How to make changes to the Unified State Register of Real Estate after redevelopment?

Information in the Unified State Register must be current. In part, this responsibility falls on the shoulders of property owners. After redevelopment, change of purpose of the premises or reconstruction, they are required to report this to Rosreestr.

It is much easier to make adjustments to the unified register if all documents for real estate (including the technical plan) are drawn up correctly, and the project for the changes made to the apartment (house) is properly drawn up.

Nowadays, it is much easier to legitimize a change in layout. Legislators have simplified the procedure by eliminating the need to undergo an international checkpoint and obtain a special permit.

To make changes to official documents, the owner needs to present only the redevelopment project and a technical report.

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How to make changes to the Unified State Register of Real Estate during redevelopment

If the following situations arise, it is necessary to make adjustments to the Unified State Register of Real Estate:

The property has ceased to exist altogether (physically destroyed) or as a whole (divided into several new accounting units);
The right of ownership has been transferred to another person (sale, inheritance, etc.). Temporary rights to real estate have arisen (long-term lease);
The technical parameters of the object have changed relative to those recorded in the cadastral passport;
Errors and inaccuracies were found in the information contained in the Unified State Register of Real Estate.

The owner of an apartment, house or plot may change as a result of any transaction, however, this legal action does not entail changes in the technical parameters of the property.

In this case, only the following set of information is entered into the Unified State Register:

Grounds for changing the owner (individual or legal entity);
New list of property owners;
The form of law established in relation to the object (equity, joint, etc.).

How to order a cadastral passport online?

Read about the validity period of a cadastral passport for an apartment here.

How to make changes to the cadastral passport, read the link:

The listed information is entered on the basis of an application received from the persons participating in the transaction. The latter are required to present title papers, an agreement and a receipt for payment of the state fee.

If the parameters of a house, apartment or plot have changed, then the process of making adjustments to the Unified State Register will become much more complicated.

Cadastral registration is carried out on the basis of a previously drawn up boundary (technical) plan. These documents record the changes that have occurred in the properties and parameters of the registered property.

You can order the creation of a technical plan from a cadastral engineer. You should only contact someone who has the appropriate certificate and is listed as an employee of a private company.

To prepare a new boundary plan (technical plan), do the following:

Look at the list of certified cadastral engineers in Rosreestr and choose the one with whom you will work;
Conclude a contract agreement with him for the required cadastral work;
Hand over to the cadastral engineer the papers that served as the basis for changes in the parameters of the real estate (acceptance certificate and approved design documentation for redevelopment);
Allow a specialist to enter the room or area to take measurements and visually inspect;
Wait until the cadastral engineer prepares all the documentation in accordance with the concluded agreement.

After registering the changes made in the new boundary or technical plan, the specialist sends the information to Rosreestr. Sending is carried out via the Internet.

To receive the completed papers, you need to make sure that the corresponding clause is in the contract agreement with the cadastral engineer.

Individuals and legal entities who own real estate and wish to make changes to the characteristics of the property in the Unified State Register of Real Estate can do this by:

Personal visit to the Rosreestr office;
Visits to the MFC;
A single portal of public services on the Internet.

In addition to the application, the owner will be required to provide title documents for the house, apartment or plot and papers confirming the legality of the grounds for making adjustments to the Unified State Register of Real Estate.

State duty for making changes to the Unified State Register of Real Estate

Amendments to the Unified State Register are made only after payment of the state fee for the service.

If the changes concern a change of owner, then the payment to the treasury is 2000 rubles. For owners who wish to record changes in the characteristics of an object, the fee is 200 rubles.

However, this amount may be more or less, depending on the type of property. This should be clarified in advance with Rosreestr or the multifunctional center where it is planned to formalize the changes.

Registration of apartment redevelopment: cost and duration of the registration process

In addition to the necessary materials and hired workers for remodeling an apartment, it is also necessary to include in the estimate the services of design companies and the cost of the necessary documents.

What will you need to pay?

Cadastral passport (from 200 rubles)
Technical passport (from 900 rubles)
Help from experts and intermediaries (price varies greatly depending on the design organization)
Drawing up a project for redevelopment (from 4,000 rubles)
Legal costs.

Calculating a specific amount for different situations is not so easy, but you need to focus specifically on new documents and materials for redevelopment.

Depending on the specific organization, the deadlines for processing documents differ slightly.

Approximate timing of the stages of redevelopment

Creation of a new apartment plan – 5-7 days
Obtaining permission for repair work – 30-40 days
Putting the apartment into operation – 12-15 days
Registration of registration certificate and other documents – 7-10 days
Coordination of the project in the BTI and the sanitation station - 15-30 days.

There are cases when, during unauthorized redevelopment, even taking into account all the conditions, the BTI refuses to issue a new technical passport and permission for a new layout.

In this case, they will send the project for revision along with a fine, which turns out to be completely unprofitable for the apartment owner. We recommend that you contact the district court with all documents and a planning plan.

If it meets all the requirements, the court will rule in your favor.

To avoid huge fines, we advise you to legalize the redevelopment before the start of repair work. This solution will save you from significant financial problems.

Firstly, if the layout is incorrect, you will be required to pay a fine and return to the previous layout. Secondly, an illegally redesigned apartment cannot be sold or rented out.

For illegal redevelopment, you will not only receive a fine: there is a risk of even going to prison for it!

An unsafe apartment layout can lead to damage to the housing stock and is equivalent to the deliberate destruction of someone else's property. Also, illegal “perestroika” workers may be punished with a year of correctional labor.

Redevelopment of living space is a serious and responsible step, which in no case should be carried out without permission. First of all, contact local authorities and obtain permission to carry out work. Next, you need to order a new apartment plan from an architectural organization and register new documents for the apartment.

And only then is it recommended to begin repair work. We hope our recommendations will greatly facilitate your repair process and save you from unexpected problems with the law.

You can find out how to register the redevelopment of an apartment legally and what documents are needed for this in the following video:

Coordination of redevelopment for the project.

For an apartment redevelopment project, it is necessary to coordinate the redevelopment in which at least one of the measures listed in paragraphs 2 and 3 of Appendix 1 of Moscow Government Decree No. 508 is carried out. Let's consider these points in order:

moving or changing the boundaries of bathrooms, toilets, toilets, showers, and so on. This list does not include the “laundry room” (room with a washing machine);
creation of load-bearing walls;
arrangement of openings in ceilings;
construction of openings in load-bearing walls and inter-apartment partitions. In other words, if the partition between the apartments is not load-bearing, but it is dismantled or an opening is made in it (the apartments are combined), then this also requires approval of the project;
laying openings in load-bearing walls;
changing the design of floors in wooden floors;
installation or dismantling of stairs, podiums, steps and ramps;
installation of partitions that create excess loads on the floor (brick, tongue-and-groove blocks, expanded clay concrete blocks, foam concrete blocks, gas silicate blocks with a thickness of more than 10 cm or other materials that create loads of more than 150 kg/sq. m). It’s easy to get around this point by pointing out that the partitions are made of plasterboard sheets on a metal frame. In fact, no one will tap and determine what these partitions are actually made of;
installation of partitions in floors with wooden ceilings. In other words, almost any redevelopment in an apartment with wooden floors must be coordinated with the project;
Creation, elimination, changing the shape of window and door openings in external enclosing structures. This includes dismantling the window sill block, dismantling the wall between the loggia and the room, and so on.
installation or transfer of kitchens and kitchen niches;
installation of a mezzanine with an area of no more than 40 percent of the area of the entire building;

Changes in the redevelopment law in 2020

Significant changes to the space of an apartment are considered major renovations. In everyday life, the term “redevelopment” is most often used. For residents/owners, its implementation has always been a problem - a lot of approvals are required in order to subsequently avoid possible troubles.

Meanwhile, new redevelopment rules appear literally every year. As a rule, they are not cardinal, but “bureaucratic” in nature - the types of work that require approval and the authorities to which to contact change.

Let's figure out what the coming year has brought us. What rules of reconstruction and redevelopment have undergone changes, and how many of them are significant? And what should be remembered this year for those who planned to glaze the balcony, divide/combine rooms, rearrange plumbing, etc.

Redevelopment of an apartment: rules of the norm

First, let's remember the legislative framework. The main legal act in this area has been and remains the Housing Code of the Russian Federation. There are several articles regulating large-scale repair and construction work in apartment buildings. They are mainly contained in articles No. 25 to No. 29.

The recently (at the end of 2018) Federal Law No. 558, which amends some articles of the RF Housing Code, is more “specialized”.

It regulates the new redevelopment rules. That is, changes in the configuration of the room or the location of utility networks that require inclusion in the technical passport. That is, prior approval with the district (city) Housing Inspectorate.

As well as work that can be carried out without any approval at all, or without prior approval from the BTI, after the fact, informing the bureau that they were carried out. And, of course, there is a clear list of “restructurings” that cannot be carried out in principle.

Rules for apartment redevelopment 2020

If we focus specifically on the new requirements of this year, then there are two of them. Moreover, both make life easier for citizens planning to “reformat” their apartment.

For approval, you no longer need a certificate confirming that the house belongs/not belongs to the list of architectural monuments
An extract from the Unified State Register is also not needed if ownership of the apartment has already been registered. Accompanying this rule is a ban on redevelopment in new buildings until the ownership of the new housing is registered with Rosrestr

Prohibited types of reconstruction of living space include:

Destruction of common building communications and load-bearing structures (walls)
Combining a balcony and/or kitchen, where a gas stove is installed, with a living space
Moving the bathroom to the areas under which the living rooms of the lower floors are located
Removing central heating elements to the balcony
Work the result of which makes normal use of the apartment impossible

No approvals are required for cosmetic repairs, changing finishes (for example, from wallpaper to tiles, from linoleum to parquet, etc.), updating built-in furniture.

There is no need to submit a preliminary application to the BTI to make:

Arrangement of openings in interior partitions
Replacing a kitchen stove
Moving plumbing fixtures within a bathroom
Installation or disassembly of plasterboard partitions
Balcony glazing
Installation of air conditioners, split systems, satellite dishes
Reconstruction/liquidation of the vestibule area

It is enough to register all the listed changes in the BTI after they have been made.

Basic rules for redevelopment in 2020

If the homeowner has planned a major renovation, including changes that will need to be made to the technical and cadastral passports, his plan must be pre-approved. To do this, you need to submit an application to the district (city) Housing Inspectorate.

First, you should order a technical passport (from the BTI or from the MFC). Then – development of the project (in any certified design organization). When all this is ready, take the following documents to the Housing Inspectorate:

Statement
Registration certificate for the apartment
Project sketch (2 copies)
Owner's passport
Consent of everyone registered in the apartment

The permit will be ready in 35 days. You cannot begin work until you receive it. These are the current rules for redevelopment of an apartment. The violator will face penalties. After all the work is completed, the owner invites the Housing Inspectorate commission, which signs documents stating that the major repairs were carried out without violations.

If you still have questions on this topic, or you want to clarify the legal requirements for repair work inside apartments, ask a lawyer. The prav.io website provides any legal advice.

Source: https://prav.io/browse/blogs/zhilishhnye-spory/izmeneniya-v-zakone-o-pereplanirovke-v-2020-godu

How to obtain a cadastral passport after redevelopment

Hello, please tell me how to make changes to the cadastre (to increase the area), if during the redevelopment these changes were not immediately made (the redevelopment was made in 2001 by the previous owners). In our hands we have only two plans of the apartment before and after the redevelopment, as well as an order from the administration to approve the redevelopment; the old owners did not give us any more papers. Now the certificate of registration of ownership indicates the area that was before the redevelopment. We need to correct this error. Also, the BTI tells us that the redevelopment has been legalized according to their data, but allegedly they did not transfer the information to the cadastre at the time, and now they do not have the opportunity to transfer this data. Give me some advice please =(

We recommend reading: Where to draw up an apartment purchase and sale agreement

How to make changes or correct an error in the cadastral passport for an apartment

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What is the procedure for registering redevelopment

Registration of redevelopment is carried out by the state housing inspection, or rather its territorial branch in each specific region. This body is assigned control functions. Representatives of the organization can provide interested owners with permission for reconstruction.

The registration procedure is as follows:

first of all, it is necessary to obtain a technical passport from the regional department of the BTI and collect an approved package of documentation for submission to the MFC;
after obtaining permission, repair work must be carried out in accordance with the submitted documentation;
call representatives of the acceptance committee of the housing inspection to draw up a final report on the completion of work;
one of the copies of the above document is sent to the BTI for the production of new cadastral documentation, which will reflect current changes;
Based on the new passport of the premises, an updated certificate is obtained confirming the right to own property.

Sample permission to redevelop an apartment:

Drawing up a technical plan

Changes to the State Property Committee documents are made on the basis of current data on the layout and boundaries of the object. This data can be provided by a technical plan, which is prepared by a cadastral engineer. Included in technical The plan includes a drawing and a description, which indicates the main parameters of the object.

To produce a new technical plan you will need:

Project documentation
act of completed reconstruction
title documents for an object
declaration of premises, certified by the owner and confirming the accuracy of the data specified in the technical plan.