Validity period of the technical passport for the apartment upon sale

Information contained in the technical passport

The technical passport looks like an A3 brochure, which contains the following data:

• about the owner of the apartment;
• about its location;
• about the area of ​​the apartment, both general - residential and non-residential (for example, a balcony), and each of the rooms separately (including bathrooms, kitchen, storage rooms);
• information about the major repairs carried out (or the date the premises were put into operation, if we are talking about new buildings);
• cost of housing (according to the inventory survey);
• data on redevelopments (if they were carried out without permission, then information about them is entered into the TP when updating);
• information about the material from which the structure itself is made, and information about the interior decoration;
• engineering Communication;
• information about the explication;
• "age" of the building.

At the very end of the technical passport for the apartment, information about the authority (and official), as well as the date of issue, is indicated.

Does the technical passport for the apartment have a validity period?

Housing law > Real estate registration > Does the technical passport for an apartment have a validity period?
In accordance with the new Federal Law No. 221-FZ, which came into force on March 1, 2008, when concluding transactions with real estate, a cadastral passport must be provided. It is on its basis that all transactions carried out by the Federal Registration Center are registered.

An important nuance is that this document does not indicate many object parameters. These include inventory costs, which are required in a variety of different situations.

For example, it may come up at the time of inheritance, when pledging property, its arrest and other situations. Therefore, the technical passport of the property continues to be relevant. Its registration is carried out by specialists from the regional departments of the BTI. This is done by providing a number of documents.

A technical passport is a document containing the parameters of the premises and its engineering and technical communications. Photo No. 1

The technical passport is a document that includes a listing of the parameters of the apartment. All its smallest details, as well as engineering and technical communications, are taken into account.

Owners often have confusion between two terms: “technical passport” and “technical plan”. It is important to understand that these documents are different. Initially, you need to take care of preparing a technical plan, then a technical passport will be prepared based on it.

In addition, BTI employees redirect the data specified in the technical plan to Rosreestr. In this organization, another document necessary for owners is being formed - a cadastral passport.

Typically, the preparation of a technical passport occurs when the initial inventory is carried out, that is, during the commissioning of new housing. It is not the developer company who takes responsibility for its production, but the apartment owners themselves.

technical passport

Detailed contents of the technical passport for residential premises. Photo No. 2

The technical passport (we have yet to discuss the validity period of the technical passport for the apartment below) contains information about its footage, number of rooms, and the material from which the walls and partitions are made. An indication of the so-called inventory value of the apartment is given.

For what purpose is a technical passport issued?

The owner will need this document in situations such as:

• When buying a home with a mortgage (the bank needs it to form a market price for the home).
• When setting the amount of housing tax.
• When agreeing on redevelopment.
• When making transactions for the alienation of real estate.

You cannot do without a technical passport in two more cases: if shares in shared housing are allocated, and if an inheritance is registered.

How to get a technical passport

How and where to get a technical passport for an apartment? Photo No. 3

It is important for any owner to know where exactly one can obtain a technical passport and what package of documents should be provided. So, it should contain:

• Application (filled out according to the established template).
• A receipt confirming that the service for producing a registration certificate has been paid for.
• Owner's passport.
• It is necessary to have a title document for the property.
• If you apply for a document from the owner's representative, you will need to present a notarized power of attorney.

As for the cost of services for preparing this document, each regional BTI sets it independently. Payment of the state duty can be made at the cash desk located directly at the BTI, or at any bank branch.

A technical passport is produced within ten to fourteen days. If necessary, it can be prepared in an expedited manner (seven days). Payment for BTI services will be increased.

To issue a passport, a BTI employee goes to a specific address and inspects the property.

If its owners are fans of redevelopment (they cannot imagine their life without moving walls, replacing plumbing, moving slabs), then no one will rush to issue them a document until the owners legalize the changes made (there is an appropriate procedure for this). They will also be subject to an administrative fine.

After conducting the inspection, the employee begins to draw up the necessary documents and prepares a new apartment plan. It is on this basis that the estimated inventory value of the property will be calculated.

After checking the submitted documents, a BTI employee issues a receipt. The day when the completed passport can be picked up is also determined. Moreover, the documents are issued after a certain period of time. If it needs to be reduced, this can be done by paying a significantly increased tariff (it is charged for the urgency of the work).

When making any changes to the housing, in order for the updated information to be included in the BTI database, you will need to invite a technical engineer. He will take all measurements and record changes in the technical passport.

Validity period of the technical passport for the apartment

Validity period of the technical passport for the apartment? Photo No. 4

As for the validity period of the technical passport, it has no restrictions. But the relevant legislation sets a period after which an inventory of the apartment must be carried out.

It is five years. In this case, an updated technical passport is issued. In practice, few people fulfill this requirement.

As a rule, the owner thinks about obtaining a new registration certificate as needed.

In other words, if you do not plan to renovate your apartment in the near future, as well as sell it, donate it, etc., then you do not need to take inventory of your home.

If the situation is exactly the opposite, then coordination of this issue with the BTI will be required. And this is already connected with the preparation of a new document.

If BTI specialists have given one of the owners a technical passport, the validity period of which is limited, then this is already equated to a violation of current legislation.

Source: https://PravoZhil.com/oformlenie/oformlenie-tehnicheskogo-pasporta.html

Validity period of the registration certificate

Previously, the validity period (expiration date) of the TP was 5 years, but some time ago this legal norm was abolished. According to established practice, the TP may be required to be updated in cases where its use is necessary (for example, when selling an apartment or in other cases), so sometimes it is better to do it yourself.

Mandatory and prompt replacement of the TP will be required in the event of redevelopment. Read more about how to properly remodel an apartment.

When do you need to change your registration certificate?

The absence of legal restrictions on the duration of validity of a technical passport does not mean that this document does not need to be reviewed and periodically updated. The validity period of a technical passport for an apartment will depend on the specific situation. They can be divided into three main categories:

• Indefinite . Such situations arise for owners who have become owners of a home and immediately issued a registration certificate for it, if they do not plan to change anything in the apartment, sell, donate, or otherwise alienate their property. In addition, when nothing has changed in your apartment at the time of the unscheduled inspection, no one will be able to present anything to the owner due to the “expired” registration certificate.
• Five years. The period after which information may lose its relevance. It is recommended to update the technical passport after this period. But in practice, given that this procedure is paid, citizens do not adhere to it until events involving the alienation of property occur. After all, there is no responsibility for this.
• Under the event. When it is necessary to carry out redevelopment, register someone, complete a technical examination, carry out reconstruction, record destruction, prepare documents for transferring ownership to another person, you will need to update the information available in the technical passport. And even if a five-year period has not yet passed since the last registration, experienced lawyers recommend performing such actions.

Today, no regulatory act establishes the validity period of a technical passport. Therefore, such an action is illegal.

Why do you need a technical passport?

Despite the fact that the independent significance of the technical passport of the apartment is small, it will become a necessary document in the following cases:

• obtaining a cadastral passport;
• for permission to begin redevelopment;
• when determining the inventory value of housing (for example, in inheritance disputes, or such information may be required by the bank when an individual submits an application for a mortgage);
• when calculating property tax;
• in legal disputes (for example, if the allocation of a share in kind is required in the common shared ownership of the apartment owners).

Therefore, it is better to always have a TP with the correct information on hand, so that, if necessary, you do not have to urgently restore or verify it.

What to do if not there or lost?

Having discovered that among the documents for the apartment there is not enough technical passport of the apartment’s living space, you should not despair. This problem is easily solved. First you need to contact the BTI .

1. If the original is lost, a duplicate can be issued. A copy is issued for technical passports manufactured after 1999. Variants released before this year require new design.
2. If after a purchase and sale transaction it is discovered that the package is missing a document, you will have to go through a restoration procedure.

Obtaining a registration certificate

There are several ways to get a TP for an apartment. These include:

1. An independent visit to the Technical Inventory Bureau (BTI) by submitting an application, to which you must attach copies of the documents discussed below. Sometimes the issuance or verification of technical documentation requires the visit of a specialist. The BTI will be able to immediately resolve the issue with the date and time of his visit to the apartment.
2. By contacting one of the Multifunctional Centers (MFC). It is better (but not necessary) to contact the MFC at the location of the property. This body collects documentation and transfers it to the BTI. The applicant will be notified when the papers will be ready.
3. Through the State Services website. To use this resource, you must have an account (personal account) officially confirmed by the user’s personal data. All documentation in this case will be in electronic form, so you will have to make color copies of the documents required to be included in the application yourself.
4. With the help of specialized companies. These organizations act on the basis of a power of attorney. They work on a commercial basis, but in return the applicant will be spared from fussing with documentation and wasting time - the employees of such a company will do all the work themselves, and the finished TP can even be delivered to a place and time convenient for the customer. The cost of this service should be clarified with the specific company.

What is the price?

The cost of the certificate will depend on the size of the object, the area in which it is located, its location and the type of document issued. Some certificates may be issued free of charge. In each city, local municipalities can set their own prices.

You can find out the cost of a specific document at the BTI branch itself or on the government services website.

Be sure to read it! Sample application to the guardianship and trusteeship authorities - form 2020

How much is done?

The maximum period for issuing a certificate is 30 days, but based on practice, this takes about 10 working days.

Package of documents

The first will be a statement. It has a prescribed form, which the applicant will be asked to fill out both during an independent visit to the BTI, and when receiving TP in other ways above. In this case, be sure to indicate the form:

1. Form 3. Filled out in cases where the TP for the apartment was already issued earlier (but, for example, was lost), that is, there is no need for a specialist to visit the applicant.
2. Form 4. Requires a BTI employee to travel to the specified address to carry out the necessary measurements and other examinations. This form is used if the TP is issued for the first time, data is being reconciled (the previous TP is valid for more than 5 years), as well as when a redevelopment is completed by the owner of the apartment - data about it is recorded in the new TP.
3. Form 7. Used when registering the privatization of an apartment. TP of this type has an expanded form and contains information not only about an individual apartment, but also about the entire apartment building (floor plan).

The following documents are attached to the application:

• a copy of the applicant's passport;
• copies of title documents for the apartment (certificate of registration of ownership rights issued by Rosreestr);
• check for payment of state duty.

Sometimes additional documents may be needed, for example, when carrying out redevelopment, it will be necessary to attach a request from the Department of Architecture and Urban Planning, inheritance disputes will require you to provide a copy of the will, and the actions of the applicant through third parties (for example, in the case of contacting specialized organizations) will put him in front of the need to secure them powers by notarized power of attorney.

Therefore, for each case of applying for TP, it is recommended to call the desired BTI and agree on all the important points there.

Required list of documents

What is a registration certificate for an apartment and what does the applicant need to provide to the BTI authorities for its registration? One of the first and main ones is a statement indicating the reason for issuing (correcting) the registration certificate.

In addition, the package of papers includes the following:

1. Passport of the person who submitted the application.
2. Confirmation of ownership of a real estate object.
3. A receipt confirming the fact of payment of the state duty.

This list is general, but it is worth remembering that non-standard, individual situations may require the provision of additional certificates, and it is best to clarify this fact with the territorial office of the BTI. For example, if it is planned to redevelop a residential premises, then it will be necessary to submit a Request from the urban planning department.

Cost of registration certificate

The amount of expenses that will have to be incurred in obtaining a TP for an apartment is approximately equal to 1000 rubles. The fact is that in each region this amount is set independently. In addition, its value may vary depending on the size of the object, the nature of the service (with or without a specialist visit; in the first case, the burden of paying for his services will also fall on the customer).

Also, the final price of the service will be influenced by its urgency, which has already been mentioned, and the method of ordering. Payment will consist of the state fee (the receipt will need to be attached to the application) and the rest of the amount, which will be communicated to the customer when he comes to receive his TP.

The management company servicing an apartment building must have its own TP. Therefore, first you can try to get the document you are interested in there.

Sample technical passport of an apartment:

How long is a technical passport for a house valid?

The list of documentation for real estate that needs to be completed in order to become a full owner is very wide. In addition to the standard cadastral passport for buildings, structures and premises, it is also necessary to issue a technical passport.

The legislation precisely establishes the characteristics of such a document, but the validity period is ambiguous. After all, this is a very important document, especially for a residential building.

So what is such a document and what is the validity period of a technical passport for a residential building?

What is a technical passport of a residential building?

This document contains detailed information on the technical and other characteristics of the premises, which includes the following data:

• address;
• number of storeys;
• square;
• date of construction;
• purpose (residential, non-residential)
• bearing structures;
• lines of engineering and communication networks;
• graphic representation of the floor plan;
• graph of changes (if any);
• cadastral valuation of residential premises.

In addition to the presence of the specified data in the document, it is necessary to ensure its reliability. After all, fictitious information can be detrimental to the owner in controversial situations.

Purposes of obtaining a technical passport

In general, such a passport can be useful in the following situations:

• when resolving property disputes;
• when determining the amount of tax;
• when transferring residential premises as collateral;
• when applying for a mortgage loan;
• registration of inheritance, etc.

This document can be issued at the BTI branch at the place of permanent registration or the location of the residential premises.

Conditions for obtaining a cadastral passport

The legislation identifies the following conditions for obtaining a technical passport for a residential building:

• the premises must be owned by the applicant;
• construction must be carried out in compliance with construction standards (SNiP).

In other cases, registration and issuance of a residential building passport will be refused.

To obtain this document, you must submit the following documentation to the BTI:

• ID card of the owner(s);
• application according to the sample provided by the BTI itself;
• title document for residential premises;
• receipt for payment of government services.

In addition, depending on the purpose of obtaining a passport, you will need to submit an additional relevant document. For example, when registering an inheritance, a special request from a notary is required.

To obtain a technical passport, BTI employees conduct a special inventory, for which they will need access to a residential building.

Validity period of the technical passport of the residential premises

The legislation does not clearly define the validity period of a technical passport. In general, this issue is considered in the legal acts in two ways:

1. The need to conduct a technical inventory is indicated, but at least once every five years.
2. The technical passport is presented in the form of an unlimited document.

In fact, the technical passport is indeed an indefinite document. Its details do not change throughout the entire period of existence of the property. On the other hand, the information provided in this document loses its relevance over time.

Loss of reliability and relevance of the house passport makes the document unsuitable for submission to various authorities when conducting real estate transactions. With a technical passport, the inventory period of which is more than five years, it will be difficult to formalize the right after the sale, transfer it to inheritance, etc.

The validity period of a technical passport can be called the period of time between two technical inventories of a residential building.

Inventory: concept and types

Inventory is a procedure for inspecting and certifying the characteristics of residential and non-residential premises in a technical passport. Also, when conducting an inventory of a residential building, the fact that the construction and technical characteristics comply with the standards established by law is checked.

The legislation, depending on the time of conducting a technical inventory of residential premises, distinguishes the following types of this procedure:

1. Primary inventory - carried out upon completion of construction of a residential premises, immediately after registration of ownership of it.
2. Scheduled inventory is carried out at least once every five years.
3. Extraordinary inventory - carried out as needed.

Each of these types has its own production characteristics. However, the list of documents in each of these types of technical inventory of residential premises remains virtually unchanged.

Features of primary inventory

Primary inventory is recognized as the most important procedure. It is here that the technical characteristics of the residential premises are registered. A special feature of this procedure is the need to provide a floor plan.

But this is controversial, and depending on the region, a floor plan may not be required. It is established by law that if, when registering property rights, the corresponding plan was submitted to the register, then it is not required to present it additionally to the BTI. However, this rule is not observed everywhere.

This provision is important from the point of view of the costs of obtaining a technical passport. After all, this is done at the expense of the owner and it is not returned from the registry. This means that for BTI you will have to order a new copy of the plan from special services for an additional fee.

Planned technical inventory

Carrying out a planned inventory, although presented in legislation as a mandatory procedure, does not in any way affect the legal characteristics of the current passport. In fact, once you have made a registration certificate for a residential premises, you can use it indefinitely.

In general, there is no need to call BTI employees to your home to carry out a planned procedure. It is enough to order an examination of the data already available in the housing registration certificate.

Extraordinary housing inventory

Extraordinary inventory is another matter. Refusal to carry it out may cause difficulties in the future, since it is mainly necessary when remodeling the premises.

If the changes made to the plan are not reflected, then if disputes arise regarding common, joint or shared ownership, it will be impossible to determine the limits of ownership of each of the owners. After all, the technical plan will not correspond to the actual characteristics of the housing.

In addition, when redeveloping housing, especially if it is located in an apartment building, it is necessary to obtain permission from the city architectural service. Only with the participation of the specified service in the redevelopment process will it be possible to make changes to the registration certificate in the order of an extraordinary inventory.

Consequences of refusing to carry out a planned inventory

As already mentioned, it is not at all necessary to carry out a planned inventory. Although the provisions of the law clearly state that it is impossible to register ownership of real estate whose registration certificate is valid for more than five years. However, in practice everything is different.

The point is the federal structure of the state and the excessive activity of the real estate market. Each region has its own additional by-laws, which establish a slightly different procedure. So it is difficult to say whether registration of rights to property with a conditionally expired passport will be refused. And in any case, such a refusal can be appealed in court.

As for liability for refusal to carry out a planned inventory, the legislation does not indicate any sanctions for such violators. Thus, the unlimited validity of this document is once again confirmed.

The importance of the technical passport period for the purchase and sale of residential premises

When buying and selling residential premises, the limitation period for issuing a technical passport has no practical significance. But many are mistaken about the legal nature of this document, considering it a mandatory legal document. Actually this is not true.

Title documents for residential property may be:

• certificate of ownership;
• certificate of inheritance;
• privatization order;
• purchase and sale agreement and other civil contracts.

Thus, the registration certificate of the premises is not a document of title and cannot in any way limit the right of ownership (in this case, the right to dispose) of one’s property.

Refusal to register rights even if the passport is more than five years old is, in fact, considered a violation of constitutional human rights.

Tips for obtaining a technical passport

When carrying out the procedure for obtaining a registration certificate for residential premises, it will be easier if you use some useful recommendations:

1. The total period for issuing a passport cannot exceed three weeks, depending on the area of ​​the premises. By paying a little extra (officially), you can receive the document in just a couple of days.
2. It is best to immediately record any change in the characteristics of the property in your passport; this will allow you to insure yourself in various cases.
3. If changes are not planned, then you don’t need to carry out a planned inventory. In which case it will have to be carried out when re-registering rights. This will save both money and time.
4. In the absence of housing redevelopment, a planned inventory can be ordered through the BTI website.

In general, the legal nature of the technical passport has not yet been clearly established. Even government agencies do not always require compliance with rules regarding the validity period of a technical passport for a house.

Source: https://ZhiloePravo.com/kadastr/pasport/srok-deystviya-na-zhiloy-dom.html

How to get a?

If the inspection of the apartment by a BTI engineer was carried out a long time ago, then it is better to apply for his visit. They will measure all existing premises, on this basis they will be entered into a single database and a technical passport will be drawn up.

To obtain a technical passport, the owner of the apartment submits an application to the Bureau of Technical Inventory, attaching the following documents:

• Identity card with permanent registered address.
• If the registration will be handled by an authorized person, a power of attorney indicating his actions.
• An extract from Rosreestr on property rights obtained as a result of a purchase and sale transaction, inheritance or gift.
• Paid receipt of state duty for the provision of services.

If there are several owners, then each must provide the same list of documentation, and the document will have a general plan of the apartment, and not a separate room that each of them owns.

When will it be issued?

If the owner formalized the redevelopment through the housing inspectorate, then it will take about 30 working days to make the change, drawing up a plan and explanatory notes.

If no changes have been made to the apartment recently, then after submitting a set of documentation, a registration certificate can be obtained within 1-2 hours.

BTI employees make requests through interdepartmental channels, and if information about the apartment is not in the unified database, then the execution period is suspended for 5 days.

The applicant is asked to submit the necessary documents within the same time frame for drawing up the registration certificate.

A sample technical passport for an apartment is here.

Price

However, if work on inspection of a residential premises is ordered, the cost will increase in accordance with the concluded contract (depending on the square footage of the apartment and the deadline for completion; for an urgent order, the contract price is multiplied by two).

What is the cost of a technical passport for an apartment in BTI? Information here.

What is the expiration date of a technical passport for a house? Details in this article.

What documents will you need to prepare?

The full list of documents required to obtain a registration certificate will depend on the situation. But in any case, you will need the following:

• original and copy of the passport of the applicant who is the owner of the apartment (house);
• a document confirming the right to housing (ownership certificate, purchase and sale agreement, donation, if the housing is not privatized, you will need an extract from your personal account, a lease agreement, other supporting documents on the basis of which it can be concluded that you actually live or own this premises);

Considering the most frequently accepted requests by the BTI, which are popular at the everyday level, additional documents are often required to help confirm the legality of certain actions:

1. documents (original and copy) confirming the fact of death (certificate), when it is necessary to re-register the inheritance;
2. to confirm the legality of the redevelopment, you will have to provide the appropriate permission from the authorized body, or a court decision that allows you to legitimize the previously accomplished fact;
3. notarized power of attorney.

All this is checked (copies are checked against the originals). When receiving an application from the owner of the home. Lack of required documents may result in refusal to accept documents for consideration.

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