Where can I get a technical passport for an apartment building?
A technical passport for a residential apartment building is the main document of any real estate property. Therefore, many people ask questions: who issues the technical passport for the MKD, where its copies are stored and to whom they are provided. Knowing the intricacies of preparing a home registration certificate and its validity period will help you avoid mistakes.
The main document for any real estate is its technical passport. The presence of such paper at an apartment building is important both for apartment owners and for organizations involved in its management and maintenance.
What is a technical passport of a house
A technical passport for a residential building is a document that describes the most complete characteristics of the building. Among other things, it specifies the following points:
- information about structural elements;
- information about existing engineering systems;
- degree of physical deterioration of the building.
The purpose of the passport is to provide owners and tenants of premises, service and management companies, as well as authorities at the local and state level with reliable information about the properties of the house. From this document you can learn not only the technical, but also the consumer and economic characteristics of the building.
The Housing Code indicates that the management organization must store and update the technical passport for a residential building, regardless of its form.
According to the law, the owners of technical documentation for a house are the owners of the premises located in it. When changing the management company, such documentation is transferred.
In particular, it can be received by one of the apartment owners if the apartment building is transferred to direct management by the owners of the premises.
It is difficult to operate a multi-storey residential building without a technical passport for it.
In this regard, the outgoing management company must transfer these papers to its successor, and this is done free of charge. The law directly specifies precisely such a procedure.
The transfer of documentation takes place 30 days before the contract for the management of an apartment building expires.
The passport of an apartment building does not have any mandatory form. There are recommendations for its execution, but in general the type of this document can be approved in the contract for the management of apartment buildings.
The technical passport does not contain any information that is a trade secret or has limited access. Developers sometimes use similar references. However, their actions are illegal, and any apartment owner can request a copy of the technical passport for a residential building to familiarize themselves with it.
In new buildings, the developer can sometimes justify the refusal to issue a passport by saying that it has not yet been prepared. If the building is put into operation, then this situation cannot exist. In the absence of a technical passport, the MKD cannot begin to be used at all.
A house passport is a document that is constantly being amended. Its adjustments are made after current and major repairs have been completed.
In addition, adjustments are made based on each technical inventory performed. Current information is updated twice a year.
This is done on the basis of a technical inspection of the apartment building, which is performed in the spring and autumn.
In what cases is a technical passport for a house needed?
Information from the technical passport for a residential building is in most cases required in order to:
- organize the operation of existing residential and non-residential premises at the appropriate level;
- plan specific activities for major and current repairs;
- calculate and justify the costs of maintaining and repairing common property. For example, information from the house’s passport is used in calculating the number of management and service organization employees required for a particular apartment building. Together with the number of employees of the management company, the same information helps to calculate the fund for paying them wages;
- receive objective quantitative information about the energy resources used;
- determine the energy efficiency of the house, as well as seek opportunities for energy saving;
- maintain a personal account for an apartment building.
Apartment owners may also need a technical passport for a residential building. We will describe several typical situations when owners of residential real estate or non-residential premises may request this document.
1. Registration of rights to individual property. An apartment or non-residential premises begins to be considered property after the object is registered in the state real estate cadastre - GKN. In this case, the owner receives a cadastral passport. This individual document is issued if there is a general passport at home.
2. Registration of rights to an unfinished construction project. The sale of real estate can be carried out, including if it is not completed or put into operation. However, here, as in the previous paragraph, you need to register the property. This happens with the registration of a cadastral passport if there is a general passport for the house.
3. Carrying out major repairs, large-scale reconstruction and redevelopment of the house. All changes must be promptly recorded in the passport of a multi-storey building. For premises owners, changes in this document are important because in some cases, in accordance with them, adjustments are made to charges in receipts for housing and communal services.
For example, during the process of reconstructing a house, the area of premises included in the common property may change.
This happens when previously mothballed premises are brought into use. Including, they are connected to heating.
Owners observe this in the form of increased bills for the maintenance of common property, which often becomes the cause of disputes.
How to get and where to order a technical passport for an apartment building
Technical passports for multi-storey residential buildings are initially prepared by their developers.
If we are talking about a new building, then before commissioning the construction company may refuse to provide this document, arguing that it is not ready.
With commissioning everything changes. From this day, within one month, the developer is obliged to transfer copies of:
- HOA;
- in the absence of an HOA - to the first apartment owner who contacted him, who will represent the interests of all owners;
- local administration.
If the house was built a long time ago, then all parties specified by law must have copies of the passport. First of all, you should contact the management company to obtain this document.
She is obliged to keep her copy of the registration certificate. If the management company refuses, then you can contact the developer.
The construction company may also refuse, or its representatives cannot be found due to the cessation of the organization’s existence.
The last authority in which a copy of the technical passport for a residential building must be kept is the local administration. The document may be in her archive, where it remains indefinitely.
Validity period of the registration certificate for the house
For a technical passport for a multi-storey residential building, there is no such thing as a validity period. It is considered permanent documentation.
Another question is the relevance of the information included in the registration certificate.
If the management company regularly carries out the necessary inspections and inventories, then there are no problems with this. However, not everyone does this.
Contents and validity period of the document
The technical passport for non-residential premises, a residential building or apartment contains all the necessary technical data about them. After receiving the application, a BTI specialist will organize a visit to the site and take measurements to find out absolutely all the information about both the external and internal parameters of the building, including the condition of the building, the number of rooms, the date of construction and much more. The fact that the value of the object and the tax base depend on their description increases the value of this document.
Receiving a passport does not relieve the owner of responsibility, since his duties include timely informing the executive body issuing the document about redevelopment, additional buildings and other changes in the design of the structure.
What is the validity period of the technical passport? The legislation of the Russian Federation provides for an indefinite period of validity of this document. However, at the same time, the owner must make an inventory every 5 years. Employees of the executive body measure the parameters of the building to ensure that there are no changes. Subsequently, a new document on completion of the technical inventory is issued. That is, the formal validity of the passport is 5 years.
Read also: Buying a resale property: what documents should you have for an apartment?
The powers of the BTI bodies do not include scheduled and unscheduled inspections of buildings. The bureau's specialists carry out their activities only upon receipt of an application. Therefore, in practice, it turns out that owners contact the executive body only before selling their real estate.
Thus, the validity period of 5 years is, as a rule, not fulfilled and the document in question is ordered as necessary. The immediate production period after submitting the application will take up to 2 weeks, and receipt occurs in the same department to which the application was submitted.
Technical passport of an apartment building
Each real estate property is entered into the unified state register, where it is assigned a cadastral number and a document is issued that contains the main characteristics of the house. Let's consider what is shown in the technical passport (TP) for an apartment building, how to get a copy of it and why it is needed.
What information does it contain and who fills it out?
The document is filled out after a visual inspection or research using special equipment based on the data obtained; information from the contract concluded with resource suppliers and service companies, meter readings and other information are also taken into account.
The technical passport of an apartment building indicates:
- square;
- composition and volume of engineering elements of the structure;
- data assessing the technical condition of communications and the house itself.
The municipality and other governing bodies use the data contained in the TP for a multi-storey building to resolve technical, financial and economic issues related to them. To increase the speed of information processing and access to it, passports of residential buildings and information from them are summarized into a single information base.
The following must be completed and maintained:
- home owners;
- management companies;
- other organizations under whose jurisdiction the MKD is located.
After current or major repairs, the data is corrected, outdated information is replaced with up-to-date information after a new inspection and technical inventory.
Why is it necessary?
All information contained in the MKD technical passport is used for the following purposes:
- organizing the appropriate technical use of a residential property;
- planning repairs, both current and capital;
- calculating the cost of repairing common property, as well as the costs of its maintenance;
- determining the required number of workers to service the apartment building;
- calculating salaries for management and maintenance employees of each residential building;
- obtaining actual information about the volume of resources consumed;
- determination of energy efficiency standards;
- calculations of energy saving frameworks;
- maintaining a personal account for MKD.
According to the Housing Code of the Russian Federation and Article 36, to calculate the cost of payment for utilities, it is necessary to know the exact square footage of the used areas in the building: attic, stairs, technical floor (basement), and so on. All this data is contained in the house passport.
Often there is a problem of discrepancy between the tariffs of utility services in accordance with the information specified in the TP of an apartment building, since they are outdated and have long lost their relevance. In order to correct the situation, it is necessary to update the document and then recalculate using the received data.
How to get an updated registration certificate
Before updating the registration certificate, you should collect all available documentation for the house, conduct an inventory and obtain a copy of the technical documentation. First of all, you need to get a copy of it, and for this:
- contact the executive regional body or organization that stores technical passports and other assessment documentation or the Bureau of Technical Inventory (BTI);
- pay the fee for providing a duplicate of the TP;
- get a copy.
The technical passport of the MKD is stored unchanged until the moment when redevelopment, reconstruction or other work is done in the house or its premises, which entails a change in the data contained in the TP.
To receive a copy, you must provide:
- title documents for real estate;
- statement;
- organization details.
To update the data of the technical passport of the house, it is necessary to conduct an inspection, scheduled or unscheduled. If discrepancies are identified between the actual condition of the house and what is indicated in the existing TP, it should be updated. In this case, you need to submit an application to the BTI. Development occurs in several stages:
- acceptance and processing of applications;
- inclusion of a request in the schedule of initial inspections of MKD by specialists;
- determining the number and time of inspection;
- inventory;
- development of a technical plan with amendments;
- Preparation;
- issuance of the document.
After receiving the updated technical passport, the management company adjusts and makes the necessary changes to the fee for the services provided. But it should be remembered that the Criminal Code itself does not have the right to update the technical passport data; this is handled exclusively by the Technical Inventory Bureau. Independently measuring the area and drawing up a survey report is not enough.
Inventory for receiving TP
Only specialized organizations of a state or municipal scale can carry out technical accounting of premises: single enterprises, bureaus, centers, departments and services. In addition to direct inventory acts, their activities also include issuing technical passports.
Previously, owners were required by law to conduct an inventory and determine whether the current condition of the house corresponds to the information specified in the registration certificate. But in 2009, the planned five-year inspections were canceled, and therefore many houses and their owners simply stopped carrying them out or the data was filled out inaccurately, as a result of which the technical passports for apartment buildings became outdated.
But it is necessary to carry out an inventory to identify inconsistencies with the current state of affairs and indicated in the passport; the management company can fill out and maintain the technical passport of the house, but the state is not authorized to independently change and enter current information.
How can a management company restore or update a technical passport of a house?
We continue to talk about the restoration of technical documentation for an apartment building, which the management organization is obliged to store and transfer, and if lost, restore it at its own expense. Read how a company can obtain a registration certificate for a home if the previous company did not transfer it or it was lost.
Determine where a copy of the registration certificate can be stored
The technical passport is the main document in the technical documentation of an apartment building and is included in its composition in accordance with clause 24 of the RF PP No. 416. The technical passport indicates the condition of the common property of the apartment building. According to section 9 of the order of the Ministry of Land Construction of the Russian Federation dated 08/04/1998 No. 37, it reflects the following information about the house:
- the area of the house and all its premises;
- floor plan and explication, that is, explanations for it;
- composition and volume of engineering communications, level of improvement;
- data assessing the technical condition of the house and its elements.
The registration certificate for the house is drawn up based on the results of the initial inventory by the developer, stored in the municipal archive and in the technical inventory bureau (clause 7 of the Decree of the Government of the Russian Federation dated December 4, 2000 No. 921).
If any technical characteristics of the house have been changed as a result of reconstruction, major repairs, redevelopment or redevelopment, then a repeat technical inventory is carried out (clause 9 of RF PP No. 921). Changes recorded during the inventory are included in the registration certificate of the house.
Restoration of MKD technical documentation with the help of third parties
Request a technical certificate for the house from the former management organization
The management organization must store and transfer technical documentation of an apartment building in accordance with clause 27 of RF PP No. 491. If any document from the technical documentation is missing, then the management organization is obliged to restore it at its own expense or by agreeing on expenses with the owners at a general meeting in the building (clause 21 RF PP No. 416).
Therefore, if the management organization does not have a technical passport for an apartment building, then it should take all measures available to it to obtain the document or restore it.
If the technical passport for the house was not transferred to the MA by the company that previously managed the apartment building, then you should contact the predecessor with a request to transfer the documents.
The request must be in writing; it is better to send it by mail with acknowledgment of receipt. In this case, the MA will be able, if necessary, to confirm that it has taken measures to restore the documents.
Why is it important for the management company to keep the technical documentation for MKD in order?
Request a copy from the municipal archive or the BTI
If it is impossible to obtain a registration certificate from the previous MA or the document was lost by the existing MA, then you need to look for a copy of it in the municipal archive or in the technical inventory bureau (BTI).
When sending a request to the municipal archive, you should attach documents confirming the right of the management authority to receive a copy of the technical passport of the apartment building: a copy of the license to manage the apartment building and the minutes of the general meeting of premises owners on the selection of this organization as the manager of the building, the technical passport for which the management is trying to restore.
It may turn out that this document is not in the archives of the local government. Then the management organization must contact the BTI at the location of the apartment building, paying the state fee for making copies.
According to Part 5 of Art. 19 Housing Code of the Russian Federation and pp. 10, 15 RF PP No. 921, the preparation or updating of the technical passport of the MKD and the issuance of copies of documents is carried out by the authorities for state technical accounting and technical inventory for a fee.
The maximum cost of one page of a copy of a technical passport depends on the area of an apartment building and is 369 - 442 rubles per A4 sheet (Resolution of the Government of the Russian Federation dated June 25, 2016 No. 576). A copy of an A4 sheet of floor plan should not cost more than 1008 rubles.
What reasons for the loss of house documentation are considered valid?
Submit an application for updating the technical passport to the BTI
If the owners of the premises in the house at the general meeting chose a different management organization or a different method of management, then the former management organization must transfer the technical documentation. Moreover, the documents must contain information that is current at the time of transfer of documents (clause “a”, clause 4 of RF PP No. 416).
The relevance of the information in the registration certificate of the house is necessary for the correct calculation of fees for housing and communal services provided for the maintenance of the common property of an apartment building (clause 17 of Appendix 2 of RF PP No. 354). Therefore, the management authority must ensure that the information in the registration certificate corresponds to the actual data on the house.
Changes to the registration certificate are made after an inventory of the common property of the house. If the management organization, during a scheduled or unscheduled inspection of the common property of the house, sees a discrepancy between the data and the registration certificate, then it is obliged to make changes to the document (clause 27 of RF PP No. 491).
But the MA cannot do this on its own: such work is carried out by the BTI or another specialized government organization (clause 10 of the RF PP No. 921). In this case, the MA will have to pay for the work of making changes to the registration certificate and issuing its current copy. The timing of the work and its cost must be clarified at the technical inventory bureau of the constituent entity of the Russian Federation, since tariffs depend on the region.
Errors in USRN data about a house and steps necessary to correct them
Remember
If the technical passport of the house is not included in the technical documentation, you can find it:
- from the former management organization;
- in the archives of the municipality;
- at the technical inventory bureau.
Making a copy of a registration certificate at BTI is a paid service: the cost depends on the tariffs established in the region, the area of the house and the number of pages in the document. The management organization pays for the work either from its own funds or raises the issue of financing the restoration of the technical passport to the OSS.
It is necessary to restore the document, since in case of failure to transfer the technical passport after termination of the management agreement, the management company may not only be held administratively liable, but also deprived of its license in case of repeated violation of this requirement (under Part 1 of Article 7.23.2 of the Code of Administrative Offenses of the Russian Federation, Part 5.2 of Art. 198 Housing Code of the Russian Federation).
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Source: https://zen.yandex.ru/media/id/5a5864e93dceb7ffefabddd3/5c1112e9220e2000ab355c14
Where is the design documentation for an apartment building stored - Legal advice
Disagreements often arise among management organizations due to ignorance of the correct list of technical documentation. Many believe that legislation cannot clearly establish what is required of managers.
However, if you study this issue a little deeper, you will notice that legislative acts provide not only for the composition of this list. In addition, the state has established periods for storing and updating certain documents, as well as rules for filling them out.
Technical documentation for an apartment building: composition, storage and transfer procedure
In some cases, management organizations do not understand what is included in the technical documentation for an apartment building to be stored. The management authorities even write complaints about the lack of a specific list of such in the legislation. In fact, this is exaggerated, since the law is quite clear about the composition, procedure for storing and updating documentation.
What is included in the technical documentation of an apartment building
Many management organizations have a question: what is included in the technical documentation of MKD , which is required for storage? Some MAs complain that this issue is not completely clear, because the legislation provides a vague list. In reality this is not the case. The law is quite clear about the composition, storage procedure and updating of TD. Management of MKD from the developer before choosing a management method
List of documents
The list of documents that are part of the technical documentation of the MKD is defined in Decree of the Government of the Russian Federation N 491 of 08/13/2006 (clauses 24 and 26).
These are the documents that contain information about the composition and condition of the common property:
- technical passport of the house;
- documents for metering devices;
- documents on acceptance of work results, estimates, inventory of work;
- inspection reports, condition checks;
- inspection reports and issued certificates of readiness for the heating period;
- MKD operating instructions;
- cadastral plan of the land plot;
- extract from Rosreestr;
- urban planning plan of the land plot;
- documents on the validity of an easement or other encumbrance;
- design documentation;
- lists of owners, tenants and tenants;
- agreements on the use of common property of apartment buildings;
- decisions and minutes of general meetings of owners;
- other documents.
The listed documents are transferred from the developer, the previous management authority or the owners (if the house was under direct management).
documents such as MKD operating instructions and design documentation if they were lost for some reason.
This primarily applies to old houses built in the last century or earlier.
Other documents that are not always available are agreements on the use of common property of apartment buildings and documents on the validity of an easement or other encumbrance. Obviously, they are only available in those apartment buildings whose owners rent out the property or have agreed to the establishment of an easement.
Let us explain that an easement is the right to limited use of someone else’s real estate. It may be installed, for example, to lay communications, or it may be permission to lay some utility networks or a road through your site, which will be used by the owners of other houses.
On the contrary, an urban planning plan for a land plot is a document that is needed for new houses. From the moment an urban planning plan was adopted in your city, its presence in the technical documentation for apartment buildings built after its adoption becomes mandatory.
Some of these documents are stored unchanged, and some are updated: this is information about the owners and tenants of premises in apartment buildings, as well as about persons using information in apartment buildings on the basis of contracts, including maintaining lists.
This is established by the Management Standards for Apartment Buildings, which were introduced by Decree of the Government of the Russian Federation N 416. Accordingly, lists of owners, tenants and tenants must be regularly updated, because their composition changes.
The technical passport of an apartment building must be updated ; this is done once every 5 years after the inventory. If, for example, the area of an apartment has changed after redevelopment, then changes are made first to the registration certificate of the apartment, and then to the registration certificate of the entire house.
An extract from Rosreestr is also being updated, which contains information about who owns residential and non-residential premises. The Housing and Communal Services Fund intends to control the overhaul of houses in the regions of Russia
Other documents
The most mysterious item in the list of technical documentation is “other documents”.
The fact is that thanks to this clause, the list becomes essentially open; it can include any documents that have something to do with the management of apartment buildings.
It is enough that the decision to include any of the documents in the technical documentation was made at the OSS by a simple majority. Minutes of the general meeting of owners of an apartment building
Such an “additional” document could be, for example, an agreement with a contractor or even some internal document of the management company - a salary sheet or staffing table. Please note that if such a decision is made at the OSS and agreed upon with the MA, the document will be included in the technical documentation. This means that then the owners will have the right to get acquainted with it.
The management company has the opportunity to anticipate such developments even at the stage of concluding a management agreement : it is enough to simply add a closed list of documents to it, having agreed upon it with the owners. Then the owners will not have the opportunity to expand this list. TOP-15 mistakes when drawing up management regulations
Why is a registration certificate prepared?
Why do you need a technical passport for your home? Primarily to promote construction. This act is issued by the technical inventory bureau. Obtaining the necessary information occurs in the BTI.
Having a technical passport is mandatory when performing the following actions:
- When creating a purchase and sale agreement, the document acts as a guarantee of the integrity of the transaction. The buyer sees the nuances of the building and eliminates any ambiguities. It is important to compare verbal information with technical specifications.
- The tax is calculated taking into account the information from the registration certificate. To calculate the tax, you need the square footage and additional characteristics of the building.
- If the owner of the home has died, then the citizen has no right to inherit without having a registration certificate for the house. In such a case, you need to contact the BTI with papers and certificates to obtain a housing passport.
- When preparing a deed of gift for a building, the main document is the registration certificate. Even if parents want to issue a certificate for their children.
- Own housing is subject to mandatory privatization; this requires the characteristics of the building, its square footage, the specifics of the construction, specified in the technical condition report of the property.
- Registering yourself as an owner is the right of every citizen who has living space. The list of required documentation must include a technical passport for the privatized quadrature.
- During legal proceedings, if there is a need to prove your right to use housing, the main evidence is only an accurate description of the property.
- When applying for a loan or mortgage, they rely on the registration certificate of the property. After studying the information, the commission will determine what percentage to set.
The value of the document is great, and it is impossible to disagree with this, because even minor, trivial situations that relate to social payments are not resolved without a technical description of housing. Obtaining a technical passport is the first task for every home owner.