List of documents for registering an apartment in the cadastral register.

Registration of an apartment for cadastral registration: documents, verification procedure

In Russia, to this day, there are real estate properties that, for some reason, have never been registered in the State Register database. These can be either apartments in “old” apartment buildings or residential premises in new buildings. But most importantly, they all cause a lot of inconvenience to the owners.

Firstly, without such registration of real estate, a citizen simply cannot be considered its full owner. This means that, according to the law, he has no right to dispose of the living space at his own request. He will not be able to sell it, donate it, bequeath it, or mortgage it.

Therefore, cadastral registration is the first thing that an owner should attend to when becoming the owner of an apartment in a new building after its commissioning . And when buying housing on the secondary market, the location of the property in the cadastral register is the first thing to check . And if not, you will have to bet.

What is it—registration of an apartment for cadastral registration? The procedure involves obtaining a whole package of documents, including a cadastral passport and plan.

At the same time, all information about the owner and characteristics of a specific property are entered into a single all-Russian database.

And this fact is a guarantee of the subsequent security of the owner’s rights to the apartment, as well as the basis for further taxation.

1. Why is it necessary to register an apartment for cadastral registration 2. Documents for cadastral registration of an apartment 3. Additional nuances 4. Probability of refusal

Why is it necessary to register an apartment for cadastral registration?

An apartment, whether purchased in a newly built building or on the secondary market, will be entered into the registry database in the name of its new owner. Cadastral registration is certainly carried out when:

Ownership rights to residential premises in a new building are registered.
An apartment purchased on the secondary residential market is registered.
A mortgage loan is issued at the bank and it is necessary to provide the most complete package of documents.
The legal purity of the secondary real estate property is checked.
The housing is being redeveloped.
A certain conflict is being considered in court.

Without the State Register, it is impossible to confirm the rights of the owner or conduct any kind of real estate transaction . Without it (without accounting), the owner will certainly have problems with the tax service.

The following must be entered into the Cadastre:

housing in new buildings;
bequeathed or inherited property;
as well as real estate that was owned for a long time without registering ownership.

Documents for cadastral registration of an apartment

To register real estate with the cadastral register, the owner will need a package of documents, which includes:

The owner's civil passport (copies will have to be submitted, so it is better to immediately have them certified by a notary, or do it right at the point of submission).
Technical passport of the object + plan (both are obtained from the BTI - the local Bureau of Technical Inventory).
Documents of title to the apartment (this could be a purchase and sale agreement, deed of gift, exchange or rent agreements, certificate of inheritance, etc.).
Paid receipt of state duty.

The completed package is accompanied by a statement from the property owner - a special completed form.

In principle, there should be no difficulties with any of the above papers.

Unless ordering and receiving a technical passport and plan is a special procedure, which also involves filing an application and a number of subsequent steps.

A certain amount of time will pass before such documents are prepared and handed over to the owner. You will also have to pay for inspecting the property and taking the necessary measurements.

You also need to consider the following:

an apartment in a residential building purchased on the secondary market is subject to immediate cadastral registration (immediately after the conclusion of the transaction);
Housing in a new building can be entered into the state register only after the entire house has been put into operation.

Additional nuances

Owners should also keep in mind a number of significant nuances. It is possible to obtain a cadastral passport for a residential premises only after the apartment is entered into the register. And without a cadastral passport, you cannot register for a living space, or join a housing association of owners.

Without a cadastral passport, taxes will not be calculated. But the taxes themselves will not go away; there is no statute of limitations for them. All the same, someday they will be calculated and accrued, but only in a significantly larger amount (with penalties and fines).

In addition, if any litigation occurs, the owner will have nothing to prove his rights to the property in court. And this can lead to fatal consequences for him. Let's say this situation: a citizen purchased housing in a house under construction, and then the developer went bankrupt. How to prove your rights and defend your interests? Only with a cadastral passport in hand.

By the way, in order to register an apartment in a new building or a house under construction, the potential owner will have to collect additional documents:

DDS (special shared construction agreement);
acceptance certificate (if there is one, of course);
act of initial measurement of the house from the developer;
bank loan agreement (this is for those who took out a mortgage).

You will also need to pay the fee and attach a receipt to the package with a note about the payment made.

Probability of failure

The owner of a property must be prepared for the fact that he will be denied registration of his apartment in the cadastral register. This could happen if:

The submitted documents contain false, irrelevant or contradictory information (this may concern both the characteristics of the object and information about its owner).
The required document (one of the above) is missing.
Inaccuracies and typos were found in the certificates and extracts (provided).

An official refusal is always formalized in writing and in detail, indicating specific reasons. And the apartment owner should analyze this document after receiving it. After all, you can correct mistakes, prepare new papers taking into account the requirements and resubmit the application.

If a citizen considers the grounds for refusal to be illegal, he can appeal such refusal.

True, here it is better not to rely on yourself and your legal literacy, but to consult with a truly experienced specialist in these matters - a specialized lawyer.

If the refusal is indeed erroneous, you need to go to court and have it overturned. But here, too, one cannot do without qualified legal support.

In general, you should be prepared for the fact that the procedure for registering an apartment with cadastral registration is not a very fast undertaking. Especially if you don’t take care of all the necessary documents in advance.

But you need to approach the matter seriously so as not to redo anything, lengthening the review period and thereby delaying the completion of transactions, the preparation of necessary documents and other equally important processes.

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Source: https://pravo.moe/postanovka-kvartiry-na-kadastrovyj-uchet-dokumenty-i-procedura/

The house is not registered in the cadastral register; consequences

It is not uncommon for owners of real estate, be it a plot of land, an apartment or a house, to not know whether the objects are registered in the cadastral register.

How can you check this?

If you don’t have a cadastral passport or an extract from the Unified State Register of Real Estate about the property, then finding out whether the property is registered in the cadastral register will also not be difficult. Electronic services posted on the official website of Rosreestr (// rosreestr.ru) will help with this.

With the help of the Public Cadastral Map, everyone can easily find out information regarding a particular property.

To find out, for example, whether a house is registered in the cadastral register, you need to fill out the search box in the upper right corner of the map.

If you find a plot of land, but the house is not listed on it, it means that it is either not registered in the cadastral register or is entered into the real estate register without coordinates. But there are other ways to find out whether a house is registered in the cadastral register.

Again, using the electronic service of Rosreestr “Online reference information on real estate”, anyone can search by address by filling out at least one of the required fields.

If you haven’t found your home using the above services, you can request information from the real estate register at the nearest MFC office, regardless of the location of the property, or electronically on the official website of Rosreestr through the “Personal Account” service.

If it suddenly turns out that the property is not registered in the cadastral register, then it makes sense to collect a package of documents for it and contact the MFC to register the property in the cadastral register and register ownership, or electronically on the official website of Rosreestr.

If your property is located in another region, then an application for cadastral registration, state registration of property rights and the necessary documents can be submitted on an extraterritorial basis by contacting the branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Tula region (Tula, Komsomolskaya St., 45).

How to register a house in the cadastral register - registration procedure

It is important to note that state authorities and local governments do not have the right to require you to submit a cadastral passport if it is necessary to provide a state or municipal service and independently request a cadastral passport from the cadastral registration authority.

application for registration of an object in the cadastral register;
a receipt indicating payment of the state-established duty;
a passport if the owner applies personally or a power of attorney indicating the powers of his representative;
documents establishing the applicant’s right to own a house (warrant, sale and purchase agreement or social tenancy agreement, property certificate, etc.);
technical plan or passport drawn up by a BTI engineer.

Questions and answers in the field of real estate registration

No, not necessarily. You can also prepare a contract in simple written form. But agreements in notarial or written form must be registered with Rosreestr (UFRS), where the transfer of ownership is registered. 4. How can I check the availability of rights to real estate?

This can be confirmed by a resolution on the allocation of land. This document is issued by the district administration. 25. Good evening! Please tell me, if an unfinished construction project is registered in the cadastral register, why is there no cadastral value? Thank you!

Why doesn't the developer register the house with the cadastral register?

Today, registration of an apartment building in the cadastre implies the simultaneous receipt of cadastral numbers for residential premises in it, that is, all premises automatically receive an individual number and appear in the state real estate cadastre. But this does not take into account some nuances:

In the fall of 2013, a new algorithm for the procedure for obtaining a cadastral number for a house gained legal force.

Before this, the cadastral registration of a residential building or apartment by a development company - initially the cadastral chamber assigned an individual number to the house, after which the developer was given a technical passport of the property.

The second stage of the procedure consisted of obtaining an individual number for the premises in the house itself, thanks to which it was possible to register the property in Rosreestr. The disadvantage of this arrangement was that all accounting issues were placed on the shoulders of developers who were absolutely not interested in this.

Read more: Proper notice of the court hearing

If the house is not registered in the cadastral register, what should you do?

In addition, you will have to request a special act from the developer, which was drawn up during the initial measurement of the houses. You will also need a technical plan for a specific apartment, which is now presented in electronic form and is a disk with all the documents on it, marked with the engineer’s electronic signature.

The Code of the Russian Federation includes paragraphs 19-24, establishing a detailed procedure for the creation of settlements on the site of rotational and other temporary settlements created before January 1, 2007 within the boundaries of the forest fund lands for timber harvesting (hereinafter referred to as forest settlements), or military camps created within the boundaries forest districts, forest parks on forest lands or lands of defense and security for the placement of subsequently abolished military units (units), formations, military educational institutions of higher education, other organizations of the Armed Forces of the Russian Federation, troops of the National Guard of the Russian Federation, state security agencies (hereinafter referred to as the military towns). The procedure for creating settlements on the site of such formations and transferring forest lands into lands of settlements is significantly simpler compared to the previously existing procedure.

Self-registration of an apartment for cadastral registration

With the adoption of the cadastre law, all new buildings built before 2012 are subject to mandatory cadastral registration of the house along with all the premises (apartments that are located in it).

If a developer registers a house in the cadastral register, he must do this with all apartments.

Cases where 1-2 apartments are missed are extremely rare (most often due to the fault of employees entering information into the database).

In practice, this situation most often arises when the developer changes. The initiator of the project went bankrupt, a long-term construction was formed, and the local administration, in order to avoid a scandal, attracts another company. The interests of shareholders are protected, but the new developer receives extremely little income from the remaining unsold apartments.

Checking real estate: how to find out whether a house is registered in the cadastral register via the Internet

To solve the problem, collect a package of documents for real estate, take your passport and contact the cadastral chamber to register the plot or building. If additional documents are required, the service employee will immediately notify you.

If the request is submitted by a person in person, if the information is refused, a document is drawn up indicating the reason. When viewing the data of interest through the portal of the registration authority, if false or incomplete information is entered, the request will be blocked.

Feedback

If there is no technical plan? it needs to be made. The basis for its preparation is the technical passport. It takes at least a month to compile each of these documents.

However, much more often there are situations when technical documents do not correspond to reality, for example, redevelopment has been carried out in an apartment: then, without legalizing the redevelopment, you will not receive a valid registration certificate, which means you will not be able to register the apartment.

Registration of real estate in the cadastral register does not concern 90% of the population at all. You can live peacefully in your apartment or house, knowing nothing about the cadastre, technical plan and other things, but what if you need to sell it? you will learn about the existence of a document without which this is simply impossible to do. This document ? cadastral passport

Cadastral passport for an apartment

In this case, entry into the inheritance will be made on the basis of the law, that is, the list of heirs is determined by law according to the level of family ties.

An apartment is included in the inheritance estate on the basis of existing privatization documents (privatization agreement, certificate of ownership, etc.).

Subsequently, the heir carries out cadastral registration and properly registers ownership of the apartment in the registration service.

But you can organize this activity yourself. To do this, it is enough to contact any cadastral engineer, who will draw up a technical plan and prepare other documentation for registering the apartment with the cadastral register.

Currently, it is possible to place an apartment independently of the entire house and other apartments in particular. Next, submit the documents to the cadastral chamber.

After receiving a cadastral passport, you can contact RosReestr to register property rights.

Read more: If you decide to quit during your probationary period

How to register an unauthorized building

After the construction of a residential building, if it was not timely registered with the cadastral register, it is necessary to apply to the court with demands for recognition of ownership of the unauthorized construction and the obligation to put the newly created building (residential building) into state cadastral registration based on the technical plan data

Currently, cadastral registration of a constructed building (a residential building, an individual housing construction project (IHC)) is possible only if there is a permit for its construction.

The question arises: how can we now, without a construction permit in hand, achieve cadastral registration and state registration of ownership of a building (residential building)?

A building erected or created on a land plot without obtaining the necessary permits, in accordance with Art. 222 of the Civil Code of the Russian Federation is an unauthorized construction.

A person who has carried out an unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the construction - sell, donate, lease, or make other transactions.

An unauthorized building is subject to demolition by the person who carried it out or at his expense, with the exception of the following case.

The right of ownership of an unauthorized construction may be recognized by the court:

for the person who owns the land plot on which the building is created, subject to the simultaneous observance of the following conditions:

if in relation to the land plot the person who carried out the construction has rights allowing the construction of this object on it

if on the day of going to court the building complies with the parameters established by the territory planning documentation, land use and development rules or mandatory requirements for building parameters contained in other documents;

if the preservation of the building does not violate the rights of other persons and does not pose a threat to the life and health of citizens.

In this regard, we believe that resolving this issue in court in accordance with paragraph 5 of Part 2 of Art.

14 of Federal Law No. 218-FZ “On State Registration of Real Estate” will be the only basis for cadastral registration and registration of rights to real estate, since on the basis of Part 3 of Art.

14 Federal Law No. 218, it is possible to carry out cadastral registration and state registration of rights simultaneously in connection with the creation of a real estate property (and formation, with the exception of certain cases provided for in clauses 8-10, part 5, article 14 of Federal Law No. 218-FZ).

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However, filing an application with the court does not guarantee you an unambiguously positive solution to this issue.

Let's consider the cases and conditions of a positive example of legalizing unauthorized construction in court.

The Federal Antimonopoly Service of the Moscow District, in Resolution No. KG-A41/4648-10 dated May 17, 2010, noted that the lack of a construction permit in itself cannot serve as a basis for refusing a claim for recognition of ownership of an unauthorized construction.

Source: https://kalibr20.ru/urkons/dom-ne-postavlen-na-kadastrovyj-uchet-posledstvija/

The authorities must register the new building

Initial data: an apartment was purchased in a new building during the construction phase.
The house has been completed and put into operation. Acceptance and transfer certificates for the apartment have been received. Problem: the developer does not register the house with the cadastral register - accordingly, shareholders cannot obtain ownership rights. There are practically no levers of influence on the developer; the prospects for registering the house with the cadastral register are very vague.

Question: is it possible to obtain ownership rights in court in this situation? Are there any alternative ways to solve the problem bypassing the developer?

Thank you very much in advance for your feedback.

Regards, Mikhail

From January 1, 2020, registering a new building with cadastral registration is not the responsibility of the developer at all.

The entire new building, together with all apartments, must be registered by the state or municipal executive authority responsible for issuing a construction permit and permission to put the house into operation.

The developer has the right to do this himself only if those who should have done it did nothing. But the developer is not obliged.

Therefore, it is necessary to demand the cadastral registration of the house not from the developer, but from the authorities.

This can be done in different ways.

Start with a letter. Write a letter addressed to the official who signed the permit to put the residential building into operation. In the letter, please include all your contact information: full name, telephone number, email.

Explain the situation in your own words, indicate the address of the problem house and the number of the commissioning certificate, refer to paragraph 1 of Article 19 of the Federal Law “On State Registration of Real Estate”, according to which it is the addressee of your letter who must register the house with cadastral registration.

Demand that the house be registered immediately. Indicate that liability is provided for inaction under paragraph 4 of the same article of the law.

Take the letter personally to the office: there you will receive an incoming number and the signature of the responsible person. You can also send it by registered certified mail with a description of the attachment.

If officials write to you that they cannot submit an application to register the house because there are not enough documents - for example, a technical passport or a boundary plan - then you have two options for further actions.

You can complain to the prosecutor's office about the inaction of officials and violation of the law when putting the house into operation. At the same time, you can complain against the developer if he has not submitted the necessary documents, but this is only if his company is still alive and has not been liquidated.

The form for contacting the prosecutor's office is the same as for contacting officials, but in addition, in the complaint describing the situation, I recommend indicating that you have already contacted the officials. Write the incoming number of your request and attach a copy of the letter.

Add what happened with the last request: that you never received an answer or that officials did not take any action.

At the end, you can add the phrase: “I ask you to take prosecutorial response measures” - this is the official wording for such a complaint.

The response time to a request to the prosecutor's office is also 30 days.

You can try to write through the electronic reception - it is usually available on the websites of regional prosecutors' offices. But then the reception staff will take quite a long time to transfer the appeal to the prosecutor’s office at your place of residence, and attaching documents there is problematic. It's better to take it in person.

If somehow it turned out that the developer handed over the house, did not provide the necessary documents for cadastral registration to the executive authorities, disappeared, and the officials shrugged, there are two options left: to collect the missing documents themselves or to seek a solution to the issue through the court.

If there is no document, you can make it yourself. We will have to gather the residents, hold a general meeting, and make a decision on the preparation of the missing documents. Most likely, you need either a technical passport or a boundary plan.

To survey the land plot and clarify the boundaries, an application from one of the owners will be required. You will need to contact special organizations involved in land surveying. Prices vary by region. It is unlikely that a house boundary plan will cost less than 30 thousand rubles. If you divide the cost among all residents of the house, then it is not so much.

You can order all these documents and submit them to the city authorities for cadastral registration. You will not be able to independently apply for cadastral registration of a residential building, because you have not yet received ownership rights.

In theory, you can then try to recover these expenses in court from the executive authorities that issued permission to put into operation a residential building without the required documents. But there is no practice on this issue yet. If you manage to pull this off, write to us.

It is impossible to demand in court that an apartment be registered separately from the house. The court cannot make such a decision, because a court decision cannot replace legally significant documents. To account for an apartment, you need a house account and a technical plan. The technical plan will not replace the court decision.

But in court you can demand that the authorities fulfill their duties in registering the house.

The court's decision depends on the specific situation: what is the status of the developer, for what reasons do the authorities not register the house, and so on.

To go to court, you will need a lawyer who specializes in such cases. There are few such cases; in judicial practice I could not find a single solution for a similar situation for a new building.

Sometimes you can come across the opinion that if an equity participation agreement was signed before January 1, 2020 and the agreement states that the developer undertakes to register the house on his own and produce cadastral passports for the apartments, then you can try to force him to fulfill the agreement in court. The law in this case should not have retroactive effect. But I doubt the prospects of such a claim. And even if the court takes your side, it is not a fact that its decision will be implemented.

For the court, of course, it is worth engaging a professional lawyer. For correspondence at the first stage of negotiations and for a complaint to the prosecutor's office, you can do it yourself.

If you have a question about investments, personal finance or family budget, write to us. We will answer the most interesting questions in the magazine.

Source: https://journal.tinkoff.ru/ask/kto-stavit-dom-na-uchet/

Why an Apartment May Not Be Cadastrally Registered - A Lawyer Will Tell You

What is it—registration of an apartment for cadastral registration? The procedure involves obtaining a whole package of documents, including a cadastral passport and plan.

At the same time, all information about the owner and characteristics of a specific property are entered into a single all-Russian database.

And this fact is a guarantee of the subsequent security of the owner’s rights to the apartment, as well as the basis for further taxation.

1. Why is it necessary to register an apartment for cadastral registration 2. Documents for cadastral registration of an apartment 3. Additional nuances 4. Probability of refusal

If the apartment is not registered in the cadastral register, what should you do?

Yes, you can. To check via the Internet, you need to go to the official portal of Rosreestr and select “Reference information on real estate online” .

All information about real estate is contained in the state cadastre, where it is assigned a unique number . To find out whether information about real estate is included in the cadastre, you need to contact Rosreestr.

An apartment building is not included in the cadastral register, what to do?

This procedure is called upon to be carried out by cadastral engineers listed on the official website of the department. Property verification is carried out on a paid basis, since engineers are not civil servants, but only have the right to carry out the procedure due to their acquired qualifications.

Registration itself does not require financial costs. The territorial departments of Rosreestr deal with issues of paperwork. You can submit the collected documents in three ways. For this purpose, branches have been created on the Internet. You can also send papers via mail.

You must personally bring the prepared package to the following government offices:

A document confirming a person’s identity - a passport;
Application forms can be downloaded from the Internet or taken from the authority where registration is carried out;
In 2020, certificates of state registration of property rights were canceled, so only an extract from the state register will be required;
Technical passport of the house;
In order to remove the premises from the register, a special commission conducts a survey of the property and draws up an act in the established form. It will have to be submitted to the Rosreestr authority.

The apartment is not registered in the cadastral register

The apartment is not registered in the cadastral register; we made a request and received a response. There is a purchase and sale agreement for the apartment from 1992, there is a BTI technical passport from 1993, the contract bears the BTI stamp, but there is a difference in sq. m. There are less meters in the contract, more in those passports. What should I do?

you need to make a request to the cadastral chamber for a cadastral passport. They will answer that the property is not registered in the cadastral register. With this answer you need to go to the BTI. if the apartment was previously taken into account, they will prepare technical support for you.

plan with information that the object was previously taken into account. According to the technical plan, you will register it with the cadastral register (free of charge).

Just first contact the BTI to clarify all the data and talk to them, as a result of which there could be a change in area - they may be required to justify the difference

How to register an apartment in the cadastral register in 2020 - stages and cost of registration

First of all, you need to make sure whether your apartment is already registered in the cadastral register. Such data can be found on the official website of Rosreestr. If your apartment is already registered, all you have to do is go to the local cadastral office and provide three documents:

Once you have provided all the necessary documents, you can receive a passport. But here you may stumble upon a pitfall - any discrepancy in the technical passport of the apartment or data about its condition may force you to issue a cadastral passport again.

Stage 1. The apartment owner must prepare documents. The main one is a document of title, which is a privatization act, a gift or sale agreement, or a certificate of inheritance. Art. 18 Federal Law No. 218 defines the exact list of possible documents.

Registration of an apartment in the cadastral register fixes ownership. If the procedure is not completed, it is impossible to fully dispose of the property - sell, transfer by inheritance or inheritance agreement.

Registration is also important for reflecting the value of the object and regulating taxation.

What information can be reflected in a cadastral passport Sample of a cadastral passport for an apartment (click to enlarge) A cadastral passport for an apartment differs in its technical characteristics, for example, from a cadastral passport for a land plot.

In this article we will answer the following questions: what is a cadastral passport and what actions must be taken to obtain it? What information about the apartment will subsequently be reflected in it? Which authority should I contact to obtain it? and what is the cost of the procedure? Read on.

What to do if the apartment is not registered in the cadastral register - What to do if the apartment is not registered in the cadastral register - The house is registered in the cadastral register - what next

Source: https://lawcapital.ru/razvod-pri-beremennosti/esli-kvartira-ne-stoit-na-kadastrovom-uchete-chto-delat

Rules for the privatization of a municipal apartment

A certificate confirming the applicant’s non-participation in the free privatization program can be obtained from the territorial division of the BTI. Extracts from house books are prepared by the management company, since the law obliges house management organizations to keep records of all residents in their building. Usually it takes no more than 5 days to issue an extract. There, at the management company, you can also order an extract from your personal account. In addition, this service is available at the MFC.

go to the Rosreestr website using this link;
Enter the address of the apartment and click on the “Formulate a request” button. For clarity, we have prepared examples of entering apartment addresses: No. 1, No. 2, No. 3, No. 4. Don't forget to enter the body if you have one;
if the message “No data was found that satisfies your request” is displayed at the bottom. Try changing the request,” then the apartment most likely is not registered in the cadastral register, because its data is not in the State Property Committee of Rosreestr. If the address of the apartment and the cadastral number are shown, then it is registered in the cadastral register. You can then immediately move on to stage No. 2.

What to do if the apartment is not registered in the cadastral register

carries out state technical registration and inventory of real estate);

a copy of the apartment owner's passport;
a corresponding application for registering your apartment with the cadastral register;
any document that can confirm the fact that you are the owner of the apartment. Such a document could be a purchase and sale agreement;
receipt of payment of state duty.

Is the apartment registered in the cadastral register? how to find out via the Internet and what to do if it’s not worth it? (2019)

Preparation of necessary documents:
The act of acceptance and transfer of the apartment (transfer act).
To obtain a transfer deed, you must contact the construction company and inform them of your intention to receive it. Then, at the appointed time, you inspect the apartment you are purchasing with a representative of the construction company. If you are satisfied with everything, sign the Transfer and Acceptance Certificate with the developer and receive the keys to the apartment.

Permission from the guardianship and trusteeship authorities if one of the owners of the apartment is a minor.

Here, registering an apartment separately from the house on the cadastral register has always been a big problem, and shareholders trying to carry out this procedure have always encountered powerful opposition from officials for no reason or reason. However, the reasons for suspensions and refusals are usually quite far-fetched and can be appealed administratively without any problems.

Is the developer obliged to register apartments in the cadastral register?

If your contract contains such a clause as the developer submitting cadastral documents and carrying out registration, then you should not accept the apartment without such documents.

When it comes to shared construction, future owners try to monitor the fate of the building and strive to take ownership of the property as soon as possible. This is where the main mistake is sometimes made.

The fact is that by signing the property acceptance certificate immediately after the building is put into operation, the shareholder automatically becomes the owner, and if a separate apartment has not been registered in the cadastre, then all the troubles fall on the shoulders of the new owners.

If you accepted an apartment from a developer, but you did not find an extract from the cadastral register in the documents, then, most likely, you will have to register the property and enter it into the register yourself . Today, registration can be carried out quickly and without unnecessary hassle by submitting a package of documents to the MFC.

Here, employees will advise you on the data available in the register. If the apartment building is included in the register, then you will be asked to request an extract, but if not, then you will have to call a BTI inspector, who will take measurements, draw up a technical description of the residential premises and present it to you.

After this, you will be able to register the apartment in the cadastral register.

We recommend reading: Rental agreement for premises with an individual

How to find out if an apartment is registered in the cadastral register

In order to see whether the apartment is registered in the cadastral register, you need to make an official request, which can be done with the help of a cadastral engineer.

It is with its help that you can check the cadastral registration of the apartment by receiving a cadastral extract.

If your apartment is not registered in the cadastral register, the cadastral engineer must issue you a certificate stating that such property is not listed in the cadastral register.

If you have received a notification from a cadastral engineer that your apartment or other real estate is not registered in the Cadastre, and also if you are planning to build new land plots or other structures, then in this case you can contact the following two authorities:

How to View the Worth of an Apartment on Cadastral Registration in the Moscow Region

How to find out if an apartment is registered in the cadastral register? How to check via the Internet? And what to do if it’s not worth it?

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Cadastral registration of real estate objects online: how to find out if a house is registered via the Internet? See Tweets about #cadastral on . See what people are saying and join the conversation.. How to find out whether an apartment or house is registered in the cadastral register?

Review of the cadastral passport for the apartment (not issued from January 1, 2019)

In 90% of cases, the paper cadastral passport of the apartment consisted of 2 sections (KP.1 and KP.2) with a drawing of the apartment. In 10% of cases there was only one section of KP.1 without a drawing of KP.2. This depended on the amount of information about the apartment in the State Property Committee and on the cadastral engineers, whether they included a drawing (plan) of the property and other information in the cadastral registration.

In 90% of cases, the electronic cadastral passport of the apartment had only section KP.1 . Often there was no section KP.2 with drawing plans.

Also, along with the passport, an electronic digital signature of the Rosreestr registrar (EDS) was provided.

In the paper version there was a blue seal and hand-painted by the registrar, and in the electronic version this was this digital signature, which could be identified by the court, bank or other authority that requested the passport.

Do you need a cadastral passport for a real estate transaction in 2019?

It turns out that the apartment is not listed in the Cadastral Register. The BTI of Priozersk says that an inventory of the apartment was not carried out and there is no information on it even in the general case, since measurements of the entire house were not made.

Now our apartment cannot be registered, because the house itself is not registered. What is legislation? The BTI does not give anything, not technical plans for the apartment. Although, according to the idea, in 1994 they should have made TEP for an apartment.

Where should we go?

Rosreestr has not issued a cadastral passport since 01/01/2019. How to get an apartment plan from the cadastre is a question, because... An outdated plan of the entire floor is attached in the extract. Changes that were made later by the Rosregistry “somewhere to do”. What to do if the area of the apartment in the Unified State Register is less than the area in the certificates is not clear. The deal falls through.

How can you find out whether a specific apartment is registered in the cadastral register?

To find out whether a house is registered in the cadastral register online, on the same Rosreestr website, in the side menu, select the “Public cadastral map” section. There, directly on the map or using various search options, you should find the address of the house or plot and clarify all the necessary data.

The presence of an apartment in the cadastral register is required upon receipt of documents certifying ownership of the apartment or its share, as well as upon transfer of this right. In simple words, when donating, selling or exchanging real estate.

In most cases, obtaining a cadastral passport as such is not required; registration is sufficient.

However, if the apartment is purchased with a mortgage, or one of the owners of the property being sold is under 18 years of age, then this document may be required by the bank or guardianship authorities, respectively.

We carry out removal and cadastral registration of apartments

Collect both personal documents and proof of ownership;
Find specialist engineers who will take on the task of drawing up a technical plan for the home;
On its basis, issue a technical passport of the object;
Draw up an application for entering information about the apartment into the Cadastre;
Submit all certificates and extracts to the registration department.

To save yourself from days of standing in queues and legal difficulties with the preparation of cadastral documents, transfer this issue to our specialists. For many years, the PRAVOZEM agency has been dealing not only with issues of issuing cadastral passports for residential properties, but also with the implementation of all related activities.

Source: https://exjurist.ru/biznes/chto-delat-esli-kvartira-ne-stoit-na-kadastrovom-uchete

Is official privatization of the apartment necessary?

If the apartment is part of an unfinished residential complex, then you need to conclude an agreement on shared participation, which is noted in advance in Rosreestr. The owner will receive full rights after construction is completed and the deed is signed. After this, you need to visit the State Bureau of Investigation with this document for registration.

January 2020 brought changes that affected property taxation of individuals. Article 32 of the Tax Code of the Russian Federation establishes a new procedure for calculating taxes on residential space.

30 Jun 2020 hiurist 224

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