Procedure for Making Changes to the Registration Certificate of a Building Regarding a Change of Address

Technical passport for non-residential premises

The law establishes that each premises must be registered with the local BTI. For this purpose, an application is submitted and a special technician is invited. It records all the data on the premises, this data is subsequently used as the basis of the technical passport. It sounds simple, but in reality it looks problematic. Almost every owner rebuilds his premises, adjusting them to his needs. At the same time, half of the owners and tenants do not think that this redevelopment will then have to be legalized and it is not a fact that this will be possible at all. Compliance with the original technical plan is the main part of the technical passport. If even one partition or opening is not where it is marked and you have not submitted an application to clarify your data, then you will face a lawsuit. Only the court will be able to remove the self-building, which the technician will inevitably put up if any, even minor, redevelopment is discovered. You need to know that the law has become stricter and now even the elimination of storage rooms is considered a refurbishment that needs to be legalized.

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About deadlines

Usually the document is prepared within two weeks. However, there may be delays. This happens, for example, when an incomplete package of papers is provided. Therefore, if a technical passport for a non-residential premises is required immediately, then it is better to order urgent production. But of course, you will have to pay an additional amount.

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But as for its validity period, this is not provided for by law. Therefore, it is considered valid until any changes are made. Then the previous option ceases to be valid and you must contact the authorized body to obtain a new document.

At the same time, there is a need to conduct an inventory every five years. And based on the results, they receive a new sample of the technical passport. But in practice this is rarely done. The main thing to consider is to notify and obtain permission that there is an intention to carry out redevelopment work. Otherwise, when a violation is discovered, you will have to pay a fine.

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Making changes to the technical passport

Currently, the form of the technical plan and the requirements for its preparation for different types of real estate have been approved. So, in accordance with these requirements, the annex to the technical plan must contain either a technical passport for this object, or a declaration of the copyright holder, which, in particular, must indicate information about title documents, which again may not exist. While OTIs issue technical passports, this problem is being solved, although it is not at all clear what to do if the preparation of technical passports stops (after all, now it is not mandatory). However, even now the Cadastral Chamber, in addition to the technical passport, in my opinion, does not legitimately require the attachment of a declaration containing information about the title document, thus depriving the non-owner of the opportunity to register the object with the cadastral register.

What papers are needed?

Among the documents that must be submitted to the authorized body are the following:

• identification;
• title paper on ownership of non-residential objects;
• transfer act.

Depending on the reason for which a technical passport for the premises was required, other papers may be required. So, for example, when the premises are rented out and the procedure is carried out by the tenant, an agreement is required confirming his rights. In addition, the owner must provide information about communications.

The procedure for making changes to the cadastral passport of non-residential premises

Any interested and authorized person had the opportunity to make changes to the cadastral passport of non-residential premises before changes were made to the regulatory legislation, which came into force in 2020. As a result of these innovations, cadastral passports are no longer used, but, nevertheless, the law provides for documents that perform a legal function identical to them, as well as procedures for amending the relevant documents.

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Procedure for obtaining a technical passport

To obtain technical passports, the owner needs to prepare a package of documents, and copies of the documents are submitted to Rosreestr, and the originals remain with the owner of the building.

Required documents

The list of required documentation includes:

1. Passport (copy).
2. Documents confirming ownership of non-residential premises.
3. Completed application for issuance of a technical passport.
4. Confirming document confirming payment of the mandatory state duty.
5. Conclusion on the condition of the building from regulatory organizations (fire inspection, SES, gas service, etc.)

The prepared package of documents is submitted to (BTI) Rosreestr with mandatory certification of each page directly upon transfer to specialists of the receiving organization. Documents can be submitted to Rosreestr directly by the owner of the building or by a person who has a power of attorney issued in accordance with the law. To prepare documentation, specialized law firms with extensive experience in preparing such documentation are often involved, which can significantly reduce the time required for registration of a building.

After receiving the documentation, Rosreestr specialists must issue a registration certificate for the non-residential premises within 14 days (from the date of receipt).

Timing and cost

The cost of obtaining a technical passport depends on a number of factors:

• prices used by the organization conducting inventory and issuing passports;
• building area;
• number of storeys, number of premises;
• year of construction.

According to current legislation, the validity period of the technical passport is not limited, but it is recommended to periodically conduct an inventory once every 5 years, recording all changes made during operation.

It is mandatory to replace the technical passport after a major overhaul.

The entire scope of work must be completed within 14 days, but due to inaccuracies and changes it can be extended to 1-1.5 months.

Validity

A technical passport for non-residential premises is issued without a time limit. Each building must have a technical passport, which, if necessary, is reported in a timely manner and reissued.

The presence of a technical passport allows the conclusion of contracts with verification of the authenticity of the specified data. All changes made by the owner during the operation of the building are reflected in detail in this document. If the documentation is completed correctly, all the data included in the passport allows you to calculate the cost of certain types of work and the availability of the necessary equipment used for the proper operation of the premises.

Technical passport for non-residential premises

1. It is necessary to contact the BTI and PIB authorities. They provide services for a fee. It is important to know that only property owners and tenants can obtain this document.
2. Provide the authorities with the documents required by law.
3. Fill out an application. It must contain the purpose of obtaining a registration certificate. If you need a duplicate or the technical passport is simply lost, then you need to fill out an application in form number 3 without calling a technician. But when the planning has been done or the technical passport is obtained for the first time, then form number 4 is filled out with the obligatory call of a technician.
4. Pay the state duty established in your region.
5. The employee will check your documents, he will set a date for receiving the technical passport and, if necessary, a date for calling a technician to the apartment. You must obtain a receipt from the employee. It confirms acceptance of your documents. To receive a technical passport on the appointed day, it must be presented at the window along with your passport.

Redevelopment and reconstruction of residential premises

• Currently in Art. 7.21 of the Code of Administrative Offenses of the Russian Federation establishes liability for violation of the rules for the use of residential premises, which can be expressed, in particular, in unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises (Part 1 of Article 7.21 1000 - 1500 FINE) or unauthorized redevelopment of residential premises in apartment buildings (Part 2 of Article 7.21 2000 - 2500 FINE).
• It should be noted that actions for unauthorized conversion and redevelopment of residential and non-residential premises can be qualified by law enforcement authorities not only under this article, but also under Art. 19.1 Code of Administrative Offenses of the Russian Federation as arbitrariness.
• The owner of a residential premises that has been unauthorizedly rearranged and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.

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Currently, the application form approved by Decree of the Government of the Russian Federation of April 28, 2005 N 266 “On approval of the application form for the reconstruction and (or) redevelopment of residential premises and the form of the document confirming the decision to approve the reconstruction and (or) redevelopment of residential premises” is used.

How to register a redevelopment in BTI

1. First, you will need to contact the BTI to obtain a floor plan and certificates in forms 1-A and 5.
2. Then, with the prepared documents, you need to go to a specialized office to draw up a project.
3. Next, you will need to draw up an appeal to local government bodies (Housing Inspectorate).
4. You will need to hire a repair crew to carry out the work.
5. After completion of the redevelopment work, acceptance is carried out. A citizen should contact the BTI and order a specialist to visit the site. A competent employee will inspect the premises and also take measurements necessary to make adjustments to the plan.
6. You will need to contact the SES and fire supervision. Authorized employees will assess the premises' compliance with all established standards.
7. You need to contact the BTI and order the production of a new registration certificate there.
8. In the event that the area of ​​the object has changed after the work has been carried out, a new title document will need to be drawn up.

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Many citizens of our country carry out redevelopment in order to improve the appearance of their residential premises. However, this type of transformation of real estate differs from reconstruction. The latter concept includes the replacement of utilities, as well as plumbing equipment.

How to get a cadastral passport for a house

The legal owner operates according to the same scheme, but the services for the organization are higher and amount to 600 rubles. In addition, you will need to present a power of attorney for the legal representative. If a building or structure is transferred from residential to non-residential, then the registrar will need to present an act of approval with the administration and regulatory authorities.

You can use the services of a public cadastral map on the Internet. The resource allows you, by entering the address or full name of the owner, to receive an extract and visual location of the house on an area map, linked to a coordinate system and nearby objects.

How to update technical passport data - MKD

Cadastral registration of a real estate property is carried out according to the rules of Federal Law dated July 24, 2007 N 221-FZ and Federal Law dated July 13, 2020 N 218-FZ. Cadastral work can be carried out by cadastral engineers and state technical accounting or technical inventory organizations that had the appropriate rights on December 31, 2012.

Get a copy of the MKD technical passport

The first step you have to take is to obtain a copy of the MKD technical passport. To do this, contact the executive authorities of the constituent entity of the Russian Federation or the organization that has entered into an agreement with the executive authority of the constituent entity of the Russian Federation for the storage of technical passports, assessment and other documentation:

• registration books,
• registers,
• copies of title documents.

• application for production (written on the spot or send an application online);
• identification document;
• receipt for payment of services;
• certificate of ownership of the property;
• For privatized premises, certificate No. 7 from the passport office is required.

The technical passport of a real estate property displays the necessary information about the characteristics of the premises and buildings. Many organizations, when conducting transactions, may require a technical passport for inspection, carrying out examinations for repairs or assessing real estate for sale.

Reason for changes

When constructing a real estate property, the final stage is conducting an inventory. The result of a technical inventory is the production of a technical passport, which displays all reference and informational information about the property.

It is worth understanding that despite the apparent identity of these documents, the law requires the owner to have these 2 documents. They not only differ in content, but also serve different purposes.

The law does not provide for time restrictions on these documents, but even less, the registration certificate has to be changed. But this has nothing to do with the validity period of the documentation, but is determined by the time frame during which the cadastral passport will be relevant. After five years, after registering the property with Rosreestr, the technical plan and passport for the building will have to be changed.

Technical plan and technical passport - what is the difference?

In addition to technical specifications, this document contains a schematic representation of the premises. At the initial stage, all parameters are marked with black lines; if a major overhaul with changes in parameters is carried out during operation, they will be displayed in the drawing with red lines. All changes must be agreed upon and signed by a representative of the competent government agency.

1. Sample application. The form itself can be obtained from the cadastral registry office, or it can be printed from the website and viewed on the Rosreestr portal. The application contains a separate line indicating the applicant’s contacts - this is done for effective feedback;
2. Passport. A copy of the passport is submitted, if the copy is submitted by a representative with the assurance of the owner, then an addition is required in the form of a notarized power of attorney;
3. Confirmation of ownership of the object. As a rule, such a document is a certificate of ownership, a real estate purchase agreement, or a technical passport. Original documents are provided against a receipt with a stamp, then returned, and copies are destroyed after use.
4. Documents confirming the technical parameters of the changes. Precisely the parameters, but the actual change. For example, if a load-bearing wall breaks, then the parameters of walls, ceilings, etc. are indicated.

1. Technical parameters that are considered to be basic, that is, height, width, area, supporting structures, windows, etc.;
2. Legal or descriptive address where the property is located;
3. Amount of cadastral valuation;
4. Functional purpose of the area;
5. Object name;
6. Percentage balance of preparation of unfinished object.

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Deadlines

• registration documents were submitted by a person who does not have the right to do so. Let's say a person who has not received the owner's power of attorney;
• An incomplete list of documents has been provided or there are inaccuracies in the documentation that negatively affect the display of all parameters of changes;
• the changes violated the law. In this case, all paperwork moves to other authorities.

1. If the apartment was received under a lease agreement with the municipality, the tenant submits an account number to the HOA or housing and communal services as evidence of the right to use.
2. When registering the right of inheritance, you will need to attach a document confirming the death of the owner who transferred the property, as well as identification cards of all heirs. The main evidence in this case is a document on the right of inheritance; you will also need a certificate from a notary about the beginning of registration of the inheritance.
3. When carrying out privatization, you need to order a technical passport of form 7. It contains the technical parameters of this apartment and the entire residential building. To do this, you need to submit a document according to which the citizen has the right to take ownership of the apartment.
4. As for redevelopment, the set of documents changes depending on whether it has already been carried out (with permission or without permission), or whether the applicant just wants to get approval to carry out the work.
5. If, instead of the owner of the apartment, a trusted person requests a registration certificate, he will need to provide the passport of the owner himself and a power of attorney (necessarily certified by a notary).

How to make changes to the cadastre

1. To begin actions to update the cadastral record, a basis must exist. So, if the object of the cadastre is a land plot, updating information on it is possible if the following changes:

Procedure

5. The application and the documents required for changes are submitted directly to the Cadastral Bureau or the MFC. After 18-21 days, the owner is given a new cadastral document.

We will tell you how the management organization can update the technical passport data. Is it enough to independently measure the area and draw up a survey report or is it necessary to involve a specialized organization and what document is used to make such changes.

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Most apartment layouts are far from ideal. There are two terms: reconstruction and redevelopment. Reconstruction - transfer and replacement of utility networks, sanitary, technical, electrical or other equipment. Redevelopment - changing the configuration of a room.

Based on the results of the project, you will be given a decision to refuse or approval of redevelopment. If the decision is positive, you need to submit an application for acceptance of the redevelopment; if the work performed does not correspond to the declared work, such work will be considered unauthorized; if the premises are not returned to their original condition within a reasonable time, the court may recognize the redevelopment as either legal or not. If the court finds the redevelopment illegal, it may decide to sell the premises at public auction.

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Supreme Court - Russian Federation on - redevelopment and - reconstruction of premises in - MKD

Judicial practice allows the legalization of such work after it has been carried out. The court must establish that changes in the premises do not violate the rights of other residents of the apartment building and do not create a threat to their life and health (Part 4 of Article 29 of the Housing Code of the Russian Federation). Otherwise, the owner of the premises is obliged to return the premises to its previous condition in accordance with the technical documentation (Part 3 of Article 29 of the Housing Code of the Russian Federation).

The Supreme Court of the Russian Federation, where the municipality filed a cassation appeal, did not agree with the conclusions of the first two courts. The RF Supreme Court noted that the extension was erected on a land plot that is part of the common property of the apartment building. It is a room with a separate entrance made of a monolithic reinforced concrete foundation with brick external walls and roof. This construction changed the area of ​​the apartment, and also increased the total property of the apartment building due to new enclosing structures.

Commentary to Art. 25 Housing Code of the Russian Federation

But is everything so sad for the management organization, or is it possible to defend the position on the lawful charging of fees based on Rosreestr data?!

Initial data: GZHI issued an order to the MA to recalculate hot water supply for general house needs.

The design of a floor plan is calculated per square meter, the cost of which is set differently in each region. A certificate about the condition of the building costs about 200 rubles. A sheet with an explication (description) of the apartment will cost 180 rubles.

According to the standards of Federal Law-221, this important document is updated annually. Moreover, the procedure has nothing to do with the redevelopment of the apartment and the number of its owners. At the same time, for private houses this document is issued once every 5 years. Find out on our website also how to register a non-residential building or structure and obtain a passport for it.

To draw up a project, you need to contact a design and technical bureau with SRO approval or the BTI. To work, you must provide a technical passport and an extract from the Unified State Register. And also indicate what kind of planning decisions you want to make: a sketch or a design project.

The legislation does not stipulate that every five years the property owner must update this document. The regulatory act, which previously obligated owners to update the registration certificate after a given period, is no longer relevant. But it is still recommended to adhere to this particular period, after which the information that was entered in the registration certificate should be updated.

You can use the services of a public cadastral map on the Internet. The resource allows you, by entering the address or full name of the owner, to receive an extract and visual location of the house on an area map, linked to a coordinate system and nearby objects.

For example, data on the number of storeys, area, amenities, purpose, condition and other characteristics of the house.

From the documents presented by the Company in support of the position taken in the case, it follows that the data contained in them was generated as of a later date than the technical passport of the house.

Within the framework of Art. 29 of the Housing Code of the Russian Federation, on the basis of a court decision, residential premises can be preserved in a rebuilt/redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health.

As a result of the implementation of the cadastral work specified in Part 1 of this article, the preparation of documents is ensured for submission to the rights registration authority in the manner established by Federal Law of July 13, 2020 N 218-FZ “On State Registration of Real Estate”. The volume of cadastral work to be performed is determined by the customer of cadastral work.

It apparently makes no sense to dwell on this procedure in detail, since, judging by the letter, you have the necessary information.

You can find out how to determine whether a property is registered in the Cadastre, as well as how to remove a property from this registration, on our website.

Based on the examinations carried out, the specialist draws up a report, which records all the work performed and their compliance with the received permit.

The technical passport of the residential premises (apartment) is transferred by the management organization to the owner from the moment he acquires the right of ownership of the residential premises (apartment), to the tenant or tenant from the moment he acquires the right to own and (or) use the residential premises.

The required papers for the Housing Inspectorate to obtain permission for redevelopment include:

• technical certificate;
• certificate about the condition of the building in which the apartment is located;
• floor plan.

And this was designed by the author of the house project, but the BTI employees, without visiting the upper floors, reflected everything as they saw it on the first floors. The plan was corrected, but precious time, effort and finances were wasted.

Redevelopment of a premises in an apartment building is a change in its configuration, requiring a change in the technical passport of the premises in an apartment building.

Multifunctional centers also act as intermediaries, accepting documents and applications from all citizens.

After carrying out work in the apartment that is related to redevelopment: demolition of walls, installation of interior partitions, expansion of the bathroom, increase in living space, the technical documentation should be reissued.

The judicial acts cited in support of the position in the case are not accepted, since these judicial acts do not have prejudicial significance for the present dispute.

It acts as a primary document containing information about the results of the inventory, and is necessary when conducting transactions with real estate.

What to do if the redevelopment already exists, but has not yet been legalized. How to coordinate redevelopment if it is only in plans. Two instructions.