In what cases are changes not made to the cadastral passport when redeveloping non-residential premises?

All articles

21625

2020-03-13

Errors, typos, and inaccuracies found in the extract from the Unified State Register of Real Estate require correction. The material presented will tell you how to make changes to the Unified State Register, where to apply, when you can get a new statement and how much it will cost.

In what cases is it necessary to enter information into the Unified State Register of Real Estate?

Any residential property must be registered and undergo state registration. After registration, the information is stored in the database of the Federal Service for State Registration, Cadastre and Cartography. Making changes to the USRN data indicates that the previous information is no longer relevant.

Correction of information depends on who is the owner - an individual or a legal entity.

In what cases is it necessary to make changes to the Unified State Register if the owner is an individual (grounds for making changes to the Unified State Register):

1. After planning, changes to the Unified State Register are inevitable.
2. Construction. The subject owns the land plot and plans to build a structure on it.
3. Purchase and sale, donation, transfer of residential property for rent.
4. New data. The owner received a new passport and changed his last name.
5. Errors. During the documentation check, errors and inaccurate data were found.
6. Pledge or encumbrance.

When changing the type of real estate, liquidation and other circumstances, you need to contact Rosreestr to make changes to the Unified State Register.

Information about an object owned by an organization remains relevant until amendments are made.

Making changes to the Unified State Register for legal entities is appropriate in the following situations:

1. New address. The company is registered at a new address.
2. New name.
3. Change in area - increase or decrease in square meters legally assigned to the organization.
4. Change of location - another city.

If a legal entity acquires the right to a different type of real estate, data adjustment is required. For example, receiving an object by inheritance, removing encumbrances.

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.

We recommend reading: Long-term use equipment, service life according to social security standards

The list is approximate; it can and will be expanded on an individual basis. So, for example, if the premises are subleased and the redevelopment is not legitimized by the owner, the subtenant’s documents and a power of attorney will be required confirming the latter’s rights to such manipulations. In general, obtaining a registration certificate in such conditions is a very complex process that takes a lot of time and nerves.

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

There are several ways to make changes to the Unified State Register. The introduction of amendments is the initiative of the owner. An authorized person (if there is a notarized power of attorney) or representatives of the State Register can act on his behalf. Other persons cannot participate in the process (without legal grounds).

Changes to the Unified State Register of Real Estate by area of ​​the object are made in the following ways:

1. Written appeal (initiator is the owner of the property).
2. Appeal from the registration authority (representatives of Rosreestr inform the owner of the plot or real estate in writing about the need to update the data).
3. By decision of the court (judicial disputes).

If errors are found in the cadastre, they can be corrected in court. After receiving the decision, the subject contacts the registration authority with a request to change the information.

Attention! Before writing an appeal (application), you should order an extract from the Unified State Register (a new one as of the date of application, but no later than 7 days later).

Cadastral passport

Real estate transactions often require specific knowledge and skills. Since such transactions are registered in a justice institution, it is necessary, in particular, to know which set of documents to provide to the government agency. By entrusting transaction support to us, the client receives the following benefits:

• Providing . Our specialists will help you obtain a cadastral passport for a property, draw up the necessary contracts, fill out all applications correctly and promptly submit them to the registration authority.
• Having experience. We have been working in the market for a long time, so we have the opportunity to solve even the most complex problems.
• Favorable working conditions. We have a flexible approach to setting prices and payment methods for our services, which allows our clients to choose the most comfortable terms of cooperation for both parties.

Where changes are made to the Unified State Register of Real Estate

Where are changes made to the Unified State Register? Subjects can contact the following authorities:

1. Federal Service for State Registration, Cadastre and Cartography.
2. Multifunctional center (MFC).
3. Court (if the authorities are higher, they refused)

If representatives of the State Register do not want to register adjustments or make changes to the area in the Unified State Register, the subject has the right to go to court, having the decision of the authority in hand to re-apply to the above-mentioned bodies.

How to make changes to the Unified State Register of Real Estate - step-by-step instructions

How to make changes to the Unified State Register of Real Estate - step-by-step instructions will help with this. Often the owners of square meters and land plots turn to the MFC, the Federal Service for State Registration, Cadastre and Cartography, and rarely to the State Services.

To make changes to the address in the Unified State Register or other data, you need to follow the algorithm of actions. To make changes to the Unified State Register of Real Estate after reorganization, redevelopment, or the appearance of current data, you need:

1. Collect and prepare documentation.
2. Get an extract from the Unified State Register of Real Estate (electronic)
3. Fill out an application. The registration authority has a sample, follow it; other forms of application are not accepted.
4. Pay the state fee. The amount of the mandatory fee depends on the method of submitting the package of documents, on who does it - an individual or a legal entity.
5. Contacting the selected government agency.

The application must include the date the form was filled out, information about the applicant, address information, including postal code, contact information, for example, telephone number. Write down the list of documents attached to the application, fill out the block on approval of the plan map.

Important! In the form, the method for obtaining an answer is highlighted in a separate block. Highlight the appropriate option by providing additional information, such as your email address.

The package of documents for each subject may consist of different certificates/papers - it depends on the situation. A registration authority consultant will help you reduce time and prepare the necessary documentation.

How long is a cadastral passport for a land plot valid?

Sections B3 and B4 provide information about parts of the site and the encumbrances imposed on them, as well as the right to use parts by third parties (if, for example, power lines run through the site and electricians have the right to unhindered access to them). The land for rent, seized or confiscated fragments of the site are also indicated. Part B3 is textual, B4 is graphic. If there are no encumbrances on the land, then these sheets will be missing.

We recommend reading: Period for Filing a Declaration to Receive a Tax Deduction

The legislation does not establish a specific validity period for the cadastral passport. It is believed that it is valid indefinitely. However, if some territorial changes have occurred on the site or if the owner has changed, then changes must be made to the document. In some cases, when transferring ownership rights, banks require “fresh” passports - that is, documents no older than 5 years. This requirement may be due to caution on the part of bank employees. However, the Registration Chamber will not require a new passport if all the data specified in it is still relevant to this day.

List of documents that are the basis for entering information into the Unified State Register of Real Estate

The list of documents that serve as the basis for entering information into the Unified State Register is regulated by law. To obtain a complete list, please contact the consultants of the selected government agency for assistance.

Before you start collecting/preparing documentation, you need to determine what changes they concern.

The main documents for making changes to the Unified State Register include:

1. Applicant's passport.
2. Appeal.
3. Payment of state duty.
4. Documents for a residential property (technical passport, house plan, cadastral plan, etc.).
5. Certificate from USRN.

If the owner of a residential property acts as the applicant, there is no need to notarize the papers. If a trusted person applies on behalf of the owner of the square meters, the certificates are notarized.

The appeal must be submitted only in writing, according to the form established by law. After paying the obligatory dispute, a receipt is attached to the general package.

If there is a court decision, attach it to the general package. Also attach the lease/rental agreement, if you have one.

To correct the data, you need to provide information about what has changed, on what basis the changes occurred, and the changes were adopted.

Once documents with corrections are received, the material will be displayed in digital and paper form.

Cost of cadastral passport

Receipt time: from 9 days.

It is necessary to distinguish between two services. Obtaining an extract from the Cadastral Chamber and producing a cadastral passport. In the first case, all the information about the premises or land plot is already available, so this service is not expensive - it is enough to pay the state fee and the services of a representative who will directly fill out the application and stand in line.

The production of a document requires not only payment of the state duty, but also the services of qualified specialists - cadastral engineers, who will go to the site, take the necessary measurements and prepare a document on the basis of which it will be possible to subsequently register the property with a government agency. Thus, this service will be slightly more expensive compared to receiving an extract.

How much does it cost to enter information into the Unified State Register of Real Estate?

How much it costs to enter information into the Unified State Register of Real Estate is determined by law. The cost depends on a number of factors: what changes need to be made and what they concern, who acts as an applicant - a private or legal entity.

If the application came from an individual, correcting the data will cost 300-400 rubles.

If the application is submitted by a legal entity, you will have to pay 1,000 rubles to obtain a new certificate.

Attention! An integral document is an extract from the Unified State Register , it does not have to be ordered from the MFC in paper form and wait 5 working days, you can buy it on our website in electronic form in 10 minutes (signed with an electronic digital signature by an employee of Rosreestr)

What is the state duty for a cadastral passport of a land plot?

In addition, it is practiced to send a cadastral document in electronic form (Article 23 of Federal Law-221). It is important to remember that the cadastral department can issue a reasoned refusal to register and issue a passport if the boundaries of a given land plot are not specified or overlap with neighboring plots.

1. Sale of land or private house located on the site.
2. Registration of ownership rights to land plot.
3. Donations by agreement, transfer by inheritance or exchange of land (agreement).
4. Construction of a residential building or commercial structure on land.
5. Transfer of land as collateral or insurance.
6. Resolution of legal disputes regarding land ownership.
7. Drawing up a contract for renting a plot.
8. Contribution of land as a contribution to the authorized capital of any company.

We recommend reading: Inventory value of an apartment, cadastral value