How to calculate the difference in footage between the oks and the developer
/ / 04/17/2018 258 Views Otherwise, the citizen is largely deprived of what he had the right to count on when concluding the contract. Thus, the citizen has the right to claim compensation in his favor in the event of a discrepancy between the designed and actual areas, regardless of the terms of the contract concluded with the developer, since the current legislation of the Russian Federation does not provide for the possibility for the latter not to recalculate funds. The plaintiff, in addition to demanding compensation, should also make a demand to invalidate the terms of the contract that recalculation is not made, citing the fact that The law does not provide for the possibility of including such a condition in the contract. A. Info But a few years ago, some developers specified in agreements
Area of the building and premises (living, common, etc.)
Kos|78:12:1328545412 said: Evgeny_123 you cannot understand one thing.
terraces and verandas are structural elements of the building.
There are no such elements in the room. Click to expand. I can not. I really can't. Why is a veranda a large glassed-in room (in the physical sense) from which one door leads into the room, the other to the street is not a room (in the BTI sense), although it is perfectly used for living in the summer.
And this is quite an isolated part, which is used by people living in this part of the building (apartment).
By the way, the cold extension was also not turned on. they were generally classified as “premises for auxiliary use” (the wording from the technical passport). But what happens when these same auxiliary premises do not have an owner? Another room in this house (apartment) has its own verandas. and they are also ownerless? Common shared ownership of the house has been terminated.
What is the OKS technical plan
- for carrying out cadastral registration of newly constructed buildings and structures (residential buildings, non-residential buildings, linear objects, etc.);
- for carrying out cadastral registration of premises (rooms, apartments, garages and other premises);
- to carry out cadastral registration of unfinished construction objects (due to the need for urgent registration of rights to this object);
- to make changes to the information of the real estate cadastre about the registered OKS (after redevelopment, reconstruction, etc.).
According to the amendments made by Federal Law No. 250-FZ of July 23, 2013, from October 1, 2013, technical plans are provided to the cadastral registration authority in the form of an electronic document (on an electronic medium), certified by an enhanced qualified electronic signature of the cadastral engineer who prepared such a plan.
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What is the total area of an apartment building
New service - Online construction calculators Question: Please tell me what is the total area of an apartment building according to legislative and regulatory documents?
And the sum of the areas, what rooms does it include?
Does the total area of the house include the area of the attic and basement? Answer: The area of the attic and basement of an apartment building is not included in the total area of the building. Attics and basements are part of the common property of an apartment building.
By virtue of clause B1.1 of Appendix B of SP 54.13330.2011 “Residential multi-apartment buildings. Updated version of SNiP 31-03-2003”, the area of a residential building should be determined as the sum of the areas of the floors of the building, measured within the internal surfaces of the external walls. The floor area includes the area of balconies, loggias, terraces and verandas, as well as landings and steps, taking into account their area at the level of a given floor.
How to make changes to the state cadastre
Regarding the simultaneous deregistration and new registration, it should be noted that, as a rule, such situations arise during the global redistribution of real estate or when several objects are involved in the process. When making the necessary changes to the cadastre, only minor alterations occur. For example, if as a result of the reconstruction of a building the area has increased by 10 sq.m., then of course this is a change in the cadastre. If an extension to the building was erected, requiring separate commissioning, then the original building is removed from the cadastral register and the entire complex is staged at once (the older ones are the rear ones, plus the extension, as a single object).
- it is cost-effective (when sent by mail, all documents must be certified by a notary, plus postal services);
- there is feedback (you can get clarification and advice from a specialist on the essence of the issue, and if there are any errors that could lead to refusal, they can be eliminated on the spot, which will save time and nerves);
- no additional technical means are required (when applying via the Internet you need to have an electronic signature, etc.).
26 Jan 2020 etolaw 268
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How is the area of the apartment indicated in the cadastral passport of the premises determined?
The cadastral passport of the premises displays information about the premises, including the area of the premises, contained in the state real estate cadastre (hereinafter referred to as the State Real Estate Cadastre). In the case of creating a new premises (in particular, when creating an apartment building), as well as in the event of changes in information about the premises (for example, in connection with the redevelopment of the premises), information about this premises is entered into the State Property Committee on the basis of an application and a technical plan of the premises prepared by a cadastral engineer . The technical plan of the premises is prepared taking into account the requirements for the preparation of the technical plan of the premises, approved (hereinafter referred to as the Requirements for the technical plan of the premises).
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One of the characteristics of the room, the information of which is contained in the technical plan, is the area of the room.
The area of a premises is the sum of the area of all parts of such a premises, including the area of auxiliary premises,
Making changes to the cadastral registration of a land plot
- Location (that is, the address, and in its absence, a description of the location).
- Data on rights to the site and their owners to the extent contained in the Unified Register of Rights.
- Information about restrictions and/or encumbrances, as well as in whose favor they are established.
- If restrictions are not valid for the entire site, then data about the part for which they are valid.
- Data on the cadastral value of land, as well as the date on which such value was established.
- Data about natural objects (reservoirs, forests, etc.) that are located on the site.
- Category of land.
- Type of permitted use (purpose) of the site.
- Contact information for communicating with the owner or person who has the right of lifelong ownership of the land;
- Boundary plan (for those situations when changes are made to the parts describing the location of boundaries and area of the site).
- The original and a copy (notarized) of a document that confirms the resolution of a land dispute about boundaries (if the boundary plan does not contain information about the approval of the boundary in the required manner).
- The applicant's passport (as well as a notarized power of attorney if the documents are submitted by a representative).
- A document certifying the applicant’s authority to speak on this issue (if the State Tax Code does not indicate information about the registered right).
- The original document that establishes or certifies the applicant’s right to the land plot. When a document is accepted by the caducerate authority, a copy will be made of the document with the stamp “original presented.”
- A document that confirms the type of purpose (for those cases when changes are made to this part of the land information).
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What is included in the area of the common property of an apartment building?
the area of common property in an apartment building before January 2020 was 210 sq.m., since January, with new accruals, the single property tax amount is 385.4 sq.m., question: what is included in the common property and how is the area of common property calculated February 10, 2020, 22:36, question No. 1534782 Valentina, Novocheboksarsk Collapse Online legal consultation Response on the site within 15 minutes Answers from lawyers (2) 87 answers 30 reviews Chat Free assessment of your situation Lawyer, Novocheboksarsk
Kostroma Free assessment of your situation Good evening! The total area of all premises of an apartment building includes the area of residential premises, non-residential premises and the area of common areas. In Art. 36 of the Housing Code of the Russian Federation contains a list of property included in the common property, in addition, the Rules for the maintenance and repair of common property (Resolution No. 491) indicate in more detail what property is included in the common property, including in paragraph.
What is the difference between a cadastral passport for an apartment and a technical passport?
- Contains primary information for entering information into Rosreestr.
- Assigned exclusively to buildings.
- Serves for technical accounting of real estate.
- Some utility services and taxes are calculated on its basis.
- Based on the technical plans, decisions are made to carry out major repairs of the building.
- Required when obtaining permits for redevelopment of an apartment, supply of utilities.
When registering the inheritance, it turned out that the cadastral passport indicated the area of the apartment was 1 sq. m. m and the cost of an apartment with an area of 1 sq.m. The notary does not accept the cadastral passport. The Cadastral Chamber does not correct the passport with the true area and cost of the apartment as of October 16, 2020 (the day of the testator’s death) (it cannot change the base now). She refused to respond to a request to correct a technical error due to her lack of inventory records. BTI responded to the letter from the cadastral chamber that everything had been transferred to them. BTI offered to give me copies of the required documents for 600 rubles. Can the cadastral chamber itself re-receive the documents? Will this solve my problems (for 600 rubles): get a cadastral passport with the true area and cost of the apartment as of October 16, 2020. Help, please. 6 months have already passed. The notary advises you to write a refusal and go to court.
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What is the OKSA area in an apartment building?
- 1.1 What is this - technical plan of OKS?
- 5.1 Differences between living space and general space
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What to do if the area of the property in the certificate does not match the numbers in the passport?
What should you do if, while studying the documents for the residential space, you noticed that there was a legal error in the cadastral passport? The discrepancies in the documentation give me pause. Why or why could this happen?
Perhaps this was a mistake by the specialist who worked with you, or a computer glitch. There is another theory: a reconstruction of the object was carried out. One way or another, errors in the passports of capital construction projects occur all the time , so the reason may be precisely this, and not the reconstruction. This is due to the fact that previously information was entered manually by employees.
The owner can still make transactions with his real estate, but the documents must indicate the number indicated in the passport, even if the area of the premises actually has different dimensions. If the difference is small, then it is not critical. As a rule, this will not create problems for the owner, nor for the potential buyer. If the address does not match, then the document must be changed - this is a significant difference, and it will interfere with the purchase and sale transaction or any other legal transaction.
If changes to the passport are necessary, you should contact the services of a certified cadastral engineer. He will make all the calculations, and then submit an application along with new data to the Cadastral Chamber.
OKS area - why does the owner need a cadastral passport?
We all get involved in real estate legal transactions from time to time.
This could be redevelopment, an examination of the technical condition of the apartment, or a mortgage - for this, the owner always needs to have a number of documents on hand. In this case we are talking about cadastral and technical passports. It’s worth figuring out what these documents are, why they are needed, where and how to get them.
In the worst case, the owner of the property will not be able to carry out any transactions with his property, and this is fraught with many troubles. For example, it will not be possible to urgently sell a living space or evict a tenant from an apartment without a passport - you will still have to get one. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know
Since what period have changes to the Oak Area been carried out according to Technical Plans
It should be noted that when changing the owner and registering the right to a property or land plot, you do not need to submit an application to the cadastral chamber. In the process of interdepartmental interaction, data about the new owner will be included in the cadastre. After some time, you can order a fresh cadastral passport; the owner must update.
All applications for changes to cadastral registration are accepted by the Cadastral Chamber. You can contact the branch closest to your property and submit documents. If the facility is in Moscow, you can contact the multifunctional center. However, you will have to wait 5-10 days longer for a response. This is a payment for convenience - after all, everything is sent to the Cadastral Chamber anyway. This usually happens once a week. Therefore, if you are in a hurry, contact us directly.
Area ox and what does it include
Note that reconstruction, significant redevelopment or expansion of buildings and structures also transfers them to the status of capital construction projects, which requires certain registration.
At the same time, structures such as temporary buildings (canopy, stall, kiosk) under no circumstances can be classified as OKS, therefore their reconstruction or construction does not require registration of capital construction. Buildings are real estate objects, the purpose of creation and operation of which is aimed at organizing residential areas, places for storing things, keeping animals or organizing enterprises.
Examples of such objects include apartment and private buildings, non-residential and warehouse premises, barns.
Oks this is the law in construction
- ↑ Clause 2.10 of the Methodological Recommendations for the development of norms and rules for the improvement of municipal territories, approved by Order of the Ministry of Regional Development of the Russian Federation of December 27, 2011 No. 613. The term and its definition should be considered unsuccessful, since they use the concept of construction.
- ↑ Resolution of the Federal Antimonopoly Service of the Moscow District dated February 13, 2008 N KG-A41/159-08 in case No. A41-K1-2108/07.
- ↑ Decree of the Moscow Government of November 13, 2012 N 636-PP (as amended on December 26, 2013) “On the placement and installation on the territory of the city of Moscow of objects that are not capital construction projects, and on the provision of land plots for purposes not related to construction."
- ↑ DECISION OF THE GOVERNMENT OF ST. PETERSBURG dated July 12, 2011
Oks area. Information from the Unified State Register of Real Estate
Area oxa; area oxa, what is it; what is the area of oxa in gkn - similar queries began to come from search engines.
Structures are real estate objects that are more complex in terms of engineering and communications organization, usually located both above and below the ground. The creation of such OKS is aimed at the extraction of any resources, their transportation or achieving similar goals.
So you need to answer
