On September 21, 2017, at the Branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Kirov region, a lecture was held for cadastral engineers. During the lecture the following topics were covered:
- “Implementation of the provisions of the Federal Law of July 13, 2015 No. 218 -
Federal Law “On State Registration of Real Estate”; - “Practical issues of carrying out cadastral activities”;
- “Consideration of the main reasons for suspending the implementation of state cadastral registration.”
These topics were considered for the following real estate objects:
- Premises
- Residential buildings
- Multi-apartment residential buildings
- Non-residential buildings
- Facilities
- ENK
Premises
- Registering a room in a communal apartment
If redevelopment is being carried out in a communal apartment, then it is necessary to create a technical plan of the premises to take into account changes in the apartment, which reflects the changed area and location of the apartment on the floor. In this case, the applicant is a potential owner, who must provide an acceptance committee report on the completion of the redevelopment. The technical plan for the room is formed on the basis of the project for the room, the technical passport of the house, and an extract from the Unified State Register of Real Estate.
If redevelopment has not been carried out in a communal apartment, then it is necessary to create only a technical plan of the room.
In any case, the cadastral engineer in “ Conclusion of the cadastral engineer ”
must describe in detail how to determine the area and location of the room.
- Common ownership of the apartment
For example, an apartment is divided into two shares, then in the case of allocating a share, it is better to register both rooms at once (from two owners), otherwise, when registering only one room (1 share), it is necessary to draw up an agreement for allotment.
Moreover, regardless of how the share is allocated, each room must be assigned an address.
Residential buildings
- Privatization of a residential building as an apartment
If a residential building is privatized as an apartment, then it is necessary to draw up documents for the reconstruction of the house. Then re-register the rights from the apartment to the house. To do this, you need to submit documents for termination of rights to the apartment and submit an application for registration of rights to the house, as well as pay the appropriate state fee.
- Registration of a residential building from an unfinished construction project
If, when registering a residential building from the ONS [1], the actual coordinates of the building do not converge with the coordinates of the ONS, but only slightly, then the cadastral engineer in the “ Conclusion of the cadastral engineer ”
must describe the reason for the change in area and boundary (for example, due
to
the plating). If the difference in coordinates is significant (angles of rotation, configuration have changed), then it is necessary to formulate a technical plan for correcting the registry error in the ONS, and the technical plan must be accompanied by relevant documents that reflect the differences - surveys, removal certificates, etc.
If the house was built on a site other than the site of an unfinished construction project with the designed purpose of “residential building” (for example, 10 meters away), then there are two options for resolving this issue:
- change the designed purpose of the ONS;
- generate an inspection report for the ONS for its subsequent liquidation.
Since on one site intended for individual housing construction [2], more than one residential building cannot be located (a guest house is a non-residential building).
To register such a building, the following is required: a construction permit, project documentation or declaration itself, an order to assign an address. In addition, the object must comply with Art. 16 of the Housing Code and fall into the development “spot” (in accordance with the urban planning plan). Otherwise in “ Conclusion of the cadastral engineer ”
it is necessary to state that the object does not coincide with the rules of land use and development or directly with the urban planning plan.
- Deregistration, change of purpose, reconstruction
If the object has ceased to exist, then it is necessary to generate an inspection report to liquidate the object.
If the purpose of the object has changed, then a technical plan is generated to take into account the changes. In custody " _
The technical plan for a non-residential building states that the facility is auxiliary. The owner is also required to make a new declaration and change the address of the property.
If a residential building extends beyond the boundaries of the land plot, the right to such an object will not be registered. In order to correct this, it will be necessary to change the boundary of the land plot or redistribute the land plots (on which the house is located and the border of which it extends).
To reconstruct a residential building into two blocked ones, you must first obtain permission for reconstruction, then permission to put into operation and address certificates for both objects.
How should a house be decorated to be able to register?
A citizen's registration may be permanent or temporary, depending on how long the person has lived at the same address. The place of residence of citizens can be either an apartment or a private house. Let us consider in detail how to register in a private house.
Registration in a residential building is carried out at the initiative of its owner. To confirm that a person has ownership of the house, a title document is provided. Thus, housing must be documented in the name of the owner so that he can register himself or his relatives.
Only the owner of the property has the right to decide who he will register on his territory. This applies to both permanent and temporary registration. But if a residential building belongs to several persons on the basis of joint ownership, then the consent of all co-owners is required for registration of relatives or friends. If a co-owner wants to register himself on the part of the residential premises that belongs to him, then there is no need to obtain the consent of the co-owners.
Multi-apartment residential buildings
- Large apartment buildings (100 or more apartments)
If a large apartment building is registered, then the technical plan is carried out on the basis of design documentation (Article 48 of the Town Planning Code of the Russian Federation), from which title pages, explanatory notes, plans, sections, elevations are attached, which reflect information about the building itself, premises, machine—
places.
Information about non-residential premises in an apartment building as common property for auxiliary use (heating units, electrical switchboards, etc.) must be recorded in the “ Conclusion of a cadastral engineer .”
before the release of the new XML
technical
plan diagram.
If non-residential premises for which the rights are registered are registered in an apartment building, but it turns out that these premises are premises for auxiliary use, then to correct this it is necessary to prepare a technical plan to take into account the changes, where the administration is the applicant.
- Reconstruction of apartment buildings
If, during the reconstruction of the building, an exit to the roof or attic appeared, then new characteristics of the building (for example, area, number of floors) and premises must be included in the commissioning permit. After this, the owner takes into account changes to the building, the technical plan of which includes a new permit.
If the reconstruction affects the structural elements of the building (for example, new apartments), then it is necessary to prepare technical plans to take into account changes to the building and premises.
- Mashino - places
To register a car—
places of an apartment building, it is required to attach an explanatory note from the design documentation to the technical plan, which indicates information on the layout of machine
places
or other layout elements, for example, pins, a description of special marks (based on Article 24 Part 6. 218
-
Federal Law).
In addition, on the measurement drawing it is necessary to show the distance from special marks to two machine locations
.
- Shared ownership
Based on 315—
Federal Law of July 3, 2020, if the right of common ownership or simply ownership of the premises is registered, then the participant in shared ownership has the right to allocate his share in kind by defining the boundaries of the car
space
in accordance with the requirements of 218
-
Federal Law and register the ownership of the car
-
place.
Until the termination of the right of shared ownership, the owner of the car—
place has the right to use the property remaining after the allocation.
Note:
Common ownership terminates after the allocation of the last share.
Passages and driveways remain the property of all shareholders, and there is no need to form them as a separate premises.
If all participants in shared ownership simultaneously want to allocate their shares, then in technical terms the method of forming the machine is chosen—
places
" Section "
, and in
" Conclusion of the cadastral engineer "
it is indicated that
" Allocation "
and it is indicated what exactly remains in common use (passages, driveways).
Technical plan for the machine—
places are prepared on the basis of a project for a room containing a car
-
places where the explanatory note indicates compliance with SNiP (building codes and rules for parking cars), Order of the Ministry of Economic Development of the Russian Federation dated December 7, 2020 No. 792 “On establishing the minimum and maximum permissible dimensions of a car
-
places”, special marks and the actual dimensions of the car
space
.
Machine addresses—
places are not assigned, so the structured address according to FIAS is recorded only before the premises, and in the informal description the number of the car space is indicated
(
in another description: RF and the number of the car
place
).
How to register unfinished construction on leased land
By a resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation in 2008, clarifications were given on the issue of the right of the owner of an unfinished construction project to privatize the land plot on which this facility is located. It seems appropriate to briefly analyze this Resolution: We have previously written about the fate of an unregistered plot of land under an unfinished construction project. Let us remind you that when purchasing an unfinished property, it is almost impossible to register ownership of a land plot even in court, due to the fact that the right of permanent (indefinite) use of the land plot on which the unfinished construction object is located does not arise by force of law, since such an object does not belong to the objects named in Articles 35, 36 of the Land Code. Practice on this issue over the years has remained contradictory, imperfect and, most surprisingly, varied.
Please note => Sample civil contract for the provision of services
Non-residential buildings
To register all the premises of a new non-residential building, you must first register the rights to the building (you do not need to register again if you already have rights), and then register all the premises in the building. To do this, you need to draw up a technical plan for an apartment building, and in “ Conclusion of a cadastral engineer ”
state that the object of cadastral work is a non-residential building with premises in it and that the current XML
technical
plan diagram version 03 is not intended for registering a non-residential building with premises. In this case, the registrars will change the purpose of the building themselves.
Note:
Each room can also be designed with a separate technical plan.
If the building has undergone redevelopment or parts or premises are being registered, and the area of the building is taken into account incorrectly, then it is first necessary to record the changes in the building, and then submit documents to register the part or premises.
How to decorate an unfinished country house
Many owners of country real estate have a mistaken opinion about registering property rights, believing that first of all it is necessary to build a residential building on the site, and only later legalize this object on the basis of the law on dacha amnesty. It is noteworthy that the simplified scheme works without prior approval of the work from the local administration, however, this registration procedure is not possible with all construction projects. Accordingly, if you need to register the “box” of a country or garden house, you will most likely need a building permit, which can be obtained on the basis of a certificate of land ownership (or a lease agreement), a cadastral passport and an urban planning plan for the land plot (from August 2019 When starting construction, it is not necessary to obtain a building permit for the construction of individual housing construction projects). In the event of a refusal to register ownership of an unfinished construction project under the dacha amnesty, the owner can obtain permission through the court by providing evidence that the object was built in compliance with all construction standards and does not pose a threat to the life and health of citizens.
21 Dec 2020 marketur 122
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