How to register an already built house on a plot

Living in your own home is every person's dream. However, construction is a long and very troublesome process, not only in financial terms. And even after construction is completed, the owner of the house is faced with paperwork. The first thing you need to do is register ownership.

Only after completing the documentation will it be possible to register in the house, as well as subsequently give it away, register it as an inheritance, sell it, etc. Let’s take a closer look at how this is done, what documentation is required, and how long the procedure will take.

Law

In order for the person who built a private house to be able to fully realize the right of ownership, it is necessary to register it in accordance with the requirements of the law.

The Law “On National Registration of Real Estate” No. 218 of July 2020 applies in this area.

This law states that citizens who build residential buildings on territory intended for individual housing construction, or purchase an already built private house, are required to draw up documents in accordance with the law.

In addition, before the start of construction, the owner of the property is required to provide a document authorizing the construction.

ATTENTION! To obtain it, you must contact representatives of the regional authorities with a statement about the need to provide a construction permit.

Legislative regulator

It is possible to register suburban residential real estate as shared ownership or for one owner.

There are laws that regulate these issues, a list of them:

1. Civil Code of the Russian Federation Part I, Subsection 3, Chapter 2, Article 131.
2. Federal Law No. 218 of July 13, 2015.
3. Code of the Russian Federation on Administrative Offenses No. 195 of December 30, 2001, Article 19.21.

The owner’s obligation to register ownership of real estate in a unified state register is determined by law, as well as the responsibility that this government body bears to citizens, as well as the people themselves, who are also responsible for the completeness and accuracy of the information provided by them.

Before construction starts

Many people assume that owners of private houses can do whatever they want within their properties. However, in reality this is not the case. There are a number of requirements that must be met that limit the authority.

Representatives of urban architecture establish certain standards and restrictions on the size of residential private houses. Limitations and regulations:

1. the height of a residential building should not exceed 12 meters, including the attic space,
2. number of floors – no more than three,
3. the total area of ​​the residential building is 1.5 thousand square meters.

The house itself must also be located at a certain distance from the boundaries of the site. In order to avoid refusal and unjustified costs, it is necessary to agree on the location of the proposed house in the urban architecture. You can draw a plan for placing the house on the site yourself.

The end of the story

Happy people went through all the bureaucratic obstacles of various offices, decorated new garden houses and country houses, built cottages and garages, and decorated part of the premises where their right to own property was registered. Now some have to continue to live a happy life full of joyful troubles, while others, after completing individual construction, can settle in registered housing, without having to worry about problems with documents. Thanks to competent actions, registration was simplified for some, and others were registered and received certificates.

Everyone got what they wanted - the paperwork was drawn up, the property was registered, and they could settle down thoroughly in the built house.

Documentation

To register a private house in your name and become a full-fledged owner, to be able to register, you need to collect a package of documents. Documents for registration:

• Declaration for registration of a specific property. It must indicate the location and coordinates of the location. The declaration also indicates the area of ​​the object, the number of floors, materials used for construction, and the purpose of the object.
• A document identifying the owner. It is required to provide not only originals, but also copies of papers.
• A written application for registration of a residential building in the individual housing construction category. The application can be submitted in any form, but must be submitted on behalf of the owner of the company.
• Documents indicating ownership. The following are used as such: a certificate of registration of ownership, a purchase agreement, a sale agreement, the fact of receiving an inheritance, a gift, etc.
• Permission to build a private house and operate it as a residential property. If such a document is missing, you must provide paper stating that the object was built arbitrarily.
• Paper from the Unified National Register. This is the only document confirming the right to own real estate.
• Cadastral plan, as well as building design. To obtain it, you need to contact the BTI.

It is best to check the set of papers at the local registration office. There are several options for submitting papers to register a property:

1. collect a set of papers and personally take them to Rosreestr,
2. contact a multidisciplinary center,
3. via the Internet through the website of national services.

When registering online, you must fill out an application form online . After filling out all the fields, you will need to send scans of documents and personally appear at the department you applied to. You can receive the registration paper by mail if you indicate the recipient's address when filling out the application.

Registration of a house on a land plot

Advice from lawyers:

1. Please follow the steps for registering a house on a plot of land. The plot is private housing construction land.

1.1. For newly built ones: building permit, technical plan, putting the house into operation, cadastre registration, land documents, Rosreestr for property rights.

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2. The house is in shared ownership, the sister sold her share to a stranger. At the moment, I wanted to make an allocation of a land plot, the house is divided according to the BTI, 2 separate entrances, all bills for housing and communal services are separate, but in 2020 the bailiffs imposed a ban on its 1/3 share from carrying out registration actions. Now the cadastral engineers who are involved in land surveying have said that I won’t be able to register my allotment, please advise me what to do?

2.1. Valentina, you need to consult with lawyers. It is not clear from your question what the arrest was imposed on. You need to study the documents.

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3. The house is in shared ownership, the sister sold her share to a stranger. At the moment, I wanted to make an allocation of a land plot, the house is divided according to the BTI, 2 separate entrances, all bills for housing and communal services are separate, but in 2020 the bailiffs imposed a ban on its 1/3 share from carrying out registration actions. Now the cadastral engineers who are involved in land surveying have said that I won’t be able to register my allotment, please advise me what to do?

3.1. Remove the arrest through the court.

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4. Please help me formulate a clause regarding the placement of a reinforced concrete power line pole in the purchase and sale agreement for a residential building on a plot of land (owned by the seller). The line was recently extended; the previously standing wooden poles were replaced with reinforced concrete ones. To register an agreement in the State Register, the MFC requires that such a clause be included. Neither the seller nor the buyer knows how to present it correctly.

4.1. Yes, the easement must be indicated.

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4.2. On the ground On the site there is a linear structure - a pillar, with a security zone in accordance with current legislation.

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5. I plan to register ownership of a newly built house in the Moscow region for 1 of the participants in shared ownership of the land. The land plot is in shared ownership (1/2 share). What document must be provided regarding the consent of the second owner of the property to register ownership of the house in the name of one of the participants?

5.1. Impossible. The right to the building is registered in proportion to the right to the site. Either you buy the share from the owner, or divide the plot in kind, and then only register the right to the house on your own plot.

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5.2. Hello! An agreement is presented to determine the shares in the right of common shared ownership of the constructed facility (Clause 3, Part 16, Article 55 of the Town Planning Code). The form is simple written. Where to determine the share of one of the co-owners in the amount of 100%.

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6. We bought a plot of land as our property, we are planning to build a house for individual housing construction (I am preparing a notification about the start of construction), according to SNiPs, the house should be 3 m from the fence, but the plots in our SNT are all elongated 7-8 m wide, can I refuse to register individual housing construction in the future? Or are there acceptable deviations from SNiP standards in practice?

6.1. Greetings. They will refuse you - 200 percent! There is a procedure for obtaining permission to deviate from the norms. But these are public hearings and it is not a fact that they will give the go-ahead. Depends on the administration.

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7. We are a large family. We are purchasing a dacha with a division of shares between the spouse and children (later to apply for compensation with land and regional capital). Is the consent of the 2nd spouse required to register children's shares of the plot and house? If so, must it be completed by a notary?

7.1. No no need. YOU immediately buy the shared ownership of the children's parents.

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8. I entered into a lease agreement for a land plot for 20 years with the subsequent construction of real estate objects and subsequent registration of property, I built a house for 5 years and applied to the Rosreestr authorities for registration of property rights, but they refused me since I had not received a building permit, and this is an unauthorized construction.

8.1. In fact, you had to obtain a building permit. You can try to get it now. Sincerely.

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9. The land plot is registered in the name of the father-in-law. Construction of a residential building on this site is now beginning. When registering the house, we want to allocate shares to me and my father-in-law. In this case, is it necessary to re-register the land for 2 of them? or can I leave it on? And how is the allocation of shares in a house carried out correctly? First the house is registered in his name, and then he gives me a share? Or at the initial stage do we indicate 2 owners?

9.1. Hello, if you are going to register a property that will be built on a land plot in shares, then you need to resolve the issue of the land plot at the stage before the start of construction. Before the start of construction, let your father-in-law give you his share in this land plot, then during construction you will submit a notice of the start of construction (Article 51 of the Town Planning Code of the Russian Federation) from two owners and, accordingly, the house that will be built on such a site will be registered under two owners.

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10. My common-law husband and I began building a house on a plot of land donated by his brother. We are going to formalize our relationship at the registry office. Will I have any rights to this house if the land is donated and construction of the house has already begun without registering the marriage? The procedure for inheriting donated property is also interesting)

10.1. He has already registered the plot for himself. It’s better to register the house in shares right away.

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11. In 2004, I bought a plot of land with an unfinished country house on it; in 2009, I received a state certificate. registration for a country house, non-residential purpose. Now I am selling a plot with a country house for 1 million rubles. What sales tax should I pay? How to calculate it?

11.1. Hello) You will not pay tax, since you have a tax deduction of 1,000,000 rubles.

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12. A plot of land for private housing construction was issued by the district administration, a box house was built on the plot, fenced, I want to sell the plot for the amount invested in it. the land plot is not privatized, ownership has not been registered, registration of the house will cost 70 thousand rubles + -... due to the move I want to sell, the lease term is also due in October, I don’t want to renew... question: how to cede the right to privatization? In what form should the contract be drawn up? What is the procedure?

12.1. Since the plot is not your property, you can assign the lease right only with the consent of the administration.

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12.2. There is no way to give up the right to privatization...

This is due to legal provisions and the lack of registration of ownership of unfinished buildings.

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13. I own a plot of land. According to the registration certificate, the category of land is: “agricultural land, permitted use: for summer cottage construction. Can I use Mat. capital for the construction of a residential building?

13.1. — Hello dear site visitor, YOU DO NOT HAVE SUCH RIGHT! But nothing prevents you from submitting an application to the pension fund and getting an answer from them. Good luck to you and all the best, with respect, lawyer Legostaeva A.V.

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14. Is it legal for the head of the settlement to provide him with the documents of the State Certificate. Registration of ownership of a house and permission to build a house, in order to ensure control over the use of real estate and land. More details on Pravoved.ru: https://pravoved.ru/question/1699700/#ok

14.1. Upon his written request, you can provide him with copies of title documents.

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14.2. The head of the settlement is not authorized to demand that documents on ownership be provided to him. Moreover, such information is publicly available upon request.

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14.3. Elena, hello. The head of the settlement can obtain all the necessary information through an interdepartmental request from Rosreestr. The settlement administration has no right to demand that you provide any documents, except when you apply for a public service and the document is on the list determined by any regulatory legal act. And it’s so simple, no administration can demand documents from citizens for some kind of “checks.”

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15. Parents sold a plot of land with a house for maternity capital, but the buyer refused to pick up the documents that had already been registered at the MFC and go to the Pension Fund so that the parents would be paid the money. I refer to the fact that she wants to terminate the contract because she was told that the house is cursed. Parents do not want to terminate the contract. What should parents do?

15.1. They have the right to recover money from her in court or in court to demand termination of the contract, since it was concluded and ownership has been transferred.

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16. On one plot of land (owned land) next to the old house, a new one was built. There are no plans to demolish the old house. Could there be problems registering a new home? If the distance between houses is 3.5 meters?

16.1. If the old house has title documents, and the new house is not an unauthorized structure, the distance between residential buildings complies with urban planning and fire regulations, then problems in registering real estate should not arise.

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17. I am the owner of a land plot, it has a cadastral number. Built a house on the site: there is a building permit, a technical passport, a notification from the Department of Architecture that the house was built in accordance with urban planning standards. Is it possible to sell a plot and a house without registering the house with the cadastral chamber?

17.1. It is possible if you are the owner of a land plot. But then the buyer has the obligation to register ownership of the house. Will the buyer agree to such conditions when making a transaction, that is the question.

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18. I am buying an apartment in a high-rise building, registration was suspended for the reason: there is no application for registration of the right of common shared ownership of a land plot, as the common property of a residential building. The title document for the apartment is the DU, which does NOT state that the shareholder will own a share of the land plot. Where can I get such a document? Or is this wording simply written into the DCT on the basis of clause 5 of Article 40 of the Law on Registration of Property Rights?

18.1. Declarative nature in Rosreestr (in the contract). The share is proportional to the area of ​​the apartment compared to the residential apartment building. Although they did not have the right to refuse registration, you can appeal. Is the answer clear?

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19. I have 1/2 share of a house and 1/2 share of a land plot. There is a government for the land. There is no registration of rights for the house and it is impossible to register it. There is not enough land, it is impossible to allocate a part, so say the surveyors. Please tell me, I have the right to sell my share of land to neighbors from our own house (they also have 1/2 share of land and house) at the price of land and house together so that both house and land become full legal property to them, which they will be able to receive state. registration of rights?

19.1. Hello, if you have a registered right to 1/2 share of a land plot, you can sell this share at any price. You cannot transfer the rights to a share of the house, since, judging by your words, you do not have it.

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20. The LLC entered into a lease agreement for a residential building for an office. We know that we need to move it to non-residential premises, but that’s how it is for now. The question is how to draw up a contract for a land plot located under it and is it necessary? Types of permitted use of a land plot are for summer cottage construction with the right to erect a residential building with the right to register residence in it. The owners of a residential building and a land plot are different individuals.

20.1. Please note Art. 17 of the Housing Code of the Russian Federation, according to which it is allowed to use residential premises for carrying out professional activities or individual entrepreneurial activities by citizens living there legally, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet. As follows from your question, the Tenant is an LLC, which will entail the risk of bringing the Landlord to administrative liability. In addition, it is not allowed to locate industrial production facilities, hotels, or carry out missionary activities in residential premises, except for the cases provided for in Article 16 of the Federal Law of September 26, 1997 N 125-FZ “On Freedom of Conscience and Religious Associations” . Concluding a lease agreement for a land plot makes sense if the Tenant also uses the land plot itself, and not just the house.

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Will social security authorities refuse to grant child benefits to a low-income family?

The lease of the land plot has ended; it has a garage in the property; it has been completed

We have 3 children, 5 years of registration in the parental home and own a house,

I am planning to buy a plot of land on which a small house is registered, but in reality this house does not exist, only an address, but there is a certificate for the house.

Residential building without the right to register residence, located on a garden plot of land, purpose: residential is considered as a house on land?

What real estate documents are relevant in 2020 when selling a house with land?

I fill out an income certificate. Section 6 “Objects in use” reflects the land plot.

We want to register ownership of the house, but we don’t have any documents. We took the extract

According to the land surveying project, a plot of land was allocated to an apartment building. Residents don't mind renting out.

What to do if registration in the Rosreestr is suspended because the developer does not have the rights to the land plot for the construction of an apartment building.

We want to buy a plot, the Rosreestr informed us that it has restrictions under Art.

Sequencing

There is a procedure for registering real estate . Permission to register and put into operation a house as a residential property. This document can only be obtained after inspection by experts and detailed analysis and study of the documentation.

If the house is a country house, that is, not used as a residential property, commissioning is not required:

• It is necessary to fill out a declaration. It must indicate the dimensions of the building, the type of building materials used for construction, and the type of communications present.
• Obtaining a cadastral passport.
• Registration of a technical passport.

Such documents are drawn up only after measurements and assessment of the land plot. If the commission members discover violations or non-compliance with construction technology, it will not be possible to register the form of ownership.

Financial literacy, or the cost of decorating garden houses

A prerequisite for obtaining title documentation for private property is the payment of state fees both for new cottages and for simpler property: a summer house, an extension, a garage, a summer kitchen.
For each region where people live, its value is the same and currently amounts to three hundred and fifty rubles. The price is set by the state, which does not believe in or recognize property without documents. Therefore, in order, for example, to register a garage built at a dacha or to claim ownership of a house, a state fee is paid. This fee is collected in favor of the state. A procedure for shared participation in construction is possible, in which case the fee is paid separately, that is, each owner of residential buildings pays it himself.

For a newly built house, the scheme with shared participation is the same. Once you have paid the fee, you can go to the registration authority and begin registering your summer cottage or country property.

Registration deadlines

Legislative acts do not specify a specific period within which registration of residential buildings is required.

ATTENTION! Each owner of a residential property determines the registration period himself, depending on the need to become a full owner.

This determines the period of registration of the owner and all members of his family, registration of subsidies for payment of utility bills, etc. Before representatives of the commission inspect the building and officially approve its registration, the following stages of work must be completed:

1. construction works,
2. installation and commissioning of communication systems,
3. arrangement of the surrounding area,
4. measurement of the dimensions of the land plot by a BTI employee.

First stage

In order for the home registration process to go smoothly, you need to go through several stages. But before you figure out where to register ownership of the house, you need to obtain permission to build the building. According to the Town Planning Code, preparation of design documentation is not required for reconstruction, construction or major repairs of residential individual construction projects.

Individual housing construction objects mean a separate building no higher than three floors, intended for one family. This means that if you intend to build a house for individual residence, and it will not be higher than three floors, then it is not necessary to prepare design documentation.

To obtain a construction permit, you need to contact the executive authority or local government and submit the following package of documents:

1. Certificates of title and certificates for a plot of land.
2. A diagram of a land plot with a designated location (from the planning company) where the individual housing construction project will be located.
3. Urban planning plan for the land plot.

It is worth noting that no one has the right to require other documents from you to issue a construction permit.

Price

Registration of ownership of a residential property is a mandatory procedure. It will require some expenses.

If the land plot on which the house is built is individually owned, then you only have to pay for the technical document in the BTI, as well as the national fee for registration in Rosreestr.

The owner of the property will have to pay for BTI services - this will amount to 1,200 rubles for the production of technical documentation. The passport production time is 10-14 days.

If the owner needs urgent production of a document, he will have to pay 2,600 rubles for production within 24 hours . Until the national fee is paid, real estate registration documents will not be accepted.

To simplify the procedure, you can contact a private organization that provides registration and document collection services. This will save time. The estimated cost of services of this kind is from 4,500 rubles.

Objects of dacha amnesty

In Soviet times, land was distributed to people for free use for an endless period because running a dacha farm on a small area was not only a necessity, but also an integral part of the life of almost every Soviet person.
Then, for this land, as well as for the country house under construction, which could not be called residential, documents were not subject to registration a priori. Today, such an abandoned house without documentary papers can become a burden or, moreover, the subject of legal proceedings for people to whom land along with real estate, for example, was inherited, but without registration. The question is whether it is possible to register such objects as property? We recommend that you read:

Registration of garage ownership in a garage cooperative

The law establishes which of them can be made property:

1. Structures that are used by gardeners as auxiliary buildings on the garden plot, for example, summer kitchens, warehouses for household equipment, sheds for keeping domestic animals.
2. Owning a house on a garden plot and extensions to them.
3. Land for gardening, field and gardening work.
4. Garages and extensions to them.
5. Objects called individual buildings.
6. Sheds, kiosks, terraces, gazebos.

All property needs to be made tangible in documentary form, you just need to know how to register a country house or an ownerless house under the country amnesty.

Decorating an abandoned house

There are often cases when it is necessary to register abandoned houses, especially in rural areas. The reasons are different, most often elderly relatives die, and heirs living in the city come to legitimize the property.

We recommend: Sale of land: compliance with the nuances of drawing up an agreement on land transactions

First of all, you should inquire whether this property has any heirs; if there are any, it is important to clarify what rights they have to this property.

You can find out valuable data in different ways:

• communication with neighbors;
• familiarization with information from the “Register”;
• appeal to rural or municipal authorities.

Only after clarifying all the information can you seriously think about buying out or registering the property. The house is registered in Rosreestr, documents are prepared:

1. Identification.
2. Agreement on the transfer of ownership of a property.
3. Certificate of inheritance or an extract from a court decision.
4. Receipt for payment of state duty.

It is difficult to obtain an abandoned building for free (Article 234 of the Civil Code of the Russian Federation). This article of the Civil Code states that if a citizen lives in this house for a long time (more than 15 years), then he can acquire the right to own it.

The entire design of such houses takes a fair amount of time. First a court decision is required. The statement states:

• applicant's details;
• information about the house;
• utility bills;
• neighbors' testimony.

In rural areas, in parallel with the registration of a house, the land plot is also privatized. All design follows a similar algorithm. All such issues must be resolved using Rosreestr, as well as BTI.

Why register a house as a property and when is it necessary?

Much depends on the land on which the house is built. If we are talking about a summer cottage, then no permits are required when constructing an object. It is not strictly necessary to register a building on a summer cottage.

When building a house individually, a permit is required, and the homeowner is required to register the structure.

An extension to the house should also be documented, especially when redevelopment and reconstruction are required. Houses that are many years old must be fully legally registered.

Preparation of technical plan

Registration of a residential building on a land plot is carried out only after providing the necessary package of documents. One of the most important acts in this case is the technical plan of the structure . This rule is spelled out in Art. 22 FZ-221 dated July 22, 2007 .

The technical plan is necessary in order to subsequently register the building with the cadastral register. The document is attached to the application for cadastral registration of the building and contains the information required for this.

Attention. If you have any questions, you can consult with a lawyer for free by phone in Moscow, St. Petersburg, and all over Russia. Calls are accepted 24 hours a day.

The preparation of a technical plan for the structure is carried out by a cadastral engineer who has the appropriate qualification certificate. Most often, citizens apply to the land relations department for the document. The form for filling out the paper is carried out in accordance with the order of the Ministry of Economic Development No. 403 dated 09/01/2010 .

To obtain a technical plan, a citizen must present the following documents:

• owner's passport;
• permission to put the facility into operation;
• design documentation of the facility;
• building permit;
• title papers for land;
• SNILS of the owner.

The cost of preparing a technical plan depends on a number of factors. First of all, it depends on the complexity of the necessary calculations and measures, on the location of the land plot, on who orders the service (more expensive for legal entities). The cost calculation is established according to the calculations made and the prepared estimate.

Registering a house for cadastral registration

In 2020, a new edition of Federal Law-221 dated July 24, 2007 , according to the provisions of which information about construction is written down in the technical plan, taking into account the data provided by the customer, as well as construction permits and design documentation .

Previously, permission to construct a building was not required and it was enough to provide a special declaration about the object. Now, without this document, registering an individual housing construction project for cadastral registration is impossible.

The process is carried out according to the following steps:

Attention. If you have any questions, you can consult with a lawyer for free by phone in Moscow, St. Petersburg, and all over Russia. Calls are accepted 24 hours a day.

1. The owner of a built house turns to a cadastral engineer to draw up a technical plan for the property.
2. The finished plan is submitted to the cadastral chamber.
3. The authority’s specialists check the received documents and, in the absence of errors or inaccuracies, the object is included in the all-Russian cadastre.
4. The owner of the building receives a cadastral passport of the property.