How a property is deregistered from the cadastral register: instructions for homeowners

Land status

Any land plot that is included in the Register and has a cadastral passport is an object of ownership. Each plot has its own individual characteristics, which are then included in the cadastral passport and distinguish such a plot from other similar ones.

Cases when a land plot can be assigned this type of status:

• All real estate objects for which there is data in the State Cadastral Register, until the time when such real estate is registered by the owner, will be considered temporary. Interesting fact: if the right of ownership, which was acquired as a result of various events, is not registered in the cadastral register within 5 years from the date of acquisition of such right of ownership and disposal, then the land plot automatically receives this status.
• In the event that such a plot of land ceases to exist as a result of certain manipulations with the land. For example, several land plots are being merged, or a land plot is being divided. The status itself appears in the cadastre within 3 days after the new rights to the newly formed plots are registered.
• In the event that a court decision was made to assign such status to the site and, thus, cease the existence of the object.

Thus, it turns out that the site can be deregistered as a result of the following manipulations with the land:

1. Changing the territorial boundaries of the land;
2. Enlargement of the site itself by combining several sites;
3. Dividing the site into several small ones;
4. In case an error was made in the cadastre, for example, double registration of a land plot.

In addition to these reasons, there may also be a reason that this land plot does not allow for territorial division with a neighboring plot. In this case, correct land surveying occurs with changes in their territorial boundaries.

Contacting the cadastral chamber

As mentioned earlier, a site can be deregistered by a court decision. But often it is the owner himself who sends the request that such manipulations need to be carried out.

To do this you need:

• Write a statement of intent or request to deregister the site. The application must indicate the reason or basis for the cadastral chamber to carry out such actions;
• Attach a certificate of registration of ownership of the land plot and a cadastral passport to the application;
• Contact the cadastral chamber to take action.

By the way, you can submit documents either independently, by coming to the reception at the ward, or by sending such a package of documents by the postal operator. The main thing is to attach to the letter an inventory of what is included in the letter.

The processing time for the application is no more than 10 working days from the moment the application from the land owner is registered. But in reality, such deadlines can be extended by several days, or even a week.

Based on the results of contacting the cadastral chamber, there may be three options for the development of the event:

1. A decision will be made that the land plot will be deregistered;
2. The deregistration procedure itself will be terminated or suspended;
3. Deregistration will be denied.

And here the question arises, on what grounds can representatives of the cadastral chamber suspend the deregistration procedure?

There must be compelling reasons for this, in particular:

• Insufficiency of necessary documents attached to the application;
• Inconsistency between the information about the land plot, which is presented in the cadastral passport itself, and the information presented in the application and attached documents.

The deregistration procedure itself may be suspended for up to three months. During this period, the person is obliged to correct the mistakes made and submit a new application. Once the discrepancies are resolved, a decision will be made within 10 days. Regarding refusal to assign status, there must also be reasons. But, as a rule, such reasons are more compelling than the reasons for suspending the procedure. Thus, if it is necessary for a plot to be deregistered, then it is imperative to contact the cadastral chamber, where they can tell you what is needed, and then carry out the necessary manipulations.

Is it possible to challenge a refusal?

Citizens often have to deal with unlawful refusals. They prepare a lot of necessary documents, conduct a site inspection, but still do not make the necessary changes to Rosreestr. Under such conditions, you will have to challenge the decision through the court. Deregistration of a property from the cadastral register can be carried out forcibly by a court decision. Dispute rules include:

• a statement of claim is filed correctly, in which the claim is the forced removal of a certain object from cadastral registration;
• the application is accompanied by the refusal received from Rosreestr;
• the survey report and other real estate documents are submitted to the court for consideration;
• It is advisable to take photographs in advance confirming the destruction of the object;
• at the trial, the opinion of each side is heard;
• if the plaintiff can prove that the object really cannot be used for any purposes, then a decision is made to forcibly deregister it.

The court decision is transferred to Rosreestr, after which, on the basis of this document, the necessary changes are made to the register. It is advisable to go to court only if you are sure that the truly negative decision of Rosreestr is unfounded.

The status of a land plot has been deregistered: what does this mean?

Filatova Tamara (04/13/2012 at 02:25:27) Hello! The procedure for registering and removing a land plot from cadastral registration is regulated by the provisions of the Federal Law “On the State Cadastre” (hereinafter referred to as the Law). In accordance with Art. 2 of the Law, deregistration of a property is carried out on the basis of an application for cadastral registration and the documents required in accordance with the Law for such registration, submitted by the applicant or submitted in the manner of interdepartmental information interaction. The form of this application is established by the regulatory body in the field of cadastral relations. According to paragraph..4. Art.

List of useful documents

Documents for download:

An interdepartmental commission will inspect the building to make a decision on its demolition and deregistration

How to remove a property from the cadastral register?

These terms, which are similar in meaning, are used in relation to the registered land plot in different situations. As mentioned above, a plot can be “cancelled” if the ownership or lease rights to which were not registered within two years from the date of registration of the plot in the cadastral register. In addition, a land plot can receive this status at the request of the owner. If the status “cancelled” concerned situations where the right of ownership was not registered, then the status “deregistered” indicates the cessation of the existence of the site as a land plot or its transformation. The reasons for this may be a change in the boundaries of the plot, its division or merging, if the plot does not allow for land surveying of the neighboring plot or due to an error in the cadastre. How to find out the cadastral status of a plot.

Removal from cadastral registration of real estate

Application forms can be downloaded from the Rosreestr information portal or obtained from the offices of Rosreestr, the MFC or the territorial cadastral authority.

• Title documentation for the property itself, subject to deregistration, or for the original land plot. If there is information about the registered rights of the applicant, it is sufficient to submit the corresponding registration certificate.
• Passport or ID card allowing identification of the applicant.

If the applicant is a legal entity, it is necessary to submit to the cadastre authorities a OGRN certificate, constituent documentation, and an act (order) on the appointment of management.

• An inspection report (for structures, buildings) or a land management report (for a plot of land), certifying the cessation of existence of the property being removed from the cadastre.

Reasons

Removal of a property from the state cadastral register can only be carried out if there are compelling reasons. Based on this process, the object ceases to exist, therefore such legal actions must be carried out taking into account the requirements of Federal Law No. 221.

The procedure is carried out in the following situations:

• the object is destroyed for various reasons, for example, after exposure to various natural disasters or fire;
• the structure is dismantled due to legal requirements;
• Significant characteristics of the structure, which are unique, change, which leads to the fact that the existence of the object in its previous form is impossible.

All these facts must be presented in the application submitted to Rosreestr. The grounds for deregistration of a property may be different, but they will have to be proven using official documents. They must be accompanied by photographs of the site or building confirming the information provided in the application.

Deregistration of a property from the cadastral register: how it is done

Residential (non-residential) house To remove a house from cadastral registration, the following grounds are required:

Important! Real estate objects temporarily registered in the cadastre before 01/01/2017 will be deregistered automatically after 03/01/2022, if the rights to them are not registered. It will indicate that the basis for drawing up this document is a certificate from local executive authorities confirming the fact of loss of property as a result of a natural disaster. For the same reasons, the destroyed part of the building can also be deregistered. Deregistration of a property from the cadastral register in 2020 The procedure for deregistration of a property in the Unified State Register of Real Estate consists of the following steps:

• Collection of the necessary package of documents.
• Submission of collected documents to the relevant authorities.
• Receiving an extract on the deregistration of an object.

What is deregistration of real estate

The registration of objects occurs by entering information into the state register of the Unified State Register of Real Estate. To do this, the copyright holder applies to Rosreestr with a boundary or technical plan, which will indicate the individual characteristics, boundaries and coordinates of the object. Registration is accompanied by the assignment of a unique cadastral number. It will remain with the building, premises or site for the entire period of their existence.

While the object exists in kind, information about it is available in the Unified State Register of Real Estate. If it is necessary to change the characteristics, it is necessary to go through registration again and make changes to the Unified State Register. In this case, the cadastral number does not change, and the building continues to be listed in the state register. Removal of a premises or building from cadastral registration is possible in the following cases:

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• making a decision by the copyright holder to dismantle or demolish a structure (for example, to build a new facility in its place);
• an order from state and municipal authorities for demolition (for example, due to an emergency condition, during the seizure of land);
• destruction of an object in emergency situations, natural disasters;
• when dividing an object into several new ones;
• when merging premises, when a new object is formed.

Removal from cadastral registration of an unauthorized building is possible according to instructions from the supervisory authority, or by a court decision. If the self-construction can be legalized, the owner is given time to carry out additional work and prepare documents. If violations are not eliminated, a decision on forced demolition is made.

Removal from the cadastre does not occur if the parameters or layout of the object change during work or repairs. For example, during reconstruction, you can completely change the layout and architecture of the building, add a floor, and change other parameters. At the same time, the object itself continues to exist in kind, so the changes made will be indicated in the state register.

Expert opinion. Parts of buildings and premises can be placed on temporary registration. This is usually necessary when renting out space without erecting structures and fences. After termination of the lease relationship, the part is deregistered automatically. If the contract is terminated early, you need to contact Rosreestr.

The survey report confirms that the property has lost its physical existence. After this, the object will be removed from the cadastral register.

Regulatory acts

All procedures related to the registration and deregistration of real estate are regulated by Law No. 218-FZ (). This regulation applies to all types of objects. The basis for contacting Rosreestr on this issue may be a technical plan. It is manufactured in accordance with Order of the Ministry of Economic Development No. 861 ().

Depending on the reasons for the demolition or destruction of a structure, other regulatory or departmental acts may be applied. For example, deregistration of a house after a fire is allowed according to decisions from a criminal case or a certificate from the Ministry of Emergency Situations. Such documents are drawn up on the basis of the Code of Criminal Procedure of the Russian Federation, Law No. 384-FZ, and regulations of the Ministry of Emergency Situations.

The object has been deregistered, what does this mean?

They will probably tell you who provides such services in your city. Despite the recommendation from a government agency, ask the engineer to show the certificate of qualification.

If it turns out that his signature on the act is not valid, everything will have to start all over again. The application form is available on the Rosreestr website and should be freely available in the department. Wherever you get it, when visiting Rosreestr in person, do not sign in advance. An employee of the institution must see you sign the application. If you are submitting an application on behalf of, for example, an elderly relative, you must bring a notarized power of attorney from him and a copy of it. But most likely you won't have to fill out anything. The employee will take the documents, enter the data into the form, print it and give it to you. All that remains is to carefully check the information and sign. Law, information entered into the state real estate cadastre when registering a formed real estate object or formed real estate objects is of a temporary nature, except for cases where the ownership of these real estate objects is considered to have arisen by virtue of federal law, regardless of the moment of state registration of this right in the Unified state register of rights to real estate and transactions with it. Such information loses its temporary nature from the date of state registration of the right to the formed real estate object or other moment from which the right to the formed real estate object is considered to have arisen.

The object has been deregistered from the Russian register, what does this mean?

Accounting begins with the physical appearance of the object. If the developer has commissioned a residential building, each owner must register his apartment. If you built a private house yourself, you must do the same.

We bought part of a vegetable garden from our neighbors, thereby increasing our plot of land - be kind enough to visit Rosreestr. As part of cadastral registration, any property is assigned a personal number.

It is completely unique and is not repeated among other objects or in other regions of the country. This number cannot be changed; it remains with the object until it is removed from the cadastral register. Owners need accounting primarily to exercise their rights. After all, real estate without its registration in the cadastre cannot be sold, exchanged, and so on. You can't even get a certificate of ownership for it. In addition, the state cadastre is a source of various information.

Such an inspection report is drawn up by a certified cadastral engineer based on the results of an inspection of the location of a building, structures, premises, or unfinished construction site that has ceased to exist. The act confirms the fact of death or destruction of a specific property.

If it is necessary to remove a premises from the cadastral register, the cadastral engineer documents the fact of destruction of the part of the building in which the corresponding premises were located. To draw up inspection reports, the interested person, before contacting the cadastral authorities, must enter into an agreement for the preparation of the said document with a cadastral engineer who has a qualification certificate required for such work. The list of all Russian cadastral engineers who have passed the appropriate certification can be freely accessed on the Rosreestr website.

When preparing documents for a land plot or performing other transactions between real estate, a question may arise regarding the status of the object, which is indicated in the cadastral passport or extract.

It can be different - temporary, registered, previously registered, and often the status of an object is deregistered, which means the termination of its actual registration with the cadastral service and its indication on the cadastral map. The status of the object is regulated by the state.

Grounds for deregistration of real estate and legislative regulation of the process

It is not allowed to remove any object from cadastral registration without objective reasons, therefore there must be certain grounds for this.

How to independently remove land from cadastral registration? Read the link.

How to legally remove a property from the cadastral register? Watch the video:

These include:

• destruction of real estate as a result of various unforeseen situations, such as fire or other disasters;
• reconstruction of the building, which leads to the emergence of new premises;
• combining several objects into a single building, for example, a veranda was attached to the house, so it is required that not one building be registered, but two, so first the building is deregistered, and then it is re-registered, but now an extension is included in it;
• transfer of a communal apartment into a regular apartment, so previously each room was considered a separate living space, but now all rooms are combined into a single object;
• one building is divided into several separate buildings, so the object itself is deregistered, after which new elements are placed separately on it;
• plots of land are being detached;
• one large territory is divided into small areas;
• termination of temporary registration, which assumes that after the land has been registered in the cadastre, it is necessary to register ownership of it within a short period of time, and if this condition is not met, then after 2 years the property is forcibly removed from registration, therefore, without re-registration it will not be possible to register the property.

Important! Not only its immediate owners can apply to deregister a certain property, since neighbors whose rights have been violated often take the initiative.

Where to go with this question

The procedure is performed directly at Rosreestr, but you can contact this institution in different ways:

• using the Rosreestr website, for which you need to use the section of the resource called electronic services, but to send an application using this method together with other documentation, it is required that the applicant has an appropriate digital signature;
• a direct visit to the Rosreestr branch, and you need to choose the territorial representative office that is located at the address of the object that needs to be deregistered for some reason, and it is advisable to make an appointment on the organization’s website in advance, which will allow you not to waste a lot of time standing in line;
• the use of MFCs, and these centers are located in each region of the country in a convenient location, and are also considered convenient for cooperation, but the processing time for documents may slightly increase due to the presence of an intermediary;
• sending documents by mail, but in this case it is necessary to have copies certified by a notary, as well as use a valuable letter with an inventory of all the documents contained in it.

Important! Using the Rosreestr website, each applicant can check the status of his application at any time, for which he just needs to go to his personal account and find the section called request status.

Federal Law No. 221 contains information about this process, the rules for its implementation and features.

Cadastral registration

By cadastral registration we mean the entry by authorized bodies of the necessary data into the cadastre , which allows for the further identification of a property that will be subject to further registration.

The reasons why real estate may acquire the status of deregistration or cancellation may be the following:

• When an object ceases to exist as a result of its destruction by natural disasters.
• Its dismantling is in accordance with the law.
• When there is a change in characteristics considered unique, as a result of which the legal status of the object cannot exist in its previous form.

The reasons for changing individual characteristics may be the following:

1. Repair work or reconstruction of a capital structure, when, as a result of construction work, an extension is added, or changes occur in the building area of ​​a plot of land.
2. A land plot or permanent structure is divided into several new objects.
3. The merger of several premises, as well as land plots, into one common object.

An object of property may cease to exist in other individual cases not prescribed by federal law. Also, deregistration can be carried out by decision of a judicial authority .

Removal

ATTENTION! A plot of land refers to a property that must be registered in the state real estate cadastre.

The procedure for deregistration is the abolition of existing information about an allotment and its exclusion from the State Property Committee due to the cessation of its existence as an actual immovable object and ownership, including due to abandonment by the owner.

In what situations does the registration of a land plot in the cadastre cease:

• If all real estate, the data of which is submitted to the State Property Committee, until the moment of its registration in the Unified State Register, has the status of “temporary”.
• Before the expiration of the above period, any owner who has provided documents for registration of a land plot in the cadastre may apply to exclude the property from the State Property Committee.
• Deregistration occurs due to the transformation or cessation of existence of an immovable property. This happens within three days after the registration of property rights to new land plots formed from the previous object and the receipt of data from the registration chamber to the cadastral chamber.
• The deregistration status may be determined by a court decision.

If the right to own property has not been formalized within a five-year period, then the cadastral service automatically assigns the status “deregistered” and excludes it from the State Property Committee. Reasons for deregistration of land may be:

1. Changed boundaries of the allotment.
2. Merging or dividing a site into several objects.
3. In case of an error in the cadastre.
4. If due to this area it is impossible to carry out land surveying of another plot.

Inspection report

In this article we will consider the question of how to remove an object from cadastral registration

1. In what case is an object removed from cadastral registration?

Sometimes the owners of buildings and structures have a situation that the structure has been destroyed, destroyed, or has ceased to fulfill its purpose and needs to be dismantled and accordingly removed from the cadastral register. This type of cadastral work is called a survey report.

2. What is an Inspection Report

An inspection report of buildings, structures or unfinished construction projects is a document in which the cadastral engineer, based on the results of the inspection, confirms the cessation of the existence of the object due to death or destruction. Thus, the Survey Report is a document that allows you to make a decision on deregistration of an object previously registered in the State Real Estate Cadastre. The document is drawn up by a cadastral engineer - a specialist who goes directly to the site and has a valid qualification certificate. Only a specialist has the authority to give an opinion on the condition of the property based on a visual inspection and study of the documentation provided.

3. Sequence of paperwork

Step 1: the owner applies to the local administration with an application for the planned demolition

Step 2: within the time limits established by the regulations, receives a Notification of the planned demolition

Step 3: the owner carries out demolition work

Step 4: after completion of the demolition, the owner contacts a cadastral engineer who will prepare a document confirming the demolition - Survey Report

Step 5: with an inspection report and a statement about the completion of demolition, the owner again contacts the local administration

Step 6: Notification of completion of demolition will be received within the time limits established by the regulations.

Step 7: now that the owner has a notice of planned demolition and a notice of completion of the demolition, the cadastral engineer prepares the final version of the Survey Report, which the owner submits to Rosreestr through the MFC.

On the basis of this document, deregistration from cadastral and registration occurs.

4. Result of removal of an object from cadastral registration

That's it, the object ceased to exist. The result will be a deregistration record.

5. Special cases of preparing an inspection report

If a building is destroyed due to a fire, there is a document confirming this. The inspection report is prepared on the basis of this document and there is no need to receive notifications.

If a building is demolished by a court decision, the survey report is prepared on the basis of this decision and there is no need to receive notifications.

Where to order the service and cost

Our company will help you carry out work on removing the building from cadastral registration

The cost of the inspection report is from 5,000 rubles.

Production time – 5 working days.

To get advice or order cadastral work, call our hotline numbers 8-499-686-17-75 and 8-929-992-12-42, or leave a request on the website!

Documentation

In order for a land plot to no longer be registered in the cadastre, it is necessary to provide a package of documents, namely:

• A statement written according to the established template.
• A copy of the registration certificate in the Unified State Register confirming the property right to the land.
• Cadastral number and passport.
• Applicant's passport.
• An inspection report or a land management work report, which is drawn up by cadastral engineers with qualifications confirmed by certification. To compile it, certain documents are required.

Both the owner and a person acting under a notarized power of attorney can apply to the cadastral chamber. The application must specify the reason why it is necessary to deregister the land plot, and you will also need to attach a certain number of copies of the decision.

ATTENTION! To deregister a land plot, it must not have additional registered property rights.

What documents are required?

To remove a building from cadastral registration, the owner must prepare the necessary documentation for this. It includes the following documents:

• owner's passport;
• an extract from the Unified State Register or a certificate of ownership confirming that the applicant is indeed the owner of a certain property;
• a correctly formed statement;
• inspection report.

The procedure is carried out only on the basis of the information contained in the inspection report. It confirms that a specific object cannot be used further for its intended purpose for various reasons, therefore it is required to deregister it. The act is drawn up exclusively by a cadastral engineer.

The application is drawn up according to the Rosreestr form, so the form can be obtained directly from the branch of this institution. Employees of the organization must see that the application for deregistration of a property is signed by the direct owner.

Suspension or refusal

After the applicant’s application, the cadastral service can make several decisions:

1. Assign deregistration status.
2. Pause the procedure.
3. Refuse to satisfy the applicant's demands.

The period for consideration of the application with the attached package of necessary documents in the cadastre is 10 days from the date of its registration. The procedure is suspended if:

• There are no documents required in accordance with regulations governing cadastral registration.
• There is a discrepancy between the data on the plot of land in the cadastre, and there are also discrepancies in the applicant’s documents about its area or boundaries.

A decision is made to suspend the procedure, indicating the reasons, recommendations for correcting them, a list of missing documents or errors in the application. This decision is made for a period of up to 3 months. This time is given to eliminate existing shortcomings.

Deregistration of land will be refused if:

1. The property specified in the application is not subject to cadastral registration.
2. The reasons for the suspension were not eliminated within the established three-month period.
3. The application was written by an improper person, and also if the provided papers do not comply with the requirements of the law.
4. Transformation of this object is not allowed.
5. Documents are invalid due to expiration or are certified in an improper manner.

The decision to refuse indicates the reasons, as well as possible improvements to the errors.

Where to contact

You can submit your application and the required list of documents in several ways:

• On the Rosreestr website, however, it is necessary that the application contain an electronic digital signature, which is purchased at special certification centers.
• Through a personal visit to the Rosreestr organization.
• Through the multifunctional center, however, you must first check whether this service is available there.
• By mail. This option requires that all documents be notarized. They are issued as a registered letter with acknowledgment of receipt.

The Rosreestr website allows each applicant to track the stage of consideration of documents.

Application consideration period

In accordance with the law, the removal of a property occurs within the following established period:

1. Five working days after submitting the application to the registration authorities.
2. Seven working days if the application was submitted through the multifunctional center.

There is no need to pay state duty. After this procedure, the applicant is provided with an extract confirming that the object is no longer registered with the registration authorities.

If you receive a refusal, you can contact the court with a package of the following documents:

• Statement.
• Refusal of the authorities involved in deregistration of the object.
• Other documents confirming the circumstances noted in the application.
• Payment order or receipt for payment of state duty.

If the applicant receives a positive court decision, he can again apply to the registration authorities in order to deregister the real estate.

Assigning the status “object deregistered” is a simple procedure. It is mainly necessary to reduce taxation or to construct a new capital building.