Certificate of absence of property from an individual


Extract from the BTI - what is it, document structure

A certificate from the Bureau of Technical Inventory allows you to confirm the fact that real estate is assigned to a specific person (or, conversely, to refute it). It may also be required by legal entities. This paper can be obtained from any regional BTI. The information provided is taken from the unified real estate register.

If you need to obtain data on property registered throughout the Russian Federation, you will need to contact the national register. Regional offices can provide information only for their area.

You can request such a document regardless of whether the person owns the property or not. The Bureau will issue an extract to the following categories of persons:

  • citizens of the Russian Federation and their authorized representatives;
  • individual entrepreneurs;
  • judicial authorities and law enforcement agencies, representatives of other government agencies within the framework of their powers and upon the availability of a corresponding request.

Where are BTI documents issued and why are they needed?

The Moscow City Bureau of Technical Inventory (MosgorBTI) keeps records of the technical condition of real estate located in Moscow. Based on this information, various documents are issued that may be needed during real estate transactions (for example, when selling an apartment), registration of redevelopment, registration of ownership of real estate and privatization of real estate.

Features of obtaining a certificate from the BTI

At the same time, there are a number of difficulties and restrictions in obtaining a certificate from the BTI. The applicant can submit an application to the local BTI unit, which prepares the necessary documents, indicating the following points:

  • The information in the certificate contains only one BTI reference area. Most often, information is indicated only for one area and region of reference for a single subject of a region of the Russian Federation.
  • The certificate contains general information about the existence of property rights to land and capital construction projects. Separate information on objects is available only in an extract from the Unified State Register of Real Estate.
  • The BTI contains detailed information about real estate only since 1998; before this time, if local authorities provided information, it can be obtained from the Bureau itself; if not, you must contact local real estate departments.
  • You can also order a certificate of absence of invisibility from Rosreestr, but there you will receive information only after 1998. Until this time, there was no cadastral database in Russia.

Currently, there is no single mechanism in Russia for issuing certificates of absence of real estate. You can submit an appeal to both the local BTI and Rosreestr, if such a technical possibility exists.

Cost of information from the Unified State Register

The price of a certificate when applying in person to registration offices for individuals and legal entities will be 200 rubles and 600 rubles, respectively. The service of providing information from Rosreestr by mail is also estimated at 200 rubles. And receiving an extract by e-mail in electronic form will cost the applicant from 150 to 300 rubles. Thus, an extract from the registration chamber on the availability of property is paid insurance that will help protect participants in real estate transactions.

Type of serviceTerms of service provision and prices
1 day3 days
Extract from the Unified State Register of Real Estate for residential and non-residential premisesMoscow2500 rub.1500 rub.
Moscow region2500 rub.1500 rub.
Extract from the Unified State Register of Real Estate for a land plotMoscow2500 rub.1500 rub.
Moscow region2500 rub.1500 rub.

Certificate of real estate availability: why is it needed?

BTI are territorial representative offices of Rosreestr. A BTI certificate certifies factual information about the presence or absence of ownership of real estate, living space, etc. by a specific owner .

Obtaining information about a citizen’s real estate in any region of the country is possible only from the national cadastre. The regional BTI provides information only for its region.

Information: the document is handed over to the applicant even in cases where he does not own the property. The certificate is a document of a single sample about the presence or absence of real estate by the owner legally.

The BTI certificate refers to strict reporting documents and is issued on standard forms.

Who is eligible to receive

According to the law, the document can be issued to the following categories of applicants:

  • individuals (by proxy to their representatives);
  • individual entrepreneurs and legal entities;
  • government agencies (courts, law enforcement, etc.) in accordance with requests and solely within the framework of legislative powers.

For what purposes is a real estate certificate required?

How to get a certificate from the BTI and what is it for? We list the cases in which such a document is necessary:

  • execution of an agreement on the privatization of residential space;
  • obtaining a mortgage for an apartment;
  • registration of state subsidies to improve housing conditions;
  • making other transactions for an apartment, living space, etc.

Important: no real estate transaction is possible without official documents from the BTI.

How long is the certificate valid and its expiration date? This question can be answered this way. Depending on the purpose of the document, the validity period of certificates may vary: from 5 days to one year. The technical passport as a BTI document has no expiration date; it is unlimited.

Reasons for refusal to issue a certificate

The reason for refusal may be different cases. Mainly:

  • missing documents or data errors; lack of information in Rosreestr;
  • unpaid state duty;
  • if the request is sent from an outsider.

Only the person in whose name the property is registered can receive the certificate.

Important! If the authorities refuse to issue certificates, this action of the state authorities can only be appealed in court. Obtaining a refusal in this case is possible only in rare cases.

Application Format

In Russia, several application schemes have been developed to obtain a certificate of absence or availability of real estate.

  1. BTI. A certificate can be obtained regarding the availability of real estate as of January 1, 1998. In some regions of Russia, the BTI may issue a certificate of availability of property even after this period, if the data has not been transferred to Rosreestr.
  2. State Services Portal. Each region has the option of obtaining a certificate through the State Services portal. To obtain the document, a detailed procedure for obtaining the document will be indicated. You must have your passport with you, as well as a receipt for payment of the state fee.
  3. MFC, you need to visit the “My Documents” office, fill out an application and receive a certificate.
  4. The validity period of the document is around 14-30 days from the date of issue by the official authority. This fact must be taken into account if you need to provide data to carry out legal or other actions on the part of government authorities.

What will you need to obtain BTI documents?

To receive documents issued by MosgorBTI, you need to prepare a package of documents. These include:

  • an application if an individual is applying, or a letter of guarantee if a legal entity is applying (there are samples of these documents on the MosgorBTI website);
  • identification document;
  • title documents. They do not need to be submitted if the basic register contains the necessary information;
  • when applying by a proxy - a notarized power of attorney and an identification document of the representative;
  • additional documents or information - in some cases.

The following are not needed when registering: certificates on the condition of housing and non-residential facilities in the city of Moscow for the accounting city block and certificates about the housing and non-residential facilities in the city of Moscow for the accounting city block.

Sample application to the BTI for the provision of information

In order to correctly fill out a request for a relevant certificate, extract and other document from the BTI, it is necessary to take a standard application form as a template.

Don’t worry, you won’t have to write a lot and for a long time, since only half of the request is filled out by the applicant, and the other half by the BTI employee.

How much does it cost to coordinate the redevelopment of an apartment in the BTI, see the article: how much does it cost to redevelop an apartment in the BTI.

It is really important to carefully familiarize yourself with the template and enter exclusively personal information without “touching” other people’s fields.

In general, an application to the BTI to obtain specific data covers the following aspects:

Applicant informationyou need to enter your passport details (number, series, when and by whom the document was issued), full name, address of permanent place of registration, address of actual place of residence, e-mail, and telephone number
Real estate informationIt is necessary to provide in the request form the exact postal address, location of the property, as well as its cadastral number.
The main purpose of acquiring information from the BTIIt is imperative to indicate the exact purpose of the extract, certificate or other document (for example, for state registration of property, entry into inheritance rights, etc.).
datethe current date is indicated, placing orders on the previous or previous date is prohibited
Applicant's signatureoptimally if the signature matches the one presented in the passport.

When filling out an application to the BTI, it is really important to be as careful and attentive as possible.

Any amendments, errors, corrections, as well as going beyond the lines may cause the need to re-issue a new document form.

Request for registration of ownership

In order to obtain a certificate of ownership of a property, you will have to try to collect a package of relevant documentation.

The exact list may vary depending on the requirements of the BTI and the circumstances of the applicant’s situation. Despite this, the basic documents are considered:

Title Documentation

character

on the basis of which a person acquired the right to own real estate (a document on entry into inheritance rights, a court decision, a purchase and sale agreement, etc.). During the application process, you also need to submit original documents to the BTI, which will be returned together with the property registration document. Together with the original documents, notarized copies are submitted, which will later be filed with the case materials in the BTI
Applicant's passportWhen filling out the application, you need the original ID, as well as copies of the document in high quality (pages 1 to 2, as well as registration)
Individual taxpayer numberThe document is needed both in original and scanned form.
Technical passport of real estate undergoing registrationin advance, it is necessary to transfer a copy of the document, certified by a notary, and hand it, together with the original, to the BTI employee

Upon completion of the procedure for checking the provided package of documentation for completeness and compliance, the person responsible for registration accepts them and in response provides a receipt for payment for BTI services.

It is still impossible to make a payment directly at the bureau, which means you will have to visit the nearest bank branch.

The payment receipt issued by the bank employee after payment must be kept. It is attached to your file and certifies the fact of payment for BTI services.

Request for a registration certificate

In case of contacting the BTI for the purpose of registration and issuance of a technical passport, it is necessary to provide the appropriate package of documentation about a certain real estate and its owner:

Documentationcertifying ownership, as well as certifying the fact that the owner of the property has no debt for utility services (provided at the office of the management company or at the local housing office)
Application for a technical passportIf such a document is available, a request may be submitted to issue a new document or to correct technical blemishes in the current registration certificate

A technical passport is the most important document for real estate.

Consequently, the procedure for producing and issuing such a document is very lengthy.

It is prohibited to make typos, blots in the document, or enter false data.

Request for a certificate of ownership under a deed of gift

If you were given a certain real estate as a gift, you need to register it correctly.

For this purpose, you can visit the local BTI branch, providing the registrar with the following documentation:

  • documents of title to real estate;
  • receipt for payment of BTI services;
  • request for a certificate of ownership;
  • passport of a Russian citizen;
  • deed of gift for a plot of land, apartment or house.

If you do not know the rules for filling out an application on this issue, an information stand with templates or one of the office employees will help with this.

Real estate state registration of rights to real estate

Advice from lawyers:

1. In the application form (Appendix No. 1, Order No. 920) for state cadastral registration of real estate and (or) state registration of rights to real estate of an apartment purchased with a mortgage, in paragraph 6 (in terms of state registration of rights to register), indicate paragraph transfer of rights or restrictions on rights and encumbrances of a property? Is it necessary to list all documents in paragraph 13? Thanks in advance.

1.1. An employee of Rosreestr should explain to you the procedure for filling it out, or you can contact a specific lawyer or lawyer from this site to fill out the appropriate form (taking into account all the circumstances of the transaction). Sincerely, lawyer in Moscow - Stepanov Vadim Igorevich.

Did the answer help you?YesNo

1.2. Come with the documents to the MFC and there the employee will fill out the application form and list, print it out and have you sign it.

Did the answer help you?YesNo

Consultation on your issue

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2. Please explain the essence of paragraph FZ-218: “State registration of rights in the Unified State Register of Real Estate is the only evidence of the existence of a registered right. The right to real estate registered in the Unified State Register of Real Estate can only be challenged in court.” What does this mean that if I have a certificate from the 90s for the land, if I actively use it, I do not have the right to it?

2.1. Hello. You have the right. Sincerely.

Did the answer help you?YesNo

3. In connection with changes in legislation on the registration of rights to real estate (state registration of the emergence and transfer of rights to real estate is certified by an extract from the Unified State Register of Rights), how can I protect myself from the sale of my apartment by fraudsters using a false power of attorney? (There was a call from Sberbank. They demanded to provide a purchase and sale agreement. They say they made a mistake)

3.1. You can submit a written application to Rosreestr that the registration of the transfer of ownership should not be carried out by power of attorney, but only in your personal presence.

Did the answer help you?YesNo

4. Please kindly advise me whether I can obtain a certificate of rights to real estate of third parties at the address of the property in the BTI (about rights to real estate before the Law of the Russian Federation “On State Registration of Rights to Real Estate and Transactions with It” came into force

4.1. Good day. Of course, you need to contact Rosreestr to obtain a certificate, and BTI information only until 1998. Good luck to you in resolving your issue.

Did the answer help you?YesNo

4.2. Hello. If you need information before 1998, then you can get such a certificate from the BTI, if after 1998, then from the Rosreestr. All the best.

Did the answer help you?YesNo

5. The authorities carrying out state registration of rights to real estate and transactions with it did not inform the tax authority about the alienation of the real estate of citizen Ch. The tax authorities assessed Ch. tax for this real estate. 1.Which tax norms were violated and by whom? 2. Indicate the deadlines for providing such information under the Tax Code of the Russian Federation.

5.1. Good afternoon. The Unified State Register is not obliged to transmit data on the alienation of property by a citizen. A citizen is obliged to independently come to the tax office and submit a tax return 3 personal income tax.

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6. A new law on real estate registration has been issued. In this regard, I have a question - in my certificate of ownership of a land plot (registered in 2012), in the last paragraph it is written: ... about what registration entry No. was made in the Unified State Register of Rights to Real Estate and Transactions with It (date) ... Do I need to document anything to change or re-register my property?

6.1. A new law on real estate registration has been issued. In this regard, I have a question - in my certificate of ownership of a land plot (registered in 2012), in the last paragraph it is written: ... about what registration entry No. was made in the Unified State Register of Rights to Real Estate and Transactions with It (date) ... Do I need to document anything to change or re-register my property? No no need.

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7. I am going to register real estate and land in another region through a notary. In the Application Form for state registration of the right to real estate, transactions with it, restrictions (encumbrances), transfer, termination of the right to real estate, can I fill out an application for two objects at once or do I need to fill out two separate applications for each real estate object?

7.1. Good night! An application for state registration of the right to real estate, transactions with it, restrictions (encumbrances), transfer, termination of the right to real estate is filled out for each property separately. GOOD LUCK TO YOU!

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8. I am purchasing real estate with a mortgage in the amount of 1 million rubles, with a mortgage. The bank puts forward a condition - mandatory title insurance. But I don’t want to insure, because... there is a law “On state registration of rights to real estate and transactions with it”, Article 31.1. Do I have the right to renounce my title?

8.1. You have the right, but because of this you may not be given a mortgage.

Did the answer help you?YesNo

9. Question on canceling certificates of state registration of ownership of real estate. What if the property was purchased before 1998 and the Certificate has not been issued? What to do in this case?

9.1. Cancellation of certificates? No, we haven't heard. And if the certificate is not formalized, you need to go and bring it into compliance - formalize it.

Did the answer help you?YesNo

10. We received a letter saying that, on the basis of clause 3 28 of the Federal Law of July 21, 1997 No. 122-FZ On State. registration of rights to real estate and transactions with it notify us that from April 6. 2016 was carried out by the state. registration restriction of rights: prohibition on a property. Those. an apartment that is under mortgage, what does this mean?

10.1. Hello! This means that an encumbrance has been placed on the apartment; you cannot sell it, mortgage it, donate it, etc.

Did the answer help you?YesNo

11. We want to get a plot for a child’s disability. We found a site that was temporarily certified and made an extract from the Unified State Register. This is what it says there: it notifies you that the Unified State Register of Rights to Real Estate and Transactions with It does not contain the information you abandoned. The right of claim is also written: documents for state registration have been submitted in relation to the specified property. What does this mean?

11.1. Federal Law of July 13, 2015 N 218-FZ (as amended on December 30, 2015) “On State Registration of Real Estate” Article 37. Rules for making entries in the Unified State Register of Real Estate about the existence of legal claims, rights of claim in relation to the registered right 1. When submitting an application on the state registration of rights, restrictions on rights and encumbrances of a real estate object, a transaction with a real estate object, a record of this application is made in the Unified State Register of Real Estate, which indicates the existence of a legal claim in relation to such a real estate object. 2. In cases where the right to a piece of real estate is disputed in court, a record is made in the Unified State Register of Real Estate within no more than five working days from the date the relevant application is received by the rights registration authority stating that a right of claim has been declared in relation to such right specific person. 3. An entry contained in the Unified State Register of Real Estate about the existence of a judicially declared right of claim in relation to the registered right to a real estate property in the absence of other reasons preventing the state registration of rights to it, is not a basis for suspending the state registration of rights to it and refusal to implement it, unless otherwise provided by federal law.

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12. What date to put in the donation agreement:... The land plot belongs to the Donor on the basis of the Real Estate Donation Agreement dated 01/26/2016, about which registration entry No. was made in the Unified State Register of Rights to Real Estate and Transactions with It on 02/03/2016 ..., which is confirmed by the certificate of state registration of rights No. ... dated..? (set the date of issue of the certificate or the date of registration?)

12.1. There is one date in the deed of gift, put it there, other documents have different dates, put them as they are. There is no need to invent anything... Contract date. Registration date. Date of issue of the certificate.

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13. Only in human language and not in legal language: I received a letter at home, now it says: based on clause 2, Article 13 of the Federal Law of July 21, 1997 No. 122-FZ on state registration of rights to real estate and transactions with We notify you that on February 8, 2020, a state registration of restrictions (encumbrances) of rights: other restrictions for No. 59-59/017-59/017/2016-66/2 on the property. Please explain - decipher what and why?

13.1. This means you cannot sell your property. This was due to debts imposed by bailiffs or the court.

Did the answer help you?YesNo

13.2. Hello! A lien has been placed on the property, you may have a lawsuit in which a lien has been filed. There is nothing wrong with this, you can live in the apartment, but in any case you need to clarify who has imposed the encumbrance and for what reason.

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Consultation on your issue

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14. Please, can I participate in the privatization of an apartment if I have a State Certificate. registration of the right, the basis of which is: Contract of purchase and sale of a state-owned land plot on which a real estate object acquired into ownership by citizens and legal entities is located. persons from... No..., And the property on this site was BOUGHT by me.

14.1. Good evening, you have the right to privatization.

Did the answer help you?YesNo

14.2. YOU are already the owner and you do not need privatization.

Did the answer help you?YesNo

14.3. Hello! Yes, you have the right. Since owning real estate does not deprive the right to privatize a municipal apartment.

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15. If the power of attorney states to submit applications and other documents on my behalf, ... to register all the necessary rights and documents with the authorities that carry out state registration of rights to real estate and transactions with it, I will be able to sell the real estate after receiving the certificate. Thank you.

15.1. No, you need a special power of attorney for the right to dispose of property.

Did the answer help you?YesNo

15.2. Hello. If the power of attorney stipulates the right to sell, then you have the right.

Did the answer help you?YesNo

15.3. No, you can't. The power of attorney for sale must state that you are authorized to sell the property, register the transfer of ownership, and receive registered documents.

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16. Please clarify how to understand the provision of Federal Law No. 122: The right to real estate that arose before the entry into force of the Federal Law is recognized as legally valid in the absence of its state registration introduced by this Federal Law. The garage was built with the permission of the railway manager in 1974 in the right of way, but was not registered with the BTI. Does the creation of a right relate to this property? Thanks for the answer.

16.1. Yes applies if the Federal Law came into force after 1974. In general, the right to this property through the court - since it has been in use for more than 10 years based on long-term ownership.

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17. Certificate of state registration of rights to real estate dated March 12, 1998, issued in a single copy to two owners. In the case of selling this property, is such a certificate valid and is a technical and cadastral passport from the BTI necessary when selling for cash?

17.1. If an entry has been made in the Unified State Register, then it is not necessary. Information about making an entry in the Unified State Register is in the text of the certificate.

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18. If dad inherited real estate, the apartment is 1/4. from what moment is the period of ownership of real estate calculated: from the moment of receipt of a certificate of the right to inheritance according to the law on July 25, 2008; from the moment of receipt of the certificate of state registration of rights to real estate on June 18, 2009; from the date of death of the testator?

18.1. According to paragraph 4 of Art. 1152 of the Civil Code of the Russian Federation, an accepted inheritance is recognized as belonging to the heir from the date of opening of the inheritance, regardless of the time of its actual acceptance, as well as regardless of the moment of state registration of the heir’s right to inherited property, when such a right is subject to state registration. The day of opening of the inheritance is the day of death of the testator (Article 1114 of the Tax Code of the Russian Federation). Thus, ownership of property is calculated from the date of death of the testator.

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19. My mother and her sister have a certificate of the right to inheritance under a will. Can they make real estate transactions based on this document? Or do they have to have a certificate of state registration of the right to this real estate?

19.1. Elena! They must register their right, after which they can make transactions.

Did the answer help you?YesNo

20. Are the documents listed below sufficient for an individual to register rights to a property in accordance with the Law on State Registration of Rights to Real Estate and Transactions with It? - application for registration of rights - identity card - documents on rights to real estate - document about payment of registration.

20.1. You also need to obtain a cadastral passport from the PIB. Certificate of real estate, if not, then a document confirming ownership. It is advisable to secure yourself with a certificate of composition seven, to find out whether the property is under arrest. Good luck!

Did the answer help you?YesNo

What was the procedure for registering rights to real estate before the adoption of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated 21.

Please tell me what is the minimum time frame for registration of documents for real estate (apartment)

I have a certificate of ownership of an old-style apartment dated 1993.

Is there an expiration date for the document? Extract from the Unified State Register of Urban Development Objects (real estate objects)

Please explain what the words mean in the extract from the unified state register of rights to real estate and transactions with it “legal claims:

We are planning to purchase several real estate properties (we are a legal entity)

The enterprise owned real estate by right of ownership even before the law on state ownership came into force.

In accordance with Art. 131 of the Civil Code of the Russian Federation, the right to real estate is subject to state law.

Dear Malykh Andrey Arkadyevich! You answered my question No. 203663. Only now I realized that I posed the question somewhat incorrectly.

In the institution of justice for state registration of rights to real estate

In the institution of justice for state registration of rights to real estate

The procedure for obtaining a document from the BTI

You can obtain a certificate for inheritance about the availability of property, the acquisition of living space, real estate, etc. directly from the local BTI. You will need to prepare and submit the following list of documents:

  • passport;
  • power of attorney, if the procedure is entrusted to a trusted person;
  • from married citizens, a registration certificate;
  • birth or adoption certificate of minor children;
  • upon entering into an inheritance - a request from a notary about inheritance rights;
  • original payment document confirming payment for the cost of bureau services.

All documents are submitted in originals, followed by making copies to complete the registration case.

For the convenience of citizens, it is possible to receive the document by mail. For this purpose, you should write a written request and attach copies of the above documents, except for the confirmation document on payment for services (the original will be sent).

Both the applicant himself and his representative can obtain information about the property on the basis of a power of attorney.

Important: The law prohibits the issuance of information about other people's real estate objects of other citizens and legal entities. The applicant has the right to obtain information only about his legal real estate.

You can receive the document on the day of submitting the application after paying the cost of the service.

Option to obtain a certificate through the MFC

Single window services, the so-called multifunctional centers (MFCs), have appeared relatively recently in Russian cities. MFCs are convenient because a person has the opportunity, without leaving one building, to receive a variety of services for paperwork, including from the BTI.

A single terminal, fast service, and time savings make MFC services attractive to consumers. The only negative is that they are not yet available in the outback and therefore applicants are forced to contact the BTI directly or by mail.

How to obtain a BTI certificate from the MFC

To prepare a document from the bureau, you must contact the office of the multifunctional center nearest to you, having previously made an appointment by phone. You also have the right to consult with a specialist in advance on any issue.

Some centers do not have a pre-registration service; in this case, you need to come to the department and get an electronic queue coupon; all information can be clarified at the reception desk.

Order through State Services

Using the State Services website, it is possible to order certificates. There you can leave a request for a technical passport, floor plan, document about the address of the property and a certificate of inventory. The disadvantage of applying online is that the processing of the application begins after payment of the fee.

First you need to register on the site if you don’t already have a personal account. Then find your city. If it is not on the list, it means that such a service is not available in your city. You will have to contact the institution itself. If such a service is available, then the application must indicate personal data and contact information. After this, you need to pay the state fee. Receiving paper via the Internet greatly simplifies the entire procedure.

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