Documents required for registration of the building. How to put a non-residential building, structure or object of construction in progress on cadastral registration? Suspension of consideration of the application or denial of registration

What objects are put on cadastral registration is a question that interests many property owners. People often do not know whether it is necessary to register property with Rosreestr. As a rule, this applies to small areas or structures that are located in the MTS or other formations.

To answer the question, it is important to understand the essence of cadastral accounting. This term refers to a process aimed at registering a property subject to a description of its parameters and features. After registration, the property acquires a legal form, and its owner can carry out various actions with it - sell, lease and solve other problems. What does the legislation say? What real estate and land must be registered? What paperwork is required for this? We will consider these and other questions in more detail.

Federal Law No. 221 states that all real estate objects are subject to cadastral registration. This requirement applies to all types of property - residential and non-residential buildings, as well as land. At the same time, the registration process is regulated at the legislative level. This means that with the right approach, all issues can be resolved independently.

What is put on the cadastral register - land and real estate

The Civil Code of the Russian Federation (Article 130) states that the concept of real estate includes structures that are inextricably linked with a land plot. The main feature of such structures is the impossibility of transferring to another place without damage. Such a structure cannot be displaced so as not to impair the possibility of its use for its intended purpose. To the question of what is put on the cadastral register, many experts simply answer - all objects that have a foundation.

Land plots, which are also subject to registration with Rosreestr, are no exception. But there are exceptions here:

• memory, which are used for state needs. This category includes allotments that are used by the Armed Forces of the Russian Federation or the FSB.
• ZU related to nature protection regions. This category includes parks and reserves. This includes other objects of historical value.

What property should be registered with the cadastre?

We single out real estate, which is subject to mandatory cadastral registration:

• Newly created land plots are allocated or newly formed allotments.
• ZU that appeared during the division of land or the allocation of a share from it. In such a situation, the old allotment ceases to exist, and new ones are registered in accordance with the requirements of the law.
• New buildings. First, a person receives permission to erect a building, after which the structure is put into operation, and then it is registered.
• Converted and restored property.
• Unfinished capital construction projects.

Documents for cadastral registration of real estate objects

To successfully complete the procedure, the applicant must collect the necessary package of papers and transfer them using one of the available methods. The most important documentation is:

1. Landing plan. This is a mandatory paper that is required when registering a land plot (in whole or in a certain part). Copies of documentation are attached to it, testifying to the coordination of the boundaries of the memory with all neighbors. The last requirement is obligatory if, according to the law, such an agreement cannot be dispensed with.
2. Technical plan. It is created in relation to the entire object or to a specific part. Including such paper is needed for unfinished structures. In some cases, permission to enter is required, which is requested by the authorized body without the help of the client.
3. Survey report. This paper is required if the applicant asks to deregister the property, for example, in the event of a complete destruction of the building.
4. Documents officially confirming the rights of the applicant. This is true if the representative transfers the papers. This will require a certificate from a notary public.
5. Plan-map for the land plot.

Also, for the cadastral registration of real estate, the following documents may be required:

• Title papers for the object. Necessary in the case when the authorized bodies do not have information about the owner.
• Documentation confirming the legal rights to the share of the memory, the entire allotment or real estate.
• A document that classifies a property into a particular category. If necessary, the cadastral authority requests this paper. In practice, it is rarely needed.
• Documentation confirming the right to use the memory.
• Papers certifying changes made to the whole property or part of it.
• Land survey project (copy certified by local authorities).
• Documentation confirming the assignment of real estate to a specific address.
• Other papers

Before you put the building on the cadastral register, it is important to clarify the requirements for the documentation package with the authorized body. They may vary depending on the type of land that is subject to registration. In particular, for the registration of land, residential or non-residential real estate, the package of documents, although slightly, differs.

How to put a building on cadastral registration - instructions

The general algorithm of actions involves the passage of the following steps:

• Collection of the documents discussed above, taking into account the characteristics of the object (land or structure).
• Transfer of papers to the cadastral authority or intermediary organizations by any of the available methods.
• Obtaining a decision to issue an extract or denial of a service.

Ways to submit papers for cadastral registration

There are several options for submitting an application and documentation:

• Through the official resource of Rosreestr. To do this, we go to the site of the cadastral authority, submit an application and send papers via the Internet (online). The application is made in an interactive form, which simplifies the process for the miner. The main requirement in this case is the use of EDS.
• MFC. If there is a multifunctional center nearby, it is worth making an appointment and bringing documentation here. In this case, papers can be issued with the help of an employee of the organization. In this case, the probability of making a mistake is reduced. But it is worth considering that not all MFCs provide such a service. Therefore, this nuance is recommended to be clarified in advance.
• Cadastral Chamber. For conservative citizens, the option with a personal visit to the registration authority is suitable. To avoid time delays, it is better to immediately prepare documents for cadastral registration, as well as make an appointment. This can be done through the Rosreestr resource or by dialing the number of a single call center.
• By mail. If none of the proposed options fit, you can send papers using postal services. In this case, an inventory of the investment is required, as well as a notification of acceptance of the securities by the authorized body.

In the future, you can control the process of consideration of the application via the Internet. To do this, you need to go to the Rosreestr resource, and then go to the section for checking the request status. Information is provided in any case, regardless of the method of transferring documents - online, by mail or in person (through the MFC or to the cadastral authority).

Treatment result

If there are no problems with the documentation and the property, the cadastral authority issues a document on registration within up to 7 days (depending on the method of transferring the papers). The presence of any inaccuracies or lack of documentation leads to the fact that the period for the provision of the service may be delayed. The result of the service is the issuance to the applicant:

• Cadastral passport (when registering an object for the first time).
• Extracts on the property being checked with information about it (when making changes).
• Extracts on the share of property that was registered in Rosreestr. Here new information about the object (its part) is indicated.
• Statements regarding property that has ceased to exist.

Knowing how to put the building on the cadastral register, what documents are needed for this, and which of the objects are subject to registration, it is possible to speed up the procedure and fulfill all the requirements of the law.

List of documents for cadastral registration of structures (linear real estate objects)

In accordance with the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Law), the following cadastral procedures are provided for linear real estate objects:

1) state cadastral registration of linear real estate objects;

accounting for changes in linear real estate objects (including accounting for changes or deregistration of a part of a real estate object, accounting for the address of the right holder, accounting in connection with the correction of a cadastral error);

2) entering cadastral information into the state real estate cadastre in accordance with documents received in the course of information interaction (regulated by Article 15 of the Law);

3) deregistration of linear real estate objects;

4) entering information about previously recorded linear real estate objects.

Documents required for state cadastral registration of linear real estate objects:

1) an application for state cadastral registration of an object of registration, drawn up in accordance with the requirements of the order of the Ministry of Economic Development of Russia dated September 30, 2011 No. 529 “On approval of the forms of applications for state cadastral registration of real estate”;

2) dated November 23, 2011 No. 693 "On approval of the form of the technical plan of the structure and requirements for its preparation"or a copy of the permission to put the property into operation;

3) a document confirming the relevant powers of the applicant's representative (if the application is submitted by the applicant's representative).

In accordance with part 2 of article 20 of the Law, the owners of such real estate objects or any other persons may apply for registration of real estate objects.

Documents required for accounting for changes in linear real estate objects:

1) an application for state cadastral registration of changes in a real estate object, drawn up in accordance with the requirements of the Order of the Ministry of Economic Development of Russia dated September 30, 2011 No. 529 “On approval of application forms for state cadastral registration of real estate”;

2) technical plan of the structure, the form of which is approved by the Order of the Ministry of Economic Development of the Russian Federationdated November 23, 2011 No. 693 “On approval of the form of the technical plan of the structure and requirements for its preparation”;

3) a document confirming the relevant powers of the representative of the applicant (if the application is submitted by the representative of the applicant);

4) a copy of the document establishing or certifying the applicant's right to the relevant real estate object (in the absence of information about the registered right of this applicant to such a real estate object in the state real estate cadastre).

Technical plan and documents on the basis of which the technical plan is prepared.

In accordance with part 1 of article 41 of the Law, a technical plan is a document that reproduces certain information entered in the state real estate cadastre (hereinafter referred to as the State Property Cadastre), and indicates the information about the construction necessary for registering such a property, or information about a part or parts of such a real estate object, or new information necessary for entering into the State Property Committee on such a real estate object to which a cadastral number has been assigned, in the event of cadastral work, as a result of which documents are prepared for submission to the cadastral registration authority of an application for recording changes in such a real estate object ( part 2 of article 41 of the Law).

The technical plan consists of graphic and text parts (Part 3 of Article 41 of the Law).

In the graphic part of the technical plan of the structure, information is reproduced cadastral plan the relevant territory or cadastral extract on the relevant land plot, as well as the location of such a structure on the land plot (Part 4 of Article 41 of the Law).

The location of a structure on a land plot is established by determining the coordinates of the characteristic points of the contour of such a structure on the land plot (Part 6 of Article 41 of the Law).

The text part of the technical plan shall indicate the information necessary for entering into the State Property Committee in the amount established by the body of legal regulation in the field of cadastral relations, as well as information about the geodetic basis of the cadastre used in the preparation of the technical plan for the construction (part 7 of Article 41 of the Law).

Information about the construction, with the exception of information about the location of such a property on the land plot, the building area, the area of ​​such a property, is indicated in the technical plan on the basis of the cadastral works submitted by the customer of the design documentation for such a property, issued before 07/13/2015 permission to commission such objects real estate in operation or produced before 01/01/2013 technical passport of such a property. If at the time of the cadastral work there is no possibility of visual inspection (observation) of the underground structural elements of the structure to carry out the measurements necessary to determine the location of the relevant property on the land plot, along with the project documentation, it is allowed to use executive documentation, the maintenance of which is providedpart 6 of article 52 Town-planning code of the Russian Federation. If, in the cases provided for by the legislation in the field of urban planning, it is not required to produce project documentation or make a decision to put the construction object into operation, the relevant information is indicated in the technical plan on the basis of a declaration drawn up and certified by the owner of the property.

If a structure, the construction of which was carried out before the entry into force of the Town Planning Code of the Russian Federation, permits and (or) project documentation for which the technical plan of such a structure was irretrievably lost, can also be issuedon the basis of a declaration of a real estate object, subject to justification preparation of a technical plan on the basis of a declaration in the section “Conclusion of a cadastral engineer”, as well as confirmation of the fact of loss (regardless of the reasons, for example, details of the answers of organizations authorized to store permits, state authorities, local authorities authorized to issue a construction permit and/or input in operation of the facility that the provisions of paragraph 8 of Article 41 There are no legal documents at their disposal). Copies of these documents are included in the application of the technical plan

The declaration form of a real estate object and the requirements for its preparation were approved by Order of the Ministry of Economic Development of Russia dated 13.12.2010 No. 628 “On approval of the declaration form for a real estate object and requirements for its preparation”.

In relation to the created real estate object, the declaration is drawn up and certified by the owner of the land plot on which such a real estate object is located, or by the state authority authorized to provide land plots, by the local government body, in relation to the ownerless real estate object - by the local government body on whose territory such an object is located real estate. This declaration is attached to the technical plan and is an integral part of it.

If the construction, reconstruction of a structure in accordance with the legislation of the Russian Federation does not require the issuance of a permit for its construction, reconstruction and in accordance with the Land code The Russian Federation is allowed to place such a structure on lands that are in state or municipal ownership, without providing a land plot or establishing an easement, information about the structure, if such a structure is a real estate object, with the exception of information about its location on a land plot or lands located in state or municipal property, are indicated in the technical plan on the basis of the cadastral works submitted by the customer of the design documentation for such a structure and a document confirming the technical acceptance of the facility for operation, if the development of design documentation and such acceptance are provided for by the legislation of the Russian Federation. When reflecting in the technical plan information about the location of a structure on a land plot or lands that are state or municipal property, the boundaries of the territory are additionally reflected if the structure is located on lands that are state or municipal property, in accordance with the coordinates of the characteristic points of the boundaries of such a territory, specified in the act of the local government or state authority, allowing the placement of this structure, a copy of which is included in the annex to the technical plan (part 8 of article 41 of the Law).

In accordance with part 9 of article 41 of the Lawthe technical plan is prepared in the form of an electronic document and is certified by an enhanced qualified electronic signature of the cadastral engineer who prepared such a plan.

The information to be entered into the State Property Committee in relation to the real estate object in the manner of information interaction, as well as the documents necessary for such entry, are regulated by Article 15 of the Law.

Documents required for deregistration of linear real estate objects:

1) an application for removal from the state cadastral registration of a real estate object, drawn up in accordance with the requirements of the Order of the Ministry of Economic Development of Russia dated September 30, 2011 No. 529 “On approval of the forms of applications for state cadastral registration of real estate”;

2) act of inspection of the structure, the form of which is approved by the Order of the Ministry of Economic Development of the Russian Federationdated December 13, 2010 No. 627 “On approval of the form of the survey report and requirements for its preparation”.

In accordance with Part 6 of Article 20 of the Law, the owners of such real estate objects, as well as the owners of land plots on which such real estate objects were located, have the right to apply for deregistration of buildings, structures, premises, objects of construction in progress.

The survey report and documents on the basis of which the survey report is prepared.

The inspection act is a document in which the cadastral engineer, as a result of inspecting the location of the structure, taking into account the available cadastral information about such a property, confirms the termination of the existence of the structure due to the death or destruction of such a property (Part 1 of Article 42 of the Law).

The survey act is prepared in the form of an electronic document and is certified by an enhanced qualified electronic signature of the cadastral engineer who prepared such an act. The survey report, if provided for by the contract, is also prepared in the form of a document on paper, certified by the signature and seal of the cadastral engineer who prepared such an act (Part 2 of Article 42 of the Law).

Documents required to enter information about previously recorded linear real estate:

1) an application for entering information about a previously registered property, drawn up in accordance with the form provided in the letter of Rosnedvizhimost dated 03/25/2008 No. VK/1376;

2) a document confirming the previously carried out state registration of a previously recorded real estate object or state registration of ownership of it and submitted by the relevant state authorities, including the body that carries out state registration of rights to real estate and transactions with it, local governments or bodies and organizations for state technical accounting and (or) technical inventory to the cadastral registration authority.

Also, information about a previously registered property can be entered as part of a request for information on the property of interest, drawn up in accordance with the form approved by the Order of the Ministry of Economic Development of Russia dated February 27, 2010 No. 75 “On establishing the procedure for providing information entered in the state real estate cadastre” on the basis of the information at the disposal of the cadastral registration authority contained in the accounting and technical documentation on the objects of state technical accounting and technical inventory.

According to the legislation, any real estate is subject to state registration and accounting in a special register. Based on the results of such work, the property receives a unique number, which subsequently does not change or repeat. Data on structures and land plots are located in the State Cadastre, and the information itself is available to everyone upon request. Let's consider how to put an object on cadastral registration, what objects are subject to registration, and what documents will be required to solve the problem of registering property in the State Property Committee.

Registration of a building or land plot is an opportunity to fix the ownership of the property. After entering the information in the register, the state confirms the fact that the premises or the memory belong to a certain person. In this case, you can get information about the location of the property and the amount of tax. In practice, registration is the main stage of state registration of rights to an allotment or structure.

Which buildings need to be registered?

Detailed information on property subject to registration is discussed in Federal Law No. 218 (Article 1, Clause 7). The rules state that the state register takes into account objects that cannot be transferred without losing their intended purpose. For buildings, the main criterion is the presence of a foundation.

Before putting a room or other object on cadastral registration, it is important to understand the relevance of this process:

• Allotment of land. If the memory is in municipal or state ownership, it is taken into account on the basis of the boundary plan. Title papers are also required for registration.
• Residential property (including multi-apartment). A technical plan is required for registration of a structure. If we are talking about a new building, it is taken into account in the complex, with the apartments located in it. If the house is owned by several people, registration is possible with the consent of all owners.
• Rooms, apartments and accommodation. Such objects are required to be put on the cadastral register in the presence of 2 "symptoms" - isolation and isolation.
• House and other buildings on the summer cottage. The main structure is considered to be a house, for which it is required to prepare a technical plan and a declaration on OH from the standpoint of individual housing construction. As for the rest of the buildings, the presence of a foundation is taken into account. If not, registration is not required. Garages of the "shell" type, summer kitchens, as a rule, are not taken into account in the register.

Other property

Registration may also be required for the following properties:

• Non-residential objects, structures and their components. Such buildings are required to be put on the cadastral register, taking into account the fact that they are non-residential in nature. For additional buildings, for which a building permit is not issued, setting up the KU is carried out on the basis of an inspection report or a technical plan.
• Barn, utility block and outbuildings. Such objects are registered in the cadastre if they are related to capital structures. The determination of this factor is carried out by a specialist of the cadastral authority, who makes a technical plan or an act of inspection.
• Garages and special boxes for car storage. A block garage is taken into account from the position of a separate building. Here you will need a technical plan, as well as title papers on the memory. Registration of places for cars is mandatory from 2018. First, the developer completes the parking lot, and then the owners of the parking spaces register their rights on the basis of a sales contract.
• Other property. There are other objects that require cadastral registration. This includes property complexes, a gas pipeline, bridges, transformer substations, monuments, fences, destroyed structures, and more. Each situation is considered on an individual basis.

How to put an object on cadastral registration - instructions

The general sequence of actions looks like this:

• We prepare papers taking into account the approved list.
• We transfer the documentation in any of the available ways (discussed below).
• We receive confirmation of the property's cadastral registration.

The documents

Before putting a building on the cadastral register, it is required to prepare the following papers:

• Passport of a citizen who applies for a public service.
• Statement. This paper is submitted personally by the owner or representative if the latter has the appropriate rights. In particular, the representative, along with the application, submits a notarized power of attorney. The application form is issued in the cadastre, the MFC or is available for download on the Rosreestr resource.
• Technical plan for a structure, room or building. To obtain such paper, an agreement is drawn up with an employee of the cadastral authority. The main requirement is that the cadastral engineer has the appropriate certificate. Information of interest can be easily obtained through the Rosreestr website.

Transfer of documents

The application and the collected documentation for the registration of any object (building, structure, land, premises, etc.) is transferred to:

• Through the Rosreestr service (you need to go to the electronic services section). Here you will need an EDS.
• In the office of the cadastre (personal appeal).
• With the help of the MFC This is a multifunctional center providing a wide range of services. Before contacting, it is important to make sure that the option of interest is provided. To avoid the queue, it is recommended to pre-register by phone or through the Rosreestr resource.
• By mail. When choosing this option, the collected papers and the application are sent by mail. A prerequisite is an inventory of the investment and a notification of receipt by the employees of the cadastral chamber.

After sending the documentation, the application path is controlled through Rosreestr using a special section ("Checking the status of the request"). In this case, the method of transferring paper does not matter.

Timing

In recent years, the cadastral registration of objects has been carried out in a shorter time. In the absence of comments on the application and submitted documentation, information about the object is recorded in the cadastre. In this case, the process takes 5 or 7 working days, depending on the method of filing papers. In case of detection of inaccuracies, the period of cadastral registration increases. In addition, the cadastral authority has the right to refuse the service (more on this below).

Expenses

When setting up a building for cadastral registration, you will have to pay an engineer for drawing up a technical plan or act. On the territory of Moscow, such work costs 8-10 thousand rubles for an apartment, 25-30 thousand rubles for a separate facility, and also from 50 thousand rubles for an industrial facility.

The service fee is not charged. If cadastral registration is combined with registration of rights to an object, an additional fee is charged. This requirement is specified in the Tax Code of the Russian Federation article 333.33.

Result

In case of successful completion of the procedure, the applicant is given an extract from the USRN (previously a cadastral passport was issued). The paper contains the following information:

• Information about the owner.
• Description of the object (category, purpose, quadrature, address and other parameters).
• The presence of encumbrances of restriction of rights.
• Cadastral price.

Reasons for rejection

The authorized body has the right to suspend consideration of the application in such cases:

• The location of the object coincides (in whole or in part) with another object that was previously registered in the cadastre.
• The presence of contradictions between the information in the documentation and the object itself.
• The application or submitted documentation is executed in violation of applicable requirements and norms.

Rejection often occurs in these situations:

• A structure is formed from an object (one or several), in relation to which the selection of a part or division is not available.
• The premises cannot be attributed to real estate, which requires registration in the cadastre.
• The technical plan is certified by a person who does not have the authority to do so.
• The room is not isolated from other rooms in the facility.
• The structure is formed from real estate, which is included in the state cadastre on a temporary basis.

Changes

The above discussed how to put the building on the cadastral register. But there are situations when you need to make changes to the documentation. To do this, the owner submits a passport, an application, title papers and a survey plan to the cadastre. Documentation confirming the categorization of the land is also transmitted. The principles of transferring and receiving finished documentation remain unchanged.