After the actual construction of the house, the mandatory stages of its documentation begin. Among them are official permission from officials to put the building into operation, registration of an apartment building in the cadastral register, and registration of property rights of residents. Due to the adoption of changes to legislation in 2017, the procedure for cadastral registration of apartment buildings has changed. Today we will look at it in more detail.

Cadastral registration is a mandatory procedure for all permanent buildings in Russia, including apartment buildings. Cadastral data on the building includes:

• type of object (building, room, etc.);
• cadastral number;
• location on the ground (specific address or relative to a landmark);
• area and number of storeys;
• wall material;
• year of commissioning;
• cadastral value;
• some other information if the apartment building is not yet completed.

The purpose of this information is to identify an apartment building as a separate object. The listed information is included in a special database - the state cadastre, which in turn is included in the unified register of information about real estate of the Unified State Register of Real Estate. Conducting cadastral registration of an apartment building means determining all the necessary information about the apartment building and entering it into the database.

Attention! Until 2017, there were two separate registers in Russia - the State Property Committee (GKN) (cadastre) and the Unified State Register (USRE) (real estate rights). Now they have been united under the common name “Unified State Register of Real Estate,” which contains information about both objects and copyright holders. In connection with the merger of registers, cadastral passports were cancelled, in replacement of which they are now issued.

Cadastral registration of apartment buildings

The cadastral registration of an apartment building as a finished building is carried out after the authorities issue permission for commissioning. After registration, you can formalize the right of the final owner - a citizen, a family - to the apartment. This legal procedure is regulated by the Law on State Registration of Real Estate.

Who is applying

Cadastral registration of an apartment building does not occur automatically after commissioning, but upon the application of an authorized person. According to the current rules, such a person is the local government body (administration, mayor's office, prefecture) that issued the permit for entry.

The scheme is as follows:

1. After completion of construction, the developer applies to the administration, committee, department, which is in charge of construction issues in a given locality, for permission to put it into operation.
2. Officials check the submitted documentation and issue permission to enter.
3. Then, within 5 working days, the administration itself sends an application to Rosreestr to register the apartment building for cadastral registration, along with permission to enter it.
4. The deadline for cadastral registration with Rosreestr is 5 working days from the date of receipt of the administration’s application.

Attention! The administration must attach a technical plan of the multi-apartment residential building to the application. Rosreestr checks all documentation and, if there are questions, may suspend the registration period for up to 3 months until the shortcomings are eliminated.

If for some reason the administration ignores the obligation to submit an application for cadastral registration of an apartment building, such an application can be submitted by the developer. He is not obliged to do this, but to save time he has the right to submit the necessary documents himself. And if it’s a house, then the right to stage it belongs to the cooperative.

Unfortunately, now the opportunity to register an apartment building with the cadastral register is not provided to shareholders or cadastral engineers who draw up the technical passport.

Features of registration

An apartment building includes not only a collection of apartments, but also common areas (stairs, attics), the ground under the house and auxiliary premises (for example, a boiler room). How to register these areas is determined in the Federal Law on real estate registration.

At the request of an authorized person (administration or developer), the following are registered simultaneously:

• apartment building as an object;
• apartments;
• total areas of apartment buildings;
• auxiliary premises.

As for a land plot, the rights to it, as a rule, are registered even before the apartment building is registered. After registration of ownership rights, the residents of the house will have the right to privatize the adjacent territory. About how to do this.

Registration of rights to an apartment in an apartment building

After registering an apartment building with the cadastral register, the final owner of the apartment in it has the right to register ownership. To do this, he needs to collect documents:

• registration application - filled out at the reception by an MFC employee, nothing is required to be filled out in advance;
• DDU or assignment agreement - original, the document will be returned after registration;
• transfer deed for the apartment;
• receipt of payment of the state fee for registration of 2,000 rubles.

There is no need to provide a technical plan or commissioning permit.

Documents must be submitted to the MFC in person using your passport. After 3-14 days, you will be able to pick up a completed extract from the Unified State Register of Ownership of the apartment. At the same time, the ownership of the share in the common property of the apartment building will be registered.

Accounting for apartment buildings in case of bankruptcy of a developer

When a developer goes bankrupt, construction is frozen, and shareholders find themselves in a disadvantageous position - they risk losing money and not getting an apartment. Depending on the stage of construction, there are two options:

• In most cases, equity holders try to return the invested money through legal means - participation in bankruptcy proceedings, insurance or compensation from the compensation fund. .
• As an alternative, citizens can ask the court to transfer ownership of an unfinished construction project to them, which is then completed by the cooperative and put into operation. This makes sense if the degree of readiness of the object is sufficient to complete construction without large investments.

To receive an unfinished apartment building, it must also be registered with the cadastral register. In the record for unfinished construction, in addition to the usual characteristics for buildings, the following is indicated:

• projected value of technical characteristics;
• The designed purpose of the building is “apartment building”.

The question of who submits an application for cadastral registration of a house is decided taking into account the prevailing circumstances. The developer himself, after declaring him bankrupt, does not have the right to carry out such actions, and the administration is simply not authorized, since it has not issued permission for commissioning. After the court makes a decision to transfer the unfinished property to the ownership of a cooperative of shareholders, it is the cooperative that will have the right to submit papers on the registration.

So, registering an apartment building with the cadastral register does not require the participation of shareholders - the entire procedure is carried out by government or municipal authorities, which issue permission for commissioning. You can check whether the house is included in the cadastral register by ordering an extract from the Unified State Register of Real Estate at the address of the MKD location.

Dear readers! Legislation is constantly changing, so to resolve a specific situation, we recommend that you seek help from the portal’s on-duty lawyer. This article provides general information only.

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The issues of registering a land plot for an apartment building are currently among the most pressing for Moscow residents.

Do you need to install a fence around the perimeter of your yard? Do you want a children's playground and guest parking in the yard, and not a high-rise building built right next to your windows? You don't want paid parking in the yard and a highway passing under your windows? All these issues can be resolved only if the land plot under your apartment building is properly registered.

And the basic legal norm here is Article 36 of the Housing Code of the Russian Federation, according to which “the owners of premises in an apartment building own, by right of common shared ownership, the common property in the apartment building, namely... the land plot on which the house is located, with elements of landscaping and landscaping, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning activities.”

This is the basic rule to remember, given the following points:

From what moment do the residents of the house become the owners of the land plot under such an apartment building (hereinafter - MKD)?

From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects included in such a building are located passes free of charge into the common shared ownership of the owners of the premises in the apartment building (Clause 5, Article 16 of the Federal Law RF No. 189-FZ dated December 29, 2004 “On the introduction into force of the Housing Code of the Russian Federation”). In other words, from the date when the plot under the apartment building is registered in the cadastral register, the owners of the premises in the apartment building (both residential and non-residential!) become the owners of this land plot. From this moment on, the plot is in their shared ownership, and obtaining separate paper certificates to confirm this right is not required. According to paragraph 1 of Art. 22 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”, registration of a land plot with the state cadastral register is carried out on the basis of a boundary plan.

Summary: from the date of registration of this land plot in the cadastral register.

Where does the registration of a land plot for an apartment building begin?

In accordance with the provisions of Art. 16 of the Federal Law of the Russian Federation No. 189-FZ of December 29, 2004 “On the implementation of the Housing Code of the Russian Federation” in the event that the land plot on which the apartment building and other real estate objects included in such a house are located has not been formed before the entry into force of the Housing Code of the Russian Federation (that is, before March 1, 2005), on the basis of a decision of the general meeting of owners of premises in an apartment building, any person authorized by the said meeting has the right to apply to state authorities or local authorities with an application for the formation of a land plot, on where the apartment building is located. The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments.

However, the Constitutional Court of the Russian Federation, in Resolution No. 12-P dated May 28, 2010, found that the norm according to which the owner of premises in an apartment building, not authorized by the general meeting of owners of premises in this building, could not apply to state authorities or local authorities, was inconsistent. self-government with an application for the formation of a land plot on which an apartment building is located. Thus, until recently, only one owner of a premises (both residential and non-residential premises) was allowed to apply to the Moscow Property Department (formerly the Moscow Department of Land Resources) with an application for the formation of a land plot for an apartment building.

Now, in connection with the entry into force of amendments to the Land Code of the Russian Federation from 03/01/2015, the formation of land plots for multi-apartment residential buildings is carried out exclusively in accordance with the approved land surveying project. The owner's application with the above statement is not required.

Summary: with approval of the land surveying project for the block in which the apartment building is located.

What is approval of a block surveying project and who approves it?

Approval of a block surveying project is a procedure whose purpose is to create a survey plan, on the basis of which the land plot is subsequently registered for cadastral registration, that is, its legal “registration” of ownership. Land surveying is, in essence, the process of determining the boundaries of land plots, that is, it is at this stage that it is decided whether the adjacent territory (that is, the land belonging to the owners of apartments in the apartment building) will include a playground, whether a road will pass under your windows whether there will be parking in the yard, which areas will be recognized as public places, etc.

The state customer for the development of the land surveying project is the Department of City Property of the City of Moscow (hereinafter referred to as DGI). Obviously, the tasks of the DGI are quite predictable - to form plots in such a way that more land is “cut off” from residential buildings and assigned to public land, to the road network, which, after land surveying, will be registered as the property of the city of Moscow.

The executor of the land surveying project is usually some kind of design institute, such as Mordovregionproekt LLC, NIIiPI General Plan and others like that, which won the competition and entered into a government contract.

Before approval by the State Property Survey, the land surveying project must go through a public hearing procedure, which is usually attended by residents of a particular block who are directly interested in the given land plot. The conclusion based on the results of public hearings is approved by the District Commission on Urban Planning, Land Use and Development under the Moscow Government.

Summary: in fact, this is the approval by the Department of City Property of the boundaries of a specific land plot after their agreement with the interested public.

What are public hearings and how to participate in them?

The City Commission on Urban Planning, Land Use and Development under the Moscow Government (hereinafter referred to as the City Commission) and the District Commissions on Urban Planning, Land Use and Development under the Moscow Government (hereinafter referred to as the District Commissions) are the authorized bodies for conducting public hearings. The city commission is formed at the city level, the district commission at the administrative district level. The city commission organizes public hearings less frequently than the district commission, since they relate to more global projects: the General Plan of the City of Moscow and linear objects, for example, the construction of highways that affect more than one district, etc. The district commission organizes public hearings on a regular basis, as they relate to issues of a district or district scale.

According to the Urban Planning Code of Moscow, participants in public hearings are: 1) residents of the city of Moscow who have a place of residence or place of work in the territory within the boundaries of which public hearings are held, and representatives of their associations; 2) legal holders of land plots, capital construction projects, residential and non-residential premises in the territory within the boundaries of which public hearings are held; 3) deputies of representative bodies of municipalities on whose territory public hearings are held; 4) deputies of the Moscow City Duma.

The law guarantees the right of each participant in public hearings to familiarize themselves with the final protocol, which indicates who made what proposals at the public hearing.

Public hearings consist of the following stages: 1) publication and distribution of notice of public hearings (no later than seven days before the opening of the exhibition); 2) holding an exposition (expositions) of the project presented at public hearings (hereinafter referred to as the exposition); 3) holding a meeting of participants in public hearings (meetings on non-working holidays are not allowed; on working days, meetings begin no earlier than 19:00); 4) drawing up the protocol of public hearings (the period for drawing up the protocol of public hearings is no more than seven days); 5) preparation and publication of a conclusion on the results of public hearings (within five days after approval, a conclusion on the results of public hearings must be published).

The preparation of the final protocol based on the results of public hearings is usually carried out by employees of the district government. After this, the protocol is transferred to the District Prefecture. Further, at the next meeting of the district commission, this protocol is considered. A council employee reports on how the public hearings went, what comments were made, how many people came, etc. If the commission members have no questions about the protocol, then the protocol of the public hearing is approved by the chairman of the relevant district commission.

The next step of the district commission is to issue a conclusion. The conclusion on the results of public hearings is approved by the chairman of the relevant commission. Within five days after approval, the conclusion on the results of public hearings must be published in the manner established for the publication of official information of the Moscow Government or the relevant territorial executive authorities of the city of Moscow. In the conclusion, recommendations are indicated on the feasibility or inexpediency of implementing the project, etc. It is after the conclusion is approved that the public hearings are considered completed.

How can I express my disagreement with the land surveying project proposed at public hearings?

During the period of public hearings, each participant in public hearings has the right to present their proposals and comments on the project under discussion in the following ways: 1) entries in the book (journal) of visitors and a record of proposals and comments, which is kept during the period of operation of the corresponding exposition; 2) speeches at a meeting of participants in public hearings; 3) entries in the book (journal) of accounting (registration) of the public hearing participants participating in the meeting; 4) submitting written proposals and comments to a representative of the relevant district commission or city commission during a meeting of participants in public hearings; 5) sending written proposals and comments to the relevant district commission within a week from the date of the meeting of participants in public hearings.

Absolutely all proposals and comments received are included in the minutes of public hearings. The period for drawing up the minutes of public hearings is no more than seven days.

To ensure the completeness and accuracy of proposals and comments included in the protocol, you have the right, with reference to the Urban Planning Code of Moscow, to demand that you familiarize yourself with the protocol of public hearings and receive a copy of it from the district commission.

How to challenge the boundaries of a “separated” plot of land under an apartment building?

The legislation allows for various ways to protect a violated right in this situation, however, the most common remain a judicial appeal of the decision to approve the block surveying project and the requirement to establish the boundaries of the land plot.

Owners of premises in apartment buildings also have the right to challenge in court, taking into account the jurisdiction of the cases, according to the rules of the provisions of the CAS RF or Chapter 24 of the Arbitration Procedure Code of the Russian Federation, actions (inaction) of the government authority on: 1) the formation of the land plot on which the house is located, 2) on the development of documentation for territory planning (Articles 45 and 46 of the Town Planning Code of the Russian Federation), 3) actions preceding the disposal of a land plot, in particular decisions on the provision of a land plot for construction, on holding auctions for the sale of a land plot or the right to conclude a land lease agreement, etc. .

If, as a result of such actions of the government authority, third parties have a right to a land plot necessary for the operation of an apartment building, the owners of the premises in it may apply to such third parties in court with a claim aimed at challenging the relevant right, or with a claim for establishing the boundaries of a land plot.

When considering these claims, the court resolves controversial issues related to the boundaries of a given land plot in accordance with the requirements of land legislation and legislation on urban planning activities (Part 1 of Article 36 of the RF Housing Code). In this case, the burden of proving the circumstances that served as the basis for the formation of a land plot within the disputed boundaries and size rests with the relevant authority.

The court decision that established the boundaries of a land plot is the basis for changing information about this land plot in the state real estate cadastre.

What should you especially pay attention to when approving a block survey plan?

1. It is necessary to periodically visit the website page of the government of your district / District Prefecture in order to obtain information about upcoming public hearings - after all, in fact, this is the only opportunity for citizens to express their opinion regarding the determination of the boundaries of a land plot according to their MKD.

2. Directly when attending public hearings: 1) you need to register in the register of participants in public hearings. The total number of participants in the public hearing meeting is calculated by the number of people registered in the journal; 2) ensure that all comments and suggestions, even those expressed orally into a microphone, as well as those submitted in writing, are recorded in the minutes; 3) make suggestions and comments not “collectively”, but from each participant. The fact is that even if 1000 people sign the collective appeal, the protocol will still indicate 1 proposal received.

When preparing a conclusion, the district commission may consider that for an area with a population of 10 thousand, 1 proposal against the project can be considered a non-critical number, and write in the conclusion: it is advisable to implement the project.

3. If you did not have time for public hearings or did not know about them, but believe that it is necessary to send more collective or individual appeals, then within seven days from the date of the meeting of participants in the public hearings, you can submit comments and suggestions to the appropriate district commission.

4. To make sure that the protocol is true, you need to contact the district commission for a copy of the protocol 7-10 days after the public hearing. It is important to have time to study the protocol before approving the conclusion, since after the conclusion is approved by the chairman of the district commission, it will be more difficult to fight injustice. Minutes of meetings of district commissions are posted on the websites of the Prefectures. The minutes indicate what decisions were made based on the results of certain Public Hearings.

5. Often, green spaces are “cut off” from the territory of land plots of residential buildings for the road network (RSN). This also means that after approval of the Land Survey Project and cadastral registration, these plots will be registered as the property of the city of Moscow. Theoretically, then the owner (in fact, officials) can do whatever they want with their property: destroy lawns and widen the road under the windows of residential buildings or arrange paid parking spaces for the cars of everyone. To avoid this, residents need to demand in writing that lawns be returned to the land plot of a residential building, otherwise refuse to recognize the legality of the land surveying project as violating their legitimate interests as owners and users of the land plot.

6. Any references by designers to the presence of red lines of the road network, which they supposedly cannot “transgress,” should not confuse you - this is just a project for now, and if the way the red lines are laid in the project violates your rights, you need to demand sending the survey project for revision in order to remove or move the red lines.

What laws should I refer to?

1. Article 36 of the Housing Code of the Russian Federation.

2. Part 1 of Article 16 of the Federal Law “On the entry into force of the Housing Code of the Russian Federation.”

3. Article 43, paragraph 4 of the Urban Planning Code of the Russian Federation (the location of the boundaries of the created and changed land plots is carried out in accordance with urban planning regulations and norms for the allocation of land plots for specific types of activities, established in accordance with federal laws, technical regulations; NB (!) Previously the norm was the following content - the sizes of land plots within the boundaries of built-up territories are established taking into account the actual land use and urban planning standards and rules that were in force during the development of these territories).

4. Joint Resolution No. 10/22 of April 29, 2010 of the Supreme Arbitration and Supreme Courts of the Russian Federation (section “Disputes over rights to land plots on which apartment buildings are located”).

5. According to clause 2.3 of SanPiN 2.1.2.2645-10, the land plot must provide for the possibility of organizing a local area with clear functional zoning and placement of recreation areas, playgrounds, sports areas, utility areas, guest parking for vehicles, and green spaces.

6. Subparagraphs f) and g) of paragraph 1 of the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation dated August 13, 2006 No. 491,
according to which the common property includes:
- a land plot on which an apartment building is located and the boundaries of which are determined on the basis of state cadastral registration data, with elements of landscaping and landscaping;
- other facilities intended for the maintenance, operation and improvement of an apartment building, including transformer substations, heating points intended to serve one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot on which the apartment building is located.

7. By virtue of paragraph 5.5 of Section 5 “Functional and planning organization of the territory of a residential, mixed residential development site” MGSN 1.01-99, a residential development site consists of the area of ​​the base of the building and the adjacent territory, which includes the following mandatory elements: approaches and entrances to the house, guest rooms parking lots, green areas with areas for games and recreation.

8. Decree of the Moscow Government No. 118-PP dated April 12, 2011, which recognizes the overlap of thousands of sections of the road network (RDN) on residential areas, and states that identified intersections are eliminated “by reducing sections of the RDN,” but stipulates what is being done for plots “previously registered in the state real estate cadastre.”

Until recently, the cadastral registration of an apartment building did not have clear instructions about who should carry out the registration. This responsibility fell on the shoulders of the developer, who, after putting the house into operation, had to submit documents to the cadastral chamber, pay a fee, and receive cadastral documentation.

At the beginning of 2017, multiple changes were introduced, both to the procedure for registering real estate in the cadastre, and to the basic documentation that the owner received when registering a house with the cadastral register. We will tell you in our article how the procedure for registering a house with cadastral registration takes place today, and whether the developer is obliged to do this.

New orders

Since the beginning of 2017, the responsibility for registering apartment buildings falls on state authorities and local governments. Having put forward a decision to put the facility into operation, the administration must submit an application to Rosreestr for cadastral registration of the capital construction project, attaching technical documentation to it. Government agencies must carry out these actions within 5 days from the moment the housing is put into operation.

Rosreestr, in turn, must enter the property into the Unified State Register of Real Estate within 5 days. At the same time, not only common property is registered, but also each individual apartment, which was not previously mandatory. If inconsistencies are identified in the actual data and documentation data, the registration process may be suspended for up to 3 months.

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Previously, there were no clear instructions and requirements for the applicant in the legislation, and cadastral registration was carried out either by the developer, or by the compiler of the cadastral plan, or by a participant in shared construction. As a rule, only part of the house was registered, that is, the common property and the adjacent territory, and the responsibility for registering each individual apartment fell on the owners. Today, when registration responsibilities are clearly assigned to government agencies, it is still not uncommon for situations where common house property has not been included in the cadastre. Let's consider possible options for resolving this situation.

Formation of the site

Considering the huge number of bureaucratic delays associated with the procedure for registering a house with a cadastral register, it is not difficult to imagine the volume of documentation that the administration must submit to Rosreestr after putting the house into operation. It happens that the documentation drawn up by the engineer does not agree with the actual data, which makes the existing technical plan of the house and the surrounding area unreliable and, accordingly, illiquid. In such cases, repeated boundary work and the generation of new technical documentation are required.

Of course, all these actions, according to the law, must be carried out by the government agency that issued the permit to put the house into operation. However, as a rule, these actions are often slowed down, since the government agency has little interest in registering and entering data about an apartment building into the Unified State Register of Real Estate. The division of common real estate between all owners, and the registration of individual apartments, is primarily of interest to shareholders who intend to resell the property, which requires the preparation of all documents, including cadastral documents. In such cases, shareholders and apartment owners can initiate land surveying and enter data about the property into the Unified State Register of Real Estate, by submitting an application to form a plot, or to clarify data about the land plot. We will tell you how to do this later.

Procedure

Registering a house with the cadastral register is in the interests of the owners, so the decision to carry out registration actions must be made within the framework of the meeting. You can initiate it yourself, or seek help from a management company whose responsibilities include organizing such meetings.

Depending on the form in which the meeting of residents will be held, in person or in absentia, A package of documents must be prepared, which will then need to be submitted to the administration:

1. An application to clarify the boundaries of a land plot or to form the boundaries of a plot, from a person authorized by the general meeting of residents;
2. Scheme of distribution of shares of apartment owners in the right of common ownership of common property in an apartment building;
3. Copies of notices of the general meeting;
4. Application for delivery of notices of the meeting;
5. Decisions of owners on the formation of a land plot or on clarifying its boundaries;
6. Minutes of the general meeting of owners.

Info

It is better to contact the management company regarding holding a meeting. Its employees should know what documents are drawn up as part of the meeting; this will free you from the need to prepare such papers yourself.

Along the way, you will need to draw up an application “On the transfer of a land plot into common ownership” and submit it along with all the documents to the administration. The applicant, based on the minutes of the meeting, can order boundary work. Land surveying will have to be carried out at your own expense, but in the event that the technical documents do not match the real data, this will be necessary.

Based on your applications, the protocols you provide and the survey results, the administration approves the boundaries of the site and transmits the information to the cadastral chamber. In different regions of the country, different structural units are involved in the formation of sites. In Moscow, such powers are vested in the Department of Land Resources.

Bottom line

Innovations in registration actions should contribute to the speedy registration of new buildings with cadastral registration. According to the new rules, the developer is not required to perform these actions, although it is on the basis of the plan of the apartment building presented by him that the data is entered into the Unified State Register of Real Estate. Owners interested in the speedy registration of a property in the cadastre can carry out boundary work and submit documents for registration on their own, by decision of the general meeting of residents, if government agencies are delaying this procedure for any reason.

Each piece of real estate, according to the law, must be registered in the cadastre. This provides a complete list of the owner’s powers and guarantees them. Without registration, real estate is not recognized as an object of ownership. For this reason, registering a house with cadastral registration is the primary task of any owner.

Cadastral registration of a house is necessary in the following cases:

• upon completion of the construction of the house;
• when disposing of a building;
• when making changes to information about an object.

Even when resolving legal disputes, it is based on the fact of registration and data in the cadastre that the characteristics of the disputed property, including information about the owner, are established. You can register both part of the house and the entire house, as well as unfinished buildings as such.

In general, registration of an object gives the owner the following powers:

• the right to own and dispose of the object at your own discretion;
• the right to transfer the object as collateral, including for a loan;
• exchange it or leave it as an inheritance;
• implement the object.

Cadastral registration of a residential building in a single database and in the public domain guarantees the protection of the rights of owners from violation by third parties (squatters, scammers, etc.).

So, how to register a house? To begin with, it is worth noting that the registration of private houses, as well as the cadastral registration of an apartment building, is an optional procedure. It is carried out at the request of the home owner and in his interests. Due to the above circumstances, it is still recommended to register the house. The procedure itself is not complicated and does not require much time.

Registering a home consists of the following steps:

1. Collection of documents.
2. Choosing a method for submitting documents to the authorized body.
3. Payment of the established fee.
4. Drawing up an application and submitting it in the chosen method.

You can submit the collected documents and application in the following ways:

• direct contact with authorized bodies;
• through the MFC;
• submitting an online application;
• postal service;
• ordering a field service from the cadastral authority.

Payment of the state fee is mandatory. The amount varies. It all depends on the form of the answer. It consists of issuing a cadastral passport for a private house. So:

1. When ordering a passport on paper, the fee is 200 rubles.
2. When ordering a document in electronic form – 150 rubles.

A receipt must also be presented when submitting your application. When applying online, a receipt is shown when you receive your passport.

Changes are very often made to the legal norms establishing the list of documents for registering private houses with the state. To have more reliable information, you need to contact the local branch of Rosreestr or Multifunctional centers of settlements. Registration of a private house is also carried out there.

To register a house for cadastral registration, the following documents are required:

• application according to the established template (issued and filled out on site);
• a valid and realistic technical plan of a private house;
• document defining the owner's right in the original;
• plan of a private house from BTI;
• permits for construction work.

It is also necessary to present the owner's passport in the original. A copy of the passport is taken on the spot. Otherwise, the copy can be certified by any notary. When carrying out the procedure through a representative, a notarized power of attorney on behalf of the owner is also required.

The authenticity of the submitted documents is verified by an employee of the relevant authority. If forgery or unreliability of data is detected, documents will be refused.

The technical plan is a mandatory inventory document for any construction project. It contains information, the list of which is strictly defined, and without which it will not be possible to register a private house in a unified database of real estate objects.

Unlike the technical passport, which is issued for housing when registering an apartment building in the cadastral register, the technical plan of a private house determines its strict connection to the site. In other words, without a land plot, a private house cannot act as a separate piece of real estate, and therefore cannot be transferred to another owner.

At the same time, the binding is carried out using coordinates and turning points on the territory of the land ownership, so that it will be possible to find a private house on an electronic map with 100% accuracy. This ensures not only the individuality of the object, but also guarantees the protection of the rights of the owners.

As a general rule, a technical plan can only be drawn up for completed construction projects. However, in cases where it is necessary to register ownership of an unfinished private house (the emergence of a legal dispute, sale), the Technical Inventory Bureau draws up a plan for such an object.

It should be noted that the preparation of a technical inventory plan is carried out exclusively by professional cadastral engineers. A document prepared by other persons has no official force and cannot be submitted to government agencies.

To receive this document you must submit to the BTI:

• permission from the administration to put the facility into operation;
• design documents drawn up during construction;
• if the construction was completed before 2013, you must also submit a technical passport, also drawn up before the specified date.

If the owner does not have any documents for a private house, then it is necessary to start by filling out a declaration for a new property. Such a declaration is drawn up by the owner himself for the purpose of submitting it to specialists for the preparation of technical and design documentation.

Consideration of the owner’s application and issuance of a cadastral passport for a private house are carried out at different times depending on the following circumstances:

• when an application is submitted to re-issue a passport – 5 days;
• when submitting an application for initial registration or making changes to cadastral data - 10 days.

Local administrations of settlements and the authorities of the constituent entities of the federation can independently determine the specified deadlines. However, they cannot be greater than those indicated above.

When submitting an application and documents through multifunctional centers, it is necessary to clarify the time frame within which the center transfers the application to the cadastral chamber. The specified periods begin to be calculated only from the moment the MFC transfers all necessary documents to the authorized body.

Cadastral passport of a private house

The result of the registration of a private house is a cadastral passport issued for it. This document contains information about a private house as a real estate property. It indicates the following characteristics of a private house:

• intended purpose (residential premises);
• location;
• availability of utilities (gas, electricity, water);
• area size;
• number of floors (no more than three);
• number of residential and non-residential premises.

If the parameters of the building change, the cadastral chamber must be informed about this. To do this, a new application is submitted with a new technical passport of a private house. Without this, disputes may arise when changing ownership or paying taxes.

When selling, donating or purchasing, as well as inheriting a private house, you must submit a cadastral passport to the registering authority. However, when submitting documentation to government agencies for one reason or another, you do not need to submit a private home passport. In turn, employees of government agencies do not have the right to demand it, since it is obtained by the body itself by submitting a request to the cadastral chamber or Rosreestr.

Refusal to register a property

The main rule when receiving a refusal from an authorized body is to go to court. Sometimes the grounds for refusal may be insignificant or mistakenly accepted, so it is possible to sort it out through a judicial authority.

In general, a refusal may be given for the following reasons:

• errors in filling out documents;
• lack of documents;
• filing an application by an unauthorized person;
• carrying out illegal construction;
• construction in violation of the law;
• the object does not have access to transport routes;
• if the house or the plot under it is located on the territory of two districts (settlements) at once.

If the construction is illegal, then it can only be legalized through the court, proving that at the time of construction work it was not possible to obtain permits. It should be borne in mind that illegal construction sites can be demolished by court decision.

Employees of the authorized institution must provide the reason for the refusal in detail and in writing. If these reasons can be eliminated independently, without going to court, then by making this application you can resubmit.

Thus, registering the house in the cadastral register in a unified database of real estate objects and obtaining a cadastral passport is, although not necessary, recommended. This allows the owner to publicly declare his rights, as well as openly exercise them in cases of disposing of his home as property.

Operations involving the registration of real estate and its commissioning require strict adherence to documentation in accordance with established legislative forms and acts. real estate is regulated on a state basis in accordance with Federal Law No. 221 “On the State Real Estate Cadastre”.

Paperwork

To register with the cadastral authority and put a new building (apartment building - MKD) into operation, the developer must contact the relevant authorities with an application and provide all documents for registration.

Documents are processed by government agencies or local governments (urban planning department). For registration, the developer is required to write an application, to which a package of documents is attached.

Documents for cadastral registration are drawn up in accordance with the requirements of government acts and forms. The list of required papers is specified in paragraph 3 of Article 55 of the Town Planning Code of the Russian Federation.

List of documents for registration of apartment buildings:

The commission and employees of the urban planning department review the documentation and make a decision on putting the property into operation - the developer receives permission and the right to move in residents.

The permit is issued by the building supervision authority and allows the developer to put the house into operation based on compliance with all state requirements.

Staging process

After completing the construction work of an apartment building, the developer must contact government authorities to register the new building. The developer applies to the local government body or state authority at the location of the new building.

For example, the Department of Urban Planning and Architecture of a city or district administration. To set it up, you need to perform a number of operations.

Setting up a land plot for an apartment building

1. Completion of construction – carrying out technical inventory;
2. Preparation and submission of applications and documentation for commissioning;
3. Obtaining permission from the department and registration in the Unified State Register of Real Estate;
4. Obtaining a cadastral passport.

IMPORTANT– if errors or inaccuracies are found in the papers, everything is corrected and the application is resubmitted.

Adjacent territory of the MKD

Registration procedure:

Deadlines: how long they set

The state local government body (urban planning department) accepts the application and package of documents from the developer, considers the case and issues a conclusion within 9-15 days. Afterwards, the case is submitted to Rosreestr, which, within 5 working days from the date of receipt of the application, enters information about the apartment building into the Unified State Register of Real Estate.

Thus, cadastral registration is carried out by a state body, and not by the developer himself. The cadastral registration procedure takes from 7 to 10 days.

Conclusion

The cadastral registration of an apartment building is carried out by government agencies. The law does not provide the right for the developer to independently register his apartment building, since not only apartments are taken into account, but also common property and lands.

The basis for this procedure is -, which refers to the simultaneous cadastral registration of all located premises of an apartment building, including its components (common property, parking spaces, land plots, sites).