Why do you need a technical passport for non-residential premises?
According to the laws of the Russian Federation, technical passports must be drawn up for each building or structure, regardless of whether the building is residential or has an industrial or other purpose.
In addition, the law strictly defines the rules for filling out a technical passport, the mandatory information that this document must contain and the type of forms to fill out.
The technical data sheet contains several pages, namely:
- Title page. It contains a brief description of the property indicating the exact address, location and information about the owner;
- Page with the floor plan of the building;
- Diagram of the building with marked boundaries;
- A detailed technical report on the condition of a non-residential building or premises;
- Additional information about the owner of the building.
A technical passport for a non-residential building may be needed if:
- The previous document is out of date and there have been changes in the actual condition of the building;
- Floor plan information needs to be updated;
- There is a need to record and register measures for redevelopment of the building;
- It is necessary to register the object with the cadastral chamber;
- When concluding a long-term lease agreement between the owner and the tenant;
- To draw up a contract for the sale and purchase of a non-residential building.
The list may be supplemented by other reasons due to which there is a need to obtain technical documentation for a non-residential property.
Step-by-step instructions: how to get a plan from BTI or a private organization?
If the apartment has undergone redevelopment, before receiving the document, it is necessary for the Cadastral Service employees to conduct an examination and enter the data into the cadastral passport. To prepare a technical plan, you will need to provide an approved acceptance certificate for the work performed and a corresponding floor plan with a new apartment layout.
What should be in the content of the document?
Unlike the technical plan, the technical passport did not contain graphic information about the connection of the building to the area or the premises (for example, an apartment) to the building. Technical passports for real estate properties were issued until January 1, 2021 . Now they have been abolished, all information about the buildings is contained in the technical plan.
Please note: when applying for a service, do not forget to check whether the cadastral engineer is ready to confirm the right to perform this type of work. To perform work of this kind, he must receive a special document - a qualification certificate.
- cadastral passport for the construction (house, building, premises), if it is already registered in the cadastre;
- a certificate from the administration stating that the object has been assigned a postal address, and a message about the absence of data in the State Property Committee on the building, if the owner intends to register a new building.
Step 1. Prepare documents
- Documents that will confirm ownership of the object. It should be noted that since July 2021, a certificate of ownership is no longer issued in Russia. Certificates issued before this date are still valid, but now, based on the results of registration actions with real estate, citizens receive an extract from the Unified State Register of Real Estate. It is valid for 1 month from the date of issue. Therefore, when providing an extract for the preparation of a technical plan or registration in the cadastre, make sure that it is valid.
- Documentation that can confirm ownership of the plot of land where the home is located. Cadastral passport (cadastral extract) for this plot of land (find out how to obtain a cadastral passport for a plot).
- Construction or reconstruction project, technical passport of the household.
- Administration permits (for construction and commissioning, they are needed if the owner decides to register a new building or changes the data in the cadastral registration in connection with reconstruction or a change in layout).
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- extract from the Unified State Register of Individual Entrepreneurs or a legal entity (extract from the Unified State Register of Legal Entities);
- title documents for the property in the form of an extract from the Unified State Register or a certificate of the owner;
- if the building was built before 2021 - a set of documentation for the facility (design, about commissioning);
- lease agreement.
According to the law on dacha amnesty (Federal Law No. 93), real estate objects built on dacha and garden plots for the purpose of farming can be privatized according to a simplified scheme with a minimum number of documents, which includes a technical plan.
Is a Chamber of Commerce and Industry necessary when building a country house?
- when conducting transactions with it and re-registration of rights (purchase and sale, donation, registration of long-term lease) reconstruction of the object;
- redevelopment of premises;
- putting the premises into operation;
- demolition of a building and deregistration.
ATTENTION! A registration certificate used in a legal procedure or a specific transaction must be current at the time of specific actions. Otherwise, due to invalid documentation, the owner of the real estate or government agency may have problems in the future.
What documents are needed to obtain it?
In order to obtain a registration certificate for non-residential premises, you must present documents, the list of which is established by law.
The following documents are required to be provided:
- Owner's passport;
- Title documentation for ownership of non-residential premises;
- Application for registration of a technical passport;
- Receipt for payment of the mandatory state duty.
In addition to the required documents listed, additional information may be needed, depending on the specific situation.
For example , if the property is subleased and the subtenant is involved in the registration, then it is necessary to present his documents, as well as a power of attorney from the owner.
For reference! When obtaining a technical passport, it is necessary to have conclusions from the SES, fire and gas services.
You may be interested in the article on how to start privatizing an apartment.
And here you can find out about the division of a personal account in a privatized apartment.
Where to submit documents?
In order to obtain a technical passport for non-residential premises, just as when receiving a technical passport for a house or apartment, documents are submitted to the BTI (technical inventory bureau).
In this case, the originals of all documents remain with the applicant; only copies are provided to the specialist. He removes them himself after familiarizing himself with the originals.
Advice! In order to avoid any problems and delays in obtaining a technical passport, when submitting documents to the BTI, it is necessary to certify in the presence of a service employee each copy taken.
The registration certificate must be retained for the entire time the building is used. In cases where the owner or tenant carries out reconstruction, redevelopment or builds extensions, all changes must be documented. Only employees of the BTI service have the right to make amendments to the passport for an object.
Necessity of the document
Until 2021, in order to register a house, you had to go through a simple procedure for obtaining a technical passport - submit an application to the BTI, and within a few days the finished paper would be in your hands. According to the new legislation, the technical passport is replaced by a technical plan.
What does a technical plan look like?
If the technical plan is drawn up for a private house , then the applicant provides a certificate of ownership of the plot or an extract from the Unified State Register of Real Estate. The engineer only needs the cadastral number from this data, since he requests current information as of the date of application from Rosreestr on his own.
- BTI does not produce the documents requested by the applicant;
- the applicant submitted an incomplete set of documents or incorrectly completed or invalid documents;
- there is no power of attorney if an application is submitted by a representative;
- the applicant refuses to pay the cost of the document or provide a receipt for payment.
When selling an apartment, they usually require a technical passport. According to the law, it is not needed, but the buyer or bank can request it in order to compare the apartment with the plan from the technical passport and understand whether redevelopment has been done in it or not.
Why do you need certificates and documents from the BTI?
For a mortgage. Some banks request a technical passport when approving a mortgage to make sure that there are no illegal alterations in the apartment. Not all banks will give a loan for an apartment with illegal redevelopment.
27 Apr 2021 gmurist 159
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Who can apply for a technical passport?
Both the owner and a person who has a power of attorney certified by a notary to carry out the registration process can submit the necessary documents in order to obtain a technical passport of a building or premises.
For reference! Obtaining a technical passport is a long and labor-intensive process that includes many nuances. For this reason, many owners of non-residential premises prefer to seek help from agencies and bureaus that provide assistance in preparing documentation.
Turning to specialists for help allows the owner or tenant to save their time. In addition, a professional approach guarantees compliance with all rules and regulations established by law.
Information about changes:
The technical plan of a single real estate complex, prepared in connection with a change in information about a single real estate complex, includes blocks of sections of the technical plan of a single real estate complex in relation to the changed buildings and structures registered in the Unified State Register of Real Estate or in relation to the buildings and structures included in the unified real estate complex registered in the Unified State Register of Real Estate in exchange for buildings and structures excluded from it.
Information about changes:
22. All records, with the exception of cases established by the legislation of the Russian Federation, are made in Russian. Numbers are written in Arabic numerals, with the exception of the information specified in subclause 7 of clause 43, subclause 3 of clause 48 of the Requirements.
1. For state cadastral registration, the technical plan is drawn up only in electronic form. It can also be prepared in the form of a paper document (for other purposes), if you provide for this when drawing up an agreement with a cadastral engineer. The paper version must be certified by signature and seal. 2. Information about the object (house) is indicated in technical terms, including on the basis of a court decision. A copy of the said court decision is included in the technical plan appendix. 3. Documents for Rosreestr are accepted by the MFC, and their services are not paid for. But there is a state duty for state registration of real estate rights.
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That is, the technical plan is a preparatory stage, since it is it that allows you to obtain the data necessary for transactions with real estate (purchase, exchange, donation), which require such an extract.
In what cases is a technical plan necessary?
To do this, you will need the services of a cadastral engineer, who can be an individual entrepreneur or work in an organization licensed to carry out engineering and geodetic work (in this publication you will find tips on choosing a cadastral engineer).
- the graphic component of the technical plan reproduces the location of the house on a plot of land by determining the coordinates of the points of its outline and the geometric figure formed by the outer walls. If the house has several floors, the graphic part will contain a floor plan of the building (room) of each of them;
- the text part is a description of the information and characteristics of the object necessary for making an entry in the Unified State Register of Real Estate.
Technical passport production time
According to the law, the relevant services have 14 days from the date of submission of the application to issue a registration certificate for non-residential premises. But in reality, this process can take much longer for many reasons, for example:
- Bureaucratic delays;
- The applicant’s lack of awareness of the sequence of actions;
- Lack of required documentation.
Other obstacles may also arise due to which it is not possible to receive documents on time.
Validity
The law does not establish a time frame for the relevance of the technical passport of non-residential premises. The document is valid until changes are made to the actual state of the object. In this case, the previous registration certificate is considered outdated and updating it or obtaining a new document is a prerequisite.
Attention!
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