Accounting for changes in real estate is any changes in data about a real estate property during cadastral registration and updating the Unified State Register of Real Estate data. Changes to the Unified State Register must be made after redevelopment, reconstruction or reconstruction, following the results of a merger, division or allocation of premises. The basis for updating the USRN information is the technical plan. This document contains the real characteristics and coordinates of the property.
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Read in the article what changes to real estate require cadastral registration, what needs to be submitted to Rosreestr, where to obtain and process documents.
What is cadastral registration and why do we need to record changes?
Legal regulation of the cadastral registration procedure is carried out by the norms of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”. The grounds for conducting cadastral registration are specified in Art. 14 of Federal Law No. 218-FZ and include:
- creation or formation of a new real estate property;
- termination of the existence of an object, including in connection with its division into several new independent accounting units;
- formation or termination of existence of a part of the object for which encumbrances of rights are registered;
- registration of premises or parking spaces in a building, the rights to which have already been entered into the Unified State Register of Real Estate;
- changes in the main characteristics of the property.
Accounting for changes in the characteristics of real estate is conditioned by compliance with the basic principles of maintaining the Unified State Register of Real Estate – reliability, completeness and relevance of register information. Untimely accounting of changes or lack of accounting will violate these principles, as a result of which the Unified State Register will contain unreliable information about real estate.
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Expert advice . Basic information from the register is available to any interested party in the form of an extract from the Unified State Register of Real Estate. Upon request, Rosreestr authorities must provide an extract from the Unified State Register of Real Estate, current at the time of drawing up the document. Therefore, any changes to the object must be taken into account at the time the statement is generated.
The result of cadastral registration will be making changes to the real estate register and issuing an extract from the Unified State Register to the applicant.
Layout of the land plot on the cadastral plan of the territory
Civilians and organizations can themselves draw up plans for the location of certain plots if, for example, they are located outside residential areas, are rented out, or are issued without bidding. An auction participant can also make it himself if he is the only one wishing to purchase specific land. The successors of plots after their withdrawal also have this opportunity.
- Changing the boundaries of existing plots, which at this moment are already in private ownership, to create new ones. These can be plots intended for individual housing construction, gardening or vegetable gardening, as well as those that are state-owned.
- When dividing municipal land to allocate it to a legal entity, as well as to a private person on a lease or permanent use basis.
- When it is seized by the administration.
- If possible, get a plot without bidding. This is the only case when the layout of a land plot on the cadastral plan of the territory can be submitted in the usual form, on paper.
- During auctions. To participate in them, an application and a site diagram are submitted for consideration, an announcement is published, and all applications are collected within 30 days. If a single application is received, then the applicant receives the plot and carries out land surveying and the PECT scheme at his own expense, and if there are several applications, then the auction and registration are carried out by the municipality.
- For registration of appurtenances that are owned by citizens.
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Accounting for apartment changes in 2021
The apartment is an independent piece of real estate and is subject to cadastral registration on a general basis. The main characteristics of the apartment, which are subject to registration in the Unified State Register, are indicated in the technical plan. This document is prepared by a cadastral engineer at the request of the owner of the residential premises.
The characteristics, the change of which will require contacting the cadastral registration authorities, include:
- type of property;
- cadastral number;
- number and type of floor on which the apartment is located;
- address and location of the apartment;
- purpose of the specified property;
- apartment area.
In addition, the graphic part of the technical plan of the apartment includes a floor plan or part of it indicating the location of the living space.
Any changes to these characteristics must be reflected in the USRN information. This will require the production of an updated technical plan and its submission to cadastral registration.
Expert advice . Accounting for changes to the property is also carried out on the basis of cadastral work performed by an engineer. The law does not prohibit contacting any cadastral engineer to prepare technical documentation, since publicly available information from the Unified State Register of Real Estate and the results of actual measurements will be used to prepare the plan.
No. | Basic concepts you need to know when drawing up a technical plan and taking into account real estate changes | Description |
1 | Technical plan | Issued for buildings, residential and non-residential premises, unfinished construction projects, garages and parking spaces. It is produced based on the results of cadastral work at the site. Unlike the technical passport of the BTI, the technical plan contains the coordinates of the object and is the basis for cadastral registration of the object in Rosreestr. |
2 | Cadastral engineer | A specialist who has the right to perform cadastral work. The credentials of engineers are confirmed by qualification certificates. The list of all cadastral engineers is on the Rosreestr website. |
3 | Cadastral registration | A procedure during which information on real estate is transferred from a technical or boundary plan to the Unified State Register of Real Estate. Cadastral registration is maintained by Rosreestr. Basic cadastral information of the Unified State Register can be requested by any interested party. |
4 | Site coordination | Determining the boundaries of an object with reference to a geodetic coordinate network, describing its location on the site. Coordination is done by the cadastral engineer when drawing up the technical plan. |
5 | EGRN | Unified State Register of Real Estate. Contains information about all objects, registered rights and encumbrances. It is carried out on the basis of information from technical and boundary plans. |
Contact Rosreestr
After receiving a cadastral passport with a list of changes, it is necessary to register in the Unified Russian Register. To do this, you must submit a cadastral passport (copy) and related documents to the registry chamber:
- application for registration;
- documentation of the owner's rights to own the object (objects);
- a certificate or receipt confirming payment of the fee, which is 500 rubles for a legal entity and 250 for a private person;
- passport or copy according to the rules for submission to the cadastral chamber or register.
Registration is carried out 5 calendar days in advance.
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Algorithm of actions
Changes in the characteristics of a property may occur as a result of the following events and actions:
- dividing the object into several new independent units or separating one or more premises from the general object;
- carrying out reconstruction or major repairs of the building, as a result of which the characteristics of the apartment have changed;
- a change in the characteristics of a building, which entails a corresponding change in the accounting indicators of residential premises (for example, a change in the number of storeys of an apartment building);
- carrying out work on redevelopment or reconstruction of residential premises.
Such work is carried out according to the project. Taking into account the grounds for making changes, the algorithm of actions of the copyright holder for recording the changes will consist of the following stages:
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- approval of the project of work, as a result of which the parameters of the object will be changed;
- performance of work in strict accordance with the issued permit and approved project;
- execution of a work acceptance certificate;
- production of technical documentation reflecting the changes made;
- contacting the Rosreestr authorities to carry out cadastral registration of changes.
Based on the results of cadastral registration, the copyright holder will receive a current extract from the Unified State Register of Real Estate, which will reflect all the changes made.
Expert commentary . A court decision can serve as an independent basis for cadastral registration of changes to a property. For example, such a case would be the legalization of redevelopment or reconstruction after actual work has been carried out in the apartment.
Reconstruction involves work to replace or restore load-bearing structures. Information about the new characteristics of the building must be entered into the Unified State Register of Real Estate after the completion of the reconstruction.
Documentation
To apply to the Rosreestr authorities for cadastral registration of changes in real estate, you will need:
- title documents (certificate of title, extract from the Unified State Register, etc.);
- documents confirming the existence of grounds for cadastral registration, including an updated technical plan of the apartment (a full list of such grounds is specified in Article 14 of Federal Law No. 218-FZ);
- design documentation, if it was required for work in the apartment;
- permitting documentation for carrying out work based on the submitted project;
- act of the acceptance committee based on the results of the work performed;
- a payment document confirming payment of the state duty for cadastral registration.
Expert commentary. Please note that from January 2021 cadastral passports are no longer issued for apartments. The information in this document is included in the extract from the Unified State Register of Real Estate on the basis of the norms of Federal Law No. 218-FZ.
This is what an application for approval of redevelopment looks like. It is submitted to the Moscow Housing Inspectorate.
List of useful documents
Documents for download:
No. | Links | Description |
1 | Sample technical plan for part of the premises | |
2 | Sample technical plan for an unfinished construction project | |
3 | Sample technical building plan | |
4 | Sample application for cadastral registration | |
5 | Sample USRN extract | |
6 | Sample application for a commissioning permit | |
7 | Instructions for the applicant when submitting documents for cadastral registration and registration | |
8 | Sample Floor Plan |
Deadlines for making changes to the public cadastral map
The information on the Public Cadastral Map is updated every day.
This procedure is provided for by the established procedure for maintaining this resource (clause 4 of the Procedure for maintaining the Public Cadastral Map (approved by order of the Federal Service for State Registration, Cadastre and Cartography dated February 18, 2013 No. P/51). Although it can be argued that the information that is on this resource cannot be reliable. Some information may be incorrect. For this reason, the information resource cannot be considered a source of reliable information. Judicial authorities, when considering cases related to land plots, do not take into account information obtained from the Public Cadastral Map.
Approvals
In most cases, changes in the characteristics of apartments occur as a result of redevelopment or reconstruction. These types of work require the design of the project and its approval by authorized government bodies.
The lack of permission entails the illegality of redevelopment or reconstruction, as a result of which the violator may be brought to administrative liability under Art. 7.21 of the Code of Administrative Offenses of the Russian Federation and will be obliged to restore the original state of the object.
The procedure for approving a redevelopment and reconstruction project is regulated by Chapter 4 of the Housing Code of the Russian Federation and Resolution of the State Construction Committee of the Russian Federation dated September 27, 2003 No. 170. When applying for approval, copyright holders submit the following documents:
- application in the form approved by Decree of the Government of the Russian Federation dated 04.2005 No. 266;
- title documents;
- a redevelopment or reconstruction project prepared by an organization that has SRO approval.
Based on the results of all the work provided for by the project, an acceptance committee report is drawn up, which is sent to the cadastral registration authorities.
Expert advice. The law does not prohibit simultaneous redevelopment and reconstruction within a single set of works. In this case, the project documentation will contain a description of changes in both directions simultaneously.
According to the technical plan, the location of the object on the site is determined.
Accounting for changes in premises
In a number of cases, a separate residential or non-residential premises is also recognized as an independent object of real estate, and information about it is entered into the Unified State Register of Real Estate. If the basic characteristics of such a premises have been changed, they are also subject to cadastral registration.
Algorithm of actions
The necessary list of mandatory actions when taking into account changes in the characteristics of premises will vary depending on the intended purpose of the facility. To carry out redevelopment and reconstruction of residential premises, it is necessary to obtain approval from the State Housing Inspectorate. There is no such requirement to take into account changes in non-residential premises.
How to Make Changes to the Public Cadastral Map
- A plan is being prepared that reflects the new boundaries of the allotment. It is first necessary to determine the dimensions and area.
- If the boundary plan does not contain information about the approval of boundaries, then you must attach the original and a certified copy of the resolution of the land dispute.
- The applicant provides a passport for identification.
Procedure for updating data Procedure for updating data Preparation of updated cadastral data and a unified electronic cartographic basis is carried out using the appropriate subsystems, after which the updated data is recorded on a portable storage medium for further cloning on the processor nodes of the Internet portal of public services of Rosreestr.
Our services
]Smart Way[/anchor] provides services for preparing documents to account for changes in real estate. We offer clients:
- design of any construction work, from a new building to redevelopment;
- support of approval procedures, cadastral registration and registration of rights;
- assistance in legalizing redevelopments;
- preparation of reports on the technical condition and safety of facilities;
- support of real estate transactions.
You can learn about the terms of cooperation, cost and terms of service provision during the consultation. The preliminary cost of basic services is shown in the table below.
No. | Service, document | Price |
1 | Design | from 12,000 rub. (depends on the area and features of the object, type of work |
2 | Support of redevelopment approvals | from 10,000 rub. |
3 | Preparation of a technical plan | from 8000 rub. |
4 | Support of the cadastral registration procedure in Rosreestr or MFC | from 12,000 rub. |
5 | Drawing up a technical report | from 15,000 rub. |
How quickly are changes made to the public cadastral map?
- Clarification of legislation12.43
- Technical accounting: technical plans and inspection reports9.04
- Land management works (78-FZ)6.78
- Land surveying: approvals4.52
- Geodetic works3.39
- Land surveying: drawing up a land survey plan3.39
- Legislation2.26
- CI: certification2.26
- Registration of rights2.26
- Registration of land plot for construction1.13
- Branch of the Federal State Budgetary Institution FKP Rosreestr in the Krasnodar Territory1.13
- Technical accounting: refusals and suspensions1.13
- Consultations on real estate registration1.13
- CI: general questions1.13
- Territory planning (PPT and PMT)1.13
To do this, you should press “Shift”, select a segment of the area, highlighting it with the left mouse button constantly pressed. You can view the history of photos, objects and areas you have viewed. After some time, map fragments are sent to the database. To do this, find the extent history in the system.
conclusions
Any changes to the characteristics and parameters of the property must go through the cadastral registration procedure. Regardless of the type of object and composition of changes, the key role for subsequent accounting will be played by the coordination of project documentation and the technical plan drawn up by the cadastral engineer. The result of cadastral registration will be making changes to the Unified State Register and issuing an extract from the register.