All real estate owned must be registered in the state register, and if the property is gone, then the ownership right can be terminated, removing the property from the category of registered real estate.
We will tell you in this article how and in what cases you can remove property from cadastral registration.
What is cadastral registration?
All property of citizens is registered in Rosreestr; if the property can no longer be used due to being destroyed, for example, it must be deregistered. Rosreestr is an organization that stores a database of all types of registered property. Information from the cadastral passport is required for calculating taxes and actions with property - during sale, acquisition, donation, etc.
While the property is registered in the cadastre, taxes are charged to the owner from the state. But no one intends to pay when the property becomes unusable. To avoid taxes in this case, you must deregister the house.
Read about the cadastral registration procedure here.
Information!
If a property ceases to exist, then the entry about it from the State Cadastre is excluded. The responsibility to warn the cadastral registration authorities about destruction, reconstruction, and other actions leading to a change in the original appearance of the object falls on the owner of the house.
Removal of a temporary land plot from the state cadastral register.
In accordance with the provisions of Federal Law No. 218-FZ dated July 13, 2015 (hereinafter referred to as the Law on State Registration of Real Estate), the temporary nature of information from the state real estate cadastre on established real estate objects, provided for in Article 24 of Federal Law No. 221-FZ dated July 24, 2007 “On the State Real Estate Cadastre” (as amended until 01/01/2017) is preserved until the moment of state registration of the right to such real estate or until the state registration of the lease, if the real estate is a land plot in state or municipal ownership, but no later than March 1, 2022.
Upon expiration of the specified period, information about real estate objects that are temporary in nature is excluded from the Unified State Register of Real Estate (hereinafter referred to as the USRN) in the manner prescribed by the procedure for maintaining the USRN.
During the validity period of the temporary nature of information about a real estate object entered into the Unified State Register, information about such a real estate object may be excluded from the Unified State Register of Real Estate at the request of the owner of the real estate object or the owners of the real estate objects, as a result of the transformation of which such a real estate object was formed.
If land plots were formed from lands or land plots, state ownership of which is not demarcated, exclusion from the Unified State Register of Information about the relevant land plots is carried out at the request of a representative of the state authority or local government body authorized to dispose of such land plots.
Thus, in order to remove a temporary land plot from the cadastral register, the owner of the property, or the person specified in paragraph 7 of Article 72 of the Law on State Registration of Real Estate, must contact the rights registration authority or any office of the MFC and provide the following documents:
— application for removal of a property from the state cadastral register;
— a document confirming the relevant powers of the applicant’s representative;
— a copy of the document on ownership of the converted (original) land plot (land plots), in the absence of this information in the Unified State Register of Real Estate.
It is also necessary to take into account that previously registered and recorded land plots are subject to removal from the Civil Code only by court decision.
Land plots registered in the cadastral register after 01/01/2017 have the status “current”. If, within five years from the date of state cadastral registration of a land plot formed from lands or a land plot for which state ownership is not delimited, state registration of property rights of the Russian Federation, property rights of a subject of the Russian Federation, municipal property rights, private property rights has not been carried out, permanent (perpetual) use, gratuitous use, lease, trust management, the rights registration authority removes such a land plot from the state cadastral register, with the exception of land plots formed during the implementation of complex cadastral works occupied by squares, streets, driveways, embankments, squares, boulevards, water bodies, beaches and other public facilities, the formation of which is provided for by the land surveying project approved in the manner established by the legislation on urban planning activities, which after formation will relate to public lands, public areas, as well as land plots occupied by buildings, structures, objects unfinished construction (clause 15 of Article 41 of the Law on State Registration of Real Estate).
Reasons for removal
To deregister a house you must have justified reasons. Only the following cases can be grounds for deregistration of a home:
- Loss of property (demolition, fire, etc., which no longer allows the house to be used for its intended purpose);
- Reconstruction of a building, when significant changes occur and the building needs to be redesigned;
- When several registered structures are combined into a single one;
- If several separately decorated rooms of a communal apartment are re-registered to one owner;
- If, on the contrary, one house is divided into several apartments;
- And other specific cases.
Information!
Buildings cannot always be removed from the cadastral register; for example, if only part of the premises has fallen into disrepair, they can simply change the area of the object rather than register it from the Rosreestr database.
Read how to order a certificate of cadastral value here.
Peculiarities
The process of removing a building from cadastral registration depends on the category of the house:
- Burnt building . A fire in a house is possible for various reasons - arson, accident, short circuit, etc. You cannot build a new house on the site of a burnt one, and then present it as a rebuilding or reconstruction. A burned house must be deregistered. And only after deleting the registration record can new housing be built.
- Destroyed house . In such a situation, the owner can deregister the object or restore it. In most cases, they resort to the first option. But before submitting an application, the destroyed building must be completely demolished. Then you can invite an engineer to draw up an inspection report.
- Apartment building . The decision to restore or remove a house from cadastral registration is made only by an engineer with the appropriate license.
Where to contact?
To deregister property, you can contact the territorial cadastral chamber or Rosreestr, as well as the MFC department (Multifunctional Center).
At the cadastral chamber, you will most likely have to stand in line, but the MFC is designed to relieve the workload of such institutions, so there are no queues there. MFC employees will also contact Rosreestr, but on their own; you will only need to bring them the documents, and then you will be notified that the information has been removed from the register.
Procedure
First you need to collect enough evidence that the object is missing or is no longer suitable for ownership. This document can be obtained by ordering an inspection at the BTI of the property. Employees of the organization will have to go to the location of the object and verify its destruction or other grounds for deregistration. After this, you will be given a certificate of inspection of the object from the BTI. With this certificate, you must come to Rosreestr, the cadastral chamber or the MFC and draw up an application to exclude the property from the register.
Information!
After notification of the receipt of an application to remove an object from cadastral registration, the entry in the Unified State Register is canceled.
How to remove a destroyed house from cadastral registration
To remove a burnt or destroyed house from the registration register, a building inspection report is required . This procedure is carried out by the cadastre authorities. When contacting this organization, you should enter into an agreement with a specialist.
But before signing it, it is recommended to check that the engineer has a certificate giving the right to inspect the buildings and draw up the relevant acts. You can check the employee on the Rosreestr website.
After signing the agreement, the engineer must come to the site where the remains of the house are located. After the inspection, the specialist issues a report, which must indicate the reason for deleting the registration record. Next, this document is submitted to the Registration Chamber in any convenient way.
The decision on the application is issued within the prescribed period:
- 5 working days – through Rosreest (personal application or remote submission via the Internet);
- 7 working days – through the MFC.
If the decision is positive, the applicant is issued an extract confirming the removal of the building from the cadastral register. The document can be delivered to the applicant in person, through a representative or by post.
What is the price
This service is provided free of charge, without paying state duty. But this applies only to the above organizations.
When contacting third-party institutions, a fee may be charged, so it is worth clarifying this point in advance.
Documentation
In order for your application to be accepted by the organization, you must also provide the following documents:
- Passport of a citizen of the Russian Federation of the owner of the object or representative;
- If the procedure is not carried out by the owner - a notarized power of attorney;
- An act from the BTI on the inspection of the object with a conclusion confirming the cessation of the existence of the object;
- Certificate of ownership of real estate.
Attention!
An application to remove an object from cadastral registration must be drawn up on a special form from Rosreestr; it must be signed not only by the owner, but also by an employee of the organization receiving the application.
If you are re-registering real estate, for example, during a merger, then you can submit documents immediately with those needed to register the new property and the corresponding application.
An employee of the organization accepts all documents against receipt of acceptance.
Voluntary demolition of OKS
The owner of the building can, at his own discretion, demolish the building at any time. This was the case until August 4, 2021. Now, before demolishing capital construction projects, you need to notify the administration about the start of work on the site, and then about its completion.
The new procedure for removing OKS from cadastral registration was determined as of 08/03/2018.
Read below what changes have been made to the town planning code, and what documents must accompany the demolition.
Step 1 – Project Preparation
Before demolishing a building, you must order a Project for organizing demolition work from design organizations (hereinafter referred to as the Project).
Any non-residential buildings, production workshops, structures and warehouses are destroyed only in accordance with the Project.
There is a closed list of real estate objects for the demolition of which the Project is not required, but can be prepared solely at the request of the owner.
In accordance with the Project, you can demolish:
- Garages of individuals built on plots not intended for business.
- Residential and non-residential buildings on garden plots.
- Houses on land plots designated as individual housing construction.
- Auxiliary buildings (intended for the functioning of the main structure - a residential building).
- Non-permanent structures.
So, for the demolition of buildings belonging to the above list, preparation of the Project is not required, but notification of the start of demolition work and the completion of demolition is required.
Step 2 – Sending the first notification
Notice of the upcoming demolition must be sent to the authority that issues construction permits 7 days before the physical destruction of the property.
Before demolition of any registered structure, a demolition notice must be filed. This rule has been in effect since August 4, 2021 and applies to both legal entities and individuals.
In order to comply with the demolition procedure defined by law, it is enough to contact the MFC. You will be given a prescribed form to fill out. The Project must be attached to this document (if its preparation is mandatory).
After 7 working days, you can begin the actual demolition of the structure.
Step 3 - Actual demolition of the site
Work on the site is carried out in accordance with the Project.
The facility is disconnected from utility networks upon prior application to the operating organization.
Step 4 – Sending a Second Notice
No later than 7 days after the work to liquidate the object in situ, it is necessary to submit a notification again to the authorized government agency, but this time about the completion of the work. This can also be done through the MFC by filling out a special form.
The authority responsible for issuing construction permits will put marks on the forms of the two notifications indicating that they have received the documents. Representatives of a government agency have the right to go to the address of the facility and check whether the building is truly completely destroyed.
The responsibilities of the authorized body include posting information from notifications in the ISOGD.
Step 5 – You need to order an inspection report
Your two notifications with marks from the authorized body serve as the basis for preparing an inspection report. The cadastral engineer is responsible for the survey reports.
With this document, the engineer confirms the actual absence of the property.
Without notifications as part of the inspection report, the object will not be removed from the cadastral register. Just like the presence of two notifications without an act is also not enough to complete the procedure for the legal demolition of a capital structure.
Step 6 – Removing the property from the cadastral register
The owner of the building must submit an application to Rosreestr (through the MFC) to deregister the property.
Along with the application you will need:
- Passport of a citizen of the Russian Federation.
- Inspection report.
- First notification of the start of work.
- Second notice of completion of work.
- Application (filled out by an MFC employee).
The processing time for documents is 7-10 business days.
From the moment the OKS is deregistered, it will no longer be subject to taxation.
Read: How to challenge the cadastral value of real estate
Deregistration fee and deadlines
Deregistration of a property is a free service, so none of the proposed organizations charge state duties or other fees, but if you contact third-party organizations, most likely the service will be paid.
Read here how to obtain a cadastral passport for a land plot.
Cadastral deregistration occurs within 18 days or faster. Confirmation of deregistration is an extract from the cadastral register, which is issued along with other documents submitted to the institution. Documents are served only upon presentation of a receipt.
Nuances
If your property is declared unsuitable for ownership by the court, then bailiffs are responsible for deregistering the property. The owner does not need to locate the cadastral chamber himself and remove his property from the cadastre; officials will do this for him.
Also, if an emergency building is demolished, the owner of one apartment in the building does not need to separately deregister the property; responsible officials authorized to do so will do this for him in relation to all owners of the apartment building.
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What documents and certificates are provided to remove real estate from cadastral registration?
The history of the building doesn't matter. It could burn, collapse, or become unusable due to time and lack of care. The procedure and registration procedure are the same. The applicant must collect the following package of papers and certificates:
- Application with a request to remove a building from cadastral registration.
- Inspection report (drawn up by an authorized cadastral specialist).
- Passport or similar document proving the identity of the applicant. If the property is not registered in his name, then a power of attorney from a notary office will be required.
- If the applicant expresses a desire to exclude the structure from the cadastre with the help of a court decision, then this paper must be attached.
