25.02.2019
Cadastral registration
Previously, the main documents for a house were a cadastral passport and an extract from the Unified State Register. From January 1, 2021, these documents were abolished, and the data they contained was combined into an extract from the Unified State Register of Real Estate. This innovation is spelled out in the amendments to N218-FZ “On State Registration of Real Estate”.
Previously, it was necessary to obtain a cadastral passport for a residential building from the Cadastral Chamber, after which the client went to Rosreestr for an extract from the Unified State Register. The first document was issued indefinitely and was updated only as necessary, that is, when the following changes were made:
- new cadastral value of the property;
- new cadastral number (in connection with the merger or division of houses);
- new graphic plan (due to changes in the configuration of the premises).
Obtaining a cadastral passport for a property was required to sell a house, but experts recommended obtaining it in a timely manner.
Cadastral passport for a house - type of document
A cadastral passport usually includes three documents:
- A document containing technical information about the property;
- A graphic plan containing a diagram of a private house;
- A document containing information about the presence of encumbrances, if any.
This document includes the following information about a private house, it contains the following data:
- number of floors;
- purpose and type of real estate (plot for individual housing construction, residential building, garage, etc.);
- cadastral number of the property;
- a detailed description of the location of the house on the site;
- area of the house or property;
- state house number, which was assigned earlier;
- date of entering information into the Russian register;
- cadastral number of the land plot on which the house is located;
- cadastral quarter number;
- mailing address;
- absence or presence of legal restrictions;
- year of commissioning of the house;
- information about the owner, including his contact details;
- construction material;
- information about the cadastral engineer who performed the technical work;
- if the house is not completed, the degree of readiness.
Any interested party, including government agencies and courts, can obtain information from the cadastral passport.
The cadastral passport does not have an expiration date; it is unlimited. There is a need to change it only if some of the information specified in this document, the characteristics of the reconstruction of the house have changed (for example, as a result of redevelopment) or if necessary. For example, to complete transactions secured by a house, some banks require the presentation of a cadastral passport of the property no older than a year.
Reasons for refusal
The legislation provides for situations in which an application written to receive documents and create a cadastral passport is rejected.
Reasons for refusal to generate a cadastral passport for a residential or country house:
- documents do not comply with the established form;
- Not a complete package of papers is provided;
- the boundaries of the land territory are not precisely defined, moving to the neighboring plot;
- discrepancy between the information from Rosreestr and the data specified by the applicant.
The owner is notified of the reasons for the refusal.
List of documents for obtaining a cadastral passport for a house
When receiving a cadastral passport for a house, you are required to have the following documents:
- technical plan of the house;
- statement from the owner;
- notarized power of attorney, if a representative submits documents instead of the owner;
- certificate of ownership or extract from the Unified State Register of Real Estate;
- a document establishing ownership (sale and purchase agreement, gift, certificate of inheritance, etc.);
- receipt for payment of state duty.
In cases where there is no technical plan for the house, it needs to be drawn up. Since 2014, accredited cadastral engineers have been involved in the preparation of technical plans. The list of companies and individual entrepreneurs that have the right to engage in cadastral activities is posted on the official website of Rosreestr.
The contract with a cadastral engineer or company, for example BTI 2.0, must indicate the terms of technical work and collection of data about a residential building. A cadastral engineer comes to the address of the property, makes a geodetic survey, and takes the necessary measurements. Verifies the actual and documentary boundaries of the site on which the building is located. The cadastral engineer draws up a floor plan, where he specifies all the dimensions and building materials used.
Sample
The form for filling out a cadastral passport for a residential building is established at the state level and has an official sample.
You should consider it to understand what a document such as a standard cadastral passport for a house is.
The official requirements stipulate its description in three sections containing:
- detailed technical data of the premises in question;
- graphic display of the plan of the object and the adjacent territory related to it;
- an extract from the technical passport data.
Registration requirements include the presence of a mark indicating the date of registration of a residential building or other premises.
Important! Federal Law No. 218 “On State Registration of Real Estate” was finalized and the cadastral passport as a separate document was abolished. Based on the innovation, from January 1, 2017, an extract from the Unified State Register of Real Estate is issued, which includes an expanded list of information that combines information from two government agencies: the real estate cadastre and the unified register of rights.
Thus, the provided extract from the Unified State Register is an actual analogue and replacement for the cadastral passport.
An extract is required for:
- confirmation of the right to use the house;
- carrying out any legal transactions and transactions with him;
- real estate insurance;
- redevelopment;
- obtaining a loan secured by it.
The presence of an extract allows legal entities to dispose of property as authorized capital or recalculate the company's fixed assets, as well as implement bankruptcy.
You can see what a sample of the new cadastral passport looks like below:
The requirements for obtaining a cadastral passport for a house, apartment or plot of land are generally similar.
Apply for a cadastral passport for a house at the MFC
An alternative to visiting Rosreestr is to complete the necessary documents at the MFC. This also saves time on submitting documents, since multifunctional centers operate in a “one window” mode.
But it is worth considering that the production time for a cadastral passport through the MFC will be longer. This is due to the fact that documents will be sent by courier from the territorial multifunctional center to Rosreestr. If the registration of a cadastral passport does not need to be done urgently, you can submit documents through the MFC.
General points, purpose of the document
This state-issued document contains the most complete information about each specific property. It contains the following information:
- location, house number, name of street, city or village, summer cottage;
- what this property is intended for, what its trade name is;
- quantity and type of building material for the house;
- what site is it on and how many floors does it have?
This document consists of three parts. In the first part, all information about this property is filled out in writing, in the second part - images and drawings of the house, in the third - data taken from the passport for the house, the date of its construction.
A house document is needed to register the owner of the house when selling or buying property, when taking possession in the form of inherited property. A cadastral certificate for a house can be obtained as follows:
- Prepare all the necessary documents and their photocopies, go to the state cadastral service, write an application, submit all the required documents.
- You can obtain a document for your home through specialized organizations; this is a paid service.
- Go to the government services portal in the required section and, having filled out all the necessary data, make an application to receive the required official paper.
Currently, a program has been in place in the Russian Federation for a long time, on the basis of which all types of property, even garages, garden plots, sheds and houses of any plan and size, must be registered in Rosreestr. And each house is assigned its own individual number.
In order not to receive a passport for the house, you can contact Rosreestr and take an extract indicating that the house has passed the necessary legal checks and all documents have been drawn up for it.
Order a cadastral passport on the Rosreestr website
There is no need to go somewhere to submit documents to obtain a cadastral passport. You can do this electronically online on the Rosreestr website or on the State Services portal.
Documents that are sent on the official portals of government agencies must comply with the requirements specified in the sections of the sites. For example, it is necessary to sign documents with electronic digital signatures; they are usually required to be submitted in XML format.
When you submit documents online, the system will notify you that all data in the documents corresponds to the required format or inform you about errors. After submitting your application, the system will receive a notification that the documents have been accepted for processing. The date when you need to come for the documents will be indicated after the documents are accepted by the system.
How to get
According to Russian legislation, a cadastral passport can be obtained by any person who has the right and is authorized to perform this action. When submitting an application, you must have your passport with you and know the cadastral number of the property . To clarify data on an object, the cadastral chamber offers to provide the client with his cell phone number. After 5 days , the passport is issued to the applicant.
To obtain a cadastral passport, you must contact the authority in charge of issuing passports. From January 1, 2013, all functions for maintaining cadastral passports were transferred from the BTI to the cadastral chamber, which is the authorized body of Rosreestr.
Required documents
- standard application for the right to obtain a passport;
- detailed boundary plan of the site;
- upon receipt of the passport by the authorized representative of the owner of the house, a notarized power of attorney is issued, in accordance with the law;
- provide a registration certificate giving the legal right to own the property;
- if it is necessary to obtain a passport for a site, relevant documents certifying its category must be presented;
- a copy of the applicant's passport;
- a document confirming payment of the state duty;
When registering a cadastral passport in Rosreestr, the client is charged a state fee of 200 rubles . The client pays a fee indicating the details of the region where the object is located. When issuing a passport electronically, the service fee is 150 rubles.
When engaging companies that provide intermediary services for collecting and processing passports, payment is established by a separate agreement taking into account the customer’s requirements and the contractor’s prices and varies from 1,500 to 10,000 rubles.
Stages
The process of obtaining a passport can be carried out using several options:
- collect the entire package of documents and submit an application to the Russian registry independently;
- use the services of a qualified specialist;
- issue an application using the Internet on the Rosreestr website;
- using the capabilities of ITC;
- send a package with documentation using the government services portal;
A cadastral passport is also required by owners mainly when making financial, property transactions, loans and other transactions.
It is mandatory to present a passport:
- when concluding a purchase and sale agreement for a building;
- when drawing up an agreement related to the exchange;
- when concluding and executing a gift agreement;
- in case of purchasing an apartment during shared construction;
- if necessary, provide a passport to the facility when filing a claim with the judicial authorities;
- when applying for a loan from a bank where the property is used as collateral;
- when preparing insurance documents;
- drawing up a lease agreement for the property;
- when registering an object as part of the capital in the authorized capital of the organization;
- during bankruptcy proceedings;
- when carrying out financial calculations, revaluation of the organization’s fixed assets;
It is especially worth paying attention to submitting a package of documents using the Internet on the Rosreestr website.
All documentation is completed on the website, where all document forms are filled out, and the type of cadastral passport chosen by the applicant is selected:
- electronic;
- in the form of a paper document;
It is possible to order (it is recommended) to receive a passport immediately in electronic and paper form, indicating the method of obtaining the document.
Next, you need to pay the state fee using the electronic payment system and transfer the data through the website indicating the details.
Registration of a cadastral passport by mail
Make a cadastral passport by sending a notification at the post office. To do this, you will need to have your documents notarized. You can also send documents certified by an electronic signature.
Documents must be sent by registered mail with a list of attachments. It is also required to request notification of receipt of documents. A registered letter is sent to the territorial office of Rosreestr at the location of the building.
What is the price
If the premises are registered for the first time, no payment is required. But the next time you apply, you will need to pay an amount of 900 to 9 thousand rubles. The price is for legal services.
Many citizens are interested in the question of how to get this passport for home and where to get it? In case of urgent registration, the price of the law firm’s services increases, you will have to pay twice as much.
Established amounts of state duty:
- cadastral passport for individuals – 201 rubles;
- organizations – 610 rubles;
- to obtain an extract from the cadastre for individuals – 401 rubles;
- to obtain an extract from the cadastre for organizations - 1201 rubles.
When receiving these documents via the Internet, the costs will be lower. For WWII veterans and disabled people of groups 2 and 1, these services will be free.
Cost and time frame for obtaining a cadastral passport for a house
When a house is registered with the cadastral register for the first time, the period for issuing a cadastral passport takes 5-7 working days from the date of acceptance of the documents. When you send an application by mail or through the MFC, the period will be counted from the moment the documents are received by the Rosreestr employee.
The state fee for issuing an extract from the Unified State Register is:
- for individuals – 750 rubles on paper, 300 rubles on electronic media;
- for legal entities – 2200 rubles on paper, 600 rubles in electronic format.
Judicial practice on main issues
The owner, as well as the buyer, have the right to appeal the decision of one or another state authorized official keeping records in court.
The reason for appealing to a higher authority or court may be:
- violation of the deadlines for the statement generation process;
- unjustified refusal to accept an application or issue an extract;
- employee's request to provide additional papers.
So, for example, when a claim is filed with the district court with a request to eliminate obstacles that have arisen when using one’s own allocated land, it is necessary to provide evidence of the occurrence of such obstacles. As can be seen from judicial practice, the act of removing the boundaries of a site is accepted as evidence.
The court issues a ruling indicating the need for an examination to confirm the presence of an error in the location of the boundaries.
At the same time, the owner of the adjacent land territory files a counterclaim, indicating an error in the cadastre and an appendix with a conclusion signed by an engineer.
A third party when considering a controversial situation may be the Cadastral Chamber represented by a representative calling on the applicants to consider the settlement agreement.
The applicants give positive consent to reconciliation, and the cadastre error is corrected.
Is it possible via the Internet?
You can order this document via the Internet. To do this, you need to go to the official website of Rosreestr and fill out the necessary items and fields:
- in Rosreestr, in the required section that relates to the cadastral service, find the application form and fill it out;
- enter all personal data and information requested by the service on the construction site;
- when everything is ready, the service will send a number by which you will need to receive a passport for housing;
- a code will be sent to your email using which you will need to pay the state fee in the amount established by law;
- You can also pay this tax using the Internet;
- return to your personal account, double-check all entered data, codes and payment amounts. If everything is correct, then transfer the money to the specified account.
When receiving a document in electronic form, it is enough to pay 151 rubles. When receiving the same document in paper form, you need to pay 210 rubles.
In order not to fill out the paperwork yourself and not waste precious time, which is sorely lacking, you can entrust the work on this issue to the relevant organizations, but it will cost much more. They will prepare and deliver the finished documents to the specified address.
You can obtain a passport by going to the cadastral service in person, via the Internet, ordering private delivery by courier or by mail. The passport is issued within 5 days, and sometimes you have to wait a month. If the passport is not received within the last period, you can file a complaint with the courts.