How to register an apartment building in the cadastral register in 2021: deadline, who registers and procedure

General information about cadastral registration

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 2021, 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 extracts from the Unified State Register are now issued.

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 of technical plan and submission of application 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:

• selection of an authorized person to collect documents;
• contact local government authorities with applications for the formation of a local area;
• carrying out land surveying and obtaining a technical passport from the BTI;
• collecting a package of documents for Rosreestr or the Cadastral Chamber (you can apply through the MFC);
• obtaining a conclusion and cadastral passport from the department;
• the adjacent territory becomes the property of the residents from the moment of its state cadastral registration.

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 the house is cooperative, 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. We wrote about how to do this at this link.

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:

1. Statement.
2. Title documents for the object;
3. Construction permit;
4. Schemes of engineering and technical nature;
5. Documents – confirmation of the building’s compliance with the requirements and parameters;
6. Confirmation of the conclusion of an agreement on compulsory insurance of the owner’s liability for damage;
7. Description of the location of the boundaries of the security zone (list of coordinates);
8. Acceptance acts for the preservation of cultural heritage (Federal Law No. 73) - for restoration objects;
9. Technical plan of an apartment building (capital construction project).

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.

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.

Cadastral registration for underground parking

The state registrar of rights may suspend the activities listed above if the boundaries of the parking space partially or completely coincide with the boundaries of another room or parking space (clause 52, part 1, article 26 N 218-FZ).

This does not apply to properties being converted. To know for sure, the state registrar of rights will check the fact with information from the Unified State Register of Real Estate.

If, after the division of a real estate object, two or more real estate objects are formed, they are placed on the cadastral register and the rights are registered simultaneously (Part 1, 3, Article 41 N 218-FZ). At the same time, they are removed from the cadastral register and state registration of the termination of rights to the original real estate objects is carried out.

Therefore, Rosreestr concludes that cadastral registration and state registration of rights takes place simultaneously for all parking spaces in the underground parking.

Nuances of filling out the section “Characteristics of the property” of the technical plan for parking spaces. In line “3”, indicate the cadastral number of this non-residential premises as the cadastral number of the original property. And in line “6” - the cadastral number of the building where the parking spaces are located.

What to do if the information from Rosreestr and the MA does not match

Step-by-step instruction

To register an object, regardless of type, with cadastral registration, it is important to follow a simple sequence of actions. Independent actions do not cause difficulties, because only the necessary minimum of documents is required. Step-by-step algorithm:

Stage 1. The apartment owner must prepare documents. The main one is a document of title, which is a privatization act, a gift or sale agreement, or a certificate of inheritance. Art. 18 Federal Law No. 218 defines the exact list of possible documents.

Stage 2. The new object can be simultaneously registered and the ownership of it can be registered. Additionally, you will have to pay a state fee for registering property, which according to paragraphs. 22 art. 333.33 of the Tax Code of the Russian Federation is 2000 rubles for individuals.

Stage 3. Prepared documents can be submitted using one of the following methods:

• personally;
• through a representative who has a notarized power of attorney;
• through payment for field service of a Rosreestr employee;
• by contacting the MFC;
• through the State Services portal.

Stage 4. The registrar will check the documents and then register the object. The relevant information appears in the state register.

Stage 5. When the registration steps are completed, a notification is sent. After this, you can apply for an extract from the register.

Package of documents

The owner of the apartment must submit documents according to the list:

• passport;
• application of the established form;
• title document for the apartment;
• technical passport and plan from BTI;
• receipt of payment of state duty.

According to Articles 25.3 and 333.17 of the Tax Code of the Russian Federation, a state duty is established. Not only a private person, but also a legal entity can act as a payer. The receipt must be paid before contacting a specialist, because without it the application will not be accepted. The state duty is 200 rubles for citizens and 600 rubles for organizations.

Application methods

Any citizen can choose a convenient way to apply for cadastral registration:

1. In the Rosreestr department. Here, documents are submitted directly, since it is in this institution that the apartment will be registered. A minimum processing time is established.
2. MFC. The procedure is no different, but it takes 2–3 days to send the documentation to Rosreestr.
3. Send via Russian Post. Shipping significantly increases the registration period. You will have to send not the documents themselves, but copies certified through a notary. The notary must also certify the applicant's signature.
4. Through the portal of Rosreestr or State Services. Scans of documents are uploaded and the application form is filled out. At the final stage, personal presence at Rosreestr is required with the provision of original documents.
5. Field service is provided for a fee. As a rule, it is necessary for citizens with limited mobility.

You can also order an extract when submitting documents for registration of property rights and cadastral registration, simply by attaching an application and a paid receipt.

Read more about how the registration of ownership of an apartment occurs.

Deadlines

According to Federal Law No. 218, uniform deadlines are established for consideration of applications, regardless of the method of submission and the number of owners. In Part 1 of Art. 16 specifies a period of 5 days for entering information about the property to start cadastral registration of it. If documents are submitted through the MFC, the period increases to 7 days, since it takes time to deliver them to Rosreestr.

If the application is submitted simultaneously for registration of property rights and cadastral registration, the deadlines increase to 12 and 10 working days, respectively. In case of a court decision, the registration period does not exceed 5 days.

Features for new buildings

If the apartment is located in a new building or a building under construction, additional documents are required:

• equity participation agreement;
• the acceptance certificate, if it is drawn up;
• act of initial measurement of the house by the developer;
• a loan agreement, if funds for the purchase are provided by the bank against a mortgage.

You may be interested in: how to buy an apartment with a mortgage?

If the house has not yet been completed, registration is possible after installing the foundation and erecting the walls. Before selling apartments, documents are submitted again indicating the exact technical data and cost of the property.

General information

The document confirming the verification of Rosreestr is called a cadastral passport. Each owner must have a copy of the cadastral passport, regardless of place of residence.

The cadastral passport contains the following data:

• cadastral number of the apartment;
• room area;
• technical equipment of the building;
• construction features, materials for construction work and finishing options;
• detailed information about the owners of the living space;
• location of the building, address;
• estimated value data to determine the amount of property tax.

All information is available on the official website of the State Real Estate Cadastre. Here you can get information about the building and possible tax arrears.

The registration procedure is mandatory for the following real estate:

• apartments;
• warehouse premises;
• premises for production;
• linear buildings;
• buildings under construction.

If you want to remodel your apartment, move non-load-bearing walls, or make an extension to your house, you need to reissue your passport. Without this document, it will be impossible to sell an apartment with redevelopment, and independent actions are not encouraged by housing law.

If changes are made to the structure of the building and they are not reflected in documents, then purchase and sale transactions, donations or exchanges become impossible.

A cadastral number is assigned or liquidated under the following circumstances:

• upon completion of major renovations in the apartment;
• when moving into a new building;
• upon partial sale or division of property;
• when selling living space.

Do not accept without documents

If your contract contains such a clause as the developer submitting cadastral documents and carrying out registration, then you should not accept the apartment without such documents. When it comes to shared construction, future owners try to monitor the fate of the building and strive to take ownership of the property as soon as possible. This is where the main mistake is sometimes made. The fact is that by signing the property acceptance certificate immediately after the building is put into operation, the shareholder automatically becomes the owner, and if a separate apartment has not been registered in the cadastre, then all the troubles fall on the shoulders of the new owners.

If you accepted an apartment from a developer, but you did not find an extract from the cadastral register in the documents, then, most likely, you will have to register the property and enter it into the register yourself . Today, registration can be carried out quickly and without unnecessary hassle by submitting a package of documents to the MFC. Here, employees will advise you on the data available in the register. If the apartment building is included in the register, then you will be asked to request an extract, but if not, then you will have to call a BTI inspector, who will take measurements, draw up a technical description of the residential premises and present it to you. After this, you will be able to register the apartment in the cadastral register.

Attention!

When accepting an apartment from a developer, be attentive to the technical documentation. If you do not find technical documents, there is a high probability that the developer did not carry out the necessary procedures.

The procedure for entering into the register (registration) of dachas, houses, cottages, land plots

Not only owners, but also tenants can apply to be included in the register of unregistered real estate. According to the law, such a right exists:

• from property owners;
• tenants (only if the lease term is 5 years or more);
• subjects who received property under the right of perpetual use.

These categories of citizens can apply for registration in person or through their authorized representatives (with a notarized power of attorney).