Validity period of the cadastral passport for the apartment |

Most owners of property rights are wondering what is the validity period of a cadastral passport for an apartment? In theory, many people believe that since there is a document, the action is unlimited. In most cases, you are right, but there are certain nuances that the owners of property rights are not aware of. In addition, there is an additional and significant nuance that affects the validity of the cadastral passport for an apartment: the complete abolition of such a document from 2021. This is due to the fact that the new Federal Law-218 came into force, which changed the principle of forming the Rosreestr database and established a new sample of a cadastral certificate - an extract from the Unified State Register of Real Estate. At the same time, the old cadastral passport retained its validity under certain conditions. Find out the validity period of new cadastral documents by ordering an extract from the Unified State Register of Real Estate here.

Features of the validity of a cadastral passport for an apartment

Our information resource will help you in real time, without hassle and queues, order an extract from the Unified State Register of Real Estate in electronic or paper format.

Validity of a cadastral passport for an apartment As you know, on January 1, 2017, a new cadastral law was introduced, which defined some interesting provisions for all owners of property rights without exception:

The cadastral passport ceases to exist, but previously issued documents remain valid.
If the owner of the property right has made any changes to the status of the property, including redevelopment, it is necessary to obtain a new extract from the Unified State Register.
When applying to the courts on controversial property issues, you only need to order a new cadastral regulation - an extract from the Unified State Register of Real Estate.
Sale, exchange and other actions with real estate are carried out only by ordering a new extract from the Unified State Register of Real Estate.

These are the main points that showed that the cadastral system is being improved, new state standards for registering property rights are being introduced.

An example from judicial practice

In an open court session, the case was considered based on a citizen’s claim against the Oryol branch of the BTI for compulsion to commit actions. The applicant indicates that ownership of the apartment was registered on the basis of a purchase and sale agreement, for which a certificate of state registration is provided. Next, a technical passport was issued at the BTI.

The plaintiff decided to sell the property, but it became known that the transaction required a cadastral passport. When contacting Rosreestr for the area where the apartment is located, an extract from the Unified State Register is provided. But it became known that there were errors in the documents. The actual area is 5 square meters less than the declared one. m.

An employee of Rosreestr recommended applying to the BTI to take measurements and provide a new technical passport. But the BTI refused to justify the mistakes made. As a result, the sale of the apartment was disrupted because the client did not want to wait for the process to be completed and chose another option.

The court came to the conclusion that the extract is prepared on the basis of technical information, therefore the BTI is obliged to make the necessary changes within 2 weeks and provide the plaintiff with a document for submission to Rosreestr.

Thus, one of the most important documents for the owner is the cadastral passport. It is necessary for making real estate transactions and in some other cases. It is issued for any building, land plot or apartment. After filling out the appropriate application, the owner is given an extract that includes basic information about the property.

(cadastral passport)

The second burning question is, what is the validity period of the cadastral passport for the apartment? There are no clear deadlines in the law, but there are certain recommendations, both from the law and from experts.

The new cadastral passport does not have a validity period, but only if there have been no status changes in the characteristics of the property.
It is recommended to update information at least once every 5 years, and for cities of federal significance - once every 3 years.
For judicial practice, use information no older than 30 calendar days.
Every 5 years, Rosreestr will enter information about changes in the cadastral value of real estate, therefore, the information database on your subject of law changes.

Figuratively speaking, if you have not made any changes to your real estate, including your documents (for example, you changed your passport), then the extract from the Unified State Register of Real Estate is unlimited.
If there are changes, order a new cadastral passport. Get complete information about your property

Get information about your property

How to decipher the cadastral number?

Each cadastral number is part of a coherent scheme. The numbers limited by the first separator indicate the number of the cadastral district. It can be found in the general list of district codes of the Russian Federation, there are 89 of them.

The second part of the number reflects the cadastral region. Its number also corresponds to the administrative-territorial layout. Municipalities have the same numbers.

The cadastral quarter is indicated in the third part of the number. Typically, certain groups of buildings are separated into such blocks. This could be a series of summer cottages, small settlements, a small number of microdistricts. Anyone can see information about this on the official websites of some municipalities. They are also allowed to be viewed in cadastral division projects.

The personal area number is filled in last. On the division diagram, each house is marked with an exceptional number. In all project documentation you can find the building by this number.

For which real estate objects are documents drawn up?

A passport for an apartment can be issued without an inspection by a cadastral engineer. But in this case, you need to remember that the reliability of the data may be questioned and may not coincide with the technical characteristics of the property. A cadastral engineer must inspect the apartment if it has undergone redevelopment or any other actions.

A document for a residential building can be issued at the request of its owner. It is drawn up according to primary inventory data before being put into operation. In case of changes in information related to any actions, redevelopment, reconstruction of the house. The document can also be drawn up on the basis of a preliminary inventory carried out by a cadastral engineer.

A cadastral number for non-residential premises is issued at the request of its owner. It can be issued for a garage, business premises, warehouse and production premises. Such a document reflects all information about objects and their graphic layout. A cadastral number is issued in order to register an object.

Where to get a registration certificate

Who is engaged in the production of technical passports:

The main powers belong to technical inventory bodies (BTI). They prepare both new technical passports and provide information from the archive.
Private companies that have received a license to compile technical data sheets.
Applications for the preparation of technical passports are accepted at the MFC and processed at the BTI.

Read: What is an allocated share in an apartment and how to apply for it in 2021

How to get it correctly?

In fact, every citizen can obtain a cadastral passport after paying a state fee and writing to the above authorities. But only the full owner has the right to make changes to the cadastral and technical passport. For example, during redevelopment, division of real estate, change of owner or owners, assignment of a new address, and so on. Rosreestr requires regular entry of fresh data into these documents, at least once every 5 years. Procedure for obtaining a cadastral passport:

The applicant must contact the Cadastral Chamber, MFC or consulting companies such as the Star-Service Center for Cadastre and Registration with a completed application in which he requests the issuance of a cadastral passport at the specified address. This procedure is also called cadastral registration, since from the moment a unique cadastral number is assigned, government control authorities are able to identify and support transactions with real estate. If you have already received a cadastral passport, but it was lost, the data entered into it is no longer relevant, you must inform the employee who carries out the cadastral registration of your apartment about this. It may be necessary to call a surveyor who arrives at the agreed time, calculates the living space, notes the presence of a balcony, number of floors, and utilities.
Since a citizen of the Russian Federation can obtain a cadastral passport, all you need is a passport. If you need to make changes, or you are registering a cadastral passport for the first time, you will need the entire package of title documents for the specified property. This could be: a certificate of ownership, a deed from the developer (for new buildings), a court order on the transfer of ownership, and so on. Separately, it is worth mentioning the procedure for making changes after remodeling the apartment. For this operation, a sufficient basis will be required: a court decision after the trial on the unauthorized redevelopment of the apartment, an agreed and correctly executed technical passport with a new apartment plan (can be issued independently or by the developer), a conclusion from the Ministry of Emergency Situations and the SES on the safety of the work carried out. The package of documents varies depending on the scale of the redevelopment, as well as the situation within which the work was carried out.
Payment of the state fee and provision of the original bank transfer receipt. The MFC and the Cadastral Chamber have payment terminals for the convenience of processing all documents.
An employee of the Cadastral Chamber or MFC checks the completeness of the submitted documents, their legal purity, sets the day for the surveyor to arrive (upon request), and sets the day for the issuance of the finished cadastral passport for the apartment. It is imperative to get a receipt from the employee stating that he received the documents (with an exact list). This will be your guarantee in case of loss of documents. From the entire package of collected documents, everything will be taken from you except the passport of a citizen of the Russian Federation; the employee has no right to demand it from you for delivery.

According to the Law of the Russian Federation, the maximum period for obtaining a cadastral passport should not exceed 5 days. In practice, delays almost always occur, which can be associated with the following points:

“queue” for surveyors (cadastral engineers), which will require more time to draw up a cadastral passport;
Errors in submitted documents or absence of any certificates, extracts, decisions, etc.;
Lost documents.

At the same time, a specialist from the Cadastral Chamber or a multifunctional center can legally change the deadline for issuing a cadastral passport. Principals are allowed to issue a cadastral passport if they have a notarized power of attorney.

Document preparation period

Despite the small list of required documents, its preparation may take a long period .

You can fill out the application form and pay the state fee on the day of submitting the documents on site, at the cadastral authority (what is the price of issuing a cadastral passport for an apartment?).

And the technical plan, in case of its absence, must be prepared in advance.

The preparation and production of the technical plan is done by cadastral engineers. Preparation of a technical plan when contacting the cadastral authority takes 10 days.

It must be remembered that if there is an illegal redevelopment for which special permission was not previously obtained, it is impossible to obtain a technical plan; moreover, you will have to not only pay a fine, but also return the apartment to its original state, or legalize changes to the apartment.

In this case, the paperwork may be delayed indefinitely. But you can reduce this period even to several hours if you contact a private organization . In this case, the service will be paid and the costs will be much higher.

There is no need to prepare title documents for the apartment if the applicant already has a purchase and sale agreement or an agreement with the developer , the developer’s acceptance certificate or other documents confirming his rights to the property.

What data is contained in the cadastral document

The document displays only information about one specific property. The authorities that enter information indicate in it:

individual cadastral number
date of registration of real estate in the State Cadastre
exact address of the property location
type of property and its purpose
technical characteristics of the property, including its total area, the plot on which it is located
personal data of the person applying for the passport
scale of real estate in geographical representation

Usually, paperwork does not take much time, just a few days after submitting the application. When its registration is completed, the finished passport, certified by the signature and seal of the responsible person, is issued to the person who submitted the request.

Validity

Formally, the validity of the CP is not limited; this document can be considered unlimited. But it should be remembered that it reflects the condition of the property at some fixed moment.

As judicial practice shows, 1 month from the date of receipt of the extract appears to be a reasonable period of validity. The fact is that everything is subject to change, so outdated information should be updated, and the CP should be periodically updated.

In addition, every 5 years the previously established cadastral value of objects is reviewed by the state. Sometimes an owner, having decided to sell a plot, turns to the Unified State Register and sees its new meaning.

In fact, this phenomenon is typical. Therefore, it is necessary to periodically review the status of real estate data in the Unified State Register of Real Estate. If the owner does not agree with the new value, he has the right to challenge it.

It is more difficult to argue with the tax service if it calculates the payment in a new way, but you pay in the old way. In this case, a debt arises that will have to be repaid.

The value of the cadastral value also determines other amounts - the rental rate for land, the payment for entering into an inheritance, the cost of buying out the land, etc. Therefore, it is necessary to check with the Unified State Register of Real Estate more often.

Before carrying out a real estate transaction, as a rule, it is necessary to update the CP, since the notary is interested in its relevance.

When inheriting, the KP is one of the required documents, because the payment for notary services is calculated from the cadastral value. Therefore, CP received more than 5 years ago will not be accepted. If we are talking about residential real estate, then the validity period of the CP is measured in 12 months, with the starting point being January 1 of the year in which the document was issued.

KP is necessary when carrying out a privatization . But a purchase and sale can take place without his involvement. donation operation , in turn, necessitates updating the CP, since there is a change of owner, and this is reflected in the Unified State Register.

Papers to receive

To obtain a passport, you need to contact the cadastral authority and provide the following documents:

application (drawn up at the place of registration at the cadastral authority or via the Internet on the Rosreestr website);
applicant's passport;
title documents and certificates for the apartment (purchase and sale agreement, for a new building, deed of transfer of the apartment by the developer, agreement with the developer);
technical plan (or documents legalizing the redevelopment);
power of attorney to receive a cadastral passport (if the recipient is an authorized person);
receipt of payment of the state duty (for individuals in the amount of 200 rubles, for legal entities 600 rubles, the fee for the electronic version will be 150 rubles for individuals).

Read about where and how to order and receive a cadastral passport here.

Additionally, the applicant may need other documents :

written permission from the Guardianship and Trusteeship Authorities (if the owner is under 18 years old);
a notarized power of attorney from a minor owner or user (in cases where a trusted person is entrusted with registration).

Village passions

The headman of the village in which Alexander’s plot is located decided to make a two-lane road 12 m wide from the usual country road leading to her house. Of course, the construction will affect the adjacent lands, including Alexander’s plot. He, you see, is in the way and is interfering with the construction, so the headman demands that the fence be demolished and part of the green spaces destroyed.

She claims that all permits have been received and construction has been agreed upon with local authorities, but does not show any documents.

What should Alexander do? He is afraid that at someone else’s whim he will lose a piece of land, and asks where to write, who to contact. One senses that he is afraid to trust the local administration.

However, you should start with this: report the problem, clarify whether the appropriate permission has actually been given. And, on the other hand, demand that the headman present documents. You can also file a complaint with the prosecutor’s office, let the headman prove what right she has to part of someone else’s land. There are other ways of influence. There are many of them, but the meaning is the same: no one has the right to encroach on someone else’s property . Alexander’s right to his plot is recorded in the Unified State Register of Real Estate, and evidence of this is the KP. If Alexander has it in his hands, then it will not be possible to change the boundaries of the site without his consent (Article 209 of the Civil Code of the Russian Federation, Article 8.1 of the Civil Code of the Russian Federation).

How much will it cost to receive an extract?

Information from the Unified State Register is provided to citizens and organizations on a paid basis. The dimensions are established by Order No. 291 of the Ministry of Economic Development of the Russian Federation dated May 10, 2016.

Tariffs for 2021 for obtaining a CP for an apartment are as follows:

750 rub. for an individual for a paper document, 300 for an electronic one;
900 rub. – for organizations.

If you place an order through the MFC, then the full list of services will not exceed 1 thousand rubles.

When creating a design proposal for a new facility, you have to contact the BTI and the State Cadastre, work is carried out with calling specialists on site, and payment of state duty is required at each stage. This results in a substantial amount, from 3 to 10 thousand rubles.

The cost of producing a technical passport

The cost of a registration certificate for an apartment depends on whether a specialist visit to the site is required.

When ordering a technical passport for the first time and to reflect changes compared to the existing passport, measurements are naturally needed.

If the registration certificate is needed to update its date, and nothing has changed in the apartment, indicate in the application that a technician’s visit is not required.

The cost of a registration certificate for an apartment is from 2 thousand rubles (without travel).

Read: The procedure for transferring from non-residential premises to residential premises step by step

Validity period of the cadastral passport when privatizing an apartment

In terms of content, the cadastral passport differs very little from the technical one, however, it is the legal confirmation of the fact that a given property has been entered into the cadastral register with the declared technical and construction characteristics.

In order for the transfer of ownership from the municipality to the future owner of the municipal apartment to take place, it is necessary to obtain a cadastral passport. All interested services will be able to obtain information about any property entered in the Unified Register in the future, for example, to calculate the state duty for the privatization registration procedure.

How to restore the CP or make changes

It happens that the CP is lost, stolen or damaged, then it must be restored. If the property is already listed in the database by this time, then they simply request an extract from the Unified State Register of Real Estate.

If the CP existed only in paper form and had not yet entered the database, then it is more complicated here: the necessary data is found, measurements of the object are taken. Only after collecting all the data about the object is it registered and then handed over to the CP. All this takes time and money, so the document must be protected.

The owner is obliged to make changes to the Unified State Register and receive a new version of the CP if the condition of the property has changed. For example, an apartment was remodeled or a garage was built on the site. Perhaps the address, name, or area of the object has changed, or some new characteristics have appeared.

It also happens that errors are discovered in an old document, in which case it takes effort to correct them - sometimes this results in a fair amount of hassle.

To initiate changes to the CP, there is a special online form on the Rosreestr website.