Redevelopment of an apartment in a new building. Parsing.

The procedure for making changes to the cadastral passport of non-residential premises

In 2020, the legislation of the Russian Federation began to implement norms that established a new federal information resource - the Unified State Register of Real Estate. Its appearance was accompanied by the abolition of many documents familiar to participants in legal relations in the field of real estate - in particular, the cadastral passport. Instead, another document is now used - an extract from the Unified State Register of Real Estate (which performs a similar legal function, since it certifies the presence in state registers of records that determine the legal status of the property and reflect its technical characteristics).

The most common examples of scenarios in which the owner of a non-residential premises may need to correct information in the Unified State Register include reconstruction of the property, which leads to a significant change in the characteristics of the premises (for example, its area).

The concept of “reconstruction” and “redevelopment” of residential premises

It is important to consider that not any change in the equipment of a residential premises is recognized as its reconstruction. The main criterion according to which a change in the equipment of a residential premises can be recognized as a reconstruction is the need to make changes to the technical passport of the residential premises. Similarly, with reconstruction, redevelopment is not any change in the configuration of a residential premises, but only one that requires changes to the technical passport of the residential premises.

Legal regulation of issues of unauthorized reconstruction and redevelopment must be considered in conjunction with the provisions of Art. 222 of the Civil Code of the Russian Federation on unauthorized construction. In a legal sense, the difference between unauthorized construction and unauthorized redevelopment lies in the end result of illegal actions, namely the creation of a new property. In case of unauthorized redevelopment (reconstruction) of a residential premises, a new property is not created, only the technical characteristics of the residential premises are changed, but this does not exclude the possibility of the appearance of a qualitatively new residential premises. In this regard, I agree with the opinion of S.V. Morgunov that the norms of Art. 222 of the Civil Code of the Russian Federation is directly applicable in cases where an authorized body of state power or local self-government demands that non-residential premises be brought back to their previous condition, and the owner - in court to declare recognition of his right to an unauthorized redesigned premises. This approach is not applicable to residential premises.

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How to obtain cadastral and technical passports of a residential building? Is it the same thing or not?

the address where the house is located;
purpose. This column must indicate that the house is intended for living;
number of floors;
cadastral value and numbers assigned to the building itself and the quarter in which it is located;
total area;
the year in which the building was put into operation;
information about the supporting structures of the house on which it stands.

Technical passport for non-residential premises

The law establishes that each premises must be registered with the local BTI. For this purpose, an application is submitted and a special technician is invited. It records all the data on the premises, this data is subsequently used as the basis of the technical passport. It sounds simple, but in reality it looks problematic. Almost every owner rebuilds his premises, adjusting them to his needs. At the same time, half of the owners and tenants do not think that this redevelopment will then have to be legalized and it is not a fact that this will be possible at all. Compliance with the original technical plan is the main part of the technical passport. If even one partition or opening is not where it is marked and you have not submitted an application to clarify your data, then you will face a lawsuit. Only the court will be able to remove the self-building, which the technician will inevitably put up if any, even minor, redevelopment is discovered. You need to know that the law has become stricter and now even the elimination of storage rooms is considered a refurbishment that needs to be legalized.

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The list is approximate; it can and will be expanded on an individual basis. So, for example, if the premises are subleased and the redevelopment is not legitimized by the owner, the subtenant’s documents and a power of attorney will be required confirming the latter’s rights to such manipulations. In general, obtaining a registration certificate in such conditions is a very complex process that takes a lot of time and nerves.

Reconstruction and redevelopment of non-residential premises (2020)

To sign the act, acceptance commissions are created, which act on the basis of regulatory acts of the constituent entities of the Russian Federation. To protect the interests of citizens living in apartment buildings, representatives of the State Housing Inspectorate represented by its territorial bodies are included in the acceptance committee.

If the redevelopment of premises is carried out without approval, it is illegal. Any subsequent transaction with the property in 2020 will be impossible, since the cadastral information of the Unified State Register of Real Estate and the actual characteristics of the apartment or premises will differ. The law allows you to legalize the work performed - for this you will also need to obtain a project and a technical conclusion. After this, changes in the configuration of the facility will also be documented in the form of a technical plan.

Redevelopment and reconstruction of residential premises

Currently in Art. 7.21 of the Code of Administrative Offenses of the Russian Federation establishes liability for violation of the rules for the use of residential premises, which can be expressed, in particular, in unauthorized reconstruction and (or) redevelopment of residential buildings and (or) residential premises (Part 1 of Article 7.21 1000 - 1500 FINE) or unauthorized redevelopment of residential premises in apartment buildings (Part 2 of Article 7.21 2000 - 2500 FINE).
It should be noted that actions for unauthorized conversion and redevelopment of residential and non-residential premises can be qualified by law enforcement authorities not only under this article, but also under Art. 19.1 Code of Administrative Offenses of the Russian Federation as arbitrariness.
The owner of a residential premises that has been unauthorizedly rearranged and (or) redesigned, or the tenant of such residential premises under a social tenancy agreement, is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.

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Currently, the application form approved by Decree of the Government of the Russian Federation of April 28, 2005 N 266 “On approval of the application form for the reconstruction and (or) redevelopment of residential premises and the form of the document confirming the decision to approve the reconstruction and (or) redevelopment of residential premises” is used.

Sample redevelopment project for approval

Articles 25, 25 and 29 of the Housing Code of the Russian Federation, which describe the types of refurbishment of residential premises, and also provide the basic rules for redevelopment;
Government Resolution No. 47, which sets out the rules for recognizing a premises or house as unsafe (which makes it impossible to carry out redevelopment);
SNiP;
SaNPiN.

all data about the owner of the premises or the person hiring him (personal data, passport data, addresses, contact information);
if the application is written by an authorized person, then it is necessary to indicate the details of the power of attorney;
request for permission to privatize;
description of project documentation;
consent from persons living in the apartment under a social tenancy agreement.

Making changes to the technical passport of the building

For example, in the first case, the area is rounded to the nearest square meter, and in the second - to hundredths of square meters. This happens because in the first case there is no need for such a thorough indication of data, and in the second, an accurate reflection of technical information is mandatory and is determined by the meaning of the technical passport. By the deadline specified in the receipt, you must appear at the cadastral chamber or MFC (depending on where the documents were submitted) and, upon presentation of your passport, receive a cadastral passport, which will take into account all the required changes. From this moment the procedure is considered completed.

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Requiring Changes to the Technical Passport of a Residential Premises

CODIFICATION OF THE RF current legislation of the Russian Federation Housing Code Section I. GENERAL PROVISIONS Chapter 4 Housing Code of the Russian Federation. RENOVATION AND REPLAYING OF RESIDENTIAL PREMISES Article 25. Types of reconstruction and redevelopment of residential premises 1. Redevelopment of residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises. 2. Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises. < 1. Reconstruction means a change in the technical characteristics of various equipment located in a residential area. This may be the replacement, installation or transfer of utility networks and other technical equipment.

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The following are not allowed: - measures that affect the architectural appearance of residential buildings and are subject to registration and implementation in the manner established for reconstruction work or reconstruction of residential buildings: a) installation of balconies, canopies, bay windows; b) arrangement of attic rooms, etc. Most often, the following are agreed upon or legalized: – demolition of non-permanent walls on the upper floors of the house (if the house is 16-storey, this means floors from the 8th); – expansion or relocation of bathrooms due to the corridor or utility room; – expansion or relocation of kitchens due to the corridor or utility room; – changing the electrical system if the new wiring supports the installed load.

Redevelopment of non-residential premises

Application in the form established locally.
Power of attorney.
Copies of constituent documents certified by a notary.
Documents that confirm the legal basis for non-residential premises.
Project documentation developed in accordance with the law.
Technical certificate.
Consent to redevelopment of the operating enterprise.

In a private residential house, in addition to redevelopment, like in an apartment, you can make an extension. However, the procedure for submitting and the composition of documents is similar to that previously indicated. When submitting an application for redevelopment (reconstruction) in a private residential building, you must additionally submit documents certifying your rights to the land plot.

Technical passport for non-residential premises - what it looks like and where to get it

The previous document is out of date and there have been changes in the actual condition of the building;
Floor plan information needs to be updated;
There is a need to record and register measures for redevelopment of the building;
It is necessary to register the object with the cadastral chamber;
When concluding a long-term lease agreement between the owner and the tenant;
To draw up a contract for the sale and purchase of a non-residential building.

The registration certificate must be retained for the entire time the building is used. In cases where the owner or tenant carries out reconstruction, redevelopment or builds extensions, all changes must be documented. Only employees of the BTI service have the right to make amendments to the passport for an object.

Obtaining a technical passport for non-residential premises

Depending on the reason for which a technical passport for the premises was required, other papers may be required. So, for example, when the premises are rented out and the procedure is carried out by the tenant, an agreement is required confirming his rights. In addition, the owner must provide information about communications.

Usually the document is prepared within two weeks. However, there may be delays. This happens, for example, when an incomplete package of papers is provided. Therefore, if a technical passport for a non-residential premises is required immediately, then it is better to order urgent production. But of course, you will have to pay an additional amount.

Manufacturers of technical passports for residential premises (apartments)

Question 103. Residential rental agreement (concept, types, conditions, rights and obligations of the parties). Conclusion, modification and termination of a residential rental agreement. Under a residential lease agreement, one party is the owner of the residential premises or a person authorized by him

Article 22. Conditions for the transfer of residential premises to non-residential premises and non-residential premises to residential premises 1. The transfer of residential premises to non-residential premises and non-residential premises to residential premises is permitted subject to compliance with the requirements of this Code and

26 Jan 2020 etolaw 1011

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Make changes to the cadastral passport for non-residential premises changing the area

To conduct real estate transactions, we initially need to collect a number of documents. One of them is the cadastral passport of a real estate property (a plot of land, an apartment or other premises) that has been registered. Because it is where the basic information regarding the property is stored. They are identical to those contained in the GKN bases. When changes occur, they should also be recorded in a document. Otherwise, they will not be recognized as legal, and problems may arise when selling an apartment or plot of land.

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We provide reliable guarantees for the completion of work;
we have our own staff of professional designers, cadastral engineers and specialists in coordinating redevelopment;
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Making changes to the technical passport of an apartment building

The fact that the neighbors have built attic rooms for themselves in the attic of the house is not so simple here, since the attic belongs to the common property of the house (see Article 36 of the Housing Code of the Russian Federation). Accordingly, the use of this property falls within the exclusive competence of the general meeting of all owners of the premises, who were supposed to make the appropriate decisions (renting, selling individual premises - see Article 46 of the Housing Code of the Russian Federation).

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If a property located in an apartment building and registered in the cadastral register has undergone redevelopment, as a result of which its technical characteristics have changed (area, number of rooms, location of doorways, etc.), changes will have to be made to the USRN information. To do this, you need to order a new technical floor plan. In it, the cadastral engineer will indicate the actual characteristics of the object, and will attach copies of the agreed redevelopment project and acceptance certificate to the finished document.

Is a new cadastral passport needed for part of the building? Changes in legislation

Federal Law No. 221-FZ of July 24, 2007 Federal Law No. 210 provides for interdepartmental information cooperation. That is, cadastral registration authorities are independently capable of receiving information from other authorities. This means that, in principle, you can do without a conversation with the owner.

The registration period is usually 5-10 days. In what cases can they refuse? The reason for refusal may be an incorrectly completed technical plan drawn up by a person who has nothing to do with the property. Based on a court decision, no changes are made to the state real estate cadastre.

Making changes to the cadastral passport of a real estate property

Quite often, problems with cadastral passports arise during the preparation of a property for subsequent sale. Despite the fact that the cadastral passport itself (extract from the real estate cadastre) does not have a statute of limitations, the data may lose its relevance. A striking example is the change in cadastral value at least once every 5 years. Thus, it turns out that even without actual changes in the characteristics of the property, the owners will need to make changes to the cadastral passport if they want to sell the property.

Accounting for changes in real estate is carried out by a specially authorized body that collects, stores and provides information about any real estate of Russian citizens. The work of the information base is organized using identifiers - unique cadastral numbers that are issued when entering information on the formation of a real estate property. Further, using the cadastral number, Rosreestr employees can find all the information about real estate, and publicly available information is provided on the Rosreestr website for access by any citizens, which is essentially analogous to receiving an extract from the Unified State Register.

01 Feb 2020 etolaw 658

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Making changes to the cadastral passport of a real estate property (apartment)

When I asked the state cadastre to obtain a cadastral passport, I was given the answer that such information was not available. Therefore, I turned to the BTI to draw up a technical plan of the premises in order to obtain a certificate of inheritance and a cadastral passport of the apartment to register the right.

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The heir who accepted the inheritance, regardless of the time and method of its acceptance, is considered the owner of the inherited property, the bearer of property rights and obligations from the date of opening of the inheritance, regardless of the fact of state registration of rights to the inherited property and its moment (if such registration is provided for by law).