Today, for some transactions with residential real estate, especially with the involvement of banks, a technical passport is required. It contains the most detailed and complete description of the apartment, as well as its technical characteristics, including information about when the residential building was built, what material was used and other important information.
Like almost any other real estate document, the registration certificate has its own expiration date, even if it is conditional. It is especially important when selling housing, as well as when carrying out any redevelopment, which should only be carried out with the permission of the Bureau of Technical Inventory (BTI). This is where the technical passport is initially issued.
It is necessary to update the registration certificate for an apartment due to the fact that information is constantly changing: how long has a residential building existed, because this document includes information about major repairs, changes in usable area after all redevelopments, the technical plan is adjusted, the inventory value of the property and its condition changes generally. Therefore, let’s consider how long you can avoid going to the BTI, and what is the average validity period of the document.
Why is it needed?
Despite the fact that recently, when registering transactions, only cadastral documents are increasingly required, a technical passport for the apartment and the presence of a technical plan are also necessary. Banking systems still require the presentation of these documents, and buyers are also interested in all documents when purchasing. The registration certificate is important because it contains data on the area of the housing, its inventory value, the year the house was built, the date of the last major renovation, the address where the house is located, the material from which the house is built, what communications it has.
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A technical passport for an apartment, the validity period of which must meet all requirements, will be necessary for:
- obtaining a cadastral passport;
- purchasing living space with a mortgage;
- in some cases, to register citizens in an apartment;
- conducting examinations to assess the market value of housing;
- carrying out technical examinations;
- determination of utility bills;
- obtaining permission to redevelop living space.
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2. If more than twelve months have passed since the previous transaction, you can provide a floor plan and an explanation for the apartment received no more than five years ago. At the same time, the registration chamber may still request fresh documents without explaining the reasons.
1. If these documents are submitted to the authority registering the purchase and sale transaction no later than a year from the date of the previous transaction with the same apartment, no cadastral passport or explication is required. The Registration Chamber only needs the originals of these documents stored in their archives, which were provided during the registration of a previous transaction with an apartment. Simply put, if no more than twelve months have passed since the previous transaction with an apartment, these documents may not be submitted to the Registration Chamber at all to register a new purchase and sale transaction.
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When should you change?
Russian legislation does not establish a clear validity period for the registration certificate for an apartment. In accordance with the requirements of the BTI, it must be updated every five years. However, for failure to comply with this deadline, no fines are imposed on the property owner, so this rule is rarely observed and often only in cases of extreme necessity - when some transaction needs to be completed.
If there is no need to sell the living space, exchange it, or donate it, a repeat inventory at the BTI with the issuance of a new registration certificate may not be necessary, especially since this procedure is not free. But, if the owner wants to alter his apartment, carry out significant redevelopment or other changes in the design, he cannot do without contacting the BTI. After receiving permission for such work and after it has been carried out, you will need to call a commission to draw up a new technical plan and then receive a new technical passport.
If, when issuing a technical passport for an apartment, the BTI indicates its validity period, this is a gross violation of the law, and the property owner has the right to demand that another document be issued to him without this period.
Procedure for obtaining a technical passport
To obtain technical passports, the owner needs to prepare a package of documents, and copies of the documents are submitted to Rosreestr, and the originals remain with the owner of the building.
Required documents
The list of required documentation includes:
- Passport (copy).
- Documents confirming ownership of non-residential premises.
- Completed application for issuance of a technical passport.
- Confirming document confirming payment of the mandatory state duty.
- Conclusion on the condition of the building from regulatory organizations (fire inspection, SES, gas service, etc.)
The prepared package of documents is submitted to (BTI) Rosreestr with mandatory certification of each page directly upon transfer to specialists of the receiving organization. Documents can be submitted to Rosreestr directly by the owner of the building or by a person who has a power of attorney issued in accordance with the law. To prepare documentation, specialized law firms with extensive experience in preparing such documentation are often involved, which can significantly reduce the time required for registration of a building.
After receiving the documentation, Rosreestr specialists must issue a registration certificate for the non-residential premises within 14 days (from the date of receipt).
Timing and cost
The cost of obtaining a technical passport depends on a number of factors:
- prices used by the organization conducting inventory and issuing passports;
- building area;
- number of storeys, number of premises;
- year of construction.
According to current legislation, the validity period of the technical passport is not limited, but it is recommended to periodically conduct an inventory once every 5 years, recording all changes made during operation.
It is mandatory to replace the technical passport after a major overhaul.
The entire scope of work must be completed within 14 days, but due to inaccuracies and changes it can be extended to 1-1.5 months.
Validity
A technical passport for non-residential premises is issued without a time limit. Each building must have a technical passport, which, if necessary, is reported in a timely manner and reissued.
The presence of a technical passport allows the conclusion of contracts with verification of the authenticity of the specified data. All changes made by the owner during the operation of the building are reflected in detail in this document. If the documentation is completed correctly, all the data included in the passport allows you to calculate the cost of certain types of work and the availability of the necessary equipment used for the proper operation of the premises.
Where can I apply?
If you need to obtain a new technical passport for an apartment, update the period of its issuance, you need to contact the BTI authorities directly or the Design and Inventory Bureau.
In both institutions, services will be paid in the form of a state fee. In addition, only the owner of the property can apply for a new registration certificate; employees do not have the right to issue such a document to another person. The procedure for re-issuing a technical passport is the same as for its initial receipt:
- collection of necessary documents;
- submitting an application to the BTI - indicating the purpose of obtaining a new technical passport;
- payment of state duty - depends on the urgency of document production from seven to fourteen days;
- verification of the submitted information by BTI employees, arrival at the specified house;
- conducting an examination and inspection of the living space to include information about it in the documents;
- receipt of the registration certificate on the appointed day.
Technical passport for non-residential premises - what it looks like and where to get it
Turning to specialists for help allows the owner or tenant to save their time. In addition, a professional approach guarantees compliance with all rules and regulations established by law.
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According to the laws of the Russian Federation, technical passports must be drawn up for each building or structure, regardless of whether the building is residential or has an industrial or other purpose.
Application documents
Separately, it is worth highlighting the documents that will be needed if you need to update the period for issuing a technical passport:
| Title of the document | Notes |
| Passport of the applicant (owner of the apartment) | Original and copy |
| Certificate of ownership of housing | For non-privatized housing, you need an extract from your personal account, which can be obtained from the housing and communal services agency |
| Original and copy of the owner's death certificate | When registering an inheritance |
| Lease agreement | For privatization of real estate when the house is owned by the municipality |
| Documents confirming the legality of the redevelopment | If it happened |
| Power of attorney executed by a notary | If another person acts on behalf of the owner |
Validity period of the technical passport for the house
- When registering a non-residential building for cadastral registration.
- Making changes to floor plans.
- When signing a lease agreement for a long term.
- Applying for a loan at a banking institution.
- Making changes made during the redevelopment of premises in the building.
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The legislation of the Russian Federation regulates all spheres of life of citizens of its state. Real estate transactions were no exception, as a result of which the legislator obliged them to be registered officially.
Duty and verification
As noted above, the issuance of a registration certificate for an apartment is paid. The amount of the state fee for registration depends on the region in which the residential building is located, the period of issue, and the individual or legal entity submitting the request.
As for the presence of this document when selling real estate, issues of re-registration are dealt with by the owner, not the buyer. At the same time, the owner needs to be prepared for the fact that a competent buyer will check all the information specified in the purchase and sale agreement, the validity period of all papers, with the information in the technical passport. And if they do not comply, the deal, of course, will not take place.
Moreover, if there was an unauthorized redevelopment of the apartment, or any premises were completed, which is especially important for owners of first-floor apartments, in addition to re-issuing documents, you will also have to pay a fine to the BTI authorities. In any case, selling real estate without putting all documents in order will be impossible.
What is the validity period of a technical or cadastral passport of the BTI (PIB)
An analysis of the responses of federal authorities in combination with the responses and requirements of the regional divisions of these bodies allows us to say that the requirements established locally may differ from the position of the federal authorities. For example, one of the documents submitted for state registration to the Federal Reserve Service indicates “The original plan of the property, certified by the state body (organization) carrying out state accounting and technical inventory of real estate in the territory of the registration district.” The list of documents provided for registration does not indicate that this document may not be provided under certain conditions. This position of the regional departments of the Federal Reserve System (Rosregistration) is due to the fact that the explanations of the norms of paragraph 1 of Art. 17 of the Federal Law on State Registration does not always result in a correct understanding of such norms by citizens and legal entities, which in practice leads to even greater problems.
“Based on the Regulations of December 4, 2000 No. 921 “On the organization in the Russian Federation of state technical accounting and technical inventory of capital construction projects” (hereinafter referred to as the Regulations), technical inventory is divided into primary, planned and unscheduled. A planned technical inventory of accounting objects is carried out in order to identify changes that occurred after the initial technical inventory and reflect these changes in technical passports and other accounting and technical documents. Planned technical inventory is carried out at least once every five years . An unscheduled technical inventory of accounting objects is carried out when the technical or qualitative characteristics of the accounting object change (redevelopment, reconstruction, construction, destruction, etc.), as well as in the case of submitting a plan of the accounting object for state registration of rights in accordance with Article 17 of the Federal Law of July 21 .1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law).
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What to look for when checking a registration certificate?
When purchasing real estate, a potential buyer should very carefully study the documents for the apartment he is going to buy. This also applies to the technical passport. While studying it, you need to pay attention to the following information:
- The inventory of the property must be completed no later than five years. Otherwise, a re-examination may be required, since a technical passport for the apartment was submitted, the validity period of which exceeds the time limits of the inventory set forth in regulations.
- All redevelopment must be reflected in the apartment plan and legalized. Otherwise, the registration authority may refuse to register the property right. If the purchase and sale transaction does take place, then the new owner risks paying a fine in the future for illegal redevelopment or other changes made.
How long does it take to make a technical passport?
The period for producing a technical passport for an apartment is no more than 14 days after submitting the application and all necessary documents to the BTI.
If necessary, for an additional fee, you can order urgent production of a registration certificate - in this case, the document will be completed within no more than 7 days.
After checking the submitted papers, the BTI employee must issue the applicant a receipt of receipt of the papers. The employee must also set a date when the applicant must re-visit the BTI to receive a completed passport in hand.
Documents and registration
To obtain a passport, you must submit the following documents to the BTI::
- Application (can be filled out directly at the BTI).
- Owner's personal passport.
- A certificate confirming ownership (purchase and sale agreement, certificate of ownership, extract from Rosreestr and others).
- Receipt for payment of state duty.
Please note that the amount of the state duty is determined on the basis of regional rather than federal laws. Factors such as the type and size of the apartment, the urgency of preparing the document, and others are of great importance.
On average, the fee is 800-2000 rubles. You also need to remember that the registration certificate can be made not by the owner of the property, but by his official representative - in this case, it is necessary to additionally draw up an official power of attorney and have it certified by a notary.
Buying a home requires certain legal knowledge for both parties to the transaction, so sometimes it is useful to seek the help of specialists. And don’t let the price of drawing up a purchase and sale agreement for an apartment bother you, in fact, a well-conducted transaction is worth it. Find out how to sell an apartment with a Sberbank mortgage here. It's difficult, but quite doable.
