Registration of an apartment for cadastral registration in 2020: list of documents

When people buy a new living space, they are faced with the question of how to register the apartment in the cadastral register. When selling or renting out residential premises, registration with Rosreestr is also required. This point is relevant for new buildings. Citizens often clarify the deadlines for registering an apartment in the cadastral register and how the procedure goes. Federal Law 221 obliges the entire population to register their property.

What does obtaining a cadastral passport and registration give you?

Upon receipt of the cadastre, the homeowner acquires the right to freely dispose of his property. He can carry out various sales transactions and rent out space. The owner of the home can donate it or exchange it for more favorable conditions for him. In certain situations, it may be necessary to mortgage your apartments to a bank; this action is allowed only if you have a cadastral certificate for the apartment. After registering the home, the owner will be able to officially register ownership.

In our country, starting in 2020, a real estate tax was introduced, which should be calculated based on the cadastral value. To avoid tax debt, you should issue this document. If people purchase an apartment on the secondary market, then registration is mandatory; it is provided for by the law of the Russian Federation. The introduction of this procedure also affected apartment buildings.

A cadastral passport makes it possible to get a mortgage; without it, the bank will not approve the application.

If the plans include redevelopment of housing, then without this paper the procedure is impossible.

What happens if you don’t register your property for a long time?

If the property is not registered in the state cadastre, and is not included in the Rosreestr, no sanctions are provided for the owner. In this case, he will not be able to carry out the procedure for confirming ownership. It will be impossible to privatize housing.

Is it possible to privatize an apartment that is not on the cadastral register?

Hello, dear lawyer! The apartment in which I now live was received by my ex-husband in 1996 under a warrant (there is currently no warrant, he was not handed over to the archive either), I have lived in this apartment with my son since 1999, the marriage between us was registered in February 2005, and my ex-husband registered me and my son in the apartment in June 2005 (permanent registration). In 2009, he divorced me, and now he has set the conditions for my son and I (my son is 18) to leave the apartment. The apartment is not listed in any of the housing funds (according to certificates from these funds). We will have to move out of the apartment. Can I somehow legally register part of the apartment for myself and my son (property, social tenancy agreement, through the court)? Thank you.

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Considering that there is no information about your apartment in the municipal real estate register, I assume that you will also be denied a social tenancy agreement. In this case, you can go to court with a claim for compulsion. Ask the court to oblige the municipal administration to conclude a social rental agreement with you.

How to obtain a cadastral passport: procedure, necessary documents

A cadastral passport is an extract from the State Real Estate Cadastre, it contains all the information about housing. The information required for state registration is indicated. Without the characteristics of the living space, various transactions cannot be carried out.

Obtaining such an extract is a fairly easy procedure, but it takes a lot of time. For example, the privatization process takes much more time than this action. A certain step-by-step order must be followed. The process of collecting the necessary papers and visiting government institutions is especially lengthy.

Each property is located in a specific cadastral district. Until 2013, issues of issuing documents were dealt with by the BTI. Then the Cadastral Chamber of Rosreestr appeared, which began to deal with registration. Passports began to be issued to engineers who had completed courses and certification.

A citizen needs to come to the Cadastral Chamber of Rosreestr (currently EGRN). Previously, the certificate was issued at Multifunctional Centers. You can independently go through the registration procedure on the Rosreestr website and order the required document. The passport is made based on information about the object, taking into account all changes at the time of the technical examination. If a housing inspection is not carried out, then a cadastral certificate is issued based on the data of the previous inspection. In such a situation, you can make a mistake if there have been changes in the layout. Data from the house design is taken as a basis. If the residents did not move the walls, then the data will be current.

The issue of obtaining an extract from the Unified State Register of Real Estate is relevant for people planning to purchase apartments in a new building. If citizens are going to buy them on the secondary market, then the living space will most likely be privatized.

The documents necessary for registering an apartment with the cadastral register must be submitted to the Unified State Register of Real Estate in advance.

Application from the property owner or authorized representative who wants to receive cadastral paper.
Passport or other document confirming your identity. Technical passport of housing (technical passport of real estate will cost approximately 10,000 thousand rubles)
All papers proving your ownership. You need to take the original and a copy with you (only photocopies are paid for, can be made at the offices of Rosreestr).
If the application is not submitted by the owner of the property, then a power of attorney is needed for the person dealing with this issue.
A receipt confirming payment of the fee (for an individual the procedure will cost 500 rubles, when the owner of the property is a legal entity, the state fee will be 1000 rubles).

When the stage of preparation and submission of papers is completed, cadastral workers come to the owner’s home. Engineers must provide a technical plan of the premises to Rosreestr. The cost of visiting specialists is on average 10,000 rubles. The period allotted for drawing up the drawing should not exceed ten days. Weekends are not included in this time frame. If the plan was in hand or quickly prepared again, it must be attached to the list of other documents. The process of producing the cadastre will speed up. Twenty days after submitting the application, you should be given the required document in your hand.

If Rosreestr employees have not found comprehensive information on the property, then the owner should send the housing data that was established earlier to the State Tax Committee.

It will take almost a month for Rosreestr employees to consider the application. The process is not quick, but necessary for registering property. To speed up the resolution of the issue, you can contact private companies that deal with registration problems.

Any citizen can receive this document provided that the apartment is already registered. If registration in the state register is carried out for the first time, then the owner of the property must go through all authorities. An option is when another person comes. He must have a power of attorney from the owner of the living space to be able to perform certain actions. Nowadays, cases have become more common when a homeowner writes a power of attorney to a private company, and the company receives an extract for him. People resort to such services to save their time.

Questions and answers in the field of real estate registration

title documents (ownership certificate and basis)
purchase and sale agreement (3 copies)
power of attorney from the seller
power of attorney from the buyer
extract from the house register (no need for donation)
state duty (2000 rubles)

2. Why is registration of the agreement necessary? Answer: State registration of real estate is a mandatory norm. The right to real estate arises only from the moment of state registration. Signing a contract does not mean that you have become the owner of the property. To legally recognize the fact of transfer of ownership of real estate, this agreement must be registered with the Federal Registration Service (Office of the Federal Registration Service of Cadastre and Cartography). In this case, the transfer of rights is registered. 3. Is it necessary to draw up a purchase and sale agreement or a donation agreement with a notary? Answer: No, not necessarily. You can also prepare a contract in simple written form. But agreements in notarial or written form must be registered with Rosreestr (UFRS), where the transfer of ownership is registered. 4. How can I check the availability of rights to real estate? Answer: You can check the availability of property rights by ordering an extract from the Unified State Register of Rights (USRE). To do this, you need to submit an application to the relevant department of Rosreestr and pay the state fee. You should know that information began to be received in the Unified State Register on January 31, 1998. Before this period, information about the availability of rights can be found by ordering an extract from the Department of Municipal Housing and Housing Policy of Moscow. 5. What to do if the object is not registered in the Cadastral Register? Answer: If the object is not registered in the Cadastral Register, then it is necessary:

Obtain from the BTI a technical plan (do not confuse it with a technical passport), which is issued both on paper and in electronic form (for example, on a CD).
Then contact the State Property Committee (State Real Estate Cadastre) and register the property with the Cadastral Register.

Also, an object can be registered on the basis of a certificate of ownership, like a previously unregistered object. 6. Why should the property be registered in the Cadastral Register? Answer: If an object is not registered with the Cadastral Register and has not been assigned a Cadastral number, then this object cannot be registered with Rosreestr (i.e. transfer of ownership, registration of a purchase and sale agreement, registration of a mortgage, registration of a lease, etc. ) 7. Who has the right to order documents from the BTI? Answer: The owner or the owner’s representative with a notarized power of attorney, and you must also have the originals of title documents and a passport with you. 8. What documents does BTI issue? Answer: Floor plan, explication, certificate of inventory value of the object, technical passport and plan, form 1A (extract from those passports), form 5 (certificate of the condition of the building), etc. 9. IS IT POSSIBLE, WHEN CONCLUSING A DONATION AGREEMENT, TO SPECIFY THAT THE DONEEE, WITHOUT MY CONSENT, WILL NOT BE ABLE TO CONCLUSION ANY TRANSACTIONS UNDER THIS DONATION ANSWER: No, it is not possible, a gift is an unconditional and gratuitous transaction. 10. Can the owner of the entire apartment (daughter) transfer 1/2 part of the mother at his own request ? Answer: Yes, the owner has the right to do this. 11. If the object is not registered in the cadastral register, is Rosreestr obliged to register property rights, given that the object is handed over to the bailiff on behalf of the executor? Answer: No, I don’t have to. Unless it's a dacha amnesty. 12. What documents must be provided to obtain a cadastral passport for a land plot? Answer: To obtain a cadastral passport for a land plot, you must provide the exact address of the property or the cadastral (conditional) number of the plot. 13. Hello. What documents from the BTI are required when buying and selling non-residential premises. Answer: Good afternoon! Currently, BTI documents are not required to register the transfer of ownership in Rosreestr. If you want to receive documents for verification, you must order a floor plan, an explication, a certificate of the condition of the building (F-5) and an extract from the technical passport (F-1A). 14. Is it possible to sell part of a non-residential premises if the entire non-residential premises is registered in the cadastral register and a certificate of ownership has been received for it? Answer: You can sell if you first divide the non-residential premises into 2 parts (you need to prepare a technical plan and submit it to the Cadastral Chamber) and receive cadastral passports for each premises. Without dividing the premises, you cannot sell part of the premises. 15. In 1998, a land plot was purchased (the transaction was notarized), but was not registered with the land committee. How can I get a certificate of ownership now? Answer: Submit documents for registration of the previously arisen right to the Russian Register. After registering your right, you will be given an extract from the Unified State Register of Real Estate (a certificate of ownership is not currently issued) 16. What document do you need to obtain from the BTI when selling an apartment? Thank you. Answer: At the moment, when selling an apartment, you do not need to obtain a BTI certificate. But if a buyer purchases an apartment from you with a mortgage, the bank requires you to provide a technical passport or floor plan and explication. 17. After the death of my grandfather, a plot and a house on it were inherited. There was an old certificate of ownership for the plot and there were no problems when registering the inheritance. There is only a purchase and sale agreement for the house from 1987. Ask the notary to provide a cadastral passport and cadastral value. The house is not in the Russian registry, nor in the cadastre, therefore they cannot give me these documents. I cannot register the house because I am not its owner. Now I have applied for a building permit, which was issued by the GPZU with the demolition of the old house. but they don’t give me a building permit because I cannot provide a document that I am the owner of the old house. Vicious circle, what to do? Answer: Register your house as a new building under the declaration. It is necessary to prepare a technical plan for the house and register it with the cadastral register. After this, you submit an application for registration of ownership rights to Rosreestr. 18. My parents live in a private house, which is not registered in the cadastral register. We plan to demolish the house and build a new, larger one. Do I need to register an old house or can I register a new house immediately after construction? Answer: No, you need to put up the old house, put up the new house right away. After building the house, call a surveyor to tie the house to the ground. You will also need to measure the house and prepare a technical plan from a cadastral engineer. Then contact Rosreestr and register your house in the Unified State Register of Real Estate. 19. I have a plot and my son’s plot is nearby. My son died. How to unite these plots. I have entered into the right of inheritance for these plots. What's the price? Answer: It is necessary to prepare a boundary plan for the plots and make changes to Rosreestr. 20. There is a land lease agreement, a boundary plan. We built a garage and a bathhouse from timber. How to register ownership. Answer: It is necessary to prepare a technical plan for the garage and bathhouse and submit documents to Rosreestr.

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21. In 1996, he privatized an apartment in Podolsk, Moscow region. under the so-called Agreement on the transfer of ownership of citizens. Recently I applied to Rosreestr through the MFC of Podolsk for an extract from the Unified State Register. The answer was - the object is not listed in the Unified State Register. What should I do to ensure that the apartment is included in the Unified State Register of Real Estate? Answer: You need to write an application to the State Tax Committee to include the object as a previously unaccounted object. 22. I own a plot of land in a gardening partnership. The house was completed. I want to take ownership of it and register it. What is the registration algorithm today? Answer: You need to prepare a technical plan from a cadastral engineer. Contact Rosreestr to register the ownership of the house in the Unified State Register of Real Estate. Or you can register the house according to the declaration. 23. Why register an apartment building (Moscow) built in 1956 for cadastral registration? Answer: This is not necessary, the house must be registered in the cadastral register. 24. The cadastral chamber refused to register the land plot due to improper execution of the 1996 certificate - there is no date of issue of the certificate, but there is the number and date of the registration record. What document can confirm the right to a plot? Thank you. Answer: This can be confirmed by a resolution on the allocation of a land plot. This document is issued by the district administration. 25. Good evening! Please tell me, if an unfinished construction project is registered in the cadastral register, why is there no cadastral value? Thank you! Answer: Because you have unfinished construction. 26. My wife and I are the owners of 1/2 of an apartment, we want to give our daughter the entire apartment, we need two gift agreements or one plus the consent of the second owner Answer: We need 1 gift agreement. You, your wife and your daughter sign the contract. You draw up the agreement with a notary, because you have shared ownership. 27. What is the difference between a gift agreement with lifelong residence and a simple gift agreement, the transaction is concluded between the parents (donors) and the daughter? Answer: The lifelong residence agreement states that you reserve the right to reside and register at this address. 28. I came to a notary to obtain ownership of an apartment by inheritance. The notary refused because the apartment is not registered in the cadastral register. The cadastral chamber does not register it because there is no ownership right. Dead end! What to do? Answer: Contact our company and we will register the apartment with the cadastral register. 29. Good afternoon! They divided the agricultural land. destination and one of the newly formed ones is less than 2 hectares (contradicts the minimum size of land plot in the Moscow Region). They have registered the plots for cadastral registration (assigned cadastral numbers), but they do not want to carry out registration. Is this legal? After all, there is cadastral registration. Answer: Good afternoon! To understand your situation you need more information. Call us or send documents and we will help you. 30. The house was built in 1979. We bought this house under a sales contract. There is a house book and a technical passport. When contacting the MFC they say that the house is not registered. He can’t even open his own individual entrepreneur, since we are registered in this house. How can this be? Answer: Send the documents to your home and we will try to help you. 31. Hello! I have lost all the documents for my apartment. Where and how could I restore everything? Thanks Answer: Hello! Documents must be obtained from Rosreestr; apply for a duplicate of the title document. 32. We built a house on our summer cottage in 1992. He was registered with the BTI. There is a building registration card for it. Until 2004, they paid tax. At the moment it turns out that it is not registered in the cadastral register. We are pensioners. Registration as a previously registered object was refused. Tell me what to do. Receipts from the Tax Service have not been preserved. Answer: You need to prepare a technical plan for the house. Submit documents to Rosreestr for accounting and registration of property rights. 33. Good afternoon. An unusual and difficult case. 8 years ago we were resettled from a Khrushchev building; a grandmother, a father and his 3 children lived in the apartment (the apartment was grandma’s). He came to help with the housework, a lot and for a long time. The father and children were given a 3-room apartment (we had to pay extra square meters). Grandmother was given a 1-room apartment. I helped there again, lived with my grandmother for 2 years, and later moved out. Soon my grandmother died (4 years ago). Well, after that I thought everything would be decided by the relatives there. But as it turned out, no. And now here is the most important question. The apartments are not privatized, the rental agreement was written in the name of the grandmother, i.e. No one is registered in the apartments. For 4 years the 1-room apartment just stood there. The father's 3 children are all minors. I moved into a 1-room apartment, it needs to be kept in order. Is there any way out of this situation? Renew the lease agreement and then process it slowly. For example, re-register it in the name of my father and me. And so it turns out that they will be evicted onto the street, and that’s also not possible. I know and understand that the deadline has long expired, but still these are relatives. Help me please. Thank you. Answer: You need to contact the City Property Department (DGI) or the court! 34. The log barn is not indicated in the USRN extract for the land plot. Accordingly, it is not included in the cadastral register. In the certificate of title dated 2000, the registration of a residential building is indicated with outbuildings, including a barn, according to the technical passport dated January 12, 1998. How to register a barn with cadastral registration? Sincerely! Answer: You need to make a technical plan and submit an application for cadastral registration to Rosreestr. 35. Can a bank seize a house that is not registered in the cadastral register Answer: Yes, along with the land plot! 36. Good afternoon, we are going to demolish an old house and build a new one in its place, what documents are needed to build and register a new house?

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What information can be reflected in the cadastral passport

The cadastral passport, or its updated version - an extract from the Unified State Register of Real Estate, is considered in our country to be a single information document for all real estate. The legislation of the Russian Federation stipulates that each residential and non-residential premises must have its own cadastral number, which is contained in a paper unique for each premises. It presents four types of information. Technical characteristics are collected into a common information base.

The first block consists of eleven subparagraphs. They reflect comprehensive information about housing:

postal address of the apartment;
what type of real estate it is (an apartment is a residential premises);
type of property (room or whole apartment);
housing area;
floor, if the property is located in a multi-storey building;
how many floors are there in the house?
cadastral number, it is unique for each home;
a certain cadastral value of the apartments;
date of technical inspection of the premises;
graphic drawing.

Some extracts even indicate the material from which the walls and ceilings are made. It is indicated what type of heating the residents use.

The second block examines which document was taken as the basis for registration, as well as other legal characteristics. All types of legal acts are indicated. Restrictions are prescribed for houses and apartments. Each of them is discussed in detail. There is a part of the section that is closed to others. It contains information about the citizen’s legal capacity, as well as an agreement on the transfer of property.
The third block contains the technical plan of the housing.

The passport is confirmation of the existence of the property. The proof will be the assignment of a unique number, which is entered into the updated USRN database.

Registration methods

There are two ways to register a residential property. The first way is to personally come to the MFC or the Cadastral Chamber to carry out registration. The second method is accounting using the Rosreestr website.

Come to the multifunctional center. Write an application, a sample can be obtained from the organization’s employees. The MFC employee should give a package of documents that are needed for the accounting procedure. The data will be entered into the general registry database.

You must pay the state fee and attach the receipt to the general package, which you hand over to the center employee. The authorized employee must indicate after what time it will be possible to pick up the registration certificate. You must receive a cadastral certificate at the specified time. Usually the procedure takes no more than five working days.

For those who confidently use the Internet, it will be more convenient to open the Rosreestr online website and register on it. After successful registration, you need to find the “registration of cadastre” section in the menu and select which property you want to register. The next step is to fill in the fields for information about the apartment. You also need to choose which document you want to see in the end. Some prefer a paper version of the certificate, while others find it more convenient to use an electronic copy for their work. On the website you can choose how to receive the original. You can come yourself or request that the original be sent by Russian Post. The site will ask you to enter the details of the person who needs a cadastral passport. The online service is also convenient because you can pay the state fee without leaving your computer using a bank card.

Review of the cadastral passport for the apartment (not issued from January 1, 2020)

In 90% of cases, the paper cadastral passport of the apartment consisted of 2 sections (KP.1 and KP.2) with a drawing of the apartment. In 10% of cases there was only one section of KP.1 without a drawing of KP.2. This depended on the amount of information about the apartment in the State Property Committee and on the cadastral engineers, whether they included a drawing (plan) of the property and other information in the cadastral registration.

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In 90% of cases, the electronic cadastral passport of the apartment had only section KP.1 . Often there was no section KP.2 with drawing plans. Also, along with the passport, an electronic digital signature of the Rosreestr registrar (EDS) was provided. In the paper version there was a blue seal and hand-painted by the registrar, and in the electronic version this was this digital signature, which could be identified by the court, bank or other authority that requested the passport.

Production time and cost

The production time after submitting the entire list of papers will be five days. There are exceptions, but they are reported by employees of the Cadastral Chamber.

If you need to complete the registration as quickly as possible, then there are special companies that can speed up the process. For a certain percentage, they will issue you a passport for your living space in one working day. Usually such companies charge 1000–2000 rubles.

According to the law of the Russian Federation, extracts from the Unified State Register are free services. If assistance in preparation is required, it will already be paid. You also need to pay a state fee, its amount ranges from 200–500 rubles for individuals. If it is necessary to produce a technical certificate for an apartment, the cost of the service will be 10,000 rubles. When private firms deal with this issue, they can request 5,000–7,000 rubles.

Is official privatization of the apartment necessary?

If the apartment is part of an unfinished residential complex, then you need to conclude an agreement on shared participation, which is noted in advance in Rosreestr. The owner will receive full rights after construction is completed and the deed is signed. After this, you need to visit the State Bureau of Investigation with this document for registration.

January 2020 brought changes that affected property taxation of individuals. Article 32 of the Tax Code of the Russian Federation establishes a new procedure for calculating taxes on residential space.

30 Jun 2020 hiurist 256

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Refusal of registration

Authorized bodies may refuse to issue cadastral paper. There may be several reasons for this decision:

The package of documents is incomplete. The required paper may be missing. In this case, you can once again review your archives, find the required sheet and bring it to the Unified State Register of Real Estate.
An error was found during registration. A citizen may have incorrectly provided his/her personal data or information about living space. In this case, the authorities give the right to correct the mistake and bring correct data.
Deliberate concealment of information. If there have been changes in the layout that are not displayed anywhere. Actions are subject to punishment if an architect was not called during the repair work. Violations in wall panels are possible, although citizens should be aware that load-bearing walls should not be touched during redevelopment. Such cases are resolved through the courts.

Underwater rocks

Extracts from the Unified State Register are considered unlimited. This issue has its pitfalls. All data is considered reliable at the time of receipt of the extract. After the five-year period, it is worth conducting an inventory of residential buildings. It is worth checking the data; perhaps there will be disagreements with the redevelopment statement. It turns out that the technical plan contains an outdated version. If the changes are not recorded anywhere, the owner of the apartment will need to pay a fine. To avoid penalties, you need to report all changes in advance to the authorities supervising residential properties. Calling an architect to obtain permission to remodel your home will help you avoid violating regulations.

When submitting an application, an MFC employee must write you a receipt indicating the date when to pick up the completed certificate. If the date is not specified, then you should point out to the employee his mistake; the time you will spend on this procedure depends on this.