Removing a house from cadastral registration

The State Cadastre contains data on all real estate objects that are located in Russia and have been registered taking into account established norms (rules). When a structure is created, a corresponding record is made confirming registration. If the object ceases to exist, the reverse procedure is carried out - the mentioned entry is excluded. The question is how to remove a house from the cadastral register in the event of partial destruction or complete demolition, and what papers will be required to solve the problem. Below we will consider these questions in more detail.

Reasons

The legislation of the Russian Federation states that the following factors may be the basis for deregistration of an object.

For home

Reasons:

Demolition of the object. We are talking about the destruction of a building by decision of the owner or in the event of force majeure (hurricane, flood, tornado or other natural disasters).
Transfer by the owner of forged documents or deliberately false information on the structure.
Carrying out completion works (not to be confused with reconstruction). This item includes measures that involve increasing the area of the facility, as well as changing the parameters of the structure specified in the cadastral passport.
Combining several buildings into one. For example, the owner combines several buildings with one roof, provides a common foundation, or builds a full-fledged complex.
Submission of invalid documentation or counterfeit papers to the authorized body.
Recognition of the cadastre number as having become invalid until the completion of the work.
The general building is divided into several separate buildings. In such a situation, the object is deregistered, and each new building is registered separately.

For apartment

Reasons:

Demolition of the building where the living space was located.
Combining 2 or more apartments into one.

For garage, additional objects, unfinished building

Reasons:

Demolition of objects at the personal request of the owner.
Destruction of structures due to natural disasters.

See also: Bankruptcy of the developer during shared-equity construction

Destroyed or burnt house

Reasons:

Inspection report by a special commission (meeted in the cadastre bodies).

The mentioned document indicates that the building was destroyed due to a natural disaster, for example, a fire.

Grounds for deregistration

Land use area

For deregistration of a land use site, the legislation provides for the following grounds:

division into several separate, existing land use areas;
merging land use areas that have common land survey lines into one;
in relation to the land registered in the cadastral register before March 1, 2008, state registration of rights has not been carried out;
an application has been submitted by a candidate rights holder who has placed the plot of land temporarily registered in the cadastre, provided that the rights have not been registered at the time of filing the application.

Important! Until 01/01/2017, a plot of land, a permanent structure, or premises were recognized as temporary if the registration procedure in the cadastre was carried out in respect of them, but the rights were not registered. Currently, this concept is absent in legislation.

Residential (non-residential) building

To remove a house from cadastral registration, the following grounds are required:

demolition (dismantling) of a building;
loss of a house as a result of a natural disaster (fire, flood, earthquake);
reconstruction of a residential building, as a result of which the unique characteristics of the building change, and it is necessary to deregister the old object and install a new one;
merger (division) of several buildings into one (several);
application of a candidate rights holder for deregistration of a temporary property due to the lack of state registration of rights.

Important! Real estate objects temporarily registered in the cadastre before 01/01/2017 will be deregistered automatically after 03/01/2022, if the rights to them are not registered.

For apartment

The legislation provides for the following grounds for deregistration of an apartment:

demolition of the residential building in which the apartment is located;
merging several apartments into one.

Also on the topic: Making changes to the USRN information: procedure and documents

For garden house, garage, auxiliary buildings and premises, unfinished construction

To deregister a garden house, garage, or unfinished construction, it is necessary that they be dismantled (demolished) or destroyed (as a result of emergency situations).

It is also possible to deregister a barn on these grounds.

Important! For demolition (dismantling) of buildings, in accordance with regulations adopted in various municipalities, a permit from the local executive authority and a project for organizing demolition or dismantling work are required.

For a destroyed or burned house

To remove a destroyed or burnt house from registration, an inspection report by specialized cadastral organizations is required.

It will indicate that the basis for drawing up this document is a certificate from local executive authorities confirming the fact of loss of property as a result of a natural disaster.

For the same reasons, the destroyed part of the building can also be deregistered.

How to remove a house from cadastral registration - document requirements

To successfully complete the procedure for deleting a registration record, you need to collect the following package of papers (transferred to the local - district or city representative office of the cadastre of the Russian Federation):

Application (filled in the prescribed form). Features of the drafting are regulated by legal norms.
Inspection report. The document is signed by the cadastral engineer and confirms that the registered building no longer exists.
Passport. If the applicant is the owner, he/she must present a personal document. It is possible to apply through a representative, but in this case a notarized power of attorney is required.
Court decisions. This paper is required if a decision to remove an object from cadastral registration is made by a judicial authority.

How to remove a building from cadastral registration - options

To delete an entry about a private, burnt-out or country house in the register, you need to collect the mentioned package of papers and submit it along with the application:

Through the Rosreestr website. This option is the most convenient because you don’t need to go anywhere. All manipulations are done through the global Network. It is important that the papers are signed using digital signature. The latter is issued in specialized structures (the name and instructions for obtaining can be found on the Rosreestr resource).
Personal visit. To remove a burned-out or private house from cadastral registration, you can personally contact Rosreestr. To avoid long periods of standing in line, you should make an appointment in advance (via the website).
MFC. Alternatively, you can contact the nearest multifunctional center. The main thing is to make sure that the organization provides such services.
Mail. If the options discussed above are not suitable, you can send the documentation and application by mail. When choosing this option, it is important to have the papers certified by a notary. The documentation package is sent by registered mail subject to notification.

Of the methods considered, the most convenient is to remove the building from cadastral registration via the Internet. In this case, it is possible to save time and subsequently control the stage of reviewing papers on the official website.

See also: Are cemeteries as structures subject to cadastral registration?

When choosing a treatment option, take into account the following nuances:

When sending documents by mail, you should contact your local registration organization or head office.
If sending papers by e-mail, it is recommended to use the State Services website.
When submitting documentation to Rosreestr or MFC in person, the required application address can be easily found on the website of the federal service.

Deregistration of a property from the cadastral register in 2020

The procedure for deregistering a property in the Unified State Register of Real Estate consists of the following steps:

Collection of the necessary package of documents.
Submission of collected documents to the relevant authorities.
Receiving an extract on the deregistration of an object.

Who can apply?

The owner or a person acting on his behalf can apply for deregistration of a real estate property on the basis of a power of attorney issued by a notary.

Where should I contact?

You can deregister an object from the real estate cadastre by submitting the required package of documents and an application:

On the Rosreestr website , but it is necessary that the application be signed with an electronic digital signature. It is purchased from specialized certification centers (the names of organizations can be found on the Rosreestr website).
At a personal reception at Rosreestr organizations. You can sign up on the organization’s website in the special subsection “Offices and Receptions”.
To the nearby multifunctional center , but you need to check whether the nearest one provides this service.
By mail , but it is necessary that all papers be certified by a notary. Correspondence must be sent by registered mail with notification and description of the attachment.

Important! Currently, using the Rosreestr website, each applicant can track at what stage of consideration the documents are.

When choosing a treatment method, it is worth considering the following points:

If a package of documents is sent using postal services, then it is better to contact local regional registration organizations or the main office: 101000, Moscow, Chistoprudny Boulevard, 6/19.
If documents are sent by email, you can also use the government services portal.
If the package of documents is submitted by the applicant to the Rosreestr services, multifunctional centers (MFCs) in person, then the nearest organizations can be found on the website of the federal state registration service.

Also on topic: Privatization of an apartment through the government services website

Basic documents

To deregister a real estate property from the cadastre, you will need to provide the following documents:
Personal passport.
Power of attorney if it is not the owner who is applying.
Statement of the established form.
An inspection report (capital buildings, structures, premises) or a land management report (when dividing or merging land plots).
Documents establishing title, if the rights to real estate were registered before 01/01/1998.
A court order, if an object is deregistered by a court decision.

Inspection report

To obtain an inspection report, you must contact a specialized organization that employs cadastral engineers who have the qualifications required by law, confirmed by a certificate.

To draw up an act, the cadastral engineer will need documents on the basis of which the property has ceased to exist.

It could be:

decision of local authorities on the demolition or recognition of an object as unsafe;
documents on the seizure of the land use area on which the building is located for the needs of the state;
design documentation for the construction of new permanent buildings and other objects on the site of demolition;
the owner’s decision to dismantle the facility on a voluntary basis;
certificates (decisions) of local executive authorities confirming the fact of loss of property in the event of a natural disaster or for reasons beyond the control of the owner of the property.

After visiting the site, an act is drawn up and electronically transmitted to the Rosreestr system. The owner receives a paper copy certified by the seal of a cadastral engineer.

Important! An inspection report will not be required by the registration authorities in cases where an object is deregistered on the basis of a merger or division.

All work is carried out on the basis of a contract. On average, the examination and preparation of the report takes 5-7 days.

Example of an inspection report:

When is refusal possible?

Before removing a destroyed, burnt, apartment, private or country house from the cadastral register, it is important to study the reverse side of the service. In some cases, authorized bodies refuse to deregister. This is possible in the following cases:

Along with the package of papers, an act was handed over, which was signed by an unauthorized person or an engineer who does not have the appropriate certificate.
The documentation package lacks the main document - the site inspection report.
The application was completed in violation of the existing form and/or submitted by an entity that does not have the right to do so.
The inspection report was issued for a different object (not the one indicated in the application).

See also: How to register a non-residential building on the cadastral register - algorithm of actions

In the cases mentioned above, it will not be possible to deregister a burnt house, an unfinished or destroyed building, or another object. The process of performing the service is suspended until the applicant eliminates the existing comments. If the information in the act corresponds to the information provided in the application, a second visit by the cadastral authority specialist is not necessary.

Peculiarities

Below we will consider how to remove an object from cadastral registration in relation to various objects.

Burnt house

A building can burn down due to a short circuit, arson, or being struck by lightning. Other situations are also possible. Regardless of this, the owner submits an application to remove the entry about the structure from the register. At the same time, you cannot use a trick and build a new building, and then present everything as reconstruction or restructuring. If a private, country or other house burns down, it must be deregistered. An application is submitted to the authorized body with a request to exclude information about the construction from the cadastre, as well as the inspection report of the object. The last paper is mandatory. Only after approval of the act can it be confirmed that the building cannot be restored.

Destroyed house (country house, private)

Here the owner is faced with a dilemma - to remove the property from the cadastral register or to begin its restoration. Most often the decision falls on the first option. Before contacting the registration authority, it is required to demolish the object and document this fact. Approval is carried out by a cadastral engineer, who visits the site and draws up an inspection report.

Apartment house

If we are talking about an apartment building, the decision to deregister or restore it is also made by an engineer who has the appropriate license. Otherwise the procedures remain unchanged.

What is an inspection report?

Inspection report

compiled by
a cadastral engineer
as a result of an inspection of the location of a building, structure, premises or unfinished construction site. He confirms with this document the fact of death or destruction of the property. In the case of premises, the cadastral engineer confirms that part of the building in which the premises was located, or the entire building, has been destroyed.

After state registration of ownership of a building or structure, it is allowed to deregister the premises located in such a building or structure, based on an application from the owner of the building or structure or his representative and the documents necessary for cadastral registration. This owner or his representative may submit an application to the cadastral registration authority to deregister one, simultaneously two or more, or all premises belonging to this owner in such a building or structure. In this case, it is not required to submit an inspection report confirming the termination of the existence of the property ( Part 5 of Article 25 of the Law on the State Property Committee )

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