Certificate of absence of encumbrances on real estate


Owning real estate is the desire of every normal person. When you have your own home, you can always be confident in your social freedom. But there are often others who want such personal “independence.”

Documentary proof of ownership of real estate is not the only source of information about its owner. To obtain information about homeowners, you can order an extract from the Unified State Register.

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Why do you need certificates from the BTI?

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These documents confirm ownership rights or lack thereof, and in some cases help resolve property issues, such as the purchase and sale of land, an apartment, or a residential building.

All certificates from the BTI are carried out on special state-issued forms, certified by the signature and seal of the organization.

Any Russian citizen can receive a completed certificate from the MFC when submitting an application and a package of documents; in most cases, the basis is:

  1. Registration, privatization of land
  2. Registration, privatization of living space (apartment or house)
  3. Transfer of ownership rights to another person
  4. Termination of ownership rights to an object
  5. Purchase and sale of real estate
  6. Registration of donation
  7. Inheritance
  8. Applying for a mortgage loan
  9. Registration of a subsidy

In some cases, a document may be required in court, or upon application from the Ministry of Internal Affairs and other executive authorities.

In what cases may a certificate of ownership be needed?

Such a certificate may be required in cases where a citizen needs to prove that he does not own real estate, or, conversely, the presence of any property rights.

Help may be needed in the following cases:

  1. Placing in a queue to receive free housing from the state if there are grounds for receiving it.
  2. Privatization of real estate.
  3. Registration of a mortgage.
  4. Debt disputes .
  5. Proceedings on the division of property.
  6. Participation in various government programs for the poor and other categories of citizens.

In addition to the cases listed, information may sometimes be required by law enforcement agencies . However, most often they request it directly through the authorized bodies (BTI, Rosreestr).

What forms of certificates and documents from the BTI can be obtained through the MFC

Through multifunctional centers, you can order several types of documents and certificates from the Technical Inventory Bureau.

  • technical passport of the object
  • certificates on forms 22 and 25 for explication
  • registration certificate
  • a certificate confirming the value of the property and land plot
  • plan of a property, land plot
  • certificate form No. 3
  • document assessing the condition of real estate
  • other BTI statements

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What is a certificate of availability or absence of ownership of real estate

Certificate of ownership is a document that is an extract of data from the Unified State Register of Real Estate (USRN). Each real estate property officially owned by any owner is entered into the state accounting database. This database is divided into regional clusters containing information about real estate located within a particular region.

The certificate contains information about all real estate owned by the citizen. Data for reference can only be obtained if the property is registered according to law.

paperwork

How to obtain a BTI certificate from the MFC

To prepare a document from the bureau, you must contact the office of the multifunctional center nearest to you, having previously made an appointment by phone. You also have the right to consult with a specialist in advance on any issue.

Some centers do not have a pre-registration service; in this case, you need to come to the department and get an electronic queue coupon; all information can be clarified at the reception desk.

What documents are needed for a BTI certificate?

Before visiting the center for the provision of state and municipal services, you need to collect a package of documents, without which any certificate will not be issued.

  • Application for receipt (to be completed on site)
  • Civil passport of the Russian Federation from the applicant
  • If a third party applies to the MFC, a power of attorney certified by a notary is required.
  • If the certificate is issued on behalf of a minor, an original birth certificate is required
  • If you are married, the original certificate of registration
  • If you are entering into an inheritance, a document confirming this, such as a will.
  • Receipt for payment of the cost of the certificate (can be paid on the spot)

Photocopies of the above documentation may be required, but there is no need to worry, as a rule, all MFCs are equipped with copying equipment, and employees are willing to meet you.

After you fill out the application and hand over all the necessary papers to the specialist, you will be given a statement of acceptance of the documents, it will contain an application number by which you can track when the certificate is ready.

Necessary documents to obtain a certificate of ownership

Standard documents for obtaining a certificate of ownership of real estate are a passport of a citizen of the Russian Federation, SNILS (if registration with the Pension Fund of Russia was made after April 1, 2020, a document confirming registration in the individual accounting system), a receipt or check for payment of the state fee for this service. When ordering an extract through the State Services service, you can pay the state fee directly on the website or in the application, and the document data, as a rule, is already saved in the system.

A written request (application) may also be required. You can download and fill out the form in advance, but usually an MFC or BTI employee issues this form.

Terms of production and validity of the BTI certificate

According to the law, all types of certificates requested from the BTI are issued within 30 days from the date of application; in practice, a document ordered through the MFC will be ready in two to three weeks.

The validity period of each individual certificate, document or extract differs, and can last from several days to a year; the new technical passport is valid indefinitely.

Read also: Buying and selling a garage through the MFC

A mandatory aspect for obtaining a document is payment of the production cost; the price of documents ordered from the BTI through the MFC in 2017-2018 varies according to their type.

Fourth step

Checking the information entered in the previous steps. If everything is correct, the request must be signed - this will require an electronic digital signature.

The last step of submitting a request on the Rosreestr website is data verification.

BTI. Previously, a certificate of lack of housing was taken from the BTI. Now there is information only about those properties that were registered before April 3, 1995, and they receive this information through the MFC. Perhaps in small villages the old system still remains, but, for example, in St. Petersburg from the BTI you will be sent to the MFC or to the Rosreestr website.

Government services. You cannot order a certificate on the government services website - only through the Rosreestr website. The personal accounts of both sites are connected, so if you confirmed your identity when registering for government services, then it will be confirmed automatically in Rosreestr.

The cost of certificates from the BTI to the MFC

Help titlePrice
Certificate form No. 5212 rubles
Certificate for the state commission for acceptance of objectsFree
Entering an address into the register20 rubles per address
Certificate of technical condition of a residential property110 rubles
Establishing the address of the object437 rubles
Inventory value540 rubles
Certificate form No. 8212 rubles
Private houses, certificate form No. 11540 rubles
Land plots, certificate form No. 3212 rubles
Help in form No. 4212 rubles

Form and content of the certificate

A certificate of availability of real estate must be certified in accordance with all documentation rules. To do this, the seal of the relevant authority and signature are affixed to it. In the event that real estate is available, the certificate contains data from an extract from the Unified State Register. The list of information includes an indication of the owner and a description of the general characteristics of the object. If there is no property, no information is entered into the entry fields. Some indicate directly that there is no property.

A certificate of availability and a paper indicating the absence of housing are two documents similar in form, however, they are not considered identical. Their main difference is the content.

In what cases may a refusal to issue documents from the BTI be received?

If you have fulfilled all the conditions and provided all the necessary documents, you do not have the right to refuse to issue a document from the BTI; if the employee categorically refuses to issue it, you should request a written explanation from the official indicating the reason for the refusal.

If you consider the refusal to be illegal, with or without this document, you can contact the competent authorities, such as a court; we recommend that you consult with a lawyer in advance.

A common and unlawful reason for refusal to issue a new technical passport for an apartment is the lack of land surveying and a cadastral passport of the entire apartment building.

According to clause 5 of Art. 1 of the Land Code of the Housing Code of the Russian Federation, the Technical Inventory Bureau does not have the right to refuse to issue you this document, otherwise their actions can be challenged in court.

Instructions for obtaining help

To document the authentic documents from the BTI, a person needs to go to the inventory bureau and make a request, which will include details about the owner of the apartment or house, and indicate the reason for receiving the document. The applicant comes with a passport and prepares other necessary documentation.

Name of papers required to be provided by applicants:

  • passport or identity card;
  • a certain package of documents for confirmation by the applicant of the right to receive certificates from the BTI
  • power of attorney certified by a notary, if an authorized person applies;
  • an application in the prescribed form, filled out by individuals;
  • for submission to legal entities - a letter of guarantee.

At other times, BTI employees may request other papers:

  • documents on the procedure for registering legal relations or their termination;
  • certificate of birth of the child or his guardianship;
  • evidence of the death of a person;
  • information from the notary's office about the opening of an inheritance;
  • a paid receipt of state duty for the provision of the service.

Documents required to obtain a BTI 11a certificate:

  • Request for debt on utility bills. You can get it at the housing department after paying all fees. Issued by the accounting department and signed by the head of the department. The information is valid for exactly one month.
  • Personal account for living space (copy). The description contains documents confirming the right to the provided living space. The area of ​​the room is described: living room, bathroom, kitchen, etc. To purchase this paper, you need the applicant's passport. Valid for a month.
  • An extract from the house register is issued at the passport office. It lists all persons who are registered in the residential premises. When requesting an extract, you need to ask if there is anyone in prison or serving in the army at that time. If the detected persons do not have another place to live, upon their return they may be registered in this living space. Issued for exactly one month.

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