Federal Law No. 218 introduced fundamental changes to the legislation regulating the procedure for registering rights and carrying out cadastral registration. Based on its provisions, a unified system for registering rights to real estate was established.
If previously registration required registering an object with the cadastral register (issuing a cadastral passport) and applying to Rosreestr (issuing a Certificate of Ownership), today the procedure has been simplified.
We propose to consider whether these documents are needed today, whether an extract from the Unified State Register of Real Estate replaces a cadastral passport, and how to significantly simplify the procedure for registering rights to Russian real estate.
- Receipt procedure
Contents and features of the cadastral passport
Cadastral passport - data previously contained in the State Real Estate Cadastre, presented in the form of an extract. Their receipt is required to register the right to objects and conduct transactions with it.
The content of the cadastral passport is determined by the object whose data is included in it:
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Previously, the absence of a cadastral passport entailed the “invisibility” of a real estate property for public utilities, the passport office, and tax authorities. The owner could not count on government support and could not prove his rights to the plot.
Without a cadastral passport, it was impossible to register ownership of a plot or apartment, build a house or garage on the territory, or provide real estate as collateral when applying for a loan or credit.
From January 1, 2020, there will no longer be cadastral passports and extracts from the unified register of rights
Please note that state registration of rights to a land plot, information about which has been canceled from the State Property Committee, cannot be carried out. Article 20 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” determines that state registration of rights to a real estate object is not allowed if this real estate object is not considered registered in accordance with the Federal Law “On the State Real Estate Cadastre”.
In order to determine the status of information about a land plot, you need to take a cadastral passport and find on the first sheet item No. 6 - “Date of entry of the number into the state real estate cadastre”, which contains information about the date the land plot was registered with the state cadastral register. If a date is specified before March 1, 2008, the site will not be cancelled. If the date is after March 1, 2008, we add 5 years and get the deadline by which you need to register your right with the Rosreestr Office for the Volgograd Region.
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How to obtain a cadastral passport?
To obtain a cadastral passport of the established form, which was in force previously, citizens applied to the Cadastral Chamber or a multifunctional center (MFC), filled out an application and paid the established fee.
The employee issued a receipt for the provision of information from the Rosreestr database indicating the date when the cadastral passport would be issued. Typically, the receipt time was 10-14 business days.
On the specified day, the citizen applied to the Cadastral Chamber or MFC, handed over a receipt and received a cadastral passport. The validity period of this document is not limited, but replacement was required in case of significant changes in information about the site or the owner.
How and where can I get a cadastral passport for an apartment?
- The document is updated after the apartment is redeveloped. All changes made must be reflected in this document.
- When it is necessary to evict a tenant through the courts.
- It is mandatory to obtain a cadastral passport when moving into a new apartment from the developer.
- Statement of the established form.
- Owner's ID.
- Title document for real estate.
- If you need to legalize the redevelopment, you need a technical passport for the object, a court decision, etc.
- When the interests of the owner of residential real estate are represented, an appropriate power of attorney is additionally attached.
- Payment receipt in accordance with Order of the Ministry of Economic Development of the Russian Federation No. 343 dated July 30, 2010:
- individual – 200 rubles;
- legal entity – 600 rub.
Sections of the extract from the Unified State Register of Real Estate
An extract from the Unified State Register of Real Estate is a document containing information about the main characteristics and rights to a real estate property, which is located on the territory of the Russian Federation and was registered in the prescribed manner.
Contents of the extract from the Unified State Register of Real Estate (5 sections in total):
- exact address of the property,
- appointment,
- square,
- floor,
- Full name of the owner(s),
- indication of the shares of each copyright holder,
- restrictions and encumbrances (if any),
- cadastral number,
- cadastral value,
- apartment plan (land plot plan).
Attention! An extract from the Unified State Register of Real Estate about non-privatized real estate cannot be issued, since information about it is not contained in the database.
Cadastral passport canceled
Reliable technical documentation (technical passports) is necessary for management organizations, homeowners' associations, housing cooperatives or other specialized consumer cooperatives or owners of apartment building premises to manage the apartment building.
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The technical passport can also be used when allocating a share in kind or dividing a property that is in shared ownership. A technical passport, which records the total area of the house, as well as the area of each of the premises of the residential building and their boundaries, can be the basis for the participants in shared ownership to draw up an agreement on the procedure for using the common property.
What changes have occurred?
Since 2020, an extract from the Unified State Register of Real Estate has replaced the cadastral passport, which has changed the procedure for issuing title documents. If previously, when registering a cadastral register, it was necessary to obtain a cadastral passport, now there is no obligation to obtain one.
Federal Law No. 218 combined two procedures: cadastral registration and registration of property rights. Now the applicant, applying to Rosreestr, receives a cadastral extract containing the unique parameters of the object.
There has been a change in the immediate format of the cadastral passport. Previously, it consisted of 6 sections, but in the new extract from the Unified State Register of Real Estate, all information is located in 5 sections. Additionally, there is a schematic block (graphs, drawings and plans depending on the property).
Reasons for canceling a cadastral passport:
- Elimination of bureaucratic “barriers” during state registration.
The need for citizens to collect almost the same list of documents to perform different legal actions disappears.
- Significant time savings for individuals and legal entities.
Generalized information is issued in the form of one document in a shorter period of time: instead of 10-14 days - 3 days.
- Significant cost reduction.
There is no need to pay several state fees at once - for the registration of a cadastral passport and the preparation of an extract from the Unified State Register of Real Estate.
Why was the cadastral passport canceled in 2017?
The main reason for the abolition of the cadastral passport in 2020 is the elimination of unnecessary bureaucratic barriers to state registration of property rights and cadastral registration. Everyone who registered property rights before 2017 was perplexed why the same procedure (state registration, cadastral registration) requires collecting the same documents and applying to the same department, Rosreestr. As a result, in order to receive a cadastral passport, it was necessary to wait about 21 days, state registration lasted about the same amount, which caused complaints among the owners of property rights, while during the registration process it was impossible to do anything with their property rights. The introduction of new law No. 218 provides for the elimination of obstacles to state registration in the cadastre and state registration. Now all interested parties have to submit one application to undergo 2 procedures (state registration and cadastral registration). The deadlines for receiving an extract from the Unified State Register have also changed. Now the maximum period for state registration and cadastral registration is no more than 12 days, compared to a 30-day period in the past. .
The immediate format of the cadastral passport has also been changed. All information was transferred to the corresponding sections of the USRN extract (previously there were 6 sections in the cadastral passport), in the new USRN extract there are 4 (sometimes 5 sections). The document contains basic information on the object of right, cadastral number, physical address. Includes cost, who is the owner. In addition, it is indicated which restrictions are legally present, and additionally a graphic block of the cadastral plot.
Registration of an extract from the Unified State Register of Real Estate via the Internet
Individuals and legal entities can issue an electronic extract from the Unified State Register of Real Estate in just 30 minutes using the online service “KTOTAM.PRO”. The document is issued at the request of copyright holders and other interested parties.
Online registration is an excellent choice for those who:
- doesn’t want to waste his free time standing in long lines and waiting for days for a document,
- strives to obtain 100% reliable information from official sources (Rosreestr databases),
- makes a choice in favor of ease of payment (various methods) and accessibility - the cost of the service is only 250 rubles.
To receive an extract from the Unified State Register of Real Estate using the KTOTAM.PRO portal, it is enough to indicate the exact address of the property or the cadastral number assigned to it. You can track the status of your order through your personal account.
What is an extract from the Unified State Register used for in 2020?
An extract from the Unified State Register is used to document the presence (absence) of ownership of real estate (house, apartment, land, etc.). Used when making all transactions involving a transfer or change of rights.
Extract from the USRN:
- used as a legal document when carrying out various transactions;
- indicates the presence (absence) of a registered right or restriction on the object;
- used to check the legal “purity” of real estate before a transaction;
- allows you to obtain 100% reliable information about the technical characteristics of real estate.
An extract from the Unified State Register is required when applying for a loan in commercial banks, when notarizing actions, during purchase and sale transactions, etc.
Cadastral passport or extract from the Unified State Register of Real Estate?
Indeed, in accordance with the current legislation, an Extract from the Unified State Register of Real Estate replaces a lot of different documents that were previously in use, including a cadastral passport, a certificate of ownership, etc. Depending on the nature of the information requested from the Unified State Register, the following extracts are distinguished:
- Basic information (characteristics), data on the rights that are registered for real estate; (Extract on basic characteristics and rights)
- About alienation transactions - who received the property and when; (Extract on transfer of ownership rights)
- About citizens in the context of the real estate they own, including throughout the Russian Federation. (Extract on transfer of ownership rights)
For reference! As the main characteristics, a description of the object, form of ownership, who owns it, whether there are encumbrances, arrests or any restrictions are entered into the Unified State Register of Real Estate.
These are types of statements, of which there can be many, depending on the request. There are seven types used for the purchase and sale of real estate, each of which reveals:
- Main characteristics;
- Cadastral value;
- Ownership rights to the property;
- Change of owner - from whom and to whom the rights were transferred;
- Contents of title documents;
- Incapacity or limited legal capacity of the owner;
- Shared construction agreements.
In accordance with the requested information, extracts are from the Unified State Register of Real Estate 1, 2,…,7. Other types of documents from the Unified State Register of Real Estate have no relation to real estate alienation transactions.
Thus, the Extract from the Unified State Register of Real Estate replaces the cadastral passport and certificate of ownership. Now, citizens do not need to worry about the safety of paper documents for real estate, because... all relevant information is stored electronically, is available to them at any time and cannot be destroyed!
This information is provided in paper or electronic form. Naturally, an electronic statement will cost you less, and getting it is much easier and faster! The electronic form of the statement is provided in XML format, and an electronic digital signature must be placed on it!
Order an electronic extract from the Unified State Register of Real Estate
The paper version of the extract must be signed by an authorized employee of Rosreestr and must have a blue round official seal. It is mainly obtained in the following cases:
- To submit an application to the bank for a loan;
- When filing a statement of claim in court or sending an objection by the defendant;
- To obtain permission from the guardianship authority;
- For other institutions that require a paper transcript.
Electronic statement forms are used by sellers, intermediaries and real estate buyers. This simplifies the verification procedure. Also, we see positive dynamics in the acceptance of electronic statements by both government agencies and private entities. This suggests that soon, an electronic statement will be able to completely replace its “paper twin”!
Advantages and disadvantages of canceling a cadastral passport
Cancellation of cadastral passports:
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Is an extract from the Unified State Register a replacement for the cadastral
An extract from the Unified State Register today replaces the cadastral passport. It is a more informative document that will be used in real estate transactions in 2020 and subsequent years.
Despite the fact that previously received cadastral passports do not lose their validity, they are no longer issued, and their use in transactions is no longer encountered in practice.
Author: project Who Is There
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What data is contained in the cadastral passport?
The CP contains all the parameters of the property:
- address;
- square;
- dimensions;
- number of storeys;
- attitude to a certain type or category, and others.
And, as noted above, today the function of cadastral passports is performed by other documents: an extract from the Unified State Register of Real Estate, land survey and technical plans. And, in most cases, a passport is not required to conduct real estate transactions.
However, it may be necessary in some cases (for example, to check the consistency of historical data).
Where can I get a cadastral passport?
To do this, you need to contact the Design Bureau of Technical Inventory at your place of residence. When visiting the BTI (now BIP), you must provide a passport and an inventory of property owned.
It should be borne in mind that a special procedure has been established for the inventory of property - its annual confirmation is required. Some owners neglect this and then receive a refusal to register the DCP (for example, if a real estate purchase and sale transaction is completed at the end of December and the inventory expired at the end of the year).
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