Cadastral registration is the procedure for entering new information into the database and changing existing information about real estate objects. Registration of houses in Rosreestr allows the owner to fully manage the property and make legal transactions. The need for registration appears when purchasing or merging or dividing land plots.
Legislative regulation
The State Register is maintained according to the standards established by law. Information entered into the database is publicly available. If necessary, each citizen can track changes in information about property by submitting a request.
Collection and processing of information about land plots and their users allows the state to analyze the state of land resources and their effective use.
The main legislative act regulating the registration of real estate is Federal Law No. 221 “On the State Real Estate Cadastre”. IN article 22 a list of documents for registering an object with cadastral registration is presented. Article 21 establishes the rights of applicants.
Law No. 218 “On state registration of real estate” determines the procedure for registration and establishes the grounds for cadastral registration of plots of land and other objects.
A complete list of documents for registering a house
Cadastral registration is carried out at the request of the owner. To apply to Rosreestr, a citizen collects the following documentation:
- statement;
- applicant's passport;
- receipt of payment of the fee for the government service;
- (required when changing the characteristics of the site);
- buildings, designed by a BTI engineer;
- an inspection report confirming the destruction of real estate (if);
- title document;
- a certificate confirming that the site belongs to one or another category of land;
- a certificate establishing the intended use of the land plot;
- an act indicating a change in the purpose of the structure.
The package of documents is provided in the form of originals. Employees make copies upon request. Documentation can be submitted in person to the MFC branch or to Rosreestr, or by post.
IMPORTANT! When submitting an application not by the owner, but by his legal representative, a power of attorney confirming such powers and a passport is required from a notary.
For an unfinished house
Features of filing an application for an unfinished house include the need to provide additional information. These include:
- an extract from the Unified State Register or another document giving the right to use the land;
- building permit;
- land survey plan with .
In case of unfinished construction, an official permit for the construction of buildings is required. If there is no building permit, the real estate is considered illegal and subject to demolition.
For a newly built house
Re-staging is a voluntary procedure, carried out by the owner in his own interests. The application requires a basic list of documentation and proof of the applicant's right to occupancy.
For other objects
According to Article 18 of Federal Law No. 218 When registering other objects with Rosreestr, the following documentation is required:
- property rights to the object;
- site survey plan;
- certificate of assignment of the site to the group of lands for its intended use;
- technical plan of structures.
IMPORTANT! Registration of rights in the cadastre is a paid service. Art. 333 Tax Code of the Russian Federation establishes a state duty in the amount of 2 thousand rubles. for real estate owners.
Deadlines for cadastral registration
The procedure takes no more than 20 working days. However, when submitting an application through the MFC, the waiting period for the result increases by 2–5 days. This is due to the fact that this institution is an intermediary between the population and government agencies. The multifunctional center submits the application to the cadastral chamber, where the property is directly registered.
You bought an apartment or received housing as social rent, bought a plot of land, you need to go through the mandatory state registration procedure. We will help you find out what documents the owner of the property right must present for cadastral registration. At the end of the registration process, you receive an official document that confirms your right and registration of real estate with Roskadastre. In this case, such a generally recognized document will be an extract from the Unified State Register of Real Estate. We will help you obtain a document from the State Cadastre, while our website provides a convenient scheme for ordering information in the public domain for any interested party.
What documents must be presented for cadastral registration?
Depending on the category of real estate, documents for cadastral registration are the same for all owners of property rights in Russia.Below is a list of certificates and documents that will be required to be presented to Roskadastre for state registration of real estate:
- Statement of the established form. In the application, you can indicate an additional service - state registration of real estate. Documents can be submitted both to Rosreestr and through the MFC “My Documents”. In addition, it is allowed to submit information to Rosreestr through the State Services portal or the personal account of the Rosreestr website.
- Identification document - citizen's passport.
- If you entrust the registration to a representative, you will need his passport and a power of attorney, which is notarized.
- Boundary plan for a land plot or technical housing plan. We order a certificate from the BTI.
- For shared property - agreement on shared participation.
- Documents directly related to property law - purchase and sale agreement, rental housing, lease of land, etc.
- If there are other title documents for the land, be sure to attach copies.
- If we change the category of land - information about the change in status.
- For newly commissioned housing, a certificate of commissioning of the facility.
- Other documents defining the characteristics of property rights.
- Receipt of payment of the state fee for the provision of registration services.
The procedure for conducting cadastral registration of real estate.
Cadastral registration is carried out in connection with the formation or creation of a property, the termination of its existence (deregistration) or a change in its unique characteristics (cadastral value, category of land, type of permitted use, etc.).
Deadlines. Registration or deregistration will take place within no more than 20 working days from the date the cadastral registration authority receives the relevant application and documents.
Payment. There is a state fee for registering a property. Without paying it, changes in the property, its separate part, the address of the copyright holder, or deregistration will be recorded.
Applicants. Cadastral registration is planned to be carried out at the request of the owners or their representatives in connection with the formation or creation of a real estate property, the termination of its existence or a change in both unique and other characteristics of the property. Moreover, representatives must have a notarized power of attorney (with the exception of legal representatives).
How to submit documents. To obtain a cadastral number, you should contact the cadastral registration authority. Moreover, the applicant can come to the institution himself, the sender of the application and documents by mail (with a list of attachments and with a receipt), or by means of electronic communication (in this case, the application must be certified by the electronic digital signature of the applicant or his representative).
The list of documents is established by Art. 22 of the Law “On the State Real Estate Cadastre” and includes:
1) a document confirming payment of the state duty;
2) boundary plan (when registering a land plot, registering a part of a land plot or cadastral registration in connection with a change in the unique characteristics of a land plot);
3) technical plan of a building, structure, premises or an unfinished construction site;
4) an inspection report confirming the termination of the existence of the property (when deregistering it);
5) a document confirming the relevant powers of the applicant’s representative (if the application is submitted by the applicant’s representative);
6) a copy of the document establishing or certifying the applicant’s right to the relevant property;
7) a copy of the document establishing the applicant’s ownership of the property, or confirming the established restriction (encumbrance) of real rights to such property in favor of the applicant.
8) A copy of a document confirming that the land plot belongs to a certain category of land;
9) A copy of the document confirming the established permitted use of the land;
10) A copy of the document confirming the change in the purpose of the building or premises.
Moreover, clause 4 of Art. 21 of the Law “On the State Real Estate Cadastre” establishes that the cadastral registration authority does not have the right to demand from the applicant or his representative documents that are not established by this standard.
What applicants will receive.
Citizens involved in real estate registration know that as a result of cadastral registration of a land plot, they receive a cadastral plan, and if it is a residential premises, then a technical passport of the BTI. According to the new law, the exact document that the cadastral registration authorities will issue depends on the actions taken during cadastral registration. The applicant must receive:
1) cadastral passport of the property - when registering the property;
2) a cadastral extract containing new information about the object - when taking into account the changes that have occurred;
3) a cadastral extract, which contains data on the part of the real estate object that is subject to the restriction (encumbrance) of real rights - when accounting for part of the real estate object;
4) a cadastral extract containing information about the termination of the existence of a property - when it is deregistered.
Cadastral activities (not cadastral registration!) will now be carried out by cadastral engineers with a valid qualified certificate. A citizen of the Russian Federation who has graduated from a secondary vocational education institution in one of the specialties determined by the regulatory body in the field of cadastral relations, or a graduate of a university that has state accreditation, can obtain a certificate of cadastral engineer. The cadastral engineer must not have an outstanding or unexpunged conviction for committing an intentional crime. He has the right to carry out his activities as an individual entrepreneur or an employee of a legal entity.
Cadastral work will be carried out on the basis of a contract. According to the said document, the cadastral engineer undertakes to carry out activities on the instructions of the customer and transfer to him the papers prepared as a result of these works, and the customer undertakes to accept these documents and pay for the work performed.
The cadastral engineer provides the customer with the following documents:
1) boundary plan (for submitting an application for registration of one or more land plots, for recording changes in a land plot or for registering one part of it);
2) technical plan (to provide an application for registration of a building, structure, premises or object of unfinished construction, for recording its changes or recording its parts);
3) inspection report (for submitting an application for deregistration of a building, structure, premises or unfinished construction site).
Cadastral engineers have the right to begin their activities as early as March 1, 2008. True, according to Law No. 221-FZ, until 2010, cadastral registers will, as before, be maintained by Rosnedvizhimost, and the exchange of buildings and premises by BTI.
Citizens who carried out cadastral or technical registration before the entry into force of the Law “On the State Real Estate Cadastre” or during the transition period of its application (March 1, 2008 to January 1, 2010) do not have to worry. It is recognized as legally valid, and the objects are considered real estate, recorded in accordance with Law No. 221-FZ.
Cadastral registration and registration of a property is established at the legislative level. When purchasing a country house, land or even a warehouse, an entry in the state register is required. What is this procedure?
Cadastral registration of real estate objects implies not only inclusion in the register, but also its full description, highlighting the differences. All types of real estate become accounting objects. The register includes all information about both the owner and the object.
At the end of the procedure, a cadastral number is assigned, and the owner receives a cadastral passport. In accordance with the law, cadastral registration is a mandatory procedure. For land it has been implemented since January 1, 2008, and for buildings since January 1, 2013.
Today, full ownership and disposal of real estate is impossible without proper registration. If the plot or house is not registered, it cannot be sold or donated.
Until 2018, data on cadastral registration and property rights were entered into different databases, which significantly complicated the process of registering real estate and registering property rights. The owners had to contact two independent government agencies.
Since 2018, registration has been carried out on the basis of Federal Law No. 218 “On State Registration of Real Estate”. This law combined the databases of the State Property Committee and the Unified State Register into a single database. Now owners only need to submit documents to Rosreestr.
Peculiarities
The issues of registration and registration of property are dealt with by the divisions of Rosreestr. To confirm the rights and guarantees of the owner of the property, a cadastral valuation is carried out. Accounting is required for the following types of objects:
- separate apartments and apartment buildings;
- commercial buildings of office and retail type;
- housing stock buildings;
- land plots for various purposes;
- separate rooms;
- underground structures.
The right to apply to Rosreestr belongs to the following categories:
- owners of plots and houses;
- a tenant if the contract is concluded for a period of 5 years or more;
- land users who have an indefinite right of use.
Other interested parties may also submit documents. They can be municipal or state authorities, government agencies and private companies.
Main stages
The procedure for registering real estate in the cadastral register requires a personal application from the owner. An application is submitted with a complete package of documents. Typically, property registration occurs simultaneously with registration. But it is possible to carry out cadastral registration without registering rights. This procedure is provided for cases when the owner changes, the basic properties of the object change, or existing rights are confirmed.
The application and package of documents are accepted through:
- territorial divisions of Rosreestr;
- website of State Services or Rosreestr;
In the latter case, documents are only accepted and transferred to Rosreestr for registration actions. In this case, the registration period increases slightly, since it takes time to send documents.
If you prefer a personal application, you can submit an application to any territorial department of the MFC or Rosreestr without reference to the area where the registration object is located.
The following sequence of actions is observed:
- Preparation of a package of documents.
- Payment of state duty.
- Submission of documents and receipts.
The main attention should be paid to the first stage, when the necessary documents are prepared. They are listed in Art. 18 Federal Law No. 218. When the documents are collected, an application of the established form and the owner’s civil passport are attached to them.
Before submitting documents, you must pay the state fee. The following fee is established:
- 2000 rubles for citizens;
- 22,000 rubles for organizations.
In cases where changes are only made, the duty is 200 rubles for citizens and 600 rubles for companies. One of the following documents is acceptable as proof of payment:
- a copy of the payment order;
- receipt;
When the package of documents is fully prepared, you must submit it along with the application. This can be done through online services, in person or through a trusted representative. In the latter case, you will additionally need a passport of the authorized person and a notarized power of attorney. The employee will check the documents and issue a receipt indicating the date when you can come for the completed documents.
At the final stage, the applicant must appear at the appointed time to receive documents and an extract from the Unified State Register. The latter confirms the entry of the object into the register.
What documents are needed for cadastral registration in order to complete the procedure the first time? You will need the following:
- application of the established form;
- passport;
- notarized power of attorney, if documents are submitted by an authorized person;
- land survey plan for registration of plots;
- document-basis of ownership;
- technical construction plan;
- documents confirming the category of the site and the type of permitted use.
A contract of purchase and sale, gift or exchange can be used as a document confirming the rights to property. A court decision, a certificate of privatization or the right to inheritance is also provided. The application is submitted upon application by an employee of Rosreestr or MFC.
If the owner is a minor, the documents must be submitted by a legal representative. Parents or guardians act as legal representatives. Additionally, you must provide the following:
- passport of the legal representative;
- birth certificate for children under 14 years of age;
- child’s passport if he is 14 years old.
All documents are provided in originals. The employee will make the necessary copies of documents. The originals will be returned to you upon completion of the registration procedure.
Deadlines
According to Federal Law No. 218 “On State Registration of Real Estate,” the period for cadastral registration of a real estate property and registration of property is regulated quite strictly. Today, the time frame has decreased significantly:
- for cadastral registration - 5 days;
- for cadastral registration together with registration of rights - 10 days;
- for separate registration of rights - 7 days.
If the application is submitted through the MFC, the period increases by an average of 2-3 days. If the transaction is certified by a notary, it will take 3 days to register it. And when documents are received online, registration is carried out in one day.
The law increased the period for suspension of cadastral registration and registration of rights. Currently they have the following duration:
- up to 3 months by decision of the registrar;
- up to 6 months at the request of the parties.
Thus, the owner can simultaneously register ownership and register the object. To do this, you need to submit an application with a package of documents to the MFC or Rosreestr. When the established period expires, the owner will receive an extract from the Unified State Register.