Application form for deregistration of a property from the state cadastral register

How to remove a building from cadastral registration? Deregistration of a demolished house, non-residential building, or premises is possible if the actual existence of the object is lost. Such circumstances may arise as a result of destruction, demolition or dismantling of a building, division or combination of premises. Confirmation that the structure does not exist in kind is made by a cadastral engineer. For these purposes, an inspection report is drawn up and submitted to Rosreestr.

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Read the article on how to deregister real estate, what documents the owner will have to collect, and what time frame the procedure takes in Rosreestr.

What is deregistration of real estate

The registration of objects occurs by entering information into the state register of the Unified State Register of Real Estate. To do this, the copyright holder applies to Rosreestr with a boundary or technical plan, which will indicate the individual characteristics, boundaries and coordinates of the object. Registration is accompanied by the assignment of a unique cadastral number. It will remain with the building, premises or site for the entire period of their existence.

While the object exists in kind, information about it is available in the Unified State Register of Real Estate. If it is necessary to change the characteristics, it is necessary to go through registration again and make changes to the Unified State Register. In this case, the cadastral number does not change, and the building continues to be listed in the state register. Removal of a premises or building from cadastral registration is possible in the following cases:

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• making a decision by the copyright holder to dismantle or demolish a structure (for example, to build a new facility in its place);
• an order from state and municipal authorities for demolition (for example, due to an emergency condition, during the seizure of land);
• destruction of an object in emergency situations, natural disasters;
• when dividing an object into several new ones;
• when merging premises, when a new object is formed.

Removal from cadastral registration of an unauthorized building is possible according to instructions from the supervisory authority, or by a court decision. If the self-construction can be legalized, the owner is given time to carry out additional work and prepare documents. If violations are not eliminated, a decision on forced demolition is made.

Removal from the cadastre does not occur if the parameters or layout of the object change during work or repairs. For example, during reconstruction, you can completely change the layout and architecture of the building, add a floor, and change other parameters. At the same time, the object itself continues to exist in kind, so the changes made will be indicated in the state register.

Expert opinion. Parts of buildings and premises can be placed on temporary registration. This is usually necessary when renting out space without erecting structures and fences. After termination of the lease relationship, the part is deregistered automatically. If the contract is terminated early, you need to contact Rosreestr.

The survey report confirms that the property has lost its physical existence. After this, the object will be removed from the cadastral register.

Regulatory acts

All procedures related to the registration and deregistration of real estate are regulated by Law No. 218-FZ (). This regulation applies to all types of objects. The basis for contacting Rosreestr when registering an object is the technical plan. It is manufactured in accordance with Order of the Ministry of Economic Development No. 953 (). If the object ceases to exist, it can be deregistered in the Unified State Register of Real Estate on the basis of an inspection report. It is drawn up according to Order of the Ministry of Economic Development No. 861 ().

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The procedure for deregistration of a land plot upon application and court decision

The claim will be accepted only if the owner is unable to independently resolve the conditions set by Rosreestr . For example, if the missing document can be brought and the application can be submitted again, this is not the competence of the court, but a legitimate requirement of a Rosreestr specialist. But if the request of the registration authority violated the rights of the owner of the land plot by unlawful refusal, or the missing document cannot be restored, a claim must be filed in the district court at the location of the plot .

In other cases, during a personal visit, the application is accepted on a standard form on which information is entered as requested. Or the registrar himself draws up the application, handing it over to the applicant in finished form to verify the correctness of the drafting and certification with a personal signature.

Where to submit an application for deregistration of a property

You can deregister real estate in Rosreestr. This department maintains the state register of the Unified State Register of Real Estate and reviews applications and documents from owners. Also, documents for withdrawal can be submitted through MFC institutions, but the procedure itself will still take place in Rosreestr.

Rosreestr specialists do not inspect buildings and premises and do not go to the site. To obtain data on the loss of existence of an object, officials need a survey report. In order for an engineer to draw up the specified document, he must have a qualification certificate. A list of all specialists who have the right to draw up an act is available on the Rosreestr portal.

Expert commentary. Rosreestr will not consider certificates of demolition of a house drawn up by the owner himself. These documents can be presented to the cadastral engineer when concluding the contract. If demolition or dismantling is carried out by court order, documents and evidence are collected by the plaintiff. You can learn more about deregistration options from Smart Way consultants.

A project is also drawn up for the dismantling and demolition of the building. This is necessary to ensure work safety.

On deregistration of a land plot from cadastral registration

By the decision of the regional court.. March 2011, this decision came into force. In the Department of State Registration Service, Cadastre and Cartography in the region, primary registration records No. 50-50-dated January 2010 and later No. 50-50 dated, made in the Unified State Register of Rights to Real Estate and Transactions with It, as well as issued certificates on state registration of rights: K..No. .. and later S. - No. 50.. declared invalid.

On December 29, 2010, by a decision of the court of the Moscow Region in the case of September 30, 2010 (defendants - K.S. third party - Department of State Registration Service, Cadastre and Cartography for the Moscow Region), K.'s ownership of a land plot with an area of ​​1380 sq. .m cadastral number 50. located at the address. AAA. was declared invalid. The Donation Agreement for a land plot with an apartment was also declared invalid regarding the donation of a land plot with an area of ​​1380 square meters, cadastral number 50, concluded between K.. and S.

Procedure for deregistration

Below we will tell you how to remove real estate from the cadastral register. The procedure will differ for different types of objects, depending on the reasons and grounds for termination of existence. In any case, the extrajudicial procedure involves the preparation of an inspection report.

How to deregister a demolished building

You need to contact an engineer for a certificate when the structure no longer actually exists. Therefore, the preliminary stage will include:

• making a decision on the demolition or dismantling of an object (for example, this may be an act of an interdepartmental commission on a dilapidated building, an agreement of owners);
• carrying out construction work for dismantling or demolition (this may require permission from Gosstroynadzor, development of a project for demolition or dismantling);
• obtaining certificates, orders and other documents regarding the destruction of the building.

Rosreestr sample statement of claim for deregistration

I am the owner of a land plot with an area of ​​1000 (one thousand) sq.m. with cadastral number No. 02 located at the address: Moscow region, Odintsovo district, plot 01. The specified land plot belongs to me on the basis of a contract of sale (deed) of a land plot dated January 27, 2021, certified by a notary of the Odintsovo district of the Moscow region, registered with the Moscow regional registration chamber and Certificate of state registration of rights, forms series 50 AA number 0001, issued on August 23, 2021 by the Moscow Regional Registration Chamber, about which registration entry No. 00 was made in the Unified State Register of Rights to Real Estate and Transactions with It on August 23, 2021 -00.00-00.0000-000.1. When contacting the Federal State Institution “Cadastral Chamber of the Moscow Region” with an application to enter information about a previously registered land plot into the state real estate cadastre, I learned that the boundaries of adjacent plots No. 03 with cadastral No. 00:00:0000000:03 and No. 01 with cadastral number 00:00:0000000:01 are actually located on my land plot. I did not sign the act of coordinating boundaries with the owners of adjacent land plots. The area and boundaries of my land plot correspond to the land allotment (title) documents. I believe that the boundaries of adjacent plots No. 03 and No. 01 were established in violation of the established land use of the parties and do not comply with the land allotment (title) documents.

Appendix No. 3. Application form for deregistration of a property from the state cadastral register

At the first stage, they consult with an experienced lawyer about the withdrawal procedure in order to eliminate incorrect and useless actions. For example, you can seek an initial consultation with a specialist on our portal.

Documents for removing a house from cadastral registration in 2021

Removal of a house from the cadastral register during demolition occurs on the basis of an application from the owner. It must be submitted to the Rosreestr division at the location of the object, or to the MFC. The list of documents that are attached to the application may include:

• inspection report;
• the court's decision;
• applicant's passport;
• power of attorney for a representative;
• legal registration documents faces.

It is not necessary to submit an extract from the Unified State Register for the object, since Rosreestr will check this information independently. The application must indicate a cadastral number by which the building or premises can be identified. Our specialists will provide assistance in preparing documents and completing the procedure.

Grounds and procedure for removing a land plot from cadastral registration

1. Application for removal of a plot from cadastral registration. It is filled out in accordance with the sample provided at the exhibition stand in the Chamber or at the MFC in the amount of 1 piece. and is handed over to the person receiving the documents.
2. Applicant's passport (original).
3. Title documents for land plot. If the State Real Estate Cadastre does not have information about this plot, then the applicant must also provide a copy of the title document.

Grounds for deregistration from state registration

Another basis for excluding a site from the cadastre is a court decision that has entered into legal force. Quite often, such an act is required not in order to deregister a site on the grounds provided by law, but in order to abandon it due to non-use.

There are also factual reasons for termination of registration - those caused by certain events. To confirm them, the land owner submits an application to Rosreestr and attaches the relevant documents to it.

Deadline for deregistering a property from the cadastral register

According to Article 16 of Law No. 218-FZ, a house, non-residential building, or premises must be deregistered within 7 days. This period is counted from the moment of application to Rosreestr. If the applicant applies to the MFC, the procedure period is extended by another 2 days. The deadline for completing the act depends on the characteristics of the demolished structure. In most cases, Smart Way engineers will issue an act in 1-3 days.

How is a land plot removed from cadastral registration in 2021?

This usually happens if:

• the property is not registered with the territorial cadastral authority;
• the procedure is initiated by a person who does not have legal authority;
• documentation is not submitted properly;
• within 3 months after submitting the documents, errors found in them are not eliminated;
• land cannot be deregistered for objective reasons.

What documents are required to deregister?

Temporary status is removed from a land plot only after land surveying has been carried out and rights to it have been established and registered. The procedure must be carried out within a certain time frame, otherwise the site will become at the disposal of the state or local government.

The law defines the period for removal from cadastral registration - eighteen days. During this time, employees of the cadastral institution are required to respond to your request. After consideration and completion of all formalities, the owner of the building must receive one of three decisions:

For example, if one integral plot is divided into two for some reason, such actions should entail the deregistration of the plot in its original characteristics and the designation of two different parts. Moreover, each of these parts will already exist separately from the other and have its own established set of documents, which is required within the framework of compliance with laws and regulations.

List of useful documents

Documents for download:

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An interdepartmental commission will inspect the building to make a decision on its demolition and deregistration

Sample claim for deregistration of a land plot

Statement of claim for the removal of a claim for deregistration of a land plot from the cadastral registration of a land plot. The plaintiff, by right of ownership, owns an object of real estate - characteristics of the object (hereinafter - the building located at the address: enter the required one, which is partially located on land plot No. 1 belonging to him by right of ownership, with an area of ​​​​sq. M., with a cadastral number value, and partly on land that is municipal property, the name of the municipality. The building and land plot, with an area of ​​​​sq. M, were acquired by the Plaintiff as property under a purchase and sale agreement concluded on the date, month, year. The boundaries of land plot No. 1 were established in the manner prescribed by law were not registered for cadastral registration. During the survey it became clear that. The case on the claim for the removal of a land plot from cadastral registration was decided in the name of the Russian Federation on September 11, 2013 by the Sovetsky District Court of Krasnodar, consisting of: Presiding Officer: N.A. with Secretary: O .V. having examined in open court the case of Tamara Andreevna’s claim against the State Budgetary Institution FKP “Rosreestr” for the removal of a land plot from cadastral registration, he established: T.A. She filed a lawsuit against the defendant.

From Article 19 of the Federal Law of Personal Income Tax dated 28-FZ “On the State Land Cadastre in force before the city. To carry out state cadastral registration of land plots, state authorities, local government bodies, interested legal holders of land plots or persons authorized by legal holders of land plots file a lawsuit on the deregistration of a land plot from the bodies carrying out the activities of maintaining the state land cadastre, applications, title documents for land plots and land survey documents. We are a budget institution. The land plot on which the hospital buildings are located (previously it was in municipal ownership; at one time, for various reasons, it was divided into three plots. At the moment, because of this, we cannot register the rights to both part of the buildings and the land plot itself . We want to write a letter to the City Administration with a request to cancel information about land plots previously formed on the basis of orders of the head of the city. Do they have the right to refuse us? Question: 1625 from: Call now and get a preliminary consultation: -208 (3532), essentially regarding the question asked, we inform the following: In accordance with Article 45 of the Federal Law of the year Legal advice from a lawyer In accordance with Part 7 of Article 36 of the Land Code of the Russian Federation, the boundaries and dimensions of a land plot are determined taking into account the actually used area of ​​the land plot in accordance with the requirements of the land and town planning legislation.According to clause Part 2.Article 26 of the Federal Law “On the State Real Estate Cadastre”, cadastral registration is suspended if one of the boundaries of the land plot for which an application for cadastral registration is submitted, in accordance with cadastral information, crosses one of the boundaries another plot of land. District (city) court, lawyer: on the removal of a land plot from cadastral registration. Statement of claim, I am the owner of a land plot with an area of ​​1000 (one thousand) square meters. M. With cadastral number. From the city, the right to apply to the court with a demand for recognition of the right of municipal ownership of land shares recognized as unclaimed in accordance with the established procedure passed from the Committee to the local government bodies of a settlement or urban district; a claim for deregistration of a land plot

at the location of the land plot in shared ownership. Representative of the defendant Federal State Budgetary Institution “Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography.” Case, appeal ruling of the city of Astrakhan council “6” March 2013. The judicial panel filed a claim for deregistration of a land plot in civil cases of the Astrakhan Regional Court, consisting of: presiding officer: O.B. Sprygina, regional court judges: N.V. Korobchenko, S.N. Stus, with secretary L.K. Karimova. , having considered in open court on the report of judge N.V. Korobchenko, the case on the appeal of the defendant Vasily Mikhailovich Ezhov against the absentee decision of Sovetsky. Decision from the city On the removal of land plots from cadastral registrationDecision from the city On the removal of land plots from cadastral registration. In the name of the Russian Federation, April 29, 2013, Khomutovka village, Khomutovsky District Court of the Kursk Region, consisting of a presiding judge. Fedorova K.V. Under secretary Vitkova S.V. Having considered in open court a civil case based on Muzaleva’s claim. R.I. And Biryukova. To the Ruzsky District Court of the Moscow Region. Moscow region, Ruza, st. Sotsialisticheskaya, 25. Plaintiff: B.I., residing at: Defendant: S.N., residing at: Defendant: K.N. Registration address: Actual residence address: 3rd party: Federal State Institution “Cadastral Chamber” for the Moscow region. Registration address: 143026, Moscow region, Odintsovo district, r.p. Novoivanovskoe, st. Agrokhimikov, 6a. Statement of claim, Fr. The area of ​​the site when specified was 1070 sq. m. M. In the act of approving the boundaries of the land plot, Ezhova V.M. There is no indication of the coordination of the boundaries of the land plot with the adjacent land user Usanov O.G., there is no information about such coordination in the materials of the land management file, however, there is information about the imposition of a. Writing a deposit for an apartment purchase and sale transaction - A purchase and sale transaction for an apartment on the secondary market is a process in which two parties participate, the Seller and the Buyer, so we will consider the procedure for completing the transaction for each of the parties. For the Buyer: 1. The first part of the transaction is drawing up a preliminary agreement for the purchase and sale of an apartment with a deposit or advance payment. The advance is a refundable amount in case of termination of the transaction. There may not be a deposit.

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Our services and prices

If you need to deregister an object, contact ]Smart Way[/anchor]. We will ensure the preparation of the act in strict accordance with Order No. 861, and will help you quickly go through the procedure in Rosreestr. We also offer:

• consulting support on all issues in the field of cadastre and real estate;
• development of design documentation, including for the demolition of buildings, division and consolidation of objects;
• preparation of conclusions to legitimize unauthorized construction, which will avoid demolition.

Our company employs experienced engineers and designers who will carry out work of any complexity. Preliminary prices for services can be found in the table below.

conclusions

• Deregistration is permitted for a building that has lost its existence due to destruction, demolition, dismantling, division or amalgamation.
• The procedure for deregistration is regulated by Law No. 218-FZ.
• The main document for Rosreestr is the survey report, which will be drawn up by an engineer.

To go through the deregistration procedure, contact ]Smart Way[/anchor]. We will tell you more about the terms of cooperation during a free consultation.