Declaration of real estate - instructions for filling - ConsultMill

The legislative framework

Federal Law on the so-called “dacha amnesty” of June 30. 2006, number 93, simplified procedures for registering real estate were introduced; from now on, buildings can be registered as property either according to the declaration provided or a cadastral plan drawn up by specialists.

But to legalize unauthorized construction, it is necessary to obtain preliminary permission for some objects to carry out construction work and put the object into operation. But with the introduction of new legislative acts, the procedure for registering ownership has now been significantly simplified, and there is no longer any need to submit permits.

To register an unauthorized construction, on the basis of clause 3 of Article 35 of Federal Law No. 123, a declaration is required for it, and a permit issued by the authorities to put the building into operation. If the land plot has already been registered in the cadastral register, then a certificate of ownership does not need to be submitted to Rosreestr.

Find out more about how to put a house into operation in this material:

The following must be attached to the declaration:

A real estate property indicated on the cadastral plan of the site that needs legalization;
A permit issued by local authorities to carry out construction work on a property.

sample declaration of real estate in MS Excel format.

Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law) provides the opportunity to register rights to real estate located on a plot of land intended for dacha farming or gardening (if for the construction or reconstruction of such a real estate property a construction permit is not required in accordance with the law), in a simplified manner, i.e. without carrying out cadastral registration of such an object, but only by submitting a Declaration of the real estate object when applying for state registration of rights.

The responsibility for filling out the Declaration rests with the copyright holder himself. In this case, the property described in the Declaration will be registered in the cadastral register with exactly those characteristics (type of object, wall material, area, number of floors, etc.) that were indicated by the copyright holder. The procedure for filling out the Declaration is determined by order of the Ministry of Economic Development of Russia dated November 3, 2009. No. 447 “On approval of the declaration form for real estate.”

The declaration is completed in relation to the following objects:

1) buildings - houses located on country and garden land plots (country and garden houses);

2) other auxiliary buildings (for example, a bathhouse, outbuilding);

3) structures (auxiliary facilities that are not a building) on garden, summer cottage plots or structures for the construction of which a permit is not required (for example, a cellar, a greenhouse);

4) buildings - garages on plots provided to citizens for purposes not related to business activities, including garden and dacha plots.

Not only citizens, but also legal entities, for example, those who own country houses, can declare these real estate objects.

The declaration is filled out in two copies for each property located on the site applied for registration of rights. For example, if there is a country house and a garage on the site, you must fill out two declarations for both objects.

Paragraph 1 of the Declaration indicates the address (location) of the object.

Paragraph 3 of the Declaration indicates the purpose of the object; if the property is a house or other building intended for permanent residence of citizens, the purpose is indicated as residential.

The declaration indicates the cadastral number of the land plot. As a general rule, in accordance with clause 2 of Article 25.3 of the Registration Law, registration of the right to an object is not allowed if information about the land plot on which it is located is not available in the State Property Committee. Exceptions are made for the following cases:

- the right to the specified land plot was previously registered in the manner prescribed by law;

- the specified land plot is intended for dacha farming or gardening and if the conclusion of the board of the relevant horticultural or dacha non-profit association is presented, confirming that the real estate object being created or created is located within the boundaries of the specified land plot;

- for the construction, reconstruction of the corresponding real estate object being created or created, a construction permit is not required in accordance with the legislation, or the specified land plot is intended for running personal subsidiary plots and if a conclusion from the local government body of the relevant settlement or urban district is presented, confirming that the created or created the real estate object is located within the boundaries of the specified land plot. The said conclusion is requested by the body carrying out state registration of rights from the relevant local government body, if such a conclusion is not submitted by the applicant independently.

However, indicating the cadastral number of the plot in the declaration is mandatory.

The area of a real estate property is defined as the sum of the internal dimensions of all premises included in its composition. If the purpose of a property (building) is indicated as residential, the total area does not include the area of loggias, balconies, verandas, and terraces. For a structure whose area cannot be calculated based on internal measurements, the building area (based on external measurements) is indicated. If the area (built-up area) of a structure cannot be calculated, paragraph 5.1 of the Declaration of Real Estate for such a structure is not completed. Clause 5.2 of the Declaration of Real Estate requires an indication of both the number of floors of the property and the underground number of floors.

Clause 5.4 of the Declaration “Material of external walls” is completed if the real estate object is a building.

Clause 5.5 of the Declaration indicates whether the facility is connected to utility networks and the type of connection (central or autonomous).

Paragraph 6 of the Declaration contains information about the copyright holder of the real estate property.

If there is common ownership, the declaration also includes information about joint ownership or shared ownership indicating the share in the right. If citizens apply for registration of common shared property, then in accordance with the rules for registration of common shared property, each of them must submit a declaration indicating their personal data and their share in the right.

The accuracy and completeness of the information is confirmed by the signature of the copyright holder. One original copy of the declaration remains with the registration authority, the second original is returned to the applicant after registration of ownership.

How to fill out a declaration

All values must be written in blue ink; only one value can be entered on each line. If the line does not need to be filled in, then a dash is added. If a mistake was made, it should be carefully crossed out and the correct information written at the top. Place your signature on the correction.

What must be reflected in the declaration?

Mailing address.
Type of construction: house, barn or outbuilding.
Purpose of the building: for living or as a utility room.
Total area of the building.
Characteristics of floors.
Cadastral number of the plot.

You should know that both individuals and legal entities can declare unauthorized buildings if the ownership of the land has already undergone registration of rights to the land plot.

All data about the constructed property must be described accurately; data from the cadastral plan can be used. If it is missing, then they order cadastral work at their own expense. Without this, it will be impossible to register ownership of such a structure. Important: if construction was completed in 2014, then the declaration must be submitted only in 2015.

Filling Features

The form is filled out by the owner of the land plot on which the property is located, or his representative authorized to perform such an action by proxy. This is indicated in clause 2 of the requirements, which is Appendix No. 4 to the Order of the Ministry of Economic Development. The declaration must be filled out strictly in accordance with them.

Two types of filling are allowed:

electronic;
on paper (both with and without the use of a computer).

All fields must be filled out in Russian, except for cases specifically provided for by law. The numbers used are Arabic.

Basically, the requirements for the declaration of real estate in 2020 relate to the preparation of details.

The forms include the following details and data about the building or structure:

type, purpose and name. The first two must be selected from the list provided by checking the box. In the column “Purpose of the structure”, “other structure” is indicated if there is no type of purpose corresponding to the actual purpose. The actual purpose of the structure is indicated in brackets. Note! When registering a garden house, you must check the “non-residential” box: such a house is recognized as a building for temporary stay (Rosreestr Letter No. 14-07123 dated June 4, 2019/ [email protected] );
the address (clause 2 of the declaration) is filled in according to official documents on its assignment issued by municipal authorities. If there are none, the actual address is indicated in the “Other” line. If the plot is located in a gardening partnership, you must write its full name indicating the organizational and legal form;
the number of the cadastral quarter and the cadastral number of the plot are indicated if such information is available;
in the lines containing a description of the object (clause 5), checkboxes are placed opposite the values that determine its characteristics; data is indicated based on visual observation and other data;
in paragraph 6, full name is indicated. and SNILS of the copyright holder, in the absence of the latter: details of the identity document and residential address;
information about the representative (clause 7) is filled in, if there is one, in the same way as information about the copyright holder;
at the end (paragraphs 8-11) documents confirming and certifying the applicant’s right to the land plot are indicated: name, number and date, copies of them are attached to the form.

If one sheet is missing, information can be transferred to the second. In paper form, the document is stitched, and a signature is placed on the firmware. Two copies are printed.

Instructions

Rosreestr accepts declarations based on correctly executed documents for the site itself. You can register a building even on the basis of a lease agreement, but only on the condition that the construction has already been completed and put into operation, which is managed by the Inventory Bureau. An important condition is to correctly fill out the text of the declaration: without erasures or corrections, in printed rather than capitalized text.

The main stages of registering ownership of a summer cottage:

You can submit a document for registration of ownership rights only for one piece of real estate, describing in detail:

Detailed location of the building, which constituent entity of the Russian Federation it belongs to.
Exact description of the type: for year-round or summer use, summer construction or intended for use all year round, type of use: for household or other needs.
Cadastral registration data: plot number.
The largest and most voluminous subsection describes the characteristics of the building, what communications are laid, what building material it is built from, how many floors and whether there is a basement. The declaration form itself already has all the data, you just need to mark it correctly.
Then they describe the data about the owner of the constructed building, where he is registered permanently or temporarily, and the data from his civil passport. If there are several owners, then provide information about all of them, indicating their share.
Sign and date the form.

It is worth remembering that by submitting such a document to register property rights, a citizen thereby confirms the data specified in the declaration.

If the data is unreliable, the owner may be subject to administrative punishment.

After registration, all documents will be transferred to the cadastral chamber for registration.

Procedure for filling out the declaration

The document is prepared by both a legal entity and an individual. All fields of the declaration must be filled out in block letters using a black or blue ballpoint pen; a printed version of the document is allowed. The document is filled out in 2 copies, you must indicate the cadastral number of the land plot, after filling out the declaration, the building is assigned a new cadastral number. If the building has shared participation, we indicate in the declaration the exact share of each owner. In addition, Rosreestr will require you to clarify what type of building you have on your summer cottage - individual housing construction or temporary buildings. If an object is recognized as an individual housing construction, there are a number of requirements and restrictions for further registration of rights. If individual housing construction is recognized as a place of permanent residence, registration at the place of registration for the owner is allowed, but in this case you can undergo a dacha amnesty if you managed to fulfill a number of requirements for individual housing construction before March 1, 2021. In this case, even if you have not built a public housing complex, but have permits for construction, you can use the principles of the “dacha amnesty.” Documents for the right to a building received after March 1, 2021 must be drawn up on a general basis.

Stages of registration

How to correctly fill out a declaration on a real estate property? Detailed instructions on the procedure for completing all sections of the document, as well as a sample form for a declaration of real estate, can be found on our website. Also, similar information is available on the official Internet portal of the Rosreestr service.

The declaration of real estate, which describes the property, must be based on the technical characteristics of the building, which the declarant must independently measure and indicate.

To do this you need to do the following:

measure the height, length and width of the building,
calculate the area of the building,
provide quality characteristics of walls, roofs, foundations and other structures inside the building.

All received data is entered into the appropriate section of the document, and its accuracy is confirmed by the signature of the document submitter.

Since there may be several structures on the site that are subject to declaration, a separate declaration form must be submitted for each building. When filling them out, similar information about the plot of land on which the buildings are located will be indicated.

Filling out the form can be done using computer technology or by hand. If the document contains several separate sheets, they must be stapled and bound by the applicant.

Filing a declaration on the characteristics of the property

According to the Order, the Declaration is submitted by legal entities and individuals in cases provided for by Federal Law No. 237-FZ dated 07/03/2020 “On State Cadastral Valuation”. The declaration is subject to consideration by a budgetary institution vested with powers related to the determination of cadastral value, created by a constituent entity of the Russian Federation. On the territory of the Chuvash Republic, the authority to conduct state cadastral valuation of real estate is vested in the Chuvashtekhinventarization BU of the Chuvash Republic Ministry of Justice.

The total period for consideration of the declaration, according to the Order, is 20 working days from the date of registration of the received declaration at the budgetary institution. If a declaration is submitted by a person who is not the owner of the property in respect of which the declaration is being submitted, the budgetary institution within 5 working days from the date of registration of the declaration notifies the owner of the property about the receipt of the declaration.

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Laws of the Russian Federation on this issue

Since January 2021, the requirement to submit a declaration when conducting cadastral registration and registration actions is contained in Federal Law No. 218-FZ.

This federal act establishes simultaneous accounting and registration for newly created objects, as well as real estate, the rights to which have not previously been registered.

Declarations on a real estate property and an example of filling out a declaration on a real estate property are regulated by Order of the Ministry of Economic Development of the Russian Federation No. 447.

It is in accordance with this document that information must be submitted to the Rosreestr authorities. On the website www.rosreestr.ru the real estate declaration form is presented in the form approved by Order No. 447.

When filling out the declaration, you must comply with the requirements for the execution of individual sections of the document, which are regulated in detail on the website of the Rosreestr service.

Rosreestr: declaration of real estate

Rosreestr accepts declarations from individuals for the purpose of registering objects for cadastral registration and carrying out registration actions. Since the simplified declaration scheme does not require drawing up technical documentation for buildings, legal verification is carried out only in relation to the information declared by the citizen.

In accordance with the requirements of Federal Law No. 218-FZ, accounting and registration of buildings on the basis of the submitted declaration is carried out simultaneously, which allows citizens to avoid the lengthy procedure for carrying out cadastral work.

The main criterion during the inspection is to establish the legality of ownership of the land plot, as well as the compliance of the declared property with the list of buildings in respect of which registration is carried out in a simplified manner.

Based on the results of registration actions, information about the object will be entered into the Unified State Register, and in confirmation of this fact the applicant will receive an extract from the register. The cost of registration activities is 350 rubles, this state fee must be paid before submitting the declaration to the Rosreestr office.

Since the approval of the declaration form, the requirements for its content have changed several times. As of 2021, Rosreestr has updated the declaration form in connection with the entry into force of Law No. 218-FZ. There have been no fundamental changes in the sections of the document; the procedure for filling out separate information about the land plot and description of buildings has been clarified.

In what case is it necessary to submit a declaration on the characteristics of the property?

In order for the state cadastral valuation to take into account the actual characteristics of the property, which can significantly affect the value of the cadastral value, in the event of a discrepancy between the information contained in the Unified State Register and the actual data, it is necessary to make changes in the prescribed manner regarding the characteristics of the property in the Unified State Register.

In order to collect and process the information necessary to determine the cadastral value, copyright holders of real estate objects have the right to provide declarations on the characteristics of the relevant real estate objects no later than January 1 of the year in which the cadastral value is determined.