A certificate confirming the absence of a building on the plot is a document that will definitely be required to be presented during procedures related to the purchase or sale of a land plot, when registering it under a gift or exchange agreement, as well as if it is necessary to register inheritance rights for a land plot. A certificate must be provided if the contract documentation does not contain a clause proving the presence of a structure or building listed on the cadastre on the site in question.
What information is reflected in the certificate?
The document contains detailed information about the area of the land plot and its configuration, clearly states the grounds according to which the land belongs to the owner, indicates the absence of any types of buildings on the site (both residential and non-residential), and attaches details of the Unified State Register of Real Estate. If there are unauthorized buildings or structures on the territory of a land plot that are not officially registered in the Unified State Register of Real Estate, according to the law of the Russian Federation they must be reflected in the document.
What is included in the certificate and what does it look like?
If information about real estate is found in the registry, then ownership is registered with you. In this case, the certificate will look like an extract from the Unified State Register: the applicant’s data and information about the property will be indicated there. This is what it looks like:
If there is no real estate, then they will write in the certificate: “there is no information in the register” or simply put a dash in it. This will be a certificate confirming the absence of real estate ownership.
A certificate of absence and an extract from the Unified State Register of Real Estate are very similar to each other. Actually, this is logical, because we are talking about the same registry and the subject of the request is also the same. The main difference will only be in the information that is indicated there. Thus, the EGRN extract will indicate the form of ownership, type of real estate, information about encumbrances if there are any and a note about their absence if there are none. But the certificate will only indicate the applicant’s full name and a note indicating whether he has something or not.
What documents are needed to obtain a certificate of absence of buildings?
When contacting an organization involved in the preparation of such documentation, the applicant will be required to collect and provide a list of certain documents:
- application for a certificate;
- passport;
- documentation confirming the right to own the plot (certificate of inheritance, property rights, will, gift agreement, etc.).
If the applicant acts as a representative of another person, a notarized power of attorney confirming this right will be required.
How to get a certificate
To prepare the document, a physical inspection is carried out: a cadastral engineer goes to the site to verify the actual presence of buildings on the territory of the land plot with the information available in Rosreestr. The certificate contains the following information:
- exact address of the land plot;
- cadastral number in accordance with the USRN data;
- land area;
- presence or absence of buildings.
Engineering work to verify the actual condition of the site is carried out by both public and private BTI services. Commercial companies must have the appropriate licenses and permits to conduct engineering activities regarding the inventory of buildings. To submit a request to call an engineer and prepare a certificate, you must provide the following documents:
- application for a certificate;
- copy of passport;
- a copy of the certificate from the Unified State Register of Real Estate;
- a copy of the purchase and sale agreement, title deed or other title document.
Also, if the applicant is acting on behalf of the legal owner of the site, it is necessary to provide a notarized power of attorney.
A certificate of the absence of illegally erected buildings is issued only if the actual condition of the site (presence or absence of buildings) corresponds to the information available in the State Register. If there are buildings on the site that have not been registered, they must be registered as property and the relevant data must be entered into the Unified State Register of Real Estate. The period for preparing a certificate is approximately up to a month if we are talking about a state organization (in rare cases, the preparation of a certificate takes 5-10 days).
When an engineer conducts a natural inspection, the document records all buildings that are actually absent from those listed in the Unified State Register of Real Estate, as well as buildings whose information is not reflected in Rosreestr.
We advise you to read: Linking a building to a land plot
Advantages of contacting our company
competently resolve the issue related to the registration and issuance of a certificate of absence of buildings on the land plot. Certified specialists will take into account all the subtleties of the procedure, fully relying on the legal aspects of the legislation.
By contacting the Cadastral Center, you can count on:
- attentive attitude of employees to your situation;
- perfect compliance with deadlines that are optimally convenient for the client;
- scrupulous approach to compliance with legal nuances;
- reasonable price for the service without hidden extra charges.
The competent specialists of the Cadastral Center invariably adhere to their professional credo: every client should be confident in an exceptionally comfortable cooperation with our company and compliance with the legal framework. Contact us if you value a truly trusting relationship with a responsible partner, we work conscientiously and will definitely never let you down.
What kind of certificate is this?
A certificate of absence or availability of real estate is an extract from the Unified State Register of Real Estate, EGRN. Previously, this register was called the Unified State Register, so in some sources you can find a different name for the document: “certificate from the Unified State Register on the absence (presence) of real estate ownership.”
The certificate indicates whether you own real estate. Information about this is taken from the regional register, if information about a specific city (town, village, region) is needed, or from the all-Russian register, when information is needed within the Russian Federation.
What documents will be needed
If you are applying for an extract for yourself, you will only need a basic set of documents. If you are registering for another person, prepare a power of attorney certified by a notary.
Basic documents for obtaining the service:
- passport;
- receipt of payment of state duty;
- a completed application for the provision of services (if you apply through the MFC).
Additional documents:
- marriage certificate (if the joint property of the spouses is verified);
- if you changed your last name, first name or patronymic, provide documents confirming their change.
Timing and cost
Since the document is necessary with the most up-to-date representation of the situation, it is recommended to leave this preparation point for the last time, before directly contacting the authorities.
When planning to submit a request, pay attention to the processing time of the application - up to 5 days pass from the moment of the visit or sending the application electronically, excluding holidays and weekends.
Sometimes, during the processing of a request, questions arise from the registering organization. To eliminate the risk of errors or denial of processing, it is recommended that you schedule an in-person visit.
The production of a document is a paid procedure that requires additional payment of a fee. Certificates for individuals are cheaper.
What is a certificate of ownership
Real estate transactions that involve the transfer of rights from one person to another are subject to mandatory state registration.
Information about the transfer of ownership and the current owner of the property is contained in the Unified State Register of Real Estate. This is necessary for many purposes: control and accounting of citizens’ real estate, resolving issues about the legality of transactions, certification of property rights, and so on. A certificate of ownership of real estate is an extract from the Unified State Register of Real Estate on the rights of an individual to the real estate he or she owns. This is a document containing information about the presence/absence of real estate owned by a citizen.
The provision of extracts to citizens is regulated by Federal Law FZ-218 of July 13, 2015. Data is provided by Rosreestr (Federal Service for State Registration, Cadastre and Cartography) at the citizen’s own request.
What information does it contain?
The document contains the number and date on the basis of which it was entered into the register. The certificate itself has the same form, regardless of how it was compiled. It is drawn up by the responsible person who affixes the seal and signature of the regulatory authority.
It is printed on A4 sheet and contains the following information:
- location of the object;
- number of square meters and type of purpose of the property;
- cadastral number;
- information about the owner (passport and identity data);
- information about the absence of restrictions on the transaction.
Why is such a certificate needed?
Such a certificate has no limitation period. However, if some kind of real estate transaction is planned in the near future, then it is better to update the certificate. The old document, which was issued to the owners before the adoption of the new law, will also be valid.
Such a document is required in the following cases:
- carrying out transactions related to purchase and sale;
- in cases related to obtaining a loan;
- the owner plans to exchange or donate the property;
- a citizen receives or transfers an inheritance;
- cases related to litigation;
- land surveying procedure;
- actions to divide ownership shares;
- a certificate will be needed if a mortgage is issued that involves government support;
- the property owner is a participant in some government program.
Which registers store information about real estate?
From January 1, 2021, after the unification of the Unified State Register of Rights to Real Estate and Transactions with It (USRP) with the State Real Estate Cadastre (GKN) into a single information resource, all information about rights to real estate registered after January 31, 1998, and all cadastral information is stored in the Unified State Register of Real Estate (USRN).
Such information can only be confirmed by an extract from the Unified State Register of Real Estate. You can get it anywhere in Russia in relation to any property located in the country. Certificates of ownership of real estate and cadastral passports, which were previously issued on paper, have been cancelled. Instead, you now need to receive an extract from the Unified State Register of Real Estate about the main characteristics of the property and the rights registered to it.
Information on rights to housing assets registered before January 31, 1998 is stored in the registers of executive authorities of those settlements in which real estate assets are located. In Moscow this is the Department of City Property (DGI).
Important!
Description of the service - A certificate about the presence or absence of buildings on a land plot is required, as a rule, when registering a land plot, including the transfer, change or termination of rights to a land plot. To prepare a certificate, it is necessary to conduct a field survey of the land plot by a BTI employee. During the survey, the location of the boundaries of the land plot is determined on the ground and a visual inspection of the territory of the site is carried out.
Procedure for obtaining a certificate
To obtain a certificate, you must contact the BTI at your place of residence. The basis for issuance is an application and the following package of papers:
- passport;
- if a representative of a citizen applies - a power of attorney;
- if the certificate is requested by the parents or adoptive parents of a minor - a birth or adoption certificate;
- if a citizen is registered in marriage - a marriage certificate (for the registrar to check the data on the applicant’s other surname);
- when considering issues related to inheritance - a document on the right to inheritance (when an heir requests a certificate, he must provide a document that confirms his authority as a legal heir. Such confirmation may be a certificate issued by the Tax Code);
- a payment document indicating payment for the organization’s services.
These documents must be submitted in originals, from which the employee makes photocopies and enters them into the registration file.
In addition to citizens personally contacting the BTI, there is also the opportunity to receive a certificate by mail. To do this, you need to create a request and send it to the address of a specific BTI. Attached to the request:
- an application containing a request for the issuance of a certificate addressed to the head of the territorial office of Rosreestr (it also indicates the postal address of receipt);
- photocopy of passport;
- a photocopy of the birth or adoption certificate (when requesting a certificate on behalf of a minor);
- photocopy of the marriage certificate;
- photocopy of the power of attorney (if requested on behalf of a representative);
- document confirming payment for services (original).
If at least one document is missing from the specified list, the procedure for obtaining a certificate becomes impossible.
Certificate of absence of registered persons in the apartment sample
Validity period There are no legal restrictions on the validity period of the certificate. However, it is generally accepted that this document is valid for 30 days from the date of receipt. Please note that some organizations require a certificate with a period of 10-14 days.
In this case, it is better to take care of its availability in advance.
Certificate of absence of persons registered in the apartment, sample
This is due to the fact that the information displayed by it is not permanent, and the document is often necessary to conclude transactions for the sale or exchange of real estate that are not protected from fraud.
The document does not lose its relevance for 30 days from the date of its issue.
If the certificate is needed at a later date, you need to resubmit the request and receive a new document. However, if the buyer of the property is required to provide a new form before the 30-day deadline, the seller must be prepared to comply. Otherwise, the deal may fall through because distrust will arise between the parties. Sample of filling out a certificate in form 9 In the event that the paper is needed for submission to a government agency, it is valid for an unlimited period. To obtain a certificate, you need to fill out a form in which you must indicate your full name, passport details, and the date the request was prepared.
If none of these persons is physically able to resolve this issue, you will have to seek help from any notary office so that its employees can issue a power of attorney to the official representative. In the future, he will be able to independently go to the local government agency, where a certificate of the number of registered ones will be issued .
Sample certificate of those registered in the apartment
For whatever purpose you need a certificate in Form 9, it must contain the following information:
- Full name of the person who applied for its extradition;
- a complete list of citizens registered at the address of a specific residential property, indicating their date of birth and degree of relationship with the owner of the property;
- information about the residential property.
Sample certificate of citizens registered in the apartment.
Before issuance, the certificate is assigned an individual number, which must match the number in the registration book.
In addition, the certificate must indicate the date of its issue.
Cost of services for issuing a certificate
The issue of the cost of a certificate from the BTI about the absence or availability of housing in the property is no less important. Prices for services for issuing certificates from territorial organizations of Rosreestr may vary. The cost of producing a certificate for one or two applicants ranges from 1000 rubles.
For each additional applicant, an additional payment is made, which is about 200 rubles. The amounts indicated in the price lists must be transferred to the bank account of the territorial structure. Payment is usually made on site at the cash desk or through special ATMs located in the building. You can also pay at your nearest bank branch.
Procedure for obtaining a certificate
The question of where to get a certificate of absence of real estate is asked by everyone who is faced with the need to carry out legally significant actions with real estate or the need to receive subsidies.
The registration of information about real estate is carried out by Rosreestr and the Bureau of Technical Inventory, so you should contact the territorial divisions of these government agencies to obtain such a certificate. Moreover, Rosreestr provides information about real estate objects registered after 1998.
To issue a certificate of real estate registered before 1998, you should contact the BTI. Information on real estate objects registered throughout Russia is contained in the Unified State Register of Rights to Real Estate and is provided to the applicant when applying to the Federal Service for State Registration, Cadastre and Cartography (Rosreestr).
What does a certificate of presence or absence of property look like - sample documents
Certificate of presence or absence of real estate may be different. The fact is that several organizations can issue a document - Rosreestr and BTI .
The standard document issued by the BTI contains general data.
The certificate will contain the following information:
- Cadastral number.
- Object location.
- Number, date and type of registration.
- Presence or absence of encumbrances.
- The name of the organization that issued the document.
When applying to the regional BTI, the certificate indicates only the real estate that is located in a specific area.
The certificate from the BTI looks like this:
If a citizen wishes to obtain information about an object in Rosreestr, MFC , then he will be given another certificate. It is an extract from the Unified State Register.
The document looks like this:
In fact, the form is different, but the essence of the certificates is the same - to inform about the important technical characteristics of the object.
Why do you need a certificate about the presence or absence of ownership in property, real estate - options
Any legal entity or individual can apply for a certificate of the presence/absence of property.
An important condition for applicants is the availability of title documentation; without it, the applicant may be denied a certificate.
A certificate of absence or availability of property may be needed in the following cases:
- When privatizing a property.
- When drawing up a mortgage loan agreement.
- To receive financial assistance, social benefits, benefits.
- When transferring ownership rights to another person.
- Upon termination of ownership rights to property in any situation.
- When registering an inheritance.
- When concluding a donation agreement.
- When dividing property.
- For marking the boundaries of a land plot.
- To provide information to judicial authorities.
Typically, a certificate is obtained upon concluding a purchase and sale transaction. Based on the certificate, the buyer will find out all the detailed information about the property, because the seller cannot always tell the truth about the presence of encumbrances.
In addition, a certificate from the Unified State Register is obtained when applying to a court when real estate is involved in a dispute.
In what cases may a certificate be required?
A document confirming that you are not the owner of real estate is most often required when concluding transactions related to housing. It is needed:
- When applying for a mortgage with government subsidies;
- When collecting debts, a certificate is sent to the bailiffs, confirming that you do not have another apartment, and you cannot be evicted from your only home;
- To register a plot of land or a house as a property;
- During legal proceedings regarding the division of real estate;
- Law enforcement agencies - in exceptional cases;
- To participate in government benefit programs. For example, when a person is recognized as low-income, to be placed on a waiting list for an apartment, for military personnel who have the right to receive free housing.
