Why is it necessary to know whether a property is registered?
If you want to carry out a certain transaction, make sure that the object is registered. If there is no information about a building or land plot, it is impossible to complete a transaction. The presence of real estate in the cadastral register is checked not only by the owners, but also by potential buyers and tenants.
By verifying the presence of an object on the cadastral map, participants in the transaction can be convinced of the honesty and responsibility of the owner of the premises. If you do not check the availability of real estate on the register, disputes, misunderstandings with potential clients, or refusal of the parties to the transaction to purchase or lease may arise.
Services that will help solve similar issues
In accordance with paragraph 7 of Art. 1 Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” State cadastral registration of real estate - entering into the Unified State Register of Rights (USRN) information about real estate objects that confirm the existence of such an object or confirm the termination of its existence, as well as other information.
Due to the provisions of land legislation, information about the building, with the exception of information about its location on the land plot, must be indicated in the technical plan on the basis of the cadastral work submitted by the customer for a construction permit, design documentation of such real estate objects, if available, or a declaration about the property in the absence project documentation.
According to Part 4 of Article 8 of the Federal Law of December 29, 2004 N 191-FZ “On the Enforcement of the Town Planning Code of the Russian Federation”, permission to put the facility into operation is not required until March 1, 2018.
At the same time, the Town Planning Code of the Russian Federation (hereinafter referred to as the GRK) establishes a list of cases in which the issuance of a building permit is not required for the construction or reconstruction of real estate. Accordingly, in other cases not specified in the Civil Code, the issuance of such a document is required.
To register the cadastral register and register the ownership of an object, the following documents are required (Parts 1, 2, Article 14, Part 7, Article 70 of Law No. 218-FZ):
— application for cadastral registration and registration of property rights of the object;
— document of title to the land plot.
If the technical plan is placed in electronic storage, the identifying number of the technical plan can be indicated in the application. In this case, its presentation will not be required (Part 4, Article 20 of Law No. 218-FZ).
When submitting an application through a personal appeal, the applicant presents a passport, and his representative also presents a notarized power of attorney confirming his authority (Part 8 of Article 18 of Law 218-FZ).
Pay the state fee for registering ownership of an object in the amount of 350 rubles (Article 17 of Law No. 218-FZ).
State cadastral registration of real estate is carried out in connection with the termination of the existence of a real estate property, the rights to which are registered in the Unified State Register of Real Estate (Clause 3, Clause 3, Article 14 of the Federal Law “On State Registration of Real Estate”).
If the object is not registered in the cadastral register and information about it is not included in the Unified State Register of Real Estate, then there is nothing to “write off”.
You can demolish a property without involving additional government agencies, I repeat, which is not on the cadastral register! To clarify this information, it is recommended to order an extract from the Unified State Register of Real Estate at the address of the land plot
Reasons for seeking information
By making sure that the property is registered with the State Property Committee, you can ensure that you have the right to immediately carry out the following actions:
- Sale, exchange.
- Conclusion of a gift agreement.
- Transfer of inheritance by will.
- Obtaining a loan secured by real estate.
It is necessary to check the availability of real estate in the State Property Committee to comply with the legislation of the Russian Federation. The tax amount is calculated based on the cadastral value determined upon registration of real estate.
Attention! If a person is the owner of real estate that is not in the Rosreestr database, in 2021 he may be accused of failing to pay the full amount of taxes.
Verification methods
There are 2 main methods for checking the availability of real estate in the State Property Committee:
- Via the Internet on the Rosreestr website. On the map provided online, you can find any information of interest, including not only the presence of a registered property, but also legal information on it.
- By submitting a request to the MFC or the nearest branch of Rosreestr. The answer is issued in the form of an extract. The contents of this document depend on the type of real estate (apartment, house, cottage, plot of land).
When is it possible to refuse to provide information?
Refusal occurs in the following cases:
- location or other identification data is entered incorrectly;
- Incomplete or invalid information is indicated, which makes it impossible to find a specific object.
If the request is submitted by a person in person, if the information is refused, a document is drawn up indicating the reason. When viewing the data of interest through the portal of the registration authority, if false or incomplete information is entered, the request will be blocked.
Required documents for personal application
If you wish to contact the registration authority office in person, prepare documents for a specific property.
Take with you:
- technical plan;
- papers confirming ownership;
- passport or other document identifying the applicant.
You can find out whether a plot or building is registered in the cadastral register not only by visiting the cadastral chamber, but also through the MFC. It is advisable to make an appointment in advance to avoid long lines.
Employees will issue a special form for entering basic information. You should carefully fill out the fields in the document; an error of even one value is unacceptable; corrections are highly undesirable.
When submitting an application, you will need to pay a state fee : 750 rubles for individuals and 2200 rubles for legal entities if the extract is ordered in the form of a paper document and 300 rubles for individuals and 600 rubles for legal entities - if in electronic form.
Reference. The application is submitted along with a receipt for payment of the fee. You will have to wait about 5-7 days for a response. When a refusal to issue information is received, the applicant receives a corresponding notification. If the object you are looking for is registered, the employee will indicate its number.
More details about what documents are needed to register a property in the cadastral register and what the application form looks like can be found in this article.
According to the Civil Code, an unfinished construction object is classified as immovable property, just like finished objects. In order to become the legal owner and freely dispose of your property (sell, rent, give as a gift), you must register it in the cadastral register and register the right to the property.
This is done only within the framework of a single procedure, i.e. One application is submitted at once for both cadastral registration and registration of property rights. State cadastral registration and state registration of rights to an unfinished construction project are carried out on the basis of a technical plan and a title document for the land plot on which such a property is located. To do this, the following documents must be submitted to the registration authority: - application; — technical plan (which includes a construction permit or a notification to the developer about the planned construction of an individual housing construction project); — document of title to the land plot (if there is no information about the registered right in the Unified State Register of Real Estate). Preparation of a technical plan is the work of a cadastral engineer. (The state register of active cadastral engineers can be found on the Rosreestr website). When preparing a technical plan for an unfinished construction project, a mandatory condition is to indicate the main characteristics of the facility (designed area value) and the degree of readiness of the facility as a percentage. As a result of registration and registration actions, you will receive an extract from the Unified State Register of Real Estate, which will reflect the characteristics of the object, its cadastral number, as well as information about rights. Since January 2021, cadastral registration, the emergence and transfer of rights to a property are confirmed by an extract from the Unified State Register of Real Estate. After construction is completed, it will be necessary to again invite a cadastral engineer to draw up a technical plan for the completed facility. In technical terms, it will be necessary to register the cadastral number of the unfinished construction project. During the registration and registration actions in relation to the completed object, information about the original object (unfinished construction object) in the Unified State Register of Real Estate will become archival, and your completed house will have its own cadastral number and a new record of registration of rights. Currently, about 32 thousand unfinished construction objects located in the Krasnodar Territory are registered in the cadastral register.
How to find out via the Internet?
There are two ways to check the presence of an object in the cadastral register online.
Rosreestr website
Once you access the portal, you need to find background information on real estate. You can find out the information you are interested in on the site by entering:
- location of the property;
- conditional number.
In case of refusal by the service, you will have to contact Rosreestr.
By public card
To know whether an object is registered in the cadastral register using this method, follow these steps:
- Go to the Rosreestr website, open not the reference information, but directly the public cadastral map provided online.
- In the search box, enter the address of the site or building. If you don’t know the exact location, you can find the object by selecting the appropriate city, district, or street. When zooming, it is easy to find a specific house or apartment.
- Click on the object. Along with the cadastral number, other important legal information will also appear.
Required documents
If you need to obtain information by contacting Rosreestr or MFC, the applicant will need:
- Passport. Without this, the application will not be accepted.
- Statement of the established form. You can fill it out on site directly at Rosreestr or at the MFC. If necessary, the employee on duty will give all the necessary advice on what and where information needs to be provided.
- Receipt for payment for services.
The last one is worth special mention.
What to do if property data is missing?
If it turns out that the object is not registered, transactions on it are impossible. If an object is not registered, it is impossible to clarify its cadastral value, which can lead to problems with the tax authorities, since contributions are calculated incorrectly.
To solve the problem, collect a package of documents for real estate, take your passport and contact the cadastral chamber to register the plot or building. If additional documents are required, the service employee will immediately notify you.
Important! After registration, the object is assigned an individual number and additional legal information is entered. From this moment on, the owner is given the opportunity to make any transactions with real estate, as well as transfer it to inheritance.
We have also prepared information for you on how a property is removed from the cadastral register. Instructions have been provided for homeowners.
How to determine whether your property is registered in the cadastral register or not
When determining the registration of land plots, you will need the old conditional number, which appears in the certificate of ownership, or in the resolution on the allocation of the plot. There are some dates that you need to take into account. Until 1998, there was no unified state register of rights. After it appeared, this data began to be entered into the Unified State Register. If transactions were carried out with such plots since 1998, then 80% of the plot was put on cadastral registration.
When it is necessary to determine this information more precisely, it is necessary to submit a request containing the following information:
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