Federal Law No. 218 introduced fundamental changes to the legislation regulating the procedure for registering rights and carrying out cadastral registration. Based on its provisions, a unified system for registering rights to real estate was established.
If previously registration required registering an object with the cadastral register (issuing a cadastral passport) and applying to Rosreestr (issuing a Certificate of Ownership), today the procedure has been simplified.
We propose to consider whether these documents are needed today, whether an extract from the Unified State Register of Real Estate replaces a cadastral passport, and how to significantly simplify the procedure for registering rights to Russian real estate.
- Receipt procedure
Contents and features of the cadastral passport
Cadastral passport - data previously contained in the State Real Estate Cadastre, presented in the form of an extract. Their receipt is required to register the right to objects and conduct transactions with it.
The content of the cadastral passport is determined by the object whose data is included in it:
| For the premises: | For land: |
|
|
Previously, the absence of a cadastral passport entailed the “invisibility” of a real estate property for public utilities, the passport office, and tax authorities. The owner could not count on government support and could not prove his rights to the plot.
Without a cadastral passport, it was impossible to register ownership of a plot or apartment, build a house or garage on the territory, or provide real estate as collateral when applying for a loan or credit.
USR and cadastral number are the same thing
Documents for a cadastral passport for a house and applications are accepted and processed within five working days. After receiving the documents, the applicant is given a receipt. The validity period of the cadastral passport is unlimited, but the cadastral value of objects is regularly reviewed.
And most importantly, thank you for your punctuality and pleasant service! Your specialists answered all our questions in the shortest possible time, described all the terms of cooperation and made profitable offers. Of course, we couldn't refuse. We will recommend you to all our partners and clients. Separately, we would like to note the possibility of a refund if there is no information on the real estate property. This is a very important opportunity for us, because up to 1000 real estate transactions per month go through our company. A functional website, reliability, convenience - all this is about your company. On behalf of the entire team, we would like to thank your company for your cooperation and recommend you to all potential clients. Here you can safely order an extract and receive it as soon as possible, without any unnecessary questions or problems.
How to obtain a cadastral passport?
To obtain a cadastral passport of the established form, which was in force previously, citizens applied to the Cadastral Chamber or a multifunctional center (MFC), filled out an application and paid the established fee.
The employee issued a receipt for the provision of information from the Rosreestr database indicating the date when the cadastral passport would be issued. Typically, the receipt time was 10-14 business days.
On the specified day, the citizen applied to the Cadastral Chamber or MFC, handed over a receipt and received a cadastral passport. The validity period of this document is not limited, but replacement was required in case of significant changes in information about the site or the owner.
Do previously issued cadastral passports and state registration certificates have legal force?
According to the new Federal Law-218, it is stated that all information issued earlier does not lose its legal significance if there is a principle of relevance on the day of the transaction. What does it mean? The Rosreestr database is updated, which means that when making a transaction we must provide only current information.
A previously issued cadastral passport has legal significance only at the time of receipt of information in the past. All data at the moment when making a transaction must be updated. At the same time, Federal Law-218 does not have a specific validity period for the issued real estate certificate from the Unified State Register of Real Estate. In essence, the document has the principle of perpetuity, but loses the principle of relevance.
- To complete any transaction, you only need to provide a current extract from the Unified State Register of Real Estate, which contains all the information on real estate at the moment.
- The law recommends updating an extract from the Unified State Register of Real Estate every 3-5 years, even if you have not had any changes in the characteristics of your property rights. Please note that there will definitely be changes during this period. Thus, according to the law, starting from 2021, the cadastral value of real estate will change once every five years, and, therefore, the data will change in the extract from the Unified State Register of Real Estate.
- By decision of the Presidium of the Supreme Court of the Russian Federation, the principle of relevance of information was clarified. All certificates must be valid for no more than 30 calendar days. During this period, the estate must complete all documents related to the real estate transaction.
Thus, old cadastral passports are not valid only when concluding a current real estate transaction.
Sections of the extract from the Unified State Register of Real Estate
An extract from the Unified State Register of Real Estate is a document containing information about the main characteristics and rights to a real estate property, which is located on the territory of the Russian Federation and was registered in the prescribed manner.
Contents of the extract from the Unified State Register of Real Estate (5 sections in total):
- exact address of the property,
- appointment,
- square,
- floor,
- Full name of the owner(s),
- indication of the shares of each copyright holder,
- restrictions and encumbrances (if any),
- cadastral number,
- cadastral value,
- apartment plan (land plot plan).
Attention! An extract from the Unified State Register of Real Estate about non-privatized real estate cannot be issued, since information about it is not contained in the database.
Cadastral documentation of buildings, structures, premises
The information contained in the registry service about buildings and structures can be useful not only when transferring ownership rights to them, but also if there is a need for redevelopment, change of purpose, etc.
Register passport of a building, structure...
The passport of buildings, structures and premises must contain the following information:
- purpose of use of the object (residential, non-residential);
- address data;
- characteristics of the number of floors (if we are talking about an apartment in an apartment building, then the floor number);
- type of building (apartment, house, industrial premises);
- cadastral number;
- date of the previous technical condition examination;
- cadastral valuation.
The passport must clearly depict the technical plan of the structure as a whole and the layout of its individual parts (drainage structures, etc.).
Register extract for a building, structure...
The cadastral extract from the register for such a property does not have a clearly established list of data that should be contained in it.
Such an extract is issued only at the request of the owners and other authorized persons. It indicates only the information requested for the object. If the register does not contain any information on such a property, then such a building is considered illegal and is subject to demolition in the manner prescribed by law. To prevent this from happening, it is necessary to take measures to legitimize the construction through the relevant authorized bodies or through the court.
What changes have occurred?
Since 2021, an extract from the Unified State Register of Real Estate has replaced the cadastral passport, which has changed the procedure for issuing title documents. If previously, when registering a cadastral register, it was necessary to obtain a cadastral passport, now there is no obligation to obtain one.
Federal Law No. 218 combined two procedures: cadastral registration and registration of property rights. Now the applicant, applying to Rosreestr, receives a cadastral extract containing the unique parameters of the object.
There has been a change in the immediate format of the cadastral passport. Previously, it consisted of 6 sections, but in the new extract from the Unified State Register of Real Estate, all information is located in 5 sections. Additionally, there is a schematic block (graphs, drawings and plans depending on the property).
Reasons for canceling a cadastral passport:
- Elimination of bureaucratic “barriers” during state registration.
The need for citizens to collect almost the same list of documents to perform different legal actions disappears.
- Significant time savings for individuals and legal entities.
Generalized information is issued in the form of one document in a shorter period of time: instead of 10-14 days - 3 days.
- Significant cost reduction.
There is no need to pay several state fees at once - for the registration of a cadastral passport and the preparation of an extract from the Unified State Register of Real Estate.
Cadastral documentation for the land plot
Land plots as an object of property and civil circulation have a special status, which means that information on them in the register differs from information on other real estate objects, which are buildings, structures, and premises.
Types of cadastral documentation of a land plot
Cadastral information about land plots began to be provided in a separate array of documents only recently. Until 2008, all information on the requested land plot was issued in a single package of documents called the “cadastral plan”. This package contained all the data on the land, including data on other real estate objects and the boundaries of the plot as a whole and its individual parts.
But in practice, only part of the information contained in the register plan of the territory was used, and therefore a decision was made to abolish the issuance of the cadastral plan. Instead, land owners can now request from the registry service:
- cadastral passport;
- cadastral extract.
The difference between them lies in the content. In general, we can say that such a property passport is part of an extract from the register. Most often, it is a passport that is requested.
Contents of the land plot passport
The cadastre passport is presented in the form of a document consisting of 4 main sections. These include:
- Section B1 – complete description of the object.
- B2 – graphic representation of the allotment on the site plan.
- B3 – allocated parts of the property (when they exist).
- B4 – image of the selected parts.
The basic description of land ownership includes size, address, value, registration number, etc. Such information is comprehensive and is not issued separately.
In other words, such a document is everything necessary for carrying out operations on the civil circulation of land ownership. That is, this information will be useful, for example, when a plot of land is sold or such real estate is transferred as collateral to third parties.
In addition, information from the register passport may be needed when registering rights to the corresponding plot of land. In this sense, a passport from the registry service is the only document that designates land as an individual object of ownership of real estate.
We recommend that you read:
Registration of a land plot for cadastral registration
Contents of an extract from the land registry service
A cadastral extract from the register contains expanded information about a particular plot. This document is presented in 6 sections, each of which is designated by the letters KV and a serial number. The initial four sections completely duplicate the information from the registry passport. But the last two sections, from the cadastral passport, provide information:
- On the boundaries of the corresponding plot - KV5.
- About turning points on property boundaries - KV6.
That is, a register extract differs from a property passport in that the second document indicates information about the boundaries of land ownership. This difference is perhaps the only one. And such information can be useful in extremely rare cases.
Such cases include:
- disputes about property boundaries with neighbors or government agencies;
- allocation of part of the site as a separate property;
- division of a plot into several parts when allocating a share from the common (shared) property;
- when resolving disputes in court, the object of which is the relevant site.
It is very difficult to determine an exact list of situations when such a document may be needed. Even just when selling a plot, a counterparty may request an extract from the registry service simply because the additional information indicated in it is important to him.
Lack of information about land in the cadastral service
In some situations, the cadastral service may not have enough information about the plot of land for which a passport or extract from the cadastre is requested.
Such cases include a request for information on a previously registered site, which is issued:
- for country house construction (garden partnerships, etc.);
- to carry out construction within the framework of cooperative construction;
- for the improvement of ownerless land.
The absence of certain information about an allotment that belongs to the category previously registered cannot serve as a justification for refusing to provide a passport for this allotment. Such plots are recognized as individually defined objects of legal ownership.
In this case, a cadastral extract is not issued, since no land survey has been carried out on the corresponding land holding, and the authorized service does not have information on the boundaries of such an allotment. In such a situation, it is necessary to carry out land surveying. Without this, it is impossible to carry out operations to allocate a part of a plot, divide a plot into equal parts, etc.
We recommend that you read:
How to reduce the cadastral value of a land plot
Registration of an extract from the Unified State Register of Real Estate via the Internet
Individuals and legal entities can issue an electronic extract from the Unified State Register of Real Estate in just 30 minutes using the online service “KTOTAM.PRO”. The document is issued at the request of copyright holders and other interested parties.
Online registration is an excellent choice for those who:
- doesn’t want to waste his free time standing in long lines and waiting for days for a document,
- strives to obtain 100% reliable information from official sources (Rosreestr databases),
- makes a choice in favor of ease of payment (various methods) and accessibility - the cost of the service is only 250 rubles.
To receive an extract from the Unified State Register of Real Estate using the KTOTAM.PRO portal, it is enough to indicate the exact address of the property or the cadastral number assigned to it. You can track the status of your order through your personal account.
Extract from the Unified State Register, what is it, why is it needed and how to get it
- filling out an application in Rosreestr or MFC and confirming it with the signature of the applicant. You must present your passport. If an extract is requested by a legal entity, a certificate of registration of the enterprise and the charter should be attached to the application;
- payment of duty;
- transferring documentation to the employee and receiving a receipt indicating the date of delivery of the paper;
- visiting the Rosreestr office and receiving a document after presenting a passport and receipt;
In addition, the provision of a certificate may be required when applying for a loan. In this situation, you need to clarify what period of validity of the document is specified in the requirements of a particular bank. Before submitting a package of documents with an extract from the Unified State Register, you need to make sure that it is up to date.
What is an extract from the Unified State Register used for in 2020?
An extract from the Unified State Register is used to document the presence (absence) of ownership of real estate (house, apartment, land, etc.). Used when making all transactions involving a transfer or change of rights.
Extract from the USRN:
- used as a legal document when carrying out various transactions;
- indicates the presence (absence) of a registered right or restriction on the object;
- used to check the legal “purity” of real estate before a transaction;
- allows you to obtain 100% reliable information about the technical characteristics of real estate.
An extract from the Unified State Register is required when applying for a loan in commercial banks, when notarizing actions, during purchase and sale transactions, etc.
How to change or make changes?
In some cases, the owner of a land plot may need to make changes to the information reflected in the extract from the Unified State Register (for example, when changing a surname, planning to erect a building on the land, etc.). In this case, you need to proceed as follows:
- Prepare the necessary documents (the specific list will depend on the situation).
- Submit an application for amendments.
- Pay the state fee.
- Submit a complete package of documents to Rosreestr (this can be done by personal application or through the MFC, notary, etc.).
- Wait until the end of the procedure and receive a corrected extract from the Unified State Register for the land plot.
Thus, an extract from the Unified State Register of Real Estate is an analogue of a cadastral passport, which was valid until January 1, 2021. Now this document (like the certificate from the Unified State Register) is no longer issued. To obtain up-to-date information about a land plot and its owner, you must order an extract from the Unified State Register of Real Estate.
Advantages and disadvantages of canceling a cadastral passport
Cancellation of cadastral passports:
| pros | Minuses |
|
|
Lawyers and realtors do not accept the cadastral passport, are they right?
Yes, in this case everyone will be right since your cadastral passport does not contain up-to-date data. For this reason, the question may be raised about the legal side of a transaction with property rights. If you claim that no one has done anything with your property over the years, no one will take into account the old cadastral passport. In this case, it is necessary to order a new extract from the Unified State Register of Real Estate, which will indicate the old data, even if it has never been changed.
Please note that in addition to the extract from the Unified State Register of Real Estate, there is a certificate of transfer of rights. In this document you can trace the entire “fate” of the apartment, from 1998 to the present day. If there were any changes to the status of the property, they will be reflected in this document. At the same time, along with an extract on the transfer of rights, you must always require an extract from the Unified State Register of Real Estate to complete a transaction. By the way, the transfer of rights statement is valid only for the secondary market. New buildings, as a newly formed object of law, do not have past information about the status of the property.
Is an extract from the Unified State Register a replacement for the cadastral
An extract from the Unified State Register today replaces the cadastral passport. It is a more informative document that will be used in real estate transactions in 2021 and subsequent years.
Despite the fact that previously received cadastral passports do not lose their validity, they are no longer issued, and their use in transactions is no longer encountered in practice.
Author: project Who Is There
4.5
55597
4
Rate this article
What did the document look like before and now?
The cadastral passport was in the form of paper consisting of 4 A4 sheets. As already indicated above, each form had its own name:
- IN 1.
- AT 2.
- AT 3.
- AT 4.
The text reflected in the cadastral passport was typed using technical means. Black ink color was used.
The appearance of the currently functioning extract from the Unified State Register depends on the format of its presentation. If we are talking about the paper version, then in this case these are A4 sheets filled in by hand with blue ink or the content is text typed on a computer.
In general, the form of an extract from the Unified State Register of Real Estate is clearly presented in Appendix No. 1 to Order No. 975 of the Ministry of Economic Development of the Russian Federation dated December 25, 2015. Like the cadastral passport, it also consists of several sheets. However, in this case the total number of sections is much larger. There are 10 of them in total (the design of one or another sheet depends on the property).
Where do you get an extract from the Unified State Register for an apartment?
- The number assigned to the object (cadastral or conditional).
- What the object is intended for, what it is called.
- Its area (exact).
- Address. Where is it located?
- Who owns it? The owner's details are indicated. Full name, share in real estate. For example, one third or half.
- What encumbrances are placed on the property? Are there any debts, in what amount, prohibitions or pledges and for how long. In whose favor the restrictions or encumbrances are established.
- If there are several owners, then the details of the share participation agreements are indicated.
- Information about existing claims, claims against real estate, and court decisions executed in relation to this property must be provided.
- About the rights of the owner. Information about the property at the time of the request.
- On the transfer of property rights. All property owners (former and current) are indicated. Provided to those persons who have the right to receive such information. For example, the owner, government agency, heir.
- About title documents for real estate, their content and nature.
- About those who requested information about the object. Such an extract can be obtained either by the owner himself or his representative.
- Certificate of incapacity or limitation thereof. Only a court can recognize a person as incompetent; accordingly, information about this circumstance is entered into the Register on the basis of a court decision. Such an extract is issued only on the basis of documented legal claims.
- Extended statement.
Does it make a difference which document to use?
It is impossible to answer unequivocally whether one document can replace another. On the one hand, yes, this is possible, since one is inextricably linked with the other. That is, if we are talking about a certain building or site that is not registered, then first they are registered, then the “paper” side follows.
First, a passport is issued, and on its basis they receive an extract (you can find out where you can order a cadastral extract and how to get it here). The need to update the passport is once every five years, the extract is updated whenever the owner of the property changes as a result of a particular transaction.
However, in the sense of confirming ownership of a particular object, there is a difference between the documents: a passport cannot replace a cadastral extract . And in general, it is not necessary to register this right with the Cadastral Chamber. A natural question may arise - maybe then it’s not needed for anything at all?
This is far from true. It’s a completely different matter if the question arose about notarization of agreements on transactions - say, a deed of gift. This is not necessary, the average person will say, and he will be right, but only partly.
Of course, this procedure is not mandatory, but many decide to play it safe, because the endorsement of the binding paper by a notary with an almost 100% guarantee means that it is impossible to cancel this transaction.
One of the mandatory documents that will be asked to be presented at the notary’s office will be the cadastral passport. You can’t do without it if you decide to insure your property or pledge it. When applying for a mortgage, your passport is included in the package of required documents , otherwise the loan will not only not be approved, but will not even be accepted for consideration.
It is also drawn up by the owner - or rather, at his request.
It is important to remember: registering an object is free, but you will have to pay for issuing a passport. A citizen requesting a passport from Rosreestr provides his general civil identity card, a notarized power of attorney (if required) and a receipt for payment of the state fee. Nothing more is required.
So it turns out that, to some extent, a cadastral extract and a passport are really one and the same thing and in some cases they are interchangeable. However, it should be remembered that these papers have different purposes and are issued as a result of different transactions.
