Registration of an apartment building in the cadastral register: duration of the procedure with government agencies for residential premises, how to register the adjacent territory?

Registration of an apartment building in the cadastral register is a mandatory procedure required for every newly constructed residential building put into operation. Without its passage, the premises of the facility cannot be rented, sold or used in any other way. in Moscow offers to order cadastral registration of an apartment building in a short time, at a reasonable price and with a warranty.

When collaborating with us, you get an important advantage - reliability, due to the fact that the company's engineers have 15 years of experience in this field, including in government organizations (BTI, Rostekhinventarizatsiya and others). This minimizes the risk of errors and also allows you to resolve even complex controversial situations.

When and by whom is the procedure performed?

Registration of a residential apartment building with cadastral registration is necessary before it is put into operation and in most cases is carried out by the developer himself or by local authorities monitoring the progress of work. The procedure for carrying out this procedure and its conditions are determined by the provisions of the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ.

In some cases (for example, when the company managing the construction is declared bankrupt or refuses to fulfill its direct responsibilities), cadastral registration is possible by the residents themselves (shareholders) by going to court.

In both the first and second situations, not only all residential premises included in the apartment building are registered, but also:

non-residential (technical) premises;
auxiliary premises;
non-residential premises intended for general use;
parking spaces.

Paperwork

To register with the cadastral authority and put a new building (apartment building - MKD) into operation, the developer must contact the relevant authorities with an application and provide all documents for registration.

Documents are processed by government agencies or local governments (urban planning department). For registration, the developer is required to write an application, to which a package of documents is attached.

Documents for cadastral registration are drawn up in accordance with the requirements of government acts and forms. The list of required papers is specified in paragraph 3 of Article 55 of the Town Planning Code of the Russian Federation.

List of documents for registration of apartment buildings:

Statement.
Title documents for the object;
Construction permit;
Schemes of engineering and technical nature;
Documents – confirmation of the building’s compliance with the requirements and parameters;
Confirmation of the conclusion of an agreement on compulsory insurance of the owner’s liability for damage;
Description of the location of the boundaries of the security zone (list of coordinates);
Acceptance acts for the preservation of cultural heritage (Federal Law No. 73) - for restoration objects;
Technical plan of an apartment building (capital construction project).

The commission and employees of the urban planning department review the documentation and make a decision on putting the property into operation - the developer receives permission and the right to move in residents.

The permit is issued by the building supervision authority and allows the developer to put the house into operation based on compliance with all state requirements.

Prices and terms

Name of service	Cost, rub.	Deadline
Registration of an apartment building for cadastral registration	10 rub/m2	From 15 working days

The cost and timing of this procedure depend primarily on the number of floors of the building, the number of rooms and their total area - these factors directly affect the speed of geodetic measurements. In addition, the price of registering a constructed multi-apartment residential building for cadastral registration may be determined by other factors: for example, the need for legal support or correction of documentation in the event that government authorities refuse to register the property for one reason or another.

Sample technical plan for an apartment building

Deadlines: how long they set

The state local government body (urban planning department) accepts the application and package of documents from the developer, considers the case and issues a conclusion within 9-15 days. Afterwards, the case is submitted to Rosreestr, which, within 5 working days from the date of receipt of the application, enters information about the apartment building into the Unified State Register of Real Estate.

Thus, cadastral registration is carried out by a state body, and not by the developer himself. The cadastral registration procedure takes from 7 to 10 days.

Required documents

To begin the procedure for registering an apartment building for cadastral registration, the customer will need to provide the following package of documents:

registration documents of the organization ordering the service;
statement;
site plan;
permission to carry out construction;
certificates of acceptance of the house (including those confirming its compliance with the design documentation);
technical plan.

If you do not have any of these documents, we will help you obtain them in a short time.

How to register part of a residential building for cadastral registration?

The package of necessary documents is standard for all real estate, including residential buildings. Registration of part of a residential building for cadastral registration is also possible, but here you need to take into account some points. The fact is that when a residential building is divided, its part together with the existing auxiliary premises becomes property. It is this share that the new owner has the right to register and assign a cadastral number. It is also worth noting that when registering a share of a house, documents will be required that provide information about the agricultural plot where the building stands.

If the building is multi-apartment, then the apartment is considered property. In order to obtain a cadastral passport for a part of a residential building, which is simply a room, you need a cadastral engineer to make a technical plan. This document will need to be provided when registering a cadastral passport for the property.

Stages of registering an apartment building for cadastral registration

Registration of an apartment building for cadastral registration occurs in several stages, namely:

study by Bureau engineers of documentation provided by the customer;
carrying out geodetic measurements and as-built surveys to clarify the compliance of the object with the design values;
development of a technical plan (if there is none) and coordination of site boundaries;
submission of documents to Rosreestr;
obtaining documentation on electronic media confirming the fact that an apartment building has been registered in the cadastral register.

Registration of a plot of land under an apartment building for cadastral registration

So the wave of formation of compulsory medical insurance and cadastral registration of land plots under MKD has reached those outside Moscow. But as is customary, everyone’s boundaries are formed along the blind area of the house. In this connection, the question arose about possible applicants to the cadastral chamber.

Since clauses 4.5 of Art. 16 Federal Law of December 29, 2004 N 189-FZ “On the entry into force of the Housing Code of the Russian Federation”

"4. The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments.

5. From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects included in such a building are located passes free of charge into the common shared ownership of the owners of the premises in the apartment building.”

Letter of the Ministry of Economic Development of the Russian Federation dated December 29, 2010 N D23-5416

Currently, the legislation of the Russian Federation does not have a clear definition of the term “formation of a land plot”. Based on the requirements stipulated by the provisions of the Town Planning Code of the Russian Federation (hereinafter referred to as the Town Planning Code) and the Land Code of the Russian Federation (hereinafter referred to as the Land Code), the formation of a land plot for an apartment building includes:

1) preparation and approval of the territory planning project and the territory surveying project;

2) carrying out cadastral work in relation to the land plot in accordance with the requirements established by the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as Law N 221-FZ) and carrying out state cadastral registration of the land plot.

In accordance with the above, the local self-government body still has the right to submit documents for cadastral registration without any approval from the owners of the apartment buildings.

But in other way:

Art. 36 of the Housing Code and the Rules for the maintenance of common property in an apartment building, the owners of premises in an apartment building, by right of common shared ownership, among other property, own an adjacent land plot with elements of landscaping and landscaping, as well as other objects intended for the maintenance, operation and improvement of the apartment building , including transformer substations, heating points intended to serve one apartment building, collective parking lots, garages, children's and sports grounds located within the boundaries of the land plot on which the apartment building is located.

Part 4 art. 43 of the Town Planning Code of the Russian Federation establishes the size of a land plot, taking into account actual land use and town planning standards and rules that were in force during the development of these territories.

Also, the Federal Law “On Registration of Rights to Real Estate and Transactions with It” states that state registration of ownership of an apartment (room) is at the same time state registration of rights to common property in an apartment building, which includes a land plot.

The right to the common property of the house, which includes a land plot, arises by force of law, and not after state registration.

This rule is confirmed by letter of the Ministry of Finance of the Russian Federation dated May 17, 2006 N 03-06-02-02/65.

Those. it is clearly and clearly formulated that the site already has owners and these owners are the owners of the premises. It turns out that compulsory medical insurance has the right of operational management, whereas what about clause 1 of Article 296 of the Civil Code of the Russian Federation “dispose of this property with the consent of the owner.”

Article 20 “On the State Real Estate Cadastre” establishes applicants, but other persons are not excluded.

Your opinion is very interesting, gentlemen, lawyers! Can a compulsory health insurance company legally and without the consent of homeowners be applicants to the cadastral chamber?

Results of cooperation with us

After registering an apartment building with government agencies, the customer receives an extract from the Unified State Register of Real Estate (USRN), which records all the necessary information: cadastral number of the plot, address and number of the house, area occupied by it in the territory, category of land on which it is located, type use, as well as corner (turning) points in the coordinate system. This document can be provided both in paper and electronic form (at the client’s request - on a disk, flash card), certified with an enhanced digital signature.

Landmarking the local area of the house

Surveying an apartment building

Often, a plot of land located on the same territory as already built apartment buildings must be properly registered.
In this case, it is necessary to carry out geodetic and cadastral work to survey the adjacent territory of an apartment building.

The entire process from a request to the relevant authorities (DGI or KIO), depending on the region where work needs to be carried out, to registration is provided by our company.

Let's highlight the main stages when carrying out land surveying of the local area.

First, the site is surveyed directly, followed by the preparation of a plan.
Then the demarcated territory is registered with the State and a corresponding extract is provided.
Finally, the site is assigned to a specific address and its type of permitted use is established.

Let's look at all the points in more detail.

The content of the article:

What does surveying the local area and obtaining a plan consist of?

How to register a demarcated territory.

Assignment of types of permitted use.

What does land surveying and obtaining a plan consist of?

To begin with, a request is submitted to the DGI for a copy of the PPT and PMT (territory planning project and territory surveying project), or in general information about whether such a plan has been developed for the territory.

If there is a plan, then after the surveyor arrives and surveys the site, the cadastral engineer will prepare a boundary plan based on the PPT and PMT, but it must be remembered that copies of this document must be certified with the digital signature of the authority.

You can make a request for information about the availability of PPT and PMT on the mos.ru portal, relevant for Moscow, or at the KIO for St. Petersburg, or contact us - we can do it for you.

As a rule, at the first stage, the exact boundaries of the site are not known and the landowner only has an approximate diagram. To clarify the location of the boundaries, it is necessary to carry out a geodetic survey. For this purpose, the owner of the site orders a visit from a surveyor engineer.

Then it is necessary to clarify the boundaries of adjacent plots of land. This is necessary in order to coordinate the boundaries of the territory on which the apartment building is located with the other owners of neighboring plots.

When the boundaries are agreed upon, the cadastral specialist prepares documents in electronic form and certifies them with an electronic signature. It is necessary to make sure that the boundary plan contains information about the purpose of the building and provides a link to the Federal Law “On granting the right of common shared ownership to the land plot formed under an apartment building.”

Where to order MKD registration

To register an apartment building in Moscow or the Moscow region with cadastral registration, contact us by calling 8 (499) 34-793-34 or leaving a request online. We will answer all questions and advise on prices, terms and necessary documents.

The highly qualified staff of the Bureau helps our clients resolve complex problematic and controversial situations in which there is a serious risk of refusal to register a newly built house. Our team also has successful experience in challenging refusals by Rosreestr. We have our own geodetic equipment, which undergoes timely verification and allows us to reduce the cost of surveyor services, speed up surveying of the area and increase their accuracy.

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