Registration of rights based on a declaration of real estate

What is regulated by filling out the declaration, where to get the form

Previously, the declaration of real estate was filled out on the basis of Order No. 447 of the Ministry of Economic Development, the order became invalid, and a new declaration form appeared in its place.

In 2021, Order No. 953 of the Ministry of Economic Development dated December 18, 2015 is in force, which contains the declaration form itself (form) and the requirements for filling out the declaration.

A sample declaration is freely available (you can download the declaration form to fill out from the link above). The main thing is to fill out all the items (details) correctly.

What is a declaration and what is it for?

This declaration should not be confused with a tax return. They are completely different in appearance and tasks. This article will discuss the declaration that is necessary to prepare a technical plan for a building, premises or structure. There, the owner of the property declares its main characteristics and his rights. A declaration is not always needed. In addition to the declaration, there are 3 documents that serve as the basis for drawing up a technical plan:

Declaration form and how to fill it out

In this section we will focus on declarations for buildings and premises. Declarations for structures are a separate topic for conversation, since they contain many technical terms and expressions that only specialists can understand. We do not recommend filling out the construction declaration yourself. On the building and premises - opposite. There is nothing difficult to fill out. You just need to be a little smart.

At first glance, filling out the declaration is simple. The necessary data can be found in land documents, as well as in Rosreestr. If necessary, you can make it yourself. But this option is not always rational. If a mistake is made, it can lead to problems. It is likely that registration will be delayed. If incorrect data is identified, it is quite possible that an administrative penalty will be imposed on the owner.

Draw your attention to. It is prohibited to fill out the document freely. If you do not know whether you filled it out correctly, you should contact a specialist. Experienced specialists will assist in the correct preparation of this document.

Declaration of real estate. Some features

The law does not provide a precise definition of such a declaration. This is a document that is irrefutable proof of ownership of a particular object. There is no need to obtain any additional permission or develop a project. Example: in order to register an extension to a house or, for example, a garage, it is enough to fill out such a declaration. In this case, it becomes an element of technical documentation and is necessarily included in the Appendix.

You may be interested in:: Benefits for labor veterans in 2021 in Karelia

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.

Declaration form and how to fill it out

Download the declaration form (Word)

Filling out the Declaration for a building and premises are very similar. After downloading the declaration (button above), you can start filling it out. In the document itself, everything that needs to be filled out is indicated in red. The red text itself needs to be removed. Below are tips and recommendations on the main points that may raise questions.

An important rule is that all unfilled lines must be filled in with dashes “-“.
In paragraph 1.2, you decide for yourself whether your building belongs to residential or non-residential.
In paragraph 1.8 for the building it is better to write the name of the building, as it is - a barn, so a barn; garden house, so garden house. The same applies to premises - room, apartment, etc. There is no need to come up with a name for your garage like “Santa’s workshop” - there may be problems with registration.
It is better to take the location address from the Unified State Register of Real Estate (USRN) extract about the property. There is no need to insert anything unnecessary from yourself there.
In paragraph 5.1, fill in what you know. If you don't know, dash. The area of the building is not indicated in the declaration, since it is calculated by a cadastral engineer, and you cannot declare it yourself.
Next, in paragraph 6.1, fill out everything according to the real estate owner’s passport. SNILS is not required, but is highly desirable . But you can do the opposite - you fill out only SNILS without a passport.
If documents are prepared by a person by proxy, you must fill out clause 7.1. If not, there are dashes everywhere.
The most interesting thing is that in paragraphs 8 and 11 you need to indicate the details of the title documents. It's better to consult an engineer. Although in most cases the details of an extract from the Unified State Register are sufficient.
On the sixth page, do not forget to put 3 (three) signatures in paragraphs 9, 10 and after the date.
After directly filling out the declaration, you must attach paper copies or printouts of the documents specified in the appendix in clause 11.
The final stage of preparing the declaration comes down to stitching all the sheets together with thread or ribbon. On the last page, where the ends of the ribbon should dangle, you need to glue a piece of paper directly onto them with the inscription “stitched and numbered.” Next, indicate the number of sheets, date, full name and signature. You don't have to print anything. You can write everything by hand. Naturally, if you do not represent a legal entity, a seal is not needed.

Filling out the declaration form

After several revisions of the law on dacha amnesty, now many home owners can easily confirm their rights to all buildings using a simplified system. That is, you will not need to obtain permission for your buildings , but you will simply need to fill out a form with your own hand, which will be considered a declaration .

What must be filled in the declaration

IMPORTANT : if you do not have a cadastral passport , then you will not be able to use the declaration. The data entered in the cadastral passport is used when filling out the declaration. Moreover, together with the cadastral passport, the declaration is attached to the package of certificates for registering property.

You may be interested in:: What to do if you didn’t have time to get your child a trip to the sea from the state in December as a low-income family

21. The details “Title-establishing, title-certifying documents for a real estate property (land plot on which a building, structure, unfinished construction object is located)” indicate the names, numbers, dates of documents establishing and (or) certifying the right to a real estate object.

In this case, the Declaration of created real estate objects is drawn up and certified by the owner of the land plot on which the building, structure, or unfinished construction project is located. A declaration on ownerless real estate is drawn up and certified by the local government body (the authorized executive body of the federal cities of Moscow, St. Petersburg, Sevastopol) on the territory of which such real estate is located.

With changes and additions from:

in relation to the represented foreign legal entity - full name, country of registration (incorporation), registration number, date of registration, address (location) in the country of registration (incorporation), email address, as well as, if available, taxpayer identification number, main state registration number .

location(address);
Name;
square;
number of floors, including underground floors;
year of construction and commissioning;
external wall materials;
connection to utility networks;
cadastral numbers of the land plot and house.

The declaration is submitted to the Rosregistration authorities, and the object is registered only when there is already ownership of the land or the right to use it, which is confirmed by the relevant documents. The content of the declaration is a detailed description of the constructed object listing all its characteristics. It should be filled out in the prescribed manner and only accurate information should be included.

Registration of a share of an apartment for a child before divorce

You should know that filling out the declaration does not allow for corrections, erasures, etc. Now you can fill out and submit a declaration not only in paper form in duplicate, but also in electronic form, certified by the electronic digital signature of the applicant.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

The above-mentioned persons are given the right to register ownership not only of the land plot, but also of the buildings erected on its territory - the procedure is free of charge. Garden houses located on a plot of land on which it is permitted to engage in summer cottage construction and economic activities, gardening; Houses built on a plot of land for the intended purpose of individual housing construction; Buildings that were erected on land plots allocated for personal farming; Sheds, gazebos, garages, barns, blocks for household needs, which were erected on plots of dacha or garden purposes or areas allocated for personal subsidiary plots or individual housing construction; Other buildings and structures (houses), the construction of which does not imply obtaining an official building permit. If you fall into the category of listed objects that are subject to state registration of property rights, then they must meet the following requirement: their construction should have been carried out on land plots with the appropriate purpose. As we have already noted, starting from September 2006 and ending on December 31, 2021.

We fill out a declaration on the real estate property

If the enterprise is not one of the largest, transfers contributions strictly within one region and calculates tax only on book value, then, with the consent of the territorial inspectorate, reporting on separate OP and remote assets can be included in a general declaration and submitted to the Federal Tax Service where it is registered. head organization.

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.

You may be interested in:: Indexation of payments to Chernobyl victims in 2021

Filing a declaration on the characteristics of the property

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.

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

1. The procedure for considering a declaration on the characteristics of a real estate property (hereinafter referred to as the Declaration) and its form were approved by Order of the Ministry of Economic Development of Russia dated December 27, 2020 No. 846 “On approval of the Procedure for considering a declaration on the characteristics of a real estate property, including its form.”

the presence of errors, clerical errors, and incorrect corrections;
filling with a pencil or felt-tip pen;
the presence of serious damage to the completed sheets;
providing false data;
failure to provide required documents.

completed declaration in two copies;
paid receipt (you can download it on the official website of Rosreestr or receive it when you contact the nearest office);
documents for the land plot (if it is your property - a certificate of state registration, if it is in use or lease - the relevant agreements);
identification documents (your civil passport).

How to fill it out correctly

Almost every one of us at least once in our lives is faced with the construction of some kind of object, be it a residential building, utility room or garage. And now, after construction is completed, many naturally ask themselves the question: what next? Is it necessary to register a constructed object and what is the procedure? The answer is extremely simple - to officially register the object you have built, you just need to submit a corresponding declaration to the Russian Register.

The main advantage of a declaration of real estate is that it is not necessary to obtain an official permit for the construction of real estate. Documents permitting commissioning and construction projects are also not necessary for the construction to be recognized as legal.

Where to submit a declaration on a real estate property? An official form with completed fields is submitted to the regional branch of Rosreestr, which registers real estate: an individual cadastral number is issued, which is entered into the federal real estate register.

New rules for registering country houses

The fifth column indicates how many floors the building has, and the dimensions of its square area are indicated. The filler records the year the construction was completed, as well as whether gas, sewerage, water and electricity were connected to the structure.

What is needed to confirm legal rights to buildings for which a building permit has not previously been obtained? The best solution is to formalize it according to the declaration . To do this, upon receipt of a certificate of registration of rights, the declaration is attached to the technical documentation for construction.