The name of the property is one of its characteristics, which is entered into the Unified State Register of Real Estate as additional information. They are transferred to the USRN from the technical plan.
This characteristic is entered into the technical plan by the cadastral engineer on the basis of the design documentation of the building (structure) or the declaration of the property (Parts 8, 11 of Article 24 of the said Law). In what cases can the name of a building (structure) be changed? In practice, the name, as a rule, corresponds to the functional use of the building or structure (for example, an office building, a warehouse, a garage). Changing it may also entail the need to change the name. So: if a building (structure) was reconstructed, its use and name may change. In this case, in order to make changes to the Unified State Register of Real Estate, the body that issued the permit to put the facility into operation must, within five working days from the date of the decision, send to the rights registration authority an application for cadastral registration of changes with the necessary documents attached (Part 1 of Article 19 of the Law on state registration of real estate). If the authority fails to fulfill this obligation, we recommend that you independently contact Rosreestr with the specified application; the use of the building (structure) changes without changing its characteristics, and therefore you want to change its name. To date, the legislation does not provide an answer to the question of how to make changes to the Unified State Register of Real Estate in this case. We will tell you more about this, as well as what can be done in this situation, below. What difficulties may arise when changing the name of a building (structure) at the initiative of the owner The Ministry of Economic Development of Russia indicates that the Law on State Registration of Real Estate does not provide for rules on making changes to the name of a real estate property. This is due to the fact that the rules for assigning them to objects are not currently regulated. Indeed, formally today it is not possible to change the name of the object. As we said above, the name refers to additional information about the property. They can be changed on the basis of a decision (act) of a state authority or local government in the manner of interdepartmental interaction or in a notification procedure. However, information about changing the name of an object is not included among those that must be sent to Rosreestr as part of interdepartmental interaction. In addition, the name of the object is not indicated among the information that is entered into the Unified State Register of Real Estate under the notification procedure. How can you make changes to the Unified State Register of Real Estate by the name of a building (structure) based on your application? Taking into account the above, we recommend that you submit an application to the rights registration authority to make changes to the name of the building (structure). If changes are not made to the Unified State Register, contact the authorized government body or local government body. How to submit an application to the rights registration authority to make changes to the Unified State Register of Real Estate by the name of a real estate property. The application procedure for changing the name of an object in the Unified State Register of Real Estate is also not provided for by the Law on State Registration of Real Estate. However, there are examples of judicial acts where the court indicates this possibility. To make changes to the Unified State Register of Real Estate in this case, we recommend submitting to the rights registration authority: a completed application form, which is used for cadastral registration and (or) state registration of rights to real estate; documents on changing the name of the object if it belongs to the organization (for example, an order), as well as a power of attorney and other documents confirming the authority and identity of the representative. Before contacting Rosreestr in this manner, you can first check with the territorial authority whether it is possible to change the name of the object in this way in your case. If you receive a negative answer, then use our further recommendations. How to change the name of a building (structure) by decision of state authorities or local authorities As we have already said, additional information about the property can be changed in the Unified State Register, in particular, on the basis of an act of a state authority or local government in the manner of interdepartmental interaction. Therefore, we recommend that you contact a division of a state authority or local government (for example, an office, department) that deals with issues of architecture and urban planning to obtain a decision on changing the name of the object. You can check in advance whether it is possible to obtain such a decision and in what order. In practice, some authorities in this situation accommodate property owners halfway. They make and forward such decisions to Rosreestr in the manner of interdepartmental interaction, despite the fact that such an obligation for them is in Art. 32 of the said Law has not been established. In this case, a new name of the building (structure) is entered into the Unified State Register of Real Estate. To confirm changes have been made to the Unified State Register, you can request an extract from the Unified State Register. If the authority has decided to change the name of the object, but has not sent the act to Rosreestr, then we recommend that you contact Rosreestr yourself and submit an application for the entry of information into the Unified State Register by the interested party. Mark in it with a “V” the column “other information provided for by the legislation of the Russian Federation” and indicate the new name of the building. You can attach to your application a decision (act) to change the name of the property.
How to change the name of a building (structure) and make changes to the Unified State Register of Real Estate
#RosreestrKaliningrad#changes in information in the Unified State Register of Real Estate
The name of the property is one of its characteristics, which is entered into the Unified State Register of Real Estate as additional information. They are transferred to the USRN from the technical plan.
This characteristic is entered into the technical plan by the cadastral engineer on the basis of the design documentation of the building (structure) or the declaration of the property (Parts 8, 11 of Article 24 of the said Law).
In what cases can the name of a building (structure) be changed?
In practice, the name usually corresponds to the functional use of the building or structure (for example, office building, warehouse, garage). Changing it may also entail the need to change the name. So:
if a building (structure) is being reconstructed, its use and name may change.
In this case, in order to make changes to the Unified State Register of Real Estate, the body that issued the permit to put the facility into operation must, within five working days from the date of the decision, send to the rights registration authority an application for cadastral registration of changes with the necessary documents attached (Part 1 of Article 19 of the Law on state registration of real estate).
If the body fails to fulfill this obligation, you must independently contact Rosreestr with the specified application;
the use of the building (structure) changes without changing its characteristics, and therefore you want to change its name.
The Ministry of Economic Development of Russia indicates that the Law on State Registration of Real Estate does not provide for rules on making changes to the name of a real estate property. This is due to the fact that the rules for assigning them to objects are not currently regulated.
Indeed, formally today it is not possible to change the name of the object. As we said above, the name refers to additional information about the property. They can be changed on the basis of a decision (act) of a state authority or local government in the manner of interdepartmental interaction or in a notification procedure.
However, information about changing the name of an object is not included among those that must be sent to Rosreestr as part of interdepartmental interaction. In addition, the name of the object is not indicated among the information that is entered into the Unified State Register of Real Estate under the notification procedure.
Taking into account the above, it is necessary to submit an application to the rights registration authority to make changes to the name of the building (structure).
How to change the name of a property in the cadastre?
Contents Kunitsyn Overview of the document It is explained that information about a building or structure is indicated in the technical plan on the basis of a permit to put objects into operation, design documentation or a technical certificate of the object produced before January 1, 2013. In the absence of these documents - on the basis of the declaration of the copyright holder.
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Information about changing the name of an object is entered on the basis of the following documents. Permission to put an object into operation in the event of a change in name in connection with the reconstruction of the object, as well as a change in purpose in connection with reconstruction. Act of the authorized government agency in the event of a change in the name or name and purpose of an object not related to reconstruction.
The owner's decision in the case of a change of name, when reconstruction is not required and is not related to a change in purpose.
In accordance with paragraphs 9, 10, 11 of part 5 of Article 8 of Law No. 218-FZ, additional information is entered into the Unified State Register of Real Estate, including information about the purpose of the building (non-residential, residential, apartment building, residential building), if the property is a building; on the purpose of the premises (residential, non-residential), if the property is a premises; on the name of the building, if such a name exists. At the same time, at the request of the owner of the property during state cadastral registration, only basic information about the property can be changed, which does not include the purpose of the building, premises, as well as the name of the building.
By letter of the Federal Service for State Registration, Cadastre and Cartography dated June 4, 2021.
No. / [email protected] clarified the issue regarding changes in the Unified State Register of Real Estate (hereinafter referred to as the Unified State Register of Real Estate) information about the purpose of buildings. 1. On changes in the Unified State Register of Information about the purpose of buildings.
In accordance with Article 54 of the Federal Law of July 29, 2017 No. 217-FZ
“On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation”
(hereinafter referred to as Law No. 217-FZ): buildings located on garden plots of land, information about which was entered into the Unified State Register of Real Estate before the date of entry into force of Law No. 217-FZ with the purpose of “residential”, “residential building”, are recognized as residential buildings; replacement of previously issued documents or amendments to such documents, USRN records regarding the names of the specified real estate objects is not required, but this replacement can be carried out at the request of their copyright holders. As indicated in the letters of the Real Estate Department of the Ministry of Economic Development of Russia dated 02/28/2021 No. OG-D23-1726, dated 03/07/2021 No. OG-D23-2021.
Law No. 217-FZ does not provide for changes to the Unified State Register of Real Estate in terms of the purpose of the building; if it is necessary to make changes to the name of the property in order to change the relevant information of the Unified State Register of Real Estate, an application form can be submitted to Rosreestr, or a multifunctional center for the provision of state and municipal services
About the names of buildings and structures
Federal State Budgetary Institution »Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography" Letter from April 30, 2015 N 10-0382-Ish at the Federal State Budgetary Institution "FKP Rosreestra" received a letter from Rosreestr dated 11/14/2014 N 14-15628/14 (in. dated November 14, 2014 N 47983/TA, hereinafter referred to as the Letter) on consideration of letters from the Federal State Budgetary Institution “FKP Rosreestr” dated January 27, 2014 N 08-0067-AG, dated May 26, 2014 N 10-0509-AG on the issue of entering information into the state real estate cadastre on the names of buildings and structures. The position of Rosreestr, set out in the Letter, was brought to the attention of the branches of the Federal State Budgetary Institution FKP Rosreestr. However, the position of the Federal State Budgetary Institution FKP Rosreestr, set out in the letter dated January 27, 2014 N 08-0067-, is not agreed upon in the Letter. AG, about what he thinks. FSBI "FKP Rosreestr", information about the changed name of a building, structure can be indicated in the technical plan of the building, structure, including on the basis of a decision of the owner of the corresponding property. This position of the FSBI "FKP Rosreestr" proceeds from the fact that, according to the position of the Ministry of Economic Development of Russia , set out in, the procedure for assigning names to capital construction projects is not established by the legislation of the Russian Federation. According to the Ministry of Economic Development of Russia, the name of a structure can be changed on the basis of any document that complies with the legislation of the Russian Federation and contains the name of the structure.
For example, based on permission to enter an object
Is it possible to change the name of a building without reconstructing such a building?
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8-919-865-42-208 Regarding the essence of the question asked, we report the following. According to Part 8 of Article 41 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Law on the State Property Committee), information about a building or structure, with the exception of information about the location of such real estate on a land plot, is indicated in technical terms, on the basis of the cadastral work permit submitted by the customer to put such real estate into operation, design documentation of such real estate, or a technical passport of such real estate produced before January 1, 2013.
In the absence of these documents, the relevant information is indicated in the technical plan on the basis of a declaration drawn up and certified by the copyright holder of the property. The said declaration is attached to the technical plan and is an integral part of it.
In accordance with paragraph 16 of the Requirements for the preparation of a technical plan of a building, approved by order of the Ministry of Economic Development of Russia dated September 1, 2010 No. 403 (hereinafter referred to as Requirements No. 430), paragraph 14 of the Requirements for the preparation of a technical plan of a building, approved by order of the Ministry of Economic Development of Russia dated November 23, 2011 Year No. 693 (hereinafter referred to as Requirements No. 693), a list of documents is established on the basis of which information about the property,
