Errors in the BTI registration certificate: what to do and where to contact the apartment owner
Before starting any redevelopment, you should study the existing property plan and compare it with the real state of affairs.
If it does not correspond to the currently existing layout, then it may be necessary to go through the procedure of its legalization before making further structural changes to the premises. First, you will need to order a technical passport of the property from the BTI. Let us note that not a single architectural and construction company that is involved in drawing up a redevelopment project will begin working with the customer until he provides an explication and a floor plan. For this reason, the technical passport is a mandatory document to begin design. The project, in turn, is the most important document, without which in most cases it is impossible to legitimize changes made to the layout.
It often happens that clients in various real estate transactions are faced with an unpleasant surprise associated with errors in the technical data sheet of the BTI. Let's look at some of them and offer possible solutions.
What do the red lines mean?
Each property, including apartments, has certain characteristics that are recorded in the technical documentation. Until 2013, all of the specified parameters of residential and non-residential premises were reflected in the technical passport information issued by BTI institutions.
As a result of an inspection of the premises by BTI specialists, inconsistent changes in the configuration of the facility could be identified. As a rule, this was due to construction work during redevelopment, which was not properly approved. When these changes were detected, they were reflected on the technical passport in the form of red lines.
Here are the consequences of the presence of red lines in the BTI registration certificate:
Dear Clients!
The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:
8 Moscow (our address)
8 St. Petersburg (our address)
All consultations are free.
Get an estimate of the cost of this service using our price calculator - here
- since 2013, each object must undergo cadastral registration on the basis of a technical plan and an application from the owner - in order to eliminate red lines when drawing up a plan, it is necessary to legalize the redevelopment through municipal departments;
- although technical passports have lost legal force, previously identified uncoordinated redevelopment will still be identified when making real estate transactions - from 2021, any transaction can be carried out only after the property is registered with the cadastral register in Rosreestr;
- The legislation allows for the approval of redevelopment even after the actual completion of the work, and the result of this procedure will be the reflection of the changed characteristics of the object in technical terms.
Errors in the technical passport of housing, in which the layout has never changed
If the owner of an apartment has never done a major renovation in it, he may not even suspect that there are any inconsistencies in the floor plan. They are clarified only when the owner contacts the Technical Inventory Bureau. If the house is old enough, then the BTI employees will probably admit that this is their mistake and the new owner has nothing to do with it.
What to do? As a rule, BTI specialists can sometimes be convinced that there was no uncoordinated redevelopment. In case of controversial situations, a technician is sent from there to the apartment. He makes repeated measurements, often requiring access to neighbors to make sure that the violation concerns not only the owner’s apartment, but is widespread. However, it happens that employees from the BTI do not cooperate, refusing to admit their own guilt. In this case, you will have to sue them and hire a good lawyer who knows the intricacies of housing disputes.
What causes errors in the technical plan of BTI?
- The mistake was made during the delivery of the property, namely during the initial inventory, but no one paid attention to it;
- You purchased a premises or apartment that already had an error in the BTI documents;
- You have an unauthorized redevelopment, and you think that this is an error in the BTI floor plan;
- Something went wrong in the BTI database, and you were given BTI documents with a technical error;
- You completed the redevelopment, but at the time of issuing the documents from the BTI, you did not check the correctness and compliance of the new technical passport of the BTI with the approved redevelopment.
The BTI plan does not coincide with the developer’s plan for new types of houses
Upon completion of construction, the construction company that carried it out is obliged to take measurements. However, it often happens that they are done with violations and of poor quality. It happens that there are only 600 apartments in an apartment building, and BTI employees do not bother to measure each of them, but take one from the entrance and make a projection onto the rest. Therefore, it may appear on the plan that there is a ventilation duct in the apartment, but in reality it does not exist.
What to do? Request apartment plans from the developer, make a comparison with the current layout and go to the BTI so that the employees take the trouble to double-check all the documentation and find everything that does not correspond to reality. Here it is important that the owner firmly insists on his position, since BTI employees are often reluctant to cooperate.
Fixing registry error building claim
The most difficult situation to solve may be when the documentary right to the same premises or even building is registered with different persons. In this case, the contradiction may have to be corrected in court.
First you need to figure out what the error is - registration records or cadastral records. For example, an error in the address can lead to the consequences that there will be two objects with different cadastral numbers, but the same address.
Or it is possible that such actions for re-registration may be carried out deliberately for a clearly illegal purpose. For such a case, a special method of protecting rights is provided - recognition of the right as absent, or you need to prepare a statement of claim to correct the registry error.
By the way!! Any cadastral engineer can prepare a technical plan for a property (building, structure, structure) for the purpose of accounting.
Inconsistencies in BTI plans, which are identified in the technical passport after redevelopment
Upon completion of the repair work, the owner must invite a commission representative from the housing inspectorate, who will check whether everything has been done in accordance with the law. Based on the results of the inspection, the apartment owner receives a signed inspection report, and the housing inspection sends photocopies of documents to the BTI so that changes in the plan are recorded there. It is at this stage that sometimes mistakes occur that need to be recognized immediately.
What to do? When the owner receives a new registration certificate, he should carefully study the new plan. If deviations are detected, you need to call an engineer to measure everything again. Otherwise, unpleasant surprises may await you in subsequent real estate transactions.
Correction of a registry error for legal entities in the USRN information
A registry error may occur if an authorized official - a cadastral engineer - incorrectly determined the design parameters of an industrial non-residential building or premises, and based on an incorrect technical plan, this data was entered into the Unified State Register of Real Estate. Such an error, for example, may contain a technical plan for the redevelopment of non-residential premises.
Correction of a registry error in information on a building, structure or premises can occur out of court; in this case, an application to correct the registry error is prepared in the Unified State Register of Real Estate. However, it should be recognized that, as a rule, issues of correcting registry errors are still resolved through the courts.
For example, when carrying out cadastral and registration work on a premises, the technical plan indicated the design configuration of the premises, which did not correspond to its configuration in kind. In this case, it will be necessary to prepare a technical plan to clarify the main characteristics of the property and indicate in the cadastral engineer’s conclusion that a mistake was previously made. Most likely, Rosreestr’s position will be that the error must be corrected through the courts.
The greatest difficulty in correcting such errors is found in industrial buildings that have been repeatedly rebuilt or reconstructed. Under these circumstances, it is very important to understand which technical inventory document was used by the cadastral engineer when drawing up the technical plan, how correct the use of such a document was, and whether any redevelopment and reconstruction were carried out after the production of this document. If reconstruction or redevelopment was carried out, it may be necessary to correct a registry error in the area of the building.
Should know!! It is mandatory to prepare a conclusion from a cadastral engineer when correcting a registry error. The conclusion indicates why such an error could have arisen.
Example of an apartment redevelopment project
Description 1
Back
Forward
To prevent such situations from happening to you, it is better to trust the approval of the redevelopment of premises to a design organization. The cost of legalization can be found below.
