Technical plan of the premises. About the names of buildings and structures How to make changes to the technical plan of the building

Technical plan of the premises. About the names of buildings and structures How to make changes to the technical plan of the building

The Department of Methodological Support and Analysis in the Field of Registration of Rights and Cadastral Registration of Rosreestr (hereinafter referred to as the Department), having considered the letter of the Federal State Budgetary Institution "FKP Rosreestr" dated 04.30.2015 N 10-0382-ISh on the issue of entering into the state real estate cadastre information about the name of a building, structure on based on the decision of the owner of the relevant property, in addition to the letter of the Department dated November 14, 2014 N 14-15628/14 reports.

In accordance with Part 8 of Article 41 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Cadastre Law), 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 technically, on the basis of the cadastral work permit submitted by the customer to put such real estate into operation, design documentation for such real estate, or a technical passport of such real estate produced before 01/01/2013. 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; this declaration is attached to the technical plan and is an integral part of it.

Clause 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 N 403 (hereinafter referred to as Requirements N 430), and clause 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 N 693 (hereinafter referred to as Requirements N 693), a list of documents has been established on the basis of which information about the property, including the name of the building or structure, is subject to indication in the technical plan of the building or structure.

In this case, a change in the name of a building or structure may be associated with a change in its functional use (without reconstruction of such a building or structure), as well as in connection with a change in the purpose of such a building or structure.

Taking into account the above, we believe that the documents on the basis of which it is possible to change the name of a building or structure are:

permission to put an object into operation (in case of a change in the name of a building or structure in connection with their reconstruction, as well as a change in the purpose of a building or structure in connection with their reconstruction, or when reconstruction is required);

act of an authorized government body or local government body (in case of a change in the name of a building or structure or the name and purpose of a building or structure not related to their reconstruction);

decision of the owner (in case of changing the name of a building or structure, when their reconstruction is not required, and it is not related to a change in the purpose of the building or structure).

At the same time, in accordance with paragraphs 16, 45 of Requirements No. 403 and paragraphs 14, 52 of Requirements No. 693, copies of these documents are included in the annex to the technical plan of the building or structure, and additional justification is provided in the section “Conclusion of the cadastral engineer” of the technical plan of the building or structure information about changing the name of a building or structure.

We also believe that the change of name should be carried out in accordance with the requirements of the current legislation, including in terms of compliance with the requirements of the urban planning plan, design documentation, as well as compliance of the type of permitted use of the land plot with the purpose of the building or structure located on it.

Document overview

It is clarified 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.

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 it is not related to a change in purpose.

Copies of these documents are attached to the technical plan, and in its section “Conclusion of the cadastral engineer” the rationale for the information about changing the name of the building or structure is provided.

According to Rosreestr, the change in name must also correspond, in particular, to the type of permitted use of the land plot.

Technical floor plan - a document that reproduces certain information entered into the state real estate cadastre (GKN) and indicates information about the premises necessary for registering the premises (or accounting for changes that have taken place).
Premises - part of the volume of a building or structure that has a specific purpose and is limited by building structures(clause 14 of part 2 of article 2 of the Federal Law of December 30, 2009 No. 384-FZ) 1.
The technical plan of the premises is drawn up in relation to:
- premises (including a collection of several isolated (separate) and adjacent premises (for example, a part of a residential building consisting of rooms and auxiliary premises located in it), which, among other things, can be located on several floors of a building or structure one above the other and must have access to each other without using common areas in such a building or structure), and such premises must, in accordance with the Law, be isolated and separate from other premises in the building or structure;
- parts of the room.
The most common classification of premises used in civil circulation is primarily related to their purpose: these are residential (non-residential) premises, common areas, industrial premises, etc. Including premises include (apartments, rooms, common areas (including in an apartment building), garage boxes (as part of garage complexes registered as buildings), retail and office premises, warehouses, basements, etc.
For cadastral registration of any premises (regardless of its purpose), as well as subsequent registration of rights, A technical plan is required.

Specialists of Don Cadastral Center LLC will provide you with high-quality and fast production of a technical plan for a premises of any purpose, as well as submission of documents for registering the premises with cadastral registration (accounting for changes) with the subsequent receipt of a cadastral passport.

Form of technical plan of the premises and requirements for its preparation (which establish the rules for its registration) are enshrined in Order No. 583 2 of the Ministry of Economic Development of Russia dated November 29, 2010.
Example of a technical plan of a room (and more) can be found in the corresponding section of our website.
The technical plan consists of a text part , which is divided into sections that are required to be included in the technical plan, and sections, the inclusion of which in the technical plan depends on the types of cadastral work, and graphic part.
The text part of the technical plan includes the following sections:
1) general information about cadastral work;
2) initial data;
3) characteristics of the premises;
4) information about part (parts) of the premises;
5) conclusion of a cadastral engineer.

Graphic part of the technical floor plan is a floor plan or part of a floor of a building or structure, indicating on this plan the location of the corresponding premises, and if the building or structure has no floors, a plan of the building or structure or a plan of the corresponding part of the building or structure, indicating on this plan the location of such premises.
The technical plan is drawn up as a separate document for each created premises . In case of simultaneous formation of premises as a result of transformation of the premises (premises) or in the case of formation of premises and (or) formation (change) of part (parts) of the premises, the technical plan is drawn up in the form of one document.
Information about the premises is indicated in the technical plan on the basis of the cadastral work permit submitted by the customer for the commissioning of the building or structure in which the premises are located, design documentation of the building or structure in which the premises are located, a technical passport of the premises produced before January 1, 2013 or before January 1, 2013, the technical passport of the building or structure in which the premises are located.
If, in cases provided for by legislation in the field of urban planning, the production or acceptance of these documents is not required, information about the premises is indicated in the technical plan on the basis of the declaration

The technical plan of the premises is prepared in the form of an electronic document in the form of an XML document, certified by an enhanced qualified electronic signature of a cadastral engineer, and is issued in the form of files in XML format, created using XML schemas and providing reading and control of the submitted data.
At the request of the customer, the contract may provide for the preparation of a technical plan on paper, then the technical plan is additionally prepared in the form of a paper document, certified by the signature and seal of a cadastral engineer. 3 We mainly carry out cadastral work in Rostov-on-Don, Novocherkassk, Bataysk, Azov, Aksay, Chaltyr, Taganrog and surrounding areas, however, it is possible to carry out work in other areas of the Rostov region, taking into account additional transportation costs. Carrying out cadastral work in other constituent entities of the Russian Federation is possible if there is sufficient volume and is subject to agreement on an individual basis

1. A technical plan is a document that reproduces certain information entered into the Unified State Register of Real Estate and indicates information about a building, structure, premises, parking space, an unfinished construction project or a single real estate complex necessary for the state cadastral registration of such an object real estate, as well as information about part or parts of a building, structure, premises, a single real estate complex, or new information about real estate objects that have been assigned cadastral numbers necessary for entering into the Unified State Register of Real Estate.

2. The technical plan indicates:

1) information about the building, structure, premises, parking space, unfinished construction site, unified real estate complex, necessary for its state cadastral registration, in the case of cadastral work, which results in the preparation of documents for submission to the registration authority of rights of an application for state cadastral registration of such real estate;

(see text in the previous edition)

2) information about part or parts of a building, structure, premises, a single real estate complex in the case of cadastral work, which results in the preparation of documents for submission to the rights registration authority of an application for state cadastral registration of part or parts of such real estate;

(see text in the previous edition)

3) new information necessary for entering into the Unified State Register of Real Estate about a building, structure, premises, parking space, an unfinished construction project or a single real estate complex that has been assigned a cadastral number, in the case of cadastral work, which results in the preparation of documents for submission to the registration authority for the rights of an application for state cadastral registration of such real estate.

(see text in the previous edition)

3. The technical plan consists of graphic and text parts.

4. In the graphic part of the technical plan of a building, structure, unfinished construction object or single real estate complex, information from the cadastral plan of the relevant territory or an extract from the Unified State Register of Real Estate about the corresponding land plot is reproduced, and also indicates the location of such building, structure, unfinished construction object or single real estate complex on a land plot. The graphic part of the technical plan of a room, parking space is a floor plan or part of a floor of a building or structure indicating on this plan the location of such premises, parking space, and if the building or structure does not have a number of floors, a plan of the building or structure or a plan of the corresponding part of the building or structures indicating on this plan the location of such premises, parking spaces.

(see text in the previous edition)

5. The location of a building, structure or unfinished construction object on a land plot is established by determining the coordinates of characteristic points of the contour of such a building, structure or unfinished construction object on a land plot. The location of a building, structure or unfinished construction site on a land plot, at the request of the cadastral work customer, can be additionally established by means of a spatial description of the structural elements of the building, structure or unfinished construction site, including taking into account the height or depth of such structural elements.

6. The location of the room is established by graphically displaying the boundary of the geometric figure formed by the inner sides of the external walls of such a room on the floor plan or part of the floor of a building or structure, and if the building or structure does not have a number of storeys, on the plan of the building or structure or on the plan of the corresponding part of the building or structures.

6.1. The location of the parking space is established by graphically displaying on the floor plan or part of the floor of a building or structure (if the building or structure has no number of floors - on the plan of the building or structure) a geometric figure corresponding to the boundaries of the parking space.

ConsultantPlus: note.

If as of 01/01/2017 the rights to a parking space were already registered, re-registration is not necessary, regardless of whether such a parking space complies with the permissible dimensions (Article 6 of the Federal Law dated 07/03/2016 N 315-FZ).

6.2. The boundaries of a parking space are determined by the design documentation of a building, structure and are designated or secured by the person constructing or operating the building, structure, or the holder of the right to a parking space, including by applying markings to the surface of the floor or roof (paint, using stickers or other ways). The boundaries of a parking space on a floor (in the absence of a number of storeys - in a building or structure) are established or restored by determining the distance from at least two points that are in direct visibility and fixed with long-term special marks on the inner surface of the building structures of the floor (walls, partitions, columns, on the floor surface (hereinafter referred to as special marks), to the characteristic points of the boundaries of the parking space (points of dividing the boundaries into parts), as well as the distances between the characteristic points of the boundaries of the parking space. The area of ​​the parking space within the established boundaries must correspond to the minimum and (or. ) the maximum permissible dimensions of a parking space established by the regulatory authority.

6.3. At the request of the cadastral work customer, the coordinates of special marks can be additionally determined. At the request of the owner of the right to a parking space, characteristic points of the boundaries of the parking space can be additionally secured with special marks on the floor surface.

7. The text part of the technical plan indicates the information necessary for inclusion in the Unified State Register of Real Estate, including information about the geodetic basis used in preparing the technical plan of a building, structure, or unfinished construction project, including points of state geodetic networks or reference boundary networks.

7.1. If, at the request of the customer of cadastral work, the location of the parking space was established by determining the coordinates of one or several characteristic points of the boundaries of the premises or the location of the boundaries of the parking space was established by additionally determining the coordinates of special marks, the technical plan of the premises or parking space also provides information about the geodetic basis used in the preparation of the technical plan, including points of state geodetic networks or reference boundary networks.

8. Information about a building, structure or a single real estate complex, with the exception of information about the location of such real estate objects on the land plot and their area, building area, is indicated in the technical plan on the basis of the design documentation of such real estate objects submitted by the customer of cadastral work. If, at the time of carrying out cadastral work, it is not possible to visually inspect the underground structural elements of a building, structure or an unfinished construction site to carry out measurements necessary to determine the location of the corresponding real estate object on the land plot (the outline of a building, structure, an unfinished construction site), the use of as-built documentation is allowed, the maintenance of which is provided for by Part 6 of Article 52 of the Town Planning Code of the Russian Federation.

(see text in the previous edition)

9. Information about an unfinished construction project, with the exception of information about the location of such a property on a land plot, is indicated in the technical plan on the basis of the cadastral work permit for the construction of such a facility submitted by the customer and the design documentation for such a property.

10. Information about the premises or parking space, with the exception of information about the area of ​​the room or parking space and their location within the floor of a building or structure, or within a building or structure, or within the relevant part of a building or structure, is indicated in the technical plan based on the cadastral work submitted by the customer for permission to put the building or structure in which the premises or parking space is located into operation, the design documentation of the building or structure in which the premises or parking space is located, the redevelopment project and the acceptance committee’s act confirming completion redevelopment.

(see text in the previous edition)

11. If the legislation of the Russian Federation in relation to real estate (with the exception of a single real estate complex) does not provide for the preparation and (or) issuance of permits and project documentation specified in parts 8 of this article, the relevant information is indicated in technical terms on the basis of a declaration drawn up and certified the owner of the property. In relation to a created property, the declaration is drawn up and certified by the owner of the land plot on which such a property is located, and in relation to an ownerless property - by the local government body of the municipality on whose territory such a property is located. The said declaration is attached to the technical plan and is an integral part of it.

(see text in the previous edition)

11.1. The technical plan of an individual housing construction project or garden house (including those not completed by construction) is prepared on the basis of the declaration specified in Part 11 of this article and the developer’s notification about the planned construction or reconstruction of an individual housing construction project or garden house, as well as a notification sent by a government agency authorities or local government body, on the compliance of the parameters of the individual housing construction or garden house specified in the notice of planned construction or reconstruction of an individual housing construction project or garden house with the maximum parameters of permitted construction, reconstruction of capital construction projects, established by land use and development rules, planning documentation territory, and mandatory requirements for the parameters of capital construction projects established by federal laws, and the admissibility of placing an individual housing construction project or garden house on a land plot (if there is such a notification). The specified declaration and notifications are attached to the technical plan of the individual housing construction project or garden house (including unfinished construction) and are its integral part.

What is needed to formalize the redevelopment in Moscow? Documents for premises with completed redevelopment are put in order in four steps:

  1. registration of design and permitting documentation: 1. for an apartment or non-residential premises in a residential building, it is necessary to obtain an act of completed reconstruction and/or redevelopment from the Moscow Housing Inspectorate; 2. for premises in a non-residential building, it is necessary to obtain a technical report from the design organization on the fact of the completed redevelopment;
  2. making changes to the technical documentation of BTI;
  3. drawing up a technical plan of the premises;
  4. making changes to the state real estate register and obtaining a new extract from the Unified State Register of Real Estate.

What is a technical plan of premises during redevelopment?

After receiving the cadastral passport, we will help you make changes to the Unified State Register with the subsequent replacement of the Certificate of Ownership as a result of redevelopment, merging or dividing apartments and non-residential premises, changing the area of ​​an apartment or non-residential premises. Read more about making changes to the State Real Estate Cadastre Registration of a certificate of ownership of an apartment / non-residential premises Certificate of ownership of an apartment Certificate of ownership of a non-residential premises You have completed all the procedures for registering redevelopment and received new BTI documents, prepared a Technical Plan and issued a Cadastral passport.


We will help you make changes to the Unified State Register of Rights to Real Estate and Transactions with It and obtain a new Certificate of State Registration of Ownership of an apartment or non-residential premises.

Technical plan after redevelopment: how to avoid problems with inspections?

Currently, the concepts of “redevelopment” and “reconstruction” and related procedures (work) are related to the regulation of housing legislation and do not apply to non-residential premises in respect of which reconstruction and major repairs may be carried out. At the same time, the definitions of the concepts “reconstruction” and “overhaul” have a broader meaning than the concepts of “redevelopment” and “rearrangement” and include special procedures (work) (Article 1 of the Urban Planning Code of the Russian Federation).


Thus, state cadastral registration of changes and (or) registration of premises in non-residential buildings (structures) in connection with their “redevelopment” is carried out in accordance with the technical plan prepared on the basis of documents on the reconstruction of the building (structure) or its part.

Project of non-residential premises for amendments to the Civil Code

The boundaries between adjacent premises may be changed or these premises may be divided into two or more premises without the consent of the owners of other premises if such a change or division does not entail a change in the boundaries of other premises, the boundaries and size of common property in an apartment building or a change shares in the right of common ownership of common property in this house. If the redevelopment of premises is impossible without adding to them part of the common property in an apartment building, the consent of all owners of premises in the apartment building must be obtained for such reconstruction, redevelopment and (or) redevelopment of premises.

Making changes to the USR after redevelopment

In technical terms, in addition to the graphic part, the main characteristics of the premises are reflected, including the cadastral number of the premises, the cadastral number of the building in which it is located, address and area. To prepare a technical plan in connection with redevelopment, the following documents are required:

  • design and permitting documentation;
  • for premises in a residential building - an act of completed reconstruction and/or redevelopment, in a non-residential building - a technical conclusion from the design organization;
  • document confirming the right to premises;
  • registration for a premises with an old layout;
  • floor plan with new layout and explication.

To confirm the correctness of this information, the technical plan also includes a declaration about the property, which is approved by the owner of the premises.

Accounting for changes after redevelopment

To produce a new technical plan you will need:

  • Project documentation
  • act of completed reconstruction
  • title documents for an object
  • declaration of premises, certified by the owner and confirming the accuracy of the data specified in the technical plan.

Making changes to the State Property Code in Moscow For the purpose of state registration of all changes to a real estate property, it is necessary to write an application to the main registering authority - the Federal State Registration Service Rosreestr. The owner of the premises or his official representative must complete the application with a power of attorney certified by a notary.

The technical plan should be recorded on disk and submitted along with the application. The period for making changes to the State Tax Code ranges from 3 to 18 working days.

The speed of registration depends on the complexity and number of changes.

Registration of redevelopment of non-residential premises

Info

Making changes to the state real estate register To record changes, you need to submit an application to the rights registration authority. The application is accompanied by a technical plan on disk.


An application for state registration of changes must be completed and submitted by the owner of the premises. This can also be done by his representative using a notarized power of attorney.

After checking the technical plan, an extract from the Unified State Register is issued with a new layout of the premises. How much do cadastral works cost? Get a consultation Our specialists will promptly answer all the necessary questions related to real estate.

Technical passport for approval of redevelopment

If all construction work has previously been completed, then a Technical Conclusion is developed on the admissibility and safety of the reconstruction performed. All project documentation is submitted to the Moscow Housing Inspectorate and an order is issued for it, which describes all repair and construction work. To provide this service, you need to contact the authorized authority and submit the following documents:

  • Project documentation
  • Technical passport of the object
  • Consent of owners to redevelopment of premises (if there are two or more owners)
  • For non-residential premises located in residential buildings, the conclusion of Rospotrebnazdor

After receiving the Order for repair and construction work and after they have been carried out within one year, it is necessary to draw up an Act on the completed reconstruction with the Moscow Housing Inspectorate.

Preparation of a technical plan. making changes to the State Tax Code, Unified State Register

It is enough to provide a project and a technical report on the technical condition of the structures of capital construction projects and the possibility of carrying out the planned work. Documents are prepared by the design organization based on the results of the survey.
Step 2. Making changes to the BTI documentation Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises. Therefore, after receiving the act of completed reconstruction and/or redevelopment, you need to make changes to the technical passport.

Attention

Redevelopment of non-residential premises is not regulated today. Regulatory documentation on technical inventory does not apply to non-residential buildings.


However, when operating premises, some government agencies, on their own initiative, still require BTI technical documents.

Ministry of Economic Development of the Russian Federation

  • the document provided for in Part 5 of Article 26 of the RF Housing Code is the basis for the redevelopment of residential premises (Part 6 of Article 26 of the RF Housing Code);
  • the completion of the redevelopment of the residential premises is confirmed by an act of the acceptance committee (part 1 of article 28 of the Housing Code of the Russian Federation);
  • the acceptance committee’s act must be sent by the body carrying out the approval to the body or organization that carries out state registration of real estate objects in accordance with the Federal Law “On the State Real Estate Cadastre” (Part 2 of Article 28 of the Housing Code of the Russian Federation).
  • In addition, according to Article 40 of the Housing Code of the Russian Federation, the owner of a premises in an apartment building, when acquiring ownership of a premises adjacent to the premises in an apartment building owned by him, has the right to combine these premises into one premises in the manner established by Chapter 4 of the Housing Code of the Russian Federation.

BTI documents: technical plan of the premises

State Real Estate Cadastre All services and prices for approval of redevelopment and cadastral work → Procedure for approval of redevelopment Our advantages

  • Since 1999, we have been providing services for coordinating the redevelopment of apartments and non-residential premises - reviews from our clients;
  • We provide reliable guarantees for the completion of work;
  • we have our own staff of professional designers, cadastral engineers and specialists in coordinating redevelopment;
  • We apply an individual approach to each client;
  • Possibility of on-line payment by credit cards
  • We offer a step-by-step payment system.

Terms for approval of redevelopment The time frame for developing a redevelopment project and issuing all permits for redevelopment depends on the complexity of the order and is determined individually.