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Is the developer required to put the apartments on the cadastral register? Cadastral registration of an apartment building with a guarantee How to register an apartment building.

Apartment building: accounting features

V.A. Mezhetskaya

Deputy General Director of JSC "Center of Municipal Economy"

N.V. Gabrus

Specialist of JSC "Center of Municipal Economics"

If, before the entry into force of the Housing Code of the Russian Federation, the housing stock, to which the residential premises of apartment buildings were assigned, was subject to accounting, now accounting for the apartment building as a whole is becoming relevant.

Housing stock and apartment building

The purpose of accounting for the housing stock is the need to control1 the use and preservation of the housing stock, the compliance of residential premises, which are an integral part of the housing stock, with the established requirements. At the same time, in accordance with Part 1 of Article 19 of the Housing Code of the Russian Federation (LC RF), the housing stock is the totality of all residential premises located on the territory of the Russian Federation.

An apartment building is not only a set of residential premises of any form of ownership, but also non-residential premises, as well as elements of common property. The need to take into account an apartment building is due to the fact that the management of an apartment building must ensure favorable and safe living conditions for citizens, the proper maintenance of common property in an apartment building, and the resolution of issues related to the use of this property (Article 161 of the LC RF).

State accounting of housing stock

In accordance with Article 19 of the Housing Code of the Russian Federation, the housing stock is subject to state accounting in the manner established by a decree of the Government of the Russian Federation. Currently, the Decree of the Government of the Russian Federation dated October 13, 1997 No. 1301 “On State Registration of the Housing Stock in the Russian Federation” (hereinafter referred to as Decree No. 1301) is in force. According to this resolution, the following forms of state accounting of the housing stock are established:

State technical accounting,

State statistical accounting,

Accounting.

State technical accounting

In accordance with Article 19 of the Housing Code of the Russian Federation, “state accounting should provide for technical accounting of the housing stock, including its technical inventory and technical certification (with the issuance of technical passports for residential premises - documents containing technical and other information about residential premises related to ensuring compliance residential premises to the established requirements).

1 State control over the use and preservation of the housing stock, regardless of its form of ownership, as well as the compliance of residential premises with the established requirements, is carried out by authorized federal executive bodies, state authorities of the constituent entities of the Russian Federation in accordance with the federal law and other regulatory legal acts of the Russian Federation (Article 20 ZhK RF). Currently, the Decree of the Government of the Russian Federation dated September 26, 1994 No. 1086 “On the State Housing Inspectorate in the Russian Federation” is in force in the part that does not contradict the LC RF.

Technical accounting of the housing stock is carried out by specialized state and municipal organizations of technical inventory (BTI)2, of which there are about 600 today.

One of the mandatory documents that these organizations draw up is the technical passport of the dwelling. Its form is established by the Instruction on accounting for the housing stock in the Russian Federation, approved by order of the Ministry of the Russian Federation for Land Policy, Construction and Housing and Communal Services dated August 4, 1998 No. 37.

In accordance with clause 9 of Decree No. 1301, technical accounting data for the housing stock are mandatory for use, unless otherwise provided by the legislation of the Russian Federation, in the following cases:

When compiling state statistical reporting on the housing stock;

During state registration of rights to real estate and transactions with it;

When commissioning residential buildings and residential premises;

When determining the technical condition and physical deterioration of residential buildings and premises;

When registering homeowners associations (HOA);

When assigning cadastral numbers to real estate in the housing sector;

When calculating and controlling the real estate tax base in the housing sector.

State statistical accounting

Official statistical accounting of the housing stock is carried out by the Federal State Statistics Service (Rosstat) and its territorial bodies. Accounting is carried out on the basis of a generalization of the forms of federal state statistical monitoring of housing

by the Fund at intervals and within the terms determined in the annual federal programs of statistical work. When compiling indicators of official statistical accounting, indicators of state technical accounting are used.

Decrees of the Federal State Statistics Service No. 20 of June 16, 2006, No. 88 of December 29, 2006 and No. 66 of October 25, 2007 approved the forms in accordance with which statistical accounting of the housing stock is carried out.

Technical accounting and technical inventory organizations report in accordance with the form of the federal state statistical observation No. 1-housing fund "Information on the housing stock" until February 25 of the year following the reporting one. Local governments must submit a report in the form No. 4-housing fund "Information on the provision of residential premises to citizens" by April 25 of the year following the reporting year, and in form No. 1-MO "Information on the provision of municipalities with objects of trade and social sphere" up to 1 June of the year following the reporting year.

Annually, by January 22, legal entities - owners of the housing stock, organizations to which the housing stock is assigned on the right of economic management, and institutions under whose operational management the housing stock has been transferred, must report in the form No. 1-KR "Information on the overhaul of the housing stock" .

It should be noted that at present, the statistical forms are being gradually brought into line with the Housing Code of the Russian Federation, since many forms of accounting for the housing stock require serious revision.

Accounting

Can such a thing as “accounting for the housing stock” exist today? There can be no such concept, since the housing stock is an aggregate

2 In accordance with paragraph 3 of the Regulations on state accounting of the housing stock, approved by Decree of the Government of the Russian Federation of October 13, 1997 No. 1301.

ness of residential premises of various forms of ownership. In accordance with Article 1 of the Federal Law of November 21, 1996 No. 129-FZ “On Accounting”, the object of accounting is the property of organizations. In accordance with PBU 6/01, approved by order of the Ministry of Finance of the Russian Federation (Minfin of Russia) dated March 30, 2001 No. 26n, the accounting unit of fixed assets is an inventory object. Independent real estate objects in apartment buildings are only apartments, rooms in communal apartments and non-residential premises, which, in accordance with PBU 6/01, are an inventory object and must be taken into account by the organizations - owners of these premises.

This conclusion is confirmed by official clarifications from the Ministry of Regional Development of the Russian Federation (Ministry of Regional Development of Russia). So, according to the letter of this ministry dated December 20, 2006 No. 14316-RM / 07, accounting for an apartment building, the premises in which belong to two or more owners, in the register of municipal (state) property and (or) accounting for an apartment building on the balance sheet of the manager or other organization should be considered illegal. Multi-apartment buildings, the premises in which belong to two or more owners, are subject to debiting from the accounts of organizations, exclusion from the register of municipal property and from the composition of the municipal treasury. This letter contains one more conclusion, which, in our opinion, is not entirely correct: “In these multi-apartment buildings, only residential and non-residential premises that are in municipal ownership can be the object of accounting of municipal organizations (when secured on the right of economic management or operational management), an object of accounting for municipal property and be in the municipal treasury (in the absence of consolidation on the right of economic management or operational management)”. Since residential and non-residential

All premises must be accounted for by the owners, who in this case are not municipal unitary enterprises; premises cannot be an object of accounting in these enterprises.

Thus, if we are talking about the housing stock, then today the concept of financial, or accounting, accounting is applicable only to the property of legal entities that must take it into account on their balance sheet.

Since the assignment to municipal unitary enterprises on the right of economic management of residential premises that are in municipal ownership does not comply with the norms of the Housing Code of the Russian Federation, the head of the enterprise has the right to apply to the municipal property management committee (KUMI) to resolve the issue of transferring municipal housing to the municipal treasury. KUMI, for its part, must issue an appropriate order. The procedure for writing off the balance sheet of unitary enterprises and institutions of municipal property will be as follows:

Registration of the act of inventory of residential premises;

Obtaining an order from the KUMI on the seizure of municipal residential premises;

Execution of an order of the head of a unitary enterprise on deregistration of residential premises in connection with the need to bring property relations on the ownership of municipal residential premises in accordance with the norms of housing legislation;

Registration of the act of acceptance and transfer of fixed assets in the form No. OS-1a, approved by the Resolution of the State Committee of the Russian Federation on Statistics dated January 21, 2003 No. 7; together with the act, inventory cards for accounting for fixed assets in the form No. OS-6 are transferred to local governments.

If KUMI does not issue an appropriate order, the municipal unitary enterprise or institution has the right to refuse property under economic management or operational management, on the basis of Articles 235 and 236

Civil Code of the Russian Federation (GK RF). To do this, the head of the enterprise issues an appropriate order and sends a notification to the KUMI about the abandonment of property under economic management or operational management, and about the removal of housing stock from the balance sheet.

According to Article 15 of the Housing Code of the Russian Federation, the object of housing rights is a dwelling, and not an apartment building. Consequently, all residential premises should be considered by the owners, which are individuals (legal entities) and municipalities. The common property of apartment buildings is in the shared ownership of the owners of premises in an apartment building, therefore it cannot be on the balance sheet of housing organizations either. Thus, apartment buildings as objects of real estate should be written off from the balance sheet of municipal unitary enterprises.

In accordance with the Law of the Russian Federation dated July 4, 1991 No. 1541-1 "On the privatization of the housing stock in the Russian Federation", the transfer of the right to own, use and dispose of individual residential premises to a citizen is provided. Despite this, in practice, a situation often arises when an apartment building with privatized apartments continues to be listed on the balance sheet of municipal housing organizations. In this case, the organization-balance holder excludes the grounds for their accounting on its balance sheet in accordance with the rules of PBU 6/01. In addition, in accordance with the letter of the Ministry of Regional Development of Russia dated December 20, 2006 No. 14316-RM / 07 “On the transfer of apartment buildings when choosing a method of management”, residential and non-residential premises, the rights of state or municipal property to which were terminated as a result of privatization and other civil legal transactions, in accordance with the legislation of the Russian Federation on accounting, are debited from the balance sheet of unitary enterprises or state and municipal institutions to which they were assigned

on the right of economic management or operational management.

The procedure for the withdrawal of a house that is under the rights of economic management or operational management from a municipal unitary enterprise (MUP) or a municipal institution (MU), in connection with the termination of the rights to it of a local government, the choice of a method of management and transfer of the house to the owners or persons authorized by them next:

Removal from the balance sheet in MUP (MU) and transfer to KUMI;

Acceptance for balance sheet accounting in the municipal treasury (MC) by the municipal property management body (KUMI).

In accordance with article 15 of the LC RF, the accounting of a house in KUMI is given:

In the register of municipal property;

In accounting KUMI.

It should be noted that in the municipal

education, a normative act regulating the maintenance of the register of municipal property must be approved. The persons who have the right to make changes to the registry and the necessary reasons for making changes to it should be determined in this document at the local level. Of course, it should be borne in mind that the Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Organizing Local Self-Government in the Russian Federation” referred the issues of establishing the procedure for accounting for municipal property to the federal level. In accordance with paragraph 6 of article 50 of the said law, such a procedure must be established by federal law. However, before its adoption, one should be guided by the current documents of the municipality when accounting for municipal property.

The procedure for making changes to the register of municipal property should be continued when the apartment building is transferred to management (HOA, managing organization, owners of premises). Thus, the register of municipal property in terms of accounting for the housing stock will be gradually brought into line with the existing legislation.

property, that is, to the accounting of municipal property, and not apartment buildings.

In addition, in connection with the transfer of the house to the management of the owners or persons authorized by them, premises that are not municipal property may be excluded from the register of municipal property. Therefore, making changes to the register of municipal property involves the following actions:

Exclusion from the register of municipal property transferred to the management of the house as an object of accounting;

Inclusion in the register of municipal property of municipal premises as objects of accounting.

Bringing accounting records in line with Article 15 of the LC RF for municipal balance holders involves the following actions:

Removal from the balance sheet of the house as an object of accounting;

Calculation of the cost of municipal premises, if they are included in the house transferred to management;

Acceptance for accounting of municipal premises at the calculated cost.

From January 1, 2006, the procedure for accounting for the property of budgetary organizations is regulated by Order No. 25n of the Ministry of Finance of the Russian Federation dated February 26, 2006 "On Approval of the Instruction on Budget Accounting". In accordance with this Instruction, the budget accounting of the property of the municipal treasury must be maintained by the local government body (LMS), and account 010100000 “Fixed Assets” is intended to account for fixed assets, which reflects data on the cost, wear, acquisition and disposal of treasury property according to the rules established by the Instruction on Budgetary Accounting.

In the absence of property tax benefits at the regional level, the objects of the municipal treasury, accounted for on account 010000000 as fixed assets, will be subject to taxation by the property tax of organizations from the CHI, which is entrusted with the functions

tions of management and disposal of municipal property.

In the event that the right of municipal ownership of real estate objects is not registered with local governments, they should be made on the corresponding sub-accounts of analytical accounting 010601000 “Investments in non-financial assets” (Letter of the Ministry of Finance of Russia dated February 6, 2006 No. 02-14-10a / 239).

The position of the Russian Ministry of Finance is not indisputable. By imposing on the CHI, which manages municipal property, the obligation to maintain accounting records of the treasury, the Ministry of Finance of Russia thereby imposes on it an obligation that is not established by law and regulatory legal acts. I would like to note that the acts of compulsory medical insurance on the procedure for managing the municipal treasury, which were adopted before the adoption by the Ministry of Finance of Russia of the relevant instructions, reflected a slightly different approach to accounting for the property of the treasury. For this, a register was formed, which reflected the accounting of property grouped into sections, indicating a number of characteristics. Thus, at present, the question of the need for accounting of municipal residential premises in the treasury remains open.

Accounting for an apartment building as a management object

As already noted, an apartment building is not an independent object of housing rights. The activities of HOA and management organizations is to manage an apartment building and provide utility and housing services. At the same time, residential and non-residential premises, as well as the common property of an apartment building, cannot be on the balance sheet of these organizations. Consequently, neither the HOA nor the managing organization will be payers of property tax and land tax. The opinion of the Ministry of Finance of Russia on this issue is similar: neither homeowners associations nor municipal organizations should take into account housing

private premises, as well as common property (letters from the Ministry of Finance of Russia dated March 25

2006 No. 03-06-01-04/08, dated August 10, 2006 No. 03-06-01-04/158). However, such property is allowed to be taken into account on off-balance accounts. In our opinion, it is advisable to keep an off-balance sheet of common property if it is intended to transfer the said property for use to third parties under civil law contracts.

The introduction by the Housing Code of the Russian Federation of a new management object, which is an apartment building and, in particular, common property in this building, leads to the need to consider the features of the legal regime of common property in an apartment building.

Composition of common property

Common property in an apartment building belongs to the owners of the premises on the basis of common shared ownership. As a general rule, the share in the right to the common property of the house (participation share) is proportional to the size of the total area of the premises (Article 37 of the Housing Code of the Russian Federation), unless, before the entry into force of the Housing Code of the Russian Federation, the owners of the premises did not establish a different rule by decision of the general meeting or other agreement (Article 15 of the Federal Law of December 29, 2004 No. 189-FZ "On the Enactment of the Housing Code of the Russian Federation").

The composition of the common property of the owners of an apartment building is determined in accordance with Article 36 of the Housing Code of the Russian Federation and the Rules for the maintenance of common property in an apartment building, approved by the Decree of the Government of the Russian Federation of August 13, 2006

No. 491. It should be noted that the list of common property established by the Rules is open, and in order to classify a particular premises as common property, it is important to take into account the following criteria:

The premises must not be part of apartments;

They must be designed to serve more than one room in the house.

In accordance with paragraph 1 of Decree of the Government of the Russian Federation No. 491, the composition of common property is determined by:

Owners of premises in an apartment building - in order to fulfill the obligation to maintain common property;

State authorities - in order to control the maintenance of common property;

Local self-government bodies - in order to prepare and conduct an open competition for the selection of a managing organization in accordance with Part 4 of Article 161 of the LC RF.

Local self-government bodies have the right to send requests about the belonging of individual elements to common property to the body that carries out state registration of rights to real estate and transactions with it, the territorial bodies of the Federal Registration Service3, the body that maintains the state land cadastre4, and to the bodies for state registration of real estate objects5.

Registration of the right to a common share

property

In accordance with the Civil Code of the Russian Federation and the Federal Law of July 21, 1997 No. 122-FZ “On State Registration of Rights to Real Estate and Transactions with It”, the right

3 Decree of the President of the Russian Federation of October 13, 2004 No. 1315 “Issues of the Federal Registration Service”.

5 Decree of the Government of the Russian Federation dated October 13, 1997 No. 1301 “On state accounting of the housing stock in the Russian Federation”.

ownership and other property rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register.

When entering information about residential or non-residential premises into the Unified State Register of Rights to Real Estate and Transactions with It (USRR), information on the composition of the common property is also indicated.

In cases where an object of common property is transferred for use (for example, on lease) to any person or is the subject of other transactions on the basis of which the right of common shared ownership is limited, when a new object of common property is erected, state registration of rights to the specified object is required. The procedure for state registration of rights to real estate objects that are common property in an apartment building is established by the Instruction "On the specifics of making entries in the Unified State Register of Rights to Real Estate and Transactions with It", approved by order of the Ministry of Justice of the Russian Federation dated February 14, 2007 No. 29 (hereinafter referred to as the Instruction).

An application for state registration of the right of common shared ownership to the registering authority may be submitted by the following persons:

1) owners of premises in an apartment building;

2) representatives of the owners of premises in an apartment building (authorized by powers of attorney, by decision of the general meeting of owners, on other legal grounds);

3) the chairman and (or) another member of the board of the HOA on behalf of the general meeting of members of the HOA.

Together with the application to the registration authority, the following are provided (clause 7 of the Instructions):

Documents on the formation by a public authority or local government of a land plot on which an apartment building is located, if the land plot was formed after the entry into force of the Housing Code of the Russian Federation;

The decision of the general meeting of owners of premises in an apartment building on the formation of a land plot on which an apartment building is located (if the land plot was not formed before the entry into force of the Housing Code of the Russian Federation);

Real estate plans, including the cadastral plan of the land plot on which the apartment building is located, as well as the technical accounting document of the apartment building, containing information on the composition of the common property in the apartment building;

Consent to reduce the size of common property in an apartment building of all owners of premises in this house through its reconstruction;

The decision of the general meeting of owners of premises in an apartment building on the reconstruction of an apartment building (including its expansion or superstructure), the construction of outbuildings and other buildings, structures, structures;

The decision of the general meeting of owners of premises in an apartment building on the limits of the use of the land plot on which the apartment building is located, including the introduction of restrictions on its use, if such restriction (encumbrance) of the right of common shared ownership is subject to state registration;

The decision of the general meeting of owners of premises in an apartment building on the transfer for use of common property in an apartment building, if state registration is subject to restriction (encumbrance) of the right of common shared ownership of the property;

An agreement on a new encumbrance of a land plot with the right of limited use between a person requiring such an encumbrance of a land plot and the owners of premises in an apartment building, if restriction (encumbrance) of the right of common shared ownership of a real estate object is subject to state registration.

Entering into the Unified State Register of the amount of shares in the right of common shared ownership of the object

real estate of the owners of premises in an apartment building is carried out on the basis of the information contained in the decision of the general meeting of owners submitted for state registration on common property in an apartment building (Article 15 of the Law on the Enactment of the Housing Code of the Russian Federation, Article 245 of the Civil Code of the Russian Federation).

A certificate of state registration of rights in connection with state registration of the right of common shared ownership of real estate objects is not issued to the owner of premises in an apartment building. Such information is included in the certificate of state registration of rights issued to the owner of premises in an apartment building by entering a description of real estate objects and indicating the size of the share in the common ownership right to it in accordance with paragraph 39 of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with him, approved by the Decree of the Government of the Russian Federation of February 18, 1998 No. 219.

Thus, information about the rights to common property in apartment buildings will be formed gradually, by making entries in the USRR in cases established by law.

Technical accounting of an apartment building

As already noted, Article 19 of the Housing Code of the Russian Federation provides for state accounting of the housing stock, which includes, among other things, the issuance of technical passports for residential premises. It should be noted that the legislation does not address the issue of separate certification of the common property of the house. When changing the managing organization, it is advisable to draw up a document that would describe in detail the composition of the common property (act of the state of the common property). Currently, the basis of such a document can be technical inventory documents (technical passport of the house).

Decree of the Government of the Russian Federation of August 13, 2006 No. 491 to the Ministry of Economic Development

Development and Trade of the Russian Federation (Ministry of Economic Development of Russia) was instructed to approve, by October 1, 2006, the procedure for determining the composition of the common property of owners of premises in an apartment building and the form of a document for the technical accounting of such property. But so far no such document has been adopted.

Earlier, the Decree of the Government of the Russian Federation dated June 6, 2005 No. 722-r approved the Plan for the preparation of draft resolutions of the Government of the Russian Federation necessary for the implementation of the Housing Code of the Russian Federation. By this order, the Ministry of Economic Development of Russia was instructed to prepare a draft resolution of the Government of the Russian Federation on amendments to the regulatory legal acts on state technical accounting and technical inventory in the Russian Federation of real estate in the housing sector, including the form of a technical passport for residential premises.

At the same time, the Housing Code of the Russian Federation, other federal laws, the Rules for the maintenance of common property in an apartment building, approved by Decree of the Government of the Russian Federation of August 13, 2006 No. 491, and other regulatory legal acts of the Russian Federation do not give the right to make a decision of the general meeting of owners of premises in an apartment building on the choice of a method for managing such a house and actions to implement this decision, depending on the definition of the composition of the common property of the owners of premises in an apartment building in the manner established by the Ministry of Economic Development of Russia. In the absence of an approved procedure for determining the composition of the common property, as well as the form of a technical accounting document for the common property, the specified accounting is carried out to the extent that is actually possible in practice.

In accordance with paragraph 24 of Decree of the Government of the Russian Federation No. 491, information on the composition and condition of common property is reflected in the technical documentation for an apartment building, which includes:

Documents of technical accounting of the housing stock, containing information on the state of common property;

Documents (acts) on the acceptance of the results of work;

Acts of inspection, checking the condition (testing) of utilities, metering devices, mechanical, electrical, sanitary and other equipment serving more than one room in an apartment building, structural parts of an apartment building (roofs, enclosing load-bearing and non-bearing structures of an apartment building, objects located on the land plot, and other parts of the common property) for compliance of their operational qualities with the established requirements;

Instructions for the operation of an apartment building in the form established by the federal executive body responsible for developing state policy and regulatory legal regulation in the field of construction, architecture, urban planning and housing and communal services. Regulations on the development, transfer, use and storage of operating instructions for an apartment building, approved by order of the Ministry of Regional Development of Russia dated June 1, 2007 No. 45.

Other documents related to the management of an apartment building include:

A copy of the cadastral plan (map) of the land plot, certified by the body carrying out activities to maintain the state land cadastre;

An extract from the USRR containing information on registered rights to real estate objects that are common property;

A copy of the town-planning plan of the land plot certified by the authorized body of local self-government in the prescribed form (for apartment buildings, the construction, reconstruction or overhaul of which was carried out on the basis of a building permit obtained after the establishment by the Government of the Russian Federation

forms of town-planning plan of the land plot);

Documents specifying the content and scope of the easement or other encumbrances, with an attached plan certified by the relevant organization (body) for state registration of real estate objects, which indicates the scope and border of the easement or other encumbrances related to a part of the land plot (if any easement);

Project documentation (copy of project documentation) for an apartment building, in accordance with which the construction (reconstruction) of an apartment building was carried out (if any);

Other documents related to the management of an apartment building, the list of which is established by the decision of the general meeting of owners of premises.

Other documents include the list of documents specified in paragraphs

1.5.1-1.5.3 Rules and norms for the technical operation of the housing stock, approved by the Decree of the State Committee of the Russian Federation for Construction and Housing and Communal Complex dated September 27, 2003 No. 170. are advisory.

To the technical documentation of long-term storage, these Rules include:

Acts of acceptance of residential buildings from construction organizations;

Schemes of intra-house networks of water supply, sewerage, central heating, heat, gas, electricity, etc. (a diagram of intra-house networks is attached for information);

Passports of boiler facilities, boiler books;

Passports of the elevator industry;

Passports for each residential building, apartment and land plot;

Executive drawings of ground loops (for buildings with grounding).

Documentation replaced due to its expiration includes:

Estimates, inventories of work for current and major repairs;

Acts of technical inspections;

Journals of applications of residents;

Protocols for measuring the resistance of electrical networks;

Ventilation measurement protocols.

Clause 1.6 of the Rules and Norms of Technical

operation of the housing stock obliges the owners of the housing stock or their authorized persons to timely make changes to the executive documentation on the layout of the premises, structural elements and engineering equipment resulting from repairs, reconstruction, modernization, redevelopment and improvement of amenities, with the adjustment of the technical passport for the house, buildings and land plot.

Depending on the method of managing an apartment building, the obligation to store the technical documentation for the house lies with the managing organization, the homeowners association (housing cooperative, housing construction cooperative), owners of premises in the house6.

The data provided by technical accounting and technical inventory organizations do not contain all the information necessary to assess the state of common property when choosing a method for managing an apartment building7.

Thus, at present there is a problem of lack of technical accounting of the common property of an apartment building. Partially, this problem was solved with the adoption of the Regulations on the development, transfer, use and storage of operating instructions for an apartment building8. In accordance with paragraph 4 of the said Regulations, the Instructions include recommendations

recommendations of the developer (contractors) for the maintenance and repair of common property in an apartment building, the recommended service life of individual parts (objects, elements) of common property. The instruction contains a general description of the apartment building, and, accordingly, the composition and characteristics of the common property. At the same time, the development and maintenance of instructions for the operation of multi-apartment buildings apply to multi-apartment buildings, the operation permit for which was received after July 1, 2007.

Therefore, before the adoption of the relevant regulatory legal act, which will approve a single form of a document for the technical accounting of the housing stock, containing information on the state of the common property, taking into account the fact that the legislation of the Russian Federation does not put the right to make a decision of the general meeting of owners of premises in an apartment building on the choice of method management of such a house and actions to implement this decision, depending on the determination of the composition of the common property of the owners of premises in an apartment building in the manner established by the Ministry of Economic Development and Trade of the Russian Federation, technical accounting of the common property is not carried out in full.

Financial accounting of an apartment building

As already noted, due to the fact that residential (non-residential) premises, as well as common property, must be taken into account, there is no need for homeowners, a management company or HOA to keep accounting records for such property.

6 Part 10 of Article 162 of the Housing Code of the Russian Federation; letter of the Ministry of Regional Development of the Russian Federation dated December 20, 2006 No. 14313-RM/07.

7 In accordance with paragraph 15 of the Decree of the Government of the Russian Federation dated October 13, 1997 No. 1301 “On state accounting of the housing stock in the Russian Federation”, the procedure for accessing and issuing information from the BTI archives is determined by the executive authorities of the constituent entities of the Russian Federation.

8 The regulation on the development, transfer, use and storage of the operating instructions for an apartment building was approved by order of the Ministry of Regional Development of the Russian Federation dated June 1, 2007 No. 45.

At the same time, one of the functions of the managing organization or HOA, depending on the choice of the method of managing an apartment building, is to control the proper maintenance of the common property of an apartment building.

The reporting information of the homeowners association, the managing organization should include information on the work performed, services provided for the maintenance of common property in an apartment building, as well as information on violations found in the performance of work and the provision of services, etc. Management organizations must keep separate records of expenses and income for each apartment building they manage.

Reporting information provided to the owners of a particular building may be reflected in the form of a personal account of an apartment building. The personal account of an apartment building is compiled on the basis of data from the primary financial statements of the HOA or management organizations, as well as data from technical documentation. In the personal account of an apartment building, it is recommended to reflect information on income and maintenance costs

apartment building, the provision of public services, the implementation of other activities aimed at achieving the goals of maintaining and using common property in an apartment building. In the event that the owners of premises in an apartment building form special funds (reserve, for the restoration and repair of common property in an apartment building and its equipment), it is recommended to reflect information on the state of these funds in the personal account of an apartment building: a list of special funds, sources of income for special funds, directions the use of funds from the funds and the balance of funds at the end of the reporting period. Information on the state of special funds makes it possible to plan the spending of funds from special funds, to control the spending of these funds.

Thus, a personal account is one of the tools for monitoring and evaluating the effectiveness of the activities of managing organizations or HOAs in managing an apartment building and can be used as a tool for assessing the "financial stability" of an apartment building.

EP| JSC "Center of Municipal Economy" I§1 60 years in the housing and communal services sector

Provides services in the following areas:

Development of integrated development programs and investment programs Normative support for financing the overhaul of houses Development and independent examination of production programs Development of utility consumption standards Calculation of the cost of mandatory and additional works and services Development of criteria for the availability of utilities Development of economic norms and standards

Each real estate object, according to the law, must be registered in the cadastre. This provides a complete list of the owner's powers and guarantees them. Without registration, real estate is not recognized as an object of ownership. For this reason, putting the house on the cadastral register is the primary task of any owner.

The cadastral registration of the house is necessary in the following cases:

at the completion of the construction of the house;
when disposing of the building;
when you make changes to object information.

Even when resolving litigation, it is precisely on the basis of registration and data in the cadastre that the characteristics of the disputed property, including information about the owner, are established. You can register as part of the house and the whole house, as well as unfinished buildings as such.

In general, the registration of an object gives the owner the following powers:

the right to own and dispose of the object at its own discretion;
the right to transfer the object as collateral, including under a loan;
exchange it or leave it by inheritance;
implement the object.

Registration of a residential building in a single database and in the public domain guarantees the protection of the rights of owners from violations by third parties (squatters, scammers, etc.).

So how do you register a house? To begin with, it is worth noting that the registration of private houses, as well as the cadastral registration of an apartment building, is an optional procedure. It is carried out at the request of the owner of the house and in his interests. Due to the above circumstances, it is still recommended to register a house. The procedure itself is not difficult and does not require much time to carry out.

Registering a house consists of the following steps:

Collection of documents.
Choice of the method of submission of documents to the authorized body.
Payment of the established fee.
Preparation of an application and submission by the chosen method.

You can submit the collected documents and application in the following ways:

direct appeal to the authorized bodies;
through the MFC;
submitting an online application;
postal service;
ordering a field service of the cadastral authority.

Payment of state duty is mandatory. Its amount is different. It all depends on the form of the answer. It consists in issuing a cadastral passport for a private house. So:

When ordering a passport on paper, the fee is 200 rubles.
When ordering a document in electronic form - 150 rubles.

The receipt must also be submitted when applying. When applying online, the receipt is shown at the time of receiving the passport.

The legislative norms establishing the list of documents for state registration of private houses are very often amended. To have more reliable information, you need to contact the local branch of Rosreestr or Multifunctional centers of settlements. It is also where the registration of a private house is carried out.

The following documents are required to register a house for cadastral registration:

application according to the established form (issued and filled out on the spot);
a valid and realistic technical plan of a private house;
document defining the right of the owner in the original;
plan of a private house from BTI;
permits for construction work.

It is also necessary to present the owner's passport in the original. A copy of the passport is taken on the spot. Otherwise, a copy can be certified by any notary. When carrying out the procedure through a representative, a notarized power of attorney on behalf of the owner is also required.

The verification of the authenticity of the submitted documents is carried out by an employee of the relevant authority. If a forgery or inaccuracy of data is detected, the acceptance of documents will be refused.

The technical plan is a mandatory inventory document for any construction project. It contains information, the list of which is strictly defined, and without which it will not be possible to register a private house in a single database of real estate objects.

Unlike the registration certificate, which is issued for housing when registering an apartment building on the cadastral register, in the technical plan of a private house, a strict binding to the site is determined. In other words, without a land plot, a private house cannot act as a separate piece of real estate, and therefore be transferred to another owner.

At the same time, the binding is carried out by coordinates and turning points on the territory of land ownership, so that it will be possible to find a private house on an electronic map with 100% accuracy. This ensures not only the individuality of the object, but also guarantees the protection of the rights of the owners.

As a general rule, it is possible to draw up a technical plan only for objects of completed construction. However, in cases where it is necessary to register the ownership of an unfinished private house (the emergence of a litigation, sale), the Bureau of Technical Inventory draws up a plan for such an object.

It should be noted that the preparation of a technical inventory plan is carried out exclusively by professional cadastral engineers. A document prepared by other persons has no official force and cannot be submitted to state bodies.

To obtain this document, you must submit to the BTI:

permission from the administration to put the facility into operation;
design documents drawn up during construction;
if the construction was completed before 2013, you must also submit a technical passport, also drawn up before the specified date.

If the owner does not have any documents for a private house, then you need to start by filling out a declaration for a new property. Such a declaration is drawn up by the owner himself in order to present it to specialists for execution of technical and project documentation.

Consideration of the application of the owner and the issuance of a cadastral passport for a private house are carried out at different times, depending on the following circumstances:

when an application for re-issuance of a passport is submitted - 5 days;
when submitting an application for initial registration or making changes to cadastral data - 10 days.

Local administrations of settlements and the authorities of the subjects of the federation can independently determine the indicated terms. However, they cannot be greater than those indicated above.

When submitting an application and documents through multifunctional centers, it is also necessary to specify the terms in which the center transfers the application to the cadastral chamber. The indicated periods begin to be calculated only from the moment the MFC transfers all the necessary documents to the authorized body.

Cadastral passport of a private house

The result of the registration of a private house is a cadastral passport issued for it. This document contains information about a private house as a real estate object. It indicates the following characteristics of a private house:

intended purpose (residential premises);
location;
availability of utilities (gas, electricity, water);
area size;
number of floors (no more than three);
the number of residential and non-residential premises.

If the parameters of the structure change, the cadastral chamber must be informed about this. To do this, a new application is submitted with a new technical passport of a private house. Without this, disputes are possible when changing ownership or paying taxes.

When selling, donating or buying, as well as inheriting a private house, a cadastral passport must be submitted to the registering authority. However, when submitting documentation to government agencies, for one reason or another, it is not necessary to submit a passport of a private house. In turn, employees of state bodies do not have the right to demand it, since it is obtained by the body itself by submitting a request to the cadastral chamber or Rosreestr.

Refusal to register a property

The main rule when receiving a refusal from the authorized body is to apply to the court. Sometimes the grounds for refusal may be insignificant or erroneously accepted, so that it is possible to sort it out through the judicial authority.

In general, a refusal can be given for the following reasons:

errors in filling out documents;
lack of documents;
submission of an application by an unauthorized person;
implementation of illegal construction;
implementation of construction in violation of the law;
the object does not have access to transport routes;
if the house or the area under it is located on the territory of two districts (settlements) at once.

If the construction is illegal, then it can be legalized only through the court, proving that at the time of the construction work it was not possible to obtain permits. At the same time, it should be borne in mind that illegal construction objects can be demolished by a court decision.

The reason for the refusal must be presented in detail and in writing by the employees of the authorized institution. If these reasons can be eliminated on your own, without going to court, then by making this application you can re-submit.

Thus, putting the house on cadastral registration in a single database of real estate objects and obtaining a cadastral passport - although not necessary, is recommended. This allows the owner to publicly declare his rights, as well as openly exercise them in cases of disposing of his house as property.

Cadastral registration

Entering information about capital construction objects (ACS) into the Unified State Register of Real Estate (EGRN) is carried out on the basis of a document prepared by a cadastral engineer - a technical plan of a building (premises, structures, construction in progress or a single immovable complex).

Federal Law “On State Registration of Real Estate” dated July 13, 2015 N 218-FZ provides answers to the procedure for putting a property on the state cadastral registration of real estate and state registration of rights.

What do you need to take care of first?

Commissioning of an apartment building- the concern of the developer, who needs to prepare a package of documents. To make a decision on issuing permission to enter objects and the following documents are required for operation:

statement;
town-planning plan of the land plot;
title documents for a land plot, including an agreement on the establishment of an easement, a decision on the establishment of a public easement;
building permit;
an act confirming the compliance of the parameters of the constructed, reconstructed capital construction facility with the design documentation;
a diagram showing the location of the constructed, reconstructed OKS, the location of engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot;
technical plan, etc.

According to the Civil Code of the Russian Federation, in order to put an object into operation, the developer applies to the federal executive authority, the executive authority of the constituent entity of the Russian Federation, and the local government. Only on the basis of this permit can residents be settled.

The procedure and terms of cadastral registration

According to the Federal Law “On State Registration of Real Estate” dated July 13, 2015 N 218-FZ, when carrying out state cadastral registration of an apartment building, the state cadastral registration of all residential and non-residential premises located in it is simultaneously carried out, including those that constitute common property in such an apartment building, and also located in such an apartment building parking spaces.

Documents on the basis of which a technical plan of an apartment building can be prepared - permission to put such a building into operation, project documentation or a technical passport of such a building prepared before January 1, 2013.

By deadline cadastral registration of MKD takes less than a month. About 2 weeks the documentation is considered in the department of urban planning, another week - in Rosreestr. The data will be entered into the USRN for a period of about 10 days. To process cadastral registration of an apartment building not frozen due to incorrectly executed documents or lack of one of the certificates, it is worth contacting professionals.

The cost of services for the preparation of a technical plan for an apartment building (MKD) can be clarified by calling 8-905-259-67-68. Consultation of developers (legal entities, individual entrepreneurs) and individuals is free of charge!

Specialists of Mir Cadastre LLC will take care of all the hassle associated with the preparation of documentation and procedures necessary for registering an apartment building.

Why do you need to put an apartment on the cadastral register?

This is necessary so that the property owner can fully manage one's property.

For example, housing not included in the cadastre cannot be sold or bequeathed.

Who can register real estate? The application can be submitted by the legal owner of the property, or his representative, who has a notarized power of attorney.

Ways

How to carry out setting on the cad. uch. housing in an apartment building? To complete the procedure, you must submit an application and documents to the Rosreestr in one of the following ways:

In the office of the Cadastral Chamber.
At the MFC office (read also about).
Send via mail. Forwarding correspondence will increase the registration period.
In electronic form on the official portal of Rosreestr.
To do this, all necessary documents in electronic form must be signed by means of an EDS (electronic digital signature) certified in accordance with the legislation of the Russian Federation.
More information about all the requirements for electronic documents can be found on the Rosreestr website.
Field service is also possible, in which Rosreestr employees on a reimbursable basis can both accept and issue documents at any place convenient for the applicant.

You can learn about the procedure for obtaining a passport for an apartment through a portal or website from our articles.

Required documents

Registration of real estate is carried out by Rosreestr.

First you need to collect a package of necessary documents.

Originals or notarized copies required the following documents:

an application filled out in the prescribed form;
the passport;
documents that confirm the ownership of real estate;
(Bureau of Technical Inventory). The plan should include a drawing of the apartment and all its premises, and also contain a verbal description.

These documents are submitted to Rosreestr in one of the above ways, after which they are issued.

You can find out what documents are required in Rosreestr, as well as on our website.

Terms and cost

How much does this procedure cost?

Registration takes place without the collection of state duty. The fee is charged only if the production of a cadastral passport is required - 200 rubles for individuals.

You can find out how to get it from our article.

cadastral registration is obligatory, but not very complicated procedure. To do this yourself, you need to contact Rosreestr.

After 2013, all new buildings are registered by the developer and automatically receive. The owner of such apartments only needs register property rights.

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