How to get a cadastral passport for non-residential premises? State duty and other nuances of the procedure

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April 30, 2021 No comments

The land plot on which a private house is located, according to civil law, is an integral part of home ownership.

But now it is necessary, for example, when concluding a sale and purchase agreement, to receive an extract of registration separately for a plot of land and for an individual house.

The issue with technical documentation is solved in the same way, that is, for each property you need to have your own document.

The land plot by virtue of the law refers to immovable property.

You need to have a registration certificate for a private house or apartment, and a land plot plan for land.

This article deals with the questions of what a BTI land plot plan is, what it is for, in what situations it is used, and also its difference from a technical passport for a plot.

What is this?

The land plot has been issued by the cadastral chamber since 2003. Land, not formed in plans before this period, is registered in the manner prescribed by the Land Code.

The technical passport of the BTI for a land plot without a building is currently not issued.

The technical passport, produced before 2013, was the basis for registering the property in the Unified Register of Owners (USRR).

To carry out operations with land plots, both in civil and commercial circulation, it is necessary to obtain a cadastral passport, which is the only legitimate document at the moment.

Who is in charge of roof maintenance

In accordance with the Housing Code of the Russian Federation (Housing Code of the Russian Federation), the management of an apartment building involves maintaining the proper condition of the common property, to which the roof belongs.

Decree of the Government of the Russian Federation of 13. 8. 006 No. 491 allows you to determine who should repair the roof in an apartment building, carry out maintenance work and clean the roof from snow and ice. This is the responsibility of the Criminal Code.

Lack of prevention leads to premature wear of roof elements and loss of performance, resulting in:

  • cracks and chips of the rafter system appear;
  • decay processes begin;
  • the temperature and humidity regime in the attic changes.

As follows from the Rules for the maintenance of common property in MKD, all work is carried out at the expense of the owners, collected by making monthly payments for repairs. This money is accumulated on a special account, then it is transferred to the one who has to do the repair of the roof - the contractor company.

Activities for the maintenance of MKD are concentrated in the hands of the Criminal Code or the Association of Home Owners (HOA).

The management method is chosen by the tenants, and the decision is made in the minutes of the general meeting. An agreement is concluded with each of the owners, which regulates the conditions of the manager's activities and responsibility for violations of its provisions.

Responsibility for the maintenance of the house may be imposed on the HOA if more than 50% of the owners voted for this form of management. Repair of common property in this case is made at the expense of residents' contributions or the state budget, if MKD participates in such programs.

Flat and pitched

It is not entirely fair to call flat roofs flat because they have a slight slope of two or three degrees. It is needed so that rain and melt water flows through the water intake funnels into the internal drain, which runs through the entire house from the roof to the first floor.

To repair a flat roof, the first step is to remove the old waterproofing. Most often these are several layers of roofing material on a cardboard basis. Under them is a reinforced sand-concrete screed. If it also requires repair, it is partially re-cast or replaced entirely. On top of the renewed screed, a polymer-bitumen material is laid, which is also called a soft, or weldable, roof. This material is based on polyester. Due to its deformation properties, it allows the roof to withstand the sharp temperature drops inherent in our latitudes during the cold season.

What is included in the ongoing renovation work?

Current repairs ensure the maintenance of the property in proper operational condition. Within its framework, defects arising from use or downtime are eliminated, and the functional and aesthetic qualities of the premises are improved. Measures of this level cannot include the complete replacement of the engineering equipment of the building or affect the supporting structures of the building.

Help! if necessary, during the current repair, limited restoration of individual parts of the structure is allowed - in an amount not exceeding 20% ​​of the total volume of structures of non-residential premises.

In accordance with Appendix No. 7 to the Decree of the State Construction Committee of the Russian Federation No. 170 of 27. 9. 003, the list of works carried out as part of the current repair may include:

  • elimination of damage and strengthening of foundations;
  • sealing and insulation of wall joints and seams, sealing cracks, painting and repairing facades, restoring architectural elements, replacing wall cladding from wood;
  • replacement or restoration of elements of windows, doors, balconies, stairs, canopies of entrance groups;
  • repair of floors, replacement of floor, ceiling covering, renewal of wall decoration;
  • < li> installation and replacement of elements of internal communications and restoration of their operability (sewerage, water supply, electricity and gas supply);
  • restoration of the functionality of the ventilation system, garbage chute.

In practice, routine repair of non-residential premises, as a rule, includes painting or pasting walls, patching the floor, restoring doors and windows, eliminating communication defects (leaks, power failures, etc.), replacing consumable items (for example , lighting devices).

Overhaul of non-residential premises legislation

As a general rule, the tenant of any property, including non-residential premises, is obliged to bear the costs of maintaining such property, maintain it in good condition and carry out current repairs at its own expense, and the lessor is obliged to make overhaul of leased property (Article 616 of the Civil Code of the Russian Federation). A different procedure for the distribution of these duties may be established by law, other legal acts or a lease agreement. At the same time, civil legislation does not specify what is meant by overhaul, maintenance and maintenance of property in good condition. In this regard, taking into account that non-residential premises are actually an integral part of buildings, structures, structures, that is, part of capital construction projects (paragraph 10 of Art. 1 of the Urban Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation)), in law enforcement practice, to distinguish between the concepts of capital and current repairs of premises, regulatory legal acts are used that regulate issues of urban planning and construction activities (see, for example, resolutions of the Federal Antimonopoly Service of the West Siberian District of 26.3. 014 N F04-2331 / 14, Sixth AAS from 27.9.012 N 06AP-4220/12, Nineteenth AAS from 18.011 N 19AP-747/11, Eighth AAS from 09.1.010 N 08AP-8098 / 2010, Eighteenth AAS dated 25.2.009 N 18AP-9872/09). So, for example, according to paragraph 14. Art. 1 of the Civil Code of the Russian Federation, major repairs include: replacement and (or) restoration of building structures or elements of such structures, with the exception of load-bearing building structures; replacement and (or) restoration of engineering support systems and engineering support networks or their elements; replacement of individual elements of load-bearing building structures with similar or other elements that improve the performance of such structures and (or) restoration of these elements. A similar definition of overhaul is contained in clause 3. Methods for determining the cost of construction products on the territory of the Russian Federation. MDS 81-35. 004, approved by the decree of the State Construction Committee of the Russian Federation dated 05.3.004 N 15/1. In turn, the specified norm gives a definition and current repair, which is understood as systematically and timely work carried out to prevent wear and tear of structures, finishes, engineering equipment, as well as work to eliminate minor damage and malfunctions. Definitions of current and major repairs, as well as an approximate list of works attributable to one or another type of repair, are also given in the Departmental building codes VSN 58-88 (r) "Regulations on the organization and implementation of reconstruction, repair and maintenance of buildings, utility and socio-cultural purposes ", approved by the order of the State Committee for Architecture and Construction under the USSR State Construction Committee of 23. 1. 988 N 312 (hereinafter - VSN 58-88 (p)), in the Regulations on preventive maintenance of industrial buildings and structures MDS 13-14. 000, approved by the decree of the USSR State Construction Committee of 29.2.973 N 279 (hereinafter - the Regulation of the MDS 13-14. 000). It should be noted that these normative acts also contain norms that provide for the procedure for determining the need for current repairs. In particular, clause 4. VSN 58-88 (r) says that current repairs should be carried out according to five-year (with assignments by year) and annual plans. Annual plans (with the distribution of tasks by quarters) should be drawn up to clarify five-year plans, taking into account the results of inspections, developed estimate and technical documentation for current repairs, measures to prepare buildings and facilities for operation in seasonal conditions. And in clause 3. Provisions of the IBC 13-14. 000 current repair works are carried out regularly throughout the year according to schedules drawn up by the Department (bureau, group) of operation and repair of buildings and structures of the enterprise on the basis of inventories of general, current and extraordinary inspections of buildings and structures, as well as at the request of personnel operating the facilities (chiefs workshops, farm managers). As can be seen from the above standards, the implementation of current repairs is due to the objective need to carry out work related to such repairs, and such a need is identified on the basis of property inspections and requests from personnel operating the corresponding facility. Nevertheless, it should be borne in mind that the application of these norms to lease relations is not directly provided for by civil legislation; they can only serve as an additional argument for the parties to the lease agreement when defending their position in court. In this connection, the parties entering into a lease agreement are recommended to agree in the agreement itself or in additional agreements to it on the procedure for the lessee's performance of the obligation for maintenance, including the frequency of such repairs or the procedure for determining its need, as well as the types of work related to it. As for maintaining property in proper condition, neither civil legislation nor other regulatory legal acts contain any clear definition of this concept. In law enforcement practice, it is also interpreted ambiguously: this term can be understood as the whole range of actions of the owner or other legal owner of property for capital and current repairs, insurance, registration, security, making utility bills, paying taxes on property, special (technical, sanitary and others) inspection of this property (see, for example, the IC determination in civil cases of the Supreme Court of the Russian Federation of 27.7005 N 56-G05-6), and only the tenant's actions to maintain the premises in a condition corresponding to the transferred one (see, for example, resolution of the Eighteenth Arbitration Court of Appeal dated 30. 2. 015 N 18AP-15153/15). At the same time, the delimitation of actions for current repairs and actions for maintaining property in proper condition, both in the first and in the second interpretation options, becomes problematic. In this regard, judicial practice comes to the conclusion that the content of the tenant's obligation to maintain the property in good condition should be determined by the courts in each case individually, according to the rules for interpreting the contract, provided for in Art. 431 of the Civil Code of the Russian Federation, that is, proceeding not only from the content of a specific condition, but also from the content of all the terms of the agreement in aggregate and its meaning as a whole, as well as taking into account the actual common will of the parties when they conclude an agreement (see, for example, the resolution of the FAS of the Ural District from 10. 3.004 N Ф09-534 / 04ГК). Considering the above, the parties to the lease agreement, in order to avoid litigation, are advised to independently determine what actions of the tenant should be considered actions to maintain the property in good condition and what is the difference between such actions and the implementation of current repairs.

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The material was prepared on the basis of an individual written consultation provided within the framework of the Legal Consulting service. For more information about the service, contact your manager.

An act of acceptance and transfer of an apartment in a new building is a very important legal document governing the process of transferring real estate from developers to buyers (equity holders).

Since there is no single state standard for such a document, it can be drawn up by hand in any form.

When is it compiled?

After the house is put into operation and its acceptance by the state commission, the equity holders must inspect the apartment, as a result of which an act of acceptance and transfer of the object and an inspection sheet (defective statement) will be drawn up in the event that defects and imperfections.

The main purpose of the document is the fixation by the shareholder of those defects that were made by the developer during the construction process.

The inspection sheet is being filled in:

  • After the acceptance of the residential building by the state commission (60 calendar days are allotted for this from the date of commissioning).
  • On the day the apartment keys are handed over to the equity holders.
  • Immediately before drawing up the acceptance certificate for the apartment, which is the subject of the contract.

General procedure and rules for acceptance

By the time of signing the acceptance certificate, the apartment building (MKD) must be put into operation and have a mailing address. The Bureau of Technical Inventory (BTI) must measure all premises and issue technical passports to the developer, indicating the square area of ​​each specific apartment.

After that, the process of acceptance of apartments by buyers begins:

  • The developer notifies the equity holders of their readiness to hand over the object. He can do this by phone or send a notice by certified mail. Usually, the developer informs about the completion of construction 2 months before handing over the keys.
  • Within 7 days after receiving a notification from the construction organization, the shareholder must confirm his intention to accept the apartment - make an appointment.
  • If the buyer does not respond to the invitation or evades acceptance for more than 2 months, the developer has the right to sign the acceptance certificate unilaterally (clause 6 of article 8 of Federal Law No. 214 of 30. 2. 014).

As a general rule, acceptance of a new apartment is carried out in two stages:

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