Each property must be registered in the USRN, which leads to its registration with cadastral registration. Based on the data available in the registry, it is possible to make various transactions with the object, and also tax is charged. But often there is a need to remove from the cadastral registration of the property. The procedure is performed only if there are good reasons. To do this, it is necessary to transfer to the registry employees a correctly prepared application and other documents that serve as evidence of the need to remove property from the register.
Grounds
Withdrawal from the state cadastral registration of a property can only be carried out if there are good reasons. Based on this process, the object ceases to exist, therefore, such legal actions should be performed taking into account the requirements of Federal Law No. 221.
The procedure is carried out in the following situations:
- the object is destroyed for various reasons, for example, after exposure to various natural disasters or fire;
- the structure is dismantled in accordance with the requirements of the law;
- significant characteristics of the structure change, which are unique, which leads to the fact that the existence of the object in its previous form is impossible.
All these facts are without fail cited in a statement submitted to the Rosreestr. The grounds for deregistration of the property may be different, but they will have to be proved using official documents. Photos of the site or building must be attached to them, confirming the information provided in the application.
Which object can be removed from the register?
Withdrawal from cadastral registration of a property may be carried out in relation to the following objects:
- plot of land;
- multi-story buildings;
- apartments or separate premises located in the building;
- private houses;
- rooms in the building;
- non-residential buildings and facilities.
If buildings or structures become unusable, then they are first recognized as emergency. After this, the property is removed from the cadastral registration, which leads to changes in the balance of the administration or private owner. All remaining elements on the site are dismantled.
Without this process, it will not be possible to build a new building on the site where the demolished object is registered. Only after registering the cancellation of the facility can you engage in new construction.
When are changes made?
Often, some adjustments to the real estate registry are required, but the property is not deregistered. These situations include:
- reconstruction of the structure, which consists in the completion of the object, which leads to a significant change in the initial characteristics, for example, to increase the area, appearance or layout;
- combining several buildings into one building with a single roof, for which continuous passages or tunnels can be formed;
- separation of the object, for which capital walls are being built inside, and the roof is also divided into two separate buildings;
- reorganization of a communal apartment into an ordinary apartment;
- the creation of a communal apartment from the apartment;
- reorganization of a land plot, for which several plots are combined into one plot;
- division of a large allotment into several separate territories;
- completion of the facility construction procedure;
- cancellation of temporary registration for any building.
In addition, other situations may arise when it is required to remove a certain structure from cadastral registration. They are associated with different duties and rights of owners.
What is cadastral registration for?
Cadastral registration is represented by the systematization of data on various real estate objects. The register contains information on what features these or other buildings have. Due to this, it is possible to identify any structure.
All information is certainly contained in the USRN, represented by a single register of real estate. The procedure for making and changing data is carried out by Rosreestr employees. Accounting begins with the construction of the facility and its commissioning. Each object is given a unique number that does not change over time. Owners use this number to exercise their rights. All real estate transactions are implemented with the simultaneous entry of relevant information in the register. Therefore, if an object is demolished or destroyed for various reasons, then the property is removed from the state cadastral registration.
What documents are required?
To remove the building from cadastral registration, the owner must prepare the necessary documentation for this. The following documents belong to it:
- owner's passport;
- extract from the USRN or a certificate of ownership, confirming that the applicant is indeed the owner of a certain property;
- correctly formed statement;
- inspection report.
The procedure is carried out only on the basis of the information contained in the inspection report. It confirms that a really specific object cannot be used further for its intended purpose for various reasons, therefore it is required to remove it from the register. An act is drawn up exclusively by the cadastral engineer.
The application is compiled in the form of Rosreestr, so the form can be taken directly from the office of this institution. Employees of the organization must see that the application for deregistration of the property is signed by the direct owner.
How to draw up a survey report?
The examination procedure is performed by engineers, so you can call a specialist using a call to Rosreestr or BTI. If government workers do not provide this service, then you will have to contact private offices that have a license and a work permit.
The appointed contractor must travel to the location of the property to find out what condition the building or land is in. A survey is conducted, according to the results of which an act is formed. He confirms that it is impossible to use the building, as it was damaged by fire or other negative influences.
Only on the basis of this document, de-registration of the property is carried out from the cadastral register. A sample inspection report can be studied below.
Nuances for land
If the procedure is carried out in relation to land plots, it is additionally required to prepare a boundary plan and documentation containing information about the purpose of the object.
If registration of such an object is not performed within the next two years, then the information is completely deleted from the registry.
How is the process performed?
The procedure for removing from the cadastral registration of a property is to perform sequential actions. These include:
- The necessary documentation is collected. Initially, the property owner must prepare a statement and other documents confirming the need to amend the registry. The process must be completed before removing the property from cadastral registration. At the same time, a survey of the land or premises is carried out, for which you will have to use the help of independent appraisers.
- The package of documents is transferred to the Federal Registration Service.The process can be carried out in different ways, since it is allowed not only to personally transfer papers to employees of a government agency, but also to upload documentation on the official website of Rosreestr. Many people prefer to use the services of the MFC, located in the center of each region. In this case, you can make an appointment in advance. It is allowed to send documentation at all by mail, but at the same time all documents will have to be certified by a notary, and an inventory of the attachment and a notice of delivery are also paid separately.
- Over the next 20 days, consideration of the documents received is made, after which a decision is made. In any case, the applicant receives a written reply. For such actions on the part of Rosreestr employees no fee is levied.
If you understand how the deregistration of the property in Rosreestr is performed from the cadastral registration, the process is carried out promptly and without any difficulties.
How fast are documents reviewed?
Based on the Federal Law No. 221, the deadline for deregistration of a property from cadastral registration cannot exceed 20 business days. An application is recorded with other documents directly on the day of treatment. The receipt is handed over to the applicant or mailed to him.
The solution, in extreme cases, is provided for 21 business days.
Reasons for refusal
Often there are reasons for refusing to deregister the property from cadastral registration. These grounds must be valid, and the most common reasons for refusal include:
- documents are issued with numerous violations;
- an incomplete set of documents is transferred to the Rosreestr;
- there are various contradictions in the papers;
- the deadline for making a decision to suspend accounting;
- the received documents do not meet the requirements of a state institution;
- The old application form is used.
- the information contained in the application does not correspond to the data available in the registry.
Based on the documents received, Rosreestr employees open a special accounting file. During its consideration, all documents received from the applicant are studied, and various certificates or extracts from government institutions may also be requested. The answer is handed out or sent by mail.
In order not to receive a refusal, it is recommended to correctly prepare a statement and prepare all other documents. All entries are carefully checked. If a positive answer is received, then the object is deregistered, so no tax is charged on it. Only after that it is possible to engage in the construction of a new building on a specific plot of land.
Is it possible to challenge the refusal?
Often, citizens have to deal with illegal refusals. They prepare a lot of necessary documents, conduct an inspection of the object, but all the same, the necessary changes are not made to the Federal Registration Service. Under such conditions, it will be necessary to challenge the decision through the court. Removal from the cadastral registration of a property may be carried out by force of a court decision. The rules of contest include:
- the statement of claim is filed correctly, in which the claim is the forced removal of a certain object from the cadastral register;
- a refusal received from Rosreestr is attached to the application;
- submitted to the court for review the inspection certificate and other documents for real estate;
- it is advisable to take photographs in advance confirming the destruction of the object;
- the opinion of each party is heard in court;
- if the plaintiff can prove that the object really cannot be used for any purpose, then a decision is made on the compulsory deregistration.
The court decision is transmitted to the Federal Registration Service, after which the necessary changes are made to the registry on the basis of this document.It is advisable to go to court only if you are sure that the really negative decision of Rosreestr is unfounded.
Conclusion
The procedure for removing a property from the register in the USR is considered quite simple. For this, it is important to prepare the necessary documents and conduct a site survey. After that, the necessary information is entered into the registry within 20 days.
If a negative answer is received, it can be challenged in court. Based on the court decision, the necessary changes are made to the registry.