Registration of a redevelopment design plan in the State Real Estate Cadastre

After a redevelopment design plan is developed and approved, the changes must be registered in the State Real Estate Cadastre. This article provides information about the real situation with the registration of redevelopment design plans in the State Real Estate Cadastre in Moscow as of the beginning of 2016 – we have just successfully registered a redevelopment design of a building and can share fresh news and give a few tips.

 The following cases require that changes should be registered in the State Real Estate Cadastre:

1. Union compilation of real estate redevelopment works (redevelopment of an apartment, non-residential premises, building)
2. Upon completion of real estate renovation
3. If the floor area of the site has been changed
4. Elimination of technical errors that occurred during the transfer of data from the archive of the Technical Inventory Bureau to the archive of the State Real Estate Cadastre.

 At present, this simple, at first glance, the procedure has turned through the efforts of bureaucrats into long and wearisome labor. Even if the owner, tenant or their representatives have all the necessary documents on the redevelopment (a redevelopment order from MosZhilinspektsiya, statement of putting the project into operation, statement of finished redevelopment, documents from the Technical Inventory Bureau, technical plan, and certificate of ownership), they still will have to start a many-month correspondence with the Rosreestr (Federal Service for State Registration, Cadastre, and Cartography), which will issue one refusal after the other, and delay the decision as long as possible.

 A common case is the following: you have all the required papers, yet officials will successively give you 3-4 refusals and “suspend” registration. However, if you have enough patience, spare enough time and persistently eliminate non-existing or far-fetched problems, then in 6 months you will get a new cadastral passport and certificate of ownership.

 According to the presumption of guilt imposed by officials, in the course of the redevelopment registration process, the owner will have to prove that he has everything perfectly in order, bring various documents, write letters and attend consultation sessions, often useless.

The standard scheme of redevelopment registration:

1. Order a cadastral passport and an extended extract from the archived cadastral passport to know exactly what information on the building is available. Compare the floor area of the site in the certificate of ownership, the latest documents from the Technical Inventory Bureau and information from the State Real Estate Cadastre, and check the site layout in the data taken from the State Real Estate Cadastre and Technical Inventory Bureau.
2. Eliminate the errors in the SREC data, if any. To do this, you will have to file a request to the Rosreestr. Many errors occur when information on the real estate is transferred from the BTI archive to the State Real Estate Cadastre.
3. After the errors in the SREC data have been eliminated, you can order a technical plan with a declaration and make alterations in the cadastral passport of the building, and then obtain a new cadastral passport reflecting the redevelopment performed.

Steps 2 and 3 can be taken simultaneously

Let us take an example – registration of the redevelopment made on the premises with the area of 100 sq.m.

• the area of the real estate according to the certificate of ownership – 100 sq.m.
• the area of the site according to the SREC data – 95 sq.m.
• the area after redevelopment according to the new BTI documents – 102 sq.m.

Making changes in the SREC will arise many questions from officials. Particularly, where additional 7 sq.m. come from. You will have to explain that in the course of redevelopment works partitions were demolished, wall facings were dismantled, but outer borders of the premises remained unaltered. Actually, this situation is typical – redeveloping the premises with the area of about 100 sq.m., about 5 sq.m. of additional floor area may emerge due to demolished partitions, columns, etc. You will get an answer that “such changes in the floor area are considered a major renovation” and require further approvals. And you will write back that it is a simple redevelopment performed according to the law, that you have received all the necessary approvals from MosZhilinspektsiya, and that these changes are duly registered by the Technical Inventory Bureau, etc, etc.

This is common. All you need is patience – if you shoot the same target many times, you will eventually hit the mark – in 6 months or so. We did it, so shall you.