Declaration of real estate property
Content
For certain types of real estate, a simplified procedure for registering rights is provided. In these cases, there is no need to submit technical documentation to the Rosreestr authorities; it will be replaced by a declaration on the real estate object.
What is a declaration of real estate and what does it look like?
The declaration of real estate is a formalized form that must be filled out by the applicant when registering for the property.
A declaration of real estate must be submitted in the following cases:
- rights to a structure erected on a plot of land allocated for dacha farming or gardening are issued;
- a garage of an individual that does not represent a capital construction project is subject to registration;
- it is necessary to legalize auxiliary buildings on these land plots.
The declaration for a real estate property is filled out by the owner of the land plot on which the registered property is located. It is the owner who is responsible for the accuracy of the information provided and confirms the legality of his rights to the land plot.
To confirm the legality of land rights, lease agreements or decisions on the allocation of land may be presented.
The appearance of such a document was caused by the need to legitimize the rights of citizens to numerous buildings erected on garden and summer cottage plots, which had never undergone cadastral or technical registration procedures.
The simplified procedure for registering rights to such structures is intended to transfer the process of their operation into a legal channel by entering information about each element into the Unified State Register of Real Estate.
From the moment the application is submitted, it becomes possible to properly formalize ownership of the unauthorized construction and obtain the right to dispose of the registered property at one’s own discretion.
In this case, during the registration process, the building will receive a unique cadastral number, which will allow it to be identified as an independent unit of real estate.
Laws of the Russian Federation on this issue
Since January 2017, the requirement to submit a declaration when conducting cadastral registration and registration actions has been contained in Federal Law No. 218-FZ.
This federal act establishes simultaneous accounting and registration for newly created objects, as well as real estate, the rights to which have not previously been registered.
Download a sample declaration on a real estate property and an example of filling out a declaration on a real estate property are regulated by Order of the Ministry of Economic Development of the Russian Federation No. 447.
It is in accordance with this document that information must be submitted to the Rosreestr authorities. On the website www.rosreestr.ru the real estate declaration form is presented in the form approved by Order No. 447.
When filling out the declaration, you must comply with the requirements for the execution of individual sections of the document, which are regulated in detail on the website of the Rosreestr service.
How to fill out the declaration correctly?
How to correctly fill out a declaration on a real estate property? To indicate all the necessary data, the applicant will need documents certifying the fact of legal ownership of a plot of land, since the declaration form for registering real estate according to land documents is filled out.
The following points are required to be indicated:
- address of the registered property;
- category of construction (garage, garden house, etc.);
- information about the cadastral quarter in which the declared property is located;
- a detailed description of the technical characteristics of the object (area, construction materials, etc.);
- information about the owner of the property;
- information about the land plot.
It is necessary to declare unauthorized buildings erected on a plot of land using this document, therefore the possibility of legitimizing rights depends on the correctness of its completion.
Stages of registration
How to correctly fill out a declaration on a real estate property? Detailed instructions on the procedure for completing all sections of the document, as well as a sample form for a declaration of real estate, can be found on our website. Also, similar information is available on the official Internet portal of the Rosreestr service.
The declaration of real estate, which describes the property, must be based on the technical characteristics of the building, which the declarant must independently measure and indicate.
To do this you need to do the following:
- measure the height, length and width of the building;
- calculate the area of the building;
- provide quality characteristics of walls, roofs, foundations and other structures inside the building.
All received data is entered into the appropriate section of the document, and its accuracy is confirmed by the signature of the document submitter.
Since there may be several structures on the site that are subject to declaration, a separate declaration form must be submitted for each building. When filling them out, similar information about the plot of land on which the buildings are located will be indicated.
Filling out the form can be done using computer technology or by hand. If the document contains several separate sheets, they must be stapled and bound by the applicant.
Rosreestr: declaration of real estate
Rosreestr accepts declarations from individuals for the purpose of registering objects for cadastral registration and carrying out registration actions. Since the simplified declaration scheme does not require drawing up technical documentation for buildings, legal verification is carried out only in relation to the information declared by the citizen.
In accordance with the requirements of Federal Law No. 218-FZ, accounting and registration of buildings on the basis of the submitted declaration is carried out simultaneously, which allows citizens to avoid the lengthy procedure for carrying out cadastral work.
The main criterion during the inspection is to establish the legality of ownership of the land plot, as well as the compliance of the declared property with the list of buildings in respect of which registration is carried out in a simplified manner.
Based on the results of registration actions, information about the object will be entered into the Unified State Register, and in confirmation of this fact the applicant will receive an extract from the register. The cost of registration activities is 350 rubles, this state fee must be paid before submitting the declaration to the Rosreestr office.
Since the approval of the declaration form, the requirements for its content have changed several times. As of 2017, Rosreestr updated the declaration form in connection with the entry into force of Law No. 218-FZ. There have been no fundamental changes in the sections of the document; the procedure for filling out separate information about the land plot and description of buildings has been clarified.
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