Technical plan for part of the building for rent. Technical plan for the formation of part of the premises (for concluding a lease agreement). Suspension of Rosreestr due to red lines

24.02.2024

Article 41. Technical plan

1. A technical plan is a document that reproduces certain information entered into the state real estate cadastre, and indicates information about a building, structure, premises or an object of unfinished construction, necessary for registering such a real estate object, or information about a part or parts such a real estate object, or new information about such a real estate object, which is assigned a cadastral number, necessary for entering into the state real estate cadastre.

2. The technical plan indicates information about a building, structure, premises or an object of unfinished construction necessary for registering it in the case of cadastral work, which results in the preparation of documents for submitting an application for registration of such to the cadastral registration body of a real estate object, information about a part or parts of such a real estate object in the case of cadastral work, which results in the preparation of documents for submission to the cadastral registration authority of an application for registration of a part or parts of such a real estate object, new information about such a property necessary for entering into the state real estate cadastre a property that has been assigned a cadastral number, in the case of cadastral work, which results in the preparation of documents for submission to the cadastral registration authority of an application for accounting for changes in such a property.

3. The technical plan consists of graphic and text parts.

4. The graphic part of the technical plan of a building, structure or unfinished construction project reproduces information from the cadastral plan of the relevant territory or a cadastral extract about the relevant land plot, and also indicates the location of such a building, structure or unfinished construction project on the land plot. The graphic part of the technical plan of the premises is a floor plan or part of a floor of a building or structure, indicating on this plan the location of such premises, and if the building or structure does not have a number of storeys, the plan of the building or structure or the plan of the corresponding part of the building or structure, indicating on this plan the location of such premises.

5. The location of a building, structure or unfinished construction object on a land plot is established by determining the coordinates of characteristic points of the contour of such a building, structure or unfinished construction object on a land plot. The location of a building, structure or unfinished construction site on a land plot, at the request of the cadastral work customer, can be additionally established by means of a spatial description of the structural elements of the building, structure or unfinished construction site, including taking into account the height or depth of such structural elements.

6. The location of the room is established by graphically displaying the boundary of the geometric figure formed by the inner sides of the external walls of such a room on the floor plan or part of the floor of a building or structure, and if the building or structure does not have a number of storeys, on the plan of the building or structure or on the plan of the corresponding part of the building or structures.

7. The text part of the technical plan indicates the information necessary for inclusion in the state real estate cadastre in the amount established by the regulatory body in the field of cadastral relations, as well as information about the geodetic basis of the cadastre used in preparing the technical plan of a building, structure or unfinished construction site.

Information about a building or structure, with the exception of information about the location of such real estate on the land plot, the building area, the area of ​​such real estate, is indicated in the technical plan on the basis of the cadastral work submitted by the customer, the design documentation for such real estate, issued before July 13, 2015, a permit for commissioning of such real estate objects or a technical passport of such real estate objects produced before January 1, 2013. Information about an unfinished construction project, with the exception of information about the location of such a property on a land plot, is indicated in the technical plan on the basis of the cadastral work submitted by the customer, the design documentation for such a property, a construction permit, if its receipt is provided for by legislation in the field of urban planning, or a prepared until January 1, 2013, the technical passport of such a property. If, at the time of carrying out cadastral work, there is no possibility of visual inspection (observation) of the underground structural elements of a building, structure or unfinished construction site to carry out the measurements necessary to determine the location of the corresponding property on the land plot, along with the design documentation, it is allowed to use the as-built documentation, the maintenance of which is provided Part 6 of Article 52 of the Town Planning Code of the Russian Federation. Information about the premises, with the exception of information about its location within a floor of a building or structure, or within a building or structure, or within the relevant part of a building or structure, and the area of ​​the premises, is indicated in the technical plan on the basis of the cadastral work permit for entry submitted by the customer the building or structure in which the premises are located, into operation, design documentation of the building or structure in which the premises are located, a technical passport of the premises produced before January 1, 2013, or a technical passport of the building or structure in which the premises is located produced before January 1, 2013, the redevelopment project and the acceptance committee’s act confirming the completion of the redevelopment. If, in cases provided for by legislation in the field of urban planning, the preparation of project documentation or a decision to put a construction project into operation is not required, the relevant information is indicated in the technical plan on the basis of a declaration drawn up and certified by the copyright holder of the property. In relation to the created property, the declaration is drawn up and certified by the owner of the land plot on which such a property is located, or by the state authority authorized to provide land plots, or by a local government body; in relation to an ownerless property - by the local government body on whose territory such an object is located real estate. The said declaration is attached to the technical plan and is an integral part of it. Information about a building - an object of individual housing construction, with the exception of information about the location of such a real estate object on a land plot, is indicated in the technical plan on the basis of the cadastral work submitted by the customer for a construction permit, design documentation of such real estate objects, if any, or a declaration on the real estate object in the case of lack of design documentation. If the construction or reconstruction of a structure in accordance with the legislation of the Russian Federation does not require the issuance of a permit for its construction, reconstruction, and in accordance with the Land Code of the Russian Federation, the placement of such a structure on lands owned by the state or municipality is allowed, without the provision of a land plot or the establishment of an easement , information about the structure, if such a structure is a real estate property, with the exception of information about its location on a land plot or lands in state or municipal ownership, is indicated in the technical plan on the basis of the cadastral work submitted by the customer, the design documentation of such a structure and a document confirming the technical acceptance of the facility into operation, if the development of design documentation and such acceptance are provided for by the legislation of the Russian Federation. When reflecting in the technical plan information about the location of a structure on a land plot or lands that are in state or municipal ownership, the boundaries of the territory are additionally reflected if the structure is located on lands that are in state or municipal ownership, in accordance with the coordinates of the characteristic points of the boundaries of such a territory, specified in the act of the local government body or state authority authorizing the placement of this structure, a copy of which is included in the annex to the technical plan.

A technical plan is a special document that contains all the necessary information about the property required to make changes to the State Property Committee (state real estate cadastre).

In accordance with the official definition, a technical plan is a document that reproduces certain information included in the state real estate cadastre, and indicates information about a building, structure, premises or an object of unfinished construction, necessary for registering such a real estate object, or information about parts or parts of such a real estate object, or new information about such a real estate object, which is assigned a cadastral number, necessary for entering into the state real estate cadastre.

In simple terms, a technical plan is a detailed description of a building with drawings and diagrams, which is submitted to RosReestr. Depending on the type of real estate, a distinction is made between the technical plan of an unfinished construction project, the technical plan of the structure, the technical plan of the premises, and the technical plan of the building.

All technical information is divided into text and graphic.

The text part of the technical plan includes sections:

Initial data;
information about measurements and calculations performed;
description of the location of the building (unfinished construction project, structure) on the land plot;
characteristics of the building (unfinished construction object, structure, premises);
information about the parts of the building being formed (unfinished construction object, structure, premises);
conclusion of a cadastral engineer.

The graphic part of the technical plan includes sections:

Layout of the building (unfinished construction object, structure) on the land plot;
outline drawing (of an unfinished construction project, structure);
geodetic construction diagram (only for a building); floor plan or building plan (only for a technical floor plan).

An important feature of the technical plan is that the object is attached to the land plot and the exact coordinates of the location of the property are determined.

The finished technical plan can be drawn up both on paper and electronic (CDs, flash memory, etc.). If the technical plan is drawn up in the form of a paper document, then the sheets must be stitched and numbered, and the title page must bear the signature and seal of the cadastral engineer. In RosReestr institutions, the technical plan is accepted only on electronic media in the form of xml files, which are signed with the electronic digital signature of the cadastral engineer.

The basic requirements for the preparation of a technical plan are specified in the following regulations:

Federal Law No. 221-FZ "On the State Real Estate Cadastre".
Order of the Ministry of Economic Development of the Russian Federation No. 52 “On approval of the form of the technical plan of an unfinished construction project and requirements for its preparation.”
Order of the Ministry of Economic Development of the Russian Federation No. 693 “On approval of the form of the technical plan of a structure and requirements for its preparation.”
Order of the Ministry of Economic Development of the Russian Federation No. 583 “On approval of the form of the technical plan of the premises and requirements for its preparation.”
Order of the Ministry of Economic Development of the Russian Federation No. 403 “On approval of the form of the technical plan of the building and requirements for its preparation.”

Why do you need a technical plan?

The main goal of the technical plan is to enter information about the property into the state real estate cadastre (GKN).

This may be due to:

Registration (for example, to register ownership of a newly built house);
registration of changes to the object (for example, redevelopment, reconstruction, reconstruction of the building);
the need to allocate a part of the property with registration of this part (for example, the allocation of office premises for their conversion into retail space).

Who can prepare the technical plan?

Only a cadastral engineer can prepare a technical plan - a person who has the appropriate education and a valid cadastral engineer certificate.

A cadastral engineer can work as an individual entrepreneur or as an employee of an organization. In the first case, the customer directly enters into an agreement with the cadastral engineer-entrepreneur, in the second case, the customer enters into an agreement with the organization.

As a rule, the preparation of a technical plan occurs in several stages:

1. Conclusion of an agreement;
2. Analysis of available documents;
3. Obtaining additional documents from various organizations (if necessary). For example, a technical passport for a building is ordered from the BTI;
4. Geodetic survey of the area (if the work is carried out in relation to a building, structure or unfinished construction site);
5. Measurement of the premises (if the work is carried out on the premises or part of the building);
6. Office processing of results;
7. Final preparation of the technical plan and transfer to the customer.

Technical plan of the building

The following definition of a technical plan, formulated by the legislator, can be given - this is a document that reflects specific information entered into the state real estate cadastre, and indicates information about a building, structure, premises or an object of unfinished construction necessary for registering such a real estate object, or information about part or parts of such a real estate object, or new information about such a real estate object, which has been assigned a cadastral number, necessary for entering into the state real estate cadastre.

The technical plan must indicate information about the building, structure, premises or other object or objects of unfinished construction necessary for registering it in the case of cadastral work, which results in the preparation of documents for submitting an application for registration to the cadastral registration authority registration of such a property, information about a part or parts of such a property in the case of cadastral work, which results in the preparation of documents for submission to the cadastral registration authority of an application for registration of a part or parts of such a property, new information necessary for entering into the state real estate cadastre about such a property that has been assigned a cadastral number, in the case of cadastral work, which results in the preparation of documents for submission to the cadastral registration authority of an application for accounting for changes in such a property.

Classically, in theory and in practice, a technical plan should consist of graphic and text parts.

The graphic part of the technical plan of a building, structure or unfinished construction project reproduces information from the cadastral plan of the corresponding territory or cadastral extract about the corresponding land plot, and also describes the location of such real estate.

The graphic part of the technical plan of the premises is a floor plan or part of a floor of a building or structure, indicating on this plan the location of such premises, and if the building or structure does not have a number of storeys, a plan of the building or structure or a plan of the corresponding part of the building or structure, indicating the location on this plan such a room.

The location of the building is determined by determining the coordinates of the characteristic points of the contour of this object on the land plot.

The location of the room is established by graphically displaying the border of the geometric figure formed by the inner sides of the external walls of such a room on the floor plan or part of the floor of the building or structure, and if the building or structure does not have a number of floors, on the plan of the building or structure or on the plan of the corresponding part of the building or structure.

The text part of the technical plan indicates the information necessary for entering into the state real estate cadastre to the extent established by the regulatory body in the field of cadastral relations.

Information about the property is indicated in the technical plan on the basis of the cadastral work permit submitted by the customer to put such a property into operation, design documentation for such a property or a technical passport for such a property.

In the absence of the specified documents, such information, with the exception of information about the location of a building, structure or object of unfinished construction on the land plot and the location of the premises within the floor of the building or structure, or within the building or structure, or within the relevant part of the building or structure, is indicated in technical terms, on the basis of a declaration drawn up and certified by the owner of the property.

Technical work plan

Technical plan is a document necessary for setting up a building, structure, etc. for cadastral registration.

The technical plan consists of two parts: graphic and text.

A ready-made technical plan is issued in electronic form; if necessary, it is possible to obtain a technical plan in paper form.

Why do you need a technical plan?

First of all, a technical plan is needed to set up your building, structure, etc. for cadastral registration.

Why do you need to register an object for cadastral registration?

To obtain a certificate of state registration of rights. It is the main document confirming your ownership of the property.

Therefore, until you have a certificate of state registration, you cannot legally dispose of your real estate: rent it out, make purchase and sale transactions, transfer it by inheritance.

A technical plan will be needed when putting the facility into operation.

And also, if you have made redevelopment, reconstruction of a property, or any other actions that entailed changes in the area or other characteristics of the property, you need a technical plan.

What types of real estate require a technical plan?

For all types of real estate, be it a garden house, a garage, an extension, a hangar, a technical plan is required.

It is also necessary for unfinished objects, or for objects at the construction stage - for example, if you need to register ownership of an unfinished construction object.

Below you can find a complete list of objects for which you need to have a technical plan:

Newly constructed structure, building (non-residential, residential, linear, commercial, etc.);
garages, an apartment in an apartment building, non-residential and residential premises that are located inside buildings or buildings, etc.;
unfinished construction projects (to confirm property rights or for sale).

Who is responsible for preparing the technical plan?

Currently, only certified cadastral engineers are involved in preparing the technical plan.

The cadastral engineer whom you contact to prepare a technical plan must have a certificate, the number of which, together with the engineer’s name, is on the seal.

The finished technical plan must be certified with just such a seal, as well as the signature of the cadastral engineer who prepared the technical plan.

The cadastral engineer is responsible for the correctness and reliability of all data contained in the technical plan, in accordance with current legislation.

The client receives the finished technical plan in electronic form; if necessary, it is possible to issue a technical plan on paper.

Depending on the type of object, you must provide the following documents:

Cadastral extract for the land plot on which the object is located;
design documentation or technical passport for the facility;
permission to construct the facility;
permission to put the facility into operation;
a certificate or act from a local government authority on the assignment of a postal address (for newly created objects);
other documents that the cadastral engineer may need.

If the specified documents, or parts thereof, are missing, you can fill out a declaration.

Depending on what object you want to manufacture for, there are the following types of technical plan:

Technical plan for the apartment.
Technical plan for an apartment building.
Technical plan for any building or private house.
Technical plan for utilities - gas pipelines, roads, power lines, etc.
Inspection report upon demolition or deregistration of a property.

Technical plan for a residential building

Have you bought, built, remodeled a house, or made major changes? Then having a technical plan of the property is simply necessary for you.

To prepare a technical plan for a residential building, you need to collect and provide the following documents:

Permission to put the house into operation.
A declaration (in the case of a dacha amnesty) drawn up by a cadastral engineer.
a cadastral extract of the land plot on which the building is located, or a cadastral plan of this plot.

Work progress

After all the documents have been collected, you can move on to the next stage - measurements.

Surveyors will carry out a set of works to determine the coordinates of the points (corners) of the building, and will also take the necessary measurements to determine the configuration of the rooms and the total area of ​​the house.

If the house was built according to a project, then such information can be taken from the project documentation (if the client has it).

As a rule, a technical plan for a house is prepared in paper and electronic form.

Technical plan for an apartment building

So, you are a developer and want to prepare a technical plan for an apartment building.

Where to begin?

You will need a technical plan not only for cadastral registration, but also to obtain permission to put into operation an apartment building.

There are a number of nuances that must be taken into account when preparing a technical plan for an apartment building and registering it with cadastral registration:

Firstly, the land plot on which the multi-storey building is located must be registered in the cadastral register.

Secondly, when preparing a technical plan for an apartment building, you will prepare a technical plan only for the apartment building, and a technical plan for each residential premises in this building must be prepared separately.

Thus, we see that the technical plan of an apartment building does not contain the information necessary to carry out cadastral registration of apartments in this building.

And, therefore, it is impossible to produce a technical passport for an apartment in a multi-storey building that is not registered in the cadastral register.

The only thing that can be done is to simultaneously submit documents for the production of a technical plan for an apartment building along with documents for the production of a technical plan for an apartment in this building.

As a rule, a technical plan for an apartment building is prepared in paper and electronic form.

It is sent electronically to the next authority - FKP Rosreestr.

Technical plan for the apartment

A technical plan for an apartment is necessary for its cadastral registration.

To prepare a technical plan for an apartment in a new building, first of all, you need to make sure that the building in which the apartment is located is already registered in the cadastral register.

If the building in which the apartment is located is not yet registered in the cadastral register, it is impossible to prepare a technical plan for it.

To prepare a technical plan, you need to have one of the documents confirming ownership, for example, an agreement with the developer, or a court decision recognizing you as the owner of the property, or other title documents.

As a rule, the technical plan for an apartment is prepared in paper and electronic form.

It is sent electronically to the next authority - FKP Rosreestr.

Technical plan for engineering communications

Currently, housing construction is developing at a rapid pace, just as country cottages are growing like mushrooms. And as a result, there is often a need for technical support for engineering communications: power lines, pipelines, roads.

To prepare a technical plan for engineering communications, you need to prepare the following documents:

Permission to put this structure into operation,
declaration of real estate,
project documentation,
a cadastral extract of the land plot on which the building is located, or a cadastral plan of the site.

After all the documents have been collected, you can begin geodetic work.

Progress of work on the preparation of a technical plan for engineering communications

Our surveyors will carry out a set of works to determine the coordinates of characteristic points (corners) of the structure.

Work will also be carried out to determine the main characteristics of the structure (length, area, height, depth) in the absence of the necessary data in the design documentation.

As a rule, a technical plan for engineering communications is prepared in paper and electronic form.

It is sent electronically to the next authority – the Cadastral Chamber.

Technical plan of the facility

In accordance with the Civil Code of the Russian Federation, capital construction projects are buildings, structures, structures and unfinished construction objects that have a set of the following characteristics:

Integrity of connection with the earth;
impossibility of moving to another location without causing disproportionate damage;
the need for mandatory state registration.

To carry out any real estate transactions, you must have a cadastral passport of the property. This document must be ordered from the Cadastral Chamber. If you are lucky, and the Cadastral Chamber already has information about this property, your troubles will be limited to filling out a request in the established form, and the costs will be paying for the service in accordance with the price list.

If you don’t find your real estate in the “Reference Information about Real Estate Objects” section on the Rosreestr portal, then you will have to spend more time and money. In this case, it is necessary to submit an application to the Cadastral Chamber for the issuance of a cadastral passport, to which documents must be attached to establish or confirm ownership of the property.

The list of documents without which a cadastral passport is no longer issued includes a technical plan of the property, which contains the information necessary for:

Registration of ownership of an existing facility;
registration of a newly built facility;
making corrections to the existing cadastral passport if a previously made error is discovered;
making changes to the existing cadastral passport related to the redevelopment or reconstruction of the property.

All documents can only be obtained from cadastral engineers who have a qualification certificate and are included in the unified state register.

If you need to register an unfinished construction project for cadastral registration, you must also order a technical plan for it.

A technical plan for an unfinished construction project is required for:

Registration of a newly created unfinished construction facility for state cadastral registration;
state cadastral registration of changes to an unfinished construction project;
state cadastral registration of changes to an unfinished construction project in connection with the formation of its part (parts).

To prepare it, you must provide one of the following documents

Project documentation;
act on putting the facility into operation;
technical passport of the object;
Declaration of the real estate object, which is filled out by the owner of the real estate object (in the absence of the above documents).

The technical plan of an unfinished construction project “fixes” its location on the land plot. This is why it is often referred to colloquially as a plot plan.

Requirements for accuracy and methods for determining the coordinates of characteristic points of the boundaries of a land plot are set out in Order of the Ministry of Economic Development of Russia N 518.

Preparation of technical plan

The Decree of the Government of the Russian Federation No. 546 “On the invalidation of certain decisions of the Government of the Russian Federation on the implementation of state technical accounting and technical inventory of capital construction projects” specifies that the provisions of regulatory legal acts in the field of implementation of state technical accounting and technical inventory of capital construction projects do not apply .

State cadastral registration of buildings, structures, premises, and unfinished construction projects will be carried out in accordance with the provisions of the law “On the State Real Estate Cadastre”.

Part 8 of Article 47 of the Cadastre Law states:

Pending the bringing of laws and other normative legal acts in force on the territory of the Russian Federation into compliance with this Federal Law, these laws and other normative legal acts shall be applied to the extent that they do not contradict this Federal Law or other normative legal acts of the Russian Federation issued in accordance with it. Federation.

The letter of the Ministry of Economic Development No. D23i-449 provides explanations regarding the production of technical passports for real estate objects:

As stated earlier, the provisions of regulatory legal acts in the field of state technical accounting and technical inventory are not applied. At the same time, Article 19 of the Housing Code of the Russian Federation provides for state accounting of the housing stock in the Russian Federation, carried out in the manner established by the federal executive body authorized by the Government of the Russian Federation.

Thus, until the establishment of the procedure for state accounting of the housing stock in the manner prescribed by current legislation, and the recognition of Resolution No. 1301 as invalid, in the opinion of the Real Estate Department, specialized state and municipal organizations of technical inventory for the purposes of accounting of the housing stock have the right to carry out a technical inventory of objects related to to the housing stock, and issuing technical passports for housing stock objects.

Amendments to Part 8 of Article 41 of the Cadastre Law introduced by Federal Law No. 250 have come into force:

Information about a building or structure, with the exception of information about the location of such real estate objects on a land plot, is indicated in the technical plan on the basis of the cadastral work permit submitted by the customer to put such real estate objects into operation, design documentation for such real estate objects or a prepared technical passport of such real estate objects. Information about an unfinished construction project, with the exception of information about the location of such a property on a land plot, is indicated in the technical plan based on the design documentation of such a property submitted by the customer for cadastral work or the prepared technical passport of such a property. Information about the premises, with the exception of information about its location within the floor of a building or structure, or within a building or structure, or within the relevant part of a building or structure, is indicated in the technical plan on the basis of the cadastral work permit for the entry of the building or structure submitted by the customer, in which the premises are located, in operation, design documentation of the building or structure in which the premises are located, in which the premises are located.

In the absence of these documents, the relevant information is indicated in technical terms on the basis of a declaration drawn up and certified by the owner of the property, and for the created property, the declaration is drawn up and certified by the owner of the land plot on which such a property is located, and for an ownerless property - by the local authority municipality in whose territory such a property is located. The said declaration is attached to the technical plan and is an integral part of it.

Technical floor plan

I. General provisions

1. The requirements for the preparation of a technical plan of the premises (hereinafter referred to as the Requirements) establish the rules for the preparation of the technical plan of the premises (hereinafter referred to as the technical plan).

2. In accordance with Federal Law No. 221-FZ “On the State Real Estate Cadastre”1 (hereinafter referred to as the Law), a technical plan is a document that reproduces certain information included in the state real estate cadastre (hereinafter referred to as the GKN), and indicates information about premises necessary for registration of such a premises with the state cadastral register, information about a part or parts of the premises, or new information about the premises to which a cadastral number has been assigned, necessary for entering into the state real estate cadastre.

3. The technical plan is drawn up in relation to:

Premises (including those that are a collection of several isolated (separate) and adjacent premises (for example, part of a residential building, consisting of rooms and auxiliary premises located in it), which, among other things, can be located on several floors of a building or structure, one above the other and must have access to each other without using common areas in such a building or structure), and such premises must, in accordance with the Law, be isolated and separate from other premises in the building or structure;
- parts of the room.

4. The technical plan consists of a text part, which is divided into sections that are required to be included in the technical plan, and sections, the inclusion of which in the technical plan depends on the types of cadastral work, and the graphic part.

The text part includes the following sections:


2) initial data;
3) characteristics of the premises;
5) conclusion of a cadastral engineer.

The graphic part of the technical plan is a floor plan or part of a floor of a building or structure indicating on this plan the location of the corresponding premises (hereinafter referred to as the Floor Plan, Part of the Floor Plan), and in the absence of floors of a building or structure - a plan of the building or structure or a plan of the corresponding part of a building or structure indicating on this plan the location of such premises (hereinafter referred to as the Plan of the building (structure), Plan of a part of the building (structure).

5. The following sections are subject to mandatory inclusion in the technical plan, regardless of the type of cadastral work:

1) general information about cadastral work;
2) initial data;
3) Floor plan or Plan of a part of a floor, and if a building or structure does not have floors - Plan of a building (structure) or Plan of a part of a building (structure).

6. The technical plan prepared as a result of cadastral work to change information about the premises, create and (or) form the premises, includes the following sections:

1) general information about cadastral work;
2) initial data;
4) Floor plan, and if a building or structure does not have floors - Plan of the building (structure).

7. If, as a result of cadastral work to change information about the characteristics, formation and (or) creation of a premises, cadastral work was simultaneously carried out to form part (parts) of the premises, the following sections are included in the technical plan:

1) general information about cadastral work;
2) initial data;
3) characteristics of the premises;
4) information about part (parts) of the premises;
5) Floor plan or Part of the floor plan, and if a building or structure does not have floors - Plan of the building (structure) or Plan of part of the building (structure).

8. The composition of the technical plan prepared as a result of cadastral work on the formation of part (parts) of the premises, with the exception of the case if cadastral work was simultaneously carried out to change information about the characteristics, creation and (or) formation of the premises and part (parts) of the premises, include the following sections:

1) general information about cadastral work;
2) initial data;
3) information about (part of) parts of the premises;
4) Plan of part of the floor, and if the building or structure does not have floors - Plan of part of the building (structure).

9. The section “Conclusion of the cadastral engineer” is included in the technical plan if, during cadastral work, a discrepancy is revealed between the cadastral information about the premises and the information included in the technical plan based on the results of cadastral work, as well as in other cases if, in the opinion of the person, carrying out cadastral work, it is necessary to further justify the results of cadastral work.

10. If it is necessary to include additional documents in the technical plan, the relevant documents are included as appendices to the technical plan (hereinafter referred to as the Appendix).

11. The technical plan is drawn up in the form of a separate document for each created premises. In case of simultaneous formation of premises as a result of transformation of the premises (premises) or in the case of formation of premises and (or) formation (change) of part (parts) of the premises, the technical plan is drawn up in the form of one document.

II. General requirements for preparing a technical plan

12. The technical plan is drawn up on the basis of information from the State Property Committee about a specific building (structure) in which the premises are located, in the form of a cadastral extract about the corresponding building (structure) or about a specific room (premises) in the building (structure) in the form of a cadastral passport (cadastral passports) ) the relevant room(s).

Copies of documents containing GKN information are not included in the Appendix. Details of documents containing GKN information are indicated in the “Initial data” section of the technical plan.

13. Information about the premises is indicated in the technical plan on the basis of the cadastral work permit submitted by the customer for the commissioning of the building or structure in which the premises are located, design documentation of the building or structure in which the premises are located, a technical passport of the premises or a technical passport of the building or structure, in which the room is located. Copies of these documents are included in the Appendix.

If, in cases provided for by legislation in the field of urban planning, the production or acceptance of these documents is not required, information about the premises is indicated in the technical plan on the basis of a declaration (hereinafter referred to as the Declaration), prepared in accordance with the form and requirements for the preparation of the Declaration, established by the regulatory body legal regulation in the field of cadastral relations on the basis of Part 10 of Article 41 of the Law. In this case, the Declaration in accordance with Part 8 of Article 41 of the Law is an integral part of the technical plan and is included in the Appendix.

If other documents provided for by federal laws were used to prepare the technical plan, their copies are also included in the Appendix.

In the case of preparing a technical plan based on the design documentation of a building (structure), the Appendix includes copies of those sheets of design documentation of the building (structure) that contain the information included in the technical plan.

14. The technical plan is prepared in the form of an electronic document in the form of an XML document, certified by an enhanced qualified electronic signature of a cadastral engineer, and is issued in the form of files in XML format (hereinafter referred to as the XML document), created using XML schemas and providing reading and control presented data.

XML schemas used to generate XML documents are considered to be put into effect after two months from the date of their placement on the official website of the Federal Service for State Registration, Cadastre and Cartography on the Internet information and telecommunications network at the address: www.rosreestr.ru (hereinafter referred to as the official website).

When regulatory legal acts that establish the form and requirements for the preparation of a technical plan change, the Federal Service for State Registration, Cadastre and Cartography changes the XML schemas, while providing on the official website the possibility of public access to the current current version and previous (no longer relevant) versions.

The means of an enhanced qualified electronic signature of a cadastral engineer must be certified in accordance with the legislation of the Russian Federation and are compatible with the means of a qualified electronic signature used by the Federal Service for State Registration, Cadastre and Cartography, its territorial bodies, and the state institution subordinate to it.

Information on the requirements for compatibility, a qualified electronic signature key certificate, and ensuring the ability to confirm the authenticity of an enhanced qualified electronic signature of a cadastral engineer is posted on the official website.

The composition of the technical plan information in the form of an electronic document must correspond to the composition of the information contained in the approved technical plan form, taking into account the Requirements.

Documents that, in accordance with the Requirements, are to be included in the application, are drawn up in the form of electronic images of paper documents in the form of PDF files, signed with an enhanced qualified electronic signature of the cadastral engineer who prepared the technical plan. A floor plan or a plan of a part of a floor, and if a building or structure does not have floors, a plan of a building (structure) or a plan of a part of a building (structure) are drawn up as a file in JPEG format.

The electronic image of the document must provide visual identity to its paper original on a scale of 1:1. The quality of the submitted electronic images of documents and documents in JPEG format should allow you to fully read the text of the document and recognize its details. If a paper document consists of two or more sheets, an electronic image of such a paper document in PDF format is generated as a single file. To scan documents, you must use full color mode with a resolution of 300 dpi. JPEG documents must be in 24-bit color space. Image resolution should not be less than 250 dpi and more than 450 dpi.

15. All records, except for cases established by law, are made in Russian. Numbers are written in Arabic numerals, with the exception of the information specified in subclause 7 of clause 25 of these Requirements.

16. If the contract provides for the preparation of a technical plan on paper, then the technical plan is additionally prepared in the form of a document on paper, certified by the signature and seal of the cadastral engineer who prepared such a plan; unfilled details of sections of the text part of the technical plan in the form of a document on paper are not excluded; in such details the sign “-” (dash) is indicated.

III. Requirements for the design of the text part of the technical plan

17. The types of cadastral work performed are indicated in detail “1” of the section “General information about cadastral work” in the form of coherent text, for example:

Creation of a premises located at the address: __________________________ (indicate the address or description of the location of the premises);
- creation of a premises located at the address: __________________________ (indicate the address or description of the location of the premises) and the formation of part (parts) of the premises;
- the formation of ___________ (indicate the number) of premises (premises) located: ______________ (indicate the address or description of the location of the premises (premises) as a result of ___________ (indicate the method of formation) of the premises (premises) with cadastral number (cadastral numbers):
- the formation of a premises located at the address: ______________ (the address or description of the location of the premises is indicated) and the formation of part (parts) of the premises;
- change in information about _______________ (characteristics are indicated) of the premises with cadastral number ________________, including in connection with the correction of an error;
- change in information about ____________ (characteristics are indicated) of the premises with cadastral number ______________ and the formation or change of part (parts) of the premises;
- formation of a part (parts) of the premises with a cadastral number by changing information about the part (parts) of the premises with a cadastral number.

18. In detail “2” of the section “General information about cadastral work” of the technical plan, information about the customer of cadastral work is provided:

In relation to an individual - last name, first name, patronymic (patronymic is indicated if available), insurance number of an individual personal account (if absent - name and details of an identity document, address of permanent residence or primary residence in accordance with the federal information address system) ;
- in relation to a legal entity, government body, local government body, foreign legal entity - full name, main state registration number, taxpayer identification number. In relation to a foreign legal entity, the country of registration (incorporation) is additionally indicated.

19. In detail "3" of the section "General information on cadastral works" of the technical plan, the date of preparation of the final version of the technical plan by the cadastral engineer (date of completion of cadastral works), as well as the following information about the cadastral engineer:

1) last name, first name, patronymic (patronymic if available);
2) number of the cadastral engineer’s qualification certificate;
3) contact phone number;
4) postal address and email address through which communication with the cadastral engineer is carried out;
5) the abbreviated name of the legal entity, if the cadastral engineer is an employee of the legal entity that has entered into a contract for cadastral work, the address of the legal entity.

20. In detail "1" of the section "Initial data" the details of the documents on the basis of which the technical plan was prepared (information from the State Property Committee, permission to commission the building or structure in which the premises are located, design documentation of the building or structure in which the premises are located) are indicated , a produced technical passport of the premises or a produced technical passport of the building or structure in which the premises are located, Declaration), as well as documents used in the preparation of the technical plan. The information about the documents on the basis of which the technical plan was prepared is indicated first.

21. In detail “2” of the “Input Data” section the following is indicated:

1) information about the name of the device (tool, equipment);
2) information about the approval of the type of measuring instruments (number in the State Register of Measuring Instruments, validity period of the certificate);
3) details of the certificate of verification of the device (instrument, equipment).

22. Information about the cadastral numbers of the real estate object (objects) from which the premises were formed is indicated in detail “3” of the “Initial data” section.

23. The section “Characteristics of the premises” is filled out in accordance with the documents specified in paragraph 13 of these Requirements.

Advertisement 1 paragraph 25 of these Requirements.

25. The section “Characteristics of the premises” includes the following information:

1) cadastral number of the premises, if the technical plan was prepared as a result of cadastral work in connection with a change in the information of the Civil Code of the specified premises, including in connection with the correction of an error;
2) previously assigned state registration number (cadastral, inventory or conditional number, if such a number was assigned in accordance with the procedure established by law by the body authorized to assign such a number), the date of assignment of the corresponding number, as well as information about the body (organization) that assigned such a number, in the absence of such information, the specified line is not filled in;
3) cadastral number (and in its absence - a previously assigned state registration number (cadastral, inventory or conditional number, if such a number was assigned by the body authorized to assign such a number in the manner prescribed by law) of the building or structure in which the premises are located. In the absence of an assigned cadastral or other number, the address assigned in the prescribed manner is indicated in a structured form in accordance with the Federal Information Address System (hereinafter referred to as FIAS) on the basis of an act of a state authority or local government authority authorized to assign addresses to real estate objects, or contained in those submitted by the customer cadastral works, design documentation of a building or structure, a permit to put a building or structure into operation, or a prepared technical passport of a building or structure. In the absence of a duly assigned address of a building or structure, a description of the location of the building or structure, indicating the name of the entity, is indicated in a structured form in accordance with FIAS. Russian Federation, municipality, locality (city, village, etc.), street (avenue, highway, lane, boulevard, etc.), if available, building or structure number;
4) number of the cadastral quarter in which the premises are located (building, structure in which the premises are located);
5) cadastral number of the apartment in which the room is located;
6) number (designation) of the floor (floors) on which the premises are located;
7) the address assigned in the prescribed manner, and in its absence - a description of the location of the premises in a structured form indicating the name of the subject of the Russian Federation, the municipality (including the type of municipality), the locality (city, village, etc.), streets (avenue, highway, lane, boulevard, etc.) - if available, building (structure) number. If the premises in a building or structure do not have an assigned numbering, each room on the floor is assigned a number that is not repeated within the building (structure). The numbering of rooms on the floor (if there is no numbering in the building (structure)) is carried out clockwise, starting from the leftmost staircase, when placing the main facade of the building (structure) on the Floor Plan parallel to the bottom edge of the sheet;
8) purpose of the premises (residential or non-residential; in addition, for non-residential premises constituting common property in an apartment building, the words “common property in an apartment building” are indicated);
9) type of residential premises (room, apartment) - in relation to residential premises located in a residential (including apartment) building;
10) room area (in square meters, rounded to 0.1 square meters).

26. The section “Information about part (parts) of the premises” is filled out in order to determine the limits of validity of the established (established) restriction (encumbrance) of rights, if the established (established) restriction (encumbrance) of rights applies to part of the premises.

27. In the section “Information about part (parts) of the premises” the following information is indicated:

1) registration number or part designation;
2) area of ​​part of the room (in square meters, rounded to 0.1 square meters);
3) description of the location of part of the premises;
4) characteristics of part of the premises.

28. The designation of the part of the room being formed is indicated as a combination of lowercase letters of the Russian alphabet “chp” with a number written in Arabic numerals (for example, chp 1).

29. In cases where an established (established) restriction (encumbrance) of rights applies to part of the premises within a floor (part of a floor), several floors of a building, in column "4" of the section "Information about part (parts) of the premises" in the form of a coherent text a description of such part of the premises is given (for example, designations (numbers) are given on the floor plan of the premises included in such part of the premises - 3rd floor, premises 1, 2, 3).

At the same time, in the graphic part of the technical plan, special symbols indicate the boundaries of the established (established) restriction (encumbrance) of rights (the boundaries of part of the premises).

30. The content of the established (established) restriction (encumbrance) of rights is given in column "5" of the section "Information about part (parts) of the premises" on the basis of acts of state authorities or local governments, contracts or agreements (including preliminary ones) entered into into legal force of judicial acts. In this case, copies of such documents are included in the Appendix.

31. The section “Conclusion of the cadastral engineer” is drawn up by the cadastral engineer in the form of a coherent text.

If, during cadastral work, errors were identified when establishing the location of the premises (previously made cadastral errors), discrepancies between the area of ​​the premises specified in the documents provided for in paragraph 13 of these Requirements, and the area of ​​​​the premises determined taking into account the requirements established by the regulatory authority regulation in the field of cadastral relations, in accordance with Part 10 of Article 41 of the Law, in the section “Conclusion of the cadastral engineer” the cadastral engineer’s proposals for eliminating identified errors are given, including the results of the necessary measurements and calculations.

IV. Requirements for the design of the graphic part of the technical plan

32. The graphic part of the technical plan of the premises is drawn up on the basis of the floor plan, which is part of the design documentation, the graphic part of the technical passport of the building (or structure), information about which is indicated in the “Initial data” section.

In the absence of the specified documents, in order to draw up the graphic part of the technical plan, the cadastral engineer, based on the results of measurements taken by hand using blue ink or paste, prepares an out-of-scale, but in compliance with the proportions, drawing indicating the data necessary for drawing up the Floor Plan or Building (Structure) Plan. The specified drawing (copy of the drawing) is included in the Appendix.

The drawing contains a sketch of the outline of the external main walls of the building, the outline of the walls of extensions, porches, steps, as well as window and door openings along the entire outer perimeter of the walls or partially.

External measurements of the building must be made above the base at the level of the window openings with an accuracy of 1 cm. The starting point for measuring the line (wall) is the corner of the house.

Measurements are made with simultaneous sequential recording of dimensions, starting from one of the outer corners of the building to the beginning and end of window and door openings or their axes, the beginning and end of architectural protrusions, columns and other elements along the entire perimeter of the walls of the main building and extensions. In those places where measurements along the entire perimeter of the walls are not available due to adjacent neighboring buildings, the length of the wall is determined by summing the internal dimensions of the rooms and the thickness of the walls and partitions.

The measurement results must be recorded in such a way as to ensure readability of the drawing. Corrections to measurement results in the drawing are made by crossing out the incorrect value and writing the correct value above.

33. To design the graphic part of the technical plan, special symbols are used in accordance with the Appendix to these Requirements.

34. The graphic part of the technical plan is drawn up on a scale of 1:100 on sheets of A4 format, and in the case where the location of the premises cannot be displayed on a sheet of the specified format, the graphic part of the technical plan can be drawn up on sheets of large formats and (or) on a scale of 1 :200. The design of a floor plan (part of a floor) of a building (structure) is carried out with an accuracy of ± 0.5 mm using a scale ruler with millimeter divisions or using computer graphics.

35. The floor plan or building (structure) plan is placed symmetrically to the edges of the sheet. The side of the main facade in the plan should be located at the bottom, parallel to the bottom edge of the sheet. If it is impossible to determine the main facade, the south side of the building is located below, parallel to the bottom edge of the sheet. In this case, the direction of the cardinal points is indicated in the upper left corner of the sheet, and a corresponding entry is made in the “Conclusion of the cadastral engineer” section. The distance between the floor plan (part of the floor) of the building (or structure) and the edges of the sheet should not be less than 2 - 3 cm.

36. On the Floor Plan or Plan of the building (structure) are displayed on a scale in accordance with the dimensions on the floor plan, which is part of the design documentation, in the graphic part of the technical passport of the building or drawing:

Walls and partitions;
- windows and doors;
- stairs, balconies;
- internal wall projections.

37. A floor plan or a building (structure) plan is drawn up after checking the sum of measurements taken outside the building and the sum of measurements taken inside the building on the same side (taking into account the thickness of the walls and partitions).

The preparation of a Floor Plan or a Building (Structure) Plan is carried out by sequentially drawing on it the facade line of the building (structure), side lines of the building (structure), main walls, partitions, openings and stairs.

38. In the center of the Floor Plan, at the top of the sheet, the floor designation is indicated (for example, ground floor, 1st floor, etc.).

39. On the Floor Plan or Building (Structure) Plan, parallel to the direction of the corresponding walls and partitions, the completed linear measurements from the outline are displayed or the corresponding dimensions from the floor plan, which is part of the design documentation, are displayed.

40. All numbers on the Floor Plan or Building (Structure) Plan are displayed parallel to the bottom edge of the sheet or its right side and are located perpendicular to the measurement lines.

41. The plan of part of the floor, and in the absence of floors of the building (structure) - the plan of part of the building (structure) is drawn up if the premises are located within an isolated part of the floor of the building (structure) or part of the building (structure) (building entrance, separate block -section, etc.).

The plan of part of the floor, and in the absence of floors of the building (structure), the plan of part of the building (structure) is drawn up in accordance with paragraphs 31-39 of these Requirements. In this case, on the Plan of part of the floor, and in the absence of floors of the building (structure) - on the Plan of part of the building (structure), the designation of such part is indicated (for example, entrance No. 1, etc.).

42. If the premises are located within several floors of a building (or structure), the graphic part includes the corresponding floor plans of the building (or structure) or plans of the corresponding parts of the floors of the building (or structure).

43. On the Floor Plan or Plan of a part of the floor of a building (or structure), and in the absence of floors of a building (structure) - on the Plan of a building (structure) or Plan of a part of a building (structure), drawn up in accordance with these Requirements, the following are displayed:

1) location of the room - the boundaries of the geometric figure formed by the inner sides of the external walls of the room (and in cases provided for by these Requirements - additionally the location of part of the room), and its number on the floor;
2) the designations and inscriptions provided for by these Requirements.

Technical plan of the house

To register ownership of a house, as well as to carry out any legal transactions with it (purchase and sale, exchange, donation, inheritance, etc.), a cadastral passport is required. To obtain it, you need a technical plan of the house.

To order it, you will need one of the following documents:

Project documentation;
permission to put the house into operation;
technical passport of the house.

The cadastral engineer certifies copies of these documents with his signature and places them in the Appendix to the project.

It is possible to prepare a technical plan for a residential building even in the absence of the above documents - in this case, its owner must fill out the Declaration of Real Estate form in strict accordance with the instructions. The information provided in the Declaration must be reliable.

Documents can be ordered not only from the bodies carrying out technical registration (BTI, Rostekhinventarizatsiya), but also from cadastral engineers who have qualification certificates. But with the end of the transition period, BTI and Rostekhinventarizatsiya will lose the right to issue these papers.

When choosing from whom to order such an important document, it is necessary to take into account not only the cost of the technical plan for the house - special attention should be paid to the experience and qualifications of the cadastral engineer. Since very high requirements are imposed on the design of projects, if errors are identified in this document, you may be refused to register the property.

When it is necessary to register rights to a part of a residential building, it is necessary to prepare a separate technical plan for it. This can only be done if the house is already registered in the cadastral register.

The cadastral engineer measures the premises included in the part of the house for which a technical plan is required, and takes the necessary data from the project or technical passport of the house.

The technical plan can be ordered on paper in a quantity of two copies: one of them is sent to the cadastral registration authority, and the rest can be used by the customer at his own discretion. But the electronic form of this document is becoming increasingly popular, allowing you to save not only money, but also time.

The technical plan of an apartment building can be ordered only after receiving a Permit to put the house into operation or design documentation. To make it, you do not need to take measurements of all the apartments in it, but only need to draw the outline of the building and record its location on the land plot in the coordinate system adopted for the state real estate cadastre.

Technical plan of the structure

Technical plan of a structure - a document that reproduces certain information entered into the state real estate cadastre (GKN), and indicates information about the structure necessary for registering such a structure, information about part or parts of the structure, or new ones necessary for inclusion in the GKN information about the structure to which the cadastral number has been assigned.

A structure is a result of construction, which is a volumetric, planar or linear building system, having ground, above-ground and (or) underground parts, consisting of load-bearing, and in some cases, enclosing building structures and intended for performing various types of production processes, storing products, temporary stay of people, movement of people and goods (clause 23 of part 1 of article 2 of Federal Law No. 384-FZ).

A structure is one of the most diverse types of capital construction projects, so probably the most common of them are the following objects:

Power lines (power lines, overhead lines);
- gas pipelines, water pipelines and other pipelines;
- roads, including railways;
- canals, dams and other hydraulic structures.

To register any structure in the cadastral register (as well as subsequent registration of rights to the structure), a technical plan for the structure is required.

The form of the technical plan of the structure and the requirements for its preparation (which establish the rules for its design) are fixed by order of the Ministry of Economic Development of Russia No. 693.

The technical plan consists of text and graphic parts, which are divided into sections that are required to be included in the technical plan, and sections, the inclusion of which in the technical plan depends on the types of cadastral work.

The text part of the technical plan of the structure includes the following sections:

1) general information about cadastral work;
2) initial data;
3) information about the measurements and calculations performed;
4) description of the location of the structure on the land plot;
5) characteristics of the structure;
6) information about part (parts) of the structure;
7) conclusion of a cadastral engineer.

The graphic part of the technical plan of the structure includes the following sections:

1) diagram of geodetic constructions;
2) layout of the structure (part of the structure) on the land plot;
3) drawing of the outline of the structure (part of the structure);
4) a floor plan or part of a floor of a structure, and if the structure does not have floors, a plan of the structure or part of a structure indicating on this plan the location of the relevant premises.

The technical plan is drawn up in the form of a separate document for each created structure.

If several structures are formed simultaneously as a result of the transformation of a structure, or in the case of the formation of a structure and part (parts) of a structure, the technical plan is drawn up in the form of one document. In the case of preparing a technical plan for certain types of structures (linear and the like), located in more than one cadastral district, such a technical plan is drawn up in the form of one document containing information both in relation to the entire structure and in relation to each part of the structure located in a specific cadastral district.

Information about the structure, with the exception of information about the location of the structure on the land plot, is indicated in the technical plan on the basis of the cadastral work of the design documentation of the structure submitted by the customer, permission to put the structure into operation or a prepared technical passport of the structure.

If, in accordance with previously existing legislation in the field of urban planning, permits for the commissioning of a linear structure were issued by local government bodies of the municipalities on the territory of which the linear structure is located, copies of all permits for the commissioning of a linear structure are included in the Appendix.

If, in cases provided for by legislation in the field of urban planning, the production or acceptance of these documents is not required, information about the structure is indicated in the technical plan on the basis of the declaration.

Technical Action Plan

Technical Action Plan - a system of planned measures to improve the organization of production and labor, the introduction of new equipment and technology, scientific and technical achievements in production; is an integral part of the technical industrial and financial plan of the enterprise.

The plan of organizational and technical measures includes a complex of organizational and technical work carried out in order to increase the technical level of production and manufactured products, and master the production of new high-quality products.

The main goal of the plan of organizational and technical measures is to fulfill tasks for mastering the production of new products with lower production costs, high quality, and the introduction of best practices.

The organizational and technical action plan is part of the production efficiency improvement plan and includes the following subsections:

A) creating new and improving the quality of products;
b) introduction of advanced technology, mechanization and automation of production processes;
c) improvement of management, planning and organization of production;
d) measures for the scientific organization of labor.

For each subsection, a plan of specific activities is drawn up, deadlines for implementation, performers, sources of financing and economic effect are indicated.

The implementation of activities must be documented in an implementation certificate drawn up in the prescribed form. At the same time, the amount of savings for each measure obtained from the moment of its introduction into production and per year is determined, including savings from the reduction of material and labor costs, and the relative release of workers.

The development and implementation of a plan of organizational and technical measures is the most important condition for introducing the achievements of science and technology into production, increasing production efficiency and product quality. This is especially important in conditions where enterprises are being transferred to full economic accounting, which involves the maximum use of production reserves.

Technical development plan

The effective operation of enterprises in a market economy largely depends on how reliably they foresee the long-term and short-term prospects of their development, i.e. forecasting.

The central section of the enterprise development plan is the product production plan (production program), which sets targets for the production of certain types of products in physical and value terms, and provides for further improvement of product quality.

Technical development and production organization plan

This plan should include the following subsections:

Development of new types of products and increasing the technical level of manufactured products;
introduction of advanced technologies;
increasing the level of mechanization and automation of production;
improvement of the management system, planning and organization of labor and production at the enterprise.

The same section should contain calculations of the expected effect from innovation activities in the management and production spheres. For each area of ​​innovation activity, specific measures are developed, the required volumes of investment and the expected economic effect are calculated. Depending on the goals defined by the strategic plan of the enterprise, priorities for innovation activity are set. This allows you to focus limited investments on the most significant areas for the enterprise.

Capital construction plan

This section of the plan includes: determining the required volume of capital construction and distributing it among facilities, determining the volume of new fixed assets and production capacities to be put into operation, determining the volume of necessary capital investments and sources of financing, which can be: the enterprise’s own funds, borrowed from banks funds, investments of third-party investors interested in making a profit from investments.

Key indicators of the capital construction plan: commissioning of production facilities based on technical re-equipment and reconstruction; commissioning of production capacities through the expansion of existing production capacities and the construction of new fixed assets.

The scope of capital work includes the cost of all types of construction work, equipment installation work, the cost of equipment that is provided for in estimates and construction plans, as well as the costs of design, survey, drilling and other types of work.

Procurement plan (materials and technical supplies)

This section determines the need for basic material and technical resources and the sources of their acquisition (main suppliers, supplies under long-term contracts, industrial cooperation, etc.). The development of a material and technical supply plan should be preceded by the formation of scientifically developed standards for the consumption of material resources, as well as measures to save them.

Technical support plan

The technical support plan is a set of documents that reflect and evaluate the need for material resources and propose options for sources to satisfy this need. In other words, the logistics plan is a critical part of the organization’s long-term strategic planning and economic development.

The cost of resources necessary for consumption is determined by planned procurement prices, consisting of the following elements:

1. prices of wholesale suppliers. They determine the value of the supply of primary sellers - owners of resources and the cost of a unit of raw materials at which a purchase and sale transaction can be carried out;
2. railway tariffs, which play an important role in determining the actual price of purchased raw materials. They are also reflected in the final prices and determine the cost of delivery;
3. a supply and sales organization that buys resources from wholesalers at wholesale prices, then resells them at inflated prices. In them it includes the cost of its own mediation services. Thus, her profit is the difference between the wholesale price of resources and her own;
4. packaging costs, which include all cash costs associated with packaging;
5. delivery costs to the enterprise - these are funds that the organization pays for delivery directly to the enterprise’s warehouse or directly to its divisions (shops) for subsequent processing.

The price list is the most complete document of upcoming expenses. Thanks to its availability, the organization correlates the necessary with the possible and determines the amount of raw materials that can satisfy the needs of production and at the same time be optimal in price. The conditions for the development of sound logistics plans are progressive standards for the consumption of raw materials and fuel. The rate of consumption of working capital is the highest price, its maximum permissible value, which is established in accordance with certain production conditions of material costs for the production of a unit of output.

There are several classifications of logistics plans:

1. According to the duration of the planning period:

1. current plans;
2. long-term plans.

2. By stage of development:

1. preliminary plans;
2. final plans.

3. By scale of action:

1. plans of enterprises;
2. plans of structural divisions, workshops.

Preparation of a technical plan

The technical plan contains two parts - graphic and text:

The text part includes all the necessary data required to register an object on the cadastre. It has several sections and the composition varies slightly depending on the property.
- The graphic part consists of several diagrams and plans (depending on the property) that graphically reproduce the location of the object on the ground or within the building and other data.

Sequence of actions of the owner of the property:

Collection and preparation of all necessary documents. Transfer them to the cadastral engineer for review.
- Ensuring unhindered passage of the engineer to the property if necessary to carry out measurements.
- Receipt of a ready-made technical plan for the property within the agreed time frame.
- Submitting an application to the cadastral chamber (together with the technical plan) and registering the property for cadastral registration, which results in obtaining a cadastral passport for the property.

When the cadastral passport is already in hand, you can contact the registration chamber to register ownership and obtain a certificate.

Technical site plans

According to legislative innovations, from January 1, boundary plans and technical plans of sites can only be obtained from cadastral engineers authorized to carry out work of this type. Citizens of the Russian Federation will not have to deal with the preparation of cadastral passports - such a document will be immediately transferred from the cadastral chamber to the registration authority. For one year, cadastral engineers will draw up and issue boundary and technical plans. This procedure can also be carried out by qualified BTI employees.

The main tasks of BTI in the new year

BTI will play the role of an institution for creating, storing, updating and providing information at the request of consumers. Now the BTI service will collect information that can later be used in other departments, for example, in local governments. By contacting the BTI, you will be able to obtain information about the actual condition of the property, its technical characteristics, the level of improvement at the selected facility, etc. The data obtained here can be used for licensing various types of activities.

Drawing up a technical plan

The technical plan is intended to individualize capital construction. The technical plan must include a technical passport of the real estate object. With the help of the new technical plan, it will be possible to easily determine the location of the object.

Now such a document will also include a graphic part:

Drawing including numbering of turning points.
Plan of the location of the object on the site.
Brief description of the object (address).
Information about the customer and contractor for the construction of the facility.
Material for making walls and ceilings.
Purpose of the object (residential or non-residential object).

In addition, the technical plan must contain an extract for the land plot, including the coordinates of the object. Also, the technical plan must be accompanied by title documents for the property in question and permission to put the property into operation. The technical plan must be supplemented with a technical passport. The production of such a document can be ordered from the BTI; it will contain complete information necessary for drawing up a technical plan.

Technical production plan

Technical preparation of production is the object of in-plant planning and represents, to a certain extent, the detailing and specification of plans for the technical and organizational development of production.

Technical training plan

The development of a plan for technical preparation of production is an organic part of long-term and medium-term planning. The long-term plan determines the main directions and stages of technical training, the timing of its beginning and completion, broken down by type of work, specific performers, sources and objects of financing. Annual plans include those stages and types of work that must be performed during the planned year.

The initial data for planning the technical preparation of production are: assignments of the technical development plan of the enterprise; standards for determining the composition and scope of work, their duration at all stages of technical preparation.

Planning methods

In organizing planning for technical preparation of production, standards for technical preparation of production play a significant role.

Among the standards, it is necessary to distinguish: volumetric production standards, standards for the volume of work for preparing production in physical terms, and standards for the labor intensity of these works.

These standards are local in nature, since for their development it is necessary to analyze and summarize the reporting data on the development of new products at a specific enterprise, taking into account the specifics of its functioning and economic condition.

Volume standards provide a basis for calculating the volume of technical preparation work in physical terms. These calculations are based on such indicators as the number of technological operations, the volume of drawings and technical documentation, the number of original parts and their complexity in manufacturing.

Labor intensity standards for technical preparation of production are determined by standards that reflect the experience of product design and technological process design not only at a given enterprise, but also in the industry, at related enterprises, and competing enterprises.

In the planning process, tasks are often set to reduce the time required for technical training in order to accelerate the implementation of scientific and technological achievements in production, reduce the costs of technical training and improve the quality of work.

In practice, in order to reduce preparation time, the method of parallel and parallel-sequential work is used. In this case, work, for example, of the second stage begins earlier than the first one ends, and of the third stage - earlier than the second one ends, etc. As a result of combining different design stages, the overall preparation cycle is sharply reduced.

In organizing work on the creation and development of new equipment and technology, the use of visual graphic images - network diagrams - occupies an important place. They consist of two elements: works and events. Events represent the beginning or end of each type of work, which can be clearly recorded in their initial and final stages. The initiating event is the moment when the first work related to the preparation and implementation of the planned event begins.

On the graph, events are indicated by circles with the numbers indicated in them, jobs - by an arrow connecting sequentially related events. The duration of work is not indicated by the length of the arrow, but by the number of time units indicated above the arrow (usually the number of days or months). Below, under the arrow, the costs of the work are indicated (rubles, man-days). A complete path in a network diagram is a continuous sequence of interconnected activities and events leading from the start to the end event.

The network schedule allows you to most rationally construct the progress of work, establish a strict sequence and order in the implementation of all necessary operations and actions. Using a network diagram, you can determine with sufficient accuracy the timing of each event and, therefore, the timing of achieving the results of the final event. In addition, using a network schedule, it is possible to optimize the timing of the final event, identify and determine the influence of various factors on reducing the duration of each event, and organize control, monitoring and management of the actions of individual performers.

In the process of planning technical preparation of production, the use of norms, rules and requirements established by systems of relevant standards is of great importance. The use of standards creates favorable conditions for ensuring scientific and technical preparation of production at a high level, capable of guaranteeing the competitive quality of manufactured products.

Maintenance plan

A technical operation plan is a set of instructions, recommendations, plans, work schedules and costs necessary for optimal and trouble-free technical operation of a property.

When drawing up a technical operation plan, the Company’s specialists will carry out a technical inspection of building structures, engineering systems and equipment of the building.

The result of the work will be:

Conclusion on the condition of the building, recommendations for repair or replacement of individual elements;
Development of a technical operation concept;
Determining the optimal staff of operation service employees and requirements for them when hiring;
Drawing up job responsibilities, instructions, technological maps, safety instructions (for each employee at the site);
Determination of forms of documentation and reporting maintained at the facility;
Development of a procedure for interaction between building owners and maintenance services;
Determining the composition and list of work to be performed on our own, the list of work for which contractors will be involved.

For each type of work, criteria will be developed for the selection of contractors, suppliers of consumables and spare parts. Also, sample contracts will be developed, an annual budget for the technical operation of the facility will be drawn up, an annual calendar plan for the production of preventive and repair work will be drawn up, the composition of the emergency stock of spare parts and consumables at the facility will be determined, the composition of tools, inventory, small-scale mechanization equipment, equipment, control equipment will be determined. measuring and diagnostic instruments necessary for optimal and trouble-free operation of the facility.

The technical operation management plan also determines the composition of unscheduled work, work performed at the request of facility users, the procedure for their execution, the actions of personnel in emergency situations, the procedure for creating and operating a dispatch service.

During operation according to this plan the following is achieved:

Ensuring maximum and regular profitability of objects in the interests of the owner;
Preserving the value of real estate and creating conditions for its increase in the future;
Flexible operation – ensuring full compliance of the facility with increasing market requirements (modernization, repurposing, reconstruction, etc.).

Composition of documents of the technical operation management plan:

1. Conclusion on the technical condition of the object;
2. Defective statement;
3. List of spare parts, tools and consumables;
4. Job descriptions of technical operation service employees;
5. Standard contract for systems maintenance;
6. Budget for the annual technical operation of the facility;
7. Annual calendar plan for the production of preventive maintenance work;
8. Technological maps of PPR employees of SE;
9. Work order;
10. Journal of work performed;
11. Technical supervision journal;
12. Order to eliminate deficiencies;
13. Spring/autumn inspection report;
14. Preparation plan for periods of operation;
15. Action plan to eliminate deficiencies;
16. Emergency log;
17. Certificate of completed work;
18. Report on completed work;
19. Employee report on work performed;
20. Book of movement of material assets at the facility;
21. Application for the supply of spare parts;
22. Sample memo.

One of the documents provided for registering a lease agreement is the cadastral passport of the building or premises.

Why is it necessary to form part of the room?

If you have registered ownership of a building, but you do not rent it out entirely, then it is necessary to make changes to the cadastral registration of the building in order to form a part for which the encumbrance will be registered. If there is a premises in the property, but only part of it is rented out, changes are made to the cadastral registration of the premises in order to form part of the premises.

As a result of cadastral work, you will receive a cadastral passport of your property with the formed part. In the cadastral passport, part of the building will have the number “building cadastral number/CHZ1”. Part of the premises, respectively, "cadastral number of the premises/PP1"

According to the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” Article 26.

3. In the event that a building, structure, premises in them or parts of premises are leased, cadastral passports of the building, structure and premises indicating the size of the rented area are attached to the real estate lease agreement submitted for state registration of rights. A lease agreement for a premises or part of a premises is registered as an encumbrance on the rights of the lessor of the relevant premises (part of the premises).

Where can I get a technical plan?

Similar to the boundary plan, the preparation and execution of the technical plan is carried out only by the Cadastral Engineer.

To prepare a technical plan, you can contact the specialists of our company or another organization that has certified cadastral engineers on staff. Our cadastral engineers have extensive experience and high qualifications in this field.

How to order a technical plan?

Documents required for preparing a technical plan

  • Title document for a building or premises
  • Cadastral passport of a building, premises
  • Lease contract
  • Technical passport of the building, premises (if available)

Technical plan cost

  • Technical plan for part of the building - from 50,000 rubles
  • Technical plan for part of the premises - from 30,000 rubles

Legal basis

The formation of part of the building and part of the premises is regulated by Orders of the Ministry of Economic Development of the Russian Federation dated September 1, 2010 No. 403 and dated November 29, 2010 No. 583, respectively.

ORDER of the Ministry of Economic Development of the Russian Federation dated 01.09.2010 N 403 "ON APPROVAL OF THE FORM OF THE TECHNICAL PLAN OF A BUILDING AND REQUIREMENTS FOR ITS PREPARATION"

ORDER of the Ministry of Economic Development of the Russian Federation dated November 29, 2010 N 583 "ON APPROVAL OF THE FORM OF THE TECHNICAL PLAN OF THE PREMISES AND REQUIREMENTS FOR ITS PREPARATION"

Why us?

  • we consult for free
  • we work for results
  • individual approach
  • extensive work experience
  • highly qualified specialists
  • real terms
  • certified cadastral engineers on staff
  • geodetic work without intermediaries
  • assistance in solving complex problems

Our cadastral engineers are lawyers in the field of land and property relations who have an understanding of the mechanism for generating and changing information about real estate. They see the problem as a whole, paying combined attention to both land and capital construction projects subject to cadastral registration and registration. In the field of view of a professional cadastral engineer there are numerous aspects that arise when registering land and property relations in order to obtain the intended result of cadastral work and prevent the occurrence of situations that contradict current legislation.

Starting from 01/01/2017, a new federal law came into force, which completely changed the regulatory framework for registering real estate and transactions with it in the Russian Federation - Federal Law No. 218 “On State Registration of Real Estate” dated 07/13/2015. What is a part of the premises and how to register it correctly, read the article.

The changes affected all areas of registration actions and information about real estate objects contained in the state register. Including, the real estate register itself has changed - now it is the Unified State Real Estate Register (). It contains information about the cadastral characteristics of objects, and information about registered rights and restrictions on them.

The concepts and formulations related to the theoretical part are specified and generalized - the concept of a real estate object, types of real estate objects, and the features of registration actions with them are established.

As for part of the premises (building), Federal Law No. 218 defines it not as a separate real estate object, but as registered in the information about the real estate object, which was included in it in connection with the registration of restrictions (encumbrances of the object), and also as an object of proprietary rights limited rights. This approach needs to be especially considered, as well as a legal analysis of the new rules covering cadastral registration of part of the premises (buildings) and registration actions with them.

Expert opinion. The main innovation is that the registration of the lease agreement and cadastral registration of part of the premises or building must take place simultaneously. In 2019, cadastral engineers prepare technical plans and submit them to owners for submission along with the lease agreement.

The concept of real estate

Art. 1 Federal Law No. 218 approved the concept of a real estate object - these are land plots, structures, buildings, parking spaces, unfinished construction objects, premises, unified real estate complexes, and other objects, the common feature of which is a strong connection with the land (their movement is impossible without damaging them purpose), as well as the presence of characteristics that allow objects to be defined as an individually defined thing.

Each object that falls under the specified characteristics is subject to cadastral registration and registration in. In turn, the Unified State Register of Rights contains all information about real estate on the territory of the Russian Federation, which is divided into sections.

How to submit documents for cadastral registration of part of the premises and registration of a lease agreement

In order to submit documents for registration in (cadastral registration, registration of rights), you now need to visit the Multifunctional Center for Public Services (“My Documents”). You can now contact “directly” at just a few addresses, as well as through the Rosreestr website (https://rosreestr.ru/), at least in St. Petersburg and Moscow. You should have a passport, power of attorney or other proof of authority and a complete set of documents with you.

After the MFC employees receive the documents, they are sent to. According to the new law No. 218-FZ, sending documents should take no more than 2 business days.

Deadline for cadastral registration of part of the premises and registration of lease

According to Federal Law No. 218, the period for cadastral registration + registration of rights when submitting documents through the MFC is 12 working days. The period will be shortened if you send documents through the electronic services of Rosreestr and will be 10 working days.
If you are only interested in cadastral registration, then in 2018 the minimum period is 5 working days, if through the MFC - 7 working days.

Expert opinion. The company produces a technical plan within 1 business day. We have specially shortened the production time for the convenience of clients and prompt submission of documents to.

How to draw up a long-term lease agreement correctly

When drawing up a lease agreement, the question often arises: how to take into account the requirements of Rosreestr in order to register the agreement on the first attempt without making changes?

It is enough to follow a few simple rules:

  1. The subject of the lease agreement must clearly state the room numbers and area. Example:

2. How to correctly display part of the premises in a contract?

Legally, there are no restrictions on displaying part of the premises in the agreement; the parties can independently determine the number and composition of documents attached to the lease agreement. But cadastral registration has certain requirements and cadastral engineers must comply with them; they are described in detail in the Order of the Ministry of Economic Development of Russia dated December 18, 2015 N “On approval of the form of the technical plan and requirements for its preparation, the composition of the information contained in it, as well as the form of declaration of the object real estate..."

3. To register the lease agreement with a set of documents, submit and.

The cost of the technical plan is determined individually. You can find out this by phone; it will take no more than 30 seconds.

4. The contract must be stitched and there must be no marks in it.

What not to do (one of the contracts submitted for registration through):

Sample notes in a lease agreement

Result of registering a lease agreement

After the registration procedure for the lease agreement, several documents are issued:

  1. Registered lease agreement in two copies;
  2. with a note about the lease agreement:

State duty details for registration

For Moscow for 2019, the following details apply:

The amount payable for legal entities is 22,000 rubles, for individuals - 2,000 rubles.

Note! The state fee is paid by the person who submits documents for registration. If in the lease agreement one of the persons is an individual entrepreneur (IP), then it is advisable to submit documents through the IP, since in this case the payment of the state duty will be 2,000 rubles.

Leaving an application for registration without consideration - returning the application to the applicant

The applicant may receive such a response from the registration authority in the case when the submitted documents do not comply with the required format: electronic images of documents are not readable (for example), they have corrections. Or, it contains a record of the impossibility of performing registration actions with the object (seizure). Also, documents will be returned if a payment order for payment of the state fee is not submitted.

The law does not provide for the obligation to provide a payment receipt, but for the registration authority its absence is an additional reason to return the documents to the applicant. We recommend that you always include a payment document with your registration kit.

Suspension of cadastral registration, refusal to register part of the premises

As we said above, when registering part of a premises for rent, there are no strict requirements by law, however, Rosreestr authorities often substitute concepts and may unreasonably suspend cadastral registration or even refuse it.

Law No. 218 provides for the grounds for refusal of cadastral registration and all of them relate to cases where, when a suspension was issued by the registration authority, the interested person did not eliminate his comments. There are no other grounds in the law. Those. Unlike previously applicable regulations, from January 1, 2017, the applicant cannot be issued or registered rights immediately after submitting documents - Rosreestr authorities are required to first provide a suspension and the opportunity to correct these documents.

There is a period of no more than 3 months for correction. It may be extended for certain reasons.

In 2019, suspension of registration by decision of Rosreestr is one of the tools of the registering authority to slow down the registration procedure and keep submitted documents regulated for suspension for three months without considering them. Increasingly, our organization receives notifications from Rosreestr that, according to Federal Law No. 218, the period for reviewing documents for initial submission is 10 working days. Upon receipt of a suspension and attempts to remove it, applicants are not sent any notification from the registration authority - registrars do not even open the additional documents submitted until the three-month period has expired. Indeed, Federal Law 218 contains a gap that Rosreestr employees are now taking advantage of to avoid fulfilling their legal duties. We asked for clarification from the Ministry of Economic Development on this topic - the response was similar to our conclusion. However, it was said that in 2018 amendments to Federal Law No. 218 will come into force, which, among other things, will regulate the period for checking additional documents after suspension and responding to them.

The adoption of the new Federal Law No. 218 “On State Registration of Real Estate” and its entry into force has changed a lot in the field of cadastral registration and registration of rights, including for tenants and landlords of premises. There have been some improvements - shorter registration periods, simultaneous registration of real estate... but the desire of registrars to avoid established responsibilities leads to a violation of the rights of applicants. The systematization of information about objects is often carried out incorrectly - it contains a huge number of errors and violations that the registration authority does not correct out of “good will” and such issues are resolved in court. Increasingly, we are faced with the fact that objects are registered as they were previously, before the adoption of Federal Law No. 218, but registrars demand that such objects be brought into compliance with the new law, which is also illegal. In suspensions, various requirements are often written, such as incorrectly filled out, lack of building coordinates, lack of a scan of the contract, etc.

Conclusions.

Property rights holders should carefully approach the registration of transactions and rights. The company "" is ready to help in solving the most complex problems in the field of accounting for real estate objects and transactions with them - we are ready to use our many years of experience to achieve the goals of our clients.

The Real Estate Department of the Ministry of Economic Development of Russia, having considered the appeal within its competence, reports.

In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation dated June 5, 2008 N 437 (hereinafter referred to as the Regulations), the Ministry of Economic Development of Russia is a federal executive body that develops state policy and legal regulation in areas related to his areas of activity. According to the Regulations, the Ministry of Economic Development of Russia is not vested with the authority to officially explain the legislation of the Russian Federation, the practice of its application, and is also not authorized to maintain the Unified State Register of Real Estate (USRN), review documents submitted for the implementation of state cadastral registration and state registration of rights, make decisions on state cadastral registration and (or) state registration of rights.

Rosreestr manages the activities of its territorial bodies, monitors and analyzes their activities and develops measures to improve them in accordance with the Regulations on the Federal Service for State Registration, Cadastre and Cartography, approved by Decree of the Government of the Russian Federation of June 1, 2009 N 457, in addition Rosreestr in in accordance with the procedure established by the legislation of the Russian Federation, exercises powers for state cadastral registration and state registration of rights to real estate, maintaining the Unified State Register and providing the information contained therein (clauses 5.1.1, 5.1.2, 5.1.3, 5.15).

At the same time, we also note that the decision to carry out state cadastral registration and (or) state registration of rights, suspension or refusal to carry out state cadastral registration and (or) state registration of rights is made by the rights registration authority in each specific case on the basis of the documents submitted for such registration .

At the same time, we believe it is possible to note the following.

In accordance with Part 1 of Article 14 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law N 218-FZ), state cadastral registration and (or) state registration of rights are carried out on the basis of an application for with the exception of cases established by Law No. 218-FZ, and documents received by the rights registration authority in the manner prescribed by Law No. 218-FZ. In particular, in relation to capital construction projects and their parts, one of such documents is the technical plan.

A technical plan in accordance with Part 1 of Article 24 of Law N 218-FZ is a document that reproduces certain information entered into the Unified State Register of Real Estate and indicates information about a building, structure, premises, parking space or an unfinished construction project required for state cadastral registration such a real estate object, as well as information about part or parts of a building, structure, premises or new ones necessary for inclusion in the Unified State Register of Real Estate objects that have been assigned cadastral numbers.

If an established (established) restriction of rights (encumbrance) extends to part of a building, structure, premises, or a single real estate complex, in order to determine the limits of validity of the established (established) restriction (encumbrance) of rights, the section “Information about part (parts) of the object real estate" technical plan (clause 45 of the Requirements for the preparation of a technical plan, approved by order of the Ministry of Economic Development of Russia dated December 18, 2015 N 953 (hereinafter referred to as Requirements N 953). At the same time, in the graphic part of the technical plan, special symbols indicate the boundaries of the established (established) limitation (encumbrances) rights (borders of part of the real estate). In the presented technical plan, the formed parts of the building, located on one (first) floor of the building within the boundaries of one room, are described in the relevant sections of the technical plan both in the form of an outline of a part of the building, and in another form. According to the information from the public cadastral map, this building has 8 floors, and therefore the boundaries of the formed parts of the building in the relevant sections of the technical plan cannot be reflected in the form of an outline of a part of the building.

Please note that, in the opinion of the Real Estate Department, the provision of subparagraph 34 of paragraph 1 of Article 26 of Law N 218-FZ is applied when carrying out state cadastral registration exclusively in relation to premises, if it is not isolated or separate from other premises in a building or structure (with the exception of parking spaces).

Law No. 218-FZ and Requirements No. 953 do not establish requirements for the isolation or isolation of a part of a building, structure, or premises.

Thus, when carrying out state cadastral registration in connection with the formation or cessation of existence of a part of a building, structure, premises to which restrictions (encumbrances) of rights apply, with the exception of the case if cadastral work was simultaneously carried out in connection with the creation or formation of the premises, the provision of paragraph 34 Part 1 Article 26 of Law No. 218-FZ does not apply.

In accordance with Part 5 of Article 44 of Law N 218-FZ, if a part of a building or structure, the right to which is registered in the Unified State Register of Real Estate, is leased, in particular a block section, an entrance, a premises, including in the form of a floor, several floors, a set having common building structures of rooms (adjacent rooms in the premises) located within the floor (floors), state cadastral registration of such part of the building or structure is carried out simultaneously with state registration of the lease agreement for such part of the building or structure without a corresponding application. In the case of the lease of part of a building or structure, state registration of termination of the right to the building or structure and the removal of such a building or structure from the state cadastral register are not carried out.

Based on the provisions of paragraph 34 of part 1 of Article 26 and part 5 of Article 44 of Law N 218-FZ, when assessing the legality of suspending state cadastral registration and (or) state registration of restrictions on rights in the case of leasing real estate, the subject of such a lease agreement is of significant importance, which can represent both a part of the building (if the object of property rights is a building, including if such part of the building does not represent a room or a set of rooms recorded as premises), and premises in the building (if the object of property rights is a premises ). From the information contained in the appeal and the copies of documents attached to the appeal, it is not possible to draw an unambiguous conclusion as to which object is the subject of the described lease agreement - parts of the building or premises. In particular, as follows from the conclusion of the cadastral engineer included in the technical plan, the technical plan was prepared in connection with the formation of two parts of the building located at the address: Moscow, Moskovsky village, Kievskoye highway, 22 km, doml. 6, page 1.

However, the notice of suspension of state registration of the lease agreement dated January 26, 2017 states that, according to the presented lease agreement for non-residential premises, it is the non-residential premises that are being leased.

Taking into account the above contradictions in the presented documents, as well as taking into account the described features of the implementation of state cadastral registration and (or) state registration depending on the subject of the lease agreement (part of the building or premises), the preparation of a substantiated legal position of the Real Estate Department on the issue raised in your appeal does not seem to be possible possible.

Additionally, we believe it is important to note that in order to carry out state cadastral registration and state registration in relation to parts of real estate, the requirement for the need to attach to the technical plan of such an object a conclusion on the condition of load-bearing structures is not provided for by Law N 218-FZ.

A.V. Nuprienkova

Document overview

Clarifications were given on the issue of cadastral registration of part of the building for the purpose of registering a long-term lease agreement. In particular, the following is stated.

If a part of a building or structure, the right to which is registered in the Unified State Register of Real Estate, is leased, in particular, a block section, an entrance, a premises, including in the form of a floor, several floors, a set of rooms with common building structures (adjacent rooms in the premises ), located within the floor (floors), then the cadastral registration of such part of the building or structure is carried out simultaneously with the state registration of the lease agreement without a corresponding application.

When a part of a building or structure is leased out, state registration of termination of the right to it and removal of objects from cadastral registration is not carried out.

When assessing the legality of suspending cadastral registration and (or) state registration of restrictions on rights in the case of the provision of real estate for rent, the subject of the agreement, which can be either a part of the building or premises in it, is of significant importance.