Not all apartment owners know whether a technical passport is needed when selling an apartment. Therefore, when it comes to selling real estate, the document is not presented to buyers along with other documents. Is this legal or is a registration certificate required?
What is a technical passport
A technical passport is a document containing all the important technical information about a property. And it is often required to conduct certain transactions with an apartment. The technical passport contains the following information:
- Property address.
- Owner information.
- Inventory cost.
- Property characteristics (area, number of rooms, building materials).
- Cadastral number.
Help: the apartment plan must be attached to the registration certificate . It is on the basis of this technical plan that a passport for the apartment is prepared. The technical passport is often confused with the cadastral one.
You should know that these are completely different documents, since the cadastral passport usually contains only brief information that may be required when selling or donating real estate.
And they issue it based on the information contained in the registration certificate.
Why do you need it and how to get it
Usually, after construction is completed, a technical certificate for the building is issued. This is the responsibility of the developer. But the documents for a specific apartment must be drawn up by the owner after he registers ownership.
In other words, every apartment owner must have a technical passport. Before a real estate transaction, it is better to update the data in it, as some information may change. For example, inventory value or room layout. Most often the document is used in the following cases:
- when applying for a mortgage in order to determine the market value of the apartment;
- in order to find out the amount of tax payments;
- when carrying out various transactions with an apartment (sale, donation, inheritance);
- if necessary, redevelop the living space;
- to obtain property insurance;
- to conduct technical expertise;
- if it is necessary to determine the amount of rent;
- when dividing property;
- to obtain a cadastral passport;
- in order to transfer an apartment from one category to another (their residential to non-residential).
If the property owner does not have a technical passport, one must be issued. To do this, you should contact the technical expertise bureau and provide:
- identification documents;
- papers confirming ownership of property;
- the heir must provide a certificate of right to inheritance;
- if real estate is being privatized, then certificate No. 7 will be required;
- a notarized power of attorney, if the documents are submitted by a representative of the apartment owner;
- a certificate stating that the state duty has been paid.
In case of redevelopment of a property, the BTI may require the provision of additional documents. The owner is also required to draw up and submit an application for a registration certificate.
If the document is being drawn up for the first time, the owner needs to fill out form No. 4. This form is also issued if the home is being prepared for sale or redevelopment. Filling out this document implies that a specialist will come to the site and assess the condition of the apartment.
If the owner of the property issues a new registration certificate after losing the old document, he needs to fill out form No. 3. It does not stipulate that a specialist visit is required.
Sometimes it happens that it contains incorrect information. For example, the wrong area of the apartment is written. To carry out a transaction for the sale and purchase of living space, the registration authorities will definitely require the error to be corrected. Therefore, the owner will still have to contact the BTI.
When receiving papers from the owner, the BTI is required to issue him a receipt. After submitting all the papers, the bureau staff checks them.
A day must be appointed when he needs to come for the finished registration certificate. Usually it is issued within 10–15 days. To do this, it is enough to provide a passport and a receipt.
You should know that to sell an apartment you need not only a technical passport, but also a cadastral one.
As for paying the state duty, this is a mandatory procedure when obtaining a registration certificate for housing. According to data for 2023, a certain amount of state duty is not provided for this service. On average, the owner will have to pay 900–1000 rubles. If the document is needed urgently, the fee will increase.
Validity
Many homeowners do not know how long a technical passport is valid when selling an apartment. By law, the document must be renewed every 5 years, but in fact its validity is unlimited.
Therefore, owners contact the BTI for this only if necessary. For example, when redeveloping living space, which is considered illegal without notifying the bureau.
Based on this, we can say that if no changes were made to the layout, then it remains valid.
[smartcontrol_youtube_shortcode key=”documents for selling an apartment” cnt=”1″ col=”1″ shls=”true”]
When can you do without a registration certificate?
So do the parties need a technical passport when selling an apartment in 2023? First of all, this paper is necessary for buyers, since they can use it to find out all the technical information. From a legal point of view, it is included in the mandatory package of documents only when applying for a mortgage loan to purchase real estate. In other cases, the seller may not provide a registration certificate, but the buyer has the legal right to request it for review.
If the homeowner refuses to provide a registration certificate, this should alert the buyer. It is possible that illegal redevelopment has been done in the apartment.
[smartcontrol_youtube_shortcode key=”Do I need a technical passport when selling an apartment” cnt=”1″ col=”1″ shls=”true”]
How to check a technical passport
Experts advise buyers to still check all technical information about the property. And the technical passport is perfect for this. First you need to see if it contains information about redevelopment. If changes have been made, but nothing is said about it, the new owner will have problems after purchase.
The minimum fine amount is several thousand people. And if the redevelopment poses a threat to the residents of the house, everything will have to be redone. Therefore, the buyer can insist on a re-inspection of the property, on the basis of which a new registration certificate will be issued. This way you can protect yourself from additional expenses in the future.
To carry out the purchase and sale of housing, many different papers are required.
According to the law, the main document is the cadastral passport, while the technical passport is only necessary to familiarize the buyer with some information about the property.
But the absence of a document may ultimately lead to the new owner having to register an illegal redevelopment and pay a large fine.
Nuances of selling an apartment: do you need a technical passport for this?
A technical passport is a document that contains information about all the technical features of the apartment, data on major repairs and engineering structures of the building.
In addition, without it it is impossible to carry out apartment redevelopment and most transactions related to the purchase and sale of real estate. Find out more about this in our article.
A technical passport is a legally significant document containing all the technical characteristics of a property.
It states:
- Exact address of housing.
- Owner information.
- Inventory cost.
- Characteristics of the building in which the apartment is located, as well as the apartment itself.
- Numbers of the property (cadastral and registry).
Essential characteristics include information about:
- major home renovation;
- footage;
- number of isolated rooms;
- the material from which the house was built, etc.
- You also need to make sure that a graphical diagram of the housing - a plan - is attached to your passport.
- The document indicates the results of an inventory of the premises carried out by a BTI specialist.
- According to the legislation of the Russian Federation, a technical passport is not a mandatory document when selling a home , but in fact it is required if the seller is seriously preparing for the process.
Most often, it is necessary in cases where buyers plan to raise borrowed funds for a transaction, i.e., take out a mortgage loan. In the process of applying for a loan, banks require both technical and cadastral passports for the apartment.
And with almost 100% probability the buyer himself will request the registration certificate - without this document it will not be possible:
- Obtain a housing cadastral passport.
- Apply for a mortgage.
- Register in the apartment.
- Conduct a technical examination.
- Calculate the tax that will be levied on the living space.
- Calculate utility bills.
- Obtain permission to make changes to the layout of the premises.
Important! Registration and issuance are carried out on a fee basis and require payment of a state fee. The exact tariff is not provided; the amount will depend on the region and the complexity of the case. The average fee is 900 rubles.
The amount will also be affected by the urgency of receiving the document. You can pay at BTI branches or at any bank.
Is it necessary to register?
A purchase and sale transaction can be completed without presenting a registration certificate if the buyer is confident that there will be no problems with the property.
This document is required only when applying for a mortgage; banks require a full package of papers for the property, including:
- cadastral passport;
- certificate in form No. 9 and others.
The transaction is permitted only after all documentation has been verified.
Is it possible to sell a home without this paper?
It is possible to sell an apartment without obtaining a technical passport if the parties to the transaction reach an appropriate agreement. If the buyer meets the owner halfway, the purchase and sale agreement will be signed without this document.
Do I need to change to a new one when the owner of the property changes?
There is no need to change the document to a new one when planning a home sale transaction , since it does not apply to the main title documents. Like all other technical documentation, its validity period is 5 years from the date of issue.
The exception is those cases when redevelopment or reconstruction of housing was carried out during this period.
During registration, Rosreestr employees independently request cadastre information, and if the apartment is included in the State Property Committee database, then the owner will not have to order an extract to register the transaction.
Exceptions are possible if:
- Housing is purchased using borrowed funds.
- If the seller is under 18 years of age, the guardianship and trusteeship authorities may require additional documents, including a cadastral passport.
Risks of transactions without a document
A buyer who decides to purchase an apartment will check not only the existence of the document itself, but also the accuracy of the information contained in it. Otherwise there may be problems:
- The cadastral value of housing may be overestimated for some reason. This will entail a significant increase in taxes that the new owner will have to pay.
- You should also be wary of illegal redevelopment. Possible problems for the new owner will depend on the scale and complexity of the changes made. Supervisory authorities may require the return of the original layout. In this case, construction work will be carried out by the new owner of the premises at his own expense.
Attention! Unauthorized change of information contained in the technical passport is punishable by a fine. If this fact is discovered after the sale of the apartment, the new owner will have to pay a fine.
We discussed an important document that characterizes the property and is required by almost all official authorities, but the purchase and sale transaction can be carried out without it. It is worth noting that not every buyer will agree to such a condition, since the risks of the transaction will increase significantly.
If you find an error, please select a piece of text and press Ctrl+Enter.
Is it necessary to obtain a technical passport when selling an apartment and what is its validity period?
A technical passport is not just a formal document issued when purchasing or constructing residential real estate.
It contains important information that allows you to control the implementation of major repairs, have an idea of the engineering structures of a residential building, and also easily determine the fact of redevelopment. Do you need a cadastral and technical passport when selling real estate?
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7 (499) 938-44-61. It's fast and free!
Show content
Find out on our website how a cadastral passport differs from a technical one. And also about the concepts of a technical plan and a cadastral extract for an apartment.
What is the need?
Since 2012, this concept has been replaced by a technical plan, but it has completely retained its structure and has all the data that was previously indicated in the technical passport.
The presence of this paper allows you to obtain a cadastral plan, make an assessment of the market value of housing, register other residents, set the standard for paying utility bills, and make redevelopment.
Officially, the seller is obliged to provide a technical plan, but in reality this does not always happen. If the buyer himself does not make any complaints about this , the transaction can be completed without him.
- The buyer must independently check the availability of all documents when completing a home purchase transaction.
- After purchasing it, it is no longer possible to challenge the fact that there are no certificates and you will have to pay for the registration of a new technical passport yourself.
- Read our articles about how to find out the cadastral value of your property by address or registration number, as well as how to challenge it.
When can you do without registration?
You can do without this document in any case if you are not afraid of problems with the purchased property . An exception is the execution of a mortgage sale transaction.
In such transactions, the bank requests a full package of papers, which also includes a housing passport, an extract from the house register and much more.
After checking all submitted papers, the bank can authorize or prohibit the purchase .
Regardless of how an attempt is made to sell or buy an apartment, the buyer has every right to demand the provision of a technical passport .
You can find out how much it will cost to order a document from the BTI, as well as why it is better to order a cadastral certificate from the MFC on our website.
Validity
- Officially, the technical plan does not have an expiration date , the exception is when redevelopment is carried out, then a new one is issued.
- But the Bureau of Technical Inventory (BTI) requires document replacement every five years.
- In most cases, none of the owners of apartments and residential buildings come for such documents until the need arises to sell square meters .
- If the BTI issues a technical plan that has limitations on its validity period, such a step may be regarded as a violation of the law.
A technical passport is produced at the official request of the owner of the living space for a period of 15 working days . The cost of completing the procedure is 900 Russian rubles .
If a technical plan for sale is required much faster, you can speed up the procedure, but the cost of registration will be 1300-2000 Russian rubles. The production time in this case will be 10-15 days.
Regardless of whether privatized or non-privatized residential space is purchased, it is better to require the provision of all documents , including a registration certificate.
This document is especially needed if redevelopment has been carried out in the living rooms. If government agencies inspect apartments for the presence of illegal alterations, the new tenant will have to be responsible for its implementation.
The list of papers for registering an apartment, as well as for obtaining a cadastral certificate, is available on our website. Read also about how to find out the registration number of an apartment in five minutes, and how to make changes or correct an error in the document.
If you find an error, please select a piece of text and press Ctrl+Enter.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now:
+7 (499) 938-44-61 (Moscow)
It's fast and free!
Is it possible to sell an apartment without a technical passport?
The preparation of the technical passport is carried out at the BTI. This important document is issued to all self-respecting property owners. It is issued only to home owners, municipal apartment tenants and authorized representatives.
What is indicated in the real estate passport
The technical passport contains all the necessary information about the apartment: it indicates the date when the house was built, major repairs were carried out, the location of the house, what material the floors and interior decoration are made of, utilities and the cost of the apartment. In addition, the square meters of all rooms and the entire house are indicated here.
Do I need a technical passport for sale, privatization and purchase?
When owners make various transactions with their real estate, in addition to searching for bona fide clients, there is a need for paperwork. No transaction can be carried out without the appropriate forms. Without a technical passport you will not be able to do the following:
- Get a cadastral passport for the apartment.
- Buy an apartment with a mortgage (banks require this document in order to determine the market value of the property).
- Register someone.
- Conduct a technical examination, because it is impossible to do without the information from the technical passport.
- Establish a housing tax.
- Calculate utility bills.
- Agree on the redevelopment. Each change in the plan must be recorded in the technical passport.
- Exchange, sell, inherit housing.
Is it possible to sell an apartment without a technical passport
The owner of the apartment will not be able to make any transactions with it if there is no TP. Naturally, the transaction can only be carried out after updating this document. It adds information about changes in the room. In addition, before selling an apartment, you need to find out about the characteristics of the premises that have changed and about the current cost of housing.
Does the date of issue of the registration certificate matter?
Despite the fact that the registration certificate is valid for an unlimited time, in order to carry out any action with housing (redevelopment, sale), you need to see if five years have passed since the passport was issued, otherwise it will need to be renewed.
Where can I get it?
Technical passports for housing and non-residential properties are issued by the BTI for a fee. This organization does not set the validity period of the passport. In this case, the protest can be carried out by the courts.
Documents required to obtain a registration certificate
The organization issuing TP requires the provision of the necessary documents:
- Passport with registration to confirm personal data.
- A document confirming ownership of property.
- When registering inheritance rights, you will need ID cards of both owners with an inheritance document.
- When an apartment is privatized, they require certificate number 7 with a rental agreement, if they are privatizing communal living space.
- If they are remodeling, they provide the documents required by the BTI.
- When contacting an authorized representative of the apartment owner, you will also need to have a power of attorney and a passport.
- A receipt indicating that the duty has been paid.
How to issue a technical passport
With the necessary documentation, it becomes possible to visit the BTI and fill out an application to receive a passport. The application must contain the necessary information.
Owners of new apartments who have not previously received a passport will be issued Form 4. A similar form was issued when they remodeled the premises and completed a purchase and sale transaction.
When this document is drawn up, a technician goes to the site to assess the technical condition of the premises.
To obtain a new TP, due to the loss of the previous one, fill out form number 3, without a visit from a technical specialist.
Employees of the organization will check the application with all documents attached to it. The owner will be given a receipt indicating that all necessary documents have been submitted.
You can go for your registration certificate on the appointed date. Once the documents have been accepted, you can schedule a time for a technician to come to inspect the apartment. The technician will take the appropriate measurement and issue a conclusion in accordance with the established procedure.
The TP is issued after providing a receipt issued by the BTI department stating that the documents were received. Once this procedure is completed, any transaction can be concluded.
You can get TP recently using other methods. They do not require long waits and wasting time in line. You can use traditional email, telephone, or a trusted person to do this.
Video: is it possible to sell an apartment without a technical passport
We analyze situations when a technical passport is needed to sell an apartment
Article updated: August 16, 2023
On the transaction itself, i.e. When submitting a sales contract for registration to the MFC/Registration Chamber, you do not need to attach a technical passport. But it may be required in preparation for this transaction. Believe me, there are many such situations:
- A registration certificate is needed to certify the purchase and sale agreement with a notary. Some purchase and sale transactions must be certified by a notary, i.e. You will have to contact a notary to certify the purchase and sale agreement. In order for a notary to certify an apartment purchase and sale agreement, he will need a technical passport. Read the following articles carefully: 1) How to find out whether a notarized agreement for the sale and purchase of an apartment is required in my case (the article was rewritten after the amendment to Article 42 of Federal Law No. 218-FZ came into force on July 31, 2023); 2) If in your case the agreement is required in notarial form, then follow this link to read the instructions on how to have it certified by a notary; 3) Only apartment owners can order a registration certificate. There are 2 instructions: how to order from the MFC “My Documents” or how to order from the BTI. The price in both organizations is from 900 rubles. A complete list of documents for selling an apartment with instructions on how and where to obtain them.
- A registration certificate will be required to obtain permission from the guardianship and trusteeship authorities. If the apartment has minor owners, then to sell such an apartment you need permission from the guardianship and trusteeship authorities. And in order to obtain such permission, you must submit the registration certificate of the apartment being sold along with other documents.
- Often, a registration certificate may be required by the buyers themselves. The most common situations include:
- 1) Buyers with a mortgage. In this case, the bank will not approve a mortgage for the purchase of an apartment if the owners (sellers) do not provide a technical passport. The bank needs to make sure that there is no illegal redevelopment in the apartment.
- 3) If there are minor children among the buyers, then the sale of their real estate and the subsequent purchase of a new one will require permission from the guardianship and trusteeship authorities. To obtain this permission to purchase, you also need to bring the registration certificate for the property being purchased to the guardianship authorities.
- 2) Buyers with maternity capital. The Pension Fund will need a technical passport to approve the payment of capital for the purchase of an apartment. In principle, this applies to many subsidies for the purchase of real estate.
- 4) Buyers themselves want to make sure that there is no illegal redevelopment in the apartment they are buying. This is one of the steps to check the apartment for legal purity. They compare the actual layout of the apartment with the graphic plan from the technical passport.
Apartment plan in the technical passport
As you can see, the technical passport is a fairly popular document for preparing for the sale of an apartment. I often advise my clients or friends to order a new copy of the registration certificate in advance, because... buyers like it when the documents are ready and they are more willing to “make a deal.”
Do you need a cadastral passport to sell an apartment?
Last update: 01/21/2022
Question:
I'm selling an apartment. Do I need to obtain a cadastral passport to sell an apartment to register the transfer of ownership?
Answer:
There may be two options: in one case a Cadastral passport , in the other - not. Depends on whether the apartment is registered in the cadastral register . Let me explain.
To register the ownership of an apartment in Rosreestr, as well as to register the transfer of this right, cadastral registration . That is, in order to complete a purchase and sale transaction, the apartment MUST be registered in the cadastral register .
A cadastral passport is just an extract of data from the unified database of the State Real Estate Cadastre (GKN) . Since 2017, instead of the Cadastral passport, an Extract from the Unified State Register of Real Estate has been issued, which contains the same cadastral registration data.
Cadastral registration takes place at the Cadastral Chamber (here) - a structural division of Rosreestr.
Registration of the purchase and sale transaction of an apartment (more precisely, registration of the transfer of rights) also takes place in Rosreestr.
Therefore, when performing registration actions on a transaction, Rosreestr employees themselves request cadastre data based on interdepartmental requests. And if the apartment is registered in the cadastral register , then the owner (Seller) does NOT need to order a Cadastral passport (Extract from the Unified State Register of Real Estate) to register the transaction.
But there are exceptions.
A cadastral passport (Extract from the Unified State Register of Real Estate) as part of a package of documents for the sale of an apartment may be required in some cases.
For example, if the Buyer uses a mortgage loan, then the lending bank will require additional documents (beyond what is necessary for registration), incl. – Cadastral passport.
Or in the case of the sale of an apartment with a minor owner, then the Guardianship and Trusteeship Authorities may also require a Cadastral passport without fail.
Procedure for an alternative apartment purchase and sale transaction. How to organize it - see the link.
How to find out if an apartment is registered in the cadastral register
Most city apartments are already registered in the cadastral register , and the process of registering apartments continues continuously. In particular, all apartments in new buildings built and commissioned after 2008 (the year the State Property Committee was created) are automatically registered in the cadastral register .
In houses of earlier construction, the situation may be different. For example, if any transactions requiring registration were made with the apartment (purchase and sale, exchange, donation, etc.) after 2008, this means that the apartment also underwent cadastral registration .
In addition, registration of apartments with cadastral registration occurs as planned throughout the country, as well as in a number of other cases, for example, when legalizing redevelopment, when registering an inheritance for real estate, etc.
find out whether an apartment is registered in the cadastral register online on the Rosreestr website, in the “Reference information on real estate” section – here.
To search the database, you need to enter the full address of the apartment.
If the apartment is registered in the cadastral register, then the search results will show its cadastral number, cadastral value and date of cadastral registration.
Information from the State Property Committee is publicly available, i.e. Anyone can request them.
Since 2017, the State Property Committee and Unified State Register databases have been combined into a single database - Unified State Register of Real Estate (for more details, see the link). And cadastral registration data is now pulled from this combined database. For the same reason, instead of the Cadastral Passport, this data is now contained in the Extract from the Unified State Register of Real Estate.
What mistakes do participants in apartment purchase and sale transactions make? See the section “Examples of errors”.
If the apartment is NOT registered in the cadastral register , then in order to sell it the owner will need to take care of this in advance, even before searching for a Buyer. To do this, you need to order the preparation of a Technical Plan for the apartment, and based on this document, register the apartment with the cadastral register .
In the corresponding section of the Glossary you can find out what the Cadastral Passport for an apartment looks like, what information it contains, where you can get cadastral registration data, etc.
Still have questions? Are you plagued by vague doubts? A lawyer can help you! You can order a consultation with a specialized real estate lawyer or complete transaction support HERE.
Rules and sequence of preparing a transaction with an apartment - see the “STEP-BY-STEP INSTRUCTIONS” section (will open in a pop-up window).
Do I need a technical passport when selling an apartment? What BTI certificates are needed to sell an apartment - About the garden and the house
( 10 ratings, average: 5.00 out of 5) Loading…
What is a technical passport of an object
To understand the role of the technical passport in the process of making various transactions, it is advisable to familiarize yourself with what information this document contains and how it can be used in practice in the future. The technical passport contains the following data:
- information about the number of storeys of the building, physical dimensions, area of each individual room;
- information about the date of commissioning of the building, major repairs performed in it;
- characteristics of the walls (thickness, what material they are made of), what the windows are made of;
- data on the foundation, interfloor ceilings, roof;
- presence (absence) of balconies, loggias, their area;
- the layout of each individual floor, information about the premises that make up this object;
- if a technical passport is being prepared for a specific apartment, then a similar detailed set of data will be described in relation to this object. Additionally, the inventory value of the residential premises at the time of registration of the registration certificate will be indicated.
In other words, the technical passport of an object allows you to obtain objective, reliable documentary information about a specific premises or object, in order to be able to make a decision on its acquisition in the future.
Such a document is drawn up on paper and consists of the following sections:
- Title page. This contains the general name of the research object, as well as the date of completion of such actions.
- Information about the apartment (house). This includes all information that fully reflects the condition of the object on a specific date (number of floors, condition of walls, floors, ceilings, degree of wear, repairs, etc.). All this is certified by the signature of the employee responsible for drawing up the section.
- Address plan. The location of a specific property is scaled and visualized.
- Floor plan. This block contains a drawing of a specific apartment on a scale of 1: 200. The area of each individual room and the total area of the apartment are also indicated.
- Explication. This side contains detailed information about each specific room of the apartment (area, general condition, date of last inspection, major repairs).
All information that was received in the process of drawing up a technical passport is subsequently entered into a special state register and used to draw up another document - a cadastral passport.
In what cases is a technical passport required?
- To carry out any real estate transaction, be it a sale, donation, or other forms of change in ownership, you will need to go through the procedure of preparing the necessary documents.
- And the technical passport is one of the key documents, without which the transaction simply will not take place.
- To be more precise, you will have to bother with the registration (re-registration) of a technical passport in the following cases:
- when, in the process of drawing up a mortgage agreement, it is necessary to determine the market value of the property;
- in all cases, determining the required amount of tax to the state after the transfer of ownership;
- during the conclusion of purchase and sale transactions, or donation of real estate;
- if it is necessary to register a third party (required in some cases and is not a mandatory rule for everyone);
- the homeowner planned to change the interior layout of the premises;
- in the process of performing a technical examination of a real estate property;
- to insure an apartment or house;
- if you need to register an inheritance, which is the property in question;
- to calculate the required amounts of utility bills, if the latter are calculated based on the actual area of the apartment;
- when it is necessary to allocate shares of ownership in a residential premises after a divorce, in the event of inheritance by several owners at the same time;
- you need to obtain a cadastral passport for your home;
- it is necessary to carry out the procedure for converting residential premises into non-residential premises (usually these are apartments located on the first floors of residential buildings that are converted into offices, salons, workshops, small shops).
When and where to change the registration certificate
If the owner of the home does not plan to do anything with it, there is no need to change the registration certificate after a certain number of years.
This is not provided for by law. It's another matter if changes are still planned. In this case, the registration of a technical passport must be carried out no later than 5 years before the date of the transaction or action.
The local BTI is responsible for replacing such a document. This service is provided on a paid basis. Now let's look at what BTI certificates are needed to sell an apartment when you need to update your registration certificate. The list included:
- civil passport of the owner, confirming the identity of the owner and his actual registration;
- a document establishing the right of ownership of this home;
- if there is a re-registration of inheritance rights, the passports of the heir and the donor will be required, as well as an agreement (certificate) confirming this action;
- in order to privatize a home, you need to provide a rental agreement for a communal apartment and certificate No. 7;
- if the re-registration is related to redevelopment, the list of documents will depend on the events that have already taken place (the action is only being planned, or has already been carried out without permission, and now they have simply decided to legalize it);
- when it is not the owner who is applying, but his authorized representative, it is mandatory to provide a notarized power of attorney;
- a receipt confirming payment of due duties to the state treasury.
It should be noted that not everyone will be able to obtain a technical passport, but only certain individuals. Their list included:
- property owners;
- citizens who legally rent apartments (rooms) in the municipal housing stock;
- authorized persons (only if there are powers of attorney signed by a notary).
Having all the necessary documents in hand, the applicant writes an application to the BTI, where he indicates the reason for issuing (re-issuing) the technical passport. This is necessary in order to issue the correct form to fill out, as well as to simplify further procedures for communicating with the government agency.
In particular, if standard Form 4 is filled out, then a technician’s visit to inspect the property is mandatory (needed for the initial execution of the document immediately after putting the house into operation, purchase and sale transactions, or in case of redevelopment of the premises).
However, if Form 3 was filled out, this action is not carried out.
All actions on the part of the BTI, up to the arrival of a specialist to inspect the premises, are pre-agreed. You can pick up a completed passport for an object or apartment only after a complete check of documents and a home inspection.
How to check the accuracy of the information in the registration certificate
The home buyer has a personal interest in ensuring that all documents for the apartment are completed correctly. After all, in the future you will have to go through the procedure of re-registration. Failure to comply with the registration certificate at the time of signing the purchase and sale agreement can create very unpleasant situations in the future.
It should be noted that five years may not have passed since the issuance of the registration certificate, but during this period the condition of the housing is deteriorating, some unauthorized redevelopments are being carried out, which significantly affects the market value of the housing. Therefore, the owners are in no hurry to reissue registration certificates.
It should be taken into account that changes to documents of this type should be carried out by specialized BTI specialists. If this is done by other persons, the owner will face a substantial fine.
Moreover, when the transaction is completed and the ownership rights are transferred to the new owner, along with them he receives obligations, including the relevance of the technical passport.
Now the new owner will have to pay all penalties.
Therefore, when selling an apartment, be sure to request a registration certificate for the apartment, updated on the day of the transaction. This will save you a lot of hassle in the future.
Read also: Validity period of the registration certificate for an apartment
© 2018, About the garden and home. All rights reserved.
( 10 ratings, average: 5.00 out of 5) Loading…
Do you need a technical passport when selling an apartment: why, do you need to change it?
When an owner wants to sell a home, he has to prepare and collect documents to provide to buyers. Often, many documents for the property are missing, for example, a technical passport, and the question arises: is a technical passport needed when selling an apartment, does it have a statute of limitations, and does it need to be updated? The answers to these questions are given in the material.
Do I need a registration certificate for an apartment when selling?
A technical passport is a document on several sheets, which reflects the inventory and physical characteristics of the object, as well as a graphic drawing of the location of the premises inside the housing.
This document from the BTI was the main form reflecting information about the object based on the results of a professional inventory until 2012.
Now, when drawing up documentation, engineers issue a technical plan, which replaces the previous form.
However, many citizens have in their hands the old-style forms received before 2012, and they are still valid and have not lost their legal significance.
Why do you need a technical passport?
So, what is the document for? A passport is necessary for a written description of the physical and planned condition of the property - after all, it is difficult to go to the site and measure the area of the rooms, calculate the height of the walls, compliance with standards, study the interior finishing materials and find load-bearing structures every time during real estate transactions. Therefore, a form is used from which you can remotely find out all the information about the object.
What does the document contain?:
- Explication drawing;
- Information about the materials from which the house and specific apartment are made;
- Information about engineering systems and their representation on the diagram;
- Square footage of each room;
- Date of last redevelopment or reconstruction;
- Date of construction of the house;
- Inventory cost.
If the facility has undergone redevelopment or reconstruction, all changes must be made to the BTI plan after obtaining the consent of the municipal executive authorities to carry out major repairs. How much does it cost to redevelop an apartment in BTI? Details here.
The plan is the basis and condition for registering an object for cadastral registration - without this, Rosreestr will not enter information about the object into the Unified State Register of Real Estate and will not register ownership. Without ownership rights, basic actions in relation to an object cannot be carried out.
Based on cadastral registration data, property tax is calculated for individuals. If neither the cadastral nor inventory value of the apartment for property tax is known, the tax may be charged more.
Find out whether it is possible to sell an apartment below the cadastral value here.
Where and how is a technical passport issued?
A home owner who has written grounds for ownership (sale and purchase agreement, privatization, deed of gift, certificate of inheritance, etc.) can contact any MFC “My Documents” and order a BTI plan for the home.
Until 2014, this document could be ordered from the BTI, and multifunctional centers forwarded citizens’ applications specifically to the technical inventory office. After 2014, the preparation of the plan was entrusted to cadastral engineers.
If the property has not been inventoried at all, then you need to call an engineer who:
- Inspect the object;
- Perform the necessary calculations;
- Will prepare a plan within 1-2 weeks.
The technical passport has no validity period
.
The cost of the primary document depends on the tariffs of various companies and the area of housing. A copy of this plan is submitted to Rosreestr when registering property rights and cadastral registration.
Therefore, if the apartment is included in the cadastre, then there is no need to order a new plan; it is enough to request a duplicate from the MFC. Making a duplicate takes from 5 to 12 working days. The service costs 900 rubles.
Do I need to change the registration certificate before selling?
There is no validity period for such documentation. If the apartment was reconstructed or redeveloped, which was not included in the technical plan, then the buyer may require the buyer to change the document. That is, everything depends on the agreement with the buyer.
Is it possible to sell an apartment without a technical passport?
It is possible to sell an apartment without a passport or BTI plan if the buyer agrees to such a condition. After the transaction, he will be able to produce it himself on the basis of a title document - a purchase and sale agreement.
The main package of documents for selling an apartment in this video:
Conclusion
A technical passport is an important document that characterizes an apartment and is necessary for official authorities, but if the sale is carried out on the secondary market, you can agree with the buyer on the sale without it, for example, in the case of the sale of a new building. If a “resale” is put up for sale, then not every buyer will agree to purchase without checking the compliance of the seller’s assurances with the objective data of the documentation. Therefore, an individual approach is required in each situation.
For additional information on this issue, please refer to the “Sale” section here.