1. A technical plan 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, an unfinished construction project or a single real estate complex necessary for the state cadastral registration of such an object real estate, as well as information about part or parts of a building, structure, premises, a single real estate complex, or new information about real estate objects that have been assigned cadastral numbers necessary for entering into the Unified State Register of Real Estate.
2. The technical plan indicates:
1) information about the building, structure, premises, parking space, unfinished construction site, unified real estate complex, necessary for its state cadastral registration, in the case of cadastral work, which results in the preparation of documents for submission to the registration authority of rights of an application for state cadastral registration of such real estate;
(see text in the previous edition)
2) information about part or parts of a building, structure, premises, a single real estate complex in the case of cadastral work, which results in the preparation of documents for submission to the rights registration authority of an application for state cadastral registration of part or parts of such real estate;
(see text in the previous edition)
3) new information necessary for entering into the Unified State Register of Real Estate about a building, structure, premises, parking space, an unfinished construction project or a single real estate complex that has been assigned a cadastral number, in the case of cadastral work, which results in the preparation of documents for submission to the registration authority for the rights of an application for state cadastral registration of such real estate.
(see text in the previous edition)
3. The technical plan consists of graphic and text parts.
4. In the graphic part of the technical plan of a building, structure, unfinished construction object or single real estate complex, information from the cadastral plan of the relevant territory or an extract from the Unified State Register of Real Estate about the corresponding land plot is reproduced, and also indicates the location of such building, structure, unfinished construction object or single real estate complex on a land plot. The graphic part of the technical plan of a room, parking space is a floor plan or part of a floor of a building or structure indicating on this plan the location of such premises, parking space, and if the building or structure does not have a number of floors, a plan of the building or structure or a plan of the corresponding part of the building or structures indicating on this plan the location of such premises, parking spaces.
(see text in the previous edition)
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.
6.1. The location of the parking space is established by graphically displaying on the floor plan or part of the floor of a building or structure (if the building or structure has no number of floors - on the plan of the building or structure) a geometric figure corresponding to the boundaries of the parking space.
ConsultantPlus: note.
If as of 01/01/2017 the rights to a parking space were already registered, re-registration is not necessary, regardless of whether such a parking space complies with the permissible dimensions (Article 6 of the Federal Law dated 07/03/2016 N 315-FZ).
6.2. The boundaries of a parking space are determined by the design documentation of a building, structure and are designated or secured by the person constructing or operating the building, structure, or the holder of the right to a parking space, including by applying markings to the surface of the floor or roof (paint, using stickers or other ways). The boundaries of a parking space on a floor (in the absence of a number of storeys - in a building or structure) are established or restored by determining the distance from at least two points that are in direct visibility and fixed with long-term special marks on the inner surface of the building structures of the floor (walls, partitions, columns, on the floor surface (hereinafter referred to as special marks), to the characteristic points of the boundaries of the parking space (points of dividing the boundaries into parts), as well as the distances between the characteristic points of the boundaries of the parking space. The area of the parking space within the established boundaries must correspond to the minimum and (or ) the maximum permissible dimensions of a parking space established by the regulatory authority.
6.3. At the request of the cadastral work customer, the coordinates of special marks can be additionally determined. At the request of the owner of the right to a parking space, characteristic points of the boundaries of the parking space can be additionally secured with special marks on the floor surface.
7. The text part of the technical plan indicates the information necessary for inclusion in the Unified State Register of Real Estate, including information about the geodetic basis used in preparing the technical plan of a building, structure, or unfinished construction project, including points of state geodetic networks or reference boundary networks.
7.1. If, at the request of the customer of cadastral work, the location of the parking space was established by determining the coordinates of one or several characteristic points of the boundaries of the premises or the location of the boundaries of the parking space was established by additionally determining the coordinates of special marks, the technical plan of the premises or parking space also provides information about the geodetic basis used in the preparation of the technical plan, including points of state geodetic networks or reference boundary networks.
8. Information about a building, structure or a single real estate complex, with the exception of information about the location of such real estate objects on the land plot and their area, building area, is indicated in the technical plan on the basis of the design documentation of such real estate objects submitted by the customer of cadastral work. If, at the time of carrying out cadastral work, it is not possible to visually inspect the underground structural elements of a building, structure or an unfinished construction site to carry out measurements necessary to determine the location of the corresponding real estate object on the land plot (the outline of a building, structure, an unfinished construction site), the use of as-built documentation is allowed, the maintenance of which is provided for by Part 6 of Article 52 of the Town Planning Code of the Russian Federation.
(see text in the previous edition)
9. 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 permit for the construction of such a facility submitted by the customer and the design documentation for such a property.
10. Information about the premises or parking space, with the exception of information about the area of the room or parking space and their 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 based on the cadastral work submitted by the customer for permission to put the building or structure in which the premises or parking space is located into operation, the design documentation of the building or structure in which the premises or parking space is located, the redevelopment project and the acceptance committee’s act confirming completion redevelopment.
(see text in the previous edition)
11. If the legislation of the Russian Federation in relation to real estate (with the exception of a single real estate complex) does not provide for the preparation and (or) issuance of permits and project documentation specified in parts 8 of this article, the relevant information is indicated in technical terms on the basis of a declaration drawn up and certified the owner of the property. In relation to a created property, the declaration is drawn up and certified by the owner of the land plot on which such a property is located, and in relation to an ownerless property - by the local government body of the municipality on whose territory such a property is located. The said declaration is attached to the technical plan and is an integral part of it.
(see text in the previous edition)
11.1. The technical plan of an individual housing construction project or garden house (including those not completed by construction) is prepared on the basis of the declaration specified in Part 11 of this article and the developer’s notification about the planned construction or reconstruction of an individual housing construction project or garden house, as well as a notification sent by a government agency authorities or local government body, on the compliance of the parameters of the individual housing construction or garden house specified in the notice of planned construction or reconstruction of an individual housing construction project or garden house with the maximum parameters of permitted construction, reconstruction of capital construction projects, established by land use and development rules, planning documentation territory, and mandatory requirements for the parameters of capital construction projects established by federal laws, and the admissibility of placing an individual housing construction project or garden house on a land plot (if there is such a notification). The specified declaration and notifications are attached to the technical plan of the individual housing construction project or garden house (including unfinished construction) and are its integral part.
The technical plan of the premises is, according to Federal Law No. 221-FZ dated July 24, 2007, a set of information about a real estate property (or land plot) necessary for transfer to the State Real Estate Cadastre (GKN) and cadastral registration, and subsequently duplication this information in the Unified State Register of Real Estate (USRN).
However, it is not as difficult as many people think. Let's take a closer look at what this requirement is.
What is a technical plan for non-residential premises
Why do you need a cadastral technical plan?
In this article we will provide basic information in the context of registration of lease agreements and registration of other property rights in Rosreestr. So, the totality of information contained in the technical plan is necessary to register the object described by the technical plan for separate cadastral registration. It is assigned a new cadastral number, and the object is registered as a separate room or building in the Unified State Register of Real Estate. Only after this can any legal and registration actions be carried out with the object, namely:
- Registration of the lease agreement.
- Registration of part of the premises.
- Registration of property rights (purchase and sale, donation, etc.).
- Encumbrances (mortgage, pledge, etc.).
Why and where is a technical plan of a room or building required?
Firstly:
This document itself is necessary for property owners to plan work, distribute premises between tenants and any calculations of space. The technical plan of the building shows not only the common areas, but also technological spaces such as elevator shafts, attics and basements. This document also indicates the main characteristics of the property that are of paramount importance for the activity. For example, the design for a building may indicate the load on the floors, but the technical plan indicates the thickness of the walls and reference to the main points of the cadastre (geobase).
Secondly:
The specifics of document preparation are designed in such a way that it can be used both for the owner’s personal purposes and for state registration. Therefore, it includes sections that are directly related only to state registrars and are of little interest to owners. Any technical plan contains information about the owner of the object and its components. This is also required for registration with the Unified State Register of Real Estate.
The main goal when registering with the Unified State Register and State Property Committee is the opportunity to register a lease agreement or other rights in Rosreestr.
Who can prepare the technical plan?
When registering a lease agreement for part of the premises, people wonder who can still prepare a technical plan for part of the non-residential premises. It can be produced by a cadastral engineer or a specialized organization that has a cadastral SRO - such as the URC (Unified Registration Center), which has cadastral engineers on staff. The cost of manufacturing directly in organizations will be cheaper, because the cost of one technical plan will be significantly cheaper due to the volume of production of technical plans.
The main steps that a cadastral engineer uses to prepare documentation:
- Collection of primary information on the object.
- BTI plan for the lease agreement on the initial layout of the property.
- Data from the Unified State Register of Real Estate on the current layout of the facility.
- Visual inspection or measurement data (if the situation requires it).
- Drawing up a graphic part - a diagram of the location of a building on a site or a room in a building on a floor, as well as a diagram of geodetic constructions.
- Compilation of the text part in the form regulated by law.
- Preparation of technical plan and transfer to the customer
Software products for preparing technical plans are not regulated by law. Therefore, the cadastral engineer uses what is more convenient for him, but the most popular programs are:
- Technocad Express.
- Polygon.
- Workstation of a cadastral engineer.
- Argo.
Preparation of a technical plan: main points and documents
The technical plan is prepared in the form of an electronic document (XML form) and certified by an enhanced qualified electronic signature of the cadastral engineer who prepared this technical plan. Further, if this is provided for in the contract or customer requirements, the technical plan can also be prepared in the form of a paper document certified by the signature and seal of the cadastral engineer who prepared this plan.
The technical plan of a premises or other real estate object is prepared on the basis of information from the Unified State Register of Real Estate about the current object or about real estate objects that are part of a larger real estate complex. The same is true for land plots - when preparing a technical plan for real estate located simultaneously on several plots, extracts from the Unified State Register for the specified plots are used
What legal basis does a cadastral engineer use in his work:
- Town Planning Code.
- 218 Federal Law of July 15, 2015.
- Order of the Ministry of Economic Development No. 953 dated December 18, 2015.
- Order of the Ministry of Economic Development No. 90 dated March 1, 2016.
The final technical plan of the premises is recorded on electronic media or in simple words - a flash drive, for submission in “manual mode” to the MFC or Rosreestr, or uploaded to the personal account of the cadastral engineer on the Rosreestr website using an electronic digital signature.
As mentioned above, you can order a technical plan for different purposes, but in this case we are considering the final goal - a technical plan for registering a rental agreement for a premises.
Therefore, below are the main points that you need to pay attention to when preparing work:
- Whether there have been redevelopments of the premises - depending on this and the number of redevelopments, the cadastral engineer determines whether an additional redevelopment project for the premises will be required.
- Whether there was a change in the boundaries of the rooms or the premises as a whole - this information will be needed to clarify - whether the current legality of the redevelopment needs to be coordinated with government authorities.
- Are there any prohibitions or restrictions on registering changes to this property?
Initially, this information will be enough to begin work on collecting the data necessary to carry out work and successfully register a lease agreement for a new property.
Cost and terms of production of the technical plan
So, when all the primary information is in the hands of the cadastral engineer, and a preliminary check has shown whether a redevelopment project is required or not for a given registration, then this will be the starting point for the immediate preparation of technical documentation.
The cadastral engineer calculates the cost and timing of the work.
Technical plan cost calculator
The production time depends on the area and number of individual rooms. For example, the speed of work of cadastral engineers of the Unified Center will be as follows:
Up to 300 sq.m. - 2 days.
Up to 1000 sq.m. - 3 days.
Up to 10,000 sq.m. - 5 days.
A separate question regarding the fact of going to measure the premises. A technical plan for part of the premises must be made only if there is no layout and design documentation for the facility. And also when ordering a room measurement report. This service incurs additional costs for the customer, therefore, taking measurements is required in exceptional cases. The period for measuring a room is usually from 1 to 7 days depending on the area.
What does the technical plan consist of?
The technical plan consists of graphic and text parts:
The grafical part
The graphic part of the TP of an object is a floor plan or part of a floor of a building or structure, indicating the location of objects on this plan, and if the building does not have a number of floors, a plan of the building or structure or a plan of the corresponding part of the building or structure, indicating the location of objects on this plan.
The graphic part of the technical plan of the object requires information from the cadastral plan of the relevant territory or an extract from the Unified State Register of Real Estate (USRN) about the corresponding land plot, and also indicates the location of the object on the land plot. (as amended by Federal Laws dated 07/03/2016 N 315-FZ, dated 07/03/2016 N 361-FZ)
Text part
The text part of the technical plan contains sections that are required to be included in the technical plan, sections, the inclusion of which in the technical plan depends on the types of cadastral work and the graphic part.
The text part of the technical plan indicates the information required for inclusion in the Unified State Register of Real Estate (USRN), including information about the geo-based basis used in preparing the technical plan of the facility, including points of state geodetic networks or reference boundary networks.
Declaration of new property
A document drawn up and certified by the owner of the property. In relation to a created property, the declaration is drawn up and certified by the owner of the land plot on which such a property is located, and in relation to an ownerless property - by the local government body of the municipality on whose territory such a property is located. The said declaration is attached to the technical plan and is an integral part of it. (as amended by Federal Law dated July 3, 2016 N 361-FZ)
In what form should the finished technical plan be submitted?
The technical plan is prepared in the form of an electronic document and certified by an enhanced qualified electronic signature of the cadastral engineer who prepared such a plan.
The technical plan can be prepared in the form of a paper document, certified by the signature and seal of the cadastral engineer who prepared such a plan, for transfer to the customer.
In Rosreestr institutions, the technical plan is accepted only on electronic media in the form of XML files, which are digitally signed by the cadastral engineer.
Cadastral engineers at the Unified Registration Center (SRC) will prepare technical plan in 2 days at the lowest prices.
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/PE1"
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 01.09.2010 No. 403 and dated 29.11.10 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.
The legislation does not consider part of a building or premises as a full-fledged and independent piece of real estate. Nevertheless. Federal Law No. allows for the possibility of permanent or temporary cadastral registration of these units, defining part of the building as the volume of information data about the limitations of the property.
When agreeing on the terms of the lease, counterparties must describe the subject of the agreement in as much detail as possible - the property or part of it. An independent object is distinguished by signs of isolation and isolation (these include the presence of an independent exit, the presence of permanent restrictive structures, etc.).
Often, only part of a building is rented out - for example, a small area of a retail space or industrial premises. The establishment of partitions or other types of restrictions in such cases is inappropriate, since a change of tenants will entail a change in the purpose of business activity. To register a long-term lease agreement for part of a building, you need to consider the following nuances:
- permanent cadastral registration can be carried out only in relation to the part of the building that meets the criteria of isolation and isolation;
- if part of the building does not have the specified characteristics of a real estate property, a temporary cadastral registration procedure will be carried out (for the period of validity of the lease agreement, a temporary one will be assigned, which will be canceled after the restriction of the right in the form of a lease is lifted);
- registration activities and cadastral registration are carried out only for long-term leases with a contract term of more than a year (short-term contracts do not require these activities).
If the subject of the lease agreement is a part of the building, based on its description, the cadastral engineer will register the specified temporary facility. Based on the results of submitting the contract and technical plan to the Rosreestr service, the lease will be registered.
The key document for temporary cadastral registration and registration in Rosreestr is for part of the building. The company’s specialists have SRO permission to perform cadastral work and prepare a technical plan. If you need to quickly register a lease agreement under the specified conditions, we will help you prepare all the documents as soon as possible.
New rules for allocating part of a building to the Unified State Register of Real Estate
Cost and terms
The timing and price of drawing up a technical plan for part of the building for subsequent accounting and registration with the Rosreestr service will be agreed upon with the customer when signing the contract. Under standard conditions, it will be manufactured within one day, and to clarify the cost of work, you must contact the company’s specialists. We will provide full support when registering leases for part of the building and registering them with the Rosreestr service.
