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RESOLUTION OF THE STATE COMMITTEE ON PROPERTY OF THE REPUBLIC OF BELARUS

of March 24, 2015 No. 11

About approval of the Instruction about the bases of appointment and procedure for technical inventory count of real estate, and also verification of characteristics of real estate when making registration actions

(as amended on 01-12-2021)

Based on the paragraph of the eleventh of article 12 of the Law of the Republic of Belarus of July 22, 2002 No. 133-Z "About state registration of real estate, the rights to it and transactions with it", subitem 5.1 of Item 5 of the Regulations on the State committee on property of the Republic of Belarus approved by the resolution of Council of Ministers of the Republic of Belarus of July 29, 2006 No. 958, the State committee on property of the Republic of Belarus DECIDES:

1. Approve the Instruction about the bases of appointment and procedure for technical inventory count of real estate, and also verifications of characteristics of real estate when making registration actions it (is applied).

2. This resolution becomes effective in the following procedure:

this Item, Chapter 39 of the Instruction on the bases of appointment and procedure for technical inventory count of real estate, and also the verification of characteristics of real estate when making registration actions approved by this resolution and appendix 16 to this Instruction - since November 2, 2015;

other provisions of this resolution - since April 1, 2016.

Chairman

A. A. Gayev

It is approved

Minister of Architecture of the Republic of Belarus

February 23, 2015 

 

A.B.Cherny

It is approved

Minister of housing and communal services of the Republic of Belarus

February 20, 2015

 

A. A. Terekhov

It is approved

Minister of Finance of the Republic of Belarus

March 3, 2015 

 

V. V. Amarin

It is approved

Chairman of National Statistical Committee of the Republic of Belarus

February 24, 2015

 

I. V. Medvedev

It is approved

Chairman of the Brest regional executive committee

February 23, 2015 

 

A.V.Lis

It is approved

Chairman of the Vitebsk regional executive committee

February 23, 2015 

 

N. N. Sherstnev

It is approved

Chairman of the Gomel regional executive committee

February 24, 2015

 

V.A.Dvornik

It is approved

Chairman of the Grodno regional executive committee

February 24, 2015

 

V. V. Kravtsov

It is approved

Acting as chairman of the Minsk regional executive committee

February 26, 2015 

 

I. N. Makar

It is approved

Chairman of the Mogilev regional executive committee

February 23, 2015 

 

V. V. Domanevsky

It is approved

Chairman of the Minsk city executive committee

February 23, 2015 

 

A.V.Shorets

 

Approved by the Resolution of the State committee on property of the Republic of Belarus of March 24, 2015 No. 11

The instruction about the bases of appointment and procedure for technical inventory count of real estate, and also verification of characteristics of real estate when making registration actions

Chapter 1. General provisions, main terms and determinations

1. This Instruction establishes the bases of appointment and procedure for technical inventory count of real estate, and also verification of characteristics of real estate when making registration actions.

2. For the purposes of this Instruction terms and their determinations in the values established by the Housing code of the Republic of Belarus, the Code of the Republic of Belarus about the earth, the Law of the Republic of Belarus "About state registration of real estate, the rights to it and transactions with it", the Law of the Republic of Belarus of December 28, 2009 No. 113-Z "About the electronic document and the digital signature" and also the following terms and their determinations are used:

2.1. outline – the schematic plan of the parcel of land, capital structure (the building, construction), the isolated room, the incomplete preserved capital structure (the building, construction), the parking place on which contours of the real estate unit and its structural elements, results of measurements, the names and other data necessary for creation of plans of the real estate unit are shown;

2.2. the highway – the complex construction including the road bed, road clothes, artificial constructions, external lighting, other structural elements and devices necessary for movement of vehicles with the established speeds, loadings and dimensions;

2.3. mezzanine – the platform indoors intended for increase in its area, and also placement of auxiliary, storage and other facilities;

2.4. balcony – the protected and (or) glazed external platform, half and more (area) supporting limits of the external walls of capital structure adjoining on it (buildings, constructions) and opened in external space from two or three parties, or the protected platform acting from the wall plane serving for placement of places in halls for the audience in theaters and sports constructions;

2.5. the block of garages – capital structure (the building, construction) representing set of the garages having general wall or walls;

2.6. the sheet of technical characteristics – the resulting technical document constituted by results of technical inventory count or verification of characteristics of real estate, containing the description of actual state, the information about the structure, the area and other characteristics, the address (location) and other data on the real estate unit built with violation of the law and (or) not accepted in operation in the procedure established by the legislation, and also constituted in other cases established by this Instruction;

2.7. verandah – the glazed room which is not heated, as a rule, built in the building or attached to it and depending on its arrangement in the apartment house bearing at different times years various functions (the dining room, drawing room, bedroom, the room for house occupations and so forth);

2.8. lobby – the room before entrance to internal parts of the building intended for acceptance and distribution of flows of visitors;

2.9. water supply system (water supply system) – the engineering network representing set of the pipelines, the equipment, other structural elements and devices intended for water supply to places of its consumption;

2.10. it is excluded;

2.11. the gas pipeline – the engineering network representing set of the pipelines, the equipment, other structural elements and devices intended for transportation of combustible gases;

2.12. gallery – the elevated or land, fully or partially closed horizontal or inclined extended construction connecting rooms of buildings or constructions, intended for laying of engineering and technological communications, and also for pass of people or the upper tier of the auditorium;

2.13. garage – capital structure (the building, construction) or the isolated room having main or peregorodochny walls, overlappings, roof, apertures, floor, viewing hole, the cellar, cellar (is allowed lack of viewing hole, the cellar, cellar) intended for storage of vehicles;

2.14. geocode – data set, identifying spatial provision of object in the set system of coordinates;

2.15. giving – the capital structure (building) located in country cooperative and intended for rest, seasonal or temporary residence;

2.16. domestic construction – constructions of auxiliary, economic appointment (elements of improvement of the territory, barrier, collar, wells, intra domestic coverings and to that similar constructions);

2.17. the residential building of special purpose – the building in which special premises are located;

2.18. the building – the construction object consisting (as required) of land and underground parts with rooms for accommodation and (or) activities of people, placement of production, storage of products, content of animal and other purposes;

2.19. property complex – set of buildings, constructions and used in technological and (or) production process of the equipment, the provided parcels of land located in borders;

2.20. the individual isolated garage – the isolated room located in the block of garages separated other adjacent parts of the block of garages by peregorodochny walls (partitions), overlappings having viewing hole, the cellar, cellar (lack of viewing hole, the cellar, cellar is allowed), independent entrance from the territory public, intended for storage of vehicles;

2.21. individual capital garage – capital structure (building) having walls, overlappings, roof, apertures, floor, viewing hole, the cellar, cellar (is allowed lack of viewing hole, the cellar, cellar), intended for storage of vehicles;

2.22. engineering network – capital structure (construction) representing the construction object with the technological devices constituting with it whole or the finished functional unity intended for transportation of liquids, gases, transmission of energy, signal, information;

2.23. sewer network (sewerage) – the engineering network representing set of the pipelines, channels, other structural elements and devices intended for transportation of sewage;

2.24. the storage room – the room of economic appointment intended for storage of products, materials, stock and to that similar;

2.25. complex construction – the capital structure representing set of constructions (buildings) having technological, operational and territorial unity (gas stations, parkings and to that similar constructions);

2.26. corridor – the pass connecting separate parts of capital structure (the building, construction), the isolated room;

2.27. porch (entrance group) – the well-planned platform located before entrance to the building at the level, as a rule, exceeding planning mark of the earth, can have building construction for protection against atmospheric precipitation (roof, canopy and so forth), steps and ramp;

2.28. roof – the upper protecting design of capital structure (the building, construction) consisting of the bearing part and roof;

2.29. kitchen – the certain room with plate or the furnace for cooking;

2.30. ladder – the structural element of capital structure (the building, construction) intended for movement on height, connecting floors and consisting of inclined marches, floor (on one mark with the floor) and intermediate (interfloor) landings;

2.31. staircase – the part of capital structure (the building, construction) intended for placement of ladder and separated other rooms by building constructions;

2.32. the landing – the platform between ladder flights, and also the part of floor adjoining ladder march;

2.33. ladder march – the inclined part of ladder representing number of the steps connecting landings;

2.34. linear construction – the construction representing the extended land, elevated or underground construction system intended for accomplishment of production processes of various type (iron and highways, bulk distribution lines, products pipelines, engineering networks, channels and so forth);

2.35. power line – the engineering network including support, cables (wires), other structural elements and devices intended for transfer of electrical energy on distance or for its distribution;

2.36. the line of telecommunication – the engineering network representing complex of transmission lines, physical chains and linearly - the cable constructions of telecommunication intended for telecommunication signaling;

2.37. the loggia – blocked, protected and (or) the glazed external platform, more than half (areas) concluded within the external walls of the building adjoining on it and opened in external space on the one hand;

2.38. the bulk distribution line – the single property, indivisible production and technological complex consisting of the underground, underwater, surface pipelines and other objects providing safe transportation of products from Item of its acceptance to Item of delivery, transfer to other pipelines on other mode of transport or storage;

2.39. bridge construction (bridge) – the engineering construction on roads including flying structures and support, intended for the omission of the road over various obstacles: the rivers, gorges, other roads, – or at some height over the Earth's surface;

2.40. canopy – construction of frame type with the vertical protecting designs or without them, having roof for protection against atmospheric precipitation;

2.41. niche – local deepening in wall, including on part of its height;

2.42. lighting natural – lighting of rooms the sky light (direct or reflected) getting through light apertures in the external protecting designs;

2.43. the structure basis – the massif of soil, other specially prepared materials which are in power interaction with structure or with its underground part;

2.44. the main structure – capital structure (the building, construction), for construction and which servicing the parcel of land is provided, to destination, solidities of structure (the building, construction) and to architectural signs being predominating on the parcel of land;

2.45. earth mark planning – earth level on blind area border;

2.46. ramp – the inclined flat communication design connecting the surfaces located at the different levels;

2.47. partition – the vertical internal protecting design dividing adjacent rooms in capital structure (the building, construction);

2.48. overlapping – the horizontal internal protecting design dividing on height adjacent rooms in capital structure (the building, construction);

2.49. cellar – the separate construction or the cold camera located under capital structure (the building, construction) fully or partially buried to the earth and intended for storage;

2.50. underground – the space for placement of technical or economic rooms located directly under the elevated or underground floor in the lower zone of the building;

2.51. floor – the upper or finishing flooring stacked on the bearing design of overlapping or on soil;

2.52. the room – the closed space in capital structure (the building, construction) having the certain functional purpose limited by building constructions and architectural decorating;

2.53. the room technical – the auxiliary room intended for placement and servicing of the engineering equipment of capital structure (electropanel board, the engine room of elevators, thermal Item, the pumping, musoropriyemny camera and so forth);

2.54. verification of characteristics of real estate – inspection of actual state of real estate units and reconciliation of compliance of their actual state with data of the register of characteristics of real estate (further – the register of characteristics);

2.55. production and technological complex – indivisible set of the underground, underwater, surface pipelines and (or) other objects providing safe transportation of products from Item of its acceptance to Item of delivery, transfer to other pipelines on other mode of transport or storage;

2.55-1. the draft of the Section, merge of capital structures (buildings, constructions), the isolated rooms, parking places, exarticulation of the isolated rooms, parking places from capital structure (the building, construction) (further if other is not provided, – the draft of the Section, merge, exarticulation) – the technical document constituted by the republican or territorial organization for state registration of real estate, the rights to it and transactions with it (further, if is not provided other, – the organizations for state registration) by results of technical inventory count or verification of characteristics containing the text description of characteristics and graphical display of capital structure (the building, construction), the isolated rooms, the parking places which are subject to the Section or merge, capital structure from which the isolated rooms are isolated, the parking place (further if other is not provided, – initial capital structure, the isolated room, the parking place), and also capital structures (buildings, constructions), the isolated rooms, parking places created as a result of the Section, merge, or the isolated rooms, parking places created as a result of exarticulation and other data according to this Instruction;

2.56. extension – the part of structure located out of initial contour of its main external walls, as a rule, being auxiliary in relation to structure and having with it or other extension one (or more) general main wall;

2.57. hall (lobby) – the part of the apartment (the single-family apartment house) having direct exit to auxiliary placements of the apartment house or on the house adjoining territory, the street and so forth;

2.58. priyamok – the deepening arranged in any part of the building or construction for the purpose of providing open entry to designs and devices of the building or construction or improvement of their spatial communication with the environment;

2.59. stage – the construction intended for production of handling works, one party adjoining structure wall, another located along siding;

2.60. garden lodge – the capital structure (building) located in gardening partnership and intended for rest, seasonal or temporary residence;

2.61. the bathroom – the sanitary and hygienic room in which the bathtub or shower, wash basin, toilet bowl are placed is possible bidet and the washing machine;

2.62. section of the residential building – part of the building where entrances to premises are organized from one staircase directly or through corridor, at the same time in multisection apartment houses of section of the building are separated from each other by blank walls or partitions;

2.63. system of installation – the design which is built in wall serving, as a rule, for installation of suspended plumbing fixtures (wash basins, bidet, toilet bowls and to that similar);

2.64. warehouse – the building, construction, the room equipped for storage of raw materials, materials, products and to that similar;

2.65. adjacent rooms – rooms which directly adjoin to each other and have general walls (partitions) and (or) overlappings;

2.66. viewing hole – fully or partially the construction buried to the earth for survey and repair of vehicles which can be separate or located in garage;

2.67. construction – the volume, high-rise, plane, linear or complex construction system firmly connected with the earth, consisting from bearing, and in some cases and the protecting designs and intended for accomplishment of production processes of various type, storage of materials, products, the equipment, for temporary stay and movement of people, freights and other consumer functions;

2.68. wall – the structural element of capital structure performing functions either vertical protecting, or vertical the protecting and bearing designs;

2.69. the platform – the room through passage in case of entrance to capital structure (the building, construction), staircase or other rooms intended for protection against penetration of cold air, smoke and smells;

2.70. thermal network – the engineering network representing set of the pipelines, the equipment, other structural elements and devices intended for transfer of heat energy;

2.71. terrace – the open external area adjoining capital structure (the building, construction), placed above the ground, as a rule, in the level of half of the first floor or over the below-located floor, or on roof;

2.72. technical data sheet – the resulting technical document constituted by results of technical inventory count or verification of characteristics of real estate, containing the description of actual state of the real estate unit, the information about structure, the area and other its characteristics, accession number (in case of its availability), the address (location) and other data on the object created or changed according to the legislation;

2.72-1. technical attic – the technical floor located in the upper part of the building;

2.72-2. technical underground – the technical floor located in the level of marks of the basement, socle or ground elevated store;

2.73. facade – the external vertical surface of capital structure (the building, construction) formed by external design, horizontal and vertical partitionings, rhythm of apertures (balconies, loggias), architectural elements, the invoice of construction and finishing materials, color color;

2.74. lamp – special design in building covering, capable to pass in rooms radiant energy of visible part of solar range and intended for natural lighting and aeration;

2.75. the base – the structural element of capital structure (the building, construction) transferring load from capital structure to the basis;

2.76. economic construction – capital structure (the building, construction) which in relation to the main structure is of secondary importance on the parcel of land and is accessory of the main structure (sheds, baths, garages (individual use), canopies, domestic constructions and other similar constructions);

2.77. the hall – the room, hall type in the apartment (the single-family apartment house) or the room usually in public, office buildings intended for rest, expectation;

2.78. attic – the space concluded between roof design, overlapping of upper floor of the building and, as a rule, external walls;

2.78-1. the attic warm – attic in which the heater is located within roof design over attic at the same time the air which is quitting buildings the ventilating system and openly passing through attic space is used as additional source of heat for heating of upper floor during the cold period of year;

2.78-2. attic cold – attic in which the heater over upper floor is located within its overlapping;

2.79. the operated roof – the roof which is specially equipped with protective layer (working flooring) expected stay on it of people, placements of the equipment, transport and so forth;

2.80. bay window – the part of the room leaving the facade plane, in parts or in full glazed, improving it illumination and insolation;

2.80-1. the floor – the part of the building limited on height to floor and overlapping or floor and covering;

2.81. the whatnot (in the factory building) – the frame many-tier construction (without walls) which is freely standing in the building or out of it and intended for placement and servicing of processing or other equipment;

2.82. the floor mansard (penthouse) – the floor located in the space formed by cattle roof and, as a rule, part of external walls in which rooms in parts or in full have inclined ceilings;

2.83. the floor elevated – the floor in case of mark of half of rooms not below planning mark of the earth;

2.84. basement store – the floor in case of mark of half of rooms below planning mark of the earth more than on half of height of rooms;

2.85. the floor technical – the floor located in lower, upper or in middle part of the building, intended for placement of the engineering equipment and laying of communications;

2.86. the first floor – the floor in case of mark of half of rooms below planning mark of the earth no more than on half of height of rooms;

2.87. floor construction – the construction system consisting from bearing, protecting or combined (bearing and protecting) the designs forming land (as required and underground) the closed amount (floor) to which number sewer pumping points, gas distribution stations and to that similar constructions belong;

2.88. cell residential hostels – the living room or group of the living rooms planirovochno united by utility rooms public.

Chapter 2. Objects and subjects of technical inventory count and verification of characteristics of real estate

3. Technical inventory count of real estate (further if other is not provided, – technical inventory count) and verification of characteristics of real estate (further if other is not provided, – verification of characteristics) are carried out by the organization for state registration concerning the following types of the real estate units located in the territory of the Republic of Belarus which belong to objects of technical inventory count and verification of characteristics (further – objects of technical inventory count):

capital structures (buildings, constructions), except for capital structures which as a result of activities of the person, depreciation, the fire, other natural disasters or other harmful effects are in critical condition or threaten with collapse and (or) in which there are no structural elements without which availability it is impossible to take the measurements necessary for creation of plans and determination of technical characteristics (the areas, amounts and other characteristics) of capital structures (further – the destroyed (damaged) capital structure);

the incomplete preserved capital structures;

the isolated rooms, including residential;

parking places.

Also incomplete not preserved capital structure can be object of technical inventory count.

Customer of carrying out technical inventory count or verification of characteristics is the owner of real estate, the owner of other rights concerning real estate, the candidate for owners, the employer of premises, the organization performing operation of housing stock and (or) providing housing and communal services, the organization performing assessment and realization of the real estate turned into the income of the state, the customer of construction, the builder, partnership of owners, the organization of builders, person to whom the parcel of land based on the decision on the forthcoming withdrawal of the parcel of land for the state needs and demolition of the real estate units located on it, local executive and administrative organ is provided (further – executive committee), the legal executive.

4. Set of the following signs is necessary for recognition of object capital structure (the building, construction):

the building, construction are built, reconstructed, restored, capital repairs of the building, construction on the basis of the developed project documentation on construction, reconstruction, restoration, capital repairs, improvement, reorganization, re-planning (further – the project documentation) are made if other is not established by the legislation;

the building, construction are firmly connected with the earth by the base device, for separate types of constructions – the bases of construction or are underground;

the building, construction (except the buildings, constructions put into operation till January 1, 1992 and also the garden lodges, economic structures and constructions necessary for conducting collective gardening on the parcels of land provided to members of gardening partnership for these purposes) are subject to commissioning according to the legislation;

the building, construction are not temporary according to the project documentation, the decision on permission of construction or the decision on withdrawal and provision of the parcel of land of the state body exercising state regulation and control in the field of use and protection of lands according to its competence;

the building, construction cannot be moved without disproportionate damage to their appointment that is if in case of dismantle of the building or construction there is need of complete or partial dismantling of the building, construction in general or their destructions.

In case of doubts in case of reference of the building, construction to capital structure the organization for state registration, the registrar or the customer can make inquiry about reference of the building, construction to capital structure in the relevant executive committee.

5. Technical inventory count and verification of characteristics of real estate are performed according to the works order on technical inventory count or verification of characteristics of real estate (further, unless otherwise specified, – the works order) submitted the customer:

concerning the real estate units which are in the territory of the registration district – the territorial organization for the state registration performing activities for the location of real estate units or in coordination with such organization by other territorial or republican organization for state registration. The organizations for state registration when carrying out technical inventory count or verification of characteristics of real estate for implementation of separate work types, except for creation of resulting technical documents (technical data sheets, sheets of technical characteristics, acts of death (destruction) of the real estate units and other technical documents prepared based on the works order), can attract on contractual basis of the organization, subordinated to the State committee on property;

concerning the real estate units located in the territory more than one registration district – the republican organization for state registration or the territorial organization for the state registration performing activities for the location of part of the real estate unit located in the territory more than one registration district for specifying of the republican organization for state registration;

concerning production and technological complexes – the republican organization for state registration.

6. If technical inventory count or characteristics of the real estate unit was performed by the organization for the state registration performing activities not in the location of the real estate unit, then the inventory case created by results of technical inventory count or verification of characteristics on such real estate unit, and also other materials constituted in electronic form are subject to transfer to the territorial organization for state registration performing activities for the location of the real estate unit.

Inventory cases on the real estate units located in the territory more than one registration district, are subject to transfer to the republican organization for state registration.

7. The newly created or formed as a result of reconstruction real estate units, and also real estate units which technical inventory count was not carried out are subject to technical inventory count.

In case of change of technical characteristics of the real estate unit as a result of superstructure, extension, reorganization of the real estate unit, death or destruction of its part, change of purpose of the real estate unit, its parts (including certain rooms) and (or) its accessories, and also in case of construction or demolition of accessories of the real estate unit the owner, the owner of other rights to the real estate unit address to the organization for state registration with the works order on verification of characteristics of real estate. In case of transaction with such object without conducting in accordance with the established procedure its verification of characteristics and state registration of change of real estate specified persons bear responsibility according to the legislation.

Capital structures (buildings, constructions), the isolated rooms in which parking places are located are subject to verification of characteristics if in case of earlier carried out technical inventory count or inspection of characteristics the measurement of parking places and other works necessary for creation of resulting technical documents on parking places were not carried out.

If after carrying out technical inventory count or the previous verification of characteristics of capital structure (the building, construction), the isolated room, parking places there passed more than one year, then before the conclusion of the contract for designing of the Section, merge, exarticulation shall be performed characteristics of such capital structure (the building, construction), the isolated room, the parking place.

8. Characteristics of real estate units are performed only based on materials of the inventory cases which are in the territorial organizations for state registration performing activities for the location of real estate units, and concerning the real estate units located in the territory more than one registration district, and production and technological complexes – based on materials of the inventory cases which are in the republican organization for state registration.

Concerning the real estate units formed as a result of the Section or merge of capital structures (buildings, constructions), the isolated rooms, parking places, exarticulation of the isolated rooms, parking places from capital structure (the building, construction), technical inventory count or characteristics are performed in the amount necessary for forming of inventory case and creation of technical data sheet or the sheet of technical characteristics on such object.

Chapter 3. General requirements to the documents submitted for carrying out technical inventory count and verification of characteristics

9. Acceptance of the works order and the documents submitted for performance of works is made by the employee of the organization for state registration authorized on acceptance and consideration of the works orders and documents submitted for performance of works.

10. The works order shall contain:

information about the customer (surname, own name, middle name (if that is available), the residence of the citizen; full name, registration number and date of state registration of the legal entity or individual entrepreneur, accounting number of the payer – the legal entity or the individual entrepreneur, the location of the legal entity or the residence of the individual entrepreneur);

address (location), appointment and (or) name of the real estate unit;

work type which the customer asks to execute;

the obligation on ensuring access on the real estate unit and (or) safe conditions of production of works on it for specialists of the organization for state registration;

the obligation about payment of the performed works on technical inventory count or verification of characteristics of real estate;

the list of the documents submitted by the customer.

In case of submission of the works order on verification of characteristics of the real estate which is in common ownership in it in addition to the data specified in part one of this Item are specified:

structure of the surveyed part of the real estate unit (the room and accessory of capital structure (the building, construction) which the customer owns and uses) concerning which characteristics, or data that characteristics will be performed concerning all real estate unit will be performed;

data on availability of the document determining procedure for ownership and use of the real estate which is in common ownership or about availability of the agreement on procedure for the ownership and use of this property which is not drawn up in writing;

data on availability or lack of disputes over procedure for ownership and use of the real estate which is in common ownership.

The works order shall contain information that the subsequent modification of documents of the register of characteristics in connection with change of characteristics of the real estate unit, including after change of data on internal finishing of rooms, is performed only in case of the conducting verification of characteristics of the real estate unit according to the procedure established by this Instruction, except as specified changes of data on the name, year (date) of acceptance for operation, cost, the address (location) of the real estate unit.

Powers on receipt of the resulting technical document by the other person can be reflected in the works order.

11. In case of submission of the works order by the candidate for owners, the employer of premises in this order in addition to the data specified in Item 10 of this Instruction, the customer specifies on what bases he is candidate for owners, the employer of premises of the respective real estate unit.

If in case of submission of the works order on verification of characteristics of real estate by the customer technical data sheet on the respective real estate unit is not provided, then in this order the customer specifies for what reason technical data sheet is not provided.

In the works order other data necessary for carrying out technical inventory count or verification of characteristics of real estate, including on availability of unauthorized construction, on the reconstruction made after the last inspection of this object, re-plannings and other changes of the real estate unit, on the number of copies of resulting technical documents can be specified.

The customer guarantees reliability of the data specified in the order.

12. For carrying out technical inventory count or verification of characteristics of real estate citizens represent to the organization for state registration:

identity document;

the document confirming powers on signing of the works order – in case of its signing by the citizen's representative;

documents (data) confirming introduction of payment (advance payment) for carrying out technical inventory count or verification of characteristics of real estate, creation and issue of the resulting technical document.

13. Depending on type and purpose of the real estate unit, method of its construction or change, works which the customer asks to execute citizens in addition to the documents specified in Item 12 of this Instruction submit the following documents (in case of their availability):

allowing documentation on the construction or the decision on permission to reconstruction issued by executive committee, – in case of work concerning newly created (changed) as a result of construction, reconstruction of the real estate unit, except for the objects built as a result of unauthorized construction, and also garden lodges;

the project documentation or the modified project documentation if changes were made to the project in the procedure established by the legislation, approved according to the procedure, the established Regulations on procedure for development, coordination and approval of town-planning projects, the project documentation approved by the resolution of Council of Ministers of the Republic of Belarus of October 8, 2008 No. 1476, – in case of work concerning newly created (changed) as a result of construction, repair, reconstruction, restoration of the real estate unit, except for the objects built as a result of unauthorized construction, and also garden lodges;

the act of preservation of incomplete capital structure or the inspection statement of implementation of preservation by the citizen of the apartment house which is not finished by construction, giving signed by the citizen and the commission chairman created by executive committee – in case of performance of works concerning the incomplete preserved capital structure;

the reference of garage cooperative, garage consumer cooperative signed by its chairman with indication of surname, own name, middle name (if that is available) the member of cooperative about compliance of placement of garage to the project of the organization and building or the statement from the decision of executive committee on possibility of use of the operated capital structure to destination according to the single classification of purpose of real estate units established in appendix to the resolution of Committee on land resources, geodesy and cartography under Council of Ministers of the Republic of Belarus of July 5, 2004 No. 33 (further – single classification of purpose of real estate units), – in case of performance of works concerning the operated garage located in corresponding garage or garage consumer cooperative;

the reference of gardening partnership or country cooperative signed by its chairman with indication of surname, own name, middle name (if that is available) the copartner or cooperative about compliance of placement of garden lodge or giving to the project of the organization and building or the statement from the decision of executive committee on possibility of use of the operated capital structure to destination according to single classification of purpose of real estate units – in case of performance of works concerning the garden lodge located in the corresponding gardening partnership or the operated giving;

the statement from the decision of executive committee on acceptance of unauthorized construction in operation and its state registration in accordance with the established procedure – in case of submission of the order for creation of technical data sheet on the real estate unit created or changed as a result of unauthorized construction;

the statement from the decision of executive committee on possibility of use of the operated capital structure to destination according to single classification of purpose of real estate units – in case of carrying out technical inventory count of the operated capital structures (buildings, constructions), except for the garden lodges or garages located in the corresponding gardening partnership, garage cooperative or garage consumer cooperative (in case of availability of the chairman of garage cooperative, garage consumer cooperative);

coordination (permission) of executive committee to reorganization and (or) re-planning of the residential and (or) non-residential premise – in case of performance of works concerning premises or non-residential premises located in apartment houses – in case of re-planning and (or) reorganization of such rooms;

the act of differentiation of balance sheet accessory of construction and operational responsibility of the parties – when carrying out technical inventory count (verification of characteristics) of linear constructions;

technical data sheet on capital structure (the building, construction), the incomplete preserved capital structure, the isolated room, the parking place – when conducting verification of characteristics of real estate;

the document determining procedure for ownership and use of the real estate which is in common ownership;

the solution (the order, the resolution, the order) of face (body) which appointed inspection, on approval of the acceptance act in operation of capital structure (the building, construction), the isolated room (further – the decision on approval of the acceptance act) – in case of work concerning newly created (changed) as a result of construction, repair, reconstruction, restoration of the real estate unit, except for the objects built as a result of unauthorized construction, and also garden lodges;

the lease agreement or free use of object of technical inventory count – in case of performance of works according to Item 41-1 of this Instruction;

the decision of general meeting of participants of joint household on reduction of the extent of common property of joint household – in case of inclusion of part of common property of joint household in structure of the isolated room, the parking place;

the certificate on the right to inheritance or the certificate on the property right to garden lodge or the garage acquired by spouses during marriage, issued according to the resolution of the Ministry of Justice of the Republic of Belarus and the State committee on property of the Republic of Belarus of December 29, 2010 to No. 129/80 "About some questions of confirmation of the property right to garden lodges, garages";

the reference of executive committee confirming entering into the pokhozyaystvenny book of rural (settlement) executive committee till May 8, 2003 of data on the one-apartment, blocked apartment house with economic and other constructions or without them, the apartment in the blocked apartment house exploited till May 8, 2003;

the reference of executive committee confirming operation till May 8, 2003 of the one-apartment, blocked apartment house with economic and other constructions or without them, the apartments in the blocked apartment house located in the rural zone and built on the parcel of land provided to the citizen according to the legislation on protection and use of lands (if such house, the apartment are not brought in the pokhozyaystvenny book of rural (settlement) executive committee);

the documents containing data on allocation of queues of construction and (or) start-up complexes, – in case of work concerning newly created (changed) as a result of construction, capital repairs, reconstruction, restoration of the real estate unit in case of the Section of such object in line constructions and (or) start-up complexes.

The citizen has the right to provide in the organization for state registration in addition other documents concerning object of technical inventory count.

For the purpose of refining of data on object of technical inventory count the organization for state registration has the right to request from the citizen additional documents concerning object of technical inventory count.

14. For carrying out technical inventory count or verification of characteristics of real estate legal entities and individual entrepreneurs represent to the organization for state registration:

the documents confirming state registration of the individual entrepreneur, legal entity;

the statement from the trade register of country of source or other equivalent proof of legal position of the organization according to the legislation of the country of its origin dated not earlier than one year about day of submission of the works order – if customer is the nonresident organization;

the identity document of the citizen – the individual entrepreneur, the representative or the official;

the document confirming powers on signing of the works order (the power of attorney, the order, the decision, other document);

15. Depending on type and purpose of the real estate unit, method of its construction or change, works which the customer asks to execute legal entities and individual entrepreneurs in addition to the documents specified in Item 14 of this Instruction submit the following documents (in case of their availability):

allowing documentation on construction, the reconstruction, restoration, capital repairs issued by executive committee, – in case of work concerning newly created (changed) as a result of construction, capital repairs, reconstruction, restoration of the real estate unit, except for the objects built as a result of unauthorized construction;

the project documentation or the modified project documentation if changes were made to the project in the procedure established by the legislation, approved according to the procedure, the established Regulations on procedure for development, coordination and approval of town-planning projects, the project documentation, – in case of work concerning newly created (changed) as a result of construction, capital repairs, reconstruction, restoration of the real estate unit, except for the objects built as a result of unauthorized construction;

the project documentation approved according to the procedure, established by Council of Ministers of the Republic of Belarus, the containing information on quantity and the area of parking places, – in case of work concerning capital structure (the building, construction), the isolated room in which parking places are located;

the act of preservation of incomplete capital structure – in case of performance of works concerning the incomplete preserved capital structure;

the statement from the decision of executive committee on acceptance of unauthorized construction in operation and its state registration in accordance with the established procedure – in case of submission of the order for creation of technical data sheet on the real estate unit created or changed as a result of unauthorized construction;

the statement from the decision of executive committee on possibility of use of the operated structure to destination according to single classification of real estate units or the reference signed by the head of the legal entity applying for emergence of the right concerning the operated capital structure, or the individual entrepreneur applying for emergence of the right concerning the operated capital structure, the containing information that the capital structure was operated till May 8, 2003 and by results of the last verifications of the note of state supervision bodies on it are absent, and also about purpose of capital structure on which it is actually used (it was used earlier if at the time of submission of the works order the capital structure is not used), – in case of carrying out technical inventory count of the operated capital structures (buildings, constructions). Along with the head the specified reference can be signed by person fulfilling its duties or other authorized person – on condition of submission of the relevant supporting document;

coordination (permission) of executive committee to reorganization and (or) re-planning of the residential and (or) non-residential premise – in case of performance of works concerning premises or non-residential premises located in apartment houses in case of re-planning and (or) reorganization of such rooms;

the act of differentiation of balance sheet accessory of construction and operational responsibility of the parties – when carrying out technical inventory count (verification of characteristics) of linear constructions;

the certificate of distribution of the isolated rooms between candidates for owners – for real estate units which construction was performed by the customer (builder) under the agreement (agreements) on creation of object of shared-equity construction;

the certificate of balance sheet accessory and project cost of real estate signed by the head (along with the head the specified reference can be signed by person fulfilling its duties, or other authorized person – on condition of submission of the relevant supporting document) and the chief accountant (the accountant or the other person performing conducting financial accounting according to the legislation) of the legal entity, or signed by the head (along with the head the specified reference can be signed by person fulfilling its duties, or other authorized person – on condition of submission of the relevant supporting document) and the accountant (the other person performing conducting financial accounting according to the legislation) of the isolated structural division of the legal entity, containing data on year of construction of the real estate unit, or the conclusion about assessment, constituted according to the legislation, – if customer is the legal entity;

the certificate of the project cost of real estate signed by the individual entrepreneur or the conclusion about assessment constituted according to the legislation – if customer is the individual entrepreneur;

materials of geodetic control and executive shooting (the plan of linear plane construction, the executive drawing, the plan of results of executive shooting with indication of rotary and characteristic points, the catalog of coordinates of rotary and characteristic points of linear plane construction with indication of distance between them) – in case of performance of works concerning linear plane constructions (in case of carrying out technical inventory count or verification of characteristics newly created (changed) as a result of construction (repair, reconstruction, restoration) the real estate unit, except for the objects built as a result of unauthorized construction);

technical data sheet on capital structure (the building, construction), the incomplete preserved capital structure, the isolated room, the parking place – when conducting verification of characteristics of real estate;

the document determining procedure for ownership and use of the real estate which is in common ownership;

the decision of general meeting of participants of joint household on reduction of the extent of common property of joint household – in case of inclusion of part of common property of joint household in structure of the isolated room, the parking place;

the decision on approval of the acceptance act – in case of work concerning newly created (changed) as a result of construction, repair, reconstruction, restoration of the real estate unit, except for the objects built as a result of unauthorized construction, and also garden lodges;

the lease agreement or free use of object of technical inventory count – in case of performance of works according to Item 41-1 of this Instruction;

the documents containing data on allocation of queues of construction and (or) start-up complexes, – in case of work concerning newly created (changed) as a result of construction, capital repairs, reconstruction, restoration of the real estate unit in case of the Section of such object in line constructions and (or) start-up complexes.

Legal entities and individual entrepreneurs have the right to provide in the organization for state registration in addition other documents concerning object of technical inventory count.

For the purpose of refining of data on object of technical inventory count the organization for state registration has the right to request from the legal entity or the individual entrepreneur additional documents concerning object of technical inventory count.

16. The works order and documents provided by Items 12-15 of this Instruction can be submitted to the organization for state registration electronically by e-mail. The order form on performance of works is electronically posted on the official sites of the relevant organizations for state registration.

The documents provided by Items 12-15 of this Instruction are presented in the form of electronic copies of the paper document and shall be signed by the digital signature with use of personal key of the signature which certificate of open key of verification of the digital signature is published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus.

Date of submission of the works order electronically is date of its receipt in the organization for state registration. In case of receipt of such order in non-working day date of its giving is the first working day following it.

Subjects of information relations under the organization and implementation for the purposes of this Instruction of electronic information exchange provide fulfillment of requirements of the legislation on information, informatization and information security.

Non-compliance established by this Instruction and other acts of the legislation of requirements to procedure and features of submission of the works order electronically is the basis for refusal in documents acceptance, provided for performance of works.

The persons which constituted and (or) who submitted documents provide reliability of the data specified in the submitted documents.

Chapter 4. Bases of appointment and requirement to carrying out technical inventory count and verification of characteristics

17. The registrar of the organization for state registration has the right to appoint technical inventory count or verification of characteristics of real estate for the purpose of establishment (refining) of data on availability, the location, structure, condition, the area and other characteristics of real estate necessary for making of registration actions.

18. Appointment as the registrar of technical inventory count or verification of characteristics of real estate is made in the following procedure:

decision making about purpose of technical inventory count or verification of characteristics of real estate;

suspension of making of registration actions for the term of no more than one month;

the notification of person who addressed for making of registration actions concerning real estate, the rights, restrictions (encumbrances) of the rights to it and transactions with it on suspension of making of registration actions according to Item 5 of article 35 of the Law of the Republic of Belarus "About state registration of real estate, the rights to it and transactions with it" and need of carrying out technical inventory count or verification of characteristics of real estate and submission of the order for accomplishment of these works.

19. Carrying out technical inventory count and verification of characteristics of real estate provides:

acceptance by authorized persons of the organization for state registration of the works order and the documents provided by this Instruction and the conclusion based on the order of the contract for performance of works on technical inventory count or verification of characteristics of real estate (further if other is not provided, – the contract for performance of works);

payment for work or introduction of advance payment by the customer;

message to the customer of date of inspection (measurements) of real estate, and also term of issue of the resulting technical document;

performance of works on technical inventory count or verification of characteristics of real estate;

entering of information on the real estate unit into the database of the register of characteristics;

acceptance of the performed works and issue of resulting technical documents to the customer or registrar.

20. Technical inventory count and verification of characteristics of real estate are performed at the expense of means of the customer if other is not established by legal acts.

21. In case of submission of the order about carrying out technical inventory count of the apartment apartment house which is again built according to the legislation technical inventory count of accessories of such apartment house (economic constructions, elements of improvement of the territory, etc.) is not carried out. This regulation does not extend on:

the apartment apartment houses built according to the state order;

apartment apartment houses, for construction and which servicing at the time of carrying out their technical inventory count the parcel of land registered in accordance with the established procedure was provided.

In case of submission of the order about carrying out technical inventory count of accessories and elements of improvement of the territory for the purpose of their inclusion in structure of the apartment apartment house registered in accordance with the established procedure after September 20, 2014 (except for the apartment apartment houses built according to the state order), only accessories and elements of improvement of the territory are surveyed.

In case of submission of the works order on conducting verification of characteristics of the apartment apartment house only auxiliary rooms of the apartment house are surveyed.

In case of submission of the works order on conducting verification of characteristics of the hostel rooms of household and public purpose, auxiliary rooms of the hostel are surveyed.

In case of submission of the works order on conducting verification of characteristics of the real estate unit which is in equity property, the procedure for ownership and use of which is established, only the part of the real estate unit which the customer (one of participants of equity property) owns and uses is surveyed if other participants of equity property do not agree to conducting verification of characteristics concerning the parts of the real estate unit which are in their ownership and use.

In case of submission of the works order on conducting the verification of characteristics leased (transferred to free use) the part of capital structure (the building, construction), the isolated room part of capital structure (the building, construction) is surveyed only leased (transferred to free use), the isolated room, part of capital structure (the building, construction), the isolated room, transferred to free use.

In case of submission of the works order on conducting verification of characteristics of part of capital structure (the building, construction) in which parking places are located, for the purposes of the subsequent creation of technical data sheets on parking places only part of capital structure (the building, construction) is surveyed in which parking places are located.

In case of submission of the works order on conducting verification of characteristics of the linear construction reconstructed or repaired in accordance with the established procedure only the part of construction changed as a result of reconstruction or repair is subject to obligatory inspection. At the same time the customer has the right to address for conducting verification of characteristics of all construction.

22. Characteristics of real estate are not performed:

in case of state registration of the termination of the rights to the apartment apartment house in case of alienation by the owner of the house of all apartments in it;

in case of state registration of the transaction and (or) transition of the right to the capital structure (the building, construction) which was in state-owned property earlier registered according to the legislation and which is inefficiently used if in the agreement or the decision on voluntary conveyance it is specified that the capital structure (the building, construction) is acquired for use by the acquirer after its reconstruction or restoration;

in case of state registration of the transaction and (or) transition of the right to the capital structure (the building, construction) which is earlier registered according to the legislation which is in condition of reconstruction or restoration, carried out according to the legislation;

in case of state registration of the transaction and (or) transition of the right to the capital structure (the building, construction) which is subject to demolition according to the procedure earlier registered according to the legislation, established by the legislation;

in case of state registration of change of capital structure (the building, construction) or the isolated room (the single-family apartment house or premises in such house, premises in the blocked apartment house, the premises located on the first floor of the apartment apartment house) based on change of its appointment in connection with adoption by executive committee of the decision on the translation of premises in non-residential in case of creation of technical data sheet on this real estate unit for the purposes of its subsequent reconstruction.

Chapter 5. The bases for refusal in documents acceptance, suspensions, refusal in performance of works on technical inventory count or verification of characteristics

23. The organization for state registration refuses documents acceptance, provided for performance of works if:

the works order and (or) documents submitted for performance of works are submitted by inadequate person;

not all documents specified in Items 10, to the 12 and 14 this Instruction necessary for performance of works are submitted;

contents of the documents submitted for performance of works on technical inventory count or verification of characteristics will not be approved among themselves;

the objects specified in the works order are not subject to technical inventory count or verification of characteristics according to the legislation;

the real estate units specified in the works order are subject to technical inventory count or verification of characteristics in other organization for state registration, except as specified, provided in Item 5 of this Instruction.

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