of July 13, 2015 No. 218-FZ
About state registration of the real estate
Accepted by the State Duma on July 3, 2015
Approved by the Federation Council on July 8, 2015
1. This Federal Law governs the relations arising in connection with implementation in the territory of the Russian Federation of state registration of the rights to real estate and the transactions with it which are subject in accordance with the legislation of the Russian Federation state registration, the state cadastral registration of the real estate which is subject to such accounting according to this Federal Law and also maintaining the Single state real estate register and provision of the data provided by this Federal Law containing in the Single state real estate register.
2. The single state real estate register is the code of the authentic systematized data on the real estate considered according to this Federal Law, on the registered rights to such real estate, the bases of their origin, owners and also established according to this Federal Law of other data.
3. State registration of the rights to real estate - the legal act of recognition and confirmation of origin, change, transition, termination of the right of certain person to real estate or restrictions of such right and encumbrance of real estate (further - state registration of the rights).
4. State registration of the rights is performed by means of entering into the Single state real estate register of record about the right to real estate, data on which are entered in the Single state real estate register. State registration of transition of the right to real estate object, restrictions of the right to real estate object, encumbrances of real estate object or the transaction with real estate object is carried out on condition of availability of state registration of the right to this object in the Single state real estate register if other is not established by the Federal Law.
5. State registration of the right in the Single state real estate register is the single proof of existence of the registered right. The right to real estate registered in the Single state real estate register can be challenged only judicially.
6. The property right and other corporeal rights to real estate and transactions with it according to Articles 130, of 131, of 132, 133.1 and 164 Civil codes of the Russian Federation are subject to state registration. In the cases established by the Federal Law, arising, including based on the agreement, either the act of public authority, or the act of local government body, restriction of the rights and encumbrance of real estate, in particular the servitude, mortgage, trust management, lease, employment of premises are subject to state registration.
7. The state cadastral registration of real estate - entering into the Single state real estate register of data on the parcels of land, buildings, constructions, rooms, parking places, about objects of construction in progress, about single immovable complexes, and in the cases established by the Federal Law, and on other objects which are firmly connected with the earth that is movement of which without disproportionate damage to their appointment is impossible (further also - real estate objects) which confirm existence of such real estate object with the characteristics allowing to determine it as individual and certain thing, or confirm the termination of its existence, and also other data on real estate objects provided by this Federal Law (further - the state cadastral registration).
8. Provisions of this Federal Law are not applied to the state accounting and state registration of the rights to air and ocean ships, inland navigation vessels, subsoil plots.
1. The legal basis of the relations specified regarding 1 article 1 of this Federal Law is constituted by the Constitution of the Russian Federation, the Civil code of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal acts of the Russian Federation published according to them.
2. In the cases established by this Federal Law, acts of the President of the Russian Federation and acts of the Government of the Russian Federation, the legal basis of the relations specified regarding 1 article 1 of this Federal Law draw up also regulatory legal acts of the federal executive body authorized on implementation of functions on normative legal regulation in the sphere of maintaining the Single state real estate register, implementation of the state cadastral registration of real estate, state registration of the rights to real estate and transactions with it, provision of the data containing in the Single state real estate register (further - body of normative legal regulation).
1. The state cadastral registration, state registration of the rights, maintaining the Single state real estate register are performed by the federal executive body authorized by the Government of the Russian Federation and its territorial authorities (further - body of registration of the rights).
2. The federal executive body specified regarding 1 this Article:
Coordinates 1) and controls activities of registration authorities of the rights;
2) is provided by observance of the rights of procedure for maintaining the Single state real estate register by registration authorities, and also performs operation of federal state information system of maintaining the Single state real estate register in the amount provided by the provision specified in part 9 of article 7 of this Federal Law ensures information security of this information system;
Develops 3) and publishes methodical materials for registration authorities of the rights concerning implementation of the state cadastral registration, state registration of the rights, maintaining the Single state real estate register, provision of the data containing in the Single state real estate register;
4) is provided by training and advanced training of employees of registration authorities of the rights;
5) performs other powers established by this Federal Law and other Federal Laws.
3. When implementing of the state cadastral registration and state registration of the rights by it treat competence of body of registration of the rights:
1) reception of an application about the state cadastral registration and (or) state registration of the rights and the documents attached to it;
2) check of validity of the documents filed by the applicant and availability of the appropriate rights at person which prepared the document or authority;
3) verification of presence of earlier registered and earlier alleged rights;
4) state cadastral registration and state registration of the rights;
5) issue of the documents confirming implementation of the state cadastral registration and (or) state registration of the rights;
6) maintaining the Single state real estate register if other is not established by this Federal Law;
7) acceptance on accounting according to the procedure, established by body of normative legal regulation, ownerless immovable things;
8) other powers established by this Federal Law.
4. Voided
5. Voided
1. In the sphere of the state cadastral registration and state registration of the rights separate powers and rendering separate state services can be performed by the public company created according to the Federal Law "About the public company "Roskadastr" (further - the public company).
2. In the sphere of the state cadastral registration and state registration of the rights the public company performs the following powers and renders the following state services:
1) acceptance, including exit, statements for the state cadastral registration and (or) state registration of the rights and documents attached to it, issue, including by means of courier delivery, documents confirming implementation of the state cadastral registration and (or) state registration of the rights, other documents which are subject to issue to applicants as a result of consideration of the application about implementation of the state cadastral registration and (or) state registration of the rights according to this Federal Law in the document form on paper, and certifying performed state cadastral registration and (or) state registration of the rights of the statement from the Single state real estate register and also provided by this Federal Law of notifications in the document form on paper, constituted by such company and confirming contents of the electronic document sent to such company by results of provision of the state service by body of registration of the rights;
2) provision of the data containing in the Single state real estate register, and also the analytical information obtained on the basis of the data containing in the Single state real estate register;
3) maintaining the register of borders specified in Item 3 of part 2 of article 7 of this Federal Law;
4) ensuring information exchange of body of registration of the rights with cadastral engineers according to article 20 of this Federal Law;
5) creation and development according to the legislation of federal state information system of maintaining the Single state real estate register, operation in the amount provided by the regulations on this information system specified in parts 9 of article 7 of this Federal Law, this information system, accomplishment of functions of her operator, and also creation, development, operation according to the legislation of other information systems, including the rights of the powers used when implementing of registration by body, accomplishment of functions of the operator of such systems;
6) the translation of the documents containing in register cases (including the cadastral cases opened till January 1, 2017, cases of documents of title) which storage is performed (was performed) in the document form on paper, in form of electronic images of such documents;
7) development, implementation and information support of the electronic services necessary for rendering services in the sphere of the state cadastral registration, state registration of the rights and provisions of the data containing in the Single state real estate register (including private office of the owner of real estate object), and also rendering such services by means of these electronic services;
8) determination of coordinates of characteristic points of borders of the parcels of land in which description of location of borders the error, the adjacent and (or) non-adjacent parcels of land, determination of the area of such parcels of land, coordinates of characteristic points of contours of buildings, constructions, objects of construction in progress, and also coordinates of characteristic points of borders of municipalities, settlements, territorial zones, forest areas is found in case of error correction for the purpose of realization of provisions of article 61 of this Federal Law;
8. 1) maintaining and storage of books of accounting of documents which conducting in electronic form and (or) on papers as integral part of the Unified State Register of Rights on real estate and transactions with it was provided till January 1, 2017 by regulatory legal acts of the Russian Federation in the sphere of state registration of the rights to real estate and transactions with it;
8. 2) maintaining and storage of register cases (volumes of register cases) of the real estate objects created in electronic form after January 1, 2017;
8. 3) storage of Sections of the Unified State Register of Rights on real estate and transactions with it which maintaining was performed on paper;
8. 4) maintaining and storage of the cadastral cases created after January 1, 2017 on papers of register cases, and also opened till January 1, 2017, cases of documents of title which conducting was performed on paper;
8. 5) entering into the Single state real estate register of data on the cadastral cost of real estate objects;
8. 6) information servicing of interested persons by means of the Internet, and also telephone communication concerning implementation of the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register;
8. 7) maintaining cadastral maps;
9) other powers provided by the act of the Government of the Russian Federation, except for powers, stipulated in Item 4 parts 3 of article 3 of this Federal Law.
3. The requirements to the organization and order of interaction provided by the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" with applicants by provision of the state services and regulations on responsibility for violation of these requirements extend to the public company when implementing of powers by it and rendering the services specified in this Article. Provisions of this Federal Law are applied to the public company so far as other does not follow from being of the corresponding legal relationship.
4. The public company has the right to perform preparation of the documents necessary for entering into the Single state real estate register of the data specified in Item 3 of part 2 of article 7 of this Federal Law.
Participants of the relations arising when implementing the state cadastral registration and (or) state registration of the rights are owners of real estate and owners of other rights to it, other faces which are subject to state registration in the cases provided by this Federal Law, including citizens of the Russian Federation, foreign citizens and stateless persons, the Russian and foreign legal entities, the international organizations, the Union State, foreign states, the Russian Federation, subjects of the Russian Federation, municipalities, public authorities of the Russian Federation, public authorities of subjects of the Russian Federation and local government bodies, cadastral engineers, notaries, judicial police officers-contractors, on the one hand, and body of registration of the rights - with another.
1. Each real estate object, data on which are entered in the Single state real estate register, has the unchangeable, not repeating in time and in the territory of the Russian Federation cadastral number assigned by body of registration of the rights.
2. Each record about the right to real estate object, data on which are entered in the Single state real estate register, about restriction of the right or encumbrance of real estate object is identified by the unchangeable, not repeating in time and in the territory of the Russian Federation number of registration.
3. For the purpose of assignment to real estate objects of cadastral numbers the body of registration of the rights performs cadastral division of the territory of the Russian Federation into cadastral districts, cadastral areas and cadastral quarters (further - units of cadastral division). In case of establishment or change of units of cadastral division the corresponding data are entered in the Single state real estate register based on legal acts of body of registration of the rights.
4. Borders of zones with special conditions of use of the territories, territorial zones, borders of the territory concerning which the public servitude is established (further - limits of the public servitude), borders of the territories of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation (further - objects of cultural heritage), especially protected natural territories, forest-park green belts, special economic zones created according to the Federal Law of July 22, 2005 No. 116-FZ "About special economic zones in the Russian Federation" (further - special economic zones), hunting grounds, the territories of the advancing development, zones of territorial development in the Russian Federation, gambling zones, forest areas, the territory on which the decision on reservation of lands for the state or municipal needs, Frontier of the Russian Federation, border between subjects of the Russian Federation is made, borders of municipalities, borders of settlements, coastlines (border of water objects), borders of the Baikal natural territory and its ecological zones, data on which are entered in the Single state real estate register, have the unchangeable, not repeating in time and in the territory of the Russian Federation identification register number (further - register number of borders) assigned by body of registration of the rights.
5. The procedure for cadastral division of the territory of the Russian Federation, procedure for assignment to real estate objects of cadastral numbers, numbers of registration, register numbers of borders are established by body of normative legal regulation.
6. The cadastral numbers containing in the Single state real estate register, numbers of registration, register numbers of borders are obligatory for use in other state information resources, and also in case of interdepartmental information exchange.
1. Geodetic basis of the Single state real estate register (further - geodetic basis) are the state geodetic networks, and also the geodetic networks of special purpose created according to the legislation on geodesy and cartography (further - basic boundary networks).
2. Cartographical basis of the Single state real estate register (further - cartographical basis) is the unified electronic cartographical basis created according to the legislation on geodesy and cartography. Data on cartographical basis are posted on the official site of body of registration of the rights on the Internet (further - the official site).
3. Geodetic and cartographical bases are created and updated according to the legislation on geodesy and cartography. Data on geodetic and cartographical bases are entered in the Single state real estate register according to the procedure, established by body of normative legal regulation.
4. For maintaining the Single state real estate register the local systems of coordinates installed concerning cadastral districts with the parameters of transition to single state system of coordinates determined for them are used, and in the cases established by body of normative legal regulation the single state system of coordinates is used.
5. Local systems of coordinates concerning cadastral districts are installed by the federal executive body specified regarding 1 article 3 of this Federal Law, according to the procedure, provided according to the legislation on geodesy and cartography.
1. Maintaining the Single state real estate register is performed by entering of data into the Single state real estate register, change of the specified data in this register and exceptions of the specified data of this register according to the procedure established by this Federal Law and regulatory legal acts of the Russian Federation adopted according to it. Maintaining the Single state real estate register is performed in Russian on the basis of the principles of unity of technology of its maintaining in all territory of the Russian Federation, reliability and availability of its data.
2. The single state real estate register represents the code of the authentic systematized data in text form (the semantic data) and graphical form (the graphical data) and consists from:
1) the register of real estate objects (further also - the inventory of the real estate);
2) the register of the rights, restrictions of the rights and encumbrances of real estate (further also - the register of the rights to the real estate);
3) the register of data on borders of zones with special conditions of use of the territories, territorial zones, limits of public servitudes, borders of the territories of objects of cultural heritage, especially protected natural territories, forest-park green belts, special economic zones, hunting grounds, the territories of the advancing development, zones of territorial development in the Russian Federation, gambling zones, forest areas, the territory on which the decision on reservation of lands for the state or municipal needs is made, about Frontier of the Russian Federation, borders between subjects of the Russian Federation, borders of municipalities, borders of settlements, about coastlines (borders of water objects), borders of the Baikal natural territory and its ecological zones, and also data on projects of land surveying of the territories (further also - the register of borders);
4) register cases;
5) cadastral maps;
6) books of accounting of documents;
7) lists of coordinates of Items of geodetic basis in the local systems of coordinates installed concerning cadastral districts.
3. Registers of the Single state real estate register, cadastral maps, lists of coordinates of Items of geodetic basis in local systems of coordinates and books of accounting of documents are kept electronically. Register cases are stored electronically and (or) on paper taking into account the features established by this Federal Law.
4. The body of registration of the rights enters in the Single state real estate register data based on the documents which arrived according to the procedure, established by this Federal Law.
5. The data containing in the Single state real estate register are public in the limits set by the law.
6. The data containing in the Single state real estate register are subject to permanent storage, their destruction and withdrawal are not allowed. In case of change of the data containing in the Single state real estate register, earlier entered data remain.
7. Procedure for maintaining the Single state real estate register, including I will eat around the data entered in registers of the Single state real estate register, it is established by body of normative legal regulation.
8. The procedure for maintaining, procedure and storage durations of register cases, books of accounting of documents, and also the documents which are subject to issue to applicants after implementation of the state cadastral registration and (or) state registration of the rights according to this Federal Law but which are not received by them are established by body of normative legal regulation.
9. For the purpose of maintaining the Single state real estate register the federal state information system of maintaining the Single state real estate register which functioning is provided including according to the Federal Law of July 27, 2006 to No. 149-FZ "About information, information technologies and on information security" is created. The regulations on federal state information system of maintaining the Single state real estate register affirm the Government of the Russian Federation.
10. Voided
11. Protection of the data containing in the Single state real estate register and federal state information system of maintaining the Single state real estate register is performed by the operator of federal state information system of maintaining the Single state real estate register in accordance with the legislation of the Russian Federation.
1. In the inventory of the real estate the main and additional data on real estate object are entered.
2. The characteristics of real estate object allowing to determine such real estate object as individual and certain thing and also characteristics which are determined and change as a result of formation of the parcels of land, refining of location of borders of the parcels of land, construction and reconstruction of buildings, constructions, rooms and parking places, re-planning of rooms belong to the main data on real estate object. In the cases provided by the Federal Law, the main data on construction can change as a result of capital repairs of construction. These data are entered in the inventory of the real estate based on the documents specified in Items 7, 7.2 - 7.4 parts 2 of article 14 of this Federal Law if other is not established by this Federal Law.
3. Data which change based on decisions (acts) of public authorities or local government bodies, the data which contain in other state and municipal information resources (except for the data specified in part 2 of this Article), data which according to parts 2 and 3 of article 38 of this Federal Law are entered in notifying procedure belong to additional data on real estate object. Additional data on real estate object can change according to the procedure of the state cadastral registration in the cases provided by this Federal Law and also other data provided by this Federal Law.
4. In the inventory of the real estate the following main data on real estate object are entered:
1) real estate object type (parcel of land, building, construction, room, parking place, object of construction in progress, single immovable complex, company as property complex or other type);
2) cadastral number of real estate object and date of its assignment;
3) description of location of real estate object;
4) earlier assigned state accounting number (cadastral, accession, conditional number or number of accounting record in the state forest register) if such number was assigned before assignment according to the Federal Law of July 24, 2007 to No. 221-FZ "About the State Immovable Property Cadastre" cadastral number or if conditional number was assigned in case of state registration of the right (restriction of the right) to real estate object about day of entry into force of this Federal Law, date of assignment of such number, data on the organization or body which assigned such number in the procedure established by the legislation of the Russian Federation;
5) cadastral number of real estate object from which as a result of the Section, apportionment or other action corresponding to the legislation of the Russian Federation with real estate object (further - initial real estate object) the new real estate object is formed (further - educated real estate object);
6) cadastral numbers of rooms, the parking places located in the building or construction if real estate object is the building or construction;
7) data on the termination of existence of real estate object and date of removal from the state cadastral registration if the real estate object stopped existence;
8) cadastral numbers of other real estate objects, in which borders or in which the real estate object is located (cadastral number of the parcel of land in which limits are located the building, construction or object of construction in progress if real estate object is the building, construction or object of construction in progress, or cadastral number of the building or construction in which the room or the parking place is located if real estate object is the room or the parking place, or cadastral number of the apartment in which the room is located if real estate object is the room), and also cadastral number of single immovable complex or the company as property complex if the real estate object is part of single immovable complex or if the real estate object and (or) the right to it (including the lease right) are part of the company as property complex;
9) the area if real estate object is the parcel of land, the building, the room or the parking place;
10) the main characteristic of real estate object (extent, depth, depth, the area, amount, height, building area) and its value if real estate object is the construction;
11) degree of readiness of object of construction in progress as a percentage;
12) the main characteristic of real estate object (extent, depth, depth, the area, amount, height, building area) and its projectible value if real estate object is object of construction in progress;
13) projectible purpose of the building, construction which construction is not complete if real estate object is object of construction in progress;
14) the number of floors, including underground floors if real estate object is the building or construction (with number of storeys at the building or construction);
15) number of the floor of the building or construction on which the room or the parking place is located;
16) ceased to be valid
17) material of external walls if real estate object is the building;
18) year of commissioning of the building or construction upon completion of its construction if real estate object is the building or construction, or year of completion of construction of such real estate objects if according to the Federal Law issue of permission to commissioning of the facility is not provided;
19) data that the room according to stipulated by the legislation documents about town-planning activities, including with the project documentation, is intended for servicing of all other rooms and (or) parking places in the building, construction (further - the room of auxiliary use) or such room belongs to common property in the apartment house if real estate object is the room;
20) surname, name and in the presence middle name of each cadastral engineer performing cadastral works concerning real estate object, unique register number in the register of self-regulatory organization of cadastral engineers and the name of this organization, the insurance number of the individual ledger account in system of mandatory pension insurance of each cadastral engineer performing cadastral works concerning real estate object, number and dates of the conclusion of contracts for accomplishment of cadastral works, date of completion of cadastral works;
21) cadastral numbers of the real estate objects which are part of single immovable complex if real estate object is the single immovable complex;
22) cadastral numbers of the real estate objects which are part of the company as property complex, and (or) cadastral numbers of real estate objects, the rights to which (including the lease right) are part of the company as property complex, if real estate object is the company as property complex and are its part real estate objects and (or) the rights to them;
23) premises type (the room, the apartment) if real estate object are the premises located in the apartment house;
24) data on part of real estate object, except for case if real estate object is object of construction in progress;
25) cadastral number of educated real estate object - concerning initial real estate object;
26) cadastral numbers of the real estate objects located in borders of the parcel of land if real estate object is the parcel of land;
27) number of cadastral quarter in which there is real estate object.
5. In the inventory of the real estate the following additional data on the real estate unit are entered:
1) data on the cadastral project cost of the real estate;
2) data on the woods, water objects and on other natural objects located in borders of the parcel of land if real estate object is the parcel of land;
3) category of lands to which the parcel of land is referred if real estate object is the parcel of land;
4) type or types of the permitted use of the parcel of land, the building, construction (except for auxiliary types of the permitted use), rooms;
5) data that the parcel of land is fully or partially located in zone borders with special conditions of use of the territory or territory of object of cultural heritage, limits of the public servitude, including the restrictions on use of the parcel of land set for such zone, the territory or in connection with establishment of the public servitude;
6) data that the parcel of land is located in borders of especially protected natural territory, the Baikal natural territory and its ecological zones, forest-park green belt, hunting grounds, forest areas;
7) data that the parcel of land is located in borders of the special economic zone, the territory of the advancing development, zones of territorial development in the Russian Federation, gambling zone;
8) data on inclusion of real estate object in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, the requirement to preserving, content and use of the specified objects, requirements to ensuring access to such objects, the name and details of the document based on which record about the specified requirements or about reference of real estate object to the revealed objects of cultural heritage which are subject to the state protection before decision making about its inclusion in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation is made or on refusal to include them in this register, with indication of the requirement to content and use of the revealed object of cultural heritage, the name and details of the document based on which record about the specified requirements is made;
9) purpose of the building (non-residential, the apartment house, the apartment house, the garden house, garage) if real estate object is the building;
10) purpose of the room (residential, non-residential) if real estate object is the room;
11) the name of the building, construction, the room, single immovable complex, the company as property complex in the presence of such name;
12) purpose of construction if real estate object is the construction;
13) purpose of single immovable complex if real estate object is the single immovable complex;
14) appointment of the company as property complex (the core activity performed by the owner with use of this company, or (in the presence) the commercial designation used by the owner of the company for individualization of the company) if real estate object is the company as property complex;
15) data on results of carrying out federal state land control (supervision);
16) data that the parcel of land is located in borders of the territory concerning which the boundary-setting plan is approved;
17) data on reference of premises to certain type of premises of specialized housing stock, to premises of the hired house of social use or the hired house of commercial use;
17. 1) data that the premises are located in the apartment house recognized to the emergency and subject demolitions or reconstruction or about recognition of the premises located in the apartment house, unsuitable for accommodation;
18) data on adoption of the act and (or) the conclusion of the agreement, providing according to the land legislation executive body of the government or local government body of the parcel of land which is in the state-owned or municipal property for construction of the hired house of social use or the hired house of commercial use or for development of the territory for the purpose of construction and operation of the hired house of social use or the hired house of commercial use, or data on the decision of the owner of the parcel of land which is in private property, on construction on such parcel of land of the hired house of social use or the hired house of commercial use or about the contract of the specified owner of the parcel of land with public authority, local government body or the other person, provided to the specified owner according to the housing legislation the state, municipal and (or) other support for creation, operation of the hired house of social use on such parcel of land if real estate object is the parcel of land;
19) conditional number of the parcel of land formed according to the approved boundary-setting plan, the project of land surveying of the parcel of land or the parcels of land or the scheme of arrangement of the parcel of land or the parcels of land on the cadastral plan of the territory and details of the decision on approval of this boundary-setting plan or decision which provides approval of this scheme;
20) data on availability of land dispute on location of borders of the parcels of land in the case provided by part 5 of article 43 of this Federal Law;
21) data on the address of real estate object or if the real estate object according to the Federal Law is not object of addressing, data on other location of real estate object determined according to the Federal Law;
22) data that the parcel of land or the parcels of land are formed based on the decision on withdrawal of the parcel of land and (or) the real estate object located on it for the state or municipal needs;
23) data that the parcel of land is formed of lands or the parcel of land on which state-owned property is not differentiated, and also data on body based on which decision this parcel of land was formed;
24) data on restriction of turnover ability of the parcel of land according to article 11 of the Federal Law of May 1, 2016 No. 119-FZ "About features of provision to citizens of the parcels of land which are in the state-owned or municipal property and located in the Arctic zone of the Russian Federation and in other territories of the North, Siberia and the Far East of the Russian Federation and about modification of separate legal acts of the Russian Federation" (further - the Federal Law "About Features of Provision to Citizens of the Parcels of Land Which Are in the State-owned or Municipal Property and Located in the Arctic Zone of the Russian Federation and in Other Territories of the North, Siberia and the Far East of the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation") if such parcel of land is provided in free use according to the specified Federal Law. The body of registration of the rights enters these data in the Single state real estate register without additional statement along with state registration of the agreement of free use by the parcel of land signed according to the specified Federal Law. These data remain in case of state registration of origin, transition of the rights to such parcel of land, state registration of transactions with such parcel of land. These data are excluded from the Single state real estate register along with state registration of the termination of the right of free use by such parcel of land on the bases, the stipulated in Article 9 Federal Laws "About Features of Provision to Citizens of the Parcels of Land Which Are in the State-owned or Municipal Property and Located in the Arctic Zone of the Russian Federation and in Other Territories of the North, Siberia and the Far East of the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation";
25) data about specified in the document based on which in the Single state real estate register data on earlier considered real estate object, the corporeal rights to this real estate object are entered, and also about revealed according to the procedure, the stipulated in Article 69.1 presents of the Federal Law, the owner of this real estate object in the amount determined according to part 7 of article 7 of this Federal Law, and the specified rights were not registered in the Single state real estate register;
26) data that the parcel of land or the parcels of land are formed by redistribution of the lands or the parcel of land which are in the state-owned or municipal property and the parcel of land which is in private property based on the decision on approval of the scheme of arrangement of the parcel of land or the consent of public authority or local government body on agreement signature about redistribution of the parcels of land according to the approved boundary-setting plan;
27) data on the decision on withdrawal of the parcel of land and (or) the real estate object located on it for the state or municipal needs;
28) data on arrangement of the parcel of land and (or) the real estate object located on it in borders of the territory on which the decision on reservation of lands for the state or municipal needs is made;
29) data on recognition of the apartment house to the emergency and subject demolitions or reconstruction or about recognition of the apartment house unsuitable for accommodation;
30) data that the real estate object belongs to the production facilities specified in Item 1 of article 56.1 of the Federal Law of January 10, 2002 to No. 7-FZ "About environmental protection" which alienation is possible in the presence of the conclusion about financial security of the legal entity, the individual entrepreneur or the notification on the transaction, stipulated by the legislation in the field of environmental protection.
1. Data on the rights, on restrictions of the rights and encumbrances of real estate objects, on transactions with real estate objects are entered in the register of the rights to the real estate if such transactions are subject to state registration according to the Federal Law, and also additional data which entering into the register of the rights to the real estate does not involve transition, the termination, restrictions of the rights and encumbrance of real estate objects.
2. The following data on the rights, on restrictions of the rights and encumbrances of real estate object, on transactions with it are entered in the register of the rights to the real estate:
1) type of the corporeal right, number of registration and date of state registration of the right;
2) the information about person behind which the right to real estate object is registered, records about the previous owners, and also concerning such persons which are physical persons - the insurance number of the individual ledger account in system of mandatory pension insurance if such number is assigned in accordance with the established procedure;
3) data on the basis of origin, change, transition and termination of the right to real estate object;
4) type of the registered restriction of the right or encumbrance of real estate object, number of registration and date of state registration such restrictions or encumbrances;
5) the information about persons for benefit of which restrictions of the right or encumbrance of real estate object are set, and also concerning such persons which are physical persons - the insurance number of the individual ledger account in system of mandatory pension insurance if such number is assigned in accordance with the established procedure;
6) bases of origin, change, termination of restrictions of the right or encumbrances of real estate object;
7) details, essential terms of transaction or transactions.
3. The following additional data are entered in the register of the rights to the real estate:
1) data on objection concerning the registered right to real estate object of person which appropriate right in the Single state real estate register was registered earlier (further - the prior owner), about lawsuit availability concerning the registered right to real estate object, about impossibility of state registration of the right without personal participation of the owner or his legal representative, about impossibility of state registration of transition, termination of the property right to the parcel of land from lands of agricultural purpose and state registration of mortgage as encumbrances on such parcel of land, except for transition of the right according to the procedure of universal succession, before elimination by the owner of such parcel of land of the violation of mandatory requirements or cancellation of the issued instruction revealed within federal state land control (supervision) about elimination of the revealed violation of mandatory requirements by results of consideration of the claim to the decision of authorized body of the executive authority on implementation of federal state land control (supervision), about recognition of the owner incapacitated, it is limited capable, about possibility of submission of the statement for state registration of transition, termination of the property right to the real estate object belonging to physical person and the documents attached to it in the form of electronic documents and (or) electronic images of the documents signed by the strengthened qualified digital signature (further - records about marks in the register of the rights to the real estate);
2) data on receipt of statements for implementation of state registration of the rights, transactions with real estate object, and also about receipt date of such statements;
3) the information about the members of the family of the owner of these premises living in premises who are under guardianship or custody or about minor members of the family of the owner of these premises, without parental support;
4) data on implementation of state registration of the transaction or state registration of the rights based on the transaction made without the consent of the third party necessary by law, body of the legal entity or state body or local government body in cases if such transactions by law are not insignificant;
5) the size of share in the right of common ownership to common property, including on the parcel of land, owners of rooms in the building if real estate object is the room in the building in the common property according to which Federal Law is in common ownership of owners of rooms in such building;
6) the size of share in the right of common ownership to common property of owners of rooms in premises if real estate object is the room;
7) the e-mail address and (or) the postal address to which communication with person whose right to real estate object is registered, and also person for benefit of whom restriction of the right or encumbrance of real estate object is registered is performed;
8) ceased to be valid according to the Federal Law of the Russian Federation of 30.04.2021 No. 120-FZ
8. 1) ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 247-FZ
8. 2) ceased to be valid according to the Federal Law of the Russian Federation of 29.07.2017 No. 218-FZ
8. 3) data on impossibility of transfer of premises as a deposit, lease, encumbrances by its other rights, and also about impossibility of its alienation in the cases provided by the Law of the Russian Federation of April 15, 1993 No. 4802-1 "About the status of the capital of the Russian Federation";
8. 4) data on suspension for certain term of implementation by the builder of the activities connected with attraction of money of participants of shared-equity construction for construction (creation) of apartment houses and (or) other real estate objects according to part 15 of article 23 of the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation";
8. 5) the information about the managing director of pledge and about the agreement of management of pledge if such agreement is signed for management of mortgage;
9) other data in the cases provided by the Federal Law.
1. The following data on zones with special conditions of use of the territories, territorial zones, the territories of objects of cultural heritage, the territories of the advancing development, zones of territorial development in the Russian Federation, about gambling zones, about forest areas, about especially protected natural territories, about forest-park green belts, about special economic zones, hunting grounds, about the Baikal natural territory and its ecological zones are entered in the register of borders:
1) individual designations of such zones and territories, forest areas (type, type, number, index and other designations);
2) the description of location of borders of such zones (borders of the territories (subbands) if in zone borders with special conditions of use of the territory two or more territories (subbands) concerning which various restrictions of use of the parcels of land are set are allocated) and the territories, and also forest areas;
3) names of the public authorities or local government bodies which made decisions on establishment of such zones, forest areas, on creation of such territories;
4) details of decisions of public authorities or local government bodies on establishment or change of such zones, about creation or about change of such territories and sources of official publication of these decisions or specifying on provisions of regulatory legal acts based on which zones with special conditions of use of the territories are established if such regulatory legal acts do not provide decision making about establishment of zones with special conditions of use of the territories;
5) details of the agreement on creation of the special economic zone, the territory of the advancing development, zones of territorial development in the Russian Federation;
6) content of restrictions of use of real estate objects within such zones or the territories (concerning zones with special conditions of use of the territories (subbands), territorial zones, the territories of objects of cultural heritage, especially protected natural territories);
7) details of decisions of the Government of the Russian Federation on creation, about consolidation, increase in the area or about early termination of existence of the special economic zone, the territory of the advancing development, zones of territorial development in the Russian Federation, gambling zone, about establishment of borders of the Baikal natural territory and its ecological zones;
7. 1) details of the decision of the Government of the Russian Federation or public authority of the subject of the Russian Federation about establishment, change of borders of forest-park green belt or about its abolition;
8) details of decisions of public authorities or local government bodies on approval of rules of land use and building, forestry and landscape regulations of the forest area located on lands of forest fund, regulations on especially protected natural territory or about modification of them;
9) the list of all types of the permitted use of the parcels of land established by town-planning regulations, forestry and landscape regulations of forest area, regulations on especially protected natural territory in relation to territorial zone or the territory concerning which they are accepted;
10) the term for which the zone with special conditions of use of the territory is established or specifying that the zone with special conditions of use of the territory is established is termless;
11) data that the capital construction project in connection with which placement the zone with special conditions of use of the territory is established or changed is not put into operation (if such zone is established or changed concerning planned to construction, reconstruction of capital construction project);
12) the list of types of the permitted use of capital construction projects, the extreme sizes of the parcels of land and extreme parameters of the permitted construction, the reconstruction of capital construction projects provided by town-planning regulations in relation to territorial zone, regulations on especially protected natural territory.
2. The following data on administrative-territorial division are entered in the register of borders:
1) the description of location of borders between subjects of the Russian Federation;
2) details of legal acts about coordination and about approval of change of borders between subjects of the Russian Federation;
3) description of location of borders of municipalities;
4) details of legal acts about establishment or change of borders of municipalities;
5) description of location of borders of settlements;
6) details of legal acts about establishment or change of borders of settlements.
3. The following data on passing of Frontier of the Russian Federation are entered in the register of borders:
1) description of passing of Frontier of the Russian Federation;
2) details of international treaties of the Russian Federation, the Federal Laws according to which passing of Frontier of the Russian Federation is established or changed;
3) details of documents on change, refining of passing of Frontier of the Russian Federation on the area which are made when checking passing of Frontier of the Russian Federation based on international treaties of the Russian Federation.
4. The following data on the approved boundary-setting plan are entered in the register of borders:
1) details of the decision on approval of the boundary-setting plan (decision date, number of the decision);
2) the description of location of borders of the parcels of land which are subject to education according to the approved boundary-setting plan;
3) the type or types of the permitted use of the parcels of land specified in the approved boundary-setting plan;
4) the description of location of borders of the territory concerning which the project of land surveying is approved.
5. The following data on coastlines (borders of water objects) are entered in the register of borders:
1) type (according to part 2 of article 5 of the Water code of the Russian Federation) and the name (in the presence) superficial water object;
2) description of location of the coastline (border of water object).
6. The following data on the public servitude are entered in the register of borders:
1) details of the decision of public authority or local government body on establishment of the public servitude (decision date, number of the decision);
2) description of location of limits of the public servitude;
3) purpose of establishment of the public servitude;
4) term of the public servitude;
5) the owner of the public servitude, the postal address and the e-mail address for communication with it if the public servitude is established for the purposes, stipulated in Article 39.37 Land codes of the Russian Federation;
6) the name of executive body of the government or the local government body which made the decision on establishment of the public servitude, and sources of official publication of such decision.
7. Data on the public servitude are excluded from the register of borders after its term or in case of receipt of the decision of public authority, local government body or court about the termination of the public servitude.
8. Data on reservation of lands for the state or municipal needs are entered in the register of borders, including:
1) details of decisions of public authorities or local government bodies on such reservation of lands;
2) purposes and terms of such reservation of lands;
3) the restrictions of the rights to the parcels of land located in borders of the reserved lands arising in connection with such reservation of lands;
4) the description of location of borders of the lands reserved for the state or municipal needs according to the scheme of arrangement of these lands in the amount provided by procedure for maintaining the Single state real estate register.
1. Register cases represent set of documents based on which in the Single state real estate register the data established by this Federal Law are entered.
2. Register business is run electronically.
3. Statements and documents, necessary for the state cadastral registration and state registration of the rights, submitted in the document form on paper for inclusion in register cases are transferred by body of registration of the rights to form of an electronic document or electronic image of the document. The electronic documents, electronic images of the document created according to this part are signed by the strengthened qualified digital signature of the authorized officer of body of registration of the rights and have the same legal force, as the paper document submitted by the applicant.
4. Voided
1. Cadastral maps represent the thematic cards constituted on cartographical basis on which in graphical form and text form the data containing in the Single state real estate register are reproduced:
1) the public cadastral map - the cadastral map, held for use the unrestricted group of people;
2) cadastral maps on duty - the cadastral maps intended only for use of registration of the rights by body when maintaining the Single state real estate register.
2. The public cadastral map and cadastral maps on duty are kept electronically.
3. The public cadastral map is subject to placement on the portal of spatial data of national system of spatial data for viewing without giving of requests and collection of payment.
4. The scope of information, containing in cadastral maps, is established by body of normative legal regulation.
5. On the public cadastral map the additional data provided to body of registration of the rights by federal executive bodies, public authorities of subjects of the Russian Federation and local government bodies are also reproduced. The structure, the list of such data, procedure and methods of their submission to body of registration of the rights are determined by the Government of the Russian Federation.
Entering of data into the Single state real estate register is performed by body of registration of the rights:
1) as a result of the state cadastral registration and (or) state registration of the rights - in case of introduction of the main data on real estate object and if other is not provided by the Federal Law, the additional data on real estate object specified in item 4 of part 5 of article 8 of this Federal Law, and also data on the rights, on restrictions of the rights and encumbrances of real estate object, on the transactions which are subject based on the Federal Law to state registration;
2) according to the procedure of interdepartmental information exchange - in case of introduction of additional data on the real estate unit, when entering data into the register of borders, and also in the cases of information about person established by this Federal Law behind whom the right to real estate object, and also person for benefit of whom restrictions of the right, encumbrances of real estate object are set is registered;
3) in notifying procedure - in case of introduction in the cases of additional data established by this Federal Law which entering into the Single state real estate register does not involve transition, the termination of the right, restriction of the right or encumbrance of real estate object.
1. The state cadastral registration and (or) state registration of the rights are performed based on the statement, cases except for established by this Federal Law, and documents which arrived in body of registration of the rights in the procedure established by this Federal Law.
2. The bases for implementation of the state cadastral registration and (or) state registration of the rights are:
1) the acts issued by public authorities or local government bodies within their competence and according to the procedure which is established by the legislation existing in the place of the publication of such acts at the time of their edition and the establishing availability, origin, transition, the termination of the right or restriction of the right and encumbrance of real estate object;
2) the agreements and other transactions concerning real estate made according to the legislation existing in the location of real estate at the time of transaction;
3) acts (certificates) on privatization of premises made according to the legislation existing in the place of implementation of privatization at the time of its making;
4) certificates on the right to inheritance;
5) the court resolutions which took legal effect;
5. 1) decisions of reference tribunals according to which writs of execution according to the court resolutions of courts of law or Arbitration Courts which took legal effect, together with such writs of execution are issued;
6) acts (certificates) on the rights to real estate issued by authorized bodies of the government according to the procedure, the established legislation existing in the place of the publication of such acts at the time of their edition;
7) the boundary plan (in case of the state cadastral registration of the formed parcels of land, the state cadastral registration in connection with formation of part of the parcel of land (except for the case provided by part 1 of article 44 of this Federal Law), the state cadastral registration in connection with change of the description of location of borders of the parcel of land and (or) its area in the cases provided by parts 1 and 2 of article 43 of this Federal Law);
7. 1) the approved scheme of placement of the parcel of land on the public cadastral map when implementing the state cadastral registration of the parcel of land formed for the purpose of its provision to the citizen in free use according to the Federal Law "About Features of Provision to Citizens of the Parcels of Land Which Are in the State-owned or Municipal Property and Located in the Arctic Zone of the Russian Federation and in Other Territories of the North, Siberia and the Far East of the Russian Federation and about Modification of Separate Legal Acts of the Russian Federation";
7. 2) the approved map plan of the territory prepared as a result of accomplishment of complex cadastral works (further - the map plan of the territory);
7. 3) the technical plan (in case of the state cadastral registration and state registration of the rights or in case of the state cadastral registration in connection with creation as a result of construction or change in result of reconstruction of buildings, constructions, change in result of capital repairs of constructions if other is not established by this Federal Law; in case of the state cadastral registration and state registration of the rights concerning objects of construction in progress; in case of the state cadastral registration and state registration of the rights concerning rooms or parking places in the building, construction; in case of the state cadastral registration of rooms or parking places in the building, construction);
7. 4) the act of inspection (in case of the state cadastral registration and state registration of the termination of the rights or in case of the state cadastral registration in connection with the termination of existence of the building, construction, object of construction in progress, the room or parking place);
8) other documents provided by the Federal Law and also other documents which confirm availability, origin, transition, the termination of the right or restriction of the right and encumbrance of real estate object according to the legislation existing in the place and at the time of origin, the termination, transition of the rights, restriction of the rights and encumbrances of real estate objects;
9) approach of the circumstances specified in the Federal Law.
3. The state cadastral registration and state registration of the rights are performed at the same time in connection with:
1) creation of the real estate object which is the building or construction (except for the apartment house or other real estate object which creation was performed with attraction of money of participants of shared-equity construction according to the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation", the apartment house created by housing cooperative and also the real estate object created with attraction of financial resources of several persons concerning which at the time of the appeal of builder with the statement for issue of permission to input of capital construction project in operation between the builder and the other person (other persons) the agreement on emergence of the rights to the created building, construction or on everything located in such building, room construction is not reached parking places), based on permission to input of the capital construction project in operation provided according to the procedure, stipulated in Article the 19th this Federal Law, - concerning such buildings, constructions or located in such building, construction of rooms, parking places;
1. 1) creation of real estate object, for construction which reconstruction does not need receipt of the construction license and permission to input of capital construction project in operation;
1. 2) creation of object of construction in progress;
2) formation of real estate object, except as specified, provided by Items 8 - 10, 12 parts 5 of this Article;
3) the termination of existence of real estate object, the rights to which are registered in the Single state real estate register;
4) education or the termination of existence of part of real estate object to which the restrictions of the rights and encumbrance of the corresponding real estate object which are subject according to the Federal Law to state registration, except for case, stipulated in Item 11 parts 5 of this Article extend.
4. State registration of the rights without the simultaneous state cadastral registration is performed on condition of availability in the Single state real estate register of data on the real estate unit, the right to which is registered, in connection with:
1) emergence of the right to the created real estate object or object of construction in progress if concerning such real estate objects the state cadastral registration was performed earlier;
2) emergence of the right to the educated parcel of land in the cases specified in Items 8 - 10, 12 parts 5 of this Article;
3) the termination of the rights to real estate object (except for the terminations of the rights in the cases specified in Item 3 of part 3 of this Article);
4) transition of the right to real estate object;
5) confirmation of the rights to real estate object which arose about day of entry into force of the Federal Law of July 21, 1997 No. 122-FZ "About state registration of the rights to real estate and transactions with it";
6) confirmation of the rights to real estate object which arose owing to the Federal Law;
7) restriction of the rights to real estate object and encumbrance of real estate object, and also termination such restrictions and encumbrances.
5. The state cadastral registration is performed without simultaneous state registration of the rights only in cases if it is performed:
1) based on permission to input of capital construction project in operation in connection with creation of the apartment house or other real estate object which creation was performed with attraction of money of participants of shared-equity construction according to the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation", the apartment house created by housing cooperative and also the real estate object created with attraction of financial resources of several persons concerning which at the time of the appeal of builder with the statement for issue of permission to input of capital construction project in operation between the builder and the other person (other persons) the agreement on emergence of the rights to the created building, construction or on everything located in such building, room construction is not reached parking places, - concerning the specified apartment house or other real estate object and (or) rooms located in them, parking places;
2) in connection with the termination of existence of real estate object, the rights to which are not registered in the Single state real estate register;
3) in connection with education, the termination of existence of part of real estate object to which restrictions of the rights and encumbrance of the corresponding real estate object extend if according to the Federal Law such restrictions and encumbrances are not subject to state registration in the Single state real estate register;
4) concerning all rooms and parking places in the building, construction along with implementation of the state cadastral registration on this building or if the property right to this building, the construction is already registered in the Single state real estate register;
5) ceased to be valid according to the Federal Law of the Russian Federation of 06.12.2021 No. 408-FZ
6) in connection with change of the main data on real estate object;
7) concerning the complex cadastral works of the parcels of land occupied with squares, streets, drives, embankments, squares, boulevards, water objects, beaches and other common use facilities which formation is provided by the boundary-setting plan approved in the procedure established by the legislation on town-planning activities (including in case of recognition of location of borders or parts of borders of such parcel of land disputable in the procedure established by the Federal Law) formed in case of accomplishment and which after education will belong to lands public, the territories public, and also the parcels of land occupied with buildings, constructions, objects of construction in progress;
8) concerning the parcels of land formed based on the decision on withdrawal of the parcel of land and (or) the real estate object located on it for the state or municipal needs;
9) concerning the parcels of land formed of lands or the parcels of land on which state-owned property is not differentiated, except for the parcels of land concerning which directly after education there are rights or restrictions of the rights, encumbrances of real estate object which are subject to state registration;
10) concerning the parcel of land or the parcels of land formed by redistribution of the lands or the parcel of land which are in the state-owned or municipal property and the parcel of land which is in private property based on the decision on approval of the scheme of arrangement of the parcel of land or the consent of public authority or local government body on agreement signature about redistribution of the parcels of land according to the approved boundary-setting plan;
11) concerning part of the parcel of land which is in the state-owned or municipal property which is formed for the purpose of establishment of the servitude in relation to it;
12) in connection with the choice by the owner of the parcel of land, the building or construction of type of the permitted use of such real estate object if such owner according to the law has the right to choose this type of the permitted use of the parcel of land, the building or construction.
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