Technical plan approvedfor entering details of buildings in the state real estate cadastre.

26.11.2010

Legal Update No. 197

Goltsblat BLP advises that, by its Order No. 403 of 1 September 2010, the Ministry for Economic Development of the Russian Federation has approved a new format for technical plans of buildings and requirements on preparation of these.

No state cadastral registration of buildings, as prescribed by the Federal Law “On State Real Estate Cadastre” (with allocation of a cadastral number and registration of details about the building in the state real estate cadastre), will be performed until 1 January 2013. Until then, state registration of these real properties is to follow the procedure prescribed by the regulations on state technical registration and technical inventory of capital construction facilities and state technical registration of housing resources. Even so, the regulation is already in place covering preparation of a technical plan as an essential document for entering details of buildings in the state real estate cadastre (cadastral registration, cadastral registration of modifications to the building).

A technical plan of a building includes narrative and graphic parts, subdivided into mandatory sections and variable sections, depending on the type of cadastral formalities.

Details of buildings (including data on the total floor space) are indicated in the technical plan on the basis of the commissioning permit, design documentation or technical datasheet for the buildings. Copies of these documents, signed and stamped by a cadastral engineer, are to be attached to the technical plan. An excerpt from the real estate cadastre on the land plot accommodating the relevant building or a cadastral plan of the relevant territory is also required.

The graphic part of the technical plan consists of a layout showing the building’s location on the land plot and a drawing of the building’s outline. The purpose of the layout is to show the location of the building in relation to the land plot boundaries and, possibly, other real property, streets or public roads located on the same land plot. The drawing shows the location of the distinguished points of the building’s outline, which consists of a continuous outline made up by projecting the outer boundaries of the building envelope (walls) onto a horizontal plane at ground level. Projections of elevated elements of structures (for instance, galleries) are not included in the outline and are reflected on the drawing (layout) by special conventional signs. Projections of underground elements of the building are also eliminated from the outline and are not shown in the graphic sections of the technical plan.

Rules have also been introduced for describing, in the technical plan, the portion of a building that is subject to restricted rights in rem (encumbrances).

The established restriction of the rights (encumbrance) is to be set out in the building’s technical plan on the basis of acts issued by government or local government authorities, relevant agreements or effective judicial acts. Once certified by the cadastral engineer, copies of these documents are attached to the technical plan.

For additional information, please contact:

Vitaly Mozharowski, Partner, Real Estate and Construction, Goltsblat BLP;
T: +7 (495) 287 44 44,
E: info@gblplaw.com

Elena Barinova, Partner, Real Estate Investment and Finance, Goltsblat BLP;
T: +7 (495) 287 44 44,
E: info@gblplaw.com

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