Registration No. 23672
In accordance with Part 10 of Article 41 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” (Collection of Legislation of the Russian Federation, 2007, N 31, Art. 4017; 2009, N 52, Art. 6410) and clause 5.2.22 of the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 N 437 (Collected Legislation of the Russian Federation, 2008, N 24, Art. 2867; N46, Art. 5337; 2009, N 3 , Art. 378; N 18, Art. 2257; N 19, Art. 2344; N 25, Art. 3052; N 26, Art. 3190; N 38, Art. 4500; N 41, Art. 4777; N 46, Article 5488; 2010, N 5, Article 532; N 9, Article 960; N 10, Article 1085; N 19, Article 2324; N 21, Article 2602; N 26, Article 3350; N 40 , Art. 5068; N 41, Art. 5240; N 45, Art. 5860; N 52, Art. 7104; 2011, N 6, Art. 888; N 9, Art. 1251; N 12, Art. 1640; N 14, Art. 1935; N 15, Art. 2131; N 17, Art. 2411, 2424; N 32, Art. 4834; N 36, Art. 5149, 5151; N 39, Art. 5485; N 43, Art. 6079; N 46, Art. 6527; 2012, N 1, Art. 170, 177), I order:
Approve:
form of a technical plan for an unfinished construction project (Appendix No. 1);
requirements for the preparation of a technical plan for an unfinished construction project (Appendix No. 2).
Minister E. Nabiullina
Appendix No. 2
Requirements for preparing a technical plan for an unfinished construction project
I. General provisions
1. The requirements for the preparation of a technical plan for an unfinished construction project (hereinafter referred to as the Requirements) establish the rules for the preparation of a technical plan for an unfinished construction project (hereinafter referred to as the technical plan).
2. In accordance with the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” * (hereinafter referred to as the Law), a technical plan is a document that reproduces certain information included in the state real estate cadastre and indicates information about an unfinished construction object, necessary for registering such an unfinished construction object, or new information about an unfinished construction object, which has been assigned a cadastral number, necessary for entering into the state real estate cadastre.
3. The technical plan consists of text and graphic parts, which are divided into sections.
4. The text part of the technical plan includes the title page, contents and the following sections:
1) initial data;
5) information about the formed parts of the unfinished construction project;
6) conclusion of a cadastral engineer.
5. The graphic part of the technical plan includes the following sections:
1) layout diagram of an unfinished construction project on a land plot (hereinafter referred to as the Scheme);
2) drawing of the outline of an unfinished construction project (hereinafter referred to as the Drawing).
6. The technical plan may include an application (hereinafter referred to as the Application).
7. The composition of the technical plan prepared for the purpose of submitting an application to the cadastral registration authority for registration of the created object of unfinished construction with the state cadastral registration includes the title page, content and the following sections:
1) initial data;
2) information about the measurements and calculations performed;
3) description of the location of the unfinished construction site on the land plot;
4) characteristics of the unfinished construction project;
7) Drawing;
8. The technical plan prepared for the purpose of submitting an application to the cadastral registration authority for state cadastral registration of changes to an unfinished construction project includes a title page, contents and the following sections:
1) initial data;
2) information about the measurements and calculations performed (if necessary);
3) description of the location of the unfinished construction project on the land plot (if necessary);
4) characteristics of the unfinished construction project;
5) conclusion of a cadastral engineer (if necessary);
7) Drawing (if necessary);
8) Application (if necessary).
9. The technical plan prepared for the purpose of submitting an application to the cadastral registration body for state cadastral registration of changes to an unfinished construction project in connection with the formation of a part of an unfinished construction project includes a title page, contents and the following sections:
1) initial data;
2) information about the formed parts of the unfinished construction project;
3) conclusion of a cadastral engineer (if necessary);
4) Drawing (if necessary);
5) Application (if necessary).
10. The components of the technical plan are completed in the following sequence: title page, content, sections of the text part of the technical plan, sections of the graphic part of the technical plan, Appendix.
11. The technical plan is drawn up in the form of a separate document in relation to each created object of unfinished construction. The technical plan is drawn up in the form of one document in the event of the formation of part (parts) of an unfinished construction project.
II. General requirements for preparing a technical plan
12. Information about the construction-in-progress object is indicated in the technical plan on the basis of project documentation or the technical passport of the construction-in-progress object. Copies of these documents are included in the Appendix. At the same time, the fact of the existence of an unfinished construction object is confirmed by a cadastral engineer based on the results of a field survey. The results of a field survey of an unfinished construction site are reflected in the section “Conclusion of a cadastral engineer.”
In the absence of the specified documents, information, with the exception of information about the location of the unfinished construction object on the land plot, is indicated in the technical plan on the basis of a declaration drawn up and certified by the copyright holder of the unfinished construction object (hereinafter referred to as the Declaration). In this case, the Declaration in accordance with Part 8 of Article 41 of the Law is an integral part of the technical plan and is included in the Appendix.
If other documents provided for by federal laws were used to prepare the technical plan, their copies are also included in the Appendix.
In the case of preparing a technical plan based on project documentation, the Appendix includes copies of those sheets of project documentation that contain the information included in the technical plan.
When preparing a technical plan, a cadastral extract of the land plot within the boundaries of which the corresponding unfinished construction project is located is also used, and if there is no information about such a land plot in the state real estate cadastre, a cadastral plan of the corresponding territory. Copies of documents containing information from the state real estate cadastre are not included in the Appendix.
13. If an application for state cadastral registration of an unfinished construction project is submitted to the cadastral registration authority in the form of an electronic document, the technical plan is drawn up in the form of an electronic document certified by the electronic signature of the cadastral engineer who prepared the technical plan.
If an application for state cadastral registration of an unfinished construction project is submitted to the cadastral registration authority in the form of a paper document, the technical plan is also drawn up in the form of a paper document and in electronic form on an electronic medium.
At the same time, the technical plan is in the form of an electronic document, certified by the electronic signature of a cadastral engineer, and in electronic form is drawn up in the form of files in XML format (hereinafter referred to as the XML document), created using XML schemas and ensuring reading and control of the submitted data.
XML schemas used to generate XML documents are considered to be put into effect from the moment they are posted on the official website of the cadastral registration authority on the Internet at the address: www.rosreestr.ru.
The technical plan on paper is drawn up in at least two copies, one of which is intended for submission to the cadastral registration authority along with the corresponding application, and the second and subsequent copies in accordance with the agreement on the performance of cadastral work - for transfer to the customer of cadastral work.
14. The technical plan on paper must be bound and sealed with the signature and seal of the cadastral engineer.
The signature and stamp of the cadastral engineer are affixed on the title page of the technical plan and on the back of the last sheet of the technical plan.
The title page indicates the date of preparation of the final version of the technical plan by the cadastral engineer (date of completion of cadastral work).
A note on the receipt of a technical plan drawn up on paper by the cadastral registration authority is made on the title page of the technical plan by a specialist of the cadastral registration authority when registering the application and documents necessary for cadastral registration.
15. The preparation of a technical plan on paper can be done using technical means, as well as manually or in a combined way. Entering text information manually (by hand) is done legibly using ink, ink or blue paste.
All corrections in technical terms must be certified by the signature (indicating the surname and initials) and the seal of the cadastral engineer. Typos, erasures, additions, crossed out words and other unspecified corrections are not allowed.
Drawing up a technical plan, including sections of the graphic part, in pencil is not allowed. All records, except for cases established by law, are made in Russian. Numbers are written in Arabic numerals.
The technical plan is drawn up on A4 sheets. Sections “Location diagram of an unfinished construction object on a land plot”, “Outline drawing of an unfinished construction object” can be drawn up on large format sheets.
16. The numbering of sheets of the technical plan is continuous within the document. Documents included in the Appendix are not numbered.
If the information does not fit on one sheet of any section, it is allowed to place it on several sheets or on the back of the corresponding sheet. In this case, the following information is reproduced on each sheet or on each page of the corresponding section: the words “Technical plan of an unfinished construction project” and the name of the corresponding section of the technical plan.
If sections of the technical plan are placed on sheets with a back, when filling out the “Sheet N___” attribute of the corresponding section of the technical plan, the page number is additionally given, separated by a comma.
The total number of sheets of the technical plan, including the number of sheets of the Appendix, is indicated on the title page.
17. Unfilled details of sections of the text part of the technical plan are not excluded; in such details the sign “-” (dash) is indicated.
III. Requirements for the design of the text part of the technical plan
18. The title page of the technical plan provides information about the customer of cadastral work:
in relation to an individual - last name, first name, patronymic (patronymic is indicated if available);
in relation to a legal entity, government body, local government body, foreign legal entity - full name. In relation to a foreign legal entity, the country of registration (incorporation) is additionally indicated.
The title page of the technical plan contains the signature of the customer (indicating the surname and initials) who accepted the cadastral work, indicating the date of acceptance.
Advertisement legal entity (state authority, local government).
The signature of a representative of a state authority, local government body, Russian or foreign legal entity, who has the right to act on their behalf without a power of attorney, is certified by the seal of the state authority, local government authority, Russian or foreign legal entity.
20. In the case of preparation of a technical plan by a body or organization for state technical accounting and (or) technical inventory (hereinafter - OTI) on the title page in the line provided for entering information about the last name, first name and patronymic (about the last - if available) of the cadastral engineer , the relevant information about the person authorized to act on behalf of the OTI is indicated. If a representative has the right to act on behalf of OTI without a power of attorney, his signature is certified by the seal of the relevant legal entity.
Instead of the number of the cadastral engineer's qualification certificate, in this case the main state registration number of the OTI is given, separated by commas, the details of the document confirming the accreditation of the OTI, and the date of its issue.
In the line provided for entering information about the postal address and email address through which communication with the cadastral engineer is carried out, the relevant information about the OTI is indicated.
In the line provided for entering information about a legal entity, the full name of the corresponding legal entity (OTI) is given, and in the case of preparation of the technical plan by its branch - the name of the corresponding branch.
21. The text (contents, details) of the title page of the technical plan should be placed on one sheet. If an additional sheet is required to place any details, a reference is made in the corresponding details of the title page that the information is provided on the additional sheet. Such a sheet is included in the technical plan after the title page.
23. Information about the documents on the basis of which the technical plan was prepared, as well as about the documents used in the preparation of the technical plan, is entered line by line in the table of details “1” of the “Initial Data” section. The first to be included in the table is information about the documents on the basis of which the technical plan was prepared.
If cartographic materials were used in the preparation of the technical plan, in column "3" of the table of details "1" of the section "Initial data" in relation to the corresponding cartographic work, the following are indicated: type (name), scale, shape, date of its creation, date of last update (in the presence of).
24. In detail “2” of the “Initial data” section, open, publicly available information about the state geodetic network or reference boundary network that was used when performing cadastral work is indicated.
25. In detail “4” of the “Initial data” section, the cadastral number of the property is indicated, as a result of the transformation of which, in accordance with the legislation of the Russian Federation, an unfinished construction project was formed.
26. The values of the coordinates of points of the reference boundary network, the state geodetic network or the coordinates of characteristic points of the contour of an unfinished construction object in technical terms are indicated in meters, rounded to 0.01 meters.
27. The technical plan includes the coordinates of the characteristic points of the contour of the unfinished construction site.
If the unfinished construction object is a building, the construction of which has not been completed, information about the coordinates of the characteristic points of the contour of such an unfinished construction object is indicated in the table of details “1” of the section “Description of the location of the unfinished construction object on the land plot”. In this case, information about the outline of such an unfinished construction object is indicated in the technical plan in accordance with the requirements for the design of the technical plan of the building approved in accordance with Part 10 of Article 41 of the Law by the regulatory body in the field of cadastral relations.
28. If an unfinished construction object is a structure, the construction of which has not been completed, information about the coordinates of the characteristic points of the contour of such an unfinished construction object is indicated in the table of details “2” of the section “Description of the location of the unfinished construction object on the land plot”. In this case, information about the contour of such an unfinished construction object is indicated in the technical plan in accordance with the requirements for the preparation of a technical plan of the structure approved in accordance with Part 10 of Article 41 of the Law by the regulatory body in the field of cadastral relations.
29. In cases where an unfinished construction object, which is a structure whose construction has not been completed, is located on pillars (piles), the outline of the unfinished construction object is formed by the projection of the external boundaries (walls) of such an object. In this case, the location of the pillars (piles) is not determined.
30. In the event that an unfinished construction object, which is an underground structure, the construction of which has not been completed, the contour of such an unfinished construction object on a land plot is defined as a set of contours of the structural elements of an underground structure located on the surface of the land plot.
If at the time of cadastral work there are no structural elements located on the surface of the land plot, the contour of such an object on the land plot is not determined. In this case, the projection of underground structural elements on the Drawing (Scheme) is displayed with special symbols (Appendix to the Requirements).
The projection of the above-ground structural elements of an unfinished construction facility, which is a structure whose construction has not been completed, is included in the outline and displayed on the Drawing (Scheme) with special symbols (Appendix to the Requirements).
31. If the contour of an unfinished construction object is a collection of individual isolated contours (hereinafter referred to as a separate contour), in column “1” of the tables of details “1” and “2” of the section “Information on measurements and calculations performed”, as well as in Column "1" of the table in the section "Description of the location of the unfinished construction object on the land plot" provides the number of the isolated contour of the unfinished construction object in accordance with its designation on the Drawing.
In other cases, the “-” (dash) sign is entered in the indicated columns.
If the contour of an unfinished construction object is a collection of isolated contours, the section “Conclusion of a cadastral engineer” provides information on the total number of isolated contours of an unfinished construction object.
Each isolated circuit is identified by a number in the form of a simple fraction, the numerator of which indicates the serial number of the corresponding isolated circuit, and the denominator indicates the total number of isolated circuits (for example, 1/5, 3/5). To number characteristic points of the contour of an unfinished construction object, continuous numbering is used using numbers written in Arabic numerals.
32. In column "2" of the tables of details "1" and "2" of the section "Information on measurements and calculations performed" the numbers of characteristic points of the contour are indicated.
33. Column “3” of the table of details “1” of the section “Information on measurements and calculations performed” indicates the method for determining the coordinates of characteristic points of the contour of an unfinished construction object, which was used when carrying out cadastral work:
1) geodetic method (triangulation, polygonometry, trilateration, straight, back or combined serifs and other geodetic methods);
2) method of satellite geodetic measurements (definitions);
3) photogrammetric method;
4) cartometric method;
5) analytical method.
34. If the coordinates of the characteristic points of the contour of an unfinished construction object were determined by several methods, the names of all applied methods for determining the coordinates of the characteristic points of the contour of an unfinished construction object are entered in the table of details "1" of the section "Information on the measurements and calculations performed" with the indication of the numbers of the corresponding characteristic contour points in column "2".
35. In column "3" of the table of details "2" of the section "Information on measurements and calculations performed" the formulas used to calculate the mean square error in determining the coordinates of the characteristic points of the contour are indicated, with the values substituted in them.
36. If the contour of an unfinished construction object is a closed line, the list of characteristic points of such a contour in column “2” of the table in the section “Description of the location of an unfinished construction object on a land plot” must end with the designation of the starting point.
If the contour of an unfinished construction object, which is a structure whose construction has not been completed, is a circle, the coordinates of the point that is the center of such a circle, as well as the radius of such a circle, rounded to 0.01 meters, are indicated in the corresponding columns of the table.
If the contour of an unfinished construction object is a collection of isolated contours, when filling out the table in the section “Description of the location of an unfinished construction object on a land plot,” information about the coordinates of the characteristic points of each isolated contour is separated by an empty line.
37. The section “Characteristics of an unfinished construction project” is filled out in accordance with the documents specified in paragraph 12 of these Requirements. In this case, in lines “4”, “5”, “6”, “7”, “8”, column “3” the projected values of the corresponding characteristics of the unfinished construction object are indicated.
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39. Information about the cadastral number of the land plot on which the unfinished construction object is located is indicated in the corresponding line of the section “Characteristics of the unfinished construction object”, if available. If an unfinished construction project is located on several land plots, in line “2” of column “3” of the table in the section “Characteristics of an unfinished construction project”, the cadastral numbers of all such land plots are indicated, separated by commas.
If there is no information in the state real estate cadastre about the land plot on which the unfinished construction object is located, in line “2” of column “3” of the table in the section “Characteristics of the unfinished construction object” the cadastral number of the cadastral quarter in which the unfinished construction object is located is indicated.
40. Information about the address of an unfinished construction object is entered into the section “Characteristics of an unfinished construction object” on the basis of an act of a state authority or local government authority authorized to assign addresses to real estate objects.
If the documents specified in paragraph 12 of these Requirements contain a description of the location (address) of an unfinished construction project, such description (address) is indicated in the line “Other location description.”
In the absence of the address of the unfinished construction object assigned in the prescribed manner, a description of the location of the unfinished construction object is entered in the corresponding lines of the section "Characteristics of the unfinished construction object" indicating the name of the subject of the Russian Federation, municipality, settlement, street (avenue, highway, lane, boulevard, etc. ).
In this case, the type of municipal formation (municipal district, urban district, settlement, etc.) and the type (type) of an urban (city, town) or rural (village, hamlet, etc.) settlement are additionally indicated.
41. If an unfinished construction object is located within the boundaries of a horticultural, gardening or dacha non-profit association of citizens, in the description of the location of the unfinished construction object in the line “Other description of location” the name of such non-profit association is additionally indicated. If the construction-in-progress object is located on forest lands, the specified line additionally indicates: the name of the forest district or forest park, the numbers of the forest blocks to which the forest area within the boundaries of which the construction-in-progress object is located belongs (if such numbers exist).
42. If the address assigned to an unfinished construction object does not coincide with the address of the land plot within the boundaries of which such an unfinished construction object is located, the relevant information is reflected in the section “Conclusion of a cadastral engineer”.
43. In line “4” of column “3” of the table “Characteristics of an unfinished construction object” information about the purpose of an unfinished construction object, which is a structure whose construction has not been completed, is indicated, contained in the documents on the basis of which the technical plan was prepared.
If the documents specified in paragraph 12 of these Requirements do not contain information about the purpose of such an unfinished construction object, its purpose in the technical plan is indicated taking into account the following groups (subgroups) of types of purposes of structures, which are used exclusively for the purpose of drawing up a technical plan in the specified case:
1) construction of fuel and energy, metallurgical, chemical or petrochemical production, including:
1.1. electric power facilities;
1.2. fuel industry facilities;
1.3. oil refining industry facilities;
1.4. oil field constructions;
1.5. mining industry facilities;
1.6. construction of a gas chemical complex;
1.7. coal and shale mining facilities;
1.8. ferrous metallurgy structures;
1.9. constructions of mining enterprises;
1.10. non-ferrous metallurgy structures;
1.11. structures for the extraction of non-ferrous metals;
1.12. structures for chemical and petrochemical production;
1.13. chemical and pharmaceutical production facilities;
1.14. organic synthesis facilities;
2) mechanical engineering production facilities, including:
2.1. aircraft construction facilities;
2.2. shipbuilding facilities;
2.3. shipbuilding industry facilities;
3) hydraulic structures;
4) forest industry facilities;
5) facilities for the flour-grinding and feed industry;
6) agricultural production facilities, including:
6.1. livestock buildings;
6.2. construction of irrigation and reclamation systems;
6.3. fish farming facilities;
7) transport and communication structures, including:
7.1. railway transport structures;
7.2. construction of metro lines;
7.3. water transport facilities;
7.4. road transport structures;
7.5. construction of urban electric transport;
7.6. air transport facilities;
7.7. pipeline transport structures;
7.8. communication structures;
8) construction industry facilities;
9) other industrial facilities
10) public utility structures, including:
10.1. water intake structures;
10.2. water treatment facilities;
10.3. sewerage structures;
11) structures for environmental protection and rational use of natural resources, including:
11.1. anti-erosion, hydraulic and anti-mudflow structures;
11.2. anti-landslide structures;
11.3. air protection facility;
12) sports and recreational facilities;
13) cultural and recreational facilities;
14) historical buildings;
15) science and education facilities;
16) defense structures;
17) civil defense structures (including structures for providing protection from emergency situations).
44. The purpose of an unfinished construction facility, which is a structure whose construction has not been completed, is indicated in accordance with the subgroup of types of purpose of structures (for example, “1.1. electric power construction”, “7.8. communication construction” and others).
If in paragraph 43 of these Requirements there is no subgroup of the type of purpose of a structure corresponding to the actual purpose of such a structure, the structure may be classified as a group of types of purpose of structures (for example, “2) construction of mechanical engineering production”, “4) construction of forestry industry” and others).
If in paragraph 43 of these Requirements there is no type of purpose of the structure corresponding to the actual purpose of the structure, “other structure” is indicated in line “4” of column “3” of the table “Characteristics of an unfinished construction object”. In this case, the actual purpose of the structure is indicated in brackets.
45. If the design documentation, on the basis of which information about a structure whose construction is not completed, is indicated in the technical plan, contains information about the individual name of the structure, such information is entered in the corresponding line of column “3” of the table “Characteristics of an unfinished construction object” ". If the specified documents do not contain information about the individual name of the structure, the sign “-” (dash) is placed in the corresponding line.
46. In the corresponding line of column "3" of the table "Characteristics of an unfinished construction object" information is entered on the number of floors of the unfinished construction object (including underground). If there are no underground floors, the sign “-” (dash) is entered in the corresponding line.
47. If the object of unfinished construction is a building, the construction of which has not been completed, in line “6” of column “3” of the table “Characteristics of the object of unfinished construction” information about the material of the external walls of such a building is indicated (for example, brick, concrete, other stone , wooden, wood-stone, metal, other).
48. In line “7” of column “3” of the table “Characteristics of an unfinished construction object” the total area of an unfinished construction object is indicated, if such an unfinished construction object is a building whose construction has not been completed.
49. If an unfinished construction object is a structure whose construction has not been completed, in line “8” of column “3” of the table “Characteristics of an unfinished construction object” the type and value of the main characteristic of such a structure are indicated, which are determined by the cadastral engineer taking into account the information contained in the documents specified in paragraph 12 of these Requirements:
1) for linear structures - length in meters with an accuracy of 1 meter;
2) for underground structures - depth (depth) in meters with an accuracy of 0.1 meters;
3) for area structures - area in square meters with an accuracy of 0.1 square meters;
4) for structures intended for storage (for example, oil storage facilities, gas storage facilities), - volume in cubic meters with an accuracy of 1 cubic meter;
5) for other structures - the building area in square meters with an accuracy of 0.1 square meters.
50. In line "9" of column "3" of the table "Characteristics of an unfinished construction object" information is indicated on the degree of readiness of the unfinished construction object, taking into account the information contained in the documents specified in paragraph 12 of these Requirements.
If the documents on the basis of which the technical plan was prepared contain no information about the degree of readiness of the unfinished construction object, the degree of readiness of the unfinished construction object is determined by the cadastral engineer according to one of the following rules:
1) in accordance with the construction estimate according to the formula:
Degree = 100 x Volume of work performed / Cost of construction,
Degree - degree of readiness of an unfinished construction project (%);
Volume of work performed - cost of work actually completed (RUB);
Construction cost - the cost of construction in accordance with the estimate for the construction of the facility (rub.).
51. The section “Information on the formed parts of an unfinished construction object” is filled in if the unfinished construction object is a building whose construction has not been completed. Requisite "1" of the section "Information about the formed parts of the unfinished construction object" is filled in if the established (established) restriction (encumbrance) of rights extends to a part of the unfinished construction object, the outline of which can be displayed on the Drawing (for example, part of the unfinished construction object, representing a separate block section of the building, etc.).
52. Information about each part of an unfinished construction object in the table of details “1” of the section “Information about the formed parts of an unfinished construction object” is separated by a line intended to include information about the designation of a part of an unfinished construction object.
When filling out a technical plan, the designation of the formed part of an unfinished construction project is indicated as a combination of lowercase letters of the Russian alphabet “chn” with a number written in Arabic numerals (for example, chn1).
53. In cases where an established (established) restriction (encumbrance) of rights extends to a part of an unfinished construction project within a floor (part of a floor), several floors of a building whose construction is not completed, in detail “2” of the section “Information on the formed parts of the object "unfinished construction" in the form of a coherent text provides a description of such part of the unfinished construction object (for example, conventional or other numbers of premises in a building whose construction is not completed).
The location of the formed part of the unfinished construction object is displayed on the floor plan (floors) of the building, the plan of part of the floor (floors) of the building, or, if the building does not have a number of storeys, on the plan of the building (part of the building). The corresponding plan with the boundary of the formed part of the building displayed on it is included in the graphic part of the technical plan after the Drawing. In this case, a link to the corresponding plan is given in detail “2” of the section “Information on the formed parts of the unfinished construction project”.
54. The content of the established (established) restriction (encumbrance) of rights is given in column “4” of the table of details “3” of the section “Information on the formed parts of the unfinished construction project” on the basis of acts of state authorities or local governments, contracts that have entered into legal force judicial acts. Copies of such documents are included in the Appendix.
55. The section “Conclusion of the cadastral engineer” is drawn up in the form of a coherent text and is included in the technical plan in the cases specified in these Requirements, as well as in other cases when, in the opinion of the cadastral engineer, additional justification for the results of cadastral work is necessary.
IV. Requirements for the design of the graphic part of the technical plan
56. The graphic part of the technical plan is drawn up on the basis of information from the cadastral extract about the corresponding land plot or cadastral plan of the territory, information about which is indicated in the “Initial data” section.
When preparing the graphic part of the technical plan, other documents (including cartographic materials) can be used to determine the location of the corresponding unfinished construction object within the boundaries of the land plot.
57. To design the graphic part of the technical plan, special symbols are used in accordance with the Appendix to the Requirements.
58. The diagram is intended to display the location of the unfinished construction object relative to the boundaries of the land plot, as well as, if provided for by the contract, the location of other real estate objects located within the boundaries of the land plot.
If there is no information in the state real estate cadastre about the land plot within the boundaries of which the unfinished construction project is located, the boundaries of the corresponding cadastral quarter are displayed on the Scheme.
The Diagram shows:
1) boundaries of the land plot, its parts (in accordance with information from the state real estate cadastre);
2) the outline of an unfinished construction project in respect of which cadastral work is being carried out;
3) the boundaries of the cadastral quarter (in accordance with information from the state real estate cadastre if there is no information about the location of the boundaries of the land plot);
4) necessary designations.
The Scheme may schematically display the location of streets, public roads, and other objects that make it possible to determine the location of an unfinished construction site.
59. The drawing is drawn up on a scale that ensures readability of the location of the characteristic points of the contour of the unfinished construction site. The drawing is drawn up in such a way that the entire contour of the unfinished construction object is displayed in its image field. If the unfinished construction project is located in a conventional cadastral quarter, the Drawing is drawn up on several sheets (according to the number of cadastral quarters).
It is allowed to show the location of individual contour elements of an unfinished construction project in the form of callouts or insets, drawn up on separate sheets as part of the Drawing.
The Drawing shows:
1) location of characteristic points of the contour of an unfinished construction object;
2) necessary designations.
* Collection of Legislation of the Russian Federation, 2007, No. 31, Art. 4017; 2008, N 30, art. 3597, 3616; 2009, N 1, art. 19; N 19, art. 2283; N 29, Art. 3582; N 52, Art. 6410.6419; 2011, N 1, art. 47; N 23, Art. 3269; N 27, art. 3880; N 30, art. 4563, 4594, 4605; N 49, art. 7024, 7061; N 50, art. 7365.
Technical plan of the construction-in-progress facility
- a document that reproduces certain information entered into the state real estate cadastre (GKN) and indicates information about an object of unfinished construction necessary for registering such an object, or new information about an object that has been assigned a cadastral number necessary for entering into the State Real Estate Cadastre.
In accordance with paragraph 1 of Article 130 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation) 1, objects of unfinished construction are classified as immovable things, but there is no unambiguous concept unfinished construction project
to date there is no provision in regulatory legal acts.
Based on the interpretation of clause 10, paragraph 1, article 1 of the Town Planning Code of the Russian Federation (GrK RF) 2, we can conclude that an object of unfinished construction is recognized as such capital construction objects as buildings, structures, structures, the construction of which is not completed, with the exception of temporary buildings, kiosks, sheds and other similar structures.
For cadastral registration of any unfinished construction project (as well as subsequent registration of rights) a technical plan is required.
Specialists of Don Cadastral Center LLC will provide you with high-quality and fast production of a technical plan for an unfinished construction project, as well as submission of documents for its cadastral registration (accounting for changes) with the subsequent receipt of a cadastral passport.
Form of technical plan for an unfinished construction project and requirements for its preparation
(which establish the rules for its registration) are fixed by order of the Ministry of Economic Development of Russia dated February 10, 2012 No. 52 3.
An example of a technical plan for an unfinished construction project
(and more) can be found in the corresponding section of our website.
The technical plan consists of text and graphic parts
, which are divided into sections that are required to be included in the technical plan, and sections, the inclusion of which in the technical plan depends on the types of cadastral work.
The text part of the technical plan includes the following sections:
1) general information about cadastral work;
2) initial data;
3) information about the measurements and calculations performed;
4) description of the location of the unfinished construction site on the land plot;
5) characteristics of the unfinished construction project;
6) information about the part (parts) of the unfinished construction project;
7) conclusion of a cadastral engineer.
The graphic part of the technical plan includes the following sections:
1) diagram of geodetic constructions;
2) layout of the unfinished construction object (part of the unfinished construction object) on the land plot;
3) drawing of the outline of an unfinished construction object (part of an unfinished construction object);
4) a floor plan or part of a floor of a building or structure, the construction of which is not completed, and in the absence of floors of a building or structure, the construction of which is not completed - a plan of the building or structure or a plan of the corresponding part of the building or structure, indicating on this plan the location of the corresponding part of the object unfinished construction.
The technical plan is drawn up in the form of a separate document in relation to each created object of unfinished construction. In case of simultaneous formation of several objects of unfinished construction as a result of transformation of an object of unfinished construction or in the case of formation of an object of unfinished construction and part (parts) of an object of unfinished construction, the technical plan is drawn up in the form of one document.
Information about the unfinished construction object, with the exception of information about the location of the unfinished construction object on the land plot, is indicated in the technical plan on the basis of the cadastral work submitted by the customer, the design documentation of the unfinished construction object or the technical passport of the unfinished construction object produced before January 1, 2013. Copies of these documents are included in the Appendix.
If, in cases provided for by legislation in the field of urban planning, the production or acceptance of these documents is not required, information about the unfinished construction project is indicated in the technical plan on the basis of the declaration.
The technical plan of an unfinished construction project is prepared in the form of an electronic document in the form of an XML document, certified by an enhanced qualified electronic signature of a cadastral engineer, and is issued in the form of files in XML format, created using XML schemas and providing reading and control of the submitted data.
At the request of the customer,
the contract may provide for the preparation of a technical plan on paper, then the technical plan is additionally prepared in the form of a paper document,
certified by the signature and seal of a cadastral engineer.
Specialists of Don Cadastral Center LLC will carry out the full range of necessary work in the Rostov region 4 and the Republic of Crimea.
ORDER
ON APPROVAL OF THE FORM OF THE TECHNICAL PLAN OF AN UNCOMPLETE CONSTRUCTION FACILITY AND REQUIREMENTS FOR ITS PREPARATION
In accordance with Part 10 of Article 41 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” (Collected Legislation of the Russian Federation, 2007, No. 31, Art. 4017; 2009, No. 52, Art. 6410) and clause 5.2.22 of the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation of June 5, 2008 No. 437 (Collected Legislation of the Russian Federation, 2008, No. 24, Art. 2867; No. 46, Art. 5337; 2009, No. 3, Art. 378; No. 18, Art. 2257; No. 19, Art. 2344; No. 25, Art. 3052; No. 26, Art. 3190; No. 38, Art. 4500; No. 41, Art. 4777; No. 46 , Art. 5488; 2010, No. 5, Art. 532; No. 9, Art. 960; No. 10, Art. 1085; No. 19, Art. 2324; No. 21, Art. 2602; No. 26, Art. 3350; No. 40, Art. 5068; No. 41, Art. 5240; No. 45, Art. 5860; No. 52, Art. 7104; 2011, No. 6, Art. 888; No. 9, Art. 1251; No. 12, Art. 1640; No. 14, Art. 1935; No. 15, Art. 2131; No. 17, Art. 2411, 2424; No. 32, Art. 4834; No. 36, Art. 5149, 5151; N 39, Art. 5485; No. 43, Art. 6079; No. 46, Art. 6527; 2012, No. 1, Art. 170, 177), I order:
Approve:
form of a technical plan for an unfinished construction project (Appendix No. 1);
requirements for the preparation of a technical plan for an unfinished construction project (Appendix No. 2).
Minister
E.S. NABIULLINA
Appendix No. 1
to the order of the Ministry of Economic Development of Russia
dated 10.02.2012 No. 52
FORM OF TECHNICAL PLAN FOR AN UNCOMPLETE CONSTRUCTION FACILITY
"____" ___________ ______G.⌈ ⌉ on registration of an unfinished object for state cadastral registration
⌊ ⌋ construction
⌈ ⌉ on state cadastral registration of changes to an unfinished object
⌊ ⌋ construction with cadastral number _____________________________________
in connection with the formation of part of the unfinished construction project
(last name, first name, patronymic (if there is a patronymic) of an individual, full name of a legal entity, government body, local government body, foreign legal entity, indicating the country of its registration (incorporation))
__________________________________________________________________________
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| Sheet No. ____ | |||
| TECHNICAL PLAN OF AN UNCOMPLETE CONSTRUCTION FACILITY | ||||
| Initial data | ||||
| 1. List of documents used in preparing the technical plan for an unfinished construction project | ||||
| No. | Title of the document | Document details | ||
| 1 | 2 | 3 | ||
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| 2. Information about the geodetic basis used in the preparation of the technical plan of the unfinished construction site Coordinate system _______________________ |
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| No. | Name of point and type of geodetic network sign | Geodetic network class | Coordinates, m | |
| X | Y | |||
| 1 | 2 | 3 | 4 | 5 |
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| 3. Information about measuring instruments | ||||
| No. | Name of the device (tool, equipment) | Details of the device (tool, equipment) certificate | Details of the certificate of verification of the device (tool, equipment) | |
| 1 | 2 | 3 | 4 | |
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| 4. Information about the real estate object (objects) from which the unfinished construction object (s) was formed | ||||
| 1 | 2 | |||
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Why do you need a technical plan for an unfinished construction project?
In accordance with the Federal Law of July 24, 2007 N 221-FZ "On the State Real Estate Cadastre", the technical plan of a building is a document that reproduces certain information included in the state real estate cadastre (GKN), and indicates the information about the building required for registration of such a building, information about a part or parts of the building or new information about the building to which a cadastral number has been assigned, necessary for entering into the State Property Committee.
The technical plan of the building is necessary for:
In other words, this is a document without which it is impossible to carry out cadastral registration of a real estate object and subsequently register ownership rights to it (real estate object).
Important:
A technical plan and a technical passport are two completely different documents.
The technical plan is required to be submitted to the cadastral registration body - the Federal State Budgetary Institution "Federal Cadastral Chamber of Rosreestr" in order to register a real estate property for cadastral registration or make changes to the information of the state real estate cadastre.
A technical passport is a document containing all the main technical and quality indicators of a capital construction project (address, situational plan, floor plan, information on previously agreed redevelopments, other indicators). In addition, information about a building, premises, structure, or unfinished construction project may be indicated in the technical plan on the basis of the technical passport of such an object, if it was manufactured before January 1, 2013. From March 1, 2013, on the basis of Decree of the Government of the Russian Federation dated March 1, 2013 No. 175, a technical plan is required to put the facility into operation.
The concept of an unfinished construction project.
In accordance with Article 1 of the Town Planning Code of the Russian Federation:
10) capital construction facility - a building, structure, structure, objects whose construction has not been completed (hereinafter referred to as unfinished construction objects), with the exception of temporary buildings, kiosks, sheds and other similar structures;
There is no more precise definition of this object in the legislation. It can be assumed that an object of unfinished construction is an immovable thing in the form of an unfinished object (the object has not been created, not built, its construction has not been completed), firmly connected to the ground, the movement of which without commensurate damage to its purpose is impossible. Such a facility cannot be used for residential purposes, industrial production, or offices or retail space, and it has a number of features, in particular, it is not the subject of a valid construction contract. The legislation does not establish at what stage of construction, at what volume of erected structures, an unfinished construction object arises, the ownership of which can be registered in the Unified State Register. But from the explanations of the Supreme Arbitration Court it follows that if the foundation work at the site is not fully completed, then in this case the refusal to register property rights is legal.
What are the main types of technical plans?
Depending on the type of property, the cadastral engineer prepares the following types of technical plans:
What is included in the service for preparing a technical plan for an unfinished construction project?
- Collection, study and analysis of source documentation;
- Ordering information from the State Real Estate Cadastre;
- Carrying out a set of geodetic works to determine the coordinates of characteristic points (corners) of an unfinished construction site
- Processing of data obtained as a result of measuring an unfinished construction project;
- preparation of a technical plan for an unfinished construction project;
- Transfer of an electronic version of the technical plan of the building in XML format to the customer of the work for further implementation of cadastral registration of the building with the controlling government agency.
Documents required for concluding an agreement for the preparation of a technical plan for an unfinished construction project?
To conclude an agreement for the preparation of a technical plan for an unfinished construction project, you will be required to:
It is also necessary to have design documentation and a construction permit, or a technical passport for the building issued by the BTI before January 1, 2013. In the absence of the listed documents, you need to fill out a declaration on the property ( download form/ see sample). If you have any difficulties with its preparation, our specialists will be happy to help you. When concluding an agreement for the preparation of a boundary plan, our cadastral engineers will advise you free of charge both on the specifics of preparing a boundary plan and on your further actions.
Important:
our company does not work with the results of geodetic surveys of land plots carried out in other organizations, since in this case our cadastral engineer takes on the legal risks that may arise in the event of erroneous measurements by a third-party surveyor.
How long will it take to prepare a technical plan for an unfinished construction project?
The deadline for preparing a technical plan for an unfinished construction project is 15 working days. In case of urgent production of a technical plan, the price is negotiated separately.
What is the cost of the service for preparing a technical plan for an unfinished construction project?
The cost of the service for preparing a technical plan for an unfinished construction project for individuals is 19,000 rubles and does not depend on the area and configuration of the object.
For legal entities, the cost of the service for preparing a technical plan for an unfinished construction project is calculated individually for each object. The price depends on the area and configuration of the building.
Our specialists will draw up a preliminary estimate, which you can discuss in detail, and then make a mutually beneficial decision. We support a flexible pricing policy; each specific work item is considered individually. The minimum cost of the service is 20,000 rubles.
The cost of our services does not include overhead charges charged state authorities for providing various certificates, as well as paying state fees.
What is the result of providing the service for preparing a technical plan for an unfinished construction project?
A technical plan in XML format prepared using current XML schemas, certified by an enhanced qualified electronic signature of the cadastral engineer who prepared the technical plan, recorded on a storage medium (CD disk). A paper version of the technical plan is not provided for the cadastral chamber and the customer, but at the request of the customer, we will provide it in paper version (A4 format)
Important:
the preparation of the technical plan of the building is carried out only by a cadastral engineer with a valid qualification certificate.
LLC "NPC "Zemlya"
Thanks to the competent and prompt actions of the executive and management staff of Moszemcom, these projects were completed at a high level of quality. We note the high competence of the company and the speed of execution of assigned tasks.
LLC "Market"
The LLC Market company expresses gratitude to the Moszemcom company for the high level of professionalism in carrying out work on cadastral registration, state registration of rights, as well as obtaining a construction permit. Over the months that we have been cooperating with you, we have highly appreciated the level of services you provide, as well as compliance with deadlines. The results of your work allowed us to save time on the implementation of our projects. We would also like to express our personal gratitude to the General Director of Moszemcom.
Private limited liability company "BMT Estate Limited".
The BMT Estate Limited company expresses gratitude to the Moszemcom company for its repeated assistance in the implementation of development projects in the Moscow region. We would like to note your efficiency and competence in resolving issues: - cadastral registration; -state registration of property rights; - obtaining a construction permit, as well as putting objects into operation; - Engineering surveys. Also, the Moszemcom company provided consulting support for interaction with the bodies of Rosreestr and the Government of the Moscow Region, with the aim of registering development projects. Thanks to your efficiency, we have significantly reduced financial and time costs. We would like to note the high qualifications and efficiency of your organization’s employees.
Kuznetsov Roman Valerievich.
Professional solution of existing problems with a focus on obtaining the desired positive result. I liked the fact that they managed to solve a difficult problem. Everything is quite professional.
Potemkina Irina Anatolyevna.
The opinion about the company was positive. I liked: - careful study of the presented documents; - Detailed explanation of the situation on the controversial issue; - Proposing an option to achieve the intended result (for registering the land with cadastral registration). I would like to wish: - Good luck in everything; - 100% positive results in work; - 100% achievement of the intended goals and objectives, and most importantly, good health to all MOSZEMKOM employees.
Medvedeva Natalya Leonidovna.
I was very pleased with the service provided throughout the entire time I was aware of everything that was happening regarding my issue. I felt attention and care for my far from simple situation. Thank you very much. I liked the attitude of the employees to their work, their responsibility and cordiality. There were no comments. I wish you only prosperity in the future, more clients and all the best.
Granovich Elizaveta Yakovna.
I liked that all my questions were answered in accessible language. It is clear that the specialists are competent and well versed in their field, which earned my trust. I liked the fact that they quickly resolved my issues and corrected the mistakes of the previous company. The only downside I can mention is that I had to wait in line.
Kotova Tatyana Vladimirovna.
Company employee Ekaterina conducted an extensive consultation and a full legal inspection of the apartment. After checking, I decided to buy an apartment. The company took upon itself the obligation to support the transaction and design the apartment. I liked the competence and professionalism of the company's employees. But unfortunately, I did not meet with the head of the company, due to his busy schedule. I wish the company growth and prosperity.
Ostafiev Nikolai Romanovich.
I liked the fact that the company with great self-confidence took on the solution to the problem with my land, since I could not sell the land for more than a year due to problems with borders. I liked the Speed!!! Thank you very much!!! I wish all the best.
Fedorova Violetta Sergeevna.
I would like to express my gratitude to your company for its efficiency, professionalism and individual approach. Very friendly atmosphere in the office; specialists work very quickly and efficiently. I liked the quality of service, the kindness and responsiveness of the employees. I wish you to grow and develop :)
Akhmanova Kristina Mikhailovna.
I was very pleased with the work done, they collected all the documents on time, and paid attention to some points that I didn’t even suspect. There was a business-like approach to resolving my issue. I liked the individual approach to clients, the level of professionalism, and the accessibility of explanations to clients. I would like to thank my employee Ekaterina. Throughout the entire time, the consultation was very friendly and responsive.
Yanbekov Aidar Ildarovich.
During the process, I gained complete confidence in your company. It's a pleasure to do business with you! Despite the complexity of the task, you took into account all my wishes. All issues were resolved promptly, one might say at the first call! At the present time, this, in my opinion, is the most important thing. Thank you very much “Moszemcom”! I also liked the efficiency, responsiveness, and attitude towards the client. More positivity and sparkle in the eyes..
Miroshnikov Oleg Vladimirovich.
Reliable company with employees who know their business. I liked the speed of the work.
Tsarevskaya Olga Olegovna.
They impressed us as knowledgeable and capable specialists. I'm glad I contacted your company. Thank you for efficiency. I liked the efficiency of the work, as well as the literacy of the workers. Good luck to your company. Large number of clients.
Rakushkina Inna Sergeevna.
I had an extremely positive opinion. It's a pleasure to work with your company. I will recommend you to friends and acquaintances. I liked the professional approach to business.
Ganieva T.V.
During my work, the employees of the Moszemcom organization provided me with highly professional services. With great attention and patience, they explained to me all the actions and issues in the legislation that I did not understand, for which I am very grateful.
CJSC "MTE Finance"
We express our gratitude to the REC-Group company for its repeated prompt consulting assistance in the implementation of large projects in the field of siting production facilities. Thanks to the operational consulting of REC-Group, the costs and time costs associated with assessing the possibility of placing industrial equipment on production sites of enterprises and the necessary geological surveys of soils when assessing the possibility of producing foundations for industrial equipment have been significantly reduced. Also, REC-Group provided consulting support for interaction with Rostechnadzor authorities in order to obtain permits. We note the competence of the company’s employees, the promptness of provision, the completeness and reliability of information.
JSC "SU 87"
During the period of cooperation with the REC-Group company, the company has established itself as a professional and reliable partner. A distinctive feature of the work of REC-Group is the efficiency and high organization of the company’s personnel, the willingness to quickly respond to circumstances and make the right decisions. Based on the above, ZAO Specialized Management 87 would like to note the high potential of the REC-Group company, its focus on further successful development and prosperity.