Cadastral registration of premises without unique characteristics

Background

It was necessary for the client to form a part of the premise for the state cadastral registration with the purpose of a subsequent lease.
The owner of the building could not ensure the State cadastral registration of the part of the premise for 1.5 years because of receiving the decision of suspension time after time. Failing to get the result, he applied to the CG

The case

The CG experts found that the registrar of ROSREESTR authority incorrectly interprets the law on the concept of isolation and separateness and repeatedly makes a decision on the suspension of the State cadastral registration of the part of the premise with the simultaneous registration of the lease.  The CG experts formulated the legal position, supporting it with the position of the SRO (the Self-Regulating Organization) of cadastral engineers, and sent it to ROSREESTR authority for the State cadastral registration of the part of the premise in the building. The Office, having received the objective substantiation of our position, registered the premise in the cadastre and ensured the lease agreement within two weeks.   

Why is it of importance? 

For one and a half years, the owner had no opportunity to enter a lease agreement with a potential tenant, since there was no unique characteristic of a part of the premise, which is mandatory described in the lease agreement. As a consequence, the client suffered from financial losses. CG team helped the owner to get the expected result, based on the correct interpretation of the sectoral legislation.