The implementation of many construction projects, as well as the implementation of legal relations in the field of real estate transactions involves the use of special documents - plans of buildings and structures. These sources can be both official (and compiled in accordance with the rule of law), and not related to legislation, but nevertheless in demand. Among the most common sources, which are drawn up taking into account the provisions of regulatory normative acts, are building plans that reflect the information that is recorded in the state cadastre. What is their specificity? In what structure are these documents presented?
Building Planning: Regulatory
The manner in which the building plan should be drawn up, if understood as the legal category, is regulated by Order of the Ministry of Economic Development of the Russian Federation No. 403, issued on September 1, 2010. It defines the form of the relevant document, and also establishes the requirements for its preparation. In addition, the most important normative act in the field of development of plans is Federal Law No. 221- adopted on July 24, 2007. It, in particular, defines what a floor plan is and what information it contains. Consider these norms, as well as those that supplement them by Order No. 403, in more detail.
What is the essence of the building plan?
So, the building plan, in accordance with the rules of the Federal Law No. 221, is a document that reflects the basic information that is present in the state cadastre, as well as information about the building, necessary for registering it. The plan may also reflect in detail information about one or another of its parts and others that are necessary for making entries about the construction object in the cadastre.
It is worth noting that there are quite a few similar documents, for example, the architectural plan of the building. However, their purpose may be completely different. So, the architectural plan may not be directly related to cadastral records, drawn up at the project level, and finalized.
In turn, the plan, the drafting of which is regulated by Order No. 403, involves the reflection of information about finished objects put on cadastral registration. Most often, under the plan of the building, if you follow the official rules of law, it means the technical plan. Although, of course, the phrase under consideration can unofficially correspond to the widest range of documents.
The source in question, the “official” floor plan, can be drawn up for different types of objects. It can be both separate structures, and, in particular, office complexes, apartment buildings. It can be both standard buildings, and those constructed as part of unique construction projects.
Building plan structure
The document under consideration consists of 2 main blocks:
Each of them is presented in several sections, the list of which can be determined both strictly by law and be formed on the basis of a specific type of cadastral work.
The purpose of the text block is to reflect the most detailed information about the object. It can record various conventions that optimize the presentation of this or that information in the document. The text block of the building plan contains sections that reflect:
- information on ongoing cadastral works ;
- initial data, information about the measurements, calculations;
- information about the location of the building within the land;
- main characteristics of the facility;
- information about certain parts of the building;
- the main characteristics of the premises - if we are talking, for example, about an apartment building;
- The conclusion of the inventory engineer.
No less important is the graphic block. The main thing is to visually reflect in it the features of the architecture of the building, to show the supporting structures and the building elements that complement them. The graphic block of the plan also contains a certain list of sections. Among those:
- a diagram reflecting the structure of geodetic constructions;
- layout of the facility within the land;
- outline drawing of an object;
- floor plan of the facility or building as a whole, indicating, if necessary, certain premises.
The document in question must necessarily include sections:
- reflecting general information about ongoing inventory work;
- containing the source data;
- including information about the measurements, calculations;
- including drawing of a building.
Other sections are included in the document depending on the specifics of a particular construction project, as well as the types of cadastral work being carried out.
Making a building plan
Let us now consider how the document in question can be drawn up. The requirements for the preparation of the technical plan of the building, defined by law, suggest that the corresponding document will be drawn up for each individual structure. If one or another object was formed as a result of the reconstruction of several, then the plan is drawn up in a single copy. But at the same time, the document should reflect, in the established manner, information about all the buildings formed in the framework of the project.
Plan Preparation: General Requirements
We now consider directly the requirements for the preparation of the technical plan of the building in the context of their general provisions. The document in question is compiled on the basis of cadastral information about the building, as well as the land on which it is located. For this, the following sources are used:
- statement;
- cadastral passport.
If the building is located on several sites, then extracts from each of them are used. Information about the building (not including information about its location on the land plot) is reflected in the technical plan, based on the content of the documentation submitted by the customer on the documentation, the permission of the facility to enter, or the building’s data sheet. Copies of the relevant documents may be included in the annex to the construction plan. In some cases prescribed by law, the manufacture of these sources is not required. If this is so, then information about the object is included in the plan of the residential building on the basis of a declaration that has been prepared in accordance with individual requirements set forth in the legislation. The relevant document should be part of the annex to the plan.
If other sources, the use of which is provided for by federal legislation, were involved in the preparation of the document under consideration, then their copies should also be included in the structure of the application.
Building plan format
The document in question should be compiled electronically in XML format. Moreover, it must be certified by the digital signature of the cadastral engineer. This file must comply with the established requirements for the appropriate format so that the information reflected in it can be read and monitored.
The digital scheme of the building should be formed on the basis of XML templates, which are approved by the Federal Cadastre Service and uploaded by the department to the site. If the legislation governing the use of the relevant files changes, the Federal Cadastre Service makes adjustments to these XML templates.
The electronic signature of the engineer must have a certificate and meet the criteria established in the legislation of the Russian Federation and regulating electronic document management.
In turn, applications that complement the floor plan can be printed on paper. In order to supplement them with the document in question, they must be scanned in PDF format and also signed with the help of the EPC cadastre engineer. The floor plan of the building or any part of it should be scanned in JPEG format.
The structure of the application may also include other electronic documents, if this is provided for by the legislation of the Russian Federation. In some cases (for example, due to the availability of the relevant conditions in the contract), floor plans are prepared in paper form. These sources are certified by the signature and seal of the cadastral engineer. But at the same time, a digital building plan should also be drawn up - in this case, it is supplemented by a paper one.
Making the text block of the building plan
Let us examine now what legislation of the Russian Federation establishes the requirements for the design of the text block of the document in question.
In the considered part of the building plan, first of all, the types of completed cadastral works are recorded. For this, a coherent text is used, in which information such as:
- address of the building, its parts;
- the method of formation of objects;
- building characteristics;
- cadastral numbers of objects;
- the number of residential as well as non-residential premises in the structure of the building.
The next type of data recorded in the text part of the plan is information about the customer of the inventory work. This may include:
- Name, passport data, address of the customer - if he is an individual;
- name, PSRN, TIN, address - if the partner has the status of a legal entity.
In the considered block of the building plan should also be reflected:
- Date of preparation of the final version of the document by the engineer;
- information about the person compiling the document, indicating his name, certificate number confirming qualification, phone number, address or coordinates of his employer, if the engineer performs his labor functions in the status of an employee.
The next type of data reflected in the text block of the building plan is the details of the documents that are used in compiling the source in question. For example, such as project documentation, permits , data sheet, information from the inventory. If cartographic materials were involved, then in the text block are fixed:
- name of the card;
- the scope of building plans reflected in the cartographic work;
- Date the map was created and updated.
Another important group of information in the text block of the document is those that reflect the characteristics of the geodetic or boundary network that were involved in the implementation of the cadastre. In this case, you need to fix:
- coordinate system;
- the name of the point, as well as the classification of the mark characterizing the geodetic network;
- class characterizing the corresponding network;
- coordinates by points;
- data reflecting the state of the mark of the item, its center, as well as the brand.
In the text block of the document, it is necessary to record information about the measuring instruments that were involved in the work. In particular, these may be:
- name of this or that device or instrument;
- state number of a measuring instrument;
- information about the calibration of the device or instrument.
It will be useful to consider a number of particular nuances that characterize the text block of such a document as a building scheme. So, it is worth paying attention to the features of reflection in it of information about the contour of the object. What is the specificity of this procedure?
The outline of the building in plan: nuances
The contour of the building is a closed line, which is formed as a result of drawing the external borders, the shape of the buildings on a certain horizontal plane. The contour corresponds to a closed line that runs at the level at which the structure adjoins the surface of the earth. This should not include:
- arches or driveways;
- various protruding elements having a thickness of not more than 0.5 m and a width not exceeding 1 m.
If the building is placed on stilts, then its outline is formed due to the projection of its external borders. The way in which this or that bearing support is located in the form of a pile does not matter in this case.
The document should reflect the method by which the coordinates of the contour of the building or part of it are determined. He can be:
- geodesic;
- based on satellite measurements;
- photogrammetric;
- cartometric;
- analytical.
Certain nuances characterize the preparation of the building plan, initiated due to a change in the data in the cadastre of the corresponding construction object.
Preparation of a plan for changes in the inventory
If the document under consideration is ordered due to the adjustment of the information reflected in the cadastral registers, then in its text block new values should be fixed for the characteristics of the object that are entered into the cadastre.
At the same time, the document indicates information on the cadastral number of the object. The procedures under consideration can also be carried out if it is necessary to correct the error found in the cadastral record. In some cases, the number previously assigned to the object in the state registers is also recorded.
Characteristics of the premises in the building plan
The text block of the document in question may include the characteristics of the premises present in the structure of the building - for example, if it is an apartment building. This may reflect:
- cadastral numbers of objects;
- numbers of floors on which the premises are located;
- addresses of objects;
- the purpose of a room, its appearance;
- area of the object.
In some cases, it is possible to indicate only the cadastral number of the room - in particular, if the correct entry of information about the apartment to the state registers has been carried out.
Conclusion of the cadastral engineer in the building plan
An important component of the text block of the document in question is the conclusion of the cadastral engineer. This may reflect different types of information. For example, those that reflect the errors that were made when making entries about the building in the cadastre, incorrect calculations according to the location of the object, its area (if the development plan was not investigated properly by competent specialists). In this case, the conclusion of the engineer may reflect the need for additional work aimed at eliminating the identified errors.
Building block graphic block
The next key block that forms the structure of the plan in question is the graphic one. It is needed in order to visually reflect the key elements of the building - supporting structures, spans, objects adjacent to the structure.
The graphic part of the plan is compiled on the basis of the data contained in the cadastral statement of the land on which the building is located. In addition, during its design, various cartographic materials can be used that allow you to determine the location of the object. The graphic block of the plan under consideration may include various conventions, the list of which is determined in accordance with individual Annexes to Order No. 403.
It will also be useful to consider how a number of other important components are included in the plan of the object, namely, the diagram of geodetic constructions and the drawing.
Scheme of geodetic constructions
This component of the building plan is drawn up on the basis of measurement materials that reflect information relating to the geodetic substantiation of the cadastre.
The scheme in question is necessary in order to display the location of the building relative to:
- the site on which the relevant facility is located, as well as other facilities;
- cadastral quarter.
This scheme includes the boundaries of the plot or its individual parts, the contour of the object in respect of which cadastral work is carried out, as well as various designations. In addition, it may include the contours of other real estate objects located on the same site on which the main building is built, reflect data on the location of city streets, roads and other objects, which it makes sense to include in the corresponding document.
Building drawing
The drawing as part of the document under consideration should be presented on a scale that allows you to actually consider the building plan with dimensions, that is, sufficient to ensure readability of the location of the main points of the contour of the object. You can fix the location of certain elements of the contour of the structure by means of different callouts or insets, which are reflected on separate sheets included in the structure of the drawing.
In cases provided for by law, the document in question may be supplemented by other sources. For example, it may be floor plans - in full or in any part of it. In this case, the relevant sources can be prepared, firstly, taking into account the requirements we have examined - those that are approved by Order No. 403, and secondly - on the basis of regulations adopted by the competent authorities in the process of regulating communications in the field of cadastral relations.