How and why is land surveying carried out?

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Land surveying refers to the definition and establishment of land boundaries, as well as their legal consolidation on the basis of certain documents. The procedure is clearly regulated by the legislative acts of the Russian Federation. The process of determining the boundaries of a land plot takes place in several stages. Each stage takes a certain time, and for some, an exact deadline is set at the legislative level. So, let's take a closer look at how much land surveying is being done in 2022.

What deadline is specified in the law?

At the legislative level, there are no deadlines for carrying out boundary work. The time spent on the procedure depends on the conditions specified in the contract, which is concluded between the customer and the cadastral engineer.

The deadlines for registration in Rosreestr and the cadastral registration process are regulated by Article 16 of Federal Law No. 218 and are:

• cadastral registration of real estate – 5 days;
• state registration – 10 days;
• up to 12 working days when contacting the Multifunctional Center.

The time count begins from the moment the package of documents is submitted to the authorized body or MFC.

Deadlines for preparing a land surveying project

Unlike drawing up a boundary plan, preparing a territory surveying project requires a significant amount of time. If a boundary plan is prepared for one unit - a land plot, then the survey project covers an entire block with several sections, linear objects, etc. When preparing a project, it takes not only time to carry out geodetic measurements, but also contacting local authorities and preparing an additional package of documents. As a rule, the preparation period for a land surveying project takes from 3 to 6 months . For more information about the preparation of planning and territory surveying projects, read the articles: “Why do we need a territory surveying project” and “What is the difference between a planning project and a territory surveying project?”

How much time do you need to notify neighbors?

It is necessary to agree on carrying out land surveying with interested parties (neighbors) within the prescribed period, in accordance with Article 39 of Federal Law No. 221, as well as the Methodological recommendations of Roszemkadastr.

All owners of land plots bordering the land surveying site must be informed at least 15 days before the work is carried out.

If it is not possible to personally deliver the notification, then you must send a registered letter to your neighbors. This point is explained in Article 39 of Federal Law No. 221.

It is worth noting that the notification in the letter must be sent at least 30 days before the work to coordinate the boundaries is carried out.

Fixing the boundaries of the land plot you own in a boundary plan is not just a desirable, but rather a necessary step. This will not only simplify a number of procedures, but will also become an argument in your favor in various situations, for example, during litigation with the owners of neighboring plots.

What is a land survey plan and why is it needed?

A boundary plan is a written and graphic description of a land plot, containing information about its area, location, shape, address, the presence of adjacent plots, as well as buildings that can distort the boundaries of the plot. In the graphic part of the image of the site, nodal points of its boundaries are marked (where the boundaries change their shape or direction).

The boundary plan is drawn up by a cadastral engineer and submitted to the Multifunctional Center with an application by the owner of the land plot to carry out actions for state cadastral registration. This is done to legally secure the boundaries of the site.

A boundary plan is required in the following situations:

• registration of rights to a land plot;

• cadastral registration of buildings erected on the site;

• division of the site;

• consolidation of land plots;

• redistribution of land plots;

• legitimizing existing surpluses or deficiencies in space;

• clarification of the boundaries of the site;

• legal proceedings regarding the site or real estate built on it.

Requirements for the form and content of the boundary plan:

According to Article 22 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law No. 218-FZ), the boundary plan must necessarily include the following information:

• Which land plot or part of it is the subject of the application, what geodetic basis was used in preparing the boundary plan.

• In cases where it is necessary to coordinate the location of the boundaries of a land plot with the owners of adjacent plots, information about the approval process.

• Coordinates of characteristic points of the site boundaries.

The boundary plan must be drawn up in the form of an electronic document and signed with an enhanced qualified electronic signature (EDS) of the compiler - a cadastral engineer. It is also created on paper and certified with the signature and seal of the originator. In accordance with Law No. 218-FZ, the details of drawing up the boundary plan are determined by order of the Ministry of Economic Development of Russia dated December 8, 2015 No. 921 “On approval of the form and composition of information on the boundary plan, requirements for its preparation” (as amended by the order of the Ministry of Economic Development of Russia dated November 23, 2021 No. 742).

• The text part of the boundary plan is a table in which general information about the cadastral work carried out, initial data on the plots, the results of measurements and calculations performed, data on the formed and/or changed land plots and/or parts thereof, the conclusion of the cadastral engineer, acts coordination of land boundaries.

• The graphic part of the boundary plan includes diagrams of geodetic constructions and the location of land plots, drawings of land plots and their parts, outlines of characteristic border points.

The weak link in drawing up a boundary plan is often the coordination of land boundaries with neighbors. For the boundary plan to be valid, the following algorithm must be followed:

1. Warn neighbors about the land surveying procedure a month in advance. The warning is given in writing and against signature.

2. If the neighbors appeared on the specified date and signed the agreement, the issue is considered resolved. If this does not happen, you must send them a land survey notice. This must be done by registered mail with acknowledgment of receipt. If the neighbors received a notice of land surveying and did not appear to agree on the boundaries on the specified date, then the boundary is considered agreed upon. If the postal notification arrived with a mark indicating that it was impossible to deliver, then it is necessary to re-submit the notification about the approval of boundaries, but through the newspaper of the municipal district.

The boundary plan is an indefinite document, valid until the boundaries of the plots are changed. Therefore, when drawing it up, the most important thing is the correct definition of boundaries and their coordination.

If the owner of the adjacent plot is absent, and there is no address for contacting him in the Unified State Register of Real Estate, approval is made through publication in the media (newspaper) of a notification about land surveying. In the case where the contact address is in the Unified State Register of Real Estate, a postal letter is sent to it notifying about the approval of the location of the borders. If the notice is returned with a note that it was impossible to serve, then the notice is re-published in the media. This form of approval is dictated by Part 8 of Article 39 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities”.

Deadline for registering information in the Unified State Register of Real Estate

Registration of data in the Unified State Register is carried out within the period established by law. This point is taken into account in Article 16 of Federal Law No. 218. The administrative document states that cadastral registration of any plots is carried out within five days. The time limit begins from the moment the necessary documents are submitted to the authority.

If the applicant wishes to immediately register ownership of the land plot, then 10 working days are allotted for the operation.

Attention: if the documents are submitted by the applicant to the MFC, then it is necessary to add a couple more working days to the specified deadlines.

Multifunctional center - Yurga

Organization data

Address on the map

How to register a plot for a family with many children, where to go - help from a lawyer, what to do in Yurga in 2021

How long will it take to survey a land plot in 2022?

At the legislative level, the timing of land surveying is not established.

If we take into account practice, the entire process, from submitting documents to registering property rights, takes approximately one month to six months.

The duration of work is influenced by many circumstances.

Multifunctional center - Yurga

Organization data

What affects operating time

So, let's consider in detail the factors influencing the time of establishing the boundary on the site. These include:

1. Open access to the site (if access to the land is limited, the process may take a long time).
2. Availability of the necessary information (cadastral data about the object in the USRN authorities).
3. Opinion of the owner of adjacent plots (presence of controversial issues).
4. Involvement of special equipment to perform the work (it is necessary to find out whether special technical means are required in order to allocate an area).

Why is geodesy carried out?

Geodetic work when surveying a land plot (LP) is needed primarily to obtain accurate information about its linear dimensions, shape, area and position. This data is then used to draw up a plan of the land, which, among other things, indicates the location of its boundaries.

Also, information obtained as a result of land surveying must be included in other documents drawn up during land surveying. This is necessary for the formation of land management business.

If these characteristics are not determined, the land cannot be registered in the cadastral register .

How long does the boundary plan last?

It is important to note that not a single legislative act today contains information about limiting the validity period of the boundary plan.

However, it should be understood that the cadastral registration procedure is carried out on the basis of a boundary plan, which must comply with the requirements of legislative acts, changes to which are made quite often.

Features of office work

Office work is carried out by a cadastral engineer at the final stage of land surveying, when all measuring and other operations on the ground have already been completed .

At this stage, the final processing of the received data is carried out, the land management file is formed and the final documentation is completed.

All actions performed at the previous stage on the ground are classified as field work, and further processing of data and the preparation of documents based on their results are classified as desk work.

Also at this stage, the act of boundary approval must be presented to the municipal administration for signing .

After completing all the necessary work, the citizen who ordered the land survey receives the final document - the survey plan. Its registration means that the boundary work is completely completed, and the boundaries of land ownership are defined and agreed upon.

Next steps

1. Before carrying out the operation of establishing boundaries, an agreement is signed between the customer and the company that carries out the measurements. It stipulates the essential conditions: the site is described, the types of work and measurement methods are indicated, the timing of their implementation, the cost of the services provided.
2. The land surveying procedure is carried out by cadastral specialists using special devices and equipment. During the event, all owners who own neighboring plots must be present.
3. Upon completion of establishing and clarifying the boundaries, a report on the work performed is drawn up. It must be signed by the customer of the work, all owners of adjacent plots, a cadastral engineer, a representative of local authorities, and the chairman of the dacha association.
4. After this, boundary signs are installed, if required to delimit territories.
5. Then specialists draw up papers, diagrams and drawings. A survey file is being formed, which is submitted to the local land committee for approval. There it is subsequently stored.
6. The owner of the site is given a boundary plan, which consists of two parts:
   text;
7. graphic.
8. The next step is to register the received data in the Unified State Register of Real Estate.

Form of agreement for land surveying.

The land surveying process consists of several stages. The preparatory part, which must be carried out by the owner of the site, takes longer: collecting documents, choosing a company to carry out boundary work, notifying neighbors.

Only after the successful completion of the preparatory operation are further actions possible to measure the site and prepare technical documentation.

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Where to go for land surveying?

When the owner of a land plot chooses a specialist who will carry out land surveying, he has two main options where to turn:

To a private company (or to an individual specialist)

This option has several advantages:

• the ability to choose a specialist from several different ones;
• relatively fast turnaround time;
• higher quality of service provision.

Its main disadvantage is the cost - in private companies it is usually very high , since they have the right to set their own prices and tariffs.

The exact price depends on many factors: the location of the site, its area, the demand for this service, a specific subject of the Russian Federation, etc.

On average, the cost ranges from 10 to 30 thousand rubles, but it can be much more.

To a government agency

A cadastral engineer may also be in the public service - in a separate body that deals with land issues, or in a division of a local executive authority. The choice of this option is usually associated with its lower cost, because the provision of such a service by the state is much cheaper than using private companies.

Among the disadvantages, one can note the very long period during which work is carried out in this case. Since the queue for land surveying is quite long, the land owner can expect this work to be completed for several months or even years. The specific period depends on how in demand this service is in a particular region.

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