A set of works to establish boundaries, fix them on the ground, calculate the area and determine the location of the land plot is carried out with the aim of creating real estate objects as objects of civil rights.
As a result of cadastral activities, the landowner receives a boundary plan, which allows him to obtain a cadastral number and register ownership of the plot
The Law “On Cadastral Activities”, adopted in 2007, and Law 218 “On State Registration of Real Estate” of 2015 regulate all cadastral work on the territory of the Russian Federation.
How to do it, where to go, how to choose a reliable organization for determining cadastral boundaries
What does cadastral work include?
The concept of “cadastral work” includes several types of actions:
- land surveying;
- descriptive characteristics of construction projects (completed and unfinished);
- description of part of the building, its location;
- coordination of land boundaries.
The purpose of cadastral work is to link the property to the locality, describe this object, and determine the boundaries.
The result of the work declared by the customer in relation to the land plot is a boundary plan.
How to determine cadastral boundaries without land surveying
Only the presence of a boundary plan makes it possible to contact the cadastre services with a statement:
- to register the land plot in the real estate cadastre;
- on amendments to accounting data in connection with changes in the boundaries of the site;
- on registration of part of the site.
There are several stages of work that are included in the concept of “surveying”. This:
- topographic survey;
- fixing the land location diagram on the cadastral map;
- boundary plan and cadastral registration.
Do they do boundary surveying in winter?
Weather conditions are not an obstacle to carrying out cadastral work. Geodetic surveying of a snow-covered surface is much faster, since vegetation or fallen leaves do not interfere.
But coordinating boundaries with neighbors in winter can cause some inconvenience. Firstly, not all landowners live near their plots in winter. Secondly, under the snow it is difficult to determine the location of the boundary and agree on the boundaries with neighbors in order to sign the act.
Procedure and rules
The need for land surveying arises for the landowner in cases where:
- the boundaries of its land use are violated;
- changes occur in the size of the plot (redistribution between owners);
- alienation of land is required (sale, donation, inheritance);
- before the start of construction or to register ownership of the land on which the purchased house stands.
The procedure for carrying out work to determine boundaries is regulated by:
- Federal Law No. 218 of July 13, 2015
- Federal Law No. 221 dated July 24, 2007
- Order of the Ministry of Economic Development of the Russian Federation No. 921 dated December 8, 2015 (as amended on November 23, 2016)
- Letter of the Federal State Budgetary Institution "FKP Rosreestr" No. 10-4591-KL dated December 16, 2016
Where to start: preparing documents
- First of all, it is necessary to prepare documents for land ownership.
- Then find the best cadastral engineer.
- Conclude a contract agreement with the performing organization.
Subsequent actions relate directly to land surveying work, as a result of which the customer receives two copies of the land survey plan.
IMPORTANT! One copy is kept by the owner of the land plot, and the second will remain with the state registration, cadastre and cartography authorities.
Issue formats – on paper, electronic version
If the boundary plan is made in paper form, then two copies must be made. One of them remains in the organization, the second is received by the customer. You can pick up the finished plan yourself. Some organizations deliver documents to the specified address or send them by mail. It all depends on the list of services of a particular organization. The average time within which you can apply for a ready-made MP is 2 weeks.
Also, in any case, the cadastral engineer prepares an electronic version of the document. The customer can also obtain this option if desired.
You can watch the video for more details about the boundary plan:
Notifying neighbors about land surveying
The duty of the customer of cadastral work is established by law to inform all interested parties about the beginning of the procedure for determining boundary points.
Interested parties are the owners of neighboring plots, the board of non-profit partnerships, and local authorities.
Notification can be made in several ways:
- sending written mail (no later than 7 days before the departure date of the survey crew and cadastral engineer)
- personal oral information (receive a signature as confirmation of receipt of information).
- holding a general meeting.
What to do if your neighbor doesn't agree
The responsibility for familiarizing neighbors with survey data lies with the cadastral engineer. If necessary, neighbors should receive clarification on issues of interest. Coordination of the coordinates of characteristic points of the border is formalized by an Approval Act containing the signatures of interested parties (Articles 39–40 of the Federal Law “On the State Real Estate Cadastre” and Federal Law No. 221 of July 24, 2007).
Neighbors may not agree with the results of the work performed. The law gives them the right to indicate in the act the reasons for their disagreement. Only after the dispute has been resolved will it be possible to register the property in the cadastral register. The disagreement submitted to Rosreest will supplement the survey file and will be stored until a decision is made by the court. The process is long. It is possible to conduct a land survey and re-survey the site.
Procedure for obtaining a land survey plan
How does this happen in most cases? The cadastral company that dealt with your issue will report that the land survey work has been completed. So, you have the opportunity to receive this document in your hands. You can pick it up in two ways:
- Come on your own.
- The cadastral company will send the survey plan by mail or deliver it itself.
The choice of one or another option is determined by the land management company. It also depends on whether document delivery is included in the overall package of services provided. Within two weeks you can pick up a land survey plan. This is the average time it takes for the process to occur:
- processing;
- analysis;
- measurement results.
Who is ultimately responsible for the correctness of this plan? Cadastral engineer. He bears full responsibility for carrying out all checks that relate to established boundaries, cadastral plan, register, etc. That is, the cadastral engineer must put an end to this matter. After this, no changes can be made. And in the boundary plan, the important part is precisely the conclusion of the cadastral engineer.
This conclusion is drawn up on a piece of A4 paper. This paper should be attached to the boundary plan. The engineer's signature is required and the date of issue of the document is indicated. What is the essence of this conclusion? It should be clear from it that the cadastral engineer has completed all the checks prescribed by the legislation of the Russian Federation. It indicates that everything is compiled correctly and competently.
The cadastral engineer also builds on Order No. 921, paragraph 13 of December 8, 2015. According to it, this conclusion on the boundary plan includes information in the following cases:
- In the event that inconsistencies are identified with the information provided about the established boundaries and data from the Unified State Register of Real Estate.
- In the event that the information provided differs from the data from the Unified State Register of Real Estate on the location of forest parks, forest districts, settlements, territorial zones, and boundaries of municipalities. If there really are such discrepancies, then a state cadastral registration of the land will have to be carried out.
- In the case when work was carried out to clarify or redistribute the location of boundaries during the surveying of a particular piece of land.
- In cases where it is necessary to supplement cadastral activities with this or that information. But this data is supplemented only by decision of the cadastral engineer.
As real practice shows, a cadastral engineer extremely rarely provides information about possible errors and proposals for eliminating them. However, this would help resolve virtually any dispute about the boundaries of a particular territory.
Important! Taking all this into account, you should choose an organization that is ready to provide professional services and draw up an objective report from a cadastral engineer. After all, if he makes mistakes, later everything may turn out not in your favor.
Cadastral work in stages
Work to determine the boundaries of land plots can be divided into three stages:
- Preparatory
- Field
- Documentary
At the first stage, information about the study area is collected.
Specialists study an extract from the cadastre of real estate, a cadastral plan of the territory, maps, inventory results, information about the owners of adjacent plots and organizations that provide public utilities and energy supplies.
The second stage of work is carried out on the site and adjacent areas. Interested parties are notified about the cadastral work, a sketch of the plot diagram is drawn, boundaries are determined using special tools and boundaries are agreed upon with the owners of adjacent plots.
The third stage is the final one. Documentation of the work carried out, calculation of the area of the land plot, reflection of the boundaries in the boundary plan, preparation of the survey file.
How it happens
For the customer, the land surveying procedure looks simple:
- a geodetic survey of the described land plot is carried out;
- the cadastral engineer determines the boundary points and coordinates them with the neighbors (Article 39-40 of the Federal Law No. 221 of July 24, 2007);
- on the day specified by the contractor, it is necessary to pick up the finished boundary plan from the contractor;
- the boundary plan should be approved by the Land Resources Committee;
- register a plot with certain boundaries for cadastral registration;
- register changes in Rosreestr.
FOR REFERENCE! Survey data does not have an expiration date. The need to repeat the survey will be required only in cases of violation of boundaries by neighbors or changes in the size of the site.
Procedure
The procedure and list of work carried out within the framework of land management are contained in Government Decree No. 396 of 06/07/2002.
- First of all, it is necessary to select the performer of the planned events;
- Prepare existing documents for the site and the right to own it;
- Prepare the area by marking 30-50 cm conditional boundaries with pegs;
- Call the contractor and agree on a departure time to shoot the site. The owner may be present;
- A team of surveyors leaves to carry out geodetic measurements;
- At a general meeting or in an individual conversation with each owner of an adjacent plot, the established boundaries are agreed upon, after which the “Boundary Approval Act” is signed;
- The cadastral engineer puts the date and installation number on the boundary signs.
IMPORTANT! Moving boundary signs is prohibited and is grounds for an administrative fine.
Within a month after the shooting, the performer prepares documentation. Then he gives the customer a boundary plan.
The same contractor can register property rights in the cadastral register if the customer does not want or cannot do this on his own.
Price
The Cadastre Law gives regional authorities the right to set maximum prices for cadastral works.
Organizations providing such work independently determine their cost.
On average, depending on the region, the cost of preparing a boundary plan ranges from 4,000 to 10,000 rubles.
Deadlines
The timing of the 3-stage work depends on the workload of the contractor, the accessibility of the site and the complexity of the landscape.
Offers may vary significantly - from 10 days to 1 month.
Where can you order it?
A land surveying plan may only be drawn up by certified and qualified specialists. As a rule, these are cadastral engineers. They have the appropriate permission to carry out this work.
Among other things, you can order the drawing up of a plan for the boundaries of a land plot from the relevant engineering and geodetic organization. A large number of such organizations have their official websites. You can get comprehensive information on this here. The cost of this service is also indicated on the website.
In any case, in order to draw up this important document, specialists will travel to a specific site. There they will make the necessary measurements, as well as carry out land management work. All measurements and data are transferred to the survey report. You can order a land survey plan in two types:
- Printed.
- Electronic.
Making a boundary plan
The result of cadastral work is a boundary plan (Article 37 of Federal Law No. 221).
The boundary plan includes:
- information about the contractor and the customer;
- a list of established coordinates of points of the boundaries of the site and an act of transfer of boundary signs;
- assignment issued by the customer;
- data on notification of interested parties (list and notices);
- an act of agreement on the boundaries determined during the land surveying process with interested parties;
- land tenure drawing;
- total area (calculation and value);
- act of acceptance of work by the customer.
According to the law, starting from 2021, registration of any documents in state registration authorities is carried out only if there is a boundary plan,
Providing documents to Rosreestr for cadastral registration and registration of property rights
To complete the procedure for registering ownership of the surveyed plot, it will be necessary to prepare and submit a package of documents to the cadastral registration authorities. On the list:
- boundary plan;
- title documents;
- the applicant's identity card;
- application for registration.
The same organization that carried out the land surveying work can register property rights in the cadastral register, if the customer does not want or cannot do this on their own.
What is this record and in what cases is it necessary?
These papers provide specific information about the entire area of a plot of land. It is on the basis of the facts contained in them that the remaining data is entered into the cadastral extract. They can be made both electronic and paper.
Who can draw up a cadastral plan?
Only a professional engineer can do this. Starting this year, a specialist must have an SRO member certificate. This is what allows him to carry out land work.
When should this plan be completed?
In all cases when you are going to somehow change the form of ownership of a land plot. Donate, sell, share it.
Depending on the goals, several of this document are distinguished:
- Formation of new areas through:
- Combinations (make one out of two).
- Divisions (divide the entire area into 2 or more parts).
- Allocation of shares (only for shared ownership).
- Redistribution (adding “re-cutting”).
- Obtaining one plot by connecting state and municipal areas.
- Boundary plan to clarify the boundaries of the land plot.
- Document for correcting cadastral errors.
Receive documents: what they look like
Order of the Ministry of Economic Development of the Russian Federation No. 921 dated December 8, 2015 (as amended on November 23, 2016), which entered into force on January 1, 2017, regulates the preparation of a boundary plan and an approval act. According to this document, the boundary plan looks like this:
