In the USSR, land rights of citizens, as such, did not exist due to the fact that all land was owned by the state. Therefore, in modern Russia it “swinged” for several decades. And now more and more owners of suburban real estate are asking the question: “How to properly prepare documents for land surveying and go through the procedure?”
The interest is explained by the fact that in less than a year, without land surveying, any operations with land plots will become impossible (including gratuitous ones, such as kinship donation/inheritance).
Simply put, mandatory land surveying in Russia is becoming a legal norm. Since the procedure, to put it mildly, is not the easiest and fastest, people try to carry it out in advance so that it does not subsequently slow down a possible deal. Moreover, as part of the “dacha amnesty” you can still do this for free.
If we describe the actions of the landowner in this direction briefly/simplified, we get something like this:
- Collect documents necessary for land surveying
- Find a qualified and conscientious cadastral engineer
- Conclude an agreement with him and make sure that its terms are met
- Get your hands on a cadastral plan
Later in the article we will create a more detailed step-by-step plan containing useful tips for each stage.
Why is this procedure needed and what does it mean?
Any real estate property is subject to inclusion in the Unified State Register of Real Estate. Real estate, excluding premises in apartment buildings, must be “connected to the locality.” This “binding” is the land surveying in 2022.
A specialist with the necessary qualifications secures the actual boundaries of the land plot. That is, using GPS, it determines the coordinates of turning points (corners) and, using a special program, forms a section of area, configuration, and location on a topographic map. Then the boundary plan is entered into the Rosreestr cadastre.
ATTENTION! In everyday life, people often confuse the demarcation of the boundaries of a land plot and the removal of its boundaries in nature. Meanwhile, these are different actions, directly opposite in purpose. Land surveying is the recording of an actually existing site and the drawing up of a topographic plan. Using the placement of points, you can check whether the actual plot corresponds to the cadastral plan. In this case, a plan is not drawn up; it is not needed. But this process makes it possible to resolve disputes between neighbors, for example, to check whether, by law, the fence between plots is where it is, or whether one of them has appropriated a piece of someone else’s land.
Only owned land can be demarcated (rented land cannot). The procedure should be carried out if transactions are carried out with the plot, as well as if they are divided or combined.
What is a boundary plan?
Before asking yourself what to do after land surveying, you should clarify what will be the result of this procedure. After all the measurements have been taken and the boundaries of the land have been determined, the cadastral worker who carried out the entire process will draw up and submit a boundary plan to the landowner.
This document includes 2 sections: text and graphic.
The text part of the boundary plan includes information:
- Initial parameters of the site.
- Information about the parts of the allotment.
- The essence of the boundary work performed.
- Details of the customer and contractor.
- A sheet in which the limits of the land plot are agreed upon with the owners of neighboring plots.
- Final summary of the engineer who carried out the measurements.
Graphic part of the boundary plan
The graphic part is made in the form of a diagram of the land plot, which reflects all the current boundaries.
You can receive the boundary plan in classic documentary form, as well as in electronic format. For further use, the electronic version is most often suitable, in which “Service Geo” provides a plan.
How is the procedure for land surveying regulated by law?
Until the beginning of 2022, Russian citizens can legalize their suburban plots in a simplified manner. This point is reflected in Federal Law No. 171 of 2014. In common parlance, this legislative act is called the “dacha amnesty.” Its effect was extended several times. It allows for free land surveying until the end of the current year.
According to Federal Law No. 218 of 2015, it is possible not to survey certain types of plots for sale, donation, or inheritance. This clause expires approximately at the same time as the “dacha amnesty”. Unless, of course, new legislative changes occur within a year, which is, in principle, possible.
However, it is more reasonable to consider that the period of validity of land surveying (or rather, the right to own land without carrying out this procedure) is coming to an end, and everything must be done on time.
The cadastral registration procedure itself is regulated by Federal Law No. 221. It will also be useful for the landowner to know and understand the main provisions of the Land Code of the Russian Federation.
The procedure and conduct of land surveying
An engineer knows how to properly survey a plot of land; it is impossible to do this on your own. The work consists of five stages.
Stage one - conclusion of an agreement
The work is carried out in accordance with the Instructions approved in 1996. Licensed companies have the right to take measurements; special equipment is used in the process. Terms, conditions, procedure, obligations of the parties, responsibilities are prescribed in the contract. It is recommended to invite two engineers to carry out correct measurements.
Stage two - surveying
An engineer will help carry out land surveying of the house; the owner provides the necessary package of documents. Please note: all manipulations begin after the work has been agreed upon with the neighbors.
The stage consists of the following types of work:
- Get an extract from Rosreestr
- Land preparation.
- Conversation with neighbors.
- Setting boundaries (an agreement is drawn up with neighbors).
- Determination of coordinates of boundary signs.
- Shooting.
- Preparation of a plan (it specifies the exact boundaries).
The final moment of the stage is the formation of a plan.
Stage three - obtaining a plan
The land survey plan contains a graphic and text part. The results of the work done by the engineers are recorded here.
Stage four – application to Rosreestr
The task of the future owner is to register the property with the cadastral register. To do this, a package of documents is submitted to the registration authority. What you need to provide:
- Application (application is submitted in writing).
- Identification document (only passport of a citizen of the Russian Federation).
- Land survey plan.
- Extract from the Unified State Register of Real Estate for a land plot
If a person is entrusted to act on behalf of the owner, a certified power of attorney is required. The land survey plan can be either on paper or in electronic form. It will take 10 working days to enter data into the state real estate cadastre.
Stage five – formation of property rights
Is it necessary to carry out land surveying - yes, it is necessary, because without this procedure it will not be possible to legitimize the rights to the plot. Documents confirming ownership can be obtained from Rosreestr or from the MFC
Step-by-step procedure for marking the boundaries of a land plot
The landowner will need only four steps:
The first step is to collect and prepare all the documents necessary for land surveying.
The first owners of land, participants in its distribution, need:
- Resolutions of local authorities on the basis of which land is allocated
- Map of the site on the general cadastral plan of the territory
If the allotment has already been registered in your name, you only need an extract from the Unified State Register of Real Estate. The delivery time for a regular order is 3 days. By contacting the Rosreestr API website directly, a document can be issued in electronic form in an hour. The price of receipt and validity will be similar.
In other words, if you have to survey a plot of land, what documents will be required depends on whether you actually own it or not.
The second step is to find a cadastral engineer
The most reliable selection criterion, as at all times, is the personal recommendation of people you know. Or go to the Rosrestr website, there is a special service there.
Engineers who have confirmed the appropriate qualifications are united in SRO, information about each is available. Read the reviews and pay attention to how many and whether all surveys carried out by the specialist were successfully registered with the state.
Then draw up and sign the contract. Independent experts set the cost of land surveying themselves. Practical statistics by region indicate that the price for land surveying can vary by two to three times.
In the Moscow region the range is from 10 to 30 thousand rubles.
In the Leningrad region - from seven to fifteen.
In most other regions it starts from five. Be sure to keep receipts/receipts indicating that the service has been paid for.
The third step is to sign the work completion certificate and receive the documents in hand.
In principle, the procedure for land surveying does not require your personal presence. You can simply order the service, and then receive from a specialist a “land survey file”, consisting of a cadastral, boundary, and technical plan (if there is a house on the site). Nowadays, documents are issued on a CD. But if you need a “paper” version (for example, for court proceedings), they can also prepare it.
Upon receipt of the documents, an act of acceptance of work is signed. As usual - in two copies. Sign it only after checking the documents. And keep “your” copy just in case.
The fourth step is to make sure that the result of the survey is in Rosreestr
Typically, the customer receives documents in hand from the cadastral engineer within two weeks after signing the contract. From this day, another 5-7 days may pass before the information is published on the Rosreestr map. After they pass, go to the map website. If you find your plot there, the job can be considered done.
How to carry out land surveying
The geodetic method of determining boundaries is carried out in several stages; during the work, the specialist is guided by the Instructions for land surveying. The document describes the order of work, what the engineer needs to pay attention to, and how to correctly complete the measurements.
How to carry out land surveying
:
- Order an extract from the Unified State Register of Real Estate
- Call a cadastral engineer to the area that needs to be demarcated.
- Agree on the procedure with your neighbors.
- Draw up a boundary plan.
- Submit the plan to Rosreestr .
After surveying the garden plot, the boundaries will be entered into the real estate cadastre.
The procedure for approving the boundaries of a land plot - surveying or removing points
If your plot is not located in an “open field”, you will need to agree on land surveying with your neighbors. They (plus the Chairman of the Board, if you have a plot in a garden/dacha association) will have to confirm in writing that they agree with the boundaries of the plot. You must notify the neighbors/chairman yourself.
Therefore, although we wrote that the presence of the owner of the property during the procedure is not required, it may be better for you to come to the place. After all, the neighbors/chairman must be there to sign the appropriate signatures. To avoid misunderstandings, it is better to check everything yourself.
“Territorial disputes” with neighbors must be resolved in advance. If this is not possible, record the fact of refusal in writing, look for all old documents indicating your right to the disputed “pieces,” hire an experienced lawyer and go to court. This is a long and expensive business.
Therefore, if we are talking about a couple of really controversial square meters, sometimes it is preferable to give in in order to save yourself from unnecessary hassle and costs. If the neighbor has “completely lost his conscience” - sue.
Judicial practice is optimistic - most of the justified claims of the plaintiffs are satisfied.
Is it possible not to pay for the procedure?
In the step-by-step instructions, we have already touched on the question of how much land surveying costs. Is it possible to do this for free?
It is possible, but only at a time when the municipality is carrying out comprehensive cadastral work. Information about them should be found on the official websites of local authorities.
If such work is underway or planned, an application must be submitted. Its form is free, you just need to indicate your full name, passport details, location, cadastral number of the plot. The right to use cadastral work free of charge gives:
- "Dacha amnesty"
- Registration of a plot before 1998 (if it is not included in the Unified State Register of Real Estate)
- Recorded cadastral errors made earlier
- Lack of registration with Rosreestr of the allotment, data about which this organization has
What documents are needed to register land?
The package of documents depends on who submits the application - an individual or a legal entity. If the owner is an individual, you need to prepare the following documents:
- Passport (original and copy).
- Certificates confirming ownership.
If this is a legal entity, in addition to the above papers, you must attach an enterprise registration card and a document for the building.
Important! The very first step is to order an extract from the Unified State Register of Real Estate, you can obtain it on the official website of Rosreestr - rosreestor.online
Is it possible to challenge the land survey of your own or a neighboring plot?
Of course you can, if there is a legal basis. You just have to follow a certain sequence of actions:
- First of all, file a complaint with your local administration.
- If the administration is inactive, get a written refusal from the officials to satisfy your material rights and contact the Prosecutor’s Office
- If the Prosecutor’s Office also receives a refusal to file a complaint, file a statement of claim with the court.
Trial proceedings require careful preparation. We recommend using the assistance of experienced land law lawyers.
Initial free consultations are available on the prav.io website. possible at any time of the day.
A lawyer found on the site can also help in preparing the necessary documents (including the claim itself). And if he lives in the same city with you, he can undertake representation in court and full protection of your rights.
