Will owners have the opportunity to sell a plot of land in 2021 without land surveying?

Statistics show that only 60% of land plots are registered with a clear definition of boundaries, with a cadastral passport. More than 1.5 million memory plans contain errors in information about the coordinates of points and boundaries. Common mistakes include: intersection, overlaps, displacement of boundaries. There are frequent cases of unauthorized seizure of acres not specified in the land plan. Cadastral errors happen. In order to create a reliable Rosreestr system electronic database with cadastral maps, the sale of a land plot without land surveying is prohibited from 2021.

The main risks of buying a plot without land surveying

Purchasing a plot of land is a responsible matter, accompanied not only by the choice of real estate and compliance with the nuances, but also by certain risks. Even a person who understands the legal intricacies is not always able to foresee all the details of the transaction, so consultation with a specialist is recommended. The optimal solution would be to grant the right to conduct the purchase and sale of a plot to an experienced lawyer.

A land plot is real estate that is sold by individuals and legal entities, as well as city authorities. The price depends on the region where the purchase object is located, as well as on individual characteristics - location (within the city or outside it), the availability of infrastructure, the degree of preparation of documents.

The latter option provides, in particular, for the presence of site boundaries. Land can be sold either with or without a boundary, which implies the absence of certain boundaries, and the documents do not indicate a specific area.

The risks of buying a plot without land surveying are that in the future there may be problems with marking boundaries, especially if neighbors have specific complaints. If there are controversial issues, it is impossible to sell a plot without land surveying, and it is also impossible to resolve the conflict independently. The situation can only be resolved in court, which takes a lot of time and effort.

What is it and general provisions

Land surveying is engineering and geodetic measures aimed at establishing the true boundaries of the site.

The following organizations have the right to carry out the procedure:

• geodetic office;
• real estate agency;
• Notarial office;
• company belonging to Rosnedvizhimost.

Direct surveying can only be carried out by specialists with the necessary education and a set of tools.

The principle is based on determining the boundaries of real estate (based on documentation for the site or a court decision). Points along the perimeter are designated by some physical objects to fix visual boundaries. Most often, wooden pegs are used, installed in the corners of the site.

Sample application for land surveying

Land surveying errors and change of ownership

The land surveying process determines the boundaries, land area, points, and reference coordinates. Install special marks on the borders.

Note! If the property rights were registered before 1993, there is no exact plan, the boundaries of the site will be those boundaries that have been recorded over the past 15 years. Reference coordinates are existing fixed objects.

Main mistakes when determining coordinates and boundaries:

• State cadastre data does not correspond to actual areas;
• sometimes, if the boundaries are incorrectly fixed, during land surveying, they are shifted onto existing buildings;
• displacement of the boundary to the neighboring plot.

To identify and record errors, a conclusion issued by a cadastral engineer is required. Issues are resolved individually: by agreement of the parties, in court.

Important Notes

The law does not prohibit the sale or purchase of plots without land surveying. In most cases, this practice is carried out when organizing a new residential village or dacha cooperative, where the land on paper is divided into plots, but in practice the boundaries are not marked.

When buying land without borders, you should be attentive to some things:

It would also be a good idea to pay attention to the distribution of the boundaries of the neighboring area. If it is already delimited, then the extreme points should not touch the purchased property

. Simply put, two adjacent areas should not overlap each other.

Is it possible

The purchase and sale of plots without land surveying is not prohibited by law. The documents of such real estate do not indicate boundaries, but the owner has full right to realize it

. However, if you purchase such real estate now, in 2022 you will in any case have to go through the procedure of determining boundaries.

As a rule, areas without boundaries are common in gardening partnerships and agricultural lands. Before the sale, the owner of the property must offer to buy out his share to members of the cooperative or community

. If there are no offers from shareholders within a month, the owner can sell the land to anyone.

The sale of plots without boundaries for construction is also legal, but this requires the subsequent determination of boundaries independently. The only benefit can be in the low cost of real estate, but the risks of buying a plot without land surveying in this case are extremely high.

In particular, this applies to the construction of permanent buildings (house, garage, outbuildings). First of all, it is necessary to establish boundaries, and only then carry out construction. Otherwise, if the calculations are incorrect, the court may rule that the house was built in violation and must be demolished.

What the law says

The legislation of the Russian Federation divides land plots into different categories, therefore the standards are different for everyone.

For example, until 2022, all land real estate was subject to mandatory land surveying. These included both cooperative summer cottage plots and land owned for construction.

At the end of 2022, a “dacha amnesty” (Federal Law No. 93) was issued, which provided for the optional land surveying of dacha plots and certain other categories of land that were not intended for the construction of residential buildings. Federal Law No. 447 proposes to reintroduce mandatory land surveying of all land plots from 2022.

Download Federal Law No. 93 On dacha amnesty

The necessary conditions

It is impossible to carry out the land surveying procedure on your own, even if you know perfectly well the principle of its implementation. Only specialists with education and equipment are allowed to carry out work.

Based on the actions taken, the boundaries of the site are established. The data is entered into the documentation, and special signs are installed along the perimeter of the property.

Specialists include surveyors and land managers, whose responsibilities include marking the boundaries of land plots and preparing documents.

Reasons for not having established boundaries

There are several reasons why land surveying was not carried out on the site. This procedure involves establishing boundaries on the plan and on the ground, creating a boundary file, which will include a description of the land plot and its drawing. After which all survey results are included in the state cadastre database .

The demarcated plot will be registered in the cadastral register and can be found on the public cadastral map. If you look closely, you can see that there are areas on it that do not have coordinates. This means that the owner of the plot did not carry out land surveying, although the plot has a cadastral number and an owner.

Land surveying was not carried out for the following categories of citizens:

1. Summer residents . There are still dacha plots whose owners prefer not to carry out this procedure. Most often this is explained by high prices for ]cadastral engineers[/anchor]. Sometimes problems arise due to unauthorized “cuts”, when part of the land in use is not documented in any way. But, in general, the dacha amnesty allows you to register a dacha plot using a simplified system.
2. Persons whose rights to plots arose on the basis of perpetual use . The peculiarities of such ownership are the absence of the right of transfer by inheritance, donation and sale of land. Such a site can be registered using a simplified system, but land surveying will allow more precise boundaries to be drawn.
3. Citizens who bought a plot without land surveying. Most likely, the previous owners registered the allotment in the same way, taking advantage of the law on dacha amnesty.

The following reasons are also possible:

1. The site has been allocated by the local administration for some program (for example, assistance to large families). Here land surveying is a matter of time. Typically, new owners try to obtain all documents for registering property rights as soon as possible.
2. The site may not be on the cadastral map due to the fact that the documents were not submitted to the state cadastre . The land surveying procedure was carried out in full.

In these cases, it is enough to contact Rosreestr with documentation or carry out the survey again.

There are plots whose market value practically does not exceed the costs of land surveying and registration of the plot. In this case, the owners prefer not to register the land.

Problems and risks of buying a plot without land surveying

Risks that arise when purchasing a plot without land surveying can occur both during the paperwork process and after completing the procedure.

In the first option, the consequences are insignificant, since the discovery of a discrepancy between the boundaries according to the documents and in Rosreestr can serve as cancellation of the transaction without visible consequences for the buyer. In this case, it makes sense to refuse to purchase this plot or give the owner time to fix the problems.

If the plot has already been purchased, then the lack of a boundary can be the beginning of problems with neighbors. Claims to establish true boundaries and differing views on this are a common cause of litigation.

. The law provides for the responsibility for carrying out all procedures and costs for the new owner of the land plot.

In addition, the construction of a private house on such a site may lead to non-compliance with the “red line”, which is determined only after the land surveying procedure. The red line is the definition of the construction boundary from the boundaries of the site.

The court may decide to move the foundation of the house if its location does not comply with the requirements of the law. And this already implies the demolition of the building or part of it, as well as serious material costs.

Changes for 2021

In 2021, the State Duma of the Russian Federation introduced changes to a number of legislative acts regulating the legal procedure for registering land plots.

These include:

1. Federal Law of the Russian Federation (Article Number Eight) on amendments to the Land Code.
2. Land Code of the Russian Federation (Article 11.4; 11.3).
3. Included in the bill on “dacha amnesty” (deadline extended until March 1, 2022). But from January 1, 2019, when registering transactions with land plots, it is necessary to issue a cadastral passport. Consequently, it is possible to sell a garden plot only after the land surveying procedure has been completed.

Changes to the Federal Law and Labor Code of the Pension Fund come into force on June 1, 2021.

It will be possible to carry out registration, purchase and sale, or other legal transactions only if you have the cadastral number of the land plot entered in Rosreestr. To obtain it, you must draw up a boundary plan of the site, that is, establish its boundaries and coordinates.

From the video you will learn about the prohibition of transactions without land surveying:

Main conditions of the procedure

To carry out land surveying, it is necessary to follow the current legislation, and entrust the procedure to certified specialists.

An important point is the preparation of all land surveying documents. This will avoid unpleasant consequences, and responsibility for incorrect measurements or accidental overlapping of objects will fall directly on the performers.

Form of boundary plan:

Where to go

You should contact a construction or surveying company about land surveying. Some real estate agencies selling plots can also provide their own specialists.

The owner of the site needs to ensure the qualifications of the employees and also sign an agreement for the provision of services. The document must include a clause regarding liability for incorrect measurements.

In addition, surveyors can be invited from BTI. A government organization inspires much more confidence, but you will have to wait some time if there is a waiting list for procedures.

What is the order

The land surveying procedure involves the following procedure:

• submitting an application to the appropriate organization - the owner of the site can draw up an agreement to carry out land surveying work, and also apply to government authorities with an application to independently carry out the procedure (only possible if you have the necessary education);
• specialists begin work at the specified time;
• a conclusion on the actions taken is provided to the applicant as a boundary plan;
• the owner of the site with the received technical documentation applies to the registration authorities.

The period for registering a land plot reaches up to 2 months. In practice, the time depends on how busy the organization is, the time of year and the priority.

Available actions

In the absence of the opportunity, means, and sometimes even desire to carry out the land surveying procedure, the owner can freely implement it.

Available actions for areas without boundaries include:

• sale;
• rental;
• donation;
• exchange;
• inheritance.

The owner has the right to almost all actions while the “dacha amnesty” is in effect. However, experts still recommend carrying out the land surveying procedure. This will avoid possible problems, and will also increase the price of the property when you try to sell it.

Is it worth deciding?

Everyone independently determines whether they should purchase a plot without land surveying. No one has canceled the risks associated with this type of real estate, as well as additional expenses.

It is worth buying a plot without a boundary in the following cases:

In any case, in 2022, all owners of summer cottages will be required to undergo a land surveying procedure, so for those for whom the acquisition is not urgent, it makes sense to wait.

Advantages and disadvantages

The positive aspects of purchasing a plot without land surveying include the following:

The disadvantages include:

• all sorts of risks associated with a smaller actual area than stated in the documents;
• possible conflict situations with neighbors and government agencies if data does not match;
• spending from personal savings on the land surveying procedure;
• the need to undergo the procedure in 2022 is mandatory.

If the plot does not have an extremely attractive price or a convenient location for the buyer, it is not recommended to purchase a land plot without land surveying. Potential risks and obligatory costs in the future are not comparable with the benefits received.

The land plot is assessed by a cadastral engineer.

Is it possible to buy and sell a plot of land by proxy? We will tell you in this article.

Is the consent of the spouses required for the sale of a land plot? Read on.

Costs for land surveying

There are no fixed tariffs for carrying out the land surveying procedure.

The price is influenced by the following factors:

• region, place where the storage facility is located, landscape, area;
• degree of complexity of geodetic work, transportation costs;
• availability of initial legal documents (plan, land management);
• is there a need for land surveying;
• the need to coordinate controversial issues with neighbors;
• the entity that will carry out the registration procedure in Rosreestr (the owner or specialists of cadastral centers).

Expert opinion
Klimov Yaroslav

More than 12 years in real estate, higher legal education (Russian Academy of Justice)

Ask a Question

In gardening partnerships, it is advisable to carry out land surveying of all plots at once. This decision is made at the general meeting. The cost of land surveying for each shareholder is reduced. The issue is being resolved comprehensively. Shifting the border on one plot of land automatically leads to a distortion of the border line on other plots of land.

Land surveying issues are dealt with by licensed expert firms with the appropriate staff of specialists (cadastral engineers, surveyors).

On average, the cost of registering a dacha plot varies from 5 to 8 – 10 thousand rubles. Plot for individual housing construction - 10 - 20 thousand rubles. The cost is higher for plots of more than 10 hectares allocated for commercial real estate.

Buying a plot without land surveying. What are the risks?

The question “is it possible to buy a plot without land surveying?” is no less relevant than “is it really possible to sell a plot for which there is no boundary plan?” Let's look at both of them

. The article also provides instructions for purchasing such a plot and a description of the risks of this procedure.

The Land Code states that you can sell real estate that meets the following requirements:

• not encumbered with collateral,
• the owner has title documents,
• is privatized.

A prerequisite is the registration of the purchase and sale agreement with the MFC. If there are several owners, written consent of each is required for the sale of the land plot.

Important! The law does not prohibit the sale of land plots on which land surveying has not been carried out, so it is possible to buy a plot without land surveying.

To register a land plot for cadastral registration, it is not necessary to carry out the land surveying procedure (for example, it was registered under the dacha amnesty). If the plot is included in the unified state register of real estate, it can be manipulated:

• rent out
• include in a will
• exchange for other property,
• donate
• carry out purchase and sale.

Now we will take a closer look at the procedure for purchasing a plot of land where land surveying has not been carried out.

Exceptional cases

Transactions are also carried out in the absence of a cadastral passport for land plots, when only old-style state acts (until 1993) exist for plots, without indicating the boundaries of the plot. In this case, a cadastral passport is issued at the State GeoCadastre.

If the land is jointly owned, then each of the subjects owns a part. Selection and demarcation of individual shares is not required. It is registered and assigned a cadastral number to the object as a whole. For example, a land plot with a garden is in common ownership.

The procedure for transactions with land plots (with or without a building) is simplified if property rights are entered into the database of the Unified State Register of Real Estate. The fact of registration indicates that the object was registered in the cadastral register.

Then to notarize the contract you will need:

• purchase and sale agreement drawn up by a notary;
• certificate of payment of state duty;
• The seller and buyer must be present at the transaction with identification documents.

Note! Until the end of 2021, there was no need to carry out mandatory land surveying for land plots of SNT (garden non-profit partnerships) allocated for homestead farming, or transferred for perpetual use by state and municipal bodies.

Purchasing process

In addition to answering the question of whether it is possible to buy a plot without land surveying, those interested in purchasing land need to know how to correctly carry out the purchase procedure so as not to encounter problems in the future.

1. Drawing up a purchase and sale agreement (for security, the document can be certified by a notary).
2. Registration of the agreement at the MFC - you will need to fill out a corresponding application and pay the state fee.
3. Waiting for the issuance of a cadastral plan and a certificate of ownership of real estate.

Note! Certificates of ownership are no longer issued; this document can be used instead (it is an alternative to a certificate with legal force, i.e. it proves ownership of the property)

It is necessary to dwell in more detail on the registration of the purchase and sale transaction.

What does the registry say?

The seller must inform the other party about the absence of a cadastral passport for the plot he owns.

Possible scheme for selling a land plot without a cadastral passport through the MFC:

• conclusion of a purchase and sale agreement, donation;
• registering it at the MFC (multifunctional center);
• payment of state duty;
• preparation and provision of a package of title documents;
• application for re-registration of land plot.

Note! Practice shows that the estimated cost of a land plot with or without a building is lower in the absence of a cadastral passport. They are more willing to purchase property with a full package of documents and registration in Rosreestr. Depending on the region, difficulties may arise in completing the transaction.

Important! Agreements and legal acts are drawn up through notary offices. Registered in the MFC, branches of Rosreestr.

To register with a notary, you need a package of documents:

• passports and TIN of the buyer, seller;
• consent of the spouses of both parties, documents confirming the marriage or its dissolution;
• if the transaction is carried out by a representative, then a notarized power of attorney is required;
• a document from the seller establishing ownership rights;
• a certificate certifying the absence of encumbrances on the property;
• a document that confirms whether the house or buildings are owned;
• provide an expert estimate of the cost of the plot.

The best option for transferring property in the absence of a cadastral passport is a gratuitous donation agreement.

Purchase risks, possible consequences and problems

Buying a plot without land surveying has risks; as a rule, they are associated with the boundaries of the land. Since there is no boundary plan agreed upon with the owners of neighboring plots, on which the coordinate points of the boundaries of the land plot are marked, neighbors may make claims regarding the topographic location of the boundaries. This will not be revealed immediately, but when the new owner decides to carry out land surveying

.

More information about how boundaries are coordinated and what rights the owners of neighboring plots have can be read in the article: “Demarcation of a land plot without the consent of neighbors.”

Buying a plot without land surveying is only at first glance a profitable deal (usually such plots are sold at a reduced price), because in the future, when trying to carry out land surveying, the owner may face financial problems. It is possible that the former owner could not carry out land surveying due to the fact that he could not agree on the boundaries of the plot with the neighbors, so he sells it (along with the current problems).

Is it necessary to coordinate land surveying with neighbors?

Every owner of a land plot sooner or later is faced with the need to determine boundaries. But increasingly, neighbors become the “stimulus”. More precisely, their areas. There is a separate article in the Federal Law stating that the clarification of the boundaries of the site must be agreed upon without fail with interested parties, which are the neighbors. The question is, what do you lose or what do you gain when agreeing, but more on that below (about the benefits of land surveying).

Coordination of the boundaries of a land plot and the preparation of a boundary plan are required only when the general boundaries of land plots have not been agreed upon with neighbors. This procedure consists of signing the act by all interested parties (neighbors of adjacent plots, members of a garden cooperative). You can notify your neighbors either by mail or by organizing a general meeting. In this case, everyone must appear according to the notice. Consent or copies of notifications are filed with the land survey file. This measure becomes a guarantee that, in the future, your neighbors will not file a lawsuit for disagreement with the boundaries of the site. Most of these claims indicate that the owners of adjacent plots illegally seized meters of land that did not belong to them.

If the neighbors turned out to be short-sighted and at one time agreed to the land survey, and are now ready to abandon their decision, then the attached documents, certified by the signature and seal of a notary, will protect you from legal costs.

If it is impossible to find neighbors, it is necessary to advertise in the newspaper that land surveying is being carried out on a specific plot of land, also indicating the time and place of the procedure. If no contradictions are received within a month, then the boundaries are considered automatically agreed upon.

What is the use of land surveying today and how to get free acres

First of all, this race is stimulated by our neighbors in the area, and according to the simple principle, whoever did the land surveying first gets additional acres. Therefore, the benefit is obvious and the chance to “snatch” more acres increases for those who are ahead of their neighbors. For years there has been an intense struggle for every centimeter of fence installation. In addition, the law allows for the annexation of up to 10% of the site area during land surveying, if no one claims this part.

Pros of land surveying:

• There is a category of land plots to which, by law, it is possible to freely add nearby land. The category of plots depends on their intended purpose, and in order to carry out such an extension, you need to know exactly the boundaries of your plot. The cut is equal to 10% of the total area of ​​the land plot and can be up to 6 acres. Of course, in this case it is impossible to do without land surveying, establishing the actual boundaries of the site, collecting documents and registering land additions within the framework of the norm available by law.
• If the land plot is inherited by the heirs, in this case land surveying is also mandatory. Land surveying will take place according to the share of each heir by law or will. This is necessary in cases where part of the plot will be alienated to another owner and, of course, for the construction of buildings on their shares. To do this, carry out land surveying as soon as possible and prepare the necessary documents to secure the established boundaries of the land plot. It's simple!
• Conflicts often arise between neighbors over boundaries, and it happens that the plot belonged to grandparents, they were so friendly with the neighbors on another plot that they did not put up a fence and went to visit each other across the plot. Then these two plots were inherited and the heirs now cannot understand where and whose plot is. This is where land surveying and establishing the actual boundaries of these two areas is necessary. What to do in such controversial situations? Just quickly carry out land surveying and establishing boundaries.
• When a gardening partnership develops new lands, it is necessary to survey and allocate a plot of land according to the plan. Land surveying is also mandatory to establish the boundaries of each plot and determine its area.
• When constructing large and expensive real estate objects, surveying the land plot on which such an object is being built is mandatory. This is necessary to register the property. “PRAVOZEM” will help in preparing documents and conducting land surveying at such sites.
• If a piece of land has a complex geometric shape, then it is simply impossible to determine its boundaries and exact area without specialist surveyors. In this case, by contacting “PRAVOZEM” you can be firmly confident in the accuracy of determining the boundaries and area of ​​your land plot, no matter what its geometric shape.
• And no matter who says that land surveying is not necessary when conducting real estate transactions, it will be much calmer for the buyer to complete the transaction. Therefore, owners are most often ready to overpay for a set of land surveying works before selling, just so as not to lose a client and in the future the new owner in different situations with neighbors will not have problems with boundaries and area!

However, everyone knows that haste during land surveying gives rise to cadastral errors and overlays, the elimination of which is difficult and very time-consuming. Such cases have been pending in the courts for years.

Errors in land surveying and overlap of neighboring areas

Errors can be of a chain nature. This is when a topographic survey was made incorrectly for the very first section, and the remaining sections were measured relative to it. In the end, the one who carries out the land survey gets a plot with a smaller size or everything that remains in the block. And no one is interested in “unwinding this ball” back. Neither the engineers who carried out this work, nor the neighbors who have already begun construction on their plots will help the latter.

These problems can be solved through painful trials, persuasion from neighbors, and success is not always guaranteed. It takes months for employees of more experienced organizations, like Pravozem, to analyze the situation and draw up a new project. During the formation of the project, documents confirming the presence of an error are re-prepared to challenge the result of boundary determination and litigation with neighbors. This begins the long process of eliminating the error.

Errors identified during land surveying are divided into cadastral (registry) and technical. Technical errors include clerical errors, typos, grammatical or arithmetic errors made due to the human factor when transferring information to the Unified State Register of Real Estate.

Cadastral errors are considered more serious; they arise when a surveyor uses outdated equipment that allows for a large percentage of error, indicates coordinates “by eye,” incorrect mathematical calculations, draws up a boundary plan without visiting the site, etc. Often the consequences of such errors are:

• Overlapping of land plots (the area of ​​one plot is increased at the expense of the neighboring one). Leads to problems when planning construction, since it is impossible to maintain the correct indentations.
• Striped. There remains a strip of “no man's land” between the plots. Rosreestr will not allow such a boundary plan, and therefore, it will not be possible to complete cadastral registration.
• Shifting boundaries. The point is that if there is an error in the boundary plan of one section, the entire rest of the row begins to move. So, the last owner in the row has a significantly reduced area, since there is nowhere else to move.
• Turning around the land. Occurs due to an error in determining directional angles. As a result, it often turns out that, according to Rosreestr, the site intersects with a road or public land, which is unacceptable.
• Departure of the land plot. It is a consequence of incorrect determination of coordinates; as a result, the site ends up several kilometers from its current location, sometimes even in the territory of another cadastral quarter.

To eliminate the error, you will need to re-prepare the land survey file and double-check the title documentation of all areas. Violations are revealed not only in the field of cadastre and distribution of plots, but also deliberate mistakes of land users. After submitting the documents, a decision is made to clarify the boundaries of the site. If an error was made before the legal right came into force before registration of the boundary plan, then instead of an application to correct such an error, it will be enough to write an application to change the information on the site yourself. But in words it is much simpler than in reality. Therefore, getting ahead of your neighbor and completing land surveying is a natural solution and the primary task of the site owner today.

What awaits owners of unmapped land plots?

We advise you to read the key points of this order and be sure to carry out land surveying as soon as possible, thereby protecting yourself from the legal side in relation to real estate. Moreover, land surveying is required before conducting legal transactions with property. Also, lawyers do not recommend neglecting the urban planning plan of the land plot before construction. Once the building permit is cancelled, it is no longer needed. However, do not forget that it clearly shows the area of ​​permissible placement of the house relative to the road, adjacent areas, utilities and encumbrance zones.

Cadastral engineers of the Pravozem Academy of Sciences carry out land surveying urgently and routinely. We have high-precision satellite equipment at our disposal, which guarantees the absence of errors. The service includes visiting the area, conducting contour surveys, determining boundaries, drawing up an agreement and drawing up a boundary plan. We also formalize the consolidation, redistribution and division of plots, including those in shared ownership. More information about the land surveying service, prices and terms can be found at the link

Privatization of the site

Since the answer to the question “is it possible to buy a plot of land without land surveying?” positive, many citizens think that it is also possible to buy a non-privatized land plot (this misconception is due to the fact that land surveying is done for privatization, and if it is not necessary, then privatization is supposedly not necessary).

Privatization of real estate is a condition for the implementation of a purchase and sale transaction. It is in the interests of the seller to oblige the owner of the land plot to privatize it (this does not require land surveying). Purchasing non-privatized real estate is an illegal enterprise; such a transaction cannot be notarized and formalized at the MFC .

Having the title documents in hand, the owner must write an application for privatization, in which he indicates the property, the period of ownership and provides evidence that he has not previously used the right to privatization. The municipal authority will consider the application and issue an administrative act (will approve the application for privatization without a boundary plan)

. Approval of an application depends on two factors:

• whether the plot is covered by the dacha amnesty;
• Is privatization allowed in the region without land surveying?

In many regions of the Russian Federation, the land surveying procedure is mandatory for registering ownership of real estate.

Next, the owner needs to contact the Cadastral Chamber, provide a civil passport, a decision of the municipal authorities to authorize the privatization of the site, and an extract from the Unified State Register of Real Estate. Upon completion of the operation, the citizen will become the full owner of the land and will be able to sell it.

Is it possible to register land as a property without land surveying?

Land registration involves several stages :

• submission of all documents to Rosreestr;
• writing an application;
• payment of state duty.

The presence of a boundary plan or cadastral passport will make the registration complete . That is, all information about the site, the coordinates of its boundaries and the boundary plan will be in the Rosreestr database. When selling a plot, the buyer will know exactly its characteristics.

How to register a plot of land for cadastral registration

In order to register a plot of land for cadastral registration, you need to provide a package of documents to the state cadastre department at Rosreestr. Cadastral registration is the entry of information about any property, including land plots. To collect this information, a specialist must go to the site .

The cadastral engineer determines the coordinates of the land boundaries and registers all the information received in acts and other documents that are submitted to Rosreestr. Then the documents are processed and the plot acquires a cadastral number. And all other data is entered into the database.

Read more about cadastral registration here.

How to get a cadastral number

The presence of a cadastral number indicates that the land plot is registered in the cadastral register . All documents relating to this site have a cadastral number. With it, any property can be identified faster and easier, since it is not repeated anywhere.

A unique cadastral number can now be obtained not only after the land surveying procedure. Read more about obtaining a cadastral number here.

But there are exceptions. There are a small number of sites left that are registered in various information systems.

But at the same time, the citizens who are the owners of this land have not officially registered their ownership. We are talking about plots with the right of permanent, unlimited use.

The issuance of a cadastral passport for a land plot was possible without land surveying. In this case, the document contained a note that “the boundaries were not established in accordance with the requirements of the law.”

Obtaining a certificate of ownership

A certificate of ownership of a land plot could be obtained without land surveying.
Owners often have a question: do they need to do it now if they already have a document?

Using the services of a cadastral engineer and determining the coordinates of the boundaries of a plot is sometimes forced by the wishes of the buyer, who wants to know exactly what he is buying.

Rosreestr stopped issuing Certificates printed on stamp paper in 2021.

Now an extract from the Unified State Register serves as a document confirming ownership. It is printed on plain paper, A4 size.

Now Certificates are not issued, and acquisition of property rights is impossible without land surveying . This means that it will not be possible to bypass this procedure when purchasing a plot.

Summing up: advice to buyers

The purchase and sale of land without land surveying is a legal procedure. There are not very many buyers for such property, because citizens understand the consequences of purchasing such land. The article contains enough information to warn readers against making a rash purchase.

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Advice: if you are interested in a plot without land surveying, try to convince the seller to carry out the procedure for clarifying the boundaries. As a last resort, you can conclude a preliminary purchase and sale agreement, which sets out the condition that you undertake to sign the main agreement immediately after the owner carries out land surveying
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The document can also indicate that the costs of the cadastral engineer’s services will be paid by the buyer
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If the seller refuses such an offer, you can be sure that everything is not simple with the land plot and it is not profitable to buy it
.

Risks of purchasing a plot without land surveying (probability) in 2022

The risks of buying a plot without land surveying may lie in subsequent problems with neighbors. If they want to mark territorial boundaries

. If there is a desire to sell this object to another person, the transaction may not take place. In any case, you will need to carry out land surveying and seek the services of a geodetic company, and this is also not free.

What is it and general provisions

Land surveying is a mandatory procedure for legalizing property, selling and conducting other transactions. What does this give? And the fact that not a single neighbor can, by “mistake,” occupy several hectares of land and also install a fence

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Therefore, to prevent this from happening, they install the last points of the territorial border, draw up and install a fence
. All! Now you can freely dispose of the object. Sell, donate, and so on.

Who to contact : notary, realtor, geodetic organization. They can carry out similar procedures. But only a certified specialist with a set of the required tools to carry out accurate calculations can engage in land surveying.

Important notes when purchasing a plot without boundaries

The law does not prohibit the sale of real estate without clearly defining boundaries. Especially when it comes to the construction of a new residential complex or dacha cooperative

. The site is simply divided into several zones, but without legal registration.

You should pay attention to the following things:

• Check documents for data compliance. To do this, you will definitely need to go to the site. Having measured the object, compare the obtained data with those recorded in the cadastral documents
  . If there is a clear discrepancy, ask the owner to comment on what he will say.
• Compliance with location. Fraudsters hone their skills on each client
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  And in order not to fall for their tricks, you should check the address
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  It also happens that the documentation indicates one address of the site, but the buyer is invited in a different way
  . If the same is true here, it is better to immediately abandon this object.
• Check the presence/absence of onerous acts. To get a large loan, people turn to a financial credit organization
  . And everything would be fine, but in the overwhelming majority of “black” realtors manage to sell problem areas to citizens who openly trust people without thinking about tricks on their part.

If you like the plot and are happy with everything, but there is no land surveying, you can buy it. When you draw up a purchase and sale agreement with the seller, be sure to check the presence of the clause

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It must indicate: the seller will pay money for the purchase after the owner has carried out land surveying
. After completing this, you can proceed to the subsequent steps, registering ownership and closing the deal.

It is not recommended to carry out construction work on the site due to the lack of clear boundaries. There is a high probability that the red line of the site will be violated. And when completing the documents, the administration will oblige you to move the foundation to another place, or completely demolish the building

. This is where you can suffer greater losses than simply purchasing it.

Main conditions of the procedure

In order for everything to go without a single incident, it is necessary to invite a surveyor from a trusted company to carry out land surveying, and entrust the collection and preparation of documents to a certified lawyer. And everyone will mind their own business.

The survey plan is prepared on the basis of a contract. Concluded with the owner of the land plot

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The boundary plan form can also be obtained electronically
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If a paper copy is fundamentally required, this condition must be stated in the contractual agreement. Therefore, before moving on to close cooperation with this specialist, make sure of his career guidance
. He must have the appropriate documents.