Land surveying in SNT is necessary not only in order to know your boundaries, but also to avoid disputes with neighbors, as well as in order to prepare the necessary documentation for the land. This seemingly simple procedure has a number of features. New trends in land legislation, in particular the adoption of Law 217-FZ “On Horticulture and Horticulture,” which entered into force on January 1, 2021, have made adjustments to the land surveying procedure. We will analyze in more detail what features of land surveying in SNT are fixed in 2021.
Legislative regulation of the issue
Federal Law No. 66-FZ of April 15, 1998 “On gardening, gardening and dacha non-profit associations of citizens” is a document that defines concepts and regulates relations in SNT.
The law provides for the possibility of owning a land plot that is located on the land of the partnership. Registration of the treasured acres into individual ownership is not excluded.
This means that in order to carry out transactions with land plots (sale, donation, inheritance), a cadastral plan and registered boundaries of the plot will be required.
On July 29, 2017, the president signed Law No. 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs and on the introduction of amendments to certain legislative acts of the Russian Federation", which will come into force on January 1, 2021.
This legislative act amends the current legislation and determines the prospects for the development of gardening and vegetable gardening associations.
How to carry out the land surveying procedure in the absence of documents
Difficulties sometimes arise with completing the full package of documentation. Some documents are lost, some become unusable. Naturally, without identification and title documents, an application for land surveying will be rejected. Such documents are restored in advance in the manner prescribed by law.
However, as regards certificates and extracts from the SGRKK, BTI, the situation here is simplified. Engineers who carry out land surveying will be able to help with these documents. In this case, an additional cost is paid, the amount of which is determined by the contractor.
Mandatory or not?
Current legislative acts provide for an independent voluntary decision by the owner of a land plot, which is the property of associations and partnerships, to survey his plot.
From January 1, 2021, the situation will change; garden associations will be required to determine the boundaries of the plots that are part of the common property. This means that the participants of the partnership, the owners of the land, will be required to pay for the services of establishing the coordinates of the boundaries of the plots.
Copy from the general plan
A copy from the master plan of a land plot is needed for planning individual housing construction, zoning the site and presenting it (based on relevant requests) to employees of regulatory authorities.
Copying is a document reflecting all geodetic work carried out on a given land. It is a map that contains information about neighboring areas, settlements, natural objects (reservoirs, etc.), power lines, etc.
You can obtain this document from the municipal architecture department by providing:
- Statement.
- Extract from the Unified State Register for real estate.
- Legal documents.
- A copy of your passport or organization card.
- Receipt for payment of state duty.
Why carry out the procedure?
Land surveying is the process of establishing and fixing the boundaries of land plots with reference to the terrain, determining the coordinates of boundary points and consolidating this data in a boundary plan.
A clear understanding of the location of the boundaries of plots shared by numerous neighbors in associations and partnerships involved in gardening and horticulture allows you to:
- increase the ownership area by 10%;
- avoid sanctions when building a house (the law prohibits building walls closer than 3 meters from the border of the site);
- ensure the integrity of the site;
- avoid disputes with neighbors claiming adjacent square meters.
Terms and cost of surveying
The price for cadastral work to clarify boundaries differs in different regions.
In Moscow and St. Petersburg, clarification of boundaries will cost landowners from 12 thousand rubles. At the same time, the volume of work, the area of the site and its location can affect the cost of the services of a cadastral engineer. As for the timing, much depends on how long the owner will fill out the approval act. On average, work lasts from two weeks to several years, depending on the specifics of each case. For example, a lawsuit regarding the correction of an error in the surveying of adjacent plots, which does not allow the customer to clarify his plot, significantly delays the time for receiving an extract from the Unified State Register with coordinates.
Read: How to formalize a land purchase and sale transaction?
Border delineation at the expense of the state
Federal Law No. 447, adopted in 2014, provides for the possibility of carrying out land surveying procedures at public expense.
This becomes possible in the case of complex cadastral work after the federal budget allocates subsidies to the constituent entities of the Russian Federation in accordance with the federal target program for the development of the accounting and registration system.
Carrying out cadastral work is regulated by Federal Law No. 221 of July 27, 2007, Chapter 4,.1 “Complex cadastral work.” Law No. 218, which appeared in 2015, introduced changes to the activities of the State Real Estate Cadastre (GKN) and the Unified State Register of Real Estate.
What is land surveying
A large legal dictionary defines procedure as follows. This is a set of measures aimed at establishing the area, shape and location of a land plot for the purpose of its further targeted use and identification among similar real estate objects.
In 2021, the process follows the following principles:
- the interested person must independently contact a geodetic company, which can be private or public (the choice of the competent authority is the authority of the interested owner, but it is better to contact state-owned companies, since private companies arise and disappear very quickly, so there is a risk that if errors are identified, claims can be made there will be no one);
- Employees of the technical inventory bureau are first invited to the site, drawing a schedule of the site and the location of all real estate objects on it;
- During land surveying, neighbors must be present to confirm their consent to the procedure.
If all surrounding plots have already been privatized, then agreeing on boundaries with neighbors is a formality, since the land cadastre will be guided by existing boundaries when preparing documents.
Procedure in SNT: where to start and how to register?
The following will inevitably be involved in the procedure for surveying a land plot that is part of the SNT lands: the board, the local administration and the owners of neighboring plots,
The procedure for a potential land owner is as follows:
- Contact the local administration for permission to register the land owned by SNT as property. To speed up the receipt of a response, you should prepare and submit with the application documents confirming the absence of debt, right of ownership, and constituent documents.
- Call a cadastral engineer. Government agencies can also carry out cadastral valuations for free, but this may require much more time than providing the same service for money. In any case, the specialist’s qualifications are confirmed by his license.
- Notify the owners of neighboring plots about the planned land surveying procedure. You can get the addresses of your neighbors at the Cadastral Chamber. A written notice sent to the received address with notification is sufficient (Part 3.14, Article 17 of Federal Law No. 217 of 00.29.2017). The deadline for informing interested parties is set at least 7 days before the start of the procedure.
HEALTHY. There is no need to inform neighbors if all adjacent areas have already undergone the land surveying procedure and their boundaries have been defined and fixed.
- Pay the state duty for actions performed by the State Register. The fee for individuals is 2000 rubles.
IMPORTANT. If any of the interested parties do not agree with the results of determining the boundaries, they (the party) can declare their disagreement to Rosreestr. The document will be attached to the entry entered into the state real estate cadastre and will be stored until a decision is made by the court.
As a result of all the activities, the land user will receive a boundary plan. After entering the data into the Unified State Register of Real Estate, he will receive the status of a landowner and the opportunity to build a house surrounded by a fence within the agreed boundaries.
Coordination of boundaries with neighbors
When agreeing on the boundaries, the owner of the adjacent plot puts a signature in a special act, which confirms his agreement with the location of the common boundary between adjacent lands. If the neighbor has already carried out land surveying, his signature on the act is not required, since the common boundary has already been established.
If you cannot contact your neighbor, it is permissible to submit a notice to the newspaper about the approval of plots (the address and cadastral number are indicated). After 30 days from the date of publication, if no objections are received from neighbors, the boundary is considered agreed upon.
Only in gardens it is allowed to submit notices to the newspaper without prior mail notification with a receipt stamp.
Disadvantages of agreeing boundaries through a newspaper:
- The survey period will be extended for another month.
- The customer will bear the costs of publishing the advertisement.
The advantage of the publication is the opportunity not to depend on the owners of adjacent plots with whom it was not possible to negotiate individually. Rarely does anyone pay attention to such advertisements, so, as a rule, no objections are received.
Required documents
To establish the boundaries of a land plot, the following documents are required:
- a document confirming the ownership of the site;
- history of ownership from the moment of its origin (certificate of receipt of the allotment, gift agreement, decision of the local administration);
- scheme of SNT lands with the signature of the certifier - a representative of the board;
- minutes of the meeting to confirm the consent of the plot owners.
It is possible to collect the necessary papers and carry out work on the ground with the help of a cadastral engineer within a month.
It will take another month to notify neighbors about the approval of boundaries.
The Importance of Formal Boundaries in Garden Cooperatives
First of all, land surveying guarantees the protection of the property interests of land users. Therefore, every tenant should consider participating in activities. In particular, previously completed work will serve well in the following situations:
- eliminating possible conflicts between neighbors (especially when boundaries are established for all areas within the cooperative);
- identification of vacant land plots that can be used in the future by members of the cooperative or can be registered in the name of individuals (by mutual agreement);
- obtaining the right to sell a plot of land, since without prior land surveying it will no longer be possible to put the plot up for sale;
- establishing the boundaries of lands that do not have a symmetrical shape (neighbors are unlikely to be able to divide such an allotment on their own, so there is a need to attract specialists with special equipment);
- the beginning of construction work when it comes to capital real estate (after completion of construction at the stage of legalization of the building, as well as upon prior receipt of permission for construction work, an accurate graphic representation of the plot indicating the coordinates on the ground will be required).
The sooner the survey is done, the better. This is due to the fact that the procedure is not carried out urgently. So, the entire process can take up to two months, taking into account the preliminary call of BTI specialists.
Laws and regulations
We can find out information about this procedure from the following regulations:
- Law No. 218
- Federal Law of the Russian Federation No. 221
- Federal Law of the Russian Federation No. 93
- Land Code
- Federal Law of the Russian Federation No. 78
In these regulations we will find all the rules related to land surveying, documents, as well as the contents of the contractor’s report. In addition, the documents contain the requirements for preparing the plan. The boundary plan is drawn up after all the necessary measurements have been received. The boundary plan itself is needed in order to register the site, as well as formalize ownership of it.
If you contact our company, our professionals will collect all the necessary information for you and carry out land surveying work within a strictly defined time frame, in compliance with the law.
