It is impossible to sell, buy, donate, lease a plot of land or build new facilities on it without establishing precise boundaries. Now owners cannot fully manage their land without land surveying.
Clarifying the exact coordinates of the boundaries of the site is a simple procedure if it is carried out by certified surveyors and cadastral engineers with a valid license, otherwise the survey will be declared invalid. When leaving, the surveyor conducts a contour survey of the land plot and determines the coordinates of turning points along the fence. Next, the cadastral engineer compares the information received with the cadastral plan of the territory, creates a boundary plan, and then draws up an act of approval with adjacent land users. This is a classic scenario for the land surveying procedure.
However, as practice shows, this does not end there. Most often, the actual boundaries do not coincide with the information from the cadastral plan. Either you have gone beyond the boundaries of the site, or your neighbor has grabbed a piece of your land and does not want to return it, and then there is no need to talk about coordinating the boundaries. Thus, it will not be possible to draw up a boundary plan without correcting the cadastral error and resolving the conflict with neighbors.
Law on land surveying
The coming year has brought the residents of our vast Motherland not only certainty for the next six years, which is certainly a positive thing, but also one not very pleasant surprise.
Although it is quite difficult to call it a surprise, because the regulations that came into full force in March 2018 were adopted more than five years ago - in 2012.
The main one of these legal acts can be called the order of the Government of the Russian Federation dated December 1, 2012 No. 2236-r. By this decree, the government approved an action plan (“road map”) “Improving the quality of public services in the field of state cadastral registration of real estate and state registration of rights to real estate and transactions with it.”
The rules listed in this complex document, which occupies more than a hundred pages, were introduced in stages. And so, starting in March of this year, a rule came into force according to which owners of land plots in respect of which the land surveying procedure was not carried out will not be able to take any actions with this real estate object.
Simply put, the owner of a land plot that has not undergone the survey procedure will not be able to sell, donate, or bequeath the land plot. It also became impossible to build any real estate objects on such a plot of land and subsequently register them.
The above rule applies equally to all owners, without making any exceptions. Before the land surveying procedure, any transactions with the land plot will be impossible.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
How to agree on a land survey without neighbors
All owners of adjacent land plots must be notified of the planned land survey. You can hand-deliver the notice to your neighbor against a personal signature, by registered mail, or submit the publication to a newspaper if there is no information about the neighbor. An announcement about the upcoming land survey is submitted to the local press, moreover, a month before the procedure. If the neighbors received notifications, but did not show up on the specified day for cadastral work, the boundaries are considered agreed upon. Coordination can be carried out collectively by bringing neighbors together. After discussing the established boundaries with the cadastral engineer, adjacent land users sign an agreement.
There is no need to coordinate boundaries with adjacent land users if their plots are demarcated. You can find out whether a neighboring plot has been demarcated by using a public cadastral map. To do this, you need to know the cadastral number of the plot or address. The area whose area is indicated as “declared” is not demarcated. Information from the public map is not always up-to-date and is of an informational nature, and therefore is not suitable as official information. It is safer to order an extract from the Unified State Register of Real Estate: it contains up-to-date information at the moment.
What is land surveying
During the process of land surveying, specialists will carry out work during which the boundaries of the land plot being delineated are determined or restored.
During the land surveying procedure, the area of the land plot, as well as other characteristics, will be determined. At the end of the land surveying process, the citizen who ordered it will receive a document in which all the data and indicators of the site will be legally formalized.
Construction of a garage on the border of the land plot.
What to do when imposing boundaries of land plots, read here.
How to legalize self-construction on a plot of land, read the link:
Attention! It must be especially emphasized that only those companies that have a valid license allowing them to carry out engineering and geodetic work have the right to carry out land surveying work.
If we describe the process of land surveying in a simplified manner, it will be carried out according to the following scheme:
- An employee of a geodetic company arrives at the land plot to be surveyed. Using a special device connected to the system of the Federal Service for State Registration, Cadastre and Cartography, an employee of a geodetic company will determine the boundaries of the demarcated area;
- After the boundaries of the demarcated area are determined using the device, the employee drives pegs at these boundaries, which are connected to each other with twine. This action allows you to clearly see the boundaries of the demarcated area;
- after the two steps described above have been completed, an employee of the geodetic company draws up a land surveying act. The drawn up act is sealed with the handwritten signatures of the employee of the geodetic company who carried out the survey, the owner of the surveyed plot, as well as the owners of neighboring land plots;
- After work on the ground is completed, employees of the geodetic company prepare a boundary plan. When the plan is ready, the owner of the land plot subjected to surveying will be able to obtain it from the office of the geodetic company.
Coordination with neighbors
After the owner of the site has entered into an agreement with a geodetic company to carry out survey work, it is necessary to notify the owners of neighboring sites about the date and time of the survey work.
Notification of survey work must be sent by the owner of neighboring plots no later than ten days before the date of survey. Notifications can be sent either by the owner of the land plot being surveyed or by the surveying company that will carry out the survey work.
The notice must be in writing. It can be addressed both individually and generally. The text of the notification must clearly indicate the date and time of the land survey work, as well as the fact that the recipient of the notification is invited to participate in the survey work with the subsequent signing of the survey act.
The notice must be served on all owners of land plots adjacent to the boundary. To confirm the fact of receipt of the notification, the signatures of all addressees should be collected on one copy.
A copy of the notice with the signatures of the owners of neighboring land plots is handed over to the employee of the geodetic company who arrived to carry out the survey.
If the owners of neighboring plots, notified of the date and time of the survey procedure, do not appear, this cannot be grounds for canceling the survey.
The survey will be carried out without their participation. The current legislation of the Russian Federation provides such an opportunity.
We recommend that, before carrying out land surveying, you personally talk with the owners of neighboring land plots, explaining the need for this procedure. Such conversations help avoid misunderstandings and reduce the likelihood of conflicts with the owners of neighboring land plots.
Land surveying when purchasing a plot
Land surveying is required both in transactions involving a notary, and for approval of a mortgage loan for the purchase of a land plot; the bank will necessarily require a document confirming the presence of land surveying, and even when signing a purchase and sale agreement in simple written form.
When purchasing land, clients first ask whether land surveying has been carried out. No one wants to take on the costs of this procedure and the risks associated with its absence, for example, border overlays. It is better to determine the boundaries of the land plot once and not create unnecessary problems for yourself. This is the main requirement of a notary when registering a transaction, and besides, the price of a plot rises significantly if its boundaries are defined.
When customers do not know whether they have had land surveying done or not, cadastral engineers, in a personal conversation or in consultations on the website, help determine this using a cadastral map. Knowing the cadastral number, the engineers of AN Istrariel will help you find out whether the boundaries have been clarified and will suggest the maximum cost of such a plot.
Prohibition on sale and other manipulations with land without arpantage
It was known back in December 2012 that the presence of a survey would become a prerequisite for carrying out any operations with land plots.
It was then that the Government of the Russian Federation adopted Decree No. 2236-r dated December 1, 2012, which approved the action plan (“road map”) “Improving the quality of public services in the field of state cadastral registration of real estate and state registration of rights to real estate and transactions with it "
Important! A complete ban on transactions with land plots that have not undergone the survey procedure came into force only in March of this year. And, surprisingly, it came as a surprise to many land owners who simply did not know about the need to carry out land surveying.
This has led to the fact that owners of land plots that have not undergone the survey procedure, while retaining ownership rights, cannot fully manage their own land plots.
A plot of land that has not undergone the survey procedure will not be able to be sold or donated. In the case of construction of real estate objects on such a land plot, it will be impossible to carry out the registration procedure for newly constructed objects.
Surprisingly, land owners were in no hurry to carry out survey work. Despite the fact that more than five years were allotted for the mandatory land surveying procedure, land owners waited until the last minute, hoping that the state would lift the ban.
And many did not even know about the existence of such a norm.
Attention! Let's take a closer look at what actions the owner of a land plot that has not undergone the survey procedure will not be able to perform:
- sell land;
- donate a plot of land;
- use a land plot as collateral;
- transfer a land plot by inheritance, regardless of whether this inheritance is by will or by law;
- carry out work on the construction of real estate objects on the land plot;
- rent out a plot of land.
Despite the seriousness of the restrictions introduced, land owners are still in no hurry to carry out land surveying.
According to employees of geodetic companies, a boom in land surveying work should be expected no earlier than the third quarter of this year, when a significant number of land owners will already be faced with the restrictions introduced and realize the need to carry out survey work.
Watch the video. Surveying in 2021:
How to check
Due to the fact that there are cadastral documents for the plot, confusion occurs when the owner does not really know whether the coordinates of the boundaries have been determined on his plot.
There is no need to re-survey; sometimes it is enough to find documents . Bringing boundaries to the ground according to documents will cost much less.
Another reason why people are interested in whether the plot has been demarcated is the acquisition of land ownership.
Buyers are interested in whether it is possible to find out the fact of land surveying by the cadastral number.
So, you can check whether the procedure was carried out in the following ways.
Rosreestr offices
Most often, the branches of the cadastral chamber are located in the offices of Rosreestr, which is now in charge of the cadastre. Occasionally, in large cities, it is possible to operate separate cadastral chambers.
In order to receive a boundary plan, if there is one, it is enough to write an application, present a passport and a Certificate of Ownership. In your application you must indicate what type of document you want to receive: electronic or paper.
The results are issued only to the owner or his representative . The service is paid.
Extract from the Unified State Register of Real Estate
You can find out about land surveying to third parties from the USRN extract. To obtain it, it is enough to present your passport, a receipt for payment of the state fee and write an application. If the document is marked “without defining boundaries,” then there was no land surveying.
Rosreestr website
Information about land surveying can also be obtained online through the official website of Rosreestr. A special application form is filled out with a request to provide documents. If you need an electronic document, then indicate the email, a paper one - you need to get it at the office. The service is paid, only the owner can use it.
Anyone can receive an extract from the Unified State Register for the site, from which you can find out whether the land surveying procedure was carried out. You can receive it electronically without leaving your home. To do this, you need to fill out an application indicating the cadastral number and pay for the service with a bank card. The electronic version of the document is cheaper than the paper version .
MFC
Recently, MFC or “My Documents” have successfully replaced many state or municipal institutions.
The procedure consists of the same steps as in Rosreestr.
On the Public Cadastral Map
Upon request, the map provides free brief cadastral information about the property. Just enter the cadastral number in the search window and click “find”. The cadastral number is a reliable way to identify a plot in Rosreestr. With its help you can find out brief information about the object, including land surveying.
An electronic document is cheaper, so it is better to order it. Another advantage is the urgency of the service: from 5 minutes to 24 hours .
Current restrictions on areas without land surveying from 2021
As mentioned above, employees of companies involved in land surveying expect a large influx of clients wishing to survey land plots towards the end of the year.
Expectations are explained by the fact that not all land owners have already encountered restrictions. But by the end of the year, the information that it will be impossible to make any transaction with a land plot that has not passed the land survey procedure will become more widespread.
The restrictions imposed on land plots affected not only transactions, but also construction work. If there is no boundary plan for the land plot, it will not be possible to register the real estate object built on the site.
Restrictions for areas that have not undergone the survey procedure are becoming more widespread.
For example, owners of such plots will not be able to:
- register erected buildings and structures;
- arrange a mortgage or pledge using the land.
Note! Regardless of whether a land plot that has not undergone the survey procedure was intended for individual housing construction or personal subsidiary farming, a citizen will not be able to obtain permission to erect buildings and structures of any purpose on the site.
Such restrictions are due to the fact that buildings and structures erected on a land plot that has not undergone the land survey procedure cannot be linked to the land plot, since there are no specific coordinates determined during land surveying.
Border mismatch after surveying
There are often cases when, upon completion of cadastral work, it turns out that the area of the demarcated plot turned out to be smaller or larger, and does not coincide with the cadastral map. If the boundaries do not match, the cadastral error will have to be corrected, even if your neighbor suffered property damage.
If you “use” someone else’s land, you will have to return it to its previous boundaries. And vice versa, if a mistake was made when surveying a neighboring area. If the relationship between the owners is friendly, the situation can be resolved peacefully. The engineer draws up one boundary plan to correct the cadastral error, and the missing land is returned to its owner. In cases where this cannot be done without damaging buildings on the “used” site, it is possible to compensate for the captured territory by giving away a commensurate plot of land on the other side of the property.
If it is not possible to resolve the dispute peacefully between neighbors, the existence of a cadastral error will have to be proven in court.
Necessary documents for land surveying
Let us emphasize once again that only those geodetic companies that have received a license to carry out the corresponding type of activity have the right to carry out work on land surveying.
Before concluding an agreement with a geodetic company to carry out land surveying work, be sure to check the license.
After the contract for land surveying work has been concluded, the surveying company will need to provide the following materials:
- a copy of an identity document drawn up in accordance with the norms of the current legislation of the Russian Federation if the customer of the land surveying work is an individual. If land surveying work was ordered by a legal entity, then you will need to submit constituent documents and their copies certified in accordance with the requirements of the current legislation of the Russian Federation;
- materials confirming ownership of the land plot in respect of which the survey procedure will be carried out;
- title documents for the land plot;
- a copy drawn up in accordance with the requirements of the current legislation of the Russian Federation from the general plan of the area on which the boundary land plot is located;
- cadastral passport of the site in respect of which land surveying work will be carried out, and a plan of the territory;
- application for carrying out work on land surveying.
Sometimes, to carry out land surveying work, employees of a geodetic company may request a number of additional materials.
When concluding an agreement to carry out land surveying work, employees of the geodetic company will provide the owner with a complete list of materials that will need to be provided to carry out land surveying work.
At first glance, the land surveying procedure seems very simple. But this impression is very misleading. Indeed, in the course of land surveying work, the interests of the owners of neighboring plots of land may be affected. But there are not always good relations between neighbors.
There are many examples when very serious conflicts flared up in the process of land surveying.
ATTENTION! Look at the completed sample application for land surveying:
Case studies
In recent years, land plots with and without land surveying have raised numerous questions among owners. Below are the most frequently asked questions.
Question: If there is a site plan, is it necessary to do land surveying?
Answer: The procedure may not be carried out if no transactions with the plot are planned. If you have a plan, you do not need to re-order the service.
Question: Is it necessary to survey the house on the site?
Answer: Happy owners of houses and cottages often wonder whether it is necessary to register ownership of the land that is located under the structure.
Even if they have documentation certifying ownership of the building, the site will still have to be measured additionally. In this case, a procedure is performed to identify the boundaries of the house.
Question: How do you know if you need to survey your dacha plot?
Answer: Each owner of a plot who does not have a land survey plan must receive it before March 2021. Otherwise, he will not be able to dispose of his real estate (land plot): sell, lease, donate, or inherit.
Survey results and their design
When the work on surveying the land plot is completed, the employees of the geodetic company will hand over to the customer the completed passport of the land plot.
Important! The land plot passport must be registered with the Federal Service for State Registration, Cadastre and Cartography. For carrying out the procedure for registering a land plot passport, a state fee of 200 rubles is charged.
After the state fee has been paid, you must contact the territorial division of the federal state budgetary institution “Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography” by submitting a document confirming payment of the fee, a boundary plan and other materials.
The preparation of a land plot passport along with registration takes about two months. Specific deadlines depend on the region, as well as the completeness of the materials provided.
Procedure
Land surveying consists of several stages. First, the customer and the contractor enter into an agreement. It is preceded by the owner’s choice of a reliable organization of cadastral engineers.
See more details here.
Documentation
The responsibilities of a cadastral engineer include not only geodetic work, but also document processing. He lists to the owner what documents are needed to determine the boundaries.
Typically, the cadastral engineer
needs to provide copies of the following documents :
- identification;
- document on registration of property rights (Certificate or extract);
- title document;
- previous survey (if any);
- court decision (if boundaries are disputed).
During the land surveying procedure, other documents may be required.
If the owner of the plot is just going to register ownership, then he transfers to the cadastral engineer any document that indicates the allocation of the plot or transfer for use.
Coordination of boundaries with neighbors
Coordination with neighbors is a very important stage in land surveying. If you approach this issue wisely, you can quickly go through all stages of land surveying. Otherwise, because of 10-20 cm, you can spend a long time sorting it out, spending time and money on legal and court costs. So first you need to decide what exactly you need.
When relations with neighbors are friendly, the issue of boundaries must be resolved through negotiations . That is, first agree, and then invite them with their passports to sign the agreement document, which is prepared by the cadastral engineer. Thus, all necessary formalities will be observed.
If the plots in the neighborhood are abandoned, then you need to find out from the SNT board or the cadastral chamber who the neighbors are on the plots adjacent to yours. Sometimes this work is undertaken by a cadastral engineer.
A notice of the upcoming arrival of a cadastral engineer must be sent to the indicated addresses . He must explain where the border will be and offer to sign the document.
It is better not to sign the approval act without an explanation from the cadastral engineer. Most often, the owner of a neighboring plot does not understand what data he is signing. When signing the approval act, the following must be present: the cadastral engineer, the land survey customer and the neighbors on the site.
If there is no mutual understanding and no one compromises, then a trial will follow. To reduce risks, all failures must be documented .
Drawing up a boundary plan
The cadastral engineer prepares the main document based on the results of the work - the boundary plan. It consists of 2 parts (text and graphic) and contains a detailed report on the measurements and coordinates of the site boundaries.
The boundary plan is submitted in 2 copies . One remains with the owner of the plot, the other is sent to the cadastral chamber to make data or changes.
Registration and payment of state fees
The boundary plan is submitted electronically or in paper form .
The electronic version must necessarily contain the electronic signature of the cadastral engineer.
On paper, there must be a signature and seal.
The owner can independently submit the boundary plan to Rosreestr. It is more convenient to do this through the MFC.
To do this, you only need a passport and a boundary plan. Payment of state duty when entering data into the state cadastre is not provided .
The contracting company whose representative draws up the boundary plan for you may charge an additional fee for submitting documents. This will be payment for intermediary services, but not state duty .
Receiving final documents
An application for entering data can be submitted in person or electronically through the official website of Rosreestr. 18 days after submitting the application, the owner of the site receives a response in the form of an extract from the Unified State Register with updated data or a reasoned refusal.
You can get new documents without leaving your home . For this purpose, the boundary plan and application are sent electronically. An extract from the USRN in the form of a file is sent to the applicant’s email.
The cost of arpentage and what affects it
The current legislation of the Russian Federation provides that work on land surveying on a free-of-charge basis for citizens is carried out exclusively in the process of carrying out complex cadastral works, the implementation of which was ordered and paid for by the municipality.
But due to a lack of funds in municipal budgets, cadastral work is rarely ordered, and most importantly, in the process of carrying it out, the boundaries of smaller land plots may not be determined entirely accurately.
The owner does not have the right to independently carry out land surveying work. To carry out boundary work, a specialized licensed organization should be involved.
At the same time, a specialized geodetic organization carries out land surveying work on a paid basis, and there are no preferential categories of citizens.
State geodetic companies performing land surveying work set prices based on standards approved by the Ministry of Economic Development of the Russian Federation.
Private geodetic companies, when setting prices for services, are guided solely by the financial interests of the company.
The cost of land surveying work is influenced by the following factors:
- in what region is the land plot located?
- category of land to which the boundary area belongs;
- remoteness of the land plot from the settlement and transport infrastructure;
- land area;
- the complexity of the terrain on which the land plot is located;
- legal history of the land plot.
Possibility of no set boundaries
Land surveying is a procedure that is only part of cadastral registration. It consists of marking boundaries on the ground with special signs and preparing documents for inclusion in the general database of the state cadastre.
All work is carried out by cadastral engineers who have a qualification certificate in their specialty.
is not mandatory by law . There are areas where only 30% of the total number of plots are demarcated. This means that the remaining plots of land without boundaries are also registered in the cadastral register.
They, like delimited ones, have a cadastral number, and information about the site is displayed on the Public Cadastral Map.
Most of the areas where land surveying has not been carried out have the status of SNT, DNP or KFK. On individual housing construction lands, it is impossible to do without defining boundaries, otherwise a building permit will not be issued.
You cannot do without this procedure when merging, dividing land, allocating a share, and a number of other cases.
Why can the owner lose the land plot from January 1, 2018?
In accordance with the federal law of June 13, 2015. No. 218-FZ “On State Registration of Real Estate”, a citizen who wishes to register real estate, including land plots, is required to comply with certain rules.
The above-mentioned law states that land plots can be intended for personal farming, for individual housing or garage construction, and so on.
Please note! Federal Law No. 218-FZ dated June 13, 2015 “On State Registration of Real Estate” determines the procedure in accordance with which land plots are removed from cadastral registration.
So, if more than five years have passed since the moment when the land plot was registered in the cadastral register, during which the plot was not included in the unified state register of real estate, then this land plot is removed from the cadastral register.
Redistribution of land plots
If you arbitrarily “became the owner” of state land, which no one else claims, which is not privately owned or under encumbrance, you can register it as an addition. Moreover, the plot can be increased by no more than 10% of its area. It is possible to cut off, or, more correctly, redistribute land for free - there is no provision for purchasing the plot from the state. But in order to register it as property, you will have to incur material costs. It is necessary to conclude a contract with an engineer to survey the newly created facility. As a result, you will receive a legally registered plot with an increased area.
