The need to survey a garden plot is described in Federal Law No. 221 “On Cadastral Activities” and No. 447, where changes were made to the first legal act.
Both documents regulate the procedure for determining boundaries on sites.
Since not all citizens are ready to carry out a long-term and expensive land surveying procedure, the State Duma adopted a law that was popularly called the “dacha amnesty.”
Why is land surveying performed?
Land surveying is a procedure for establishing and legally marking its territorial boundaries point by point and coordinate by coordinate, followed by drawing up drawings that will depict the exact area of the plot, as well as the schematic location of construction objects on it.
Surveying may be necessary in the following situations:
- legitimize and mark the boundaries and area of the site, provided that its size has already been changed once (up or down - it doesn’t matter);
- to carry out any transactions relating to a land plot, because already in 2021, the sale of a garden plot without land surveying is impossible only if it does not fall under the dacha amnesty;
- allocate a share in the property for different owners of the territory so that they can independently register rights to their parts independently of each other;
- pre-trial or judicial resolution of disputes with neighbors regarding bordering plots of land;
- restore the correct boundaries of the site, data about which is not contained in the general plan of the territory.
This procedure is carried out only by authorized specialists - cadastral engineers, who come to the site and take measurements.
The procedure is carried out only by cadastral engineers Source yandex.net
Cadastral errors
When establishing the boundaries of a plot, errors occur, most of which fall under the responsibility of the cadastral specialist . It is he who is responsible for the correctness and legality of the procedure.
The most common mistakes when surveying:
- Carrying out cadastral work led to a violation of the rights and interests of the owners of other plots, namely, a certain part of their territory was seized.
- The agreement was not carried out or was carried out in violation of the laws. For example, neighbors were notified late or were given incorrect information.
- The act was drawn up in violation of the law and contains errors . For example, the required signatures do not belong to the real owners of the plots or their signatures are forged.
Strict sanctions apply to the cadastral engineer . For example, repeated violations lead to the fact that he is deprived of his license and the right to work in this field.
What does the procedure consist of?
The procedure for land surveying a summer cottage in 2021 implies the following order of work:
- Preparatory stage. Before starting work, a thorough study of the technical documentation regarding the site, as well as its special topographical signs and geodesy boundaries, is carried out.
- A plan for carrying out boundary work is being developed. After approval of the plan, the owner is informed of the date and time of the visit of cadastral engineers.
- After this, neighbors are also notified about the upcoming procedure.
- Upon arrival, cadastral engineers establish the coordinates of the land plot, determine its exact area, and also prepare a drawing of the plot.
- If everything is done correctly and fully, the results of the work are agreed upon with the city municipal service.
After confirmation from the administration, the final documentation of the site plan and boundary work takes place.
In 2021, changes were made to carry out the land surveying procedure Source yandex.net
Process changes in 2021
In recent years, many changes have occurred in the Land Code of the Russian Federation. For example, from January 1, 2021, provisions defining the mandatory registration of sites in the form of SNT and ONT received legal force. And such a form of land ownership as a dacha partnership has ceased to be relevant.
Since 2021, land surveying has become a mandatory procedure, since on its basis land is registered and permission is issued for the construction of construction projects. The owners of the garden plot on which it is planned to build a house will also not do without the procedure. Already in 2021, the sale of a land plot without land surveying is impossible.
See also: Catalog of popular plots in the Moscow region for the construction of a country house
Essence
Land surveying is one of the components of cadastral work. The entire procedure, as well as the regulatory framework, are based on Federal Law N221 of July 24, 2007. This Federal Law regulates the procedure for the work required for registration and registration in the state real estate cadastre. This list of tasks also includes drawing up a boundary plan.
For cadastral registration, an important role is played by the exact coordinates of the location of the site, its designated boundaries, as well as the absence of any claims to them. Therefore, land surveying is mandatory work to obtain full rights to independently dispose of a land plot.
The exact coordinates and boundaries of the site are only half the battle; there should still be no claims on it from other persons. Source yandex.net
In all cases, the result of surveying is a boundary plan. This document is sent to the territorial body of Rosreestr if the owner of the plot wants to obtain full legal rights to it, register it or make it the subject of a transaction.
All documents are drawn up on the basis of information measured and provided by the cadastral engineer. For land surveying, his services are the only option for quickly and legally determining the boundaries of the territory owned by an individual owner. This data is also important if there are territorial disputes between a group of owners of one or neighboring plots.
Advantages
Property owners should be aware that in any dispute or court proceedings, the advantage will be given to the one who first carried out the land surveying procedure, in accordance with the law. Having completed everything properly, the owner has the opportunity to:
- On a general basis, demand the expansion of the territory to ten percent;
- Receive additional protection for your property from encroachment and claims of third parties, including owners of neighboring plots, which is especially important when the land is temporarily unused;
- Resolve land development issues more quickly and in a simplified manner and obtain the appropriate permits, if necessary;
- Effectively and correctly plan buildings without violating current standards;
- Count on a quick resolution of conflicts in a situation with the allocation of shares for several co-owners;
- Fixing the exact shape and clear boundaries of the land, which significantly reduces the occurrence of problems in the future;
- Guaranteed protection of your rights by the state.
If we are talking about a building site, going through all the stages of land surveying will make it possible to ensure that all objects are located correctly, observing the required distances between them.
Video description
Legal advice on land surveying issues in this video:
Changes in legislation
Initially, all cadastral work was regulated by the Federal Law adopted back in 2000. However, it turned out to be ineffective and did not bring the expected effect - less than a third of all lands in the Russian Federation were officially registered in the cadastral register over eight years. Due to these indicators, the old law has lost its force.
Land surveying has always been a rather complex and costly procedure. However, since 2015, amendments were made to the Federal Law, which obligated local authorities to allocate money from the budget to provide this service to the population free of charge. According to the amendments, from 01.06.15 to 31.12.20, land surveying will be carried out by state cadastral engineers absolutely free of charge.
Until 2021, land surveying by state cadastral engineers is carried out free of charge Source yandex.net
And from January 1, 2021, land owners who have not undergone land surveying and, accordingly, have not entered their lands into Rosreestr, will not be able to carry out any transactions with them. Also, from this moment on, the service will become paid, so registration with the cadastral register will incur additional financial expenses.
When should it be done?
In accordance with the current standards of Russian legislation, situations have been identified in which land surveying is most recommended:
| In what cases | Nuances of the situation |
| The boundaries of the immovable property have changed | Since all changes occurring with real estate in Russia must be reflected in a single state register, land surveying is necessary in this case. |
| The site is divided into several separate ones or combined with other objects | When dividing a plot or merging it with others, completely new real estate objects are formed, and information about them must be in the Unified State Register of Real Estate. |
| The owner increased the total area of the territory for free | The issue is agreed upon with local authorities, in accordance with current regulations and the intended purpose of the land. |
| Disputes arose with the owners of neighboring lands | We can talk about unauthorized occupation, territories without fencing, non-compliance with the rules for the location of construction projects and the distances between them. |
| Property liquidity has increased | Thus, financial risks during the alienation of property are reduced. |
| There was a need for additional protection of the land | It makes sense if an expensive property is built on the site. |
| The territory has a complex configuration | This does not mean a standard rectangular area, but an area with intricate configurations, where it is impossible to do without specialized equipment. |
| Concluding transactions with alienation, lease | Necessary for additional guarantees to the buyer. |
How to get a free survey
Those citizens who have not yet registered their land plot are most interested in receiving a free service and how much land surveying costs in 2021. According to the new law, they can do this free of charge until December 31, 2020 in the following cases:
- The plot is leased or purchased from the city municipality. In this case, local authorities pay for the procedure.
- The survey will be carried out within the framework of a comprehensive cadastral quarter, during which the process is carried out for all plots that belong to it. This is done in order to increase land tax collections, as well as reduce the amount of unregistered land.
- If the land plot is covered by the “dacha amnesty”, the period of validity of which ends on March 1, 2021.
- After the amendments, free land surveying is provided to large families in need of improving their living conditions, as well as newly formed plots.
Large families have the right to free land surveying Source yandex.net
The regulatory framework for large-scale complex land surveying has been registered, however, so far the city authorities have not officially approved the groups of the population who are entitled to this service free of charge, nor have they allocated budgetary funds for its implementation. Because of this, many municipal lands are still issued to citizens without prior land surveying.
This situation is extremely unfavorable for citizens. The law came into force a long time ago, however, local authorities are in no hurry to implement it. Therefore, people have to carry out the procedure at their own expense and become registered in the cadastral register.
To get a land survey, you need to contact the local municipality or the Ministry of Property Relations in the region. As for complex land surveying, you can also obtain information about whether a site is included in the queue for boundary determination from these structures upon written application.
Information on comprehensive land surveying can be obtained from the Ministry of Property Relations in the region Source yandex.net
