Removal of a land plot from cadastral registration

Removal of a land plot from cadastral registration must be justified. The State Real Estate Cadastre, which contains the entire database of territories located within the Russian Federation, cannot simply delete this information. Therefore, compelling and justified reasons are required. You need to prepare for this process in advance to avoid various difficulties.

The legislative framework

All reasons given in the application for the state real estate cadastre must be reasoned. Conventionally divided into 2 groups: factual and those grounds that are regulated by the following articles of the Federal Law and the Civil Code:

No. 218-FZ;
No. 221-FZ;
No. 131-GK.

Factual reasons include certain reasons. This is the loss of a piece of land as a whole, the physical destruction of the plot due to environmental disasters. A court ruling can also serve as a basis for removing a plot from cadastral registration.

What are the grounds for deregistration of a site?

Removal of a site from cadastral registration is accompanied by changes and partial removal of current data about it from the official unified database of our country. Naturally, information entered into the register will not be deleted without a reason; legal grounds are needed:

Initiative of the owner (for example, the plot was deregistered during division, etc.);
Exclusion from the Unified State Register of temporary information about the site;
Other grounds provided by law.

The plot was removed from cadastral registration at the initiative of the owner

If plots are divided, combined or redistributed, that is, other, newly created plots are formed from the original land plots, then simultaneously with registration, deregistration occurs. This is provided for by the Land Code (Article 11.2). At the same time, the owner does not need to write any additional statements to deregister the site.

There are cases when a plot is removed from the cadastral register by a court decision. This mainly happens when cadastral errors are identified in the Unified State Register of Real Estate. In this situation, the owner applies to Rosreestr with an application to remove the plot from cadastral registration, having in hand such a legal basis as a court decision.

Temporary nature of information about a land plot - what does this mean?

When the Unified State Register of Real Estate was created and replenished, information from two other sources from the State Property Register (State Real Estate Cadastre) and the Unified State Register of Real Estate Rights was transferred to it.

All information about lands and other real estate objects was merged into a single database and the newly generated data acquired the status of previously recorded ones. Along with this, the Unified State Register is constantly updated with new information, which is reflected on the public cadastral map.

Rights to some lands have still not been registered. That is, the plot is registered in the cadastral register, but the ownership of it is not properly documented, as required by law. If the copyright holder does not declare itself before March 1, 2022, information about such a site will be excluded from the Unified State Register of Real Estate, which means the site will be deregistered.

Other grounds for removing a plot from cadastral registration

In addition to those listed, there are other grounds, for example, a forest plot can be removed from the cadastral register if it turns out that it is located within the boundaries of other land plots. As a rule, this applies to the lands of agricultural settlements, the lands of which border on forest areas and overlap the forest areas in coordinates. Deregistration occurs in order to avoid such overlapping of lands on top of each other. Also, the law provides for the specifics of deregistration of sites located in the Far East.

Why are plots deregistered?

Each territory that exists within the Russian Federation must be registered with the cadastral chamber. During its operation, the area, general purpose and other technical indicators may change. Whatever happens to the site, all changes must be immediately entered into the general Rosreestr database. If, for example, you divide one large territory into 2 equal sections and do not register them, this will be considered an illegal change.

A large area needs to be removed from the cadastral register, and two newly formed plots must be registered. In other words, after removing one memory, newly formed plots should appear. If you remove a plot with the “temporary” status from the general register database, after some time, when the technical characteristics change, it will again receive an identified cadastral number.

How to remove a land plot from cadastral registration

Only an authorized body, Rosreestr, can remove a land plot from cadastral registration.

When the owner applies for the division (merger) of land plots, then the original plot (the one that is divided or combined) is removed from the cadastral register simultaneously with the registration of new plots. The division, merger or transformation of a plot is accompanied by the preparation of a boundary plan, which will be the basis for removing the original plot from cadastral registration.

Land surveying, in turn, is carried out by cadastral companies. You can select the one you need using the catalog of performers.

In the case when a land plot is removed from cadastral registration by registrars on the basis of a court decision, then cadastral registration is terminated on the basis of an application for deregistration, as well as a court decision and other supporting documents.

Consequences

After the plot has been removed from the cadastral register, it automatically ceases to exist as a unit of real estate. It is impossible to register it as your own. This means that it cannot be sold, leased or otherwise manipulated.

In order for the land plot to be exploited further, the owner will have to go through the entire procedure again. That is, carry out land surveying, measure the boundaries, clarify the total area and submit these documents to the cadastral chamber. At the end of this event, the owner of the territory can register ownership.

Instead of output

The removal of a site from cadastral registration, as well as its registration, is carried out by the registrars of Rosreestr, if there are legal grounds for this. Registrars are guided by federal legislation and also act in strict accordance with Order of the Ministry of Economic Development dated December 16, 2015 No. 943 “On the procedure for maintaining the Unified State Register of Real Estate,” which contains a list of grounds and procedures for removing a site from cadastral registration.

The plot has been removed from the cadastral register - this means that its cadastral number has been cancelled, therefore information about the boundaries and area is not reflected in the unified register. However, the archive contains information about what the land plot was like previously (its cadastral number, coordinates, etc.). This information is for informational purposes only.

Refusal of state registration

The registrar may suspend this process even after accepting the package of documents. The grounds for this may include cadastral errors, lack of legal capacity of the submitted papers and other reasons. Namely:

The allotment cannot be deregistered; this is contrary to the law.
The application is submitted only by the owner of the real estate, and not by relatives or other persons. Otherwise, they must have a notarized power of attorney in their hands.
The land has not previously been registered with the cadastral chamber.

It is also possible to deregister a plot of land through a judicial procedure, but on the condition that the person cannot independently follow the recommendations of the registering authority.

How to proceed in this case:

To write an application. It must reflect the essence of the appeal. Here it is better to support a written refusal with a reasoned part and the reasons why the registrar refused registration. You can make a high-quality copy or attach the original.
Pay the fee. Each region has its own prices. But, as a rule, the amount does not exceed 300 rubles.
Attach the entire package of documentation to the application.
Appear at the court hearing on the appointed day.

If a positive verdict is received, this resolution is submitted to the cadastral chamber. Otherwise, judicial practice allows you to appeal a court decision to a higher authority.

The concept of cadastral registration

Registration and deregistration of land occurs within the framework of cadastral activities. After the formation of a plot of land and registration of the object with government agencies, it not only receives specific boundaries and a description of its characteristics. Also, each land plot is assigned a unique identification designation - a cadastral number.

A specific cadastral number can belong to only one specific plot and contains a set of numbers that describe its territorial location according to a strict system.

Cadastral registration allows you to maintain a unified database in relation to real estate, systematize and streamline the uniformity of registration actions in this area. Registration of a plot of land and assignment of a unique cadastral number to it allows us to identify each specific plot as an independent object of legal relations in order to carry out legally significant actions with it in the future.

LIST OF DOCUMENTS AND TRANSFER FEATURES

In order to deregister certain property (including a plot of land) from the cadastre, you need to spend time preparing the necessary package of papers. It includes:

Statement. The paper is drawn up by the authorized body according to the model in force at the time of preparation. The document contains personal data about the person (owner), information from the cadastre, type of extract (digital or paper), number of attached papers, day of registration. The application also contains the signatures of the owner and authorized person.
Certificate confirming the existence of ownership rights to the property.
An act indicating the existence of rights to use the memory.
An extract confirming the installation of an encumbrance on the area of interest.

If the information is transferred to the cadastral authority not by the real owner, in addition to the above list, you will have to prepare:

An application created by the owner of the property. It must contain references to the Federal Law of the Russian Federation, taking into account which powers over the property are transferred to the other party.
Certificate of transfer of rights to another entity. The latter, in turn, must give the necessary package of papers, as well as a power of attorney from the notary authority.

Please note that the cancellation and restoration of cadastral registration are government services that are provided free of charge. In this case, payment of the state fee is mandatory, but it is purely formal. If one or another body charges the cost of a service, this is considered illegal and leads to a number of difficulties and the need for legal proceedings.

If it is not possible to deliver the papers in person, you can go the other way and send the documentation by mail. If you choose this option, the registration authority must issue a receipt confirming the package of papers. This document is usually accompanied by a copy and a letter of notification of receipt of funds.

Another way is to cancel cadastral registration, and subsequently restore it (if required) via the Internet. But when choosing this method, the applicant must have an electronic signature (EDS). And if companies do not have any difficulties with this aspect, individuals have a number of obstacles that need to be addressed.

When exactly is cadastral registration required?

a significant change in the characteristics of a structure (for example, an increase in area) on a piece of land owned;
demolition of a structure located on such a site (if the rights to the structure have not previously been registered in the Unified State Register of Real Estate).

was created or formed and was not previously listed in the Unified State Register of Real Estate (construction of a private house and division of a plot of land, respectively);
was demolished and the rights to it were not previously registered in the Unified State Register of Real Estate.

As for a plot of land, it is recommended to always register it with the cadastral register, but not simply, but with the definition of boundaries - this guarantees that neighbors will not violate them. It is important to know the real characteristics of the site in order to respond to changes. For example, if the site has become larger in area, then the “expansion” will need to be legalized. It is also recommended to register the house with the cadastral register in order to avoid claims from tax authorities and to be able to assess the parameters of the object. Fully decorated properties also have an advantage in the event of a sale, since buyers give preference to them.

To find out whether a property is registered in the cadastral register, use the special online service of Rosreestr. It will be enough to indicate one of the following criteria: address of the property, conditional number or license number from the Unified State Register of Real Estate.

Cancellation of land plots in the absence of registration within 5 years

After registration with the cadastral register, the owner of the registered plot must conduct state registration of ownership or lease rights within five years. If this does not happen, registration in the Unified State Register is not carried out, then the entry in the cadastre is canceled, and along with it all rights to real estate.

In order to restore order in the Unified State Register of Real Estate and the cadastral register, plots that were registered before 2008, but were not included in the only state register of rights, will also be canceled (Article 70, paragraph 3).

The lease agreement for a land plot must be drawn up for more than one year; if the period is shorter, then the information will be deleted from the cadastre after five years.

By Federal Law No. 221 of April 24, 2007 “On the State Real Estate Cadastre,” all plots for which rights were not registered when the property was formed are given “temporary” status; it remains for 5 years from the date of receipt of the property. For example, if plots were registered on October 1, 2011, then the cadastral records will be canceled as of October 1, 2021.

This process will take place until March 1, 2022, since from January 1, 2021, new plots with the status of “temporary” will not appear, and those registered in the cadastre before this date will be preserved until state registration for 5 years (clause 7 of Art. 72 Federal Law 218-z). A cadastre entry can be restored with a new number only on the basis of a judicial act.

Real estate cadastral registration

The need to enter information about cadastral registration into the Unified State Register of Real Estate may arise on its own or simultaneously with the registration of rights. Regardless of citizenship, the owner must register the property. If he has not yet reached the age of 14, then this is done by his legal representatives (parents, adoptive parents, guardians). The state register must contain information that makes it possible to definitely establish the object, the rights to which are established, as well as the content of the right and the grounds on which it arose.

Where to remove a previously recorded allotment

Cancellation of cadastral registration of a land plot occurs as follows :

Preparation of required papers.
Submission of information to the cadastral chamber for consideration.
If the request is granted, you will receive a corresponding extract.

For the convenience of the applicant, submission of documents is possible in person, electronically or in paper (via postal services) form.

Apart from the need for notarization, there are no special instructions in this regard.

Personal visit

The application will be assigned a special number, and all documents will be marked with the date and time of reception.

In addition, the applicant receives a corresponding receipt. It contains the date and all documents accepted by the cadastral chamber.

Via Russian Post

The receipt is sent by registered mail with acknowledgment of receipt. After its delivery, the original application will be stamped with the date and name of the applicant. A copy of the submitted application, certified by the seal of the organization, will also be attached.

The deadline for sending documents to the applicant is no later than the next working day .

Via an Internet resource

To do this, anyone wishing to deregister a land plot must visit the official website of Rosreestr, where you can not only submit an application, but also attach all the required papers.
The procedure can be carried out in the “Electronic Services” tab, the subsections of which are intuitive.

In the future, the applicant will be able to track the status of his application using the appropriate service.

To carry out the verification, you will need the registration number of the application.

To complete the submission of documents, the applicant must have an electronic signature (EDS). You can get it on the same Internet resource, following the instructions.

Description of the procedure

The state cadastre is a unified system into which data on all real estate objects is entered . Each of the elements of this accounting has a special identification number that allows you to determine the territorial location of the object.

The numbers are unique and will not be repeated on the territory of the Russian Federation.

In addition to registration, it is possible to deregister an object for a number of reasons. The procedure involves the cancellation of all available information about a given land plot. It is carried out in stages and requires strict compliance with current legislation.

Supporting documents

Until 2021, there were cadastral passports of real estate objects; now they have been replaced by an extract from the Unified State Register signed with a qualified electronic signature. It can be received in electronic form by email, as well as on paper by mail/through the MFC. The applicant may indicate his or her preferred method of receipt when submitting the application.

Deregistration of a land plot from the cadastral register must be carried out after the property has ceased to exist. Registration or deregistration of a real estate property are cadastral procedures that are carried out after a written application to the state registration authorities (MFC, Cadastral Chamber, territorial branches of Rosreestr). The main goal pursued by the former owners of the property is to remove information about the property from the Unified Information Base. Sometimes, owners are in no hurry to remove a land plot from cadastral registration, carry out manipulations with real estate (construction, consolidation, dismantling of structures, etc.), and then face the problem of registering all the above actions.

Deadlines

Consideration of the application and the documents attached to it lasts by law 18 calendar days. It is during this time that if the result is positive, all information about the site should be excluded from Rosreestr.

If a site inspection report is required among the documents, then you need to add a few more days, since the report is drawn up only with the participation of a cadastral engineer.

If the procedure is carried out by court decision, then the deadlines are different. It will take approximately 2-3 months, depending on the situation. But in this case, only 2 documents will be required: an application and a court decision, where there is a mark on entry into force.

How to remove land from the cadastre

Before you decide to apply, you need to collect all the necessary documentation. If you do not collect a complete package of documents, Rosreestr will simply refuse to carry out the procedure for deregistering the land plot. You will have to re-draft the application and collect all the documents. The composition of the package of documents will depend on what your situation is.

Since the reasons for removing land from the cadastre may be different, cadastral work will also vary:

If the land is reorganized, divided, or several plots are combined, then it will be necessary to carry out land surveying. This is a must.
If a disaster occurs and the land is destroyed, it is necessary to call a cadastral engineer. He will examine the site and issue a certificate that will indicate that the land has lost its properties.

The tenant of a municipal plot must receive a certificate stating that the land can no longer be used for its intended purpose. This act is received from the administration.

Procedure

Step-by-step instructions include the following steps:

Filling out an application containing a request to remove information from the state real estate cadastre, as well as the reason why the real estate is deregistered.
Submitting an application form to the MFC authorities. It is also necessary to attach a paper that confirms the right to own the property and a cadastral plan.

The application must be registered on the day it is submitted. Based on these papers, the authorized body must provide a receipt indicating that it has received a list of documents.

The decision to remove a land plot from state registration must be made within 18 calendar days. Upon completion of this period, the applicant is issued a response.

IMPORTANT! If a decision is made to refuse the service of canceling information about a land plot, then no later than the 19th day the authorized body must notify the applicant of this fact with a mandatory indication of the reason for the refusal.

How is the act prepared?

To reduce the tax burden, owners often look for ways to remove a plot from the cadastral register with minimal time and effort. The fact is that even if a plot, land plot or household is in an abandoned state, the owner may have additional expenses for paying land tax, utility bills, and also have difficulties in obtaining subsidies, benefits, and so on. A stalemate arises when the property seems to exist, but it does not represent any value for both the current and potential new owners. In such cases, it would be optimal to give up ownership of real estate so that the Federal Tax Service and other departmental organizations do not have questions about non-payment of real estate taxes.

After contacting the state registrar, there may be 3 scenarios:

A decision is made to suspend cadastral registration - in cases where inconsistencies are identified in the information about the property entered into Rosreestr and available “in the hands” of the owner (borders are violated, there are technical errors in the address, and so on);
A decision is made to deregister the object and draw up an act of termination of its existence after a meeting with the cadastral engineer;
A decision is made to refuse deregistration - an improper person applied, the cadastral engineer did not confirm the fact that the object ceased to exist, the procedure for contacting the state registrar was violated.

The grounds for removal from cadastral registration may be:

Termination of the existence of a building after a fire or natural disaster;
Destruction of a house or building by its complete dismantling;
Collapse of buildings due to dilapidation.

After the state registrar completes the verification of the information and deletes the data from the real estate cadastre, the owner will also need to cancel the ownership right in the Unified State Register. To do this, you must also contact the MFC or the territorial branch of Rosreestr with an application. Only after this can the object be officially considered cancelled.

If you need to register your apartment with the cadastral register, you can contact us using the form below

Documentation

Due to the entry into force of a number of laws on January 1, 2021, relating to important aspects of real estate ownership, new registration rules, there is a need for certain actions that will help preserve property.

The content of the article:

What has changed since January 1, 2021?

On January 1, 2021, Law No. 218 Federal Law of July 13, 2015 “On State Registration of Real Estate” came into force. Now cadastral registration and registration of the Unified State Register are carried out simultaneously, carried out by Rosreestr.

The creation of a common base will help restore order in land registration.

The processing time has also been reduced. If previously it was necessary to submit applications separately for cadastral registration, separately for state registration, and wait 21 days, now the documents will be ready in 10 days, for the Unified State Register - 7 days, and for the State Register - 5 days. Another advantage is that you can personally submit documents to an MFC branch in any locality, regardless of where the property is located.

On the Rosreestr website you can obtain detailed information, submit applications for a unified registration procedure, check the status of your site and begin registration. It may be suspended if there are doubts about the authenticity of documents, for other reasons.

An important innovation is the cancellation of information in the cadastral register about plots that were not registered in the Unified State Register of Real Estate. Rosreestr informs self-government bodies about this fact within 10 days, which launch the procedure for recognizing them as ownerless.

To confirm registration, an extract from the Unified State Register will be issued, and not a certificate, as before.

Bringing numerous forms of land registration to a unified system

Issues related to maintaining ownership rights to existing land concern a huge number of people, since about 80 percent of the Russian population has summer cottages for individual housing construction and others.

Many received and inherited them back in the USSR; the land was given for indefinite use since 1924. Dacha and garden plots were provided forever, free of charge, not subject to taxes, and houses could be built on them. There was the right to give them, sell them, transfer them by inheritance, and make any transactions, despite the fact that the land rightfully belonged to the state. Over such a long period, many documents were lost, and many contained errors.

Most citizens have resolutions of heads of administrations, extracts from the business ledger, or old-style certificates. All land plots that were issued in the USSR were classified as previously registered and entered into the cadastral register with numbers assigned.

And those received or acquired after the release of Federal Law No. 221 of July 24, 2007, from March 1, 2008 are considered taken into account and have the status of “temporary”. They must be registered within 5 years from the date of registration, which is indicated in the cadastral passport.

What documents are needed

Depending on the registered object, the package of documents will change (house, plot of land, parking space, etc.). Rosreestr offers to use an online service that will help determine what specific set of documents will be required in a given situation.

If we talk about the cadastral registration of a house, then here you need to have a conclusion from a cadastral engineer, a technical report or technical plan, as well as a boundary plan of the land plot (if surveying has not been carried out before). Cadastral engineers are involved in the preparation of all these documents. The cost varies depending on the location/area of the property, but on average it will be from 8,000 rubles for a small plot (6 acres) or a house.

a document confirming the authority of the applicant’s representative (if his representative submits the application);
documents that are the basis for state cadastral registration and (or) state registration of rights;
other documents provided for by Law No. 218-FZ and other regulatory legal acts adopted in accordance with it.