Activities of cadastral engineers: features and requirements, legislative changes for 2021

Author: ProfGid

A cadastral engineer is primarily involved in land surveying. This includes determining the coordinates of the boundaries of land plots, drawing up boundary plans, and preparing the documents necessary to secure ownership of the land and register it with the state. This is a relatively new profession, but it is already in great demand on the labor market due to the need to competently prepare documentation related to the ownership of real estate. The times when it was possible to own a plot of land without the appropriate papers are long gone, and to put the documents in order, the services of specialized specialists are needed. The profession falls into the category of “person-sign”. By the way, in 2021, the ProfGid career guidance center developed an accurate career guidance test. He himself will tell you which professions are suitable for you, and give an opinion about your personality type and intelligence.

Brief description: who is a cadastral engineer?

When determining the boundaries of private property, problems often arise. They can be effectively resolved only by law, and this is precisely what cadastral engineers help people with. Their services can be useful in disputes with the owners of neighboring plots, buying and selling land, dividing or merging plots, entering into an inheritance, and obtaining permits for the construction of certain buildings. A cadastral engineer not only works with documentation, but also carries out a technical inspection of the land plot directly on the ground, draws up plans - in a word, helps to resolve all issues related to the legal side of registering land ownership.

conclusions

A cadastral engineer provides services for land surveying, drawing up a technical plan of an object, registering a land plot or real estate property, and much more. The specialist must have a license, and his name must appear in the SRO database. If a specialist makes a mistake, he bears personal responsibility for it. The specialist’s certificate may be taken away or a fairly large fine may be imposed. If you choose a cadastral engineer, pay attention to his experience and the equipment he uses.

Features of the profession

The vacancy of a cadastral engineer is a vacancy for a specialist who is required when performing any operations with land plots. Its specificity lies in the fact that it includes work directly on the site (determination of boundaries, installation of boundary signs) and paperwork. And no mistakes should be made at any stage of such an engineer’s work, otherwise they will create even more problems for clients in the future. And if personal mistakes of such an employee are discovered, he will lose his qualification certificate (its presence is necessary for carrying out professional activities). The main responsibilities of a cadastral engineer usually include the following:

• Land surveying, registration of real estate objects.
• Development of projects for land management and cadastres, territory planning.
• Control of the use of real estate in accordance with the requirements of the law.
• Accounting, registration, cadastral valuation of real estate and land plots.
• Carrying out cadastral surveys.
• Creation and application of cadastral information systems.
• Settlement of legal issues related to land and property relations.
• Registration of all necessary documents for ownership of real estate.

Each cadastral engineer working legally (that is, with a qualification certificate) must have his own forms and seal. The forms indicate the number of his qualification certificate, as well as the official address of his work.

Where can I get specialized education?

Education in this specialty can be obtained at a university or secondary vocational educational institution. Below we provide a list of institutions where you can study this specialty:

• Moscow State Transport University.
• Moscow State University of Geodesy and Cartography.
• State University of Land Management.
• Agricultural Academy named after. Timiryazev.
• Agricultural geological exploration universities located in the regions of Russia.

In order to obtain the right to provide services, a specialist must first undergo an internship, which lasts two years. Then he must pass the exam and obtain liability insurance.

If you decide to choose this specialty for yourself, you should remember that it is very difficult. A person must not only undergo training, but also have a good understanding of all the details of his work.

If you want to find out about all the educational institutions where you can obtain the profession of cadastral engineer, please visit the website of the Ministry of Economic Development.

Important personal qualities

Both during work and during training, a cadastral engineer is required to be responsible, hardworking, and disciplined, since any mistake can cause the loss of a qualification certificate. Such a specialist must have good analytical skills, be sufficiently healthy and physically resilient (for working on the ground), diplomatic (when resolving controversial situations), stress-resistant, and sociable. As in any profession related to law in one way or another, a good memory is also important here.

How to call an engineer

• First, you must choose a specialist who will meet all your requirements. It is advisable to choose a cadastral engineer with extensive experience, who will have a certificate and license.
• Once you have chosen a cadastral engineer, he should advise you. A specialist will study the problem and tell you what actions will be taken in your situation. In addition, he will calculate the cost of the service.
• You need to collect all the documents and also enter into an agreement with a cadastral engineer.
• The specialist will examine the object, carry out all the necessary measurements and calculations, perform land surveying and geodetic surveys.

Once all the necessary data has been received, it must be processed by an expert and sent to government agencies. The result of the work is provided to the client in digital format.

Our company recommends paying attention to the specialist’s work experience, certificate and work license. If you choose an unqualified specialist without a work permit, you will not be able to receive the quality of service you need. You will have to look for a new specialist, who will again have to take measurements and draw up documents. You will waste your time and money.

Procedure for making contributions

The following types of contributions are established for SRO membership:

1) Entry fee.

2) Regular membership fee.

3) Contribution to the compensation fund. The procedure for the formation and use of compensation fund funds is determined by the Regulations on the SRO Compensation Fund, approved by the General Meeting of SRO Members.

4) Voluntary property contributions to the property of the SRO.

5) Target contributions established by decision of the general meeting of SRO members.

Payment of the entrance fee and the regular first membership fee is a mandatory condition for becoming a member of the SRO. At the same time, the amount of the regular membership fee in the first year of membership is calculated in proportion to the number of months of membership in the SRO.

These fees are paid by the Applicant within 10 (ten) working days from the date of filing an application for membership in the SRO.

If a decision is made to refuse to admit the Applicant as a member of the SRO, the paid fees are returned in full.

Violation of the established deadline for payment of membership fees by more than three months is grounds for expulsion of the cadastral engineer from the SRO.

List of documents for entry

1. application for admission to SRO
2. a copy of the passport of a citizen of the Russian Federation (pages with personal data and registration);
3. a copy of the cadastral engineer’s qualification certificate (if issued);
4. copies of documents confirming the availability of education that meets the requirements established in clause 1.1.2. Membership Regulations ;
5. copies of documents confirming work under an employment contract (if the form of organization of cadastral activities is as an employee of a legal entity under an employment contract);
6. a copy of the certificate of registration of an individual with the tax authority;
7. a copy of the certificate of state registration of an individual as an individual entrepreneur (for individual entrepreneurs);
8. a copy of the insurance certificate of compulsory pension insurance (SNILS);
9. Certificate of no criminal record;
10. Certificate confirming the absence of the requested information in the register of disqualified persons;
11. A copy of a document confirming withdrawal from another self-regulatory organization in the field of cadastral activities (if any);
12. statement about the absence of restrictions provided for in parts 19 and 20 of Art. 29 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”;
13. power of attorney for the right to represent interests at a general meeting of members of a self-regulatory organization.

Responsibility before the law and citizens

Working with owned real estate involves great responsibility. It is of a very specific nature and is enshrined in law. Punitive measures for workers in the real estate sector are being introduced in order to improve the quality of services provided. The activities of specialists that are associated with property interests and private property must be strictly regulated by law.

Divided:

• administrative responsibility;
• criminal liability;
• financial responsibility.

A mandatory requirement for the activities of a cadastral engineer is insurance of his civil liability. The insurance amount cannot be less than 2.5 million rubles. This measure is provided in case of unintentional damage to the customer.

Material liability

Material or property liability is provided for compensation for damage that a specialist caused to the customer as a result of poor performance of obligations under the contract. The injured party has the right to initiate it. A lawsuit can be filed against the cadastral engineer or against the organization (not government, but commercial) in which he works. In the event of a claim against the organization, it will be obliged to compensate for the damage.

A cadastral engineer can work independently, as an individual entrepreneur, or can be an employee. The employer, in turn, may have the status of a state organization, or may represent a private structure. A claim is filed in court depending on the status of the specialist. If he works for a government agency, then the claim cannot be addressed to the organization.

Administrative responsibility

Responsibility for entering false information is regulated by the Code of Administrative Offenses of the Russian Federation. According to the law, a cadastral engineer for deliberately or erroneously filing false data (distorting the boundaries of a plot, underestimating or overstating the price, providing incorrect information about neighbors) is subject to a fine (up to 5 thousand rubles) or is deprived of the right to work as a cadastral engineer for a certain period (up to 3 years) ).

It should be noted that in comparison with the value of land plots, which are the subject of the cadastral specialist’s activities, administrative fines are symbolic in nature. This reason, plus the significantly increased number of applications for work performed in bad faith, served as an impetus for tightening preventive measures. Since 2015, cadastral activities have been introduced into the criminal code.

Criminal liability

Criminal liability arises for the same reasons as administrative liability, but differs in the amount of material damage caused. The Criminal Code divides it into:

• large – from 1.5 million rubles;
• especially large – from 6 million rubles.

Criminal prosecution may be initiated as liability for knowingly false information. This fact should be indisputable.

A cadastral engineer may be deprived of his certificate and right to operate if:

• refusals to documentation processed by him will exceed 25% of all requests;
• The Cadastral Chamber will record 10 violations over a continuous 3 years of professional activity.

Despite the complexity of the work and the high demands placed on the profession, cadastral activity is a profession that attracts young professionals.

Entry procedure

To join a cadastral SRO, the applicant must be a citizen of the Russian Federation and meet a number of requirements:

1. Have a higher specialized education and undergo additional training in the field of cadastral work.
2. At least 2 years of experience as an assistant cadastral engineer and experience in performing all basic cadastral works.
3. Confirm your specialized knowledge by passing an exam.
4. Throughout your entire activity, do not receive disqualifications related to violation of the law on cadastral registration.
5. Obtain a cadastral engineer's liability insurance contract.

Among the important requirements for applicants is the absence of an outstanding conviction for intentionally committed crimes.

A person who was previously excluded from the cadastral self-regulatory organization due to:

• recognition as legally incompetent;
• submitting false documentation for the purpose of joining an SRO (if detected after receiving membership).

To join the SRO of cadastral engineers, you must select the most suitable organization, collect the required package of documents and apply for membership. If the candidacy is approved, the applicant pays the fees and awaits the decision of the collegial body of the self-regulatory organization on the issue of admitting a new member. If the decision is positive, the applicant is issued a certificate confirming membership.

How is certification carried out?

Passing the certification is possible after preparing the necessary documents and paying for the qualification exam.
The cost of participation in certification is set by the National Association, however, according to the standards, its amount should not exceed 4,000 rubles.

Persons who have successfully completed an internship as an assistant cadastral engineer are allowed to take the exam.

The exam itself is strictly regulated by law. Thus, since December 13, 2016, the Order of the Ministry of Economic Development “On approval of the theoretical exam program...” has been in force.

It strictly defines all aspects of certification , right down to the sections for which examination questions are compiled.

Necessary documents and requirements

To be allowed to take the exam, it is important to provide a complete package of documents. The method of transmitting documents to the SRO or the National Association is chosen by the examinee himself. It doesn’t matter whether they will be sent by mail or delivered to the organization in person - what is important is their configuration:

1. Statement of desire to take the exam.
2. A copy of the applicant's passport.
3. Copy of the applicant's SNILS.
4. A copy of the receipt for payment for the exam.
5. A copy of the document on education in the relevant field according to the approved list.
6. Consent to the processing of personal data (in accordance with 152-FZ).
7. Photo 3x4 cm.
8. Additional documents depend on the specific situation. For example, a certificate of name change – in case the data in the provided documents does not match.

Features of passing the exam

by a board of the National Association of Cadastral Engineers specially convened for this purpose .
After successfully completing an internship as an assistant, a potential cadastral engineer must submit an application to the SRO or National Association to pass the exam , attaching the above package of documents.

An authorized representative of the National Association will check the documents, compare the originals with copies, and then issue the candidate a receipt for the documents .

The College of Cadastral Engineers considers an application for participation in the theoretical exam.

Here the engineers’ task is to ensure that the candidate meets all the requirements for cadastre engineers. This stage takes ten days. When a positive decision is made, information about the candidate’s admission to the exam is entered into the Rosreestr, and the applicant himself is notified of this within two days from the date of the positive decision.

At least ten days before the date of the theoretical exam, the candidate is notified of this by phone call and by email, the address of which the applicant indicated in the application.

The exam itself takes place in the format of computer testing in the presence of an attestation commission. video surveillance in the room where the exam is held . Several applicants can take the test at the same time , but the exam lasts one and a half hours .

The exam will be passed positively if the candidate answers 90% of the test questions correctly - that is, at least 72 out of 80 questions.

The examinee is prohibited from:

• use supporting literature;
• use communications and the global Internet;
• talk with other subjects.

Otherwise, the culprits may be removed from the exam with an unsatisfactory result. Money paid for the right to participate in testing is non-refundable.

Retaking the exam if you fail

If the exam results are unsatisfactory, it may be retaken .
However, the candidate for cadastral engineers will receive access to re-examination no earlier than 4 months after the previous exam .

To gain admission, you must declare in writing your desire to retake the theoretical test, and also pay for the exam again.

As a rule, after an unsuccessful attempt to pass the exam, the examinee’s personal file continues to be stored in the SRO or the National Association.

Therefore, when submitting an application for re-examination, you will not need to collect the full package of documents again. It is enough, in addition to the application itself, to provide a copy of the receipt for payment for the second exam .

Procedure for obtaining a certificate

If you successfully pass the exam, a certificate is not issued immediately. First you need to pay a fee for issuing the document . 5 working days are allotted for this.

After this, the applicant submits the paid receipt to the secretary of the commission, signs in the journal and receives a qualification certificate for a cadastral engineer .

Next, it is necessary to order an individual seal of a cadastral engineer - since the work involves the preparation of specialized documentation and a certain level of responsibility, all customer documents drawn up in the future (cadastral passports, boundary plans, etc.) must be endorsed not only with the signature of the contractor, but also with his personal seal.

The following actions on the part of the National Association take place without the participation of a newly appointed cadastre engineer. The secretary sends a notification to Rosreestr (no later than the next day after the certificate is issued to the person who has successfully passed the test), and the Rosreestr representative enters the received data into the register of cadastral engineers .

For his part,
the cadastral engineer must also notify Rosreestr about the start of independent professional activity .
Within 30 days, you must send written information to the department about the form of work - in the staff of an organization or as an individual entrepreneur.

A copy of the ordered seal must also be attached to the document..

The same notification must be sent to the certification commission that administered the exam.

From 2021, the activities of cadastral engineers are subject to compulsory insurance. After certification, each specialist must obtain insurance.

Step-by-step successful completion of the process will be the guarantor for obtaining a certificate - it alone confirms that the specialist has a license for cadastral work.