State cadastral registration of land plots. Why is it needed, the order of its passage?
One of the main activities of the branch of the Cadastral Chamber in the Volgograd region is maintaining the state cadastre of land plots.
State cadastral registration of land plots - description and individualization of land plots in the state real estate cadastre, as a result of which each land plot receives such characteristics that make it possible to clearly distinguish it from other land plots and carry out its qualitative and economic assessment. State cadastral registration of land plots is accompanied by the assignment of a cadastral number to each land plot.
The creation of a real estate cadastre has three goals.
The first is the provision of state guarantees of rights to real estate. And in the event of any questions or legal proceedings, the cadastre will be the main identifying base that will provide information about what you own.
The second goal is to ensure the collection of land and property taxes, that is, the creation of a tax base.
The third goal of the cadastre is to improve the efficiency of territory management, urban and territorial planning.
Many of us have encountered the registration of land plots as property. Without registering a land plot with the state cadastral register, it is impossible to carry out its state registration, and therefore carry out any transaction with it.
In order to have an idea of the procedure for registering a land plot with the state cadastral register (GCU), we suggest that you familiarize yourself with the procedure for its implementation, which reflects the process of obtaining a cadastral passport.
The procedure for registering a land plot on the State Civil Code:
- Providing the necessary documents to the Cadastral Chamber, namely: an application for cadastral registration, a boundary plan of the land plot, a document confirming the authority of the applicant (if the applicant’s representative makes the application), other documents certifying the citizen’s right to the land plot.
- Review and verification of documents submitted to the State Civil Code.
- Making a decision to carry out cadastral registration, or to suspend it, or to refuse to carry it out.
Additionally, we inform you that the accuracy of copies of documents must be certified by a notary. However, the submission of such a copy is not required if the applicant or his representative personally submits the original of the relevant document to the Cadastral Chamber.
In case of cadastral registration, a cadastral passport is issued.
In case of suspension, an opportunity is given to correct the identified deficiencies within three months.
In case of refusal, it is necessary to pay attention to the reason and correct it.
Registration at the Civil Code is only part of the chain of paperwork for land. Owners of land plots placed on the State Property Committee after March 1, 2008 must remember that information about such land plots included in the state real estate cadastre is temporary. This information loses its temporary nature from the date of its state registration.
If, after five years from the date of registration of the land plot with the Civil Code of Ukraine, state registration of rights or encumbrances has not been carried out on it, information about it is canceled and excluded from the state real estate cadastre.
Based on the above, we recommend that you promptly register ownership (lease) of your land plots.
To carry out state cadastral registration of a land plot, it is not necessary to contact the territorial department of the Cadastral Chamber at the location of the land plot. All necessary documents can be submitted to any department of the Cadastral Chamber or the “My Documents” office.
What are the papers required for registration: list
The procedure for registering a land plot with cadastral registration can be divided into 3 separate stages of action:
- Preparation of the necessary documentation.
- Registration of the site with Rosreestr.
- State registration of the site in the Federal Registration Service (Registration Chamber).
First, the applicant prepares and submits the following package of documents to Rosreestr:
- Personal passport.
- A title document for land is an agreement for perpetual use, a will, an agreement for the right of lifelong inheritable ownership, an agreement for the purchase and sale of a house on non-privatized (state) land, a lease agreement for a plot, a donation agreement or a purchase and sale agreement for a plot drawn up with the local administration.
- Document of ownership of the plot (certificate of ownership, certificate of inheritance, purchase and sale agreement, rent agreement, transfer agreement or investment agreement).
- Written consent from the user, owner or tenant of the land is issued by personal contact to Rosreestr.
- Geodetic plan - prepared by a licensed geodetic company.
- Land survey plan with a separate CD - this document and disk must be obtained from a licensed geodetic company. Moreover, to obtain a boundary plan, it is necessary to survey the land plot in advance.
- Written permission from the Social Security Administration (guardianship authority), if there are one or more minor land owners. Such a document is drawn up within 10 working days from the date of application to the guardianship authority.
- Power of attorney from the user or owner of the land aged 18 years or older, if registration is carried out by an authorized person. Such a document must be certified by a notary.
If the land plot belongs to the state and is used for its intended purpose on the basis of a lease agreement, then in order to register the state land with the cadastral register, you must first obtain written consent from the regional Ministry of Property Relations and from one or more adult tenants of the land.
To obtain written consent, you must contact this authority, draw up an application of a certain sample and present your Russian passport and lease agreement. Then, on the appointed day, you must collect the official written consent.
In accordance with Art.
21 Federal Law No. 218 of July 13, 2015, all of the above documentation must contain a description of the land plot, the type of registered right, seals and signatures of the parties. The texts of documents must be written in legible handwriting , and the names of legal entities must be written without abbreviations and indicating their addresses.
The full names of individuals and their residential addresses must be indicated in full. The necessary documents must be submitted to Rosreestr in the following quantities:
- in 2 copies (originals) at least, one of which is returned to the applicant, and the second remains in the registry file, if such a transaction is made in simple written form;
- in 2 copies (originals) at least, one of which is given to the applicant if the transaction is executed in notarial form.
The boundary plan is submitted to Rosreestr in the form of an electronic document signed by a cadastral engineer. The application for registration of the site is drawn up in 1 original copy.
Instead of cadastral passports, from January 1, 2021, Rosreestr issues extracts from the Unified State Register of Real Estate. All information about the land plot that was in the cadastral passport is now in these extracts.
Drawing up an application
The application for registration of a plot of land for cadastral registration shall include the following information:
- request for registration of a land plot in cadastral registration in accordance with Art. 8 Forest Code of the Russian Federation;
- form and method of obtaining an extract from the Unified State Register for land - in the form of an electronic document sent with a separate link to the applicant’s email, or in the form of a paper document in Rosreestr (the full name of Rosreestr is indicated), MFC (full name and address of the MFC) or by mail to the address residence (indicate the postal code and registration of the applicant);
- information about the applicant - full name (full name), type of document (passport), series, passport number, who issued the passport, date of issue of the passport;
- SNILS;
- postal code, residential address (registration), email address, telephone number of the applicant and (or) the applicant’s representative;
- required documents attached to the application;
- confirmation of consent to the processing of personal data and participation in a survey by telephone;
- personal signature, initials and surname of the applicant;
- date of application.
This application also indicates a request for Rosreestr to send a receipt of the application and other documents of the applicant. Such a request is indicated in the application if such a document is sent to Rosreestr by mail or through the MFC.
Where to submit papers (about land rights and others) and an application?
The application and necessary documentation can be submitted to one of the following authorities:
- On the Rosreestr website in a separate section “Electronic Services”. Moreover, the application and the collected documentation sent electronically must have a personal digital signature.
- To the nearest MFC. In this case, you need to make sure that the MFC provides such a service.
- To the local branch of Rosreestr.
The status of consideration of the submitted application can be tracked in the “Checking the status of the request” section on the Rosreestr website.
When submitting an application, you need to pay the state fee at Rosreestr (or separately at Sberbank):
- in the amount of 200 rubles. (for individuals);
- 600 rub. - for legal entities.
After receiving the application and the necessary documentation from the applicant, the Rosreestr employee issues a receipt indicating the day of receipt of the extract from the Unified State Register for the land plot.
On our website you will also find a number of publications about the cadastral value, from which you can find out whether it can be reduced and challenged, how often it changes, what the specific indicator means and how it differs from the market value.
The concept of cadastral registration of land plots
Cadastral registration of land plots is a set of actions by an authorized person, the purpose of which is to enter into the state real estate cadastre (GKN) all information received about the plot, including the cadastral number, area, and actual location address.
Conventionally, all information can be divided into basic and additional. The first include:
- belonging of the object (its type);
- cadastral number;
- date of registration;
- square;
- description of where the boundaries of the site are located.
All this data is a conditional passport of the site. Additional information for cadastral registration includes:
- cadastral value of the site;
- date of assessment;
- category of land (its ownership);
- actual location address;
- information about the owners of the site.
Do you need the help of a lawyer in land matters?
We will advise you on all your questions!
+7
Terms of consideration
According to Art. 16 Federal Law No. 218 of July 13, 2015, registration of a land plot for cadastral registration is carried out within 5 working days from the date of receipt by an employee of Rosreestr of the application and the documentation attached to it.
If no errors or any discrepancies are found in the documents, the land plot is assigned a unique cadastral number (read about how to check whether such a number was actually assigned to a plot here, and how you can use it to find out the amount of tax according to the land plot, we tell in this material).
If errors are detected, the registration period is extended to 3-6 months.
On the appointed day, the applicant provides the Rosreestr employee with a personal passport and receipt. In return, the Cadastral Chamber employee issues an extract from the Unified State Register of Real Estate. After receiving such an extract, the land plot must be registered with the Federal Registration Service (Registration Chamber).
The land plot must be registered in the cadastral register in order to register the rights to it. Cadastral registration is certified by an extract from the Unified State Register of Real Estate. After receiving such a document, you must contact the Federal Registration Service so that after 2 years the plot is not excluded from the register.
How is the procedure for cadastral registration of plots carried out?
The procedure for registering land plots for cadastral registration is carried out by the Federal Service for State Registration, Cadastre and Cartography (Department of Rosreestr). It is the representatives of this organization who process documents and issue relevant statements.
Cadastral registration of land plots is carried out in the following order:
- The applicant applies for cadastral registration of a plot of land and provides all the documents required for this. In cases where the applicant has not provided all documents, Rosreestr employees have the right to request them independently, through electronic interdepartmental interaction.
- Rosreestr processes the application and prepares a response corresponding to the application.
- The organization to which the applicant applied issues a response within the period prescribed by law.
According to the latest amendments to Federal Law of the Russian Federation No. 221, the deadlines are set as follows:
- It takes exactly three working days to register the applicant’s address (he is also the legal holder of the land plot), and the changes will be taken into account. Moreover, if the applicant applies through the MFC (multifunctional center or using the new “My Documents” brand), then the period begins to be calculated from the moment all documents were transferred to Rosreestr. This legislation establishes that the transfer of documents cannot take more than one working day.
- Exactly ten working days are given to register, make changes, deregister and register part of the land plot.
- Exactly thirty working days are given for making changes and cadastral registration, the basis for which were documents that were received by the department in the order of interaction, and not at the request of the copyright holder.
You can submit documents in several ways:
- by post (registered mail, which is received by the organization against the signature of the responsible person);
- to the multifunctional center (MFC);
- directly in Rosreestr (cadastral chamber);
- through the Rosreestr portal on the official website;
- through the government services portal (gosuslugi.ru).
When applying via the Internet, you must attach scanned images of documents, and also pay a state fee. You can do this directly from the site.
If the details were previously issued at the cadastral chamber, then you should contact them there. The situation is exactly the same with the multifunctional center.
This is due to the fact that the payment details for institutions differ: a certain percentage of the payment of the state fee goes to the municipal budget of the district in which the MFC is located. There is no such conflict with the cadastral chamber, but you have to adhere to the rules, otherwise the organizations will redirect the application to each other.
Another feature of submitting an application electronically is that it must be certified by an electronic signature. If the applicant’s representative is his representative, then it is he who will certify the application. In this case, it is necessary to attach documents confirming the actions of the representative.