Actions regulated by law with plots of land, including donation, purchase and sale, inheritance, privatization, are a multi-stage set of measures. Each of the procedures takes time, requires legal justification, paperwork, and requires the help of specialists.
Land management work: what is it?
Another fundamental factor, without which no transaction can be carried out, is the implementation of land management work. Few people know how they are carried out. This procedure is described in detail in the information below.
Land management work: what is it?
Land surveying works are actions carried out legally by employees of government agencies and geodetic organizations.
Today there is an examination of land management materials. In order to avoid inconsistencies, you will need to strictly follow the stages established by law.
The study of territories, changes in condition, surveying of separately located areas, and preparation of the necessary documentation must be carried out legally.
Land Survey Initiative
Land management is possible on the initiative of absolutely any participant in land relations, that is, any owner of a land plot or applicant for land can initiate land management.
At the same time, there are certain grounds that are adhered to during all activities. First of all, these include decisions of federal structures (authorities), representatives of state authorities, local governments, as well as decisions of state bodies of specific subjects of the federation, court decisions, agreements on land management procedures.
However, this does not mean that individuals cannot petition the municipality to carry out appropriate measures in a specific area. Any citizen who participates in land relations (land owner, land user, tenant and any other person) has the right to apply to representatives of local authorities or to the court with a demand for land management.
If there are appropriate grounds, the procedure is carried out in accordance with current legislation.
It is noteworthy that when carrying out land management procedures, all persons interested in the process must be notified no later than 7 days (calendar). Otherwise, all activities will be considered not entirely legal. Those whose rights have been violated have the right to file a complaint or legal action.
Laws and regulations
Information about land management, the procedure, and reports drawn up during the procedure is prescribed in Federal Law of the Russian Federation No. 78.
This procedure has technical requirements. They are developed taking into account the requirements and standards prescribed in this law.
It is necessary to comply with them, since on the basis of the research and registration carried out, special expert documentation for state purposes is drawn up
It is necessary to carry out geodetic land management work exclusively within the framework of established legislation. Otherwise, the procedure will be declared invalid. The executed documents and extract will not have legal force.
If land management is carried out in a manner not established by law, a special examination will be assigned. After this, an order is issued at the state level to eliminate inconsistencies. In complex cases, a citizen or organization that carried out illegal land management work will be accused of violating several articles of modern legislation.
Comprehensive activities of authorized bodies
Land management work is carried out exclusively comprehensively, step by step with the involvement of specialists and notification of interested parties.
Three stages of land development work
Land development works include:
- Preparation. Specialists study existing documents for the allotment (cadastral passport, map, old plan). An agreement on carrying out the relevant work is signed between the customer and the contractor.
- Field stage. Surveyors go to the area, conduct a topographic survey, survey the territory and record everything in a report, on the basis of which a cadastral passport is subsequently drawn up.
- Cameral stage. Measures are being taken to change existing documents for the allotment, outdated data is replaced with new ones, new buildings and communications are included in the plan. The customer receives a report on what work was done, its timing and size. All documentation is agreed upon, and data about the site is sent to the Unified State Register of Real Estate.
The length of each stage depends on the complexity of the site and the reliability of the initial information presented in the documents.
Finding the necessary documentation, which previously could have indicated data about the site
Those responsible for land management are preparing to draw up a new site plan and visit the area in advance, for this they study:
- an extract from the Unified State Register containing information about the site, the nature of the area and its connection to it;
- drawing of the boundaries of the plot, which was made earlier;
- documents confirming the right of ownership of the plot;
- a list of citizens who have submitted an application for land surveying and wish to take part in the procedure.
If there were buildings on the site, according to the old plan, then their placement is also being studied.
Conclusion of an agreement on land management
An agreement is concluded between the customer of land management work and the performers - employees of the geodetic service - to carry out measurements and draw up new documentation based on them. In the contract:
- indicate the cost of the work;
- determine deadlines;
- list specific activities.
When signing it, the interests of the owners of neighboring plots are taken into account.
Data that must be included in the work plan
The work plan, which is drawn up at the field stage, includes information:
- allowing us to understand the reason for the work;
- about the type of terrain to be explored;
- displayed in old documents (cadastral passport, extract from the Unified State Register of Real Estate);
- about where and when boundary signs were installed, what the boundaries are, where there are characteristic points on the ground;
- how it is planned to collect new information;
- helping to clarify formulas and calculation procedures for carrying out new measurements.
Drawing up a technical project is one of the mandatory activities at the stage of field work.
Signing of the document by the land surveyor and approval by the customer
The technical design is certified (vised) by the person responsible for land management activities. Before this, it must be approved by the customer.
Important! If disagreements arise during the preparation of a project, specialists in the field of land management law are involved in the matter, possibly from private companies, the main thing is that the persons involved have the appropriate permits and licenses.
Data processing and evaluation
The data obtained at the stage of preparation and field visit to the area is processed and evaluated within the framework of the desk stage. Based on the results of all activities, a final document is drawn up - a boundary plan. It includes all information about the site itself and adjacent land holdings, the results of geodetic work carried out.
The land surveying plan is coordinated and approved by all parties involved in the land management work, including shared owners and owners of plots adjacent to the plot.
Why is land development work needed?
Why is land development work needed?
Despite such strictness and the need to comply with the law, land management work cannot be done. This is a set of activities carried out to measure, study and research plots.
Based on the research, it becomes clear whether a particular area needs to be protected and whether improvements are required.
Among other purposes for which land management work is carried out on land plots, the following can be noted:
- determining boundaries and setting boundaries between individual areas;
- choosing a method of exploitation of the surveyed territory;
- providing an individual with a plot of land similar to the one being measured. This is relevant if the land has been seized from the owner and he is required to provide compensation or a similar allotment;
- determining the boundaries of an allotment when it is necessary to allocate land for agricultural needs or for construction;
- the need to preserve an unusable site.
Conservation is needed if, during the study of the territory, it becomes clear that groundwater is located very close to the surface or the territory is dangerous for living and for carrying out certain work there due to the threat of landslides.
Why is it necessary to strictly adhere to all stages of work?
Land management work is aimed at creating an accurate topographic plan and map of the site and consists of the following stages:
All stages must be followed in the sequence in which they are presented; without a preliminary study of the allotment, further actions may turn out to be meaningless, inaccurate, and erroneous. If you abandon the desk stage, then potentially interested parties will not know about the changes made to the plans, which means that the very goal of the work will become unattainable.
The phased implementation of all measures allows you to make changes to the existing layout of the site with its subsequent use, combat soil erosion and promote its speedy restoration.
Land management work and cadastral work: The difference
Land management works and cadastral works
Those who have never encountered land management work often confuse it with cadastral work. These are completely different procedures. It is worth considering the procedure for land management and cadastral work.
As a rule, this applies to a situation where construction work is planned on the territory. The procedure in such a case looks like this:
- First of all, land rights to the territory are determined.
- A package of documents is being prepared for submission to the government organization.
- After receiving the title documents, the land is registered in the cadastral register.
- An inventory of the land plot is carried out, boundaries are formed, the area is determined and recorded, a layout diagram is drawn up, and so on. This is land management work.
- The obtained data is recorded in land management documents.
- A package of required papers and certificates is submitted to the cadastral authority, where all information about the territory is entered into a single cadastral database, where it is assigned an individual number.
- The owner is issued a cadastral passport.
The passport issued after the land management work contains all the information necessary for state registration of the right to the site.
Such an official document confirms the owner’s right to carry out not only construction work on the site, but also other transactions.
The difference between land management and cadastral procedures is that the former are carried out to determine the main characteristics of the site. The latter are mostly of a registration and documentary nature. In simple terms, land management work is field measurements, analysis, drawing, and cadastral work is the formation of documents and its submission. That is, these two directions are interconnected.
Types of cadastral services
Entering an object into the cadastral register - registration is carried out for all types of real estate of any purpose and form of ownership. This information is taken for statistical reporting, analysis using graphs and charts, and various tables.
The boundaries (borders) of a site are clarified when its initial characteristics change. Parameters are calculated through photo and topographic surveys and measurements. The results are analyzed, systematized and entered into the technical passport and the state register.
Division of the territory - the progress of its implementation is influenced by the characteristics of the object. It is possible on plots with the same or different legal status. The procedure is prescribed in Article 7 of the Land Code of the Russian Federation.
The drawing up of the boundary plan is carried out according to the taken measurements after the approval of the boundary and other measures. It specifies all the dimensional parameters of the allotment. The service is necessary in situations where the area and configuration are clarified or adjusted.
Obtaining a cadastral passport is mandatory when conducting operations with real estate and land, construction, or in the event of controversial issues. It contains complete technical and legal information used to designate and register a structure.
An extract from the cadastral passport is issued upon request if you need to provide partial information about the land. It contains only the facts as requested by the customer. An extract is taken when an object is liquidated, there are adjustments or legal restrictions.
Types and objects of land management
Land management activities are a set of procedures. It covers the following processes:
- Study of the state of the earth.
- Updating boundaries.
- Planning for rational use of the site.
- In addition, land management work is required when the boundary changes, which is typical in a situation where the land is converted for agricultural needs.
Modern legislation regulating relations in the field of land management provides for the following categories of measures for organizing land management:
- obtaining information about the condition of the land;
- Cartography and geodesy;
- planning and subsequent organization of resource use;
- description of boundaries;
- determination of the boundaries of the territory and various administrative units directly on the ground;
- carrying out on-farm arrangement of agricultural plots, as well as those areas where small ethnic groups live.
To obtain detailed information regarding the condition of the earth, specialists carry out the following activities:
- A thorough study of the soil, its changes, a special geobotanical study of the site in order to detect erosion, swampiness, various compactions and dangerous susceptibility to landslides.
- Valuation of land. It is carried out with the aim of obtaining data on whether or not the allotment can be used for the originally established purposes.
- Inventory. This process is carried out to identify plots that are not used at all or are not used for their intended purpose. The correct, legally compliant location of the plot and its boundaries are also checked.
When planning, the following procedures are carried out:
- organization of land protection;
- work with proposals on how to exploit the land more rationally in the future;
- carrying out specialized zoning.
As for the on-farm structure, it consists of such actions as:
- A thorough examination of the more rational and profitable exploitation of resources previously transferred to individual and collective entities for agriculture.
- Identification of degraded land through reclamation and subsequent development of a plan to significantly improve the biological properties of the soil.
Procedures related to professional land management are complex activities carried out by authorized organizations. Each procedure has its own individual end goal. It is about bringing the land into a more sustainable use of resources.
Stages of land management
Preparatory
At this stage, archival data on the nature of the area, drawings, title documents, and information on the previous placement of land survey signs are studied. During this period, an agreement is signed with the customer, a preliminary estimate is calculated, and the approximate time frame for completing land management is determined.
Field
At the field stage, all research is carried out directly at the site. The land surveyor draws up a technical project, prepares documentation for adding new marks, takes measurements on the ground, surveys, and sets new site boundaries.
When planning and preparing technical documents, the following points are taken into account:
- reasons for land management and signs on the ground;
- installed signs and their changes;
- archival data about the territory;
- the need to perform new calculations.
Cameral
At the desk stage, the measurement results are processed and calculations are made using formulas. The results obtained are recorded in technical documents, which are submitted for approval to government agencies.
Innovations are approved within 1 month. Papers are checked for compliance with the provisions of the law, and sometimes government experts are brought in for approval to obtain an opinion on a given object.
The information received is used to prepare the following documents:
- general plans for land management of a specific administrative unit;
- schemes for the protection of territories and their use;
- plans and drawings of land plots with buildings;
- cartographic materials showing zoning and zoning, land condition, application modes;
- projects for reclamation and restoration of degraded lands.
Who carries out land management procedures?
Who carries out land management procedures
Land management activities are carried out by employees of government agencies at the federal and regional levels. Also, the list of activities is carried out by geodetic services.
If necessary, private companies whose activities are related to geodetic cadastral measurements can be involved. Employees of the land management committee are responsible for the event.
You can order land management and cadastral work only if the site has clear boundaries. This is typical when rights to land are restored after division into separate parts.
Verification of rational use of land resources
A check of whether the land resource is being used rationally is carried out during the work on on-farm structure. They check, first of all, plots that are in the temporary use of individual and collective entities engaged in agriculture, as well as plots where people live who support a traditional way of life (usually located in remote regions).
If during the inspection degraded lands are identified, then a plan is developed to restore them and improve the quality of the existing resource.
Organization and implementation of land management procedures: Stages
Land management is carried out in three stages. Each is worth considering in detail.
Preparatory activities
At this stage, employees find and retrieve from the archive reports that contain information about the site. Among them are:
- extract from the Unified State Register of Real Estate with information about the land, characteristics of the region and area, binding option;
- drawings and site diagrams previously drawn up by professionals;
- reports confirming the right of ownership and legal use of the territory;
- if geodetic signs were previously installed on the territory, it is necessary to provide extracts of the installation;
- a documented list of persons interested in competent land surveying.
It is also worth noting the land management agreement. The terms of the work, the cost, and data on nearby areas that may be affected in one way or another during the land development process are specified here.
Field processes
The organization that conducts the inspection goes to the site, carefully analyzes and checks all received reports on the state of affairs. Typically, a land surveyor will work with a formal technical design. Here, the basis is taken from an extract obtained from the cadastral list, diagrams and boundary markers drawn up by professionals.
Simultaneously with the project, a work plan is being prepared. The following information must be present:
- grounds for carrying out land management and other activities;
- characteristic features of the area;
- data recorded in old reports;
- information about outdated boundaries and signs;
- procedure for collecting new information;
- it is indicated whether new calculations are needed or whether old information will be checked.
When using new calculations, you must specify the appropriate formulas and the order of planned recalculations.
A well-drawn plan is endorsed by the land surveyor and submitted to the customer for approval. If inconsistencies or controversial issues arise, you can invite professionals.
Immediately after the plan is approved, employees of the land management organization establish updated boundaries and secure them with signs. Land surveying and other activities prescribed in the plan are also carried out.
Office stage
Such work consists of processing and careful analysis of the data obtained during the survey of the site. The list and description of completed activities is also analyzed. The completed accompanying papers are checked, which are drawn up based on the results of the activities carried out.
Land management activities should be carried out in three successive stages. The event will be illegal without studying and checking the history of the object, without carrying out certain activities on the ground, as well as without drawing up a final report and entering data into Rosreestr.
The procedure for performing cadastral work
Preparation
During the preparation period, general and legal information about the object, installed utilities, and adjacent territories is collected and analyzed. An estimate is drawn up, deadlines are calculated and the required activities are planned.
Field tests
They involve geodetic or satellite surveying of the territory and surroundings, measuring work, and land assessment. They also clarify and coordinate boundaries with other adjacent land users, and fix turning points on the ground.
Desk analysis
At the desk stage, the data obtained during field measurements are processed. The information is used to draw up drawings and mark turning points. All calculations are carried out in specialized software. During the analysis, additional data on real estate may be required, which are requested from the relevant authorities as necessary.
Drawing up a boundary plan
This document involves combining text and graphic information. The basis for its writing is the cadastral plan. All nuances are taken into account here, including the configuration and location of utility networks. A technical plan is needed if there are buildings on the land plot. If necessary, a cadastral extract and other documents upon request are prepared.
Certificate of work performed
The final stage is the approval of the act of work performed with the owners of adjacent plots, and the prepared papers are signed. The sequence of their approval is prescribed by law. The data can be taken for study by various services, including the tax office.
Documentation of the results obtained
The completion of land management is accompanied by the preparation of papers and certificates. The most common of them include:
- general general schemes;
- state-certified schemes reflecting the protection of sites and operation;
- plans of the objects under study, consisting of a descriptive as well as a visual graphic part. The first contains information about the site established during land management work. The graphic is a drawing of the site indicating the necessary geodetic designating elements;
- projects of general on-farm structure for agricultural plots and remote areas;
- cartographic materials that reflect the state of the plots, features of use, as well as zoning of the territory;
- materials recorded during geobotanical survey of the earth;
- projects related to the improvement and development of land areas;
- an official decision of the owner obliging the owner to carry out reclamation or other restoration processes.
The listed categories are considered mandatory for allotments located on the territory of the state.
This list can be supplemented with extracts and certificates established at the administrative level. Regional authorities decide to add paper to land management documentation, based on the specifics of the region. For example, in the Krasnoyarsk Territory, documents on plots of land that are used for reindeer herding are added to this list.
Extracts generated based on the results of land management work must be agreed upon with government authorities. If the requirements are fully met, the information is entered into the land management file.
The approval is carried out in full accordance with the government decree adopted in 2002. This takes exactly a month. But this period is extended if it is necessary to obtain additional expert opinion.
Information from the agreed and reserved papers is entered into the unified state data fund. It is formed on the basis of previously completed land management documents, and is the official property of the Russian Federation.
For this reason, the necessary land management activities must be entrusted to licensed and permitted professionals. Services of this kind are paid, but at the same time you can be sure that the law will not be violated and the resulting unpleasant consequences will not arise.
Violation of the above conditions and legal requirements will automatically bring the perpetrators to justice.
Land management works. Types and reasons for carrying out. Process organization and execution.
Conclusion
- What is “land survey work”? Types of jobs .
Let's start with the fact that land management work is work to study the condition of land, plan and organize the rational use of land and its protection, form new and streamline existing land management objects and establish the location of their boundaries on the ground.
Today we will talk about such land management work, which includes work to enter information into the Unified State Register of Real Estate (hereinafter referred to as the EGRN), making changes and deregistering information about boundaries:
1) Protected zones of specially protected natural areas.
protective zones or districts with a regulated regime of economic activity may also be created on adjacent land plots Within the boundaries of these zones, activities that have a negative (harmful) impact on the natural complexes of specially protected natural areas are prohibited. The boundaries of security zones must be marked with special information signs. Land plots within the boundaries of security zones are not confiscated from land owners, land users, landowners and tenants of land plots and are used by them in compliance with the special legal regime established for these land plots.
In order to create new and expand existing lands of specially protected natural territories, government bodies of the constituent entities of the Russian Federation have the right to make decisions on the reservation of lands that are supposed to be declared lands of specially protected natural territories, with the subsequent withdrawal of such lands, including through redemption, and on restrictions on them economic activities.
2) Sanitary protection zones.
According to its functional purpose, the sanitary protection zone is a protective barrier that ensures the level of safety of the population during the operation of facilities in normal mode. When deciding on the placement of civil, industrial and agricultural facilities and establishing their sanitary protection zones, and choosing land plots for construction, sanitary rules must be observed.
In accordance with the requirements of Articles 19, 23 of the Town Planning Code of the Russian Federation dated December 29, 2004 No. 190-FZ, the boundaries of zones with special conditions for the use of territories (sanitary protection zones) are displayed in the territorial planning scheme of the municipal district and master plans of settlements.
Information about the established boundaries of sanitary protection zones, their graphic representation is contained in the projects of sanitary protection zones, the holders of which are individual legal entities.
An application for the establishment, change or termination of the existence of a sanitary protection zone and documents are submitted or sent to the authorized body by the right holders of the object, by the developer, at their choice, in person or by post on paper or in the form of electronic documents using the information and telecommunications network "Internet" ", certified by an enhanced qualified electronic signature of the applicants or other persons on the basis of concluding an agreement with the applicants.
3) Security zones of fiber-optic communication lines and transmission lines.
In accordance with the Decree of the Government of the Russian Federation dated 06/09/1995 No. 578 “On approval of the Rules for the protection of communication lines and structures of the Russian Federation”, security zones with special conditions of use (hereinafter referred to as ZOUIT) are established on the routes of cable and overhead communication lines and radio lines. For underground cable and overhead communication lines and radio lines located outside populated areas in treeless areas - in the form of plots of land along these lines, defined by parallel straight lines, spaced from the route of the underground communication cable or from the outermost wires of overhead communication lines and radio lines not less than 2 meters on each side.
The boundaries of security zones on the routes of underground cable communication lines located in cities and other populated areas are determined by the owners or enterprises operating these lines. Specific parameters of the security zones of such communication lines are not established in any act.
4) Territorial zones.
Territorial zones are zones for which the land use and development rules define boundaries and establish town planning regulations.
As a result of urban planning zoning, residential, public and business, industrial zones, zones of engineering and transport infrastructures, zones of agricultural use, recreational zones, zones of specially protected territories, special purpose zones, zones of military installations and other types of territorial zones can be determined.
Information about the location of the boundaries of territorial zones can be entered into the Unified State Register of Real Estate on the basis of maps (plans) of land management objects drawn up as a result of land management work within the framework of state or municipal contracts (agreements) concluded before 01/11/2018, according to the description of the location of these boundaries, without drawing up a land management document cases and inclusion of land management documentation in the state fund of data obtained as a result of land management, as well as without conducting a state examination of land management documentation.
5) Water protection zones.
Water protection zones also belong to ZOOIT. In accordance with Article 65 of the Water Code of the Russian Federation, water protection zones are territories that are adjacent to the coastline (borders of a water body) of seas, rivers, streams, canals, lakes, reservoirs and on which a special regime for carrying out economic and other activities is established in order to prevent pollution, clogging, silting of these water bodies and depletion of their waters, as well as preserving the habitat of aquatic biological resources and other objects of flora and fauna.
Coastal protective strips are established within the boundaries of water protection zones, in the territories of which additional restrictions on economic and other activities are introduced.
Decree of the Government of the Russian Federation dated April 29, 2016 No. 377 approved the procedure for determining the location of the coastline (the boundary of a water body), the cases and frequency of its determination.
The requirements for describing the location of the coastline (the boundaries of a water body) were approved by Order of the Ministry of Economic Development of Russia dated March 23, 2016 No. 164.
6) Security zone of gas distribution networks.
In accordance with the legislation of the Russian Federation, gas distribution networks are classified as hazardous production facilities, which is due to the explosive and fire hazardous properties of the gas transported through them. The fundamentals for the safe operation of gas distribution networks are determined by the Federal Law “On Industrial Safety of Hazardous Production Facilities”.
Any work in the security zones of gas distribution networks is carried out under strict compliance with the requirements for the safety of the networks being opened and other utilities, as well as for the safe passage of special vehicles and the passage of pedestrians.
The procedure for determining the boundaries of security zones of gas distribution networks, the conditions for the use of land plots located within them, and restrictions on economic activities that can lead to damage to gas distribution networks determine the rights and responsibilities of operating organizations in the field of ensuring the safety of gas distribution networks during their operation, maintenance, and repair. , as well as preventing accidents on gas distribution networks and eliminating their consequences.
Security zones of gas distribution networks are established in accordance with the Rules for the Protection of Gas Distribution Networks, approved by Decree of the Government of the Russian Federation dated November 20, 2000 No. 878 “On approval of the Rules for the Protection of Gas Distribution Networks”, and approved by Decree of the Government of the Orenburg Region No. 1112-P dated November 18, 2011 "On approval of the boundaries of security zones of gas distribution networks and the imposition of restrictions (encumbrances) on the land plots included in them" The Decree of the Government of the Orenburg Region is the basis for carrying out cadastral work on the formation of parts of land plots included in the security zone, their state cadastral registration and state registration applicant for encumbrances in the Unified State Register of Real Estate.
7) Security zone of the electrical grid facility.
Security zones are established for all electrical grid facilities. At the same time, the boundaries of the security zone are determined by the network organization (the owner of these power grid complexes), which ensures their further coordination with the authorized body (Rostechnadzor).
The use of territories located in the zone of electric grid facilities is regulated by the Rules for the establishment of security zones of electric grid facilities and special conditions for the use of land plots located within the boundaries of such zones, approved by Decree of the Government of the Russian Federation of February 24, 2009 No. 160.
Establishment of the boundaries of security zones of power grid facilities put into operation before the date of entry into force of the Decree of the Government of the Russian Federation dated February 24, 2009 No. 160 “On the procedure for establishing security zones of power grid facilities and special conditions for the use of land plots located within the boundaries of such zones”, and entering information about them into the Unified State Register of Real Estate is carried out in accordance with the specified resolution.
and others.
We speak in more detail about each type of land management work that our Company provides in the “Services” section.
- Goals and reasons for carrying out land management work.
Let us note that the organization of such work is a process aimed at regulating relations relating to land.
Such work may not be carried out for many years, and land owners usually do not have an urgent need to carry it out. A number of land tasks are carried out from which data is collected.
However, they are a very important procedure.
When might land surveying work be necessary?
- owners of land plots when the question arises of changing the boundaries of the site;
- upon the sale or alienation of land plots (as well as inheritance, donations, redistribution of land included in common shared ownership, and so on);
- when restoring boundaries that have been violated over time;
- establishment of territorial zones, sanitary protection zones, and so on.
Today we are talking about the last reason.
Such work is carried out on the initiative of authorized executive bodies of state power, local government bodies and land owners.
The fact is that security zones, zones with special conditions for the use of territory, are established in a certain area, for example, on the coastline near a reservoir, along power lines or near industrial facilities, and imply restrictions on the use of such land. Such a zone is considered established from the moment the information is entered into the Unified State Register.
Within the boundaries of zones with special conditions for the use of territories, restrictions on the use of land plots are established, which apply to everything that is above and below the surface of the land, unless otherwise provided by current legislation. Also, in such zones, the placement and use of real estate located on such land plots is limited or prohibited and the use of land plots for other types of activities that are incompatible with the purposes of establishing zones with special conditions for the use of territories is limited or prohibited.
In general, we can say that the purpose of land management work is:
1) protection of the life and health of citizens;
2) safe operation of facilities located in the territory of such work;
3) ensuring the safety of cultural heritage sites;
4) environmental protection, including the protection and preservation of natural medicinal resources, prevention of pollution, clogging, siltation of water bodies and depletion of their waters, preservation of the habitat of flora and fauna.
3. Organization and implementation of land management works.
In accordance with Part 12 of Article 26 of the Federal Law of August 3, 2021 No. 342-FZ “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” as amended by the Federal Law of December 27, 2019 N 455-FZ “On Amendments to Federal Law “On the peculiarities of regulation of certain legal relations in connection with the annexation of territories to a subject of the Russian Federation - the federal city of Moscow and on amendments to certain legislative acts of the Russian Federation" and certain legislative acts of the Russian Federation" the copyright holder of buildings, structures, in connection with the placement of which until January 01, 2021, ZOUIT is established; if there is no information about such ZOUIT in the Unified State Register, it has the right to send to the federal executive body authorized to carry out cadastral registration, the documents necessary for entering information about ZOUIT into the Unified State Register, in order to ensure that data is entered within the deadline later than January 1, 2025.
There are usually three stages of land management work:
- Preparatory stage. This includes planning, preparation and execution of contractual documentation and technical specifications. And also - collecting the necessary source materials, analyzing them, obtaining all kinds of access permissions.
- Field. necessarily includes topographic survey of all above-ground and underground objects, preliminary processing of the results for the design of geodetic support, survey and special-purpose networks.
- Cameral. This stage is working with the received data. This includes evaluation of the results and drawing up a topographic plan, coordination with the authorities authorized for this.
Let's take a closer look.
1) Geodetic survey, if necessary, carried out by a surveyor.
2) Request for information from the Unified State Register of Real Estate in the form of a cadastral plan of the territory. This request is made by a cadastral engineer or an assistant to a cadastral engineer.
3) Receiving from the customer the necessary initial documentation, which is subject to careful analysis and processing.
4) Preparation in electronic and paper form of a text and graphic description of the location of the boundaries of security zones, a list of coordinates of characteristic points of the boundaries of security zones. This work is also performed by a cadastral engineer.
5) Coordination of prepared documents with the customer and after that coordination with Rostekhnadzor and local government authorities. Receiving a decision on approval.
6) Transfer of a document containing a text and graphic description of the location of the boundaries of security zones to the branch of the Federal State Budgetary Institution "FKP Rosreestr" for inclusion in the Unified State Register.
7) Entering information into the Unified State Register and receiving an information letter with the registration numbers of the information entered into the Unified State Register.
- The result of land management work.
The final stage of the work is to receive correctly completed documentation, which will be transferred to Rosreestr for entering information into the Unified State Register. It can be:
- schemes for the use and protection of land;
- graphic and descriptive parts, the descriptive part contains information about the site obtained during the procedure, the graphic image is a drawing of the land plot indicating geodetic signs;
- cartographic materials indicating the state of the land, their mode of use, zoning data;
- projects for land improvement and development, decisions on the need for reclamation and other work.
All documentation prepared as a result of land management work, generated as a result of the work, is subject to agreement with government agencies and inclusion in the land management file.
It should be noted that all agreed documentation is entered into the State Data Fund, which is formed from land management files and is the property of the Russian Federation.
Conclusion
specializes in land surveying work and has significant experience in performing such work. The largest organizations in the region and country trust us.
Our engineers - surveyors, cadastral engineers, architects and design engineers, cartographers - are a professional team aimed at achieving high results.
For our part, we guarantee a responsible approach to business and a high quality level of work.
Mandatory land management
According to Article 3 of Federal Law of the Russian Federation No. 78, there are grounds for mandatory land management, regardless of whether someone applied for it or not. These include:
- intentional or natural change in the boundaries of a specific land plot4
- detection of violations in the integrity and quality of the land when determining the fact that the quality of the land was impaired due to soil flooding, erosion and other negative factors;
- if necessary, carry out procedures to restore the quality of the land.
If these conditions exist, land management is carried out without fail, taking into account all norms and rules, with notification of interested parties. If not everyone was notified about land management work, this is not a reason to cancel it.
However, those whose rights were violated during the land development process have the right to disagree with it by expressing a protest in writing. Most often, this protest is a statement of claim filed in the courts.
