Any land plot entered into the state real estate register must be registered in the cadastral register and have its own unique cadastral number, which is assigned once and cannot be changed, even if it is sold or inherited.
But in rare cases, situations may arise that require changing this code, due to which the owner will need to perform many prompt and labor-intensive actions.
Legislative regulations
When is a property title assigned to real estate?
This happens at the time information about the property is entered into a special register - the State Real Estate Cadastre (GKN).
In order for real estate to be included in the state database and acquire its own digital identification code , it must be registered with Rosreestr.
What laws govern it? Registration of a house, apartment, room, office, land plot is subject to Federal Law No. 221-FZ “On the State Real Estate Cadastre”.
This legislative document has a number of additions and changes , but it provides for everything - from the list of documents to the indication of the applicant’s waiting time at the window.
The algorithm for assigning numbers itself is provided for by the Decree of the Government of the Russian Federation of April 15, 1996 No. 475 “On approval of the Regulations on the structure and procedure of accounting...”.
You can learn about the basic principles and problems of maintaining state cadastral registration of real estate from our article.
Application for state cadastral registration of changes in real estate.
Preparation of a technical plan and marking on a public map
To prepare a technical plan, home owners need to contact a cadastral engineer. This specialist must have a special certificate and membership in a self-regulatory organization (SRO). You can find information about current cadastral engineers in the section of the Rosreestr service “State Register of Cadastral Engineers”.
The cadastral engineer will take measurements of the object (calculate the area), determine its exact coordinates with reference to a specific land plot and then prepare a technical plan. The cost of a technical plan varies and depends on several factors: the volume and urgency of the work, the location of the facility, and so on. According to experts, the cost of a technical plan for a house with an area of 100 square meters. m on average starts from 15 thousand rubles.
The finished document is submitted to Rosreestr in electronic form or through the MFC (at the location of the object). The data will be entered into the real estate register, and the house will appear on the public cadastral map five working days after submitting the application at the offices of the Cadastral Chamber. If the application was submitted to the MFC, the waiting period will be up to seven working days.
Source
In whose competence?
How is CN assigned to real estate? What organ does this?
This is handled by a special body called the cadastre, which is a division of Rosreestr. Who assigns CN to a real estate property?
It is the employees of this body who check the compliance of all documents relating to the property with each other - technical plan, certificate of ownership of the object, applications, and may refuse to provide such a service.
Read about the procedure for providing information about real estate from the State Property Committee in our article. Find out also how to include a building, structure or unfinished construction project in the cadastre.
Assignment procedure and cost
There are two ways to assign a cadastral number - electronic and simple, paper. What is the procedure for assigning this number?
- You need to contact the relevant authorities with a complete package of documents, including copies of your passport, all documents confirming ownership of the plot.
- If land surveying has never been carried out, then before submitting an application you should contact a geodetic organization to draw up a site plan.
- Before submitting documents, you must pay the appropriate fee.
- After accepting the documents, the relevant authorities review them and compare them to make a decision within 18 calendar days.
- After the expiration of the period, the person is either issued a cadastral passport, or a decision is made to refuse to issue a cadastral number.
- In case of refusal, the person has the right to re-apply to the appropriate authorities or write a statement about the violation of his legal rights.
In addition to all the above documents confirming the ownership of the land and its position, a person must pay a land tax. Its size varies. Next we'll look at how much it costs.
For example, for legal entities the fee is 1000 rubles, and for individuals only 100 rubles . For an electronic version of a passport, an individual will have to pay 50 rubles, and a legal entity 300. If it is necessary to issue a paper cadastral passport, you need to pay 200 rubles for individuals and 600 rubles for a company.
To the list of documents, which includes a citizen’s passport, a land plan and a certificate of land surveying, receipts for payment of duties should also be attached.
By the way, if land surveying work has never been carried out, a person will have to pay for it. The cost of such a service depends on the requirements of the geodetic company.
Change
Can a change in the property tax code of real estate occur?
A house, plot, or apartment entered into a state register receives a specific code, which encrypts the region of location, the numerical value of the plot of land, and the address.
The main characteristics are also included in the database - area, number of storeys, etc. As long as one of these characteristics has not changed, the CN cannot be replaced.
The termination of the existence of real estate entails changes in the form of cancellation of the code and its removal from the State Property Committee database.
Why is a new real estate property code assigned? This happens because the property data has changed , and, in fact, the object is no longer the same, but another - a different area, for example, or as a result of division into several parts, the address has changed.
When comparing the characteristics of the property originally included in the State Property Code, inconsistencies appeared that did not allow the object to be unambiguously identified.
You can learn about the procedure for deregistering real estate from the cadastre in our article.
In what cases is a change in the CN required? The registry identification code needs to be changed if:
- the address has changed (due to orders from local authorities);
- there was a merger with others or, conversely, a division into two or more new objects;
- a piece of land has changed its configuration or area, that is, the boundary plan has been changed, etc.
It turns out that a new property was born, with characteristics different from the original one . But it is interesting that a change of owner or user does not entail the need for re-registration: the real estate itself remains the same.
You can learn about the differences between cadastral and conditional numbers of real estate, as well as how to determine the CN of a building or structure by conditional number or address on our website.
Why is it required?
The first, and quite important question that arises for many owners is - why, exactly, is this number needed? In Soviet times, there was no need to register in the cadastral register, because all the land belonged to the state.
Now, using this identification number, a person can confirm his own rights to land . So, why is a cadastral number needed, and in what cases is it necessarily useful?
- For sale or purchase of real estate.
- To formalize rights of gift or inheritance.
- To prove your rights in court when land disputes arise.
- For renting out real estate.
Thus, the cadastral number becomes the most important point in any real estate transactions. Without assigning the appropriate number, it is impossible to conduct transactions with land.
The received cadastral passport, after completing all the papers, contains extensive information about the site . For example, there is information about the owner, the area of land, its categories, the number itself, and the cadastral value. If a person does not agree with a certain cadastral price, it can be changed. To do this, you will have to contact the relevant accounting authorities again, but with different certificates and papers.
The received passport is the main document for the land. It both confirms ownership and identifies the property. In any dispute over a plot, it is this evidence that helps establish ownership. How to find out the cadastral number of a plot by address - read here.
What to do if you receive a refusal?
Oddly enough, they can refuse in different ways. There is a partial refusal (when consideration of your application is suspended), and there is a complete refusal.
Reasons for refusal include the following:
- If the applicant is not the owner of the land and is applying on a matter that is not an exception.
An exception means minor changes, for example a change in land category or a new address of a site, because In such cases, anyone can apply. - If the boundaries of the site have not been properly specified.
- The site plan does not meet the requirements (most often, this is due to the lack of proper certification).
- If the area of the plot becomes smaller by more than 1/10.
- If the size of the plot was changed without the land surveying procedure.
- The technical plan does not meet the requirements (most often the problem is incorrect certification).
Note! If the refusal is categorical, then you cannot do anything. If it is partial, then provided that the shortcomings are corrected, the application will be approved.
Possible shortcomings:
- incorrectly completed application;
- incomplete information about the object;
- the boundaries of the site cross prohibited boundaries (for example, neighbors);
- the position of several completely different objects coincides.
Reasons for entering new data
The list of reasons includes the following:
- establishment of easement;
- construction of new structures;
- change of address;
- decreasing or increasing the size of the plot;
- completion of construction processes;
- change of purpose;
- change of land category;
- increase or decrease in cadastral price;
- other cases.
Have you acquired a plot of land, but still do not have a cadastral passport for it? Find out what documents are needed to obtain such paper!
Required documents
Let's consider an approximate list of documents , since in each case it changes depending on the changes that have occurred:
- Boundary plan.
- An application drawn up in accordance with the requirements.
- Passport.
- Confirmation that you are the owner of the land.
You will also need to provide supporting documents about the changes made:
- If the changes are related to buildings on the site, then a technical plan is provided.
- A document indicating a change in the intended purpose of the land or the transfer of land to another category.
- If the purpose of the structure changes, a resolution must be provided.
- Decision to change address.
- And others, depending on the case.
Be sure to provide both a copy and the original . This is a mandatory condition in order to avoid paper forgery.
