Land, houses, buildings, in a word, real estate. How many changes the poor real estate has experienced and endured in its own skin, literally over the past few years. Now we register, now we don’t, now we prepare documents, now we don’t prepare, now we receive permission, now we receive notifications, now we intimidate by ending the dacha amnesty, then we extend it again – and so on ad infinitum.
Let's figure out what features of the state cadastral registration of real estate await us in 2021?
Cadastral registration 2021
State cadastral registration of real estate in 2021 is carried out taking into account last year’s legislative amendments. What has changed and how will state registration of rights and cadastral registration of real estate proceed now?
To answer the question posed, we will divide real estate into types and analyze the cadastral registration of real estate in 2021, taking into account these types:
- Cadastral registration of land plots (private plots, public lands, municipal lands)
- Cadastral registration of property immovable objects (buildings, residential buildings, garden houses, garages, premises, structures)
On what basis are amendments made?
Any change that can be made to the unified state register must be backed by a legal document. This is standard:
- An official written application completed in the prescribed form;
- An identification document of the applicant (if a proxy is applying, a notarized power of attorney and a passport of this representative will be required);
- Copies of title documents for real estate (certificate of ownership, lease agreements) - it should be taken into account that now all this information is available to employees in a single database instantly, it will not be possible to cheat;
- Territory survey plan, if we are talking about a plot of land;
- If available, copies of papers confirming that previously existing boundary disputes were agreed upon between the participants (necessary if such a mark is not in the boundary plan);
- Technical passport of the building;
- Permission to put the facility into operation (copy);
- Papers indicating which target category the land plot belongs to, if it is not a building, premises, or apartment;
- Documents on the basis of which any changes need to be made.
Of course, this is not an exhaustive list of required papers; in each case, it can and will be slightly changed, referring to what changes are being discussed. At the same time, the subsequent date of change in information in the State Tax Code and what this means is not a very complicated question. Since Rosreestr is obliged to make amendments to the database within a maximum of ten working days after the applicant’s application, the register displays the date when the amendment was made (within these ten days).
State cadastral registration of land plots in 2021
New legislation concerns the following aspects:
Carrying out complex cadastral works
Features of cadastral registration when carrying out complex cadastral work are associated with the entry into force of Law 150-FZ on September 16, 2019. In 2021, it became possible to carry out comprehensive cadastral work without a territory surveying project in relation to lands intended for gardening; register real estate on the basis of title documents that were issued before the advent of the registration law in 1997. Thus, the procedure for organizing complex cadastral work has been simplified. (For more details, read the articles: “New procedure for coordinating boundaries and registering a site from September 16, 2019”, “Comprehensive cadastral work - how, where, and why it is carried out”
Land surveying of public lands SNT
Details in the article: “Land surveying of public lands in SNT in 2021 according to Law 217-FZ dated 01/01/19”
Features of cadastral registration of land plots for apartment buildings in 2021, after the adoption of Law 267-FZ of 08/02/2019
In 2021, local authorities are required to carry out land surveying work and register land in the cadastral register, regardless of whether the owners of multi-apartment premises apply for this or not. The responsibility is not only clearly assigned, but also specified. Land surveying under apartment buildings should be a priority during the implementation of complex cadastral work. (More details in the article: “Land surveying of a plot of land under an apartment building - the procedure for preparing a project in 2021, taking into account the new law 267-FZ”
Dacha amnesty - on the extension until March 1, 2022 of free registration of land plots by gardeners as owners
SNT members who did not have time to purchase “their” publicly owned land for free can do this until March 1, 2022 (the deadline was previously set until December 31, 2020 - after the deadline, acquisition is possible only after bidding).
Submitting documents with a request
Before making changes to the state register, it should be borne in mind that from January 1, 2021, the previously independent databases of the State Property Committee and the Unified State Register were merged into the Unified State Register. A global revolution did not occur, but in this way the work of government agencies was simplified, the processing time for requests was reduced, and the population should now contact only one single body - Rosreestr. Nowadays he deals not only with issues of property rights and encumbrances, but also with the cadastre itself.
Changes to the State Tax Code are made on the basis of incoming written requests, accompanied by supporting documentation. Just as before, the population has several options
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- By going to the territorial office of Rosreestr or the Multifunctional Center;
- Send by registered mail with an inventory and return notification;
- Use the official website of government services or Rosreestr directly.
The applicant, when applying in person, must, among other things, have a passport or other document proving his identity (military ID, international passport). When sending by post, this document in the original is not placed in an envelope; a copy certified by a notary is required.
State cadastral registration of real estate - houses, buildings, structures in 2021
The main innovation of 2021 was the replacement of the permitting procedure for processing documentation with a notification procedure. In fact, the type of documents and the procedure for obtaining them have changed. If previously a permit was required to build a house, in 2020 they received a notification that the construction complied with the established parameters. However, in 2021, receiving notifications is not required at all (details here).
In 2021, after March 1, the receipt of such a notification applied to all houses, including those located in the gardening area. However, with the adoption of 267-FZ from August 4, 2021 until March 1, 2021, there was no need to receive notifications for houses located on the territory of SNT. Registration was possible in a declarative manner - according to a simplified system.
In addition, the simplified system was extended until 2026 with the adoption of a new law on dacha amnesty in December 2021. Now it is possible to simplify the registration of even houses located within the boundaries of populated areas and intended for individual housing construction and private household plots.
Government agencies thereby hope to replenish the treasury due to a new wave in 2021 of state registration of rights and cadastral registration of real estate located not only in dacha associations, but also in villages and cities.
Possible difficulties
As a result of the submission of a corresponding application by citizens, Rosreestr makes one of three possible decisions, namely:
- Registration of the submitted parameters (approval of the request);
- Suspension of changes;
- Complete refusal.
They have the right to suspend the process if there are any inconsistencies in the information displayed by the documents available in Rosreestr and the data submitted by the applicant. Also, the procedure will be delayed when, in a situation with land plots, the boundaries of one overlap with the boundaries of another (most likely, you will have to order a repeat land surveying procedure). Lack of required papers may also cause the procedure to be suspended. In any case, the applicant will be notified of the decision and the reasons for it and will be advised what needs to be done to lift the suspension.
In turn, the reason for refusal may be that cadastral registration of real estate is impossible due to certain legislative circumstances. They will also refuse to carry out the procedure if the submitted documents do not comply with established standards and requirements (wrong form, incorrect execution, etc.). They will also refuse if the request was submitted by a person who does not have the right to do so, as well as when the applicant did not take any measures to eliminate the comments during the suspension.
How state registration of rights and cadastral registration of real estate will take place in 2021
According to the forecasts of land lawyers, global changes in legislation regarding the state cadastral registration of real estate are not expected. The main wave of such changes occurred in 2021 - the end of 2021. But there will definitely be amendments - there’s no way without them.
The conclusion is obvious. The state cadastral registration of real estate in 2021 has undergone a number of changes and continues to transform. Bills are constantly being introduced into the State Duma that affect, in part or in general, cadastral registration, and therefore the behavioral factor of citizens and government agencies. When one norm changes, another layer of legislation is affected. And the mechanism, which is not particularly well-established, fails. It is patched up and adjusted by making changes and passing new laws.
In addition, the features of cadastral registration are also influenced by technological breakthroughs in the field of advanced innovations in geodesy and cartography. The transition to new equipment and digital technologies will soon eliminate paperwork, but this is unlikely to help ordinary citizens, because they will have to understand electronic services, which, therefore, make their heads spin.
To find a trusted specialist in the field of geodesy and cadastre in your region without leaving home, use a modern online service - a directory of performers of geodetic and cadastral work.
Nuances of deregistration of an object
Speaking about the removal of real estate from the State Tax Code, which is also a change, like those that are made, for example, after redevelopment, the basis here may be:
- Application and necessary documents for an object that has temporary status;
- Documents that were received as a result of information cooperation between interdepartmental bodies and Rosreestr on the reorganization of real estate (merging several into one object, dividing one into several);
- Papers certifying the absence of registered ownership rights to an object with a temporary status, which has been assigned to it for two years from the date when the property was registered in the cadastral register.
The converted real estate objects are removed from the state register without submitting any applications from the outside; for this purpose, the documents that are received by Rosreestr as a result of information interactions between departments are sufficient. The procedure is completed within no more than three days.
Deadlines for making changes to the cadastre
As already mentioned, you can submit your application in person or online. In addition, such a procedure can be carried out at the MFC. Their work is based on the principle of a single window, and they are intermediaries between Russians and government agencies. After submitting the application, you need to wait a few days until a decision is made in favor of the change given in Rosreestr.
By law, there are certain deadlines for making changes to the cadastre. Once you have received a positive response, you can count down 18 days. It is during this time that changes to Rosreestr must be made. However, much more often, employees of the registration authority issue an updated cadastral passport after 10-12 days.
At the same time, the length of the wait depends on how the citizen applied to the cadastre. This can also be done through the multifunctional center or by mail. If you applied to the cadastre using the MFC, the deadline will be delayed by 2-3 days - the approximate period for delivery of your documents to the state register. If you decide to send papers by mail, then the duration is always different depending on how the Russian Post works.
As a result, it is possible and necessary to change the information in Rosreestr. Especially if the data on the land plot has changed. This also applies to changing the address of the allotment, because in essence it is moving to a new location, and this is very important information. Outdated data must be updated to avoid misunderstandings and problems with the law later. It is worth taking this into account and be sure to contact the registration authorities as soon as necessary.
The procedure for changing the address
There are two main ways to submit an application to the registration authorities. These are offline and online options. You can use any of them, depending on the desires and capabilities of the applicant. When choosing the offline option, the applicant needs to appear at Rosreestr in person. The offline procedure itself follows the following algorithm:
- The applicant collects documents.
- Pays the state duty (its amount must be clarified on the Rosreestr website).
- Compiles and submits documents to Rosreestr.
- He is waiting for him to be given an updated cadastral passport.
However, this method is not always suitable for Russians. The fact is that Rosreestr works on the same schedule as most people in the country. Therefore, “dropping by after work” will not work, and even more so on weekends. To make the task easier for both yourself and those wishing to prepare the necessary documents, an online service was developed. Thanks to it, you can draw up an application and send it using the Internet. To do this you need:
- Collect a package of documentation. Basic documents related to the land plot must be scanned and attached to the application.
- Pay the state fee. An electronic version of the check must also be attached to the application.
- Register on the official portal of Rosreestr. Open the “Making changes in the cadastral passport” tab.
- Fill out the form that appears. Here you need to enter information about the land plot, as well as about the owner.
- As soon as the application is completed, it and scanned documents are sent directly to Rosreestr.
After Rosreestr employees accept the application, a corresponding notification will be sent to your email. They also have the right to refuse to make changes. There may be several reasons for this. Among them:
- The boundary and technical plan of the territory was drawn up and certified by an engineer who does not have the right to carry out such procedures. In other words, he does not have a certificate of qualification.
- The applicant does not have the right to change information in the cadastre. That is, he is not the owner of the territory, and he also does not have a power of attorney.
- The area and boundaries of the allotment had been changed before, and this procedure was carried out illegally.
- The area has been increased too much (its size has become larger than what the law allows).
The refusal also confirms the fact that the individual or legal entity has no reason to change the data entered in the cadastre.
What information is entered into the State Property Committee for apartments, houses and buildings?
With regard to structures, buildings and premises, the cadastre is addressed if the technical characteristics of the object have changed: its number of storeys, configuration, area, or if a material different from the fixed one is used for the construction of external walls. It is also necessary to display the change in address (or primary assignment), location, name, purpose of the building, and the degree of its readiness. More often, changes occur after the completion of construction work, because a number of transactions, for example, agreements of assignment or equity participation, are recorded in Rosreestr even before the appearance of real estate as such. After completion of the work, adjustments must be made. This is a mandatory procedure.