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)
Who is responsible for maintaining cadastres?
All information contained in cadastres is entered by the authorities that register objects, as well as by authorized persons. For each specific case of entering information into the cadastre, a certain set of documents is provided, depending on the object:
- For a land plot - boundary plan, title documents for the plot, information about restrictions (encumbrances);
- For a property complex (building, structure, other capital construction object) - technical plan, other technical inventory documents, title documents, urban planning and design documentation, survey reports, etc.
Information is entered into the cadastres after completing a certain procedure, which includes not only receiving documents from the applicant, but also checking the submitted documentation for compliance with legal requirements and the absence of contradictions with the registration data of other objects.
The body responsible for maintaining these cadastres of the Russian Federation is Rosreestr (Federal Service for State Registration, Cadastre and Cartography). This service became the legal successor of the Federal Real Estate Agency and the Land Cadastre Service.
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).
When is failure likely?
Sometimes situations are possible when difficulties arise with registering an object for cadastral registration. As a result, the applicant is denied the service. This is possible under a number of circumstances. For example, if the property does not belong to the category of real estate or residential premises. A refusal is also likely if there are errors in the submitted documentation, or the person did not correct the defects within the prescribed period.
In addition, registration is not carried out if there are errors in the issue of land surveying (without compliance with the law), as well as if a specialist is unable to gain access to the object. Situations are possible when, during the division of the territory, the purpose of the newly obtained plots has changed. In this case, a refusal is also issued, after which you can correct the errors or file a lawsuit.
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.
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.
The State Real Estate Cadastre is a systematized collection of information about registered real estate, as well as information about the passage of the State Border of the Russian Federation, about the boundaries between the constituent entities of the Russian Federation, the boundaries of municipalities, the boundaries of settlements, about territorial zones and zones with special conditions for the use of territories, as otherwise provided Federal Law “On the State Real Estate Cadastre” information. The State Real Estate Cadastre is a federal state information resource[1]. Main purpose: organizing the circulation of rights registered in the Unified State Register of Rights to Real Estate and Transactions with It.
Cadastral registration and maintenance of the state real estate cadastre are carried out by the Federal Service for State Registration, Cadastre and Cartography[2]. Or rather, a subordinate institution: FSBI "FKP Rosreestr". The maintenance of the state real estate cadastre is carried out on the basis of the principles of unity of technology for its maintenance throughout the Russian Federation, ensuring public accessibility and continuous updating of the information contained in it, and the comparability of cadastral information with information contained in other state information resources. Documents contained in the state real estate cadastre are subject to permanent storage; their destruction and removal of any parts from them is not permitted. Actions of the authorized body to enter information about real estate into the state real estate cadastre, which confirms the existence of such real estate with characteristics that make it possible to define such real estate as an individually defined thing (hereinafter referred to as the unique characteristics of the real estate object), or confirm the cessation of the existence of such real estate , as well as other information on real estate provided for by Federal Law No. 221-FZ of July 24, 2007, are called cadastral registration. Cadastral registration is carried out in relation to land plots, buildings, structures, premises, and unfinished construction projects. The information contained in the State Property Committee is publicly available. You can order them through the public services portal of Rosreestr (https://portal.rosreestr.ru).
In accordance with Part 1 of Article 19 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate” (hereinafter referred to as the Law on Registration), the local government body no later than 5 working days from the date of the decision to issue a permit to put a capital construction project into operation, he is obliged to send to the rights registration authority an application for state cadastral registration and the documents attached to it, including a permit to put the facility into operation, by sending it in electronic form. Such applications are not sent electronically by the local government body. From January 1, 2021, by virtue of paragraph 1 of part 5 of Article 14 of the Registration Law, registration of a constructed capital construction project with state cadastral registration is carried out on the basis of a permit to put the facility into operation, obtained in accordance with the rules of Article 55 of the Civil Code of the Russian Federation, and the technical plan attached to it, meeting the requirements imposed on it by legal acts. Preparation of a technical plan for a building to be put into operation, including an apartment building, is provided by the developer (Part 2, Clause 12 of Part 3, Part 10.1 of Article 55 of the Civil Code of the Russian Federation). The obligations of the developer to submit a technical plan that meets the established requirements, as well as the local government body to submit an application for state cadastral registration of a capital construction project, are based on the requirements of the law and are generally binding.
