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)
List of objects available in the Tax Code of the Russian Federation
The Tax Code of the Russian Federation contains the following list of real estate objects, for which the tax base is calculated based on the cadastral value (subclause 1, 2 clause 1, subclause 1 clause 7 of article 378.2):
- administrative and business centers and premises located in them;
- shopping complexes and premises located in them;
- non-residential premises with a purpose similar to that given in the first 2 paragraphs;
- residential premises, garages, parking spaces, unfinished construction, outbuildings and structures in areas cleared for private household plots.
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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 purchasing real estate, the new owner inevitably faces issues of its registration, including cadastral registration.
The legal basis for regulating state registration of real estate is the Constitution of the Russian Federation, the Land Code of the Russian Federation, the Federal Law on State Registration of Real Estate, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them. State cadastral registration of real estate recognizes the actions of entering into the state real estate register information about real estate that confirms the existence or termination of the object of registration. Information about registered real estate objects is compiled by the Unified State Register of Real Estate (USRN). Without entering information into the state register, it is impossible to draw up documents for real estate, including an apartment, a residential building, or a garage. The procedure for registering such objects depends on the registration of the land plot on which they are located. Objects of state cadastral registration In accordance with the Law “On State Registration of Real Estate”, the objects of registration are:
- Land.
- Building.
- Premises.
- Facilities.
- Unfinished construction projects.
- Parking spaces.
- Unified real estate complexes.
- Enterprise as a property complex.
Transactions of purchase and sale, exchange, donation, and lease are possible only with objects registered with the state cadastral register. To carry out the above operations, you need an extract about the property, which looks like this.
Grounds for cadastral registration
Cadastral registration is carried out in connection with:
- Formation or creation of a real estate property.
- Termination of its existence (deregistration of the property).
- Changes in the unique characteristics of the property.
- By adding previously recorded objects.
Formation of a real estate object The formation of a real estate object means its creation and registration in the Unified State Register of Real Estate. For example, the object was jointly owned; by agreement of the parties (or after determining the appropriate shares), it was divided. It is also possible to merge, where one new object is created. Termination of the existence of a real estate object When a newly created object is formed, the rights must be registered, since state registration in the Unified Register of Real Estate is the only evidence of its existence. If registration of the right or lease of an object is not carried out, after five years from the date of registration it will be removed (excluded) by the cadastral registration authority. In the event of destruction, that is, termination of the existence of a building or structure, by virtue of the law, the owner has the right to independently apply for the removal of the object from the real estate register. Changing the unique characteristics of an object Each real estate object, information about which is entered into the state real estate cadastre, has a state registration cadastral number that is not repeated over time and on the territory of the Russian Federation. Other specifications may vary. Characteristics of objects entered into the real estate register The following information is entered into the state real estate cadastre: - type of real estate (land plot, building, structure, premises, unfinished construction site, parking space, single real estate complex, enterprise as a property complex); — cadastral number and date of entry of this cadastral number into the state real estate cadastre; - square; - Address of the object; — description of the location of the boundaries of the property; — description of the location of the property on the land plot, if the property is a building, structure or unfinished construction; — degree of readiness of the unfinished construction project; — number of floors, including underground floors (if the building has a number of floors); — building floor number (for apartments); - other additional characteristics. Previously registered objects Previously registered objects are information about real estate objects, the rights to which arose and were not terminated before the date of entry into force of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it.” Entering information into the Register, that is, registering a property, recording changes to a property, deregistering a property, correcting technical errors in information, is completed by preparing an extract about the property from the Unified State Register of Real Estate (USRN).
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.
What real estate is classified as non-residential premises for administrative, business and commercial purposes?
Non-residential premises with administrative, business and trade purposes are considered to be premises on the territory of which, according to cadastral passports, it is necessary to locate administrative offices, trade facilities, consumer services and public catering, or those actually used for these purposes (Subclause 2, Clause 1, Article 378.2 of the Tax Code of the Russian Federation). The actual use of non-residential premises is considered if at least 20% of its area is used for the listed purposes (clause 5 of Article 378.2 of the Tax Code of the Russian Federation).
For information on what to do with property tax if a property is included in the cadastral list by mistake, read the material How to pay property tax if the property is included in the cadastral list by mistake .
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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.
What kind of real estate belongs to both a shopping and administrative and business complex?
Art. 378.2 of the Tax Code of the Russian Federation also contains a description of those features of a real estate property that provide grounds for its recognition as both a trade and administrative and business complex or center (clause 4.1 of Article 378.2 of the Tax Code of the Russian Federation).
Such objects should be considered individual non-residential buildings and structures in which at least 20% of the area is actually occupied or intended according to cadastral passports for administrative offices, office support premises, meeting rooms, reception areas, as well as retail, consumer services and public catering facilities.
