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)
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).
In what form can I obtain information from the State Property Committee?
Depending on the situation: buying a house or selling it, resolving disputes with neighbors regarding the boundaries of a plot, etc., you may need certain data about the object. In this regard, the GKN provides the opportunity to obtain information in several forms, each of which differs in the volume of data and its privacy.
Cadastral passport
It is the main document reflecting data about the object. The legal significance of a passport is that in its absence it is impossible to conduct real estate transactions. Those. a passport is one of the required documents provided to register the transfer of ownership of an object.
Contains data on forms B1-B4:
- Cadastral number of the object . The number is unique and it contains the basic and main information about the site, house or apartment. The basis for generating the number is cadastral data: region, district and quarter of the location of the real estate (address).
- Information about dimensions (area);
- Material from which the building/apartment is made;
- Year of construction;
- Cadastral value.
Having structured the data according to forms, you can present it in the form of a table:
| No. | Form number | Content |
| 1 | 2 | 3 |
| 2 | IN 1 | Data about the object contained in its number - address and category of land, as well as information about the owner, cost, area, etc. |
| 3 | AT 2 | Site plan with a diagram, if land surveying was carried out. Otherwise, data in form B.2. will not be. |
| 4 | AT 3 | Information about the restrictions associated with the use of the object. For example, for land plots, there are restrictions related to the location of the object in a protected area, water protection zone, etc. |
| 5 | AT 4 |
- It is worth noting that only those objects that have been registered with the state registration authority - in the Rosreestr branch at the location of the object - have a passport. Otherwise, when applying, the object is first registered, and then its cadastral passport is drawn up.
Amendments to the legislation provide for the mandatory inclusion of data on the boundaries of the territory for plots in the passport. Without this information, it will be impossible to carry out any manipulations with the site related to its sale. This amendment will come into force in 2018. For this purpose, since 2015, Rosreestr has been conducting a total revision of borders.
Cadastral extract
It is formed on the basis of the data specified in the information base of the State Tax Committee. Roughly speaking, it duplicates the information specified in the passport. However, the extract contains complete data about the object. The list of information required to be provided is compiled by the customer independently.
- Information from the extract is necessary for carrying out land surveying work, as well as for clarifying the boundaries of the site in case of disputes.
The information in the extract is provided using forms KV.1-KV.6.
Having structured the data according to forms, you can present it in the form of a table:
| No. | Form number | Content |
| 1 | 2 | 3 |
| 2 | KV.1 | Data B.1 of the passport |
| 3 | KV.2 | Data B.2 of the passport |
| 4 | KV.3 | Data on the internal boundaries of the site, if it is divided. To be filled in if land surveying has been carried out. Otherwise - data in the form KV.3 - KV. will not be. |
| 5 | KV.4 | |
| 6 | KV.5 | Data on the boundaries of the site, as well as basic information about the neighbors: numbers, information about the owners, etc. |
| 7 | KV.6 | Data on border turning points using a dual coordinate system. |
The main purpose of the extract is informative.
- Available for receipt even for those categories of objects that are not registered with Rosreestr. However, in this case, the extract will contain information only about the location of the site and its boundaries, as well as the fact that the object is not registered.
Cadastral plan of the territory
Contains information about the site, as well as objects located on it. Those. these are forms B.2. and KV.2. passports and statements.
It is mainly used by engineers to carry out cadastral and land surveying work; therefore, it is not particularly significant for other categories of persons.
- The legal significance of the territory plan lies in the fact that without it it is impossible to formalize ownership of land or an object, as well as to register it in the cadastral register.
The plan reflects to the smallest detail all the objects located in the described territory. The required attribute is an image with a clearly reflected boundary of the site.
The information in the extract is provided using forms KV.1-KV.6.
Having structured the data according to forms, you can present it in the form of a table:
| No. | Form number | Content |
| 1 | 2 | 3 |
| 2 | KV.1 | Data B.1 of the passport |
| 3 | KV.2 | Data B.2 of the passport |
| 4 | KV.3 | Data B.2-B.4 passport |
| 5 | KV.4 | Detailed close-up diagram of each part of the site. |
| 6 | KV.5 | KV.5 extract data |
| 7 | KV.6 | KV.6 extract data |
Cadastral certificate about the cadastral value of the property
A document drawn up according to the sample, reflecting the cost of the object.
- First of all, the cadastral number contains the value of the object. Since the number reflects information about the region, district and quarter, the territory on which the property is located. This is extremely important information when purchasing a plot of land or a country house, since the fertility of the soil directly depends on its location.
The certificate is issued for each of the objects separately. Those. if there is a house on the plot, then a certificate for the plot itself and the house located on it will be drawn up separately.
Data on the value of the object is updated every 5 years. However, in legal transactions, certificates whose validity does not exceed 1 year are accepted.
Copies of documents on the basis of which the information was entered into the State Property Committee
These could be:
- technical or boundary plan,
- administrative resolution on the basis of which a change in the permitted type of use of the land plot was made
- a document confirming the legality of changing the purpose of the premises or building,
- a document with information about the owner or address of the property, etc.
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.
Analytics Publications
The current legislation, which provides for detailed regulation of the procedure for the formation of land plots, does not regulate the mechanism for the formation of capital construction projects from already existing objects. In this regard, in practice, a significant number of disputes arise regarding the order in which accounting and registration actions should be carried out during the formation of such objects, in particular when dividing or merging the original capital construction projects.
In this article we will dwell on certain aspects of the legal regulation of cadastral registration of real estate objects during their formation, issues of law enforcement practice and legislative initiatives.
Education through reconstruction
To involve an object in civil circulation as an independent real estate object, it is necessary to carry out its cadastral registration, which confirms the existence of a real estate object with characteristics that make it possible to define it as an individually defined thing.
In accordance with clause 2, part 3, art. 14 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”, when creating capital construction projects, cadastral registration and state registration of rights are carried out simultaneously in relation to all created real estate objects. At the same time, by virtue of clause 2 of Art. 14, provisions of Art. 41 of Law No. 218-FZ, the grounds for carrying out state cadastral registration and (or) state registration of rights to a formed capital construction project are a permit to put the facility into operation, a technical plan of the facility attached to the permit to put the facility into operation, and other documents provided for by law (in particular, an agreement on the division of a real estate property - when dividing an object that is jointly owned by several persons).
Thus, the main document necessary for carrying out registration and registration actions in relation to the formed object is the commissioning permit, obtained as a result of construction work (reconstruction of the object) and reflecting the changes made to its main characteristics.
The stated conclusion is consistent with the position of Rosreestr. Rosreestr explains that capital construction projects cannot be formed as a result of the division of the original object without its reconstruction. For cadastral registration and registration of rights to an object formed from a single initial capital construction object, it is necessary to submit a commissioning permit confirming that the formed object complies with established urban planning requirements and design documentation.
The stated position of the registration authority is supported by the courts.
At the same time, this approach does not take into account the specifics of individual real estate objects, the transformation of which is possible according to other rules. The Russian Ministry of Economic Development has issued clarifications regarding the possibility of dividing certain types of capital construction projects for the purposes of cadastral registration and state registration of rights without carrying out their actual reconstruction.
Thus, according to the position of the Ministry of Economic Development of Russia, in certain cases, if construction work on its physical section was not required and was not carried out in relation to the object, registration and registration actions can be carried out on the basis of a technical plan containing a description of the characteristics of the object and confirming that the reconstruction of the original object was not implemented. In this case, an appendix to the technical plan may be a conclusion based on the results of a technical inspection of the formed object, confirming the possibility of autonomous operation of such an object, regardless of other objects formed as a result of the division. At the same time, according to the stated position of the Ministry of Economic Development of Russia, cadastral work for the purpose of entering information about the formed objects into the Unified State Register can only be allowed if the original object is a divisible thing.
In addition, in practice it is recognized as acceptable to partition without reconstruction of such a specific object as a production and technological complex (PTK) of railway transport: the division of an autonomous part of the PTC is carried out on the basis of the decision of the owner of the complex and the technical plan.
It is necessary to take into account that the above positions were formed for the purpose of carrying out cadastral registration in relation to specific real estate objects - individual residential buildings (for cadastral registration and registration of rights to which the legislation provides for simplified procedures), highways divided without actual construction work, as well as PTC railway transport, historically formed as a set of independent objects, for convenience previously taken into account as a single real estate object.
At the same time, the question of the possibility of applying a similar approach in other cases remains debatable. Given the above basic position of regulators and courts, the use of such an analogy seems unlikely. Is it permissible to change the appearance of an object? Particularly noteworthy is the question of whether, as a result of the transformation of a capital construction object (objects), objects of different types can be formed. For example, can a building and a structure be formed from a building as a result of division, and can the purpose of the original object be changed?
According to the explanations of the regulatory authorities, as a result of the division of a capital construction project, only objects of the same type can be formed, but with their own characteristics different from the characteristics of the original property. At the same time, there are clarifications confirming that when an object is formed as a result of its reconstruction, a change in the appearance of this object may occur. So, for example, as a result of the reconstruction of a building (structure), an unfinished construction object may be formed.
We also note that Rosreestr directly indicates the impossibility of changing the type of an object in order to take into account changes in its characteristics. The government agency considers the only possible mechanism for such a change to be the cessation of the existence of the original object of one type and the formation of another object of a different type as a result of reconstruction with the registration of a new object for cadastral registration.
Bill on the procedure for the formation of real estate objects
In order to improve the issues of state cadastral registration and registration of rights to created real estate objects, the Ministry of Economic Development of Russia has developed a bill that provides for regulation of the procedure for the formation of real estate objects that are not land plots.
This bill establishes the general procedure for the formation of real estate objects - due to the completion of their construction or as a result of the reconstruction of objects. The bill provides conditions for the admissibility of the formation of objects, for example, a condition on ensuring access to the created objects. In addition, it establishes special rules for the formation of certain types of objects. Thus, without carrying out construction work, structures can be formed - by dividing or combining other structures. The bill proposes to regulate the issues of the emergence and preservation of rights, encumbrances (restrictions) on created and changed real estate objects in buildings, structures, establishes requirements for agreements between co-owners on the formation of real estate objects, as well as cases of formation of objects by court decision.
The lack of proper legal regulation of the formation of capital construction projects entails numerous difficulties for owners of real estate in the use of their property, and therefore the development of appropriate regulation is a long-overdue necessity.
At the moment, it is not possible to determine whether the changes proposed by the ministry will be accepted and, if so, in what edition. At the same time, the very fact of conducting relevant legislative work gives hope for resolving the problems of creating capital construction projects.
