State cadastral registration of land plots

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?

What is the purpose of cadastral registration of plots?

The possibility of using land plots in the legal life of subjects of law correlates with the individual characteristics of such objects.
They must have a cadastral number, area, boundaries and other unique information. The presence of information about a real estate property in the Unified State Register makes it possible to carry out purchase and sale transactions, rent, donation and others with it.

Cadastral registration is carried out when:

• education;
• highlighting a part;
• changing individually defined characteristics, for example, boundaries or area.

Legal regulation of the procedure under consideration is carried out by Federal Law dated July 13, 2015 No. 218-FZ “On State Registration of Real Estate”.

The procedure for entering information into the Unified State Register is also necessary if a cadastral valuation of land plots is needed: the appraiser, based on the inspection and based on the register data, establishes the value of the land plot.

How is accounting carried out?

To register a land plot with cadastral registration, a legal basis is required. At the legislative level, actions are established that act as the beginning of legal relations for cadastral registration, these include the following:

1. Transactions on alienation of property.
2. Inheritance.
3. Acts of the court.
4. Bailiffs' orders.
5. Documents from government agencies confirming the transfer of ownership.
6. Boundary plan.

To carry out such a procedure as registering a land plot in cadastral register, you must submit an application to Rosreestr through the multifunctional center for the provision of state and municipal services (MFC). The application is filled out by the MFC operator. Below you can see the application form.

Among the documents that must be submitted along with the application to Rosreestr are the following:

• citizen's passport;
• power of attorney (if a representative applies);
• documents on the basis of which registration is carried out.

If a legal entity applies, it is necessary to provide additional statutory documents: a copy of the Taxpayer Identification Number (TIN), a copy of the OGRN, a copy of the charter, a copy of the order on the appointment of a manager. Documents are provided in both written and electronic forms.

The term for providing the service is seven working days from the moment the registration authority accepts the documents. This period increases by two working days if the application occurs through the MFC.

The end result of the public service is the introduction of changes to the Unified State Register. When filling out an application, it is indicated that it is necessary to obtain an extract from the Unified State Register or to complete all procedures without issuing one; such a mark is placed in the twelfth column of the application.

Our services

Our company’s specialists will provide assistance in registering and registering real estate.
We offer: Calculator of the cost and timing of our services - here

• collection and execution of all documents required for applying to Rosreestr;
• support of accounting and registration procedures, transactions;
• designing work related to changing the characteristics of real estate;
• Consulting support for the customer at all stages of the procedure.

With our support, registration of cadastral registration will take place without complications, without suspensions or refusals on the part of Rosreestr. For more information about our services, please call the numbers listed on the website.

Dacha amnesty extended: what to do before 2021

The concept of dacha amnesty refers to a simplified procedure for completing the procedures necessary for cadastral registration and registration of rights to land plots, residential buildings or outbuildings.

The dacha amnesty is included in the concept of cadastral registration of land plots; 2021 brought changes due to the entry into force of Federal Law dated August 2, 2019 No. 267-FZ. In accordance with it, the period of validity of the simplified procedure has been extended until 03/01/2021. Such a restrictive period affects only individual housing construction projects, therefore there are no time restrictions for land plots.

The procedure for registering through a dacha amnesty is as follows:

1. Contact the MFC with an application for state registration of the right to the object. The application is completed by an employee of the multifunctional center.
2. Provide documents that could confirm your rights: an act from a government agency or an extract from the household ledger.
3. Registration of rights and receipt of an extract from the Unified State Register of Real Estate confirming the fact of registration actions.

The above procedure applies to land plots, the rights to which arose before October 25, 2001. Registration occurs regardless of the type of right on the basis of which the property was acquired (property, inheritance, permanent use).

Preparing documents for cadastral registration: how not to make mistakes

For all participants in the real estate market, the issue of registering ownership of a particular property is always relevant. And the cadastral engineer is the specialist without whom this procedure cannot be done. After all, it is he, according to the current legislation, who is obliged to prepare the necessary documents for registering the object with cadastral registration. The fate of the entire process depends on the level of qualifications of this specialist: from the quality of document preparation to the amount of time spent interacting with the registration authorities, since any oversight or deficiency can lead to suspension or refusal of cadastral registration. In this material we will talk about exactly what documents a cadastral engineer prepares and what typical mistakes they usually make, so that both interested parties, the customer and the contractor, avoid these mistakes in the future. WHAT IS NEEDED FOR CADASTRAL REGISTRATION? Let us remind you that cadastral registration of a real estate property is carried out in the following cases: - if a new property is formed or created, - if its unique characteristics have changed, - in order to enter previously registered objects into the register (i.e. information about real estate objects, the rights to which arose and were not terminated until the date of entry into force of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”) - and, finally, if the property ceased to exist (in this case, accordingly, the reverse procedure is removal from cadastral registration). The creation of a real estate property is not only a brand new apartment in a house handed over by builders. A new property can be created as a result of a division or, conversely, a combination of property of two or more persons. As for the unique characteristics of the object, they include: ​ type of real estate (it can be a land plot, a building, a structure, a premises, an unfinished construction project, a parking space, a single real estate complex, an enterprise as a property complex);  cadastral number and date of its entry into the state real estate cadastre; ​ area; ​ object address; ​ 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; ​ if there are number of storeys - the number of floors, including underground; ​ for apartments – floor number of the building; as well as other additional characteristics. All objects listed in the paragraph “type of real estate” need to be registered in the cadastral register, since any transactions and procedures with them (purchase, sale, exchange, donation, lease) are possible only with objects, information about which is available in the Unified State Register of Real Estate (USRN). , consolidated register of real estate). For cadastral registration as of 2021, the following documents are required: - application of the interested person and a document proving his identity; — boundary plan (for a land plot); — technical plan (for capital construction projects); — inspection report; — a copy of the document confirming the applicant’s ownership of the property; — a copy of the document on changing the category of land and the type of permitted use of the site. Thus, we are primarily interested in the boundary or technical plan and the survey report. To submit these documents to Rosreestr, you must first contact a cadastral engineer and order the relevant work from him. The first two of these documents must be prepared at least in electronic form and certified with an electronic digital signature of a cadastral engineer (in paper form it is prepared additionally in accordance with the contract). An inspection report is drawn up as a result of an inspection of the location of the object in order to confirm the cessation of its existence due to death or destruction. It is the cadastral engineer who acts as a kind of intermediary between the interested party and the registration authority directly. The quality of information contained in information resources about real estate objects also depends on the professional level and quality of work of such specialists. CHOOSE AND CHECK Before concluding an agreement with a cadastral engineer, it is advisable to make inquiries about him. Of course, the best option for the customer is to contact a competent organization that will provide services with a quality guarantee. However, if you decide to choose a specialist yourself, you should first find information about him in the state register of cadastral engineers, posted on the official website of Rosreestr. This is a unified register at the federal level, the number of specialists included in it already reaches 40 thousand. In addition to personal data, it contains information about the availability of certification and the results of the professional activities of specialists. This is the first, basic and mandatory level of verification, since a specialist whose data is not in the specified register does not have the right to conduct cadastral activities, and therefore, the documents he produces at the registration authority will not be accepted from you, even if they are one hundred percent correct . In addition, you need to find the name of the specialist in the register of one of the many SROs, since from December 1, 2016, only engineers who are members of such self-regulatory organizations have the right to carry out cadastral activities. Moreover, each cadastral engineer can be a member of only one self-regulatory organization of cadastral engineers. To become a member of the SRO, a candidate must pass a theoretical exam, based on the results of which the specialist is issued a qualification certificate and assigned a register number. When meeting in person, also check the specialist’s seal. According to new legal requirements, from December 1, 2021, it must indicate the last name, first name, patronymic (if any) and the insurance number of an individual personal account in the compulsory pension insurance system of the Russian Federation. Other types of seals are not valid. Finally, when signing the contract, make sure that it indicates all types of work performed by the cadastral engineer. The contract must be accompanied by a work assignment and an estimate approved by the customer. TYPICAL MISTAKES OF CADASTRE ENGINEERS So, the work according to the contract has been completed. However, practice shows that even trusted specialists make mistakes when preparing documents. As a result, the cadastral registration period increases significantly and a lot of additional problems arise. Not to mention the fact that at any stage of approvals at the registration authority, the applicant may be refused if the cadastral engineer filled out the documents incorrectly. In May 2021, the branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Bryansk region analyzed the main mistakes made by cadastral engineers when preparing boundary and technical plans, as well as survey reports. The following typical errors were identified: 1) in the section of the boundary plan “Conclusion of the cadastral engineer” there is no justification for the location of the specified boundaries of the land plot; 2) the boundary plan provided in electronic form does not ensure reading and control of the submitted data; 3) in the annex to the boundary plan there are no copies of documents confirming the powers of the persons participating in the approval; 4) if there are buildings, structures, unfinished construction projects, or other objects on the land plot, the cadastral number of such OKS is not indicated in the boundary plan, or if there is no information about such real estate objects in the Unified State Register of Real Estate, the previously assigned state registration numbers (inventory or conditional) are not given in the boundary plan ), contained in the documents available to the customer of cadastral work; 5) the layout of land plots does not indicate access to the land plot being formed; 6) in the boundary plan there is no 6th detail of the section “Information on the specified land plots and parts” or there are no details of the document on the rights of the right holders of adjacent land plots and the address for communication; 7) in the section “Act of approval of the location of the boundaries of the land plot” of the boundary plan there is no agreement on the internal border with the legal holder of the land plot being specified; in technical terms, there is no act of a state authority or local government authority authorized to assign addresses to real estate objects;
9) the technical plan is not certified by the digital signature of the cadastral engineer; 10) there is no acceptance committee act confirming the completion of the redevelopment of the residential premises; 11) the address is not specified in a form structured in accordance with the Federal Information Address System (FIAS); 12) in the technical plan there is no out-of-scale drawing (outline) indicating the data necessary for drawing up the Floor Plan of the building; 13) the technical plan does not indicate the number and date of concluding the contract for the implementation of cadastral works; 14) there are no documents used in preparing the survey report. ENGINEER'S RESPONSIBILITY However, legislation protects the rights of citizens. Thus, the cadastral engineer is responsible for violations of the requirements of federal legislation, including the unreliability of the boundary plan information, on the basis of which information about the land plot is entered into the Unified State Register of Real Estate. If an error is discovered at the stage of registering a property, the customer will be forced to go to court. In this case, on the basis of a court decision, losses caused to the customer are subject to compensation through insurance compensation under the compulsory civil liability insurance contract for the cadastral engineer. But in any case, going to court is not what you expected, right? The quality of the cadastral engineer’s work is controlled by the self-regulatory organization of which he is a member (see SRO registers). According to the law, an offending specialist may face a fine of 30 to 50 thousand rubles, or he may be disqualified (banned from conducting professional activities) for up to 3 years. As we can see, the cost of cadastral engineers’ mistakes is high – not only for the customer, but also for the contractor himself. And therefore, experts advise not to act alone, but in any possible case, team up with neighbors and all contact one cadastral engineer. In this way, one person will work on the territory using one method, and the likelihood of making mistakes, in particular when clarifying boundaries, will be reduced to a minimum. A random error that has crept in can also be identified quite easily, immediately at the stage of document preparation. Let us note that for several years now they have been trying to solve the complex situation with errors of cadastral engineers at the state level, trying to introduce the so-called complex cadastral works. The purpose of these works is the centralized preparation of one or another map or plan of the territory. By acting in this way, it is possible to identify cadastral errors that have already been committed, settle boundaries out of court and prevent the emergence of new inconsistencies. However, for now we are dealing with individual orders and must be extremely careful to avoid mistakes.

How to remotely register a property

The official website of Rosreestr provides the possibility of remote access for the purpose of cadastral registration of real estate, including land plots. To complete the entire procedure, you must carry out cadastral work to survey the land plot and upon completion receive a survey plan. It is executed in digital XML format with an electronic signature of the specialist who carried out the work.

For remote cadastral registration, you must adhere to the following steps.

1. On the main page of the portal, in the “Electronic Services” section, select the “State Cadastral Registration” section.

2. In the “Submit an application for the Civil Code” window that opens, read the requirements for the documents provided. Indicate the type of property (1), its location (2), the form for obtaining the document (3), the form for providing the refusal (4). After that, enter the security code (5) and click “Go to applicant information” (6).

3. In the form that appears, fill in the fields indicating the type of applicant (1), identification and passport data (2), contact information (3), consent to data processing (4), confirmation of information (5) and click “Go to attached documents” (6).

4. In the “Submit an application for the State Civil Code” window, provide information about the document being sent (1), attach the boundary plan in an electronic XML file archived in zip (2), click “Save” (3).

5. Attach the remaining documents using the above method, and then confirm sending the documents to Rosreestr for review.

General provisions on how to register a plot of land for cadastral registration are indicated on the State Services portal. Such information is located in the appropriate section.

Transfer of documents

The application and collected documentation for registration of any object (building, structure, land, premises, etc.) are transferred to:

• Through the Rosreestr service (you need to go to the electronic services section). An electronic signature is required here.
• At the cadastre office (personal appeal).
• Using MFC. This is a multifunctional center providing a wide range of services. Before applying, it is important to make sure that the option you are interested in is provided. To avoid queues, it is recommended to make an appointment in advance by phone or through the Rosreestr resource.
• By mail. When choosing this option, the collected papers and application are sent by mail. A prerequisite is an inventory of the investment and notification of receipt by the cadastral chamber employees.

After sending the documentation, the application path is controlled through Rosreestr using a special section (“Checking the status of the request”). In this case, the method of paper transfer does not matter.

Why can they suspend or refuse the procedure for registering a land plot?

When applying for cadastral registration services, you may be faced with decisions of the registration authority to suspend or refuse.

Clause 1 of Art. 26 of Federal Law No. 218-FZ of July 13, 2015 establishes an exhaustive list of grounds on which suspension of the provision of public services is possible. Among them, the most common are:

• application from a person who does not have the authority to perform accounting;
• lack of a complete set of documents;
• the materials submitted for registration have inaccurate or controversial data;
• the applicant does not have rights to the property.

If the registration authority identifies one of the grounds for suspension, an appropriate decision is made and communicated to the applicant. The maximum period for eliminating deficiencies is three months.

The reason for refusal can only be failure to comply with requirements, which was the basis for suspension of cadastral registration. This exceptional position is enshrined in Art. 27 of the Federal Law of July 13, 2015 No. 218-FZ.

What is land overlay and how to fix it

Despite modern technical measurement devices used in cadastral registration, in practice situations arise in which land plots overlap or inaccurate data is entered into the Unified State Register. Object overlap represents the mismatch and intersection of the boundaries of registered objects.

If the boundaries of your plot are incorrect and as a result it overlaps with another, contact a cadastral engineer and carry out work to clarify the boundaries. He will draw up a boundary plan, in which he will indicate that it has been prepared in connection with the correction of the error. After this, you should contact Rosreestr with an application for cadastral registration in connection with a change in the description of the boundaries of the object. The application is accompanied by a boundary plan, drawn up with amendments. The error will be corrected by clarifying the boundaries of the property. Based on the results of consideration of the application, Rosreestr will make a decision on making changes.

If the boundaries of a neighboring plot are incorrect and its owner does not agree to a voluntary change in the contour, the dispute will have to be resolved in court. The court decision is the basis on which the cadastral error will be corrected; Judicial practice does not establish the facts of violation of the rights of the plaintiff as a basis for the imposition of land plots. This position is established by the Ruling of the Supreme Court of the Russian Federation dated December 16, 2014 No. 18-KG14-159 - the mere fact of overlapping the boundaries of the defendant’s land plot with the boundaries of the plaintiff’s land plot does not prove a violation of the latter’s rights.

Underwater rocks

Extracts from the Unified State Register are considered unlimited. This issue has its pitfalls. All data is considered reliable at the time of receipt of the extract. After the five-year period, it is worth conducting an inventory of residential buildings. It is worth checking the data; perhaps there will be disagreements with the redevelopment statement. It turns out that the technical plan contains an outdated version. If the changes are not recorded anywhere, the owner of the apartment will need to pay a fine. To avoid penalties, you need to report all changes in advance to the authorities supervising residential properties. Calling an architect to obtain permission to remodel your home will help you avoid violating regulations.

When submitting an application, an MFC employee must write you a receipt indicating the date when to pick up the completed certificate. If the date is not specified, then you should point out to the employee his mistake; the time you will spend on this procedure depends on this.

https://youtube.com/watch?v=cfEyvIojV1A

What errors can you encounter when entering information into the Unified State Register of Real Estate?

Accounting errors can be registry or technical:

1. Technical ones are quite easy to correct, since they are arithmetic or grammatical typos. For example, information about coordinates in the USRN may contain an incorrect numeric value. To eliminate this problem, you must contact the MFC with an application for change, providing documents containing correct data. The period for Rosreestr to correct a technical error is 3 working days.
2. Registry errors, unlike technical ones, are more complex. They are associated with incorrect work to establish boundaries. Such an error can be corrected by a court decision or by issuing a corresponding act by a government body. From the moment you submit documents for correction, the government agency will be required to make changes within 5 working days

Refusal of registration

Authorized bodies may refuse to issue cadastral paper. There may be several reasons for this decision:

1. The package of documents is incomplete. The required paper may be missing. In this case, you can once again review your archives, find the required sheet and bring it to the Unified State Register of Real Estate.
2. An error was found during registration. A citizen may have incorrectly provided his/her personal data or information about living space. In this case, the authorities give the right to correct the mistake and bring correct data.
3. Deliberate concealment of information. If there have been changes in the layout that are not displayed anywhere. Actions are subject to punishment if an architect was not called during the repair work. Violations in wall panels are possible, although citizens should be aware that load-bearing walls should not be touched during redevelopment. Such cases are resolved through the courts.