What does the status of current previously taken into account mean?

What is the legal status of a land plot?

Legal status of the land plot

includes intended purpose, permitted use, form of legal ownership.
... The procedure for establishing and securing the boundaries of a land plot
is determined by a specially authorized state body.

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When registered with the state cadastral register, land plots are endowed with a number of characteristics, both basic and additional. In addition to the characteristics that are obvious to everyone (cadastral number, area, address, etc.), land plots also have a category of land and type of permitted use (and this is not the same thing). The intermunicipal department for the Gulkevich and Caucasus regions of the Rosreestr Office for the Krasnodar Territory brings to your attention information about what the status of a land plot means - temporary, registered, cancelled.

Information about a real estate property can have the following status: “temporary”, “recorded” (or “previously recorded”) and “cancelled”. In the case when a land plot is registered in the cadastral register without subsequent registration of ownership rights to it, the status of the entry about such a plot in the Unified State Register will be “temporary”. The status of the object will be “temporary” in Rosreestr until the procedure for registering ownership rights to such a land plot is carried out. Moreover, if the land plot was registered before January 1, 2021, then the rights to it must be registered before March 1, 2022. “If the plot has been registered in the cadastral register, i.e. its individual characteristics are included in the Unified State Register, but for some reason the registration of the right to it was not carried out, then after March 1, 2022, the entry in the Unified State Register about such a plot will automatically acquire the status “cancelled”. Accordingly, the cadastral registration procedure will have to be completed again,” reports the Cadastral Chamber for the Tula Region. Land plots in respect of which the procedures of state cadastral registration and registration of property rights (or other property rights) have been carried out in accordance with all the rules and regulations required by current legislation have the status of entry in the Unified State Register of Real Estate “registered”. The owner of a land plot, the entry in the Unified State Register of which has the status of “registered”, can perform any legal actions and transactions in relation to such an allotment: divide, merge, sell, donate, lease, change the type of permitted use, etc. What needs to be done to change the status of a land plot from “temporary” or “cancelled” to “registered”? To change the status of an entry in the Unified State Register of Land Registers about a land plot from “temporary” to “registered”, it is enough to register the right to such a property. In order to transfer a land plot from “canceled” to “registered”, it will be necessary to re-prepare the boundary plan, and accordingly, the application will be submitted for simultaneous cadastral registration and registration of property rights. Well, we believe there is no point in transferring a land plot from “registered” to other statuses. You can check the status of a land plot using open sources, such as the public cadastral map and the Rosreestr portal; you only need to enter the cadastral number. Also, the status of information about a real estate property is indicated in an extract from the Unified State Register of Real Estate for such an object.

The concept of a temporary site and its legal features

Any land plot must be registered with the state. After such setting, the specific parameters of the land plot, including its status, are reflected in the Rosreestr database.

Until the plot is registered or information about it is confirmed, the plot will be designated temporary status. In fact, the owner can dispose of it, for example, have a building on it for living or farming, grow plants on it, but his rights will not be properly documented.

Until the information is entered into Rosreestr, a plot with temporary status does not have a legal owner.

The main feature of the temporary status is that, in fact, it has not yet been deregistered; the state assumes that a certain owner uses it for its intended purpose and owns it, but due to the uncertainty of its legal status, sets a period for its full registration.

Before the end of the specified period, the owner must either register the plot or redeem it. In any case, after this, state registration is still carried out. Only after this the allotment receives the status: “registered”.

At the owner's initiative

There are situations when a decision regarding deregistration in the cadastre is made not only by the bodies of this service. The owner of the property also has the right to delete information about a land plot. Also, this right is possessed by a person who has a notarized power of attorney on behalf of the owner of the land plot.

As for the owners who want to divide the property, the removal of a plot of land from the cadastre will require the consent of all land owners. In this case, the document must be drawn up in writing.

The procedure for excluding data on a land plot from the cadastre is carried out within 18 calendar days. If this period is extended without compelling reasons, it is considered illegal.

ATTENTION! Persons who have recently entered into an inheritance also have the right to cancel data on a property.

Package of documents required for deregistration of a property:

Applicant's passport details.
The original document, including its copy, which confirms the right to ownership of the property.
Cadastral plan.
A copy of the land survey report.
Statement.

All documents, with the exception of the deed, must be available to the owner of the site. The act will need to be received.

This form will certify information that will be the basis for canceling data about it from the state cadastre. It is compiled by a qualified engineer.

The document is signed by a BTI employee, who must have a certificate, otherwise his signature will be invalid. The document must be signed in the presence of an authorized body. If all actions are carried out on the basis of a power of attorney, then it must also be attached to the package of documents.

As a rule, the applicant does not have to fill out anything. Basically, all information is entered by an employee of the organization into a special form, which the applicant must carefully check and sign.

Reasons for refusal to cancel

The service of retrieving information about a property may be refused for several reasons:

A plot of land is not an object of ownership.
The application was written incorrectly.
The form of the documents provided does not meet the requirements of federal law.
The immovable property does not belong to the transformable property and therefore, on the basis of legislation, cannot be deregistered.
3 months after the decision to suspend state registration, the reasons that became the basis for this decision were not excluded.

A written refusal must be provided explaining the violation. In the future, it can be challenged in court.

What are the dangers of temporary status?

As noted earlier, temporary land plots do not entirely belong to the person who uses them. According to the new rules, it can register its ownership or lease rights until 2022. If this is not done, all rights to this territory will be lost.

In this case, the owner must receive notice of cancellation of registration in advance (six months in advance). However, experts recommend that you still clarify the status of your site and, if necessary, perform registration actions with it.

What does temporary certified site status mean?

A plot that has certified status can be taken away at any time for public needs, for example, for the construction of a road

The temporary certified status of a land plot means that it belongs to the state or a municipal organization.

It is simply temporarily transferred for use or is leased. Therefore, such a plot can be alienated at any time.

It may be given over for the construction of roads or the laying of any communications. Thus, this territory can be put up for sale at any time.

Suspension or refusal

After the applicant’s application, the cadastral service can make several decisions:

Assign deregistration status.
Pause the procedure.
Refuse to satisfy the applicant's demands.

The period for consideration of the application with the attached package of necessary documents in the cadastre is 10 days from the date of its registration. The procedure is suspended if:

There are no documents required in accordance with regulations governing cadastral registration.
There is a discrepancy between the data on the plot of land in the cadastre, and there are also discrepancies in the applicant’s documents about its area or boundaries.

A decision is made to suspend the procedure, indicating the reasons, recommendations for correcting them, a list of missing documents or errors in the application. This decision is made for a period of up to 3 months. This time is given to eliminate existing shortcomings.

Deregistration of land will be refused if:

The property specified in the application is not subject to cadastral registration.
The reasons for the suspension were not eliminated within the established three-month period.
The application was written by an improper person, and also if the provided papers do not comply with the requirements of the law.
Transformation of this object is not allowed.
Documents are invalid due to expiration or are certified in an improper manner.

The decision to refuse indicates the reasons, as well as possible improvements to the errors.

Division of temporary land plot

The division of a land plot, which has a temporary status, will actually be impossible.
The owner will first have to carry out cadastral measures, carry out land surveying and clarify the boundaries, and then register it. Registration is possible simultaneously with the division. So, after land surveying and receipt of the relevant documents, an application is submitted to Rosreestr and the plot is divided into two or more plots, if such a technical and legal possibility exists.

When dividing, it is worth remembering that each municipality sets its own minimum size of a plot, which can be allocated separately and assigned its own address.

What to do

After deleting a cadastral record of real estate, the question arises: is it possible to re-register the property, and how to restore the cadastral number? In this case, you can register the plot of land with the state cadastre again.

ATTENTION! Information about it can be restored to the state register only if its cancellation had no legal grounds. In this case, the number in the cadastre is also restored.

The procedure required to re-register a land plot with the state cadastre:

Contact the body that is authorized to handle state registration of real estate.
Submit an application requesting re-registration of a plot of land.
A land surveying plan is attached to the application. To complete it, you need to contact an engineer who can solve cadastral problems and correctly uses the data on the basis of which the land plot was registered for the first time. That is, re-determining the coordinates, as well as the boundaries of the earth, will not be required.

After a new registration with the cadastral authorities of the property, it will be assigned a different cadastral number, different from the one it had before the cancellation procedure.

Legal regulation

Legal regulation of determining and changing the status of a land plot is carried out on the basis of current legislation. So, first of all, you should pay attention to Federal Law No. 221-FZ of July 24, 2007 “On Cadastral Activities”, which establishes a provision according to which plots will be considered temporary until March 1, 2022. It is until this moment that it will be necessary to decide on their registration.

The registration process itself is regulated by Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate”.

Link to document:

Reasons for removal

An exception from the State Tax Code means that an object has been removed from the cadastral register because the following occurred:

cadastral work on the division of a plot or consolidation of land;
reconstruction of the house with changes in its parameters and quality characteristics;
demolition of a building that has fallen into disrepair or was destroyed by the elements;
separation by intermediate walls or combining several buildings under one roof;
reorganization of a communal apartment.

Dismantling of buildings, their exclusion from the balance sheet of the organizations in which they were registered, or individuals. persons means that they have been removed from the cadastral register.

Documenting

Before removing a previously destroyed house from the cadastral register, its owner calls a cadastral engineer to inspect and draw up an inspection report of the property. The building can be demolished at the request of the owner or cannot be restored due to the influence of the elements. The owner, based on the engineer’s conclusion, transfers the information to the MFC, after which the procedure for excluding information about the real estate on the site takes place.

A plot of land can be divided into several parts. In this case, upon completion of the procedure, new areas are formed, and the old one is subject to exclusion from the registers. This may be another reason why the property details include a note that it no longer exists.

In this case, the owner must have a boundary plan for the land plot drawn up by a land surveyor. Based on the owner’s application to liquidate the house when the land underneath it is divided into parts, the building is assigned a special status, indicating that there is no data about it in the register, which means that the object has been removed from the cadastral register.

It happens that a house has already been demolished, and the question arises of how to properly remove it from the cadastral register. The owner will still have to call a technical specialist to study all the circumstances, who will issue an inspection report. Without this document, the building will not be deregistered.

Purchase and sale of lands with temporary status

In practice, it is possible to carry out a civil purchase and sale procedure if the seller has the appropriate deed of title. However, without registration, especially if the site still has certified status, it cannot be the subject of civil circulation. In this case, certain difficulties will arise when registering the allotment with the new owner.

How to find out the status of an object?

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To check the status of registration for your property, you need to order an extract from the Unified State Register of Real Estate. This can be done online on the Rosreestr website or ordered through any MFC nearby.

Online you can view reference information on the object on the Rosreestr website through the section “Online reference information” . The status of the property is displayed in the extract for the property in the “special notes” , and in the same way in the extract in electronic or printed form.

How to change or cancel the cadastral number of a plot?

A cadastral number is assigned to each land plot included in the state real estate register (USRN). It allows you to clearly identify the land plot. Typically, a number is assigned to a site at a time and cannot be changed. But sometimes situations arise that require owners to take active action to change the current cadastral number.

In what cases may it be necessary to change and cancel the cadastral number of a land plot?

The conditions for changing cadastral numbers or canceling them are contained in law 221-FZ , adopted in 2007 and dedicated to the state real estate cadastre.

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According to paragraph 3 of Article 16 of the said law, a change in the cadastral number is required in the following cases:

the address of the land plot or the description of its location has changed (if there is an order from the municipal authorities);
the plot was combined with neighboring ones or, on the contrary, divided into several (i.e. the area of the land plot was changed).

For some modifications to the characteristics of a land plot, it is required to report this to Rosreestr and make changes to the State Property Committee. However, the cadastral number itself will not change. For example, the cadastral value changed, new objects and buildings appeared on the site, and an encumbrance was established.

The right to change the cadastral number belongs to Rosreestr. It is carried out on the basis of an application from the owner or his authorized representative. He will need to document his rights to the plot of land.

If the cadastral number is changed, the old one is canceled and can no longer be used to identify plots of land.

How to change the cadastral number?

Rosreestr maintains state records of real estate in Russia. This is where you need to go to make changes. The application is submitted to the territorial office of Rosreestr at the location of the land plot. You can find out the addresses of regional offices and authorized branches for accepting applications directly on the department’s website.

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Other ways to make changes is to transfer documents through the MFC or by Russian post. Rosreestr also allows you to send an application in electronic format through the website.

The documents required from the applicant to amend the State Tax Code will depend on the specific situation. This list may include:

Applicant's passport and power of attorney to represent interests (optional).
An extract from the Unified State Register of Real Estate (it must, among other things, confirm the ownership rights to the applicant’s land).
Boundary plan and cadastral passport.
The administration’s decision to change the address, transfer land, clarify their intended use.
Technical plan for the located buildings.

In any case, the owner will be required to fill out an application form for making changes. It can be filled out directly during a visit to Rosreestr or in advance. The application must include:

name of the Rosreestr body;
the reason that prompted the owner to make changes (what characteristics of the site have changed);
information about the applicant;
list of attached documents;
consent to the processing of personal data;
preferred method of receiving a decision on the application (in person, by mail or through a representative).

The edits themselves are made free of charge. The state duty is paid only if the owner needs to obtain a new extract from the Unified State Register of Real Estate.

The department will have 18 days to change the number and make amendments to the State Tax Code. But when submitting an application by mail or through the MFC, the specified deadlines can be extended by the time the notification is delivered by the postal service or MFC couriers up to 21-25 days. Land owners will always be able to track the status of application processing online using the number issued to them.

How is a cadastral number canceled?

In a situation where the owner becomes aware of the cancellation of information about a land plot and its exclusion from the State Property Committee, he needs to take measures to register the plot with Rosreestr. Only in this way will he be able to legitimize his rights to the land.

This procedure involves going through the following steps:

Collection of the necessary set of documents. The list of required documentation includes: the applicant’s passport; boundary plan drawn up by a cadastral engineer; application for registration of the site. The specified list of documents is not exhaustive and can be supplemented taking into account the specific changes.
With the presented set of documents, you must contact the Rosreestr branch, the MFC (pre-registration for an appointment is allowed) or send them electronically using the government services portal. This service is provided free of charge.
Receive an extract from the Unified State Register of Real Estate, confirming the assignment of a cadastral number and the introduction of changes to the State Tax Registration Number.

Thus, when canceling the cadastral number, the user must re-register the land, since there is no possibility of restoring information from the State Property Committee.

Dear readers, the information in the article may be out of date, please take advantage of a free consultation by calling:

Source: https://zakonguru.com/nedvizhimost/zemelnyj/uchet-zemelnyj/nomer/izmenenie-i-annulirovanie.html

Cadastral registration

By cadastral registration we mean the entry by authorized bodies of the necessary data into the cadastre , which allows for the further identification of a property that will be subject to further registration.

The reasons why real estate may acquire the status of deregistration or cancellation may be the following:

When an object ceases to exist as a result of its destruction by natural disasters.
Its dismantling is in accordance with the law.
When there is a change in characteristics considered unique, as a result of which the legal status of the object cannot exist in its previous form.

The reasons for changing individual characteristics may be the following:

Repair work or reconstruction of a capital structure, when, as a result of construction work, an extension is added, or changes occur in the building area of a plot of land.
A land plot or permanent structure is divided into several new objects.
The merger of several premises, as well as land plots, into one common object.

An object of property may cease to exist in other individual cases not prescribed by federal law. Also, deregistration can be carried out by decision of a judicial authority .