The plot has been removed from the cadastral register - what does this mean?

What are the grounds for deregistration of a site?

Removal of a site from cadastral registration is accompanied by changes and partial removal of current data about it from the official unified database of our country. Naturally, information entered into the register will not be deleted without a reason; legal grounds are needed:

1. Initiative of the owner (for example, the plot was deregistered during division, etc.);
2. Exclusion from the Unified State Register of temporary information about the site;
3. Other grounds provided by law.

The plot was removed from cadastral registration at the initiative of the owner

If plots are divided, combined or redistributed, that is, other, newly created plots are formed from the original land plots, then simultaneously with registration, deregistration occurs. This is provided for by the Land Code (Article 11.2). At the same time, the owner does not need to write any additional statements to deregister the site.

There are cases when a plot is removed from the cadastral register by a court decision. This mainly happens when cadastral errors are identified in the Unified State Register of Real Estate. In this situation, the owner applies to Rosreestr with an application to remove the plot from cadastral registration, having in hand such a legal basis as a court decision.

Temporary nature of information about a land plot - what does this mean?

When the Unified State Register of Real Estate was created and replenished, information from two other sources from the State Property Register (State Real Estate Cadastre) and the Unified State Register of Real Estate Rights was transferred to it.

All information about lands and other real estate objects was merged into a single database and the newly generated data acquired the status of previously recorded ones. Along with this, the Unified State Register is constantly updated with new information, which is reflected on the public cadastral map.

Rights to some lands have still not been registered. That is, the plot is registered in the cadastral register, but the ownership of it is not properly documented, as required by law. If the copyright holder does not declare itself before March 1, 2022, information about such a site will be excluded from the Unified State Register of Real Estate, which means the site will be deregistered.

Other grounds for removing a plot from cadastral registration

In addition to those listed, there are other grounds, for example, a forest plot can be removed from the cadastral register if it turns out that it is located within the boundaries of other land plots. As a rule, this applies to the lands of agricultural settlements, the lands of which border on forest areas and overlap the forest areas in coordinates. Deregistration occurs in order to avoid such overlapping of lands on top of each other. Also, the law provides for the specifics of deregistration of sites located in the Far East.

There are often situations when gaps in legislation prevent citizens and legal entities from fully exercising their rights. For example, a citizen purchased a plot of land and decided to build a building on it, but it turned out that, according to information from the Unified State Register of Real Estate (hereinafter referred to as the EGRN), a capital construction project is already located on this plot, but the owner of the property did not register the right to it and in fact the object no longer exists on earth. Or the owner of the property (legal entity) was liquidated or died (individual), and the rights to the object were not inherited by other persons.

Naturally, the information from the Unified State Register must be brought into line with reality. However, until recently this was not entirely easy to do.

Until July 13, 2020 in accordance with Part 2 of Art. 15 of the Federal Law “On State Registration of Real Estate” (hereinafter referred to as the Law), only the owner of such an object could submit an application and a package of documents to remove a capital construction project from cadastral registration. But when the applicant did not have title documents for such an object, the rights registration authority made decisions to refuse deregistration. There was only one way left - going to court with a claim to remove the disputed object from the cadastral register.

However, even in the case of going to court, problems arose, since it is difficult to determine the defendant in such a dispute and, as a rule, the plaintiffs indicated as a defendant the rights registration authority, which is fundamentally wrong, since the Office has no material and legal interest in the disputed object real estate and does not lay claim to it, thereby not violating the plaintiff’s rights,” the Rosreestr Office for the Republic of Adygea commented on the situation.

This problem was resolved with amendments to the Law on Real Estate Registration. Now the legislator has provided for such situations and added Part 2 of Art. 15 of the Law with new paragraphs.

So, according to clause 2.1, part 1, art. 15 of the Law, a capital construction object that has ceased to exist, the rights to which are not registered in the Unified State Register of Real Estate or the owner of which was liquidated (legal entity) or died (individual), and the rights to the object have not been inherited by other persons, can be removed from cadastral registration by the owner the land plot on which such an object was located.

The introduction of this provision filled the existing gap in the legislation, which will allow participants in civil transactions to fully realize their rights without additional litigation.

How to remove a land plot from cadastral registration

Only an authorized body, Rosreestr, can remove a land plot from cadastral registration.

When the owner applies for the division (merger) of land plots, then the original plot (the one that is divided or combined) is removed from the cadastral register simultaneously with the registration of new plots. The division, merger or transformation of a plot is accompanied by the preparation of a boundary plan, which will be the basis for removing the original plot from cadastral registration.

Land surveying, in turn, is carried out by cadastral companies. You can select the one you need using the catalog of performers.

In the case when a land plot is removed from cadastral registration by registrars on the basis of a court decision, then cadastral registration is terminated on the basis of an application for deregistration, as well as a court decision and other supporting documents.

What to do if the developer is bankrupt

1. Submit an application to the bankruptcy trustee to include the claims in the register of creditors. You can demand the transfer of the apartment or a refund.
2. If the house has already been put into operation, apply for recognition of ownership of the apartment to the arbitration court.
3. If the house is not completed, it will be completed at the expense of the compensation fund, the fund of the constituent entity of the Russian Federation, another developer - the acquirer of the rights to the property and obligations of the bankrupt, or at the expense of the housing cooperative.
4. If you do not want to wait for the completion of construction, you can receive a monetary refund, but this can only be done until the property and obligations of your developer are transferred to the new developer.
5. If contributions to the fund were not paid by the developer or were not paid for all of the building’s settlements, then the amount under the contract and the actual damage, penalties and fines are paid in the third order - but the debtor’s money may not be enough to pay all creditors.
6. If contributions to the fund have been paid, wait for the announcement of the start of accepting applications on the website of the fund for the protection of shareholders, submit an application for payment of compensation, and within 10 days it will pay the compensation. The fund does not reimburse for penalties, moral damages, fines and losses - they are received in the third stage of register claims.
7. If the payment was made through an escrow account, submit an application for termination of the equity participation agreement to Rosreestr. After the agreement is terminated, the bank will close the escrow account and return the money to you. There is no penalty in this case.

Instead of output

The removal of a site from cadastral registration, as well as its registration, is carried out by the registrars of Rosreestr, if there are legal grounds for this. Registrars are guided by federal legislation and also act in strict accordance with Order of the Ministry of Economic Development dated December 16, 2015 No. 943 “On the procedure for maintaining the Unified State Register of Real Estate,” which contains a list of grounds and procedures for removing a site from cadastral registration.

The plot has been removed from the cadastral register - this means that its cadastral number has been cancelled, therefore information about the boundaries and area is not reflected in the unified register. However, the archive contains information about what the land plot was like previously (its cadastral number, coordinates, etc.). This information is for informational purposes only.

Official website Public Chamber of the Ulyanovsk Region

March 25, 2020

In accordance with Part 3 of Art. 70 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”, the rights registration authority removes from the state cadastral registration a land plot registered in the manner established by the legislation of the Russian Federation before March 1, 2008, if information about the rights holders of such plots are not in the Unified State Register of Real Estate (hereinafter referred to as the USRN). There should be no real estate on such land plots, the rights to which are registered in the Unified State Register of Real Estate.

The Department of the Federal Service for State Registration, Cadastre and Cartography for the Ulyanovsk Region (hereinafter referred to as the Department) is working to identify such land plots. For this purpose, the Department sends to the state authority, local government body a request for the availability of title documents in relation to such land plots and the grounds for delimiting the ownership of such land plots or lists of such land plots.

If the Department receives a notification about the absence of grounds for delimiting the ownership of such a land plot and (or) title documents issued to other persons, or the Department does not receive the specified notification within 3 months from the date of sending the request, the land plots are removed from the state cadastral register without a corresponding statement in the manner specified in paragraphs. 3 clause 181 of the Procedure for maintaining the Unified State Register of Real Estate, the form of the special registration inscription on the document expressing the content of the transaction, the composition of the information included in the special registration inscription on the document expressing the content of the transaction, and the requirements for its completion, as well as the requirements for the format of the special registration inscriptions on the document expressing the contents of the transaction in electronic form, the procedure for changing in the Unified State Register of Real Estate information about the location of the boundaries of a land plot when correcting a registry error, approved by Order of the Ministry of Economic Development of Russia dated December 16, 2015 No. 943.

The Department draws the attention of citizens and legal entities to the fact that in accordance with Part 7 of Art. 72 of the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate,” information on land plots registered with the state cadastral register from March 1, 2008 to January 1, 2017 is temporary. The temporary nature of such information remains until the state registration of the right to such a land plot or until the state registration of the lease, but no later than March 1, 2022. After the expiration of the specified period, information about such land plots is excluded from the Unified State Register of Real Estate. We also draw the attention of citizens and legal entities to the fact that the formation of new land plots from a site, information about which is temporary, is not allowed. Information about a land plot of a temporary nature can be excluded from the Unified State Register of Real Estate at the request of its owner or owners of the plots, as a result of the transformation of which a “temporary” land plot was formed. If land plots were formed from lands or land plots, state ownership of which is not demarcated, exclusion from the Unified State Register of Information about the relevant land plots is carried out at the request of a representative of the state authority or local government body authorized to dispose of such land plots.

Thus, the lack of information in the Unified State Register of Real Estate about rights to land plots has a negative impact on the protection of the property interests of their right holders. For example, if there is no information about a land plot in the Unified State Register of Real Estate, then the body authorized to dispose of land plots can form a land plot and provide it to other persons in the manner established by the Land Code of the Russian Federation. Or a person, believing that he is the legal owner of the land plot, will decide to make some kind of transaction, and information about the object will already be excluded from the Unified State Register.

Taking into account the above, the Department recommends that persons who have not registered their rights to land plots in the Unified State Register of Real Estate apply for state registration of their rights.

Information provided by the Office of Rosreestr for the Ulyanovsk region