The status of a land plot determines its legal status, that is, the opportunities that are available to its owner. Most often, the Rosreestr database contains complete information about the land allotment necessary for its identification. The temporary status of the land plot means that there is not enough information to enter accurate information into the register. Most often, the “temporary” status indicates that the site is simply not registered with the cadastral register.
The cadastral extract contains a line such as “status of the land plot record.” It must define the legal status of the site at the time the information was received. This parameter can be changed for various reasons: based on statements from owners, interested parties, or state and municipal authorities.
What is the state land cadastre
In accordance with the latter, it is defined as a systematized set of information obtained as a result of maintaining cadastral records of plots of the Russian Federation. Such information contains the following information:
- location of the allotment;
- special purpose;
- legal status;
- availability of real estate.
Thus, the State Cadastre records data on:
- land plots;
- territorial zones;
- territories where self-government is exercised;
- lands and borders of the federation and its subjects.
Find out in more detail what the State Land Cadastre is.
How to register ownership of a land plot
The best option for changing status from temporary to registered is to register ownership of a land plot. Previously, such an action was supported by a certificate of ownership of the property. In modern Russia, it is enough to obtain an extract from the Unified State Register of Real Estate.
In order to carry out actions with real estate, it is necessary to check the availability of title documentation for each participant in a transaction with a real estate object in the form of a plot of land.
You can register rights to real estate with the Federal Registration Service of Cadastre and Cartography of Russia. To resolve issues regarding property and documents confirming the rights to this property, it is necessary to prepare the necessary documents and submit them to Rosreestr employees. An additional modern option is to transfer documents through the MFC.
To obtain confirmation of registration of ownership of a land plot, you must submit the following documents:
- Applicant's identity card;
- Title documents in relation to a plot of land;
- Cadastral documentation for the territory of the land massif;
- Confirming receipt of payment of state duty;
- A statement drawn up in accordance with the standards.
Please be aware that the document confirming ownership of a property in the form of a land plot contains the following information:
- VRI ZU and category of intended use of land;
- Status of the land plot in accordance with the law.
After registering the right to dispose of a plot, the owner will receive documents indicating the status of the land plot, which will indicate the “registered” land plot. It is necessary to exploit land resources exclusively in accordance with the specified category of land use and the site assigned to the VRI, so as not to receive a fine.
Site statuses
by land plot means a territory with clearly defined boundaries that relates to real estate. The legal status determines the intended purpose of the land, the method of ownership and the form of permitted use.
Thus, a land plot may have one of the legal provisions:
- temporary, when the procedure for registering rights has not yet been completed;
- canceled, in which ownership was not registered within the prescribed period;
- registered, if the rights to it are registered and information about the owner is entered;
- previously taken into account. For plots for which the rights were registered before the advent of the cadastre;
- archival when the period specified by law has expired.
What are the statuses of land plots?
The legislator provides that each land plot has its own legal status. This parameter is necessary for the initial determination of its legal status and the possibilities that can be implemented in relation to the allotment.
There are several options:
- temporary;
- taken into account;
- previously taken into account;
- archival;
- canceled.
Each option has its own legal features. For example, a registered plot can be sold or realized in any way without any problems. The fact that such a plot is taken into account means that it is properly registered, has an owner, and all its characteristics are defined and reflected in the documents properly.
Temporary plots, in turn, assume that there is not enough information regarding them, but they are registered in the cadastral register until a certain point.
How to find out the status of the allotment
You can clarify the legal status of a site using a public cadastral map.
It’s easy to find out what temporary status on a public cadastral map means on the official portal. This contains all the information about the plots. In addition, this portal has a special service “”.
Find out in more detail how cadastral registration of land plots is carried out.
When and how does the status of the memory change?
If a citizen has a temporary land plot at his disposal, its status can be changed in two ways:
- By registering land property with state registry authorities.
- By registering a lease agreement for a plot of land, provided that the owner of the plot is considered to be the state or a municipality.
After carrying out the above steps, the status of the land will change to “registered”.
6 months before the deregistration of the plot of land in the cadastre, Rosreestr services must send a notification to the interested person that in the absence of documents for land ownership to carry out the property registration procedure, the land plot will be transferred for use to the municipality.
Impact of status
The status indicated in the State Cadastre determines the legality of carrying out any activity in a given territory and the possibility of erecting buildings on it.
So, for example, you need to be especially careful when purchasing lands with a temporary certified status, since they belong to the state and may be needed at any time for state needs:
- pipeline installations,
- creation of roads;
- administrative construction.
The concept of temporary status
The temporary status of a land plot is a situation in which the territory is already registered in the state cadastre, but has not yet undergone the procedure for registering ownership or lease.
According to the norms, the temporary nature of plots registered before January 1, 2017 remains until the registration of the right to an object in state/municipal ownership. The main condition is that the procedure must be completed no later than March 1, 2022.
If registration is not completed by March 1, 2022, the allotment will receive the status of “cancelled.”
In accordance with changes in legislation regarding territories acquired after the beginning of 2017, they will no longer be assigned temporary status. The lands will be registered and registered at the same time.
When does an allotment receive this status?
This happens in several cases:
- The plot of land has been transferred into possession, but ownership of it is in the process of being registered.
- The land territory is transferred by the state or municipality for temporary use or for lease.
- The owner refused to carry out the mandatory procedure for land surveying to establish its boundaries.
- The new plot was formed in the process of dividing the land territory to which ownership was registered.
- The boundaries of the territory registered as property have been changed.
- The land zone passes from one owner to another and the documents are re-registered for the new owner (Article 72 of the Federal Law on July 13, 2015 N218-F3 (as amended on August 2, 2019)).
Attention! Land with temporary status cannot be divided, which is stated in Article 72 of the Federal Law on. 07/13/2015 N218-F3 (as amended on 08/02/2019).
“Temporary certified” status
If the State Cadastre assigns the status “temporary certified” to a site, this means that the territory is in state or municipal ownership, but is leased out for temporary use or lease.
Consequently, a person has the right to use the plot, but at any time the plot may be needed for some public needs and will have to be returned. After this, state authorities or local governments can put the plot up for sale.
Cadastral information of a temporary nature
Information about a land plot is temporary in nature from the moment it is registered until registration. If within two years the rights to such a territory are not registered, it will be removed from the cadastral register.
Thus, land becomes an object of real estate not from the moment it is registered, but from the date of state registration.
This intermediate stage can be called the period of transition of the object from one owner to another.
Temporary cadastral registration of a land plot implies a ban on renting or owning the territory and limits full ownership of it.
The temporary status of the land plot has been certified: what is it?
Information about land plots contained in the Unified State Register of Real Estate (USRN) has a different status. Currently, site information must have a status of either “current” or “archived”.
At the same time, it happens that information about land plots contained in the Unified State Register of Real Estate may have another status - “temporary”.
Previously, until 2021, when land plots were registered with the state cadastral register, information about newly formed land plots was assigned the status “temporary”. In order for such information to cease to be temporary and receive the status of “relevant”, rights to the formed land plots must be registered in Rosreestr. The period during which the registration of the right had to be completed was 5 years from the date of registration of the land plot in the cadastral register. Upon expiration of the specified period, the formed land plots were removed from the cadastral register and acquired the status of “cancelled”.
From January 1, 2021, cadastral registration and registration of rights to real estate are carried out according to new rules in accordance with the Federal Law “On State Registration of Real Estate”. Land plots registered before January 1, 2017, which have already been assigned temporary status, retain it until the registration of the right to such land plot, but no later than March 1, 2022.
Thus, “temporary” status of information about a land plot formed and registered with the state cadastral register before January 1, 2021, can be changed either to “ current ” from the moment of state registration of the right to such a plot or to “ archival ” after March 1, 2022 year, when it will automatically be removed from cadastral registration if rights to it are not registered in the Unified State Register of Real Estate.
It should be taken into account that the formation of new land plots from “temporary” land plots is not permitted by law.
In situations where the need to register rights to a “temporary” land plot for one reason or another has disappeared and such a plot prevents the formation of other plots (intersections are identified), the question arises of removing it from cadastral registration. How to do it?
Removal from the state cadastral registration of land plots that have the status of information “temporary” is provided for in the following cases:
- upon expiration - automatically after March 1, 2022;
- before the expiration of this period, upon application submitted to Rosreestr:
- owners of the original land plots, as a result of the transformation of which (division, merger, redistribution, allotment) a land plot with the information status “temporary” was formed;
- a representative of the state authority or local government body authorized to dispose of such a land plot (provided that the land plot with the information status “temporary” is formed from lands or land plots for which state ownership is not demarcated).
Currently, these applications can be submitted to Rosreestr through the MFC, as well as by mail. Removing a land plot from the state cadastral register is a free procedure and does not require payment of a state fee.
If it is not possible to remove from cadastral registration a land plot that has the status of information “temporary” in the manner prescribed by the Law on Real Estate Registration, such actions are permissible on the basis of a judicial act that has entered into legal force, which resolves the issue of removing a “temporary” plot from cadastral registration .
Removal of an object from cadastral registration
There are several reasons why an allotment may be deregistered:
- if within five years or until March 1, 2022, no actions are taken in relation to the territory to register ownership or lease of it;
- By the tribunal's decision;
- at the request of the citizen who uses the facility.
You can deregister a territory by personally contacting the Unified State Register or the MFC. To do this, you need to prepare the following package of documents:
- application (filled out on the spot on a special form);
- applicant's passport;
- documents confirming ownership;
- a notarized power of attorney, if the applicant acts through a representative;
- documents on the presence or absence of encumbrances;
- consent of each of the participants if the land is in shared ownership.
In order to register the plot again after deletion, you will have to submit a new application to the Unified State Register of Real Estate, since the old data will be deleted from it. Upon re-registration, the plot will receive a new cadastral number.
Familiarize yourself with all the details of how land is removed from the cadastral register in 2021.
Registration
In order to submit documents for registration of non-permanent status, you can contact the cadastral chamber or the department of the Multifunctional Center (MFC) at the location of the site. This can be done in person by sending the necessary documents, certified by a notary, by mail or through the Internet portal of municipal and state services, if you have an electronic digital signature.
An application for state cadastral registration is submitted, the form of which is approved by order of the Ministry of Economic Development dated December 8, 2015 N 920.
A copy of the identity document (passport) of the person who claims to register the land territory in his name should be attached to the application.
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.
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.
conclusions
The status indicated in the cadastre can reveal a lot about the territory. The mark “temporary” means that the plot has been registered, but has not yet been registered by the owner. If you miss the deadlines established by law, the status will change to “cancelled.” It is especially dangerous if the land is considered temporary certified. Then it can be requested at any time by the state or local authorities for public needs. In this regard, it is important to carry out registration actions in a timely manner in order to secure the property.
