To obtain objective and reliable information about a property, a special examination is often required.
Since 2004, the Moscow Regional BTI has been performing various types of forensic and non-judicial examinations:
· construction and technical;
· land management;
· evaluative;
· complex.
During this time, for the arbitration courts of Moscow and the Moscow region, as well as courts of general jurisdiction and investigative bodies, specialists of the Moscow Regional BTI conducted more than 3 thousand forensic examinations
and prepared over
3 thousand technical reports
(non-judicial examinations) for legal entities and individuals.
The Moscow Regional BTI has the necessary licenses, certificates, certificates confirming the high level of services provided.
MOBTI experts are certified in the “System of voluntary certification of non-state forensic experts in the field of conducting examinations in relation to cadastral registration objects.” This system was founded by the Moscow Regional BTI and registered with Rosstandart in 2012. It is intended to conduct an independent qualified assessment and confirm the competence of non-state forensic experts in expert specialties.
Construction and technical expertise
This type of examination is carried out for construction projects and territories functionally related to them. To carry out construction and technical examinations, experts require specialized knowledge in the field of construction. Construction and technical examinations allow us to establish factual information about:
· condition and parameters of buildings, structures and individual structures;
· the possibility of transforming construction projects and the functional areas of land associated with them (division, change of purpose, number of storeys, etc.);
· compliance of real estate with regulatory and technical data;
· cost of construction projects and volume of work performed;
· how, why and under what circumstances real estate objects partially or completely lost their functional and operational characteristics and safety properties.
Construction and technical examination is carried out if required:
· divide households and other real estate;
· determine the procedure for using real estate objects;
· establish whether construction projects comply with the requirements of design documentation or regulatory documents;
· determine the compliance of land development with urban planning and other requirements;
· determine whether the actual parameters of insolation, natural light and microclimate of residential and non-residential premises comply with the established technical and other requirements;
· determine the technical condition of construction projects and non-compliance of structures with any parameter established by the project or regulatory document, establishing the causes, conditions, circumstances and mechanism of their occurrence;
· determine the list and estimated cost of work to eliminate defects that occurred as a result of construction and/or improper maintenance of the property of premises owners, including operating services;
· examine construction sites, their individual elements, engineering systems, equipment and communications to establish the volume, quality and cost of actually completed construction work;
· other.
Who handles disputes
The owner can challenge the value of the land through the court or in a special commission at the regional departments of Rosreestr.
Russian legislation provides a number of advantages to those who want to challenge the cadastral value in the commission:
- Deadlines. The commission is obliged to consider the application within 30 days.
- For free. You don't have to pay state duty.
- Possibility to challenge the commission's decision. If you are not satisfied with the decision of the commission, go to court.
A citizen or company can submit an application for challenge to the authorized body of a constituent entity of the Russian Federation or the MFR in person, by mail or via the Internet, including through State Services.
Expertise in the field of land relations
This type of examination establishes factual data based on specialized knowledge in the field of land relations, geodesy and cadastre. During the examination process in the field of land relations, the following is clarified:
· boundaries and areas of land plots, as well as their parts;
· location of capital construction projects and improvement elements;
· the possibility of transforming land plots (division);
· compliance of the land plot with land allotment, title and title documents;
· data on the tracing of underground communications.
When conducting expertise in the field of land relations, the following tasks are solved:
· division of land plots;
· determination of the procedure for using land plots;
· establishing the location of land plots in accordance with cadastral plans;
· determining the compliance of the land plot and its boundaries with land allotment, title and title documents, including information contained in the state real estate cadastre (GKN);
· determination of the location (coordination) of above-ground and underground real estate objects, including determination of compliance of the development of land plots with the requirements of design documentation, urban planning and other requirements of norms and regulations;
· resolving issues about the possibility and necessity of establishing an easement, with the determination of its boundaries that meet the regulatory and technical requirements;
· determination of the size of the land plot required for the operation and maintenance of capital construction projects;
· others.
State examination of land management documentation. What should you keep in mind?
The State Committee for Land Resources of the Donetsk People's Republic conducts a state examination of land management documentation, land assessment documentation, and issues relevant conclusions based on its results.
State examination of land management documentation is an activity whose purpose is to research, verify, analyze and evaluate the objects of examination for their compliance with legal requirements, established standards, norms and rules, as well as the preparation of informed conclusions for making decisions on the objects of examination.
Positive conclusions of the state examination regarding objects of compulsory state examination are the basis for the adoption of an appropriate decision by executive authorities or local government bodies, the opening of funding for work on the implementation of activities provided for in the relevant documentation.
The developers of land management documentation are business entities that have received (have) a license to carry out land management (land surveying) and land assessment work.
State examination is carried out in mandatory, selective and voluntary forms.
Land management projects are subject to mandatory state examination, in accordance with clause 4.10 of the Temporary Procedure for the provision of permanent use and lease of land plots on the territory of the Donetsk People's Republic, approved by Resolution of the Council of Ministers of the Donetsk People's Republic No. 17-15 of 02.09.2015 (as amended). on the allocation of land plots, if land plots are provided for use by decision of the Council of Ministers of the Donetsk People's Republic or the executive authority of the Donetsk People's Republic in the field of land relations, land management, state registration and maintenance of the State Land Cadastre, land assessment, geodesy and cartography.
According to clause 1.10.1 of the Temporary procedure for conducting state examination of land management documentation, approved by Resolution of the Council of Ministers of the Donetsk People's Republic of September 13, 2021 No. 2-16 (as amended) (hereinafter referred to as the Temporary procedure for examination), the following are subject to mandatory state examination:
— land management schemes and feasibility studies for the use and protection of lands of administrative-territorial units;
— land management projects to establish and change the boundaries of administrative-territorial units;
— land management projects for the organization and establishment of boundaries of territories of natural reserve fund and other environmental purposes (specially protected natural areas), health, recreational, historical and cultural, forestry purposes, lands of the water fund and water protection zones, restrictions on the use of lands and their regime-forming objects ;
— land management projects for the allocation of land plots from especially valuable lands, lands for forestry purposes, as well as lands of the water fund, natural reserve fund and other environmental purposes (specially protected natural areas), health, recreational and historical and cultural purposes, as well as land management projects on the allocation of land plots, the provision (transfer) of which is within the powers of the Government of the Donetsk People's Republic and the executive body of the Donetsk People's Republic, pursuing state policy and carrying out functions of legal regulation, control and supervision in the field of land relations, land management, state registration and maintenance of the State Land Cadastre, land assessment, geodesy and cartography;
— land management projects that provide an ecological and economic justification for crop rotations and land management (on-farm land management projects);
— land management projects to streamline the territory of settlements;
— technical documentation on soil grading;
— technical documentation on the normative monetary valuation of land, as well as reports on the expert monetary valuation of land plots of state and municipal property;
— land management projects for organizing the territory of land shares (shares) and other plots of agricultural land;
— technical documentation on land management and land inventory.
Voluntary state examination is carried out at the initiative of the customer or developer of the object of examination regarding objects that are not subject to mandatory state examination.
Customers of state expertise are executive authorities and local governments, land owners, land users, enterprises, institutions, organizations and citizens interested in conducting such expertise, as well as developers of objects of state expertise.
The conclusion of the state examination of land management documentation based on the results of consideration of the object of the state examination can be reduced to one of three options: - land management documentation as a whole complies with the requirements of the current legislation of the Donetsk People's Republic, established norms and rules, is assessed positively and is agreed upon; — land management documentation does not fully comply with the requirements of the current legislation of the Donetsk People’s Republic, established norms and rules, and is returned for revision;
Note: If the object of state examination does not fully comply with the requirements of the current legislation of the Donetsk People's Republic, established standards, norms and rules and is returned for revision to eliminate comments and suggestions to the State Committee for Land Resources of the Donetsk People's Republic, the following is provided: - original object state examination, taking into account modifications; - the original conclusion of the state examination of land management documentation without extraneous marks; - a letter from the developer of the object of examination on eliminating the comments set out in the conclusion of the state examination of land management documentation.
The fact of eliminating the comments and suggestions specified in the conclusion of the state examination is certified by the corresponding entry in the conclusion of the examination by the head of the expert unit or the head of the territorial body of the State Committee for Land of the DPR, who is entrusted with control over the elimination of the comments of the state examination, after which the object of the examination is assessed positively and agreed upon.
- land management documentation does not comply with the requirements of the current legislation of the Donetsk People's Republic, established norms and rules, is assessed negatively and is not agreed upon
Note:
Land management documentation that is assessed negatively after revision is subject to re-examination on a general basis.
The amount of the fee for conducting a state examination of land management documentation in clause 1.8. Temporary examination procedure - 3% of the contract price for the development of land management (land assessment) documentation, but not less than 40 rubles. The funds received for conducting the state examination are credited to the accounts of the special fund of the Republican budget of the Donetsk People's Republic, opened to the executive authority in the field of examination.
Account details for crediting funds to the budget revenue of fees for conducting a state examination of land management documentation in the form (Details). The timing of the state examination cannot exceed 20 working days from the date of registration of the object of the state examination by the executive authority in the field of examination.
Appraisal examinations
Valuation examinations, based on special knowledge in the field of real estate valuation, establish data on the value of real estate in the industrial, housing and urban planning spheres.
An appraisal review will be required to:
· determine the market value of property (and other objects of civil rights in respect of which the legislation of the Russian Federation establishes the possibility of their participation in civil circulation);
· determine the level of damage caused by fire, flood, etc.;
· determine the cost of restoration repairs;
· determine the market value of the property or individual rights to it (including the value of the share, lease rights, use rights, easements, etc.);
· other.
Goals and methods of examining the value of land plots
It is extremely difficult to list these circumstances in full, but it makes sense to indicate the most common reasons for applications regarding the valuation of land plots. This:
- the desire to determine the initial and final price when putting up real estate for sale, the formation of cost guidelines for making decisions and creating a “corridor” within which the seller is ready to maneuver;
- the need to determine the procedure for the use of property by the heirs, to allocate shares for indication in the will;
- the need to resolve the dispute between heirs by calculating the amount of compensation for those who are ready to give up their physical share;
- determining the solvency potential of the owner when using land as collateral when obtaining loans, establishing a range of land rental rates, and other situations when this property can become a source of direct or indirect income.
We have already mentioned an important point - tax legislation, which establishes the amount of payments depending on the cadastral valuation of the land, which is essentially a reflection of its market value.
Who has the right to conduct an audit?
Any examination requires deep special knowledge from the person conducting it, therefore land management examination in Yekaterinburg, Moscow, St. Petersburg or another city should be carried out exclusively by licensed experts. They can be independent expert organizations or private experts who have been licensed for geodetic and cartographic activities by Rosreestr.
Private experts are called cadastral engineers. They can carry out their activities only after passing the exam and receiving a qualification certificate.
A land expert can act as an individual entrepreneur, a member of an association of cadastral engineers, or work in an independent expert organization.
Like appraisers, appraisers must have liability insurance.
Depending on the initiator of the study, there are:
- Pre-trial - the customer conducts them for his own purposes. They are usually required for registration of land, sale, or donation.
- Judicial - appointed by the court and can become important evidence. Any party to the legal process becomes the initiator.
Land plots, their size and boundaries, legal affiliation are a frequent cause of conflict situations. They cannot always be resolved peacefully; sometimes they become the subject of litigation.
What are the requirements for an expert land surveyor?
If you have read the requirements for an expert company, then information about the expert surveyor will be a logical continuation of the above list.
So, the expert must be an EXPERT in the full sense of the word, namely:
- be part of one or another non-profit partnership of forensic experts
- have a higher education in land management or geodesy
- have more than 3-5 years of experience in the field of forensic land management examination (this information can be easily verified using a work record book)
- have positive experience of cooperation with Arbitration Courts (I repeat the link to the archive of the Supreme Arbitration Court: www.arbitr.ru)
- have a certificate of completion of advanced training courses for forensic land surveyors.
- have a voluntary certification certificate issued by one of the dozen existing certification centers for forensic land surveyors in our country.
- It wouldn’t be superfluous to ask the expert for samples of his latest reports to make sure that this person is really an expert, and not just another rogue who bought himself a bouquet of certificates and other beautiful pieces of paper.
Objects of expert research
The objects of examination include documents that display information about land management. This includes cadastral documentation (plans, drawings), soil test results (samples taken from the site), information from completed forms on checking the condition of the territory. Preference is given to information from the latest inventory. Title documents and encumbrances on land (easement) are taken into account.
The objects of research include the territory itself, which is the subject of dispute or assessment. This can be sanitary protection zones, areas occupied by villages, cities, municipal and private land, cultural heritage sites, parts of the mentioned territories. To make a conclusion, topographic survey can be used, and its data also becomes the object of examination.
Land management examination can be carried out in two ways:
- Documentary - the expert analyzes land documentation: cadastral plans, studies of past years. After the assessment, the cadastral engineer can say exactly where the boundaries of the site are, what its dimensions are, and whether it can be divided.
- Geodetic - an independent study is carried out if documents are lost or do not correspond to reality. In this case, the expert works in the field using surveying tools. Measurements allow you to calculate the actual size of the plot. Using computer programs, a three-dimensional model of the site is compiled.
