Land cadastral affairs

A new law has come into force in Russia, which allows ordinary citizens to order complex cadastral works. The regulatory act came into force on March 23, 2021. Previously, only government authorities could use such services. How the new rules will work and how they can make life easier for owners of houses and land, read in our material.

Cadastral deed: features and procedure for registration

The cadastral file includes many papers that serve as confirmation of the emergence and termination of the existence of a piece of land.
By law, these documents are kept by the relevant authorities. They cannot be removed from the archive or deleted. A case removed from the register is transferred to the archive. The exception includes documents with the status “temporary”. Over time, they acquire the status of “cancelled”, and within 3 years they are destroyed. Cadastral files are supplemented with a cover, stitched and sealed. An accounting file is created after the procedure for registering an application for real estate accounting. A procedure for changes, correction of errors in information, and introduction of new data must also be carried out.

Features of land accounting

To carry out cadastral registration, authorities and land rights holders submit an application to companies that perform such work. To do this, title documents for the land and land surveying are required. Everything must be arranged accordingly. For this purpose, documents that contain erasures or additions cannot be accepted.

The application is recorded in the accounting book. Completing the procedure involves checking documents, creating descriptions of plots, assigning numbers, preparing plans and creating cadastral files. Cadastral registration is carried out within a month from submission of the application. After the work, land plans are issued. The registration procedure is completely free. Accounting work is subject to insurance.

Basic cadastral documentation

16. Special notes. An important point, since here we immediately see whether there was land surveying. In addition, marks are placed here (and sometimes they are forgotten to be placed) about where the property is actually located. With simplified registration (without land surveying), it is impossible to accurately determine in which cadastral quarter the land is located. Therefore, there are often cases when plots are assigned the numbers of other cadastral blocks. Land surveying puts everything in its place, and the corresponding marks about the actual location are placed in the cadastral passport of the land plot.

· B.3 and B.4 - contain information about the established restrictions (encumbrances) on use. For example, a water protection zone or a protection zone of laid communications. If there is no information about such restrictions in the state real estate cadastre (GKN), then these forms will not be given to you when ordering.

What is the essence of the new law?

Until the end of March, complex cadastral work could only be carried out at the request of the local administration or regional authorities using budget money. For example, during the construction of a new microdistrict or when laying a new road. And if there was no money in the treasury, then such work was not envisaged. Therefore, ordinary citizens had no chance to carry out land cadastral work for free.

In order to register a built house or demarcate a plot, the owners had to call a cadastral engineer themselves and spend a lot of money on it.

The new law allowed complex cadastral work to be ordered by private individuals. Summer residents or residents of cottage villages can, without waiting for a decision from the authorities, unite and carry out large-scale cadastral work at their own expense immediately.

The authors of the bill see some advantages in the innovation:

Saving . The new regulation should reduce the cost of cadastral engineer services. When carrying out complex work, the cost of one site will be approximately 1,300 rubles. Calling a specialist individually now costs ten times more.
Less mistakes . When carrying out complex cadastral work, cadastral engineers will determine the boundaries of all plots at once, so the likelihood that there will be errors or inaccuracies should be reduced.
The new law will correct existing errors in documents. And adjust the size of the plot to 10% of the figure indicated in the papers. If the actual data does not match the documents.
Reducing land disputes. If there are no errors in determining the boundaries of land plots, neighbors will have fewer reasons for disputes.

What is cadastral business

In order to simplify the processing of applications, it is also recommended to include in the permanent information of the form the attribute “Addressee”, part of the coherent text, and the classification number of the application. As the submitted applications are summarized and analyzed, it is necessary to clarify the content of the text of the applications.

The requirements for the preparation of applications for registration of land plots with state cadastral registration were approved by the Order of Roszemkadastre dated June 13, 2001. These Requirements apply to application forms, the composition of application elements (details), as well as the procedure for their execution.

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Surveying process

A geodetic company, after its specialists have carried out land management work on the site, draws up a land management file so that the results obtained as a result of their activities are included in Rosreestr (read more about who and where carries out land surveying here).

How and by whom is the land survey formalized?

4. Notification of neighbors and owners of plots whose boundaries are in contact with the plot where boundary work will be carried out. This is necessary to ensure that conflict situations do not arise on this basis in the future.

Cadastral engineers have the right to enter information into the electronic cadastral registration database directly solely for cadastral registration. When carrying out the registration procedure, the engineer must have a power of attorney from the person who ordered the work, certified by a notary. Power of attorney details are also entered into the database to confirm the authority of the engineer.

category of the property (in this case, land);
its boundaries with coordinates;
information about the owner or possessor of the property, his email address;
address assigned to the site;
information about the rights to the site that have not been registered, they were learned about during the registration process;
details of the document confirming rights regardless of the time of issue (during the USSR, for example);
type of rights to the property (ownership, use, lease, easement, etc.);
cadastral valuation.

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Register of land plots

For example, a person who has submitted documents for cadastral registration receives a cadastral passport, which reflects all the information available in the state cadastre. Anyone can view the public cadastral map on the website using their home computer.

29.1. Yes, it can, since the plaintiff probably wants to challenge the lease agreement in connection with the main claim. If you believe that you have been brought in as a defendant without reason, you can file a petition to replace the inappropriate defendant, but if the plaintiff insists on bringing a claim against you, the court will leave you as a defendant on the basis of Art. 41 Civil Code. 1. When preparing a case or during its trial in a court of first instance, the court may allow, at the request or with the consent of the plaintiff, the replacement of an inappropriate defendant with an appropriate one. After replacing an improper defendant with a proper one, preparation and consideration of the case are carried out from the very beginning. 2. If the plaintiff does not agree to replace the inappropriate defendant with another person, the court will consider the case based on the brought claim.

18.2. In general, a technical passport for an object is issued by the BTI. If the court lacks something, you have the right to file a corresponding petition. If it is difficult for individuals to provide the necessary evidence, the court, at their request, provides assistance in collecting and requesting evidence (Article 57 of the Code of Civil Procedure of the Russian Federation).

please how can I reduce the cadastral value of a property?

20.1. You and your neighbor need to clarify the location of the land plots under the garages. There needs to be a concerted effort to clarify. There is no other way to resolve the issue other than a trial. The plot can be registered and ownership can also be registered, but clarification may be necessary. A cadastral engineer can explain the clarification procedure to you and your neighbor. Sooner or later, you and your neighbor need to clarify the land, and this must be done in agreement.

Documents are included in the cadastral file as they are received by the cadastral registration authority. The formation of a cadastral file is carried out in the cadastral registration authority at the place where the decision on cadastral registration was made.

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The issuance of cadastral files for temporary use is carried out only to employees of the general support department and the department for ensuring the maintenance of cadastral objects of the Federal State Institution "ZKP" in the Penza region and is accompanied by the execution of an order form for the issuance of cadastral files for temporary use. Cadastral deeds issued for temporary use are registered in the book of issuance of cadastral deeds. All these documents are drawn up by employees of the archives department according to the forms given in the Appendices to the Basic Rules for the Operation of Organizational Archives.

What is cadastral business?

32. The volume of the case is also formed in paper form, if the applications and documents necessary for the implementation of state cadastral registration and (or) state registration of rights are drawn up and submitted by the applicant in simple written form on paper, provided that the originals of such documents are not available in other bodies state authorities, local governments, state and municipal archives.

The Land Management Committee carries out documentation of land plots, the intended use of which is determined by law. For example, plots for summer cottages, agricultural land, etc.

Cadastral case

Cadastral file - 3. Cadastral files are a set of compiled and systematized documents, on the basis of which the relevant information is entered into the state real estate cadastre. Source: Federal Law of July 24, 2007 N 221 ... Official terminology

KD - computer house comp. An example of using the CD “Personnel” CD “Command Jihad” terrorist Islamist organization organization Dictionary: Dictionary of abbreviations and abbreviations of the army and special services. Comp. A. A. Shchelokov. M.: AST Publishing House LLC, CJSC... ... Dictionary of abbreviations and abbreviations

Cadastral work

This type of work occupies a large part in its field. Activities are carried out according to the laws of the country. It is performed to collect information as well as transmit it:

in natural resource management;
to state control;
for scientific research;
to analyze and develop a plan;
for unscheduled work;
to set prices.

Cadastral work is carried out by specialized companies that have permission to do so.

What is cadastral business

For this reason, the unified register contains complete information about both currently existing plots and land plots that have ceased to exist. For example, if two plots were merged, then the final number will be one of the numbers of the merged plots, but the number of the ceased to exist plot is not deleted, but is retained forever.

In this column you must indicate the following information:

surname, name and patronymic of the applicant - an individual;
abbreviated form of name and OKPO (All-Russian Classifier of Enterprises and Organizations) code for the applicant - a legal entity;
TIN (taxpayer identification number), and in case of its absence - identity card details;
signature.

Land cadastral affairs

Creation of a cadastral file of a registration object is the final procedure of the State cadastral registration of a land plot in the Unified State Register of Land Registers. The cadastral file number is the cadastral number of the land plot. In accordance with Article 15 of the Federal Law, all documents confirming the fact of the emergence or termination of the existence of a land plot are placed in the cadastral file, on the basis of which the characteristics of the land plot provided for by law are determined.

Economic zones are territories demarcated according to certain rules, located within the boundaries of an administrative-territorial unit, within the boundaries of which the land tax rates, the amount of rent and the standard price of land established by the relevant government authorities apply for land plots and other real estate objects.

Formation of cadastral files of real estate objects.

N.N. Nadeeva, I.S. Pivtsova, Penza State University

— brief description of the archives department — formation of cadastral files of real estate objects

Currently, the determining factor in registering land ownership is the determination and approval of the boundaries of land plots. This gives rise to several problems at once: the problem of registering a land plot and a property firmly connected to it with the state cadastral register and obtaining information about the object, the problem of mortgage lending, as well as the problem associated with determining property taxes.

To solve all these problems, the Federal State Institution “Land Cadastral Chamber” for the Penza Region (FGU “ZKP” for the Penza Region) was created in 2004, which provides the population of the city of Penza and the region with services in the field of maintaining the state land cadastre, the state cadastre of real estate and state technical accounting of objects of urban planning activities.

In the structure of the Federal State Institution "ZKP" in the Penza region, an archives department was created for the formation, recording and storage of cadastral files of real estate objects, the main task of which is to ensure the storage of documents of the State Land Cadastre in accordance with the rules for storing documents of the state archive, cartographic and geodetic fund.

You can find out the cadastral number by the address of the apartment using the Google search engine: https://www.google.com/search?ei=_OqOX93eCMvKrgTx5aywCQ&q=%D0%BA%D0%B0%D0%B4%D0%B0%D1% 81%D1%82%D1%80%D0%BE%D0%B2%D1%8B%D0%B9+%D0%BD%D0%BE%D0%BC%D0%B5%D1%80+%D0%BF %D0%BE+%D0%B0%D0%B4%D1%80%D0%B5%D1%81%D1%83+%D0%BA%D0%B2%D0%B0%D1%80%D1%82% D0%B8%D1%80%D1%8B&oq=%D0%BA%D0%B0%D0%B4%D0%B0%D1%81%D1%

The main functions of the archives department are:

— preparation of cadastral and register files for archival storage; — ensuring storage of cadastral files; — processing requests for the issuance of cadastral files for temporary use; — maintaining records of cadastral files stored in the department.

The cadastral file is formed on the basis of a registration file, which is opened by employees of the Federal State Institution "ZKP" in the Penza region after registering an application for state cadastral registration of a real estate property (Fig. 1).

Along with the application, all documents necessary for cadastral registration are included in the registration file. Accounting cases are identified by the registration number of the application and are registered in the book of transfer of documents for applications (Fig. 2).

Rice. 1. A copy of the application for state cadastral registration of the property

Rice. 2. A copy of the book of transfer of documents on applications

After registration, all accounting files are entered into the document transfer register (Fig. 3) and together with it go to the archives department, whose employees form cadastral files based on accounting files.

Rice. 3. A copy of the register of transfer of documents to the archives department. Document specialists are engaged in the preparation and formation of cadastral files in the archives department of the Federal State Institution "ZKP" in the Penza region. When an accounting file arrives at the archives department, the document specialist registers it in the journal of registration of documents transferred to the archives department for the formation of cadastral files (Fig. 4).

Application number	Date of application	Number of sheets in file	Position and signature of the person who checked the set of submitted documents	Date of transfer to the archives department	Position and signature of the person transferring the documents	Position and signature of the person accepting the documents	Note
1	2	3	4	5	6	7	8

Rice. 4. Form of the log of documents transferred to the archives department for the formation of cadastral files

Cadastral files are drawn up by employees of the archives department in accordance with the “Procedure for maintaining cadastral files of real estate objects”, approved by order of the Ministry of Justice of the Russian Federation.

Each cadastral file is identified by the cadastral number of the property and has its own title page (Fig. 5), which is drawn up in accordance with the annexes given in the letter of the Office of the Federal Agency for the Cadastre of Real Estate for the Subjects of the Russian Federation “Explanations on the management of cadastral files”.

The title page indicates: title, identifier of the cadastral file and the date of the cadastral file.

The cadastral case identifier includes:

— cadastral number of the property;

Rice. 5. Copy of the title page of the cadastral file of the property

— individual designation of a zone with special conditions for the use of territories (for cadastral affairs of zones with special conditions for the use of territories);

— number of the cadastral division unit (for cadastral files of cadastral division);

- individual designation of a unit of administrative or cadastral division (for cadastral files of the geodetic or cartographic basis of the State Real Estate Cadastre).

According to the “Procedure for maintaining the state real estate cadastre”, when registering it, documents are placed in the cadastral file in the following sequence:

- title page of the cadastral file;

- a certification sheet, on which the number of sheets in the cadastral file and the features of individual documents are indicated in numbers and in words;

- a substitute sheet for the cadastral file, included in the cadastral file instead of a document temporarily removed from the file;

- an internal inventory of documents placed in the cadastral file, drawn up on a separate sheet in the prescribed form.

The internal inventory of cadastral case documents is compiled by a document specialist in the archives department responsible for maintaining cadastral records.

The internal inventory of cadastral documents indicates:

— serial number of the document placed in the file;

— case index;

— document details (name, registration number, date);

— numbers of document sheets on which each document is located;

— date of inclusion of the document in the cadastral file;

— place of storage of the document;

— signature, surname and initials of the department employee responsible for conducting cadastral affairs.

After the internal inventory, the following documents are sequentially included in the cadastral file: - application; — documents required for cadastral registration, submitted by the applicant:

resolution on granting ownership of a land plot,
description of the land plot,
document verification protocol,
decision to carry out cadastral registration,
act of determining the cadastral value of a plot,
cadastral passport of the land plot.

All cadastral files are included in the nomenclature of files of the Federal State Institution “ZKP” for the Penza region and are subject to permanent storage. The maintenance of the nomenclature of files, the formation and registration of cadastral files are carried out by employees of the archives department, taking into account the regulatory requirements of the Federal Archive.

After the cadastral file is fully completed, it is placed on a rack and stored in the archives department permanently. The issuance of cadastral files for temporary use is carried out only by employees of the general support department and the department for ensuring the maintenance of cadastral objects of the Federal State Institution "ZKP" in the Penza region and is accompanied by the execution of an order form for the issuance of cadastral files for temporary use. Cadastral deeds issued for temporary use are registered in the book of issuance of cadastral deeds. All these documents are drawn up by employees of the archives department according to the forms given in the appendices to the “Basic Rules for the Operation of Organizational Archives”.

Thus, the correct registration and storage of cadastral files plays a very important role, since the issue of registering a land plot and real estate property with the state cadastral register is currently very relevant.

Order of the Ministry of Justice of the Russian Federation dated February 20, 2008 No. 35 “On approval of the procedure for maintaining the state real estate cadastre.”

Letter from the Office of the Federal Real Estate Cadastre Agency for the constituent entities of the Russian Federation dated March 4, 2008 No. VK/ [email protected] “Explanations on the management of cadastral affairs.”

Order of the Ministry of Justice of the Russian Federation dated February 20, 2008 No. 35 “On approval of the procedure for maintaining the state real estate cadastre.”

Basic rules for the operation of organizational archives. Approved by the decision of the Board of Rosarkhiv dated 02/06/2002.

Cadastral case

Cadastral file is a set of documents compiled in the prescribed manner, confirming the fact of the emergence or termination of a land plot as an object of cadastral registration, included in the documents of the state real estate cadastre ... Large legal dictionary

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The need for land surveying

Cadastral files are opened with the completion of the land surveying procedure. Although, by law, privatization can be carried out without fixing the boundaries of the territory, there may still be many cases when this must be done:

to carry out purchases and sales;
donations;
rental;
building a house.

The land surveying procedure will help settle disputes with neighbors when disagreements arise over territories and plot areas. In case of conflicts, the problem can be resolved peacefully, without going to court. After the document is issued, various transactions can be carried out with land and real estate. Thanks to the availability of the necessary documentation, the plot can be sold, exchanged, or donated. In this case, all transactions will be legal.

Land management (land survey) of a land plot - what is it and where to get it

This process is regulated by the Federal Law of the Russian Federation “On Land Management” (Article No. 22). Having in hand papers that indicate certain boundaries of a plot of land, a citizen becomes its full owner and no one will have the right to cross these boundaries without his consent.

Since these concepts are directly related to the preparation of papers that are needed to own land and land plots, and are also a mandatory item in all land transactions (construction, purchase and sale, lease). Therefore, it is worth familiarizing yourself with this terminology, understanding the essence, in order to avoid fatal mistakes.

Documentation rules

The cadastral file of a land plot is drawn up for:

determining the boundaries of the site;
land control;
Real estate accounting.

The procedure is carried out by the Committee or the Land Management Department. The first organization draws up documentation for the intended purpose. It involves dacha construction, primary real estate or agriculture. In other cases, this work is performed by the land management organization.

To carry out registration of the primary property, a cadastral file does not need to be opened. And the secondary one needs to create a separate property register. It is part of the CD. Documentation that was previously generated may not be suitable for all items. To resolve this issue, the case is transferred to the certified as per the rules.

Each land plot file has a personal number. It consists of an area code and a serial number, which is recorded in the accounting book. To merge the plots, you need to get a cadastral file again. The land and case numbers are the same. To obtain it, you can use the services of private companies that issue these documents.

Explanations on conducting cadastral affairs

A cadastral file containing details of the cartographic basis of the cadastre on the territory of the cadastral district (date of creation of the cartographic basis; information about the organization that created the cartographic basis, the scale of the cartographic basis; coordinate system). Additionally, the cadastral file may include a cartogram of the coverage of the territory of the cadastral district.

In order to provide information interaction when maintaining the state real estate cadastre, the Russian Ministry of Foreign Affairs provides Rosnedvizhimost (hereinafter referred to as the central office) with details of international treaties of the Russian Federation and other documents specified in Article 8 of the Cadastre Law, including information about their signing, ratification and entry into force, as well as copies of these acts with text annexes containing a description of the passage of the border of the Russian Federation.

Maintaining the state land cadastre

Throughout the Russian Federation, the state land cadastre is maintained according to a unified methodology and represents sequential actions to collect, document, accumulate, process, record and store information about land plots. Information about the condition and use of land plots, their areas, location, economic and qualitative characteristics is entered into the documents of the state land cadastre on the basis of data on the surveying of land plots, information provided by the legal holders of land plots, the results of topographical, geodetic, cartographic, monitoring, land management, soil, geological-geomorphological and other surveys and surveys. The list of information about land plots is applied taking into account each category of land.

Information on rights to a land plot and restrictions (encumbrances) of these rights is entered into the Unified State Register of Lands on the basis of information from the Unified State Register of Rights to Real Estate and Transactions with It, as well as on the basis of other documents on rights to land plots. legally valid at the time of entering the specified information into the state land cadastre.

Information on the economic characteristics of land plots is entered into the documents of the state land cadastre on the basis of data from the state cadastral and other assessment of land and the provisions of regulatory legal acts of state authorities and local governments.

Information about territorial zones is entered into the documents of the state land cadastre on the basis of data received from the authorities that register or record territorial zones.

Documentation of information from the state land cadastre is carried out on paper and (or) electronic media. If there is a discrepancy in information recorded on paper and information recorded on electronic media, information recorded on paper takes priority, unless otherwise provided by federal law.

Correction of technical errors made in the maintenance of the state land cadastre is carried out if there is no reason to believe that such correction may cause damage or violate the legitimate interests of land owners or third parties who relied on the corresponding records in the state land cadastre. If the above-mentioned concerns exist, then such correction is carried out on the basis of a court decision or arbitration court. Information about the correction of technical errors or about the refusal to correct technical errors within five days is sent in writing to the rights holders of land plots or third parties who relied on the corresponding records in the state land cadastre.

The Unified State Register of Lands and cadastral files are subject to eternal storage; their destruction and seizure are not allowed. The procedure for storing other documents of the state land cadastre, except for those mentioned, is established by the Government of the Russian Federation. Basic documents of the state land cadastre are subject to insurance in the prescribed manner.

Cadastral case

4. Derivative documents of the state land cadastre include documents containing lists of lands owned by the Russian Federation, property of constituent entities of the Russian Federation, property of municipalities, reports on the condition and use of land resources, statistical reports, analytical reviews, derivative cadastral maps (plans) ), other reference and analytical documents.

In Kuzbass, a regional program was also approved to create an automated system for maintaining the land cadastre and state registration of real estate in the Kemerovo region. According to experts, this system is necessary in order, firstly, to ensure accurate registration of legal rights, and secondly, to determine the real tax rates for users and owners of land. In addition to all of the above, this allows you to set a starting price for the competitive sale of real estate.

Cadastral files and maps

Cadastral files are a set of documents generated for all objects in the register.

Objects for which cases are compiled:

plots;
boundaries of territorial zones;
regional boundaries;
boundaries of settlements;
municipalities;
coordinates of the state border.

Information is generated in electronic and paper form. The bulk of the work is carried out by cadastral engineers, their services are paid for by citizens. Budgetary financing of cadastral work is used to form the boundaries of regions, settlements, and municipalities.

Documents for cadastral registration are submitted by citizens in paper form, accompanied by a disk with an electronic version of the description of the object. Rosreestr employees enter information from received documents into the electronic cadastre database and generate copies for cadastral files in paper form.

Everyone knows the public cadastral map, which combines both a graphic description and textual information, accessible to everyone without exception, but there are several other types of maps:

duty cards - Rosreestr uses them in its work;
maps of municipalities are used by the municipal administration when exercising powers;
maps of subjects used by regional authorities also combine municipal maps.

Maps contain all possible information about objects, even temporary ones.

Information from the public map is for reference only and a request is made to officially confirm the information contained therein. But in maps, users are primarily interested in the description of boundaries.