If you have owned a plot of land for a long period of time, you should certainly know that all actions that affect the external characteristics of your property must be entered in special documents, that is, in the cadastral register.
Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free! Deregistration of a land plot from the cadastral register is a procedure accompanied by the cancellation of information about the property from the state real estate cadastre.
How to remove a plot from cadastral registration?
Who can apply for deregistration?
There should be no doubt regarding the issue regarding entities having the right to cancel information about a plot of land. Basically, these are property owners, one or more, with shared ownership of the property.
It is important! Citizens who have recently entered into an inheritance also have the right to remove property from cadastral registration.
A person who has a notarized power of attorney on behalf of the owner of the site can also cancel information. Regarding owners wishing to divide property among themselves, deregistration requires the consent of all land owners. The document must be prepared in writing.
The cadastral and market value of land - how they relate can be found out by clicking on the link.
Grounds for deregistration
A land plot can be removed from cadastral registration only in the following cases:
- The state body cancels information about a real estate property only if it is transformable and, accordingly, is subject to deregistration on the basis of Federal Law No. 221, Art. 24 “On the state cadastre of real estate.” For example, during the division of a plot of land, after registration of rights to all converted property, within 3 working days from the date of registration of rights to converted land.
- After 5 years from the date of registration of the formed real estate, the rights to it have not been registered, such information is excluded from the real estate cadastre.
- During the temporary period, the owner of the plot may apply to government authorities with an application to remove information about the property from the cadastral register.
It is important! The legislation does not provide for other cases for canceling information, but at the same time, a land plot can be deregistered by a decision that has entered into legal force of the courts.
Why is it necessary?
There may be several reasons for canceling the cadastral registration of an object.
The main ones are:
- Real property was destroyed as a result of an emergency or intentional action.
- Identifying errors in existing registration. These include re-entering an object into the State Property Committee or superimposing the boundaries of one object onto another, larger in area.
- The facility was dismantled on the basis of current legislation.
- Changing the characteristics and parameters of an object that were previously recognized as unique. The result of such a change is the inability of the property to exist with the same legal status as before. This is evidenced by Art. 24 Federal Law No. 221.
Changes in unique parameters occur for a number of reasons . The most obvious and significant of them are presented below:
- Carrying out reconstruction of structures or other repair work. Such manipulations usually lead to the emergence of additional buildings, which actually changes the building area of the existing land plot.
- Changing the boundaries of the site.
- Reducing the area of a plot of land (or other real estate) by dividing it into several parts.
- Combining several objects (buildings, land plots, etc.) into one.
In addition, termination of cadastral registration is possible as a result of a court decision or due to the impossibility of delimiting neighboring plots.
When will the service be provided?
Exclusion of information from the real estate cadastre is carried out within 18 calendar days from the moment the owner of the land plot submits an application to government agencies.
It is important! If the deadline is illegally extended without any good reason, then you can file a lawsuit!
Service cost
Removing an allotment from cadastral registration is far from a free procedure. If the service for entering a property into the register is calculated taking into account its area, then in our case the cost is not affected by any factors.
Depending on the region, the price may vary slightly, but if you calculate the average value, it will be 2,500 rubles. It is necessary to pay for the provision of services before the start of the paperwork procedure.
According to Federal Law 221, Article 19, Clause 2, there is no state duty for canceling information from the real estate register.
A plot cannot be removed from cadastral registration free of charge.
List of documents required for deregistration of a land plot
The list includes only five items:
- document confirming the identity of the applicant;
- original property document and a copy;
- cadastral plan;
- act of studying the site and a copy;
- statement.
You must have the first three papers, but you will need to receive the act.
This form must certify that something has happened to the property that allows the procedure for canceling information from the real estate register. Qualified engineers are involved in drawing up reports.
It is important! Be sure to make sure that the BTI employee has a certificate, since otherwise, if his signature on the act is invalidated, then everything will have to start all over again.
The paper must be signed in the presence of an employee of the authorized body. If you are acting on the basis of a notarized power of attorney, then it must also be included in the package of documents.
But most likely, you won’t have to fill out anything at all; the employee will take the documents, enter the necessary information and provide you with a printed form, which you only need to check and sign.
How to find out the cadastral value of land by cadastral number can be found in the article at the link.
Documents on the removal of a plot from cadastral registration should be signed in the presence of an employee of the authorized body.
Who has the right to carry out a state procedure
To remove an object from cadastral registration, you must provide a corresponding application. Only the direct owner of the property can act as a petitioner .
However, if he does not have such an opportunity, his authorized representative . The latter is allowed to act only on the basis of the relevant document. The paper must be certified by a notary.
Sometimes an object is owned by several people at once (shared ownership). Then all copyright holders must take part in the process of deregistering it.
This rule applies to all real estate, including land plots.
Step-by-step instructions on deregistering a real estate property from the cadastral register
- The first step is to write an application to cancel information from the real estate cadastral register. The document must indicate the reason for deregistration of the plot. The application form is available at the link here.
- The completed form must be brought in person to the local authorized body or to the MFC or use postal services, with mandatory notification of receipt. In both cases, the applicant attaches a paper confirming his authority to dispose of the property (a copy of the certificate of ownership of the property certified by a notary) and a cadastral plan.
Registration of an application for cancellation of information from the cadastral register is carried out by the authorized body on the day of its submission.
On the basis of this, he issues a receipt confirming receipt of the package of documents; in addition, it is sent by mail. According to the law, a decision to deregister an allotment must be made no later than 18 calendar days from the date of registration of the application with the cadastral chamber.
Within 19 days, the response is given to the applicant in person or sent by mail with notification of receipt no later than the 23rd day. If a refusal to provide a service to remove property from cadastral registration is refused, the authorized body is obliged to notify the applicant about this no later than the 19th calendar day, indicating the reason.
The notification will arrive by mail no later than the 23rd calendar day. How to transfer land from one category to another is described in the article at the link.
What it is?
If a plot of land was registered with the cadastral service earlier than January 1, 2021 and ownership rights were not registered for it or a lease agreement was not issued, it is considered temporary. The person in whose name the plot is registered in this status can use it, however, he is not allowed to sell it, donate it, divide it as an inheritance or carry out other operations with it.
Important: If by March 1, 2022, ownership or lease rights are not registered on parts of the land that are listed as temporary, they will no longer be listed in the Unified State Register of Real Estate. This is stated in paragraph 7 of Article 72 of the Federal Law on. 07/13/2015 N 218-F3 (as amended on 08/02/2019).
Why can they refuse to remove information from the cadastral register?
A government agency may refuse to provide services to an applicant. But this is only possible in the following circumstances:
- the property is not property whose cadastral registration is carried out in accordance with the Federal Law;
- the application was submitted with violations;
- the submitted papers do not meet the established requirements of the Federal Law in their form or content;
- 3 months after the suspension of state registration, the circumstances that led to such a decision were not excluded;
- the property does not belong to the converted objects and is not subject to deregistration on the basis of existing legislation.
It is important! The written refusal must contain information about the reason for the violation. It can be challenged in court.
Deregistration of real estate by court decision: judicial practice
If, on the basis of any facts, the authorized body refused to provide the service, then, according to the Civil Code of the Russian Federation, you have the right to file a claim in the courts.
To do this, you will need to write an application, pay a state fee and collect the entire package of documents that were provided to the cadastral chamber.
The court will get acquainted with your case within 30 days from the date of filing the claim, and if everything is satisfactory, a trial will be scheduled a month later, at which justice may be on your side.
Deregistration of real estate through the court.
Procedure for making changes
Changing information in the cadastral register is a procedure that allows the land owner to re-register the relevant documents and make changes to them that have occurred with the property not only in the cadastre papers, but also in the register itself.
Everything happens very simply:
- necessary documents are collected;
- an application is drawn up;
A sample application can be viewed here.
- submitted for consideration to the authorized bodies.
It is important! Additional information must be entered on time; this will make it easier in the future to carry out transactions with a plot of land and save you from unnecessary problems. The process of entering changes into the cadastre is similar to the procedure for deregistering a property.
Procedure for entering additional information and reasons
Foundations are changes that have occurred to a piece of land. In practice, there are a huge number of such reasons, so it is worth considering the most common of them.
The main reason is to move the boundaries of the property. In addition, changes are made during the construction of various buildings on the land plot.
It is necessary to go through the procedure even if the plot was divided or, conversely, additional plots were added to it.
Procedure for entering additional information and reasons.
The procedure for entering additional information is carried out in several stages:
- Collection of papers confirming the right to dispose of property.
- Payment of state duty.
- Writing an application.
- Carrying out land surveying work.
- Submit a package of documents with a land surveying act to the authorized body and wait 15 days.
The procedure is now complete!
Let's sum it up
Procedures related to the correct registration and registration of real estate should be carried out only if there are compelling reasons for this.
In this way, you can not only make your life easier, but also help the state understand issues related to the land situation in our country.
Remember that registration is quick and it will take you very little time to receive the service. Therefore, you should not put things off, but solve problems as they arise!
You can find out how to register land in the cadastral register in the following video:
Reasons
To remove any property from the cadastral register, serious reasons are required. If we are talking about a land use area, they are as follows:
- Dividing an existing plot of land into several separate plots.
- Combination of several plots (this is permissible provided there are common boundaries).
- The rights to the specified plot have not been registered. In this case, the object had to be registered in the cadastral register before 01/03/2008.
- The candidate for ownership of this object, who put it on temporary registration, submitted a corresponding application. The mandatory rule for this paragraph is the absence of registration of rights to the land plot at the time of filing the application.
Previously, a property was considered temporary if it was registered, but registration of ownership rights had not yet been carried out. The specified term is not applicable and is not valid as of 01/01/2017 .
