Increasing the area of a land plot when clarifying boundaries from 2020: changes and amendments

Cadastral plan of the land plot

In accordance with changes in cadastral legislation and the abolition of the cadastral passport, starting from 2020, an extract from the Unified State Register has been introduced.
All the basic information of the cadastral passport is reflected in the new cadastral document, including the cadastral plan of the land plot. To order an extract from the Unified State Register of Real Estate, you must complete the following steps: The map is placed on the service of Rosreestr, the body that carries out state cadastral registration of real estate. It displays all objects, information about which is included in the State Property Committee. The cadastre is publicly accessible and cadastral map information is provided to an indefinite number of persons free of charge.

Increasing the area of the land plot while clarifying the boundaries from 2020

Clarification of part of the border of an adjacent land plot or other land object requires the provision of a certain package of documents: Preparation of a letter with the cost, timing of the examination and information about the expert contractor. A determination is made to appoint an examination to our company. Changes in legislation have made the procedure for land surveying mandatory, but, as practice shows, not all owners have completed this procedure. We recommend that you take care to clarify its boundaries, otherwise, along with your own plot, you risk acquiring boundary disputes and litigation with your neighbors.

When confirming the actual location of the boundaries of a land plot, it is possible to use both the cartographic basis of the state real estate cadastre, maps (plans), which are photographic plans of the area on a scale of 00 and larger, as well as situational plans of the BTI, master plans (development plans) of the territories of horticultural, vegetable and dacha associations of citizens , approved in the prescribed manner, and other documents. Clarifying the boundaries of a land plot is a type of land surveying procedure, during which a specialist, using special equipment, determines the coordinates of the turning points of a specific plot of land. From 2020, without surveying (clarification of the boundaries) of the land plot, it will be impossible to make any transactions related to the land. Work to clarify the boundaries of the land plot is completed by preparing a survey plan.

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Procedure for registering a cadastral plan of a land plot

The electronic procedure is cheaper for the applicant than a personal application to the government service.
The registration period takes no more than 1 hour from the moment of application, whereas for personal application the period is 5 days.
Convenience comes first, because from any available computer - at home or at work, you can send an application to the government services portal.
An electronic document has equal legal force as a traditional paper document.
By contacting the government service through the portal, you receive a lot of additional information that is difficult to obtain in any other way.
Payment of the state fee can be made immediately when submitting the application online, using an electronic means of payment.

The main basis for drawing up a cadastral plan is the separation of this site from some other site. In this case, you have to draw up a new cadastral plan. If there is a change of owner, the cadastral plan requires its re-registration.

How can I get a cadastral plan of a land plot?

When submitted to the Cadastral Chamber, all documents must be registered in a special journal. Using this record, you can clarify the time of receipt of documents, as well as prove the presence of documents at the time of delivery. The applicant receives a receipt from the KP employee, indicating the acceptance of each document.

Obtaining a cadastral plan of a land plot has been regulated since February 20, 2008, in accordance with the order of the Ministry of Justice of the Russian Federation. At the moment (since 2010), we can say that cadastral registration in Russia is in a transition period, but a new type cadastral passport can already be obtained from the Cadastral Chamber or the MFC. However, some stages of the procedure for obtaining a document may change in the future, so it is better to clarify the list of documents required for issuing a cadastral passport and plan in Rosreestr or in consultation with Star-Service specialists.

How to make changes to the state cadastre

Regarding the correction of errors, this is a special procedure provided for by law. Correction of errors is carried out either at the initiative of the cadastral authority, or at the request of any person, or by court decision. In any case, the authorized body makes a decision about the identified error and eliminates the error within five days, of which interested parties are notified.

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Information about a property may change over time for various reasons. It is advisable to reflect such changes in the cadastre. Otherwise, the contradictions that arise may become an obstacle to transactions and other manipulations with real estate, or greatly complicate their completion, as well as negatively affect the implementation of other rights of the owner.

Making changes to the cadastral registration of a land plot

land owners;
persons to whom the land belongs by right of inheritance;
persons who have the right to unlimited use of the site;
persons in whose favor there are restrictions and/or encumbrances on the land;
representatives of the categories listed above who have a notarized power of attorney from them to carry out actions to make changes to the cadastre;

Location (that is, the address, and in its absence, a description of the location).
Data on rights to the site and their owners to the extent contained in the Unified Register of Rights.
Information about restrictions and/or encumbrances, as well as in whose favor they are established.
If restrictions are not valid for the entire site, then data about the part for which they are valid.
Data on the cadastral value of land, as well as the date on which such value was established.
Data about natural objects (reservoirs, forests, etc.) that are located on the site.
Category of land.
Type of permitted use (purpose) of the site.
Contact information for communicating with the owner or person who has the right of lifelong ownership of the land;

What to do if you need to make adjustments and changes to cadastral registration

this will save money (when sent by mail, all documentation must be notarized, in addition you will have to pay for post office services);
it will be possible to immediately consult on all issues, and if errors and inaccuracies are identified in the papers, due to which the registration request will be rejected, they can be corrected instantly, and this will save time;
no additional technical devices, such as electronic signature equipment, will be required.

In life, it often happens that information regarding a property or land plot no longer corresponds to reality. In such a situation, it is necessary to resort to making changes to the cadastral registration, otherwise the discrepancy in information will not allow the owner of the land plot or real estate to make legal transactions on it, as well as to exercise other property rights.

Increasing the area of the land plot while clarifying the boundaries from 2020

You need to have legal documentation, a purchase and sale agreement, a certificate of inheritance, and so on. According to the adopted dacha amnesty, the increase in territory is carried out on the basis of a redistribution agreement.

In some situations, it is possible to expand the land allotment. The main thing here is not the actual use of adjacent lands, but the issue of legal registration of this fact. Clarification of the boundaries of a land plot with an increase in area is considered a legal procedure for the legal registration of additional territory by annexation to the main plot. In other situations, the procedure directly relates to the reorganization of plots - through the purchase or re-registration of adjacent plots. The law allows for the recognition of property rights through a judicial authority.

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How to correctly submit an application for amendments to the cadastral passport

Calling a cadastral engineer, concluding an agreement on land surveying.
Making an advance payment by the customer;
Carrying out preparatory work related to obtaining information from the Unified State Register - this procedure may take up to 10 days;
Carrying out cadastral work by surveyors and preparing a boundary plan will take an average of a week;
Coordination of the boundaries of the site with the owners of neighboring plots - up to 1 month.
Correcting errors in cadastral registration and, directly, in the cadastral passport of a land plot - this stage occurs according to the algorithm described in the previous section.

the site has a new owner (due to sale, exchange, donation, inheritance);
the area of the allotment has increased or decreased (for example, due to the reconstruction of the building);
new residential or non-residential objects have appeared on the site;
the area of the plot recorded in the title documents and in the cadastral passport itself are different;
the address at which the site is located has changed (for example, when a street or settlement is renamed);
the purpose of the land has changed;
the cadastral value has changed;
a forest, pond, or other natural object appeared or disappeared on the site.

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When is it possible to refuse to make changes?

The owner of a land plot must understand that in some cases, changes to the cadastral passport may be refused. The reasons are due to incorrect documentation:

the package of documents has not been collected completely, some important documents are missing;
when submitting an application by the principal, copies of documents are drawn up incorrectly, the power of attorney has expired or it is drawn up with errors;
incorrect completion of the application for amendments to the cadastral passport;
making adjustments violates the current legislation of the Russian Federation.

To avoid refusal and additional hassle with documents, we advise you to submit your application in person.

This method of handling has several advantages:

significant savings in money (if you submit an application through a representative, you will have to notarize copies of documents, as well as draw up a power of attorney; if you send documents by mail, you will also have to attach notarized copies and pay for postage);
the opportunity to consult with government agency employees; any errors that may arise can be corrected immediately on the spot.

But if you are still denied, before filing a claim in court, we advise you to double-check the prepared documents and resubmit your request. If you are denied a second time, then you should go to court by filing a lawsuit demanding adjustments to the current cadastral passport.

There is nothing complicated in submitting an application to make adjustments to the cadastral passport - you just need to correctly prepare all the necessary documents.

Dear readers, the information in this article may be out of date. If you want to know how to solve your specific problem,

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When there is a need to obtain any information about a land plot, first of all, you should turn to Rosreestr data. The information systems of this government body contain information about the main characteristics of most land plots on the territory of the Russian Federation.

Until 2020, Rosreestr provided information about land plots in the form of a document called a cadastral passport of a land plot.

However, from January 1, 2020, the cadastral passport of a land plot, as well as the regulations that approved it, have lost force and are no longer issued.

This article will tell you how and in what form of document to obtain information about a land plot.

How is it allowed to change the cadastral plan of a land plot?

Since 2008, the form of papers has changed. Therefore, those owners who prepared them before this date must repeat the receipt procedure. Also, a new passport and plan will be required if there are changes in the characteristics of the objects or the personal data of the owner.

general characteristics of the object (area, address, type of land);
name of the body that carried out the registration of the territory;
unique identification number;
data on the existence of ownership rights to the plot;
location of the site;
information about neighboring objects bordering the owner’s land;
purpose of state registration.

Cadastral plan of your land plot

By definition, cadastral registration is a sequence of actions performed by a specially authorized body to enter information about an object into the state register. Simply put, this is information that is evidence of the very fact of the existence of an object. And based on this information, a cadastral passport is issued. It should be noted that cadastral registration is carried out for both real estate and land plots. We are currently interested in the last point.

application, with the obligatory certifying signature of the applicant (it should be noted, by the way, that it is possible to send documents electronically. In this case, the applicant’s signature must be certified with an electronic digital signature)
a receipt or a copy thereof indicating payment of the state fee for cadastral registration
original or copy of a document resolving a land dispute regarding the location of the boundaries of a land plot
boundary plan

Increasing the area when clarifying the boundaries of the land plot

Read more about this type of lease in this article. To remove the deceased from the apartment, you need to collect a package of certain documents. When increasing the area of a land plot, if it occurs while clarifying the boundaries, certain difficulties may arise with the legalization of the resulting plot. When clarifying the boundaries of a land plot, their location is determined based on the information contained in the document confirming the right to the land plot, or in the absence of such a document, based on from the information contained in the documents that determined the location of the boundaries of the land plot when it was formed.

Land plot U 0313 was registered in the cadastral register and assigned the number 03 9 due to the clarification of the boundaries of the plot. 39.17 of the Code follows that within a period of no more than 30 days from the date of receipt of the application for the provision of a land plot in ownership, the authorized body considers the received application, checks the presence or absence of grounds for refusal to provide a land plot, provided for in Art. Therefore, a land plot as a civil object there were no legal relations, so it could not be the subject of a lease in 2004. 39 of the Land Code of the Russian Federation, and in the absence of such grounds, if the formation of the requested land plot or clarification of its boundaries is not required, prepares a draft sale and purchase agreement in triplicate and signs them, and also sends drafts of these agreements for signing to the applicant or makes a decision to provide ownership of the land plot free of charge and sends the decision to the applicant. In my opinion, no, since according to the actual occupied area it was possible to register in the order of the so-called. And now, when there is already a certificate of ownership of a plot of 600 sq.m. The message was edited by Jazzanova: October 29, 2011 - As for the maximum minimum sizes, everything is ok.

What is the purpose and content of the cadastral plan of a land plot?

It is compiled on a cartographic basis and must include the main characteristics of a specific land plot. This plan is drawn up based on the requirements of cadastral registration of land resources. This accounting is carried out by the relevant body, which is responsible for maintaining a unified state register and the reliability of entering data about each piece of land into the cadastre.

In order to draw up both the main technical document and its annex in the form of a plan, you must contact the Rosreestr office at the location of the land plot . It is very important whether a particular land plot in the real estate register or not. This affects the further course of events.

What to do after land surveying and what the survey document looks like

Therefore, before the appointed time, all landowners need to carry out this procedure, although previously the law was not obligatory to do this. However, the Russian authorities are thinking about expanding the tax base through land properties and reducing the number of unregistered plots of land.

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After the survey has been carried out, as well as on the basis of the cadastral plan and extract, the cadastral engineer who was involved in this procedure on a specific land plot issues the applicant a special document - a survey plan, which is in paper form and certified by the personal signature of the cadastral engineer and the seal of the geodetic company. If necessary, an electronic version of the plan on virtual media is also issued.