Delivery of a land plot for an apartment building for cadastral registration.

Preparing to submit documents

The filing of papers can be carried out by a person intending to purchase a plot of land for the construction of a house or cottage on public land. In this case, it will be necessary to submit an application to the local administration about the intention to buy the land, then make a transaction, obtain documents on ownership and then deal with the registration of a cadastral passport and other papers.

Only the owner of the plot or his authorized representative has the right to submit documents to the local registration authority. If there are several owners of a given plot, one of them can act on behalf of all of them, having documents in hand confirming this status.

Please note: only the owner of the plot who purchased it from the community without buildings on it should register with the cadastral register and receive a passport. When selling land with a building, all documents must be provided by the former owner. If he doesn’t have these in his hands, before making a transaction you need to request them from Rosreestr - such data can be given to you on a general basis.

How to register a land plot yourself

To register a plot of land for cadastral registration, the adult owner, who can be either an individual or a legal entity, must:

1. Collect the necessary documents.
2. Register the site with the cadastral chamber.
3. Register the site with the Federal Registration Service.

Collection of necessary documents

To register you will need the following documents:

• Passport or any other document suitable to prove the identity of the applicant;
• A document substantiating the emergence of land use rights (contracts of donation, lease, purchase and sale of a plot acquired from the state, purchase and sale of a house located on the plot, lifelong inheritable possession, as well as a will or inheritance agreement);
• Certificate of ownership of land (if there are several owners, then such a document will be required from everyone);
• Boundary plan;
• If the plot is currently leased, then permission is also required from the Ministry of Property Relations and all tenants to register the land in the cadastral register;
• Receipt confirming payment of the state duty.

Also, if the site has minor owners, then permission from guardians or guardianship authorities will be required. And if documents are submitted by a representative of the owner, a notarized power of attorney is required.

It is necessary to make copies of all of the above documents, which may later be needed when submitting an application to Rosreestr.

Registration procedure

1. It is necessary to contact the Cadastral Chamber with all the above documents and fill out an application.
2. Pay the state fee. This can usually be done directly at the Cadastral Chamber's cash desk
   . It will be different for individuals and legal entities.
3. Give the documents and receipt of payment of the state duty to the Cadastral Chamber employee to enter data into Rosreestr and take a receipt indicating the day of receipt of the cadastral passport.
4. If there are no errors or discrepancies in the submitted documents, the application procedure will take no more than 20 days on average. If errors or discrepancies are discovered, everything may take up to 3-6 months.
5. Come on the appointed day and receive a cadastral passport, which will indicate the cadastral number assigned to the land plot, and pick up the previously given documents. Apart from the owner, documents can also be collected by an authorized person who has a notarized power of attorney.

Registration of a site with the Federal Registration Service

To prevent the plot from being excluded from the register, the owner, in accordance with clause 1 of Art. 25 of the Federal Law must register it with the Federal Registration Service within 2 years. To do this you need:

1. Contact the Registration Chamber and fill out the application form, as well as attach the passport of the owner or all owners (if there are several of them) and the cadastral passport with the foundation agreement and boundary plan. If a representative applies, he must have a power of attorney with a passport.
2. Pay the state fee (most often this can be done at the Registration Chamber cash desk) and attach a receipt of payment to the application.
3. Give the documents to the Registrar and take a receipt for receipt of the documents with the specified completion date of the registration procedure. Registration takes two weeks on average.
4. On the specified day, appear at the registration chamber and pick up the documents. A trusted person can also do this.

Documents for cadastral registration

Collecting the papers necessary to register the site is the first stage of preparation in this matter. There is a single mandatory package of documents for cadastral registration. It includes:

• boundary plan of the site;
• document on the applicant's ownership;
• a document defining the site’s belonging to a certain type of land;
• permission to register the property from the co-owners;
• receipts for payment of state duty;
• statement.

The list of required papers can be adjusted privately if there are controversial issues, incorrect paperwork or other difficulties. The transferred documents, in particular the boundary plan, must be notarized.

Please note that in current legislation, the right to dispose of land is given only by a document of ownership. Land certificates issued in the 90s and not registered after 1998 are not such documents.

In practice, it happens that the owners of such papers have not exercised their right for more than 10 years, as a result of which the plot was registered in the cadastral register by another person. In this situation, representatives of Rosreestr had no reason to refuse him.

You can submit documents for registration:

• in person by contacting local authorities;
• through a proxy;
• by sending the documentation by mail (you must wait for confirmation of receipt);
• by sending the required package by email.

Please note: all documents submitted by the applicant to the state center must be endorsed by him. If they are transferred in person, this can be done with one signature of the applicant. But when sending data electronically, an electronic signature will be required, and when sending by post, the person’s signature must also be notarized. If the documents were sent by mail, the applicant should keep the notification of receipt of the package by representatives of Rosreestr.

Documents for cadastral registration of a land plot

The first step is collecting the documents necessary for cadastral registration of the plot. The following papers will be required here:

• Legal documentation. The role of such paper can be a DCT, a certificate of ownership, an agreement on the transfer of property, an inheritance document, a lease agreement and other papers.
• Foundation agreement. Such documents include an agreement on the basis of which the right to land plot is issued. This category includes the following agreements: lease, right of lifelong inheritance, perpetual use, purchase and sale of a house or plot.

To obtain a plot of land for use, you should contact the municipal authority and fill out an application requesting the purchase of the land plot. The Land Committee draws up the DCT and submits a receipt. The land commission is responsible for calculating the redemption price. As soon as the receipt is cleared and the money is credited to the specified account, a DCT and an acceptance certificate are issued. After completing the documents, the gift or inheritance agreement is handed over.

The situation is more complicated if the land plot is owned by the municipality and is applied on the basis of a lease agreement. In this case, you cannot do without the approval of the Ministry dealing with property relations. The consent of all tenants is also required.

See also: How to register an object for cadastral registration - instructions for action

To obtain approval from the ministerial body, tenants aged 18 years or over fill out applications, submit a passport and a rental agreement. After this, you must take written consent on a certain day. It can be collected from your local authority or the mentioned ministry. Tenants' approval is also provided in writing to the cadastral authority upon registration.

In addition to the papers considered, other documents will be required for cadastral registration of a land plot:

• Geodetic plan. This paper is ordered from a company authorized to prepare such documentation. It is important that the performing company has the necessary license.
• Land survey plan. Information is transmitted electronically on a special disk.
• Permission from trustee bodies. Before registering with the cadastral register, it is important to study the owners of the land plot. If there are minor owners, it is impossible to do without the approval of the above-mentioned authorities. On average, the processing time is about 10 days.
• Power of attorney certified by a notary. You cannot do without this paper if the registration is entrusted to a minor or a trusted person.

Registration of easement

An easement is a part of land transferred for rent. Passage or other intended use on the basis of an agreement or court. Easements are often allocated in order to provide access to municipal territory or other objects. Helps to avoid the presence of problematic boundaries on the site when drawing up a boundary plan and further registration with the cadastral authority.

An easement, like any other type of plot, is registered with a government agency. The list of documents for this purpose remains unchanged; in addition, they are accompanied by a court decision for the given territory (if any).

Challenging refusal to register

If the owner or tenant of real estate has good reason to believe that the refusal to register with the State Cadastre is illegal, he can challenge this decision by filing a corresponding complaint with the director of the regional department of Rosreestr.

What reasons for refusal can be considered incorrect or erroneous? For example, an employee of Rosreestr rejected the registration of a prefabricated panel country house, considering it movable property that can be easily transported and installed in another place. Formally, such a motive can be considered justified. The popularity of modern modular structures is growing every year. At the same time, if the installation of such a structure took place on the foundation, the applicant is formally right here. However, all such controversial situations require an examination. Therefore, in addition to the application itself, the property owner should make sure that the text of the expert assessment is attached to it. Of course, an independent expert must have a state license.

The submitted application, in addition to the usual rules for processing applications, must be drawn up indicating the facts indicating a biased attitude when making a decision to refuse registration. Since the refusal is always justified in writing by providing the citizen with evidence of the non-compliance of his previously submitted application or documents with the current legislation, the property owner interested in lifting the ban on registration in the State Property Committee must provide this letter as an attached document.

Read also: The procedure for selling agricultural land: how to carry it out

If the higher authorities of Rosreestr have confirmed the validity of the refusal to register, the applicant has only one chance to correct the current situation by filing an administrative claim in the district (city) court at the location of the real estate property. Before doing this, it is worth considering that litigation is a lengthy and, as a rule, expensive procedure. Therefore, before filing a claim, you should once again carefully weigh the feasibility of such a step.

Assistance from specialists in preparing documents

When preparing a package of documents for registering an object, the applicant may encounter the following difficulties:

• lack of a clear boundary plan;
• controversial status of the site.

If the owner of the site does not have a boundary plan, he should contact a cadastral engineer for help. This is a specialist who is able to conduct research on the site and draw up a document that will not have controversial points and borders with neighbors creeping on each other. An employee of this profile must be accredited by Rosreestr.

During his work, the engineer can take measurements of the territory, request boundary plans from neighbors (if any) or from a government agency. In addition, the cadastral specialist can act in court on behalf of the applicant in the event of a refusal or suspension in this case.

A lawyer’s assistance in preparing documents may be needed when drawing up an application (an incorrectly filled out form is a good reason for refusal by the competent authorities), collecting documentation or defending your interests in court. The specialist can also point out to you the need to prepare additional documents and the presence of problematic issues. It is also needed to resolve disputes with co-owners and in case of loss of documents required by the government agency. In addition, a lawyer represents you in Rosreestr if you cannot handle the paperwork yourself.

Turning to specialists allows you to save up to 3 months of time - this is how long it takes to clarify when a case is suspended and to win the case in court.

Delivery of a land plot for an apartment building for cadastral registration.

Federal Law of December 29, 2004 N 189-FZ (as amended on August 2, 2019) “On the entry into force of the Housing Code of the Russian Federation”
Article 16

3. If the land plot on which the apartment building and other real estate objects included in such a building are located was not formed before the entry into force of the Housing Code of the Russian Federation, any owner of the premises in the apartment building has the right to contact government authorities or authorities local government with an application for the formation of a land plot on which an apartment building is located.

4. The formation of the land plot specified in Part 3 of this article, on which an apartment building and other real estate objects included in such a house are located, is the responsibility of state authorities or local governments. In order to form such a land plot, authorized state authorities or local self-government bodies take all necessary actions provided for by law, including ensuring approval in the manner established by the legislation on urban planning activities of the territory surveying project, preparing a boundary plan for the land plot, filing an application for state cadastral registration in relation to such a land plot to the rights registration authority, in the event of suspension of state cadastral registration based on this application, the specified bodies ensure that the reasons preventing the implementation of state cadastral registration are eliminated.

4.1. The formation of the land plot specified in Part 3 of this article, on which the apartment building and other real estate objects included in such a house are located, is carried out by state authorities or local government bodies also in the absence of an application from the owners of the premises in the corresponding apartment building, including during performing complex cadastral works.

4.2. The authorized state body or authorized local government body, no later than five working days after the relevant decision is made, notifies the owners of the premises in the apartment building under which the land plot is being formed, including by posting or ensuring the placement of a notice, about the commencement of actions to form a land plot. containing information about the beginning of actions to form a land plot, the planned stages and timing of the relevant actions, on information boards located at the location of the corresponding apartment building, as well as on the official website of the relevant government authority or on the official website (if available) of the relevant authority local government in the information and telecommunications network "Internet".

5. From the date of the state cadastral registration of the land plot on which the apartment building and other real estate objects included in such a building are located, such land plot passes free of charge into the common shared ownership of the owners of the premises in the apartment building.

The procedure for registering a site

Having collected the necessary documentation, the owner of the plot writes an application for cadastral registration of the plot and submits it to the multifunctional center for land issues or a local authority. There he submits documents to the official against receipt (or sends them by mail). This ends the applicant’s active participation in the process for a certain period of time.

After transferring the papers to the government agency, the applicant does not need to collect additional certificates from Rosreestr and other offices. All necessary data will be sent to the local committee on an interdepartmental basis.

After the deadline for consideration of the case on registering an object for cadastral registration, the applicant is notified of the response received. It could be:

• refusal to apply;
• suspension of production;
• registration of the object.

If the answer is positive, the applicant is given completed documents for the site. These include:

• cadastral passport of the registration object;
• cadastral extract;
• Registration of papers at the address takes another 5 days.

It should be noted that data on a cadastral registration object can subsequently be provided to third parties as cadastral extracts. Such information is publicly available information and can be studied by the applicant within 5 days.

The procedure for registering a plot of land for cadastral registration

The applicant can submit an application for cadastral registration and all required documents to the authorized cadastral body in person, or through a representative (based on a power of attorney) or send the documentation by mail with acknowledgment of receipt, attaching a list of the documents being sent. It is possible to submit the application and all documents in the form of electronic documentation.

When sending documents by registered mail, the authenticity of the signature of the citizen who submitted the application to the cadastre authority must be certified by a notary.

If an application for cadastral registration of a plot of land and all necessary documentation are sent in the form of electronic documents, the application must be certified by the electronic digital signature of the applicant himself or his authorized representative.

After checking and accepting all documents, an employee of the land cadastral registration authority issues a receipt to the applicant. The decision to register land plots is made by an official of the cadastral registration authority within 20 working days from the date of submission of the application after a thorough check of the documents; such time frames are allotted by law for registering land with cadastral registration.

The results of the inspection must be documented in a protocol in which a decision is made:

1. On registering a plot of land for cadastral registration;
2. On suspension of cadastral registration of the declared land plot;
3. On refusal to conduct cadastral registration.

If the decision of the cadastral registration authority is positive, the land owner or other applicant must be issued a cadastral passport of the land plot.

According to the norms of the above-mentioned law of the Russian Federation, which regulates the procedure for conducting cadastral registration of real estate, after receiving a cadastral passport, the owner of a newly formed plot of land must register his rights.

Until the procedure for state registration of rights to this plot is carried out, the information entered into the Unified Register when registering the land is of a temporary nature.

If more than two years have passed since the cadastral registration, and the registration of rights to the land plot included in the cadastre has not been carried out, all information about this plot is canceled from the Unified Register.

The right to free temporary use of a land plot

Land issues: procedure for clarifying the boundaries of a land plot

Valuation of a share in an apartment, factors affecting the cost of a share

Procedure for eviction from an apartment of a registered person (not the owner)

Subsidy for improvement of living conditions

How to properly file a complaint to the housing inspectorate

Timing of production

The period for reviewing papers for each individual site is unified and is 18 days. The countdown starts from the moment the application is submitted. This term cannot be changed even if the authorities have requested additional information on the selected area.

If the applicant applied not to a local authority, but to a multifunctional center, he should count the period not from the day of filing the application, but from the day the documents were transferred by this center to the local cadastral registration authority. The law does not provide otherwise. If the applicant does not know exactly when his package of documents was transferred to the local authority, he can contact them for clarification of the details.

If the papers are completed correctly, the cadastral passport will be issued to the applicant one day after the end of the 18-day period.

Deadline for registering a land plot with cadastral registration

The processing time for papers cannot exceed 18 days.
If documents are processed through the MFC, this time increases by 5 days. At the end of this period, the owner receives a cadastral passport, and the plot is given a unique identifier - a cadastral number. It contains information about the object, which can be viewed on the Rosreestr website or on the State Services portal.

To avoid delays, all paperwork must be completed correctly. It is not always possible for the applicant himself to fill out everything correctly and provide everything that is required, as a result of which the registration time is delayed.

You can speed up the process by contacting a lawyer

dealing with these issues. You cannot do without this specialist if disputes arise over the ownership of a certain plot. To avoid misunderstandings, it is advisable to contact a cadastral engineer, and he must be accredited.

If there are no disagreements with neighbors regarding boundaries, there are no other claimants to the land, all the papers are available, you can do without a lawyer.

The cost of the registration procedure varies from 10 to 55 thousand rubles, it all depends on the complexity of the registration and the region.

Suspension of registration of an object

If a government agency has no reason to refuse to register an object, but there are some controversial issues regarding it, as a rule, they order a suspension of the case. This approach allows the applicant to submit additional documentation to the Rosreestr authorities. Suspension of registration may be imposed as a result of:

• documents contain conflicting information on the property;
• there is at least one disputed boundary - one that intersects another area previously registered with the cadastral register;
• the applicant provided an incomplete package of documents, and the necessary papers cannot be requested interdepartmentally;
• the application for site allocation does not comply with the approved form;
• according to the documents, the location of your property coincides with the location of another, including partially;
• the border of the site crosses the municipal territory.

The period of suspension of registration of an object lasts no more than 3 months. After this, the case is reviewed. If the applicant does not contact Rosreestr at the end of this period, the case may be rejected. The decision to suspend can also be appealed in court. In this case, the applicant needs to submit additional documents confirming his case.

We have registered the land in the cadastral register - what next?

The question of what cadastral registration of a land plot means can be answered simply - the state has received information about the property. This means that you can carry out various actions with real estate, including selling, renting or donating. Let's look at how to proceed next:

• We register the land plot with the Federal Registration Service. According to the legislation of the Russian Federation, if a person does not register a land plot within two years, the plot is removed from the register. To solve this problem, you need to come to the registration chamber and enter information into the application (drawn up according to the established template). An additional package of papers is attached to it, namely the passport of each owner, a land survey plan, as well as a foundation agreement.
• We pay the state fee. A receipt for payment is sent along with the application. The costs at this stage are 200 rubles, but the tariff is individual and determined for each specific case. As a rule, payment of the state fee is available at the registration chamber. After this, the registrar examines the received documentation, determines the date of completion of registration and provides a receipt for receipt of the papers. The problem is solved within 14 days, but it happens earlier. It is better to keep this issue under control and periodically call the registration chamber.
• On the specified day, we come to the specified address and pick up the previously transferred papers. Each owner must assemble his own package. The same applies to a notarized trustee.

In what cases is refusal possible?

The government agency will decide to refuse to register an object if the document is executed incorrectly and false data is provided. The most common reasons for refusal to apply are:

• the object is not considered real estate;
• the register for the object contains only temporary data;
• the object consists of several indivisible real estate objects;
• the site does not meet the size requirements;
• the boundary plan has not been approved;
• there are objections to registering the object;
• includes more than 5% of agricultural land;
• the site has disputed boundaries;
• documents contain false information;
• documents for the installation of the object were submitted by a person who does not have the right to take this step.

Example: citizen Nikolenko applied to Rosreestr with an application to register his housing in the cadastral register. Having examined the papers within 18 days, the service refused to register him, since the plot was already registered with the cadastral register, but by a different owner. According to Rosreestr documentation, citizen Nikolenko is not the owner of this property; accordingly, he cannot submit papers for cadastral registration.

The entire package of documentation provided by the applicant is returned to him.

This decision of the local authority is not final. The applicant has a chance to exercise his rights, but in a different order. If you receive a refusal, you should carefully study the documents. The assistance of a lawyer specializing in such cases would be appropriate, since the decision of the government authority can be challenged in court.

Reasons for refusal of registration

Registering a land plot with cadastral registration is not that difficult. However, this requires reasons. True, cases when an applicant is refused to place a plot of land in the State Property Committee are not uncommon. Reasons for refusal may be:

• the application was signed by a citizen who does not have the appropriate authority to do so (there is no power of attorney, the issued power of attorney has expired, etc.);
• the category of land does not allow its inclusion in the state cadastral registration of land plots;
• the object does not fit the generally accepted definition of real estate (container, trailer, prefabricated country house);
• the allocation of a share from another object occurred without legal grounds for this;
• the object does not have access to itself (there are no access roads, no passage);
• the applicant failed to submit all required documents;
• the boundary of the site extends beyond the city limits, falling under district jurisdiction;
• two plots to be merged into one differ in the category of land;
• the actual area or configuration of the site contradicts the graphic diagram made during land surveying.

Read also: What is a cadastral extract of a land plot

If one of the above reasons is present, registration of the land plot with the state cadastral register is impossible. This applies to any real estate.

Refusal to register is issued exclusively in printed form indicating the reasons. If non-compliance with the requirements upon initial submission of documents allows for revision or correction, the citizen can exercise this right again - when re-registering real estate with the state cadastral register.

Why do you need cadastral registration?

A cadastral passport and other documents issued by a government agency are necessary for all real estate transactions, no matter what their nature, as well as for repair work. Without a cadastral registration document it is prohibited:

• lay communications on the site;
• carry out construction.

Without providing a cadastral passport, a transaction of donation, sale, exchange and other civil acts may be declared invalid. Also, not a single similar transaction will be challenged in court if during the transaction the buyer party was not given a cadastral document, although one was issued for the selected plot. This scheme, however, does exist and is widely used in fraud.

Registration of land

Only adult owners, as well as notarized authorized persons and land users, can register the corresponding plot. Lands that you can register:

• if such land belongs on the basis of: the right of lifelong inheritable property. Lease agreements, rights of perpetual use;
• if your land plot was formed by dividing or merging several plots. Any private landowner who has decided to divide his land into plots or combine land into one plot will be required to enter information into the cadastre about the resulting plots.

What does registering a plot of land in the cadastral register give to a land owner?

This procedure not only gives the owner a complete list of rights to his property (in this case land) but is also mandatory (only formally), since it is necessary in order to determine the amount of tax that every citizen who owns real estate must pay monthly .

It is on the basis of the cadastral value that this tax is calculated today, and not from the market value, as before, and for this, the tax authority must have complete information about all houses on its territory. In addition, you need to know about the site so that you can take its features into account during construction work.

Let's consider what rights a person acquires after registering the land with the cadastral register.

• You can lay communications with a technical passport. Firstly , he receives a technical passport. And with a technical passport, he can redevelop the site, erect any buildings on it, lay communications , but he must first obtain permission for this. This is exactly what cadastral registration is for.

After all, detailed information about your site will allow engineers to find out whether certain changes can be made to your site, whether it will harm others, whether underground communications will be affected, and so on.

• Secondly , the owner acquires the opportunity to carry out operations with his real estate in order to make a profit. For example, he can rent it out (of course, here we are talking about “legal” rental, since 90 percent of housing rentals occur illegally, without registering an agreement and paying taxes), sell it, donate it, exchange it, or leave it as an inheritance.

That is why, when purchasing or obtaining housing in any way, it is necessary, in addition to concluding an agreement, to register it in the Russian register (USRE).

• Thirdly , this allows you not to pay an inflated land tax, since re-registration of the cadastral value is possible only if you have a technical passport. By the way, it should be remembered that the cadastral value for houses of the middle class and the poor is almost always overestimated, and for rich houses, on the contrary, it is underestimated.

This is beneficial for tax authorities, since the higher the cadastral value, the higher the land tax.

Proving this is as easy as shelling pears - you just need to understand how it is calculated - you take a region, and average the prices of all houses - rich and ordinary.

As a result, the average salary in Russia is 80 thousand rubles.

These are the main advantages that a person receives when registering a cadastral register, but despite the fact that this procedure is mandatory, if it is not carried out, nothing will happen to you, since there is no penalty for the lack of a technical passport. At first glance, this is a legislative flaw, but if you look closely, some logic becomes visible.