The adjacent territory of an apartment building (MKD), that is, the land plot adjacent to it, is the common shared property of its residents. This is what Article 36 of the Housing Code says. To determine the boundaries of the local area, it is necessary to carry out land surveying of the section of the apartment building. (To find out how much the land surveying procedure costs in your area, you can use the service - calculating the cost of cadastral work). The State Duma is introducing a number of changes to housing legislation concerning the registration of land plots for apartment buildings. The law on the extension of the dacha amnesty dated August 2, 2020 was signed by the president and entered into legal force. Let's look at how to make a project for land surveying of an apartment building, land surveying of the local area according to the new law in more detail.
Advantages of land surveying under an apartment building
Every city dweller is pleased when not only the central streets, but also the courtyards of houses are kept clean. Well-maintained and green areas, the presence of children's playgrounds - all this undoubtedly attracts and pleases the eye. We leave the house every day, and it is much more pleasant for everyone to look at a well-groomed flowerbed and an organized parking place for cars than at uncleaned sidewalks and paths broken by cars. Management companies are created to keep houses clean and tidy. But they do not always fully cope with their responsibilities. The demarcation of the adjacent territory of the apartment building gives, firstly, the right to dispose of common property to residents at their own discretion (they can be landscaped, fenced off from unauthorized persons), and secondly, to prevent the placement of unnecessary objects in the yard.
Landmarking of the local area of an apartment building in Moscow
All that remains is to send the application and wait to receive a receipt for payment. A receipt for 1000 rubles must be paid in a convenient way, for example, through Sberbank online, and after 5 working days, as a result of the provision of the service, you will receive a package of documents consisting of the Quarter Land Survey Project and an order for its approval.
If a project exists for the block of interest, it will be marked with blue shading. If not, the simple procedure ends in failure. Here you will have to either abandon this idea or gain strength, since the process of registering land will be much more creative, with travel through city archives in search of construction documents, courts, etc. Not for this instruction.
Who is preparing the land surveying project for an apartment building?
Article 16 of the law dated December 29, 2004 N 189-FZ “On the entry into force of the Housing Code” states that any owner of an apartment building has the right to apply to public authorities so that they form a land plot. That is, what the boundaries of the local area should be is determined by local authorities. Cadastral work to prepare a land surveying project is carried out by specialized organizations. But who should be the initiator and customer of the project for surveying an apartment building and register the land plot for an apartment building and pay for cadastral work? There is no answer to these questions in the current legislation, so the State Duma decided to fill in the gaps and clarify things.
Landmarking of local areas
The Housing Code of the Russian Federation states that the land under houses as a result of land surveying, from the moment its boundaries are determined and registered by the cadastral chamber, passes free of charge into the shared ownership of the apartment owners and from that moment is in their common use.
During the creation of a PPT in your block, accompanied by land surveying of adjacent areas, you can contact the developers or company representatives with a request to meet your interests and carry out marking and land surveying of the site for the HOA. According to the norms of the Russian Land Code, in the process of land surveying no inclusions should be formed, and areas should not be wedged into each other. The formation of stripes and broken boundaries is also unacceptable. The areas formed as a result of land surveying must have the possibility of placing commercial real estate objects. It is strictly forbidden to interfere with the rational use of land plots and disturb the ecology of the territory!
How land surveying of an apartment building will be carried out in 2020 - new law
The law on the extension of the dacha amnesty, dated 08/02/2019 No. 267-FZ, raised the issue of preparing a project for surveying a land plot for apartment buildings. As State Duma deputies explain, the adoption of the law will serve the purpose of stimulating the involvement of residential real estate in civil circulation and will have a positive impact on the dynamics of development of the private residential sector. At the same time, the obligation to carry out all the necessary actions for cadastral registration of the local area (preparing a project for land surveying and a boundary plan for the land plot of an apartment building, applying to Rosreestr, etc.) is now clearly assigned to the authorities and is specified. In addition, land surveying under apartment buildings should be a priority during the implementation of complex cadastral work, even if there are no requests from the owners. These additions will facilitate the proper performance of their duties by government agencies.
Land surveying of an apartment building
Land surveying work is carried out on the basis of an agreement concluded between the owners and the engineering and geodetic organization. The procedure is fully regulated and includes several mandatory steps.
The result is the registration of ownership of the land. Information about this must be entered into the real estate cadastre. The appropriate papers are drawn up.
The necessary conditions
The delineation of the local area of an apartment building in Moscow can be carried out if the majority of residents of the residential building agree to become the owners of the land on which it stands.
The majority means more than half of the residents of an apartment building.
This condition is met through public hearings.
They are carried out in two stages, and at which the project will be presented to future land owners:
| Indicators | Description |
| The so-called exposition is held | where people are presented with a land surveying project approved by the department. At this stage, you can ask questions to the designers and make some suggestions |
| Public hearings are then held | during which the active part of the residents discusses the proposed projects |
| People are given a few more days | to think about what you heard and, if desired, make suggestions for the project |
The most important part is the public hearing. This is a public meeting where owners can accept or reject the project.
It is important that the land on which the house is built and to which an area of several meters adjoins is indivisible.
It belongs to the residents on the basis of joint ownership. The share cannot be allocated in kind, that is, it is impossible to use any part of the land individually.
Benefit for the owner
Why do owners need to register land? Isn't it enough to have an apartment in a residential building?
In fact, apartment owners receive considerable benefits from registering the land as their own home ownership:
| Indicators | Description |
| They can use earmark money | for improvement of property located on the territory of the land plot |
| Owners have a real opportunity to save their yard | from trendy commercial infill development |
| They'll get the full picture | about what they pay for, how they take care of their territory, how they maintain the yard |
| By decision of the owners of the land plot, a fence can be installed | in order to limit access to the territory of the block by unauthorized persons, which is a preventive measure against damage to common courtyard property (playgrounds, benches, decorated lawns) |
| Indirect installation of fencing | and/or barrier has a positive effect on solving the current problem of illegal parking |
It is also easier for the management company to work - it can accurately justify the prices in the rent receipt, calculate the tariff for servicing the joint property, taking into account the area of the adjacent territory and what objects are located on it.
Preparation of a land surveying project for the territory of an apartment building - stages and deadlines
The local authorities have sorted out who should prepare the survey of the land plot of an apartment building. Now let’s find out how the land surveying project for the local area of the apartment building is being done. In order to develop a land surveying project for an apartment building, the authorities decide to prepare such a project, then collect the necessary documentation on the planning of the required plot of land for an apartment building and act as a customer. Next, a municipal contract is concluded with a specialized organization in the field of geodesy and cadastre, engineering surveys are carried out and the project itself is formed. After this, the local administration approves the project and sends it for registration to the Rosreestr authorities. The MKD land surveying project can be carried out either independently or during complex cadastral works. The timing of surveying depends on this. As a rule, work takes from 6 months to one year.
Documents required for registration of rights to a plot under an apartment building.
— application for state cadastral registration and state registration of the right of common shared ownership of common property in the apartment building;
— the applicant’s passport (if an authorized person, then a notarized power of attorney);
— decision of the general meeting of owners of the apartment building on land surveying of the house;
— decision of the general meeting to determine each share in the common shared ownership;
— boundary plan, design documentation, floor plan, decision to put the house into operation and other documents on the formation of the land plot on which the house is located;
- documents confirming the rights of owners;
The collected documents must be submitted to either the reception offices of Rosreestr, or electronically through the Rosreestr portal. Registration period is 7-9 working days.
All real estate objects located on the territory of the MKZh house site are separated separately (apartments, parking spaces, pits, garages). We wrote about how to register ownership of a parking space here
Protecting the rights of citizens during land surveying and interleaving of adjacent territories in Moscow
In the speech of political scientist, specialist in regional and local government Sergei Ryzhenkov, the idea was voiced that on the eve of the elections to the Moscow City Duma and the mayor of the capital, the issue of “chopping off” local areas will be relevant. And in the event of strong pressure from citizens on officials, the Moscow government will be forced to make concessions.
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Deputy of the municipal assembly of the Yuzhnoportovoye district, Alexander Loshchakov, drew attention to the following: in Soviet times, technical cadastres were created and technical passports were issued, which reflected the boundaries of adjacent land plots, and now, according to the new cadastral division, the same land plot is property character. And, very often, government officials use these discrepancies as arguments for refusing citizens certain actions.
How is the size of the local area of an apartment building determined?
Most often, controversial situations between homeowners, homeowners associations and management companies arise due to the area of a given territory. This zone in houses built during the USSR was later privatized free of charge by all residents. In current new buildings, the size of the plot is determined by the developer at the stage of preparing the construction plan, which is enshrined in the provisions of SNiP on urban planning.
- Carry out work on the construction of structures and recreational facilities for children and adults. This also includes the repair of such objects.
- Engage in landscaping and cultivating planted plants, flower beds, lawns, trees, etc. Residents have the right to independently plant the desired vegetation (only poisonous species are prohibited), feed, cut, weed and perform other actions to maintain the greenery in proper form.
- Designate places for household waste, ensure their cleanliness and timely removal.
- Cleaning - sweeping sidewalks in the warm season and clearing of snow during winter.
- Erect a fence for the entire zone or part of it, as well as repair it. This is done taking into account the interests and rights of residents living in neighboring houses.
- Arrange parking areas where vehicles will be parked.
29 Jul 2020 glavurist 330
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Landmarking of the local area of an apartment building in Moscow
After surveying and cadastral registration, the owners of apartment buildings can exercise their right to dispose of this land. In this case, there is no transfer of ownership of the land plot, no privatization of the land. The land plot is only properly registered as the local area of a particular house.
To determine the right of common ownership of a house plot, a package of documents and a decision from the owners of the apartments of the building, adopted at a general meeting of owners, are required. The authorities are obliged to accept and review the package of documents, and subsequently carry out the formation of a land plot adjacent to the house and register it with the cadastral register. Only then will the owners receive the right of common ownership of the local area, and free of charge.
Cadastral map of houses: description
You can find the house you are interested in by the cadastral number of the land plot on which it is located. This is the easiest and fastest search option. It is enough to enter the code, after which the land plot and data about it will be displayed. A cadastral map with houses allows you to find absolutely any building.
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After finding the object of interest, it is easy to determine its address (if it is found by cadastral number), unique code (if it is found by address), boundaries, status, declared area, category, permissible use, who serves, and registration date.
How to find out the cadastral number of a house
When applying to the cadastral chamber, you will need to write an application, pay a state fee and submit a number of documents, which includes your passport and a certificate of ownership of the property. In five days you will receive not only a number, but also more detailed information.
You can also obtain a cadastral passport via the Internet. To do this, you need to pay a fee, send all the necessary information and fill out application forms. You will do all this online, and after 10-14 days you will receive a notification that you can come to the registration chamber for your new real estate passport. All these messages will be sent to your email, which creates greater security for such information.
26 Jun 2020 stopurist 1351
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