Land surveying and cadastral registration - are they necessary at the dacha?

Lack of technical plan

It is important not to confuse a technical plan with a passport - the latter is not the equivalent of a plan.

Drawing up a technical plan has become necessary for objects under construction only in 2020. If the house was built earlier, this document may be missing. Meanwhile, it is the technical plan that serves to record the coordinates of the house and enter data into cadastral registration.

The first thing to do if the house is not marked on a public cadastral map is to check the cadastral registration data for the building. To do this, just look at the contents of section 5 of the extract from the Unified State Register of Real Estate . The absence of this section means that the cadastre does not contain information about the technical plan.

You can quickly get an extract from the Unified State Register without leaving your home, on the website of the official service Unified State Register. Register - just know the exact address or cadastral number of the property. An extract from the Unified State Register will be sent by email and certified with the digital signature of Rosreestr.

If you do not have a technical plan, you will need to order it from a cadastral engineer.

It is important to check with a land surveyor:

1. Ask to see the original qualification certificate and ask for a copy.
2. Check the validity of the certificate on the Rosreestr website in the “Register of Cadastral Engineers” section so as not to order services from a specialist with a revoked license.

Cadastral number

According to clause 2. Art. 8 Federal Law of July 13, 2015 N 218-FZ (hereinafter referred to as FZ-218), information that is entered into the real estate cadastre describes the real estate in such a way that it can be distinguished from a number of others (individualized), characteristics are prescribed that relate to:

• categories of land plot;
• determining the boundaries of the site, clarifying the location coordinates;
• the presence of buildings or reconstruction of objects on the territory.

What data does the cadastral number display?

The cadastral number (hereinafter referred to as CN) displays information that can be used to describe a land plot.

According to clause 5 of Order of the Ministry of Economic Development dated April 4, 2011 N 144, it contains the following information:

• cadastre quarter number;
• delimiters ":";
• number under which the object is registered in the Unified State Register of Real Estate.

Recording is carried out in decimal numbers, in the form of Arabic numerals. The CN of each site is unique and not repeated.

The CN looks like this:

KO:KR:KK:NZU

KO – cadastre district; KN – region according to the cadastre; QC – quarter, usually consists of 6–7 digits; NZU - the number of the land plot or the number of the quarterly object, if it concerns the construction site of the building.

Reasons for obtaining a cadastral number

According to Art. 14 FZ-218, a person has the right to register an object in the state cadastre on the basis of a submitted application and:

• an act of a state or municipal body, in accordance with the competence granted to it by the laws of the Russian Federation;
• a purchase and sale agreement or other agreement, the subject of which is the ownership of real estate, the transaction must comply with the law;
• privatization certificates;
• certificates of receipt of inheritance (certificate);
• court decisions;
• other acts of state bodies issued within the framework of laws in force in the area where such acts were issued;
• documentation prepared by engineers - survey plan, technical plan, survey report, map-plan of the area (hereinafter referred to as CP);
• schemes with the placement of a site on the cadastre map, if state registration of the territory is carried out, in order to provide it to a person for exploitation free of charge;
• other papers that allow you to determine that a person has the right to land.

Thus, a person who actually owns land legally or by precedent has the right to receive a land title. If a land plot (hereinafter referred to as land plot) is illegally seized, it will not be possible to register it, but it is permissible to try to legalize the right to exploit it.

You may also be interested in: how to purchase land from the state.

The legal right to own a plot is provided by the existence of the following precedents:

1. If the allocation of memory occurred during the USSR, by citizens who have died at the moment. If the papers are lost and the allotment has not been re-registered.
2. The person acquired the land plot before the land legislation of the Russian Federation came into force, and the documents were not reissued.
3. If the land was transferred by oral order of the testator.
4. If the authorities verbally allowed the use of the facility.

The presence of such circumstances gives the citizen the right to register the allotment. In other cases, this opportunity is provided only if there are official title papers.

How cadastral numbers are assigned

The Federal Law on the State Real Estate Cadastre (hereinafter referred to as the Federal Law of the State Real Estate Cadastre) stipulates the rules for registering property rights on land plots. So, in paragraph 3 of Art. 5 of the Federal Law of the State Property Committee states that the procedure for land surveying and assignment of property rights is regulated by a separate regulatory legal act, namely Order of the Ministry of Economic Development of Russia dated November 24, 2015 No. 877 (hereinafter referred to as the Order).

KN is given if:

• the object is registered in the cadastre register;
• The Unified State Register includes data on the property that was previously registered in accordance with Art. 45 Federal Law of the State Property Committee.

So, according to Art. 21 of the Federal Law of the State Property Committee, a person submits an application for registration to the accounting authority or to the MFC at the location of the storage unit (within the district). This can be done in person, by mail or through a representative.

When applying in person, a person must confirm his identity - present a passport. The representative must show the original notarized power of attorney.

What needs to be done to get a cadastral number - procedure

To register a land plot, the applicant takes the following steps:

1. The first step is to collect the title papers.
2. Based on a certificate of ownership or use, a person applies to a geodetic company to obtain certificates on land surveying of the territory located at the location of the land plot where he submits an application for surveying. Find out what to do if, during land surveying, the area turns out to be larger.
3. After this, the person with the received documents for the loan, application and passport applies to the registration authority or MFC to assign the CN. You also need to remember to pay the state duty.

Surveying

Land surveying is carried out by an engineer who, at the request of an interested party, takes measurements, separates boundaries, and registers coordinates. Based on the results of the engineer’s work, documents for the land plot are prepared, which the owner must then submit for registration. According to Art. 37 Federal Law of the State Property Committee, the result of the engineer’s work is:

• land survey plan;
• technical plan;
• inspection report.

A person can independently choose a specialist; he can be an employee of a private organization or an individual entrepreneur.

List of documents for MFC

When registering a land plot, a citizen submits a package of documents consisting of:

• storage plan;
• act on coordination of boundaries with third parties;
• document establishing the rights of the applicant - certificate of ownership, receipt of inheritance, purchase and sale agreement, etc.;
• applicant's passport;
• an application that can be written according to a sample on a form or you can ask for the help of a specialist;
• receipts for payment of state duty - it is important to ensure that the payment is made according to the details of the circulation authority;
• powers of attorney if necessary.

The applicant must prepare copies and originals of documents. The originals are presented to confirm the authenticity of the copies and are immediately returned to the owner.

State duty

The state fee is paid before submitting the package of documents. The size of the payment depends on the type of public service provided.

Here are the fees for individuals and legal entities for obtaining a cadastral passport:

• extracts – 400 rub. (1200 rub.);
• plan – 800 rub. (2400 rub.).

Citizens can receive the above documents electronically at a lower cost - for 150 rubles, and organizations - for 300 rubles.

Deadlines for receiving CN

According to Art. 17 Federal Law of the Civil Code of Ukraine the registration authority is given 10 working days from the date of submission of documents by the applicant.

If the matter concerns the registration of an address, changes in the memory according to clause 14.1, part 2, article 7 of the Federal Law of the Civil Code, then the data is entered no later than 3 working days.

Calculate the cadastral number if it is unknown

To find out the KN through Rosreestr, you need to know the address of the area being inspected.

You can obtain a CN from an employee of the Rosreestr branch or order a Unified State Register certificate through the website. In addition to KN, it is possible to obtain the history of the owners, find out information about the rights of third parties, and about the true owners.

Typically this method is used if a person wishes to inspect the property before purchasing.

A technical error

If there is a technical plan and it has been registered, but the house is not on the cadastral map, then an employee’s typo is likely when entering information into the cadastral register. You will need to submit an application to Rosreestr to clarify the information. This can also be done through the MFC.

If you have a technical plan, but section 5 is missing from the USRN extract, most likely it was not registered with the rights registration authority (Rosreestr). You will need to go through the technical plan registration procedure. It is important to keep in mind that requirements change over time and an old document may not be accepted.

Established deadline for registering a land plot with cadastral registration

In 2020, the deadline for registering a land plot with cadastral registration has changed. If previously the period was 18 days for personal submission of documents and twice as long through the MFC, today the review time has been reduced to 10 and 12 days, respectively.

The processing time for applications for cadastral registration is presented in the table:

Reducing the deadlines is a big plus for land owners. The simultaneous registration of ownership and cadastral registration also has a positive effect. Previously, these procedures were strictly separate.

Sample passport of a citizen of the Russian Federation

When does the countdown begin after surveying?

Different methods of submitting documents provide different start periods for the procedure:

Thus, the period for registering a land plot in the cadastral register depends on the method of submitting documents, staff workload and other reasons, but it is regulated by law and has a clear framework.

The structure is marked elsewhere on the map

Most often, this situation is a consequence of a land manager’s mistake when drawing up a technical plan. Unfortunately, you will have to re-conclude a contract with a cadastral engineer to prepare a revised plan. The new document will need to be registered, and then the result will need to be checked on the cadastral map.

It is important to remember that changes to the map may take several days.

Should the developer register houses with the cadastral register?

Article 16 214-FZ, which regulates the relationship between the developer and the shareholder in the process of shared construction, includes a provision obliging the developer to register the house in the cadastral register in accordance with the norms of 218-FZ.

After a multi-storey residential building is put into operation, it must be registered. The relevant data is entered into the state. real estate cadastre, after which the new building is assigned a unique number, which is recorded in the Unified State Database. real estate register (USRN).

Cadastral registration of a house allows the developer to register the rights to the constructed real estate. Having become the full owner of the house, the developer will then be able to dispose of the property and sell apartments to new residents.

What is more important - a cadastral map or an extract from the Unified State Register?

It is important to know that the public cadastral map serves to clearly present registration data. The mere fact of the presence or absence of a house on the map is not evidence in court, but may serve as a reason for the court to request information from Rosreestr in the form of an extract.

You can get a reliable extract from the Rosreestr database for any house on the EGRN.Reestr website. You can order information from the service online at any time. The official statement will be sent to your email in the form of a document certified with digital signature. The cost of the service depends on the type of statement and ranges from 200 to 350 rubles. No documents are required; you will need to fill out the address and cadastral number of the property.

How to register a house?

If it turns out that the house is not registered, then the residents must first contact the municipality themselves, and if the matter is not resolved there, then write a statement to the prosecutor’s office.

In the first case, the procedure is as follows:

1. Submit an application to the municipality that issued the building permit for your home.
2. Wait for an answer and then act according to the circumstances.

There is no single form for such an appeal; the letter only needs to include the following information:

• The name of the construction company, its physical and legal address.
• Address of the house, date of commissioning.
• Please register the house in the cadastre.
• Date and signature, contact details.

Send 2 letters to the mayor's office, keep one copy with a signature and stamp stating that the appeal has been accepted. This is needed as confirmation that there was an appeal to the municipality.

The processing time for an application is one month, starting from the date of registration of the incoming application.

After 30 days, you should receive a letter in the mail stating that:

1. The house is registered with the Cadastral Chamber.
2. The house cannot be registered, and the reason is stated.

They can refuse legally. For example, if some documents are missing: there is no technical passport, no certificate of commissioning of the house.

If the refusal, in the opinion of the applicants, is illegal, then you must first seek advice from a lawyer, since only he can say whether the municipality is really behaving dishonestly, or whether this is just the indignation of the residents. And if the first is true, then you need to write a statement to the prosecutor’s office or go to court.

In your application to the prosecutor's office you must provide the following information:

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• When and by whom was the house put into operation?
• When there was an appeal to the mayor's office to register the house in the cadastre.
• When the refusal came, why the reason was illegal (with references to legislative acts that were violated).
• The requirement to understand the current situation.
• Date and signature of the applicants.

Please attach the following documents to your application:

• A copy of the appeal to the mayor's office.
• A copy of the refusal letter.

The appeal will be considered within a month, and the outcome will be notified in writing or by telephone.

Let's sum it up

The question of why my house is not on the cadastral map has several answers. The reasons are usually related to the lack of a technical plan or unreliable credentials. Inaccuracies in cadastral registration can be corrected by registering an up-to-date technical plan and eliminating technical errors.

To draw up or correct a technical plan, it is imperative to involve only qualified specialists.

In case of discrepancies between the data of Rosreestr and the public cadastral map, priority is given to the information specified in the extract from the Unified State Register of Real Estate.

Text: Natalya Petrakova