Land plot: temporary or registered?

Legal regulation

Legislative regulation of issues related to determining and changing the legal status of a land plot is carried out by several regulations. Their list includes:

• Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”;
• Law of July 24, 2007 No. 221-FZ “On cadastral activities”;
• Land Code of the Russian Federation;
• Civil Code of the Russian Federation.

It should be emphasized that the concept of “temporary site” is not defined in any law. It is used only in everyday life. However, in paragraph 7 of Art. 72 of Law No. 218-FZ uses the expression “temporary nature of information from the state real estate cadastre.”

What does "temporary" status mean?

In the process of registering land in the cadastral register, it must be assigned a certain status that determines what rights the owner has in relation to it. If there is a temporary status, it is understood that the ownership or lease of the land has not been formalized by anyone. It turns out that the property, from a legal point of view, does not belong to anyone.

Typically, this condition results from the transfer of ownership or ownership to another person. Thus, the land plot will be in temporary status in the case when its previous owner sold the plot, and the new owner has not yet completed the registration of rights to it. Often, temporary status is given to a site for which land surveying has not been carried out, as a result of which the boundaries of land ownership remain unspecified.

Until recently, the concept of “temporary information” did not exist in the legislation of the Russian Federation. Buyers of land plots were forced to undergo a registration procedure for a long period of time, until completion of which they were deprived of the opportunity to use the land for its intended purpose. Due to the revision of regulations, this problem has disappeared. Now a citizen who has acquired land ownership can immediately begin using it. However, he is obliged to document the right to the allotment within a reasonable time. In case of his inaction, the land can be taken away and transferred to the municipality.

Object status cancelled, what does this mean?

When a property is registered, information about it in the state real estate cadastre is entered as “temporary”.
This information remains until the ownership of the property is registered. According to current legislation, a period of five years is allotted for this.

During this time, the owner of the plot must go through all the required procedures and register his rights in the Unified State Register of Rights.

If registration of rights does not occur within a five-year period from the date of registration, then after its expiration the plot is deregistered and receives the “cancelled” status. A site with this status will have to be registered again or the problem will have to be resolved in court. In this case, no additional circumstances are taken into account - the status changes unconditionally.

Hello.

In accordance with the Federal Law “On the State Real Estate Cadastre”, information entered into the state real estate cadastre when registering a formed real estate object or formed real estate objects is temporary, except in cases where the ownership of these real estate objects is considered to have arisen by virtue of federal law outside depending on the moment of state registration of this right in the Unified State Register of Rights to Real Estate and Transactions with It.

are canceled and excluded from the state real estate cadastre.

On the temporary status of a land plot. I want to buy a plot of land from a closed joint stock company, which belongs to it on the basis of a purchase and sale agreement, they sent me a cadastral passport for review, it is indicated on page.

16: Nature of information from the state real estate cadastre (status of information about a land plot): Information about a land plot is temporary. The temporary expiration date is 03/07/2019.

It’s difficult for me to understand this, what risks arise if I buy such a plot.

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Today I came across the problem of the Temporary status of a land plot. I sat down, figured it out, and read the law. There is a lot of rubbish on this topic on the Internet.

Abstruse lawyers, in their language of the law (I love lawyers, and have nothing against their useful work and necessary skills, but nevertheless this is a fact) try to explain this to ordinary people by reading or quoting articles, but there, if you have not encountered and are not used to Their vocabulary can’t understand anything, I constantly encounter this, and I sat at the articles of the law for about forty minutes until I understood what this or that article means. After all, I am also developing together with you, my dears, and this is what I have dug up on this topic.

Temporary status means that it is temporarily transferred by the state to a new owner and can be alienated back at any time. If you have a temporary land status, look in the cadastral passport until what this status is valid for.

Today is April 7, 2020. He manages to build a house and register it.

But if you have a year left before the end of the term, and the horse has not yet tried to lie down, know that you will not have time to complete all the registration actions and there you must remember that if you do not have time, and the term is ending, immediately proceed to a judicial extension before the end the period of temporary status, otherwise later judicial practice will not be in your favor.

The new law determined that the temporary nature of information from the state real estate cadastre on land plots registered before January 1, 2020 remains until the moment of state registration of the right to such real estate or until the moment of state registration of the lease for a land plot in state or municipal ownership , but no later than March 1, 2022.

From January 1, 2020, cadastral registration and registration of rights to real estate are carried out according to new rules. The previously existing information resources - the State Real Estate Cadastre (GKN) and the Unified State Register of Rights to Real Estate and Transactions with It (USRP) - merged into a new information resource - the Unified State Real Estate Register (USRN).

Land plots formed and registered with the state cadastral register after March 1, 2008 are of a temporary nature. And they become permanently registered only after state registration.

Accordingly, if the temporary status of cadastral information (2 years) has expired, and the right to a land plot or a lease agreement for it has not been registered, such information is canceled by the cadastral registration authority.

At the same time, information about plots entered into the state real estate cadastre (GKN) on the basis of lease agreements concluded for a period of less than a year or for an indefinite period is no exception, despite the fact that they, as a rule, do not require state registration. Nevertheless, the presence of these lease agreements does not prevent the cancellation of cadastral information and their exclusion from the State Property Committee.

A land plot can also become “cancelled” at the request of the owner of the property (part of it), the State Property Committee information about which has a temporary status. Thus, “cancelled” land plots are those plots, information about which is excluded from the State Property Committee. Information about the temporary nature of the information is contained in the cadastral passport of the site (column 6).

The next day after the exclusion of the canceled plot from the State Property Committee, the cadastral registration authority (in the territory of Chuvashia - the federal budgetary institution "Cadastral Chamber" for the Chuvash Republic) returns to the applicant the documents submitted earlier for cadastral registration of the land plot, with a copy of the decision to cancel information about it attached. .

According to the law, after cancellation and exclusion of information about a land plot from the State Property Code, the interested person must again go through the procedure of registering it with the cadastral register and being assigned a new cadastral number. This is an inevitable waste of time and additional material costs. When registering again, it is necessary to update the title page of the boundary plan.

And here difficulties may arise if this plan was drawn up before 01/01/2011. From this time onwards, only cadastral engineers who have the appropriate qualification certificate have the right to carry out boundary work. And not every one of them will agree to simply change the title page. It may be necessary to prepare a new boundary plan under an agreement with a cadastral engineer.

To avoid repeated cadastral registration and unexpected expenses, it is better to conclude land lease agreements for a period of more than one year. We remind you: today it is possible to simultaneously submit a package of documents for registering land for cadastral registration and for state registration both to the Office of Rosreestr for Chuvashia and to the territorial cadastral chamber.

30.09.

2011 The Ministry of Economic Development of the Russian Federation determined the type of cadastral certificate about the cadastral value of a land plot. It includes information about the cadastral number, address (description of location) and cadastral value of the site. If the site is listed as “temporary” or has already been deregistered, this information will also be reflected in the certificate.

Good afternoon, we took a plot of land (not owned) in 2009, but nothing was built on it, it was in the registration stage, they began to draw up paperwork, the last registration was in 2010, then this year a letter arrived with documents from the cadastral chamber, which according to Law 221-FZ of July 24, 2007 Art. 24 p.

If the period for which the lease agreement was signed is less than one calendar year, or vice versa - it is concluded for an indefinite period, such an agreement does not need to be registered in accordance with the current legislative framework.

There may be exceptions that may be determined by federal law. Such agreements are not grounds for making changes to the state real estate register.

That is, when concluding such agreements, the temporary status of the land plot cannot be changed to registered.

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They make it possible to carry out cadastral work or various land transactions.

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The reason that information about the site is temporary may be that the surveying procedure was not carried out.

Many land owners are in no hurry to carry out this procedure, especially if they plan to sell the site. And all because conducting land surveying is not a cheap pleasure.

Such information, until it is temporarily lost in accordance with the procedure established by this Federal Law, is not cadastral information and is used only for purposes related to the implementation of the appropriate state registration of rights to real estate and transactions with it, as well as the performance of cadastral work. (edited)

1. All real estate for which data is submitted to the State Property Committee has the status of “temporary” until it is registered by the owners in the Unified State Register. Important! If the right of ownership, property, other encumbrance or right to newly formed real estate is not formalized and registered within five years, then the cadastral department automatically establishes the status of the land plot as “deregistered” and excludes it from the State Property Committee.
2. Before the expiration of the five-year period, the owner who has submitted documents for cadastral registration of the land plot has the opportunity to apply for exclusion from the State Property Committee.
3. In accordance with Art. 24 of this law, a property registered in the state cadastre is deregistered if it is transformed and ceases to exist. This occurs within three days after the registration of property rights to the newly formed land plots and the receipt of information from the registration chamber to the cadastral office.
4. A land plot can receive the status “deregistered” by a court decision.

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How to check land tenure status

To clarify information about the status of an object, you should find the relevant information in the extract from the Unified State Register of Real Estate. To receive it, an interested citizen, at his choice, can:

• personally visit the Rosreestr office and submit an application for the execution of this document;
• contact the nearest MFC;
• order an electronic copy of the extract on the Rosreestr website.

Please note that you can verify the “temporary” status of a site on the Rosreestr portal absolutely free of charge. In other cases (ordering a paper document or electronic extract), you will have to pay a state fee.

At the owner's initiative

There are situations when a decision regarding deregistration in the cadastre is made not only by the bodies of this service. The owner of the property also has the right to delete information about a land plot. Also, this right is possessed by a person who has a notarized power of attorney on behalf of the owner of the land plot.

As for the owners who want to divide the property, the removal of a plot of land from the cadastre will require the consent of all land owners. In this case, the document must be drawn up in writing.

The procedure for excluding data on a land plot from the cadastre is carried out within 18 calendar days. If this period is extended without compelling reasons, it is considered illegal.

Package of documents required for deregistration of a property:

• Applicant's passport details.
• The original document, including its copy, which confirms the right to ownership of the property.
• Cadastral plan.
• A copy of the land survey report.
• Statement.

All documents, with the exception of the deed, must be available to the owner of the site. The act will need to be received.

This form will certify information that will be the basis for canceling data about it from the state cadastre. It is compiled by a qualified engineer.

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The document is signed by a BTI employee, who must have a certificate, otherwise his signature will be invalid. The document must be signed in the presence of an authorized body. If all actions are carried out on the basis of a power of attorney, then it must also be attached to the package of documents.

As a rule, the applicant does not have to fill out anything. Basically, all information is entered by an employee of the organization into a special form, which the applicant must carefully check and sign.

Changing the status of a land plot

According to paragraph 7 of Art. 72 of Law No. 218-FZ, land ownership has a temporary status until the day of state registration of ownership or lease use. If the owner delays in carrying out this procedure, the “temporary status” of the site will remain until March 1, 2022. If the land owner does nothing before this day, information about the object will be excluded from Rosreestr, and the rights to the object will be transferred to the municipality in whose territory it is located. placed.

The information presented above in this section applies to land plots that were recognized as temporary until 2020 (it was from this year that Law No. 218-FZ came into force). Starting from January 1, 2017, registration of rights to a land plot and its registration must be carried out simultaneously. After this date, temporary status cannot be assigned to land ownership.

A plot of land will cease to be considered “temporary” if its owner commits one of two possible legally significant actions:

• complete the paperwork confirming the ownership of land;
• will enter into a lease agreement for the land.

Information about the property has an up-to-date status, what does this mean?

In accordance with the Law, the Unified State Register of Real Estate (USRN) is a set of reliable, systematized information about real estate registered in accordance with this Federal Law, about registered rights to such real estate, the grounds for their occurrence, rights holders, as well as other established information. USRN contains information from information resources,

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Since 2012, the Office of Rosreestr in the Omsk Region (hereinafter referred to as the Office) and the branch of the Federal State Budgetary Institution FKP Rosreestr in the Omsk Region (hereinafter referred to as the Cadastral Chamber) have been carrying out activities aimed at comparing information about real estate objects and rights to them in order to form a single information resource.

Features of deregistration of a “temporary” site

If it is not necessary to register rights to a land plot that has a temporary status, it may be necessary to remove it from the cadastral register. This need often arises because the site creates obstacles to the allocation of other plots of land. This can be done by request:

• the owner of the original land tenure, which after its change received the status of “temporary”;
• a representative of a state or local government body who has the necessary powers to make such an order (in the event that state ownership of land is not demarcated).

If the user of the plot does not register it in his name before March 1, 2022, the land is automatically deregistered and the rights to it are lost. There is no need to pay a state fee when deregistering a site.

After the land has been removed from the cadastral register, it is possible to restore information about it in the Unified State Register only through the court. Also, re-registration involves obtaining a boundary plan from a cadastral engineer and submitting an application to Rosreestr to register the plot of land (a different cadastral number will be assigned).

Types of land status

Each service has an analogue of the service “Characteristics of information on state cadastral registration (current status of land plot). The law defines 4 categories of status:

1. Temporary.
2. Previously taken into account.
3. Accounted for.
4. Archived or marked as “deleted”.

All land plots that have passed state registration in Rosreestr are required to have one of the specified statuses.

The “temporary” nature of the land has a special status. It was introduced quite recently - in 2007. The appearance of this status was determined by the following characteristics:

• The owner registered the property, but did not register it according to the cadastre rules.
• Temporary status is assigned for a period of 5 calendar years, during which the owner must undergo state registration of real estate.
• If within 5 years the owner has not registered, the status changes to “cancelled”.

The appearance of the “cancelled” status obliges the owner to go through the land surveying procedure again under general conditions.

Next, there are 2 mandatory principles for changing the status from Temporary to Canceled:

1. The owner received the land, he has the right, but he did not go through any of the registration procedures in the State Cadastre. A period of 5 years is given to submit documents to the cadastral authority. The land plot has temporary status for the entire five-year period.
2. For 5 years, the owner did not want to change the temporary status and, at his personal request, the land plot is subject to deregistration, and then information appears that this is a canceled or archived plot, without ownership rights.