FEATURES OF PREPARATION OF DOCUMENTS FOR STATE CADASTRAL REGISTRATION OF REAL ESTATE OBJECTS

The procedure for registering and maintaining cadastral records

What is cadastral business? This is a file that consists of documents that indicate the facts of the formation of sites, the termination of their existence, changes in their basic characteristics, if such changes were registered in the prescribed manner. It is stored in state archives even after the land plot is liquidated.

Typically, the files of existing objects are stored in the cadastral authority itself, and information from it is displayed in a single register. After the liquidation of the object, the case is deregistered, the data ceases to be displayed in the register, and the case itself is transferred to the archives for eternal storage. The legislation does not allow the destruction of archives or the removal of specific cases from it under any circumstances.

An exception to this rule is areas with a temporarily registered status. If such plots are transferred to permanent registration, then their files continue to be stored in the cadastral authority. Otherwise, they are transferred to the archive and destroyed in accordance with the procedure established by law after three years.

A package of documents and cadastral information is formed as a result of the work of specialists - cadastral engineers and employees of the state cadastral service.

Case data may be used for the following purposes:

1. To carry out management in the field of nature conservation and use of natural resources.
2. To protect the interests of private individuals and public interests.
3. For scientific purposes when conducting research.
4. In order to establish trends in changes in the quality characteristics of land.
5. To create a unified federal or local plan for the implementation of cadastral work.
6. To identify the price categorization of individual areas.

In any case, the use of information from the case should not contradict the provisions of the law.

Cadastral registration of a capital construction project

State cadastral registration is one of the main accounting points, which is approved by the special service for state registration of cartography and cadastre.
Actions to conduct cadastral registration:

• collection of data about the property under study;
• description of its properties and main characteristics;
• entering the received information into the state register;
• monitoring ongoing changes and making appropriate amendments;
• exclusion of objects from the state register.

A private house, public building, or others that were built but have not undergone official registration and are not formed as real estate are not allowed for state registration. Simply put, after completing the required documents, real estate must be registered with the cadastral chamber. If the documents are not completed, then the houses are not ready for registration.

For example, complex objects are land plots with residential buildings under construction. In this case, the plot itself is a registered object, which is included in the state register, because it has all the signs of real estate: it has boundaries, its goals and purpose are described, but the newly constructed building does not yet. It has not yet been put into operation, so it is not recognized as a product.

It does not have attributes, value, completeness and many other necessary characteristics. It is not ready for registration. As soon as it goes into circulation, it becomes a commodity, its value is assigned, and it must be registered.

Constructions for technical purposes that are part of a common building and are located in a separate limited room are not real estate. These include: landings, entrance rooms, flights of stairs and flights, elevator cabins, etc.

According to the current state real estate law, the owner of the property submits an application to the authorized body. The application must be written in your own hand and in the prescribed form. If it is impossible to write this application in your own hand, it is written by a personal representative and notarized simultaneously with the power of attorney.

The application must additionally be accompanied by title documents certified by a notary or local municipal organizations. This includes the following papers:

• boundary plan of the site;
• documents agreed with the owners of plots located in the neighborhood;
• certificates from the technical inventory bureau - BTI;
• acts on the technical inventory carried out;
• documents that confirm the right to property.

According to the requirements of the state Law on the Real Estate Cadastre, the authorized organization is obliged to register the property within the next 20 days. Cadastral registration is the same for all real estate, regardless of their size, form of ownership or other factors.

If the property is without an owner, i.e. the owner has not been identified, is absent, or has completely renounced the right to ownership, the object must be registered with the state cadastral register on the basis of an application from the local authority on whose territory this plot or building is located.

By law, the owner of this real estate must be identified within one year. Otherwise, the municipal government has the right to appropriate it through the court, that is, turn it into its own property.

When registering a capital construction project, for example a multi-storey building, it is necessary to attach an additional permission to put it into operation to the package of documents. Each separate premises (apartment) must be registered individually. And then the entire building is registered, including the adjacent common property.

There are cases when employees of the Rosreestr service temporarily suspend the processing of a submitted application. This happens for the following reasons:

1. Identification of inconsistencies between the provided information about the object and the cadastral data entered earlier.
2. Lack of required documents in the submitted package.
3. Errors in the application for cadastral registration.
4. When developing the site being formed, difficulties are created in driving or accessing places of public use.
5. The newly formed site differs in area from the design documentation by more than 10%.
6. Its border crosses a territorial zone, a public entity of a municipality or another populated area.
7. The boundary of the plot violates the boundary of the neighboring land plot, data on which is available in the state register.
8. The object completely or partially coincides with the location of another room.

Specialists of the cadastral authority are obliged to study the listed shortcomings and identify the causes of the detected errors. These could be technical failures, as well as incorrect performance of their duties by the cadastral engineer or accounting authorities.

These studies also apply to other objects that are located near this site. For example, it may turn out that mistakes were made earlier when setting the boundaries of municipalities.

In the decision that a given property cannot be covered by cadastral registration, the reason and corresponding references to the current legislation are indicated. It also sets out recommendations on the possibility of eliminating it or the need to refine the documents.

Employees of the State Register refuse applicants for cadastral registration of real estate in the following cases:

1. The person who submits the application does not have the right to do so.
2. The declared object is not real estate.
3. The technical plan or boundary document was signed by an unauthorized person (not a cadastral engineer).
4. The legislation does not contain appropriate actions with the areas or premises specified in the application.
5. The registration suspension period has expired (on average 3 months), and the reasons have not been eliminated.
6. The layout of the site on the plan is invalid.
7. The response from another department contains information that the requested document is not available.
8. The site includes territories belonging to lands of various categories.
9. Identification of attempts to change the purpose of a land plot.
10. There is no isolation of the room from other rooms within the same building.

The applicant receives a refusal to suspend or conduct cadastral registration with a mandatory indication of the reason that led to this refusal. In this case, a reference to the current legislation is indicated.

The concept of cadastral registration is a set of procedures that are carried out by a government agency in order to establish, change or terminate the validity of information about real estate. The mandatory set of standards became valid from 01/01/2008.

In order to have full confirmation of the right to property and enter into various legal relations with the use of real estate, to carry out construction, it is necessary to register the property in the state register.

The problem of registration is the first in the process of approving the right to own property in government bodies. Afterwards the person can receive a certificate of state registration of rights.

Cadastral registration consists of three types of legal procedures:

1. Adding an object to the registry. All transactions with non-movable property without a document confirming the status of registration in the register are illegal and invalid. Registration will be the main evidence of the right to use a specific land plot or building.
2. Deregistration of real estate. Such an operation is carried out in the event of destruction of an object of legal relationship, in the demolition of a building, destruction of a building by natural disasters, etc.
3. Entering updated information. Every significant change in the description and characteristics of real estate must be reflected in the ownership documents.

This entails the need to update state accounting. Reasons for updating the base may include redevelopment of land surveying, construction plans, major repairs, or change of owner of the property.

Accounting task of various objects:

• giving the property individual characteristics to ensure that future transactions with the property comply with all legal norms;
• issuance of an individual cadastral number;
• function of confirmation by government agencies of the real existence of property;
• documentary support for the cessation of the existence of a building;
• fiscal issues of creating a taxpayer base, which is formed on the basis of the approved cadastral value of the object.

Based on the legal act “On State Registration of Real Estate”, the mandatory register of property that needs to be registered includes the following options:

• unfinished buildings, buildings, other structures, residential buildings;
• apartments and premises;
• parking spaces;
• land plots, territories;
• plots of land and territory that can be used under special conditions in accordance with regulations, complex objects consisting of several elements.

The owner cannot independently prepare a plan for the territory, premises or apartment. These duties are performed by cadastral engineers who have completed a special training course. Workers also carry out boundary surveying in consultation with the owners of neighboring land plots.

Features of the formation of cadastral affairs

A cadastral file is opened only if a cadastral number is assigned to a plot.

In order for a newly created plot to be assigned such a number, the following documents must be submitted to the cadastre authority at the location of the plot:

• statement;
• title document;
• site plan (drawn up by a private engineer at the owner’s request);
• land survey verification report (carried out by service employees in order to verify the authenticity of the provided plan);
• reference information from the unified register of rights to real estate;
• technical documents from the BTI (Bureau of Technical Inventory).

All specified papers, and in some cases their copies, will be included in the cadastral file.

In addition to the above, the cadastre also includes the following documents:

• calculation plans;
• log of site numbers on the ground;
• register of plots throughout the state.

In addition to them, there is a list of additional documents of secondary importance for cadastre purposes:
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Registration of a land plot for cadastral registration

• various accounting books;
• reference information from the tax authority;
• list of plots in public ownership.

A registry file is compiled throughout the state, which includes the following:

• division plan;
• plot numbers;
• graphic representation of divisions on the map.

For this reason, the unified register contains complete information about both currently existing plots and land plots that have ceased to exist. For example, if two plots were merged, then the final number will be one of the numbers of the merged plots, but the number of the ceased to exist plot is not deleted, but is retained forever.

The concept of land cadastral documents. Types and classification

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In the theory and practice of the land cadastre, the concept of “Document” occupies a special place. It is in the documents that the main content of the land cadastre is displayed.

Currently, the following definition of a land cadastral document is applied - it is a material medium in the form of one or several sheets with recorded information and having details that allow it to be unambiguously identified.

The purpose of the document is to store information about any fact that happened to the land plot. Entering information into the land cadastre documents is a fact of recognition by the state of the rights to the plot and the completion of transactions with it. It is from the moment information is entered into the documents of the Unified State Register of Lands that the right to own a land plot arises.

The classification of land cadastral documentation is very diverse, as it is associated with displaying the manifestation of various properties of the land. Let's consider the following classifications of land cadastral documents:

— according to the degree of complexity;

- by the way information is reflected

- by the nature of information reflection

- as intended.

According to the degree of complexity, land cadastral documents are divided into:

- simple - from which it is impossible to select another document that has independent details that allow it to be identified;

- complex - this is a set of simple documents united by a common identification feature.

According to the method of reflecting information, land cadastral documents are:

— textual – all information is presented in the form of text documents (explanatory notes, decrees);

— graphical — land cadastral information is presented graphically (maps, diagrams, diagrams);

- tabular - information is summarized in simple and complex tables (report on the availability and distribution of land).

According to their purpose, land cadastral documents are:

- basic - these are documents that serve as the basis for recognizing rights and making transactions. That is, documents that directly reflect information about the land plot;

- auxiliary documents are documents containing information on the basis of which the main documents are formed and are not the basis for the recognition of rights;

- derivatives - that is, documents arising from case to case as needed, compiled on the basis of basic documents.

Unified system of technical documentation of the state land cadastre

In connection with the formation of a new system for maintaining the state land cadastre in Russia, a Unified System of Technical Documentation of the State Land Cadastre was formed, that is, a set of documents ensuring the maintenance of the land cadastre.

ESTD GZK documents are classified according to:

- purpose - the purpose of the document is determined by the level of maintenance of the land cadastre, that is, the scope of action. Based on this criterion, 4 groups of documents are identified (Table 3):

Table 3 – Document groups

— according to content, documents are classified into the following groups:

Table 4 – Classification of documents by content

- according to the nature of application, documents are: mandatory (O), recommendatory (R).

To designate ESTD documents, decimal numbers are used, which are a document identifier and represent a set of letters and numbers (Table 5):

Table 5 - Structure of the decimal number

Document flow in the land cadastre authorities

The process of maintaining a land cadastre is a continuous chain of movement of land cadastral documents through the stages of the technological scheme of the land cadastre. Therefore, we need to look at this process in more detail.

Document flow is a strictly regulated and controlled movement of documents within the land cadastre authorities from the moment of their receipt or creation until completion of execution.

The purpose of document flow is to ensure accounting of incoming applications and control the timeliness and correctness of their implementation. Document flow is an auxiliary process and provides:

— mandatory compliance with established technological processes;

— implementation of uniform forms of documents;

— routing of cadastral works;

— personal responsibility for the performance of work;

— providing the necessary information.

From a document flow point of view, all documentation is divided into three document flows:

— incoming (application for cadastral registration);

— outgoing (Cadastral plan of the land plot);

— internal (route sheet).

The document flow process consists of the following procedures:

— acceptance of the application;

— registration of all documents (recording the fact of creation or receipt of documents by assigning serial numbers to them and recording this);

— formation of a case based on an application (that is, assigning documents to a specific case and systematizing documents within the case);

— registration of the movement of documents and control of execution (for this, a route sheet is drawn up inside, which marks the dates of receipt of documents and completion of work for each stage);

— formation of cadastral file;

— registration of the issuance of cadastral deeds.

LECTURE No. 7

“Features of maintaining the land cadastre of settlements”

General provisions and tasks of the land cadastre of settlements

Contents and structure of the land cadastre of settlements

Literature: 1-19

General provisions and tasks of the land cadastre of settlements

Fundamental changes in the system of land relations are associated with the introduction of various forms of ownership and payments that led to changes in the system of the state land cadastre. The problem of using land resources is especially acute in settlements where there is a high concentration of resources, a variety of forms of ownership, and landowners. The imperfection of the mechanism for implementing legislation and the lack of information about the state of the land fund have led to a clash of interests of various categories of land users. The current situation required the creation of a unified land management system, the information base of which will be the land cadastre of settlements.

The land cadastre of settlements is an integral and integral part of the state land cadastre and has a common information base and tasks in terms of land use.

The land cadastre of settlements represents a system of necessary information and documents about the natural, economic and legal regime of lands, their distribution according to forms of ownership and management, their value and cost. The land cadastre of settlements, as an integral part of the state land cadastre, is maintained on the basis of compatibility with other parts of the state land cadastre.

The land cadastre of settlements ensures the implementation of the following blocks:

— registration of rights of urban land users;

— maintaining records of land plots of settlements;

— assessment of urban lands;

— creation of an information base.

The main objectives of the land cadastre of settlements are:

— timely tracking, accounting, registration, assessment of the condition and changes in the characteristics of the land fund of settlements;

— registration and recording of materials on the seizure and provision of land plots;

— ensuring legal rights and resolving land disputes;

— accounting, storage and processing of land cadastral information;

— creation of an information base.

Contents and structure of the land cadastre of settlements

Information about the state of land is generated through classification according to the composition of information, criteria, and indicators. Using the level classification, the land cadastre of settlements can be presented as follows.

Technically, the content of the land cadastre of settlements represents a strictly established order of sequential actions for the collection, processing, accounting, systematization, storage, analysis, and provision of cadastral information.

The information content represents an ordered set of information that ensures the zoning of the territory, the creation of a unified system for identifying objects, a system of coordinates and heights that uniquely determine the spatial position of accounting units and objects, and the creation of a single unified system of documents.

Figure 3 shows the structure of land cadastral data on settlement lands. Figure 4 shows the structure of the land cadastre of settlements.

LECTURE No. 8

“Features of maintaining the land cadastre at various administrative levels”

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Application for cadastral registration

Registration of a cadastral file begins with the submission of an application by the owner of the land plot or the body authorized to manage state lands. The application form is simple, written, on a special form. Applications in any other form will not be accepted by the bodies authorized for registration in the cadastre.

If one form is not enough to present the full text part of the application, it is compiled on several sheets, each of which is numbered.

Applications on regular sheets are allowed only in exceptional cases. But even so, the logic and structure of the presentation must correspond to the form of the form, and all the necessary details of the document must be completed.

Upon receipt by the cadastral authority, the application receives certain details:

• registration mark;
• registration number;
• date of receipt of the application.

The “Author” column is required to be filled out in the application.

In this column you must indicate the following information:

• surname, name and patronymic of the applicant - an individual;
• abbreviated form of name and OKPO (All-Russian Classifier of Enterprises and Organizations) code for the applicant - a legal entity;
• TIN (taxpayer identification number), and in case of its absence - identity card details;
• signature.

When submitting a group application, for example, when registering common or shared property, one of the owners is indicated in this column.

Body registering cadastral records

Cadastral files for plots must be drawn up for the following purposes:

• determine the boundaries of the site;
• control land resources;
• when accounting, primary or secondary.

Two bodies are responsible for creating a cadastral file:

• land management committee;
• land management.

The main array of sites is documented by the Department's employees. All cases related to private land ownership for the purposes of individual housing construction, registration and deregistration of private land plots within settlements fall under the authority of the Office.

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What is land surveying and where to get it

The Land Management Committee carries out documentation of land plots, the intended use of which is determined by law. For example, plots for summer cottages, agricultural land, etc.

During the secondary registration of a land plot, the cadastral file of the land plot is not compiled anew. A separate inventory act is drawn up for it, and the site plan is checked, which will become the main part of the cadastral file.

The cadastral file number of the land plot must fully correspond to the cadastral number of the plot itself.

It is presented in the form of two components:

• district number according to the country's cadastral plan;
• plot number from the unified register.

The numbers are written in the specified sequence and separated by a fraction.

When preparing documents to register a land plot, it is necessary to hire private specialists accredited to carry out cadastral work. This condition also applies to government bodies when accounting for plots of public property. Particular attention must be paid to filling out documents. Documents in which corrections or additions are found will be considered invalid, and cadastral work will need to be carried out again.

At the request of the owner or as part of the planned registration of public land, land plots will be registered within one month from the date of submission of the application by the owner or from the date of the relevant decision of the authorized body.

Documents for registering objects

To register an object for cadastral registration, it is necessary to prepare certain documents with a cadastral engineer, as an individual entrepreneur, or with a land management organization. Depending on the object of cadastral registration, the following documents are distinguished:

1. layout of the site on the cadastral plan of the territory;
2. boundary plan of the land plot;
3. land surveying project;
4. technical plan of the capital construction project;
5. inspection report of a capital construction project;
6. map (plan) of the land management object;
7. description of object boundaries;
8. map-plan of the territory of the cadastral quarter(s).

Site layout diagram

The layout of the site on the cadastral plan of the territory is necessary in the following cases:

1. when a land plot is formed to be provided to a citizen without holding a tender;
2. to hold an auction for the sale or the right to lease a land plot that is in state or municipal ownership;
3. when a land plot is formed for subsequent withdrawal for municipal needs;
4. when a land plot is formed that is in municipal or state ownership through division for provision to individuals and legal entities on the right of lease or free use;
5. when a site is formed by redistributing land plots owned by citizens and in state or municipal ownership;
6. in some cases, a diagram is required to obtain a building permit, in particular for GPZU.

This document can be generated independently without the participation of a cadastral engineer.

Land survey plan

A land plot plan is formed in the following cases:

• formation of a land plot from municipal or state lands;
• formation of plots by combining land plots;
• formation of plots by dividing land plots;
• formation of plots by allocating a plot of land;
• formation of plots through redistribution of land plots;
• clarification of the boundaries of the land plot;
• correction of cadastral error.

Technical plan

The technical plan of a capital construction project is divided by type of object:

1. buildings (residential and non-residential);
2. structures (residential and non-residential, commercial, linear, etc.);
3. objects of unfinished construction (if it is necessary to register ownership);
4. premises (including apartments and rooms);
5. parking spaces.

Inspection report

An inspection report for a capital construction project is drawn up to remove a building, structure, premises and unfinished construction site from cadastral registration due to the following circumstances:

• destruction of a capital construction project as a result of a natural disaster, man-made disaster, collapse, etc.
• division of real estate into independent objects;
• merging several buildings into one;
• liquidation of a structure as a result of demolition or fire.

Land surveying project

A land surveying project is formed in 2 cases:

1. formation of land plot(s) to account for the allocation of land(s) share(s) from agricultural land;
2. to the territory in respect of which it is envisaged to carry out activities for its integrated and sustainable development, located within the boundaries of:

• one or more adjacent elements of the planning structure;
• determined by the rules of land use and development of the territorial zone;
• established by the territorial planning scheme of the municipal district, the master plan of the settlement, urban district of the functional zone and (or) territory.

Map (plan) of the object

A map (plan) of a land management object is formed to describe the passage of the boundaries of objects, such as:

1. borders between the constituent entities of the Russian Federation and their parts;
2. boundaries of the municipality and their parts.

In addition to the land management objects listed above, only an electronic xml document map (plan) is generated along with a description of the boundaries of the object:

• boundaries of settlements and their parts;
• boundaries of territorial zones and their parts;
• zones with special conditions of use of the territory (ZOUiT).

This xml document is used to describe the boundaries of settlements, territorial zones and ZOUITs before introducing an xml scheme for describing boundaries.

Description of object boundaries

A simplified version of a map (plan) of a territory to create a description of the boundaries of the following objects:

1. boundaries of settlements and their parts;
2. boundaries of territorial zones and their parts;
3. zones with special conditions for the use of the territory.

Map-plan of the territory

A map-plan of the territory is usually formed for the territory of a cadastral quarter or for several of them. It is the final document for carrying out complex cadastral works. The customer of such complex cadastral works can be:

• local government body of a municipal district or city district, and in the cities of Moscow, St. Petersburg or Sevastopol, such a customer is an executive authority;
• non-profit associations of citizens of gardening and vegetable farming (planned).

Cadastral information

Documents in the cadastral file must be reflected in the public register data and provide the following information about the land allotment:

• number of the plot according to the cadastre;
• actual location (address data);
• size(area);
• information about the permitted type of land use and the category assigned by law;
• text and graphic description of allotment delimitation;
• rights of persons to land allotment;
• qualitative characteristics of the economic profitability of the site;
• information about buildings and structures located within the boundaries of the allotment.

In addition, the date of formation of the land allotment is indicated, which is the date of inclusion of the relevant information in the unified register.

This information must be confirmed by original documents in which they are indicated. But some documents, for example, title documents, can be presented in the cadastral file only as notarized copies.