History of origin
Historically, the roots of the cadastre and cadastral work associated with indicating the boundaries of land plots and their areas, carried out for the purpose of land registration, go back to the times of Ancient Egypt (3000 BC). The term “cadastre” itself began to take root since the time of the Roman ruler Augustus (27 BC), during which the unit for recording the collection of tribute for land - caputigum - was approved and a population census was introduced - caputigum registrum. Over time, these words merged into one - capitastrum - and subsequently into the word catastrum. In the Middle Ages, the content of cadastral surveys and the basic principles of cadastre maintenance remained virtually unchanged - land surveying remained purely linear and was carried out using a rope and a staff; geometric knowledge and calculations were poorly used. Beginning in 1718, following the model of the Roman cadastre, Giovanni Giacomo Marioni developed the first cadastre based on adherence to scientific methods with the determination of plot boundaries by triangulation and polygonometric networks. This cadastre contained as documents situational maps of all rural communities, made using scales on a scale of 1:2000. The maps showed areas (parcels) of individual communal holdings, types of soil, and net profit, which was the basis for taxation. Due to its quality and accuracy, this cadastre, called the Milan cadastre, was put into effect on January 1, 1760 and served as a model for development in the 19th century. cadastres of France, Belgium, Austria, Holland and Switzerland.
How cadastral registration of real estate is carried out - general rules
The main difficulty in registering property for cadastral registration is preparing the necessary package of papers. It includes the following documents:
- A certificate confirming a person’s right to use land.
- An agreement or other document providing the basis for the ownership of a land plot (for example, a lease agreement).
- Allotment plans (geodetic and boundary). These papers must be prepared by companies that have permission for a certain type of activity (license). For convenience, the specialist prepares plans in two versions at once - in paper version and digital form.
- Municipal permit. You cannot do without such paper if the memory is in the possession of state authorities.
- Notarised power of attorney. It is necessary if only one owner of the land plot (if there are several) or a representative of one owner is involved in the issue of registration.
- Receipt (must confirm the fact of payment of the state duty).
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As soon as the mentioned papers are prepared, we contact the authorized body (the one that carries out cadastral registration). There are several options available here:
- Direct contact to Rosreestr.
- Transfer of the application and papers through an intermediary body (MFC).
- Registration online.
The algorithm of actions is the same in all cases - entering data into the application, handing over the passport and papers to a specialist for review. Upon receipt of the list of papers, the employee of the authorized body receives a receipt (confirms the fact of receipt), which states the day of issue of the completed papers, as well as a contact telephone number.
As for the persons who have the right to register property, this category includes the owner of the land plot, the lessee (provided that the agreement is drawn up for a period of five years or more), as well as a person who has the right to use the plot indefinitely. In addition, registration in the cadastre is also available to other persons who are interested in carrying out such activities (for example, state-owned companies, authorities and other structures).
Cadastre in Russia
The first information about the cadastre in Russia dates back to the 10th century and is associated with the collection of land taxes and land valuation. The cadastre system in the Russian state was called Soshnoye letter
[1], the unit of which was the plow. The cartographic material of the land cadastre of Russia was contained in descriptions of lands collected in scribal, survey, patrol and boundary books, and was compiled based on the results of field and survey work. Land surveying work consisted of measuring with a “measuring rope” the lengths of the boundary lines that divided the land into lands that differed in “quality factor” (“good”, “average” and “bad”). In the mid-18th century, land surveying work was expanded to protect the rights of landowners. In 1765, the Commission on State Land Surveying was approved. The main work on land surveying of the Russian Empire was completed at the beginning of the 19th century. At the turn of the 17th century in Russia, accounting documents and inventories were drawn up not only of agricultural land and forest resources, but also of city yards. The documents of the inventory and list of households contained information about the territory of the yard with a list of buildings and the amount of tax in rubles, as well as the name of the owner. In many cities, real estate was assessed and inventoried with the drawing up of diagrams and plans of land plots. In the first years after the revolution (coup) of 1917, according to the Regulations on Land Regulations in Cities, all lands and water spaces without exception within the city limits, regardless of the user, were subject to land registration. During registration, an inventory of the land plot was carried out, showing the characteristics of the structure and structure, and an explication of the plot by type of land was compiled.
What does cadastral registration give?
Information about the right to own property, existing restrictions, factors for the emergence and termination of the mentioned rights is contained in the Unified State Register of Real Estate. Registration in the cadastre secures the status of the property, confirms the fact of its existence, and also determines the basic characteristics of the thing. As for the reverse process (removal from cadastral registration), it involves deleting information about the property from the database. From this moment on, there is no real estate for the state.
Let's consider what cadastral registration gives:
- Possibility of starting construction work. After entering a land plot into the register, its owner has the right to dispose of the plot at his own request and within the limits of its functional purpose. In particular, after completing the mentioned procedures, you can obtain a construction permit and begin construction of the facility. At the same time, you can be sure that there will be no difficulties and no problems with obtaining permits.
- Reconstruction. The process of restoring an object involves performing a set of works aimed at improving the parameters of the building for more convenient (comfortable) use of the property. Before implementing such measures, registration in the cadastre is required.
- Liquidation. In practice, there are situations when real estate ceases to exist for one reason or another. This could be a fire, flood, landslides, military action or other reasons. In such situations, the law requires the removal of property from cadastral registration. To solve this problem, a cadastral engineer is involved, who inspects the site and makes a decision on the actual liquidation of the object (whether this fact takes place or not).
- Replanning (rearrangement). The essence of such work is somewhat similar to the reconstruction of an object. The difference is that the events are held inside rather than outside the facility. As a result of the work carried out, the owner seeks to improve the parameters of the structure, make changes to its characteristics, change engineering structures, and so on. To describe the adjustments, you will need a technical passport and technical plan. In this case, it is necessary that the object itself be registered in the cadastral register.
- Connecting communications. To supply water, gas, sewerage and other communications to the building, it is important that the state has complete information about the property. So, to check the possibility of connection, you need to submit a paper describing the structure in detail.
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The authorized bodies are interested in the location of the house, the total area, the number of floors, the material from which the walls of the building are made, and so on. As in the previous case, these parameters are recorded in the technical passport and some of them in technical terms. It is logical to assume that the information mentioned will not be available without the property being reflected in the register. In this case, filling out an application for connection is the prerogative of the owner.
- Conclusion of an insurance contract. It is no secret that buildings and land are considered the most valuable assets, for the protection of which special insurance programs are provided. To receive compensation (if a case specified in the contract occurs), there must be a detailed description of the object and its official registration. It is important for the insurer to be sure that the property is registered correctly, after which he checks the characteristics of the object. For example, in the case of a land plot, attention is paid to the type of permitted use, category of land plot, coordinates, and so on.
- Providing property as collateral. Banking institutions carefully study the real estate that is transferred as collateral. Collateral, in essence, is the property of the borrower, which serves as a guarantee that the client will fulfill his obligations.
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As a rule, real estate, securities, cars and other property are accepted as collateral. Regardless of the object, the latter must be evaluated and described. To do this, you will need a technical passport, which contains basic information about the object, the presence of communications and other aspects.
When transferring property in the form of collateral, the owner is obliged to confirm the fact of ownership of the property, and for this one cannot do without cadastral registration, during which a specialist prepares a boundary plan or technical passport (depending on the object).
- Real estate transactions. When considering the question of what cadastral registration gives, it is important to remember the opportunities that open up after registration. The owner will be able to sell the property, transfer it as an inheritance, draw up deeds of gift to third parties and solve other problems.
- Protection of interests in court. Most of the legal proceedings that are related to property involve a detailed study of cadastral documents and technical certificates of the structure. The presence of such papers allows you to accurately determine the location of an object, clarify its quadrature and obtain information on other parameters. If it is necessary to participate in such meetings, it is important to take care of attracting cadastral engineers to survey land plots or draw up a technical passport for the object, as well as register the property with the cadastre.
Links
- Main types of state cadastres and registers on the Territory GIS website.
- Cadastral map (Reference and information service for providing users with information from the State Real Estate Cadastre on the territory of the Russian Federation).
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What is a cadastre and why is it needed?
If a person is the owner of land or a structure on it, leases it for a period exceeding five years, has the right to lifelong ownership through inheritance or perpetual use of the site/structure, he can submit documents and receive a passport. Representatives of the above categories of citizens can also receive this document from their legal representatives who have a notarized power of attorney.
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If a division or allotment of an object is made, all parts must be registered at the same time, because at the same time the process of cessation of the existence of the divisible property also occurs. If the registered land (structure) is not registered, then temporary registration is issued for a period of two years. During this period, rights to the object must be registered. If the rights are not formalized within the specified period, the plot is canceled.
Why do you need a cadastral plan of the territory?
- Your information as the recipient of the request.
- The desired type of delivery certificate is electronic or paper.
- Delivery address. Electronic version - indicate a valid E-mail; for a paper document - postal address.
- Your contact phone number.
- Pay the cost of the service.
An electronic certificate can be received by email, the cost of the form will be an order of magnitude lower than the paper version, and the form will be delivered with a stamp on the 5th day after the request is made. The paper form is delivered by courier only in Moscow and the region - 5-6 days after receipt of the application. To other regions of Russia through the Russian Post service, the delivery time of the document depends on the working conditions of the postal department.
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