Landmarking of the local area of an apartment building

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.

Land surveying costs

The cost of land surveying is determined by the characteristics of a particular object. As a rule, the cost depends on the territorial location of the object, its area, ownership conditions and other factors

On average, the cost of the service varies from 20 to 30 thousand rubles.

The final price is determined from a number of factors:

initial data - what documents are available and what needs to be collected;
preparation of missing documents – their collection, execution;
other services – interaction with authorities, legal support.

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.

Cost of land surveying

Despite the fact that land surveying is carried out according to one plan, the price of the service may vary, depending on various factors:

urgency of the procedure;
land area;
complexity of the terrain;
method of land plot formation;
distance from a populated area.

The result of this procedure is a boundary plan. By entering the property into the unified cadastral register and receiving a new cadastral passport, the owner will be able to fully dispose of the land at his own discretion. It is also reliable protection from neighbors’ encroachments on your land and the opportunity to legally begin construction on a site with precise boundaries.

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.

Why is land surveying done for an apartment building?

Land surveying is understood as a set of procedures aimed at establishing and fixing the boundaries of certain land plots.

Only after this the site is actually separated from the rest of the territory. Represents a separate object. The result of the work carried out is recorded in a special document - a land surveying project.

This project is the basis for carrying out cadastral registration in relation to the formed site. And this, in turn, is necessary to register the rights of co-owners of apartment buildings to it.

Only after the registration procedure do residents of apartment buildings receive legal authority to dispose of the land under and near the house. And if controversial situations arise regarding the development of this land, the placement of any objects on it, their opinion will have to be taken into account.

If the residents of the house do not want another parking lot or store to appear near it, then they will have the right to object to this.
On the other hand, when registering their rights, they get the opportunity to improve the site according to their own desires. They can decide on the installation of children's playgrounds and the rental of part of the plots.

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.

Is there a difference in procedure when managing a house for a management company or an HOA?

The demarcation of the local area of an apartment building is the right of the residents. Only with their activity can the establishment of boundaries be achieved.

Where to go

You can start the procedure in two ways:

The initiators are the residents of the apartment building. In this situation, you need to find a like-minded person and propose land surveying at a general meeting of owners. Then a protocol of consent of the majority of residents is drawn up.
The initiators are officials who included the territory in the state program. Due to the relevant resolution, all operations are carried out by the government free of charge.

The further algorithm of actions is carried out in accordance with who became the initiator. As a rule, owners want to legalize boundaries.

Algorithm:

drawing up the protocol properly, which specifies the person responsible for performing the work;
an application for land surveying is sent to the local municipality with the necessary package of documentation;
an authorized employee analyzes the submitted documents and provides an answer on this issue;
The zone is determined in accordance with the number of storeys of the building, the number of apartments and square footage and legislation.

The process of establishing boundaries is complex, so clarification can only be entrusted to a licensed company. Correct establishment of boundaries and with a guarantee can be carried out, for example, by BTI.

After receiving a resolution from the local municipality for land surveying, the owners have the right to contact a geodetic organization. This is not a free service unless initiated by the city municipality. Procedure:

provision of title documentation and information;
the private land surveying project and technical specifications are being clarified;
the square footage of the earth is measured;
are marked with a border line on the map, and agreement takes place with other interested citizens;
new documentation for the local area with a drawing is prepared;
the authorized citizen acquires the deed and takes it to Rosreestr for further registration of property.

In 2020, residents can challenge established boundaries if they have not been agreed upon. They have the right to conduct an independent assessment and additional surveying on their side of the street. The risk of disagreement from other stakeholders is high, so the local municipality must be involved. Otherwise, this may threaten the applicants with legal proceedings.

List of documents

To order land surveying in front of a building, you must provide the authorized organization with:

passport details of the customer;
technical passport of a high-rise building;
cadastral documentation for the site.

An application is submitted from a representative of the high-rise building, a sample has been established, which states:

information about the applicant;
the name of the authorized body to which the application is made;
details of the documentation granting the right of representation;
the requirement to establish boundaries with clarification of the address;
cadastral number of the land plot;
consent to perform the operation.

We invite you to familiarize yourself with what is included in the maintenance of common property

The date and signature of the applicant are placed at the bottom. All documents are provided both in original form and in copies.

Timing and cost

The new legislation does not stipulate specific deadlines for carrying out actions. On average, a comfortable period for performing environmental surveying is 2-4 months. The upper limit is set when it is difficult to coordinate with stakeholders.

The protracted nature is due to the preparation of documentation by the local municipality. The action is also complicated by the applied red line and its transfer. For this purpose, public hearings are held. The registration price depends on several factors:

number of storeys of the building;
territorial location;
land configuration;
land area.

For a government agency, the cost is slightly lower than for a private company. The price range varies between 10,000-30,000 rubles. In the regions, the range is reduced by almost half: 7,000-18,000 rubles.

In accordance with current legislation, payment for land surveying is the responsibility of the local municipality. Many owners do not wait for their turn to come and pay for the operation with their own funds. The owners of apartment buildings do not refund the amount spent - this is stated in the current legal acts.

The advantage of payment from the owners is the speed of registration. The downside is additional costs.

Do differences in house management affect the procedure for land surveying of an apartment building?

When deciding on the need to form a site for an apartment building, many are interested in whether there are differences in the procedure depending on the form of its management.

As you know, management can be carried out by the owners themselves, the HOA or the management company.

However, the legislator does not make any differences in the procedure depending on this. The decision is made by the residents (owners) of the house; such issues are not included in the powers of the HOA or management company.

Moreover, they do not take part in this procedure in any way. Therefore, their opinion does not matter.

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 1346

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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.

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.