Step-by-step instructions for correctly registering a land plot with cadastral registration

Preparing to submit documents

The filing of papers can be carried out by a person intending to purchase a plot of land for the construction of a house or cottage on public land. In this case, it will be necessary to submit an application to the local administration about the intention to buy the land, then make a transaction, obtain documents on ownership and then deal with the registration of a cadastral passport and other papers.

Only the owner of the plot or his authorized representative has the right to submit documents to the local registration authority. If there are several owners of a given plot, one of them can act on behalf of all of them, having documents in hand confirming this status.

Please note: only the owner of the plot who purchased it from the community without buildings on it should register with the cadastral register and receive a passport. When selling land with a building, all documents must be provided by the former owner. If he doesn’t have these in his hands, before making a transaction you need to request them from Rosreestr - such data can be given to you on a general basis.

The final stage of registration in the State Cadastre

The issuance of a cadastral passport as the main document indicating the registration of real estate with the State Cadastre cannot be considered the end of the entire procedure. The logical conclusion of the landowner's ordeal will be the re-issuance of the certificate of ownership. To obtain it, a citizen will need to contact the same local department of Rosreestr or the city multifunctional center. There is no need to get confused: both procedures (registration with the State Tax Committee and registration of a new certificate) are carried out sequentially, and not simultaneously.

In some cases, applying to Rosreestr for a new certificate is not required. However, if there is a separation of two plots, the owner will probably need to change the data in the register. If the re-registration is carried out through a proxy, it is imperative to take care of first obtaining a notarized power of attorney for the right to represent the interests of the legal owner.

Of particular importance during re-registration is the presence of co-owners in the form of a minor. In this case, all legal actions will have to be carried out with the permission of the guardianship authority. This applies both to the registration of a new owner’s certificate and to registration with the State Property Committee.

Documents for cadastral registration

Collecting the papers necessary to register the site is the first stage of preparation in this matter. There is a single mandatory package of documents for cadastral registration. It includes:

• boundary plan of the site;
• document on the applicant's ownership;
• a document defining the site’s belonging to a certain type of land;
• permission to register the property from the co-owners;
• receipts for payment of state duty;
• statement.

The list of required papers can be adjusted privately if there are controversial issues, incorrect paperwork or other difficulties. The transferred documents, in particular the boundary plan, must be notarized.

Please note that in current legislation, the right to dispose of land is given only by a document of ownership. Land certificates issued in the 90s and not registered after 1998 are not such documents.

In practice, it happens that the owners of such papers have not exercised their right for more than 10 years, as a result of which the plot was registered in the cadastral register by another person. In this situation, representatives of Rosreestr had no reason to refuse him.

You can submit documents for registration:

• in person by contacting local authorities;
• through a proxy;
• by sending the documentation by mail (you must wait for confirmation of receipt);
• by sending the required package by email.

Please note: all documents submitted by the applicant to the state center must be endorsed by him. If they are transferred in person, this can be done with one signature of the applicant. But when sending data electronically, an electronic signature will be required, and when sending by post, the person’s signature must also be notarized. If the documents were sent by mail, the applicant should keep the notification of receipt of the package by representatives of Rosreestr.

Removal from the register

How is a property deregistered from the cadastral register? Just like the process of registering a land plot (building, apartment) with the cadastral register, the procedure for deregistration has certain requirements, failure to comply with which may result in the application being rejected and, consequently, a waste of time.

It is worth noting that it is impossible to deregister an object from the State Tax Committee without a compelling reason. Today there is a clear list of circumstances that make it possible to initiate this procedure. These include:

• destruction or major reconstruction of a house, providing for the resettlement of residents or the appearance of new premises (of a different layout) in the place of old apartments;
• combining two or more buildings into a single structure;
• the purchase of the remaining rooms in a communal apartment, which provides for its transformation into ordinary housing owned by one family;
• division of the building into two houses with different addresses (allocation of a share in kind);
• combination or division of two land plots;
• non-compliance of the constructed house with the design documentation.

To remove a house or other object from registration with the State Property Committee, a citizen must submit the following documents:

• application of the established form (a sample is provided at Rosreestr or MFC);
• an act of the BTI commission confirming the destruction or other significant change in the condition of the building, making it impossible for it to remain in the State Property Committee;
• passport;
• power of attorney;
• title document.

State cadastral registration of real estate does not provide for a fee for deregistration. If the applicant does not understand how to remove a land plot from cadastral registration due to its uncertain legal status, it is better to remove a previously delivered object only after consultation with a lawyer.

Registration of easement

An easement is a part of land transferred for rent. Passage or other intended use on the basis of an agreement or court. Easements are often allocated in order to provide access to municipal territory or other objects. Helps to avoid the presence of problematic boundaries on the site when drawing up a boundary plan and further registration with the cadastral authority.

An easement, like any other type of plot, is registered with a government agency. The list of documents for this purpose remains unchanged; in addition, they are accompanied by a court decision for the given territory (if any).

Assistance from specialists in preparing documents

When preparing a package of documents for registering an object, the applicant may encounter the following difficulties:

• lack of a clear boundary plan;
• controversial status of the site.

If the owner of the site does not have a boundary plan, he should contact a cadastral engineer for help. This is a specialist who is able to conduct research on the site and draw up a document that will not have controversial points and borders with neighbors creeping on each other. An employee of this profile must be accredited by Rosreestr.

During his work, the engineer can take measurements of the territory, request boundary plans from neighbors (if any) or from a government agency. In addition, the cadastral specialist can act in court on behalf of the applicant in the event of a refusal or suspension in this case.

A lawyer’s assistance in preparing documents may be needed when drawing up an application (an incorrectly filled out form is a good reason for refusal by the competent authorities), collecting documentation or defending your interests in court. The specialist can also point out to you the need to prepare additional documents and the presence of problematic issues. It is also needed to resolve disputes with co-owners and in case of loss of documents required by the government agency. In addition, a lawyer represents you in Rosreestr if you cannot handle the paperwork yourself.

Turning to specialists allows you to save up to 3 months of time - this is how long it takes to clarify when a case is suspended and to win the case in court.

The procedure for registering a site

Having collected the necessary documentation, the owner of the plot writes an application for cadastral registration of the plot and submits it to the multifunctional center for land issues or a local authority. There he submits documents to the official against receipt (or sends them by mail). This ends the applicant’s active participation in the process for a certain period of time.

After transferring the papers to the government agency, the applicant does not need to collect additional certificates from Rosreestr and other offices. All necessary data will be sent to the local committee on an interdepartmental basis.

After the deadline for consideration of the case on registering an object for cadastral registration, the applicant is notified of the response received. It could be:

• refusal to apply;
• suspension of production;
• registration of the object.

If the answer is positive, the applicant is given completed documents for the site. These include:

• cadastral passport of the registration object;
• cadastral extract;
• Registration of papers at the address takes another 5 days.

It should be noted that data on a cadastral registration object can subsequently be provided to third parties as cadastral extracts. Such information is publicly available information and can be studied by the applicant within 5 days.

Making changes about the site

to make any changes about the land in different cases :

• change in cadastral value;
• change of address;
• changing the boundaries of the territory;
• construction or destruction of objects on a land plot;
• change in land category;
• the appearance of important objects on the territory;
• change of purpose of real estate;
• completion of construction;
• making significant changes to the configuration of structures.

To complete this process, a statement is prepared indicating the reasons for the changes. It, along with other documents, is submitted in person when visiting a Rosreestr branch or through the MFC, State Services and mail. If the notification is sent untimely, this may result in a fine and the inability to make any transactions with the land.

The legislation clearly states that changes are made within 7 calendar days , but this period is relevant when directly contacting the Rosreestr branch, and when using other methods of transferring documents, the period may increase.

Documentation confirming the presence of any significant changes is prepared and submitted. Therefore, documents may differ significantly in different cases.

typically include:

• passport;
• technical plan;
• a decision of the city administration, which indicates that the address of the plot of land has been changed.

The process of making changes is free, but if an official extract from the Unified State Register with the changes made is required, then a state fee is paid to obtain it.

Timing of production

The period for reviewing papers for each individual site is unified and is 18 days. The countdown starts from the moment the application is submitted. This term cannot be changed even if the authorities have requested additional information on the selected area.

If the applicant applied not to a local authority, but to a multifunctional center, he should count the period not from the day of filing the application, but from the day the documents were transferred by this center to the local cadastral registration authority. The law does not provide otherwise. If the applicant does not know exactly when his package of documents was transferred to the local authority, he can contact them for clarification of the details.

If the papers are completed correctly, the cadastral passport will be issued to the applicant one day after the end of the 18-day period.

Suspension of registration of an object

If a government agency has no reason to refuse to register an object, but there are some controversial issues regarding it, as a rule, they order a suspension of the case. This approach allows the applicant to submit additional documentation to the Rosreestr authorities. Suspension of registration may be imposed as a result of:

• documents contain conflicting information on the property;
• there is at least one disputed boundary - one that intersects another area previously registered with the cadastral register;
• the applicant provided an incomplete package of documents, and the necessary papers cannot be requested interdepartmentally;
• the application for site allocation does not comply with the approved form;
• according to the documents, the location of your property coincides with the location of another, including partially;
• the border of the site crosses the municipal territory.

The period of suspension of registration of an object lasts no more than 3 months. After this, the case is reviewed. If the applicant does not contact Rosreestr at the end of this period, the case may be rejected. The decision to suspend can also be appealed in court. In this case, the applicant needs to submit additional documents confirming his case.

In what cases is refusal possible?

The government agency will decide to refuse to register an object if the document is executed incorrectly and false data is provided. The most common reasons for refusal to apply are:

• the object is not considered real estate;
• the register for the object contains only temporary data;
• the object consists of several indivisible real estate objects;
• the site does not meet the size requirements;
• the boundary plan has not been approved;
• there are objections to registering the object;
• includes more than 5% of agricultural land;
• the site has disputed boundaries;
• documents contain false information;
• documents for the installation of the object were submitted by a person who does not have the right to take this step.

Example: citizen Nikolenko applied to Rosreestr with an application to register his housing in the cadastral register. Having examined the papers within 18 days, the service refused to register him, since the plot was already registered with the cadastral register, but by a different owner. According to Rosreestr documentation, citizen Nikolenko is not the owner of this property; accordingly, he cannot submit papers for cadastral registration.

The entire package of documentation provided by the applicant is returned to him.

This decision of the local authority is not final. The applicant has a chance to exercise his rights, but in a different order. If you receive a refusal, you should carefully study the documents. The assistance of a lawyer specializing in such cases would be appropriate, since the decision of the government authority can be challenged in court.

Reasons for refusal of registration

Registering a land plot with cadastral registration is not that difficult. However, this requires reasons. True, cases when an applicant is refused to place a plot of land in the State Property Committee are not uncommon. Reasons for refusal may be:

• the application was signed by a citizen who does not have the appropriate authority to do so (there is no power of attorney, the issued power of attorney has expired, etc.);
• the category of land does not allow its inclusion in the state cadastral registration of land plots;
• the object does not fit the generally accepted definition of real estate (container, trailer, prefabricated country house);
• the allocation of a share from another object occurred without legal grounds for this;
• the object does not have access to itself (there are no access roads, no passage);
• the applicant failed to submit all required documents;
• the boundary of the site extends beyond the city limits, falling under district jurisdiction;
• two plots to be merged into one differ in the category of land;
• the actual area or configuration of the site contradicts the graphic diagram made during land surveying.

Read also: How to correct a cadastral error

If one of the above reasons is present, registration of the land plot with the state cadastral register is impossible. This applies to any real estate.

Refusal to register is issued exclusively in printed form indicating the reasons. If non-compliance with the requirements upon initial submission of documents allows for revision or correction, the citizen can exercise this right again - when re-registering real estate with the state cadastral register.

Why do you need cadastral registration?

A cadastral passport and other documents issued by a government agency are necessary for all real estate transactions, no matter what their nature, as well as for repair work. Without a cadastral registration document it is prohibited:

• lay communications on the site;
• carry out construction.

Without providing a cadastral passport, a transaction of donation, sale, exchange and other civil acts may be declared invalid. Also, not a single similar transaction will be challenged in court if during the transaction the buyer party was not given a cadastral document, although one was issued for the selected plot. This scheme, however, does exist and is widely used in fraud.

What is cadastral registration of a plot?

Cadastral registration is those actions that are performed by the authorized body in order to enter current information about a specific object into the state register.

Characteristics are indicated that allow the object to be identified as an individual thing and other additional information regarding the object. Such information serves as confirmation of the existence of the object and on its basis a special cadastral passport is issued.

All land plots, real estate and all unfinished construction projects are kept under control. Accounting is carried out upon the formation or creation of a real estate property. If all characteristics change or the property ceases to exist, certain information is entered into the cadastre.