Are the deadlines for land surveying established by law and how long does the land surveying procedure take? Such questions are received by cadastral engineers upon initial contact. The issue of timing was especially relevant in February 2020, when everyone rushed en masse to “have time” to register plots and houses under the dacha amnesty. It is impossible to answer the question about the timing of land surveying with a one-word phrase, so we have prepared material on this topic.
What are the terms of land surveying?
Let us conditionally divide the land surveying procedure into 4 stages:
- Concluding an agreement with a cadastral organization;
- Departure of surveyors for the necessary measurements;
- Preparation of a boundary plan by a cadastral engineer;
- Registration in Rosreestr.
Now in more detail about the timing of each stage:
- Stage 1. When contacting the cadastral company, check how long it will take a cadastral engineer to complete land surveying work. Some organizations are ready to complete it in a week , and some in a month . Only after you are sure that the terms of the work suit you, enter into an agreement.
- Stage 2. The standard period for geodetic measurements on a site is 3-5 days , although in fact the measurement work only takes a couple of hours . This takes into account such obstacles as weather conditions (snowfall, rain), the distance of the land plot from the cadastral company, your ability to be present during the measurements, etc. Therefore, the deadlines are announced with a reserve.
- Stage 3. Preparation of a boundary plan – 5-10 days . Again, the process of registering a land survey is not that lengthy and takes no more than a working day . But the preparation of a boundary plan depends on the availability of all the necessary data. In some cases, additional information may be required. You also need to take into account the current workload of the cadastral engineer. It should be remembered that when surveying you need to notify your neighbors, and if it is difficult for you to find them, then the period increases and sometimes exceeds 2-3 months .
- Stage 4. Registration with Rosreestr takes 7-10 days . But there are cases of suspension - this is when registrars find reasons that prevent registration and send them for rework. We wrote about such cases in the article: “Suspension of registration of ownership of real estate.” Here the deadlines can drag on for several months , and in difficult cases even up to a year .
It is very important to choose a cadastral company that provides quality services and uses modern geodetic equipment. Due to incorrect measurements, cadastral errors appear, which the owner will subsequently have to correct at his own expense. To select a cadastral company, we suggest using the catalog of organizations performing cadastral and geodetic work on our website.
In order to understand which company is more suitable for you from those that offer their services in a certain region and find out what the cost of services is, we suggest that you seek help from a free online calculation of cadastral works.
What is a cadastral plan of the territory and how to get it
The cadastral plan of the territory is a document in the form of a site diagram that has legal force. The text contains information about the area, configuration, boundaries of the territory, as well as about objects located nearby. It provides detailed information about the objects located on the land plot and located in the neighborhood. The location is clearly recorded.
The plan reflects all the detailed information about structures, buildings, and division into zones. The cadastral plan is valid until any changes occur. Without it, it is impossible to carry out actions with real estate.
How and where to order
To obtain a cadastral plan for land, you must submit an application to Rosreestr or the Multifunctional Center located in the area of the land plot.
You need to provide:
- receipt of payment of state duty;
- identification;
- certificate confirming ownership;
- confirmation of the representative's authority.
After submitting the documents, a receipt is issued, which should be provided upon receipt of the ordered plan.
If the site is not registered, it is also required to present:
- boundary plan;
- evidence of restrictions on allotment;
- attitude to any category;
- permission to the territory;
- in case of common shared ownership, an agreed land survey plan;
- confirmation of share in common property.
All submitted documents must not contain errors or corrections and must be certified by the signature of the cadastral service employee who issues a receipt for acceptance of the materials.
A period of up to 20 years is given for the preparation of the cadastral plan. If the site is in the database and is registered with the state, the plan is received within 5 days.
Registration is an important point. All required documents must be provided within 18 days, otherwise if there is a delay you will have to start the whole process all over again.
If there is no registration in the Register, you must submit an application and submit a boundary plan of the site, as well as proof that you are the owner of this property.
Document forms
The following forms of cadastral plan exist:
- paper document;
- electronic format.
It is possible to obtain a cadastral plan in paper format by submitting an application to the relevant authorities.
The document can be ordered online in electronic format on the Rosreestr website. It takes no more than 10 minutes. You just need to provide the necessary requirements:
- E-mail address;
- cadastral number;
- your last name, first name, patronymic;
- date, month, year of birth;
- by whom, where and when the passport was issued.
You can receive the required document within 5 days. The answer comes to your email address. The resulting file can only be printed.
Payment of the state fee is carried out by bank card. The electronic document is issued as a file in html format, certified by the signature of an official in the form of a sig file.
The electronic cadastral plan contains the following forms:
- KPT.1 - general information;
- KPT.2.1 - drawing of the territory;
- LPT.2.2. — diagram of the territory boundaries;
- CPT.2.3. — plan of the area with features of use;
- CPT.2.4. — schedule of zones located in the cadastral quarter;
- CPT.4. — general information and description of the boundaries of the territory;
- CPT.5. — information about the units of the reference boundary network.
The price for obtaining a cadastral plan of the territory for individuals is 800 rubles. (in the form of a paper document) and 150 rubles. in electronic format. For legal entities, respectively, 2400 rubles. and 300 rub.
If the user wishes to receive a ready-made cadastral plan by mail, it must be sent no later than 30 days after submitting the application. Delay is possible only due to postal work.
The cadastral chamber is obliged to enter all information into its register within 1 month and issue a cadastral plan. The number of copies of the plan must be discussed in advance and indicated in the documents. According to the rules, at least 2 copies are required for registration. The completed document is issued upon presentation of a passport and a receipt issued upon submission of the application.
The video shows an example of completing an online application.
Is refusal possible?
A refusal to obtain a cadastral plan may be issued in the following cases:
- errors in documents;
- non-recognition of property as real estate;
- extension of registration deadlines;
- non-compliance of land surveying with established standards;
- violation of the boundaries of the land plot;
- dividing the territory into several areas.
It is attached in writing with an attached signature and seal.
If the documentation is corrected and no response is received, you can appeal the case in court.
Obtaining a cadastral plan
It is issued after the land plot is registered with the cadastral service and contains all the information about the condition of the territory. Without registration, you cannot perform any actions such as purchase, sale or donation.
The cadastral plan can be obtained after sending an application for its receipt to the Registry service.
Validity periods
The validity of the cadastral plan for a land plot is timeless, but only if no changes have been made.
If within one year the property was registered with the state, then problems with the timing of the cadastral plan should not arise at all.
Timely fulfillment of all obligations helps to quickly and easily obtain the necessary documents for transactions.
Source: https://ru-act.com/nedvizhimost/zemlya/kadastr/kadastrovyj-plan-territorii.html
What are the legal deadlines for land surveying?
Article 16 of Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate” contains the deadlines for registering real estate (including land plots) and cadastral registration. Depending on the method of transferring documents (Through the MFC or directly to Rosreestr), and also depending on whether the land only needs to be registered in the cadastral register, or at the same time it is also necessary to register the rights to the plot - surveying periods are set from 5 to 12 working days . When surveying, the boundaries must be agreed upon with the neighbors of adjacent plots. To do this, they must be notified of the procedure and the act of boundaries must be agreed upon with them. If notification is impossible (there is no way to find it, or the neighbor does not make contact), then the deadlines established by Article 39 of the Law of July 24, 2007 N 221-FZ “On Cadastral Activities” apply: sending a notice or publishing an advertisement in a local newspaper (in the official printed publication) 30 days before signing the act on approval of boundaries.
Comments on the topic
The copyright holder can order a cadastral plan on the State Services portal. To receive an extract from the State Tax Committee, you do not need to register on the website. Simply fill out the online form and pay the state fee. The system verifies the data, and then the document is sent to the user by email or via Russian Post.
Virtual execution of a document is very convenient, because there is a lot of additional information on the State Services website, and you can pay the fee using an electronic wallet.
What is the statute of limitations for land surveying?
The limitation period for land disputes is a rather ambiguous parameter. As for the limitation period for land surveying, in accordance with civil law it is three years , but the moment this period is calculated is the moment it becomes clear that rights have been violated. When this moment comes depends on your arguments. Therefore, all cases are individual. It all depends on the reasons for going to court. If interference and obstacles are created for you in the use of land, then the statute of limitations does not apply to such appeals (Article 208 of the Civil Code of the Russian Federation).
What you need to know
A land cadastral passport is a document that contains information about a specific plot of land. Information is generated and stored in the state real estate cadastre.
The document is characterized by the presence of several forms, including:
| Letter B1 | Reflects information characterizing a plot of land: its intended purpose, area, location, etc. |
| Letter B2 | Presented in the form of a schematic representation of land boundaries, provided that there is land surveying in relation to them. |
| Letters B3, B4 | Indicates that there are restrictions on the site. |
A cadastral passport issued in relation to a land plot is one of those mandatory documents, in the absence of which no transactions in relation to real estate can be carried out. This means that the owner of the land who has not completed the procedure for registering such a document will not be able to dispose of it at his own discretion.
The territorial bodies of Rosreestr carry out the registration of cadastral passports on an application basis.
Deadlines for preparing a land surveying project
Unlike drawing up a boundary plan, preparing a territory surveying project requires a significant amount of time. If a boundary plan is prepared for one unit - a land plot, then the survey project covers an entire block with several sections, linear objects, etc. When preparing a project, it takes not only time to carry out geodetic measurements, but also contacting local authorities and preparing an additional package of documents. As a rule, the preparation period for a land surveying project takes from 3 to 6 months . For more information about the preparation of planning and territory surveying projects, read the articles: “Why do we need a territory surveying project” and “What is the difference between a planning project and a territory surveying project?”
Related services
As we have already mentioned, specialists certified to engage in activities related to establishing plot boundaries are called cadastral engineers. Most often they work as part of a specialized organization.
How to choose the right surveyor? Firstly, you need to keep two questions in mind: how long the work will take and how accurately it will be done. Keep in mind that your plot will not be able to be registered in the cadastral register if the surveying is carried out poorly. The boundaries of the plots should not intersect.
And when choosing a cadastral engineer, even based on the reviews of people you know, find out first of all whether they had to redo the land survey plan after the survey and how long it took to draw it up.
The list of mandatory operations necessary to perform the necessary cadastral work includes:
- the preparation necessary to collect all the information about a certain territory;
- geodetic operations aimed at studying the specified land plot;
- clarification and registration of the boundaries of the land plot;
- drawing up a detailed plan for allotment placement;
- registration of all necessary documentation with their subsequent submission to the cadastral chamber;
- obtaining a cadastral passport.
Carrying out geodetic work on the territory of a site must be carried out in the presence of not only the direct owner of the land plot, but also the owners of neighboring territories or their legal representatives. After all the necessary work has been completed, an act is filled out, which must be signed by each person taking part in the land surveying process.
A cadastral passport for a land plot is provided to the owner only in the process of approval of the specified act by the territorial committee dealing with land resources and land management.
The time frame during which various earthworks will be carried out aimed at determining the total area and boundaries of the territory, as well as collecting all the necessary primary documentation and obtaining a passport for this territory from government agencies, can reach several weeks. Even if the customer initially ordered urgent execution of all necessary operations, they will be carried out for at least seven days.
The cost of such work does not include the costs necessary to compensate for all kinds of transportation costs that are required for specialists to visit the specified area. Payment for gasoline is carried out at the discretion of qualified specialists of the company. Private services of qualified lawyers can also be provided, which are required to prepare all the necessary documentation, and often they cost the owner of the site 4,000 rubles.
For a separate amount, private companies can provide comprehensive services related to the unification of several territories into one or, conversely, the division of one land plot into parts. In the vast majority of cases, such services cost approximately 12,000 rubles, and if the owner wants to combine several territories at once, then in this situation another 2,000 rubles are added to the standard amount for each of them.
The approximate cost of the necessary work required for land surveying ranges from 10,000 to 30,000 rubles, but the total cost of services associated with land surveying can increase significantly if the following circumstances exist:
- the need to urgently obtain documents;
- if the site is located at a long distance or in difficult to access areas;
- the plot has borders with some difficulties or is characterized by heterogeneous relief;
- the area is too large;
- There are no primary papers.
