Lack of technical plan
It is important not to confuse a technical plan with a passport - the latter is not the equivalent of a plan.
Drawing up a technical plan has become necessary for objects under construction only in 2020. If the house was built earlier, this document may be missing. Meanwhile, it is the technical plan that serves to record the coordinates of the house and enter data into cadastral registration.
The first thing to do if the house is not marked on a public cadastral map is to check the cadastral registration data for the building. To do this, just look at the contents of section 5 of the extract from the Unified State Register of Real Estate . The absence of this section means that the cadastre does not contain information about the technical plan.
You can quickly get an extract from the Unified State Register without leaving your home, on the website of the official service Unified State Register. Register - just know the exact address or cadastral number of the property. An extract from the Unified State Register will be sent by email and certified with the digital signature of Rosreestr.
If you do not have a technical plan, you will need to order it from a cadastral engineer.
It is important to check with a land surveyor:
- Ask to see the original qualification certificate and ask for a copy.
- Check the validity of the certificate on the Rosreestr website in the “Register of Cadastral Engineers” section so as not to order services from a specialist with a revoked license.
How the procedure works
Before the actual course of action, it is necessary to find out who has the opportunity to register the land plot in the cadastral register.
Such persons include:
- owner;
- tenant (an important condition - the rental period should not be less than five years);
- holder of the right of perpetual inheritable ownership;
- holder of the right to perpetual use of the object.
In addition to the listed persons, cadastral registration can be carried out by an authorized person certified by a notary.
There is an exception when a person not listed on the list can apply to Rosreestr. This situation is possible if the unregistered plot was inherited. In this case, the citizen becomes the owner of the property, but does not have ownership rights, since the land is not registered in the cadastral register.
The law stipulates that the owner of the land is the one who registers it. In this case, the inherited property is not the property of the heir. That is why registration will be carried out on behalf of the heir, who at the time of application is not yet the owner, but has full right to undergo the procedure.
Another situation is when a citizen wants to buy a plot of land from the municipal authorities. According to the law, he has nothing to do with real estate in order to draw up cadastral registration papers. That is why the procedure involves applying to the authorities to learn such a right and then purchasing the plot.
Where and with what documents to apply
To register a land plot for cadastral registration, you will need a package of documents:
| Statement | To be completed by the property owner or his official representative. The registration process is not difficult - the document is filled out according to the sample with individual parameters entered. If problems arise, the cadastral authority employee is obliged to provide assistance. |
| Geodetic and boundary plans | Documents are required if you plan to register a land plot with existing boundaries from neighbors. The geodesy plan is provided by the relevant organization. The boundary plan is taken from the BTI. The document can be in standard paper form, or on electronic media (CD or USB drive). |
| Technical plan | The document is required if it is intended to register not only the land plot, but also the building located on it (the building and land are an inseparable component of real estate). The documentation is prepared by cadastral engineers, and you must apply for the paper in advance. The plan requires a long production time. |
| Title documentation | If a citizen is the owner, then it is necessary to provide ownership rights. In other cases - documentation confirming the ability to carry out this procedure (receipt of an inheritance, purchase and sale agreement, etc.). |
| Permission from the guardianship authorities to perform the operation | The document is required if the owner or one of several owners has not reached the age of majority. |
| Applicant's passport | Original and copy. |
| Receipt for payment of state duty | 200 rubles. |
There are several points that you should always keep in mind. First, if an individual intends to register a municipal plot for cadastral registration, then it is necessary to obtain written permission from the Ministry of Cadastral Services. Secondly, if the land plot has tenants, then their consent to cadastral registration is required, or wait until the end of the lease period and terminate the contract. If the applicant is a tenant, he must obtain written consent from the owner to carry out the procedure.
All documentation is provided in its original form. The employee verifies them, makes copies and returns them to the owner. It also provides for the submission of documents initially in the form of copies, but only certified by a notary.
You can contact either the cadastral chamber or the MFC. The applicant independently chooses the organization that is most convenient for him.
In addition, you can submit documents in several ways:
| Personally | The simplest and most common method. |
| Through a representative | Necessary in cases where the applicant is unable to complete the procedure independently due to illness or business travel. To do this, you need a notarized power of attorney so that the representative can deal with all matters on behalf of the owner of the site. |
| Sending documents by mail | It is necessary to have the documentation certified by a notary and make an inventory before sending it. |
| Submitting documents via the Internet | This implies the use of the State Services portal. |
The last option requires having a profile on the service and a digital signature. To submit documents using this method, you must take care of activating your account in advance, since the process takes a long time.
Sample certificate of land ownership
A technical error
If there is a technical plan and it has been registered, but the house is not on the cadastral map, then an employee’s typo is likely when entering information into the cadastral register. You will need to submit an application to Rosreestr to clarify the information. This can also be done through the MFC.
If you have a technical plan, but section 5 is missing from the USRN extract, most likely it was not registered with the rights registration authority (Rosreestr). You will need to go through the technical plan registration procedure. It is important to keep in mind that requirements change over time and an old document may not be accepted.
How to register a land plot as previously registered
Detailed information about all real estate objects is contained in the cadastre. If any transactions were previously made with them, this means that they have all already been taken into account. Landowners are faced with the fact that for some areas there is still no information in the cadastre.
Do not worry about this: it is possible that the data on the site has not yet been entered into the cadastre. Follow this yourself and speed up this process.
How to order a cadastral passport through Rosreestr?
Where to find the urban zoning map, read here.
How to divide a plot of land, read the link:
Contact the authorized body at your place of residence and submit the following documents:
- certificate of land ownership;
- land deed or lease agreement;
- extract from the business book.
After five days, the cadastral service will enter all the information into the cadastre and issue an extract along with the cadastral passport. Refusal is possible if the boundaries of the plot being drawn up intersect with others. Under such circumstances, there is a need to clarify them. But this process is carried out in a simplified manner.
If it is not possible to submit an application in person, you can send it by mail or submit it through a representative. The principal must first be provided with a notarized power of attorney.
The structure is marked elsewhere on the map
Most often, this situation is a consequence of a land manager’s mistake when drawing up a technical plan. Unfortunately, you will have to re-conclude a contract with a cadastral engineer to prepare a revised plan. The new document will need to be registered, and then the result will need to be checked on the cadastral map.
It is important to remember that changes to the map may take several days.
Moscow, Kadashevskaya embankment, 22
In order to file a claim to establish a boundary, the plaintiff must have property rights to the site. If the claim is satisfied, the plaintiff must apply to Rosreestr with an application to carry out cadastral registration of his plot (if it has not been registered) or to take into account changes in its characteristics, attaching to the application a boundary plan and a copy of the judicial act. According to Part 3 of Art. 25 of the Law on Cadastre, during cadastral registration of clarification of the boundary of a land plot, which at the same time is the boundary of another (adjacent) plot, the cadastral registration authority simultaneously makes appropriate changes to the information about the location of the boundaries of the adjacent plot contained in the State Real Estate Cadastre. Consequently, during the cadastral registration of the plaintiff’s plot, Rosreestr will “move” the border of the defendant’s adjacent plot.
3. If the right to an adjacent “disputed” plot exists - registered or arose before January 31, 1998 without state registration, it is advisable to bring a claim to the copyright holder. You should not submit demands to Rosreestr to remove from cadastral registration an adjacent plot that exists factually and legally as an immovable thing and an object of law. A land plot can be removed from cadastral registration only in the event of its transformation: division, merger, redistribution (Part 6 of Article 27 of the Cadastre Law). A cadastral engineer who has not agreed on the boundary must be engaged by a third party.
What is more important - a cadastral map or an extract from the Unified State Register?
It is important to know that the public cadastral map serves to clearly present registration data. The mere fact of the presence or absence of a house on the map is not evidence in court, but may serve as a reason for the court to request information from Rosreestr in the form of an extract.
You can get a reliable extract from the Rosreestr database for any house on the EGRN.Reestr website. You can order information from the service online at any time. The official statement will be sent to your email in the form of a document certified with digital signature. The cost of the service depends on the type of statement and ranges from 200 to 350 rubles. No documents are required; you will need to fill out the address and cadastral number of the property.
How to register a land plot without land surveying
The purpose of land surveying is to accurately determine the boundaries of the land and its location. It is aimed at protecting the interests of land owners. After all, if disputes arise, they can only refer to survey data.
It is allowed to register land without land surveying on the basis of the following documents:
- on land ownership;
- passports;
- receipts for payment of state fees;
- a plan of the objects located on it;
- document on the category of land.
After collecting them, contact Rosreestr to obtain a cadastral passport. You will receive an answer in 10 days. The fact that land surveying work was not carried out will be reflected in the passport. This means that boundaries were not determined on site. Then contact the Federal Registration Service, which will issue a certificate of registration of the land plot, thereby confirming the existence of ownership rights.
Land surveying may not be carried out in the following cases:
- in the absence of land conflicts with neighbors;
- if the boundaries of the plots are marked by fences.
In these cases, there is no need to clarify the boundaries of the plots, since there are no disputes regarding their location.
Let's sum it up
The question of why my house is not on the cadastral map has several answers. The reasons are usually related to the lack of a technical plan or unreliable credentials. Inaccuracies in cadastral registration can be corrected by registering an up-to-date technical plan and eliminating technical errors.
To draw up or correct a technical plan, it is imperative to involve only qualified specialists.
In case of discrepancies between the data of Rosreestr and the public cadastral map, priority is given to the information specified in the extract from the Unified State Register of Real Estate.
Text: Natalya Petrakova
How to register a land plot with cadastral registration in SNT
A simplified procedure for registering land ownership rights in a gardening partnership is provided for those owners who managed to receive it before October 30, 2001.
The entire procedure is carried out completely free of charge for land owners. This can be done on the basis of a passport, an extract from the cadastre, an application, a receipt for payment of a fee and documents for a land plot.
But before that, carry out land surveying work and register the land in the cadastral register.
Then take an extract from the business ledger. If the issue is resolved positively, the site will be assigned a cadastral number and its plan with a cadastral passport will be prepared. In a month, registration of ownership of the land plot in the gardening partnership will be completed.
You may be denied in the following cases if:
- the documents you submitted contain information that does not correspond to reality;
- the application deadlines were not met;
- there is no consent of the members of the board of the partnership;
- There are errors in the financial statements of the gardening partnership.
What you should remember when registering a site with SNT:
- the registration process begins 5 days after submitting the application;
- if new circumstances arise, the process is suspended for one month;
- It is possible to appeal the refusal received.
