Land plot as an object of ownership

Land surveying - what it is and the history of the development of the process

So, what is land surveying in simple words? Land surveying is the determination of boundaries and the process of legal registration of a plot of land on the ground. The processes of determining the boundaries of plots in Russia have been carried out since the 16th century.

Until the 17th century, information about them was recorded in scribe books. In the 19th century, special survey journals appeared, information in which was entered by specialists called land surveyors.

In the same century, a surveying institute was opened in Moscow, where surveying specialists were trained.

Large-scale work to determine the boundaries of land ownership in the Russian Empire began to be carried out in the process of agrarian reform by A.P. Stolypin. From this moment on, a definition is established: land surveying is the basis of the state cadastre of land real estate.

Is land surveying necessary? According to modern standards, land surveying is not a mandatory procedure, and registration of land rights with government agencies can be carried out without defining clear boundaries.

The basis for registration can be any document confirming a citizen’s rights to land (will, purchase and sale agreement, act of granting land by the authorities, etc.). But based on these documents, it is impossible to establish clear boundaries and geographical coordinates of the site in relation to other lands.

In addition, the main result of the land surveying process is the registration of the site with cadastral registration. The owner receives an official document confirming his rights to the land.

Without this paper, it is impossible to carry out transactions on its alienation with the plot. Thus, land surveying is not a mandatory procedure, but desirable.

So, we have considered the question of land surveying - what it is, then we will talk about the laws that are devoted to this procedure.

Building coefficient: what is it, how is it calculated and its norm

When planning the construction of a building, various aspects are considered. They relate not only to the specifics of construction, but also to making a profit.

You can get the maximum benefit if you use the available site for construction optimally, that is, install all communications, allocate space for utility rooms and other required buildings. And the remaining territory should be managed so that it brings the main profit from the project. In many ways, one of the indicators that helps to achieve a better result when planning is the development coefficient.

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There are two main indicators of density:

• development coefficient - the ratio of the area occupied by buildings and structures to the area of ​​the site (block);
• building density coefficient - the ratio of the area of ​​all floors of buildings and structures to the area of ​​the site (block).

Both of these indicators play an important role in planning the development of territories. Firstly, from a legislative point of view, it is unacceptable to use coefficient values ​​less than those approved. Secondly, they allow you to rationally manage the area of ​​the available site for construction.

In an urban environment, as in a rural environment, there are restrictions on the construction of buildings, depending on two circumstances. The first is related to the type or purpose of the building being built (apartment building, warehouse), and the second is related to the zone in which it is being built: residential, industrial, public and business.

Reference. Of course, it is impractical to build up the entire allocated territory belonging to the residential zone with one apartment building. Moreover, this is contrary to regulations. At a minimum, there should be a parking lot, a playground, and a courtyard with sidewalks near the residential building. This example refers to the building factor.

The application of the building density coefficient is more global and it is used when planning not just one individual site, but an entire microdistrict or block.

The type of zone in which the microdistrict is located is also taken into account. For example, when designing a residential complex that includes a kindergarten or school. Here the task is to build an entire infrastructure within one block.

Ratio norms

In the regulatory and technical documentation “Code of Rules. Urban planning. Planning and development of urban and rural settlements" establishes standard indicators for the density of development of territorial zones.

The given indicators must be taken into account before the construction of buildings and premises. Their violation entails the recognition of the building as invalid. And those who are interested in construction are obliged to conduct their work in accordance with the norms of civil and land legislation.

Otherwise, the constructed facility will disrupt the city’s infrastructure and therefore must be demolished.

Calculation of coefficient

Now let's look at how to calculate the building density coefficient.

As already mentioned, the density coefficient is used in the construction of buildings in microdistricts, that is, public facilities. In this case, private individuals are not allowed to make payments. This is done by employees of authorized government services, who use two methods for calculations:

• gross - implies the ratio of the total area of ​​the planned building and all the territory necessary for the life support of a residential area. Expressed as a percentage;
• net calculation - is made by relating the entire area of ​​the building to the area of ​​​​the necessary residential premises. In this case, the area of ​​buildings intended for residential apartments is taken into account. To calculate the area of ​​residential buildings, the area of ​​buildings and other social, economic and cultural facilities is subtracted from the total area of ​​a block or district.

• The formula for the area utilization coefficient looks like this:
• KZ = PZ/PU,
• where KZ is the development coefficient;
• PZ - building area (outer surface of the walls of buildings in m2);
• PU - area of ​​the plot (the territory of the plot is formed according to cadastral indicators).

When planning microdistricts and blocks, the calculations use the total floor area of ​​all ground structures (m2), which is per unit of territory (ha). Accordingly, the unit of measurement for the density of residential development of a land plot is m2/ha.

Conclusion

Building density is one of the most common indicators used in planning and designing buildings. In urban planning practice, it characterizes the intensity of use of territories. All types of blocks or neighborhoods require the use of a density ratio calculation procedure.

The ergonomics and degree of compliance with the standards of the building being constructed depend on it. The same can be said about planning construction on a separate site. A private house is also characterized by the presence of outbuildings outside the house, as well as an area allocated for a garden, vegetable garden and other needs of the owner.

Modern legal norms

Today, the Russian Federation has developed a clear legislative framework regulating land relations. At the federal level, issues are regulated by the Land Code of the Russian Federation and Federal Law No. 221 “On the State Real Estate Cadastre”.

This document clearly outlines the procedure for land surveying.

Significant amendments were made to the law in 2020, when the law on dacha amnesty came into force in the Russian Federation, which introduced changes to the conditions for the provision of land and new ways of registering rights to them.

Goals and types of procedure

What does land surveying provide? This procedure is carried out at the initiative of the owner or by court decision. The owner needs to carry out the work for the following reasons:

• registration of own rights to land;
• obtaining a land certificate for subsequent transactions with it;
• division of a plot or its combination with an adjacent one;
• land privatization;
• registration of territory for rent.

The procedure can be carried out by court order to resolve land disputes. In this case, the court appoints a land management examination.

Depending on the goals, the following types of land surveying are distinguished:

1. Division of a plot is carried out by agreement of the owners who own the plot jointly. With this type of land surveying, one common territory is divided into equal shares to determine new boundaries for each.
   This type of land surveying is necessary when buildings belonging to different owners are located on the same land. One of the types of dividing land survey is the allocation of part of the land from a common plot that remains indivisible.

   In this case, the boundaries of the original land ownership remain the same, and the allocated parts are registered in the cadastral register as separate objects.

2. Clarification of boundaries is a type of land survey when the boundaries of previously registered land are expanded by the norm established by law. Such surveying is necessary for the subsequent unification or division of the site.

Registration of a land management file is necessary for citizens in the following cases:

1. If a dispute arises with neighbors.
2. When you receive a plot as an inheritance and a dispute arises with other heirs.
3. During general development of the territory on which the land is located.
4. If you plan to build an expensive building.
5. If the site has a complex configuration.

Pros and cons of the procedure

When considering whether or not to carry out land surveying work on 2 plots of land, you should take into account the following positive aspects of the process:

• allows you to increase the size of the existing plot by 10%;
• protect the borders of the land from encroachment by unauthorized persons;
• establish clear boundaries of your own territory;
• resolve disputes with neighbors.

The disadvantages include the need to spend money on registration, the possibility of disputes and even litigation with neighbors, the impossibility of re-registering the land to another person until the survey work is completed.

What to do when reducing area

Reducing the area of ​​land is possible in two cases :

1. When correcting a cadastral error. Moreover, according to Order of the Ministry of Economic Development No. 943 of 2020, the initiative to correct a cadastral error can come not only from the owner of the plot, but also from Rosreestr.
2. When a claim arises from neighbors who carried out land surveying, according to the results of which the border of their site runs along an adjacent plot.

This is interesting: Temporary status of a land plot

In any of these cases, the site owner has 2 ways to solve the problem:

1. Agree with the reduction of land and sign the deed of approval of boundaries.
2. Do not agree with the reduction and order clarification of the boundaries of the land plot.

If the clarification procedure does not give the desired result, you can file a claim in a court of general jurisdiction , which will appoint a judicial land management examination.

Who carries out land surveying and how?

Only specialized geodetic companies can carry out measurements with subsequent preparation of documents, the choice of which can be handled by the owner. Before drawing up an agreement, it is worth checking whether the company has a license to carry out cartographic and geodetic work.

The organization must have special equipment, without which it is impossible to carry out land surveying.

Calculations and documentary recording of the boundaries of the site can be carried out by certified cadastral engineers; it is impossible to draw up the necessary papers on your own. According to legal requirements, the specialist carrying out the work must meet the following requirements:

1. Citizenship of the Russian Federation.
2. Higher specialized education.
3. No current criminal record.
4. Availability of Rosreestr certificate.

REFERENCE. In the Russian Federation today, 40 thousand CIs are registered and have Rosreestr certificates. Information about them can be obtained on the Rosreestr website (https://rosreestr.ru/wps/portal/ais_rki). From this list, you must select an engineer located nearby and affordable.

The site surveying procedure consists of the following steps:

1. Concluding an agreement with a geodetic organization and transferring a package of documents:
   • identification document;

   land document;

2. cadastral passport of the plot;
3. power of attorney if the survey is not carried out by the owner.

The contract is a prerequisite for taking measurements. In this way, the customer can insure himself against possible errors during the work.

4. Notifying neighbors of the intention to carry out land management work. The notice must be in writing and must be signed by the neighbors.
   If it is not possible to contact neighbors, notification can be sent by registered mail. This procedure can be contractually entrusted to an intermediary organization that has similar powers.

   If the address or location of neighbors is not known, or the site is located in a remote area, CIs must place an announcement about the proposed land survey in local media and on the website of the settlement administration.

   The announcement is posted 30 days before the procedure. A copy of the newspaper with the published advertisement is attached to the survey file.

5. Departure of cadastral engineers to the site. They define the boundaries of the site. If possible, neighbors are surveyed to determine their consent to determine the boundaries of land ownership.
6. Obtaining a land survey document from a surveying company. At this stage, interaction with the survey organization ends.
7. Contacting the organization that regulates land issues to approve a ready-made boundary plan. This document is prepared in the form of an A-4 format journal and reflects all the information about the site.
8. Registration of land plot for cadastral registration.
   IMPORTANT. If the boundaries of the plots were significantly changed during land surveying, each owner of the plot must obtain a new Certificate of Ownership from Rosreestr.

In what cases is it possible to establish ownership rights?

There are six prerequisites for the formation of these rights.

Land plots can also be provided free of charge, for example, upon an order from a government agency, and a person cannot refuse this plot, except in some specific cases. The Land Code of the Russian Federation can consider exactly in which cases this happens.

Transactions are a bilateral agreement on the disposal of territory. The agreement is aimed at establishing, changing and eliminating civil law relations. When signing transactions, their negotiability is taken into account. They are often concluded as a result of public and non-public tenders.

Types of transactions are various contracts for the purchase and sale of land, exchange, rent, donation, pledge, mortgage of land, privatization of land, inheritance of one’s own plots either by will or legally.

In Russia, the most famous method of registering property rights is considered to be privatization; this is usually a paid procedure. It is carried out when plots are purchased by their owners during auctions for the sale of public and non-public offers.

Cost and terms

The price for land surveying work is determined on the basis of:

1. Labor intensity calculated using a special table.
2. Standard hour prices calculated based on the engineer’s salary.

It is impossible to calculate these figures on your own, so the price must be determined through telephone conversations with specific specialists. In addition, the price depends on the specific region where the land is located.

The average price for the services of cadastral engineers is 10 thousand rubles for land management (is it possible to carry out land surveying for free?)

The time it takes to complete a case depends on specific circumstances, the terrain of the site, and the engineer’s workload. On average, production takes from one to three months.

Special cases of land surveying

In the practice of land cadastral registration, there are situations when, according to documents, 2 plots overlap each other. This arises due to the imperfection of the legislation, which obliges to carry out coordination with those neighbors whose plots are registered in the cadastral register. The overlap occurs due to the engineer's errors in drawing up the plan.

When performing land surveying, the coordinates of the border points of neighboring areas are incorrectly determined. The boundaries of adjacent areas are violated, and documents overlap one another.

With mutual consent of the owners of such plots, the issue of determining the boundaries of each is carried out administratively.

By agreement with the neighbors, a cadastral engineer is called and takes measurements of two plots at the same time, for each of which a separate plan is then drawn up and a separate land management file is opened. Information about changes in boundaries is submitted to the cadastral chamber.

If a neighbor believes that the boundaries of his property are determined correctly and does not agree with the adjustments being made, the issue will have to be resolved in court. The defendants in the lawsuit will be the neighbors and the cadastral engineer who made an error in the calculations.

In the case of land surveying of land management objects. New boundary plans are drawn up by court decision. In this case, coordination with neighbors will not be required.

The process of land surveying is not forced in the Russian Federation, and each landowner has the right to independently decide whether it is necessary. However, the presence of official documents will save the owner and his heirs from possible problems.

We hope that our article helped you understand the question of what land surveying means.

Definition of the concept

A plot of land is a surface of the earth containing clearly defined boundaries.

It includes layers of soil, isolated reservoirs, forests, and plants growing on it.

The understanding of a land plot does not include subsoil , because they belong to the state.

Based on the Land Code, it is clear that rights to a plot arise during division, connection and redistribution. Characteristics are considered to be clear identification of the border and location, area and size, legal status.