Powers of a cadastral engineer ➜ Life situations from Vladey Legko

Land surveying is a procedure whose main purpose is to determine the boundaries of a specific area. It must be carried out before registering the territory or after making any significant changes to it. The process is carried out only by experienced specialists who have permission to perform this procedure. At the same time, all property owners should know what documents are needed to survey a land plot. The number of papers depends on the status and purpose of the site. Additionally, the presence of neighboring plots and the reason for performing cadastral work are taken into account.

The concept of land surveying

It is represented by a process designed to accurately identify the boundaries of a parcel of land. It is carried out only by hired specialists, for which citizens have to contact specialized organizations.

To carry out such a process, specialists require certain documentation from customers. You can find out exactly what documents are needed for land surveying by contacting the relevant companies.

Legislative regulation

All cadastral work carried out for various plots of land is carried out taking into account the requirements of the law. These include:

main provisions of the Land Code;
Federal Law No. 221, which contains a precise description of the land surveying process;
Federal Law No. 78;
Land surveying instructions approved by Roskomzem.

The law on land surveying says that if this procedure is not completed by the owners of the territory, then the land will not be inherited, and it will also be impossible to conclude any transaction the subject of which is this property.

Preparation before land surveying

It is important not only to understand what documents are needed for land surveying, but also how to properly prepare for this process. To do this, the following actions are implemented:

the necessary work is carried out on the site;
consent to change boundaries is obtained from the owners of neighboring plots;
the owner of the territory will decide which organization he will contact to receive land surveying services;
the necessary documents are prepared and sent to the selected specialist.

Only after all the preliminary steps have been completed can the actual land surveying process begin.

Who sells land plots in Yaroslavl

Unfortunately, at the moment there are no active operators of the Yaroslavl online help desk 727373.ru on the site, but you can search for the answer to your question in the existing archive of questions and answers on the site. In addition, we also recommend that you visit our other project - a search portal for goods and services www.tovaryplus.ru

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The selection of an answer to a visitor’s question is carried out for all advertiser companies offering in their price lists goods or services whose name matches the request. In the case where a company has a large list of positions corresponding to the request, the operator marks only the first few random ones.

What documents are needed for land surveying?

The amount of paperwork may vary slightly in different situations, but the following documentation is typically required:

Passport of the direct owner of the territory.
If it is planned that the procedure will be performed by the owner’s representative, then a power of attorney is drawn up and notarized.
Title documents, with the help of which you can understand how a citizen became the owner of an object, and they can be represented by a purchase and sale agreement, an act of receiving land from the state, or other paper.
Technical documents for the land, which are an extract from the Unified State Register of Real Estate, a cadastral plan, and papers from the BTI. If there is any building on the territory, then technical documentation for this object is needed.
A certificate confirming that there is no ban on the use of the territory.
Application for land surveying.

Mandatory land surveying allows for various transactions with this property in the future. All documents collected by the owner of the territory must be submitted in originals. If it is discovered that the papers are forgeries or contain errors, then the survey will be refused, and it will also be impossible to use the act drawn up by specialists to make changes to the Unified State Register.

What kind of land is available to a large family in Voronezh?

Today, in order to allocate land to large families, a certain list of documents is required to submit the appropriate application. In all regions, the requirements for receiving free land are the same.

Citizens eligible to receive free land

A certificate of residence is obtained from the regional passport office at the place of residence. This is the simplest certificate of family composition, which indicates the date from which to which family members are registered at a given address.

The regional department of social protection noted that in order to calculate the average per capita family income, a person applying for financial assistance is required to submit documents and information confirming the income of the applicant and each member of his family for the last three calendar months preceding the month of applying for assistance. However, there are a number of good reasons for which documentary proof of income is not required, including one of the able-bodied parents caring for a child (children) until he (they) reaches the age of 3 years or caring for three or more minor children. (Probably, employees of district social protection departments do not always pay attention to the last point. - “Yo!”.)

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Other social support measures

From high stands there is now a lot of talk about demography, increasing the birth rate and supporting large families, but, alas, in reality, large families often do not feel the real attention of the state. Over the past few years, several benefits have been canceled in the region. We tell you what support measures are still available in the Voronezh region.

1. Monthly child benefit - 265 rubles 64 kopecks. 2. Compensation for nutritious food for pregnant and lactating women - 1,978 rubles 24 kopecks, as well as for children under one year old - 4,448 rubles 64 kopecks, and for babies from one to three years old - 2,471 rubles 43 kopecks. 3. Monthly cash payment for a child who was born third (or subsequent) in the family after December 31, 2020, in the amount of the subsistence minimum for children (currently the payment amount is 8,657 rubles) - until the child reaches 3 years of age. However, in this case, the family income should be lower than the average per capita income in the Voronezh region (8,744 rubles). 4. Providing children with discounted vacation packages and New Year's gifts.

How is the process carried out?

The land surveying procedure must be carried out in the correct sequence of stages. To do this, perform the following steps:

an agreement is concluded with the selected company;
All documents are transferred to specialists for study;
a day is set for the expert to come to the site to take measurements and inspect the land;
on the basis of the information received, a survey report and a conclusion on the work performed are drawn up;
all official documents are transferred to the customer, after which he transfers them to the Unified State Register of Real Estate to make the necessary changes to this register.

Based on the changes made, you can request a new extract from the Unified State Register from Rosreestr. Since 2020, a certificate of ownership of a land plot has not been issued, so adjustments are confirmed by a current extract from the register.

Land surveying services are provided by various companies on a paid basis. The procedure of measurement, inspection and creation of documents is carried out within approximately one month.

Who deals with land issues

Within its competence, it has the right to: conduct inspections of the use of land, regardless of their departmental affiliation and types of rights to land plots; give binding instructions to citizens and legal entities to eliminate violations of land legislation; in the prescribed manner, bring to administrative responsibility persons guilty of violating land legislation, as well as suspend the actions of local government decisions taken in violation of land legislation on the provision and seizure of land plots and send materials about this to the court and law enforcement agencies, etc.

As a rule, these functions are enshrined in the Regulations on these ministries and departments. Thus, in the decree of the Government of the Russian Federation dated July 18, 2000. No. 537. “Issues of the Federal Land Cadastre Service of Russia”* states that it is a federal executive body for state land management, carrying out special (executive, control, permitting, regulatory and other) functions for maintaining the state land cadastre and state accounting, located on land plots and real estate objects firmly associated with them for land management, state cadastral valuation of land, land monitoring and state control over the use and protection of land.

What documents are prepared by specialists?

Based on the survey carried out, the customer can receive the following documents from specialists:

a land survey plan containing information about exactly where the boundaries of the existing site lie;
cadastral passport of the site and territory plan;
a geodetic survey plan of the territory, which allows you to make an electronic plan of the object.

Every owner of the plot must have all these documents, since without them it will not be possible to conclude any transaction in relation to this property.

How is land surveying carried out?

Geodesy specialists will document it in the act. In order to delineate, engineers ask the owners of adjacent lands (if present) whether they agree with the progress of the procedure.

If no contradictions arise during the land surveying work, then based on the results of determining the perimeter, the created act must be signed by the following participants:

The owner or his authorized representative;
Owners of adjacent territory (if present);
Performers of geodesy work;
Representative of the district administration;

Shortly after this, a valid certificate will be available from a representative of the surveying company.

The nuances of drawing up a land surveying plan

The law on land surveying says that the most important document drawn up after this process is the survey plan. It includes the following data:

information about the land plot, represented by its address, area, purpose and other parameters;
the buildings existing on the territory are listed;
data on completed cadastral works are indicated;
information regarding measurements is provided;
rules for calculating various indicators are prescribed;
personal information about the customer is indicated;
information about the performer is entered;
a conclusion drawn up by an engineer after examining all the documents and the site itself is provided;
graphics and images of the site are included in the plan.

It is the boundary plan drawn up by professionals that serves as the basis for making changes to the Unified State Register of Real Estate regarding the size or other characteristics of the dacha plot.

Nuances for land in SNT

Land surveying in gardening is allowed. SNT are created to simplify the procedure for registering and using land. To carry out the process, you need to assign a certain cadastral number to the territory, as well as collect the necessary documents. Typically, land owners in SNT do not have any documents for their plots. In this case, you will have to restore them.

Most often, applications for land surveying are submitted by several members of such a partnership, which reduces the costs of the procedure.

Details about land cadastral registration

The state land cadastre and real estate cadastre did not arise out of nowhere. The land cadastre began to be maintained in its current form in 2001. Before this, accounting was also carried out, because plots were provided. And in order to fill the database and maintain the cadastre according to the new rules established by the law on the state land cadastre, an inventory of information about previously registered plots was carried out. At that time, the cadastral registration body was the committees on land resources and land management, later included in Rosnedvizhimost, and today in Rosreestr. The committees had very great powers in terms of drawing up documents certifying land rights; they also kept cadastral records, were engaged in land monitoring and land management. Their archives have not disappeared - huge funds of documents obtained as a result of land management, second copies of documents certifying land rights have been preserved. If you need to get something from what was previously issued by the committees or find out some issue related to the formation of a land plot at that time, or find some documentation, you need to contact the Rosreestr department for the Sverdlovsk region, which is the holder of this data fund. There is even such a state one, it turns out to be free of charge. So all documents on the formation, formation, and establishment of boundaries of plots that were created in the period from 1991 to 2009 are stored in the land management documentation data collections. All land plots included in the cadastre are divided into two groups: those registered according to the rules of the state cadastre and those registered before 2000, which, according to the rules of the law, were not taken into account, but information about them was included in the cadastre. It is necessary to understand that at present there are serious requirements for documents submitted for land registration, but previously information about registered lands was entered “as is”, that is, without strict requirements. The database may contain areas with inaccurate or unidentified boundaries, without graphic information, with inaccurate information about the area, with information about the category of land, type of permitted use, etc. that needs to be clarified. Very often, technical errors are identified when compiling lists of land plots at the time of inventory. Errors in information about the permitted use of land entail errors in the cadastral value of the land. “Therefore, if you find an inaccuracy in the document you need, you can contact the cadastral registration authority, which will eliminate it,” advises Olga Zarechanskaya . –

Plots with errors were included in the list in the 90s of the last century, and most often they are not full-fledged, despite the fact that they have a cadastral number and are registered. Information about them can be obtained, but it needs clarification.” Inaccurate information on plots that are registered in accordance with the “dacha amnesty” (gardens, vegetable gardens, land for garage and individual housing construction) is not an obstacle to the issuance of a cadastral passport. That is, even if their area and boundaries have not been established, it is possible to register ownership of them and formalize the transaction. If the plot is provided for other purposes, then a cadastral passport will not be issued, and there is no possibility of state registration and transaction with such a plot. However, such a plot is subject to accounting and taxation. The issuance of a cadastral passport and the completion of a transaction with it will become possible only after the characteristics have been clarified.

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Features for land for individual housing construction

If you plan to build a residential building on any piece of land, then land surveying is required. Without it, any constructed object will be recognized as an unauthorized construction.

Without drawing up a boundary plan for the land plot, it will not be possible to register the constructed property. Additionally, using this document, if necessary, you can divide the entire territory into several parts if it has several owners.

When carrying out land surveying in the territory intended for individual housing construction, standard actions are carried out by selected specialists. To do this, the customer requires a passport and title documentation. Only after completing the process is it possible to build any object or enter into a transaction, the subject of which is a land plot.

Is neighbors' consent required?

According to Federal Law No. 221, in order to carry out land surveying, the owner of the territory is obliged to enlist the support of the owners of neighboring plots. This is due to the fact that they are stakeholders. Therefore, they are sent a preliminary notification containing information about the date of the survey.

Neighbors may be present during this process in order to, if necessary, challenge certain information received by the specialist. Only in this case the possibility that territorial disputes will arise between the owners of neighboring plots is excluded.

If neighbors refuse to attend the land surveying procedure, then a preliminary survey act is generated, where the relevant information is indicated. Neighbors must approve the boundaries within the next month. If they repeatedly ignore the notices, the documentation becomes legally approved without their consent.

Responsibilities of a cadastral engineer

The profession of cadastral engineer appeared relatively recently. Despite the fact that provisions on the status of such specialists were officially introduced into legislation only in 2011, today they have a wide range of powers.

A cadastral engineer, whose responsibilities are not only to carry out certain special works, but also to ensure a certain degree of legality in this area, is one of the key figures in the procedure for recording and registering real estate.

Who is he and what does he do?

The main activity of a cadastral specialist is carrying out measuring work on land plots, as well as formalizing the results established by law in the form of delimitation plans.

All final documents are sent to the authorized state bodies for the purpose of entering into the database.

Thus, a lot depends on the accuracy of the engineer’s work, as well as on the reliability of the information reflected in his documents.

For this reason, not everyone can become such a specialist. Basically, people with special education work as cadastral engineers. But having an education is not the main criterion. The main thing is to pass certification in a Self-Regulatory Organization.

In addition to working with individual plots commissioned by private individuals, cadastral specialists are quite often involved in carrying out geodetic work at the request of government agencies. For example, when determining the coordinates of geodetic networks or clarifying the boundaries of cadastral blocks.

Engineers help individuals collect the documentation necessary for submission to certain authorities. Of course, their services are not free, and some of them are quite expensive.

Cadastral engineers are responsible for:

for the reliability of the information provided;
for the correct execution of documentation;
for timely submission of it to government agencies..

Their responsibility is high, since the work of such specialists has not only private legal, but also public significance.

Powers of a cadastral engineer

Despite the breadth of powers, cadastral specialists have a rather shortened list of rights.

Their status is regulated by the federal law “On Cadastral Activities”, Article 29.1 of which states that cadastral engineers have the right to:

Require that owners of land plots have access to these plots, as well as a list of documentation required by law for carrying out cadastral work.
Refuse from the contract agreement with the customer of cadastral work in cases where the customer violates the rules established by the agreement.
In cases where he acts as a supervisor of trainee engineers, he may refuse this responsibility if there are circumstances that prevent the exercise of leadership.

In addition to the powers specified in the law, cadastral engineers may have other rights, defined in job descriptions established by a private employer or SRO (self-regulatory organization) of the corresponding region.

A cadastral engineer has all the rights that are assigned to an employee in accordance with labor legislation.

Responsibilities of a cadastral specialist

According to current legislation, the rights and responsibilities of a cadastral engineer are not at all equivalent.

The above legislative norm also establishes a list of responsibilities of representatives of this profession:

Conduct your activities in accordance with the law and ensure that your work meets established standards.
The engineer is obliged to refuse the agreement to carry out work if the site specified in the contract does not correspond to the plot presented to him, as well as if the information from the documents submitted by the customer does not correspond to reality.
The engineer is obliged to refuse the contract in cases where the documents submitted to him by the customer do not comply with the form defined by law for this type of documentation.
The engineer is obliged to notify the customer of the impossibility of carrying out work for the reasons precisely indicated in the notification within three days from the day on which such reasons were identified.
Formalize your activities by obtaining a certificate, a seal of the established form indicating an imprint of your data, and also provide all the necessary information about your legal status at the request of the customer.
Collect, store and submit to the authorized body all plans drawn up during the cadastral work within the period established by law, or at the request of the authorized body.
Once every three years, undergo a special training program.
Promptly provide the SRO with information about the organizations with which the engineer enters into employment agreements.
Provide the SRO with all documentation on the progress of your professional activities for the purpose of checking it.
Other responsibilities that are determined by law or an agreement between the engineer and the customer, or other legal acts.

In addition, when carrying out certain types of cadastral work, such a specialist must perform other duties determined by the specifics of the work or standards specifically established for this type of work.

The internal rules of the enterprise where the engineer works may establish other obligations that do not contradict the norms of labor legislation.

How to become a cadastral engineer?

As already mentioned, the main condition for becoming an engineer is a certificate. The authority to certify cadastral specialists belongs to a special commission, which is established under each regional SRO. This commission includes only the most qualified and experienced specialists who evaluate the candidates.

However, before this, young specialists will have to undergo a two-year internship. But this is not necessary if the specialist has already worked for that amount of time in other specialties, for example, in the cadastral service. Once a candidate has sufficient experience, he must become a member of a professional association and pass a qualifying exam.

That is, the necessary conditions are:

education;
experience;
membership in SRO.

The main condition for carrying out the activities of an engineer is insurance. Without a compulsory activity insurance agreement, no specialist should be allowed to carry out work.

What documents does the engineer prepare?

The above-mentioned regulatory act, which regulates the activities of such specialists, outlines a list of documentation that the engineer is authorized to draw up and submit:

site demarcation plan;
technical planning;
documents necessary for deregistration of a construction project;
descriptive documents on the delineation of plots;
draft reconciliation of the site plan with the development plan;
evidentiary documentation necessary for the presentation of participants in legal disputes.

For each of these documents, the legislation establishes a special form in which they must be drawn up. Documentation that does not comply with the specified form has no legal force.

The fact that the documents drawn up comply with the established form is checked by the specialist himself, as well as by employees of the authorities to which they are submitted. In case of discrepancy, the document is sent back to the engineer to correct errors.

However, this does not mean that cadastral engineers have the right to make mistakes. More than 10 mistakes made can lead to liability, including deprivation of the right to engage in this activity.

Each document drawn up must have the signature and seal of the specialist who compiled it. This serves as confirmation of the engineer's responsibility for the work he has done. Without the specified details, the document is also considered invalid.

Since modern technologies allow correspondence to be processed electronically, engineers are also required to have an electronic sample signature. Such a sample is issued to them by a specially authorized body. A prerequisite is to protect the signature from outside interference using special computer technologies.

Engineer job requirements

Most may come to the conclusion that having the appropriate education and permission is enough for a cadastral engineer to carry out his professional activities without hindrance. However, it is not. Each specialist, in addition to receiving qualification documents, must carry out work in accordance with legal requirements. Otherwise, he will very quickly lose his place.

Since the main activity of an engineer is to carry out measurements, the main requirements are imposed specifically on these processes.

To do this, the engineer must have tools specially designed for such purposes, which:

meet state standards;
passed the certification procedure in accordance with the established procedure.

Unfortunately, not all specialists adhere to this rule. Many of them, in order to ease their burden and speed up the work process, instead of taking measurements using the specified equipment, use other methods: copy existing plans, use calculations at certain points. This attitude towards work is considered unacceptable.

Each plot of land, regardless of the presence of previous versions of plans, must be re-measured upon receipt of an order.

This procedure is called clarifying the boundaries of land holdings. The use of previous versions of plans is permitted, but only as a comparative basis for new measurements.

The engineer’s lack of special equipment deprives him of the opportunity to carry out his activities. After all, an examination of the engineer’s tools is carried out annually, and if faults in the equipment or lack thereof are discovered, then all the work done by the engineer during this period will be called into question and, possibly, invalidated.

Engineer's Responsibility

As already mentioned, specialists are responsible for mistakes made during their work. Responsibility is individual. That is, regardless of whether a specialist works in a private office or is an individual engineer, he himself will bear responsibility.

The engineer's responsibilities may be as follows:

administrative;
professional;
property.

The administrative responsibility of an engineer is determined according to strictly established standards in legislation. In this case, the specialist may be subject to a fine.

Professional responsibility is described in the documents of the SRO. The issue of bringing engineers to such responsibility is decided by the qualification commission.

As sanctions, an engineer may be deprived of the right to engage in professional activities either for a certain period or indefinitely.

As for property liability, this issue is resolved in a private, legal manner. In most cases, damage caused by a cadastral specialist is compensated by insurance payment under a compulsory insurance contract. Since the expected damage as a result of a specialist’s mistake can be enormous, up to millions of rubles, the total amount of the insurance payment cannot be less than 2.5 million. The engineer bears all insurance costs himself.

Thus, this profession is not only attractive for its profitability, but also to some extent repulsive for its complexity and amount of responsibility. This kind of work requires not only professionalism, but also attentiveness to your work and the ability to plan your work day.

Source: https://ZhiloePravo.com/kadastr/inzhener-obyazannosti.html

Responsibilities of a cadastral engineer

Is land surveying allowed without the necessary documentation from the customer?

Often, owners of different territories cannot confirm their ownership of this property, and also do not have different permits. They may not be formalized initially or lost over time.

It will not be possible to carry out land surveying even without one piece of paper. Therefore, owners of such sites should prepare for a rather long and complex process of document restoration. Basic documents can be obtained from the BTI, but often you have to go to the archives of a certain region. Additionally, you will have to resolve various conflicts that arise with the owners of neighboring plots, who have different documents for their property.

If a citizen really does not have documents for real estate, then the land surveying procedure can drag on for several months, and often even takes six months.