For two cadastral numbers on one plot of land, a tax may be received to pay for 2 plots. How to correct the situation and where to go – all the details are in this material.
Why do you need a cadastral number?
It is a digital combination and is registered in the Russian Register, and it cannot be changed during the entire life of the site. Objective information it contains:
- VRI – type of permitted use.
- The actual position of the land plot and the total number of hectares.
- Information about economic entities.
Without this (identification) code it is impossible to sell, exchange, give as a gift or make other transactions. This condition applies not only to the site, but also to other objects that are located on it.
According to judicial practice, the lack of data on the current cadastral number is not a stumbling block when transferring a land plot by inheritance.
How to solve the problem of 2 cadastral numbers for 1 plot
Authorized employees of the territorial cadastral service are responsible for assigning the identified number. To resolve this issue, you should contact the local Rosreestr office at the location of the land plot and request that they receive an extract about this property.
This can be done by personally contacting the Rosreestr, but you must already have a ready-made application and a receipt for payment of the state fee (about four hundred rubles). The waiting period for a response is almost a month, but may be slightly less, depending on the efficiency of the employees.
Additional options
In addition to personally contacting the Rosreestr, there are also remote options. These include the following communication methods:
- Intermediary services. If you turn to an intermediary for help, the cost of his services is around 1,200 rubles. The final amount depends on the urgency of the procedure, but this does not include payment of the fee, this is a separate payment.
- Official portal of the state register. The fee = 150 rubles and plus another commission for using the payment system. The waiting period for a response here is only 5 working days, instead of 20, if you contact the Rosregister in person.
The information presented in the extract must be based on an objective sequence of subsequent actions.
Article 8. Real estate cadastre
- the features and characteristics of a land plot or object have changed (several have been combined, divided into parts);
- in any other case when the object is not registered.
To obtain a registration code, you must contact Rosreestr, the Cadastral Chamber or a multifunctional center with the following documents: Document Features Application for registration On behalf of the owner Passport of the owner Original and copy Document on ownership Original and copy (example: deed of gift, will, sales contract , etc.) Receipt for payment of state duty It is advisable to make a copy Power of attorney Certified by a notary, in case the issues are not dealt with by the owner of the property Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
Reasons for double counting
Similar errors arise when using 2 options for registering a real estate property:
- Registration of new sites in the register since 2013. And this factor is the most common explanation for why one plot of land has 2 cadastral numbers at once.
- Uploading into the general database of land plots until 2013 in the BTI and technical inventory. Duplication of the number could have occurred due to the accounting of the object under different codes, which differ slightly in address.
- Inconsistency with the information present in the original documents. That is, a mistake was made on the part of the specialist, or a failure occurred in the system. Therefore, the data was lost.
It doesn’t matter for what reason the mistake was made, you need to start correcting it. Otherwise, the tax service will receive more than one payment for 2 plots. Therefore, this issue must be resolved immediately.
To check whether a plot of land is registered in the cadastral register, as well as to find out complete information about it, you can use a public map. Order an extract through the government services website, it is paid, all conditions are stated on the official resource. The second cadastral number is indicated through a fraction; by this sign you can immediately identify the problem.
How to find out a defect
Administrative authorities, interested neighbors and the owners themselves can identify the unreliability of the specified data. This error occurs in the following cases:
- Entering new data into cadastral information.
- Obtaining an extract from the Unified State Register of Real Estate.
- Registration of the site, or its removal.
- Receive a receipt from the tax office.
- If disputes arise with neighbors.
Government employees may discover an error on their own when drawing up a notification.
Doubling of real estate objects. Duplicate information in the Unified State Register of Real Estate
Each property must be assigned a cadastral number, which is unique and unchangeable. If it happens that the Unified State Register contains several objects with different cadastral numbers, this means that the information has been duplicated and there is a “double object”.
Why might this happen? In connection with the reform of cadastral registration of capital construction projects at the end of 2012, when the function of recording real estate objects was transferred to Rosreestr, BTI and Rostekhinventarizatsiya transferred their information about the objects described and recorded by them: technical passports, explications and floor plans, to the cadastral chamber.
The Cadastral Chamber assigned a cadastral number to each building and structure. And if the building was registered both in Rostekhinventarizatsiya and in the BTI, then in the database of the state real estate cadastre (now the Unified State Register of Real Estate) the building was also registered twice, under different cadastral numbers. Sometimes the information in institutions differed; in some cases the difference was only a few square meters of area, and sometimes - several floors. Which led to duplication of information.
What could be the danger of having an object - a duplicate in the Unified State Register of Real Estate?
- Rosreestr may refuse or suspend cadastral registration and registration of rights, for example, during division or merger or during a purchase and sale transaction;
- a local government body may dispose of a duplicate object at its own discretion, as an unclaimed object;
- a bank can refuse a mortgage, and a notary can refuse to formalize an inheritance or transaction.
What needs to be done?
If you find this, you need to remove such a property from the cadastral register. To do this, submit an application to Rosreestr to correct the technical error.
Technically, this happens by assigning the duplicate object the “archive” status. If the objects have completely identical characteristics, the duplicate object is immediately removed from the register. If one of the characteristics differs (area, number of floors, year of construction), then the issue is submitted to the working group for consideration, and requests are made to various authorities for identification.
Rosreestr tells how to check whether your object has a duplicate. Through the “Online Help Information” service (https://rosreestr.ru/wps/portal/online_request) on the Rosreestr website. The “correct” cadastral number of the property is linked to the registered rights. To find out, fill in the rights registration record number in the “Rights/Restrictions” field. The cadastral number of the found object is the main one.
If at the address of the object or on the public cadastral map there are objects with different cadastral numbers, these are duplicates.
We advise you to check your properties!
Or write to us and we will check it free of charge.
Consequences
Duplicating the cadastral number can lead to problems with the local administrative authority. If the land is pledged to a credit institution (Bank), all sorts of troubles may also arise here.
Having 2 cadastral numbers for one plot of land at once is considered illegal, and this factor can promise annoying consequences for the owner. But often such an error is not related specifically to the owner, because he does not carry out cadastral procedures himself, but turns to authorized organizations. And often, he himself may not even know about it until the payment arrives from the tax authority. There must be an immediate response to this situation.
How to cancel
Once we have identified this problem, we begin to fix it. To do this, the owner of real estate should submit an application to the cadastral registration authorities. Since it is impossible to cancel the “extra” code, it is assigned the value – archive. The whole process begins with a visit to the Rosreestr. If the cadastral code was doubled due to the fault of a specialist, they can immediately correct this error.
Judicial practice confirms the fact that in most cases, owners are forced to defend their rights in court. Because Rosreestr specialists may refuse to initiate this process. And only on the basis of the resolution, a procedure is carried out to eliminate the excess identification number of the land plot. It takes about one month to receive a decision.
Fraud in the sale of apartments. Everyone should know this!
Apartments are the most favorite real estate items among scammers.
And since an ordinary citizen of our country has to save for an apartment for at least several years, falling for the scammers’ bait when buying an apartment and losing all your savings is a great grief.
In this article, we will look at the most common fraudulent schemes when buying and selling an apartment and tell you how to protect yourself as much as possible from the actions of criminals.
Power of attorney
If you are buying an apartment, and the interests of the seller are represented by a person by proxy, you should be very careful. Nowadays powers of attorney are often forged
or
use a previously revoked power of attorney
.
To verify the authenticity of the power of attorney, we recommend checking it on the website of the Federal Notary Chamber. This can be done in 5 minutes using her details, even from the phone at the first meeting with the seller.
Or look up the name of the notary who issued the power of attorney, find his phone number on the Internet using a search engine, call and ask to confirm the validity of the power of attorney by providing him with its details.
Repeated apartment sales
When selling an apartment again, scammers most often use the certificate of ownership
, since when submitting documents for registration, the certificate of ownership
is not transferred to the registrar in Rosreestr
.
Having shown you such a certificate when inspecting the apartment, the scammer asks for an advance payment in order to “book” it for you and remove it from sale. However, the owner of the apartment may be a completely different person who, for example, bought it a month ago. Naturally, after making an advance payment, you will no longer find the fraudulent seller.
How to protect yourself? Ask the seller to show an extract from the Unified State Register of Real Estate about the property. The fresher it is, the better.
Ideally, its statute of limitations is 1-2 days, it is valid at the time of issue.
If the seller does not want to provide it, look at the cadastral number of the apartment in the certificate and order this extract yourself (any person can order it) at the MFC or on the Rosreestr website in electronic form. If your seller is listed as the owner in the statement, feel free to make an advance payment, the likelihood of fraud is reduced to zero.
Selling an apartment on behalf of an incapacitated person
In most of these cases, when an apartment is sold by proxy, there is a risk that the transaction will subsequently be declared invalid.
It is better to refuse such a deal. If you really like the apartment, then ask a relative of the incapacitated person to register it in their name, after which you will buy it. You can even offset some of the costs of these actions.
Sale of an apartment with tenants having a lifelong right to reside in it
If this apartment is privatized
, then people who lived in it, but refused privatization,
have the right to live in it for life
. Often, when privatizing an apartment in which a family lives, it is registered as the property of one member; the rest refuse privatization in his favor in order to save on registration costs.
Fraudsters often take advantage of ignorance of this fact. After the sale of real estate, persons who have this right appear and are forced through the court to move into this premises.
In this case, a separate clause should be written down in the purchase and sale agreement stating that the seller guarantees that there are no residents in the apartment who have a lifelong right to reside in it.
In case of a dispute, the truth will be on your side.
Lowering the price in an apartment purchase and sale agreement (the most common method)
Fraudsters may ask you to write a smaller amount
in the purchase and sale agreement than it actually is, in order to avoid paying tax.
However, then the purchase and sale agreement is declared invalid for various reasons and only the amount specified in the agreement is subject to recovery. The false seller has no property, recovery is impossible.
Buyers are left without an apartment and without money. Always indicate the full amount of the transaction, and require the seller to draw up a receipt.
Selling without spouse's consent
A fraudulent seller sells an apartment purchased during marriage without the consent of the spouse. Then the spouse who disagrees with the sale goes to court and the contract is declared invalid by the court.
, the funds are subject to return, the latter, most often, are not available to the debtor.
These are the most common fraud schemes. Fraud (Article 159 of the Criminal Code of the Russian Federation) is the theft of someone else’s property or the acquisition of rights to someone else’s property through deception or abuse of trust. Punishable by imprisonment up to 10 years.
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