Is it possible to get a cadastral number without land surveying?

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Published: March 18, 2017

Reading time: 10 min

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In the Russian Federation, the issue of land ownership has always been extremely acute for the public and the state, since there is a lot of land and it needs to be used correctly.

Despite the fact that the legislation quite comprehensively describes all the rights and obligations of owners and lessors of land plots, land disputes still break out from time to time between the owners of neighboring plots.

In our article we will describe in detail the legislative norms that affect the issue of land surveying, and also explain whether it is necessary to carry out land surveying if you already have a cadastral passport.

Land surveying is a procedure carried out by cadastral engineers to accurately determine the boundaries between land plots. Land surveying is closely related to geodesy, which is carried out on various plots of land.

Cadastral passport is a document with technical characteristics that is issued to the owner of a land plot when the plot is registered with the state.

Old cadastral passports do not always contain data on the survey carried out, because previously, according to the law, they were issued without this procedure. In the future, this led to frequent confusion with the imposition of one land border on another and, as a consequence, land disputes.

Legislation
Is it necessary to carry out land surveying if a cadastral passport has already been issued?
Why carry out land surveying if the cadastral passport was issued earlier?

Documentation

Preparatory steps for the procedure include:

identifying the boundaries of the site, taking into account title documents;
request for data from the State Property Committee for plots (certificate of restrictions, copy from the General Plan);
verification/analysis of information from the land registry;
informing neighbors about land surveying (in writing).

In order to determine the exact coordinates of the site , the owner provides:

identification document/power of attorney for the person representing his interests;
documents of a title nature (certificate of ownership, agreement on purchase and sale, donation, court decision, will, acts of municipal authorities on the allocation (provision) of land);
documentation of a technical nature (cadastral plan/extract, certificate from the BTI, copy of a plot, cadastral plan of a property located on the land or a certificate of absence of buildings);
a document confirming the presence/absence of encumbrances;
application of the established form.
extract from the Unified State Register of Individual Entrepreneurs.

The cadastral passport is not attached to this list.

All documents must be submitted in originals . If the specified information is inconsistent/contradictory, it is necessary to make adjustments, after which you can begin the land surveying procedure.

It is recommended to order technical documentation in advance from the territorial divisions of the BTI in order to speed up the process of obtaining a boundary plan.
If the applicant is a legal entity, then an additional list of documents will be required (power of attorney to represent interests from a company/institution, certificate of state registration/tax registration, charter of a commercial structure).

What is the difference between a cadastral plan and a boundary plan?

A boundary plan is a document - the result of geodetic and land management work of cadastral engineers. The purpose of creation is to secure or establish the boundaries of a plot of land on the ground. It is drawn up on the basis of an act of approval of boundaries and a cadastral extract.

The lack of a boundary plan for the owner becomes an obstacle to obtaining the main document for ownership of a private household with land - a cadastral passport. This, in turn, will make it impossible to register any transactions with this land plot in Rosreestr.

Land plan

The size, boundaries, area and size of the plot are determined by specialized organizations that have a license to carry out land management and geodetic work .

At the final stage of land surveying, the plot is assigned coordinates through which the exact location of the object can be established. Information about determining the boundaries of the plot is entered into the boundary file: the results of the procedure are the basis for the delivery of the plot to cadastral registration .

Upon completion of the work, a boundary plan is developed (in text and graphic format). The document is drawn up based on the results of determining the size, area, boundaries of the site, as well as data from the cadastral extract.

The survey results are described in detail in a separate article.

The object is assigned an individual cadastral number, and data on it is recorded in the state register.

At the final stage, the owner receives a document indicating the boundaries of the allotment.

What is the difference between a town planning plan and a cadastral passport?

But still, the validity period of the boundary plan may expire and this happens for one reason. If changes have occurred on your land plot related to an increase or decrease in boundaries, allocation, division or amalgamation, changes must also be made to the boundary plan. Thus, the validity period of the boundary plan ends when you make changes to your land allotment. Parts and sections The boundary plan is a document that has a clear structure established by law. So, the boundary plan itself is divided into two parts. The first contains textual information, the second contains graphic information. These parts, in turn, are divided into sections, which are worth talking about in more detail. The text part is divided into a large number of points that contain basic information about the site. So, in the first paragraph, the initial data about the land plot is indicated.

Conclusion As you may have noticed, drawing up a boundary plan is a lengthy but entertaining process. You yourself will learn something new about your site, for example, information about its boundaries. Today, a boundary plan can be obtained in record time, but ten years ago this procedure would have taken months. But it is better not to delay the procedure for drawing up a land surveying plan.

Information in the cadastral passport

The cadastral passport is issued by employees of the state real estate cadastre and contains the main characteristics of the land plot.

The passport reflects the following information :

who is the owner of the property;
dimensions, location, area;
category of land;
special purpose;
date of registration in Rosreestr;
cadastral value;
coordinates on the map;
diagram and satellite view;
presence of encumbrances (easements);
data of title documents;
boundary lines and turning points.

The specified information is contained in the new sample document . In the “old” CP only some points are included.

Information about the contents of the document is described in detail here.

Structurally, the CP consists of 5 sections :

B1 (general data: cadastral number, owner, date of registration in the Unified State Register of Real Estate);
B2 (graphic component: diagram (plan) of the facility, drawings of structures and buildings located on the land plot);
B3 (information about encumbrances);
B4 (borders indicating dimensions and angles);
B5 (detailing of turning points within the boundaries of the object).

Differences between a cadastral plan and a cadastral passport

The differences between KP and KPL are that KPL is part of KP. Therefore, the CP contains much more information about the land plot, that is, along with information about the location and boundaries of the site, the CP contains information about the owner, area and cost of the land plot, its encumbrance and restrictions, for example, an easement.

Until 2008, the main document issued to the owners of land plots was the cadastral plan (CPL). Since 2008, a cadastral passport (CP) was introduced, which contained a lot of information about land plots. At the same time, the cadastral plan became part of this passport. The basis of this documentation was Law No. 221-FZ of July 24, 2007 “On Cadastral Activities”.

Relevance of the procedure if you have a passport

There is no mandatory procedure for land surveying yet.

Exceptions include cases where there is a need :

registration of registration documents for the object;
sale, lease, donation of an object;
selection (delimitation) of an object from the array of neighboring territories;
organization of capital construction at the site;
combining several objects into one/dividing one object into several separate sections;
enter into disputes over the ownership of objects.

The procedure for registering a land plot without land surveying

Contact the specialists of the Rosreestr department or the multifunctional center of public services. Documents can be submitted electronically. Use the website gosuslugi.ru. The application is filled out using your passport. When registration is entrusted to a representative, a power of attorney will be required. The power of attorney is certified through a notary office. The package of documents can also be sent by post. We recommend sending documents by certified mail with acknowledgment of receipt.

The second compelling argument for staging without land surveying is time. In the event of disputes with neighbors, the work may well take up to twelve months. The transaction can be completed without land surveying work. The law gives owners the opportunity to choose whether to contact surveyors or not.

How to register a land plot with cadastral registration? Arrangement order

Having solved the problem under consideration - how to register a land plot in the cadastral register, its owner will also have to issue a new certificate for the property. This procedure can be carried out after the new cadastral passport of the site is received by the person who interacts with Rosreestr. In accordance with the legislation of the Russian Federation, the certificate in question must be issued within 2 years after receiving a cadastral passport for the site, otherwise this property may be excluded from the state register.

We recommend reading: When donating an apartment, what documents are needed?

So, we have studied how to register a land plot in the cadastral register - yourself or, for example, through a representative with a power of attorney. For this purpose, a general mechanism for registering real estate objects or a so-called dacha amnesty may be used. In the second case, the set of documents presented by the citizen to Rosreestr, the agency that carries out cadastral registration of land plots, can be represented by sources issued in the years when other legal norms were in force, in accordance with which the citizen’s right to use the plots was confirmed.

Purchase and sale of land without surveying

At the same time, the refusal to issue a cadastral passport of a land plot and the provision of a cadastral extract about a land plot on the basis and in the manner established by parts 12 and 13 of Article 45 of the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” is not the basis for refusal to make a decision on the provision of a land plot and the conclusion of a purchase and sale agreement or a lease agreement in relation to such a land plot in the manner established by this paragraph.

A change in the area of a land plot, the rights to which have been re-registered in accordance with paragraph 1 of this article, as a result of clarifying the location of its borders is not the basis for satisfying the demands of the seller or buyer to change the price paid for such a land plot. GARANT system: base.garant.ru /12124625/#ixzz348YrkhkB

Registration of a land plot for cadastral registration

The cadastral value of objects is regularly reviewed. Therefore, if you decide to make a transaction with a land plot, it must be entered into the cadastre and registered as ownership in order to complete the transaction on favorable terms. This is especially true for lands with permitted use for individual housing construction .

The cadastre contains information about plots of land with the specific characteristics of each of them. To register a plot of land for cadastral registration, an adult owner with a package of documents must contact the Rosreestr department at the place of territorial affiliation. This can be either an individual or a legal entity.

Registration of a land plot for cadastral registration

Collect evidence confirming the fact of legal ownership of the site. To do this, you need to contact the regional cadastral chamber and obtain cadastral extracts, and also check whether the neighbors have territorial claims to the land being used, and whether there are other claimants to the land - the land should not be surveyed, owned or leased.
Establish the exact boundaries of the site and draw up a boundary plan with the help of a cadastral engineer. If the site is previously taken into account, then its boundaries do not need to be specified. The drawn up boundary plan is included in the necessary package of documents required for transfer to the cadastral registration authority and adding new information about the land plot.
Submit all collected documents and receive a cadastral passport.
After receiving the cadastral passport, contact the territorial division of Rosreestr and write an application to add updated data to the Unified State Register. Upon successful completion of the procedure, the owner must receive a document confirming the registration of rights to this plot.

Land surveying and drawing up of the boundary plan are carried out by cadastral engineers who have the appropriate certificates to carry out this activity. A cadastral engineer can be either an employee of a geodetic company or a person engaged in this activity as an individual entrepreneur.