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.
Duplicating the cadastral number - what to do?
Duplication of cadastral number is a situation when one building or premises is assigned several identification numbers. Most property owners are not even aware that such a problem can exist.
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And if they find out about it, they are in no hurry to solve it
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At the same time, the situation can lead to many unpleasant consequences. For example, local authorities will begin to dispose of your building or premises at their own discretion, or the notary will not be able to draw up a contract of gift and inheritance. How to solve the issue with duplicate objects, we will look at in our article
. If you have problems preparing documents for a sale or other transaction, seek advice from an experienced professional.
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.
What does previously registered land mean?
As the law explains (Article 69, 218-FZ), previously registered land plots and other real estate are recognized as:
- Real estate that was legally registered by the state (put on technical or state registration) before March 1, 2008;
- Real estate objects for which rights are registered in the Unified State Register of Real Estate, and which are assigned a conditional number in accordance with 122-FZ of July 21, 1997.
- Plots for which rights arose before 1997 (before the adoption of 122-FZ) and cadastral registration of which has not yet been carried out.
The status of a site previously taken into account is assigned if your site falls under one of the above criteria. Is cadastral registration necessary for previously registered real estate properties? Let's turn to the current legislation.
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.
Features of cadastral registration of previously registered real estate objects
So, everyone has the right to apply to Rosreestr to carry out cadastral registration of previously registered land plots, through the MFC or government services. This requires:
- fill out an application (form approved by Order of the Ministry of Economic Development of Russia dated December 8, 2015 No. 920)
- provide documents (passport, document confirming the right to a land plot, etc.).
The deadline for cadastral registration of previously registered real estate is 5 working days . The service is not subject to state duty .
Here you should pay attention to the fact that before going through the cadastral registration procedure for a previously registered land plot, most likely you will need to contact a cadastral engineer to prepare a boundary plan and determine the boundaries of the site (an online catalog of cadastral engineers will help you find one in your region, and the price for their services can be found using the online land cadastral work calculator). Otherwise, cadastral registration will be suspended (Article 26, 218-FZ) due to the fact that information on the area of the plot is not specified or for other reasons (there are more than fifty of them in the law).
When selling, exchanging, or donating a previously registered land plot, it is necessary to register the transfer of ownership rights. To do this, the owner submits an application for registration of the right in the prescribed form, pays the state fee, provides the necessary documents (the list of documents depends on the specifics of the transaction) and waits 7 working days. At the same time, the grounds for suspending the registration of a transaction are also established by Article 26 of the law. Whether the registrars will “miss” the transfer of rights to another owner of the land plot is an open question; it all depends on the data about this plot contained in the Unified State Register of Real Estate.
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.
Conditions for combining land plots
The provisions of land legislation indicate various situations in which a cadastral specialist can carry out the association of land holdings.
Before you begin preparing the papers necessary for this procedure, find out in advance whether your situation relates to those listed by the legislator:
- plots are characterized by the same type of permitted land use and belong to the same category. This means that, for example, it is possible to connect plots intended for gardening or provided for agriculture;
- As an essential point, the legislator highlights the need for the merged plots to belong to a single entity or territorial entity (city, village, other populated areas). Thus, if three plots are located within the Novosibirsk region, then there will be no difficulties. And if one section is located in Novosibirsk, and the rest are in Kuibyshev, then connecting such sections is impossible;
- a significant limitation is that the parameters of the created plot must meet the maximum size requirements. Typically, the subjects of our state independently establish these standards, and some municipalities do not provide for restrictions at all;
- turning points must be set clearly according to standards. This implies that it is not possible to connect lands located within, for example, water and forest zones. Merging is possible only for areas with turning points and established boundaries, data about which is contained in the Unified State Register of Real Estate;
- lands that are in perpetual use or lifetime inheritable ownership must be exploited by one person.
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.
What to do if a duplicate is detected?
Duplication of the identifying code of a land plot can be detected by requesting an extract from the Unified State Register of Real Estate or by using the “Reference information on real estate online” service on the Rosreestr website. Read about why you need an extended extract from the Unified State Register of Real Estate for a land plot and how to get it here.
If there are duplicate numbers, you must submit an application to the state cadastral registration authorities. Cadastral authority employees cannot delete the “extra” code; they assign it the status “archive”
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In any case, you must first contact the Rosreestr office. If a duplicate identification code occurs as a result of a technical error, specialists can correct the data themselves.
In most cases, this procedure is carried out only by decision of a judicial authority. Consideration of a claim usually takes about a month.
Despite the apparent frivolity, doubling the cadastral number of a land plot can lead to serious problems (read all about the cadastral number of a land plot here). Starting from claims from the local administration, which can register a duplicate property in its name, to the refusal of Rosreestr specialists to formalize various legal transactions with real estate.
Therefore, if a duplicate land plot code is detected, it is necessary to contact the cadastral authorities to correct this error. In case of refusal, you must send a statement of claim to the court at the location of the land plot.
