On the grounds for suspending the implementation of state cadastral registration

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Published: 07/19/2017

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In accordance with Law No. 218-FZ “On Real Estate Registration”, the right of persons to own real estate, including a land plot (ZU), is confirmed by the registration of such right in the Unified State Register of Real Estate. In this case, it is necessary that this plot be registered in the cadastral register.

• Cadastral registration
• Why is cadastral registration suspended?
• Who makes the decision to suspend
• What needs to be done to renew cadastral registration of a plot

Grounds for suspension of cadastral registration and state registration of rights

The most common reasons for suspension notices are:

1. There is no coordination of construction with the airfield area. At the beginning of 2021, Rosreestr prepared a draft Federal Law on the abolition of construction approvals from the Federal Air Transport Agency. The adoption of the law is planned for spring 2021. However, at the moment, Rosreestr issues many suspensions when registering a house for cadastral registration due to the fact that the house is located on land near the airfield. This is the name for a zone with special conditions for the use of territories; it is established for the safety of aircraft flights, the long-term development of airports, and the safety of life and health of citizens. More than half of Moscow region summer residents fall into such a zone; it extends over a 30 km radius from the airport. You can find out how to coordinate the construction of a house with the Federal Air Transport Agency on the website of the administration of the municipality that includes the airport.
2. The act of approval of boundaries was drawn up incorrectly. When preparing a boundary plan to clarify the boundaries of a land plot, the owners of neighboring plots must go through the procedure for approving the boundaries, the result of which is an approval act. It is a mandatory part of the boundary plan and is necessary to ensure that the rights of neighboring owners are not violated. The act, like the boundary plan, is drawn up by a cadastral engineer; a list of surveying companies can be found here. More details about the procedure for approving boundaries are described in the article “Do I need a neighbor’s consent to survey a land plot in 2021?”
3. Cadastral (registry) and technical errors. In accordance with Article 61 of Law No. 218-FZ of July 13, 2015, errors made during cadastral activities are divided into technical and registry. Technical errors include clerical errors, typos, grammatical or arithmetic errors that Rosreestr made when entering information into the Unified State Register of Real Estate. Registry errors are errors made by a cadastral engineer; they are contained in a boundary or technical plan, geodetic measurements, a map plan of the territory or a survey report. Such errors can be identified when real estate is registered in the cadastral register. For example, when registering a plot of land for cadastral registration, it is revealed that the border of a neighbor’s plot overlaps your land plot. You can also detect an error by ordering an extract from the Unified State Register of Real Estate for the property. More information about cadastral errors is written in the article “What is a cadastral error and how to correct it.”
4. The disk does not open. Often, Rosreestr suspends cadastral registration due to the fact that the disk that the cadastral engineer prepared and handed over to the owner is not readable. In this case, you need to contact the contractor who prepared the boundary or technical plan, and he will issue a corrected disk.
5. Documents submitted for state registration do not comply with legal requirements. For example, the form for registering an agreement does not comply with the law, and the power of attorney was drawn up incorrectly.
6. Not the entire package of documents has been submitted for state registration of rights. A complete list of documents required for state registration can be found on the Rosreestr website.
7. The apartment is encumbered or seized. In this case, before the transaction, you should order an extract from the Unified State Register of Real Estate. The problem is that the information in them quickly becomes outdated and encumbrances can be imposed immediately after receiving the extract.
8. Rosreestr did not receive information as part of interdepartmental interaction. Rosreestr itself requests some information from government agencies; it often happens that they simply did not have time to provide the information on time, then registration is forced to suspend until the documents are received by Rosreestr.

Period of suspension of cadastral registration

Federal Law No. 218 contains a list of grounds on which cadastral registration can be suspended (there are more than fifty of them in total). If within the prescribed period the applicant has not eliminated the violations specified by the authorized body, registration of the property is refused.

The period for suspension of cadastral registration is:

• Three months. This period applies if the decision is made by the state registrar. Exceptions are grounds that are characterized by different deadlines.
• Six months. This period of suspension of registration is relevant for a situation where the initiator is the applicant.

The basis for suspension of cadastral registration (at the initiative of the owner) is an application. It indicates the reasons why the decision was made.

If the submitted application does not contain information about the period of suspension of cadastral registration, the default period is six months. The application is submitted by an authorized person and taking into account the current procedure.

Suspension of state registration due to encumbrance or alienation of a residential property in the case when the purchase of real estate is carried out using credit funds is allowed only if there is a mutual statement of the parties. In addition, a paper is submitted confirming the lender’s approval to carry out such actions.

According to the law, suspension of state registration of a mortgage is possible only if there are statements from all parties.

What to do if a suspension comes

After receiving the suspension from Rosreestr, it is necessary to eliminate the reason. To do this, you need to contact the cadastral engineer who prepared the boundary or technical plan, he will help you understand the reason for the suspension and eliminate it.

After correcting all comments, it is necessary to submit the package of documents again to Rosreestr. In order to avoid new grounds for suspension, you can attach a previously received notice of suspension of state registration or cadastral registration.

If within the required 3 months it is not possible to eliminate all the reasons for the suspension, then state registration will be automatically denied. However, at the request of the owner, the suspension period can be extended by 6 months.

After eliminating the reasons for the suspension, the resumption of work is carried out within 3 working days after Rosreestr receives documents confirming the elimination of the reasons.

What to do if cadastral registration is suspended - algorithm

If, when considering an application for registration of property and transferred documents, a decision is made to suspend registration, the applicant is given time to eliminate the shortcomings (maximum period up to three months). After receiving the decision and the reasons for the suspension, the first thing the applicant should do is go to the cadastral engineer.

The expert helps to finalize the documents and eliminate the reasons that served as the basis for suspending cadastral registration.

Expert opinion

Borisov Georgy Mikhailovich

Lawyer with 10 years of experience. Specializes in criminal law. Law teacher.

To speed up the resolution of the issue, it is recommended to attach additional papers to the previously submitted application. With this approach, it is possible to avoid new comments that the cadastral authority employees were previously unable to identify.

If the above actions do not bring results, according to Federal Law No. 218 (Article 29), the applicant has the right to appeal the decision through a judicial authority. The procedure for performing such work is prescribed in the Federal Law under number 221, article 26.1.

It states here that an appeal is available to the owner or his representative, as well as to the cadastral engineer. The latter prepares a plan (survey, technical) or an inspection report.

The papers are submitted along with the application for cadastral registration or state registration of rights to the commission dealing with appeal issues.

Filing a claim in court is only possible if the appeal stage has been completed with the involvement of an appeal commission. To start the appeal process, the applicant (his representative) or an engineer of the cadastral authority must fill out an application and submit it within 30 days from the date of the decision to suspend cadastral registration.

The application is submitted in one of the following ways:

• In writing. This option involves visiting the authorized body in person and submitting a completed application.
• By mail. When choosing this method, an inventory of investments is required, as well as information about delivery.
• Through the Internet. A popular method of transmitting applications is electronically via the global network. Necessary actions are carried out through the government services portal.

The application for appeal must include the following information:

• Information about the applicants (full name), address, contact telephone number and e-mail. If a company (legal entity) is involved in the appeal, indicate the name of the company, address, contact number, and e-mail.
• Information about the cadastral authority engineer who made the plan (landmark, technical) or survey report. In particular, the full name of the specialist and the personal number of the personal account in the pension insurance of the Russian Federation are indicated.
• The day and number of the application submitted to the registration authority to eliminate problems related to the suspension of cadastral registration.
• Number of the decision on suspension and day of issue.
• Applicant's justification. The person must provide personal reasons why the negative response of the authorized body does not comply with current legislation.

If the application submitted to the appeal commission is drawn up on paper, the signature and full name of the initiator is required. In the case where a representative is involved in the above-mentioned issue, a power of attorney from a notary is required. When submitting an application electronically, the document is signed using a digital signature (EDS).

An application received by the appeal commission is considered within a 30-day period. The result is the following solutions:

• Refusal to accept an application to appeal the suspension of cadastral registration. This is possible if the application was submitted with obvious violations during the registration process.
• Rejection of an application in a situation where the appeal commission found the suspension of state accounting to be justified.
• Acceptance and approval of an application when the suspension of accounting is considered unfounded.

If, based on the results of the application, a positive decision is issued, cadastral registration is carried out within the time limits established by law. In case of refusal, submitting an application again is prohibited (if we are talking about appealing a similar decision).

Situations are possible when a decision to suspend is made in relation to documentation submitted for state registration of property rights. In this case, the application is submitted to one of two types of courts (general jurisdiction or arbitration). This is given for a period of up to 3 months from the moment the person learned about the violation of his own interests.

Features of making payments during the period of restriction of account use

To suspend transactions on an organization’s accounts, the tax authority makes an appropriate decision and sends it to the bank where it has an account.
The organization is given only copies, but not the originals, of decisions to suspend and cancel the suspension of these operations. A reasoned justification for the need to “block the account”, as well as a mandatory preliminary ban on the alienation (pledge) of the taxpayer’s property is not required. Suspension of transactions on bank accounts means the cessation of only debit transactions, with the exception of categories of payments directly provided for by the Tax Code (post. of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 5, 2011 No. 1836/11). The operation suspension regime also applies to funds deposited into the account after the suspension procedure was introduced.

Article 76 of the Tax Code does not provide for the power of a bank, at its own discretion, to suspend debit transactions on an organization’s accounts (decision of the Supreme Arbitration Court of the Russian Federation dated June 15, 2011 No. VAS-3674/11). The bank has the right to write off funds from the organization’s account on instructions from the tax authority in the order established by civil legislation.

Thus, the write-off of funds according to settlement documents providing for payments to budgets, as well as the transfer or issuance of funds for wages to persons working under an employment contract, are carried out in the calendar order of receipt of these documents after the transfer of payments made in accordance with Article 855 of the Civil Code first and second.

The Tax Code does not contain restrictions on sending collection orders to collect debts on taxes, fees, penalties, and fines to an account on which transactions have been suspended. The suspension of transactions on accounts does not interfere with the fulfillment of obligations to pay taxes, fees and obligatory payments to the budget and extra-budgetary funds, including payment and transfer of:

• state duty;
• taxes withheld by an organization as a tax agent from its employees;
• taxes to the budget system of the Russian Federation according to enforcement documents of bailiffs;
• insurance contributions for compulsory pension insurance;
• insurance premiums for compulsory social insurance against accidents at work and occupational diseases.

Carrying out debit transactions for payments that do not precede tax payments during the period the bank is executing a decision to suspend all debit transactions on the organization’s accounts until the amount of tax debt is fully repaid is grounds for prosecution (Article 134 of the Tax Code of the Russian Federation).
The form of settlements (based on a payment order or payment request) does not affect the decision on the admissibility of payment execution under the conditions of this interim measure (Regulation of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 5, 2011 No. 1836/11). It is important to note that penalties continue to accrue on the amount of tax debt during the period of suspension of the taxpayer’s transactions and transfers.

The suspension applies, in particular, to transactions where the bank writes off funds from the bank client’s account:

• to pay bank commission;
• for payments made using payment cards before the suspension of account operations;
• according to executive documents providing for the satisfaction of monetary claims of another organization;
• for payment of customs duties and fees, enforcement fees, fines imposed by bailiffs.

Suspension of operations and transfers is allowed:

• on the accounts of the liquidated organization;
• on accounts opened by the bank in violation of the established ban on opening new accounts for the taxpayer;
• for bank accounts opened with a non-bank credit organization, for which settlements are made by bank transfer.

Moreover, in the event of liquidation of an organization, the suspension of transactions on its bank accounts does not apply to payments for wages of persons working or who worked under an employment contract.
It should also be taken into account that when operations on bank accounts are suspended in connection with the activities of a management company, it is possible to apply this restriction to accounts in which funds belonging to the management company are accounted for, but the suspension does not apply to trust management accounts in which funds are accounted for and stored. funds of third parties.

Current legislation introduces a number of restrictions on the possibility of suspending operations and transfers of organizations that have signs of financial insolvency and are at risk of becoming bankrupt.

Thus, the tax inspectorate does not have the right to make a decision:

• limiting the right of the debtor from the date of introduction of bankruptcy proceedings (declaring the debtor bankrupt) to dispose of the funds belonging to him in the presence of current debt subject to collection outside the framework of the bankruptcy case;
• limiting the right of the debtor, from the date of the arbitration court’s ruling on the introduction of surveillance, to dispose of the funds belonging to him;
• on suspension in relation to any funds (including current payments) at the stage of introducing external management into the organization.

In case of suspension of debit transactions on bank accounts, it is allowed to make payments from this account in order to pay off current claims (decision of the Supreme Arbitration Court of the Russian Federation dated June 15, 2011 No. VAS-3674/11), relating to the first - third stages and named in paragraphs two - four of paragraph 2 of Article 134 of the Law “On Insolvency (Bankruptcy)” (Federal Law of October 26, 2002 No. 127-FZ).
The tax inspectorate has the right to suspend transactions on all current accounts of an organization known to it in various banks. According to the Tax Code, the suspension is not carried out to ensure the execution of a collection order sent to the bank. Therefore, it is permissible to make decisions to suspend operations on those bank accounts to which collection orders have not been issued (and are not planned to be issued). It is also acceptable to issue collection orders to one account in one bank and make a decision to suspend transactions on other accounts of the organization.

The closure by a bank of accounts in respect of which the tax inspectorate has made a decision to suspend operations is not a basis for recognizing this decision as invalid or terminated, and also does not cancel the ban on the organization opening new accounts in this bank. This prohibition is valid until the decision to suspend the organization’s operations on bank accounts is canceled.

From January 1, 2014, the ban on opening new accounts for an organization subject to a decision to suspend operations applies not only to the bank where the client already has an open account, but also to all other banks. The procedure for informing banks about the suspension of operations and about canceling the suspension of operations on taxpayer accounts and transfers of his electronic funds in the bank by this time should be developed by the Federal Tax Service of Russia in agreement with the Bank of Russia (clause 12 of article 76 of the Tax Code of the Russian Federation as amended by the Federal Law dated July 23, 2013 No. 248-FZ).