The very first thing a new owner of a piece of land does is register it. Without registering a land plot in Moscow with the cadastral register, the owner will not be able to carry out any real estate transactions: sale, registration of a pledge of collateral, exchange or gift agreement.
According to the Land Code of the Russian Federation, plots of land without appropriate registration in the cadastral chamber cannot be considered real estate. The only correct option would be to register the land plot in the cadastral register, guided by the letter of the law, because the Land Code of the Russian Federation has determined the registration procedure using the following algorithm:
- Preparation and execution of a package of papers sufficient for registration;
- Submission of documents to the cadastral chamber for the purpose of registering a plot can be carried out by Russian Post;
- Registration of a new property with the Registration Chamber (obtaining full ownership rights, supported by a certificate).
Registering a land plot with the state cadastral register is a rather lengthy process that can become more complicated depending on the characteristics of the property. If you need qualified legal support when registering an apartment and land plot, you can contact the specialists of the Star-Service Center for Cadastre and Registration, who will go through all legal procedures and eliminate formalities in the shortest possible time.
Self-registration of land
Cadastral registration is used to confirm from a legal point of view that an indication is given of the actual existence of a certain plot. The characteristics inherent in a particular plot are indicated. These provisions are subject to reflection in a unified register maintained by government agencies throughout the country. Employees of this body in their activities are guided by the law “On the State Cadastre” and similar acts of subordinate legislation.
The person who has the ownership rights to the allotment has the right to independently register. The main condition is to be of legal age. This could be a citizen or an organization. This fact does not matter. You will need to collect a certain list of documentation. After this, the land plot is registered. This is done when contacting the cadastral authorities. After this, the site is registered in Rosreestr.
Why is cadastral registration carried out?
Cadastral registration is a procedure for describing the main characteristics of a property, with data entered into the accounting and registration system.
Cadastral registration is a necessary stage for the further procedure of registering an object. All information about real estate is entered into an electronic system and changed based on legal facts (for example, a change in the boundaries of a site).
Registration is carried out by citizens voluntarily. Based on the registration of property rights, the land tax is recalculated and the possibility of alienation of real estate in the future becomes possible.
The registration authority performs the following functions:
- Registration. This allows you to begin the procedure for registering rights to real estate.
- Deregistration – when the property ceases to exist.
- Making changes to the accounting and registration system - information in the system is relevant only when it corresponds to reality.
Changes must be made in the following cases:
- if the site is legally owned, but its shape has undergone some changes during operation, this significantly affects the taxation of the land;
- if the land is co-owned by several owners, and one of them wants to separate part of the plot and own it individually;
- if inaccuracies are found in old documentation;
- when making structural changes to the layout of the house (creation of a building, major repairs of a structure, redevelopment);
- when changing the purpose of a structure or its individual premises.
Entering the necessary documentation about the characteristics of the dacha plot and the structures on it is necessary not only for registering rights to real estate, but also for making changes to the electronic accounting and registration system.
How to collect papers?
In order for a site to be listed as previously unaccounted for, you will need to collect a certain list of documentation. Including, this is a paper through which a citizen’s identity is verified. With the help of documentation, you will need to justify the emergence of rights to use the land plot. This may be an agreement on the purchase and sale or lease of inherited land ownership or the entry into inheritance legal relations.
ATTENTION !!! It is necessary to prepare a certificate indicating that a particular citizen has rights to a certain plot. When there are several owners, the specified documentation must be submitted by each of them. Next you need to collect boundary documentation. It is unlikely to be able to do this without land surveying.
If the land plot is leased, you will need to obtain permission from a specially authorized body. This is the Ministry of Property Relations. In addition, all tenants must express their consent to register the land. Please keep in mind that the service is not free of charge. This means that a fee will be required.
This fact is confirmed with the help of documentation. If the plot is owned by minor citizens, then some peculiarities arise. In particular, you will need to obtain permission from the authority operating in the field of guardianship and trusteeship. If the documentation is submitted by a representative, then a power of attorney becomes a mandatory requirement. This act is certified by an employee of the notary office. All specified documents will need to be copied. In the future, you will need to transfer them to the Rosreestr branch.
Registration process
If the plot is listed as previously registered, then it will not be necessary to register it again. You will need to contact the cadastral authority with the documentation listed above. There a statement is written in a specially established form. Then government fees are paid. As a rule, this is done when contacting the cadastral authorities; there is a special cash desk there. It is worth paying attention to the fact that the amount is reflected in the legislation. For citizens and organizations it has significant differences. Documentary confirmation of payment is transferred to the cadastre employee. This is done so that he enters information about the allotment into Rosreestr.
After this, a receipt must be taken from the authorized person who accepted the papers. Otherwise, it will not be possible, if necessary, to prove that they were submitted at all. If the submitted documentation does not reflect false data and does not contain errors, then the process takes on average 20 days. If a defect is suddenly discovered, the procedure will be delayed for six months.
ATTENTION !!! Next, the citizen will need to contact the specified authority on the appointed date and receive the prepared act. This document will reflect the number assigned to the land plot.
The documentation that was previously sent to the registration authorities will be returned. If the owner of the plot does not have the opportunity, he can transfer the right to receive the finished document to another person. In such a situation, you will need to issue a power of attorney. It is formed in a notary's office. If the paper has not been certified, it is considered untrue.
Cadastral passport for the house
The cadastral passport for a house, in its content, differed from a passport issued for land or an unfinished object. A cadastral passport for a private house was required in the following cases:
- after completion of construction of a new house to register it with Rosreestr;
- to legitimize rights to a house built before the transition to the cadastral registration system;
- for making transactions (sale, donation, exchange);
- to enter into inheritance after the death of the owner;
- to make changes to the Unified State Register of Real Estate after redevelopment or reconstruction of a private house.
Each passport must indicate the cadastral number of the object. It is unique and assigned to each house, plot or premises individually. Using the specified number, you can find the object on the Public Cadastral Map of Rosreestr.
Expert commentary . When the rights to the property were transferred, the cadastral passport remained valid. But changes were made to it regarding the ownership rights arising on the basis of the purchase and sale agreement. Through Rosreestr, the new owner of the property received a cadastral passport after registering the contract.
Registration process with the Federal Registration Service
Regardless of whether the plot is surveyed or not, the owner is responsible for registering the plot in Rosreestr. This is reflected in legal provisions. The term is reflected - within 2 years. For this purpose, you will need to perform certain actions. Including, contact the registration authority and enter data into the prescribed application form. An act is attached to it, through which the identity of the owner is verified. If there are several, then passports of all. In addition, cadastral documentation and an agreement reflecting the existence of rights to the allotment and a land surveying plan will be required.
If registration takes place under a dacha amnesty, then the procedure will be somewhat simpler. When a representative acts instead of the owner, you will need to issue a power of attorney. To do this, contact a notary office. The application must be accompanied by a document confirming payment of the fee. This can be done directly when visiting Rosreestr. Next, you need to obtain a receipt from the employee to whom the papers were transferred. It specifies the date when you will need to re-visit Rosreestr and receive ready-made acts. A couple of weeks are allotted for the registration procedure. The deadline is reflected in the laws. The representative has the right to obtain documents for the owner of the plot.
Registration of cadastral passport
Below is the first page of the cadastral passport for the land plot. The document shows the basic data on the site, its address and cadastral number.
Requirements for the content of cadastral passports were approved by orders of the Ministry of Economic Development. Now all of them have lost legal force and are not applied.
| No. | Service, document | Price |
| 1 | Design | from 27,000 rub. (depends on the area and features of the object, type of work |
| 2 | Support of redevelopment approvals | from 10,000 rub. |
| 3 | Preparation of a technical plan | from 8000 rub. |
| 4 | Support of the cadastral registration procedure in Rosreestr or MFC | from 12,000 rub. |
| 5 | Drawing up a technical report | from 15,000 rub. |
Accounting without land surveying
Land surveying is understood as actions aimed at determining the boundaries and location of a site in space. Among the main tasks, one can highlight confirmation that a citizen has the rights of ownership of a certain plot of land. The legislator allows you to register a plot without carrying out this procedure in several situations. Including when the boundaries have already been clearly marked, for which fencing is used. In addition, the owner of the land should not have any disputes with neighbors. Issues regarding the establishment of boundaries are raised.
ATTENTION !!! To register a plot of land, a citizen must compile and send an application to the cadastral authority. Initially, the necessary documentation is collected. This includes the paper through which the identity of the person applying for registration is formalized. Documentary evidence of legal ownership of a specific plot will be required. You also need to pay a fee. Plans for technical purposes, which reflect the objects that are planned to be built on the site in question. You need paper indicating which category the given land plot belongs to.
Then the stage of review and verification activities begins. It lasts for 10 days. When the specified period ends, the owner is issued a cadastral act. It makes a note that its boundaries were not reflected. At the next stage, you will need to enter information about the allotment into the registers. To do this, contact Rosreestr.
Removal
Removal of a plot from cadastral registration is carried out on the basis of a corresponding application and the necessary documents. In this case, there is no need to draw up a boundary plan and the final list of documents is completed depending on the initial data.
Reasons for withdrawal:
- The period for the formation of a new plot has reached two or more years, but the rights and encumbrances to it have not been registered;
- There are overlaps or gaps between the boundaries of neighboring (adjacent) areas;
- Due to a technical error detected in the cadastral accounting system.
Refusal
During the registration process, situations may arise where registration is refused. There are a sufficient number of reasons for such a refusal. However, we should not forget that in a decision to refuse to carry out cadastral registration of a land plot, such a reason must be indicated without fail, and with reference to the relevant legal norm of the current legislation of the Russian Federation.
The decision to refuse is made within a period not exceeding twelve working days from the date of acceptance of the relevant application and can be appealed in court.
And in conclusion, I would like to emphasize a rule that has been tested in practice. If you are not confident in your abilities and do not have the necessary amount of free time to complete this procedure, entrust these actions to professionals.
If land surveying is necessary
In fact, land surveying is considered as a designation of the boundaries inherent in a particular plot. To complete this process, documentation is used - a boundary plan. To carry out the boundary procedure, you will need to create a certain list of documentation. Among other things, this is an act by which the identity of a citizen is verified. We need cadastral maps of the site and documentation establishing the right. Employees of authorized companies are engaged in carrying out boundary work. The main condition is that they have certificates that allow them to carry out these activities.
An engineer can be a person working in a geodetic company. This company should specialize in carrying out these procedures. In addition, an agreement can be formed with persons registered as individual entrepreneurs. As a result of the land survey, it will be necessary to create an act in which each owner of the site who is affected puts his signature. When the procedure is implemented, the engineer draws up a corresponding plan and sends it to customers. It is necessary to register it with a notary office.
It is important to understand what papers will need to be prepared when registration occurs along with land surveying. It will be necessary to prepare acts that establish whether a citizen has rights to a specific plot. The documentation reflects the assignment of the site to a certain category and boundary plans. In addition, you need to write a statement. A separate form has been developed for it. Payment of the duty in the situation under consideration is a prerequisite.
Under amnesty
In this case, the use of the provisions of the law operating at the federal level is implied. He has No. 93. It came into effect at the beginning of 2006. This act indicates that some citizens have the opportunity to carry out the process of registering a land plot and the objects that are located on it, according to a simpler scheme, which is applied in general cases. For this purpose, land is registered in the cadastre. The rules for dacha amnesty apply.
Including the fact that confirmation that the citizen owns the plot will be required. In particular, it is important that the ownership is based on a legislative act. To do this, contact the employees of the regional cadastral chamber. There they receive extracts and check whether the owners of neighboring plots have any complaints.
In addition, you will need to check whether any of the citizens have rights to the specified plot of land. Please note that the main condition is that the allotment should not be previously surveyed. Also, these rules do not apply to lands that are owned by a citizen or in a tenancy relationship.
A citizen uses the help of a cadastral engineer to create boundary documentation. If the land is considered to have been taken into account earlier, then there will be no need to clarify the boundaries of the allotment a second time. The act in question is included in the list, which is subject to transfer to the registration authority.
