Coordination and approval of the layout of land plots. Execution stages. Difficulties of the procedure.

Form of land plot location diagram

The preparation of the scheme must be carried out in the form of an electronic document.

However, in some cases provided for by the Code and other regulations adopted on its basis, it is also possible to provide the scheme in paper form.

In particular, when it comes to preparing a scheme, which is carried out by the citizen himself personally, to provide him with a plot of land without holding a tender or auction, the preparation can be carried out in two forms:

in the form of an electronic document;
on paper.

When preparation in the form of an electronic document is necessary, you can use a special service on the website of your regional cadastral chamber office. In addition, it is possible to draw up a diagram using special programs and software that are installed on a personal computer.

It is worthwhile to dwell separately on drawing up a diagram using the cadastral chamber website. Preparation of a document in this form can be carried out by any person for a fee. The exact amount of payment and the procedure for collecting it are established at the level of the Government of the countries.

Coordination and approval of the layout of the land plot

The finished scheme is subject to mandatory approval by authorized bodies. In particular, the finished document, executed in electronic or paper form, must be agreed upon:

executive authority of a separate subject of the state;
local government body.

This rule, by agreement, applies in all cases, with the exception of some established at the legislative level.

Based on the results of reviewing the scheme, the authorized body makes a decision that can either approve it or imply a refusal to approve it.

Requirements and documents necessary for drawing up a site layout plan

The basic requirements for preparing a land plot layout diagram are presented as strict compliance with the established list of documents. If at least one regulatory legal act is missed during production, the finished work may be declared invalid due to its non-compliance.

In order for the scheme to meet all established legal requirements, during its preparation, as well as subsequently, during its approval, the use of the following package of documents is required:

documents on territorial planning in a given area;
rules for land use and development;
project of the future layout of a specific territory;
land management documentation;
resolutions designating a specially protected area;
regulations identifying zones with special conditions for the use of the territory;
documents on plots intended for public use;
resolution on the location of plot boundaries;
regulations containing data on the location of buildings and structures within the boundaries of a certain territory.

In connection with the entry into force on January 1, 2021 of the new Federal Law of July 13, 2015. No. 218-FZ “On State Registration of Real Estate” The Anapa department of the Rosreestr Office for the Krasnodar Territory informs applicants about the requirements for a map plan of the territory, which is prepared as a result of complex cadastral work.

The map-plan of the territory contains information about land plots, buildings, structures, unfinished construction objects located within the boundaries of the territory for complex cadastral works, which are necessary for state cadastral registration. The map-plan of the territory consists of text and graphic parts. The text part of the map-plan of the territory includes:

an explanatory note indicating the grounds for carrying out complex cadastral works, information about the territory where complex cadastral works are carried out, about the registration numbers of cadastral blocks, which are the territory on which complex cadastral works are carried out, including details of the cadastral plans of the territory of the specified cadastral blocks received for the implementation of complex cadastral works, details decisions on approval of the territory surveying project (including as part of the territory planning project), details of the document establishing the distribution of land plots in a horticultural, gardening or dacha non-profit association of citizens, and other information about the territory on which complex cadastral work is carried out;
information about real estate objects that, in accordance with Part 1 of Article 42.1 of the Federal Law of July 24, 2007 N 221-FZ “On Cadastral Activities,” are objects of complex cadastral work (including those obtained as a result of complex cadastral work), in the amount established regulatory authority;
act of coordinating the location of the boundaries of land plots when performing complex cadastral works;

4) the conclusion or conclusions of the conciliation commission, formed in accordance with Federal Law of July 24, 2007 N 221-FZ “On Cadastral Activities”, on the results of consideration of objections regarding the location of the boundaries of land plots, to which the specified objections are a mandatory appendix. The graphic part of the map-plan of the territory consists of a diagram of geodetic constructions and a diagram of the boundaries of land plots prepared as a result of complex cadastral work, compiled using a cartographic basis or other cartographic material that meets the requirements for the cartographic basis, including maps (plans), representing photographic plans of the area, information contained in the cadastral plan of the territory used when carrying out complex cadastral works, diagrams of the location of an element of the planning structure included in the materials for substantiating the approved project of territory planning (if any), diagrams of the organization of the road network, diagrams of the boundaries of the territories of objects cultural heritage, diagrams of the boundaries of zones with special conditions for the use of territories, drawings of territory surveying included in the territory surveying project, and other data necessary to determine the location of the boundaries of land plots approved as part of the territory planning project or in the form of a separate document. The diagram of the boundaries of land plots shows:

location of the boundaries of land plots, which are specified in paragraphs 1 - 3 of part 1 of Article 42.1 of the Federal Law of July 24, 2007 N 221-FZ “On Cadastral Activities” and in respect of which comprehensive cadastral work has been carried out, including for the purpose of correcting errors;
location of the boundaries of land plots, information about which is included in the Unified State Register of Real Estate, but in respect of which comprehensive cadastral work has not been carried out;
location on land plots of buildings, structures, unfinished construction objects, which was established during the implementation of complex cadastral works, including for the purpose of correcting errors;

4. location on land plots of buildings, structures, unfinished construction projects, information about which is included in the Unified State Register of Real Estate, but in respect of which comprehensive cadastral work has not been carried out. The map-plan of the territory is prepared in the form of an electronic document, certified by an enhanced qualified electronic signature of a cadastral engineer, as well as in the form of a paper document. All documents or their copies submitted or prepared for inclusion in the map-plan of the territory in the form of a paper document are included in its composition in the form of an electronic image of a paper document certified by an enhanced qualified electronic signature of a cadastral engineer, or a copy of this document. The form of the map-plan of the territory and the requirements for its preparation, as well as the form of the act of agreeing on the location of the boundaries of land plots when performing complex cadastral work and the requirements for its preparation are established by the regulatory authority.

Application and documents for approval of the site plan

The department of architecture and urban planning will need to provide the following package of documents:

a statement containing a request for approval of the drawn up scheme;
identification document of the applicant;
if necessary, a certificate of registration of the applicant as an individual entrepreneur;
certificate that the applicant has carried out cadastral registration;
if necessary, a power of attorney;
preliminary conclusion issued by the deputy head of the local administration;
cadastral plan of the given territory;
an act confirming that the postal address has been established;
minutes of the meeting on the provision of plots;
exact layout of the land plot;
documents confirming ownership.

The decision made by the authorized body of the subject or city of the state in relation to each specific plot of land must contain information:

about the exact area of each specific plot of land;
about the exact address of each site. If it is impossible to indicate the address, it is necessary to create a description of the location of the site;
about the cadastral number of the plot. In the case when one single plot of land is formed from several plots, the cadastral number of each initial plot is required;
about the territorial zone within the boundaries of which the site is being formed. In a situation where the new site is not subject to special urban planning regulations or is not established for it, it is required to indicate the exact type of use of the land;
about the category of land to which the new plot will belong.

The full validity period of this decision is two calendar years.

What should be taken into account in the scheme

Due to the fact that the location of the site on the cadastral plan is a rather complex document, it must take into account a lot of information from various sources.

This:

topographic and geodetic diagram of a certain area, on the basis of which the allocation of a plot of land was carried out;
boundary diagram prepared at the time of the decision to allocate land;
information about whether there are other plots within the newly formed land plot, information about which is contained in the extract from the Unified State Register of Real Estate;
information about capital buildings located on the plot of land of interest, specified through an extract from the Unified State Register of Real Estate;
availability of ownership, lease and other rights to real estate located on a specific land plot. This information is also drawn from the Unified State Register of Real Estate.

If the listed data is not included in the diagram, a conflict may arise with the data from the Real Estate Register. Such a document will be declared invalid and cannot be used in the future.

Refusal to approve the layout of the land plot

The following situations may be used as grounds for refusal of approval by authorized bodies of a scheme submitted to them:

the authority identified a discrepancy between the layout of a plot of land and its form, format or preparation requirements established at the legislative level.
if during the inspection it was revealed that the site located on the diagram has a complete or partial coincidence in its location with another site approved on the scheme, the validity of which has not expired.
if it was revealed that the layout of the land plot on the cadastral plan was developed with violations of the information established for this event.
when a discrepancy is identified between the location of the site on the diagram and on the accepted plan of the given territory.
when the site is located on the territory for which the boundary plan has been approved.

How to draw up a plot plan. Step by step diagram

Until recently, I believed that only a cadastral engineer could draw up a plan for a land plot .
For a long time, such a misconception was an obstacle for me to actively search for and obtain a plot of land.

A land plot plan, or as it is also called a land plot diagram, can be drawn up yourself.

In this article I will describe a step-by-step scheme for drawing up a land plot plan.

The purpose of this article: to show the value and practical applicability of video instructions: How to find vacant land in 40 minutes and make a diagram of a land plot? (without involving a cadastral engineer).

Why do you need a plot plan and how to draw it?

A plan or diagram of the site is required in order to submit an application to the administration for preliminary approval of the provision of a land plot. In other words, a site plan is needed to first “stake out” a plot of land and start the procedure for preparing the site for provision.

To draw up a plot plan, I needed 40 minutes of personal time and the following tools:

Internet portal of Rosreestr,
Agro 6 program in a free version.

The cost of drawing up a site plan was 150 rubles, plus a small commission from the payment system.

Step-by-step diagram for drawing up a land plot plan

First : you need to obtain a cadastral plan of the territory.

Second : download the trial version of the Argo 6 program.

Third : upload the cadastral plan of the territory into the program.

Fourth : in a few clicks, create a plan (scheme) of the land plot.

Fifth : insert a picture of the land plot plan into the diagram template attached to the application for preliminary approval of the provision of a land plot and print it.

Note!

Many people do not know that there are more than 53 reasons when a land plot is provided without bidding.

Not one, not two, and not even ten, but 53 bases.

Without bidding, a land plot can be obtained:

free of charge - 9 grounds ;
property for a fee - 10 grounds ;
for rent - 16 bases ;
for free use - 14 grounds ;
for permanent (indefinite) use - 4 grounds .

Each basis has its own conditions and procedure for the provision of land.

To choose the most suitable basis, you will have to spend 10 hours intensively studying the Land Code.

However, there is an easier way.

Interactive mind map

Free copies are over! Access the mind map here.

What does a mind map give you:

a vision of all the reasons for obtaining land without an auction;
clickable headings will reveal in 1 second a description of any method of obtaining a plot of land without bidding;
In 7 minutes you will select profitable reasons for obtaining a plot of land without bidding;

There is a video instruction “How to use an interactive mind map?”

Secure free access forever, because after the timer is reset, the card will become paid.

How to obtain a cadastral plan of the territory?

The cadastral plan of the territory will serve as the basis for drawing up a plan (scheme) of the land plot.

You can get a cadastral plan of the territory without leaving your favorite sofa. It is enough to go to the Rosreestr website in the section obtaining information from the State Property Committee and submit an online request.

To submit an online request through the Internet portal of Rosreestr, I needed the number of the cadastral quarter, in the territory of which I had my eye on a free plot and a sum of money in the amount of 150 rubles.

I wrote about how to find vacant land plots in the article: Step-by-step scheme for obtaining a plot of land for construction. Personal experience.

I received the cadastral plan of the territory the next day after submitting and paying for the request. Rosreestr sent me a notification, and I downloaded the cadastral plan of the territory.

What program should I use to read the cadastral plan of the territory and draw up a land plot plan?

The resulting files with the cadastral plan of the territory can be opened in two ways:

1st method : using the Rosreestr service called - Electronic document verification. The resulting file can be uploaded to this service of Rosreestr and it will open the cadastral plan of the territory in the html version, which can be viewed using Internet Explorer.

This method is not entirely convenient, because in addition to viewing the cadastral plan of the territory, I needed to draw up a plan of the land plot. And Internet Explorer is not entirely suitable for these purposes.

2nd method: using the Argo 6 program.

This program is used by cadastral engineers. Like any intellectual product, Argo 6 costs money. But the developers provide the opportunity to download a trial version of this program for free, and this version has all the tools necessary to draw up a plan (scheme) of a land plot.

I downloaded the trial version of the program from the developer’s website: https://new.argogeo.ru/

Step-by-step algorithm for drawing up a land plot plan in the Argo 6 program

1st step : open the program and click create a new drawing,

Step 2 : load the cadastral plan of the territory into the Argo 6 program and click add to drawing.

3rd step : we find on the cadastral plan of the territory the cadastral quarter on which the land plot we need is located .

In my case, the land plot has borders with other plots on three sides. The cadastral quarter in the program is highlighted with a colored line, so it is easy to navigate.

4th step : Load the topographic base so that infrastructure facilities, relief, buildings, etc. are displayed on the plan of the land plot.

To do this, directly from the program we select a raster background for our cadastral quarter, and it will automatically be displayed on our drawing.

Step 5 : The topographic map helps us see what is on the land. Next, using just one program tool, we trace the contours of the area point by point.

After the contours are outlined, the program will automatically calculate the area of the land plot that you have formed and display the coordinates of all points. These coordinates will need to be indicated in the application template for preliminary approval of the provision of a land plot, which we will submit to the administration.

Step 6 : We draw up the final plan of the land plot and fill out an application for preliminary approval of the provision of the land plot.

To do this, highlight the selected land plot, copy the picture and paste it into the diagram template.

We fill out the table with the values of the coordinates of the points, and indicate the number of the cadastral quarter on the diagram.

As a result, the plan (scheme) of the land plot is ready

Professionals in the field of cadastral registration will certainly say that the preparation of a land plot plan should be entrusted to professionals. And they are absolutely right.

But it is necessary to note the following: it is not a fact that the administration will provide you with the land plot you have chosen.

In the event of a legal refusal to provide a land plot, you will have to look for another land plot and again draw up a plan (scheme) of the site and, accordingly, again pay the cadastral engineer. And you need it.

It is advisable to invite a cadastral engineer when the issue of preliminary approval of the provision of a land plot has been resolved positively and it is necessary to survey the site. Until this point, it is more profitable to follow the path of least cost.

In conclusion.

In order for the process of deciding on the provision of a land plot to be launched, the prepared plan (diagram) of the land plot must be attached to the completed application for preliminary approval of the provision of the land plot and all documents must be submitted to the administration, which has 30 days to give you a written answer.

The step-by-step scheme for preparing a land plot plan, outlined in this article, is based on video instructions: How to find vacant land and draw up a plot of land in 40 minutes?

Fragments of video instructions

Get video instructions with ready-made document templates,

because it is more profitable to make plot plans yourself than to pay a cadastral engineer every time

Find out all the nuances of obtaining a cadastral plan of the territory on the Rosreestr website.

Create a plot plan yourself in 40 minutes using the Argo program.

I wish you a decent life and successful acquisition of land.

Source: https://paruslex.ru/kak-sostavit-plan-zemelnogo-uchastka-poshagovaya-sxema/