Land management examination: what is it, why is it needed, procedure, documents, features

What is land management expertise?

Land management expertise is needed to correct errors in documentation

This is a determination of whether the dimensions of the land plot correspond to those specified in the documentation. An examination helps to identify inaccuracies and correct documentation.

Thanks to her, materials are studied and the truth is established. Therefore, research is required when resolving disputes.

Subject of examination

The subject of land management examination is the actual circumstances related to the use of land objects, plots, territories. This includes determining the actual boundaries of the territory and comparing them with data in legal documentation, as well as determining the state of the lands and their characteristics. The surveyed objects include: territories of cities, villages, municipal buildings, private properties. Most often, expertise is in demand in civil court cases involving property disputes.

Classification of land management examinations

Land management examination is divided into several types depending on the reason for its implementation and specifics. If it is necessary to resolve a dispute regarding a site, a judicial or pre-trial assessment is carried out. If there is a need to establish boundaries, an examination is carried out to impose boundaries, divide them and carry them out in nature.

Classification, taking into account the nature of the delicacy, is divided into:

Historical and cultural
Environmental
Archaeological
Geological
Logistics
State Expertise.

Regardless of the type, it must be objective and lead to accurate results.

Pre-trial examination

Pre-trial examination can be carried out at the request of parties to the conflict who do not want to bring the case to trial

It is carried out for any type of audit; it received its name due to the nature of the process, which involves resolving the dispute according to the agreement of the parties. The initiator of this process is the owner of the land or both parties to the conflict.

They can optionally choose a company to carry out the work. The main thing is that it has permits for its activities.

Forensic examination

Rice. 3 Forensic examination is initiated by a judge

In a judicial procedure, an examination is carried out by decision of the court or the investigator who is handling the criminal case. There is also no difference in the nature of the audit. There are many more reasons for carrying out the procedure than the banal establishment of site boundaries.

An authorized person or the owner of a plot may apply for a judicial land survey if it is established that:

preliminary research was carried out with errors;
Previously obtained results are based on distorted facts;
documents contain biased data.

Important: the judge will choose the organization; he will determine which company’s services (state or private) it is enough to use.

Land surveys of boundaries

Determination of plot boundaries

This is the main type of work, which makes it possible to determine the boundaries of the site in order to provide the owner with complete documentation. As a result of its implementation, the land is interspersed with neighboring plots, which will eliminate misunderstandings and disputes in the future.

According to the situation, the result is:

Resolving the issue of imposing boundaries of land plots. This problem may arise due to incorrectly established coordinates of turning points by the cadastral engineer, or linear displacement due to failure to take buildings into account. As a result, the rights of owners of adjacent plots are violated.
Bringing out boundaries into nature. A process is necessary if there are fixed signs in the cadastral documentation, but in fact land surveying with the establishment of points has not been carried out. The expert will carry out the removal according to the documentation received from the owner.
Land marking and securing signs. The process includes several stages:

coordination of plot boundaries with neighbors;
drawing up a planning and graphic justification;
determination of coordinates and location of signs;
preparation of documents, including a boundary plan for registering the property in the cadastre.

Division of the plot. Before dividing, the expert determines the possibility of carrying out the division. To do this, the purpose of the site, the minimum standards established by the legislator, etc. are taken into account.

State historical and cultural examination of lands

The purpose of this land management examination is to prove the absence/presence of objects of historical value on state lands that are planned to be transferred for reclamation and construction work.

If the state, as the owner, has no conclusions regarding archaeological values on the site, a procedure is prescribed.

It is carried out through archaeological exploration upon receipt of the appropriate permission.

The result should be:

extract from cadastral real estate;
cadastral plan;
cadastral map of the site;
expert opinion on the absence of values.

Important: the results are entered into 2 acts and sent to the appropriate service.

Logistics expertise of lands

Necessary to determine the suitability of a site for the needs of a logistics company. It must have certain features, such as convenience and proximity to infrastructure, the presence of a suitable entrance and amenities for locating a warehouse.

During the research, the expert:

determines the suitability of land for the construction of warehouses;
determines the presence/absence of restrictions in accordance with standards, SNiP and SanPiN;
clarifies the shape of the warehouses and establishes the building spot on the map;
offers a favorable location of the building and adjacent facilities;
evaluates and compares the logistics potential of the developed options;
invites the customer to choose the optimal solution according to his needs, requests and benefits.

Important: in order to convince the customer of the expediency of the choice, the expert creates a table outlining his personal research of each option and approximate predicted profitability results.

Audit of land management documents

The audit is carried out by a special commission created by Rosreestr. The inspection period is 30 days; if there are grounds, it can be extended to 3 months. Based on the results, a determination will be issued; if there are comments on the form and composition of the documentation, it is necessary to eliminate the shortcomings. Until changes are made, all land development work will be stopped.

Important: the procedure is carried out in accordance with the regulations of Federal Law No. 78 of 2001. The purpose of the audit is compliance of documentation with requirements and regulations. The procedure for conducting an audit is determined by Government Decree No. 214 of 2002.

Environmental assessment of lands

An example of this land management examination can be the control of the activities of enterprises with hazardous production by environmentalists. In this case, the goal is the same - to establish compliance of the documentation with the legal requirements regarding access to specific activities in the allocated area. It is important to comply with red lines, sanitary standards and environmental safety.

The examination is carried out at the state level or privately.

The reasons for its implementation are regulated by Federal Law No. 174 of 1995:

audit of documentation permitting the construction / reconstruction of objects of particular complexity / danger in areas of special significance;
audit of project documentation for waste disposal;
audit of documentation for artificial objects erected near water.

The owner of the future property can initiate surveys at his own request to ensure the cleanliness of the area, for example, when developing a resort area or sanitary facilities. The audit will help establish the level of background radiation, determine the presence or absence of dangerous chemicals, toxins and bacteria.

Archaeological audit

This is one of the procedures carried out as part of the historical and cultural examination of objects where construction work is proposed. Therefore, separating this stage into a separate type is incorrect.

Engineering-geological examination

Engineering-geological examination is designed to determine whether the soil will support the weight of the building

This type helps determine how suitable the selected site is for the construction of buildings on it. To do this, by drilling wells, soil is sampled and its structure and properties, ability to freeze, depth of water, the possibility of landslides, etc. are determined.

A site survey can be carried out using the services of a government or commercial company.

Important: according to the norms, Art. 49 of the Civil Code of the Russian Federation, examination is mandatory before the construction of facilities, with the exception of a few cases specified by law.

Geodetic expertise

It is carried out at the building design stage. Its purpose is to identify the real boundaries and area of the site.

Thanks to research it is possible to determine:

relief feature;
slope of the site;
vegetation feature;
level of altitude points;
location of communications.

To do this, the area is examined, a tacheometric survey is carried out, the plan and height of the area are determined, and a topographic plan of the area is developed.

Important: after the construction of the facility, an audit is performed to examine its compliance with the documentation.

Temporary procedure for state examination of land management documentation

(as amended by Decrees of the Government of the DPR dated November 22, 2019 No. 37-5, dated February 21, 2020 No. 9-2)

I. General provisions

1.1. The temporary procedure for conducting the state examination of land management documentation (hereinafter referred to as the Temporary Procedure) determines the legal, organizational basis and procedure for conducting the state examination of land management documentation.

1.2. State examination of land management documentation (hereinafter referred to as state examination) is an activity whose purpose is to research, verify, analyze and evaluate the object of examination for its compliance with legal requirements, established standards, norms and rules, as well as the preparation of an informed conclusion for making a decision on the object examination.

1.3. The objects of state examination are documentation on land management and documentation on land assessment, the types of which are determined by law, as well as documentation and materials of the State Land Cadastre, which are developed by business entities that have received (have) a license to carry out land management, land assessment work in accordance with the Law of the Donetsk People's Republic Republic “On licensing of certain types of economic activities” (hereinafter referred to as the developers).

1.4. General requirements for the content of documentation on land management, normative and expert monetary valuation of land, and the State Land Cadastre are determined by current legislation.

1.5. The temporary order applies to performers, customers of state expertise and developers of land management documentation.

1.6. Customers of state expertise are state authorities, other state bodies (not related to state authorities) and local governments, land owners, land users, legal entities and individuals interested in conducting such an expertise, as well as developers of objects of state expertise.

1.7. The performers of the state examination are experts working as part of the executive body of the Donetsk People's Republic, pursuing state policy and performing functions of legal regulation, control and supervision in the field of land relations, land management, state registration and maintenance of the State Land Cadastre, land assessment, geodesy and cartography (hereinafter referred to as the executive body in the field of expertise) and having a higher professional education in the relevant field of training, the necessary qualifications, professional knowledge, possessing the skills of analyzing expert information, having practical experience in the relevant field for at least three years (hereinafter referred to as experts).

Highly qualified personnel - specialists from design, research and other enterprises, institutions and organizations, relevant structural divisions of executive authorities and local governments, individual individuals with higher professional education in the relevant field - can be involved in the state examination free of charge on a voluntary basis with their written consent. training, the necessary qualifications, professional knowledge, skills in analyzing expert information, as well as practical experience in the relevant field for at least three years.

The executors of the state examination prepare the conclusion of the state examination.

1.8. State examination is carried out at the expense of the customer of the state examination. The fee for conducting a state examination is set at 3 percent of the contract price for the development of land management (land assessment) documentation, but not less than 40 rubles. Funds for conducting state examinations received by the executive body in the field of examination are reflected in personal accounts for accounting for transactions with funds received from income-generating activities, opened in the Republican Treasury of the Donetsk People's Republic.

(subsection 1.8 of section I as amended by Resolutions of the Government of the DPR dated February 21, 2020 No. 9-2)

(see text in the previous edition)

1.9. State examination is carried out in order to ensure compliance of land management documentation with the requirements of the laws of the Donetsk People's Republic, other regulatory legal acts, established standards, norms and rules.

1.10. Forms and types of state examination: forms of state examination: mandatory, selective and voluntary; types of state examination: primary, repeated and additional.

1.10.1. The following are subject to mandatory state examination (initial, repeated and additional):

1) land management schemes and feasibility studies for the use and protection of lands of administrative-territorial units;

2) land management projects to establish and change the boundaries of administrative-territorial units;

3) land management projects for the organization and establishment of boundaries of territories of the natural reserve fund and other environmental purposes (specially protected natural areas), health, recreational, historical and cultural, forestry purposes, lands of the water fund and water protection zones, restrictions on the use of lands and their regime-forming objects;

4) land management projects for the allocation of land plots from especially valuable lands, lands for forestry purposes, as well as lands of the water fund, natural reserve fund and other environmental purposes (specially protected natural areas), health, recreational and historical and cultural purposes, as well as projects land management for the allocation of land plots, the provision (transfer) of which is within the powers of the Government of the Donetsk People's Republic and the executive body of the Donetsk People's Republic, pursuing state policy and carrying out functions of legal regulation, control and supervision in the field of land relations, land management, state registration and maintenance of the State Land Cadastre, land assessment, geodesy and cartography;

(subclause 4 of clause 1.10.1 as amended by Decree of the Government of the DPR dated November 22, 2019 No. 37-5)

(see text in the previous edition)

5) land management projects that provide an ecological and economic justification for crop rotation and land management (on-farm land management projects);

6) land management projects to streamline the territory of settlements;

7) technical documentation on soil grading;

technical documentation on the normative monetary valuation of land, as well as reports on the expert monetary valuation of land plots of state and municipal property;

9) land management projects for organizing the territory of land shares (shares) and other plots of agricultural land;

10) technical documentation on land management for land inventory.

1.10.2. Selective state examination is carried out at the initiative of the executive authority in the field of examination of objects that are not subject to mandatory examination, in the amount of no more than 10 percent of objects for each developer.

In case of detection of violations of land legislation by developers of objects of state examination, the number of objects subject to state examination is determined by the body that carries it out.

Selective state examination is carried out free of charge, and in case of receiving a negative conclusion - at the expense of the developers of objects of state examination.

1.10.3. Voluntary state examination is carried out at the initiative of the customer or developer of the object of examination for objects that are not subject to mandatory state examination.

1.11. The state examination is carried out before state authorities, local governments or land owners approve the relevant land management documentation and make a decision on the emergence, transfer and termination of rights to land and the issuance of documents certifying rights to it.

Selective state examination is carried out before state authorities, local governments or land owners approve land management documentation and make appropriate decisions.

1.12. This Temporary Order does not apply to scientific, technical, environmental, judicial and other types of examinations.

II. The procedure for conducting state examination

2.1. The organization and conduct of state examination is carried out by the executive authority in the field of examination.

2.2. The organization of state examination in all forms and types is carried out directly by the expert division as part of the executive body in the field of examination. If it is necessary to conduct a state examination of certain provisions of land management documentation, on behalf of the head of the executive body in the field of examination, specialists from other structural divisions of this body may be involved.

2.3. The composition of state examination performers, including freelance ones, is approved by the head of the executive body in the field of examination.

2.4. The executors of the state examination cannot be specialists from enterprises, institutions and organizations - developers of the corresponding object of examination.

2.5. When conducting a mandatory and voluntary state examination, the customer submits to the executive authority in the field of examination an application for an examination, in the form according to Appendix 1.

2.6. Selective state examination of objects that are not subject to mandatory examination is carried out by decision of the executive authority in the field of examination.

III. Procedure (stages) for conducting state examination

3.1. Conducting a state examination involves expert research, verification, analysis and assessment of the object of the state examination, the preparation of a reasonable and objective conclusion of the state examination.

3.2. The procedure for conducting state examination consists of three stages: preparatory, main and final.

3.3. Preparatory stage of state examination.

3.3.1. At the preparatory stage of the state examination, land management documentation is received, its composition is checked, as well as the application, the object of the state examination is registered in the register (registration) of objects of the state examination, stitched, numbered and sealed with the official seal of the executive authority in the field of examination (Appendix 2), within one day.

To conduct a state examination, the customer provides originals of land management documentation and relevant materials. If individual documents and materials of the subject of examination cannot be provided in the original due to their status, they are provided in duly certified copies.

3.3.2. All main documents and materials of the object of state examination must meet the following requirements:

1) applications and approvals provided for by law must be signed by the head of the responsible body (organization), sealed with his seal and have a validity period;

2) graphic materials in cases established by law must be approved by the head of the territorial body of land resources;

3) copies of constituent, registration documents, documents of statistical bodies, title documents for land and other real estate, contracts, extracts from state registers must be certified in the prescribed manner;

4) each sheet of copies of archival documents must be certified by the signature of the archivist and the seal of the archival institution;

5) each sheet of other documents must be certified by the signature and seal of the developer of the object of examination;

6) the written consent of the land user in the event of seizure of a land plot in the use of other persons must be certified in the prescribed manner;

7) land management documentation must be numbered, stitched and sealed with the signature and seal of the developer of the object of examination.

If these requirements are met, the object of state examination is subject to registration. Otherwise, the documentation is returned to the customer for revision without registration.

3.3.3. The timing of the state examination cannot exceed 20 working days from the date of registration of the object of the state examination by the executive authority in the field of examination.

3.4. The main stage of the state examination.

3.4.1. The main stage of the state examination involves a comprehensive analysis of land management documentation, compliance of the proposed measures with legal requirements, established standards, norms and rules. If necessary, a survey is carried out in kind (on the ground).

3.4.2. When conducting a state examination, the following are determined:

1) compliance of the content of the documentation with the requirements of the legislation of the Donetsk People's Republic, established standards, norms and rules, decisions of executive authorities and local governments on the rational use and protection of lands, conditions and procedures for their development, environmental protection, sanitary and epidemiological well-being of the population, preservation of cultural heritage ;

2) compliance of the content of the documentation with the requirements of the assignment for its development and the requirements of pre-project documentation;

3) decisions proposed by land management documentation on the reclamation of disturbed lands, improvement of unproductive lands, land assessments, etc.;

4) environmental and economic efficiency of the provided measures to prevent their impact on land outside the site, protection of agricultural landscapes;

5) compliance with the requirements of the legislation of the conditions for removing and transferring the soil cover (fertile layer of soil) of land plots in the case of conducting a selective and voluntary state examination of land management projects.

3.5. The final stage of the state examination.

3.5.1. At the final stage of the state examination, the results of expert research are summarized, and a state examination conclusion is prepared on the feasibility of approving land management documentation.

3.5.2. The conclusion of the state examination is drawn up in the form approved by this Temporary Procedure (Appendix 3).

3.5.3. The conclusion of the state examination is given to three possible options:

1) land management documentation generally complies with the requirements of the current legislation of the Donetsk People's Republic, established standards, norms and rules, is assessed positively and agreed upon (and also, documentation can be assessed positively and agreed upon subject to the refinement of individual issues and the introduction of adjustments that do not require constructive research and calculations );

2) land management documentation does not fully comply with the requirements of the current legislation of the Donetsk People's Republic, established standards, norms and rules and is returned for revision;

3) land management documentation does not comply with the requirements of the current legislation of the Donetsk People's Republic, established standards, norms and rules, is assessed negatively and is not agreed upon.

3.5.4. The assessment of land management documentation in the conclusion of the state examination (according to one of the indicated options in paragraph 3.5.3.) is mandatory. The assessment of the object of examination is justified by the provisions of the relevant regulatory legal acts.

3.5.5. A negative assessment of land management documentation is not a reason for the customer to refuse to pay for the state examination.

3.5.6. Negatively assessed land management documentation, after being brought into compliance with the requirements of current regulatory legal acts, is subject to re-examination on a general basis.

3.5.7. The conclusion of the state examination, after it has been signed by experts, the head of the expert unit and approved by the head or deputy head of the executive body in the field of examination, sealed with the official seal, is mandatory for acceptance by the customer.

The conclusion of the state examination must contain the following details - registration number and date corresponding to the number and date of registration of the object in the register (registration) of objects of examination of land management documentation.

3.5.8. Customers or developers of objects of state examination interested in canceling the conclusion of the state examination or its individual provisions submit a reasoned petition (application) to the executive authority in the field of examination, which, within a month from the date of receipt of the petition (application), considers it and, if there are grounds, appoints conducting a repeated state examination.

If the conclusion of the state examination is canceled by an administrative document of the executive authority in the field of examination, independent experts are involved in conducting a repeat state examination.

In case of refusal to consider an application to cancel the conclusion of the state examination or refusal of a decision to conduct a repeat state examination, customers or developers of objects of state examination have the right to go to court.

3.5.9. The conclusion of the state examination may be canceled by the executive body in the field of examination if circumstances are identified that could affect the objectivity of the assessment of the conclusion.

3.5.10. Elimination of comments and introduction of corrections identified as a result of the state examination is carried out by developers of land management documentation and other entities that have committed violations of the requirements of the current legislation of the Donetsk People's Republic, established standards, norms and rules when preparing the object of the state examination or its individual components.

3.5.11. Control over the elimination of comments from the state examination is carried out by the executors of the examination (experts) or, on their instructions, by the heads of territorial bodies of land resources. The fact of making corrections, taking into account the comments and suggestions specified in the conclusion is certified by a record on the examination conclusion of the head of the expert unit as part of the executive body in the field of examination or the head of the territorial body of land resources, who is entrusted with control over the elimination of the comments of the state examination.

3.5.12. An inspection to eliminate the comments of the state examination is carried out if there is a letter to eliminate the comments, registered in the prescribed manner by the developer, within 3 working days from the date of submission of land management documentation to the expert division of the executive authority in the field of examination.

3.5.13. A positive conclusion of the state examination on objects of mandatory state examination is the basis for the adoption of an appropriate decision by state authorities or local government bodies, the opening of funding for work on the implementation of activities provided for in the relevant documentation.

3.5.14. The implementation of measures provided for by documentation on land management and documentation on land assessment, the types of which are determined by law, as well as materials and documentation of the State Land Cadastre on objects of mandatory state examination, without positive conclusions of the state examination is prohibited.

3.5.15. A positive conclusion of the state examination is valid during the validity period of the object of the state examination, but no more than 3 years from the date of its issuance if, during this period, the implementation of the measures provided for by the developed land management documentation has not begun. If, before the start of the implementation of the measures provided for by the developed land management documentation, new information or circumstances were discovered that were not properly reflected by their developers and are important for the objective study and assessment of the object of state examination, the object is subject to additional state examination.

3.6. The procedure for conducting state examination determined by this Temporary Procedure applies to all types of examination - primary, repeated and additional.

3.6.1. When conducting a re-examination, a thorough analysis of the harmonized land management documentation is carried out, elimination of comments from the initial examination, and compliance of the provided measures with current legislative and other regulatory legal acts.

3.6.2. If a repeated state examination is carried out in connection with the expiration of the positive conclusion of the primary examination, the analysis of land management documentation is carried out primarily for compliance with its requirements of legislative and regulatory legal acts that came into force within three years from the date of issuance of the positive conclusion of the primary examination. At the same time, the customer of the land management documentation adjusts the task for its development in accordance with the current legislation of the Donetsk People's Republic.

3.6.3. When conducting an additional state examination, additional information or circumstances are comprehensively studied that were not used (taken into account) by the developers of the documentation for the initial examination and are important for a more objective study and assessment of the object of the state examination.

If new information or circumstances are identified that were not properly taken into account by the expert during the state examination, an additional state examination is carried out free of charge.

3.6.4. Based on the results of the repeated and additional examination, a new conclusion is being prepared.

IV. Analysis of the results of the state examination

4.1. The expert unit, as part of the executive body in the field of examination, analyzes the results of the state examination.

4.2. Documentation of the results of the state examination is carried out according to the approved form (Appendix 4) and an explanatory note to it.

4.3. The explanatory note states:

1) information about the main shortcomings of the expert documentation, their causes and ways to eliminate them;

2) comments on the work of specific developers of the objects of examination;

3) an explanation of the experts’ position regarding the form and content of the objects of examination (the most typical, complex, etc.), their individual materials and documents;

4) proposals for improving the organization and conduct of state examination of land management documentation, its regulatory legal and methodological framework.

4.4. The explanatory note is signed by the head of the expert unit as part of the executive body in the field of examination.

In what cases is land management expertise needed?

For each land use case, there is a certain type of research. But in general, an audit is needed to establish the boundaries of the site. It is necessary to determine the area and boundaries in a number of cases:

to recognize land ownership;
to resolve a dispute between neighbors;
to allocate the share of each heir in the total inheritance;
to combine several sections into a single one;
for the purpose of establishing an easement;
to prepare the site for sale/rent;
restoration of territory boundaries;
to calculate the total area;
to make an objective judicial decision.

Appraisal examinations

Valuation examinations, based on special knowledge in the field of real estate valuation, establish data on the value of real estate in the industrial, housing and urban planning spheres.

An appraisal review will be required to:

· determine the market value of property (and other objects of civil rights in respect of which the legislation of the Russian Federation establishes the possibility of their participation in civil circulation);

· determine the level of damage caused by fire, flood, etc.;

· determine the cost of restoration repairs;

· determine the market value of the property or individual rights to it (including the value of the share, lease rights, use rights, easements, etc.);

· other.

The procedure for carrying out the examination

In general, the general principle of the procedure is to comply with the following steps:

searching for a professional for the work, signing an agreement with him for the supply of services;
experts study the documentation provided to them, the land plot and formulate a step-by-step action plan;
After gaining access to the site, the expert conducts geodetic, planning and cartographic analysis, studies cadastral documentation, and performs leveling on the ground. Specific work is carried out according to the type of examination;
an expert opinion is prepared;
handed over to the customer who paid for the services.

Depending on the type of research, additional steps may be performed, but in general the work is carried out according to the described scheme.

Package of documents for examination

Preparation for the examination is accompanied by the collection of the necessary set of documents, which includes:

title papers;
technical documentation compiled by BTI, including a diagram of the site with all the objects located on it;
cadastral maps;
results of land surveying to determine boundaries;
permits from local governments for the use of land;
documentation from Rosreestr.

Important: if you need to conduct a clarifying (secondary) examination for a trial, you need to draw up a petition on your own behalf to appoint a land management examination to clarify or refute the previous conclusion.

Information from the expert’s opinion is entered into the cadastral register.

Main questions

Thanks to land examination, answers to the following questions are obtained:

Have land development works been carried out on the territory in accordance with current legislation?
What is the total actual area of the property?
Will it be possible to erect the proposed building on the site under study?
What is the maximum unoccupied area suitable for construction?
How much area is free from buildings?
What are the exact coordinates of the corners of the buildings erected on the territory?
How much space is occupied by the property?
What are the coordinates and boundaries of the land plot itself?
Does the actual area agree with the information in the title documents?
Has the territory been assigned a cadastral number with boundaries entered in the register?
Is the defendant's property actually located on the plaintiff's property?
Is the defendant’s real estate located at the coordinates indicated in the cadastre or is it arbitrarily displaced?
Is it possible to divide the territory between shareholders in accordance with the established procedure for use?

The cost of a land survey depends on the size of the area being surveyed. The larger the territory, the higher the price. The cost is affected by the urgency of the examination.

Cost and terms of examination

According to Regulation 214 regulating the process of land management examination, the time frame for its implementation is set at 14 days.

It all depends on the complexity of the work, which includes:

Preparation
Field work
Conclusion.

The cost of research is individual; its size is also influenced by the complexity of the work and its features. Only regional minimum values due to economic development are maintained. For example, in the center, in particular in the capital, the cost of work is the highest and starts from 60,000 rubles.

The cost is influenced by many related factors, such as:

type of survey;
the size of the area intended for research, the presence of objects on it, its intended purpose;
the number of stages required;
location of the site;
reputation of the performing company.

Important: conducting a pre-trial examination will cost much less than during judicial proceedings.

Why is expertise needed?

Expert work is carried out to resolve controversial issues related to land and the right to own it, which is relevant in the following situations:

establishing or restoring the boundaries of private territory;
land dispute between neighbors in the process of land surveying;
determining the legality of buildings on the territory;
correction of cadastral error.

The work is carried out in three stages - studying the provided documentation on the land, an expert visiting the site to study the territory and drawing up a report indicating detailed information.

Land management examination

Order

There is a difference between pre-trial examination - carried out in accordance with an agreement between the expert company and the owner of the land, as well as judicial examination, which is appointed by the court. In addition, the examination can be:

initial;
additional - required if the act did not reflect complete information or unaccounted circumstances were discovered;
review of the initial examination - carried out to justify
repeated – if the results of the examination are questioned;
independent - ordered out of court, submitted to the court for consideration along with other documents.

Features of the examination

A forensic land survey can only be carried out by a licensed specialist.

If the examination is carried out within the framework of judicial proceedings, then it is strictly delineated by the legal framework.

In this case, the main thing is the court case. The expert has the right to use in his research only the documents specified in the order. He must find and give clear answers to the questions put to him by the judge, not by the parties. If participants are interested in additional questions, they ask for them. He also has no right to answer legal questions; there is a court for that.

The court file must include the following information:

geodetic coordinates;
dimensions of the plot;
topographic characteristics;
clearly formulated questions of the court;
deadlines for completing the work;
title and other documents for the site.

The court uses the services of only a licensed expert. He must be given access to the facility and the listed materials.

After completing the work, the expert draws up a conclusion and submits it to the court. Authorized persons will additionally check the expert’s work, what materials he used, etc. If it is discovered that third-party data has been used, the examination will be invalidated.

In addition, in case of doubts and identification of inaccuracies, the court may:

call an expert to a meeting to give testimony and explanations;
oblige to conduct additional research;
oblige to write a review of the initial conclusion;
resort to a repeated or independent examination if all the arguments are unconvincing.

Construction and technical expertise

This type of examination is carried out for construction projects and territories functionally related to them. To carry out construction and technical examinations, experts require specialized knowledge in the field of construction. Construction and technical examinations allow us to establish factual information about:

· condition and parameters of buildings, structures and individual structures;

· the possibility of transforming construction projects and the functional areas of land associated with them (division, change of purpose, number of storeys, etc.);

· compliance of real estate with regulatory and technical data;

· cost of construction projects and volume of work performed;

· how, why and under what circumstances real estate objects partially or completely lost their functional and operational characteristics and safety properties.

Construction and technical examination is carried out if required:

· divide households and other real estate;

· determine the procedure for using real estate objects;

· establish whether construction projects comply with the requirements of design documentation or regulatory documents;

· determine the compliance of land development with urban planning and other requirements;

· determine whether the actual parameters of insolation, natural light and microclimate of residential and non-residential premises comply with the established technical and other requirements;

· determine the technical condition of construction projects and non-compliance of structures with any parameter established by the project or regulatory document, establishing the causes, conditions, circumstances and mechanism of their occurrence;

· determine the list and estimated cost of work to eliminate defects that occurred as a result of construction and/or improper maintenance of the property of premises owners, including operating services;

· examine construction sites, their individual elements, engineering systems, equipment and communications to establish the volume, quality and cost of actually completed construction work;

· other.

conclusions

Land surveying is important for determining boundaries, area and resolving disputes. Within its framework, you can solve the issue of imposing boundaries, take them into nature, further divide the area, or connect several together.

Depending on the reasons for their conduct, surveys come in several types, have specific deadlines and individual costs.

At the same time, they can be carried out voluntarily or compulsorily through the court.
In the latter case, all decisions regarding the specifics of the expert’s work are made by the judge. Order a free legal consultation