Sample of filing a complaint against a cadastral engineer to Rosreestr

Help from a lawyer on this issue

Every citizen living in any of the constituent entities of the Russian Federation can complain about Rosreestr, and there are a lot of reasons for this. Since the activities of Rosreestr are regulated by law and are inextricably linked with the property rights of citizens, you can suffer from the unprofessionalism of this authority for quite a large sum of money. At the same time, you should complain primarily not to the central office operating in the Moscow region, but to regional divisions. It is the appeal of previously issued resolutions that is carried out through the central office in the Moscow region.

Are there any grounds for filing complaints?

The procedure for state registration of rights to property should be carried out in relation to any real estate transferred to the new owner on the basis of contracts and transactions: purchase and sale (including the connection of a mortgage), donation, exchange, inheritance, etc. It is in these areas of work that complaints are also filed on Rosreestr.

What can you complain about regarding the work of Rosreestr in Moscow and other regions:

• failure to meet deadlines for registration of rights;
• errors in information entered into the register;
• groundless return of the application for placement and cancellation of the proposed procedure;
• loss of documentation submitted by the applicant (more precisely, copies of documents for housing, land, personal documents, etc.);
• Rosreestr specialists ignoring the internal procedures for working with applicants and their papers;
• failure by Rosreestr employees to comply with communication standards or other manifestations of incompetence, etc.

Some of these problems can be solved within Rosreestr itself, especially if the management itself is inclined to such interaction (for example, conflicts due to non-compliance with communication standards). However, many issues should be resolved through a mandatory third-party investigation.

Grounds for complaint

The Federal State Registration Service (Rosreestr) carries out cadastral registration of real estate. The reason for filing a complaint with Rosreestr may be any violation committed by an employee of a federal body or a controlled institution.

Common reasons for claims are:

1. The deadlines within which registration services must be provided have been violated.
2. Incorrectly stated value of real estate after a cadastral valuation has been carried out.
3. Technical errors made by department employees.
4. Additional fee for services provided (in addition to the mandatory state duty).
5. Refusal to satisfy the appeal of a citizen who wants to correct shortcomings made in the preparation of the Unified State Register.
6. Incorrect information entered into the database.
7. Request for additional documentation that is not included in the official list established by law.

Attention! Complaints against cadastral engineers can be sent if violations are detected when registering the boundaries of land plots or spontaneous seizure of land by people who do not have legal grounds for such actions.

It is also useful to read: Basic ways to send an application to Rosreestr

How to properly file a claim

To write a complaint about Rosreestr, it is worth taking into account legislative standards. It is worth noting that almost all types of applications under discussion are subject to Federal Law No. 59. It regulates both the actions of the applicant and the receiving party. The exception is claims, which also allow you to complain to Rosreestr, and their filing is regulated by the Code of Civil Procedure of the Russian Federation.

In any case, the complaint should be as concise as possible, indicating legislative references. Unclear expression of thoughts (in which the government agency simply cannot make out the essence of the offense), obscene expressions and verbal aggression are reasons for leaving a claim against Rosreestr without attention and further inspections.

Sample complaint

The structure of complaints is approximately the same in all cases. The difference is that it is not unified for most of them, except for claims (in the Civil Procedure Code of Russia). However, it is better to file a complaint using the common document format for this purpose.

How to complain about the activities of an organization and draw up a sample complaint to Rosreestr:

1. An introductory part containing information about the applicant and the recipient of the claim message.
2. Name: statement (including claim) or complaint/claim.
3. A text containing a description of the issue and links to legislative articles confirming the existence of the violated civil law.
4. A list of applications where you can and should include evidentiary materials about non-compliance with the rights of the population.

Complaints in the form of written claims and other statements must be signed by the applicant and indicate the current filing date. At the moment, it is preferable for people to complain about Rosreestr in online services on the websites of institutions (with the exception of court applications), and this form of writing is much simpler and does not require independent compliance with all regulations.

Structures for filing an application

A contractual agreement is concluded between the specialist hired to survey the territory and the customer. If the requirements of the contract were violated by the contractor, for example, the documentation was incorrectly completed, as a result of which Rosreestr refused to register the property, then the customer has the right to terminate the contract and demand his own funds back. But in practice, such requirements are usually ignored by performers. For poor quality work, you can complain about a cadastre employee to:

• SRO (self-regulatory organization);
• the prosecutor's office;
• court.

It is recommended to file a sample complaint against a cadastral engineer with the SRO if the engineer refuses to comply with the citizen’s legal demands to eliminate errors and return the amount paid for poor-quality services. Since 2021, all cadastral employees belong to a specific association of engineers (SRO) with selected management, regardless of whether they are individual entrepreneurs or are on the staff of any company. The complaint is submitted to the head of the self-regulatory organization using one of the following options:

• personally to the SRO, an application-complaint (provided in two copies), accompanied by documentary facts of the offenses;
• remotely - contacting the self-regulatory body of cadastral employees by registered mail via postal resources to the organization's address.

SROs can affect the quality of an engineer’s performance of his work, since the further continuation of his professional activities depends on them.
But statistics show that many organizations cover their own specialists, so they have to turn to third-party authorities. You can complain to the prosecutor about any violations of civil rights by cadastral specialists. It is necessary to submit a sample complaint against a cadastral engineer to the prosecutor's office in the departments located at the place of registration. There are several options for filing a complaint:

• submitting an application to the territorial authorities - to the prosecutor's office, to the secretary or personally to the prosecutor at the reception;
• via the Internet - fill out a sample application on the website of the Prosecutor General's Office or the district prosecutor's office at the place of residence;
• through postal resources - a registered letter is sent to the territorial authority.

If the local prosecutor's office has unsubscribed from the complaint or ignored it, then the application can be written again to the central authority.
But a higher authority will first check whether the appeal was made to its territorial divisions. If the applicant is indeed rejected by the local authorities, then she will begin checking. Online requests submitted through the website of the Prosecutor General's Office are redirected to local units to carry out verification. In this case, an additional 7 days are provided to the total period for consideration of the complaint. Based on the results of the investigation, the case may be brought to court. An order is sent to the cadastral engineer. An unscrupulous specialist may be subject to administrative or criminal liability.

The most effective way to complain is to file a claim in court. It is submitted after unsuccessful attempts to contact a self-regulatory organization, the prosecutor's office and other governing bodies. The court will accept such an application positively, since according to the current legislation, the citizen must first try to resolve the issue without bringing it to court.

Attached to the statement of claim are copies of documents with the refusal of the SRO, orders from the prosecutor's office, facts of violations by the cadastre employee. If during the trial the specialist’s guilt is proven, the judge will oblige him to pay the citizen not only the amount paid for poor-quality services, but also moral compensation. The execution of the decision must be carried out through bailiffs.

It is recommended to submit a statement of claim to the magistrate at your place of residence. He is the one who deals with these types of disputes. In some cases, the complaint must be filed at the location of the land plot.

How to file a complaint with Rosreestr

To decide on this issue, you need to think about which option will be most acceptable for a person if he wants to complain to Rosreestr: an electronic message on the website or a written appeal. Thus, the choice is made between remote sending of a message or self-delivery to the place where the applicant wants to complain.

Make a phone call

Another common, but less effective alternative to solving a problem is to call the institution by phone. Of course, no one should deny a caller at least minimal counseling, but accepting calls does not imply mandatory registration and verification of violations within the period established by law.

To clarify the current phone number (which can be a general hotline or a specialized line for this), you should again refer to the contact information on the official website of Rosreestr. In this case, one should take into account the principle of initial appeals to regional, and then to central authorities.

Online on the organization’s website

Complaining in the fastest format is allowed by generating an online message on the Rosreestr website. For this purpose, on the portals of government agencies (in Moscow and other regions), as a rule, there is a so-called Internet reception. In addition to saving personal or work time, a person avoids the need to think through every detail of the content.

The online form for writing a message contains pre-defined fields that a person must fill out. In addition to personal and personal data, you can enter the claim text itself here. Some services have a limit on the number of characters available for writing. Perhaps this is the only disadvantage if you want to complain in this way.

An online message is in no way inferior in importance to a written message. In accordance with the law, it is also registered within a three-day period after its receipt by the addressee. The further period for consideration of the complaint is 30 days in both cases. It is extended if additional checks are necessary, of which the applicant is also notified.

Send notification email

Every citizen also has the right to complain in writing using the Russian Post. However, this method provides the least amount of guarantees. This applies to both the deadline for receiving the letter by the addressee and monitoring the correctness of the application. If, according to federal law, the review period is approximately a month, then in the case of a letter it may take a little longer.

In order to guarantee the actual delivery of the letter, the sender must order the mailing with an attached notification. It is filled out by the recipient at the time the letter is delivered to him and sent back. Otherwise, the letter may, in principle, get lost and responsibility for this lies solely with the postal workers, and not with the recipient.

In addition, when writing a letter on the Internet or on a piece of paper handed over to a specialist, some monitoring of the correctness of writing occurs. The email already has preset fields to be filled out. When submitting a document to an institution, it is also reviewed by the receiving specialist, who has the right to make comments.

Personal reception with the manager

Do not forget that you can personally complain about Rosreestr not only to standard specialists, but also to the manager. To do this, you should make an appointment with him in advance within the framework of his work schedule. This can usually be done by calling the institution or electronically on the website. It is recommended that you formalize your requirements in advance.

The inconvenience in this case is that the personal working hours and reception of citizens is often inconvenient for the direct applicant. At the same time, waiting for an appointment with standard specialists can be done in the near future, but you may have to wait for weeks for an appointment with a representative of the management team.

How to complain?

In order to submit an appeal, you need to compose it correctly. Each complaint sent to the prosecutor's office has three parts.

1. Title. It contains information about the parties to the dispute. It is written in the upper right part of the A4 sheet. Contains: Information about the prosecutor's office receiving the complaint: address and full name;
2. Information about the authorized person. In this paragraph you need to indicate the full name and title of the head of the department;
3. Information about the applicant, namely your full name, place of registration, contacts;
4. Information about the Rosreestr department you want to complain about.

Advice

When writing a complaint, you should remember three very important rules: do not use insults or profanity, indicate only reliable facts and express your thoughts as clearly as possible using business writing style.

There are three ways to submit an application to the prosecutor's office:

• Apply in person. All you need is a passport;
• Send a representative in your place. You will need a power of attorney, the document included in the power of attorney, and a copy of your ID;
• Send an application by Russian Post. You will need to use certified mail with return receipt requested.

Where can I file a complaint?

To complain about the work of Rosreestr, Russians have several alternative places to submit complaints. In this case, it is necessary to take into account the provision that complaints should first be made at the place where the problem occurred. Only if a citizen receives an answer unsatisfactory here does he have the right to appeal to higher authorities regarding Rosreestr.

The main authorities where you can complain about Rosreestr:

• prosecutor's office;
• court;
• management of Rosreestr.

There are no restrictions for complaining to a certain number of recipients. A person has the right to complain about violations of Rosreestr to one or more addressees at once. However, it is recommended to first conduct so-called negotiations with Rosreestr itself. The written response received can be used in the future for appeals to other places.

To the head of Rosreestr

You can complain to the head of Rosreestr not only about work functions and poor quality of the registration procedure. It is worth contacting him in the event of interpersonal conflicts with specialists or manifestations of corruption and other fraudulent components in their activities.

Despite the fact that this assumes a possible solution to the problem within the organization without the involvement of outsiders and authorities, the format of the petition must follow standard writing rules. It is worth following the same structure of the complaint. At the same time, to obtain a guarantee that a response will be issued, it is recommended to ask for a mark indicating that the document has been accepted for work.

To the prosecutor's office

The activities of the prosecutor's office as the highest regulatory body in the Moscow and other regions make it possible to complain here even about the actions of such a state structure as Rosreestr. In this case, first of all, you need to complain about the situation that occurred on the territory of your subject. The decision made by the territorial body can be appealed to the Prosecutor General's Office of the Moscow Region.

Complaining about Rosreestr to the prosecutor's office of the Moscow region is also allowed during a personal visit or by sending a message on the official portal. You can complain here not only to resolve the initial issue, but also to initiate a review of the actions of lower divisions and their individual specialists.

To court

Every Russian has the right to file a complaint against Rosreestr in court in the form of a lawsuit. To do this, he does not have to pre-fill applications about Rosreestr with law enforcement and other authorities. The court considers initial appeals from citizens or appeals against previously made decisions.

How to complain about Rosreestr through court:

1. Collection of a documentary case: application + attachments.
2. Delivery of this package to the court office with a mark of acceptance marked here.
3. Waiting to be summoned to court for a preliminary meeting with the judge and the responding party.

A relative disadvantage of going to court regarding Rosreestr is the protracted nature of the analysis of claims. Unlike ordinary statements regarding the actions of Rosreestr, claims are considered during meetings and debates between the parties over several months. In this case, the plaintiff will face not only temporary, but probably also financial costs. This applies to the courts of all constituent entities of Russia, including the Moscow region.

Terms of consideration

According to the law, the period for consideration of standard appeals is considered to be approximately a month's delay (plus or minus a few days). The countdown begins from the moment of registration in a special journal. Registration must take place within three days after receipt of the letter by the addressee. Depending on the complexity of the situation described, the analysis and verification of the facts presented in the application lasts a little less or more than a month.

In addition, it is worth taking into account the mistakes of the applicant himself when determining the correct addressee for the application. If the recipient is not authorized to initiate an inspection based on a citizen’s message due to lack of proper competence, then he will necessarily forward it to the right place. However, such delays will increase the waiting period.

Filing a complaint using the Internet reception

So, the first method is to submit a claim electronically. Consider the procedure in this case.

If the essence of the complaint is more general, then the citizen can use another electronic form of appeal at rosreestr.ru/wps/portal/p/cc_ib_support/cc_ib_references_citizens.

This form sets out citizens’ claims related to organizational problems in the work of Rosreestr, namely:

• waiting too long;
• the presence of long queues;
• inappropriate service, etc.

For each of the listed situations, there is a sub-item that can be selected in the “Subject” section when filling out the application. Otherwise, the procedure for filing a claim is standard.

Normative base

Today there is an extensive regulatory framework for the activities of institutions in this area. In addition, an important legislative act is the previously mentioned Federal Law No. 59, which regulates the procedure for the acceptance and consideration of any appeals by all state and municipal authorities, as well as private organizations.

Legislative grounds for carrying out activities, on the basis of which you can complain about Rosreestr in any region (including Moscow):

1. Federal Law No. 218 of 2015, which reveals the rules and regulations for activities in the field of state registration of real estate.
2. Decree of the President of the Russian Federation of 2008 No. 1847 “On the Federal Service for State Registration, Cadastre and Cartography.”
3. Government Decree of 2009 No. 457 with a name similar to the previous document.
4. Order of Rosreestr of 2011 No. P/52 on the internal regulations of the institution.

In addition to specialized provisions of laws and decrees, this area of ​​activity and the implementation of the property interests of citizens is carried out at the expense of the Constitution of the Russian Federation, as well as the Civil Code. Accordingly, a complaint against Rosreestr is allowed based on any of the specified legislative acts or codes.

Deadline for consideration of a complaint against Rosreestr in 2019

Any appeal to the Federal Service for State Registration, Cadastre and Cartography must be considered within 30 days from the date of its registration. In exceptional cases, this period may be extended, but not by more than 30 days.

The response to the complaint must be sent to you in writing, either by postal address or by email (if you filed the complaint electronically).

Note! Rosreestr has the right to decide to terminate correspondence with a citizen on an issue to which written responses on the merits were sent to him more than three times.