In simple words: land surveying of apartment buildings

Legal basis of the process

The general regulations for the procedure for surveying a land plot under an apartment building are contained in the Federal Law of the Russian Federation No. 78 “On Land Management” and the Law “On the State Real Estate Cadastre”.

Significant changes to the land legislation of the Russian Federation are introduced by the Government at regular intervals. The last amendment to the Land Code occurred on March 1, 2015, when Article 26 ceased to apply. From this moment on, land surveying of an apartment building is carried out in accordance with Article 11.9 of the Land Code and urban planning legislation.

We tell you how to carry out land surveying of the local area 9811

The land plot on which the apartment building is located with all the elements of landscaping and improvement belongs to the owners of this house. The same goes for landings, attics, roofs and other common property. So says the article. 36 Housing Code of the Russian Federation. However, in order for residents to be able to say that the land plot under the house belongs to them, two conditions must be met. We'll talk about this in our article.

However, in order for residents to be able to say that the land plot under the house belongs to them, two conditions must be met:

1. The land plot must be formed. That is, its boundaries and size have been determined (a land surveying procedure has been carried out).

2. The land plot must be registered in the cadastral register. That is, it must be assigned a cadastral number, after which it must be entered in the cadastral register.

It is from the moment the land plot is formed (surveyed) and registered that any home owner can say - this is the land of our home!

From this moment on, owners can exercise their right to dispose of this land.

Sometimes residents mistakenly call the land surveying and registration procedure “privatization” of the land. This is wrong because no transfer of land ownership is taking place. The land is simply properly registered.

IF THE LAND IS NOT REGISTERED IN OWNERSHIP

1. Residents (owners) do not have the right to dispose of a land plot.

2. Taking into account urban planning standards, capital construction objects (shop, cafe, sauna) or temporary objects (metal garages, parking lot, etc.) can be placed on it without the consent of residents of nearby houses.

If the rights to the site are not registered

Without carrying out the procedure for surveying the apartment building, the residents of the house cannot use it at their discretion and cannot even protect it from illegal development.

Lack of land documents can lead to the following:

In the local area it is possible to erect permanent and temporary buildings without the consent of the residents. If construction permission is obtained from the authorities and it complies with urban planning standards, it will be impossible to demolish such buildings later.
Management companies will not be able to deal with issues of landscaping the territory, including the maintenance and repair of playgrounds and garbage removal (read about the repair of the local area of an apartment building here).
Without land registration, it is impossible for a house to enter government programs.
A house without a land plot cannot be included in the capital repair and reconstruction program, therefore, all work, if necessary, will be carried out at their own expense.

What benefits does land surveying provide to residents of an apartment building?

The need to survey the local area arises when the owners of premises in an apartment building want to defend the plots that rightfully belong to them from illegal development. To prevent shops, cafes and parking lots from appearing on land owned by the HOA, it is necessary to timely determine the local area and its boundaries, and document this fact.

Within the boundaries of the allocated local area, owners have the following opportunities:

Organization of landscaping elements (recreation areas, playgrounds, etc.).
Fencing the parking area.
Installation of a barrier at the entrance to the territory of the house.
Renting out part of the plot.

IMPORTANT. Carrying out land surveying of the local area and entering information about it into the state register is one of the conditions for the participation of apartment buildings in the overhaul program.

Stages of registration

The specific procedure will be discussed here.

A general meeting of residents is held. By a simple majority of votes, a decision is made on the land surveying of the adjacent plot of land. Select authorized representatives who will be directly involved in this process. The outcome of the meeting is the corresponding minutes. It should indicate: the location of the meeting, the agenda of the meeting, the residents present, what decision was made, who was chosen as authorized representatives.
An appeal is made to the city Administration or other relevant local authority. They end up with a preliminary approximate land surveying plan. To do this, it is necessary to draw up a package of documents, which includes the following papers: minutes of the meeting and a preliminary design of the local area for land surveying. You will also need to draw up a statement to consider this issue.
The document that was received from the Administration at the previous stage serves as the basis for contacting a licensed design organization, which will ultimately develop an official land surveying project.
The official land surveying project is reviewed by a meeting of house residents and undergoes an approval procedure.
Authorized persons hire a cadastral specialist to draw up a boundary plan.
With such a document, an application is made to the territorial branch of Rosreestr for registration in the Unified State Register of Ownership Rights to Real Estate. To do this, you will need the boundary plan itself, an application for cadastral registration, as well as those documents that confirm the authority of the representative (usually a passport and a corresponding executed power of attorney). The plan must be presented not only on paper, but also on electronic media. The period for consideration of such a matter does not exceed two weeks.

It is important to note that obtaining a certificate of ownership is not mandatory, but can be done at the request of the owner.

The ownership of real estate itself is finally established as a result of registration of the corresponding entry in the Unified Register.

The issuance of an extract from the register does not affect this fact.

Who determines the boundaries of the local area

Where can I find out the boundaries of the local area of an apartment building? According to the laws of the Russian Federation, the responsibility for carrying out land surveying of sections of apartment buildings lies with the local government bodies of settlements. In practice, this item of the settlement budget is financed on a residual basis, so the authorities often refer to a lack of funds and the issue of determining the boundaries of local areas remains unresolved.

At the same time, the owners of the apartment building premises themselves can order and draw up land surveys. Therefore, you should not wait for any action from the authorities and deal with this issue yourself. Owners of premises, according to Article 305 of the Civil Code, can protect their rights regarding the local area if they have title documents.

How to determine the boundaries of the local area of an apartment building

So, how to determine the local area of an apartment building. Land surveying at the initiative of the owners themselves consists of the following stages.

Owners meeting. Its goal is to determine the needs of the apartment building and the purpose of the land plot. The meeting elects an authorized representative who represents the interests of the owners and enters into contracts for the execution of work. The meeting is considered to have taken place when at least two-thirds of all owners of the premises of the building attend, and at least 50 percent of the participants must vote for the decision. Based on the results of the meeting, minutes are drawn up.

Applying to local government authorities to approve the layout of the land plot. Boundaries when surveying land under an apartment building are formed according to the following rules:

On the territory being formed there is one building with adjacent landscaping elements.
The boundaries cannot include driveways or elements of residential areas connected to the city road and street network.
When forming boundaries, zoning is observed, taking into account the actual land use determined by the urban planning regulations of the municipality.
Landscaping elements should not cross the boundaries of the area designated by the plan.

After contacting the authorities, the following steps follow:

Project development.
Approval of the project by the meeting.
Registration of land management business.
Registration of the boundary plan in Rosrestr, registration of the site for cadastral registration.
Obtaining a Certificate of Ownership.

An example of a land surveying project for apartment buildings in the city of Kaliningrad.

How is land surveying carried out for an apartment building?

The start of land development work around a residential building is developing according to two scenarios:

The residents decided to initiate the protection of their local area from encroachment from outsiders . At this stage, your task is to find like-minded people among your neighbors and ensure a quorum of owners at the general meeting. Correctly formalize the consent of the simple majority.
Officials have included your apartment building in the land management program . They prepare a corresponding resolution and carry out all work at the expense of budgetary allocations.

The further procedure for land surveying occurs depending on who initiated the work to establish the boundaries of the land plot. We will consider cases when the initiators are the residents of the house themselves - this is the most common way of legitimizing boundaries.

Action algorithm for proactive residents

The decision of the meeting is documented in a protocol, which indicates the person responsible for performing the work. It is subsequently authorized to conduct the entire preparatory part of land management.
An application for setting boundaries is sent to the land management department of the local administration. The necessary documents are attached to it, a list of which will be provided to the commissioner by the local government authorities.
Officials analyze the package of documents and give consent to carry out land management work around a particular house.
The boundaries of the adjacent property are determined taking into account the number of floors of the apartment building, the number of apartments, and the land regulations in force in each specific locality.
The settlement administration may recommend that residents contact a municipal land management company, where prices are regulated and somewhat lower than in commercial firms. But the choice always remains with the customer of the work.

Where to order land surveying?

Owners of apartments in apartment buildings have the right to order land surveying from any organization engaged in land management work. If the initiator of the land survey is the municipality, the work is carried out by the municipal enterprise. If there is no corresponding municipal unitary enterprise on the territory of the settlement, the land delimitation project is carried out by a licensed commercial organization. What is a territory planning project and a territory surveying project? Read more here.

The land surveying process is not as simple as it may seem to an ignorant person. We advise residents to take a balanced approach to choosing a contractor. A cadastral engineer must have the appropriate certificate and be included in the state unified register of land surveying specialists.

Errors in carrying out geodetic work threaten not only the loss of money and time, but you may be denied registration of rights to a plot of land under an apartment building.

The land surveying project for an apartment building is classified as complex. It will be carried out correctly and with a guarantee by a state-owned company - please contact the BTI with your application. If the work is urgent, and the state company promises to do it only in the next quarter, look for private organizations.

Pay attention not only to the prices of the work, but also to the reviews. A prerequisite for admission to land surveying must be certification of cadastral employees, and the main type of work of the company is geodetic.

With whom do you need to coordinate the boundaries of the local area?

Those who have begun the privatization of land under MKD need to know that the area of the land plot and its configuration are established by local government bodies, based on the urban planning plan and regulations.
This takes into account :

the area of land occupied by the house itself;
size of children's and sports grounds:
boundaries of recreation areas and parking areas;
red lines and natural border lines.

But the boundaries of the delineated area must be agreed upon with users of adjacent areas, owners of neighboring houses and tenants, if any, in the local area.

Step-by-step instructions for land surveying under an apartment building

Once you have the resolution of the local administration on permission for land surveying and the land management plan, contact a geodetic company.

A package of title and information documents for land plots under MKD is provided.
A land surveying project and technical specifications are drawn up and approved.
The area of the site is being measured.
The boundaries of the local area are marked and agreed upon with interested parties.
A final document on land surveying with a descriptive part and drawings is prepared.
The authorized representative receives a survey act from the residents and submits it to Rosreestr to formalize the right of common shared ownership of a land plot located under an apartment building.

After paying the fee and examining the documents, residents receive their undivided use of the local area with an individual number and cadastral coordinates. The Cadastral Chamber determines the cost of land under an apartment building, which will be useful to residents during the demolition of a dilapidated house.

Timing and cost

Land surveying under MKD is costly and lengthy.
This is due to the fact that the initial documents on setting boundaries are prepared by the local administration. The process may be complicated by the transfer of red lines and changes made to the zonal layout. In this case, the Civil Code prescribes holding public hearings on the territory surveying project. Participants in the public event develop recommendations for the local legislative body. Such delays can take three or more months, as they depend on the efficiency of officials and deputies.

Geodetic work and production of final documents take 30–45 days. It is possible to complete the entire procedure within 7 working days by providing documents for registration of the land plot.

The cost of implementing a land surveying project for an apartment building depends on the following factors::

location of the house (metropolises, regional, district centers, towns);
number of floors of housing;
storage configurations;
area.

It’s paradoxical: prices for work may be lower for private companies, although government companies are required to adhere to regulated tariffs. When choosing surveyors, be guided by the quality of the work. You will find the assessment of cadastral engineers in reviews and in the Register.

Taking into account all factors, the price of the issue is within the range of 10 - 40 thousand rubles, which, when translated into the number of residents, is not an exorbitant amount.

Features of definition and coordination

The boundaries of the territory of an apartment building are reflected in the boundary plan of the adjacent territory of the apartment building at the stage of obtaining a development permit. If such a project does not exist, the boundaries of the site are determined by actual use. The configuration of the boundaries of the site and its dimensions are approved by the local administration.

To calculate the size of the area of the local area, there is a formula approved at the legislative level. According to it, the territory includes the land under the building itself, children's areas, parking and play areas, and recreation areas.

The exact boundaries of the site are determined according to the norms and requirements of the town planning and land codes. Article 36 of the Land Code defines the rules for calculating the territory and configuration of a site based on the red lines of boundaries with neighboring sites and natural boundaries (if any). According to Federal Law 221, when surveying a local area, it is necessary to coordinate its boundaries with the owners of buildings on neighboring plots, as well as tenants of adjacent lands.

The specific planning of zones before surveying the territory of an apartment building is the responsibility of the architecture and urban planning departments of the municipality. After land surveying has been carried out, decisions on the use of the territory can be made by the owners by making a decision at a general meeting.

General procedure for registration

If the decision to survey the adjacent plot of land has been made, in order to carry out the survey, it will be necessary to take a number of steps:

Convening a general meeting in which all residents of the building will participate. Carrying it out will consist of several steps. First, you need to present the project well to the meeting participants. Here you will need reports, diagrams, answers to questions. After the end of the information part, it will be the turn to conduct an active discussion of upcoming actions. At the same time, residents who have an active life position will speak. Some votes will be cast in favor of carrying out the land surveying procedure. Others are against it. After detailed discussions, participants will have a guaranteed opportunity to clarify the existing situation for themselves. When the debate is over, it would be wise to take a break for two or three days to allow residents to finally decide their position on the issue. A vote is then held at which major decisions will be made. First, it will be decided whether to carry out the procedure in question at all. Secondly, if the outcome is positive, it will be necessary to select an authorized person to conduct the necessary negotiations and conclude the relevant contracts. There is one rather important question here. What majority of votes is required when deciding on privatization? A simple majority is sufficient for this. That is, if more than 50% vote in favor of carrying out the survey (and the rest are against or abstain), then the decision is considered finally made.
At the next stage of registration, such an important issue as the formation of a land surveying project for the local area will have to be resolved. Why is this so important? The fact is that there are no sufficiently clear criteria for which land belongs to the local area and which does not. For this, there are some formal requirements, the peculiarities of the current situation, the resolution of controversial issues with neighboring owners, the interests of municipal authorities (and they, of course, are interested in reducing the local area, increasing their own). There are other factors that influence decision making. The work consists of two stages. First, an appeal is made to the municipal authorities in charge of the disputed territory. This is where the discussion and clarification of the boundaries of the territory take place. Then the land surveying project is carried out directly. Usually it is done by an organization at the level of a design institute, which has permission for this type of activity. After the plan has been drawn up at this stage, in the future it will only be formalized (it is no longer expected to change the boundaries). To carry out such work, authorized persons draw up an agreement with the design organization that will carry out this work to create a boundary plan for the local area. It is important to emphasize that only a state-licensed organization has the right to do this type of work.
After the project has been prepared, it must be approved at a meeting of owners of the apartment building. When approval is completed, move on to the next step.
Based on such a plan, the cadastral engineer will carry out work to create the required land management document - a cadastral plan. It is also important to note here that only a licensed cadastral specialist is allowed to carry out this type of work.
After the boundary plan is completed, it is necessary to register the land in the Unified Register. As is known, in the Russian Federation, the ownership of any real estate property is finally established from the moment data about this fact is entered into the Unified State Register of Rights to Real Estate. After this, ownership of the adjacent plot of land will be finally established.

An important point is agreement on land surveying issues among the owners of premises in the house. This will save you from many problems in the future.

This section showed the general procedure for registering a plot of land. Below are the details of this process for apartment buildings.

We recommend that you read:

How long does it take to survey a plot of land?

Where and how to order?

Landmarking the local area of an apartment building is a complex procedure that requires the use of special equipment and is carried out in accordance with government regulations and instructions. Specialized geodetic organizations with permits and licenses have the right to prepare the project. Their list can be clarified at the settlement administration.

A person authorized by the general meeting of owners interacts with the design organization. As a rule, the chairman of the HOA or a member of its board is elected as a representative. Where can I find out the local area of an apartment building? To order a project, you need to contact the relevant organization and submit an application to carry out work to determine the boundaries of the site. Along with the application you must provide:

Customer's passport.
Technical passport of the building.
Cadastral plan of the site.
Description of boundaries.

REFERENCE. There is the possibility of concluding an agreement with the design organization, which instructs the surveyors themselves to request the necessary documents. With this option, the organization will need to issue a power of attorney.

A person authorized by the residents submits an application to carry out the procedure. The document includes the following points:

The name of the government body to which the citizen applies.
Personal details of the applicant.
Please carry out land surveying indicating the address of the apartment building.
Details of legal documents.
Cadastral number of the plot.
Agreement to pay for the work.
Date of the document, signature of the applicant.

What are we talking about here?

Many people do not live in separate private houses with their own plot of land, but in large apartment buildings containing tens or hundreds of apartments. As a rule, the ownership of housing is of great importance. However, in apartment buildings the question of privatization of the surrounding land is not as obvious as in the case of a private house where only one family lives. In the latter case, it is clear why it is important to register land ownership in a timely manner. And in the case of an apartment building (demarcation of the land plot of an apartment building), this issue still requires clarification.

In fact, registering the area surrounding a large apartment building as private property has its advantages, although it is associated with certain additional costs.

What benefits can you get if you go through the registration procedure:

First of all, we are talking about joint ownership of this land. On the one hand, the group of owners must, at a general meeting, determine the persons responsible for certain organizational issues. Elected representatives from the collective will decide various issues that the community of owners will pose regarding the territory in question. On the other hand, in this place it will be possible to create those objects that are needed for this house.
Having ownership rights, you can protect yourself from all sorts of unwanted tenants who, for one reason or another, can complicate the daily life of residents. We can, for example, talk about entertainment centers with loud music at late times or about organizing an industrial workshop in the local area. With land ownership, such things can be prevented.
If the procedure has been carried out, this will make it possible to participate in programs for the overhaul of the building and territory at public expense.
There is an opportunity to organize cleaning of the local area on a regular basis by concluding appropriate agreements with the local company.
Another aspect relates to competition. The rules for forming the boundaries of the site will be discussed further, however, in this system there are unclear places that will allow those who have carried out land surveying of the adjacent area to somewhat expand their land at the expense of those who have not yet completed the registration.
In addition to the previous point, it can be pointed out that while there is no ownership of the specified territory, not only tenants of municipal land may appear there, but also unauthorized invaders of land, for example, to install their own trading kiosks.
Residents of the house will collectively be able to rent out the adjacent land in such a way that the income from it will be at the disposal of the entire house.
If there is an appropriate desire, it will be possible to fence the area with a fence to limit the presence of unauthorized persons in this place.

Of course, when making this decision there are not only positive, but also negative sides. One of the most important is that in this case the costs of residents will increase sharply.

Why is this so:

Owning land, you will have to pay land tax for it in accordance with the law.
Having chosen persons authorized for a certain job, most likely, they need to pay a salary, which will be formed from contributions from residents.
The creation of improvement facilities on your own land will also have to be paid for out of your own pocket.
In addition, if there are already rental objects in the territory in question, they will have to re-conclude the corresponding agreement with the new owner, and in some cases this can become a rather tedious problem. In some cases, this may result in litigation.

You also need to understand that we are talking specifically about joint ownership of this territory of a residential building. At the same time, no individual land is expected here.

To resolve any issue, the opinion of the majority of residents and clearly organized interaction between them in such matters will be required.

Time and cost of work

The site surveying project is completed by cadastral engineers in 2-4 months. The exact terms are agreed upon by the customers and the company where authorized residents will contact.

The price for the project varies from 10 to 30 thousand rubles, depending on the configuration of the site, its size and the necessary papers to approve the project.

According to the law, payment for land surveying is the responsibility of the authorities. In fact, there are often cases when, without waiting for action from the municipality, residents decide to pay for the procedure at their own expense. The procedure for returning the amount spent is not provided for by law.

It is important to know about the maintenance of the local area. We talked about this, as well as about dog walking, cleaning, paving and lighting in our other articles.

Causes of land disputes

managed to locate any real estate objects in the local area before land surveying As a rule, such buildings are erected without proper registration, but their owners may have land lease agreements with municipalities.

Then the residents of the apartment building will have to challenge the administration’s right to receive rent from the plot that belongs to them. The demand for the demolition of illegal buildings is made after land surveying. Alternatively, you can cancel the lease agreement with the administration and enter into a new agreement with the owner of the property. The funds from such an agreement will be used for general house needs.

There are cases when part of the land plot, rightfully owned by the MKD, is already registered in the name of some outsiders, and with all the permitting papers. In these circumstances, the issue will have to be resolved with the help of construction expertise. According to SNIP standards, the territory around the house must be owned exclusively by the homeowners, therefore, based on the construction expertise, a lawsuit is filed in court.

If the decision is not made in favor of the owners of the apartment building, an easement can be established on this plot of land, based on the need to maintain the house or organize the movement of vehicles. Then the owners of the premises will be forced to pay rent.

Land surveying is a procedure necessary to determine the local area, allowing the owners of premises to obtain land in common ownership. In this article, we looked at how to determine the local area of an apartment building. Having properly registered the land, residents of the apartment building will be able to use it at their discretion and even receive money from it for general house needs.

General points

Land surveying is a procedure that gives the right to the owners of the premises of an apartment building to dispose of the land at their own discretion.
To carry out land surveying, it is advisable to hold a general meeting of residents to determine the boundaries of the future site. However, for land surveying, an application from just one owner is sufficient.
From the moment the plot is placed on caduchet, the land passes into common ownership.
Controversial issues regarding the establishment of boundaries with adjacent areas are resolved through a land management examination.