State cadastral registration of real estate: what is it?

The concept of the state real estate cadastre

A cadastre is a collection of information presented in a certain systematized and ordered form.

The State Real Estate Cadastre (GKN) is systematized information about real estate that is in use or ownership on the territory of the Russian Federation. This information is used, for example, to determine the tax base.

Registration is carried out by the territorial bodies of Rosreestr. They also carry out timely monitoring of the object.

All real estate objects are subject to mandatory registration. The state cadastre must contain the following information about each property:

• type of object;
• cadastral number, as well as the date of registration;
• detailed description of the boundaries of the object;
• its location;
• object area.

Additional information may also be entered into the state real estate cadastre:

• the registration number of the object that was assigned to it earlier, if such a fact occurred;
• cadastral number of the object, which was formed as a result of legal actions with another property;
• cadastral number of the object, if it is formed from this object;
• cadastral numbers of a plot of land, as well as buildings and structures located on this plot;
• information about previously arose real rights to this object;
• information about the encumbrance of real rights;
• other additional information specified in paragraph 2 of Article 7 of the Federal Law “On the State Real Estate Cadastre”.

Depending on the property, certain cadastral information may be more accurate.

The state real estate cadastre is maintained in accordance with Federal Law No. 221-FZ dated July 24, 2007 “On the State Real Estate Cadastre”.

Refusal to register with cadastral registry

Today, there are frequent cases of refusal to register a property for cadastral registration. The main reasons for refusal are:

• The application for registration was carried out by a person who does not have the authority to do so or with incorrectly formalized authority (for example, an expired notarized power of attorney).
• If the property is not subject to cadastral registration (if we are talking about lands for state needs, objects prohibited for privatization, land plots with dimensions larger than the maximum or minimum allowable, movable property).
• If a real estate object is formed from another object, but such transformation is not allowed at the legislative level.
• In case the real estate is an object to which there is no actual access or the border of the territory of a populated area passes through the object.
• If the applicant has not provided a complete package of documents or they contain errors or inaccuracies that cannot be eliminated.

The decision to refuse cadastral registration must be made in writing, indicating justified reasons. The applicant has the right to re-apply to the cadastral authority after eliminating the reasons for the refusal or to appeal the decision on refusal in court.

Principles of cadastre maintenance

The basic principles of maintaining the state real estate cadastre are listed in Article 4 of the Federal Law “On the State Real Estate Cadastre”. The following principles can be distinguished:

1. unity, that is, throughout the entire territory of Russia the state cadastre is maintained using a single technology;
2. public availability, then any individual or legal entity can obtain the necessary information upon request. An exception is information that constitutes state, commercial or other secrets protected by law;
3. relevance, that is, information is constantly updated;
4. comparability - all information specified in the cadastre is comparable with information contained on other information resources;
5. storage of information is carried out on the basis of relevant regulations;
6. after changes are made to the cadastre (if necessary), all earlier information is retained.

The state real estate cadastre is maintained on paper and electronic media. If information on different media differs from each other, then paper media is preferable.

The state cadastre of real estate on electronic media is part of a unified state information system, which also includes a register of rights to real estate in electronic form.

Which bodies are responsible for maintaining the cadastre?

The state real estate cadastre is maintained by the federal executive body. Such a body is the Federal Service for State Registration, Cadastre and Cartography (Rosreestr).

This government body is entrusted with the function of organizing a unified system consisting of the state cadastre and the system of state registration of real estate.

The functions and powers of the abolished state bodies (Rosnedvizhimost and Roskartografiya) were completely transferred to the jurisdiction of Rosreestr.

To obtain information from the State Tax Committee, you must submit a written request. This can be done by visiting the territorial office of Rosreestr in person or by mail. In paragraph 3 of Article 3 of the Federal Law “On the State Real Estate Cadastre”. It is also indicated that you can use the services of multifunctional centers (MFC).

Rules for entering information into the cadastre

The procedure for maintaining the state real estate cadastre and entering information into the state real estate cadastre is determined by the Order of the Ministry of Economic Development dated February 4, 2010 “On approval of the Procedure for maintaining the state real estate cadastre.”

The Order states that there is information interaction when maintaining the state real estate cadastre. As part of this interaction, the following is carried out:

1. cadastral registration in connection with the introduction of some changes;
2. entering information about objects that were taken into account earlier;
3. correction of accounting errors;
4. removal from the register.

Information interaction is carried out with:

1. government agencies;
2. local government bodies of all subjects of the federation;
3. owners and legal holders of real estate.

These above-mentioned entities have the right to request the necessary information from the State Control Committee. Such information must be provided within 5 business days of receipt of the written request.

Entering information into the State Property Committee is carried out on the initiative of:

1. a citizen who is the owner of real estate that is not registered in the cadastral register;
2. legal entity;
3. public authority.

To register a property, you must contact the territorial body of Rosreestr at the location of the property. You can also submit an application through the MFC. The application is registered on the day of application and then sent for consideration.

The application will be considered within 10 calendar days, and when submitted through the MFC, the period may increase to 15 calendar days.

The decision to register real estate is made by Rosreestr specialists on the basis of documents that are received through information interaction from other government departments.

The decision to enter information into the State Property Committee in the order of information interaction is accompanied by the adoption of:

1. decisions on entering information;
2. decisions to refuse to enter information.

A negative response must be submitted in writing, and such a refusal must be legally justified (references to regulations must be provided).

Registration of real estate is carried out within 30 calendar days. This period is established if registration is carried out in a documentary manner, and not in the form of information interaction.

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The procedure for cadastral registration and registration of property rights

In 2021, state cadastral registration of real estate is carried out in the manner established by Federal Law dated July 13, 2015 N 218-FZ, and includes the following mandatory norms:

• The following persons have the right to register a property for cadastral registration:

1. owner of the premises or land;
2. tenant (the lease term of the property must be at least 5 years);
3. a subject who has the right to use the object indefinitely;
4. bearer of the right of lifelong inheritable ownership.

Important! If a representative of the above-mentioned persons applies for cadastral registration, a notarized power of attorney is required. The legislation also provides for other cases of applying for cadastral registration of persons who are not included in the above list. Example 1. A citizen inherited a plot of land that was not registered in the cadastral register. Based on current legislation, the heir can acquire ownership rights only after the state registration procedure, which in turn can be completed upon provision of a cadastral passport. Accordingly, in this case, the application for cadastral registration will be carried out by the heir, who is not yet the owner of the real estate. Example 2 . A citizen wishes to purchase a plot of land that is the property of the state or municipality. After contacting the relevant government agency, the citizen receives an order on the need to carry out cadastral work, and only after registration with the cadastral register does he receive the right to subsequent purchase of the desired object.

• Where to apply for cadastral registration

In order to go through the procedure for registering a real estate property with cadastral registration, you can contact the territorial cadastral chamber or the MFC department located on the territory of a specific property. You can submit an application: in person, through a representative (if you have a notarized power of attorney), by post (documents must be certified by a notary) or through the government services portal (if you have an electronic digital signature).

• What documents must be provided for cadastral registration?
• An application drawn up in accordance with legal requirements (a sample is presented at the cadastral chamber).
• Geodetic and boundary plan (provided if a land plot is registered in the cadastral register).
• Technical plan (provided if the premises are registered in the cadastral register).
• A document that confirms the right of ownership or other use of a residential property (inheritance certificate, lease agreement, purchase and sale agreement, gift agreement, construction permit, commissioning act, certificate of ownership).
• Consent of the guardianship and trusteeship authority (provided if the owner/co-owner of the real estate is a minor).
• Russian Federation passport - for individuals, constituent documents - for legal entities.
• Notarized power of attorney (if the documents are submitted by the applicant’s representative).
• Receipt for payment of state duty.

If the land plot or premises are the property of the state or municipality, written consent of the property management committee must be obtained for cadastral registration. If cadastral registration is carried out by the user of land or premises, written consent of the owner must be provided. The package of documents is provided in full in originals or notarized copies. The cadastral chamber employee must issue the applicant a receipt indicating the list of all submitted documents and the date of receipt of the cadastral passport that all necessary documents have been received for consideration. The deadline for registering any real estate property is:

1. directly at the cadastral chamber - no more than 18 days;
2. when submitting documents through the MFC – no more than 23 working days.

• Issuance of a finished cadastral passport

On the appointed date, the applicant must appear at the document submission authority (cadastral chamber or MFC). Entering the necessary information about the property is confirmed by a cadastral passport or a detailed extract from the State Register. If the owner carries out the procedure for dividing or allocating real estate, cadastral registration is carried out immediately for all objects, while simultaneously terminating the cadastral registration of the previous property. It is worth considering this point: if a land plot is registered in the cadastral register for the first time, this registration is temporary with the transition to permanent registration only after registration of ownership. The temporary cadastral registration is valid for 2 years; then, if ownership of the plot is not registered, the temporary registration is cancelled. The cadastral registration procedure is considered completed after the new state registration of the property.