For all participants in the real estate market, the issue of registering ownership of a particular property is always relevant. And the cadastral engineer is the specialist without whom this procedure cannot be dispensed with. After all, it is he, according to the current legislation, who is obliged to prepare the necessary documents for putting the object on cadastral registration. The fate of the entire process depends on the skill level of this specialist: from the quality of the preparation of documents to the amount of time spent on interaction with the registration authorities, since any oversight or flaw can lead to a suspension or refusal to register with the cadastre. In this material, we will talk about what kind of documents a cadastral engineer prepares and what typical mistakes they usually make, so that both parties concerned, both the customer and the contractor, avoid these mistakes in the future. WHAT IS NEEDED FOR STATEMENT ON CADASTRAL REGISTRATION? Recall that cadastral registration of a real estate object is carried out in the following cases: - if a new real estate object is formed or created, - if its unique characteristics have changed, - in order to enter previously recorded objects into the register (i.e. information about real estate objects, the rights to which have arisen and have not been terminated until the date of entry into force of Federal Law No. 122-FZ of July 21, 1997 “On State Registration of Rights to Real Estate and Transactions with It”) - and, finally, if the real estate object has ceased to exist (in this case, accordingly, the reverse procedure is deregistration). The formation of a real estate object is not only a brand new apartment in a house handed over by builders. A new real estate object can be created as a result of division or, conversely, by combining the property of two or more persons. As for the unique characteristics of the object, they include: type of real estate object (it can be a land plot, a building, a structure, a premise, an object of construction in progress, a parking place, a single immovable complex, an enterprise as a property complex); cadastral number and date of its entry into the state real estate cadastre; area; address of the object; description of the location of the boundaries of the property; description of the location of the real estate object on the land plot, if the real estate object is a building, structure or an object of construction in progress; degree of readiness of the object of construction in progress; in the presence of number of floors - the number of floors, including underground ones; for apartments - the floor number of the building; as well as other additional features. All the objects listed in the paragraph “type of real estate object” need, since any transactions and procedures with them (purchase, sale, exchange, donation, lease) are possible only with objects, information about which is available in the USRN (single, consolidated register of real estate ). For cadastral registration as of 2017, the following documents are required: - application of the interested person and a document proving his identity; – boundary plan (for a land plot); – technical plan (for capital construction projects); - act of examination; - a copy of the document confirming the applicant's ownership of the property; - a copy of the document on changing the category of land and the type of permitted use of the site. Thus, we are primarily interested in the boundary or technical plan and the survey report. To submit these documents to Rosreestr, you must first contact the cadastral engineer and order the relevant work from him. The first two of these documents must be made at least in electronic form and certified by the electronic digital signature of the cadastral engineer (in paper form, it is prepared additionally in accordance with the contract). The survey report is drawn up as a result of an inspection of the location of the object in order to confirm the termination of its existence due to death or destruction. It is the cadastral engineer who acts as a kind of intermediary between the interested person and the registering authority itself. The quality of information contained in information resources about real estate objects also depends on the professional level and quality of work of such specialists. CHOOSE AND CHECK Before concluding a contract with a cadastral engineer, it is advisable to make inquiries about it. Of course, the best option for the customer is to contact a competent organization that will provide services with a quality guarantee. However, if you decide to choose a specialist yourself, you should first find information about him in the state register of cadastral engineers, posted on the official website of Rosreestr. This is a unified register at the federal level, the number of specialists included in it already reaches 40,000. In addition to personal data, it contains information about the availability of attestation and the results of the professional activities of specialists. This is the first, basic and mandatory, degree of verification, since a specialist whose data is not available in the specified register does not have the right to conduct cadastral activities, and therefore, the documents prepared by him in the registration authority will not be accepted from you, even if they are one hundred percent correct . In addition, you need to find the name of a specialist in the register of one of the many SROs, since from December 1, 2016, only engineers who are members of such self-regulatory organizations are entitled to carry out cadastral activities. Moreover, each cadastral engineer can be a member of only one self-regulatory organization of cadastral engineers. To become a member of the SRO, a candidate must pass a theoretical exam, according to the results of which the specialist is issued a qualification certificate and is assigned a registry number. At a personal meeting, also check the seal of a specialist. According to the new requirements of the legislation, from December 1, 2016, it must indicate the last name, first name, patronymic (if any) and the insurance number of an individual personal account in the system of compulsory pension insurance of the Russian Federation. Other types of seals are not valid. Finally, when signing the contract, make sure that it specifies all the types of work performed by the cadastral engineer. The contract must be accompanied by a task for the performance of work and an estimate approved by the customer. TYPICAL ERRORS OF CADASTRAL ENGINEERS So, the work has been completed according to the contract. However, practice shows that even trusted specialists encounter errors in the preparation of documents. As a result, the period of cadastral registration is significantly increased and a lot of additional problems arise. Not to mention the fact that at any of the stages of approvals in the registration authority, the applicant may be refused if the cadastral engineer has incorrectly executed the documents. In May 2017, the branch of the Federal State Budgetary Institution FKP Rosreestra in the Bryansk region analyzed the main mistakes made by cadastral engineers in the preparation of boundary and technical plans, as well as survey reports. The following typical errors were identified: 1) in the section of the survey plan "Conclusion of the cadastral engineer", the justification for the location of the specified boundaries of the land plot was not given; 2) the boundary plan provided in electronic form does not provide reading and control of the submitted data; 3) in the annex to the boundary plan there are no copies of documents confirming the powers of the persons participating in the coordination; 4) if there are buildings, structures, objects of construction in progress, other objects on the land plot, the land survey plan does not indicate the cadastral number of such ACS or if there is no information about such real estate in the Unified State Register of Real Estate, the land plot does not contain previously assigned state registration numbers (inventory or conditional ) contained in the documents at the disposal of the customer of cadastral works; 5) the scheme of location of land plots does not indicate access to the land plot being formed; 6) in the land survey plan there is no requisite of the section “Information on specified land plots and parts” or there are no details of the document on the rights of the owners of adjacent land plots and the address for communication; 7) in the section "Act of coordination of the location of the boundaries of the land plot" of the boundary plan, there is no agreement on the internal border with the owner of the specified land plot; 8) in the technical plan, there is no act of a state authority or local government authorized to assign addresses to real estate objects; 9) the technical plan is not certified by the digital signature of a cadastral engineer; 10) there is no act of the acceptance committee confirming the completion of the redevelopment of the living quarters; 11) the address is not indicated in a form structured in accordance with the federal information address system (FIAS); 12) in the technical plan there is no off-scale drawing (outline) with the designation of the data necessary for drawing up the Floor Plan of the building; 13) the technical plan does not indicate the number and date of conclusion of the contract for the performance of cadastral works; 14) there are no documents used in the preparation of the survey report. RESPONSIBILITY OF THE ENGINEER However, the law protects the rights of citizens. So, the cadastral engineer is responsible for violations of the requirements of federal law, including for the unreliability of the information of the boundary plan, on the basis of which information about the land plot is entered into the USRN. If an error is found at the stage of registration of the property, the customer will be forced to go to court. At the same time, on the basis of a court decision, losses caused to the customer are subject to compensation at the expense of insurance compensation under the contract of compulsory insurance of civil liability of the cadastral engineer. But in any case, going to court is not what you expected, right? The quality of the work of a cadastral engineer is controlled by a self-regulatory organization, of which he is a member (see SRO registers). According to the legislation, a guilty specialist may face a fine of 30 to 50 thousand rubles, or he may be disqualified (ban on professional activities) for up to 3 years. As you can see, the price of errors of cadastral engineers is high - not only for the customer, but also for the contractor himself. And therefore, experts advise not to act alone, but in any possible case to unite with neighbors and all together contact one cadastral engineer. Thus, one person will work on the territory and according to one methodology, and the likelihood of making mistakes, in particular when clarifying the boundaries, will be minimized. A random error that has crept in can also be detected quite easily, immediately at the stage of preparing documents. It should be noted that for several years they have been trying to solve the difficult situation with the errors of cadastral engineers at the state level, trying to introduce the so-called complex cadastral works. The purpose of these works is the centralized preparation of a particular map or plan of the territory. Acting in this way, it is possible to identify already committed cadastral errors, settle the boundaries out of court and prevent the emergence of new inconsistencies. However, for now we are dealing with individual orders and must be extremely careful to avoid mistakes.
The procedure for conducting cadastral registration of real estate.
Cadastral registration is carried out in connection with the formation or creation of a real estate object, its termination (deregistration) or a change in its unique characteristics (cadastral value, land category, type of permitted use, etc.).
Timing. Registration or deregistration will take place within no more than 20 working days from the date of receipt by the cadastral registration authority of the relevant application and documents.
Payment. There is a state fee for registering a property. Without paying it, the change in the property object, its separate part, the address of the copyright holder or deregistration will be taken into account.
Applicants. Cadastral registration is planned to be carried out at the request of the owners or their representatives in connection with the formation or creation of a real estate object, the termination of its existence or a change in both unique and other characteristics of the object. Moreover, representatives must have a notarized power of attorney (with the exception of legal representatives).
How to apply. To obtain a cadastral number, you should contact the cadastral registration authority. Moreover, the applicant can come to the institution himself, the sender of the application and documents by mail (with a description of the attachment and with a notification of receipt), or by means of electronic communication (in this case, the application must be certified by the electronic digital signature of the applicant or his representative).
The list of documents is established by Art. 22 of the Law "On the State Cadastre of Real Estate" and includes:
1) a document confirming the payment of the state fee;
2) boundary plan (when registering a land plot, registering a part of a land plot or cadastral registration in connection with a change in the unique characteristics of a land plot);
3) the technical plan of the building, structure, premises or object of construction in progress;
4) an act of inspection confirming the termination of the existence of the property (when it is deregistered);
5) a document confirming the relevant powers of the representative of the applicant (if the application is submitted by the representative of the applicant);
6) a copy of the document establishing or certifying the applicant's right to the relevant property;
7) a copy of the document establishing the applicant's ownership of the real estate object, or confirming the established restriction (encumbrance) of real rights to such a real estate object in favor of the applicant.
8) A copy of the document confirming that the land plot belongs to a certain category of land;
9) A copy of the document confirming the established permitted use of the land plot;
10) A copy of the document confirming the change in the purpose of the building or premises.
Moreover, paragraph 4 of Art. 21 of the Law "On the State Cadastre of Real Estate" it is established that the cadastral registration authority is not entitled to demand from the applicant or his representative documents that are not established by this standard.
What will applicants receive?
Citizens involved in the registration of real estate know that as a result of the cadastral registration of a land plot, they receive a cadastral plan in their hands, and if it is a dwelling, then a BTI technical passport. According to the new law, exactly such a document will be issued by the cadastral registration authorities depends on the actions during the cadastral registration. The applicant must receive:
1) cadastral passport of the real estate object - when registering the object;
2) a cadastral extract containing new information about the object - taking into account the changes that have occurred;
3) a cadastral extract, which contains data on the part of the real estate object, which is subject to the restriction (encumbrance) of real rights, - when taking into account the part of the real estate object;
4) a cadastral extract containing information on the termination of the existence of a real estate object - upon deregistration.
Cadastral activities (not cadastral registration!) will now be carried out by cadastral engineers who have a valid qualified certificate. A citizen of the Russian Federation who has graduated from an institution of secondary vocational education in one of the specialties determined by the regulatory body in the field of cadastral relations, or a graduate of a university with state accreditation, can obtain a certificate of a cadastral engineer. The cadastral engineer must not have an outstanding or unexpunged conviction for committing an intentional crime. He has the right to carry out his activities as an individual entrepreneur or an employee of a legal entity.
Cadastral work will be carried out on the basis of a contract. According to the named document, the cadastral engineer undertakes to carry out activities on the instructions of the customer and transfer to him the papers prepared as a result of these works, and the customer undertakes to accept these documents and pay for the work performed.
The cadastral engineer submits the following documents to the customer:
1) boundary plan (for submitting an application for registration of one or more land plots, for accounting for changes in a land plot or for accounting for one part of it);
2) technical plan (for submitting an application for registration of a building, structure, premises or object of construction in progress, for accounting for its changes or accounting for its parts);
3) an act of inspection (for submitting an application for deregistration of a building, structure, premises or object of construction in progress).
Cadastral engineers have the right to start their activities as early as March 1, 2008. True, according to Law No. 221-FZ, until 2010, cadastral registers will, as before, be maintained by Rosnedvizhimost, and the exchange of buildings and premises by BTI.
Citizens who have made cadastral or technical registration before the date of entry into force of the Law "On the State Real Estate Cadastre" or during the transitional period of its application (March 1, 2008 to January 1, 2010) may not worry. It is recognized as legally valid, and the objects are considered real estate, accounted for in accordance with Law No. 221-FZ.
You bought an apartment or received housing as a social lease, bought a land plot, you need to go through the mandatory state registration procedure. We will help you find out what documents you need to present to the owner of the property right for cadastral registration. At the end of the registration process, you receive an official document that confirms your right and registration of real estate in Roscadastre. In this case, such a generally recognized document will be an extract from the USRN. We will help you get a document from the State Cadastre, while our website provides a convenient scheme for ordering information in the public domain for any interested person.
What documents do you need to submit for cadastral registration?
Depending on the category of real estate, documents for cadastral registration are the same for all owners of property rights in Russia.Below is a list of certificates and documents that will need to be presented to the Federal Cadastre for state registration of real estate:
- Application of the established form. In the application, you can specify an additional service - state registration of real estate. Documents can be submitted both to Rosreestr and through the MFC "My Documents". In addition, it is allowed to submit information to Rosreestr through the State Services portal or the personal account of the Rosreestr website.
- Identification document - citizen's passport.
- If you entrust registration to a representative, you will need his passport and a power of attorney, which is notarized.
- A boundary plan for a land plot or a technical plan for housing. We order a certificate from the BTI.
- For equity property - an agreement on equity participation.
- Documents that are directly related to property law - a contract of sale, obtaining housing for rent, renting a land plot, etc.
- If there are other title documents on the land, be sure to attach copies.
- If we change the category of land - information about the change in status.
- For newly commissioned housing, a certificate of commissioning of the facility.
- Other documents defining the characteristics of property rights.
- Receipt of payment of the state fee for the provision of registration services.
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At the moment, you can also get a cadastral passport, but then a mark will be placed in the document, and in the future there may be problems with legal transactions with land.
So, in this case, you will need:
- application for obtaining a cadastral passport;
- application for putting the allotment on cadastral registration;
- passport of the owner of the site;
- documents that confirm the ownership of the land;
- a document that confirms or refutes the presence of established;
- a document stating that the allotment belongs to a certain one;
- the document that sets the ;
- documents confirming the share (if the allotment is registered in common shared ownership);
- with neighboring property owners.
What is an application for a cadastral passport and how is it processed?
An application for a cadastral passport of a land plot looks like a request. There is a special form approved by the current legislation - a person who wishes to receive a cadastral passport only needs to correctly fill in the appropriate fields.
The application has the following structure:
- Data of the land plot - its cadastral number, address at which it is located.
- An option for providing data from the State Property Committee is a cadastral passport.
- Data submission form - paper or electronic format.
- The method of obtaining the document is in person at the cadastral office, by registered mail to the address of residence, by e-mail.
- Applicant's data - surname, name and patronymic of the owner of the site or his legal representative (in this case, the data of the power of attorney are indicated).
- At the end of the document, the applicant must confirm that he gives his permission for the processing of personal data.
The application must be carefully checked before being submitted to the cadastral authority.
If errors are made in the completed document, the cadastral passport will be refused, and the applicant will have to fill out the request again.
How to prepare a document correctly?
The more carefully the documents are prepared, the more likely it is that you will not be denied a cadastral passport for land. As we wrote above, it is very carefully necessary to fill out an application.
If you do not know the cadastral number of your plot or it has not yet been assigned (if the plot is not registered), then you must indicate the exact address where the land is located.
Please note that copies of documents must be notarized (if documents are sent via mail or through a trustee). The power of attorney, if the cadastral passport is issued through a legal representative, must also be signed by a notary and be valid at the time of application.
As an identity card, you can provide both a passport of a citizen of the Russian Federation and a foreign passport.
As for the documents that confirm the ownership of land, such documents can be the following:
- inheritance certificate;
- exchange agreement;
- (for example, if the owner plans to buy the leased land from the state).
If the site is not put on the state register, then the boundary plan is not a mandatory document for obtaining a cadastral passport.
However, it is worth considering that before March 2018, it is necessary to complete the land surveying procedure and obtain a cadastral passport, otherwise it will be impossible to make any legal transactions with the land.
In addition, even now, when selling a land plot, buyers are very reluctant to consider land that has not been surveyed - either they will not pay attention to it, or they will offer a low price. Therefore, we recommend that you carry out now in order to be calm in the future and not fall into the “boom” of land surveying at the end of 2017-beginning of 2018, when the owners of allotments will rush to invite specialists to carry out cadastral work. It is expected that in this case, the services of professionals will increase.
The receipt of payment of the state duty is also a very important document. You can pay it either in cash at the cash desk of any bank or through a terminal, or by cashless payment using a bank card or electronic wallets.
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