Step-by-step instructions for correctly registering a land plot with cadastral registration
Content
The law provides for a number of procedures to be carried out in relation to land holdings. For example, registering a land plot in the cadastral register. Its purpose is to collect information about real estate and distinguish it from other similar objects.
Why is this necessary?
Registration is required in order for the property to be included in the register and assigned a unique number. These actions allow the owner to dispose of the property, determining its future legal fate (sell, bequeath, lease).
Accounting clearly allows you to determine the owner and fix the boundaries, reducing the possibility of losing a site or changing its boundaries as a result of fraudulent actions of third parties.
List of documents for registration
Registration requires an application accompanied by:
- applicant's passport;
- power of attorney for representatives;
- certificate of ownership (if available);
- the document on the basis of which the applicant acquired ownership;
- boundary plan (not a mandatory requirement);
- geodetic plan;
- the consent of the tenant, if a corresponding agreement has been concluded;
- receipt of payment of state duty.
The state duty can be paid at the Cadastral Chamber, where special terminals are installed.
Deadlines for cadastral registration (CR): 5 days and 10 days if registration actions are required.
The procedure for registering a land plot in the cadastral register
It is determined by general rules, but each situation has its own characteristics. Experts will help you make the best decision and develop an algorithm of actions. They will tell you how to act correctly so as not to be a hostage to the mistakes of the registration authority and not waste time sorting things out.
You can ask your question to a specialist using this link .
Previously recorded area
A CC may have been carried out in relation to the land ownership, but it later turned out that it was not included in the register. The owner cannot obtain documents for it.
The procedure for registering a land plot with cadastral registration is as follows: the owner must contact the Cadastral Chamber with an application to enter data into the register.
The application is accompanied by a document indicating that a registration procedure was previously carried out in relation to the land, and one of the following documents:
- certificate of ownership, inheritance or perpetual use (according to the decree of the Government of the Russian Federation of March 19, 1992);
- an act of government authorities, according to which the land was transferred for inheritable possession or use;
- certificate of ownership issued after 1993;
- lease contract;
- extract from the household ledger;
- decision of a government agency or municipality to provide land.
Within 10 days (this period is established by the law of the Russian Federation), Rosreestr conducts an inspection and issues an extract from the register and a cadastral passport.
If it turns out that the boundaries of the site intersect with those located in the neighborhood or the cadastre does not contain information about the position of the land and its boundaries, then registration actions are suspended, and the owner carries out land surveying. If the requirements are not met, registration will be refused.
Dacha amnesty
With regard to dacha ownership, a situation may arise when the actual area differs from that indicated in the documents. In this case, it is necessary to take cadastral extracts for neighboring plots and find out whether the extra meters belong to the neighbors.
The next stage is land surveying. This procedure is carried out by an engineer who has a certificate to carry out the work. The specialist will draw up a plan for the additional site that is planned to be connected.
See the article >> Is it necessary to do land surveying: the pros and cons of the procedure
The received documents are sent to the body responsible for the state cadastral registration of real estate. The specialist checks the papers and makes a decision. Refusal is possible when the area of the annexed site is more than 10% of the existing one or it exceeds the limit values established for each region.
If the outcome is successful, the owner is issued a cadastral passport. It is the basis for making changes to the Unified State Register. To do this, you will need to write an application and attach to it:
- a document establishing ownership of the site;
- explanations regarding the acquisition of excess meters;
- consent from neighbors for increment;
- new plan taking into account additional meters.
Based on this package, changes will be made to the Unified State Register of Real Estate, and thus additional meters will be legalized.
SNT
To register a plot located in SNT for cadastral registration, in addition to a passport and application, you will need:
- extract from the cadastral register;
- documents confirming ownership.
A land plot acquired before 2001 can be registered according to a simplified scheme, all others - in the general manner.
Before registration, it is necessary to carry out land surveying. Land surveying is carried out by a specialist from the cadastral chamber. At the same time, an act of coordination of boundaries with neighbors is drawn up.
The received documents are sent to the cadastral chamber for cadastral registration.
With a copy of the cadastral plan, the owner goes to the appropriate department of the local administration, where he is given an extract from the household register.
The next stage is to contact Rosreestr to enter information into the Unified State Register of Real Estate.
Without land surveying
Land marking is an optional procedure. Without it, you can register the land using a simplified procedure. In this case, a note will be made regarding the land that the boundaries are not defined.
Cadastral registration in the absence of land surveying will enable the owner to dispose of the land, but at the same time, the danger of claims regarding boundaries from neighbors remains . If the neighbors have carried out land surveying, then this procedure does not have to be carried out in relation to their plot; it is enough to draw up an act of approval of boundaries, signed by all neighbors.
In addition, land surveying is not required:
- when registering ownership of the house and there are no disputes with neighbors regarding boundaries;
- purchase and sale of dachas;
- privatization of only a country house.
Undemarcated land ownership can be sold, the main thing is to have a cadastral passport.
With land surveying
Cadastral registration and registration is impossible without land surveying if the boundaries of the site are not defined or there are disputes with neighbors. Determination of the boundaries of all or part of the land plot is required for the subsequent sale of the property.
The boundary plan is drawn up as follows:
- concluding an agreement with an organization providing surveying services;
- direct land surveying;
- receiving a plan.
In Moscow
You can register a land plot located in the capital of the Russian Federation or the Moscow region for cadastral registration after registering a lease, purchasing a building or obtaining a building permit.
The procedure is as follows:
- contacting the local government authorities at the location of the site. The application is accompanied by a technical passport of the building, a certificate issued by the BTI, and a certificate of registration of ownership;
- registration of property. To do this, you additionally need to obtain a certificate of the value of the plot and attach it to the rest of the package of documents.
Rosreestr conducts an inspection and enters information about the new owner of the site into the Unified State Register of Real Estate. Since certificates are not currently issued, ownership can be confirmed by an agreement or other document and an extract from the Unified State Register of Land Registers for the land plot.
Register a plot of land with the Federal Registration Service
It is necessary to register the plot with the Federal Registration Service. Registration actions can be completed within two years after cadastral registration. Outside this period, the owner will have to go through all the described procedures again, since the land will be excluded from the register.
The procedure involves submitting documents:
- statement;
- passports of the parties to the transaction;
- contract;
- cadastral passport;
- boundary plan;
- document confirming payment of state duty.
You can contact Rosreestr in person, through the MFC, by mail, via the Internet, or call a registrar at home.
The period for completing registration actions ranges from 1 to 9 days, depending on the form of documents and the method of application.
Land surveying and registration must establish the boundaries of the site. If they were determined incorrectly or in violation of the rights of the owners of neighboring plots, the latter may demand changes. The law also provides for the possibility of challenging registration in court.
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