Grounds and procedure for removing a land plot from cadastral registration

Quite often, citizens are faced with questions that have legal implications and do not allow them to resolve the contradictions that have arisen without contacting a specialist. Moreover, contact a specialist who will help you prepare the necessary package of documents and adequately represent your interests in government agencies or even in court. One of these difficult problems is the issue of removing a land plot from the state cadastral register. Despite its apparent simplicity, in practice this situation causes many difficulties.

Why are land plots removed from cadastral registration?

All land located on the territory of the Russian Federation is registered in the cadastral register. This information about the plots is systematized and entered into the State Real Estate Cadastre. During the use of the site, its area, purpose and other technical characteristics may undergo changes.

All these changes must be reflected in the cadastre, otherwise they will be considered illegal. We can talk, for example, about dividing one property into 2 equal ones.

In this case, the first, large plot should be subject to deregistration, and two new ones, on the contrary, will be subject to registration.

In addition to this case, there is also a direct instruction from the legislator regarding a temporary land plot, which must be followed and such land plots are also subject to deregistration.

The main regulatory act on the issue of deregistration of a land plot is the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”. The law contains provisions regarding the competence of authorized bodies and answers the question of why plots are deregistered.

The consequences of removing a land plot from cadastral registration lie in one simple rule: it is impossible to remove a land plot from registration without its subsequent registration as a new property.

A site that has been deregistered should not be “lost”; instead, either new lands appear, or, after changing some characteristics, it will again receive its cadastral number.

We will tell you below how to remove a land plot from cadastral registration.

Grounds for deregistration from state registration

Changes may be made to the State Real Estate Cadastre, according to which a certain plot of land or parts of a plot of land are excluded from it for objective reasons.

There are several such reasons:

• plots that are formed from lands of state or municipal significance and for which no rights or encumbrances have been registered (“temporary” plots);
• plots that were registered more than 2 years ago, but during this time no registration actions regarding lease or ownership rights were carried out by their users;
• removal of a site previously taken into account, that is, the site undergoes transformations due to a change in area (for example, it is divided, expanded, etc.);
  
• no registration of property rights was carried out on the plot for more than a year after registration.

As we see, the range of grounds for withdrawal is limited and is not subject to broad interpretation. That is, for other reasons, the registration authority will not deregister the plot.

Another basis for excluding a site from the cadastre is a court decision that has entered into legal force. Quite often, such an act is required not in order to deregister a site on the grounds provided by law, but in order to abandon it due to non-use.

For example, by a court decision, a plot of land was deregistered in the State Tax Committee so that the copyright holder would no longer bear the tax burden. In this case, the owner of the land plot goes to court with a statement and evidence that the land plot is not being used for its intended purpose.

Here you can >> Ask your questions to a lawyer (free) .

Package of documents for submission to government agencies

Rosreestr, represented by its territorial bodies at the location of the site, is authorized to remove land plots from cadastral registration. However, the applicant, at his own discretion, has the right to choose one of 4 treatment options:

1. Directly to Rosreestr through a personal visit to the government agency and submission of the entire package of documents. In this case, the applicant can also use the services of a representative. A mandatory requirement is the presence of confirmed credentials.
2. Sending papers by mail. As a rule, this is done in the form of a registered letter.
3. Visit to the MFC. During the organization’s opening hours, the applicant provides the collected package of documents to the operator and receives a receipt confirming their acceptance.
4. Submit an application through the official website of Rosreestr in the “ Electronic Services ” section. In this case, the citizen or organization will need an enhanced qualification signature, since it is impossible to sign the submitted documents in any other way.

Regardless of the chosen method, the package of documents will be the same for all applicants. The legislator makes distinctions only in group affiliation with individuals or organizations.

Documents provided by citizens:

1. Application for removal of a plot from cadastral registration. It is filled out in accordance with the sample provided at the exhibition stand in the Chamber or at the MFC in the amount of 1 piece. and is handed over to the person receiving the documents.
2. Applicant's passport (original).
3. Title documents for land plot. If the State Real Estate Cadastre does not have information about this plot, then the applicant must also provide a copy of the title document.

Documents provided by organizations:

1. Application for deregistration in 1 copy.
2. Applicant's passport (original).
3. A copy of the power of attorney for the right to represent the interests of the organization.
4. Title documents for land plot.

Important! The authorized person has no right to demand any other documents from the applicant, since this list of documents is closed. If questions arise regarding the site, they must be resolved through interdepartmental interaction.

Procedure

The entire procedure for deregistering a land plot is conditionally divided into several stages:

1. Reception and registration of documents submitted by the applicant. At this stage, the interested person visits the government agency and submits the entire package of papers. The authorized person performs an initial check of the documents and issues the applicant a receipt of acceptance, which indicates the date of readiness of the documents. If the documents were sent by mail, then Rosreestr is also obliged to issue a receipt of their receipt, which is sent to the applicant by registered mail.
2. The second stage is that the operator enters into the unified database of the State Real Estate Cadastre all information about this site, if it was not contained there, or any additional information if it is subject to adjustment in connection with the filing of an application to deregister the site.
3. At this stage, all submitted documents are checked for compliance with established legal requirements. It is in this situation that the grounds for refusing to carry out the procedure for removing a site from cadastral registration are identified.
4. This stage sums up the results of all the work of authorized persons of the state body and allows a decision to be made either to refuse to carry out the registration procedure, or to suspend registration, or to carry out the deregistration procedure.

The procedure for removing a land plot from cadastral registration is systematic and ongoing.

That is why the applicant, at the stage of filing an application (unless it is a matter of gross non-compliance of the documents provided with the requirements of the legislator), cannot be sure that state registration will end with the deregistration of the land plot.

Deadlines

From the date of submission of the necessary package of documents for deregistration of a land plot, at least 18 working days must pass before Rosreestr makes a decision regarding the fate of the plot.

If the authorized person made a decision to deregister the site, then no later than 3 working days all changes are made to the State Real Estate Cadastre. The applicant does not need to submit anything to the cadastral chamber; everything is carried out in the order of information interaction between government bodies.

If the applicant is denied deregistration of the site, he is given time to eliminate all deficiencies in the submitted documents, after which he has the right to apply for the service again.

The cadastral service for deregistering a plot of land is free. Neither citizens nor organizations pay a state fee when applying.

What grounds could there be for refusing to provide a public service?

1. The application was submitted by an inappropriate person (for example, those who do not have the right to represent the interests of the organization).
2. A land plot is not an object of property, the state registration of which is authorized to be carried out by Rosreestr.
3. The package of documents submitted by the applicant does not meet the requirements of the legislator.
4. The plot of land cannot be transformed and, therefore, it is not possible to deregister the plot.
5. The applicant did not eliminate the identified violations within 3 months from the date of refusal to deregister the site.

The decision of the authorized body to refuse must be handed over to the applicant and have a reasoning part, as well as a deadline for eliminating all deficiencies. The applicant has the right to appeal this act both to a higher authority and to the court.

Documents that are issued by hand

Based on the results of consideration of the submitted application for deregistration of the land plot, the applicant may be issued one of 2 documents:

1. Decision to refuse withdrawal.
2. Cadastral extract indicating the date of deregistration.

Here you can >> How and where you can order a cadastral extract .

The applicant is not given any other documents. In addition, he does not need to go anywhere with the extract, since all changes to the cadastre will be made by an authorized operator.

Thus, the procedure for removing a plot from cadastral registration is aimed, first of all, at streamlining and systematizing all land plots located on the territory of the Russian Federation.

In the event of an unreasonable refusal to carry it out, the applicant has the right to appeal all decisions of the government body and defend his rights either in a higher authority or in court. If necessary, land plots will be removed from cadastral registration by authorized bodies on the grounds provided for by federal law.