Starting today, most of the provisions of the law come into force, significantly changing the requirements that persons carrying out cadastral activities must comply with - Federal Law No. 452-FZ of December 30, 2015 (hereinafter referred to as Law No. 452-FZ). Let's look at the most important of them.

Cadastral engineers must become more experienced and responsible

A mandatory condition for carrying out cadastral activities is now membership in a self-regulatory organization of cadastral engineers (all requirements for persons who intend to become cadastral engineers are enshrined in the new version of Article 29 of the Federal Law of July 24, 2007 No. 221-FZ " " (hereinafter – law on the State Property Committee)). Moreover, this does not mean any self-regulatory organizations of cadastral engineers (hereinafter referred to as SRO), but those whose information is included in the relevant state register (; in the new edition). To be included in the SRO register, an organization must have at least 700 members, relevant governing bodies (their powers are spelled out in detail in the new one), as well as approved standards for carrying out cadastral activities and rules of professional ethics for cadastral engineers. The SRO will be required to exercise control over the implementation of cadastral activities by its members - by carrying out scheduled and unscheduled inspections by the organization. “Membership in the SRO will allow the cadastral engineer to receive the necessary free legal support and advice on all issues of interest, and will also ensure representation of his interests in court. As a result of the SRO inspections, the number of cadastral engineers will be reduced by eliminating low-skilled specialists, which means the quality of the work performed should improve cadastral works, says the director of LLC Appraisal Company VETA Dmitry Zharsky. The expert emphasizes that the scheme of work of SROs by appraisers has already been worked out and is quite successful. Annual meetings of SRO members allow them to exchange experiences and avoid frequent mistakes. In addition, organizations provide free training on the most relevant topics and innovations.

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To coordinate the activities of SRO cadastral engineers, a national association of such organizations should be created - by including more than 50% of organizations included in the state register of SRO cadastral engineers ( ; ). It is expected that the association, in particular, will represent the interests of SROs in interaction with authorities and local governments, customers of cadastral work and third parties, as well as develop draft regulations, methodological manuals and recommendations in the field of cadastral relations.

The educational requirements for cadastral engineer candidates are changing. According to the old rules, a person who had either a secondary vocational education in one of those defined by the Ministry of Economic Development of Russia, or a higher education in state-accredited educational programs, could obtain a qualification certificate as a cadastral engineer. According to the new rules, only a person who has received a higher education can become a cadastral engineer: either in a specialty or area of ​​training, the list of which will be approved by the Ministry of Economic Development of Russia, or any other, but in this case, the candidate for cadastral engineer will have to undergo professional retraining in the field of cadastral relations.

A mandatory condition is also established that the candidate has at least two years of work experience as an assistant cadastral engineer (such work is called an internship). The internship rules, approved by the national association in agreement with the regulatory body in the field of cadastral relations, can determine the list of positions for which the internship period is reduced. However, such a relaxation will only apply to those who previously held positions in the cadastral registration body or the body carrying out state registration of rights to real estate and transactions with it, and the internship period in any case will be at least a year.

In addition, the candidate cadastral engineer will have to pass a theoretical exam to confirm that he has the professional knowledge necessary to carry out cadastral activities. It has been determined that this exam will be conducted in the form of testing using an automated information system. The creation of this system, the determination of the procedure for conducting the exam, the formation and work of the commission hosting it, as well as the amount of the exam fee are within the competence of the national association.

Another mandatory new requirement for a cadastral engineer is insurance of his civil liability for non-compliance with the requirements of legislation in the field of cadastral relations, including for the unreliability of the boundary plan, technical plan, survey report or map-plan of the territory prepared by the cadastral engineer, on the basis of which information about the objects real estate are entered into the state real estate cadastre (the law on the State Property Committee is supplemented by the corresponding one). The liability insurance contract will be concluded for at least a year, and the amount of insurance compensation provided for by it must be at least 2.5 million rubles.

What will happen to the current cadastral engineers?

It is worth noting that in relation to persons who have valid cadastral engineer qualification certificates on the day the new provisions of the law on the Civil Code come into force, that is, on July 1 of the current year, a certain transition period is established (). They will be able to carry out cadastral activities along with citizens acquiring the status of cadastral engineer under the new rules until December 1 of the current year. To continue activities after this date, these persons will have to join an SRO. Moreover, until January 1, 2020, they are not subject to new requirements for the education of candidates for cadastral engineers, that is, until this date, those who have secondary vocational education will not have to obtain a higher education, and those who have a higher, but not specialized education , – undergo professional retraining. The provisions on mandatory internship and the need to pass a theoretical exam to confirm the presence of professional knowledge necessary for carrying out cadastral activities do not apply to persons with qualification certificates of cadastral engineer at all.

Until December 1, existing non-profit organizations based on the membership of cadastral engineers, information about which is contained (as of June 30 of the current year) in the state register of self-regulatory organizations for which an authorized federal body has not been determined, will be considered to comply with the new requirements for SROs. executive power, exercising control (supervision) functions over their activities. However, during this period they will be required to send documents to Rosreestr for inclusion directly in the state register of SRO cadastral engineers ().

How will the procedure for appealing decisions to suspend cadastral registration change?

Another important new norm of the Law on the State Property Committee, which establishes a mandatory pre-trial procedure for appealing a decision to suspend the implementation of cadastral registration (hereinafter referred to as the decision to suspend) by appealing to an appeal commission specially created at the cadastral registration body, will come into force on December 1, 2016. We remind you that such a decision can be made by the cadastral registration authority (.

OUR HELP

The cadastral registration body is Rosreestr, which has the right to delegate the corresponding powers to regional executive authorities, as well as state budgetary institutions subordinate to it ().

The right to appeal is enjoyed by the applicant or his representative and the cadastral engineer who prepared the boundary plan, technical plan or survey report submitted to the cadastral registration authority with an application for cadastral registration, or the organization whose employee such a cadastral engineer is (). An application for appeal can be submitted to the appeal commission in any way convenient for the applicant: in writing in the case of a personal appeal, by registered mail with a list of attachments and acknowledgment of delivery, or in electronic form, including through a single portal of public services - within 30 days from the moment the decision to suspend is made.

These appeal commissions will be formed in each region. Their composition, which should be rotated once every two years, will include three representatives each from the cadastral registration body and the national association. The procedure for the formation and work of commissions, as well as the list of documents required to apply to them, will have to be determined by the regulatory body in the field of cadastral relations. The law stipulates only one mandatory condition for the work of commission chairmen and their deputies - the presence of a qualified electronic signature.

It has been established that the appeal commission has the right to request the necessary documents, materials and information from government and local governments, organizations and cadastral engineers. In addition, she can send a request to the SRO of cadastral engineers, of which the person who performed the cadastral work is a member, to conduct an examination of the documents submitted to the cadastral registration authority and which served as the basis for the suspension of cadastral registration. The organization that receives such a request will be required to conduct a free examination within 10 working days, during which the facts of the presence or absence of errors in the documents prepared by the cadastral engineer and his violation of the legislation regulating cadastral relations are established, and prepare a conclusion based on its results. The regulations on conducting this examination must be approved by the national association.

If the appeal commission finds the decision to suspend unfounded, that is, does not correspond to the reasons listed in the grounds, its decision to satisfy the appeal application will become the basis for carrying out cadastral registration within 10 working days from the date of its receipt by the cadastral registration authority. The commission's decision to approve or reject the appeal must be made within 30 days of its receipt. The person who appealed the decision on suspension is notified of the decision made by the commission within one working day from the date of adoption.

In principle, all the envisaged changes are aimed at improving the quality of documents prepared by cadastral engineers, on the basis of which real estate objects are placed on cadastral registration. “The idea of ​​cadastral engineers being responsible for the results of their work appeals to me,” notes lawyer, partner of the Barshchevsky and Partners Bar Association of Moscow. Anastasia Rastorgueva. – I also support the trend of transferring part of the state powers to control the activities of a member of a corporation to the corporation itself. As a rule, a corporation, in this case SRO, does not care who is in its ranks. As for the need for higher education, I’m not sure that it can have any impact on work. Considering how easy it is to obtain a diploma in our country, it has long lost its value and the guarantee of a “quality mark”.

However, one cannot help but pay attention to the fact that in many respects the possibility of applying the new rules depends on how quickly the national association of SRO cadastral engineers is created and starts working. It is this body that will have to approve, in particular, the standard standards for carrying out cadastral activities and the rules of professional ethics of cadastral engineers, determine the procedure for conducting an exam, without passing which a person will not be able to carry out cadastral activities, and the rules for an internship, the completion of which is also a necessary condition for accepting a citizen into SRO members. However, there are no mandatory deadlines for its creation. It has only been determined that from July 1 of this year, an NPO that unites more than 50% of SROs of cadastral engineers has the right to apply to Rosreestr to register it as a national association. If it is approved, within nine months after registration, the organization will be obliged to bring its activities into compliance with the requirements of the new one. Therefore, we can assume that for now cadastral activities will still be carried out by persons who already have valid qualification certificates as cadastral engineers.

In accordance with the Cadastre Law, as a result of performing cadastral work on a land plot, the cadastral engineer prepares a boundary plan necessary for submission to the cadastral registration authority for registration of the land plot with the state cadastral register.

The general technological scheme for performing cadastral work is shown in Fig. eleven.

Land surveying work is divided into field and desk work. Let's consider what office work includes (Fig. 12). The terms of reference for the work (among other conditions based on the diagram of the existing reference boundary network (MBN) and the project for its thickening) must indicate the starting points of the MBN, the state geodetic network (GSN) or the points of the survey boundary network (SMS).

After drawing up an estimate, drawing up technical specifications, and concluding a contract for work, the preparatory work stage is carried out.

At the stage preparatory work The cadastral engineer performs:

Collection, analysis and examination of title and title documents for land and real estate;

Rice. eleven.

land plot

• obtaining information from the State Real Estate Cadastre on the land plot in respect of which land surveying is being carried out and on the plots adjacent to it;
• obtaining information from the architecture department about the presence/absence of restrictions and encumbrances on the land plot, including communications, specially protected natural areas, territorial zones and zones with special conditions for the use of territories;

Rice. 12.

• selection of planning and cartographic material, including copies from the general development plan (if available) for plots located in populated areas, horticultural, gardening and dacha non-profit associations of citizens, etc., aerial photographs of the territory where the facility is located;
• selection of geodetic basis (GGS, OMS) (crops and extract from the catalog of coordinates (certified in the prescribed manner) of points of the geodetic basis);
• selection of technical inventory materials and (or) extracts from the State Property Committee on capital construction projects;
• request for materials from the State Real Estate Cadastre containing information about the land plot being created and the land plots adjacent to it (for example, the coordinates of the turning points of the boundaries of previously registered land plots);

The customer of cadastral work can submit the following documents as title-establishing (certifying) documents on land rights:

• certificate of state registration of rights;
• certificate of land ownership;
• certificate of land ownership;
• resolution (order) of government authorities on the provision of a land plot;
• agreement of donation, purchase and sale, exchange of land;
• land lease agreement;
• certificate of the right to inheritance by law (by will);
• court decisions on the provision (recognition of rights) to land plots;
• other documents.

In addition, the cadastral engineer collects the following documents:

• an extract from the Unified State Register of Legal Entities (USRLE) or a copy of the passport (for an individual);
• a court decision determining the procedure for using a land plot;
• other documents.

Also, the following documents can serve as grounds for cadastral work, which are collected at the stage of preparatory work:

• order on approval of the layout of the land plot on the cadastral plan of the territory;
• decision on preliminary approval of the location of the facility.

When preparing a boundary plan as a result of cadastral work, the location of the boundaries of adjacent land plots must be clarified. Therefore, the boundary plan includes an act of coordinating the location of the boundaries of the land plot.

The approval act contains information about the cadastral number and area of ​​the land plot, cadastral numbers of adjacent land plots and information about their copyright holders (full name, details of an identity document).

From 03/01/2015, a mandatory document in some cases may be the Territory Survey Project, as well as documents on its approval.

At the stage of preparatory work, land plots and their parts that are limited in use are also identified (for example, security zones, easement areas, etc.). The grounds for their formation can be:

• decisions of state authorities and local governments on the establishment of easements;
• agreements on the establishment of easements, including access agreements;
• conclusions of the relevant state bodies and municipal services on establishing restrictions on the use of land plots.

In addition, if necessary, the location of the boundaries of parts of land plots occupied by buildings, structures, structures and unfinished construction objects is established. In this case, the following documents on the rights to these real estate objects or documents on their formation may be included in the Land Survey Plan:

• title (title) documents for real estate;
• construction permits and acceptance certificates for objects;
• technical inventory materials;
• cadastral passports of the relevant real estate objects;
• other documents and materials.

Since in accordance with Art. 39 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”, on the basis of a cadastral plan or cadastral extract of a land plot, a boundary plan is drawn up, which reproduces certain information entered into the State Real Estate Cadastre and indicates information about the land plot being formed or land plots, or about a part or parts of a land plot, or new information about a land plot or land plots necessary for entering into the State Real Estate Cadastre, for cadastral work additional cadastral information is required, which can be presented by the territorial bodies of Rosreestr to the customer in the form of:

• cadastral extract about the property;
• cadastral passport of the property;
• cadastral plan of the relevant territory;
• in another form determined by the regulatory body in the field of cadastral relations (for example, a cadastral certificate).

At the present stage of development of the State Real Estate Cadastre, it is necessary to obtain cadastral information both for the land plot in respect of which cadastral work is being carried out, and for land plots, the interests of the rights holders of which are affected by such work (adjacent land plots, parts of land plots limited in use, and etc.).

Preparatory work includes several subtypes of work, the completion period of which can range from 14 to 30 days. For example, information from the State Real Estate Cadastre (according to current legislation) is prepared in five days.

After the preparatory work stage, surveys and surveys are carried out, if necessary, or desk work continues on the formation of boundary and technical plans, drawing up a survey report and (or) preparing an examination for the court.

The basis for the formation of a technical plan for a capital construction project are the following documents:

• permission to put the facility into operation;
• design documentation;
• technical certificate;
• a declaration drawn up and certified by the copyright holder.

The technical description of the property includes information

about the total area of ​​the building, the number of floors, including underground, the year of completion of construction and the material of the external walls. The declaration indicates the number and date of the title document for the property.

Drawing up an inspection report

The inspection report is drawn up on the basis of information obtained as a result of an inspection of the location of the property, as well as information from the State Real Estate Cadastre and other documents that confirm the termination of the existence of the property. (For example, a demolition permit or a certificate from the village administration about the absence of a given building on the land plot.)

Preparing an examination for the court(if necessary)

When a court appoints a land management examination, the tasks of a cadastral engineer include:

• familiarization with the case materials;
• going to court to obtain missing documents;
• notification of interested parties about the site visit, indicating the date and time;
• carrying out engineering and geodetic surveys;
• preparation of the conclusion of the land management examination, with the attachment of the graphic part.

Receiving a letter from the administration about the provision of a land plot

Any individual can apply to the municipal administration with an application to provide him with a plot of land for ownership or lease. To do this, he has the right to contact any land management organization to collect the necessary documents. The cadastral engineer collects the following information: an extract from the State Property Committee on the lack of information on the requested land plot, a layout diagram of the land plot on a scale of 1:10,000 and 1:1000, agreed upon with the head of the local rural (urban) settlement with the State Property Committee stamp, a copy of an identity document customer, a copy of a document certifying the rights (authorities) of a representative of an individual.

The next stage is geodetic work, which may include:

• creation (restoration) and development of geodetic networks;
• cadastral survey - a set of geodetic works performed to determine and restore the boundaries of land plots in order to determine the coordinates of the boundaries of the land plot and its parts;
• topographic survey - a set of works on creating topographic maps or terrain plans by measuring distances, heights, angles, etc. using various instruments (ground survey), as well as obtaining or using images of the earth's surface from aircraft (aerial photography, space photography) .

To determine the flat rectangular coordinates of boundary markers and points of the survey boundary network (SMS), use:

• satellite geodetic systems;
• theodolite traverses, geodetic straight and combined serifs and ray systems;
• photogrammetric methods;
• cartometric methods.

The initial geodetic basis for land surveying are points of the state geodetic network and points of the reference boundary network in the established coordinate system, as well as points of the survey boundary network.

Theodolite passages between points of the supporting boundary network are laid in the form of separate passages or systems of passages with nodal points.

A separate theodolite traverse must be based on two starting points and two starting directional angles. At the same time it is allowed:

• laying a theodolite traverse based on two starting points, without an angular reference at one of them;
• coordinate reference (without measuring adjacent angles) to points of the reference boundary network, provided that angular measurements are performed in two complete steps.

When performing land surveying work within cities, the following limit values ​​are used:

• the maximum length of the theodolite passage between the starting points of the compulsory medical insurance is no more than 1.6 km;
• between starting points and nodal points (or between nodal points) no more than 1.1 km;
• maximum absolute discrepancy of theodolite traverse 0.4 m;
• the maximum length of hanging theodolite passages is no more than 100 m, in built-up areas no more than 70 m.

When carrying out surveying work on the lands of settlements, rural settlements of suburban areas, horticultural, gardening and dacha non-profit associations of citizens, as well as on land plots provided for individual housing construction and personal subsidiary plots, as well as on agricultural lands with an area of ​​up to 100 hectares allowed:

• the maximum length of the theodolite passage between the starting points of the compulsory medical insurance is no more than 3.0 km;
• between starting points and nodal points or between nodal points no more than 2.1 km;
• the maximum absolute discrepancy of the theodolite traverse is 0.8 m.

When performing cadastral work in cities, the length of the polar directions should not be more than 150 m. In other territories, the length of the polar directions should not exceed 300 m, and for each boundary mark of the site, a polar intersection should be made from at least two points of the survey boundary network or CMS . In exceptional cases, a single polar survey of a boundary mark is allowed in combination with linear measurements between boundary marks on the sides or diagonals of the site, with the subsequent inclusion of these measurements in the control process. The root mean square error of angle measurement should not exceed 15".

When determining the coordinates of boundary markers, it is recommended to take into account that the planned position on the ground of the boundaries of the cadastral works object is characterized by flat rectangular coordinates of the centers of boundary markers, calculated in the local coordinate system. Determination of the coordinates of land plots for various purposes is carried out with an accuracy no lower than the accuracy given in table. 6.

Table 6. Standard accuracy of determining objects of cadastral works

	Land gradation	Mean square error M of the position of the boundary marker relative to the nearest point of the original geodetic basis, no more than V M	Acceptable discrepancies when survey control, m
	Lands of settlements (cities)
	Lands of settlements (towns, rural settlements); lands provided for personal farming, gardening, vegetable gardening, country and individual housing construction
	Industrial and other special purpose lands
	Agricultural lands (except for lands specified in clause 2), lands of specially protected areas and objects
	Forest fund lands, water fund lands, reserve lands

Note. The maximum position error of the boundary marker is equal to twice the value Mi

After carrying out geodetic work, the analysis and clarification of the boundaries of the land plot and real estate objects follows in accordance with the information received from the State Real Estate Cadastre for adjacent land plots. The area of ​​the land plot being created is determined.

The area of ​​a land plot, determined in the process of land surveying, is the area of ​​a geometric figure formed by the projection of the boundaries of the land plot onto a horizontal plane.

The maximum minimum and maximum sizes of land plots provided to citizens from state-owned or municipally owned lands for peasant (farmer) and personal subsidiary farming, gardening, truck farming, individual and dacha construction vary significantly (2-5 times) depending on the region of the country, the type of permitted use of the land (Table 7).

Table 7. Maximum minimum and maximum sizes of land plots for various types of permitted use

After completing field work and the necessary office data processing, a draft boundary plan is prepared.

Within the established time frame, interested parties can familiarize themselves with the draft boundary plan and demand that boundaries be established on the ground.

The tasks of a cadastral engineer include the following:

• 1) clarifications on the draft boundary plan;
• 2) receiving and assessing the legitimacy of objections regarding the passage of the boundaries of the land plot;
• 3) acceptance and assessment of the legitimacy of demands for establishing boundaries on the ground;
• 4) preparation of a conclusion regarding the submitted objections regarding the passage of the boundaries of the land plot.

An interested person does not have the right to raise objections regarding the location of parts of the boundaries that are not at the same time parts of the boundaries of the land plot owned by him, or to agree on the location of the boundaries on a reimbursable basis.

The interested party has the right to demand coordination of the location of the boundaries with their establishment on the ground. In this case, such coordination is carried out with the establishment of appropriate boundaries on the ground, except in cases where:

• 1) land plots, the location of the boundaries of which is agreed upon, are forest plots, land plots as part of lands of specially protected natural territories and objects or as part of agricultural lands intended for the implementation of traditional environmental management by indigenous peoples of the North, Siberia and the Far East of the Russian Federation;
• 2) the location of the boundaries of land plots subject to approval is determined by indicating natural objects or objects of artificial origin or their external boundaries, information about which is contained in the State Real Estate Cadastre, which makes it possible to determine the location of the boundaries of such land plots subject to approval;
• 3) the location of the boundaries of land plots, subject to approval, is determined by the location of a linear object on one of such land plots and the norms for land allocation for its location.

On the day appointed by the cadastral engineer (after notification of interested parties), the boundaries of the land plot are coordinated, during which an act of approval of the boundaries of the land plot is signed, which is subsequently included in the boundary plan. In the absence of motivated objections to the passage of the boundaries of the land plot, the cadastral engineer draws up an act of approval of the location of the boundaries, which is an integral part (section) of the boundary plan. The formation of a boundary plan consists of filling out the forms of sections included in the boundary plan.

Notification of persons involved in the procedure for approving the boundaries of a land plot, in accordance with current legislation, is carried out within 30 calendar days (by sending out notifications and (or) publishing an advertisement in a newspaper). During this 30-day period, the cadastral engineer must carry out geodetic work, clarify the boundaries of the land plot, and prepare a draft boundary plan.

The result of the approval of the location of the boundaries is drawn up by the cadastral engineer in the form of an Act of Agreement on the Location of the Boundaries on the back of the sheet of the graphic part of the boundary plan.

The location of the boundaries of the land plot is considered agreed if the act of agreeing on the location of the boundaries contains personal signatures of all interested parties or their representatives.

If the location of the relevant boundaries of the land plots is not agreed upon with the interested person or his representative, and such person or his representative submitted in writing objections to this approval with justification for the refusal, entries about the content of these objections are made in the act of agreeing on the location of the boundaries. Objections submitted in writing are attached to the boundary plan and are an integral part of it. Disputes that are not resolved as a result of agreeing on the location of borders are resolved in the judicial authorities after the execution of the border agreement act.

Next, a boundary plan is formed. Formation takes on average 2 days. The verification of the boundary plan by the cadastral registration authority, in accordance with current legislation, is carried out within 18 days. The finished boundary plan is certified by the signature and own seal of the cadastral engineer, who performs a set of cadastral works on the basis of a contract concluded with the customer of the work.

A diagram of the organization of cadastral work related to clarifying the location of a land plot (PL) is presented in Fig. 13.

During the course of work, disputes may arise over the boundaries of the land plot, which will affect the timing and cost of the work. If it is impossible to resolve such a dispute peacefully, the conflicting parties go to court. In this case, the preparation by a cadastral engineer of materials for the court is a type of work not specified in the contract and entails an increase in the cost of the work, and the trial in this case will significantly increase the terms of the contract.

The presented scheme for organizing cadastral work on drawing up a boundary plan of a land plot for cadastral registration purposes is not suitable for all of the types of cadastral work listed above. For example, newly formed land plots do not fall under this scheme.

Rice. 13.

land plot

For newly formed land plots, between geodetic work and the preparation of the draft boundary plan, there will be one more stage - preparation and transfer to the customer of the layout of the land plot (Fig. 14). Based on the layout of the land plot, the act of selecting the land plot is approved and an order is issued to transfer the land plot under one or another type of right.

A boundary plan is a document that is drawn up on the basis of a cadastral plan of the relevant territory or a cadastral extract about the corresponding land plot and in which certain information included in the State Real Estate Cadastre is reproduced and information about the land plot or land plots being formed, or about part or parts of the land plot is indicated , or new information about the land plot or land plots required for entering into the State Real Estate Cadastre.

Rice. 14.

The boundary plan includes text and graphic parts, which have sections that are filled out depending on the type of work performed (Fig. 15).

The boundary plan is drawn up in the form of one document if:

As a result of the division of one original (changed) land plot, one or several land plots are formed simultaneously;

Rice. 15.

• as a result of the redistribution of several original land plots, several land plots are formed;
• simultaneously, a land plot (land plots) and parts of a land plot (land plots) are formed, or simultaneously with the formation of land plots, information about the existing parts of the original land plots is clarified;
• several parts of one land plot are formed simultaneously;
• at the same time, the location of the border of the land plot is clarified and information about parts of the land plot is clarified;
• one or several land plots are formed at the same time and as a result of such cadastral work, the description of the location of the boundaries of adjacent land plots is clarified.

The boundary plan contains information about the land plot (or land plots) being formed in the case of the cadastral

Table 8. Composition of the boundary plan

Composition of the MP by formation of the ZU as a result of the merger	1. Title page. 2. Contents. 3. Initial data. 4. Information about the generated memories and their parts. 5. Information about the changed memories and their parts. 7. Scheme of geodetic constructions. 8. Memory layout diagram. 9. Drawing. 10. Outlines of nodal and turning points of land boundaries (if necessary). 11. Application (if necessary)
MP composition by volume	1. Title page.
development of memory in
as a result of the division	3. Initial data.
la, when everything turned out
interchangeable memory
are simultaneous	6. Information about the memory, through which access is ensured
	blunt to the formed or modified memories. 9. Memory layout diagram. 10. Drawing. 11. Outlines of nodal and turning points of land boundaries (if necessary). 12. Application (if necessary)
MP composition by volume	1. Title page
development of memory from
municipal lands	3. Initial data.
educational	4. Information about the measurements and calculations performed.
	5. Information about the formed memories and their parts. 6. Information about the memory, through which access to the created or changed memory is provided. 7. Conclusion of a cadastral engineer (if necessary). 8. Scheme of geodetic constructions. 9. Memory layout diagram. TO). Drawing. 11. Certificate of approval (if necessary). 12. Outlines of nodal and turning points of land boundaries (if necessary). 13. Application (always)

work, as a result of which the preparation of documents is ensured for the submission to the cadastral registration authority of an application for registration of a land plot (or land plots), information about part or parts of the land plot in the case of cadastral work, as a result of which the preparation of documents is ensured for submission to cadastral registration authority, applications for registration of part or parts of a land plot, new information about a land plot (or land plots) necessary for entering into the State Real Estate Cadastre in the case of cadastral work, which results in the preparation of documents for submission to the cadastral registration authority of an application for registration changes to the land plot (or land plots). If the location of the boundaries of land plots is subject to mandatory approval, the boundary plan must contain information about such approval.

The graphic part of the boundary plan reproduces information from the cadastral plan of the corresponding territory or cadastral extract about the corresponding land plot, and also indicates the location of the boundaries of the land plot or land plots being formed, or the boundaries of a part or parts of the land plot, or the clarified boundaries of land plots, access to the formed or changed land plots (passage or passage from public land plots), including by establishing an easement.

The section “Conclusion of the cadastral engineer” is drawn up by the cadastral engineer in the form of a coherent text and is included in the boundary plan in the following cases:

• 1) during cadastral work, inconsistencies were identified between cadastral information about the location of previously established boundaries of adjacent land plots, boundaries of municipalities or settlements with their actual location, the presence of which is an obstacle to placing the resulting land plots on state cadastral registration or for cadastral recording of changes in relation to existing ones land plots;
• 2) there are unresolved objections regarding the location of the land plot allocated as a share(s) in the right to a land plot from agricultural land, or objections regarding the location of the border of the land plot;
• 3) in other cases, including if, at the discretion of the person performing cadastral work, it is necessary to further justify the results of cadastral work (for example, it is necessary to justify the size of the land plots being formed).

If during cadastral work errors (intersections, discrepancies, gaps) are identified in the location of previously established boundaries of adjacent land plots (previously made cadastral errors), boundaries of municipalities or settlements, the section provides proposals from the cadastral engineer to eliminate the identified errors, including including the results of the necessary measurements.

The application may include title and (or) title documents for the land plot and other real estate located on it, as well as the cadastral basis for the work.

If the boundary plan is drawn up as a result of cadastral work to clarify the location of the border of a land plot or as a result of cadastral work to form land plots, the location of the boundaries of adjacent land plots is clarified, the annex includes:

• 1) documents indicating compliance with the established procedure for notifying interested parties about a meeting to agree on the location of the border of a land plot (for example, receipts for receiving notices about holding a meeting to agree on the location of the border, notices of delivery of such notices, copies of a page of a printed publication containing a notice about holding a meeting to agree on the location of the border of the land plot, and the first sheet containing the details of such a printed publication, etc.) in the event that the duly notified interested person or his representative did not express his consent within the prescribed period by certifying with a personal signature the approval act location of borders or did not submit their objections about the location of borders in writing with their justification;
• 2) copies of notarized powers of attorney from land owners, confirming the authority of their representatives to participate in the approval. In this case, the powers of a representative of a legal entity who has the right to represent the interests of a legal entity without a power of attorney are confirmed by an extract from the Unified State Register of Legal Entities, and the powers of representatives of state authorities or local governments are confirmed by an act of the relevant state authority or local government;
• 3) justified objections of interested parties regarding the location of the border of the land plot (if there are such objections);
• 4) documents indicating the removal of objections about the location of the border of the land plot, or copies of documents on the resolution of the land dispute (if there are objections about the location of the border of the land plot or if there has been a corresponding land dispute).

In the case of cadastral work on the formation of land plots based on the results of the division of the original land plot, the written consent (decision) of land users, landowners, tenants, mortgagees of the original land plots to form land plots from them is included in the annex to the boundary plan.

Instead of projects for the organization and development of territories of horticultural, gardening or dacha non-profit associations of citizens, as well as projects for the redistribution of agricultural land and other agricultural lands, the application may include extracts from these documents or copies of their individual components, including fragments of graphic images and etc.

An example of a boundary plan is given in Appendix 7.

After preparing the boundary plan, the documents are submitted to the cadastral registration authority to carry out cadastral registration or enter information into previously registered land plots.

According to the 3rd All-Russian Congress of Cadastral Engineers, the main reasons for suspensions of applications for registration and changes to registered land plots accepted electronically (55%) are violations of the requirements of Art. 26, clause 5, part 2 of the Federal Law on the State Property Committee (application for cadastral registration or documents required for cadastral registration in form or content do not comply with the requirements of this Federal Law), and refusals (76%) - Art. 27, part 2, clause 6 (the period for suspension of cadastral registration has expired and the circumstances that served as the basis for the decision to suspend have not been eliminated).

Composition and order of execution
cadastral works when registering
cadastral registration of land plots
specific purpose and
permitted use
Performed:
student of group Z-32
specialty 02/21/05
Victoria Evgenievna Shitova
Kirov 2017

Target:
Determine the composition and procedure for performing cadastral work when
registration of land plots of a certain
intended purpose and permitted use.
Tasks:
1.
Consider the general concepts of cadastral activities.
2.
Determine the procedure for performing cadastral work.
3.
Analyze the composition of cadastral works for land

4.
Study the procedure for registering a land plot on the cadastral register
accounting

An object:
Land
plot with cadastral number 43:12:030101:201,
located at: Kirov region, Kirovo-Chepetsky
district, Boroviki village, 37.
Item:
Carrying out cadastral works regarding the land plot.
Methods:
1.
Comparative.
2.
Analytical.

Types of cadastral works
1.
Identification of all owners and land users of this
land plot and plots adjacent to the land plot
customer.
2.
Development and subsequent approval of the layout
land plot in local governments.
3.
Carrying out contour (cadastral) survey of the territory.
4.
Description of the outlines of buildings on the site.
5.
Land surveying and creation of a boundary plan.

Documents required to perform cadastral work

1.
Boundary plan.
2.
Technical plan.
3.
Inspection report.

Main stages of cadastral work

Organization
And
execution
cadastral
events
Cadastral engineers are involved. Carrying out work on each
the facility is carried out in the following stages:
1. Preparatory work.
2.
Field work.
3.
Office work.
4.
Drawing up a boundary plan.

Documents required for cadastral registration

1. Surveyor
plan,
technical
plan
or
Act
examinations,
prepared as a result of cadastral work, map plan
territories,
prepared
V
result
execution
complex cadastral works.
2. Certificates of the right to inheritance.
3. Judicial acts that have entered into legal force.
4. Agreements and other transactions in relation to real estate,
committed in accordance with the legislation in force in
place
location
completing a transaction.
immovable
property
on
moment

The procedure for state cadastral registration

1. Submitting an application for state cadastral registration and (or)
state
registration
rights
And
attached
To
him
documents.
2. Conducting legal examination of documents.
3. Application
V
registration
EGRN
established
real estate"
Federal Law
"ABOUT
information,
state
necessary
For
implementation of state cadastral registration and (or)
state registration of rights.
4. Issue
documents
after
implementation
state
cadastral registration and (or) state registration of rights.

Grounds for suspension of cadastral registration

1.
The person indicated in the application as the copyright holder does not have
rights to such real estate.
2.
I applied for state cadastral registration
improper person.
3.
Available
contradictions
between
declared
rights
And
already
registered rights.
4.
The documents presented are not genuine or information
contained in them are unreliable.
5.
Submitted
documentation
unauthorized persons.
signed
(certified)

Grounds for refusal to carry out cadastral registration

1.
The application and documents are presented in the form of documents on
on paper and have erasures or additions crossed out
words and other corrections not specified in them.
2.
The Unified State Register contains a note about the impossibility of state
registration of transfer of rights, restrictions on rights and encumbrances
property without the personal participation of the owner of the property
real estate.
3.
The application for state cadastral registration has not been signed
by the applicant in accordance with the legislation of the Russian Federation.

Cadastral registration object

Documents for preparing a boundary plan

1.
Application for cadastral works.
2.
Passport or other document confirming the identity of the applicant.
3.
A document of title to the land issued by Rosreestr.
4.
Cadastral plan of nearby lands.
5.
Cadastral extract about the plot.
6.
Title documents for land.

Conclusion

1.
The general concepts of cadastral activities are considered.
2.
The procedure for performing cadastral work has been determined.
3.
The composition of cadastral works for land ownership has been analyzed
plot using the example of land in populated areas.
4.
Studied
procedure
productions
land
plot
on
cadastral registration.
5.
Identified
peculiarities
suspension
implementation of cadastral registration.
And
refusal

Land management activities are aimed at obtaining accurate information regarding property, which should be understood as land plots and real estate, for the possibility of its inclusion in the state register, as this is necessary to legitimize the relevant property rights.

Types of cadastral works

Procedures related to land management are cadastral work in relation to:

• to land plots;
• to objects classified as real estate;
• to land plots and real estate objects (comprehensively).

Attention! Information collected during cadastral work is available to some government agencies, including the tax office.

Cadastral works regarding land plots

Land management activities can be initiated by land owners and government agencies. The start of such activities is given when the need arises:

• transfer land use rights;
• seize the plot;
• redistribute land holdings;
• combine one or another number of plots;
• clarify the boundaries of a specific landholding or several;
• confirm the fact of damage to the lands being used;
• restore disturbed lands or exclude them from land circulation.

Of all land management activities, land surveying is in great demand, with the help of which information on land plots is clarified in terms of their boundaries.

Attention! Through land surveying, confirmation of the legal right to land within specific boundaries is ensured, which makes it possible to resolve numerous disputes on this matter.

In this case, primary surveying should be understood as marking the boundaries of a specific site on which it is planned to erect a structure or its further use - lease. In relation to damaged lands, which also applies to contaminated areas, land management work is carried out, defined as complex, since these areas usually contain various structures and buildings.

The cadastral work itself is regulated by a certain set of requirements for land plots in terms of their formation:

• the area of ​​the site must be in accordance with urban planning standards;
• the boundaries of the site should not extend into the territory of other landholdings, for example, municipal ones;
• the site cannot be provided for use if this becomes the reason for blocking access to other objects;
• the site should not interfere with the use of other similar areas located in the neighborhood.

Cadastral works from the perspective of the stages of their implementation

Activities to ensure cadastral registration are usually as follows:

• organizational;
• planned;
• field;
• office.

Organizational – collection of information regarding the site; checking relevant documentation; identification of those persons who are users of the land; coordination of the boundaries of the site with the owners of neighboring plots; visiting the place where the site is located.

Planned – determination of the task regarding the territory surveying project based on the information obtained at the previous stage. Approval of such a task is the prerogative of the customer. After receiving approval from him, it becomes possible to conclude a contract for carrying out the required work within the framework of this task.

Field – carrying out topographic and geodetic work through the use of appropriate equipment to specify the boundaries of the plot and describe the contours of the structures existing on its territory. Also, events of this type make it possible to establish how access to the site will be provided in terms of passage and travel routes.

Cameral – processing the information obtained at the previous stages and drawing up a document in the form of a land surveying plan.

The result of cadastral work is the territory survey acts, which are required for entering data on the site into the state register. In this case, the customer is given copies of the relevant documents.

Attention! The land survey plan must be agreed not only with those who have a land share of the site, but also with the owners of plots located in the neighborhood.

Cadastral work regarding real estate

Activities in terms of ensuring cadastral registration of real estate leads to the preparation of a cadastral plan and a document such as a technical plan in relation to the following types of objects:

• houses characterized as multi-apartment, private and country houses, as well as non-residential buildings;
• utility networks and various structures, for example, in the form of roads and power plants;
• apartments, common areas and rooms;
• structures under construction;
• real estate planned for construction.

Carrying out the type of work in question in relation to real estate is determined by the need for restructuring, changing the layout or design of a particular structure, which may be associated with its destruction as a result of some circumstances. This is required to legitimize ownership rights to a specific property.

In turn, technical inventory is aimed at generating accounting data in relation to the object being surveyed. Inventory, defined as current, allows you to record changes that occurred after redevelopment or renovation, including demolition of the building.

As for the stages of cadastral measures for real estate, they are identical to the process that is carried out in relation to land plots.

Complex cadastral works

Cadastral work, from the point of view of the complexity of its implementation, is based on land management and inventory of real estate located on the site. Also, such work is carried out in cases where the site is intended to be used for the intended development. Consultation on carrying out such work can be obtained.

Cadastral work of this type is carried out in accordance with the same stages as in the case of land management. The only difference here is that the activities carried out in relation to real estate and land are carried out comprehensively.

List of cadastral documents

After carrying out cadastral activities, the customer receives two documents:

• cadastral passport;
• extract from the cadastre.

The presence of the mentioned documents makes it possible to directly register ownership.

• site diagram;
• plot number in terms of cadastral registration;
• the area of ​​the land;
• location of the object or its address;
• the cost of the plot from the cadastre position;
• the purpose of land tenure and the available uses;
• information that the established boundaries of the site comply with the law;
• date of entry of data on the site into the state register.

The certificate reflects information on the site in terms of its coordinates and lines defining the boundaries of land ownership.

Important! The owner has the opportunity to conduct transactions with land ownership or real estate only after completion of cadastral activities and receipt of the relevant registration documents.

2) coordination of the location of the boundaries of land plots by holding meetings of the conciliation commission on this issue;

3) approval by the customer of complex cadastral works of a map-plan of the territory;

4) submission of a map-plan of the territory to the rights registration authority.

2. When performing complex cadastral works, the performer of complex cadastral works:

1) receives or collects documents containing the initial data necessary to carry out complex cadastral work;

2) notifies the copyright holders of real estate objects that, in accordance with Part 1 of Article 42.1 of this Federal Law, are objects of complex cadastral work, about the start of such work;

3) submits to the rights registration authority an application for recording the addresses of the copyright holders of real estate objects that, in accordance with Part 1 of Article 42.1 of this Federal Law, are objects of complex cadastral works, and an application for entering into the Unified State Register of Real Estate information about previously registered real estate objects located within the boundaries of territory for complex cadastral works, in accordance with the rights holders of these objects provided and certified in accordance with the procedure established by the Federal Law of July 13, 2015 N 218-FZ "On State Registration of Real Estate" with copies of documents establishing or confirming the rights to these real estate objects, which in accordance with Part 4 of Article 69 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” are considered previously taken into account, but information about which is not available in the Unified State Register of Real Estate;

(see text in the previous edition)

4) prepares a draft map-plan of the territory;

5) submits a draft map-plan of the territory, including in the form of a paper document, to the customer of complex cadastral works for its consideration and approval;

6) participates in the manner established by this Federal Law in the work of the conciliation commission and draws up a draft map-plan of the territory in the final version;

(see text in the previous edition)

3. Complex cadastral work is carried out only if there is a project for surveying the territory of the corresponding element or relevant elements of the planning structure, approved in the manner established by the legislation on urban planning, or a project for surveying a land plot or land plots, approved in the manner established by Federal Law of July 24, 2002 N 101-FZ "On the turnover of agricultural land", or project documentation on the location, boundaries, area and other quantitative and qualitative characteristics of forest areas. In relation to land plots located within the boundaries of the territory where citizens conduct horticulture or vegetable gardening for their own needs, complex cadastral work is carried out in the presence of a territory surveying project approved in the manner established by the legislation on urban planning activities or a project for the organization and development of the territory or another establishing the distribution of land plots in horticultural or vegetable gardening non-profit partnership document. To determine the location of the boundaries of land plots when performing complex cadastral works, materials from land management documentation contained in the state fund of data obtained as a result of land management, materials and data from federal, territorial and departmental cartographic and geodetic funds, situational plans contained in technical passports of located on land plots of real estate objects that are in the archives of organizations for state technical accounting and (or) technical inventory, planning and cartographic materials available in local governments of municipal districts, local governments of urban and rural settlements, local governments of urban districts, documents on land rights and other documents containing information about the location of the boundaries of land plots.

(see text in the previous edition)

4. Materials available to the customer for complex cadastral works and information necessary for the implementation of complex cadastral works, including information from the Unified State Register of Real Estate (in electronic form), state address register (in electronic form), information from the information system for supporting urban planning activities and others systems and (or) archives of local government bodies are provided to the individual entrepreneur specified in Article 32 of this Federal Law, or to the legal entity specified in Article 33 of this Federal Law, after concluding a state or municipal contract for the performance of complex cadastral works. The performer of complex cadastral works obtains other materials necessary for performing the work independently. Rights holders of land plots and (or) real estate objects have the right to provide the executor of complex cadastral works with the materials and documents they have in relation to real estate objects, as well as those certified in accordance with the established Federal