The State Land Cadastre is a set of systematized information about land plots, their purpose, location, information about the presence of inextricably linked real estate objects on the plots, individualization of owners.
Purpose of the land cadastre
The main purpose of maintaining the state land cadastre is information support related to the achievement of specific goals:
- land management at the municipal and state levels;
- control over the use of land;
- organization of measures to create optimal conditions for agricultural work, increasing fertility;
- land management;
- economic valuation of land in order to establish the optimal and reasonable amount of payment for land plots;
- accounting for all actions related to the possession, disposal and use of land.
Unification of the cadastre allows you to develop a unified composition and structure of cadastral data.
Cadastral activities
Cadastral activity is an integral part of maintaining the land cadastre, which involves the performance of work by the cadastral engineer, the result of which will prepare documents and enter all information into the state cadastral register.
Who has the right to carry out work and register specialists
The right to carry out cadastral activities is held by individuals who have undergone special training and received a qualification certificate.
All cadastral engineers are registered at the state level, information about specialists is publicly available, and it can be found on the website of the Federal State Registration, Cadastre and Cartography Service.
Cadastral Result
Cadastral activity is the work of land surveying, technical inspection of real estate located on the land.
Based on the results of the work, the customer will be able to put or remove from the cadastral registration of the land, get information about changes in the property.
Land surveying
The boundary plan is compiled on the basis of the cadastral plan and the extract from the cadastre on a specific land plot and consists of two parts:
- Graphic. In this part, the boundaries of the plot are schematically displayed, the coordinates of the points of the corresponding boundaries are determined.
- Textual.
The graphic part of the boundary plan
Certain boundaries are subject to mandatory agreement with the owners of adjacent plots. This procedure may be included in the activities of the cadastral engineer by agreement of the parties. Coordination can be carried out by the customer himself.
Coordination of the location of borders can be carried out without establishing boundaries on the ground and with their establishment. Naturally, stakeholders often require neighbors to carry out a border-setting procedure in order to prevent any further disputes.
The approval procedure involves a number of measures:
- verification of authority of representatives of allied entities;
- ensuring access of the interested person in familiarization with the boundary plan;
- Indication of the place where the boundary is set.
The result of the coordination is an act with a graphic plan and concordance signatures, seals of allies. If the notification about the need to coordinate the borders was carried out in writing, and the subcontractors did not appear for approval, did not express any objections within the prescribed time, then the plan is considered agreed and a corresponding mark is made.
In the case when allies have objections to the established boundaries, their opinion shall be entered into the act. If the objections are in writing, then they are attached to the act and plan. If the parties cannot agree, then the dispute can only be resolved in court.
The legislative framework
The main regulatory document governing cadastral activities is 221- “On Cadastral Activities”. The law was still created in 2007 and has undergone several changes.
Cadastral activity is the work that can be carried out by engineers who are members of the SRO. The purpose of cadastral events is to record all real estate, land, structures, buildings, construction in progress.
The new edition of the Federal Law "On Cadastral Activities" obliges cadastral engineers to join the self-regulatory organization of cadastral engineers. Control over their activities should be carried out by a self-regulatory organization. Organizations are also entitled to consider complaints against its members.
The law clearly defines the requirements for a cadastral engineer who must have a specialized higher education, be a citizen of the Russian Federation and have relevant experience of at least 2 years. Also, an engineer must pass a theoretical exam and have no penalties in the form of disqualification for violation of regulations in the field of cadastre, must enter into an agreement with the UK on civil liability insurance of a cadastral engineer. And the requirements for specialized education do not apply until the beginning of 2020.
If the engineer has a valid qualification certificate, then to enter the SRO it is not required to pass an exam and have the work experience required by the amendments to the law.
Since the end of 2016, the law "On Cadastral Activities" provides for a mandatory pre-trial procedure for appealing decisions on the suspension of cadastral registration.
Organization of cadastral activities
In accordance with the federal code, cadastral activity is an activity carried out on a commercial basis and associated with the formation of objects subject to cadastral registration. And such activities are carried out by authorized persons, in this case cadastral engineers, in the framework of a public and reimbursable contract.
Forms of organization of cadastral activities:
- individual entrepreneur;
- employee of a legal entity carrying out its activities on the basis of an employment contract.
He is obliged to notify the executive authorities and the bodies that issued the qualification certificate no later than 30 days about his decision, which form of activity the cadastral engineer has chosen.
Each specialist should have:
The requirements for registration of individual entrepreneurship are standard for cadastral engineers.
If the cadastral engineer works at the enterprise, then such a legal entity must meet certain requirements:
- have at least 2 cadastral engineers in their staff with qualification certificates;
- create all conditions for storing documents that they receive from third parties in connection with the execution of contract agreements for cadastral activities.
In this case, the contract with the customer is concluded with the legal entity, and not with the cadastral engineer.
Self-regulatory organization
The main goal of a self-regulatory organization in the field of cadastre is to create optimal conditions for the professional activities of engineers, to create uniform rules for all members and to track the accuracy of compliance with these rules.
The Law "On Cadastral Activities" requires the SRO to maintain its own register of qualified cadastral engineers, represent their interests in public bodies, and protect their legal rights and interests.
SRO rights:
- protect the interests of all its members in the event of disputes at the level of local authorities, in government bodies;
- develop binding rules for SRO members to communicate to the public and all members in a timely manner by publication in the media;
- monitor compliance by engineers with established rules;
- receive and analyze information from cadastral authorities on the results of the activities of its members;
- consider complaints about actions of SRO participants;
- apply liability measures to cadastral engineers, which are provided for by the charter and local documents in the framework of the current legislation.
A self-regulatory organization is not entitled to independently carry out commercial activities in the field of cadastral works.
What works are popular this year
According to statistics, the cadastral activity of 2017 is mainly aimed at:
- Preparation of land plot location schemes, which is required for filling out a petition for the allocation of a plot of land from state and municipal property.
- Creation of a land survey plan, which is required when registering a site for cadastral registration.
- Design coordinate description. This is due to the need to clarify the location of the borders, the area of the site due to the fact that the land has no coordinates or they are defined in the wrong system.
- Registration of a newly created immovable property (building).
- Allocation of a share in kind. Such work is possible only if the property is in shared ownership. After selection, one or more sections appear, and the original section remains, but with changed boundaries. Newly formed plots of land have ownership rights of individual shared owners. As a rule, such work is carried out if the owners cannot reach an agreement on the use of land.
- Division of a site, association. When dividing a site, two or more are formed, each of which receives its own borders and cadastral number. The main thing is that a land plot falls into the category of a dividend, that is, it can actually be divided into two or more land plots, without prejudice to all newly formed ones. When combined, on the contrary, several sections are formed into one with one cadastral number.