Any immovable property must have its own cadastral number, and, accordingly, be registered with the cadastre. This is due to the need to confirm the rights of the owner to his property. Therefore, if you are considering the possibility of acquiring real estate soon, you need to study this issue. This article talks about cadastral registration of real estate.
What it is?
Cadastral registration of real estate is a special procedure aimed at describing the characteristics of the real estate. Such a description contains a specific set of characteristics unique to this object. The presence by the property owner of these obligations is evidenced by the presence of a cadastral passport. In order not to constitute an object of real estate, state registration is required for almost any real estate. A cadastral passport can be issued by contacting any of the following organizations:
- Rosreestr;
- registration chambers of regional type;
- MFC.
What does a cadastral passport give?
The registration of real estate in the state cadastral register is a prerequisite for legal actions with property legally. Property owners can dispose of their property only if these objects are registered in the state. Only recorded property can be donated, sold, divided, rented, etc. Under federal law No. 141, a condition is stipulated that any acquired property necessarily requires registration.
For which property is a cadastral passport required?
The basis for registration on this account is the formation or creation of a new property, a change in its characteristics, as well as the termination of its existence. The law provides for the mandatory registration of the following objects:
- Land plots: newly created plots of land that were not previously registered with the state cadastral registration, plots obtained by combining or dividing already registered plots.
- The construction of a new building.
- Unfinished construction objects.
- Making significant changes on the land or indoors.
Registration does not work out territories and objects that cannot be privatized. Such objects include: reserves; forestry and water facilities in the country; lands related to security services; territories intended for testing military equipment and military exercises.
Who draws up the documents?
Cadastral registration has the right to deal with:
- The owner of the property.
- Tenant (in cases where the rental period is from five years or more).
- Heir to the property, having the right of life inheritance.
These persons can be engaged in cadastral registration both independently and through their legal representative.
Often owners who have acquired property that requires registration with the state cadastre ask themselves the question “Where should I go to register my rights to real estate?”.
For registration of all documents, you should contact the registration chamber. Contacting the Rosreestr or the cadastral chamber will only delay the registration process. These organs perform slightly different functions. Only the registration chamber is entitled to enter and change data on real estate in the Unified State Register.
Is the developer required to register property?
If in the future the developer does not plan to dispose of the property, then he may not put it on cadastral registration. He can do this at any other time.
If, immediately after completion of the construction, the developer intends to transfer the property for acquisition, then he needs to carry out the registration procedure in the cadastre so that the constructed property can participate in civil circulation. In addition, it is important for the developer to complete the registration procedure before the object is transferred to the managing organization or before the sale. Register newly built objects should be when the property is fully ready for use and operation.
Consequences of acquiring unaccounted real estate
A transaction with a property that is not cadastral registered cannot be registered. Only after registration in the cadastre, the transaction becomes possible, and real estate can participate in circulation. Therefore, you should carefully consider what documents the developer offers together with real estate.
Often, developers try to sell such objects, significantly reducing the price. Many buyers are attracted by the low price, and they acquire such real estate. Problems arise after the purchase, when the owner is trying to register his property.
Some nuances of cadastral registration of real estate
In the case when one property is transformed into two or more objects, the cadastral number must be assigned to each of these objects. Withdrawal from cadastral registration is possible on an individual basis. Only property owner or his legal representative can register property.
Land registration
Landowners need to go through the registration procedure in the Unified State Register. Otherwise, the ownership of the property will be transferred to local authorities.
Legislation in the land sector continues to change rapidly. The government seeks to minimize the number of illegal sites, which will lead to an increase in tax deductions to the budget. In addition to the registration of land, it is planned to fix their existing borders with the introduction of appropriate amendments to the state cadastre.
Starting January 1, 2018, it is forbidden to dispose of land plots that have not undergone a land surveying procedure. Such plots cannot be sold or donated even if there is ownership of them.
Landowners who have completed the cadastral registration of land plots before 2008 (when the land surveying procedure was not mandatory) must also draw up documents indicating the boundaries of the site. Only after completing the land surveying procedure does the landowner receive a cadastral statement.
According to analysts, most of the areas recorded in the inventory do not have clear boundaries. This uncertainty is partly due to the simplified registration procedure approved in the so-called summer cottage amnesty. This project was designed to simplify land registration. Owners who did not have a full package of title documents could take advantage of the provisions of this project, and land surveying when registering for cadastral registration under a summer residence amnesty was not mandatory.
Under the new legislation, owners who have registered their land plots in the cadastre under a simplified system will have to document the boundaries of their land allotments by the end of 2018. Otherwise, they risk losing their rights to their lands.
In addition to the paragraph on mandatory land surveying, from 2018 there were other amendments in the inventory. First of all, this is the procedure for assessing plots, on the basis of which the size of the property tax will be calculated. The value of land will be as equated as possible to the market price. Such innovations will lead to an increase in tax revenues to the budget. In cases where the owner of the land does not agree with the cadastral value determined for his land and considers it to be too high, he will have to dispute this through a court.
Registration of real estate is carried out on the basis of the application of the person entitled to register the object, as well as the package of documents attached to the application.
To register the land allotment for state registration, you will need to prepare the following documents:
- owner's passport;
- Documents giving the right to registration (for example, a contract of sale of land, a lease or gift, etc.);
- certificate of ownership;
- site plan;
- documents confirming the passage of the land surveying procedure;
- receipt of payment of duty.
After submitting the documents, the object will be registered no later than 3 calendar weeks.
Conclusion
Given the above information, it becomes clear why the issue of cadastral registration of real estate is so important for the owner. This article highlights the answers to questions that people most often have when registering their real estate for state registration.