State cadastral registration is a special registration of cadastral registration objects. Law on state cadastral registration

In the field of regulation of property turnover, issues of state cadastral registration and state registration of real estate are of particular difficulty. In 2017, a number of changes were introduced to the rules of maintaining the state register in electronic form, the terms for the provision of public services, duplication of functions was excluded. Let us consider in more detail the system of state cadastral registration.

Exclusion of duplicate functions

The main laws governing state registration of real estate until 2017 were the following laws:

1. On state cadastral registration - Federal Law No. 221. Its proper name is the Federal Law "On State Real Estate Cadastre".
2. Federal Law No. 122 governing the procedures for state registration of rights to real estate and transactions with them.

In 2017, both regulations were amended. So, the Federal Law No. 221 will be referred to as the Law "On Cadastral Activities". Since 2020, Federal Law No. 122 will cease to be in force. However, some of its sections will cease to be effective as of 2017.

Association of infobases

Until 2017, there were 2 registries.

The first registered the rights to real estate and transactions with it. The second registry was the state real estate cadastre. Since 2017, they have been combined.

The Unified Register of Real Estate is currently in force.

Authorized Institutions

Registration and reflection of changes in information was entrusted to the Cadastral Chamber and the territorial division of Rosreestr - state cadastral registration authorities.

In the amended regulatory acts, complex names are replaced by simpler ones. So, the registration structure since 2017 is called the "Authority Registration Authority" (formerly called the "Regulatory Authority in the Field of Cadastral Relations").

Reception and issuance of documents

Interested parties can now submit one application for cadastral registration and registration of rights.

Regardless of the address of the location of the state cadastral registration object, registration can be done in the "single window" mode. It is not necessary to go to another subject of the Russian Federation.

Another important innovation is the electronic register of real estate. Applicants can now send the required papers online.

Since 2017, the procedure for the delivery of executed documents has changed. It is now carried out at any address and at any time. This is convenient, first of all, for people with disabilities (limited health abilities), mothers with many children, other citizens who are not able to leave work in order to receive papers in an authorized body personally.

The timing

The legislation defines a list of actions, the fact of which is subject to state cadastral registration. This is the registration:

1. Real estate purchase and sale transactions (including land).
2. Property not previously registered in the registry.
3. Built real estate.

Since 2017, the period for registration of rights and registration of real estate has been reduced. The current dates (in working days) are given in the table.

When submitting documents for state cadastral registration via the Internet, the deadlines for registration are further reduced.

Nuances

In practice, there may be cases of denial of state registration of rights. As indicated in clause 1, paragraph 2 of part 27 of the article of the Federal Law "On the State Real Estate Cadastre", the authorized body takes the appropriate decision if the property does not belong to the category of real estate.

The objects for which the state cadastral registration is maintained are structures, land plots, buildings and their parts, objects of incomplete construction, premises, parking lots.

It must also be said that if the papers were sent to the authorized body before December 31, 2016, then the time period for their consideration is determined by the previously applicable rules. The new procedure applies to cases of interested parties after January 1, 2017.

Basic information of state cadastral registration

The registry contains a fairly large amount of information. The following information is included:

1. Type of object. This may be a site, premises, building, etc.
2. Cadastral number, date of assignment.
3. Description of the location of the object.
4. The account number assigned earlier (inventory, conditional, cadastral or record number in the forest register).
5. Cadastral number of the source object from which the new property is formed. The creation of an object may be related to the allocation, division or other legal action with real estate.
6. Cadastral numbers of parking spaces / premises located in the building / building.
7. Date of removal of property from the state cadastral registration. This information is provided if the object has ceased to exist. It also indicates data on this fact (grounds, etc.).
8. Cadastral numbers of other real estate within the boundaries of which the property in question is located, as well as of a single property complex (or an enterprise acting as it), if the specified object is part of it.
9. Area. It is indicated for land plots, structures, premises, parking lots, buildings.
10. The main characteristic of real estate in relation to which the state cadastral registration is kept. This may be data on the length, volume, height or depth of occurrence. If the object is a structure, the digital value of this characteristic is also indicated.
11. The degree of readiness of an immovable object, construction in progress. The indicator is given as a percentage.
12. The intended purpose of the structure / building, the construction of which is not completed.
13. The number of floors (including underground), if provided.
14. The number of the floor on which the room / car space is located.
15. Information about the location of the premises referred to the common property, if it is in shared ownership in accordance with federal law.
16. The material from which the external walls are made, if the building is used as the metering object.
17. The year in which the building / structure completed by construction was commissioned. The year of completion of construction may be indicated if the issuance of an entry permit for the facility is not provided by law.
18. Information that the premises, according to the documents on urban development, the project, is intended to serve other areas or parking spaces, or it refers to a public facility.
19. Registration numbers in the state register of persons conducting cadastral activities, engineers who performed work in relation to real estate, details of contracts for their implementation (date of conclusion and number).
20. Type of living space in accordance with the LCD.
21. Cadastral numbers of immovable objects included in a single complex.
22. Information about the part of the object, if completed.

In addition, cadastral numbers are among the main information:

1. The objects included in the structure of the enterprise acting as a property complex.
2. Educated object.
3. Real estate located within the boundaries of the land plot.
4. The quarter within which the object is located.

Additional Information

State cadastral registration of land involves the introduction of information about:

1. Cadastral value.
2. Water bodies, forests, other natural complexes located within the allotment.
3. Categories of land.
4. Types of permitted use. This information is also indicated in relation to structures / buildings located within the allotment.
5. The fact of location (partial / full) within the zone with a special regime of use or an object of cultural and historical heritage. It also indicates the restrictions, if any.
6. The fact of the location of the allotment within the specially protected area, forest park, forestry, hunting ground.
7. The fact that the site is located within the boundaries of the SEZ (special economic zone), TOC (territory of priority social development), gambling zone, ZTR (zone of territorial development).
8. The location of the allotment within the territory in respect of which the boundary project was approved.
9. Conditional number.
10. There is a dispute about the location of the boundaries of the plots.

When the state cadastral registration of land plots in a single register also includes information that:

1. The allotment (allotments) was formed in accordance with the decision on its removal (or removal of the building located on it) for municipal / state needs.
2. The object is created from land, state ownership of which is not delimited.

Other information

They include information:

1. On the results of land state supervision.
2. The location address of the object (if any).
3. The assignment of housing to a certain type of premises of a specialized housing fund, a hired house for commercial or social use.
4. The conclusion of the contract / adoption of the act.
5. The purpose of the structure, real estate complex, enterprise, building, premises.

General registration rules

Current regulatory acts establish the basis for accounting.

State cadastral registration of real estate is carried out when:

1. Creation / formation of an object. In this case, registration is made.
2. The ceasing of the existence of the object. In such a situation, he is deregistered.
3. Changing the unique characteristics of an immovable property.

Accounting actions of authorized employees of the registering structure are carried out on the basis of the application and its annexes. The latter include:

1. Receipt of payment of duty (in case of registration).
2. Boundary plan. It is necessary not only when registering, but also when registering part of an object, changes in its unique characteristics.
3. A document confirming a change in the type of permitted use, land category.

Other state papers may be required for state cadastral registration of real estate. For example, a document on the right to allotment, power of attorney (if a representative acts on behalf of the interested person).

The legislation provides a list of documents that authorized bodies are not entitled to require from the applicant. The request for such securities is carried out in the framework of interagency information interaction. Claiming them from the applicant is considered unreasonable and unlawful.

Application

It can be carried out by mail, in person or via the Internet in the form of an electronic document.

The application is certified by the signature of the person concerned or his representative. It must be certified by a notary public, unless the document is submitted personally to the authorized registration authority.

If a person sends an electronic document, then it must be certified by a digital signature.

An application submitted in person must be registered on the day of submission in the appropriate Book of Records. An authorized employee shall indicate the time of receipt of the document to the nearest minute. On applications, the application registration number and date are affixed.

The applicant must be issued a receipt. It is a certified copy of the registered application. If the documents were received by mail, a receipt will be sent to the interested person with a receipt confirmation. His details are indicated in the book of accounting.

Features of state cadastral registration when creating an object

Real estate education should be considered:

1. A section of a jointly owned property. This action can be carried out after determining the shares or by agreement of the parties.
2. Allocation of part of property in shared ownership.
3. Combining objects or changing their characteristics. This action is possible if one object is formed on the basis of existing parts of the property or the original parts change characteristics at the expense of each other (borders, area, etc.).

In the section for the implementation of cadastral registration, the interested person provides the application and the necessary attachments to it in one copy. Registration of all objects is carried out simultaneously.

When allocating a share or combining several objects, the interested person provides an application for registration of the created object and other necessary documents.

Changes to the original facilities are also subject to registration. In some cases, it is possible to deregister them. These actions are carried out in the framework of information interaction in accordance with the documentation received by the registration structure and confirming the state registration of rights to objects created as a result of the transformation.

It is not necessary to submit an application for recording changes or removing property from the register.

Temporary nature of information

Information that is entered into the cadastre when accounting for an object formed as a result of conversion is temporary. They cease to be so from the date of registration of the right to such property.

If a year has passed from the date of registration of real estate (or two years for plots), and state registration of rights has not been carried out, the information is canceled and excluded from the state cadastre.

Removal from the register

If information about the plot was included in the cadastre, their cancellation is allowed only if the allotment is a convertible immovable.

Deregistration is carried out without an application in accordance with the documents received by the authorized body in the framework of information interaction and confirming the state registration of rights to objects created as a result of conversion.

These actions are taken within 3 business days. The calculation of the term is carried out from the date of receipt of documents.

Change the area or location description

Accounting for this information is allowed in connection with the clarification of the characteristics of the location of the boundaries of the site, information about which does not meet the established requirements.

When taking into account the clarification of the boundaries of the allotment, which are also the borders of another plot, changes are also made to the information of the adjacent object. At the same time, their location should be agreed with interested parties if cadastral work is carried out aimed at preparing the documentation attached to the application for amendments to the cadastre.