Russia’s simplified procedure for carrying out integrated cadastral works
Russians can legalize land used for more than 15 years
On September 16, amendments to the laws “On Cadastral Activities” and “On State Registration of Real Estate” enter into force. The amendments will simplify the procedure for conducting comprehensive cadastral works, which are ordered by municipal authorities. The Federal Law (150-FZ dated 06/17/2019) establishes the procedure for clarifying the boundaries of land plots whose actual area does not correspond to the area indicated in the Unified State Register of Real Estate (EGRN).
The collection and analysis of data in the course of comprehensive cadastral works allows us to identify and eliminate cases of border crossing and, in certain cases, land capture, as well as registry errors. The latter is the most common reason why gardeners cannot register private plots and common lands in cadastral records in accordance with the law. According to experts of the Federal Cadastral Chamber, the simplification of the procedure for conducting complex cadastral works as a whole will have a beneficial effect on the situation of land owners.
So, one of the provisions provides an opportunity for citizens to legalize, in the framework of complex cadastral works, actually used land plots if their area exceeds the area indicated in the USRN. It is important to note that it will be possible to legitimize the actually used “extra” meters only if the site has been used within these borders for more than 15 years, there are no encroachments on it by neighbors and claims of authorities. In addition, the area of such an “increase” should be no more than the maximum minimum size of the plot established by the local administration, and if such a minimum size is not set, no more than 10% of the area specified in the EGRN.
“Citizens have the opportunity to officially register the used plots, and, accordingly, subsequently dispose of them. If during the complex cadastral works, which are carried out by order of local authorities, it turns out that the used land area is larger than provided by the data in the USRN, if all the criteria are met, the difference can be legalized. But it’s important – amendments cannot be regarded as an opportunity to quickly increase the area of their land plots. The law aims to clarify existing plots and support owners who have used land without specified borders for many years, ”says Marina Semenova, deputy head of the Federal Cadastral Chamber.
Integrated cadastral works (KKR) are cadastral works that are performed simultaneously in relation to all land plots, buildings, structures (except linear objects) located in the territory of one cadastral quarter or in the territories of several adjacent cadastral quarters, as well as construction in progress. Such work is carried out at the expense of the budget by order of public authorities (in Moscow, St. Petersburg, Sevastopol) or local government (in other regions of the country, municipal regions, urban districts).
Cadastral work is carried out to clarify the boundaries of land, buildings, structures, construction in progress. In addition, they are needed for the correct presentation of the land plots on which the buildings are located, as well as for correcting registry errors. Complex cadastral works are not carried out in relation to linear objects.
Information on such work is published in open sources, including on the websites of state authorities or local self-government, within 10 days from the date of conclusion of the contract for the implementation of comprehensive cadastral works. In addition, the right executor of the work, the cadastral engineer, should inform the copyright holder of the start of work in the specific cadastral quarter where the facility is located, if this information is in the real estate register.
As noted by the deputy head of the Cadastral Chamber, Marina Semenova, after entering into the USRN information about land plots and the location of buildings, structures, construction in progress obtained as a result of comprehensive cadastral work, the owners of such real estate objects no longer need to carry out cadastral work at their own expense. Complex cadastral works are carried out on budgetary funds.
In addition, with the entry into force of 150-FZ, it becomes possible to carry out comprehensive cadastral works without an approved project for land surveying, if, in accordance with the Town Planning Code of the Russian Federation, the development and approval of such a project is not required. According to 150-FZ, KKR customers have the right to use technical passports, appraisal and other documentation necessary in the work. This measure eliminates additional costs and saves the local budget.
“Carrying out complex cadastral works by order of state authorities or local self-government can reduce the number of land disputes and protect the rights of property owners, ensure fair taxation. In this way, the effectiveness of managing various territories within the constituent entities of the federation also increases ”,concluded Marina Semenova.
Recall that Federal Law No. 150-ФЗ “On Amendments to the Federal Law“ On Cadastral Activities ”and the Federal Law“ On State Registration of Real Estate ”were signed by President of Russia Vladimir Putin on June 17, 2019. The law enters into force on September 16, 90 days after its official publication.
Source: Federal Cadastral Chamber