Any land plot entered into the state real estate register must be registered in the cadastral register and have its own unique cadastral number, which is assigned once and cannot be changed, even if it is sold or inherited.
But in rare cases, situations may arise that require changing this code, due to which the owner will need to perform many prompt and labor-intensive actions.
Why is it required?
The first, and quite important question that arises for many owners is - why, exactly, is this number needed? In Soviet times, there was no need to register in the cadastral register, because all the land belonged to the state.
Now, using this identification number, a person can confirm his own rights to land . So, why is a cadastral number needed, and in what cases is it necessarily useful?
- For sale or purchase of real estate.
- To formalize rights of gift or inheritance.
- To prove your rights in court when land disputes arise.
- For renting out real estate.
Thus, the cadastral number becomes the most important point in any real estate transactions. Without assigning the appropriate number, it is impossible to conduct transactions with land.
The received cadastral passport, after completing all the papers, contains extensive information about the site . For example, there is information about the owner, the area of land, its categories, the number itself, and the cadastral value. If a person does not agree with a certain cadastral price, it can be changed. To do this, you will have to contact the relevant accounting authorities again, but with different certificates and papers.
The received passport is the main document for the land. It both confirms ownership and identifies the property. In any dispute over a plot, it is this evidence that helps establish ownership. How to find out the cadastral number of a plot by address - read here.
Reasons for entering new data
The list of reasons includes the following:
- establishment of easement;
- construction of new structures;
- change of address;
- decreasing or increasing the size of the plot;
- completion of construction processes;
- change of purpose;
- change of land category;
- increase or decrease in cadastral price;
- other cases.
Have you acquired a plot of land, but still do not have a cadastral passport for it? Find out what documents are needed to obtain such paper!
Nuances and rules of assignment
Before contacting special authorities, a person must obtain the appropriate documents. The most important thing here is a document confirming ownership of the plot. Such a document may be an act on the transfer of real estate into private ownership or an extract from the household register. An agreement on the lease of land to a person may also be considered a suitable document.
When providing any of the listed documents , the cadastral chamber is required to consider the request to assign the appropriate number.
It is also important to provide all documents confirming the land surveying of previously registered areas. If land surveying has never been carried out, it is necessary to submit an application to carry out such work.
All provided copies of documents, including the boundary plan, as well as papers evidencing ownership, must be notarized. If disputes arise regarding the boundaries of the plots, it is necessary to provide papers on the resolution of such disputes.
According to Article 45 of the Cadastre Law , when submitting applications electronically, it must be certified in the order specified in the regulations.
As a result of all the procedures carried out, the cadastral authorities will have all the information about the site. What kind of information are we talking about?
- Location of the land.
- The position of the borders, the cadastral number itself and the category of land.
- The area, as well as cadastral numbers of all objects located on the territory.
- Numbers of adjacent plots.
- Additional information necessary to clarify the position of individual parts of the property.
The owner should be prepared in advance for the fact that he may be refused to assign a cadastral number. The reasons may be different, but most often this happens when there are inaccuracies in the documents.
For example, if the boundary plan is not certified by an authorized person or the application for assignment of a number contains false information. That is why, before submitting all documents, it is necessary to check them carefully. Find out what the cadastral number looks like by following the link.
Change
Can a change in the property tax code of real estate occur?
A house, plot, or apartment entered into a state register receives a specific code, which encrypts the region of location, the numerical value of the plot of land, and the address.
The main characteristics are also included in the database - area, number of storeys, etc. As long as one of these characteristics has not changed, the CN cannot be replaced.
The termination of the existence of real estate entails changes in the form of cancellation of the code and its removal from the State Property Committee database.
Why is a new real estate property code assigned? This happens because the property data has changed , and, in fact, the object is no longer the same, but another - a different area, for example, or as a result of division into several parts, the address has changed.
When comparing the characteristics of the property originally included in the State Property Code, inconsistencies appeared that did not allow the object to be unambiguously identified.
You can learn about the procedure for deregistering real estate from the cadastre in our article.
In what cases is a change in the CN required? The registry identification code needs to be changed if:
- the address has changed (due to orders from local authorities);
- there was a merger with others or, conversely, a division into two or more new objects;
- a piece of land has changed its configuration or area, that is, the boundary plan has been changed, etc.
It turns out that a new property was born, with characteristics different from the original one . But it is interesting that a change of owner or user does not entail the need for re-registration: the real estate itself remains the same.
You can learn about the differences between cadastral and conditional numbers of real estate, as well as how to determine the CN of a building or structure by conditional number or address on our website.
Place of receipt and terms of consideration of documents
According to Article 17 of the Cadastre Law, consideration of an application for assignment of the corresponding number occurs within 18 calendar days. During this time, the relevant authorities must determine the legality of the documents and their legal accuracy. The next day after the expiration of the specified period, a person can arrive to receive a cadastral passport.
Often a person needs to collect an extensive list of documents. What kind of papers are we talking about?
- A corresponding statement confirming the need to assign a number.
- Papers confirming ownership.
- Receipts for payment of duties.
- Land plan and documents on land surveying.
- Previous cadastral passports, if the procedure for changing the number is being carried out.
- Copies of passport, notarized.
- A certificate from the relevant garden council confirming ownership.
- Certificate of land location obtained from the garden council.
Some of these documents may be optional. For example, a certificate of land location may not be needed if the relevant information is specified in the land surveying act.
Where should I take all this and where can I get a number? And who installs it anyway? In accordance with Government No. 42 of February 4, 2010, the function of the cadastral registration body is performed by the Federal Service for State Registration of Cadastre and Cartography. You need to contact the authority at the location of the land. For example, if a person lives in Moscow, but has real estate in the Leningrad region, it is worth contacting the registration authorities at the location of the land to obtain a cadastral number. Remember, to obtain an urban planning plan for a land plot, you need to contact the executive committee at your place of residence.
Legislative regulations
When is a property title assigned to real estate?
This happens at the time information about the property is entered into a special register - the State Real Estate Cadastre (GKN).
In order for real estate to be included in the state database and acquire its own digital identification code , it must be registered with Rosreestr.
What laws govern it? Registration of a house, apartment, room, office, land plot is subject to Federal Law No. 221-FZ “On the State Real Estate Cadastre”.
This legislative document has a number of additions and changes , but it provides for everything - from the list of documents to the indication of the applicant’s waiting time at the window.
The algorithm for assigning numbers itself is provided for by the Decree of the Government of the Russian Federation of April 15, 1996 No. 475 “On approval of the Regulations on the structure and procedure of accounting...”.
You can learn about the basic principles and problems of maintaining state cadastral registration of real estate from our article.
Application for state cadastral registration of changes in real estate.
Assignment procedure and cost
There are two ways to assign a cadastral number - electronic and simple, paper. What is the procedure for assigning this number?
- You need to contact the relevant authorities with a complete package of documents, including copies of your passport, all documents confirming ownership of the plot.
- If land surveying has never been carried out, then before submitting an application you should contact a geodetic organization to draw up a site plan.
- Before submitting documents, you must pay the appropriate fee.
- After accepting the documents, the relevant authorities review them and compare them to make a decision within 18 calendar days.
- After the expiration of the period, the person is either issued a cadastral passport, or a decision is made to refuse to issue a cadastral number.
- In case of refusal, the person has the right to re-apply to the appropriate authorities or write a statement about the violation of his legal rights.
In addition to all the above documents confirming the ownership of the land and its position, a person must pay a land tax. Its size varies. Next we'll look at how much it costs.
For example, for legal entities the fee is 1000 rubles, and for individuals only 100 rubles . For an electronic version of a passport, an individual will have to pay 50 rubles, and a legal entity 300. If it is necessary to issue a paper cadastral passport, you need to pay 200 rubles for individuals and 600 rubles for a company.
To the list of documents, which includes a citizen’s passport, a land plan and a certificate of land surveying, receipts for payment of duties should also be attached.
By the way, if land surveying work has never been carried out, a person will have to pay for it. The cost of such a service depends on the requirements of the geodetic company.
Who is eligible?
Only the owner of the land plot is allowed to submit an application regarding changes in the cadastre.
This means that when submitting an application, you need to attach a certificate of state registration to it.
If the owner is a legal entity, then it will be represented by an organization or a manager with a power of attorney.
Attention! If the changes are minor, for example a change in the category of land or a new address of the site, then anyone can apply.
Government organizations also have the right to contact to obtain information about the cadastral price.
What to do if you receive a refusal?
Oddly enough, they can refuse in different ways. There is a partial refusal (when consideration of your application is suspended), and there is a complete refusal.
Reasons for refusal include the following:
- If the applicant is not the owner of the land and is applying on a matter that is not an exception.
An exception means minor changes, for example a change in land category or a new address of a site, because In such cases, anyone can apply. - If the boundaries of the site have not been properly specified.
- The site plan does not meet the requirements (most often, this is due to the lack of proper certification).
- If the area of the plot becomes smaller by more than 1/10.
- If the size of the plot was changed without the land surveying procedure.
- The technical plan does not meet the requirements (most often the problem is incorrect certification).
Note! If the refusal is categorical, then you cannot do anything. If it is partial, then provided that the shortcomings are corrected, the application will be approved.
Possible shortcomings:
- incorrectly completed application;
- incomplete information about the object;
- the boundaries of the site cross prohibited boundaries (for example, neighbors);
- the position of several completely different objects coincides.
Required documents
Let's consider an approximate list of documents , since in each case it changes depending on the changes that have occurred:
- Boundary plan.
- An application drawn up in accordance with the requirements.
- Passport.
- Confirmation that you are the owner of the land.
You will also need to provide supporting documents about the changes made:
- If the changes are related to buildings on the site, then a technical plan is provided.
- A document indicating a change in the intended purpose of the land or the transfer of land to another category.
- If the purpose of the structure changes, a resolution must be provided.
- Decision to change address.
- And others, depending on the case.
Be sure to provide both a copy and the original . This is a mandatory condition in order to avoid paper forgery.
