In the USSR, land rights of citizens, as such, did not exist due to the fact that all land was owned by the state. Therefore, in modern Russia it “swinged” for several decades. And now more and more owners of suburban real estate are asking the question: “How to properly prepare documents for land surveying and go through the procedure?”
The interest is explained by the fact that in less than a year, without land surveying, any operations with land plots will become impossible (including gratuitous ones, such as kinship donation/inheritance).
Simply put, mandatory land surveying in Russia is becoming a legal norm. Since the procedure, to put it mildly, is not the easiest and fastest, people try to carry it out in advance so that it does not subsequently slow down a possible deal. Moreover, as part of the “dacha amnesty” you can still do this for free.
If we describe the actions of the landowner in this direction briefly/simplified, we get something like this:
- Collect documents necessary for land surveying
- Find a qualified and conscientious cadastral engineer
- Conclude an agreement with him and make sure that its terms are met
- Get your hands on a cadastral plan
Later in the article we will create a more detailed step-by-step plan containing useful tips for each stage.
Why is this procedure needed and what does it mean?
Any real estate property is subject to inclusion in the Unified State Register of Real Estate. Real estate, excluding premises in apartment buildings, must be “connected to the locality.” This “binding” is the land surveying in 2021.
A specialist with the necessary qualifications secures the actual boundaries of the land plot. That is, using GPS, it determines the coordinates of turning points (corners) and, using a special program, forms a section of area, configuration, and location on a topographic map. Then the boundary plan is entered into the Rosreestr cadastre.
ATTENTION! In everyday life, people often confuse the demarcation of the boundaries of a land plot and the removal of its boundaries in nature. Meanwhile, these are different actions, directly opposite in purpose. Land surveying is the recording of an actually existing site and the drawing up of a topographic plan. Using the placement of points, you can check whether the actual plot corresponds to the cadastral plan. In this case, a plan is not drawn up; it is not needed. But this process makes it possible to resolve disputes between neighbors, for example, to check whether, by law, the fence between plots is where it is, or whether one of them has appropriated a piece of someone else’s land.
Only owned land can be demarcated (rented land cannot). The procedure should be carried out if transactions are carried out with the plot, as well as if they are divided or combined.
What is a boundary plan?
Before asking yourself what to do after land surveying, you should clarify what will be the result of this procedure. After all the measurements have been taken and the boundaries of the land have been determined, the cadastral worker who carried out the entire process will draw up and submit a boundary plan to the landowner.
This document includes 2 sections: text and graphic.
The text part of the boundary plan includes information:
- Initial parameters of the site.
- Information about the parts of the allotment.
- The essence of the boundary work performed.
- Details of the customer and contractor.
- A sheet in which the limits of the land plot are agreed upon with the owners of neighboring plots.
- Final summary of the engineer who carried out the measurements.
Graphic part of the boundary plan
The graphic part is made in the form of a diagram of the land plot, which reflects all the current boundaries.
You can receive the boundary plan in classic documentary form, as well as in electronic format. For further use, the electronic version is most often suitable, in which “Service Geo” provides a plan.
How is the procedure for land surveying regulated by law?
Until the beginning of 2021, Russian citizens can legalize their suburban plots in a simplified manner. This point is reflected in Federal Law No. 171 of 2014. In common parlance, this legislative act is called the “dacha amnesty.” Its effect was extended several times. It allows for free land surveying until the end of the current year.
According to Federal Law No. 218 of 2015, it is possible not to survey certain types of plots for sale, donation, or inheritance. This clause expires approximately at the same time as the “dacha amnesty”. Unless, of course, new legislative changes occur within a year, which is, in principle, possible.
However, it is more reasonable to consider that the period of validity of land surveying (or rather, the right to own land without carrying out this procedure) is coming to an end, and everything must be done on time.
The cadastral registration procedure itself is regulated by Federal Law No. 221. It will also be useful for the landowner to know and understand the main provisions of the Land Code of the Russian Federation.
The procedure for restoring a cadastral passport
· Contacting government services. There, specialists will make a request to Rosreestr to obtain an extract about the land plot and its owner.
· If there is no information in Rosreestr, then you will need to contact the local administration. Various committees consider appeals from citizens. You can often find information in the archives departments of these committees.
· Receiving an extract. This is a paid procedure; it usually costs around 300 rubles.
· Processing request. It is possible that the request will be processed within 5 days or a month. In any case, you will receive a notification at the end of the process.
It is worth noting that the certificate from the BTI is not legal. It can only be added to the package of basic documentation as confirmation.
Step-by-step procedure for marking the boundaries of a land plot
The landowner will need only four steps:
The first step is to collect and prepare all the documents necessary for land surveying.
The first owners of land, participants in its distribution, need:
- Resolutions of local authorities on the basis of which land is allocated
- Map of the site on the general cadastral plan of the territory
If the allotment has already been registered in your name, you only need an extract from the Unified State Register of Real Estate. The delivery time for a regular order is 3 days. By contacting the Rosreestr API website directly, a document can be issued in electronic form in an hour. The price of receipt and validity will be similar.
In other words, if you have to survey a plot of land, what documents will be required depends on whether you actually own it or not.
The second step is to find a cadastral engineer
The most reliable selection criterion, as at all times, is the personal recommendation of people you know. Or go to the Rosrestr website, there is a special service there.
Engineers who have confirmed the appropriate qualifications are united in SRO, information about each is available. Read the reviews and pay attention to how many and whether all surveys carried out by the specialist were successfully registered with the state.
Then draw up and sign the contract. Independent experts set the cost of land surveying themselves. Practical statistics by region indicate that the price for land surveying can vary by two to three times.
In the Moscow region the range is from 10 to 30 thousand rubles.
In the Leningrad region - from seven to fifteen.
In most other regions it starts from five. Be sure to keep receipts/receipts indicating that the service has been paid for.
The third step is to sign the work completion certificate and receive the documents in hand.
In principle, the procedure for land surveying does not require your personal presence. You can simply order the service, and then receive from a specialist a “land survey file”, consisting of a cadastral, boundary, and technical plan (if there is a house on the site). Nowadays, documents are issued on a CD. But if you need a “paper” version (for example, for court proceedings), they can also prepare it.
Upon receipt of the documents, an act of acceptance of work is signed. As usual - in two copies. Sign it only after checking the documents. And keep “your” copy just in case.
The fourth step is to make sure that the result of the survey is in Rosreestr
Typically, the customer receives documents in hand from the cadastral engineer within two weeks after signing the contract. From this day, another 5-7 days may pass before the information is published on the Rosreestr map. After they pass, go to the map website. If you find your plot there, the job can be considered done.
Intersection with forested areas
Now this problem can be solved without damage. Previously, citizens whose property boundaries intersected with forest ones were forced to demolish fences and buildings at their own expense, as well as pay an administrative fine. When applying to the forest fund, it was impossible to demarcate such a plot and then register it as property, since the forestry sector had already clarified the boundaries of its possessions. Moreover, forest surveying was carried out without detailed contour photography; the boundaries were determined approximately by coordinates. Hence, full and partial overlaps with forest fund lands.
Now, under the forest amnesty, until 2023, such a plot can be registered in the standard manner. A plot can be cut down if its size is no more than 6 acres. There are cases of intersection of land plots with protected areas: water protection, airfield areas, zones of objects of cultural significance, as well as zones of linear objects and others. It is not intended to seize such areas, but the construction of capital construction projects is limited or completely prohibited.
The procedure for approving the boundaries of a land plot - surveying or removing points
If your plot is not located in an “open field”, you will need to agree on land surveying with your neighbors. They (plus the Chairman of the Board, if you have a plot in a garden/dacha association) will have to confirm in writing that they agree with the boundaries of the plot. You must notify the neighbors/chairman yourself.
Therefore, although we wrote that the presence of the owner of the property during the procedure is not required, it may be better for you to come to the place. After all, the neighbors/chairman must be there to sign the appropriate signatures. To avoid misunderstandings, it is better to check everything yourself.
“Territorial disputes” with neighbors must be resolved in advance. If this is not possible, record the fact of refusal in writing, look for all old documents indicating your right to the disputed “pieces,” hire an experienced lawyer and go to court. This is a long and expensive business.
Therefore, if we are talking about a couple of really controversial square meters, sometimes it is preferable to give in in order to save yourself from unnecessary hassle and costs. If the neighbor has “completely lost his conscience” - sue.
Judicial practice is optimistic - most of the justified claims of the plaintiffs are satisfied.
Is it possible not to pay for the procedure?
In the step-by-step instructions, we have already touched on the question of how much land surveying costs. Is it possible to do this for free?
It is possible, but only at a time when the municipality is carrying out comprehensive cadastral work. Information about them should be found on the official websites of local authorities.
If such work is underway or planned, an application must be submitted. Its form is free, you just need to indicate your full name, passport details, location, cadastral number of the plot. The right to use cadastral work free of charge gives:
- "Dacha amnesty"
- Registration of a plot before 1998 (if it is not included in the Unified State Register of Real Estate)
- Recorded cadastral errors made earlier
- Lack of registration with Rosreestr of the allotment, data about which this organization has
Where to contact?
If you lose your cadastral passport for a land plot, you need to contact Rosreestr, the MFC or the court. They go to court only if the appeal to the first two authorities does not produce results. Employees of a government organization must provide at least one of the following documents:
· Agreement on the purchase, sale, exchange, privatization, donation of land.
· A certificate that confirms the legal right of ownership of the land plot.
· Court order.
It is worth noting that no one will ask about the reasons for the loss of the cadastral passport. This is absolutely unimportant for the progress of the process.
Is it possible to challenge the land survey of your own or a neighboring plot?
Of course you can, if there is a legal basis. You just have to follow a certain sequence of actions:
- First of all, file a complaint with your local administration.
- If the administration is inactive, get a written refusal from the officials to satisfy your material rights and contact the Prosecutor’s Office
- If the Prosecutor’s Office also receives a refusal to file a complaint, file a statement of claim with the court.
Trial proceedings require careful preparation. We recommend using the assistance of experienced land law lawyers.
Initial free consultations are available on the prav.io website. possible at any time of the day.
A lawyer found on the site can also help in preparing the necessary documents (including the claim itself). And if he lives in the same city with you, he can undertake representation in court and full protection of your rights.
Legislative regulation
Restoration of the boundaries of the land plot is carried out in accordance with the general rules and requirements established for cadastral and geodetic work.
In particular, general legislative regulation is carried out by the Land
Code of the Russian Federation and Federal Law “On Cadastral Activities”.
In addition, the provisions of all other regulations that affect this procedure are taken into account.
These may be government regulations, orders of individual ministries, federal and regional laws, state standards and regulations, etc.
The main responsibility for compliance lies with the contractor, who must be familiar with all legal requirements.
If a claim is drawn up and filed in court, the provisions of the Civil Procedure Code will apply. In particular, they will concern the rules and requirements for drawing up a claim, the features of its filing and the entry into force of a court decision.
