Statistics show that only 60% of land plots are registered with a clear definition of boundaries, with a cadastral passport. More than 1.5 million memory plans contain errors in information about the coordinates of points and boundaries. Common mistakes include: intersection, overlaps, displacement of boundaries. There are frequent cases of unauthorized seizure of acres not specified in the land plan. Cadastral errors happen. In order to create a reliable Rosreestr system electronic database with cadastral maps, the sale of a land plot without land surveying is prohibited from 2021.
Changes for 2021
In 2021, the State Duma of the Russian Federation introduced changes to a number of legislative acts regulating the legal procedure for registering land plots.
These include:
- Federal Law of the Russian Federation (Article Number Eight) on amendments to the Land Code.
- Land Code of the Russian Federation (Article 11.4; 11.3).
- Included in the bill on “dacha amnesty” (deadline extended until March 1, 2022). But from January 1, 2019, when registering transactions with land plots, it is necessary to issue a cadastral passport. Consequently, it is possible to sell a garden plot only after the land surveying procedure has been completed.
Changes to the Federal Law and Labor Code of the Pension Fund come into force on June 1, 2021.
It will be possible to carry out registration, purchase and sale, or other legal transactions only if you have the cadastral number of the land plot entered in Rosreestr. To obtain it, you must draw up a boundary plan of the site, that is, establish its boundaries and coordinates.
From the video you will learn about the prohibition of transactions without land surveying:
Is it possible to sell land without land surveying?
The article of the Federal Law of the Russian Federation (No. 218 for 2015) describes cases when transactions on a land plot can be suspended. It does not contain any indication of mandatory land surveying. This fact allows lawyers to conduct transactions with land plots in the presence of a certificate of ownership (under acts of donation, inheritance).
Did you know? In the previous version of the Federal Law of the Russian Federation (dated July 21, 1997, Article 19) there was a rule that land surveying is necessary to register a land plot. A clear indication of the boundaries was required. Otherwise, the deal was suspended.
Important! In the Federal Law of the Russian Federation (No. 218 for 2015), in points where we are talking about the sale of land plots, a mandatory condition is the presence of a cadastral number. This means that it is impossible to sell a plot of land without land surveying.
There are alternative options (without a boundary plan):
- Registration of a cadastral passport by the buyer after completion of the transaction by mutual agreement.
- Concluding a preliminary purchase and sale agreement with the payment of a deposit, after which land surveying work is carried out.
The fairly high cost of the procedure, certain difficulties, for example, coordination with neighbors, sometimes become an excuse for delaying the process of obtaining a cadastral passport.
Is land surveying necessary when selling a plot of land?
In the regulations governing transactions with land plots, there is no requirement that only demarcated land can be sold. But in order for such a plot to be sold, it is necessary to have information about it in Rosreestr. In addition, the land plot must be registered in the cadastral register. If these requirements are not met, then land surveying will have to be carried out.
When a plot is registered in the Unified State Register of Real Estate, but has not undergone land surveying, it is defined in the Register as “not having precise boundaries.” Land legislation allows such an allotment status. If the owner has ownership rights to this land, then it will be possible to sell it without any problems.
Federal Law “On Real Estate Registration” No. 218-FZ introduces the concept of a boundary plan and the information that must be indicated in it. It is also indicated that the boundary plan consists of tables containing information about the site, as well as diagrams and drawings. The MP must also contain information about calculations and work on measuring the site.
For more information on what land surveying looks like on paper, see our site.
If the purpose of land surveying is to clarify the boundaries of the site, then it will additionally be necessary to notify interested parties about the upcoming procedure. If any neighbors object to the boundary changes, written documentation of this will be required.
What does the registry say?
The seller must inform the other party about the absence of a cadastral passport for the plot he owns.
Possible scheme for selling a land plot without a cadastral passport through the MFC:
- conclusion of a purchase and sale agreement, donation;
- registering it at the MFC (multifunctional center);
- payment of state duty;
- preparation and provision of a package of title documents;
- application for re-registration of land plot.
Note! Practice shows that the estimated cost of a land plot with or without a building is lower in the absence of a cadastral passport. They are more willing to purchase property with a full package of documents and registration in Rosreestr. Depending on the region, difficulties may arise in completing the transaction.
Important! Agreements and legal acts are drawn up through notary offices. Registered in the MFC, branches of Rosreestr.
To register with a notary, you need a package of documents:
- passports and TIN of the buyer, seller;
- consent of the spouses of both parties, documents confirming the marriage or its dissolution;
- if the transaction is carried out by a representative, then a notarized power of attorney is required;
- a document from the seller establishing ownership rights;
- a certificate certifying the absence of encumbrances on the property;
- a document that confirms whether the house or buildings are owned;
- provide an expert estimate of the cost of the plot.
The best option for transferring property in the absence of a cadastral passport is a gratuitous donation agreement.
Exceptional cases
Transactions are also carried out in the absence of a cadastral passport for land plots, when only old-style state acts (until 1993) exist for plots, without indicating the boundaries of the plot. In this case, a cadastral passport is issued at the State GeoCadastre.
If the land is jointly owned, then each of the subjects owns a part. Selection and demarcation of individual shares is not required. It is registered and assigned a cadastral number to the object as a whole. For example, a land plot with a garden is in common ownership.
The procedure for transactions with land plots (with or without a building) is simplified if property rights are entered into the database of the Unified State Register of Real Estate. The fact of registration indicates that the object was registered in the cadastral register.
Then to notarize the contract you will need:
- purchase and sale agreement drawn up by a notary;
- certificate of payment of state duty;
- The seller and buyer must be present at the transaction with identification documents.
Note! Until the end of 2021, there was no need to carry out mandatory land surveying for land plots of SNT (garden non-profit partnerships) allocated for homestead farming, or transferred for perpetual use by state and municipal bodies.
Reasons for not having established boundaries
There are several reasons why land surveying was not carried out on the site. This procedure involves establishing boundaries on the plan and on the ground, creating a boundary file, which will include a description of the land plot and its drawing. After which all survey results are included in the state cadastre database .
The demarcated plot will be registered in the cadastral register and can be found on the public cadastral map. If you look closely, you can see that there are areas on it that do not have coordinates. This means that the owner of the plot did not carry out land surveying, although the plot has a cadastral number and an owner.
Land surveying was not carried out for the following categories of citizens:
- Summer residents . There are still dacha plots whose owners prefer not to carry out this procedure. Most often this is explained by high prices for ]cadastral engineers[/anchor]. Sometimes problems arise due to unauthorized “cuts”, when part of the land in use is not documented in any way. But, in general, the dacha amnesty allows you to register a dacha plot using a simplified system.
- Persons whose rights to plots arose on the basis of perpetual use . The peculiarities of such ownership are the absence of the right of transfer by inheritance, donation and sale of land. Such a site can be registered using a simplified system, but land surveying will allow more precise boundaries to be drawn.
- Citizens who bought a plot without land surveying. Most likely, the previous owners registered the allotment in the same way, taking advantage of the law on dacha amnesty.
The following reasons are also possible:
- The site has been allocated by the local administration for some program (for example, assistance to large families). Here land surveying is a matter of time. Typically, new owners try to obtain all documents for registering property rights as soon as possible.
- The site may not be on the cadastral map due to the fact that the documents were not submitted to the state cadastre . The land surveying procedure was carried out in full.
In these cases, it is enough to contact Rosreestr with documentation or carry out the survey again.
There are plots whose market value practically does not exceed the costs of land surveying and registration of the plot. In this case, the owners prefer not to register the land.
Risks associated with purchasing a plot without land surveying
Selling a plot without land surveying is formally possible. But such a transaction carries certain risks that can provoke legal disputes.
Possible risks include:
- Due to the undefined boundaries of allotment territories, disputes often arise regarding the location of boundaries.
- The process of transferring ownership under contracts of gift, inheritance, and purchase and sale is becoming more complicated. The legal acts of government bodies set out the requirements for issuing a cadastral passport of a land plot and entering it into the Rosreestr.
- The absence of a boundary plan creates legal difficulties when registering a share of property upon entry into rights under a will or a gift agreement.
- By purchasing a plot without land surveying, the buyer assumes the responsibility for drawing up a cadastral passport. Consequently, if disputes arise or errors in land surveying are identified, the buyer takes upon himself the hassle of reconciling all identified deficiencies. Resolves controversial issues independently.
- Once the boundaries are determined, the area of the plot may change.
Land surveying simplifies the process of legal registration of land transactions. Protects against possible risks.
Risks when purchasing land without land surveying in 2021
You can sell land without land surveying at a lower price. But this may result in significant costs for the buyer in the future. The fact is that there are certain requirements for the placement of buildings. The legality of placing, for example, a bathhouse can only be determined through land surveying. If this is not done, then problems may arise with the cadastral registration of newly erected buildings.
If a citizen buys a plot without land surveying, this means that errors discovered later will be agreed upon and corrected independently. In addition, the buyer will have to issue a cadastral passport himself.
Without a boundary plan, it is impossible to know whether the boundaries of the forest fund, municipal property or protected area have been violated. And in such cases, not only legal proceedings and fines are possible, but even seizure of the site.
If you build a building on an undemarcated plot, it may turn out that part of it is located on someone else’s territory. Then you will have to either demolish the building or buy part of the land from a neighbor.
Costs for land surveying
There are no fixed tariffs for carrying out the land surveying procedure.
The price is influenced by the following factors:
- region, place where the storage facility is located, landscape, area;
- degree of complexity of geodetic work, transportation costs;
- availability of initial legal documents (plan, land management);
- is there a need for land surveying;
- the need to coordinate controversial issues with neighbors;
- the entity that will carry out the registration procedure in Rosreestr (the owner or specialists of cadastral centers).
Expert opinion
Klimov Yaroslav
More than 12 years in real estate, higher legal education (Russian Academy of Justice)
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In gardening partnerships, it is advisable to carry out land surveying of all plots at once. This decision is made at the general meeting. The cost of land surveying for each shareholder is reduced. The issue is being resolved comprehensively. Shifting the border on one plot of land automatically leads to a distortion of the border line on other plots of land.
Land surveying issues are dealt with by licensed expert firms with the appropriate staff of specialists (cadastral engineers, surveyors).
On average, the cost of registering a dacha plot varies from 5 to 8 – 10 thousand rubles. Plot for individual housing construction - 10 - 20 thousand rubles. The cost is higher for plots of more than 10 hectares allocated for commercial real estate.
Tips for buying without land surveying
When buying a plot without land surveying, you need to understand that the boundaries that are indicated according to the owner’s words may differ significantly from the actual ones. Of course, in this case the owner will request a smaller amount. In addition, it is possible that in the future the site will have to be surveyed legally.
If land surveying has not been carried out, and the buyer insists on this, then you can agree with him on a deposit, after receiving which the procedure will be carried out.
It often happens that neighbors object to land surveying. In this case, you can give in a little rather than start litigation. And in any case, you need to demand a written refusal. If a trial cannot be avoided, then it is better to raise the history of the site in advance, namely, find documents to whom, when and within what boundaries this site was transferred.
Land surveying errors and change of ownership
The land surveying process determines the boundaries, land area, points, and reference coordinates. Install special marks on the borders.
Note! If the property rights were registered before 1993, there is no exact plan, the boundaries of the site will be those boundaries that have been recorded over the past 15 years. Reference coordinates are existing fixed objects.
Main mistakes when determining coordinates and boundaries:
- State cadastre data does not correspond to actual areas;
- sometimes, if the boundaries are incorrectly fixed, during land surveying, they are shifted onto existing buildings;
- displacement of the boundary to the neighboring plot.
To identify and record errors, a conclusion issued by a cadastral engineer is required. Issues are resolved individually: by agreement of the parties, in court.
