Land surveying - how it is done in 2021

Would you like to consult a lawyer for free? Write to the chat on the bottom right or call the hotline, calls within the Russian Federation are free. We accept questions any day of the week.

Land surveying refers to the definition and establishment of land boundaries, as well as their legal consolidation on the basis of certain documents. The procedure is clearly regulated by the legislative acts of the Russian Federation. The process of determining the boundaries of a land plot takes place in several stages. Each stage takes a certain time, and for some, an exact deadline is set at the legislative level. So, let's take a closer look at how much land surveying is being done in 2021.

How is land surveying carried out?

Surveying cannot be carried out without the involvement of specialists, since this procedure requires a license to conduct geodetic and cartographic activities. Therefore, you won’t be able to demarcate the area yourself.

And in order to correctly carry out this procedure and not get confused in its process, we, together with the cadastral engineer, Irina Gaisina, have prepared step-by-step instructions.

What to do after surveying and receiving the disk

Subsequent actions will depend on why you ordered the service.

The original boundary plan may be required for:

disposal of land plots, transactions for its sale.
use in judicial proceedings in disputes over the boundaries of neighboring lands.

To answer the question “after land surveying, what to do next?”, let’s consider situations in which a land survey plan is most often used.

Clarification of information about the storage unit registered earlier. Let us remind you that until January 2021, the land surveying process was not required to be completed in a generally obligatory manner, but now each owner of the plot must submit information about the exact boundaries, location and area of land to Rosreestr. Thus, in this case, the plan with updated boundaries is sent to Rosreestr. To do this is the task of the engineer who carried out the boundary work.
Clarification of memory limits in order to eliminate existing errors. Current land data is also sent to the Rosreestr department.
Registration, sale. In such circumstances, the original plan, together with the title documents for the land plot, is submitted to the MFC for further registration actions.
Combining several storage units. Under such circumstances, the previous plots are deregistered in order to enter data on the formed plot into the Unified State Register of Real Estate. All documentation must be submitted to the MFC.
Division (delimitation) of one memory into smaller ones. The engineer's job is to clarify the boundaries of the original plot, as well as to determine the boundaries of new plots. All documentation, along with the boundary plan, is sent to the Rosreestr office, where the original land plot is deregistered and the newly formed lands are registered.

If the boundary plan was needed as evidence when participating in litigation, a copy of this document is attached to the case along with documentary explanations.

When should it be done?

Land surveying is carried out when it is necessary to clarify the boundaries of the plot. This may be needed in several cases:

Formation of a new site. Transfer of land for use from the state reserve.
The existing site does not have established exact boundaries.
There is a division, merger or change in the boundaries of existing areas.

Important! Land surveying is only possible for owned land. Leased land cannot be demarcated.

Purpose

By and large, it cannot be said that if you do not use the services of a cadastral engineer, who will establish a clear boundary on the territory, you will violate any law. But, although legally you will be “clean” before the state, over time you will be able to understand that without having a document on the survey of your territory, you will not be able to perform a number of operations and solve a range of problems :

While working on the territory given to you, it increased or decreased in size (occurs during operation, but very rarely). This affects the amount of tax you need to pay to the state budget each year. In other words, if land surveying is not carried out, you will pay according to the principle “I will pay as much as I was told,” without having the opportunity to appeal anything;
Also, difficulties will arise during the division of property (often occurs during legal proceedings as part of a divorce). Thus, it will be impossible to sue part of a plot if it has not gone through the procedure for establishing boundaries;
Today, a fairly common problem is frequent disputes with neighbors who believe that you have “got over the line” and are using their part of the land. In order to prove the opposite and avoid such conflicts, you need to have a document that indicates “in black and white” where your territory begins and where it ends (this is very convenient, since this document has two types: graphic and written);
When selling a dacha plot, problems will also arise, especially considering that a law will soon be adopted that does not allow the donation and sale of real estate (private houses, dachas) if the site has not been delineated by a cadastral engineer on their territory.

Some features

Today, the determination of the boundaries of summer cottages occurs in a civilized manner, but there are exceptions:

If your neighbors have already carried out land surveying, but you have not, but want to do it, you should know that it will be difficult to “take away” a tasty piece of land from them, because, unlike you, they have a land survey plan and everything is, as it were, according to the law. The only thing that can help you is to provide a house book, which indicates the actual number of acres (hectares) of land that were assigned to the house;
It is possible to carry out the procedure without the consent of your neighbors; it is not that difficult. Having a document from Rosreestr with permission for a cadastral engineer to carry out measurements, you can call the police, show the permission and, if necessary, they will make sure that until the end of the process the neighbors do not interfere with the professional activities of the cadastral specialist.

The procedure for establishing the boundaries of summer cottages is described in the following video:

Consequences of non-compliance: how long does the boundary plan last?

The exact validity period of the boundary plan is not specified in legislative acts. Based on this, we can conclude that it is valid indefinitely. However, in some cases it may turn out to be invalid, and therefore it will be necessary to draw up a new one. The reason for this may be:

Changing the boundaries of the site.
Detection of errors in previous surveying.
Changing geodetic points.
Clarification of demarcation lines.

FOR REFERENCE! Thus, it is necessary to monitor changes made to regulations that may entail the need for repeated land surveying.

According to the changes that came into force in 2021, from January 1, 2018, it is impossible to complete a transaction in relation to plots without completing land surveys.

What documents are needed

To begin with, it would be logical to talk about where to submit documents that will serve as a “start” for starting the procedure for determining clear boundaries of the territory of your country house.

So, having decided that it is necessary to give your property over the site even more legal force, you must submit a corresponding application to Rosreestr (the nearest territorial office) , attaching the following documents :

An extract from the cadastral register stating that your property actually has a summer cottage plot, which is the subject of land surveying;
A document confirming that you are the full and sole owner of the property (house register, extract and Unified Real Estate Register);
A document that will contain a list of coordinates of geodetic signs, if any were previously placed on the lands that now belong to you;
A list of names of citizens of the Russian Federation (do not include yourself) who are interested in receiving a certificate of land surveying (according to the standard, they often include persons who are close relatives (husband/wife, son/daughter, father/mother).

It is worth noting here that the more extensive and reliable information is provided, the less time Rosreestr employees will need to check the data and send the appropriate specialist to your home to start working on your summer cottage.

Unfortunately, it's not over yet. After the cadastral engineer arrives, you will also need to conclude an agreement , to which you will have to attach:

Application in free form for the provision of services;
Work assignment (standard form, filled out based on the data you previously provided. You must check the accuracy of the information and sign);
A copy of your passport as a citizen of the Russian Federation;
Again, it is necessary to attach an extract from the Unified Real Estate Register;
A certificate stating whether there are permanent buildings on the territory of the country house (as a compromise, instead of this certificate you can provide a copy of the book home).

Now, an agreement can be concluded directly with the “worker”, and the work itself can begin.

Status of cadastral engineer

The choice of a specialist to carry out land surveying should be taken carefully, otherwise there is a risk of complications with government agencies, the need to rework the land survey plan, or even its deviation altogether - all this is fraught with loss of time and money.

At the same time, the best engineers ask a lot for their services. To choose the best and not too expensive option, in addition to recommendations from friends, or monitoring reviews of a specialist’s work online, it is advisable to use data from Rosreestr. On its official website, namely on the page rosreestr.ru/wps/portal/ais_rki, you can simply enter the name of the specialist you are interested in and get acquainted with the results of his work.

You will see how many years he has been working, how many areas have been demarcated with his help during this time, and what is the efficiency of his work. This can be determined by the ratio of applications immediately approved by the Cadastral Chamber to those that were sent to correct errors, and even more so rejected.

This makes it very easy to clearly see how high the chance is that your site will be registered without delay when contacting this specialist. And by comparing the efficiency and demands of several, it will be possible to choose the one with the optimal ratio of these parameters.

Advantages of land surveying

Carrying out this procedure gives the owner of the site several advantages:

Complete independence. The owner of the land can feel like a true owner; he will be able to dispose of the plot at his own discretion without the permission of the co-owners.
Security. No one will be able to encroach on the demarcated plot of land.
The territory is completely protected from foreign claims.
Legitimization of the assigned territory. By law, the owner of a plot can increase his territory by 10% at the expense of no-man's land. This will not be considered an unauthorized seizure, but merely a clarification of the boundaries and adjustment of the area of the site. True, as the size of the plot increases, the costs of maintaining it will also increase - but that’s another story.
It can be useful to carry out land surveying to ensure your own safety, for example, if mass construction and alienation of land begins in a populated area.
Without documents in hand, a citizen will not be the owner of the land, even if he has lived on it for many years. Donation and inheritance of land will not be an argument either.

If boundaries are not established, such a tenant is considered an unauthorized invader of the territory, and neighbors or the municipality can easily take them away.

Thus, during the period of the “dacha amnesty,” many pensioners became victims of the tyranny of their own neighbors, who en masse transferred huge tracts of land into their names. Then they either lost their homes or suddenly became tenants on their own property.

Carrying out land surveying guarantees the integrity of the land and insures against all unforeseen situations.

Interim documents in case of refusal or suspension

After the cadastral engineer studies the boundaries of the land plot, he will draw up a boundary plan. This plan is transferred to Rosreestr employees. After all documents have been reviewed, the USRN will make a positive decision or suspend registration.

If government agencies make a negative decision, they must provide the reason for the refusal. A refusal is issued only if, after the suspension, the applicant again submits incorrect documents.

In order to re-organize the land surveying procedure, the owner of the land plot must again contact the cadastral engineer. The cadastral engineer bears full responsibility for how he drew up the boundary plan of the property. In case of discrepancy, he must correct all his mistakes and provide the correct documents to Rosreestr.

If you do not want to face suspension or refusal, you must choose the right specialist. A cadastral engineer must have a certificate, work permit and license. The specialist must be a member of the SRO. When choosing an engineer, you should pay attention to his work experience, as well as reviews about him. You can study information about a cadastral engineer on the Rosreestr website, where a complete list of specialists is provided.

On our company’s website you can find all the necessary information about our cadastral engineers and view their portfolio. If you have any questions, you can get a free consultation by calling 8 (800) 300-60-51 or on the website.

Additional documents for land surveying

There is a certain list of documents that will be needed in order to successfully carry out land surveying. Documents may vary, everything will depend on what features the site has. In practice, additional documents may be required. For example, the act of agreeing on boundaries with the owners of those areas that are adjacent. Neighbors must receive a week's notice before procedures are carried out. An act of consent of all neighbors is drawn up, in which they must sign.

If at least one of the neighbors does not agree with the work that will be carried out, this is also reflected in the approval act. The act must be attached to the boundary plan of the property, and also sent to Rosreestr in order for it to be considered and a decision made.

If the application is submitted not by the owner of the plot himself, but by an authorized person, then it is drawn up by a notary. The power of attorney must contain information about the owner himself and his representative. The powers of the representative, the date of drawing up the form, the address of the land plot and the signature of the principal are also indicated.

If we turn to the Civil Code of the Russian Federation, namely to Article 186, we will find out that the power of attorney will be valid for exactly one year after drawing up. The situation changes if the power of attorney indicates its validity period. To decide whether to indicate the validity period on your power of attorney, you should consult with a specialist and find out about the approximate time frame during which this document will be needed.

Laws and regulations

We can find out information about this procedure from the following regulations:

Law No. 218
Federal Law of the Russian Federation No. 221
Federal Law of the Russian Federation No. 93
Land Code
Federal Law of the Russian Federation No. 78

In these regulations we will find all the rules related to land surveying, documents, as well as the contents of the contractor’s report. In addition, the documents contain the requirements for preparing the plan. The boundary plan is drawn up after all the necessary measurements have been received. The boundary plan itself is needed in order to register the site, as well as formalize ownership of it.

If you contact our company, our professionals will collect all the necessary information for you and carry out land surveying work within a strictly defined time frame, in compliance with the law.

What papers are issued and what do they look like in the photo?

The plan consists of two parts: text and graphic. The text, or information, part contains the necessary data about the site . It includes:

title page;
table of contents (description of sections);
initial data about the site (location, boundaries, etc.);
description of all measurements and calculations performed;
information about the formed area;
information about the routes to the site and those adjacent to it;
conclusion of a cadastral engineer.

The conclusion is a justification and explanation of all calculations and measurements, as well as the results obtained based on them. Formally, a conclusion is required in two cases:

If the boundaries were clarified.
When identifying a discrepancy between boundaries according to documents and on the ground.

But in reality, Rosreestr employees may refuse to register changes if this part is missing. Therefore, it is better to prepare a conclusion.

Depending on the specific situation, other parts may be included in the plan. For example, an act on the coordination of boundaries with neighbors. The act is drawn up in the following cases:

If the boundaries of an existing site are being clarified.
Or if a new one is allocated (from state or municipal lands).

The graphic part contains drawings and diagrams:

the area being formed;
pre-existing (if any);
borders and access roads.

Help: All of them are made using unified symbols and signatures.

The boundary plan is drawn up in electronic or paper form. The paper must be on A4 paper, each sheet is certified by the signature and seal of the engineer who compiled it. An electronic document is certified by an electronic signature.

Also in the photo you can see what the title page of the boundary plan looks like:

Are you planning to carry out land surveying procedures? Do you want to know how much it will cost to prepare and receive documents? Another article on our site will talk about this! Also find out if you have grounds for free land surveying!

What deadline is specified in the law?

At the legislative level, there are no deadlines for carrying out boundary work. The time spent on the procedure depends on the conditions specified in the contract, which is concluded between the customer and the cadastral engineer.

The deadlines for registration in Rosreestr and the cadastral registration process are regulated by Article 16 of Federal Law No. 218 and are:

cadastral registration of real estate – 5 days;
state registration – 10 days;
up to 12 working days when contacting the Multifunctional Center.

The time count begins from the moment the package of documents is submitted to the authorized body or MFC.