How to make changes to the real estate cadastre and why?

We have often been asked how to make changes to cadastral data about a property? Or how to make changes to the cadastral passport of an object? Which is basically the same thing - when the information in the cadastre changes, it also changes in the extract from the Unified State Register of Real Estate. These questions are quite simple for a specialist, but we did not find a clear and understandable answer to them on the Internet. Which prompted us to write this article. On commercial sites, the most favorite phrase is “call us and we will explain everything.”

However, for us, a good Customer is a competent Customer. It is possible that after reading the article you will find the answers. If not, you can formulate a more specific question.

What is the subject of change?

First of all, it is necessary to understand which objects are included in the state real estate cadastre.

Land plots and their parts.
Buildings, structures, premises - OKS (capital construction projects).

In the first case, changes are made by preparing a boundary plan of the land plot. Secondly, from a technical point of view. Both documents are prepared by a cadastral engineer. However, not all types of changes are made with the participation of an engineer.

Deadlines

The deadline for making changes to the cadastral plan is established by law. It coincides with the period allotted for replacing the cadastral passport.

However, the five-day period is the maximum and in case of light workload of the cadastral chamber it can be reduced. Please remember that this period does not include weekends or calendar holidays.

Sometimes there are cases when the cadastral chamber delays the issuance of a cadastral passport with amendments.

In this case, you have the right to go to court due to failure to comply with the requirement on time.

What changes are being made to the real estate cadastre and cadastral passport?

Of course, cadastral data is many-sided and varied. There is numerical, graphic and text information. Accordingly, it is entered and changed in different ways, depending on the species.

Changes made to land plots:

clarification of the boundaries of the land plot. If the boundaries are not established in accordance with land legislation (there was no land surveying, but there is a cadastral passport) or the boundaries have undergone changes after the cadastral registration. In addition to the boundaries, the area of the land plot is also specified.
correction of cadastral error. If the boundaries or area of the land plot are entered incorrectly into the cadastre. That is, land surveying has already been carried out, but the data is erroneous.
technical error correction. Most often, the human factor is the employees of the Cadastral Chamber.
change of address of the land plot. Based on decisions and regulations of the municipality or government agency.

changing the category of land and permitted use. Also basic are the documents of authorized bodies.
change in cadastral value. Most often, by court decision after an independent assessment initiated by the owner. Naturally, the cost comes out lower. But the state is not asleep, and every year it independently revaluates real estate upward. Such are the assessment battles.
removal from cadastral registration. The accounting object ceases to exist.

Don't be confused

making changes to an existing land plot with merger, division or redistribution.
In this case, no changes are made to the original land plots, but they are deregistered. Changes made to real estate (buildings, structures, premises):

any unique characteristics of the object (address, coordinates, area, etc.). Entered through the technical plan.
purpose of the building (apartment, residential, non-residential), premises (residential, non-residential), structures
type of living space (apartment, room)
number of floors (building or structure)
external wall material
main characteristics of the object (height, length, etc.)
name of the building, structure (if such name exists)

Need to pay attention

that when changing the owner and registering the right to a property or land plot, there is no need to submit an additional application to the cadastral chamber. Everything can be done in one go. After some time, after submitting the application, you can receive a fresh extract from the Unified State Register - the owner must update.

How is it allowed to change the cadastral plan of a land plot?

land owner;
a person who has the right of ownership in accordance with the order of inheritance;
a citizen who legally uses the allotment indefinitely;
a person in whose favor encumbrances and restrictions on the allotment are established;
authorized representatives of the above citizens who have notarized confirmation of these rights to conduct the procedure.

general characteristics of the object (area, address, type of land);
name of the body that carried out the registration of the territory;
unique identification number;
data on the existence of ownership rights to the plot;
location of the site;
information about neighboring objects bordering the owner’s land;
purpose of state registration.

What documents are needed to make changes?

It should be noted here that there are documents that are always necessary, and there are those that are needed for each specific case.

You always need: a passport, title documents for the object, a power of attorney (if required).
Documents from the cadastral engineer: when clarifying the boundary, correcting a cadastral error, a boundary plan. When the unique characteristics of a property change, a technical plan.
Documents from authorized bodies: when changing the address, category of land, etc. instructions for the entry into force of the changes must be submitted. For OKSs, if this does not concern redevelopment (for example, changing the address, name, type of residential premises), orders are again needed.

Methods for submitting documents

Where should citizens turn if they have a problem with their cadastral passport?

Documents are submitted in one of the following ways:

Contact the office of the Cadastral Chamber. It is better to make an appointment in advance. This can be done on the official website of Rosreestr. In the column “offices and receptions”, as well as by the contact number of this body.
Write an application on the Rosreestr website. You need to enter the section called “Electronic Services”. The citizen must sign documents. To do this, he needs an electronic signature.

EDS is an analogue of a citizen’s handwritten signature.
It is issued in specialized centers accredited for such services. There are two types of signature: regular and enhanced. The latter gives the right to submit applications for many government services on the Gosuslugi.ru portal. It’s better to immediately order an enhanced signature: it costs a little more than a regular one, but it gives the user more options. The digital signature is usually prepared within a few days. In extreme cases, there is the possibility of urgently requesting a service. But in this situation, its cost increases significantly.

Through MFC.

The MFC is an institution with intermediary functions. Citizens visit it in order to receive government services from any body, not only from Rosreestr. On the spot, through the terminal, the state fee is paid. If the documents are submitted through this institution, then the wait for a response from the authorized body - the recipient of the request, on average, is delayed by 3 days. This is due to the fact that the MFC sends a set of papers to the body to which the citizen applies. The reverse movement of papers occurs according to the same algorithm as their submission.

By mail. A citizen can also use this channel. But it is necessary that the postal item contain a list of the contents with a notification that the document was personally delivered to the addressee.

The service for correcting technical errors about State Tax Committee information is provided free of charge. The deadline for its execution is 5 days, excluding weekends. The period is counted from the moment the application is submitted.

How much will you have to pay?

The cost of the service varies depending on the real estate itself. That is, its size and the volume of changes made affect the cost of the service, so you cannot be precise in naming the amount. But the state has established that the state fee for such a public service is three hundred rubles .

Among other things, your expenses in connection with making changes to the cadastral passport can include calling a specialist, namely a cadastral engineer, to carry out work to measure your changes.

Stages of boundary changes

In most cases, the entire land surveying process, together with the approval of the site plan, is officially carried out for at least three months. This period is enough to thoroughly double-check everything and clarify the boundaries of the site. To measure, all actions are performed in several stages:

Preparation. This process begins with concluding an agreement with a geodetic company. A list of owners of adjacent plots is compiled, and a work plan is prepared in relation to the applicant’s land.
Field work. This stage includes a geodetic survey, during which the area of the site is clarified and boundary signs are installed. All measuring work is carried out using professional equipment; relief features, soil type, and other features that are recorded on the site (depression, hill, presence of a natural or artificial reservoir) must be indicated. All recorded objects must be recorded on a plan on paper.
Conclusion. This is the last stage, which includes the processing of the received information by specialists of the geodetic company, they also conduct a consultation with adjacent owners and clarify whether they agree with the measurements taken. Only after this is all the data transferred to an official document (cadastral passport), the adjustments made are confirmed by the seal and signature of the executive body.

All stages are carried out in strict sequence. As for coordination with neighbors, resolving this issue can take a long time. This process can also be divided into several step-by-step actions.

When measuring the boundaries of a local area, all types of objects present on it are taken into account Source megaprovokator.ru

Coordination with neighbors: important features

It is clarified that coordination with the owners of adjacent plots may take some time. It consists of several step-by-step actions:

Neighbors receive a notification from the geodetic company, which is sent to the place of registration or residence. It can be sent by email, registered mail, published in a local newspaper (usually this option is advisable if the exact location of the owner of a neighboring plot of land is unknown) or the document can be issued in person against signature.
The notice specifies the exact date on which the owner of the adjacent plot must appear at the geodetic company or wait for a representative of the company at home. During a meeting between the two parties, the engineer provides a plan of the measured area and clarifies whether the neighbor agrees with the changes. Typically, these meetings are held with at least three neighbors whose plots coincide with the one on which the survey was carried out.
A day is set aside on which representatives of the company answer all questions from neighbors and carry out explanatory work. As a result, none of the adjacent owners should have doubts about the legality of the actions taken to change the boundaries.
On the reverse side of the plan depicting the boundaries of the land plot, an act is drawn up, which indicates information about adjacent plots, their features are prescribed, and the exact area must be indicated.
At the last stage, all neighbors who agree with the geodetic work carried out sign the act, after which the document is filed. The passports of persons who leave their signature in the cadastral documentation must be checked.

It is noted that a representative of the owner of an adjacent plot can also sign (the owner is sick, is abroad, other reasons), but only on the condition that he has an official power of attorney to carry out such activities.

Important! A drawing is a mandatory document, without which it is impossible to draw up an act and sign it. A document without graphic data can be easily challenged in court.

An example of an ideal site plan indicating all its features Source housevrn.ru

Plan of a land plot in the open steppe without accompanying objects Source zemvopros.ru

Changing boundaries after surveying

The question often arises of how to change the boundaries of a land plot after land surveying. This is possible in several cases: if the deadline established by law has passed or there are dissatisfied persons, or land survey documents were signed without their consent.

At the same time, no one except the owner can make a repeated application to the geodetic company. The owner will only need to provide evidence that the boundary change procedure is necessary. Find out what the justification may be in the section above.

The boundaries of a rectangular area on paper are highlighted with a red line if they were measured again Source: measurezemzem.rf

What to do if the land is owned, but there are no boundaries

It happens that a plot of land becomes owned by inheritance or a gift agreement. This outcome is possible due to the influence of various factors: loss of documents, incorrect transfer of ownership of the territory.

The owned plot should not remain without borders; it will then be impossible to sell it Source geroj-nashego-vremeni.ru

Such a phenomenon is a reason to urgently contact a geodetic company to put the site in order. After all, without precise boundaries, it is not possible to sell it, pass it on by inheritance and do other manipulations.

Important! In such a situation, there is a risk that the land surveying procedure will take more than 6 months.

Land surveying is also carried out for the purpose of correct installation of fences Source geomergroup.ru

If a body of water is found on the site during land surveying, it must be included in the plan Source estvaind.ru

How to obtain an extract from the Unified State Register of Real Estate?

According to the latest federal changes, from January 1, 2021, it was provided for the creation of a Unified Register of Real Estate and a unified system for accounting and registration of real estate. The results of the changes are regulated in Federal Law No. 218 “On State Registration of Real Estate” and provide for the transfer of all information about real estate of citizens of the Russian Federation to the Unified Register; information will be transferred from the databases of the Cadastral Chamber and the register of rights.

According to the law, from the beginning of 2021, the issuance of cadastral passports for new real estate will cease to operate, and the issuance of extracts from the Unified State Register of Rights to Real Estate will also be abolished.
An extract from the Unified State Register of Real Estate will be issued to replace both documents. The new document contains all the information from the first extract and passport:

information about the real estate property;
technical information;
information about registered rights;
information about encumbrances.

This innovation will allow citizens to receive all the information they need online or during a personal visit to urban planning departments in the shortest possible time (3-5 days together 1-2 months). Money spent on paying state fees will also be reduced:

paper format for individuals - 750 rubles;
paper format for legal entities - 2,200 rubles;
electronic version of the document for an individual - 300 rubles;
electronic version of the document for a legal entity - 600 rubles.

In addition to these state fees, citizens will be charged for providing other information contained in the Unified State Register of Real Estate databases by providing access to federal state systems of information on maintaining the real estate register. But most reference information can be obtained for free on the official website of the Unified State Register of Real Estate online.

You can read about obtaining an extended extract here, how to now obtain a cadastral passport and an extract from the Unified State Register of Real Estate, read here, and from this article you will learn about the form and content of these documents.