- the first step towards the owner realizing full ownership rights. At this stage, he will be able to sell property, donate it, erect capital structures on it and conduct communications. Cadastral registration land plot- the main task of the owner in this process. This material introduces the rules for its implementation.
Preparing to submit documents
The filing of papers can be carried out by a person intending to purchase a plot of land for the construction of a house or cottage on public land. In this case, it will be necessary to submit an application to the local administration about the intention to buy the land, then complete the transaction, obtain documents on ownership and then deal with the registration cadastral passport and other papers.
Only the owner of the plot or his authorized representative has the right to submit documents to the local registration authority. If there are several owners of a given plot, one of them can act on behalf of all of them, having documents in hand confirming this status.
Note: Only the owner of the plot who purchased it from the community without buildings on it should register with the cadastral register and receive a passport. When selling land with a building, all documents must be provided former owner. If he doesn’t have these in his hands, before making a transaction you need to request them from Rosreestr - such data can be given to you on a general basis.
Documents for cadastral registration
Collecting the papers necessary to register a site is the first stage of preparation in this matter. There is a single mandatory package of documents for cadastral registration. It includes:
- boundary plan of the site;
- document on the applicant's ownership;
- a document defining the site’s belonging to a certain type of land;
- permission to register the property from the co-owners;
- receipts for payment of state duty;
The list of required papers can be adjusted privately - if there are controversial issues, not correct design papers and other difficulties. The transferred documents, in particular the boundary plan, must be notarized.
note— in current legislation, the right to dispose of land is given only by a document of ownership. Land certificates issued in the 90s and not registered after 1998 are not such documents.
In practice, it happens that the owners of such papers have not exercised their right for more than 10 years, as a result of which the plot was registered in the cadastral register by another person. In this situation, representatives of Rosreestr had no reason to refuse him.
You can submit documents for registration:
- in person by contacting local authorities;
- through a proxy;
- by sending the documentation by mail (you must wait for confirmation of receipt);
- by sending the required package by email.
Note: all documents submitted by the applicant to the state center must be endorsed by him. If they are transferred in person, this can be done with one signature of the applicant. But when sending data electronically, an electronic signature will be required, and when sending by post, the person’s signature must also be notarized. If the documents were sent by mail, the applicant should keep the notification of receipt of the package by representatives of Rosreestr.
Registration of easement
An easement is a part of land transferred for rent. Passage or other intended use on the basis of an agreement or court. Easements are often allocated to provide access to municipal territory or other objects. Helps to avoid the presence of problematic boundaries on the site when drawing up a boundary plan and further registration with the cadastral authority.
An easement, like any other type of plot, is registered with a government agency. The list of documents for this purpose remains unchanged; in addition, they are accompanied by a court decision for the given territory (if any).
Assistance from specialists in preparing documents
When preparing a package of documents for registering an object, the applicant may encounter the following difficulties:
- lack of a clear boundary plan;
- controversial status of the site.
If the owner of the site does not have a boundary plan, he should contact a cadastral engineer for help. This is a specialist who is able to conduct research on the site and draw up a document that will not have controversial points and borders with neighbors creeping on each other. An employee of this profile must be accredited by Rosreestr.
During his work, the engineer can take measurements of the territory, request boundary plans from neighbors (if there are any) or from a government agency. In addition, the cadastral specialist can act in court on behalf of the applicant in the event of a refusal or suspension in this case.
A lawyer’s assistance in preparing documents may be needed when drawing up an application (an incorrectly filled out form is a good reason for refusal by the competent authorities), collecting documentation or defending your interests in court. The specialist can also indicate to you the need to prepare additional documents, availability problematic issues. It is also needed to resolve disputes with co-owners and in case of loss of documents required by the government agency. In addition, a lawyer represents you in Rosreestr if you cannot handle the paperwork yourself.
Turning to specialists allows you to save up to 3 months of time - this is how long it takes to explain when a case is suspended and to win the case in court.
The procedure for registering a site
Having collected the necessary documentation, the owner of the plot writes an application for registration of the plot in the cadastral register and submits it to Multifunctional Center land affairs or local authority. There he submits documents official against signature (or sends them by mail). This ends the applicant’s active participation in the process for a certain period of time.
After transferring the papers to the government agency, the applicant does not need to collect additional certificates from Rosreestr and other offices. All necessary data will be sent to the local committee on an interdepartmental basis.
After the deadline for consideration of the case on registering an object for cadastral registration, the applicant is notified of the response received. It could be:
- refusal to apply;
- suspension of production;
- registration of the object.
If the answer is positive, the applicant is given completed documents for the site. These include:
- cadastral passport of the registration object;
- cadastral extract;
- Registration of papers at the address takes another 5 days.
It should be noted that data on the cadastral registration object can subsequently be provided to third parties as cadastral extracts. Such information is publicly available information and can be studied by the applicant within 5 days.
Timing of production
The period for reviewing papers for each individual site is unified and is 18 days. The countdown starts from the moment the application is submitted. This term cannot be changed even if the authorities have requested additional information on the selected area.
If the applicant applied not to a local authority, but to a multifunctional center, he should count the period not from the date of filing the application, but from the day the documents were transferred by this center to the local authority cadastral registration. The law does not provide otherwise. If the applicant does not know exactly when his package of documents was transferred to the local authority, he can contact them for clarification of the details.
If the papers are completed correctly, the cadastral passport will be issued to the applicant one day after the end of the 18-day period.
Suspension of registration of an object
If a government agency has no reason to refuse to register an object, but there are some controversial issues regarding it, as a rule, they order a suspension of the case. This approach allows the applicant to submit additional documentation to the Rosreestr authorities. Suspension of registration may be imposed as a result of:
- documents contain conflicting information on the property;
- there is at least one disputed boundary - one that intersects another area previously registered with the cadastral register;
- the applicant provided an incomplete package of documents, and the necessary papers cannot be requested interdepartmentally;
- the application for site allocation does not comply with the approved form;
- according to the documents, the location of your property coincides with the location of another, including partially;
- the border of the site crosses the municipal territory.
The period of suspension of registration of an object lasts no more than 3 months. After this, the case is reviewed. If the applicant does not contact Rosreestr at the end of this period, the case may be rejected. The decision to suspend can also be appealed judicial procedure. In this case, the applicant needs to submit additional documents confirming his case.
In what cases is refusal possible?
The government agency will decide to refuse to register an object if the document is executed incorrectly and false data is provided. The most common reasons for refusal to apply are:
- the object is not considered real estate;
- the register for the object contains only temporary data;
- the object consists of several indivisible real estate objects;
- the site does not meet the size requirements;
- the boundary plan has not been approved;
- there are objections to registering the object;
- includes more than 5% of agricultural land;
- the site has disputed boundaries;
- documents contain false information;
- documents for the installation of the object were submitted by a person who does not have the right to take this step.
Example: citizen Nikolenko applied to Rosreestr with an application to register his housing in the cadastral register. Having examined the papers within 18 days, the service refused to register him, since the plot was already registered with the cadastral register, but by a different owner. According to Rosreestr documentation, citizen Nikolenko is not the owner of this property; accordingly, he cannot submit papers for cadastral registration.
The entire package of documentation provided by the applicant is returned to him.
This decision of the local authority is not final. The applicant has a chance to exercise his rights, but in a different order. If you receive a refusal, you should carefully study the documents. The assistance of a lawyer specializing in such cases would be appropriate, since the decision of the government authority can be challenged in court.
Why do you need cadastral registration?
Cadastral passport and other documents issued government agency, are necessary for carrying out all real estate transactions, no matter what their nature, as well as carrying out repair work. Without a cadastral registration document it is prohibited:
- lay communications on the site;
- carry out construction.
Without providing a cadastral passport, a transaction of donation, sale, exchange and other civil acts may be declared invalid. Also, not a single similar transaction will be challenged in court if during it the buyer was not given cadastral document, although it was issued for the selected area. This scheme, however, does exist and is widely used in fraud.
Video instructions for registering a land plot with cadastral registration
As you can see, registering a plot of land for cadastral registration is a complex and lengthy process that requires compliance with various formalities. However, with proper preparation of documentation and knowledge of the laws, passing it is not so difficult. In the most problematic cases, the land owner should use the services of lawyers, as well as engineers who can simplify the paperwork.
In contact with
This refers to a set of procedures for setting up and changing information about real estate objects, which are displayed in a unified information database (the so-called state real estate cadastre).
Without registering a land plot with the cadastral register, owners today cannot fully manage their real estate, namely, rent it out, sell it, inherit it or give it as a gift.
Landowners have had this obligation to legitimize plots of land since 2008, when legislation on cadastral registration was adopted.
The legislation contains a list of grounds for which land plots are subject to cadastral registration. These are, for example, the boundaries of a site formed for the first time, which were not previously taken into account; artificially created. A site can be artificially created provided that it is separated from the boundaries of another, when divided into two or more (each new one must be registered); when converting a piece of land.
You can register a plot of land that is owned, leased or perpetual use/inherited for life.
The ban on registering a plot of land applies to lands withdrawn from circulation (for example, for the needs of the Ministry of Defense, from the Water Fund).
Documentation
The procedure for registering a land plot with cadastral registration involves collecting 
necessary documents owner and submitting them to the Rosreestr branch. This is very important stage in the procedure for legitimizing rights to a plot of land.
If the set of information provided is incomplete, registration of the land for cadastral registration may be refused.
The list of requested documentation largely depends on the specifics of a particular situation.
| Title of the document | What is it for? | How and where can I get it | Cost and processing time |
| Passport for individuals Title documents (lease agreements, purchase and sale agreements, certificate of ownership/extract from the Unified State Register, certificate of inheritance) | To confirm ownership of a land plot. | Must be in the hands of the copyright holder; if there are several owners - presented by each | — |
| Land survey plan | To determine the location and exact boundaries of the site | In a specialized company that has a license for this type of work, cadastral engineer | 5-30 thousand rubles 5-10 working days |
| Geodetic plan | Necessary for boundary work | In a specialized company with a license for geodetic surveying | 5-25 thousand rubles 5-10 working days |
| Constituent documents for legal entities | Required for copyright holders - legal entities. To confirm ownership of a land plot | The applicant must have an extract from the Unified State Register of Legal Entities and | For free Up to 5 working days |
| Notarised power of attorney | Required when transferring documents through a representative. To confirm the grounds for acting on behalf of the copyright holder | At the notary's office | From 200 rub. On the day of treatment |
| Consent of the guardianship authorities to the transaction | Necessary when the land is owned by a minor. To confirm that the transaction does not violate the rights of the minor owner | At the local department of guardianship and trusteeship authorities | For free On the day of treatment |
| Written consent of the administration of the Moscow Region/committee on land and property issues | Required when the land is in municipal ownership. To confirm the fact that the operation does not violate the interests of the owner of the site - municipality | In the municipal administration | For free On the day of treatment |
| Written consent of the owner of the land plot | Required if documents are transferred by the land lessee. To confirm the fact that the operation does not violate the interests of the owner of the site. | From the owner of the land plot | For free On the day of treatment |
All documents are provided in originals; notarization is not required in this case. The authenticity of the data is confirmed by Rosreestr specialists.
Registration of a plot of land for cadastral registration is carried out on the basis of an application from the landowner or land user.
The application for the Civil Code has a strictly established form, approved in the Order of the Ministry of Economic Development of October 2016. A single application is submitted to Rosreestr regarding cadastral registration and registration of property rights.
It must contain the following information: 
- name of the territorial body of Rosreestr;
- desired action: registration/registration of rights/at the same time.
Type of property:
- land plot;
- characteristics of the land plot: purpose, address;
- what actions need to be taken regarding cadastral registration: register the plot, deregister it, make changes;
- information about the individual or legal entity-right holder (full name, passport data, SNILS, date and place of birth, details, etc.);
- method of submitting an application: personally or by his representative (in the latter case, information about the applicant is filled out);
- if necessary, the owner declares his desire to receive an extract from the Unified State Register of Real Estate, which confirms the registration of the site with cadastral registration;
- method of obtaining documents;
- the documents attached to the application are listed;
- method of obtaining a receipt;
- consent of the copyright holder to the processing of personal data.
Documents can be submitted to Rosreestr directly at the registration center, through the MFC, sent by Russian Post, electronically, or transferred during an on-site visit by a Rosreestr specialist.
The procedure for registering a land plot with Rosreestr is free. But if it is necessary to obtain an extract from the Unified State Register, the owner will need to pay the state fee for this document and attach the receipt to the rest of the information.
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Thanks to the competent and prompt actions of the executive and management staff of Moszemcom, these projects were completed at a high level of quality. We note the high competence of the company and the speed of execution of assigned tasks.
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The LLC Market company expresses gratitude to the Moszemcom company for the high level of professionalism in carrying out work on cadastral registration, state registration of rights, as well as obtaining a construction permit. Over the months that we have been cooperating with you, we have highly appreciated the level of services you provide, as well as compliance with deadlines. The results of your work allowed us to save time on the implementation of our projects. We would also like to express our personal gratitude to the General Director of Moszemcom.
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Also, the Moszemcom company provided consulting support for interaction with the bodies of Rosreestr and the Government of the Moscow Region, with the aim of registering development projects.
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