In the sphere of regulating the turnover of property, a specialcomplexity of issues of state cadastral registration and state registration of real estate. In 2017, a number of changes were made to the rules of keeping the state register in electronic form, the terms of rendering state services, and the duplication of functions was eliminated. Let us consider in detail the system of state cadastral registration.
Eliminating duplicate functions
The main laws that regulated the state registration of real estate until 2017 were the following laws:
- On state cadastral registration - Federal Law No. 221. Its correct name is the Federal Law "On the State Real Estate Cadastre."
- FZ No. 122, which regulates the procedures for state registration of rights to real estate and transactions with them.
In 2017, both normative acts have been amended.Thus, Federal Law No. 221 will be referred to as the Law on Cadastral Activities. From 2020, Federal Law No. 122 will expire. However, some of its sections will cease to operate as early as 2017.
Combining information bases
Until 2017 there were 2 registries.
In the first, rights to real estate and transactions with it were registered. The second registry was the state treasury of real estate. Since 2017 they are united.
Currently, the Unified Register of Real Estate.
Registration and reflection of changes in the information was assigned to the Cadastre Chamber and the territorial subdivision of Rosreestr - state cadastral registration authorities.
In the amended normative acts replacedcomplex names are simpler. So, the registering structure since 2017 is called the "Registration Authority of Rights" (formerly called "Regulatory Regulatory Body in the Sphere of Cadastral Relations").
Reception-issue of documents
Interested parties can now file one application for cadastral registration and registration of rights.
Regardless of the address of the object of state cadastral registration, it is possible to register in the single-window mode. It is not at all necessary to go to another subject of the Russian Federation.
Another important innovation is the electronic real estate register. Applicants can now send the necessary paper through the Internet.
Since 2017the order of delivery of the issued documents has changed. It is now available at any address and at any time. This is convenient, first of all, for people with HIA (limited health opportunities), mothers with many children, other citizens who can not leave work in order to get papers in the authorized body personally.
The legislation defines a list of actions, the fact of which is subject to state cadastral registration. This is registration:
- Real estate purchase and sale transactions (including land).
- Property not previously registered in the register.
- Built real estate.
Since 2017, the term for registration of rights and registration of real estate has been reduced. The effective terms (in working days) are given in the table.
Filing in person
Submission to the MFC
Registration of rights
Simultaneous registration and registration of rights
Mortgage registration of buildings, plots, non-residential premises, car places
When filing documents for state cadastral registration via the Internet, the processing time is further reduced.
In practice, there may be cases of denial ofstate registration of rights. As indicated in paragraph 1 of Part 2 of Part 27 of the Federal Law "On the State Real Estate Cadastre," the authorized body takes the appropriate decision if the property is not classified as immovable.
Objects for which the state cadastral registration is maintained are constructions, land plots, buildings and their parts, objects of unfinished construction, premises, car spaces.
It must also be said that if the paperwere sent to the authorized body before December 31, 2016, the deadline for their consideration is determined by the rules that were in force earlier. The new procedure extends to cases of treatment of interested persons after January 1, 2017.
Basic information of state cadastral registration
The registry contains a large amount of information. The following information is included:
- Type of object. It can be a plot, a building, a building and so on.
- Cadastral number, date of assignment.
- Description of the location of the object.
- The account number assigned earlier (inventory, conditional, cadastral or record number in the forest registry).
- Cadastral number of the source object, from which new property is formed. The creation of an object can be associated with a selection, section or other legal action with real estate.
- Cadastral numbers of parking places / premises in the building / building.
- The date of the removal of property from the state cadastral registration. This information is given if the object has ceased to exist. Here the data on this fact (grounds, etc.) are also indicated.
- Cadastral numbers of other real estate, inthe boundaries of which are accounted for the object, as well as a single property complex (or enterprise acting as it), if the specified object is included in its composition.
- Area. It is indicated for land, buildings, premises, car places, buildings.
- The main characteristic of real estate, in relation towhich maintains state cadastral records. This can be data on the extent, volume, height or depth of occurrence. If the object is a structure, the digital value of this characteristic is also indicated.
- The degree of readiness of an immovable property, unfinished construction. The indicator is given in percent.
- Designed purpose of the building / building, the erection of which is not completed.
- Number of floors (including underground), if provided.
- The floor number on which the room / car place is located.
- Information on the location of premises classified as common property, if it is in shared ownership in accordance with federal legislation.
- The material from which the external walls are made, if the building is the object of accounting.
- Year in which the building / structure completedconstruction, was put into operation. The year of completion of construction may be indicated, if the issuance of an entry permit is not provided for by the law for the facility.
- Information that the premises, according todocuments on urban planning activities, the project, is intended for servicing other areas or parking spaces or it relates to a public facility.
- Registration numbers in the state register of persons conducting cadastral activities, engineers performing work in relation to real estate, requisites for contracts for their implementation (date of imprisonment and number).
- Type of living space in accordance with the LCD.
- Cadastral numbers of immovable objects included in a single complex.
- Information about the part of the object, if it is completed by construction.
In addition, the basic information includes cadastral numbers:
- Objects included in the structure of the enterprise acting as a property complex.
- An educated object.
- Real estate located within the boundaries of the land plot.
- Quarter within which the object is located.
State cadastral registration of land plots presupposes entering information on:
- Cadastral value.
- Water objects, forests, other natural complexes located within the boundaries of the allotment.
- Land categories.
- Kinds of permitted use. This information is also indicated for buildings / buildings within the boundaries of the allotment.
- The fact of location (partial / complete) within the zone with a special mode of use or an object of cultural and historical heritage. Here, restrictions are also specified, if they are installed.
- The fact of the location of the allotment within a specially protected area, forest park, forestry, hunting grounds.
- The fact of finding a site within the boundaries of the SEZ (Special Economic Zone), CBT (the territory of advanced social development), gambling zone, ZTR (zone of territorial development).
- The location of the allotment within the territory in respect of which the landmark project was approved.
- Conditional number.
- The presence of a dispute about the location of the boundaries of sites.
In the case of state cadastral registration of land plots, a single register also includes information that:
- The allotment (allotments) is formed in accordance with the decision on its seizure (or seizure of the structure located on it) for municipal / state needs.
- The object is created from lands, state property for which is not delimited.
They include information:
- On the results of land state supervision.
- Address of the location of the object (if it exists).
- The assignment of a living space to a certain kind of premises of a specialized housing fund, a hired house of commercial or social use.
- Conclusion of the contract / acceptance of the act.
- The purpose of the structure, immovable complex, enterprise, building, premises.
General rules of registration
The effective regulatory enactments establish the grounds for accounting.
State cadastral registration of immovable property is carried out at:
- Creation / formation of the object. In this case, registration is carried out.
- Termination of the existence of the object. In this situation, he is removed from the register.
- Change the unique characteristics of a real estate object.
Accounting activities of authorized employees of the registration structure are made on the basis of the application and its annexes. The latter includes:
- Receipt for payment of the fee (in case of registration).
- The boundary plan. It is necessary not only when registering, but also when registering a part of an object, changes in its unique characteristics.
- Document confirming the change in the type of permitted use, category of land.
For state cadastral registrationReal estate may also require other securities. For example, a document on the right to an allotment, power of attorney (if a representative acts on behalf of an interested person).
Legislation provides for a listdocuments that the authorized bodies are not entitled to require from the applicant. The request for such securities is carried out within the framework of interdepartmental information interaction. Claiming them from the applicant is considered unreasonable and unlawful.
It can be carried out by mail, in person or via the Internet in the form of an electronic document.
The application is certified by the signatureinterested person or his representative. It must be notarized, except for the case of filing the document personally with the authorized registration authority.
If a person sends an electronic document, it must be certified with a digital signature.
The application provided personally should beregistered on the day of filing in the corresponding Accounting Book. The authorized employee specifies the time of receipt of the document to the nearest minute. The application registration number and date are written on attachments.
The applicant must be issued a receipt.It is a certified copy of the registered application. If the documents were received by mail, the receipt of the receipt will be sent to the interested person. Its details are indicated in the Accounting Book.
Features of state cadastral registration when creating an object
The formation of real estate should be considered:
- The section of an object that is jointly owned. This action can be carried out after determining the shares or by agreement of the parties.
- Allocation of a part of the property in shared ownership.
- Uniting objects or changing themcharacteristics. This action is possible if on the basis of existing parts of the property one object is formed or the original parts change characteristics at the expense of each other (boundaries, area, etc.).
At the section for cadastral registrationthe interested person submits the application and necessary applications to it in one copy. The registration of all objects is carried out simultaneously.
When allocating a stake or merging several objects, the interested person submits an application for registration of the created object and other necessary documents.
Changes in the original objects are also subject toregistration. In some cases, it is possible to withdraw them from the account. These actions are carried out within the framework of information interaction in accordance with the documentation received by the registration structure and confirming the state registration of rights to the objects created as a result of the transformation.
You do not need to file an application for taking into account changes or removal of property from the register.
Temporal nature of information
The information that is entered in the cadastre when accounting for the object formed as a result of the transformation is temporary. They cease to be so from the date of registration of the right to such property.
If a year has passed since the day of registering for real estate (or two years for plots), and state registration of rights has not been effected, information is canceled and excluded from the state treasury.
Removal from the register
If information about a site has been included in the cadastre, their cancellation is allowed only if the allotment is a convertible immovable object.
Withdrawals are made without a declaration inaccording to the documents received by the authorized body in the framework of information interaction and confirming the state registration of rights to objects created as a result of the transformation.
The specified actions are made within 3 working days. Calculation of the term is carried out from the date of receipt of documents.
Changing the area or description of a location
Accounting for this information is allowed in connection with the specification of the characteristics of the location of the boundaries of the site, information about which does not meet the requirements.
Taking into account the specification of the boundaries of the allotment, simultaneouslywhich are boundaries of another site, changes are also made to the information of the adjacent object. At the same time, their location should be agreed with the interested parties, if cadastral work is done to prepare the documentation attached to the application for making changes to the cadastre.