Is it necessary to carry out land surveying under an apartment building?

Many people affected by agricultural legislation do not know whether land surveying is really necessary.
Most sites claim this is true. Moreover, this must be done as quickly as possible. At the same time, they even refer to non-existent laws.

Using land surveying, the boundaries of the site are determined.

Only qualified personnel take part in it : surveyors and cadastral engineers who have a special certificate. The received data is entered into the Unified State Register of Real Estate.

What it is?

Land surveying is a procedure that includes several stages. After everything has been completed, you can get results with an accurate (to the centimeter) indication of the boundaries of the site.

Land surveying includes the following stages :

Why is this procedure needed?

The main purpose of boundary work is to determine the exact boundaries of the land plot.

There are several reasons why a land owner uses the services of a cadastral engineer:

Find out the boundaries of your site and its exact area . It is the natural desire of every person to know exactly what is his property. Sometimes this need coincides with the intention to put a fence around the perimeter of the site. Then the expensive land surveying procedure does not seem so, since demolishing or rearranging the fence and outbuildings may be more expensive.
Sale . It is known that the buyer prefers to purchase not a pig in a poke, but real property with exact outlines. This can be confirmed by a boundary plan with border coordinates.
Share allocation. If the plot is registered to several owners, but is not demarcated, then the sale of one part must be preceded by a land surveying procedure, with the help of which it is possible to determine exactly where the boundaries of the share lie.
Disputes with neighbors about boundaries . A common reason for contacting a cadastral engineer.
Building a house . Before starting, you need to obtain a building permit. To do this, among other documents, it is necessary to provide a boundary plan containing a graphic part (site drawing). Therefore, the land surveying procedure in this case will be mandatory.

You can find out whether land surveying took place from documents: cadastral passport, Certificate, extract from the Unified State Register or on the official website of Rosreestr.

Land surveying procedure

The various stages of work to carry out the procedure in question should be described in more detail. If you have a cadastral passport, the procedure will be similar. It is important to note that the main person in carrying out this procedure is the cadastral engineer. He needs to have a special license to perform such work. Is it possible to contact other specialists? No, this is not allowed. However, the qualifications of different specialists may vary. It is advisable to choose the most qualified contractor for surveying cadastral work.

The first step is to select a specialist and conclude an agreement with him to carry out the relevant work. To work, you will need two specialists with the appropriate license. To do this, you can contact not only the municipality, but also a private company. Of course, in the first case it will be free, but in the second you will have to pay for the work. But, on the other hand, as a rule, in this case, the specialist’s qualifications will be higher if he works in a private company.
Next comes the actual land surveying process. The owner of the plot must agree on the boundaries with the neighbors, submit the necessary documents and show where the required land plot is located. The responsibilities of a cadastral engineer are fully demonstrated here. The cadastral engineer carries out a large amount of work at this time, during which he must study registration documents, prepare this project, meet with neighbors and discuss with them the location of the boundaries of the site if there are no complaints. In the course of his activities, he finally establishes the boundaries of the site, carries out the necessary geodetic work, prepares an accurate plan of the land with boundaries established on it, and finalizes the plan of this land. This concludes the cadastral work.
In the third step, the final document is drawn up in its entirety.
Now cadastral registration is required, and the plot receives a cadastral passport.
Entering data into the Unified Real Estate Register. The state duty is currently 350 rubles.

After this, the delimitation of the land plot is considered completed, and the land plot is considered fully registered. How to obtain an extract from the register? This is done in the usual way.

Is it necessary to do land surveying if the plot is registered in the cadastral register? Required if not already done.

How to find out whether a site has been surveyed? To do this, you will need to check your registration data. If the land is in shared ownership, the procedure is similar.

Is it necessary to comply with the law?

The dacha amnesty has been extended once again. This time until 2021 . This means that it is possible to register ownership of land plots using a simplified system. Let's take a closer look at this process.

In order to register a land plot under the dacha amnesty, you will need a minimum package of documents :

passport;
land allocation act;
technical plan of the land plot.

All documents along with the application are submitted to Rosreestr. The information is processed and the site is entered into the USRN database.

The ownership of a plot is not only registered. It is assigned a cadastral number. This means that from now on it is on the cadastral register. That is, in fact, all the documentation for the sale of this plot is available.

Not all owners have the right to a dacha amnesty . This applies to land plots that were provided before 2001 for individual housing construction, dacha and garden farming, and private household plots.

Is it necessary to do land surveying if there is a cadastral number?

Let's look at the question: is it necessary to prepare documents for the plot if you already have a cadastral number? A cadastral engineer from Service Geo answers a question

Is land surveying a necessity or a waste of money?

According to legislative innovations, all land plots must be registered in the cadastral register before March 1, 2018. True, experts in the field of land surveying note that today there is no designated expiration date for the norms prescribed in the so-called “dacha amnesty.”

All this causes uncertainty about the future among gardeners, who fear what will happen if the boundaries of the allotment have not been established by 2021. The main question is: can property rights be taken away?

Can property rights be taken away without establishing the boundaries of the site?

It is known that previously plots in SNT were registered based on a single document - the plot location diagram. As a rule, the standard plot area was 6 acres. A fairly common situation is when the owner of a site installs a fence without using geodetic measurements. Naturally, accidental or deliberate seizure of someone else's territory leads to conflicts and, in the future, legal proceedings with neighbors. Therefore, it was decided to switch to a more accurate and transparent registration scheme, which involves accurate identification of the boundaries of the plot using modern satellite equipment.

Let us immediately note that the surveying procedure is not cheap, as it involves the use of certified specialists and high-precision equipment. Carrying out land surveying also allows you to accurately determine the amount of land tax that the property owner must pay. The state will have to pay the fee at market rates, but in return the owner receives a set of legal guarantees necessary for conducting commercial transactions with the plot, transferring land by inheritance, drawing up a gift agreement and more. It is also safe to say that if a neighbor decides to invade your territory, then in this case, a timely land surveying procedure allows you to legally protect your property from a kind of “raider takeover.”

How much will land surveying cost?

Let us remind you that clarification of the boundaries of a land plot (land survey) must be carried out by authorized persons, namely cadastral engineers who have passed the certification procedure. The approximate cost of the work varies from 18,000 to 30,000 rubles. (depending on the area, topography and location of the territory). After amendments are made to the Federal Law on State Registration, any transactions with unregistered plots will not be considered legal. The innovation came into force on March 1, 2018.

Can a plot of land be confiscated without land surveying?

If information about property rights registered in a legally established manner, in accordance with paragraph 3 of Article No. 70 of Federal Law No. 218 “On State Registration of Rights,” this property (house or plot) passes to the municipality. This law came into force on January 1, 2021 and is already being implemented on the territory of the Russian Federation.

Thus, the absence of a procedure for clarifying boundaries (land surveying) does not mean that the land will be taken away by the state, but if the document certifying the right to the plot is older than 1998, then you urgently need to go to the MFC.

Based on this, we strongly recommend that all property owners check the data on the plot. One of the fastest and easiest ways is the official website of Rosreestr, where you can quickly find out information about the property you own. A longer way is to visit the MFC (My Documents) or the regional office of the Cadastral Chamber.

Inheritance in question

The dacha amnesty adopted in 2008 makes it possible to quite quickly and easily legalize land plots, outbuildings, bathhouses, residential buildings and other structures. To exercise such a right, it is necessary to provide a single document - a technical plan for the allotment. The cost of preparing a technical plan, on average, ranges from 18,000 to 25,000 rubles, including registration of rights (“turnkey”).

Peculiarities of registration of ownership in individual housing construction, private household plots

To register ownership of a residential building on a plot with the land category of individual housing construction, private private plots, from March 1, 2021, it is required to provide, in addition to a construction permit, also a commissioning permit. If the owner has not properly registered the rights to the land plot, this will invalidate the possibility of conducting any purchase and sale transactions. In addition, this imposes restrictions on the transfer of land by inheritance.

Service Geo engineers can help you get your real estate documentation in order. Contact us by phone or in the application form and we will definitely help resolve your issue.

The article was checked by expert Kosov Lev Gennadievich

Cadastral engineer. Work experience 9 years. Education Moscow University of Geodesy and Cartography (MIIGAiK) – Cadastral activities

Peculiarities

Land surveying consists of several stages. First you need to find out whether this procedure was really not carried out on your site . Then collect all the documents for the site and conclude an agreement with the organization of cadastral engineers.

Is it necessary to do this if the plot is registered in the cadastral register?

According to Russian legislation, land surveying is carried out only at the request of the owner of the site. If the land plot was registered in the cadastral register according to a simplified system, without carrying out a land surveying procedure, then it is not necessary to do it before selling it (for more details, see here).

Currently, in order to sell a plot,
you need to provide the following to Rosreestr :

Owner's passport.
Certificate of ownership or extract from the Unified State Register of Real Estate.
Technical documentation (landmark plan, technical plan).
Contract of sale.

Technical documentation, including a cadastral passport, is needed only for entering data into the Unified State Register of Real Estate.

To transfer ownership from the seller to the buyer, these documents are not needed. Brief cadastral information is available in the extract from the Unified State Register of Real Estate.

From 2021, instead of a Certificate of Ownership made on special paper, an extract from the Unified State Register of . It is printed on plain paper and contains cadastral information about the property.

It also indicates the ownership of the property of the specified person. The certificate and extract are legally equivalent.

If the land is owned

What if the land is owned, but no land survey has been carried out on it? The answer to this question must be given by the owner himself. After all, the determination of boundaries is a voluntary procedure and is carried out in the interests of the owners (read more here).

If the previously registered plot does not need to be sold, donated, or bequeathed in the near future, then you can wait with land surveying. Before selling, there is also no obligation to call a cadastral engineer if you are sure that you can sell it for the real price anyway.

New changes in legislation

Rights to real estate are legally confirmed only when the corresponding entry is in the Unified State Register of Rights to Real Estate. To fill it with new data, it is not enough to take only title documents. It is necessary to obtain a cadastral passport of a land plot by going through a rather complicated registration process. Is it necessary to survey a plot of land? For some time it was sometimes possible to carry out such registration without having to go through the survey procedure. Property rights were confirmed, but the boundaries of the land remained unclear. Conducting real estate transactions without being included in this register was impossible. From the beginning of next year, the rules in this matter will change significantly. Even if there is an entry in the Unified State Register, it will not always be possible to conduct transactions with land real estate. An important additional condition for this is the carrying out of land surveying in the area under consideration. How to carry out land surveying? This procedure is quite expensive, so before making any decision in this matter, it is important to understand the essence of the problems related to the land surveying procedure.

As is known, obtaining a cadastral passport of a land plot by cadastral number in most cases obliges the procedure in question to be carried out without fail. Who has been exempt from this over the past years? How to register a land plot without land surveying?

When obtaining plots for gardening, vegetable gardening or, for example, building a garage, land surveying was not previously required. The demarcation of a garden plot, a summer cottage plot and others was not necessary.
The ownership of the purchased land was registered back in the days when land surveying was not mandatory for this.
This is not about registering ownership of the entire plot, but only for a certain share of it. This is possible with common shared ownership of the land.
The transfer of the right to perpetual possession into the right of ownership was carried out on an unmapped plot of land.

Of course, these exceptions will lose their legal force after the adoption of new changes.

Land surveying and cadastre are both important for obtaining full ownership of land.

Price

Land surveying is a rather complex process that includes a whole range of activities. The final price for the services of a cadastral engineer will depend on their quantity.

Also among the circumstances that affect the cost of surveying are:

Land area . The larger it is, the correspondingly more work the specialist has to do and the higher the price.
Region . Each region has its own price for cadastral work. For example, the cost of the same services in the Moscow region and the Smolensk region may differ by double or more.
Configuration _ If the site has a simple rectangular shape, then its boundaries are much easier to determine.
Landscape . Ravines and hills greatly complicate the work of a cadastral engineer.
Availability of objects on the ground . This includes the house, outbuildings, trees and other plantings.
Distance from the cadastral engineer's office . Sometimes the land plot is located very far from a large populated area where cadastral engineers work.

In general, the average cost ranges from 5 to 15 thousand for a standard dacha plot of 6 acres.

It is necessary to discuss in advance all the nuances of the estimate for boundary work. Preferably before signing an agreement with the company, which includes the cost of land surveying.