Cadastral activity is what? Law, implementation of activities

The state land cadastre is a set of systematized information about land plots, their purpose, location, information on the presence of inseparably connected real estate objects on the plots, individualization of the owners.

Purpose of land cadastre

The main objective of the state land cadastre is information support related to the achievement of specific objectives:

• Land management at the level of municipalities and the state;
• Control over the use of land plots;
• Organization of measures to create optimal conditions for agricultural work, increase fertility;
• Land management;
• Economic assessment of land in order to establish the optimal and justified amount of payment for land plots;
• Accounting for all actions related to the possession, disposal and use of land.

Unification of the cadastre allows to develop a single composition and structure of cadastral data.

Cadastral Activities

Cadastral activity is an integral part of the land cadastre, which involves the performance of work by a cadastre engineer, the result of which will prepare documents and make all information in the state cadastral register.

Who has the right to conduct work and to register specialists

The right to carry out cadastral activities is held by individuals who have received special training and received a qualification certificate.

Accounting of all cadastral engineers is conducted at the state level, information about specialists is publicly available, and it can be found on the website of the Federal Service for State Registration, Cadastre and Cartography.

Result of cadastral work

Cadastral activities are land surveying, technical survey of real estate objects located on the land plot.

As a result of the work carried out, the customer will be able to deliver or remove from the cadastral register a land plot, obtain information on the change in the property.

Land survey

The boundary plan is drawn up on the basis of a cadastral plan and an extract from the cadastre for a specific land plot and consists of two parts:

• Graphical. In this part, the boundaries of the section are schematically displayed, the coordinates of the points of the corresponding boundaries are determined.
• Text.

Graphical part of the boundary plan

Certain boundaries are subject to mandatory agreement with the owners of adjacent sites. This procedure can be included in the activity of the cadastral engineer as agreed by the parties. The negotiation can be carried out by the customer himself.

Coordination of the location of borders can be carried out without establishing boundaries on the terrain and with their establishment. Naturally, stakeholders often require neighbors to conduct a procedure with the establishment of borders on the terrain in order to prevent further disputes.

The harmonization process involves a number of activities:

• Verification of the powers of representatives of subcontractors;
• Ensuring access of the interested person to familiarize with the land-plan;
• The indication on the terrain of the place in which the boundary boundaries are established.

The result of the coordination is an act with a graphic plan and coordinating signatures, seals seals. If, however, the notification on the need for border harmonization was made in writing, and the subcontractors did not come to an agreement, did not raise any objections within the established timeframe, the plan is agreed upon and a corresponding note is placed on it.

In the event that the conciliators have objections to the established boundaries, their opinion shall be entered into the act. If the objection is in writing, then they are attached to the act and plan. If the parties can not agree, then the dispute can only be resolved through the courts.

The legislative framework

The main normative document regulating cadastral activity is 221-FZ "On cadastral activity". The law was still created in 2007 and underwent a number of changes.

Cadastral activities are works that can be carried out by engineers who are part of the SRO. The purpose of cadastral activities is the accounting of all real estate, land, buildings, buildings and objects under construction.

In the new edition of the Federal Law "On Cadastral Activities" obliges cadastral engineers to join a self-regulating organization of cadastral engineers. Control over their activities should be carried out by a self-regulatory organization. Organizations are also entitled to consider complaints against its members.

The law clearly defines the requirements for a cadastral engineer who must have a profile higher education, be a citizen of the Russian Federation and have relevant experience of at least 2 years. Also, the engineer must pass a theoretical examination and not be punished in the form of disqualification for violation of regulatory acts in the field of cadastre, must conclude an agreement with the UK on civil liability insurance cadastral engineer. And the requirements for profile education do not apply until the beginning of 2020.

If an engineer has a valid qualification certificate, then entering the SRO does not require passing the exam and having work experience provided for by changes in the law.

Since the end of 2016, the law "On Cadastral Activities" provides for a mandatory pre-trial procedure for appealing against decisions on suspension of cadastral registration.

Organization of cadastral activities

In accordance with the federal code, cadastral activities are activities carried out on a commercial basis and associated with the formation of objects subject to cadastral registration. And such activity is carried out by authorized persons, in this case by cadastral engineers, within the framework of a public and paid contract.

Forms of cadastral activities:

• individual entrepreneur;
• Employee of a legal entity that carries out its activities on the basis of an employment contract.

About his decision, what kind of activity the cadastral engineer has chosen, he is obliged to notify the executive bodies and bodies that issued the qualification certificate no later than 30 days.

Each specialist should be available:

• Printing;
• Forms;
• stamp.

Requirements for registration of individual entrepreneurship for cadastral engineers are standard.

If a cadastral engineer works in an enterprise, then such a legal entity must meet certain requirements:

• Have at least 2 cadastral engineers in their staff, with qualification certificates;
• Create all conditions for the storage of documents that they receive from third parties, in connection with the performance of contract agreements for cadastral activities.

In this case, the contract with the customer is concluded with a legal entity, and not with a cadastre engineer.

Self-regulating organization

The main goal of a self-regulating organization in the field of cadastre is to create optimal conditions for the professional activities of engineers, to formulate uniform rules for all members and to track the accuracy of compliance with these rules.

The Law "On cadastral activity" obliges the SRO to maintain its own register of qualified cadastral engineers, to represent their interests in public bodies, to protect their legitimate rights and interests.

SRO rights:

• Protect the interests of all its members in the event of disputes at the level of local self-government bodies, public authorities;
• To develop mandatory for the SRO members' rules, timely to communicate them to the public and all members, by publishing in the media;
• To monitor compliance by engineers with established rules;
• Receive and analyze information from cadastral bodies on the performance of its members;
• To consider complaints against the actions of SRO participants;
• Apply liability measures to cadastral engineers, which are provided for by statutory and local documents under the current legislation.

Self-regulating organization has no right to independently carry out commercial activities in the field of cadastral work.

What works are popular this year

According to statistics, cadastral activity in 2017 is mainly aimed at:

1. Manufacturing of schemes for the location of land plots that are required to file a petition for the allocation of land from state and municipal land.
2. Creation of a land surveying plan, which is mandatory for setting a site for cadastral registration.
3. Registration of coordinate description. This is due to the need to clarify the location of the border, the area of the site due to the fact that the land has no coordinates or they are not defined in the system.
4. Registration of a newly created real estate (building).
5. Allocating a share in kind. Such work is possible only if the property is in common share ownership. After the selection, one or more sections appear, and the original site remains, but with altered boundaries. On new formed plots, ownership of individual equity owners arises. As a rule, such work is carried out if the owners can not reach an agreement on the use of land.
6. Division of a site, association. When dividing a section, two or more are formed, each of which receives its boundaries and a cadastral number. The main thing is that the land area falls into the category of a dividend, that is, it could actually be divided into two or more sections, without prejudice to all newly formed ones. When unifying, on the contrary, several sections are formed into one with one cadastral number.