Registration of land in the Cadastral Chamber is an integral part of the registration of land ownership. Without this document, it is impossible to obtain a certificate of ownership. The procedure for cadastral registration of land is quite simple, however, so that its period is not dragged out, all documents must be collected in a timely manner. The main nuance is that you can make a property a property only if it is included in the cadastre, a number is assigned to it and a passport is developed. That is why it is so important to register it.
The main nuances
Only direct owners can register in the cadastre of a site. The registration of a land plot by cadastral registration may also be executed by a trustee (in this case, a notarized power of attorney will be required everywhere, allowing for such actions). In this case, the person must be of legal age. If among the owners there are young children, then the law provides for a special condition for registering a plot in the cadastre. In how the registration of the land on cadastral registration is made, it should be sorted out in order.
Plots that can be registered
First of all, it is necessary to check whether the land that has been leased for perpetual, lifetime and inheritable use or under a lease is subject to registration with the state cadastral registration of land plots.
It is not necessary to check only those sites for which there are already certificates of ownership that have been divided or, conversely, are interconnected. When dividing into cadastral records, each plot should be set separately.
For verification, you must contact the House and request an extract from Rosreestr. In this case, photocopies and originals of the passport of a citizen of the Russian Federation must be submitted, the contract on the basis of which the land is in use, if any. The provision of this extract is a paid procedure, as well as the registration of the land for cadastral registration. The cost of the service is 200 rubles for an individual and 600 for a legal entity. The document is prepared from 5 to 10 days. The extract will indicate the category of land ownership by which it can be determined whether it is subject to registration.
Step-by-step instruction
The registration of a land plot with cadastral registration begins with the collection of necessary papers for which data will be entered into the Federal Register.
So, this will require:
- The contract under which the land user or owner uses the site. This may be a lease with the administration, sale with an individual, organization or administration, a contract of inheritable or perpetual possession, gift or certificate of inheritance.
- Certificate (if any) of the right from the owners.
- If the land is still in the possession of the state and leased under a lease, then for registration on the state cadastral registration of land it will be necessary to take a permit from the Ministry of Property Relations. If there are several tenants under the contract, then written permissions from each of them. To obtain this permission, everyone whose name is entered in the lease must write a statement to the Ministry according to a certain model. Only after this will consent be issued.
- Surveying plan.
- A survey plan made by a specialized licensed firm.
- Consent from guardianship authorities, if a minor appears in the documents.
With all the documents, you need to go to the Cadastral Chamber to submit an application for the assignment of a cadastral number. In this case, it will be necessary to pay a state duty (200 or 600 rubles, as described above). If all the documents are collected correctly and the application is made without errors, all registration with the state cadastral registration takes place in 20 days.
Actions after registration
It is important to complete the registration, which involves the further receipt of the certificate within two years from the date of registration in the cadastre. After the specified period, the number will be deleted and the land will be returned to state ownership. Cadastral registration of land is done specifically so that the Registration Chamber could issue a certificate of ownership. Here you should write a statement and provide passports to all the defendants in the foundation agreement, append to it land surveying and cadastral plans. You will also need to pay 200 rubles as a state duty for the service. The processing time is approximately 14 days.
Land that does not need to be registered in the inventory
The cadastral registration of land plots that were inherited by will is completely inappropriate. In this case, the passport to the earth is transferred along with the rest of the documents. In this case, it will only be necessary to issue a certificate.
Why the registration process may be suspended
There are reasons why land registration may be suspended. For the most part, such problems arise due to errors in filling out application forms or missing papers. At first glance, this situation seems absurd, because the registrar is obliged to carefully check everything when receiving documents. However, do not rule out the human factor. This problem can be solved by rewriting statements and providing the missing paper.
If registration with the state cadastral register was stopped due to a technical error, it will be possible to achieve the truth only in court.
Why land registration is denied
In order not to get into trouble and not get rejected by submitting an application for cadastral registration, you must first check the category of ownership of the site. And if it is under the jurisdiction of the security service, military exercises take place on it, or the land simply has strategic importance, it cannot be made property. Under the prohibition of registration in the cadastre and reserves, which are public property and can not be transferred into ownership.
A prerequisite for registration in the cadastre of the site is the entrance or approach to it, which cannot be already 2 meters.
The prohibition also includes those lands on which state institutions stand, or if there are different categories of lands on one site.
Registration will also be denied if a third-party person or owner with disputed rights applies for the cadastral registration.
