The concept of cadastral registration
Registration and deregistration of land occurs within the framework of cadastral activities. After the formation of a plot of land and registration of the object with government agencies, it not only receives specific boundaries and a description of its characteristics. Also, each land plot is assigned a unique identification designation - a cadastral number.
A specific cadastral number can belong to only one specific plot and contains a set of numbers that describe its territorial location according to a strict system.
Cadastral registration allows you to maintain a unified database in relation to real estate, systematize and streamline the uniformity of registration actions in this area. Registration of a plot of land and assignment of a unique cadastral number to it allows us to identify each specific plot as an independent object of legal relations in order to carry out legally significant actions with it in the future.
Grounds for removing a land plot from cadastral registration
The grounds for filing an application with Rosreestr are divided into factual and established by law.
The legislation provides for the removal of a land plot from cadastral registration, the grounds for which are specified in legal norms:
- Federal Law of July 24, 2007, No. 221-FZ;
- Federal Law of July 13, 2015, No. 218-FZ;
- Article 131 of the Civil Code of the Russian Federation.
The actual basis means the submission of an application by the owner or other copyright holder to Rosreestr, accompanied by supporting documentation.
When is it necessary to remove a land plot from cadastral registration?
Deregistration is necessary in cases where a single and unique site loses its integrity, ceases to exist as an independent object of legal relations, or changes its boundaries.
Such actions of subjects of legal relations are aimed at changing the physical characteristics of the site and its legal status. A typical example of a change in the physical characteristics of a piece of land is a change in its boundaries in the process of merging land plots or, conversely, dividing a single land object into several separate plots. At the same time, the original land plot, previously registered in the cadastral register, ceases to exist and changes its legal status.
An important point is the fact that it is possible to remove a plot from cadastral registration only in cases where there are no registered rights in relation to it. Deregistration is permitted in the following cases:
- 1) information about the land plot was temporary and subject to change;
- 2) the plot is subject to division to form new plots that have confirmation of state registration of rights;
- 3) if no more than two years have passed since the registration of the land plot with temporary status, and registration actions in relation to it have not been carried out;
- 4) absence of the fact of registration of encumbrances of rights.
The procedure for deregistering a land plot from cadastral registration
If you want to formalize the fact of termination of the existence of a real estate property, you will need:
- Contact the state registrar with a written statement indicating the reason for deleting information from Rosreest, as well as all information about the copyright holder and the property. The application form has been approved by the Ministry of Economic Development, it can be downloaded on the Rosreestr website or you can contact the specialists of the Star-Service Cadastre and Registration Center for legal support on property issues.
- Receive an act from a cadastral engineer, who, upon application, goes to the site and personally certifies the fact that the property has ceased to exist (after demolition, destruction). After inspection, the document is transferred to the state registrar, who removes information about the real estate property from Rosreestr.
After receiving the documents, an employee of the MFC, Cadastral Chamber or territorial office is required to write a detailed receipt with a list of documents received and indicating the date.
Removal of a land plot from cadastral registration is carried out no later than 18 days from the date of written application. However, since the Certificate of Termination of Existence of a Real Estate Property must be drawn up by an accredited cadastral engineer, the procedure may be delayed due to the high workload of employees. The day of termination of the existence of a real estate property is recognized as the day the cadastral registration authority entered information into Rosreestr.
The application will need to be written either personally, or through a principal who has a notarized power of attorney, as well as via mail. Categories of citizens with limited mobility can also contact Rosreestr, so that Rosreestr specialists can visit them on any issues related to the registration or removal of real estate from the cadastral register.
The procedure for deregistering a land plot
The application for deregistration and the necessary documents are submitted either on paper or in electronic form. After receiving paper documents, the registrar issues a receipt to the applicant. If you apply in electronic form using an electronic digital signature, the application will be assigned a registration number by which you can track the stages of the procedure.
After receiving the documents, the cadastral registration authority conducts a legal examination, during which it decides on the possibility or impossibility of deregistering the site.
The total period for the implementation of the state service of deregistration of a site should not exceed 18 calendar days.
Based on the results of the legal examination, the state body makes a decision to remove the registration area or to refuse to perform such an action.
The grounds for refusal are the following circumstances:
- 1) the plot is not a property whose cadastral registration is carried out by a state body;
- 2) an application for deregistration was submitted by a person who does not have the necessary powers;
- 3) the submitted documents do not meet the requirements of federal legislation;
- 4) a plot of land is not subject to transformation and, accordingly, cannot be deregistered;
- 5) in the case when more than three months have passed since the suspension of the procedure for registering a site, and the reasons for the suspension have not been eliminated.
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Why are land plots removed from cadastral registration?
All land located on the territory of the Russian Federation is registered in the cadastral register. This information about the plots is systematized and entered into the State Real Estate Cadastre. During the use of the site, its area, purpose and other technical characteristics may undergo changes.
All these changes must be reflected in the cadastre, otherwise they will be considered illegal. We can talk, for example, about dividing one property into 2 equal ones.
To find out this information about the land plot, you need to order an extract from the Unified State Register of Real Estate for the property you are interested in.
In this case, the first, large plot should be subject to deregistration, and two new ones, on the contrary, will be subject to registration.
In addition to this case, there is also a direct instruction from the legislator regarding a temporary land plot, which must be followed and such land plots are also subject to deregistration.
The main regulatory act on the issue of deregistration of a land plot is the Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”. The law contains provisions regarding the competence of authorized bodies and answers the question of why plots are deregistered.
The consequences of removing a land plot from cadastral registration lie in one simple rule: it is impossible to remove a land plot from registration without its subsequent registration as a new property.
A site that has been deregistered should not be “lost”; instead, either new lands appear, or, after changing some characteristics, it will again receive its cadastral number.
We will tell you below how to remove a land plot from cadastral registration.
The procedure for removing previously registered land plots from cadastral registration
4) a document establishing or certifying the applicant’s ownership of the land plot or confirming the established or established restriction (encumbrance) of real rights to such land plot in favor of the applicant (when taking into account part of such land plot, except if the applicant is the owner of such real estate and the State Property Committee contains information about the registered ownership of this applicant for such a land plot) (a notarized copy or a copy with the stamp “original presented”, affixed when accepting documents upon presentation of the original.
If, after one year from the date of completion of the registration of this part of the property, state registration of the corresponding restriction (encumbrance) of the property right has not been carried out, such information is canceled and excluded from the State Tax Code. In this case, the CMO, no later than the working day following the day of exclusion of such information from the State Property Committee, sends in the prescribed manner (the procedure has not been established) the applicant or his representative documents along with an application for cadastral registration of this property, to the postal address specified in this application.
We remove the plot from the cadastral register or make changes to the real estate cadastre
The following document is a document confirming that you have the right to request the removal of the plot from cadastral registration. This can be a certificate of ownership, a will, if you are an heir, or a power of attorney from the owner that has been notarized.
Legal theorists have considered that the removal of a land plot from cadastral registration is nothing more than a special procedure established by law at the state level , which is of a primary nature and its results are the removal of all information about a particular land plot from the general information of the register, which is called a national register.
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How to remove a land plot from cadastral registration
Cadastral registration is the systematization and accumulation of information about real estate objects. All real estate in Russia is registered in the State Real Estate Cadastre (GKN). All work on the State Property Committee is in charge of Rosreestr and its subordinate institution - the Cadastral Chamber.
- destruction of real estate (for example, burned down);
- consolidation of a communal apartment (rooms that will be combined into one apartment are removed from the register);
- combining several land plots into one (land plots that will be merged into one are deregistered);
- dividing a large plot of land into several plots (a large plot is deregistered);
- merging several buildings into one (buildings that are being combined are removed from the register);
- division of one building into several (a building that is divided into several is removed from the register).
The procedure for removing previously registered land plots from cadastral registration
In accordance with Part 3 of Article 70 of the Law on Real Estate Registration, the rights registration authority, in accordance with the established rules for maintaining the Unified State Register of Real Estate, removes from cadastral registration a land plot registered in the manner established by the legislation of the Russian Federation before March 1, 2008 (the status of the information is “previously registered”). , in the event that there is no information about the copyright holders of such plots ( taking into account the information that was contained before 01/01/2019 in the state real estate cadastre and the Unified State Register of Rights to Real Estate and Transactions with It
).
From January 1, 2021, relations arising on the territory of the Russian Federation in connection with state cadastral registration and registration of rights to real estate, as well as the maintenance of the Unified State Register of Real Estate (USRN) and the provision of information contained in the USRN, are regulated by the Federal Law of July 13, 2015 No. 218-FZ “On state registration of real estate”. Olga BORISENKO, Deputy Head of the Database Normalization Department of the Tyumen Branch of the Federal Cadastral Chamber, talks about the procedure for removing previously registered land plots from cadastral registration, in accordance with the new legislation.
