Hello, Elena.
Most likely, you will have to make a technical plan at home with the establishment of coordinates of the borders.
Federal Law of 13.07.2015 N 218-FZ
(Ed. from 03.07.2016)
"ABOUT state registration Real Estate »Article 14. Foundations of state cadastral accounting and state registration of rights
1. State cadastral records and (or) State registration of rights are carried out on the basis of an application, with the exception of cases established by this Federal Law, and documents enrolled in the registration authority in accordance with the procedure established by this Federal Law.
2. The grounds for the implementation of state cadastral accounting and (or) state registration of rights are:
1) acts issued by state authorities or local government bodies within their competence and in the manner established by the legislation acting at the site of the publication of such acts at the time of their publication, and establishing the presence, occurrence, transition, termination of the right or restriction of law and encumbrance real estate object;
2) contracts and other transactions in relation real Estatecommitted in accordance with the legislation acting at the location of real estate at the time of the transaction;
3) acts (certificates) about privatization residential premisescommitted in accordance with the legislation acting at the place of privatization at the time of its commission;
4) certificates of the right to inheritance;
5) joined in legal force judicial acts;
6) acts (certificates) on rights to real estate issued authorized bodies state power in accordance with the procedure established by the legislation acting in the place of the publication of such acts at the time of their publication;7) Meeting Plan, Technical Plan or Examination Act prepared as a result of cadastral works in the established federal law The procedure approved in the procedure established by the Federal Law, a map-plan prepared as a result of the implementation of complex cadastral works (hereinafter referred to as the map plan of the territory);
4. State registration of rights without simultaneous state cadastral accounting is carried out under the condition of availability of information about the object of real estate in the Unified State Register of Real Estate, the right to which is registered, in connection with:
1) the emergence of the right to the created property of real estate in the case specified in paragraph 1 of Part 5 of this article;
2) the emergence of the right to the formed land plot in cases specified in paragraphs 8 - 10 of Part 5 of this article;
3) the termination of the rights to the object of real estate (with the exception of termination of rights in cases specified in paragraph 3 of Part 3 of this article);
4) the transition to the right to object of real estate;
I make explanations of the Ministry of Economic Development.
Yours faithfully! G.A. Kuraev
It all started 357 years ago
To understand why this law was needed and the problems we encountered today should be remembered by the history of the issue. Evidence of the century Russia was seriously engaged in the borders and put on the grounds, which provided his subject. Back in 1649, the "Cathedral Code" of the Moscow State was issued, which determined the procedure for establishing boundaries and protection of possessions. That is, the prototypes of the current territorial zones appeared. And in 1861, after the cancellation of serfdom, the rules of interspersed with the "exploration" of land introduced, and the peasants began to issue "owned" records. Later was created by the mid-collegium. And by the beginning of the 20th century in Russia there was a good real estate accounting system and the state guarantee of ownership of it. But then the revolution happened, collectivization was held, and private owners were practically "erased" from russian legislation. Only state and collective farm cooperative property remained. So it was not the subject of reference for a land cadastre, and the boundaries of the plots were established, in fact, formally.
Accounting and real estate assessment began to develop in two directions. One thing - along the BTI (technical inventory bureau), which were later transferred to the Ministry of Internal Affairs. BTI took into account mainly the technical characteristics of buildings and structures primarily for security reasons. The second direction was led by the Ministry agriculture. It concerned directly land, mainly agricultural land. Since we did not take into account the land and buildings at all, the construction of private traders, respectively, did not exist and the state register of rights. That is the right private property It was not registered on Earth and other real estate.
Earth and house, connect!
Only in 1998 it was decided to create a unified state register of rights. And the law on state registration of real estate rights has entered into force. Here, however, there was some nonsense. Probably, first it was necessary to record and register the objects of real estate (land, buildings, structures, facilities of unfinished construction), and then proceed to the execution of the right to them. In addition, it turned out that the land and objects on it during registration exist today scattered. That is, the earth, buildings or structures on it are taken into account separately. Land plots - in the land cadastre, which began to be created since 1992. Buildings, facilities - in the BTI, which are now renamed OTI - the organization of technical inventory. But there is another detail. The technical inventory bureau, practically given to the subjects of the Federation or municipalities, did not have a single technology and methods of work. And such scatterness, lack regulatory base simultaneously with the problem of inventory evaluation, which is the basis for property tax, They made it possible to approach the system itself differently. Now all this must be put in order. That is, when taking and registering the rights to connect the land and buildings or structures, which are on it. Actually, this is dedicated to the law "On the State Real Estate Cadastre". Two years ago it was decided to create a single inventory of real estate objects, and now the bill passed the first reading in the State Duma.
However, Rosnedvizhimost has already begun to prepare for the creation unified system accounting of real estate objects. Several are running pilot projectswhich we work out new technologies. Actually, the unified real estate cadastre already acquires real features in three subjects of the federation. In Kemerovo, Tverskaya and Samara regions, we complete the creation of the Cardpods and the inventory of BTI archives. It turned out to be the most difficult work. Documents are in an extremely started state, some archives are missing, the number of objects capital construction In reality, 2.5 times higher than the claimed BTI quantity. As a result, their identification, binding to land plots take a lot of time. However, the law on state real estate cadastre will be introduced in stages. In 2008 it is planned to fully complete work in three regions. In 2009, this will already have 9 subjects of the Federation, in 2010 -
27. And by 2011 we will cover the rest.
Why do you need cadastre
To begin with, I want everyone to understand what the state real estate cadastre is. This is a set of documents, official information that responds to four main questions: "What is it? Whose is it? How much does it cost? And where is it located?".
State Cadastral Accounting - legal act Recognition and confirmation by the state itself of the existence of a real estate object. That is, it has not yet been made cadastral records, your real estate cannot exist as an object of law. Therefore, it is impossible to obtain a certificate for ownership without cadastral registration. Thus, I repeat, this is not just a database, but the legal act of recognizing the state of the existence of a real estate object.
Cadastre creates three goals. The first is to ensure state guarantees rights to real estate. And in case of some questions or court proceedings The cadastre will be the main identification base, which will give information about what you own. The second goal is to ensure land collection and property taxes, that is, the creation tax base. On Earth, we have not only finished a massive assessment by the country, but also formed estimated inventories on all land plots and transferred them to the Federal Tax Service (FTS). And on our website www.kadastr.ru in the cadastral number of the site you can find out its area, cost for taxation, type of permitted use, land category. How to do it, I'll tell you a little later.
I must say about the formation local budgets. The interest of any head of the municipality in the creation of a state-owned real estate cadastre will be huge. After all, this is the basis of stability and predictability of income of regional and local budgets. Now will be not only from the tax service, but also to ask us for the quality of land and property tax, which are transferred to the income of local budgets. And if the head of the municipality does not have enough funds, he thinks: "Maybe there are, for example, unaccounted land plots or a poorly conducted their massive assessment?" Therefore, we made a single land cadastre absolutely open for municipalities and regions. And we work with them in the Commonwealth. The same principle must be preserved and when creating a single real estate cadastre.
And finally, the third goal of the Cadastre is to improve the efficiency of management of the territory, urban planning and territorial planning. For example, the municipalities formed under the new law should be understood where and how their borders pass, which is in their territory. By the way, on behalf of the First Deputy Prime Minister Dmitry Medvedev for the implementation of the National Project "Affordable Housing" we published the Atlas, in which all reference Information On 30-kilometer zones around major cities in the population of over 200 thousand people. Here you can see where and what areas are located, what is their form of ownership and to which category the land belongs. And immediately clear where you can build.
The creation of a state-owned real estate cadastre is of great importance for the economy of the country. It will stimulate its growth due to the inclusion in the turnover of real estate objects. And business will receive reliable protection of property rights, investments, clear and transparent accounting of real estate. Mortgage will develop more actively.
Now the word
for cadastral engineers
The creation of a single real estate cadastre will require a serious restructuring in the work of many departments. In order to "arrange and identify" buildings, structures on the land plot, function technical accounting From BTI will go to the state in the face of Rosnedvizhimost. Because it is the state that guarantees ownership.
And inventory functions, the measure will remain on the market for former BTI or new organizations. For example, as defined in the draft law "On the State Cadastre of Real Estate" - for cadastral engineers who will be united in self-regulatory organizations (SRO) and compete in the market of such services.
By the way, it should seriously reduce the price of these services. But the certificate for state registration of the right of ownership should give the authority of cadastral accounting, which sees the land plot, and buildings, structures, and how much it is worth it. You took such a help "in one window" and, please, go - register. As for the assessment of real estate objects for taxation, it is definitely professional appraisers should make. Our function is the organization of these works and the examination of the results of the assessment.
Thus, creating a single state real estate cadastre, we from the State Land Cadastre and BTI archives should take the data and "bring them together." If all this is disassembled in detail, there are a lot of problems.
For example, creating targeted plans. After all, sending information about specific real estate in the tax inspectorate, we and the Rosregistration must accompany it with the exact address of the owner. And otherwise - to whom and where to send an account? IN Russian Federation The main address classifier bracing leads tax Servicewhich contains a coded description of each address.
We need information from Rosregister, to know the state number of registration of law. This is the main identifying indicator. So on all these issues, we must build a powerful system of interconnection of information between Rosnedvizhimostu, Rosregistration and FTS. In addition, the bodies that other inventories (aquatic, forest, urban planning, wastewater, today are about 20) today, they also have to supply all this information into a single inventory of real estate. Without this, it will be impossible to create a "one window".
Forest and lake -
is it real estate?
Concerning natural resources, here is the basis of everything, of course, is the Earth. Everything else is its characteristics. Suppose whether the lake is the object of real estate? The answer is no. Land on which it is located is. And the lake is its characteristic. Also forest. In accordance with the Forest Code, the land plot is a land plot, the boundaries of which are determined in accordance with Articles 67, 69 and 92 of this Code. "
Where to find out the price of your site
Rosnedvizhimost on its site placed information about cadastral value All land plots in the country. But I will immediately say: at the address to find my site here and it is impossible to find out its cadastral cost. It is necessary to have a cadastral number and then it is enough to get the information. I will explain how. Let's go on an interactive cadastral card. You see the county here. Find, for example, the Moscow region, and then the Noginsky district. The boundary of each cadastral area is clearly defined. In the Noginsky district - 67,332 land plots. Now look at your extract from the Unified State Register of Rights or from the Unified State Land Cadastre, where there is a cadastral number of the site. If you have an old extract, where the conditional number is, then you need to come to the territorial department of Rosnedvizhimost and take a new document. You must provide it in 10 days. Execution itself is free. But if you have to copy some papers, it can do from 20 to 300 rubles. Not more. If you have not passed cadastral records at all, then you need to urgently do it.
And now we are looking for a room. Suppose - here are your five acres. Cadastral cost - 57 thousand rubles. And so - for everyone land plot in the country.
How to determine land tax
Since 2006, the calculation of land tax began based on the cadastral value of land plots. At the same time, tax payers are not only owners, but also persons with land plots on the right of permanent (perpetual) use and lifelong inherited ownership.
It is also necessary to understand that the amount of tax is folded from the two components: the cadastral value of land plots, which is established by the subjects of the Russian Federation, and the tax rate established by local governments. Considering that the land tax is local tax, that is, fully enters the budgets of municipalities, depending on the categories of taxpayers local governments have the right to establish benefits for the payment of tax for certain categories of taxpayers, based on the actual capacity of the taxpayer to pay the tax (Article 3 Tax Code RF). You can learn about all this in tax Inspection at the place of residence.
For example, in garden, country land plots tax rate is 0.3 percent of cadastral value. Owners are looking for their plot on the cadastral number. And if you have a land plot on the right of permanent (perpetual) use and lifelong inherited ownership, look for your village. Suppose here square meter costs 436 rubles. Accordingly, multiply by 100 (learn the price of one weave) and 6 - for six acres. From this amount, calculate 0.3 percent - this is the maximum possible amount of tax.
Discharge on a neighbor
Engineers of the company "BKA" will help in the design of various cadastral services. You need a binding house, cottage, garden house, or other buildings to the land plot in the cities of Zvenigorod, Istra, Kubinka, Naro-Fominsk, Golitsyno, Krasnogorsk, Krasnoznamensk, Moscow, Aprelevka, Kokoskino, Selyatino.
Rules for householding at the site
Rules for householding at the site. Part 1 The orientation of the house in the old days the house was located in such a way that the road and church could be visible from the windows. And if the site was a slope, the house was usually placed on the hill, and the garden broke up, built a gazebo and had other attributes of the household economy. The main rules for householding at the site Today, the location of the house on the site depends on the rules of the construction of a private house on the site.
Binding houses on the ground
Binding houses on the ground (house binding rules to the land plot) Any typical or individual project of the house requires binding it to a specific area, taking into account the geological conditions of the area, on which construction is conducted. In other words, the house should "enter" in the site to create a single harmonious whole. At the same time, the problem of "landing" the house on the relief should be solved, since any typical project Perform from the accounting of construction on a flat site.
Binding project to terrain
The binding of the project to the area canons of construction and architecture insist on the desired division of the land plot, which is obliged to consist of a garden-park area, auxiliary buildings and the main construction zones. Ideally, the location of such elements on the land plot may be arbitrary. However, in practice, the binding of the project of the house to a specific area is implemented in accordance with a certain set of restrictions and rules dependent on the characteristics of the land. The specified characteristics, first of all, include such geological and geodesic properties, as a relief of the site, the height of the groundwater and the orientation of the site relative to the parties.
- Bring objects of real estate to the land site is necessary when the cadastral passports or extracts do not have records about the cadastral numbers of land plots where these objects are located.
- To bind real estate objects, one or more documentary acts will be required, the list of which is complemented by certificates of property rights in relation to buildings; certificates of property rights to the land, where these buildings are located; Cadastral passports or cadastral extracts, as well as judicial decisions.
- At the location of real estate objects in several parts of the Earth, during the preparation of technical plans, in cadastral extracts about all parts of the Earth, in the boundary constraints of which designated buildings are located.
- To determine the location of real estate objects, determine the characteristic points along the contours of these objects behind the land areas, the coordinates of these points.
- Technical plans that bind buildings to the land plots are electronic documents; Technological data are assigned using reinforced qualified electronic signatures Cadastral engineers.
BKK engineers carry out bindings of buildings, houses, cottage, townhouse and other facilities to the land plot in Zvenigorod, Istra, Kubinka, Naro-Fominsk, Golitsyno, Krasnogorsk, Krasnoznamensk, Moscow, Aprelevka, Kokoskino, Selotino
Anyone capital buildingwhich is in personal or commercial use is subject to registration in Rosreestre. If the data on the contour of the real estate object in the Unified State Real Estate Register (EGRN) is not, it is required to undergo an additional registration procedure - a binding of the house to the land plot. His introduction to the Cadastre should be entrusted to specialists, since this process is complicated by a number of nuances.
Features and order
The binding of the building to the land plot is held if the building stands on cadastral records, i.e. Information about it is available in EGRN, but the contour of the house is not displayed on a public cadastral map. The result of the work is the technical plan. If the building did not reconstruct, then it is enough to measure the contour of the house with geodesic measurements. When conducting these works, the cadastral engineer verifies the reconstruction in the building or not. If the reconstruction was carried out, it is necessary to further receive permission to reconstruct.
For the procedure, it is necessary to prepare the following documents:
- an extract from EGRN to the land plot (can be obtained by employees in electronic form);
- extract from EGRN to the building (can be obtained by employees in electronic form);
- technical certificate;
- judicial decision (if necessary)
All stages are regulated Urban Planning Code. After receiving the permission to build a house, the signing of an acceptance act in operation is carried out by an executive shooting, which is the basis for design.
Advantages of professional assistance
The event will be carried out correctly, qualitatively and promptly, if you contact our specialized firm. Turning to us, the client inexpensively and without unnecessary trouble, bureaucratic wires will be eligible to dispose of its own real estate, which is located in Moscow and the Moscow region, Troitsk. Prices for services in our company are not overestimated and acceptable to everyone. We can order:
- geodesic measurements of borders, contour of the individual cottage;
- technical plan in electronic format;
- passing documentation in MFC;
- request for additional information from EGRN;
- comprehensive maintenance of a personal case.
To obtain qualified advisory support, please contact us at the specified contacts or fill out a special callback form. We provide a full range of legal services, including representative office and maintenance in judicial, controlling bodies until the problem permit.
Cost of preparation technical Plan By binding a building to a plot from 14,700 rubles.
For advice, contact our experts by phone: 8 800 222 0 911 (free call) or 8 925 869 75 72
