Public oversight of the work of the chairman of snt. snt soninskoe

Real estate is considered to be one of the hardest types of "currency". But it must be registered and entered into the state real estate cadastre. The settlement of all these issues took place on the basis of Federal Law number 221. But, from January 1, 2017, it was included in the Federal Law under number 218. What changes did this entail? Let us consider in more detail the Law on Cadastre from January 1, 2017.

Description of the law

218 FZ (former federal law 221) describes the procedure for resolving issues related to the state registration of real estate and land plots. The Law on Cadastre refers to cadastral activities, which, on the basis of Article 29, can only be carried out by an officially authorized person - a cadastral engineer.

In 221 of the Federal Law "On the State Cadastre of Real Estate", which is part of 218 of the Federal Law, attention is drawn to the principles of uniform methods and technologies for the procedure for registering real estate in order to give it a legal status. The 221 objects considered by the law include land plots, buildings, structures, unfinished buildings and extensions, and other real estate objects that must be entered into the state cadastre.

Recent amendments to the law "On Cadastre"

The main change that has taken place with Federal Law 221 on the cadastre is the introduction of the law into the composition of Federal Law 218, from January 1, 2017, together with federal law number 222. This led to the emergence of appeal commissions in all regions of the Russian Federation that deal with disputes related to state cadastre.

The new edition clarifies the requirements for the position of cadastral engineer:

membership in a specialized self-regulatory organization;
citizenship of the Russian Federation;
certificate from the national association of engineers.

As a result of the inclusion of Federal Law 221 in Federal Law 218, the following articles and chapters have become invalid:

Art. 3, ch. 1 - about the body that carried out the accounting of land plots and buildings;
Art. 4, ch. 1 - on the transfer of powers of the cadastre accounting body to representatives of the executive authorities of the constituent entities of the Russian Federation;
Ch. 2 - canceled entirely. It described the procedure for maintaining the state real estate cadastre;
Ch. 3 - abolished in its entirety, with the exception of Art. 26.1. It described the procedure for state accounting of land plots or buildings;
Art. 27 - on the reasons for the refusal to carry out cadastral registration;
Art. 38, ch. 4 - on the procedure for drawing up and drawing up a boundary plan;
Art. 41, ch. 4 - on the procedure for drawing up and drawing up a technical plan;
Art. 42, ch. 4 - on the procedure for issuing and drawing up an examination report;
Art. 43, ch. 5 - on the issue of carrying out cadastral registration of finished buildings and construction projects in the transition period;
Art. 44, ch. 5 - on persons carrying out state registration of real estate in the transition period;
Art. 42.5, ch. 4 - on the boundaries of land plots;
Art. 45.1, 4, 5, 6, 7, 8-15, ch. 5 - on the issue of entering information that was obtained as a result of a complex of cadastral works into the state register, and when they are recognized as invalid.

Articles of Federal Law 221, which were changed as a result of its introduction into Federal Law 218:

Art. 1 - changes in the definition by law of the subject of regulation of this Federal Law. Now it is the implementation of cadastral activities and registration of rights. The term "cadastral registration" has been replaced by "registration of rights". Instead of references to "this law", references are made to Federal Law 218;
Art. 26.1 - an exact indication of the federal executive body that deals with the settlement of issues on appealing against decisions to suspend the implementation of cadastral registration and the procedure for the procedure. For example, when and under what conditions they can be appealed - after registration of rights to real estate;
Art. 29 - the legal conditions for the exclusion of a cadastral engineer from a self-regulatory organization were changed. They are supplemented by the adoption of a decision on the implementation of state registration, when the reasons preventing it have not yet been eliminated.

Some of the articles of Federal Law 221 have not been amended (except for new terminology):

Art. 39, which specifies the procedure for agreeing on land boundaries;
Art. 40, which describes the features of the execution of the act of coordinating the boundaries of land plots.

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The Law on Cadastre 221, now part of Federal Law 218, has undergone a number of changes designed to improve the settlement of disputes related to real estate and consolidated all information on the state cadastre of registered real estate.

The new version of Federal Law 221 clearly indicates the principles of the procedure, related provisions and a package of documents provided by law.

To avoid misunderstandings and problems during the legal registration of real estate, we recommend familiarize with the latest version of Federal Law 221 as part of 218, indicating the changes made.

How is the type of permitted use of a piece of land determined and how is it determined when a piece of land is divided into two separate land areas?

I am interested in the following question: is it necessary to approve the boundaries of the land allotment together with the neighbors-land users when placing this land plot on the GKN?

Latest news about the federal law on real estate cadastre 2017

The new real estate cadastre law 2017 will come into force very soon, which involves the introduction of new rules for the registration of Russian real estate, which will create a unified mechanism for maintaining the cadastre and registration of rights to own certain premises. The result of the innovation should be a simplification of the right to register real estate property, in any case, this is precisely the statement that the Russian authorities have recently made.

What do you need to know?

The authorities plan to create a new unified real estate register (EGRN), which will contain information on cadastral maps, registers of rights and boundaries of the territory (it will also include those territories that will have special use). Only representatives of the unified State Register will now register state real estate, and innovations involve a significant simplification of the passage of all state procedures, so the registration process becomes much simpler.

Official latest news on the federal law on real estate cadastre 2017 indicate that it will be possible to submit papers in electronic and paper form. The papers are handed over personally to representatives of the State Register, which will independently process them, and electronic data are registered on a special portal of public services. It is worth emphasizing that the register will be mainly maintained in electronic form, because this is what allows you to secure information as much as possible. Each owner, upon request, can request documents from the state register, and the inscription on it will correspond to the registration number of the contract, but it contains an additional certificate and confirmation of cadastral registration.

What are the benefits?

Looking through 221 real estate cadastre laws with changes for 2017, it is worth noting that it has certain advantages, which include the fact that now the registration process will be very convenient. Today, cadastral registration and real estate registration procedures are different procedures, so a person often has to spend time doing almost the same work more than once, spending a lot of time on it. The new law will make this procedure much more convenient, and it is worth emphasizing that now documents for registration in the State Register can be submitted at any location (this can be done through the state portal), and before it was necessary to go to a special department at the place of residence. Ready documents are delivered to a person on demand, but you will have to pay extra for such a service.

Studying the changes to the real estate cadastre law that came into force in 2017 , attention should be paid to the fact that now they will be able to save the applicant's time, because now the registration of real estate takes a total of a week, and registration in the cadastre lasts no more than five days. Extracts from state registers will be provided in the shortest possible time (usually three days will be enough to carry out this manipulation).

According to experts, the law on the state real estate cadastre of 2017 also ensures the reliable safety of information. Data in electronic form will be protected by multiple backups and an increased security system, which will strengthen the position of the State Register and reduce the likelihood of fraud among the population to a minimum. It will not be possible to obtain a certificate of ownership today, now all the necessary documents and information about real estate will be stored in the Cadastral Register.

These innovations will come into effect from the beginning of 2017, so you should definitely take into account that the documents submitted for registration of real estate until December 31 will function in accordance with the rules of last year's legislation.

General provisions

Information about changes:

Federal Law No. 361-FZ of July 3, 2016 amended the title of this Federal Law with effect from January 1, 2017.

"About cadastral activity"

With changes and additions from:

July 22, 23, December 30, 2008, May 8, July 17, December 21, 27, 2009, December 29, 2010, June 4, July 1, 18, 19, 21, November 30, December 3, 8 2011, July 28, 2012, April 5, June 7, 2, July 23, 2013, June 23, July 21, October 22, November 4, 22, 29, 31 December 2014, February 28, 6 April, June 29, July 13, December 29, 30, 2015, April 5, 26, May 1, June 23, July 3, 2016, July 29, 2017

GUARANTEE:

See Comparative analysis of laws on registration of real estate: dated July 13, 2015 N 218-FZ, dated July 21, 1997 N 122-FZ and dated July 24, 2007 N 221-FZ

See comments to this Federal Law

Chapter 1. General Provisions

Article 1. Subject of regulation of this Federal Law

GUARANTEE:

See Encyclopedias and other comments on Article 1 of this Federal Law

Information about changes:

Federal Law No. 361-FZ of July 3, 2016 reworded Part 1 of Article 1 of this Federal Law, which shall enter into force on January 1, 2017.

1. This Federal Law regulates relations arising in connection with the implementation of cadastral activities, the activities of self-regulatory organizations of cadastral engineers, the national association of self-regulatory organizations of cadastral engineers (hereinafter referred to as cadastral relations).

Information about changes:

Federal Law No. 361-FZ of July 3, 2016 amended Part 4 of Article 1 of this Federal Law. The amendments shall enter into force on January 1, 2017.

4. Cadastral activities are the performance of work in relation to real estate in accordance with the requirements established by federal law, as a result of which the preparation of documents containing the information necessary for the implementation of state cadastral registration of real estate (hereinafter referred to as cadastral registration) on such immovable property (hereinafter referred to as cadastral records) is ensured. work), and the provision of services in cases established by federal law. The person specified in Article 29 of this Federal Law (hereinafter referred to as the cadastral engineer) has a special right to carry out cadastral activities.

Information about changes:

Federal Law No. 361-FZ of July 3, 2016 reworded Part 4.1 of Article 1 of this Federal Law, which shall enter into force on January 1, 2017.

4.1. Cadastral work is carried out in relation to land plots, buildings, structures, premises, objects of construction in progress (hereinafter also referred to as real estate objects), parts of land plots, buildings, structures, premises, as well as other real estate objects subject to cadastral registration in accordance with federal law.

Information about changes:

Federal Law No. 452-FZ of December 30, 2015 supplemented Article 1 of this Federal Law with Part 4.2, which shall enter into force on July 1, 2016.

4.2. In the cases established by this Federal Law, when performing cadastral work, cadastral engineers determine the coordinates of the characteristic points of the boundaries of the land plot (part of the land plot), the coordinates of the characteristic points of the contour of the building, structure, parts of such real estate, the coordinates of the characteristic points of the contour of the object of construction in progress, processing the results of determining such coordinates, during which the area of real estate objects is determined and the location of real estate objects is described, the location of the boundaries of the land plot is coordinated. In the case established by this Federal Law, when performing cadastral works, cadastral engineers may additionally establish the location of a building, structure or object under construction on a land plot by means of a spatial description of the structural elements of the building, structure or object under construction, including taking into account the height or depth such structural elements.

Information about changes:

Federal Law No. 361-FZ of July 3, 2016 reworded Article 2 of this Federal Law, which shall enter into force on January 1, 2017.

Article 2. Legal basis for the regulation of cadastral relations

GUARANTEE:

See Encyclopedias and other comments on Article 2 of this Federal Law

The legal basis for the regulation of cadastral relations is the present Federal Law, other federal laws and other regulatory legal acts of the Russian Federation issued in accordance with them.

Information about changes:

GUARANTEE:

See Encyclopedias to Article 3 of this Federal Law

Information about changes:

Federal Law No. 452-FZ of December 30, 2015 supplemented Chapter 1 of this Federal Law with Article 3.2, which shall enter into force on July 1, 2016.

Article 3.2. The body exercising state supervision over the activities of self-regulatory organizations of cadastral engineers, the national association of self-regulatory organizations of cadastral engineers and maintaining the state register of self-regulatory organizations of cadastral engineers, the state register of cadastral engineers

State supervision over the activities of self-regulatory organizations of cadastral engineers, the national association of self-regulatory organizations of cadastral engineers (hereinafter referred to as state supervision), the maintenance of the state register of self-regulatory organizations of cadastral engineers and the maintenance of the state register of cadastral engineers are carried out by the federal executive body authorized by the Government of the Russian Federation (hereinafter referred to as the state supervision).

Federal Law "On Cadastral Activities" (221-FZ) 2017

In the last valid version of January 1, 2017.

There are no new versions of the law that have not entered into force.

You can compare editions of this law by selecting the effective dates of the revisions and clicking on the "Compare" button. All the latest changes and additions will open before you at a glance.

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For example, Federal Law "On Cadastral Activities" does not have no new planned editions at the moment.

There is no chance to find a more recent current edition.

The Federal Law “On Cadastral Activities” regulates relations in the maintenance of the state real estate cadastre and cadastral activities. The State Real Estate Cadastre is a systematic collection of information on accounting compliance with the Federal Law on Real Estate and information on the passage of the state border of the Russian Federation between the constituent entities of the Russian Federation, on the boundaries of municipalities, the boundaries of settlements, on special economic zones, zones with special conditions and territories of objects of cultural heritage .

The Federal Law "On Cadastral Activities" states that the state real estate cadastre is a federal state information resource. The state cadastral registration of real estate is the actions of the authorized body to enter into the state real estate cadastre data on real estate with certain characteristics that define the object as an individually defined thing or confirm the cessation of the existence of such real estate, as well as other information on real estate provided for by this Federal Law property.

According to the Federal Law, cadastral activities are work on the preparation of documents containing the necessary information for the implementation of cadastral registration and the provision of services in cases established by law. A cadastral engineer has a special right to conduct cadastral work.

Cadastral work is carried out in relation to land plots, buildings, premises, parts of real estate, construction in progress, as well as other real estate objects subject to cadastral registration in accordance with federal law.

Russian Law 221 on the state real estate cadastre legalized the activity of a set of information on the legal, natural, economic status of various real estate.

The document was adopted in July 2007, at the same time (July) it was approved by the Federation Council, and the date of entry into force is July 24, 2007. The latest version of the legal act on the state real estate cadastre has recently entered into force, the time of entry into force is May 2016, also the next version will come into effect soon.

Federal Law 221 on the state cadastre with changes for 2016 - summary

This law brought together and systematized every information about real estate in the Russian Federation. Also, the law on cadastre systematized legal relations in this regard. There are installed:

1. Basic principles of cadastre, all general provisions;
2. Order of conduct;
3. List of documents required for maintenance;
4. Each body responsible for maintenance has been identified.

The Federal Law also states what should be included in the document - this is each previously or only registered land plot, any structure, building, unfinished object, that is, registration is performed for each of them. The legislative body of the Duma indicated that forests do not fall under the register, with the exception of forest, water objects that are part of land plots. Also, the text of the Federal Law says that subsoil plots are not taken into account by the cadastre.

The basis for registration is an application submitted by any interested organization, person. As a result of accounting, any real estate is assigned its own number, a separate item indicates that this number is used not only for real estate transactions, but also for taxation. The legal status of the main specialized specialist, which is an engineer, has been determined - he is entrusted with the main technical work, he has the right to establish non-profit organizations.

Article 39 of the Federal Law 221 on the state cadastre

The indication of the location of any boundaries according to the cadastre law is an important point, therefore, should be carried out in agreement with each interested party, that is, neighbors. In order to check the compliance of the documentation, each cadastral engineer is obliged to advertise in the media and personally inform about the meeting of interested people, this should be done no later than a month before the start date of the procedure.

1. Provide an opportunity to familiarize people with the boundary plan;
2. Carry out coordination on the ground with the exact establishment of all boundaries.

Article 27 paragraph 5 of the Federal Law 221

This paragraph of Article 27 indicates that an error often occurs leading to a refusal to register real estate. The reason here, as a rule, is that the appeal comes from the wrong person, that is, he or his representative does not have the relevant documents. In order to avoid such a problem, which can delay the start of work, one should seriously approach the issue of collecting the necessary documents for registering real estate in the cadastre.

221 of the Federal Law on the state real estate cadastre with changes for 2016

This federal law is the main source of law in the sphere, a guarantee that all the requirements of people, organizations, work related to them, the necessary regulation will be carried out on time, with high quality. For this, the Federal Law is often supplemented, after which this legal act, each of its provisions, chapters and articles become more modern and effective. Practice shows that the law can boast of a new version with any changes regularly, that is, every year, or even several times over a specified period. The Duma will continue to adopt and introduce current changes.

Who were affected by the changes in 221 FZ in 2016?

The current version clarified the powers of the engineer, his right to work in the field of real estate. It was also indicated that control over the work of these people, their self-regulatory organizations is carried out by the executive federal body. Any decision of the cadastre can be appealed; for this, a special appeal commission is created. If the commission recognized the requirement as justified, then during the day a corresponding notification will be sent to the body that made the decision, then changes will be made. If a cadastral error has occurred, then its correction is free.

Article 45 of the Federal Law on the State Real Estate Cadastre

Article 28. Correction of errors in the state real estate cadastre

1. Errors in the state real estate cadastre are:

1) a technical error (misprint, typo, grammatical or arithmetic error, or similar error) made by the cadastral registration authority when maintaining the state real estate cadastre and leading to a discrepancy between the information entered in the state real estate cadastre and the information in the documents on the basis of which information was entered into the state real estate cadastre; real estate cadastre (hereinafter referred to as a technical error in the information);

2) an error reproduced in the state real estate cadastre in the document on the basis of which information was entered into the state real estate cadastre (hereinafter referred to as a cadastral error in information).

2. A technical error in the information is subject to correction on the basis of a decision of the cadastral registration authority in the event that this body detects such an error or submits it to the cadastral registration authority, including using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, from any person, a statement about such an error in the form, in the manner and in the ways established by the body of legal regulation in the field of cadastral relations, or on the basis of a court decision that has entered into force to correct such an error. A technical error in the information is subject to correction within a period of not more than five working days from the date of its discovery by the cadastral registration authority, submission of this application or the specified court decision to the cadastral registration authority. If this application is submitted, the cadastral registration authority is obliged to check the information contained in it and eliminate the corresponding technical error or, no later than the working day following the expiration date of the period established by this part, decide to reject this application with justification of the reasons for the rejection, sending this decision to the applicant with this application to a person in the form of an electronic document using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, in the manner and in the ways that are established by the regulatory body in the field of cadastral relations, or a certified copy of this decision to the postal address indicated in the application. This decision can be appealed in court.

3. The decision of the cadastral registration body to correct a technical error in the information must contain the date of detection of such an error, its description with the rationale for qualifying the relevant information entered in the state real estate cadastre as erroneous, as well as an indication of what the correction of such an error consists of. In case of correcting a technical error in the information about the real estate, the cadastral registration authority, no later than the working day following the day the decision was made to correct such an error, sends this decision and one copy of the cadastral passport of the property in the form of electronic documents using public information and telecommunication networks , including the Internet, including a single portal of state and municipal services, in the manner and methods established by the regulatory body in the field of cadastral relations, or a certified copy of this decision and one copy of the cadastral passport of the property in the form of documents for on paper to the postal address of the right holder of the specified real estate object or, if there is no information about this address in the state real estate cadastre, to the postal address of the right holder in accordance with the cadastral information provided for in clause 8 of part 2 c Article 7 of this Federal Law (if this information is available). The decision to correct a technical error in the information may be appealed in court.

4. Unless otherwise provided by this article, a cadastral error in the information is subject to correction in the manner established for accounting for changes in the relevant real estate object (if the documents containing such an error and on the basis of which information was entered into the state real estate cadastre are documents submitted in accordance with with Article 22 of this Federal Law by the applicant), or by way of information interaction (if the documents that contain such an error and on the basis of which information was entered into the state real estate cadastre are documents received by the cadastral registration authority in the order of information interaction) or on the basis of a the legal force of a court decision to correct such an error.

5. Upon detection of a cadastral error in the information, the cadastral registration authority shall make a decision on the need to eliminate such an error, which should contain the date of detection of such an error, its description with justification for qualifying the relevant information as erroneous, as well as an indication of the need to correct such an error. The cadastral registration authority, no later than the working day following the day this decision is made, sends it to interested persons or to the relevant authorities to correct such an error in the manner prescribed by part 4 of this article and informs the self-regulatory organization of cadastral engineers about the decision taken, if the cadastral error was made by the cadastral an engineer who is a member of such a self-regulatory organization. The procedure and methods for sending this decision by the cadastral registration authority in the form of an electronic document using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, are established by the body of legal regulation in the field of cadastral relations. The court, at the request of any person or any body, including the cadastral registration authority, has the right to decide on the correction of a cadastral error in the information.

7. After six months from the date of sending the decision to the persons indicated in part 5 of this article on the need to eliminate a cadastral error in the information of the state real estate cadastre on the location of the boundaries of the land plot, the cadastral registration authority has the right to amend the information of the state real estate cadastre on the location of the boundaries and area of such land plot without the consent of its owner. A change in the state real estate cadastre of information about the location of the boundaries of a land plot when correcting a cadastral error in the case specified in this part is carried out by the cadastral registration authority, taking into account the information contained in the documents specified in part 9 of Article 38 of this Federal Law, using the cartographic basis of the cadastre in the manner prescribed by the body of legal regulation in the field of cadastral relations. At the same time, the area of a land plot after correcting a cadastral error in the case specified in this part may differ from the area of a land plot, information about which is contained in the state real estate cadastre, by no more than five percent.

8. Within five working days from the date of correction of a cadastral error in the case specified in paragraph 7 of this article, the cadastral registration authority is obliged to notify the owner of the land plot in the manner and in the ways that are established by the body of legal regulation in the field of cadastral relations.

9. Disputes arising in connection with the correction of a cadastral error in the case specified in paragraph 7 of this article shall be considered in court.

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FEDERAL LAW ON STATE REAL ESTATE CADASTRE

RUSSIAN FEDERATION

THE FEDERAL LAW

About the state real estate cadastre

N 221-FZ

(As amended by Federal Law of July 22, 2008 N 141-FZ - Collection of Legislation of the Russian Federation, 2008, N 30, Art. 3597; Federal Law of July 23, 2008 N 160-FZ - Collection of Legislation of the Russian Federation, 2008 , N 30, article 3616; Federal Law of December 30, 2008 N 311-FZ - Collection of Legislation of the Russian Federation, 2009, N 1, Article 19; Federal Law of May 8, 2009 N 93-FZ - Collection of Legislation of the Russian Federation, 2009, N 19, article 2283; Federal Law of July 17, 2009 N 145-FZ - Collection of Legislation of the Russian Federation, 2009, N 29, article 3582; Federal Law of December 21, 2009 N 334- Federal Law of December 27, 2009 N 343-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Article 6419 Federal Law of December 29, 2010 435-FZ - Collected Legislation of the Russian Federation, 2010, N 1, Article 47 of the Federal Law of June 4 2011 N 129-FZ - Collection of Legislation of the Russian Federation, 2011, N 23, art. 3269; Federal Law of July 1, 2011 N 169-FZ - Collection of Legislation of the Russian Federation, 2011, N 27, Art. 3880; Federal Law of July 18, 2011 N 215-FZ - Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4563; Federal Law of July 19, 2011 N 246-FZ - Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4594; Federal Law of July 21, 2011 N 257-FZ - Collection of Legislation of the Russian Federation, 2011, N 30, Art. 4605; Federal Law of November 30, 2011 N 346-FZ - Collection of Legislation of the Russian Federation, 2011, N 49, Art. 7024; Federal Law of December 3, 2011 N 383-FZ - Collection of Legislation of the Russian Federation, 2011, N 49, Art. 7061; Federal Law of December 8, 2011 N 423-FZ - Collection of Legislation of the Russian Federation, 2011, N 49, Art. 7365; Federal Law of July 28, 2012 N 133-FZ - Collection of Legislation of the Russian Federation, 2012, N 31, Art. 4322; Federal Law of April 5, 2013 N 43-FZ - Collection of Legislation of the Russian Federation, 2013, N 14, Art. 1651; Federal Law of June 7, 2013 N 108-FZ - Collection of Legislation of the Russian Federation, 2013, N 23, Art. 2866; Federal Law of July 2, 2013 N 185-FZ - Collection of Legislation of the Russian Federation, 2013, N 27, Art. 3477; federal law dated July 23, 2013 N 250-FZ- Collection of Legislation of the Russian Federation, 2013, N 30, art. 4083)

In the latest edition: N 250-FZ of 07/23/2013

Articles of the law:

Chapter 1. General Provisions

Article 1. Subject of regulation of this

federal law

1. This Federal Law regulates relations arising in connection with the maintenance, implementation of state cadastral registration of real estate and cadastral activities (hereinafter referred to as cadastral relations).

2. The state real estate cadastre is a systematized set of information about real estate registered in accordance with this Federal Law, as well as information about the passage of the State Border of the Russian Federation, about the borders between the constituent entities of the Russian Federation, the borders of municipalities, the borders of settlements, about territorial zones and zones with special conditions for the use of territories, other information provided for by this Federal Law. The State Real Estate Cadastre is a federal state information resource.

3. The state cadastral registration of real estate (hereinafter referred to as cadastral registration) is recognized as the actions of the authorized body for entering information about real estate into the state real estate cadastre, which confirm the existence of such real estate with characteristics that make it possible to determine such real estate as an individually defined thing (hereinafter - unique characteristics of the real estate object), or confirm the termination of the existence of such real estate, as well as other information on real estate provided for by this Federal Law.

4. Cadastral activity is the performance by an authorized person (hereinafter referred to as the cadastral engineer) in relation to immovable property in accordance with the requirements established by this Federal Law, as a result of which the preparation of documents containing the information necessary for the implementation of cadastral registration of such immovable property (hereinafter - cadastral work).

5. In accordance with this Federal Law, cadastral registration of land plots, buildings, structures, premises, objects of construction in progress (hereinafter also referred to as real estate objects) is carried out.

6. The provisions of this Federal Law shall not apply to subsoil plots, aircraft and sea vessels, inland navigation vessels and space objects, enterprises as property complexes.

7. The provisions of this Federal Law shall apply to underground structures, unless otherwise provided by federal law.

Article 2. Legal basis for the regulation of cadastral relations

The legal basis for the regulation of cadastral relations is the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Land Code of the Russian Federation, the Forest Code of the Russian Federation, the Water Code of the Russian Federation, the Urban Planning Code of the Russian Federation, the Housing Code of the Russian Federation, this Federal Law, other federal laws and published in in accordance with them, other regulatory legal acts of the Russian Federation.

Article 3

state real estate cadastre

1. Cadastral registration and maintenance of the state cadastre of real estate are carried out by the federal executive body authorized in the manner established by the Constitution of the Russian Federation and Federal constitutional law of December 17, 1997 N 2-FKZ "On the Government of the Russian Federation", in the field of state registration of rights to real estate property and transactions with it, cadastral registration and maintenance of the state real estate cadastre (hereinafter referred to as the cadastral registration authority).

2. The powers of the cadastral registration body provided for by this Federal Law, with the exception of the powers provided for by Article 30 of this Federal Law, on the basis of decisions of this body, shall be entitled to exercise state budgetary institutions subordinate to it. For the purpose of applying the rules established by this Federal Law, the said state budgetary institutions endowed with appropriate powers in accordance with such decisions shall be considered cadastral registration bodies. At the same time, the relevant provisions of this Federal Law shall apply to these state budgetary institutions insofar as otherwise does not follow from the essence of the relevant legal relations. State budgetary institutions endowed in accordance with this article with the powers of a cadastral registration body are subject to the requirements for the organization and procedure for interaction with applicants in the provision of public services provided for by the Federal Law of July 27, 2010 N 210-FZ "On the organization of the provision of state and municipal services and provisions on liability for violation of these requirements (as amended by the Federal Law of July 28, 2012 N 133-FZ - Collection of Legislation of the Russian Federation, 2012, N 31, Art. 4322).

3. Acceptance of applications for cadastral registration, requests for information entered in the state real estate cadastre, upon personal application of applicants with such requests and the issuance (sending) of relevant documents to applicants can be carried out by multifunctional centers for the provision of state and municipal services (hereinafter referred to as the multifunctional center) ( Part 3 was introduced by Federal Law No. 133-FZ of July 28, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 31, Article 4322).

4. The procedure for the transfer by the multifunctional center of applications for cadastral registration accepted by it and requests for the provision of information entered in the state real estate cadastre to the cadastral registration authority and the procedure for the transfer by the cadastral registration authority of the documents prepared by it to the multifunctional center for issuance (sending) to applicants are determined by the concluded by them in in accordance with the procedure established by the Government of the Russian Federation by an agreement on cooperation. At the same time, the terms for the transfer by the multifunctional center of the applications it has accepted for cadastral registration and requests for the provision of information entered in the state real estate cadastre to the body carrying out state registration of rights, and the terms for transferring by the body carrying out state registration of rights, documents prepared by it to the multifunctional center should not exceed two business days (Part 4 was introduced by Federal Law No. 133-FZ of July 28, 2012 - Collection of Legislation of the Russian Federation, 2012, No. 31, Art. 4322).

(Article 3 as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Art. 6410)

Chapter 2. Maintenance of the state real estate cadastre

Article 4. Principles of maintaining the state cadastre

real estate

1. The maintenance of the state real estate cadastre is carried out on the basis of the principles of the unity of the technology of its maintenance throughout the Russian Federation, ensuring, in accordance with this Federal Law, the general availability and continuity of updating the information contained therein (hereinafter referred to as cadastral information), the comparability of cadastral information with the information contained in other state information resources.

2. Maintaining the state real estate cadastre is carried out on paper and (or) electronic media. In the event of a discrepancy between information on paper and electronic media, information on paper is given priority.

3. The procedure and terms for the storage of documents contained in the state real estate cadastre are established by the federal executive body authorized by the Government of the Russian Federation. If the documents contained in the state real estate cadastre are recognized as material evidence in a criminal case, their seizure is carried out in accordance with the procedure established by federal law. After the entry into force of the sentence or after the expiration of the period for appealing against the decision or ruling on the termination of the criminal case, the court or the body of inquiry, the investigator must return the indicated documents to the appropriate cadastral registration authority (as amended by Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083).

4. The state real estate cadastre on electronic media is part of a unified federal information system that combines the state real estate cadastre on electronic media and the Unified State Register of Rights to Real Estate and Transactions Therewith on electronic media (as amended by Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, item 6410).

5. Information is entered into the state real estate cadastre by the cadastral registration authority on the basis of documents received by this authority in accordance with the procedure established by this Federal Law, unless otherwise established by this Federal Law. legislation of the Russian Federation, 2009, N 52, item 6410).

6. The expiration of a certain period from the date of completion of the cadastral registration of a real estate object, a change in the requirements for accuracy or methods for determining the information about real estate objects to be entered into the state real estate cadastre, or a change in the geodetic or cartographic basis of the state real estate cadastre, including the coordinate systems used to maintain it , is not a basis for recognizing cadastral information about the property as irrelevant and (or) subject to clarification.

7. In the event of a change in cadastral information, the information previously entered into the state real estate cadastre shall be retained, unless otherwise provided by this Federal Law.

8. Cadastral information is publicly available, with the exception of cadastral information, access to which is limited by federal law.

9. In the cases established by this Federal Law, information that is of a temporary nature is entered into the state real estate cadastre. Such information, until they lose it in the manner of a temporary nature established by this Federal Law, is not cadastral information and is used only for purposes related to the implementation of the appropriate state registration of rights to real estate and transactions with it, as well as the performance of cadastral work (as amended by the Federal Law dated December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, item 6410).

10. The maintenance of the state real estate cadastre is carried out by the cadastral registration body in the manner established by the federal executive body authorized to exercise the functions of legal regulation in the field of maintaining the state real estate cadastre, cadastral registration and cadastral activities (hereinafter referred to as the body of legal regulation in sphere of cadastral relations) (as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Art. 6410).

Article 5. Cadastral number of the property and

cadastral division of the territory of the Russian Federation

1. Each real estate object, information about which is entered in the state real estate cadastre, has an unchanging state registration number (hereinafter referred to as the cadastral number) that does not repeat in time and on the territory of the Russian Federation. Cadastral numbers are assigned to real estate objects by the cadastral registration authority (as amended by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Art. 4083).

2. In order to assign cadastral numbers to real estate objects, the cadastral registration authority carries out cadastral division

territory of the Russian Federation into cadastral districts, cadastral regions and cadastral quarters (hereinafter also referred to as cadastral division units). When establishing or changing the units of cadastral division of the territory of the Russian Federation, the relevant information is entered into the state real estate cadastre on the basis of legal acts of the cadastral registration authority.

3. The procedure for the cadastral division of the territory of the Russian Federation, as well as the procedure for assigning cadastral numbers to real estate objects, is established by the body of legal regulation in the field of cadastral relations.

Article 6. Geodetic and cartographic bases

state real estate cadastre

1. The geodetic basis of the state real estate cadastre (hereinafter referred to as the geodetic basis of the cadastre) is the state geodetic network and special-purpose geodetic networks created in accordance with the procedure established by the federal executive body authorized by the Government of the Russian Federation (hereinafter referred to as reference boundary networks) (as amended by the Federal Law of 23 July 2008 N 160-FZ - Collection of Legislation of the Russian Federation, 2008, N 30, item 3616).

2. The cartographic basis of the state real estate cadastre (hereinafter referred to as the cartographic basis of the cadastre) is maps, plans, the requirements for which are determined by the regulatory body in the field of cadastral relations (as amended by Federal Law of December 21, 2009 N 334-FZ - Collection legislation of the Russian Federation, 2009, N 52, item 6410).

3. The geodetic and cartographic bases of the cadastre are created and updated in accordance with the Federal Law of December 26, 1995 N 209-FZ "On Geodesy and Cartography". At the same time, the relevant information about the geodetic and cartographic bases of the cadastre, obtained as a result of work on the creation of new or updating existing geodetic and cartographic bases of the cadastre, including the creation of new or the restoration of lost points of reference boundary networks, is entered into the state real estate cadastre on based on the documents prepared as a result of the specified work.

4. When maintaining the state real estate cadastre, a unified state coordinate system is used, established by the Government of the Russian Federation for use in the implementation of geodetic and cartographic work (as amended by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, article 4083).

Article 7

real estate about the property

1. The following information about the unique characteristics of a real estate object shall be entered into the state real estate cadastre:

1) type of real estate object (land plot, building, structure, premises, construction in progress);

2) the cadastral number and the date of entering this cadastral number in the state real estate cadastre;

3) a description of the location of the boundaries of the real estate object in the amount of information determined by the procedure for maintaining the state real estate cadastre, if the real estate object is a land plot , item 4083);

4) a description of the location of the property on the land plot in the amount of information determined by the procedure for maintaining the state real estate cadastre, if the property is a building, structure or construction in progress Russian Federation, 2013, N 30, article 4083);

5) the cadastral number of the building or structure in which the premises are located, the number of the floor on which this premises is located (if there are number of floors), a description of the location of this premises within the given floor, or within the building or structure, or the corresponding part of the building or structure, if the object of real estate is a room;

6) the area determined taking into account the requirements established in accordance with this Federal Law, if the real estate object is a land plot, building or premises.

2. The following additional information about the real estate object shall also be entered into the state real estate cadastre:

1) the previously assigned state registration number (cadastral, inventory or conditional number), if such a number was assigned before the cadastral number was assigned in accordance with this Federal Law, and the date of assignment of such a number, information about the organization or body that assigned such a number in the established legislation order;

2) the cadastral number of the real estate object, as a result of the division of which, separation from which, reconstruction of which or other actions in accordance with the legislation of the Russian Federation (hereinafter referred to as the transformed property object) another property object was formed (hereinafter referred to as the formation of the property object) (as amended by Federal Law of July 22, 2008 N 141-FZ - Collection of Legislation of the Russian Federation, 2008, N 30, Article 3597 Federal Law of July 18, 2011 N 215-FZ - Collection of Legislation of the Russian Federation, 2011, N 30, 4563);

3) the cadastral number of the real estate object formed from this real estate object (as amended by the Federal Law of July 22, 2008 N 141-FZ - Collection of Legislation of the Russian Federation, 2008, N 30, Art. 3597);

4) the cadastral number of the land plot within which the building, structure or object of construction in progress is located, if the real estate object is a building, structure or object of construction in progress;

5) cadastral numbers of buildings, structures, construction in progress located within the land plot, if the real estate object is a land plot;

5-1) cadastral numbers of premises located in a building or structure, if the property is a building or structure 4083);

5-2) the number of the cadastral quarter in which the property is located (paragraph 5-2 was introduced by Federal Law No. 250-FZ of July 23, 2013 - Collection of Legislation of the Russian Federation, 2013, No. 30, Art. 4083);

6) the cadastral number of the apartment in which the room is located, if the property is a room;

7) the address of the real estate object or, in the absence of such an address, a description of the location of the real estate object (subject of the Russian Federation, municipality, settlement, etc.);

8) information on real rights to a real estate object in the amount of information determined by the procedure for maintaining the state real estate cadastre, if these rights are not registered in the Unified State Register of Rights to Real Estate and Transactions Therewith (as amended by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083);

9) information about the restrictions (encumbrances) of real rights to the real estate object, including a description of a part of the real estate object, if such restrictions (encumbrances) apply to a part of the real estate object, to the extent of the information determined by the procedure for maintaining the state real estate cadastre (as amended by the Federal Law dated July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, article 4083);

10) (Clause 10 has become invalid on the basis of the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Art. 4083)

11) information on the cadastral value of the real estate object in the amount of information determined by the procedure for maintaining the state real estate cadastre (as amended by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Art. 4083);

12) information about forests, water bodies and other natural objects located within the land plot, if the real estate object is a land plot;

14) permitted use, if the property is a land plot;

15) the purpose of the building (non-residential building, residential building or apartment building), if the object of immovable property is a building;

16) the purpose of the premises (residential premises, non-residential premises), if the object of real estate is a premises;

17) type of dwelling (room, apartment), if the object of immovable property is a dwelling located in an apartment building;

18) the purpose of the structure, if the object of immovable property is a structure;

19) the number of floors, including underground floors, if the property is a building or structure (if the building or structure has a number of floors) , N 30, item 4083);

20) the material of the outer walls, if the object of immovable property is a building;

21) postal address and (or) e-mail address, which is used to communicate with the owner of the real estate object or, if the real estate object is a land plot, with a person who owns this land plot on the right of lifetime inheritable possession or permanent (perpetual) use (hereinafter - postal address and (or) e-mail address of the owner of the property);

22) information about the cadastral engineer who performed cadastral work in relation to the property, to the extent of the information determined by the procedure for maintaining the state real estate cadastre 30, article 4083);

23) the year of commissioning of the building or structure upon completion of its construction or the year of completion of its construction, if the building or structure is a real estate object;

24) information on the termination of the existence of the real estate object (the date of removal from the cadastral register), if the real estate object ceased to exist (as amended by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, art. 4083);

25) the main characteristic of the real estate object (length, depth, depth, area, volume, height, building area), determined by the procedure for maintaining the state real estate cadastre, and its significance if the real estate object is a structure (clause 25 was introduced by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083);

26) the degree of readiness of the object of construction in progress in percent (paragraph 26 was introduced by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Art. 4083);

27) the main characteristic of the real estate object (length, depth, depth of occurrence, area, volume, height, building area), determined by the procedure for maintaining the state real estate cadastre, and its projected value, if the real estate object is an object of construction in progress (paragraph 27 was introduced by Federal Law No. July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083);

28) the intended purpose of a building, structure, the construction of which has not been completed, if the property is an object of construction in progress );

29) the name of the building, structure, determined by the procedure for maintaining the state real estate cadastre, if such a name exists (paragraph 29 was introduced by Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Art. 4083);

30) information on the inclusion of the property in the unified state register of objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation in the amount of information determined by the procedure for maintaining the state real estate cadastre, as well as information on the classification of the property to the identified objects of cultural heritage subject to state protection until a decision is made to include it in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation or to refuse to include it in this register, to the extent of the information determined by the procedure for maintaining the state real estate cadastre (paragraph 30 was introduced by the Federal Law of July 23 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083).

3. Publicly available information on the rights and restrictions (encumbrances) of rights to real estate contained in the Unified State Register of Rights to Real Estate and Transactions Therewith are considered to be included in the state real estate cadastre (Part 3 was introduced by Federal Law No. 23 July 2013 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083).

Article 8

real estate on the passage of the State

borders of the Russian Federation

The following information on the passage of the State Border of the Russian Federation shall be entered into the State Real Estate Cadastre:

1) description of the passage of the State Border of the Russian Federation;

2) details of international treaties of the Russian Federation, federal laws, in accordance with which the passage of the State Border of the Russian Federation has been established or changed;

3) details of documents on changes, clarifications of the course of the State Border of the Russian Federation on the ground, made in the procedure for checking the State Border of the Russian Federation on the basis of international treaties of the Russian Federation.

Article 9

real estate about the boundaries between entities

Russian Federation, boundaries of municipal

formations, boundaries of settlements

The following information is entered into the state real estate cadastre on the boundaries between the constituent entities of the Russian Federation, the boundaries of municipalities, and the boundaries of settlements:

1) description of the location of the borders between the subjects of the Russian Federation;

2) details of legal acts on the coordination and approval of changes in the borders between the constituent entities of the Russian Federation;

3) description of the location of the boundaries of municipalities;

4) details of legal acts on establishing or changing the boundaries of municipalities;

5) description of the location of the boundaries of settlements;

6) details of legal acts on establishing or changing the boundaries of settlements.

Article 10

real estate about territorial zones, zones with

special conditions for the use of territories

The following information on territorial zones, zones with special conditions for the use of territories is entered into the state real estate cadastre:

1) individual designations (kind, type, number, index, etc.) of such zones;

2) a description of the location of the boundaries of such zones;

3) the names of state authorities or local self-government bodies that made decisions on the establishment of such zones;

4) details of decisions of state authorities or local governments on the establishment or change of such zones and sources of official publication of these decisions;

Article 11

real estate on cadastral division

territory of the Russian Federation

The following information on the cadastral division of the territory of the Russian Federation is entered into the state real estate cadastre:

1) numbers of cadastral division units;

2) names of cadastral districts, cadastral regions;

3) descriptions of the location of the boundaries of cadastral division units;

4) details of legal acts on the establishment or change of units of cadastral division of the territory of the Russian Federation.

Article 12

real estate about cartographic and

geodetic foundations of the cadastre

1. The following information on the cartographic basis of the cadastre shall be entered into the state real estate cadastre:

1) the date of creation of the corresponding cartographic base of the cadastre;

2) information about the organization that created the corresponding cartographic basis of the cadastre;

3) the scale of the cartographic base of the cadastre;

4) the coordinate system of the cartographic basis of the cadastre.

2. The following information on the geodetic basis of the cadastre shall be entered into the state real estate cadastre:

1) catalogs (lists) of coordinates of points of reference boundary networks with an indication of the coordinate system;

2) types of signs of reference boundary networks;

3) descriptions of the location of points of reference boundary networks (outlines).

Article 13. Sections of the State Real Estate Cadastre

1. The State Real Estate Cadastre consists of the following sections:

1) register of real estate objects;

2) cadastral affairs;

3) cadastral maps.

2. The register of real estate objects is a systematized set of records about real estate objects in text form by describing the information about such objects entered into the state real estate cadastre (as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009 , N 52, item 6410).

3. Cadastral files are a set of completed and systematized documents, on the basis of which the relevant information is entered into the state real estate cadastre.

4. Cadastral maps are thematic maps compiled on a single cartographic basis, on which information entered into the state real estate cadastre is reproduced in graphical and textual form on land plots, buildings, structures, on objects of construction in progress, on the passage of the State Border of the Russian Federation, on the boundaries between the constituent entities of the Russian Federation, the boundaries of municipalities, the boundaries of settlements, on territorial zones, zones with special conditions for the use of territories, the cadastral division of the territory of the Russian Federation, and also indicates the location of points of reference boundary networks. The cadastral registration authority maintains in electronic form cadastral maps intended for use by an unlimited number of persons (hereinafter referred to as public cadastral maps). The composition of information on public cadastral maps, as well as the composition of information on other cadastral maps and the types of such maps, depending on the purpose of their use, are established by the regulatory body in the field of cadastral relations. Public cadastral maps are subject to placement on the official website of the cadastral registration authority on the Internet for viewing without submitting requests and charging a fee. Public cadastral maps also reproduce additional information provided to the cadastral registration authority by federal executive authorities, state authorities of the constituent entities of the Russian Federation and local governments. The composition, list of such information, the procedure and methods for their provision to the cadastral registration authority are determined by the Government of the Russian Federation Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Article 4083).

Article 14

state real estate cadastre

(the title of the article as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Art. 6410)

1. Publicly available information entered in the state real estate cadastre shall be provided by the cadastral registration authority at the request (hereinafter also in this article - requests for information) of any persons, including by mail, using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, as well as using a unified system of interdepartmental electronic interaction and regional systems of interdepartmental electronic interaction connected to it, the use of other technical means of communication, by providing access to an information resource containing information from the state real estate cadastre (As amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Art. 6410; Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013 , N 30, art. 4083).

2. Information entered into the state real estate cadastre is provided in the form of:

1) copies of the document on the basis of which information about the real estate object was entered into the state real estate cadastre;

2) cadastral extract on the property;

3) cadastral passport of the real estate object;

4) cadastral plan of the territory;

4-1) a cadastral certificate of the cadastral value of the property (paragraph 4-1 was introduced by Federal Law No. 250-FZ of July 23, 2013 - Collection of Legislation of the Russian Federation, 2013, No. 30, Art. 4083);

5) in a different form, determined by the regulatory body in the field of cadastral relations (as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Art. 6410).

3. A cadastral extract about a real estate object is an extract from the state real estate cadastre containing the requested information about a real estate object. If, in accordance with the cadastral information, the real estate object, information about which is requested, has ceased to exist, any cadastral extract about such an object, along with the requested information, must contain cadastral information about the termination of the existence of such an object.

4. The cadastral passport of a real estate object is an extract from the state real estate cadastre containing the unique characteristics of the real estate object, as well as, depending on the type of real estate object, other information about the real estate object provided for by this Federal Law (as amended by Federal Law No. 21 December 2009 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, item 6410).

5. The cadastral plan of the territory is a thematic plan of the cadastral quarter or another territory specified in the corresponding request within the cadastral quarter, which is drawn up on a cartographic basis and on which the requested information is reproduced in graphical and textual form.

5-1. The cadastral certificate of the cadastral value of a real estate object is an extract from the state real estate cadastre containing information on the cadastral value of the property and its cadastral number (part 5-1 was introduced by Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, No. 30, item 4083).

6. The cadastral registration authority has the right, at the request of any person, to provide generalized information obtained on the basis of publicly available cadastral information, including analytical information. Such information can be posted on the Internet on the official website of the cadastral registration authority and the official website of the body of legal regulation in the field of cadastral relations. The composition, types of such information, the timing of its provision, the procedure for its placement on the Internet on the indicated official websites are established by the regulatory body in the field of cadastral relations (as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection legislation of the Russian Federation, 2009, N 52, item 6410).

7. The regulatory body in the field of cadastral relations establishes the procedure for providing information entered into the state real estate cadastre, including:

1) the forms of the documents specified in paragraphs 2 - 4-1 of part 2 of this article, requests for information, as well as the requirements for the composition of the information of such documents and requests (as amended by Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083);

2) a list of documents attached to the request for information, and ways of submitting them to the cadastral registration authority;

3) requirements for the format of the documents specified in paragraphs 2 - 4-1 of part 2 of this article, requests for information, if such documents and requests are sent in electronic form (as amended by Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083);

4) the procedure for sending the documents specified in paragraphs 2 - 4-1 of part 2 of this article, requests for information, decisions to refuse to provide the requested information, notifications about the absence of the requested information in the state real estate cadastre, including by mail, using public information and telecommunication networks, including the Internet, including a single portal of state and municipal services, or other technical means of communication 2013, N 30, article 4083);

5) the procedure for providing information entered into the state real estate cadastre by providing access to an information resource containing information from the state real estate cadastre;

6) the terms for the provision of information entered in the state real estate cadastre, depending on the methods of their provision and taking into account the maximum period for the provision of such information established by this Federal Law.

(Part 7 as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Art. 6410)

8. Information entered into the state real estate cadastre, with the exception of information provided in the form of cadastral plans of territories, is provided within a period of not more than five working days from the date of receipt by the cadastral registration authority of the relevant request (maximum period), unless otherwise provided by this Federal Law. The deadline for providing the requested information in the form of cadastral plans of territories cannot exceed fifteen working days from the date of receipt by the cadastral registration authority of the corresponding request article 6410).

8-1. When sending a request through a multifunctional center, the deadline for providing information entered into the state real estate cadastre is calculated from the date such a request is transmitted by the multifunctional center to the cadastral registration authority (Part 8-1 was introduced by Federal Law No. Federation, 2012, N 31, article 4322).

8-2. At interdepartmental requests from federal executive bodies, their territorial bodies, state authorities of the constituent entities of the Russian Federation, local authorities subordinate to federal executive authorities, state authorities of the constituent entities of the Russian Federation or local authorities of organizations participating in the provision of state or municipal services, and multifunctional centers, the requested information, including cadastral plans of territories, is provided no later than five working days from the date of receipt by the cadastral registration authority of an interdepartmental request (Part 8-2 was introduced by Federal Law No. 2012, No. 31, item 4322).

9. If the provision of the requested information is not allowed in accordance with federal law or the state real estate cadastre does not contain the requested information, the cadastral registration authority, within the period provided for in Part 8 of this article, issues (sends) a reasoned decision to refuse to provide the requested information or a notice of the absence in the state real estate cadastre of the requested information. If there is an indication in the request about the receipt (issuance) of information entered in the state real estate cadastre, through the multifunctional center, the cadastral registration authority is obliged to transfer to the multifunctional center a document prepared within the time period provided for by part 8 of this article, containing the requested information, or a reasoned decision to refuse in providing the requested information, or a notification of the absence of the requested information in the state real estate cadastre (as amended by the Federal Law of December 21, 2009 N 334-FZ - Collection of Legislation of the Russian Federation, 2009, N 52, Art. 6410).

10. The decision to refuse to provide the requested information may be appealed in court.

11. For the provision of information entered in the state real estate cadastre, the provision of information specified in part 6 of this article, a fee is charged, except for cases established by federal laws. The amount of such a fee, the procedure for its collection and return are established by the body of legal regulation in the field of cadastral relations. The paid fee is subject to return only if it is paid in a larger amount than provided for by this part, while funds in the amount exceeding the amount of the established fee are subject to return (as amended by Federal Law No. Federation, 2009, N 52, article 6410; Federal Law of June 4, 2011 N 129-FZ - Collection of Legislation of the Russian Federation, 2011, N 23, article 3269).

12. The cadastral registration authority provides free information entered into the state real estate cadastre, with the exception of the cadastral plan of the territory in the form of a document on paper N 30, item 4083):

1) to federal executive bodies, their territorial bodies, state authorities of the constituent entities of the Russian Federation, local authorities subordinate to federal executive authorities, state authorities of the constituent entities of the Russian Federation or local authorities to organizations participating in the provision of state or municipal services, with the exception of cadastral engineers, and multifunctional centers (as amended by the Federal Law of July 28, 2012 N 133-FZ - Collection of Legislation of the Russian Federation, 2012, N 31, Art. 4322; Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, item 4083);

2) the State Corporation for the construction of Olympic facilities and the development of the city of Sochi as a mountain climatic resort in relation to land plots intended for the placement of Olympic facilities;

3) the Federal Fund for the Promotion of Housing Construction, if the relevant information is necessary to ensure the activities of the said Fund, carried out in accordance with the Federal Law of July 24, 2008 N 161-FZ "On the Promotion of Housing Construction" (as amended by the Federal Law of July 1 2011 N 169-FZ - Collection of Legislation of the Russian Federation, 2011, N 27, item 3880);

4) courts, law enforcement agencies, bailiffs who have cases in progress related to real estate objects and (or) their right holders, as well as the prosecutor's office of the Russian Federation in order to oversee the implementation of the legislation of the Russian Federation (as amended by the Federal Law dated July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, article 4083).

(Part 12 was introduced by Federal Law No. 129-FZ of June 4, 2011 - Collection of Legislation of the Russian Federation, 2011, No. 23, Art. 3269)

13. A cadastral certificate of the cadastral value of a property is provided free of charge at the request of any person (Part 13 was introduced by Federal Law No. 129-FZ of June 4, 2011 - Collection of Legislation of the Russian Federation, 2011, No. 23, Art. 3269; as amended by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Article 4083).

Article 15

state real estate cadastre

1. Bodies of state power and bodies of local self-government, in accordance with the procedure established in accordance with this article, are obliged to send documents for entering information into the state real estate cadastre in cases where they make decisions:

1) on establishing or changing the course of the State Border of the Russian Federation;

2) on the establishment or change of the border between the subjects of the Russian Federation, the boundaries of the municipality;

3) on establishing or changing the boundaries of a settlement;

4) on establishing or changing the boundaries of a zone with special conditions for the use of territories;

5) on approval of the rules for land use and development;

6) on changing the type of permitted use of the land plot;

7) on approval of the results of the state cadastral valuation of real estate objects;

8) on assigning addresses to real estate objects or on changing such addresses;

9) on issuing a permit to put the capital construction facility into operation;

10) on the transfer of residential premises to non-residential premises, non-residential premises to residential premises.

2. Bodies for the protection of cultural heritage objects, within a period of not more than five working days from the date of adoption of the relevant decisions, are obliged to send to the cadastral registration authority the documents necessary for entering information into the state real estate cadastre:

1) on the inclusion of a real estate object in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation;

2) on attributing the property to the identified objects of cultural heritage subject to state protection until a decision is made to include it in the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation or to refuse to include it in this register;

3) on the exclusion of a cultural heritage object from the unified state register of cultural heritage objects (monuments of history and culture) of the peoples of the Russian Federation;

4) on the refusal to include the identified object of cultural heritage in the unified state register of objects of cultural heritage (monuments of history and culture) of the peoples of the Russian Federation.

3. The body that maintains the state forest registry, or the body that maintains the state water registry, within a period of not more than five working days from the date of entering into such registers information about forests, water bodies, respectively, sends to the cadastral registration body the documents necessary for entering relevant information to the state real estate cadastre.

4. The list and content of documents sent by state authorities and local governments to the cadastral registration authority in the cases established by parts 1-3 of this article, the procedure for sending them, including using a unified system of interdepartmental electronic interaction and regional systems connected to it interdepartmental electronic interaction, the requirements for the format of such documents in electronic form are established by the Government of the Russian Federation (hereinafter referred to as the procedure for information interaction).

5. A mandatory annex to the documents sent to the cadastral registration authority, in accordance with paragraphs 2-5 of part 1 of this article, is a map (plan) of a land management facility prepared in accordance with the requirements established by Federal Law of June 18, 2001 N 78-FZ "About land management".

6. State authorities and local self-government bodies shall send documents to the cadastral registration authority in accordance with this article within five working days from the date of entry into force of the decisions specified in part 1 of this article, and if, in accordance with part 5 of this article requires a map (plan) of the land management object, within six months from the date of adoption of the decisions specified in part 1 of this article. In this case, the map (plan) of the land management object is sent in the form of an electronic document certified by an enhanced qualified electronic signature of the person who prepared it.

7. If the information specified in parts 1 and 2 of this article is not entered into the state real estate cadastre within the time limits established by this article, the interested person has the right to apply to the cadastral registration authority with an application for entering the relevant information into the state real estate cadastre. The cadastral registration authority independently requests documents containing the specified information from state authorities and local governments.

(Article 15 as amended by the Federal Law of July 23, 2013 N 250-FZ - Collection of Legislation of the Russian Federation, 2013, N 30, Art. 4083)

This article of agreement with an interested person when performing cadastral work is to determine the location of the border of such a land plot, which is also the border of another land plot owned by this interested person. The interested person is not entitled to raise objections regarding the location of parts of the boundaries that are not at the same time parts of the boundaries of the land plot belonging to him, or to coordinate the location of the boundaries on a reimbursable basis.

3. Coordination of the location of the boundaries is carried out with persons who have adjacent land plots on the right:

1) property (with the exception of cases when such adjacent land plots that are in state or municipal ownership are granted to citizens for lifetime inheritable possession, permanent (unlimited) use or to legal entities that are not state or municipal institutions or state-owned enterprises, for permanent ( perpetual) use);

2) lifetime inheritable possession;

3) permanent (perpetual) use (except for cases when such adjacent land plots are provided to state or municipal institutions, state-owned enterprises, state authorities or local governments for permanent (perpetual) use);

4) lease (if such adjacent land plots are in state or municipal ownership and the relevant lease agreement is concluded for a period of more than five years).

4. On behalf of the persons specified in Part 3 of this Article, their representatives shall have the right to participate in coordinating the location of the boundaries, acting by virtue of authority based on a notarized power of attorney, an indication of a federal law or an act of an authorized state body or local self-government body. At the same time, a representative of the owners of premises in an apartment building, authorized for such approval by a decision of the general meeting of these owners adopted in accordance with the procedure established by federal law (if the corresponding adjacent land plot is part of the common property of these owners), a representative owners of shares in the right of common ownership of a land plot from agricultural land - by a decision of the general meeting of owners of such shares (if the corresponding adjacent land plot is part of agricultural land and is owned by more than five persons), a representative of a horticultural or horticultural non-profit partnership - by a decision general meeting of members of a horticultural or horticultural non-profit partnership (if the corresponding adjacent land plot is located within the territory of jurisdiction of the citizens of gardening or horticulture for their own needs and is the property of the general use of the partnership). In coordinating the location of the borders on behalf of a state authority or local self-government body, a representative of this body authorized for such coordination by a power of attorney drawn up on the letterhead of this body and certified by the seal and signature of the head of this body has the right to participate. Notarization of this power of attorney is not required.

4.1. In cases stipulated by federal law, the Russian Highways State Company may participate on its own behalf in coordinating the location of the boundaries of land plots intended for the placement of federal highways of general use.

4.2. The boundaries of land plots formed in the course of the free transfer of military immovable property from federal property to the ownership of a constituent entity of the Russian Federation or municipal property are subject to agreement with the authorized executive body of the constituent entity of the Russian Federation or the local self-government body of the municipal formation, into whose ownership the said property is subject to free transfer. The boundaries of land plots are considered agreed if there is a letter from the executive authority of a constituent entity of the Russian Federation or a local self-government body on their agreement with the application of an agreed draft of the boundaries of the land plot.

5. Coordination of the location of the boundaries is carried out at the choice of the customer of cadastral works with the establishment of the boundaries of land plots on the ground or without establishing the boundaries of land plots on the ground.

The interested person has the right to demand coordination of the location of the boundaries with their establishment on the ground. In this case, such coordination is carried out with the establishment of appropriate boundaries on the ground, with the exception of the cases provided for by part 6 of this article.

6. The coordination of the location of the boundaries is carried out without their establishment on the ground, regardless of the requirements of the interested parties, if:

1) land plots, the location of the boundaries of which is agreed upon, are forest plots, land plots as part of lands of specially protected natural territories and objects or as part of agricultural land intended for the traditional use of natural resources by the indigenous peoples of the North, Siberia and the Far East of the Russian Federation;

2) the location of the boundaries of land plots subject to agreement is determined by indicating natural objects or objects of artificial origin or their external boundaries, information about which is contained in the Unified State Register of Real Estate, which makes it possible to determine the location of the boundaries of such land plots subject to agreement;

3) the location of the boundaries of the land plots subject to agreement is determined by the location on one of such land plots of a linear object and the norms of land allocation for its placement.

7. Coordination of the location of the boundaries at the choice of the cadastral engineer is carried out by holding a meeting of interested parties or individually agreeing with the interested party. Coordination of the location of the boundaries by holding a meeting of interested persons without establishing the boundaries of land plots on the ground is carried out on the territory of the settlement within the boundaries of which the relevant land plots are located or which is the nearest settlement to the location of the relevant land plots, unless another place is determined by the cadastral engineer by agreement with interested parties.

8. If the location of the borders is agreed upon by holding a meeting of interested persons, a notice of the meeting on the coordination of the location of the borders is handed to these persons or their representatives against receipt, sent to the e-mail address and (or) postal address at which contact is made with the person whose right on the real estate object is registered, as well as with the person in whose favor the restriction of the right or encumbrance of the real estate object is registered, contained in the Unified State Register of Real Estate in accordance with paragraph 7 of Part 3 of Article 9 of the Federal Law of July 13, 2015 N 218-FZ "On State registration of real estate", with notification of delivery (if such information is available in the Unified State Register of Real Estate) or is published in the manner established for the official publication of municipal legal acts, other official information of the relevant municipality. Publication of a notice of a meeting to coordinate the location of the boundaries is allowed if:

1) in the Unified State Register of Real Estate there is no information about the e-mail address or the postal address of any of the interested parties, or a notice has been received of holding a meeting to agree on the location of the boundaries, sent to the interested person by mail, with a note about the impossibility of delivery;

2) an adjacent land plot is located within the boundaries of the territory of gardening or horticulture for their own needs by citizens and belongs to common use property, or is part of agricultural land and is owned by more than five persons, or is part of the common property of owners of premises in an apartment building home;

3) land plots in respect of which cadastral work is carried out are forest plots.

9. The notice of the meeting on the coordination of the location of the boundaries must indicate:

1) information about the customer of the relevant cadastral works, including the postal address and contact telephone number;

2) information about the cadastral engineer performing the relevant cadastral work, including his postal address, email address and contact phone number;

3) cadastral number and address of the land plot in respect of which the relevant cadastral work is being carried out, cadastral numbers and addresses of land plots adjacent to it (in the absence of addresses, information about the location of the land plots is indicated) or the cadastral number of the cadastral quarter within which the said land plots are located ;

4) the procedure for familiarization with the draft boundary plan, the place or address where this draft can be familiarized from the date of delivery, sending or publication of the notice;

5) the place, date and time of the meeting to agree on the location of the boundaries;

6) the terms and postal address for the delivery or sending by interested persons of the requirements for the coordination of the location of the boundaries with the establishment of such boundaries on the ground and (or) in writing justified objections to the location of the boundaries of the land plots after familiarization with the draft boundary plan.

10. A notice of a meeting to agree on the location of the boundaries must be handed in, sent or published no later than thirty days before the day of the meeting. In this case, the period specified in paragraph 6 of part 9 of this article may not be less than fifteen days from the date of receipt by the person concerned of the relevant notice. The approximate form of the notice is established by the body of legal regulation in the field of cadastral relations. An interested person who refuses to accept a notice of a meeting on the coordination of the location of the boundaries is considered to be duly notified of the holding of this meeting. When coordinating the location of the boundaries of land plots on an individual basis, the requirements of this article on the procedure for notifying interested parties do not apply.

11. When coordinating the location of the boundaries, the cadastral engineer must:

1) check the powers of interested persons or their representatives;

2) provide an opportunity to familiarize interested persons or their representatives with the relevant draft boundary plan and provide the necessary explanations regarding its content;

3) indicate to interested persons or their representatives the location of the boundaries of land plots on the ground to be agreed upon (in case of agreement on the location of the boundaries with their establishment on the ground).

12. When coordinating the location of the boundaries, the interested parties or their representatives shall present to the cadastral engineer identification documents, documents confirming the powers of the representatives of the interested parties, as well as documents confirming the rights of the interested parties to the relevant land plots (except if information about the registered right interested person to the relevant land plot are contained in the Unified State Register of Real Estate).

Judicial practice under article 39 of the Federal Law of July 24, 2007 No. 221-FZ

Decision dated February 12, 2019 in case No. А32-39751/2018

Arbitration Court of the Krasnodar Territory (AC of the Krasnodar Territory)

2015 No. 218-FZ "On state registration of real estate", Requirements for the preparation of a land survey plan, approved by order of the Ministry of Economic Development of the Russian Federation No. 921 dated 08.12.2015; Parts 1, 3 of Article 39 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities”; paragraph 4 of Article 14 of the Federal Law of July 24, 2002 No. 101-FZ (as amended on December 29 ....

Decision No. 2-130/2019 2-130/2019~M-44/2019 M-44/2019 dated January 30, 2019 in case No. 2-130/2019

Yashkinsky district court (Kemerovo region) - Civil and administrative

The land plot on the lands of the forest fund is confirmed by the conclusion of the Federal State Budgetary Institution "Roslesinforg" No. 11. He believes that the cadastral registration of the disputed land plot was carried out in violation of Articles 39, 45, Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”, and should be declared null and void, since it was committed in violation of the requirements of current legislation. Requests: 1. ...

Judgment dated January 29, 2019 in case No. А55-5320/2018

Arbitration Court of the Volga District (FAS PO)

4.1). Forest plots as part of the forest fund lands, the state cadastral registration of which was not carried out, are recognized as previously registered real estate objects. By virtue of Part 6 of Article 39 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”, the boundaries of forest land plots are agreed upon without establishing them on the ground. Part 6 of article 47 ...

Decision No. 2-1296/2018 2-98/2019 2-98/2019(2-1296/2018;)~M-1229/2018 M-1229/2018 dated January 28, 2019 in case No. 2-1296/2018

Kinel-Cherkassky District Court (Samara Region) - Civil and administrative

Basic information about the property is entered, including a description of the location of the property and area, if the property is a land plot. In accordance with Part.1 Article. 39 of the Federal Law of July 24, 2007 No. 221-FZ “On Cadastral Activities” (until January 1, 2017, the Law was called “On the State Real Estate Cadastre”), the location of the boundaries of land plots is subject to ...