Carrying out land surveying according to the new laws of the Russian Federation

Land surveying has grown in significance for Russian developers and property owners in recent years. The process of surveying land has changed significantly in the Russian Federation as a result of new laws. In the end, everyone involved in real estate transactions and development projects will gain from these new regulations, which are designed to ensure more precise and transparent land measurements.

Determining property lines, organizing building projects, and settling neighborly conflicts all depend on land surveying. The recently enacted legislation in Russia offers precise instructions on who can conduct surveys, how they should be carried out, and what paperwork is needed. Landowners can stay out of trouble with the law and make sure their property is accurately recorded in official records by following these guidelines.

The new regulations place a strong emphasis on utilizing contemporary technology. These days, surveyors are urged to use cutting-edge instruments like GPS and GIS systems, which offer incredibly accurate measurements. This technological breakthrough expedites the process and increases accuracy for land surveys, resulting in a more efficient outcome for all stakeholders.

Anyone involved in land ownership or development in Russia must comprehend these new laws and their implications. Keeping up with these changes can help you, as a private property owner, real estate developer, or construction industry professional, avoid potential legal pitfalls and have a smooth surveying process. This post will walk you through the main features of the new rules and provide helpful guidance on how to effectively comply with them.

Federal Law No. 218-FZ dated 13.07.2024

Land plot transactions are specifically covered by this law because they are considered real estate and can have registered ownership.

The owners utilise several plots out of them. Federal Law No. 218 states that they cannot be sold as long as the municipality, rather than the true owner, owns the property.

What exactly regulates

The relationship between individuals and legal entities in relation to the emergence of ownership is governed by the Federal Law "On State Registration of Real Estate." Any real estate must have its ownership legally assigned to it.

Following the registration process and data entry into the EGRN (Unified State Register of Real Estate), the right is established.

Subject to state registration, all real estate transactions, including those involving land, are deemed completed.

What is the state real estate register

All registered real estate properties’ details can be found in the State Register of Real Estate, a comprehensive and trustworthy database.

The state cadastre and the register of rights are combined under EGRN as of the beginning of 2017.

A copy of the Unified State Register of Real Estate serves as confirmation that the information is available. The public can access the register’s basic data.

An extract from the Unified State Register of Real Estate is now issued in place of a Certificate of Ownership. There is equal legal significance to both documents.

The following information about the land plot is available in the Unified State Register:

• cadastral number;
• address;
• Owner"s full name;
• square;
• cadastral value;
• presence of encumbrances;
• drawing (subject to land surveying).

Entering data

The following paperwork is required in order to add new information to the Unified State Register of Real Estate:

• statement;
• passport;
• title documents for the site;
• documents from which data will be entered (for example, land survey plan, purchase and sale agreement);
• court decision (when resolving a case through court).

The data is processed and then added to the database.

Error correction

Both registry and technical errors can occur in the Unified State Register. The first can happen if an entry is entered wrong. Once an application has been submitted to Rosreestr or via the MFC, they are corrected.

Similarly, registry errors that significantly alter the data and result in border crossings are fixed. You will need to submit documentation or a court ruling to substantiate your statements.

Registration of ownership

You must register ownership in order to manage the land to its full potential. Possession by right of use is permitted by law. However, the land plot needs to be registered with Rosreestr in order to be used in a sale, gift, or bequest.

Documentation

To register a piece of land and other real estate The aforementioned records are necessary:

• passport;
• statement;
• title documents;
• boundary plan (if any);
• receipt of payment of state duty.

Who has the right to register real estate

Property is registered with the federal agency Rosreestr’s branches. Every city has them.

Registering ownership through "My Documents" or MFC offices is very convenient.

Is it possible to legalize land without documents??

This depends on the type of land plot that was received. In order to issue a duplicate, you must begin your search for the lost documents if the earth was made available for use during the Soviet era. You should get in touch with the city archives to do this.

In order to legalize a plot of land that is based on self-capture (on SNT ownerless lands) and does not cause disturbance to other neighbors, you must get in touch with the municipality’s land management department. You will need to back up your claims that you treated this land like your own with substantial proof.

Illegality of the procedure

If documentation is not completed correctly, land surveying could be deemed unsuccessful and unlawful. The process for entering into a contract with interested parties—neighbors of nearby plots—is most frequently broken.

Responsibility for violation of registration rules

The cadastral engineer is in charge of land surveying and document preparation for the Unified State Register of Real Estate. He assumes property liability and forfeits his qualification certificate in the event of an error. Criminal liability may be incurred if significant harm is inflicted.

Federal Law No. 221-FZ (from 24.07.2007

2007 saw the adoption and implementation of the Federal Law "On Cadastral Activity" (Federal Law of the Russian Federation No. 221). From that point on, the clock started counting down to the systematic cadastral activity that was closely associated with the registration of land plot rights under Rosreestr.

What it regulates

In order to facilitate the organized recording of land plot ownership transfers at the federal level, the State Real Estate Cadastre was established.

This law governs every aspect of cadastral activity, including land surveying.

This legal act states that a specialist must be involved in order to transfer plot data to a systematized database.

The law states that the only person qualified to carry out cadastral work is a cadastral engineer.

Among his duties are carrying out the surveying process:

• collection and study of documentation for the land plot;
• carrying out geodetic work (determining turning points of borders);
• coordinates the location of borders;
• preparation of documentation for transfer to the state cadastre.

Rosreestr and its branches are responsible for overseeing associations of cadastral engineers (Article 3.2 Federal Law of the Russian Federation No. 221). Although they don’t directly report to this federal agency, cadastral engineers collaborate often to produce higher-quality work.

Requirements for cadastral activities

Self-regulatory organizations of cadastral engineers handle cadastral activities. This indicates that businesses are founded by cadastral engineers themselves rather than "from above."

Commercial organizations are established to offer cadastral activities services to the general public and legal entities at a cost.

A crucial component of cadastral work involves the process of land surveying.

Participation is entirely voluntary.

The law and other legal acts of the Ministry of Economic Development specify every need for the order and completion of these works.

The following criteria are outlined in Federal Law No. 221 for cadastral engineers:

• citizenship of the Russian Federation;
• availability of a qualification certificate;
• higher education;
• Experience as an assistant cadastral engineer for at least 2 years;
• no criminal record;
• no professional disqualification;
• civil liability insurance contract.

The self-regulatory organization and the land plot owner come to a contract agreement wherein the cadastral engineer agrees to perform cadastral work for a predetermined fee.

A comprehensive estimate is prepared in order to ascertain the cost. Each case has a different quantity of cadastral works, thus their costs vary as well.

Data entered into the state cadastre database is made publicly accessible, or public.

Complex cadastral works

Cadastral works are divided into multiple phases:

1. Preparatory work. The owner of the site submits an application to the commercial organization of cadastral engineers. Next, an agreement is concluded between the customer and the contractor. It is possible to make an advance payment. A cadastral engineer studies documents on the site.
2. Direct visit to the site. Determining boundaries on the ground, installing pegs, determining the area of ​​the site. In some cases, drawing up an approval act.
3. Processing of all data and preparation of documents on it.
4. Transfer of information to Rosreestr.
5. Processing of all data, assigning a cadastral number, entering information into the Unified State Register of Real Estate.

Those whose plots were added to the state cadastre using a streamlined process—that is, without the need for land surveying—are exempt from this process.

Legislatively established procedure for border approval

The steps you take to coordinate and set adjacent boundaries with your neighbors will depend on the outcomes of your negotiations.

An oral agreement on the border’s location is the most practical. Both parties have to make concessions.

Written communication is used to coordinate.

The following parties (apart from the contractor and the customer) have the right to sign an agreement act that the cadastral engineer fills out:

• owners of adjacent plots;
• users on the right of lifelong inheritable possession or perpetual use;
• tenants (for a lease term of more than 5 years);
• their representatives (the power of attorney must be notarized).

The cadastral engineer decides whether to call a meeting or handle the problem one-on-one. Neighbors who are interested are invited to coordinate by delivering a notice that requires signatures.

Publication in a newspaper

Another method of notification may be used if the owners of adjacent plots’ addresses are unknown. The Federal Law of the Russian Federation No. 221 specifies in Article 39, paragraph 8 the conditions that must be met for a meeting notice to be published in a newspaper.

There are instances where the address is absent from both the USRN database and the SNT Board. This indicates that the notice cannot be mailed or delivered in person. In this instance, direct that a notice of an upcoming meeting for approval be published in the newspaper no later than thirty days.

Certificate of approval

The Federal Law of the Russian Federation No. 221 provides for the act of approval in Article 40. Its fundamental quality is the lack of opposition to the site’s boundaries. Neighbors of nearby plots and interested parties sign the approval act.

The following guidelines are followed when registering it:

• the act is signed by the owners or users of neighboring plots, but not by their relatives;
• the document contains the details of each person and a link to a document that confirms their rights to the adjacent plot;
• the act is drawn up on the reverse side of the boundary plan drawing;
• all objections are included in the document.

Act of approval: part boundary plan that is required.

Sample

The following details are contained in the certificate of approval:

• cadastral number of the customer"s site;
• land area;
• boundaries that are subject to clarification;
• details of adjacent plots: cadastral number;
• Full name of the interested person, details of the document confirming ownership or power of attorney number;
• separate column – signature and number (for neighbors);
• opposite each surname – the method of notification.

Plot owner and cadastral engineer’s signature and seal certify this document.

Federal Law 447-FZ dated 22.12.2024

The most recent version of Federal Law of the Russian Federation No. 447, "On Amendments to the Law "On the State Cadastre of Real Estate," was approved at the close of 2014. We are discussing changes to Federal Law No. 221 "On the State Real Estate Cadastre," a law that was passed in 2007.

Changes

Changes to a legal decree that governs cadastral activities include the following:

1. The time frame for cadastral registration has been reduced from 10 to 3 days.
2. The system for correcting errors in the cadastre has been streamlined.
3. New chapter (chap.4.1) dedicated to complex cadastral work. These are free works that are carried out on the territory of a cadastral quarter or several adjacent ones.
4. The period for state registration of rights has been reduced to 10 days.

Every modification was created following a review of the cadastral operations from prior years. Their goal was to increase cadastral registration’s effectiveness.

Is defining boundaries a mandatory procedure?

Conducting surveys is not an obligatory process.

Numerous dacha plots in SNT are listed in the cadastral register but have not yet been demarcated.

For these areas, ownership rights have been registered. They can be sold in this situation without any additional restrictions.

When there is disagreement over boundaries with neighbors, land surveying is also done.

Land surveying is not required before selling someone your own plot of land. However, you must be aware that this process will raise your plot’s market value.

Price

The cost of land surveying services is high for the property owner. Prices differ significantly based on:

• region;
• squares;
• outlines of the site;
• distance from the city.

The cost of hiring a cadastral engineer to survey a six-acre garden plot will likely run you 10,000 rubles. The cost might be roughly $5,000 if the plot’s arrangement is accurate and it is situated inside a city.

However, pensioners frequently lack even this sum. As a result, you must tackle the problem of land surveying logically. Land surveying is not necessary if you have registered ownership of the garden plot and obtained a cadastral passport. Whether there will be a demand for it is another question.

However, there are currently persistent rumors on various Internet platforms regarding mandatory land surveying and the lack of deferment, with Federal Law No. 477 cited as proof. This law is incorrectly cited; it speaks of modifications to the Tax Code rather than the state cadastre.

The news is also inaccurate; no legal provision requires the determination of boundary plots.

Useful video

Watch this fascinating video that discusses the characteristics of the new laws’ boundary-determining process.

Step	Description
1. Understand the new laws	Familiarize yourself with the latest regulations on land surveying in Russia.
2. Gather necessary documents	Collect property deeds, identification, and other required papers.
3. Hire a licensed surveyor	Find a certified professional to conduct the survey according to the new laws.
4. Conduct the survey	The surveyor will measure the land and mark boundaries as per the new regulations.
5. Submit the survey results	File the completed survey with the relevant government office for approval.
6. Update land records	Ensure the updated survey is recorded in official land registries.

It is imperative for all individuals involved in construction and renovation projects to comprehend the latest modifications made to land surveying legislation in the Russian Federation. The objective of these updates is to improve efficiency and transparency for professionals and property owners by streamlining the process. You can guarantee that your projects adhere to legal requirements and prevent delays and complications by becoming acquainted with the new regulations.

The surveying process is made simpler by the new laws, which introduce standardized procedures and digital tools. By increasing accuracy and decreasing human error, this modernization makes sure that property lines and boundaries are drawn accurately. These advancements translate into faster response times and more dependable data for those in the construction sector, which eventually leads to more seamless project execution.

The modifications also highlight how crucial professional credentials are for land surveyors. This increases the dependability of the outcomes by guaranteeing that the crucial task of land measurement is being handled by only qualified professionals. Knowing that their land is accurately surveyed by trained professionals gives property owners peace of mind.

While there may be some initial adjustment involved in adjusting to these new laws, the long-term advantages are evident. Accuracy and efficiency in your building and renovation projects can be improved by accepting the new rules and making use of the new resources. Maintaining up-to-date knowledge and adhering to the most recent legal requirements will safeguard your investments and enhance the Russian construction sector as a whole.

With the goal of improving accuracy and streamlining procedures, new legislation has recently altered land surveying procedures in Russia. It is imperative that developers and property owners comprehend these new laws in order to guarantee compliance and prevent legal issues. In order to successfully complete land surveying under the most recent guidelines from the Russian Federation, this article will walk you through the updated regulations, emphasizing the necessary steps and considerations.

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