The cadastre is an information system at the disposal of the authorities, in which all information about existing facilities in the country is entered. The legislation provides for the procedure for entering information into the database and the status of persons responsible for its formation.
Why is it created
The cadastre is the result of the state’s desire to combine in one source all available information about real estate.
It contains information of a technical and legal nature. One of the functions is to organize information about rights to objects (first of all, property rights). It is not so rare that situations arise when, for example, one section overlaps another and, as a result, a conflict arises between the two owners.
Legislative changes
Until 2018, two databases operated in the Russian Federation:
- the cadastre itself as a list of objects with technical characteristics (area, material of which the object consists, etc.);
- register of rights - information about the owners (owners, tenants), information about encumbrances, etc.
Now all available databases are combined into one. For what reasons has the accounting and registration system been changed?
The procedures were reduced, additional risks of entering false information disappeared. Previously, it happened that conflicting information was entered into the cadastre and the registry. The result was lengthy litigation, the participants of which became the authorities responsible for accounting.
Now the question of whether the cadastre is that is not entirely legitimate. It is more correct to ask about the register of rights and its purpose.
Normative regulation
In 2015, the Law on Registration of Real Estate Rights was adopted. It serves as the basis for combining the two registers, and also describes the procedure for entering information previously attributable to the state real estate cadastre.
The Law “On Cadastral Activities” was adopted in 2007. Since 2015, a number of articles of the law have ceased to be in force. But now he regulates the situation of cadastral engineers, the list and procedure for conducting individual cadastral works. The general procedure for cadastral registration is fully regulated by the new law.
Cadastral works are carried out taking into account the provisions of other laws:
- land code;
- forest code;
- the law governing the circulation of agricultural land.
What tasks are performed?
The cadastre is a way to control and supervise the use of real estate. The right to transfer data belongs to either the owner or the person with the right to own. The database allows you to organize information about the price of objects. Not so long ago, a decision was made to collect taxes, starting from the cadastral value of real estate.
The staff of the cadastral chamber, and now Rossreestra are responsible for the formation of a single public card. It allows you to find information in the registry about any property, its owners. Of course, provided that they were contributed by interested parties.
The map helps with the management and planning of urban development activities. Citizens also use it, looking for sites not occupied by anyone.
The state cadastre is also information about the borders between the entities, about the international borders of the Russian Federation.
Information on strategic properties and nature reserves is separately stored.
On the basis of which information about objects is entered
An application is submitted, documents are attached to it:
- documents confirming the rights to real estate (acts of authorities, court decisions)
- technical passport for the building;
- technical documentation for the land (boundary plan, act of entering the boundaries of the plot, etc.).
But the objects are started cadastral affairs, including title and technical documents. Cases are formed in paper and electronic form.
Information may also be entered on the basis of a decision of the authority, in the case specified in the law. If the site or structure has ceased to exist, an appropriate entry is made. Previously established cases in this case remain at the disposal of the information system.
The law indicates the right of executive authorities to demand to remove an object from the register if rights to it have not been registered for 5 years.
Finally
Today in the Russian Federation a unified system of real estate accounting is being created. The first comprehensive law was adopted in 1997. In 2015, a new document was adopted. One of the innovations is the integration of the register of rights and the real estate cadastre. It was previously just a collection of technical information and records on the evaluation of objects.
Now, cadastral registration and registration of rights are being carried out simultaneously with the aim of eliminating the confusion previously encountered when maintaining two databases simultaneously.
If you touch on the interests of citizens, then directly for them little has changed. They submit an application in the approved form and attach a package of documents. The only difference is that accounting is not a separate procedure.