Today we’ll talk about GKN. Deciphering this abbreviation does not mean anything to some citizens. But in vain - because for each of us, the property issue is always among the most important. Any owner prefers a situation when his affairs are in perfect order, and the documents are drawn up properly. When it comes to real estate, issues are more than serious.
In order to streamline a lot of information related to this area, the authorities planned to create a special body - the State Property Committee (decryption - State Real Estate Cadastre). In the article proposed to the reader, we will try to explain in detail what is at stake.
What is GKN - decoding and essence of the concept
This government agency is a database that covers a wide variety of real estate properties and knows their accounting. Only objects located on the territory of our country are subject to coverage. The information contained in it is only recorded and documented.
The purpose of its creation is to ensure real estate circulation among citizens. In the process of adjusting all issues related to real estate, the state cadastre system performs an important function due to its work in close connection with planning and state forecasting authorities, sectoral natural resources accounting, the tax system, and authorities in charge of registering rights to such objects.
What are the tasks of the SCN
These include:
1. Providing guaranteed ownership for property owners.
2. Ensuring the ability to effectively operate the tax system in this area.
3. Implementation of the operation procedure of the GKN facilities in the most productive and thoughtful way.
GKN is based on three key foundations - accounting, fiscal and information. The first is in demand for registration with the Unified State Register of Enterprises, thanks to the second, a tax base is established, for which there is a need for state cadastral valuation of real estate. The task of the latter is to inform the authorities and management, as well as persons (individuals and legal entities) on the legal status of a particular property and its cadastral value. Each task is in charge of a specific section of the SCN.
A bit of history
How was the development of the state real estate cadastre in our country? His device is based on the principles and problems of management, which were relevant many hundreds of years ago. The first mention of them dates back to the 10th century. The type of accounting at that time was mainly used to assess the value of land and to collect land tax. The main cadastral documents of that time contained the division of land into lands with available measurement data and indications of the degree of land fertility.
This system has entered a new round of development since 1765 thanks to the approval of the commission in charge of state land surveying. This step was taken in order to protect the interests of the then landowners. Surveying work lasted a very, very long time and ended only at the beginning of the 19th century. The cadastre of that time included data not only on land plots, but also on forest funds and city lands, including in yards. The documentation of that century contained information about the size of the plots listing the available buildings, as well as a lot of information about the owners of real estate.
As it was during the Soviet era
In the era of the USSR, land accounting was practically not carried out. This was due to the fact that the territory was considered public. There were only BTIs responsible for accounting for buildings and structures, together with their technical characteristics. By official affiliation, the land belonged to the Ministry of Agriculture.
Since 1998, with the change of ownership and the emergence of a class of landowners, the problem of protecting their interests has become urgent again. It was then, in 2000, that the law on the State Property Committee - the State Land Cadastre was adopted. In 2004, the idea arose of creating the State Property Committee of the Russian Federation - the state real estate cadastre. But it was implemented only in 2007 with the release of Law No. 221-FZ. The date of its publication is July 24, 2007. This moment can be considered the beginning of the official functioning of the modern form of cadastral registration.
What relates to the objects of the State Committee for Civil Defense?
Such objects are all land plots that make up the territory of the Russian Federation. In addition, all immovable property objects of a nature for the period of their registration are subject to accounting by this state body. Each of them, as a rule, is owned by an individual or legal entity, enterprise (organization), land committee or administration (or federal self-government body).
The data related to each specified object should be stored in two formats at once - paper and digital. Each property unit has its own unique cadastral number. It is from him that one can easily determine the owner of an object and its location. Information to citizens and all interested parties is issued in accordance with the approved request form for information of the State Committee for Civil Protection.
The functions of the organs of the State Committee
As already mentioned, the purpose of the SCN is the task of maintaining a huge database of information about all immovable objects geographically located within the borders of the Russian Federation. The right to access its database is vested in several organizations. What are these subjects? We are talking about the Government of the Russian Federation, the Ministry of Economic Development of the Russian Federation, Rosreestr and its subordinate institutions.
The first two of the above bodies are engaged in regulatory regulation with the release of relevant acts. For the operation of the SCN, Rosreestr is instructed to create, within the limits of its own authority, regulatory documents of a departmental level. Rosreestr also implements the procedure of direct cadastral registration in its territorial bodies, which are available in each subject of the Russian Federation. In addition, his subordinate state institutions and territorial departments of management are engaged in this work.
Are there any errors in the SCN?
Like any resource consisting of a huge amount of information entered into the database by ordinary employees, the State Real Estate Cadastre may also suffer from some errors in the content of records about any particular real estate object. Occurring occasionally errors can be divided into a couple of basic types.
A technical error can occur due to the fault of the Rosreestr employees themselves and exist in the form of a typo, typo, and other inaccuracies of this nature. Because of this, a discrepancy may occur between the data entered in the SCN database and the real situation.
Errors of a cadastral nature relate to those inaccuracies that already exist in the documentation that go to registration with the State Property Committee. The size of the territory may be incorrectly indicated in the papers, the address of the immovable object may be mixed up, and other inaccuracies of a factual nature may be made. The identification of errors usually occurs randomly in the process of real estate transactions by owners. As such, the procedure of registration or deregistration from it, as well as the order of extract from Rosreestr and its issuance, can serve.
About different periods of registration
In addition, problems may arise regarding real estate registered earlier than March 1, 2008. In this case, a situation is possible when two neighboring objects are registered at different times - the first before the mentioned date, and the neighboring after. In this case, with later accounting, an inaccurate indication of the boundaries is possible. Part of the first object may be cut off and attached to the second. At the same time, the owner of the impaired territory may not know anything about this at all, since he did not participate in the new land surveying procedure.
Identification of errors in the documents of the State Property Committee, in particular in the cadastral passport, requires mandatory correction. For this purpose, the applicant (most often the owner) must fill out an appropriate application to correct such a mistake. It is transmitted personally to the Rosreestr employee or through the public services website, as well as by mail.
The statement is accompanied by the necessary package of documents capable of confirming the presence of this error or inaccuracy. State duty in this case is not charged. The cadastral chamber shall consider the submitted application within five working days. When a decision is made, the verification result is sent in writing to the applicant, then a copy of the document with corrections and a new cadastral passport are sent to him. If confirmation of error did not occur, a notification is not received to the applicant.
In case of disagreement of the applicant or owner with the decision taken by the Federal Register of Registers, it is possible to consider the case in court. The court is obliged to analyze in detail all documents containing errors. If the lawsuit is denied, the court decision may be appealed to a higher authority.
In which cases changes are made to the SCN
The data stored in the State Property Committee relate to the current status of immovable objects. That is why, if there are any changes, it is the duty of the property owner to convey information about this to Rosreestr. In what situations are the changes required to be recorded in the SCN?
1. The area of the site has changed.
2. The address of the object has changed.
3. The construction is completed.
4. Increased or decreased cadastral value.
5. New objects are registered.
6. Non-existent objects, in turn, are deregistered.
7. An object or land has changed its purpose.
8. Property rights have been restricted (for example, a burden in connection with a bank loan).
9. The name of the property has changed.
The right of such changes belongs only to the owner. If the organization acts as such, the procedure is assigned to the head.
It is mandatory to provide the Rosreestr with a document confirming the ownership of the object. The full list of required papers should be specified specifically for each situation.
In what order should be acted upon by changes?
The sequence of actions is as follows:
1. Changes are documented.
2. An extract is issued from the State Property Committee with a mapping of the discrepancy in the current position of the immovable object.
3. An appeal is made to the Rosreestr with all the documents in order to re-register the cadastral passport.
4. The necessary document is being received.
An application for changes in cadastral data, as well as any request for information to the State Property Committee, can be submitted through the Rosreestr website. You can also just get an appointment with his registrar. Due to the need for personal submission of documentation, the second option is preferable. That is, you collect documents and refer them to the territorial authority of the Rosreestr or to the MFC.
How much to wait
The normative period for making such changes is 18 days (when applying through the MFC - 21 days). The state duty for the procedure for an individual will be from 200 to 800 rubles, legal entities will have to pay more. The rate in this case depends on the specific situation.
The procedure may be denied due to a lack of necessary documents or the presence of errors in them.
If the owner does not want to inform Rosreestr of the changes that have occurred with the property belonging to him, there may be problems in a number of situations related to the turnover, for example, when trying to donate, sell or bequeath this property.
Now the reader knows the meaning of the GKN decryption, as well as its main functions that can be used by the owner in their interests. Below we show what form of request for information to the State Committee on Taxes you should fill out by contacting the Rosreestr website.