Explanation of Federal state budgetary institution «Federal Cadastral Chamber of Federal Registration Service» concerning entering of data on location of borders of settlements and territorial zones into the Unified state register of the real estate
In communication with entry into force of the Federal law dated 12/31/2017 No. 507-FZ "About introduction of amendments to the Town-planning code of the Russian Federation and separate acts of the Russian Federation" (further – the Law No. 507-FZ) Federal state budgetary institution «Federal Cadastral Chamber of Federal Registration Service» has made explanations concerning entering into the Unified state register of the real estate of data on location of borders of settlements and territorial zones.
In particular, Establishment has noted that according to part 18.1. article 32 of the Federal law dated 7/13/2015 No. 218-FZ "About the state registration of the real estate" the annex to the documents (which are contained in them to the data), sent to body of registration of the rights about establishment or change of borders of settlements, territorial zones are the text and graphic descriptions of location of borders of settlements, territorial zones prepared in an electronic form, the list of coordinates of characteristic points of these borders.
At the same time a form of graphic and text descriptions of borders, requirements to the accuracy of determination of coordinates of characteristic points of borders, a format of the electronic document containing the specified data are established by the federal executive authority which is carrying out functions of the state cadastral registration of real estate, the state registration of the rights for real estate and transactions with him. So far the specified forms and requirements aren't established.
According to the letter of the Ministry of Economic Development of the Russian Federation dated 2/19/2018 No 4118-BA/D23a until the statement of a new format of the electronic document conforming to requirements of the Law No. 507-FZ it is recommended to use as the document containing the description of borders of settlements, territorial zones the card (plan) of an object of land management, a form and requirements to which drawing up are approved by the resolution of the Government of the Russian Federation dated 7/30/2009 No. 621.
According to item 33 of Rules of providing the documents directed or provided to the federal executive authority (his territorial authorities) authorized by the Government of the Russian Federation for implementation of the state cadastral registration, the state registration of the rights, maintaining in the Unified state register of the real estate and providing the data which are contained in Unified state register of the real estate approved by the Resolution of the Government of the Russian Federation from 12/31/2015 No. 1532 according to parts 1, 3 - 13, 15 of article 32 of the Federal law «About the State Registration of the Real Estate», within information exchange the documents containing data on borders of settlements, territorial zones are provided in the form of the electronic document in the XML format.
Until the approval of the corresponding XML scheme used for formation of the XML documents containing text and graphic descriptions of borders of settlements, territorial zones, the list of coordinates of characteristic points of these borders, the Federal state budgetary institution «Federal Cadastral Chamber of Federal Registration Service» recommends to use the XML schemes approved by orders of the Federal Registration Service dated 8/1/2014 No. P/369 and dated 9/15/2016 No. P/0465.