Tatarstan citizens will be able to legalize lands used for more than 15 years
The branch of the Federal State Budgetary Institution "Federal Cadastral Chamber of Federal service of state registration, cadastre and cartography " in the Republic of Tatarstan explains that on September 16 amendments to the laws "On Cadastral Activities" and "On State Registration of Real Estate" will come into force. The Federal Law (150-ФЗ dated 06/17/2019) establishes the procedure for clarifying the boundaries of land plots whose actual area does not correspond to the area indicated in the Unified State Register of Real Estate (USRR). The amendments will simplify the procedure for conducting comprehensive cadastral works (CCW), which are ordered by municipal authorities.
The collection and analysis of data in the course of comprehensive cadastral work allows us to identify and eliminate cases of border crossings and, in certain cases, land capture, as well as registry errors. The latter is the most common reason why gardeners cannot register private plots and common lands in cadastral records in accordance with the law.
So, one of the provisions provides an opportunity for citizens to legalize, in the framework of complex cadastral works, actually used land plots if their area exceeds the area indicated in the USRR. It is important to note that it will be possible to legitimize the actually used "extra" meters only if the site has been used within these borders for more than 15 years, there are no encroachments on it by neighbors and claims of authorities. In addition, the area of such an “increase” should be no more than the maximum minimum size of the plot established by the local administration, and if such a minimum size is not set, no more than 10% of the area specified in the USRR.
Citizens have the opportunity to officially register the used plots, and, accordingly, subsequently dispose of them. If in the course of complex cadastral works, which are commissioned by local authorities, it turns out that the used land area is larger than provided by the data in the USRR, if all the criteria are met, the difference can be legalized. But it’s important - amendments cannot be regarded as an opportunity to quickly increase the area of their land plots. The law aims to clarify existing plots and support owners who have used land without specified boundaries for many years.
After entering into the USRR information on land plots and the location of buildings, structures, construction in progress obtained as a result of comprehensive cadastral work, the owners of such real estate objects no longer need to carry out cadastral work at their own expense. Complex cadastral works are carried out on budgetary funds.
In addition, with the entry into force of 150-FZ, it becomes possible to carry out comprehensive cadastral works without an approved project for land surveying, if, in accordance with the Town Planning Code of the Russian Federation, the development and approval of such a project is not required. According to 150-FZ, KKR customers have the right to use technical passports, appraisal and other documentation necessary in the work. This measure eliminates additional costs and saves the local budget.