The Ministry Of Economic Development
The Ministry Of Economic Development
The real estate Department Ministry of economic development (hereinafter – property Department) considered the appeal of State unitary enterprise on matters related to preparation of technical plans and cadastral registration of real estate objects (further – the Appeal), and reports.
In accordance with the regulations of the Ministry of economic development of the Russian Federation approved by the decree of the Government of the Russian Federation from June 5, 2008, No. 437, the Ministry of economic development has no authority regarding the legislation of the Russian Federation and practice of its application.
However we deem it possible for affected outstanding issues be noted.
Under item 1 of the Treatment.
In accordance with part 3 of article 20 of the Federal law of 24 July 2007 No. 221-FZ “On state real estate cadastre” (hereinafter – Law on cadastre) with the applications for state cadastral registration of changes of objects of real estate are entitled to refer the owners of such real property or in cases stipulated by the Federal by law, other persons. With the applications for state cadastral registration of changes in land plots in state or municipal property and provided on the right of lifetime inheritable possession, permanent (perpetual) use or lease (if the lease agreement is concluded for a period of more than five years), are entitled to request the persons possessing such land to a specified law.
In accordance with paragraph 4 of article 1152 of the Civil code of the Russian Federation accepted inheritance admits belonging to the successor from the date of opening of the inheritance irrespective of time of its actual acceptance and also irrespective of the moment of state registration of the right of the successor on hereditary property when such right is subject to state registration.
According to paragraph 1 of article 1153 of the Civil code of the Russian Federation the acceptance of the inheritance by feeding at the place of opening the inheritance the notary or the Commissioner in accordance with the law to issue certificates of inheritance to an official statement of the successor about inheritance acceptance or statements of the heir on the issue of a certificate of inheritance.
On the basis of article 1162 of the Civil code of the Russian Federation the rights of the heir are issued a certificate of right to inheritance, which, in turn, in accordance with paragraph 1 of article 17 of the Federal law of 21 July 1997 № 122-FZ “On state registration of rights to immovable property and transactions with it” is the basis for state registration of rights.
Thus, the heir may apply to the body of the cadastral account with the statement for the state cadastral account of changes of object of real estate, which is a hereditary property, submitting a certificate of inheritance (in the absence in the Unified state register of rights to immovable property and transactions with it of data on registered right the person on the property).
Under item 2 of the Treatment.
Requirements for the preparation of the technical plan of construction established by order of the Ministry of economic development of 23 November 2011 No. 693 (hereinafter – the Requirements).
Preparation of technical plan of construction, including underground linear facilities shall be in accordance with the Requirements. According to subparagraph 2 of paragraph 26 of the requirements of the circuit structures can be displayed in the form of open-ended line formed by points located on the Central axis of the building, between a conditional start and end points of the structure (if the structure is extended, such as power line, pipeline and the like). These start and end points are defined by the cadastral engineer.
The requirements of paragraph 27 provides that if the structure is underground, the footprint of such structures on the plot is defined as a set of contours of the structural elements of such underground facilities located on the surface of the land. Projection of the underground structural elements of buildings is not a contour structure. In this case, the projection of the underground structural elements in the drawing of the contour of the structure (the layout of buildings on the land) the technical plan is shown one of the methods specified in paragraph 26 of these Requirements, special conventional signs (the Appendix to Requirements).
Thus, the drawing of the contour of the structure (the layout of buildings on the land) of the technical plan prepared with respect to the linear underground structures indicated with a special symbol in the form of open-ended line projection of the underground structural elements of such structures and conditional start and end points of the structure. Thus, according to the Department of real estate, such contingent start and end points of structures are the characteristic points of the contour of the structure (paragraph 5 of article 41 of the Law on the cadastre), the coordinate values of data points are determined and are specified in the technical plan at performance of cadastral works.
State cadastral registration of real estate under part 2 of article 16 of the Law on the cadastre on the basis provided in body of the cadastral account of the corresponding statement and necessary for the implementation of state cadastral registration of documents under article 22 of the Law on cadastre.
The order of conducting the state cadastre of real estate, including rules for inclusion in the state cadastre of real estate details about the property, except for (linear and to that similar), located on the territory more than one cadastral district, approved by the order of Ministry of economic development of Russia dated 4 February 2010, No. 42. The peculiarities of state cadastral registration of linear underground structures this procedure is not provided.
Under item 3 of Treatment.
Pursuant to part 23 of article 2 of the Federal act of 30 December 2009 No. 384-FZ “Technical regulations on safety of buildings and structures” determined that the construction – a result of the construction, representing a three-dimensional, planar or linear construction system with terrestrial, aerial and (or) the underground parts consisting of carriers, and in separate cases and enclosing structures and designed to perform production processes of various types, product storage, temporary stay of people, movement of people and goods.
It should be noted that current legislation does not contain requirements to buildings. In this regard, according to the Department of real estate, concerning real property can be carried out state cadastral registration in the quality of facilities subject to the following conditions:
– the documents confirming the establishment of the real estate complex as a single property (the existence of a building permit, project documentation, permission to object input in operation);
– the use of the property (facilities) single purpose;
– a uniform legal regime.
Thus, according to the real estate Department, in case of production-technological complex (e.g., oil well or pipeline with booster pump station with piping, etc.) was established as one of the structures used for one purpose (that can be confirmed by the building permit, project documentation, permission to object input in operation), such construction shall be subject to the registration state cadastral registration as one property by assigning one cadastral number.
In this case, paragraph 45 of the Claims established that in the line “7” of the column “3” tables “characteristics of buildings” technical plan of the construction indicate the type and value of the basic characteristics of such structures, which are determined by the cadastral engineer with regard to the information contained in the documents specified in item 11 of the Requirements:
1) for linear constructions – the length in metres with an accuracy of 1 meter;
2) for underground structures depth (depth) in metres to the nearest 0.1 meter;
3) for areal structures – area in square metres to within 0,1 square metres;
4) for structures intended for storage (e.g., storage capacity, storage facilities), – the volume in cubic metres to an accuracy of 1 cubic meter;
5) for other structures – building area in square metres to within 0,1 square meter.
Thus, in the technical plan of the construction if the property consists of real estate with different characteristics, in the relevant rows “the main characteristic of buildings” specifies the size value in square meters to the nearest tenth of a square meter.