Registration of the territorial zone for cadastral registration. Clarifications on the issue of entering information about the boundaries of settlements and territorial zones into the State Property Committee

Ministry of Economic Development of the Russian Federation
FEDERAL SERVICE FOR STATE REGISTRATION, CADASTRE AND CARTOGRAPHY

Clarifications on the issue of entering information about the boundaries of settlements and territorial zones into the State Property Committee

In connection with the completion of work on the preparation and approval of territorial planning documents for urban districts, urban settlements and municipal districts, as a result of which the boundaries of settlements, as well as the boundaries of territorial zones, are determined, the Department reports the following.

In accordance with the Federal Law of July 24, 2007 N 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as the Cadastre Law), information about the boundaries of settlements and territorial zones must be entered into the state real estate cadastre.

Such information is entered into the State Property Committee in the order of information interaction in accordance with the Regulations on information interaction in maintaining the state real estate cadastre, approved by Decree of the Government of the Russian Federation of August 18, 2008 N 618 (hereinafter referred to as the Regulations).

In accordance with paragraph 11 of the Regulations, the local government body submits to the cadastral registration body an extract from the section of land use and development rules defining the boundaries and content of territorial zones, a list of coordinates of characteristic points of the boundaries of territorial zones in the established coordinate system (MSK-51 for the Murmansk region), and also a list of types of permitted use of land plots for each territorial zone or details of the legal act by which such a list is approved.

To enter information about the boundaries of settlements in the State Property Committee in accordance with paragraph 11 of the Regulations, the local government body submits to the cadastral registration body an extract from the approved general plan (for settlements located on inter-settlement territory - an extract from the territorial planning scheme of the municipal district), containing the text and a graphic description of the location of the border of a populated area and a list of coordinates of characteristic points of the border of a populated area or established or changing sections of the border of a populated area in the established coordinate system (MSK-51 for the Murmansk region).

According to Article 1 of the Federal Law of June 18, 2001 N 78-FZ “On Land Management” (hereinafter referred to as the Law on Land Management), the territories of settlements, as well as territorial zones, are objects of land management.

To determine the coordinates of characteristic points of the boundaries of land management objects, it is necessary to perform land management work, such as describing the location of the boundaries of land management objects. As a result of such work, the corresponding land management documentation is prepared - a map (plan) of the land management object (Article 20 of the Law on Land Management). The form and requirements for its preparation are determined by Decree of the Government of the Russian Federation dated July 30, 2009 N 621 “On approval of the form of a map (plan) of a land management facility and requirements for its preparation.”

When carrying out land management, it is also necessary to be guided by the Procedure for describing the location of the boundaries of a land management object, approved by Order of the Ministry of Economic Development of Russia dated 06/03/2011 N 267 (hereinafter referred to as the Procedure). In accordance with paragraph 9 of the Procedure, materials obtained as a result of land management work to describe the location of the boundaries of the land management object are formed into a land management file, one copy of which is transferred to the state fund of data obtained as a result of land management (hereinafter referred to as the GFD) of the Department.

To enter information about the boundaries of land management objects into the State Property Committee, a map (plan) is generated electronically in XML format, in accordance with the order of the Ministry of Economic Development of the Russian Federation dated October 20, 2010 N 503 “On establishing requirements for the format of documents submitted electronically in the process of information interaction when maintaining State Real Estate Cadastre" (hereinafter referred to as the Order).

According to clause 4 of the Order, in the process of information interaction when maintaining the state real estate cadastre, when submitting documents electronically, an electronic digital signature (hereinafter referred to as EDS), certified in accordance with the legislation of the Russian Federation and compatible with EDS tools used by the Federal State Registration Service, must be used , cadastre and cartography.

When forming an electronic type of map (plan) of a land management object, it is necessary to take into account the orders of Rosreestr dated March 24, 2011 N P/83 “On the implementation of information interaction when maintaining the state real estate cadastre in electronic form”, as well as from 02/08/2012 N P/0054* “On amendments to the Order of the Postscript dated March 24, 2011 N P/83".
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*Probably an error in the original. Should read "N P/54" - Note from the database manufacturer.


On the official website of Rosreestr www.rosreestr.ru in the section “Public services / State cadastral registration of real estate / Forms, XML schemes” there is information about the relevance of xml schemes for the generation of xml documents and regulatory and administrative documents that establish requirements for documents in electronic form when carrying out information interaction when maintaining the state real estate cadastre.

Thus, information about the boundaries of settlements and territorial zones is entered into the cadastre after land management work is carried out, only on the basis of a map (plan) of the land management object.

Article 4 of the Land Management Law establishes the grounds for land management. These grounds include: decisions of federal government bodies, government bodies of constituent entities of the Russian Federation and local governments on land management, court decisions, as well as agreements on land management.

In order to fulfill the requirements specified in the Cadastre Law, the Department is ready to provide assistance in terms of providing materials from the State Federal Reserve and preparing technical specifications for carrying out land management work. In addition, we recommend that when developing the terms of reference for carrying out land management work, prior to the final acceptance of the work, provide for sending land management documentation to the Department for state examination.

In accordance with the Decree of the Government of the Russian Federation dated 04.04.2002 N 214 “On approval of the regulations on the state examination of land management documentation”, the state examination of land management documentation is carried out free of charge by decision of state authorities, local governments or on the initiative of interested parties in order to ensure compliance of land management documentation with the original data , technical conditions and requirements for land management.

Head of Department
S.G. Naimushina

Electronic document text
prepared by Kodeks JSC and verified against.

1. The formation of territorial zones is carried out in accordance with legal acts on the creation of the corresponding territorial zone, by the state authority or local government body that issued the specified legal act. A cadastral engineer may be involved in the formation of territorial zones.

2. When forming a territorial zone, its location and boundaries in the Unified Open Coordinate System are determined.

Technical requirements for the accuracy of determining the location and boundaries of territorial zones are determined by technical regulations adopted in the manner prescribed by the legislation on technical regulation.

3. As a result of carrying out work on the formation of a territorial zone, an act of formation of a territorial zone is prepared, which includes:

Terms of reference for the formation of a real estate object, which is an annex to the agreement on the formation of a real estate object, if any;

A plan of the territorial zone containing a graphic and textual description of its location and boundaries;

The act of forming a territorial zone is subject to agreement with the state authority or local government body that issued the legal act on its establishment.

The act of forming a territorial zone can be prepared electronically, in accordance with the requirements of the legislation on information and informatization.

Standard forms of the act of formation of a territorial zone are approved by the federal executive body authorized by the Government of the Russian Federation to carry out legal regulation in the field of economic development.

Chapter V. State cadastral registration of information on the cadastral value of real estate objects

Article 17. Entering information about the state cadastral value into the State Real Estate Cadastre

1. The state cadastral valuation of real estate is carried out at the request of state authorities of the constituent entities of the Russian Federation by persons holding licenses to conduct appraisal activities, on the basis of methodological instructions for conducting the state cadastral valuation of real estate, approved by the federal executive body in the field of normative legal regulation of economic development and trade.

The objects of state cadastral valuation are real estate objects registered in the State Real Estate Cadastre.

2. Approval of the results of the state cadastral valuation is carried out by the executive authority of the constituent entity of the Russian Federation that ordered the state cadastral valuation. The government body of the constituent entity of the Russian Federation that approved the state cadastral valuation, or a person authorized by it, is the applicant when submitting information about the cadastral value of real estate to the cadastral registration body.

3. Information on the cadastral value of real estate objects is published by executive authorities of the constituent entities of the Russian Federation in the official media. The composition and procedure for publishing information on the cadastral value of real estate objects are established by the federal executive body in the field of normative legal regulation of economic development and trade.

4. Within three months from the date of publication, the cadastral value of a real estate property may be appealed by the right holder (right holders) of the real estate object to the executive authority of the constituent entity of the Russian Federation that approved the results of the state cadastral valuation. The appeal procedure is established by the executive authority of the constituent entity of the Russian Federation.

5. The grounds for appealing the cadastral value of a property are:

when calculating the cadastral value, the methods of state cadastral valuation of real estate were violated;

When calculating the cadastral value, information about the property was used that differed from the information about it contained in the State Real Estate Cadastre.

6. The executive authority of a constituent entity of the Russian Federation considers an application to appeal the cadastral value of a real estate property and makes a decision within one month from the date of its submission. Failure to make a decision by the commission within the prescribed period means satisfaction of the copyright holder’s complaint.

7. If the complaint is satisfied, the executive body of the constituent entity of the Russian Federation, which approved the results of the state cadastral valuation of real estate, makes clarifications to the results of the cadastral valuation of the real estate specified in the complaint.

8. If the complaint is not satisfied by the executive authority of a constituent entity of the Russian Federation, the copyright holder of the property or a person authorized by it has the right to contact the cadastral registration authority in order to appeal the cadastral value of the property.

9. The cadastral registration body considers the application of the copyright holder or a person authorized by him to appeal the cadastral value and makes a decision within one month from the date of its submission.

10. To consider an application to appeal the cadastral value, the cadastral registration authority attracts the right holder, representatives of executive authorities of the constituent entities of the Russian Federation, local government bodies on the territory of which the property is located, as well as representatives of professional associations in the field of valuation and real estate activities.

The procedure for considering applications to appeal the cadastral value in the cadastral registration authorities is determined by a government resolution.

11. If the complaint is satisfied, the cadastral registration body informs the executive body of the constituent entity of the Russian Federation, which approved the results of the state cadastral valuation of real estate, about the need to clarify the results of the cadastral valuation of the real estate. Approved information on the cadastral value of this property is not entered into the State Real Estate Cadastre.

12. In case of failure to enter approved information on the cadastral value of the property in the State Real Estate Cadastre The executive body of a constituent entity of the Russian Federation, which has approved the results of the state cadastral valuation of real estate, has the right to go to court.

13. The procedure for appealing the cadastral value is established by the federal executive body in the field of economic development and trade.

14. At the request of the cadastral registration body, the authorities of the constituent entities of the Russian Federation, local government bodies that approved the cadastral value indicators, or the persons who carried out the cadastral valuation are obliged to provide any additional information necessary for making a decision when appealing the cadastral value of a real estate property.

15. After three months after the publication of information about the cadastral value in the official media, information about the cadastral value is entered into the State Real Estate Cadastre and is not subject to revision until the next revaluation of the cadastral value of real estate.

The absence of a cadastral value of a real estate property in the State Real Estate Cadastre is not a basis for non-recognition of a cadastral registration object as an object of civil rights.

The State Real Estate Cadastre is the only source of information on the cadastral value of real estate.

16. Decisions to conduct the next revaluation of the cadastral value of real estate are made by the Government of the Russian Federation and the authorities of the constituent entities of the Russian Federation no more than once a year.

Cadastral valuation work is carried out at the expense of the budgets of the bodies that made the decision to carry it out or at the expense of the consolidated budget.

Article 18. State data fund for state cadastral valuation of real estate.

1. The state data fund for the state cadastral valuation of real estate is formed by the cadastral registration body on the basis of collecting, processing, recording and storing documented materials of the state cadastral valuation of real estate, as well as information about transactions with real estate and factors influencing their value.

2. Materials and information from the state database of state cadastral valuation of real estate objects are used by the cadastral registration body when considering complaints from copyright holders of real estate objects.

3. Information about transactions with real estate and factors influencing their value can be obtained from any sources not prohibited by the legislation of the Russian Federation. The composition of information about transactions with real estate and factors influencing its value is determined by the methods of state cadastral valuation of real estate.

4. The procedure for creating, maintaining and paying for the provision of information from the state fund of state cadastral valuation data is determined by the Government of the Russian Federation.

In the process of urban planning zoning of a territory, specialists can distinguish the following territorial zones:

• public and business;
• production;
• engineering and transport infrastructure zones;
• recreational purposes;
• zones of specially protected areas;
• special purpose;
• placement of military facilities;
• In municipalities, other types of territorial zones may be allocated, based on the specifics of the area.

Above is a general classification of territorial zones. In turn, within each of them subspecies can be distinguished. Thus, residential zones may include development zones:

• low-rise buildings;
• mid-rise;
• multi-story.

Also, in residential areas it is allowed not only to build houses for living, but also social, communal and household facilities, healthcare (hospitals and clinics), education (schools, kindergartens, etc.), religious buildings (churches), parking lots, garages . At the same time, it is not allowed to build industrial buildings and structures that negatively affect the environment.

The Town Planning Code of the Russian Federation specifies the main and types of permitted use of sites and capital facilities. Accessory uses usually complement the primary and conditionally permitted uses of the sites.

The table shows various land plots taking into account their territorial zone.

How to find out the territorial zone of a land plot

In order to find out which territorial zone the land plot belongs to, you can use several options:

1. Find the town planning plan of the municipality. The territorial zones that are allocated in the settlement must be indicated on urban zoning maps.
2. Submit an official request to Rosreestr to obtain the necessary information. To do this, you need to contact the territorial department of the department or the MFC.
3. Find information on public information from Rosreestr, which is publicly available to all interested parties.

Let's look at the last option in more detail, as it allows you to get the necessary information without leaving your home. In order to find out the territorial zone of the site, you need:

1. Open the public cadastral map located at https://pkk5.rosreestr.ru/
2. Enter or land plot in the search bar.
3. The official boundaries of the land plot will appear on the map against the background of other real estate objects.
4. In order to find out the territorial zone, you need to change the search criterion from “plots” to “territorial zones” in the upper left corner of the search line, and then click within the boundaries of the land plot.
5. In a special information window, information about the territorial zone in which the site is located, as well as its code (for example, residential) will appear.

If you need to change the zone of the land plot

If the use of a land plot is permitted, it is necessary to make changes to the information from the register. This procedure is required to be completed by the owners of the plot if the USRN register contains information about the territorial zone to which the plot is assigned.

The owner himself does not have the right to make decisions on making changes to the territorial zoning and amendments to the permitted use of land plots. Such amendments are made on the basis of urban planning regulations or an act of a state or municipal authority.

To make changes, you must contact the territorial office of Rosreestr with an application for state cadastral registration of changes. Attached to the application:

• identification document of the applicant;
• power of attorney to represent the interests of the applicant, certified by a notary;
• a document confirming the status of the owner (or Unified State Register, etc.).

Information is entered into the register free of charge and there is no need to pay state fees.

If the cadastre does not contain information about the established boundaries of territorial zones, then the following set of documents is additionally attached to the specified set of documents:

• an extract from the Land Use and Development Rules, which displays the boundaries of the site within the boundaries of the territorial zone and the specified list of types of permitted use;
• a conclusion from local government bodies or municipal authorities on the assignment of a site to the corresponding territorial zone, containing information about the urban planning zoning in accordance with which this territorial zone was approved; the document must clearly identify the land plot and contain its address and area.

Important! If the land plot does not provide the specified documents, then they cannot refuse to provide the government service. Rosreestr employees are obliged to request the missing information themselves through interdepartmental exchange channels.

Thus, the territorial zone is an important characteristic of a site that determines its possible use and options. It is determined on the basis of the urban planning plan, which is valid on the territory of the municipality. In order to find out which territorial zone the site belongs to, you need to contact Rosreestr with a request, study the urban planning plan of the municipality, or use the public functionality. To change the territorial zone, you must submit an application to Rosreestr.