The article describes the development trends of state real estate cadastre. It provides information on the perfection of the land cadastre.
The aim of this paper is to study the problems and possible solutions to issues relating to land management. The authors analyze the normative legal acts regulating the cadastral registration of real property.
The information about the cadastral engineers carrying inventory activity is given. The tasks of improving the state real estate cadastre are described.
Keywords:state cadastral registration, realty, cadastral engineer, real estate, cadastral activities.
Cadastral relations arise in the implementation of cadastral registration of land, buildings, structures, premises, assets under construction, as well as in the preparation of documents necessary to carry out cadastral registration.
Currently these relations are governed by the Federal Law «On State Real Estate Cadastre» (further Law Registry) [1], which merged with the adoption of the previously separately existing system of state land cadastre and registration of other real estate. The adoption of this Act was the beginning of the reform of cadastral registration of real estate, which continues nowadays and is aimed at providing improved quality of work and interaction with the keeping of records of real estate through the creation of a single state real estate cadastre.
Before the adoption of the Law on Cadastre in Russia, there were several inventories of real estate (land, urban construction, forest, water, cadastre of deposits and occurrences of minerals, etc.). Fundamental among them was the land register. It is explained by the fact that, firstly, it is located on the ground all the other objects to be considered, and secondly, the land registry is the first among all the real estate inventories.
By the beginning of land reform the state land cadastre included: 1) registration of land; 2) account of land quantity and quality; 3) the set of natural properties of soils; 4) the economic value of land, which became the basis for the calculation of the land tax on real estate.
The main regulatory document defining the land cadastre was Regulations on the procedure of state land cadastre [2]. According to this document, the land registry contains some reliable and necessary data about natural, economic and legal status of the land and was conducted to ensure the rational use of land resources. At that time, the land registry was essentially a mechanism for land registration.
The document, which regulated the cadastral relationships during the land reform, was the Decree of the Government of the Russian Federation dated August 25, 1992 № 622 «On improvement of state land cadastre in the Russian Federation» [3]. It did not bring any significant changes in the old version, but provided it with new forms of land use (ownership, lifetime inheritable possession, rent).
But, de facto, when land taxation was introduced and civil turnover of land was allowed, full restoration of the original land registry fiscal and legal functions appeared.
In 1993, it was found that the state land cadastre, registration and documentation of rights to land and closely connected with them real estate are carried out by the same system. In addition, the creation of a unified state system of real estate registration was discussed. It means that registration of objects of real estate (things’ registration) and rights to them (personal record) has not been broken [4].
The general character of the land cadastre in Russia till 1998 contained the formation of a system of land registration by type of Western multipurpose inventories (providing land registration, land taxation, land records for the purposes of management and business activities), followed by the further inclusion of some other objects of real estates. However, during this period carrying out the actual integration of all these systems failed: in practice, registration of real estate and other rights to them was carried out by other information and registration systems (Bureau of Technical Inventory (hereinafter — BTI), property management agencies and others.). Meanwhile, land and other objects participated in public circulation as a whole, and the registration of rights to them could easily be standardized and united. This happened in 1998, when the Federal Law «On state registration of rights to realty and bargains with it» was enured [5] (hereafter — the Law on state registration of rights). As a result registration became simpler thanks to the unification of working with documents, simultaneous coverage of different types of property and use of data which was already checked in the systems of things’ registration.
Land registry also had further legislative development (Federal Law «On State Land Cadastre» [6], hereafter — the Law on Land Registry); at that state cadastral registration of land significantly changed, which was transformed into a land registration.
According with the Law on Land Registry a number of government and official regulations were developed and ratified. The overall thrust of the development of normative legal base of land cadastre was aimed at providing the basis for its subsequent registration of rights to property and land tax collection. Other directions of legal development have not been developed.
After the adoption of the Land Code of the Russian Federation [7], which established the principle of unity of land and firmly associated facilities, [8] and the Federal Law «On Agricultural Land Transactions» [9] obtained the necessary legality of the land market. Meanwhile, land and objects located on it in most transactions act as an entity — the deals in the secondary land market, as a rule, are concluded simultaneously on the ground and erected buildings on it (a house, a summer house in the garden).
Therefore, since 2003–2004 the tendency to unification of information systems on land, buildings, residential and commercial premises, and so on into a single real estate cadastre significantly increased. This approach was implemented in adopted the Law on Cadastre in 2007. The Act regulates two groups of fundamentally different cadastral relations: 1) implementation of state cadastral registration of real estate and maintenance of State Cadastral Realty; 2) cadastral activities.
They vary in subject composition and nature of activity. They have completely different current problems and prospects. Common difficulty at this stage for them is the integration and unification of approaches to the performance of work, covering both land and man-made realty. Cadastral registration in terms of content, procedure and composition of the performers is somewhat modified action on cadastral land, which was carried out in accordance with the Law on Land Registry. These are actions of officials of the Federal Service of State Registration, Cadastre and Cartography (hereafter — Russian anagraph) and its regional offices, as well as branches of Federal State Institution «Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography».
In this regard, there are several problems.
1. There are some significant differences in the approaches to the integration of different types of real estate, so the Act on Cadastre established transitional period (up to 2013), during which the Act didn’t work in terms of buildings, structures, premises, assets under construction.
2. Eliminating duplication of realty with the State Real Estate Cadastre and simplified statement of real property cadastral registration, as well as shortening the registration of rights to realty.
The ultimate goal here is to merge cadastral system and the state registration of real estate and rights on it (as it was until 1998). The association is logical also because of the fact that for several years a single public authority (Russian anagraph) has carried out both cadastral registration of real estate, and state registration.
3. Working with previously recorded objects. They are recognized as valid, and such objects are considered to be real property, computed in accordance with the Law on Cadastre. In this case, real estate, cadastral registration of which has not been done, but the right has been established, are considered previously recorded real estate.
4. Simplification of applications for cadastral registration for citizens and legal persons. This requires the introduction of modern technologies in the acceptance of applications for registration by electronic means of communication. Since 2013 multifunctional centers (MFC) have worked on this problem. They are authorized to provide state and municipal services, including electronic form, to the principle «one window». They accept applications for cadastral registration, requests for information made to the State Cadastral Realty, and the issuance of the relevant documents.
5. Better legislative regulation of issues related to compensation for losses caused as a result of the commission of the cadastral mistakes and responsibility of officials, for example, as it is now governed by the registration of rights to real estate.
6. After the cadastre began to cover almost all types of real estate, there was an inevitable loss of available land registry key information on agricultural lands, including the composition of the land, the quality of land, which is the main means of agricultural production.
Cadastral activity is to perform in relation to real estate work, as a result of the preparation of documents containing information about real estate necessary for the implementation of the cadastral records. The concept of cadastral activities in the domestic legislation was introduced in 2007 by the Law on Cadastre.
Cadastral activities can be realized by a person who has a valid qualification certificate of cadastral engineer. Earlier relevant land work was carried out within the framework of territorial land management and employees of BTI. Here, among the problems are the following.
1. Lack of qualification of a significant part of the current cadastral engineers in matters of land surveying. Thus, now, among more than 20 thousand cadastral engineers, only a third has a higher profile education. This affects badly the quality of work they do. So if professional surveyors get no more than 7 refusals to cadastral registration a year, people who have received the appropriate certificate after short-term training, the number of annual failure rate exceeds 40 [10]. Therefore, the Law on Cadastre had a transitional period (up to 2011), during which the cadastral surveyors can exercise activities. However, in practice, other legislative solutions are necessary. We believe that survey work should be done by agricultural land surveyors. In regard to non-agricultural land (where the land is only one of the types of real estate), land-surveying should be left for the cadastral engineer, at the same time the work is done both in terms of land, and in relation to other items placed on its realty.
2. Insurance of responsibility of cadastral engineers and their membership in self-regulatory organizations. The law does not provide for inventory mandatory participation in such organizations. However, at this stage of the domestic housing inventory engineers such obligation would be entirely appropriate. The possibility of membership in such organizations of legal persons providing services in the form of inventory activities should be discussed. Work to improve the legislation on the state cadastral registration of real estate and cadastre should be linked to the development of civil law regarding the registration of rights to the work to improve the provision of public and municipal services, as well as with the existing technological capabilities in this area.
Литература:
1. Федеральный закон от 24 июля 2007 г. N 221-ФЗ «О государственном кадастре недвижимости»// Российская газета, 2007 г. 1 августа.
2. Постановление Совета Министров СССР от 10 июня 1977 г. N 501 «О порядке ведения государственного земельного кадастра» // СП СССР. 1977. № 19–119 с.
3. Постановление Правительства Российской Федерации от 25 авг. 1992 г. № 622 «О совершенствовании ведения государственного земельного кадастра в Российской Федерации» // Собрание актов Президента и Правительства РФ. 1992. № 9. — 609 с. (Документ утратил силу).
4. Указ Президента Российской Федерации от 11 дек. 1993 г. N 2130 «О государственном земельном кадастре и регистрации документов о правах на недвижимость» // Собрание актов Президента и Правительства РФ. 1993. № 50. — 868 с. (Документ утратил силу).
5. Федеральный закон от 21 июля 1997 г. № 122-ФЗ «О государственной регистрации прав на недвижимое имущество и сделок с ним» // Российская газета. 1997. 30 июля.
6. Федеральный закон от 2 янв. 2000 г. № 28-ФЗ «О государственном земельном кадастре» // Российская газета. 2000. 10 янв.
7. Земельный кодекс Российской Федерации от 25 окт. 2001 г. № 136-ФЗ // Российская газета. 2001. 30 окт.
8. Короткова О. И. Единство судьбы земельных участков и прочно связанных с ними объектов как один из основополагающих принципов земельного законодательства // Правовые вопросы строительства. 2012. N 1. с. 17–19.
9. Федеральный закон от 24 июля 2002 г. № 101-ФЗ «Об обороте земель сельскохозяйственного назначения» // Российская газета. 2002. 27 июля.
10. Экспертиза и надзор — важные и необходимые звенья землеустройства / С. Н. Волков, С. А. Боголюбов, С. А. Липски // Землеустройство, кадастр и мониторинг земель. 2013. № 2. с. 18–24.
