Inventory of Russia. What it?
to understand that it represents the inventory of real estate from the point of view of the nonspecialist in the field today, it is necessary to go deep into the general terminology of the inventory a little. For a start - that there is a real estate. Real estate are the land plots costing on them capital construction projects: buildings, constructions, rooms which are in buildings, objects of incomplete construction.
So the basic law regulating inventory questions - 221 - Federal Law (Federal law) " treats concept of real estate; About the State Immovable Property Cadastre “ which came into force on March 1, 2008. Before this date we had a land registry , and the accounting of capital construction projects stood a residence. With entry into force of the law the new term - the uniform real estate object (UREO) uniting in itself the land plot with the buildings and constructions which are strongly standing on it was entered. It does not mean that since March 1 of last year all country amicably passed to the account and the taxation of EON. Owing to complexity of transition to it, the law provided certain “ transition period “ which is designated till 2012.
The inventory task in relation to real estate is to give answers to the questions “ what? “ “ where? “ and “ how many? “. The main information which is contained in databases of the inventory - the description of real estate objects: that for object where is, what area. Question “ whose? “ the inventory before itself does not put because until recently it belonged to the diocese of legal instance - registration chamber, but also these data in the inventory are too, they are introduced as help there. Also in base there is a graphic part (a cartographical basis) and data on economic characteristics, in particular, of cadastral cost - the cost from which the real estate tax is raised.
Where these bases are? From where and how data get to base of the inventory? And what information in these bases means to us? And for the state? Who else has access to these data? Let`s try to understand. But only let`s agree that I will not quote definition from acts because personally to my perception “ technical legal “ gives in with big work, I will tell everything “ available “ language.
Databases of the inventory are formed and kept in cadastral chambers - the organizations which are technically carrying out the state cadastral registration of real estate. Legal and methodological responsibility for maintaining the state cadastral registration lay on Rosnedvizhimosti (Federal agency of the inventory of real estate objects) until recently. And since March 1, 2009 these questions the new federal executive authority - Federal Registration Service (Rostreestr) knows. Completely passed to the Federal Registration Service powers and functions by the abolished Rosnedvizhimosti, function of Registration chamber, and also Federal agency of geodesy and cartography. The Federal Registration Service is in department of the Ministry of Economic Development.
The cadastral registration is kept on a declarative basis - nobody and will never be able to oblige to register you against your will your real estate in cadastre. But, let us assume, you decided to make with the real estate which - what fascinating actions demanding confirmation of your legal rights - to sell, exchange, present, allocate part, to bequeath. In this case to you the document - the certificate on the property right is necessary for right certifying . This paper is given by registration chamber on the basis of an extract from the cadastral chamber saying that your real estate is registered there.
That the cadastral chamber gave you this extract, you file a petition for registration, having put to it title documents (the contract of purchase and sale, donative, the certificate on inheritance according to the will, a judgment and so forth), and also the document which precisely describes your real estate in space - the Boundary plan, in Territorial administration of Rosnedvizhimosti (they for the present exist, it is disbanded only “ head “ structure “) . The last document is prepared by land management offices (surveyors). With introduction of the new law (see above) surveyors are called cadastral engineers now.
For surveyors, I`m sorry, of cadastral engineers, the law tried to impose some liability to customers for result of the work. Before that responsibility they did not bear. And consequences are easily predictable: incorrectly made documents, incorrectly otmezhevanny land plots when, roughly speaking, your fence, judging by the boundary plan, on one and a half meters “ crept “ on a fence of the neighbor etc. And it is the obvious and lawful reason to refuse to you the cadastral registration from cadastral chamber. And if to be more precisely, in this case at detection of such inaccuracies, procedure of registration will be suspended and will provide to you three months for specification of data. You, in turn, go to swear at surveyors. If after three months you do not provide the corrected, correct data in cadastral chamber, will already finally refuse to you the cadastral registration.
If all documents are processed correctly and there is no legal basis to refuse to you the account, your real estate will be registered in cadastre, and data on it are entered in the database of the inventory. It is the answer to a question: whom and how the base of the inventory is formed. Well and, in general, why we need this base. For the state the inventory is an essence the account and ordering of real estate in the country, a basis for making decisions on competent nature use, and the most important - a source of information on taxable base - of cadastral cost .
Cadastral chambers at the time of statement of a real estate object count cadastral cost on the cadastral registration or at introduction of any changes, besides only according to your statement, in the data which are already available in the inventory. Also cadastral cost at the time of carrying out a mass state cadastral assessment pays off . Such assessment is carried out with frequency at least once in three years, but is not more often than once in five years. In this case cadastral cost is considered by the organizations corresponding to certain conditions and winning a competition (tender) for carrying out a cadastral assessment. Competitions are announced only by the organizations authorized on that by the state: before Rosnedvizhimostyyu - now the Federal Registration Service; or departments of property in subjects.
At calculation in a basis of cadastral cost market value and on the basis of the approved techniques by numerous adjustments, with use of various coefficients is put, with a conclusion of dependence on various factors cadastral cost is calculated as a result. Then it is brought in the database of the inventory of real estate, and from there information, in turn, comes to tax authorities where calculation of a real estate tax is made. Such is as a first approximation scheme of filling of bases of the inventory.
Who has access to information of the inventory? Generally, the law and the state consider base of the inventory as a public information resource, except for, naturally, data getting under articles of the law on preservation of the state secret. Some part of information is posted On the Internet and available to the general acquaintance on the specialized websites.
Well and if you need fuller information on a real estate object, to you a direct road in Territorial administration of Rosnedvizhimosti. With the application and the power of attorney from the neighbor, information on which land plot you want to obtain.