Preparation of a land surveying project: main features and key points. On approval of requirements for the land surveying project

reservoirs 14.10.2019
reservoirs

Among the town-planning documentation a special place is occupied by documents relating to land. In order to use individual plots of land for the construction of buildings and the construction of structures, as well as for farming or other types of work, it is important to determine the nature of the area.

Documentary actual confirmation of the soil topography is required and the presence of social and technical facilities already erected on the applied territory.

In addition, it requires boundary data, newly formed or converted land plots.

Therefore, in order to formalize lawful actions with the land development of a land surveying project is required.

What is a land survey project?

Land surveying is a procedure for delineating the boundaries of a territory, carried out on the ground and legally securing the results obtained.

Surveying becomes the basis for adjusting the cadastre of land plots.

Surveying includes a range of works:

A land surveying project refers to a type of legal documentation in relation to land holdings.

It is a scheme created for the purpose of subsequent construction planning, taking into account the objects already erected on the framed territory.

According to the Town Planning Code, a land surveying project is an auxiliary document containing schematic information on the boundaries of land plots, which will continue to be the property of individuals and legal entities.

Sample project for surveying the territory of a linear facility

The project of land surveying of the territory of a linear object is drawn up according to the general rules of land surveying.

Sample project of land surveying download:

Terms of reference for the land surveying project:

An example of a project for surveying the territory of an apartment building:

The project of land surveying for the construction of a highway:

Who develops the documentation?

The main customer of the land surveying project is the administrative authorities of any level. A Decree on the development of a project for land surveying is issued.

The responsibility for conducting land surveying and developing an appropriate project is assigned to architectural department of the administration of the subject of the Russian Federation.

At the same time, the state architectural department is fully determined with the decision to prepare the project, that is, who will do the design work:

  1. specialists of the local authority itself.
  2. Specialists of a specialized organization involved in the development of boundary projects and other urban planning documents.

The development of boundary projects by an organization or individual entrepreneur is possible only if certain permits are available.

Mandatory must be:

  • a complete list of statutory certificates;
  • certificate of admission to the design and development of relevant papers.

How is the design process going?

In fact, boundary design is carried out in three stages:

  1. A government order is issued, which is represented by the Head of Administration, for land surveying in relation to a specific site and project development. The decision is mandatory published.

The request for land surveying comes from:

  • the territorial body itself;
  • land tenant;
  • other interested parties.
  1. A project is being developed. The executors are cadastral engineers of specialized companies.
  2. Coordination of the project with the manager and approval.

Without fail, the land surveying project is checked and approved by the administration, which checks the compliance of the urban planning document:

  • technical standards;
  • land area planning;
  • legislative procedure for the use of land and buildings.

Map of land surveying

In fact, the land surveying project includes a map of the boundaries of land plots and the area around them.

The map shows:

  • red lines the boundaries provided by the project are deduced;
  • indent lines reflects the areas intended for placement various structures;
  • boundary lines within the built-up areas reflect linear objects: railways, roads, pipelines and other or objects of special purpose: water protection areas, power plants, gas stations, etc.;
  • conditional numbers and certain lines frame the size of land plots for capital construction;
  • boundary zones within which there are objects approved by the state as cultural values;
  • framing of territories for which there are public easements: hunting and fishing areas, drainage work areas, etc.

If a land surveying project is being developed for the placement of linear objects for transport directions of any state level, then its graphic part contains drawings of the boundaries that exist or are at the stage of formation of land plots.

Most often, these are lands determined by state and municipal requests.

The land surveying project indicates the area of ​​land plots or their parts:

  • subject to formation or change;
  • generated for common use.

For each of the above land plots, in the cases specified by the Land Code, the type of permitted purpose is indicated based on the redevelopment project.

Survey project and land planning project

Along with the land surveying project, the full package of urban planning documentation also includes a land redevelopment project, which contains two main sections of information:

  1. Drawings reflecting the lines of infrastructure and capital facilities:
  • roads of various nature;
  • public areas;
  • streets, etc.
  1. Regulatory provisions on the legality of the location on the projected lands:
  • buildings and their frequency of construction;
  • transport interchanges;
  • public and technical areas.

The redevelopment project includes:

  1. Explanatory note designer with accurate data on the purpose of the planned construction.
  2. Regulations on:
  • land protection in unforeseen circumstances;
  • fire safety;
  • civil defense activities.

Boundary design and redevelopment are carried out in parallel, as they are necessarily coordinated with each other. For a land surveying project, the layouts of the redevelopment project become the basic drawings.

The project of planning the territory of the microdistrict:

Documents required to create a project

To create a land surveying project, the contractor is required to have a specific list of land documentation:


It contains Technical information on a specific land plot, collected and established by the cadastral registration authorities of the constituent entities of the Russian Federation:

  • cadastral value;
  • size of the area;
  • site category;
  • border diagram indicating the scale, coordinates of their reference points and length.
  1. visual general plan location of objects of technical and social importance.
  2. Topographic survey of land plots, designed to determine the actual location of buildings and communications. It also provides data on the topography of the soil.

The cost of developing a land surveying project

There is no specific fixed cost for the development of a land surveying project, since its estimate depends on the influence of many factors:

  • volume of geodetic and engineering works;
  • the size of the land area for land surveying;
  • level of design complexity;
  • the number, significance and size of facilities constructed or under construction in the projected area;
  • and many more.

The cost of the project depends on the level of the customer and the intended use of the land.

Basically, state bodies become the initiators of design and planning, but in the absence of budget funds, the customer becomes an organization or an individual.

Why is the development of a land surveying project required?

The surveying procedure is important for land owners, as it allows:

  • establish the exact boundaries of possessions;
  • put the land plot on record in the cadastre and issue documents granting ownership of their possessions;
  • make free legal transactions with their land;
  • apply for resolution of neighbor disputes regarding borders to the court;
  • establish an easement if necessary.

In addition, the Land Code defines a number of mandatory points when boundary design is required:

  1. When breaking down a land plot for the purposes of integrated development into several significant territories.
  2. When breaking down a land plot issued to a non-budgetary company created by a group of persons in order to maintain a dacha allowance. In this case, it is worth paying attention to some of the exceptions stipulated by land legislation.
  3. When determining land plots on the borders of territories, for which there is a development agreement in accordance with all the norms of urban planning.
  4. When determining land among the boundaries of territories built up with multi-apartment residential buildings .
  5. When establishing land for the creation of linear facilities of any state level.

Under all legal circumstances related to the resolution of issues in relation to land holdings, the need for boundary design arises.

Creating a land surveying project is a voluminous and painstaking work that requires skills and knowledge, so the development of a land surveying project is an expensive service.

Order of the Ministry of Economic Development of the Russian Federation of August 3, 2011 N 388
"On approval of requirements for the project of land surveying"

9. The survey project is completed in the following sequence: title page, content, sections of the text part, sections of the graphic part, application.

II. General requirements to the preparation of the Land Survey Project

11. The survey project is drawn up on paper in the amount of at least two copies.

At the request of the customer, the Land Survey Project is additionally issued in the form of an electronic document.

12. The survey project must be stitched and sealed with the signature and seal of the cadastral engineer. The signature and seal of the cadastral engineer are affixed on the title page of the Land Survey Project, on the Project Plan and on the back last leaf Survey project.

13. The survey project is drawn up using computer graphics. When drawing up a Land Surveying Project, a combined method can also be used. Entering text information manually (by hand) is done legibly with ink, ink or paste of blue color. Misprints, erasures, additions, crossed out words and other unspecified corrections are not allowed. All corrections in the Land Survey Project must be certified by the signature (with the surname and initials) and the seal of the cadastral engineer.

Pencil drawing of the Land Survey Project is not allowed. All recordings, except where noted, are made in Russian. Numbers are written in Arabic numerals.

The survey project is drawn up on A4 sheets. The section "Project plan" can be drawn up on sheets of a larger format.

14. The numbering of sheets of the Survey Project is continuous within the document. Documents included in the application are not numbered.

If the information does not fit on one sheet of any section, it is allowed to place them on several sheets or on the back of the corresponding sheet. In this case, on each sheet or on each page of the corresponding section, the following information is reproduced: the words "" and the name of the corresponding section of the Survey Project.

If sections of the Survey Project are placed on sheets with a turnover, when filling in the requisite "Sheet N ______" of the corresponding section of the Survey Project, the page number is additionally separated by a comma.

The total number of sheets of the Land Survey Project, including the number of sheets of application documents, is indicated on title page.

15. Unfilled details of sections of the text part of the Land Survey Project are not excluded, such details are marked with a "-" sign (dash).

16. A land surveying project is drawn up on the basis of a cadastral extract on the relevant land plot or a cadastral plan of the relevant territory.

17. If necessary, cartographic materials and (or) land management documentation stored in the state fund of data obtained as a result of land management can be used to prepare the Land Survey Project.

18. The annex of the Land Survey Project, approved by the decision of the owner of the land share or land shares, includes:

1) all objections received by the cadastral engineer who prepared the Land Survey Project regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares (if any), drawn up in accordance with paragraph 13 of Article 13.1 of the Law on Circulation;

2) the conclusion of the cadastral engineer on the removal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares (if there are objections specified in subparagraph 1 of this paragraph);

3) the conclusion of the cadastral engineer on the absence of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares, submitted in accordance with paragraphs 13 and 14 of Article 13.1 of the Law on Turnover (in the absence of objections specified in subparagraph 1 of this paragraph);

4) copies of documents certified by a cadastral engineer certifying the rights to a land share or land shares against which a land plot is allocated;

5) a copy of the notice on the need to agree on the Land Survey Project, provided for in paragraph 10 of Article 13.1 of the Law on Turnover (if such a notice was sent to participants in shared ownership);

6) a copy of the page of the printed publication containing a notice of the need to agree on the Land Survey Project, provided for in paragraph 10 of Article 13.1 of the Law on Circulation, and a copy of the first sheet containing the details of the printed edition (if such a notice was published in the media, determined by the subject Russian Federation).

19. As part of the application of the Land Survey Project, approved by the decision general meeting participants in shared ownership of a land plot (land plots) from agricultural land, an act of the relevant local government body is included, confirming the powers of an official of the local government body specified in paragraph 10 of article 14.1 of the Law on turnover, or certified in in due course a copy of such act.

20. In the conclusion of the cadastral engineer on the removal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares, in the form of a coherent text, information is provided about the person who submitted the relevant objections, the reasons for his disagreement with the proposed size and location of the boundaries of the land plot being formed, as well as information on how to eliminate such causes.

The conclusion of the cadastral engineer on the withdrawal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares is signed by the person who withdrew the previously submitted objections (indicating his last name, initials and date of signing), and the cadastral engineer (indicating his last name, initials and date of signing). The signature of the cadastral engineer is certified by his seal.

III. Requirements for the design of the text part of the Land Survey Project

designation of a land plot or land plots formed from a land plot specified in column "2", if the specified land plot is not a single land use or a multi-circuit land plot.

47. In column "3" of the table of requisite "3" of the section "Information on the altered land plots and their parts" provides information on the owners of the altered land plot in the amount of information specified in paragraph 30 of the Requirements. At the same time, column "4" of this table shows the size of the shares of such persons in the right of common shared ownership of the altered land plot.

48. The requisite "Information on providing access to the formed or changed land plots" includes information on providing access to the formed or changed land plots from land plots or lands of common use.

If the land plot being formed or changed has direct access to lands or land plots of common use, in column "3" of the section "Information on providing access to the formed or changed land plots" the words "land (land plots) of common use" shall be indicated.

49. In cases where provision of access to lands or land plots for common use is carried out through an adjacent land plot that is in private, state or municipal ownership, the inclusion of information in the section "Information on providing access to formed or altered land plots" is carried out on the basis of documents , confirming the appropriate established or established restriction (encumbrance) of real rights to such adjacent land plots. Copies of such documents certified by the cadastral engineer are included in the application of the Land Survey Project.

IV. Requirements for the design of the graphic part of the Land Survey Project

50. The section of the graphical part of the Land Surveying Project "Project plan" is drawn up on the basis of the information of the cadastral plan of the corresponding territory or the cadastral extract on the corresponding land plot, specified in the section "Initial data".

If the specified cadastral plan of the corresponding territory or cadastral extract on the corresponding land plot does not contain information from the cartographic basis of the state real estate cadastre, the Project plan is prepared using cartographic materials at a scale of 1:50,000 and larger.

51. The project plan is drawn up in relation to all formed and changed land plots. If necessary, the location of individual characteristic points of the boundaries (parts of the boundaries) can be displayed in the form of callouts or insets drawn on separate sheets as part of the project plan.

52. The project plan is drawn up on a scale that ensures the readability of the location of the characteristic points of the boundaries of land plots. Parts of the boundaries of land plots are displayed on the Project Plan in a given scale by a solid red line with a thickness of not more than 0.5 mm.

53. The Project Plan displays:

the projected boundaries of the land plots being formed, the boundaries of the altered land plots and parts of the said land plots;

location of lands or land plots for common use (the location of such lands and land plots is displayed schematically);

if necessary, the projected boundaries of the formed land plots (formed parts of the land plots), through which it is planned to provide access to the formed or changed land plots;

designations of formed land plots, formed parts of land plots, characteristic points of boundaries;

cadastral numbers of land plots from which land plots are allocated on account of land shares;

location natural objects and (or) objects of artificial origin (if certain parts of the boundaries of the formed land plots coincide with the location of the external boundaries of such objects);

the location of the boundaries of municipalities and (or) the boundaries of settlements (if the relevant land plot is adjacent to the border of the municipality and (or) locality);

boundaries of the cadastral division (if the relevant land plot is located in several cadastral quarters or the land plot is adjacent to the border of the cadastral division).

54. When drawing up the Project Plan, the designation of the modified land plot is given as a fraction, where the numerator indicates a colon and the number of the land plot in the cadastral quarter (for example, : 749), and the denominator - the area of ​​the modified land plot in square meters, rounded up to 1 sq. .m

The designation of the land plot being formed on the Project Plan is given as a fraction, where the numerator indicates a colon, the number of the modified land plot in the cadastral quarter, a colon and a combination of capital letters of the Russian alphabet "ЗУ" with a number written in Arabic numerals (for example, :749:ЗУ1) , and in the denominator - the area of ​​the formed land plot in square meters, rounded up to 1 sq.m.

55. The designation of the formed part of the altered land plot on the Project Plan is given as a fraction, where the numerator indicates a colon, the number of the altered land plot in the cadastral quarter, a slash and a combination of lowercase letters of the Russian alphabet "chzu" with a number written in Arabic numerals (for example, :749/chzu1), and in the denominator - the area of ​​the formed part of the altered land plot in square meters, rounded to the nearest 1 sq.m.

The designation of the formed part of the formed land plot on the Project Plan is given as a fraction, where the numerator indicates the designation of the formed land plot in accordance with paragraph 54 of the Requirements, a slash and a combination of lowercase letters of the Russian alphabet "chzu" with a number written in Arabic numerals (: 749: ZU1/chzu1), and in the denominator - the area of ​​the formed part of the formed land plot in square meters, rounded to the nearest 1 sq.m.

56. If the boundary of the land plot consists of several closed contours, on the Project Plan each such contour is identified by the designation of the land plot in accordance with paragraph 54 of the Requirements, where the numerator of the fraction is additionally given in brackets serial number contour, and in the denominator additionally in brackets - the area of ​​such a contour in square meters, rounded up to 1 sq.m.

______________________________

* Collection of Legislation of the Russian Federation, 2002, N 30, art. 3018; 2003, N 28, Art. 2882; 2004, N 27, Art. 2711; No. 41, art. 3993; No. 52, art. 5276; 2005, N 10, art. 758; No. 30, art. 3098; 2007, N 7, Art. 832; 2008, No. 20, Art. 2251; No. 49, art. 5748; 2009, N 1, art. 5; No. 19, art. 2283; 2011, N 1, art. 32, 47.

Appendix
to project requirements
land surveying

With changes and additions from:

Total sheets _______

Land surveying project

Title page

1. Cadastral number of the land plot or land plots from which (which) the allocation of land plots is carried out on account of the land share or land shares (hereinafter referred to as the changed land plots):

2. The number of land plots that are allocated on account of a land share or land shares (hereinafter referred to as the land plots being formed):

3. Information about the customer for the preparation of the survey project:

(last name, first name, patronymic (if there is a report) of an individual, full name of a legal entity, local government

Place for imprinting the seal of the customer of cadastral works

4. Information about the cadastral engineer:

Last name, first name, patronymic (if available)

N qualification certificate of a cadastral engineer

________________________________________

contact number

_________________________________________________________

Postal address and e-mail address for communication with the cadastral engineer

__________________________________________________________________________

Abbreviated name of the legal entity, if the cadastral engineer is an employee of the legal entity

_______________________________________________________________

Signature ___________________________

Date "__" ____________ ________

Place for the imprint of the seal of the cadastral engineer

5. The project of surveying land plots is approved:

Signature _________________________________

date "__" ____________ ________

Land surveying project

Sections of the survey project

Sheet numbers

Land surveying project

Explanatory note

Land surveying project

Initial data

List of documents used in the preparation of the survey project

Title of the document

Document details

Land surveying project

Information about the formed land plots and their parts

1. List of formed land plots:

Land plot designation

Information about copyright holders

Information about the rights Designation of the land plot

Designation of a part of the border

Horizontal application (S), m

Description of the passage of part of the border

3. Information about the formed parts of the formed land plots:

Designation of the land plot _____________________________________________

Part designation

Land surveying project

Information about the changed land plots and their parts

1. List of changed land plots:

Cadastral number

altered land plot

Cadastral numbers of land

areas included in

altered land,

from which

land

Designation

formed

land

2. Information about the formed parts of the changed land plots:

Cadastral number of the land plot ______________________________________________

Part designation

Area (P),

Description of the part (including the content of the restriction (encumbrance) of rights)

Land surveying project

Information on providing access to the formed or changed land plots

land for which

access

Cadastral number or designation

land, through which

access

Starting the development of a planning project for any property, first of all, you need to understand the essence and purpose of this document. Preparation of a land surveying project is integral part a package of documents formed for the planning of a plot of land where structures already exist or are just being planned. Such a plan may be required to clarify the boundaries of the territory without taking into account its development.

What is the preparation of planning projects and land surveys

Territory survey project(hereinafter PMT) - a special type of documentation in urban planning, which is formed for activities that require internal land surveying. This process is not recorded in the cadastre and differs from land surveying in its purpose - the allocation of territories.

Land surveying allows you to mark the area assigned for construction, or perform other work by creating a structure in a specific area. In other words, when a common area needs to be divided into smaller parts, they resort to compiling a PMT.

The basis for the formation of the project is taken from the data of architectural and urban planning, which determine whether it is possible to transfer the idea of ​​the developer to a specific area. It is a coordinating plan that ensures coherence and harmonious implementation of both documents.

The information contained in the PMT is publicly available to all interested parties. For informational purposes, it is published on specialized sites by specialists of geodesy departments operating under municipal offices architecture.

In turn, territory planning project(hereinafter PPT) belongs to the category of urban planning documentation. It is closely related to the land surveying plan, from which it differs in more detailed characteristics based on the smallest subtleties of calculating the optimal result from future work and minimizing the likelihood of errors during the construction process.

In addition, the PPT includes data that goes far beyond the area where the internal survey is planned. It extends to a complex context, which should include the development of the site. The development of this document and the preparation of a project for land surveying are carried out simultaneously. However, the first contains a number of additional and very important information, which are further studied for the delimitation of a certain piece of land.

These materials include drawings depicting:

  1. linear objects;
  2. capital construction facilities;
  3. infrastructure diagrams.

Why is it necessary to prepare projects for planning and land surveying of territories

The above projects provide a great service in organizing the preliminary preparation of a land plot for construction. They can be put into service on empty, newly allocated lands, and on the built-up areas with an already developed structure.

When construction begins on undeveloped land, the developer's desires are virtually limitless. But still, it is necessary to take into account the composition of the soil and bring the prospect of development in line with its qualities. It's no secret that the originality of lands can become an obstacle to their maximum filling with capital structures.

In addition, it sometimes happens that the areas received for construction should not violate harmonious combination already erected objects and buildings in the style that is predetermined by the urban plan. This function is performed by the considered project documentation, which takes into account all the subtleties of the upcoming construction.

An equally important contribution is made by the preparation of projects for planning and land surveying of territories in planning the development of areas with ready-made capital facilities. In such cases, design work will pursue a different goal - write correctly new houses into the finished town-planning composition.

In addition to the clear tasks assigned to such projects, they also perform a single function - system organization of construction, which has great importance in the case of large-scale urban complexes.

Sometimes in the capital, regional and regional building blocks, where land plots for building are very expensive, in order to make a profit, the rules for exploiting the areas under the erected structures are deliberately not observed. Numerous cases of such offenses are observed in Moscow and St. Petersburg. Therefore, the most stringent requirements are imposed here for the preparation of projects for planning and land surveying of territories in order to comply with the necessary regulations and correct the identified shortcomings.

Along with buildings, PMT is used for any division of the plot land into small parts in the absence of allotment and registration in the cadastre.

Thus, a survey plan may become necessary in the following cases:

  1. establishing the boundaries of the exploitation of a share of land area in joint shared ownership, when the total array is measured into separate parts;
  2. isolation from the common territory of a certain area alienated in the process of encumbrance installation.

Under these circumstances, projects are drawn up according to the will of the owners and make it possible to make the use of the land the most productive. At the same time, they are not mandatory.

If one large lot to be subdivided into several smaller parts, or to carry out activities that are not included in the inventory records, there is a need for boundary project.

All changes and amendments made during the survey are reflected in the records. These materials are detailed included in the plan in order to operate only with them when preparing a project for surveying the territory.

Surveying belongs to mandatory conditions and carried out in the process:

  • cutting plots of land;
  • reassignment of areas (most often, the breakdown of a large area into several small ones, or vice versa - combining small parts);
  • specification of boundaries (in disputes with neighbors, litigation, etc.);
  • registration of land property;
  • conducting a transaction;
  • structures on the land area of ​​capital buildings.

Based on the results of the survey, a plan is formed, which is subsequently taken into account in the cadastral records.

A boundary plan is necessary for each owner whose land has been demarcated, but the boundary project is an auxiliary document. However, the latter contains key land registration data based on information from the survey plan.

Moreover, there is predestination - the creation of one project for the development of another, although they have different information content. The basic information proposed by the planning project serves as the basic basis for creating a PMT and vice versa.

The close relationship of these documents requires their prior mutual agreement. In any case, the preparation of planning projects and land surveying of the territory will provide real assistance in resolving land disputes in terms of territorial demarcation.

The boundary project is a document officially confirming the landownership of equity holders. This is due to the obligatory cadastral registration of a common plot under a number that is the same for all owners, which establishes the joint and several right of their common land ownership.

Since individual shares (plots) of land are not included in the cadastre, in practice they testify to the property belonging to individuals only according to the land surveying project.

Preparation of a land surveying project without a territory planning project

Article 41 (p. 5) of the Town Planning Code of the Russian Federation (No. 373-FZ) explains that the preparation of a land surveying project without a territory planning project applies only to a site where no measures are foreseen for its stable and integrated development, as well as the construction of linear objects with the aim of:

  1. adjusting the boundaries of created and modified land plots;
  2. indications, changes or abolition of red lines in relation to built-up areas where the construction of new capital facilities is not planned;
  3. indicating, changing or abolishing red lines due to the creation or reformation of a piece of land, if these actions only affect the modification of the boundaries of the common area.

The structure of the land surveying project

The content of project documentation (in particular, PMT) has the form of a standard and consists of a text and a cartographic part. The first is based on a table, which is descriptive and informational in nature and outlines the main directions of land surveying, designed in the area.

It contains several sections, which include:

  1. Main part.
  2. The main (private) conclusions on the formation of the text and the cartographic part.
  3. Sections of both parts of the TMP (text and cartography), located throughout most of the project and including many paragraphs with subparagraphs.
  4. Content.

At the beginning of the document there is a title page indicating the performer of the work and a brief overview of the structure of the land surveying project and its content. Further, annexes with separate information and an explanatory note on the project are provided. They contain some subtleties that are quite useful, but are not the basis for design.

The text part of the PMT consists of several sections. These include:

  • Brief information about the area for which the document was developed.
  • Basic provisions with regulatory conditions for the performance of work.
  • Table explaining the survey procedure. Here are all the data on the results of the survey work.
  • Explanatory note and Annexes explaining the intricacies of land management or the surveying procedure itself, which are not reflected in the information table.

Additionally, the annexes indicate the legal acts that form the basis of the project.

A serious design stage is the construction of a map. The graphic or cartographic part of the project includes a detailed map of the area with the drawing of the newly established boundary boundaries. This scheme is drawn up in paper form. When creating a map as basic system an electronic medium is used, from where the plot format is transferred with the actual content, recreating its current structure at the time of preparation of the land surveying project.

Updated information during the development process reflects the potential current or planned context, which is transferred to the model interactive map with the help of special topographic signs.

The graphic part of the project document should show the boundaries:

  • the development site itself, indicated in the PPT (red lines);
  • permissible exit beyond the red lines (boundaries beyond which it is forbidden to take out buildings and structures);
  • built-up plots of land;
  • erected objects and structures;
  • sites where construction of objects of local, municipal and federal scale is planned;
  • territories with a special order of use;
  • special zones classified as cultural heritage.

If necessary, project information is displayed on a cartographic basis manually in blue color only. At the same time, all requirements and rules for the development of the project must be observed.

What to look for when drafting a land surveying project

The land surveying project and the requirements for its preparation are in the legal field of standards approved by federal law. But the main document is the Order of the Ministry of Economic Development of Russia No. 388 of 08/03/2011 "On approval of the requirements for the land surveying project."

The composition of these provisions for the development of PMT includes:

  1. Rules for the proper design of the cartographic part, including format (A4), scale, ink color (purple or blue). The use of a pencil is prohibited.
  2. The use of only the Russian alphabet and the corresponding literal expressions for writing words and images.
  3. Sheet numbering order using Arabic numerals.
  4. Rules for transferring data to the next sheet.
  5. List of items required for the preparation of the PMT.
  6. The total amount of text.
  7. Rules for the preparation of the project of surveying the territory.

The above requirements define the standard procedure for entering information into the PMT for a number of information materials that establish:

  • contractor and customer of the project;
  • the essence of the explanatory note;
  • cadastral (primary) characteristics of the site;
  • cadastral information about the projected parts of the site;
  • data on the admission of specialists to the site;
  • graphic plan;
  • application content.

Preparation of a land surveying project: main stages

The preparation of a land surveying project can be carried out in two different instances, the type of activity of which implies a number of features and differences in the methods followed when applying. The regulatory framework of the document is aimed at building codes and regulations No. 30-02-97. Let's see who can implement PMT. Let's consider several options.

Option 1.Contacting the administration

This is suitable in the case when the LSG of a particular locality provides the specified service. To this end, you need to resort to the services of the Department of Urban Planning and Architecture in the local administration. For residents of the capital and St. Petersburg, such a body is the Committee for Urban Planning and Architecture. There you should get technical task for the design and draw up an order for the preparation of a survey project. The addressee for the appeal is the head of the administration or another authorized official, for example, the head of the land management department.

Stage 1.Collection of documents

In the process of applying, an application is made in the name of an authorized person, supplemented by a set of documents, which includes:

  • certificate of ownership (other form of law);
  • a sketch of the general layout of the storage facility, supplemented by a communications scheme;
  • cadastral passport;
  • extract from the cadastre on the presence of capital real estate objects;
  • topographic plan indicating the laid communications.

Stage 2.Project preparation

Having the necessary documentation in hand, you can begin to prepare a project for surveying the territory. First of all, papers sent by the applicant and documents owned by the administration are considered. Attention is paid to the following points:

  • study of soil structure at the construction site;
  • features architectural style;
  • environmental friendliness of the work carried out;
  • technical support of the planned events;
  • studying the results of new development.

Based on the results of consideration of these issues, a decision is made on the possibility of performing the declared work on the land plot. With a positive decision of the local authority, a technical task is formed, according to which the approved cadastral work is carried out.

Stage 3.Development of a project for planning and surveying the territory

The preparation of projects for planning and land surveying of territories includes an indispensable condition - the implementation of the topographical part. This process consists in transferring the cartographic base available in the cadastral map of the memory of the Rosreestr information base, where the current boundaries separating the site are indicated. On a basic basis, according to the survey scheme, new internal demarcations are noted. Linear and other planned facilities that will be built on this land are displayed during the development of the PPT.

Stage 4.PMT approval

At the end of writing a text with applications and drawing up a drawing, the turn of the project comes to the approval of the territorial authority. To do this, you will need an extract from the Master Plan for the development of the territory, which includes the positioned plot of land.

Coordination takes place in the form of public hearings, at which the appropriate decision is made. What it will be - positive or negative - depends on the objective state of the territory assigned for the design. It takes into account all natural and man-made factors that cause seismic phenomena and affect the integrity of the landscape.

If the result is unfavorable for the developer, the reasons for the refusal are detailed point by point and are confirmed by expert conclusions. All shortcomings and design errors discovered after the approval of the plan, together with amendments, are entered into a separate protocol and attached to the rest of the documentation, but the project itself does not change.

To this end, the municipal body that carried out the coordination re-examines this issue. To do this, the founder of the project must present in the form of evidence the conclusions of specialists or necessary calculations, and then submit an application for revision of the project of land surveying.

After approval by the administration of the forthcoming work, another document is drawn up with the introduction of updated data there. For issues related to shared ownership of land and internal work, the problem of improving the document is decided at a collective meeting of equity holders. Then the project is coordinated in the power grid, GVK and gas service (if the site is gasified)

30 days are allotted for this, during which the administrative commission finds out whether the site is suitable for the planned activities, and sets the day for the hearing. Information about the adopted decision is brought to the attention of the designer within a period of not more than three days. Basically, the preparation of a land surveying project takes 4-7 months, taking into account the complexity of the planned work. If both projects are being prepared at the same time, then the deadlines are extended accordingly.

Any work related to such projects is performed on a paid basis. Their cost is determined by the degree of complexity and scale of the activities.

Option 2.Contacting commercial companies

This method is used when the administration refuses to approve the project. This becomes possible by virtue of territorial orders and local legal acts. In such situations, it is better to resort to the services of local architectural firms that have a license for the relevant activity.

At the same time, the preparation of a land surveying project and the collection of documentation occur in exactly the same way, however, it becomes possible to order a technical assignment and its official approval from the contractor. In this case, there may even be no need for a sketch of the general development plan, since the company has the right to obtain it on its own. Its employees make a copy of the cadastral map, where design details are applied in accordance with the terms of reference.

The approval process is similar - through public discussions. Responsibility for the preparation and submission of the project for hearing is determined by the contract. The presence of this documentation at the beginning of the construction of capital structures allows the replacement of other papers necessary for the approval of project construction.

Under such circumstances, the terms may be reduced to a calendar month, which is determined by the terms of the contract and the scope of work. Moreover, each type of work is calculated individually. In small areas, the price for surveying starts from 30,000 rubles and includes only the development of a document. For the construction of a multi-storey building, the preparation of a land surveying project can cost up to 400,000 rubles or more.

It does not at all follow from the statement of the PMT that the people living on this site become the owners of the adjoining territories. To really become owners of their land, they need to vote for it at a general meeting, order a boundary plan from one of the specialized companies and register the site in the cadastre. After the adoption of these measures, there can be no doubt that the land will remain with the owners.

In a civilized legal country, each meter of land has an owner and its own status, which determines what is permissible and prohibited on this land. Therefore, the planning of the territory is the only way to establish fair rules for land use in the conditions of Russia, where quite recently the land was ownerless and was distributed for bribes to officials in power and their associates.

Preparation of a land survey project for linear objects

concept "line objects" laws are almost not explained, they list only the types of LO. This state of affairs complicates the cadastral activities on objects. In addition to cadastral acts, they need to comply with the Civil, Land and Town Planning Codes.

A variety of structures (by type and purpose), qualifying as line objects, are capital buildings distinguishing feature which is an increased length. They are flat and voluminous, used for production tasks, storage or transportation.

In addition, LOs are related to the earth in a special way - they can be ground, above and underground objects. In other words, such objects include railways and highways, any pipelines, communication lines and power lines, sewer and storm systems.

Not every linear object requires registration of a land plot for development, but for the vast majority of ground structures (roads, steel and heat mains, gas pipelines and power lines), registration is mandatory. For the laying of above- and underground facilities (engineering and technical communications), the land does not need to be registered.

Territory with boundary, cadastral registration and property rights planned for the construction of the LO, has characteristic features that belong only to her. The size of land plots is determined by their purpose and building codes.

The main difficulty of working with linear objects when preparation is underway territory planning project and land surveying, is to register a piece of land located under them. The area is very large and runs through the lands of different owners - owners, tenants or permanent users.

When roads, pipelines and power grids are planned to be operated, full ownership of the land is required. For each LO in cities it is impossible to form a separate piece of land due to their huge number and dense concentration (almost one above the other). In such cases, it would be necessary to allocate their shares to formalize the lease with all owners.

In fact, everything is easier in the city. ZUs are excluded from municipal ownership for the construction of linear facilities by signing a selection act. According to the approved document, the layout of the site for the cadastral plan is formed.

When a line feature has an owner or tenant, the parcel is created differently. It is required to have the consent of the owner of this area and a preliminary lease agreement concluded with him, which determines the location, size and purpose of the site. Such measures are obligatory for further land lease. This is followed by preparation land surveying project, its registration in the Cadastre and the signing of the lease agreement by the parties.

The indefinite operation of the site provides for the refusal of its copyright holder, which confirms Land Code ( Art. 45, 53), after which it is drawn up by analogy with the withdrawal from state property.

With the owners of the site and tenants, issues of payment of costs are settled, which increases the costs of the developer. If the LO is located on agricultural land that belongs to the common share, you will first have to draw up a division of the land plot with registration of property rights, then divide it into parts and draw up a lease agreement (No. 101-FZ).

There are two ways to officially register a land plot for an existing linear facility: registration of land under the supports of ground structures or registration of a strip for an entire facility. In order to save money, land users choose the first option, which is much simpler. Nevertheless, it is very problematic, since aboveground and underground facilities require maintenance, and conflicts with landowners also occur. (limited exploitation of someone else's site), but only at the stage of use, and not development.

The processes of designing and surveying the LO are in the legal field of articles 89-91 of the Land Code (edition 2001).

Article 89 establishes the procedure for the allocation and use of memory for the needs of linear facilities associated with energy structures.

Article 90 defines land used for transport systems, and gives a list of LOs. Property rights to plots are regulated by the provisions of the Land Code and laws of the federal (regional) level, taking into account the type of transport.

Article 91 describes the types of linear objects of television, communications, computer science, as well as the procedure for allocating sites for them.

To put the LO into operation as a capital one, it should be put on cadastral registration. When it is drawn up, a cadastral passport with a permit to operate the facility must be attached to the documentation for the land plot.

The development of the technical plan and the official registration of the object in the preparation of planning projects and land surveys is carried out by cadastral engineer. The Urban Planning Code of 2004 defines the "red lines" that delimit land plots (actual, planned), where LOs are located. Accordingly, the technical plan should contain their contours, moreover, now they require a clear indication of these boundaries. Properly prepared after surveying, the technical plan, together with the rest of the documentation, allows you to officially register a linear object in the Cadastre.

The totality of up-to-date data on the development of territories, supported by the characteristics of the memory with structures, in the form of a text part and graphics form information system ensuring urban planning activities (abbreviated ISOGD). Its main task is to provide operational information on the level of development of territories within its boundaries, which is necessary for the work of developers and municipal authorities.

Data ISOGD accumulated and provided in accordance with Art. 57 of the Town Planning Code of the Russian Federation. It established that such systems are an information resource for a limited circle of people and contain information that indicates:

  1. territory planning documents;
  2. rules for the exploitation of land and its development;
  3. zoning map with delineated boundaries;
  4. acts on the reservation or alienation of memory to the state (municipality) approved by officials;
  5. cartographic data on all objects of the area;
  6. basic urban structures.

The entire array of information is collected in a general list of data on demarcated territories with site boundaries. The database also contains information about the generated memories. All information about the lands planned for some kind of activity is collected in an urban planning plan, which, according to Urban Planning Code refers to information sources for persons interested in their development.

By law, the ISOGD database is maintained in urban districts and municipal districts. All information flows there from the state bodies of the federation and village councils no later than seven days after the paperwork is completed for transfer to the system in the format of paper copies and in in electronic format. After that, the data is processed for 14 days, after which it enters the database. Free receipt various information (with the exception of data with restricted access) is provided to authorities, cadastral organizations and developers.

Preparation of a project for land surveying from 01/01/2017

By Order of the Ministry of Economic Development No. 921 dated 08.12.2015 “On approval of the form and composition of the information of the boundary plan, requirements for its preparation”, new conditions for this process were approved.

The changes came into force on 01/01/2017.

According to the requirements of the new Order the boundary plan consists of a text part, which includes sections:

  1. “general information about cadastral works;
  2. initial data;
  3. information about the performed measurements and calculations;
  4. information about the formed land plots;
  5. information about the changed land plots;
  6. information on providing access (passage or passage from public lands, land plots of public use, public territory) to the formed or changed land plots;
  7. information about specified land plots;
  8. information about parts of the land plot;
  9. the conclusion of the cadastral engineer;
  10. the act of coordinating the location of the boundaries of the land.

The graphic part of the boundary plan includes the following sections:

  1. scheme of geodetic constructions;
  2. layout of land plots;
  3. drawing of land plots and their parts;
  4. outlines of the nodal points of the boundaries of land plots.

Among the innovations, the following points can also be noted:

  1. A new section with information about the parts of the memory - "Information about the parts of the land."
  2. There are no possible methods for creating a memory (there are only methods indicated in clause 9 of the Land Code).
  3. The section “Information on altered land plots” is included in the land survey plan for the formation of the site not only by allocating a share as an offset, but also a section where the original land plot remains within the revised boundaries, but also “another transformation in accordance with the legislation of the Russian Federation, as a result of which the original land plot is preserved in changed boundaries.
  4. The number of motives for introducing the section “Conclusion of the cadastral inspector” into the land surveying plan has been expanded if in the process of cadastral operations a discrepancy between the actual boundaries of forest parks (forestry enterprises) and the USRN data is found, violating the Civil Code of the land plot.
  5. The obligatory signing of the electronic form of the boundary plan is established only by the UKEP of the cadastral engineer who prepared it.
  6. The package of documents for the preparation of a land surveying project (in particular, MP) has been increased. It included PPT, territorial planning papers, schemes of land plots on the cadastral plan of the area, decisions on the approval of this scheme, design documents for forest plots.

Changes have been made to the section " General information about cadastral work":

  1. In the case of forest parks (forestry enterprises), requisite 2 "Purpose of cadastral work" requires the entry of a registration entry number from the forest state register.
  2. MP applications are now supplemented with the consent of each individual to the use of his personal data.
  3. There was a mandatory information about the SRO, the details of the contract for the production of cadastral works.

Converted and section "Initial data":

  1. First of all, documents containing USRN information (cadastral basis) are indicated.
  2. Not only data are added about OKSs located on the site, but also other objects that are closely tied to the ground.

There are new items in the section "Conclusion of the cadastral engineer":

  1. In the process of creating a land plot on the basis of the Federal Law, regardless of the time of state registration of property rights in the USRN, the obligation to refer to a legislative act that gives this right is fixed.
  2. If the right to a plot of land appears due to the location of a real estate object (including MKD) on it and there is no information in the USRN about the ON or its purpose, the attributes of a document confirming the real address and mission of the object should be entered.

The section has also changed. "Information about the formed memory":

  1. First, information is provided on the outer boundary of the land plot, then data on its inner boundaries (if available).
  2. Now the address is indicated in a structured form, as required by FIAS. And according to the MHI/OGV act, information about the place of residence can be entered into the land survey plan only if the relevant state register does not contain the address of the land plot assigned to it earlier, that is, before the start of the Decree No. 1221 “On approval of the rules for assigning, changing and canceling addresses”. For storage facilities located in "garden" areas, their name and number may be indicated in the MP in accordance with the land surveying project.
  3. The boundary plan can include data on the main, additional and conditionally permitted methods of exploiting a plot of land (with the exception of circumstances when the RI is similar to the RI of the original storage facility). It was also added that they are marked according to the zoning of the area (including the urban planning regime), the decision on the preparatory approval of the allocation of storage facilities, the decision on the approval of the layout of the site at the KPT. Moreover, if the storage device is intended for general use or is located on the territory of joint use, an additional note should be made: “Storage device for general use”, “The storage device is located on the territory of collective use”.
  4. An indication of the motives for the onset of ownership rights was added to the characteristics of the land plot, if they appear legally, regardless of the time of the official registration of the land (link to the used article of the Federal Law).

There were innovations in the section "Information on providing access (passage or passage from public lands, public storage, public areas) to the formed or modified storage."

Such information about the plots owned by the state is included on the basis of a specific act of the OGA / MLA (for example, the layout of plots at the KPT, projects of their boundaries, notifications about the possibility of signing, in a different format with diagrams of its borders at the KPT and documents on its establishment). All available documentation (in the form of copies) is included in the Appendix.

Another section - "Information about the parts of the memory"- combines the data separated by the order into separate sections:

  1. "Information about the formed memory and their parts";
  2. "Information about the modified memory and their parts";
  3. "Information about the refined memory and their parts."

The boundary of the land plot must not cross:

  • limits of the municipality or locality, except for episodes of detecting errors in the USRN system in the location of their borders due to inaccuracies in the documents from which the data was entered into the database;
  • the boundaries of geological work on the study of subsoil, the limits of territorial zones, forest parks and forestries, in addition to the facts of detecting errors in the USRN system in the location of the boundaries of the territory, as well as the creation of a memory for searching for mineral deposits;
  • linear facilities, reservoirs, hydraulic structures and other artificially created water bodies.

The list of documents that can be used for the graphic part in the preparation of a land surveying project has been expanded; added to it:

  • location data cultural heritage;
  • design materials for forest plots;
  • territorial planning papers.

Chapter "Storage layout" also contains information about the zones where monuments of history and architecture are located. Here you can schematically draw red lines according to the approved area planning project (PPT).

The number of approval acts issued in the process of cadastral work to correct the location of the boundaries several adjacent land plots, should be consistent with the number of specified land plots.

Litigation related to land surveying

Dispute 1.Cadastral error in the designation of boundaries

The root cause of all disputes regarding the boundaries of the memory are cadastral misunderstandings in the form of a mismatch between its boundaries: official (established by the state real estate cadastre) and real (applied to the area). Such an error causes certain difficulties in the operation of a piece of land. Such an oversight can be made by the authorities or the cadastral engineer, who incorrectly displayed the plot diagram, or by the judicial authority that made the decision.

If inconsistencies are found in the information included in the real estate cadastre and the actual parameters of the memory, the owners of the MKD premises may well demand that the inaccuracies be corrected without litigation.

Such an out-of-court procedure is applicable if there are no disputes between the applicants, owners of adjacent plots and Rosreestr, or when resolving these disagreements before the court. Information about the occurrence of a land dispute on the fact of the location of the borders of the LZ is entered in the USRN (state register of real estate) and stored there until it is resolved (Article 43 of the Federal Law No. 218 of 07/13/2015).

If agreement on the boundaries of the site is not reached, then the owners of the premises of the MKD or their full representative may apply to the court with statement of claim on the establishment of real boundaries disputed territory. The owner of a neighboring plot of land will act as a defendant in this proceeding, and Rosreestr will become a third party.

In order to clarify the actual delimitation of the disputed land plot, the court is obliged to demand the MP of the site and, if necessary, other materials on land management. In addition, judges can initiate a land management expertise on the basis of Art. 79 of the Code of Civil Procedure. In this case, the expert will be tasked with clarifying the proportionality of the official and actual boundaries of the disputed territory, clarifying the size and nature of the error in the actually formed boundaries, and other significant issues.

When the court decision enters into force, an application should be submitted to Rosreestr for registration of a land plot in the Cadastre or for its registration with the cadastral register in view of the clarification of the boundaries of this territory by a court decision.

Dispute 2.Technical flaw

Such errors include a typo, misspelling, arithmetic or grammatical error. Registry errors are a separate group of technical flaws. They can be allowed during the registration of ownership of the memory and are found in the project of land surveying, land surveying and technical plans, survey act and map-plan of a specific territory.

There are two ways to fix a technical flaw:

  • pre-trial procedure (3 days are given to correct a technical error, 5 days are allotted for a registry miscalculation after its discovery or receipt of an application for correction);
  • a court decision is required in cases where the correction of a registry (technical) defect may damage (violate) the legal rights of owners or third parties relying on the relevant USRN information.

Dispute 3.Formation of a storage facility without taking into account the benefit of the owners of the premises

The location of the boundaries and the size of the plot within the built-up areas, as well as its area, are established in accordance with the urban planning regulations and the norms for allocating land plots (Article 43 of the Urban Planning Code, paragraph 4). This should be accompanied by consideration of the interests of the owners of the land where their MKD is located. The area of ​​land on which a multi-storey residential building is built necessarily includes the part directly occupied by the MKD along with the adjacent territory necessary for its operation.

The need to confirm the circumstances that led to the formation of a land plot in questionable boundaries and volume rests with the local authority. The basis for correcting the data on the disputed area in the real estate cadastral register is a court decision that determines its legal boundaries.

Now quite often the practice of land surveying is used “along the edge of the foundation” (that is, along the “blind area”) of a multi-storey building or along the boundaries of the “building spot”. Contrary to the provisions of the Housing Code (Article 36) and the opinion of the Constitutional Court of the Russian Federation on the need to create a land plot, taking into account the elements of improvement and gardening adjoining territory jurisprudence is based on the opposite point of view.

Expert opinion

On the protection of the territory near the MKD

Susana Kirakosyan,

PhD in Law, mediator, partner of the law firm "Estoc-Consulting"

If the owners of the premises of a multi-storey residential building, as co-owners of the land plot under this structure, have not approved the procedure for its use, they do not have any special rights to own and operate this territory, which they could well have on the basis of lease, lease, loan and etc.

Even when a plot of land under an MKD has not been created, the owners of its premises can seek the elimination of any infringement of their rights to operate the LZ (Introductory Law to the Housing Code, art. 16 and interpretation of the higher courts), although these violations are not related to the loss of possession, including land owners (Civil Code of the Russian Federation, Art. 305).

In the practice of court cases, there are many examples of upholding by the owners of MKD their rights to exploit the land plot under the building. Most often, citizens demand the elimination of obstacles to passage and passage, the demolition of objects illegally built in the local area, and the dismantling of enclosing structures. Similar requirements are imposed not only on violators in the person of the owners of the premises, but also on the HOA, UO, municipal authorities as third parties.

The owners of the premises of the high-rise building will have to prove that the actions of these persons are illegal and interfere with the owners of the site in the exercise of the rights of use. For example, a trench dug in front of the MKD for the repair of heat and water supply lines creates some obstacles. However, if there are legal grounds for these actions, they cannot be appealed.

Hello friends! I did not write today's article for you. It was written by my colleague, a great specialist in urban planning and architecture. I think that she will appear on the blog and answer your questions in the comments.

Friends, her articles and articles by other specialists will continue to appear on the blog. Since I cannot reveal all the subtleties of urban planning alone, I will try to attract specialists from different areas to the blog for this.

So, I present to you an article on that topic: “The project for planning the territory and the project for surveying the territory”:

“How to properly use such an important resource as territory? How to ensure its development if various objects are placed on it? These and other questions can be solved by the planning of territories.

The main provisions on the planning of the territory are given in Chapter 5 of the Civil Code of the Russian Federation.

Territory planning documentation is subdivided into territory planning projects (hereinafter referred to as PPT), land surveying projects (hereinafter referred to as PMT) and town planning plans for land plots (hereinafter referred to as GPZU).

The composition of the PPT is given in Article 42 of the Civil Code of the Russian Federation:

I will not dwell on the content of drawings, diagrams and explanatory notes in detail, I will note that the territory planning project consists of the main approved part and materials for its justification.

With examples of territory planning projects prepared at the initiative of municipalities Chuvash Republic, you can find on the site Ministry of Construction of Chuvashiaand on municipal websites.

Territory survey project

The composition of the PMT is given in Article 43 of the Civil Code of the Russian Federation:

Click on the picture to enlarge

PMT is developed on the basis of PPT and can be performed both as part of it and separately from it.

Town-planning plan of the land plot

GPZU can be developed as part of the PMT, but most often it is prepared in the form of a separate document, about which will be discussed in the next article.

Who prepares the territory planning documentation?

According to part 8 of article 45 of the Civil Code of the Russian Federation, the preparation of APT and PMT can be carried out directly by executive authorities or local governments or other persons who may be involved by them on the basis of a state or municipal contract:

Exceptions are specified in part 8.1, they are cases where there is an agreement on the integrated development of the territory or an agreement on the development of a built-up area:

The preparation of documentation for the planning of the territory can be carried out by individuals or legal entities at their expense.

Features of the preparation of documentation for the planning of the territory, developed on the basis of the decision of the local government, are set out in Article 46 of the Civil Code of the Russian Federation.

I will note an important fact - for such projects of planning and land surveying of territories before their approval mandatory public hearings.

The exception is the cases specified in part 5.1 of Article 46 of the Civil Code of the Russian Federation:

The procedure for preparing planning projects and land surveying projects is lengthy and laborious, because it is necessary that the documentation be completed on the basis of territorial planning documents and the rules for land use and development, as well as that the requirements of technical and urban planning regulations, urban design standards must be observed.”

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In accordance with paragraph 3 of Article 13.1 of the Federal Law of July 24, 2002 No. 101-FZ “On the turnover of agricultural land” (Collected Legislation of the Russian Federation 2002, No. 30, Art. 3018; 2003, No. 28, Art. 2882; 2004 , No. 27, item 2711, No. 41, item 3993, No. 52, item 5276; 2005, No. 10, item 758, No. 30, item 3098; 2007, No. 7, item 832; 2008, No. 20, article 2251, no.49, article 5748; 2009, no.1, article 5, no.19, article 2283; 2011, no.1, article 32, article 47), I order:

Approve the attached requirements for the land surveying project.

Acting Minister I. Manylov

APPROVED
by order of the Ministry of Economic Development of Russia

REQUIREMENTS for the land surveying project

I. General provisions

1. Requirements for the project of land surveying (hereinafter - Requirements) establish the rules for drawing up a land surveying project (hereinafter referred to as the Land Surveying Project).

2. A land surveying project is prepared in relation to the land plot (land plots) allocated on account of the land share (land shares), taking into account the requirements of the Federal Law of July 24, 2002 No. 101-ФЗ “On the turnover of agricultural land”.

3. The survey project is approved:

1) by decision of the general meeting of participants in shared ownership of a land plot (land plots) from agricultural land;
2) by the decision of the owner of the land share or land shares.

4. The land surveying project determines the size and location of the boundaries of a land plot or land plots that can be allocated on account of a land share or land shares (hereinafter referred to as the land plots being formed).

The Land Survey Project, subject to approval by the decision of the general meeting of participants in shared ownership of a land plot (land plots) from agricultural land, also includes information about land plots allocated on account of land shares that are in municipal ownership (if any), and about land plot or land plots, the common ownership of which is retained or arises.

5. The size of a land plot allocated on account of a land share or land shares is determined on the basis of the data specified in the documents certifying the right to this land share or these land shares in the manner prescribed by Article 13 of the Law on Circulation.

6. The survey project consists of text and graphic parts, which are divided into sections.

In cases stipulated by the Requirements, an appendix is ​​included in the Land Survey Project.

7. The text part of the Land Survey Project includes the following sections:

1) explanatory note;
2) initial data;
3) a list of owners of a land plot or land plots, from which land plots are allocated on account of land shares (hereinafter referred to as changed land plots);
4) information about the formed land plots and their parts;
5) information about the changed land plots and their parts;
6) information on providing access to the formed or changed land plots.
The title page and content are also included in the text part of the Land Survey Project.

8. The graphic part of the Land Surveying Project includes the section "Project Plan".

9. The survey project is completed in the following sequence: title page, content, sections of the text part, sections of the graphic part, application.

P. General requirements for the preparation of the Land Survey Project

11. The survey project is drawn up on paper in the amount of at least two copies.

At the request of the customer, the Land Survey Project is additionally issued in the form of an electronic document.

12. The survey project must be stitched and sealed with the signature and seal of the cadastral engineer. The signature and seal of the cadastral engineer are affixed on the title page of the Survey Project, on the Project Plan and on the back of the last page of the Survey Project.

13. The survey project is drawn up using computer graphics. When drawing up a Land Surveying Project, a combined method can also be used. Entering textual information manually (by hand) is done legibly with ink, ink or blue paste. Misprints, erasures, additions, crossed out words and other unspecified corrections are not allowed. All corrections in the Land Survey Project must be certified by the signature (with the surname and initials) and the seal of the cadastral engineer.

Pencil drawing of the Land Survey Project is not allowed. All recordings, except where noted, are made in Russian. Numbers are written in Arabic numerals.

The survey project is drawn up on A4 sheets. The section "Project plan" can be drawn up on sheets of a larger format.

14. The numbering of sheets of the Survey Project is continuous within the document. Documents included in the application are not numbered.

If the information does not fit on one sheet of any section, it is allowed to place them on several sheets or on the back of the corresponding sheet. In this case, on each sheet or on each page of the relevant section, the following information is reproduced: the words "Land Survey Project" and the name of the corresponding section of the Survey Project.

If sections of the Survey Project are placed on sheets with a turnover, when filling in the requisite "Sheet N ___" of the corresponding section of the Survey Project, the page number is additionally separated by a comma.

The total number of sheets of the Survey Project, including the number of sheets of application documents, is indicated on the title page.

15. Unfilled details of sections of the text part of the Land Survey Project are not excluded, such details are marked with a "-" sign (dash).

16. A land surveying project is drawn up on the basis of a cadastral extract on the relevant land plot or a cadastral plan of the relevant territory.

17. If necessary, cartographic materials and (or) land management documentation stored in the state fund of data obtained as a result of land management can be used to prepare the Land Survey Project.

18. The annex of the Land Survey Project, approved by the decision of the owner of the land share or land shares, includes:

1) all objections received by the cadastral engineer who prepared the Land Survey Project regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares (if any), drawn up in accordance with paragraph 13 of Article 13.1 of the Law on Circulation;
2) the conclusion of the cadastral engineer on the removal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares (if there are objections specified in subparagraph 1 of this paragraph);
3) the conclusion of the cadastral engineer on the absence of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares, submitted in accordance with paragraphs 13 and 14 of Article 13.1 of the Law on Turnover (in the absence of objections specified in subparagraph 1 of this paragraph);
4) copies of documents certified by a cadastral engineer certifying the rights to a land share or land shares against which a land plot is allocated;
5) a copy of the notice on the need to agree on the Land Survey Project, provided for in paragraph 10 of Article 13.1 of the Law on Turnover (if such a notice was sent to participants in shared ownership);
6) a copy of the page of the printed publication containing a notice of the need to approve the Land Survey Project, provided for in clause 10 of Article 13.1 of the Law on Turnover, and a copy of the first sheet containing the details of the printed edition (if such a notice was published in the media, determined by the subject of the Russian Federation).

19. The annex of the Land Survey Project, approved by the decision of the general meeting of participants in shared ownership of a land plot (land plots) from agricultural land, includes an act of the relevant local government body confirming the powers of an official of the local government body specified in paragraph 10 of Article 14.1 of the Law on turnover, or a duly certified copy of such an act.

20. In the conclusion of the cadastral engineer on the removal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares, in the form of a coherent text, information is provided about the person who submitted the relevant objections, the reasons for his disagreement with the proposed size and location of the boundaries of the land plot being formed, as well as information on how to eliminate such causes.

The conclusion of the cadastral engineer on the withdrawal of objections regarding the size and location of the boundaries of the land plot allocated on account of the land share or land shares is signed by the person who withdrew the previously submitted objections (indicating his last name, initials and date of signing), and the cadastral engineer (indicating his last name, initials and date of signing). The signature of the cadastral engineer is certified by his seal.


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