Technical and Cadastral Registration of Real Property
Law 221 is a major change in the Russian property and property rights registration system. It applies practically to all property owners and rightsholders.
Law 221 describes the state cadastre of real estate ("Cadastre") as a systematic compilation of information on registered property, the state border of the Russian Federation, borders between Russian regions, city boundaries and borders between territorial zones.
Law 221 governs the relations arising from the Cadastre, state cadastral registration of properties and cadastral activities. It is a large document comprising five chapters and 48 articles, in this publication we will therefore only consider some major aspects of the property rights system affected by the new regulations.
Previously, technical registration and inventory was performed by specialized organizations — regional or municipal state enterprises known as BTI, and FGUP Rostekhinventarizatsia, the Federal version of the BTI. Law 221 assigns technical registration functions to the competent state authority, i.e. to the Federal Property Cadastre Agency (Rosnedvizhimost) with cadastral engineers to perform the property description and documentation required for registration.
Registration will be obtained by the rightsholders after they arrange for a cadastral engineer and the cadastral authority to survey the land plot and any buildings or other constructions present. Previously, a BTI was also involved in this work. The reduction in participants in this process should accelerate the performance of this task.
Besides, Law 221 substantially reduces the list of parameters required for cadastral registration. Thus, floor plans will not be required for buildings and structures. This will help reduce the time costs involved in producing registration documents.
Status of Previously Registered Properties
According to Law 221, all properties that undergo cadastral or state technical registration before March 1, 2008 are recognized as registered in accordance with Law 221.
Information on previously registered properties and the documents containing that information will be included in the Cadastre. Thus, the Cadastre will be a complete information resource containing information from all registration systems.
Cadastral Registration Documents
Law 221 determines that the cadastral agency should provide publicly accessible information in the Cadastre to anyone on request.
Previously extracts from the state land cadastre were issued for land plots, and technical passports of real properties for buildings, structures, and premises. According to Law 221, the main cadastral documents are cadastral passports (issued upon registration of the property) and cadastral extracts (issued upon registration of changes to the property, registration of a part of the property or deregistration of the property).
A transitional period will apply until January 1, 2010, during which Law 221 will not apply to buildings, structures, premises and unfinished construction. Registration of these objects during this period will be handled in accordance with the procedure that was in effect on the date Law 221 entered into force.
For the purposes of bringing certain legal rules governing formalization of rights to real property into conformity with Law 221, Federal Law No. 66-FZ "On Amendment of Certain Laws of the Russian Federation and Declaration of Certain Laws (Provisions of Laws) of the Russian Federation lapsed …" was passed on May 13, 2008. According to this law, amendments (concerning terminology and authorities' powers) were made to the RF Land Code, RF Town Planning Code, Federal Law on State Registration of Real Estate Rights and Transactions, and certain other laws. Federal Law No. 28-FZ on the State Land Cadastre of January 2, 2000 was declared no longer effective.