Article 69.2. State registration of objects that have a negative impact on environment, updating accounting information about an object that has a negative impact on the environment, removing state accounting objects that have a negative impact on the environment
1. Objects that have a negative impact on the environment are subject to state registration by legal entities and individual entrepreneurs carrying out economic and (or) other activities at these objects, in a government authorized Russian Federation federal executive body or executive body of a constituent entity of the Russian Federation in accordance with their competence.
2. State registration of objects that have a negative impact on the environment is carried out on the basis of an application for state registration, which is submitted by legal entities or individual entrepreneurs no later than six months from the date of commencement of operation of these objects.
3. Application form for state registration containing information to be included in State Register objects that have a negative impact on the environment, including in the form electronic documents, signed by enhanced qualified electronic signature, approved by the federal executive body authorized by the Government of the Russian Federation.
4. The federal executive body authorized by the Government of the Russian Federation or the executive body of the constituent entity of the Russian Federation, within ten days from the date of receipt of the application for state registration, is obliged to carry out state registration of an object that has a negative impact on the environment, assigning it a code and category of an object that has a negative impact on the environment, and issue a legal entity or individual entrepreneur with a certificate of state registration of this object.
5. The procedure for generating codes for objects that have a negative impact on the environment and their assignment to the corresponding objects is established by the federal executive body authorized by the Government of the Russian Federation.
6. Information about objects that have a negative impact on the environment is subject to updating in connection with the submission of information by legal entities and individual entrepreneurs:
on the replacement of a legal entity or individual entrepreneur carrying out economic and (or) other activities at a facility that has a negative impact on the environment, on the reorganization of a legal entity in the form of transformation, on changing its name, address (location), as well as on changing the surname, name, patronymic (if any), place of residence of the individual entrepreneur, details of his identity document;
about changing the location of an object that has a negative impact on the environment;
about changes in characteristics technological processes main industries, sources of environmental pollution;
on changes in the characteristics of technical means for the neutralization of emissions, discharges of pollutants, technologies for the use, neutralization and disposal of production and consumption waste.
7. Information specified in paragraphs two and three of clause 6 of this article, are submitted by legal entities and individual entrepreneurs to the federal executive body authorized by the Government of the Russian Federation or the executive body of the constituent entity of the Russian Federation in accordance with their competence no later than thirty days from the date state registration such changes.
on a change of owner (possessor) carrying out economic and (or) other activities at a facility that has a negative impact on the environment;
on the reorganization of a legal entity carrying out economic and (or) other activities at a facility that has a negative impact on the environment;
about changing the location of an object that has a negative impact on the environment.
9. When updating accounting information about an object that has a negative impact on the environment, a legal entity or individual entrepreneur carrying out economic and (or) other activities at such an object is issued a certificate of updating the accounting information.
10. A certificate of updating registration information about an object that has a negative impact on the environment is issued to a legal entity or individual entrepreneur within no more than ten working days from the date of submission of the documents provided for in paragraph 6 of this article.
11. Removal from state registration of objects that have a negative impact on the environment is carried out at the place of their registration in connection with the submission by legal entities or individual entrepreneurs of information about the termination of activities at the facility that has a negative impact on the environment.
12. A document confirming the cessation of activities at a facility that has a negative impact on the environment is an act on its conservation or liquidation.
13. When deregistering an object that has a negative impact on the environment from state registration, a legal entity or individual entrepreneur is issued a certificate of deregistration of an object that has a negative impact on the environment from state registration within no more than ten working days from the date of submission of the relevant information and documents.
14. The federal executive body, government bodies of the constituent entities of the Russian Federation, which maintain state records of objects that have a negative impact on the environment, independently request using unified system interdepartmental electronic interaction and those connected to it regional systems interdepartmental electronic interaction documents specified in paragraphs 8 and this article (information contained therein), in federal bodies executive power, government bodies of the constituent entities of the Russian Federation, local government bodies and subordinate government agencies or local government organizations, if the specified documents (the information contained in them) are at the disposal of such bodies or organizations. Legal entities or individual entrepreneurs has the right to submit these documents on his own initiative.
15. State registration of objects that have a negative impact on the environment, updating of registration information about an object that has a negative impact on the environment, and deregistration of objects that have a negative impact on the environment are carried out without charging a fee.
Article 70. Features of the implementation of state cadastral registration and state registration of rights to real estate in certain cases
- checked today
- law of 01/23/2020
- entered into force on 01/01/2017
Art. 70 Federal Law "On State Registration of Real Estate" in the last current edition dated August 2, 2019.
There are no new articles that have not entered into force.
Compare with the edition of the article dated 01/01/2019 10/01/2018 08/04/2018 08/01/2018 02/28/2018 08/11/2017 07/30/2017 01/01/2017
The rights registration authority deregisters part of land plot, information about which was entered in accordance with Federal Law of July 24, 2007 N 221-FZ "On state cadastre real estate" until January 1, 2013 due to the presence on the corresponding land plot, which is in state or municipal ownership, of a building, structure, or unfinished construction project, in the case of:
- 1) removal from the state cadastral registration of a building, structure, object of unfinished construction due to the cessation of their existence;
- 2) entering into the Unified State Register of Real Estate information about the description of the location of a building, structure, object of unfinished construction on a land plot.
State registration of ownership of a real estate object created under an agreement concluded with a government body, local government body, state or municipal institution or unitary enterprise before January 1, 2011 and providing for the construction, reconstruction on a land plot located in state or municipal ownership, of a real estate object with the involvement of extra-budgetary sources of financing and the subsequent distribution of the area of the corresponding real estate object between the parties to such an agreement, carried out after the completion of construction, reconstruction of this real estate object with the presence of a document signed by the parties confirming the fulfillment of their obligations under such an agreement, and in accordance with the distribution of the area of the corresponding property provided for by this document.
The registration body of rights, in accordance with the established rules for maintaining the Unified State Register of Real Estate, also removes from the state cadastral registration a land plot registered in the manner established by the legislation of the Russian Federation before March 1, 2008, if information about the rights holders of such plots is not in the Unified State Register of Real Estate .
Until January 1, 2040, the registration authority in accordance with the established rules for maintaining the Unified State Register of Real Estate also removes from the state cadastral registration the land plot provided for free use to a citizen in accordance with the Federal Law "On the Peculiarities of Providing Citizens with land plots, which are in state or municipal ownership and located on the territories of the constituent entities of the Russian Federation that are part of the Far Eastern federal district, and on making changes to individual legislative acts Russian Federation", on the basis of an application from the state authority or local government that provided such a land plot, upon state registration of the termination of the agreement for the gratuitous use of such a land plot in connection with the citizen’s refusal of the agreement for the gratuitous use of the land plot.
The rights registration authority removes the land plot, state cadastral registration which and (or) state registration of rights to which was carried out before September 1, 2018, in the event that the right of permanent (perpetual) use of such a land plot or the right to lease such a land plot is re-registered as a public easement in accordance with Article 3.6 Federal Law dated October 25, 2001 N 137-FZ "On the entry into force of the Land Code of the Russian Federation."
The rights registration authority removes from the state cadastral registration part of the premises, information about which is included in the Unified State Register of Real Estate before the entry into force of this Federal Law, in the case of:
- 1) removal from the state cadastral registration of the corresponding premises or building, structure in which the premises are located, due to the termination of their existence;
- 2) termination of rights to such part of the premises.
Until 2020, a document that serves as the basis for state cadastral registration and (or) state registration of rights to real estate, including land plots related to the property of the Armed Forces of the Russian Federation and organizations subordinate to the Ministry of Defense of the Russian Federation, property of bodies federal service security, and containing a description of such a property, on the basis of which information about the property is indicated in the technical plan or boundary plan, is a declaration about such a property. The form of this declaration, the requirements for its completion, the composition of the information included in it are established by the regulatory body legal regulation.
The features established by part 5 of this article are applied when carrying out state cadastral registration and (or) state registration of rights to real estate objects created before the entry into force of Resolution of the Supreme Council of the Russian Federation of December 27, 1991 N 3020-1 “On the delimitation of state property in the Russian Federation on federal property, state property of republics within the Russian Federation, territories, regions, autonomous regions, autonomous okrugs, the cities of Moscow and St. Petersburg and municipal property."
Lost power. - Federal Law of August 3, 2018 N 340-FZ.
The Unified Institute for Development in the Housing Sphere submits to the rights registration authority an application for state registration of the restriction of ownership of the Russian Federation on federally owned land plots, land plots, formed from such land plots, other federally owned real estate, in respect of which the Unified Institute for Development in the Housing Sphere in accordance with Federal Law of July 24, 2008 N 161-FZ “On Promoting the Development of Housing Construction” performs the functions of an agent of the Russian Federation, upon state registration of property rights of the Russian Federation, leases and other encumbrances established in favor of third parties in relation to the specified real estate objects or within one month from the date of adoption by the interdepartmental collegial body of the decision specified in paragraph 2 of part 1 of article 12 of the Federal Law of July 24 2008 N 161-FZ “On promoting the development of housing construction” and in accordance with which the Unified Institute for Development in the Housing Sphere acts as an agent of the Russian Federation.
It is allowed to carry out state cadastral registration of a part of a forest plot as part of the forest fund lands for the purpose of leasing it for carrying out work on geological exploration of subsoil, developing mineral deposits, placing linear objects and structures that are their integral part, without simultaneous state registration of the encumbrance of the forest plot . State registration of encumbrances on a forest plot in the case specified in this part is carried out in accordance with Part 4 of Article 14 of this Federal Law.
Before January 1, 2024, preparation of a technical plan for the purpose of carrying out state cadastral registration and (or) state registration of rights in relation to gardening or vegetable gardening located within the boundaries of the territory of citizens for own needs buildings, structures related to property common use and created before the entry into force of the Town Planning Code of the Russian Federation, is carried out on the basis of a declaration drawn up and certified by the chairman of the horticultural or gardening non-profit partnership, and the title document for the land plot general purpose, on which such buildings and structures are located. At the same time, to prepare a technical plan, provision of a construction permit and (or) permission to commission such buildings, structures, as well as other documents is not required.
If the registration authority receives from a state authority, local government authority, organization specified in Part 1 of Article 19 of this Federal Law, an application for state cadastral registration and documents attached to it in relation to the relevant property, including those issued during the period from January 1, 2018 to August 1, 2018, permission to enter the facility capital construction into operation, the rights registration authority simultaneously with the cadastral registration of the object real estate provides entry of information about the zone with special conditions use of the territory in the Unified State Register of Real Estate in accordance with the rules established by Article 34 of this Federal Law, if, in accordance with the Urban Planning Code of the Russian Federation, the specified permission to put the facility into operation was a decision to establish a zone with special conditions for the use of the territory.
Until March 1, 2021, it is allowed to carry out state cadastral registration and (or) state registration of rights to a residential or garden house created on a land plot intended for gardening by citizens, based only on a technical plan and a title document for the land plot, if in the Unified State The real estate register does not register the applicant's right to the land plot on which the specified property is located. In this case, information about the relevant property, with the exception of information about its area and location on the land plot, is indicated in the technical plan on the basis project documentation(if any) or the declaration specified in Part 11 of Article 24 of this Federal Law. In this case, the presence of a notice of the planned construction or reconstruction of an individual housing construction project or a garden house, a notification of the completion of construction or reconstruction of an individual housing construction project or a garden house is not required. State cadastral registration and (or) state registration of rights to a residential or garden house in the case established by this part are carried out regardless of compliance with the requirements established by Part 2 of Article 23 of the Federal Law of July 29, 2017 N 217-FZ "On Gardening by Citizens" and gardening for one’s own needs and on amendments to certain legislative acts of the Russian Federation.”
When conducting a legal examination of documents submitted for state cadastral registration and (or) state registration of rights in the case provided for in part 12 of this article, the state registrar of rights checks the submitted documents for the presence or absence of those provided for in paragraphs 1 - 10, 12, 14, 18, 19, 22, 35, 37, 41, 45 of Part 1 of Article 26 of this Federal Law, grounds for suspension of state cadastral registration and (or) state registration of rights, availability of title or title documents for a land plot and compliance:
- 1) information contained in the Unified State Register of Real Estate;
- 2) the maximum parameters of the relevant real estate objects established by federal law.
Bachelor, student
- REAL ESTATE
- REGISTRATION OF RIGHTS
- MUNICIPAL DISTRICT
- STATE CADASTRAL RECORDING
The concept has been studied cadastral registration real estate objects, registration of rights. The amendments made to the existing regulatory framework were considered.
- Foreign experience in physical education of students
- Independence of the judiciary and constitutional reforms in the Republic of Armenia
- Measures for the protection of land resources in the master plan
The sphere of regulation of the turnover of property relations in its activities touches on a number of problems; the issues of state cadastral registration and state registration of real estate are particularly difficult.
Since 2017, a number of changes have come into force in the rules for maintaining the state register in in electronic format, terms of delivery public services, duplication of functions is excluded.
Let's take a closer look at the state cadastral registration system, with all the changes that have occurred in the legislative framework.
Today, the Federal Law “On State Registration of Real Estate” (as amended on February 28, 2018) is in force, as well as the Federal Law “On Cadastral Activities” (as amended on February 28, 2018) 218-FZ. The Law “On Cadastral Activities” replaced the Federal Law “On State Cadastral Registration” - Federal Law No. 221.
It should be noted that until 2017 there were two registries in operation. The first registered rights to real estate and transactions with it. The second register was the state real estate cadastre. Since 2017 they have been united. The Unified Real Estate Register is currently in effect.
Many procedures for providing services have been significantly simplified, some of them began to be carried out using the Internet. Another important fact is the simplification of a number of procedures and reduction of processing time. The current deadlines (in working days) are shown in Table 1.
Table 1. Deadlines for state registration of rights and cadastral registration
Real estate objects for which state cadastral registration is maintained are structures land plots, buildings and their parts, unfinished construction objects, premises, parking spaces.
Only Rosreestr and its territorial bodies now have the right to carry out cadastral registration and registration of rights to real estate; powers in this regard cannot be transferred to subordinate institutions.
According to the new legislation, it has become possible to simultaneously register with the state and vice versa. Accounting and state registration will be carried out simultaneously in the following cases:
- creation of a real estate property (except for situations where cadastral registration can be carried out without simultaneous state registration of rights);
- formation of a real estate object (except for the case of seizure of a land plot or real estate located on it for state and municipal needs);
- termination of the existence of a real estate property, the rights to which are registered in the Unified State Register of Real Estate;
- formation or termination of existence of a part of the object, which is subject to restrictions on the rights and encumbrances of the object, subject to state registration.
Having analyzed the statistical data, we compiled a chart indicating the number of applications for state cadastral registration and requests for information from the state real estate cadastre regarding land plots in the period 2015-2016 (according to the State National Report on the condition and use of land in Republic of Bashkortostan in 2016, 2017). According to the data, there is a decrease in the number of applications for the provision of information from the State Property Committee and requests for direct registration of real estate in the cadastral register.
Figure 1. Providing information from the State Tax Committee
An analysis of citizens' appeals to the Branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Republic of Bashkortostan in 2017 allows us to classify them by topic (Table 2.).
Table 2. Subjects of appeals to Rosreestr
Subjects |
Number of requests |
||
Issues of state registration of rights to real estate and transactions with it |
|||
Issues of the state real estate cadastre |
|||
Issues of organizing work in the provision of public services |
|||
Real estate valuation issues |
|||
Clarification of legislation on issues related to the established field of activity |
|||
Other issues related to the scope of activity of the Branch of the Federal State Budgetary Institution "FKP Rosreestr" in the Republic of Bashkortostan |
|||
Summarize. Cadastral registration recognizes actions carried out by special bodies that must enter information about the property in the state register. This information is recognized as official evidence of the existence of the property.
Considering the gradual changes in cadastral registration using the example of the time frame valid for the Ufa region (it should be noted that for different regions this transition period had different durations). For the Ufa region, the transition period can be divided into stages: until September 1, 2012 and from September 2012 to January 1, 2013.
On this moment, thanks to the changes legislative framework, there has been a significant simplification of the procedure for registering a property with cadastral registration with further registration of rights to it. Starting this year, this can be done at the same time.
Bibliography
- State (national) report on the state and use of land in the Republic of Bashkortostan for 2016. Ufa. – 2017
- State (national) report on the state and use of land in the Republic of Bashkortostan for 2015. Ufa. – 2016
- Federal Law "On State Registration of Real Estate" dated July 13, 2015 N 218-FZ ( latest edition).
- Federal Law "On Cadastral Activities" dated July 24, 2007 N 221-FZ (latest edition)
Individualization is a process associated with endowing impersonal things with individualizing characteristics. As a result, the object receives characteristics that make it possible to clearly distinguish it from other real estate. Individualization of real estate is carried out through state cadastral and technical registration.
State cadastral registration of real estate - actions authorized body for entering into the state real estate cadastre information about real estate that confirms the existence of such real estate with characteristics that make it possible to define such real estate as an individually defined thing or confirm the termination of the existence of such real estate, as well as other information about real estate. Cadastral registration of land plots and inventory of capital construction projects (buildings, structures, structures, residential and non-residential premises) is required for state registration of rights, which is necessary for objects to participate in civil circulation.
The State Real Estate Cadastre is a systematized set of information about real estate registered in accordance with the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”, as well as information about the passage of the State Border of the Russian Federation, about the boundaries between the constituent entities of the Russian Federation, borders municipalities, boundaries of settlements, territorial zones and zones with special conditions for the use of territories, other information. The State Real Estate Cadastre is a federal state information resource.
It should be noted that, in contrast to the previous legal regulation, when cadastral registration of land plots and technical registration of other real estate objects had different legal significance and different regulations, at the moment there is a single regulation and a single cadastral registration procedure provided for by the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” (Cadastre Law), in accordance with which cadastral registration of land plots, buildings, structures, premises, and unfinished construction projects is carried out.
State cadastral registration- this is a description
sanity and individualization in the Unified State
land register of land plots, as a result of which
each of them acquires such characteristics that
which allow us to clearly distinguish it from others
land plots and implement its quality
And economic assessment. Maintaining state ca-
Dastral registration is regulated by Federal Law
cadastre".
In accordance with paragraph 1 of Art. 37 of the Land Code of the Russian Federation the object of purchase is
sales can only be land plots pro-
undergoing state cadastral registration.
State cadastral registration of land plots
kov is accompanied by the assignment of land to each
nom area cadastral number. Cadastral
The land plot number consists of:
1) numbers of the cadastral district;
2) numbers of the cadastral region;
3) numbers of the cadastral quarter;
4) number of the land plot in the cadastral quarter.
All are subject to state cadastral registration
land plots located on the territory of the Russian Federation,
regardless of the form of land ownership, the purpose
purpose and permitted use of land
shallow areas.
No. 202 “Issues of the Federal Agency for Cadastre of Objects”
real estate company" established that the body, in its function
which includes the management of state land
cadastre, currently the Federal
real estate cadastre agency. Besides
maintaining the state land cadastre, indicated
The Agency also conducts state registration of dis-
laid on land plots and firmly connected
CONCEPT AND GENERAL CHARACTERISTICS
STATE LAND CADASTRE
State land cadastre- system-
computerized collection of documentary information about
objects of state cadastral registration, about the rights
new regime of lands in the Russian Federation, about cadastral value,
location, size of land plots, etc.
but related real estate objects.
Mandatory state cadastral
land plots located
on the territory of the Russian Federation, regardless of the forms of its own
come to the ground intended purpose and permitted
use of land plots. When conducting
state cadastral registration of land plots
the drain becomes an object of legal relations, an object
real estate.
The purpose of the land cadastre is to ensure
correct organization of rational use
tion and protection land resources.
The procedure for carrying out the functions of conducting state
of the national land cadastre is regulated by the Federal
nom land cadastre".
The state land cadastre is created and ver-
is happening in purposes information support:
^state and municipal administration
land resources;
2) state control over the use
and land protection;
3) measures aimed at preserving and
increasing land fertility;
4) state registration of rights to real estate
property and transactions with it;
5) land management;
6(economic assessment of land and cost accounting
lands included natural resources;
LAND CADASTRE
ra consists of the following information (Article 12 of the Federal
land cadastre"):
1) about land plots;
2) about territorial zones;
3) about the lands and boundaries of the territories on which the implementation
local self-government is established;
4) about the lands and borders of the subjects of the Federation;
5) about the lands and borders of the Russian Federation.
The purpose of the cadastre is proper organization
rational use and protection of land
resources. This requires the availability of appropriate
documents that allow you to have fundamental information
information about each land plot located
in use (ownership, lease, ownership).
Mandatory list (composition) of government documents
the gift land cadastre subdivides them
into basic, auxiliary and derivatives.
1 TO basic documents include United
state land register, cadastral affairs
and cadastral maps (llans).
2. K supporting documents- educational books
that of documents, books of accounting of information issued and ca-
coordinate logs of points of the reference boundary network.
3. K derivative documents- documentation,
property of the Federation, property subjects of the Russian Federation,
property of municipalities, reports
reports on the status and use of land
resources, statistical reports, analytical reviews
ry, derivative cadastral maps (plans), others
V reference and analytical documents.
The law determines the content of the Unified State
public register, cadastral file, cadastral
maps (plan).
Unified State Register of Lands pre-
is a document that is intended for
conducting state cadastral registration
land plots.
He contains information about existing and pre-
land plots that have ceased to exist:
1) their cadastral numbers;
2) location (address);
3) area;
land plots;
5) description of the boundaries of land plots, their sepa-
ny parts;
6) registered in accordance with the established procedure
real rights and restrictions;
7)economic characteristics, including size
land payment measures;
8) quality characteristics, including display
indicators of the state of land fertility for individual
9) availability of real estate objects, etc.
but related to land plots.
Cadastral case- set of assembled
documents submitted in accordance with the established procedure, confirming
the fact of origin or cessation of existing
recognition of a land plot as a state object
cadastral registration. Documents contained in the cad-
in the field of affairs, are the basis for introducing co-
relevant information about the land plot in the Unified
state land register.
Cadastral map (plan)- map (plan), on which
second in graphic and text forms reproduced
contains information contained in the state
land cadastre.
Depending on the composition of the reproduced light
denies and the purposes of their use cadastral maps
(plans) can be cadastral maps (plans)
land plots, duty cadastral maps
tami (plans).
7) establishing a reasonable payment for land;
8) other related to the possession, use and disposition
disposal of land plots of activity.
Activities related to the management of state land -
of the cadastre is carried out in accordance with
next principles:
1) the unity of the system and technology of conducting state-
national land cadastre throughout the entire territory
2) continuity of entry into the state
land cadastre of changing characteristics of land
shallow areas;
3) openness of information from the state land
go cadastre;
4) comparability and compatibility of government information
land cadastre with information, co-
held in other government and other institutions
dastres, registers, information resources.
In the Federal Law “On State Land-
"nom cadastre" also established the principle of mandatory
of the state cadastral registration of land -
ny areas. This principle in content introduces
additions to the Federal Law “On State
registration of rights to real estate and transactions
with him”, which allow state registration
tion of rights to a land plot, even if there is no
cadastral registration work is not completed or not completed
land plot. Mandatory norm of the Federal
of the new law “On the State Land Cadastre”
on the mandatory state cadastral
registration of land plots leads to inaction
legal norms of the Federal Law “On State
registration of rights to real estate
and transactions with him." State land information -
cadastre are open in nature, with the exception of
information included in the federal legislation
with them real estate objects, produces state-
state cadastral valuation of land, etc.
Based on the conducted state ca-
Dastral registration by the territorial body of the state
of the national land cadastre, a cadastre is compiled
road map (plan) of the land plot, in which
reproduced in graphic and text forms