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The document ceased to be valid since January 1, 2017 according to the Order of the Ministry of Economic Development of the Russian Federation of November 21, 2016 No. 733

It is registered

Ministry of Justice

Russian Federation

On March 31, 2010 No. 16771

ORDER OF THE MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

of February 4, 2010 No. 42

About approval of the Procedure for maintaining the State Immovable Property Cadastre

(as amended on 20-01-2016)

According to part 10 of article 4 of the Federal Law of July 24, 2007 N 221-FZ "About the State Immovable Property Cadastre" (The Russian Federation Code, 2007, N 31, Art. 4017; 2008, N 30, Art. 3616; 2009, N 52, the Art. 6410, the Art. 6419) and Item 5.2.18 of the Regulations on the Ministry of Economic Development of the Russian Federation approved by the order of the Government of the Russian Federation of June 5, 2008 N 437 (The Russian Federation Code, 2008, N 24, Art. 2867; N 46, of Art. 5337; 2009, N 3, Art. 378; N 18, of Art. 2257; N 19, of Art. 2344; N 25, of Art. 3052; N 26, of Art. 3190; N 38, of Art. 4500; N 41, of Art. 4777; To N 46, of the Art. 5488), I order:

Approve the enclosed Procedure for maintaining the State Immovable Property Cadastre.

 

Minister

E. S. Nabiullina

Approved by the Order of the Ministry of Economic Development of the Russian Federation of February 4, 2010, No. 42

Procedure for maintaining State Immovable Property Cadastre

I. General provisions

1. According to the Federal Law of July 24, 2007 N 221-FZ "About the State Immovable Property Cadastre" * (1) (further - the Law on the inventory) the State Immovable Property Cadastre (SIPC) is the systematized code of data on the real estate considered according to the Law on the inventory, about passing of Frontier of the Russian Federation, about borders between subjects of the Russian Federation, borders of municipalities, borders of settlements, about the special economic zones created according to the Federal Law of July 22, 2005 N 116-FZ "About special economic zones in the Russian Federation" <2> (further - special economic zones), about territorial zones, zones with special conditions of use of the territories, about the territories of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation, about projects of land surveying of the territories, about geodetic and cartographical basis of GKN and cadastral division of the territory of the Russian Federation (further - cadastral data) provided by the Law on the inventory of other data also consists of the Sections containing such data:

1) register of real estate objects;

2) cadastral cases;

3) cadastral maps.

Maintaining GKN is performed with use of the automated information system GKN (AIS GKN).

_____

<2>. Russian Federation Code, 2005, N 30, Art. 3127; 2006, N 23, Art. 2383; N 52, of Art. 5498; 2007, N 45, Art. 5417; 2008, N 30, Art. 3616; 2009, N 52, Art. 6416; 2011, N 27, Art. 3880; N 30, of the Art. 4563, 4590; N 45, of Art. 6335; N 49, of the Art. 7043, 7070; N 50, of Art. 7351; 2012, N 53, Art. 7643; 2013, N 9, Art. 873; N 30, of Art. 4064; 2014, N 26, Art. 3377; 2015, N 1, Art. 52; N 27, of Art. 3975; N 29, of Art. 4339.

2. The procedure for maintaining the State Immovable Property Cadastre (further - the Procedure) establishes structure, structure of cadastral data and the rule of entering of cadastral data into the Register of real estate objects, and also structure, structure and rules of conducting cadastral cases.

The procedure does not determine the rule of reproduction of cadastral data on cadastral maps.

3. Ceased to be valid according to the Order of the Ministry of Economic Development of the Russian Federation of 12.03.2014 No. 121

4. When entering cadastral data into the Register of real estate objects by authorized officers of body of the cadastral registration the following cadastral procedures are performed:

1) introduction of data on earlier considered real estate objects;

2) statement on the state cadastral registration (daleekadastrovy accounting) of real estate object;

3) accounting of changes of real estate object (including accounting (removal from accounting) of part of real estate object, accounting of the address of the owner of real estate object, accounting in connection with correction of cadastral mistake);

4) removal from the cadastral registration of real estate object;

5) introduction of cadastral data according to the documents arriving in body of the cadastral registration from public authorities of local government bodies and other bodies according to the procedure of information exchange when maintaining GKN (article 15 of the Law on the inventory) (daleeporyadok of information exchange);

6) correction of technical mistakes in cadastral data;

7) cancellation and exception of GKN of the data on real estate object (including about parts of real estate object) which are temporary;

8) change of data of GKN on the parcel of land in case of correction of cadastral mistake in data of GKN on location of borders of the parcel of land in the case specified in part 7 of article 28 of the Law on the inventory.

II. Structure and structure of cadastral data of the Register of real estate objects

5. The register of real estate objects consists from:

1) registers of real estate objects of cadastral districts which maintaining is performed on electronic media (further - Registers);

2) forms of the state registers of lands of the cadastral areas containing data on earlier considered parcels of land (further - the GRZ KR forms), and registers of cadastral numbers of cadastral areas on papers.

Registers are created on the basis of the state registers of lands of cadastral districts on the electronic media which were component of the Unified state register of lands.

The paragraph the fifth ceased to be valid according to the Order of the Ministry of Economic Development of the Russian Federation of 12.03.2014 No. 121

6. Cadastral data in the Register contain in text form and are grouped in the following records:

about the real estate objects located in the territory of the cadastral district;

about passing of Frontier of the Russian Federation;

about borders between subjects of the Russian Federation;

about borders of municipalities;

about borders of settlements;

about special economic zones;

about superficial water objects;

about territorial zones and zones with special conditions of use of the territories, the territories of the objects of cultural heritage included in the unified state register of objects of cultural heritage (historical and cultural monuments) of the people of the Russian Federation (further - the territories of objects of cultural heritage);

about the boundary-setting plan;

about cadastral division of the territory of the cadastral district;

about cartographical and geodetic bases of the inventory.

7. The GRZ KR forms and registers of cadastral numbers of cadastral areas contain data on earlier considered parcels of land and their cadastral numbers on papers.

Entering of new records into the GRZ KR forms and registers of cadastral numbers of cadastral areas stops since March 1, 2008.

Introduction of new data on earlier considered parcels of land or data on the termination of their existence is performed in the Register. In case of removal from the cadastral registration of earlier considered parcel of land its subsection on paper is closed, and forms of the closed subsection GRZ KR join in cadastral case of such parcel of land.

8. Record about real estate object in the Register has the following structure:

1) general information about real estate object in the amount provided by Items 63, of 73, of 76, 79 and 82 Procedures;

2) data on location of border of real estate object (for the parcel of land) or data on location of real estate object (for the building, construction, object of construction in progress and the room) in the amount provided by Items 64, of 74, 74.1, 77, 77.1, 80, 80.1 and 83 Procedures;

3) the owner's address, the e-mail address of the owner to which communication with the owner of real estate object is performed;

3. 1) the real estate object address in the structured type according to the federal information address system (FIAS) based on the data provided by the operator of federal information address system performing maintaining the state address register.

In case of absence in the state address register of the address of the real estate object appropriated according to the procedure, No. 1221 established before entry into force of the order of the Government of the Russian Federation of November 19, 2014 "About approval of Rules of assignment, change and cancellation of addresses">, the address of real estate object is entered in the Register based on the act of public authority or local government body authorized on assignment of addresses to real estate objects.

--------------------------------

<3> Russian Federation Code, 2014, No. 48, Art. 6861; 2015, No. 18, Art. 2707.

In the absence of the real estate object address appropriated in accordance with the established procedure the description of its location with indication of the subject of the Russian Federation, the municipality, the settlement (in the presence) in the structured type according to the federal information address system (FIAS) is entered in the Register. For linear constructions as the description of location names of all subjects of the Russian Federation, municipalities, settlements in the territory of which such constructions are located are specified;

4) data about unregistered in the Unified State Register of Rights on real estate and transactions with it (further - EGRP) the corporeal rights:

containing in documents of the state land cadastre according to provisions of the Federal Law of January 2, 2000 No. 28-FZ "About the state land cadastre" <4> (further - documents of the state land cadastre), and transferred to GKN in the corresponding amount;

--------------------------------

<4> Russian Federation Code, 2000, No. 2, Art. 149; 2004, No. 35, Art. 3607; 2006, No. 27, Art. 2881; No. 50, the Art. 5279, ceased to be valid in connection with adoption of the Federal Law of May 13, 2008 No. 66-FZ "About modification of separate legal acts of the Russian Federation and recognition voided separate legal acts (provisions of legal acts) of the Russian Federation in connection with adoption of law on the inventory.

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