Ministry for Economic Development: Clarifications on Realty Cadastre data

08.02.2010

Legal Update No. 122

Goltsblat BLP advises of clarifications issued by the Ministry for Economic Development on Realty Cadastre data.

1. Zones with special territorial use conditions (“zones”).

Generally, information about establishment, change or abolition of a zone is entered in the Realty Cadastre on the basis of an act issued by a relevant state or local government authority.

Even so, in a number of cases (such as buffer zones for trunk pipelines), zones are deemed established by virtue of regulatory and legal acts, irrespective of whether a specific one has been passed to this effect. In this event, the grounds for entering the information about the zone consist of the regulatory acts setting the general rules for establishing zones of the given type and documents establishing their boundaries.

Entry into the Realty Cadastre of information about a zone within which special conditions are in place for use of land plots and a special economic regime is established does not, in itself, constitute grounds for  entering information about restrictions (encumbrances) on rights to land plots included in their entirety within the zone. Such information should be included in the entry on the land plots only after the relevant restrictions (encumbrances) on the rights have undergone state registration. If only part of a land plot is within the boundaries of the given zone, this does not, in itself, constitute grounds for state cadastral registration of the given part of the land plot. 

Information about a zone may be presented in the form of a cadastral plan of the territory within the bounds of a cadastral area. Information about inclusion of a specific land plot or part of it within the boundaries of a zone may be presented in the form of the cadastral passport of the land plot or cadastral excerpts giving the individual designation of such a zone on the line “Special notes”. The zone’s boundaries are indicated graphically if this is technically possible.

(Letter of the Ministry for Economic Development of the Russian Federation No. 22066-IM/D23 of 17 December 2009)

2. From 1 March 2010, the following types of cadastral map are established:

1. Public - intended for general use and posted on the official website of the cadastral authority.
These provide publicly available cadastral information, including the boundaries of population centres, boundaries of land plots and contours of real estate facilities located on  plots, the cadastral numbers of land plots, buildings and structures;

2. Working - for use by the cadastral authority in maintaining the state realty cadastre;

3. Maps of municipal territories - for use by the local authorities of the relevant municipality;

4. Maps of constituent entities of the Russian Federation - for use by the executive authorities of the relevant constituent entities of the Russian Federation. Such maps are made up of the maps of municipal territories within the relevant constituent entity of the Russian Federation.
In contrast to Public maps, the other types of map do not show information about cadastral numbers and types of real estate facility, but they do include additional information, such as:

  • Working maps - information about the parts of land plots to which restrictions (encumbrances) of proprietary rights apply and about boundary markers;
  • Maps of municipal territories and constituent entities of the Russian Federation - information about the form of ownership of real estate facilities. 

(Order of the Ministry for Economic Development of the Russian Federation of 19 October 2009 No. 416)

For additional information, please contact:

Vitaly Mozharowski,
Partner, Real Estate and Construction,
Goltsblat BLP,
E: info@gblplaw.com

Elena Barinova,   
Partner, Real Estate Investment and Finance,
Goltsblat BLP, 
E: info@gblplaw.com

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