Cadastral registration of the territorial zone. Zoning of lands of settlements
Cadastral registration of territorial zones
Territorial zone - a part of the territory that is characterized by
Zones of restriction of the use of territories for the implementation of gra
construction activities;
Zones allocated for the quality of land;
Territorial and economic evaluation zones.
Documents included in the section of the state register of the
stranded cadastral area "Territorial zones" contain the following
information:
General information - characterizing the territorial zone;
within the boundaries of the territorial zone, it is prohibited or limited to certain
to establish them;
owners of land plots (parts of land plots), located
laid within the boundaries of the territorial zone, with reference to the document,
which is the basis for their establishment;
Information about the territories in which the territorial
zone.
In the materials of the duty cadastral map, the registration of information about the territory
real zones consists in the formation and maintenance of a list of territorial
nal zones located on the territory of the cadastral quarter and applied
their placement on the Plan of the boundaries of the territorial zones of the cadastral quarter.
"Land" on the Plan of the boundaries of the territorial zones of the cadastral quarter
should be displayed:
The boundaries of territorial zones, information about which is taken into account in the state
the state register of lands of the cadastral quarter;
The boundaries (routes) of the zone-forming objects, information about which is taken into account
us in the GRZ KR;
Turning points (and their numbers) of the boundaries of territorial zones, information
about which are accounted for in the GRZ KR;
Turning points (and their numbers) of boundaries (routes), zone-forming
ekets, information about which is taken into account in the Ministry of Health of the Kyrgyz Republic;
Cadastral numbers of territorial zones;
Cadastral numbers of zone-forming objects;
Terrain objects and main local landmarks.
The plans of the boundaries of the territorial zones of the cadastral quarters are drawn
are in the conventional signs established for cadastral maps (plans) and
notation in the scale range generally accepted for large-scale maps
An example of displaying a territorial zone in a settlement
can serve as a water protection zone along the river bank (Fig. 8).
System of classifiers GZK.
The classifiers intended for the maintenance of the GZK represent
is a system of basic concepts of objects and phenomena that reflect information
the formation of the land cadastre. The classifier system is designed
for use as a single standardized language of communication
when maintaining the SLC, as well as for describing and regulating land and other
property relations Russian Federation.
The system of classifiers for the purposes of maintaining the SLC includes the following
the following types of classifiers: "Classifier of real estate",
"Classifier of territorial zones", "Classifier of the cadastral number
ra "," Classifier of the formation of land plots "," Classifier
objects of cadastral mapping ".
In the classifier of real estate (SOI), the object of the classification is
fication is real estate by type (land plots and
buildings (structures), structures) firmly connected to the ground, purpose, use
use and other properties, information about which is included in the GZK.
SOI is an integral part common system classifiers for purposes
maintenance of GZK (classification and coding of cadastral information). He
intended for use as common language communication between
holders of the bank of cadastral data and users (consumers)
cadastral information about real estate, description of real estate
and for solving problems of land management in the Russian Federation and regulation
rationing of the market turnover of land.
The real estate classifier is integrated into a single class
sification scheme of state classifiers, which allows
to shine full information about land plots, buildings and structures,
create a holistic scheme for describing real estate objects. This is achieved
by linking into a single system:
Address and reference characteristics (location and address of real estate
property);
Purpose and use in various branches of economic activity
body,
Types and names of subjects of rights to real estate,
Types of rights to real estate;
Types and names of organizational and legal forms of legal
individuals and households, citizens, etc.
This provides an exit (through the transcoding system) to
holding data on these types of real estate in the Russian Federation
eration, as well as in international databanks.
The classifier of real estate has been developed in accordance with
maintenance of the GZK "taking into account the requirements of the legislation of the Russian Federation.
When developing the classifier of real estate,
approved in the prescribed manner classifiers of the State Statistics Committee of the Russian Federation
these: OKATO (All-Russian Classifier of Administrative
territorial division), OKDP (All-Russian classifier of species
economic activity, products and services), OKPO (All-Russian
classifier of enterprises and organizations), OKOGU (All-Russian class
sifier of public authorities and administration), OKFS (General
siysky classifier of forms of ownership), KOPF (classifier of
legal forms of economic entities), KSM (Classification
torus of countries of the world). Maintaining a classifier of real estate pre-
lays its updating in case of changes in legislative and other regulations
nal use of land plots:
Agricultural land (classifier code 1.1.1).
Land under buildings (structures), structures (1.1.2). According to
vii with a classifier these lands include plots under residential
houses, garages, summer cottages (state, municipal,
cooperative, individual);
Land for the construction of buildings (structures), structures (1.1.3). TO
this group of land includes plots for the construction of industrial
Land - a reserve of agricultural land (1.1.5);
Other agricultural land (1.1.6).
The concept of agricultural land unites types of agricultural
land and land not occupied by buildings (IY level of the SOI section
"Purpose and types of use of real estate"):
Arable land (classifier code 1.1.1.1).
Land (land plot) under perennial plantations (gardens,
Grasslands (1.1.1.3) are land plots covered by perennial
herbaceous vegetation and systematically used for
haymaking and grazing. They are subdivided into: haymaking, pasta
bishche, reindeer pasture, horse pasture.
Mixed agricultural land, for use in sub-
own farms (1.1.1.4);
Deposit (1.1.5.1).
Lands under reclamation (1.1.5.2);
Lands in the stage of reclamation (1.1.5.3);
Disturbed lands (1.1.5.4);
Swamps (1.1.5.5);
Other agricultural land suitable for development in agriculture
farmland (1.1.5.6).
Similarly, the description of the objects of the State
dastrovy accounting for land of other categories
The section of the SOI "Quality of real estate" allows you to get
qualitative characteristics of the object of cadastral registration. To describe how-
honors land plot the parameters of the fourth level of the given
section (Appendix 2, section "Quality of real estate",
level IY). These include karst (classifier code 1.1.1.1),
seismicity (1.1.1.2), groundwater table (1.1.1.3), probability
flooding by flood waters (1.1.1.4), etc.
The classifier of territorial zones (KTZ) is a departmental
a regulatory document of the Federal Land Cadastre Service of Russia,
mandatory for use in the state land system
dastra when forming, processing, storing and issuing information in auto-
in a tomatized mode and on paper.
To the territorial zones taken into account when maintaining the SLC and subject to
classifications in KTZ include:
Administrative-territorial entities (information
array A);
Territorial zones in cities and rural settlements(information
array B);
Zones of restriction of the use of territories for implementation
Zones allocated for the quality of land (information
array D);
Territorial and economic assessment zones (information
array E).
The classifier of territorial zones was developed taking into account the requirements
legislation of the Russian Federation governing relations on
water zoning of territories and the inclusion of information about them in the GZK. Scheme
classifier of territorial zones, methods of its application and procedure
use correspond to the classifier of real estate, which
allows you to use both classifiers in a single system (application
In the Classifier of the formation of land plots (KFZU), objects
the classification volume is a way of forming objects of the cadastral
accounting by type, purpose, use and other properties, information
tions about which are included in the state land cadastre. Classification
The torus for the formation of a land plot includes the main scheme
classifier and facets. The scheme for constructing this classifier is
complies with the scheme of the Classifier of real estate, which allows the use of
use both classifiers in a single system.
Land plot cadastral number classifier (KKNZU)
establishes the structure of the cadastral number and designation of cadastral
units in accordance with the current rules (dictionary No. 1 - number
subject of the Russian Federation, dictionary No. 2 - the number of the cadastral region of the subject of the Russian Federation on the basis of
ve codes OKATO).
Classifier of objects of cadastral mapping (KOKK)
is a document that states:
General requirements for the content of cadastral plans and maps;
Mandatory terms, codes and definitions of concepts
all objects and their characteristics that make up the content of the inventory
flat plans and maps;
Specific conditions for displaying these objects and their characteristics on
cadastral plans and maps depending on the scale.
M 1: 2000 and 1: 10000:
Cadastral plans and maps reflecting the results of inventories
(inventory);
Cadastral plans and maps reflecting the results of cadastral registration
ta (registration);
Duty cadastral maps and plans;
Cadastral division maps;
Plans and maps of objects of cadastral registration (land plots, ter-
rhetorical zones);
Specialized cadastral plans and maps.
Established by the classifier of objects of cadastral cartography
useful for cadastral mapping, when maintaining
duty cadastral maps and plans, as well as in the development of a classifier
ditch of cadastral information, in unified forms of documents, with
exchange of digital cadastral cartographic information for electronic
media.
scale. Cadastral plans M 1: 2000 are created on the territory of the
localities, and cadastral maps M 1: 10000 are intended for selection
living areas outside settlements (suburban areas, land
agriculture and forestry, etc.). At the same time, the main tasks of using
use of the classifier of objects of cadastral mapping is
regulation of the collected and displayed on cadastral plans and
information maps, as well as the ordering and unification of cadastral
objects and their characteristics displayed on cadastral plans and maps.
For land plots, the types of their boundaries are indicated (established
when surveying, existing only on documents, actual solid,
actual conditional and controversial); on cadastral plans M 1: 2000 selected
all sections of the borders are displayed, on maps M 1: 10000 those sections are displayed
boundaries whose lengths are expressed in scale. Objects of cadastral division
displayed on all cadastral plans and maps without fail
all with indication of their cadastral numbers.
Objects of administrative-territorial division are displayed
on all cadastral plans and maps without fail, everything with an indication
their own names. Borders of the Russian Federation and Subjects of the Russian Federation
of the Russian Federation are displayed on all types of cadastral plans and maps
only on the basis of relevant documentary data. Boundaries of os-
tal objects of the administrative-territorial division display -
based on the relevant documentary data, if any
are either displayed using the types of their boundaries (existing only
according to documents, factual solid, factual conditional and controversial).
When showing a number of objects of administrative-territorial division
and when displaying land plots, five types of their boundaries are shown:
established during land surveying, existing only on documents, fac-
technical solid, factual conditional and controversial. Borders exist-
based only on documents, factual firm, factual conditional and
controversial ones are revealed as a result of an inventory of territories. Moreover, under
boundaries that exist only according to documents are meant
tsy whose passage on the terrain is not tied to physical objects and
documents are not documents of the state land cadastre
the last established sample.
The display of border types allows you to determine the status of the cadastre
accounting on the relevant territory, provides the ability to
the phenomenon of contradictions between documentary data on the borders and
sparing the respective areas, and the data obtained during the survey, and
See also border disputes. The types of boundaries allow you to judge the exact
determination of the passage of boundaries and the accuracy of determining the actual
areas. Also, displaying these types of borders makes it easier to find borders.
object on the ground.
Areas of special use are displayed on all cadastral
plans and maps without fail, all with an indication of their cadastral
Objects of the topographic base are shown, as a rule, generalized
it is clear, with the display of their features with the help of explanatory signatures
this. Depending on the type of cadastral plans (maps), objects of topographic
baselines can be displayed throughout the mapped area
(inventory and accounting plans (maps)), on the territory of the registered
objects (accounting plans (maps) and duty cadastral maps), not
brawl at all. Limiting the display area of topographic objects
the physical basis is determined by the special requirements of the local administration
registrations and bodies of cadastral registration. The objects of the topographic base
you with their own names (streets, rivers, lakes, etc.) are indicated
these names.
Buildings and structures are displayed as objects of a topographic base
new. On cadastral plans M 1: 2000 buildings and structures built
on foundations, as a rule, everything is to be shown. On cadastral maps M
1: 10000 buildings and structures are displayed only especially outstanding and
reference value. All non-residential buildings, as well as all display
structures in M 1: 2000 with an explanatory signature indicates the type of their
actual use.
The functional zoning of land, provided for by the Land Code of the Russian Federation, establishes the category of land, but does not regulate the intended use of land and land plots, and. therefore, it does not allow creating conditions for sustainable development of municipal territories, requiring more detail. This task is being solved in the process of territorial zoning of municipal lands.
The territories of municipalities are intended primarily to ensure favorable living conditions for the population living in these territories.
Management of the territories of municipalities, ensuring their rational development is possible only in the case of professionally performed territorial zoning. For this, a special town planning document must be developed and approved in each municipality - land use and development rules. This document is a normative act of the municipal level. The procedure for the development, coordination and approval of land use and development rules, their content, are established by the Urban Planning Code of the Russian Federation.
Land use and development rules must necessarily contain:
- * the order of their application;
- * a map of urban planning zoning, that is graphic image territorial zones on a topographic base of the appropriate scale;
- * town planning regulations.
Territorial (town planning) zoning- This is the zoning of the territories of municipalities in order to determine the boundaries of settlements, territorial zones and the establishment of urban planning regulations.
Border of the settlement is an imaginary closed line, limiting the territory of the settlement and separating its land from land of other categories. The border of the settlement should be described and rendered in the same way as it is customary for the territories of municipalities.
Territorial zones- these are zones for which boundaries are defined and urban planning regulations are established. The boundaries of territorial zones are described and depicted virtually, without taking out and fixing in nature.
Urban planning regulations- these are established within the boundaries of the corresponding territorial zone:
- * types of permitted use of land plots, as well as everything that is above and below the surface of land plots, and is used in the process of their development and subsequent operation of capital construction facilities;
- * limit (minimum and (or) maximum) sizes of land plots;
- * limiting parameters of permitted construction, reconstruction of capital construction objects;
- * restrictions on the use of land and capital construction projects.
Unlike land categorization, territorial zoning not only fixes the fact that lands belong to a particular category or territorial zone, but also offers programs for the use of all lands of the municipality for the long term.
As a result of urban planning zoning, residential, public and business, industrial zones, zones of engineering and transport infrastructures, zones of agricultural use, recreational zones, zones of specially protected areas, zones special purpose, zones of deployment of military facilities and other types of territorial zones. At the same time, territorial zones in more detail for the type of permitted use of land can be divided into zones of the second level. In turn, the territorial zone, in addition to the main type of permitted use, may include conditionally permitted uses and auxiliary types of permitted uses.
Working as a forester, Trunov received an official land plot. Having retired, Trunov decided to register the land plot in ownership, but he was refused in the forestry department. Trunov considered the refusal unlawful and went to court. What decision can the court make?
A land plot in the form of an office allotment is provided to an employee for the period of establishing labor relations. Termination of labor relations entails general rule termination of the right to a service allotment (clause 2 of article 47 of the RF LC). General grounds for termination employment contract established by Article 77 of the Labor Code of the Russian Federation. The termination of the right to a service allotment is formalized by the decision of the organization that provided such an official allotment for use and is subject to state registration in accordance with the rules established by the Federal Law "On state registration of rights to real estate and transactions with it."
It should be noted that the right to use a land plot provided in the form of an official allotment does not in all cases terminate simultaneously with the termination of labor relations. The legislation of the Russian Federation and the constituent entities of the Russian Federation may establish cases when the right to use an office allotment remains after the termination of labor relations for life or for a specified period.
The right to a service allotment is reserved for:
An employee who terminated labor relations upon his transfer to an old-age pension or a disability pension, for life (clause 3 of article 47 of the RF Labor Code).
That is, the administration had the right to refuse to grant a land plot for ownership.
Ministry economic development Russian Federation
FEDERAL STATE REGISTRATION, CADASTRE AND CARTOGRAPHY SERVICE
Clarifications on the issue of entering information on the boundaries of settlements and territorial zones into the State Property Committee
In connection with the completion of work on the preparation and approval of territorial planning documents for urban districts, urban settlements and municipal districts, as a result of which the boundaries of settlements, as well as the boundaries of territorial zones, are determined, the Office reports the following.
In accordance with the Federal Law of July 24, 2007 N 221-FZ "On the State Real Estate Cadastre" (hereinafter referred to as the Cadastre Law), information on the boundaries of settlements, territorial zones must be entered into the state real estate cadastre.
Such information is entered into the State Property Committee in the order of information interaction in accordance with the Regulation on Information Interaction in Maintaining the State Real Estate Cadastre, approved by Decree of the Government of the Russian Federation of August 18, 2008 N 618 (hereinafter referred to as the Regulation).
In accordance with paragraph 11 of the Regulation, the body local government submits to the cadastral registration authority an extract from the section on land use and development rules that defines the boundaries and content of territorial zones, a list of coordinates of characteristic points of the boundaries of territorial zones in the established coordinate system (MSK-51 for the Murmansk region), as well as a list of types of permitted use of land plots for each the territorial zone or the details of the legal act by which such a list is approved.
To enter information about the boundaries of settlements in the State Property Committee in accordance with clause 11 of the Regulations, the local government submits to the cadastral registration body an extract from the approved master plan (for settlements located in the inter-settlement territory - an extract from the territorial planning scheme of the municipal district), containing a text and a graphical description of the location of the inhabited locality boundary and a list of coordinates of characteristic points of the inhabited locality boundary or set or changeable sections of the inhabited locality boundary in the established coordinate system (MSK-51 for the Murmansk region).
According to Article 1 of the Federal Law of 18.06.2001 N 78-FZ "On Land Management" (hereinafter referred to as the Law on Land Management), the territories of settlements, as well as territorial zones, are objects of land management.
To determine the coordinates of the characteristic points of the boundaries of land management objects, it is necessary to perform land management work, such as describing the location of the boundaries of land management objects. As a result of such work, the relevant land management documentation is prepared - a map (plan) of the land management object (Article 20 of the Law on Land Management). The form and requirements for its compilation are determined by the decree of the Government of the Russian Federation of July 30, 2009 N 621 "On approval of the form of the map (plan) of the land management object and the requirements for its compilation."
When carrying out land management, it is also necessary to be guided by the Procedure for describing the location of the boundaries of the land management object, approved by order of the Ministry of Economic Development of Russia dated 03.06.2011 N 267 (hereinafter referred to as the Procedure). In accordance with clause 9 of the Procedure, materials obtained as a result of land management work to describe the location of the boundaries of a land management object are formed into a land management case, one copy of which is transferred to the state data fund obtained as a result of land management (hereinafter referred to as GFD) of the Office.
To enter information on the boundaries of land management objects into the State Property Committee, the map (plan) is generated in electronic form in XML format, in accordance with the order of the Ministry of Economic Development of the Russian Federation dated 20.10.2010 N 503 "On establishing requirements for the format of documents submitted in electronic form in the process of information interaction during maintenance state cadastre of real estate "(hereinafter - the Order).
According to clause 4 of the Order, in the process of information interaction when maintaining the state cadastre of real estate, when submitting documents in electronic form, an electronic digital signature (hereinafter referred to as EDS) must be used, certified in accordance with the legislation of the Russian Federation and compatible with the EDS tools used Federal Service state registration, cadastre and cartography.
When forming an electronic type of map (plan) of a land management object, it is necessary to take into account the orders of Rosreestr dated 03.24.2011 N P / 83 "On the implementation of information interaction when maintaining the state cadastre of real estate in electronic form", as well as from 08.02.2012 N P / 0054 * "About amendments to the Pocpeectpa order of March 24, 2011 N P / 83 ".
________________
* Probably a mistake in the original. Read "N P / 54" - Note from the manufacturer of the database.
On the official website of Rosreestr www.rosreestr.ru under the heading "State services / State cadastral registration of real estate / Forms, XML-schemas" information is posted on the relevance of xml-schemas for the formation of xml-documents and regulatory and administrative documents establishing requirements for documents in electronic form in the implementation of information interaction during the maintenance of the state cadastre of real estate.
Thus, information about the boundaries of settlements and territorial zones is entered into the cadastre after carrying out land management work, only on the basis of a map (plan) of the land management object.
Article 4 of the Law on Land Management establishes the grounds for conducting land management. These grounds include: decisions of federal bodies of state power, bodies of state power of the constituent entities of the Russian Federation and local governments on land management, court decisions, as well as agreements on land management.
To fulfill the requirements specified in the Law on the Cadastre, the Department is ready to assist in providing materials from the GFD and preparing the terms of reference for carrying out land management work. In addition, we recommend that when developing the terms of reference for carrying out work on land management, prior to the final acceptance of work, provide for the direction of land management documentation for state expertise to the Department.
In accordance with the Decree of the Government of the Russian Federation of 04.04.2002 N 214 "On approval of the regulation on state examination of land management documentation", the state examination of land management documentation is carried out free of charge by decision of state authorities, local authorities or at the initiative of interested parties in order to ensure compliance of land management documentation with source data , technical conditions and requirements for land management.
Head of the Office
S.G. Naimushina
Electronic text of the document
prepared by ZAO "Kodeks" and verified by.
