Likbez: EGRN — how to fix a registry error

CrimeaPRESS reports:

Correction of errors contained in the Unified State Register of Real Estate (hereinafter — USRN) is carried out in the manner prescribed by Article 13 of the Federal Law dated 13..2015 No. 218-FZ «On state registration of real estate» ( hereinafter referred to as the Registration Law).

In accordance with Part 3 of Article 15 of the Law on Registration, a registry error means an error reproduced in the USRN, contained in the boundary plan, technical plan, map- plan of the territory or an act of survey, which arose as a result of an error made by a person who performed cadastral work or complex cadastral work, or an error contained in documents sent or submitted to the registration authority by other persons and (or) bodies in the manner of interdepartmental information interaction, as well as in another manner established by the Law on Registration, or in the manner established for the implementation of state cadastral registration before the date of entry into force of the Law on Registration.

Registry errors can be detected (revealed) by the rights registration authority in the following cases:

• when considering an application for state cadastral registration and (or) state registration of rights if such an application a boundary plan is presented, in which the section «Conclusion of the cadastral engineer» contains the proposals of the cadastral engineer to eliminate the errors identified during the cadastral works;
• when considering information about the possible presence of a registry error as a result of automatic unloadings from the federal state information system for maintaining the USRN (FSIS USRN) about crossing the boundaries of objects;
• «in manual mode» (for example, based on the results of the analysis of incoming applications from citizens, etc.) .

In accordance with paragraph 6 of the Procedure for changing information in the USRN about the location of the boundaries of the land plot when correcting a registry error, approved by order of Rosreestr dated 01..2021 No. P/43 (hereinafter referred to as the Procedure), if the registration authority detects a registry error in the USRN information on the boundaries of land plots specified in part 6 of the article 13 of the Registration Law, an official of the registration authority who has identified such an error prepares a letter of instruction to determine the location of the boundaries in order to correct the corresponding registry error.

The letter of instruction is sent to the federal state budgetary institution subordinate to the registration authority.

According to paragraph 8 of the Procedure, on the basis of a letter of instruction, the federal state budgetary institution subordinate to the registration authority in accordance with part 7.3 of Article 61 of the Registration Law determines the coordinates of the characteristic points of boundaries and the area of ​​land plots, in the description of the boundaries of which the registration authority identified a registry error, in order to ensure the correction of registry errors identified by the registration authority and within a period of not more than two months prepares one of the following documents:

• report on the results of determining the coordinates of the characteristic points of the boundaries and area of ​​land plots, the contours of buildings, structures, construction in progress, the boundaries of municipalities, settlements, territorial zones, forestries (hereinafter referred to as the Report);
• conclusion on the impossibility of determining the coordinates of the characteristic points of the boundaries of land plots, the contours of buildings, structures, objects of construction in progress a, boundaries (parts of boundaries) of municipalities, settlements, territorial zones, forestries (hereinafter referred to as the Conclusion) in accordance with a letter of instruction indicating the reasons.

Based on the Report or Conclusion, the rights registration authority, within a period of not more than five working days from the date of receipt of the Report or Conclusion, makes a decision on the need to eliminate a registry error, which should contain the date such an error was detected, its description with justification for qualifying the relevant information as erroneous, as well as an indication , what is the need to correct such an error.

(If the decision on the need to eliminate the registry error is prepared on the basis of the Opinion, the decision on the need to eliminate the registry error must also contain information about the impossibility of correcting the registry error directly by the registration authority).

Not later than the working day following the day this decision is made, the rights registration authority sends it to the interested persons or to the relevant authorities to correct such an error.

In accordance with articles 06, 15, 18, 43, 13 of the Law on Registration the owner of a land plot, a person to whom a land plot, which is in state or municipal ownership, has been granted permanently ( perpetual) use, lifelong inheritable possession or for rent or for gratuitous use (if the lease agreement or the gratuitous use agreement is concluded for a period of more than five years), has the right to submit documents within three months from the date of sending the decision on the need to eliminate the registry error to the registration authority necessary to eliminate such an error: a land survey plan prepared by a cadastral engineer and submitted along with an application for state cadastral registration of real estate.

The application and the documents attached to it are submitted in the manner prescribed by the order of Rosreestr dated 13..218 No. P/0509, at the choice of the applicant:

1) in the form of documents on paper upon personal application:

• to the federal state budgetary institution specified in part 1 of Article 3.1 of the Registration Law (hereinafter referred to as the Institution), regardless of the place location of the property in accordance with the list of departments of the Institution published on the official website of the registration authority in the information and telecommunications network «Internet», including at the exit reception;
• to the multifunctional center for the provision of state or municipal services, regardless of the location of the property according to the list of multifunctional centers published on the official website, including at the reception;

2) in the form of electronic documents and (or) electronic images of documents using public information and telecommunication networks, including the Internet, sent to the registration authority through:

• a single portal of state and municipal services (functions);
• official website;
• as well as using web services.

In accordance with part 7 of article 30 of the Registration Law, after three months from the date of sending specified in part 6 of article 61 of the Law on Registration to Persons of a Decision on the Need to Eliminate a Registry Error in the EGRN Information on the Location of the Borders of a Land Plot and If documents are not received, on the basis of which the elimination of this registry error is ensured (application for state cadastral registration in connection with a change in basic information about the property and the boundary plan), the rights registration authority makes changes to the USRN information on the location of the boundaries and area of ​​such a land plot without consent of its right holder, provided that the registration authority has the necessary documents, materials for this and complies with the conditions established by Article 15 of the Registration Law.

On the basis of the application of the owner of the land plot received by the registration authority before the expiration of 3 months, this period is extended for the period specified in such an application, but not more than three months.

A change in the USRN of information about the location of the boundaries of the land plot when correcting a registry error in the case specified in part 7 of article 13 of the Registration Law is carried out by the registration authority taking into account the information contained in the right-certifying documents, using the cartographic basis and (or) other documents (materials) in the manner established by the legal regulatory body. At the same time, the area of ​​the land plot after changing the information about the location of the boundaries of the land plot in connection with the correction of a registry error in the case specified in this part may differ from the area of ​​the land plot, information about which is contained in the Unified State Register of Real Estate, by no more than five percent .

Draw your attention to. Correction of a registry error is carried out if it does not entail the termination, occurrence, transfer of the registered right to the property. If there is reason to believe that the correction of an error may cause harm or violate the legitimate interests of copyright holders or third parties who relied on the relevant entries contained in the USRN, such correction is made only by a court decision , — clarifies the head of the department for correcting registry errors of the Office of Rosreestr for the Republic of Crimea and Sevastopol Dmitry Antipov.