FEDERAL LAW OF THE RUSSIAN FEDERATION

of April 30, 2021 No. 120-FZ

About introduction of amendments to the Federal law "About State Registration of the Real Estate" and separate legal acts of the Russian Federation

Accepted by the State Duma on April 22, 2021

Approved by the Federation Council on April 23, 2021

Article 1

Bring in the Federal Law of July 13, 2015 No. 218-FZ "About state registration of the real estate" (The Russian Federation Code, 2015, No. 29, Art. 4344; 2016, No. 1, Art. 51; No. 18, Art. 2495; No. 23, Art. 3296; No. 26, Art. 3890; No. 27, Art. 4198, 4237, 4248, 4284, 4294; 2017, No. 27, Art. 3938; No. 31, Art. 4766, 4767, 4771, 4796, 4829; No. 48, Art. 7052; 2018, No. 1, Art. 70, 90, 91; No. 10, Art. 1437; No. 15, Art. 2031; No. 27, Art. 3954; No. 28, Art. 4139; No. 32, Art. 5115, 5131, 5133, 5134, 5135; No. 53, Art. 8404, 8464; 2019, No. 18, Art. 2200; No. 25, Art. 3170; No. 26, Art. 3317, 3319; No. 29, Art. 3861; No. 30, Art. 4140, 4150, 4156; No. 31, Art. 4426, 4445; No. 52, Art. 7798; 2020, No. 22, Art. 3383, 3384; No. 29, Art. 4512; No. 31, Art. 5028; No. 50, Art. 8049; No. 52, Art. 8591, 8593; 2021, No. 1, Art. 33, 44, 57; No. 15, Art. 2446) following changes:

Part 4 of Article 1 to add 1) with the offer of the following content: "State registration of transition of the right to real estate object, restrictions of the right to real estate object, encumbrances of real estate object or the transaction with real estate object is carried out on condition of availability of state registration of the right to this object in the Single state real estate register if other is not established by the Federal Law.";

2) in Article 2:

a) regarding 1 word "The legal basis of the state cadastral registration and state registration of the rights" shall be replaced with words "The legal basis of the relations specified regarding 1 article 1 of this Federal Law";

b) regarding 2 words "the legal basis of the state cadastral registration and state registration of the rights" shall be replaced with words "the legal basis of the relations specified regarding 1 article 1 of this Federal Law";

3) in Article 3:

a) state part 1 in the following edition:

"1. The state cadastral registration, state registration of the rights, maintaining the Single state real estate register are performed by the federal executive body authorized by the Government of the Russian Federation and its territorial authorities (further - body of registration of the rights).";

b) in Item 6 of part 3 of the word "and provision of the data containing in it" shall be replaced with words "if other is not established by this Federal Law";

c) recognize parts 4 and 5 invalid;

To add 4) with Article 3.1 of the following content:

"Article 3.1. The federal state budgetary institution subordinated to body of registration of the rights and performing powers in the field of the state cadastral registration and state registration of the rights

1. In the field of the state cadastral registration and state registration of the rights separate powers and rendering separate state services can be performed by the federal state budgetary institution subordinated to the federal executive body specified regarding 1 article 3 of this Federal Law.

2. The federal state budgetary institution specified regarding 1 this Article in the field of the state cadastral registration and state registration of the rights performs the following powers and renders the following state services:

1) exit reception of an application about the state cadastral registration and (or) state registration of the rights and the documents attached to it, issue by means of courier delivery of the documents confirming implementation of the state cadastral registration and (or) state registration of the rights, other documents which are subject to issue to applicants after implementation of the state cadastral registration and (or) state registration of the rights according to this Federal Law in the document form on paper and also notifications on suspension of the state cadastral registration and (or) state registration of the rights, notifications on refusal in implementation of the state cadastral registration and (or) state registration of the rights, termination letters of the state cadastral registration and (or) state registration of the rights;

2) provision of the data containing in the Single state real estate register, and also the analytical information obtained on the basis of the data containing in the Single state real estate register;

3) maintaining the register of borders specified in Item 3 of part 2 of article 7 of this Federal Law;

4) ensuring information exchange of body of registration of the rights with cadastral engineers according to article 20 of this Federal Law;

5) accomplishment of functions of the operator of federal state information system of maintaining the Single state real estate register;

6) transfer of the documents containing in register cases which storage is performed it (was performed) in the document form on paper, in form of electronic images of such documents;

7) development, implementation and information support of the electronic services necessary for rendering services in the field of the state cadastral registration, state registration of the rights and provision of the data containing in the Single state real estate register, and also rendering the specified services by means of these electronic services;

8) determination of coordinates of characteristic points of borders of the adjacent and (or) non-adjacent parcels of land, determination of the area of such parcels of land, coordinates of characteristic points of contours of buildings, constructions, objects of construction in progress, and also coordinates of characteristic points of borders of the municipalities, settlements, territorial zones, forest areas in case of error correction provided by part 3 of article 61 of this Federal Law;

9) other powers provided by the solution of the federal executive body specified regarding 1 article 3 of this Federal Law, except for powers, stipulated in Item 4 parts 3 of article 3 of this Federal Law.

3. The requirements to the organization and order of interaction provided by the Federal Law of July 27, 2010 No. 210-FZ "About the organization of provision of the state and municipal services" with applicants by provision of the state services and regulations on responsibility for violation of these requirements extend to the federal state budgetary institution specified regarding 1 this Article when implementing of powers by it and rendering the services provided by this Article. Provisions of this Federal Law are applied to such federal state budgetary institution so far as other does not follow from being of the corresponding legal relationship.

4. The federal state budgetary institution specified regarding 1 this Article, having the right to perform in the cases established by the Government of the Russian Federation preparation of the documents necessary for entering into the Single state real estate register of the data specified in Item 3 of part 2 of article 7 of this Federal Law.

5. The income from implementation of the activities specified in this Article and also regarding 1 article 33 of the Federal Law of July 24, 2007 No. 221-FZ "About cadastral activities", goes into the disposal of the federal state budgetary institution specified regarding 1 this Article if other is not established by the budget legislation of the Russian Federation.";

5) part 4 of article 5 after the word of "forest areas" to add with words "the territories on which the decision on reservation of lands for the state or municipal needs is made,";

Part 3 of Article 6 to add 6) with the offer of the following content: "Data on geodetic and cartographic bases are entered in the Single state real estate register according to the procedure, established by body of normative legal regulation.";

7) in Article 7:

a) in part 2:

Item 3 after the word of "forest areas" to add with words "the territories on which the decision on reservation of lands for the state or municipal needs is made,";

add with Item 7 of the following content:

"7) lists of coordinates of Items of geodetic basis in the local systems of coordinates installed concerning cadastral districts.";

b) part 3 after the words "cadastral maps" to add with words ", lists of coordinates of Items of geodetic basis in local systems of coordinates", to add with the words "taking into account the features established by this Federal Law";

c) in part 8 after the word of "documents" to add with words ", and also the documents which are subject to issue to applicants after implementation of the state cadastral registration and (or) state registration of the rights according to this Federal Law but which are not received by them," of the word "the federal executive body specified regarding 1 article 3 of this Federal Law" shall be replaced with words "body of normative legal regulation";

d) recognize part 10 invalid;

8) in Article 8:

a) add part 2 with the offer of the following content: "These data are entered in the inventory of the real estate based on the documents specified in Items 7, 7.2 - 7.4 parts 2 of article 14 of this Federal Law if other is not established by this Federal Law.";

b) regarding 3 figures "1 - 3" shall be replaced with words "2 and 3", to add with the offer of the following content: "Additional data on real estate object can change according to the procedure of the state cadastral registration in the cases provided by this Federal Law.";

c) in part 4:

state Item 8 in the following edition:

"8) cadastral numbers of other real estate objects, in which borders or in which the real estate object is located (cadastral number of the parcel of land in which limits are located the building, construction or object of construction in progress if real estate object is the building, construction or object of construction in progress, or cadastral number of the building or construction in which the room or the parking place is located if real estate object is the room or the parking place, or cadastral number of the apartment in which the room is located if real estate object is the room), and also cadastral number of single immovable complex or the company as property complex if the real estate object is part of single immovable complex or if the real estate object and (or) the right to it (including the lease right) are part of the company as property complex;";

declare Item 16 invalid;

in Item 19 of the word to "property public" shall be replaced with words to "common property";

state Item 20 in the following edition:

"20) surname, name and in the presence middle name of each cadastral engineer performing cadastral works concerning real estate object, unique register number in the register of self-regulatory organization of cadastral engineers and the name of this organization, the insurance number of the individual ledger account in system of mandatory pension insurance of each cadastral engineer performing cadastral works concerning real estate object, number and dates of the conclusion of contracts for accomplishment of cadastral works, date of completion of cadastral works;";

state Item 22 in the following edition:

"22) cadastral numbers of the real estate objects which are part of the company as property complex, and (or) cadastral numbers of real estate objects, the rights to which (including the lease right) are part of the company as property complex, if real estate object is the company as property complex and are its part real estate objects and (or) the rights to them;";

state Item 23 in the following edition:

"23) premises type (the room, the apartment) if real estate object are the premises located in the apartment house;";

in Item 26 "limits" to replace the word with the word "borders";

d) in part 5:

in Item 2 "limits" to replace the word with the word "borders";

in Item 9 of the word "residential, apartment house, residential building" shall be replaced with words "the apartment house, the apartment house";

in Item 16 of the word "about arrangement of the parcel of land" shall be replaced with words "that the parcel of land is located";

in Item 23 of the word "No. 137-FZ authorized according to the Federal Law of October 25, 2001 "On enforcement of the Land code of the Russian Federation" on the order such parcel of land "shall be replaced with words" based on the solution of which this parcel of land was formed";

add with Items 26 - 28 following contents:

"26) data that the parcel of land or the parcels of land are formed by redistribution of the lands or the parcel of land which are in the state-owned or municipal property and the parcel of land which is in private property based on the decision on approval of the scheme of arrangement of the parcel of land or the consent of public authority or local government body on agreement signature about redistribution of the parcels of land according to the approved boundary-setting plan;

27) data on the decision on withdrawal of the parcel of land and (or) the real estate object located on it for the state or municipal needs;

28) data on arrangement of the parcel of land and (or) the real estate object located on it in borders of the territory on which the decision on reservation of lands for the state or municipal needs is made.";

9) regarding 3rd Article 9:

a) No. 507-FZ is excluded according to the Federal Law of the Russian Federation of 05.12.2022

b) declare Item 8 invalid;

10) in Article 10:

a) in part 1:

to add Item 1 after words of "zones and the territories" with the word", forest areas";

add Item 2 with words ", and also forest areas";

Item 3 after words "such zones," to add with the word of "forest areas";

in Item 9 of the word of "the forest fund located on lands" to exclude;

add with Item 12 of the following content:

"12) the list of types of the permitted use of capital construction projects, the extreme sizes of the parcels of land and extreme parameters of the permitted construction, the reconstruction of capital construction projects provided by town-planning regulations in relation to territorial zone, regulations on especially protected natural territory.";

b) add with part 8 of the following content:

"8. Data on reservation of lands for the state or municipal needs are entered in the register of borders, including:

1) details of decisions of public authorities or local government bodies on such reservation of lands;

2) purposes and terms of such reservation of lands;

3) the restrictions of the rights to the parcels of land located in borders of the reserved lands arising in connection with such reservation of lands;

4) the description of location of borders of the lands reserved for the state or municipal needs according to the scheme of arrangement of these lands in the amount provided by procedure for maintaining the Single state real estate register.";

11) in Article 11:

a) regarding 2 words", except for the case specified in part 4 of this Article" to exclude;

b) recognize part 4 invalid;

12) regarding the 2nd Article 12 of the word "body of registration of the rights" to exclude;

To add 13) in Item 1 of article 13 after words of "the main data on real estate object" with the words "and, if other is not provided by the Federal Law, the additional data on real estate object specified in item 4 of part 5 of article 8 of this Federal Law", shall be replaced with words the words "and data" "and also the data";

14) in Article 14:

a) in part 2:

add with Item 5.1 of the following content:

"5. 1) decisions of reference tribunals according to which writs of execution according to the court resolutions of courts of law or Arbitration Courts which took legal effect, together with such writs of execution are issued;";

state Item 7 in the following edition:

"7) the boundary plan (in case of the state cadastral registration of the formed parcels of land, the state cadastral registration in connection with formation of part of the parcel of land (except for the case provided by part 1 of article 44 of this Federal Law), the state cadastral registration in connection with change of the description of location of borders of the parcel of land and (or) its area in the cases provided by parts 1 and 2 of article 43 of this Federal Law);";

add with Items 7.2 - 7.4 following of content:

"7. 2) the approved map plan of the territory prepared as a result of accomplishment of complex cadastral works (further - the map plan of the territory);

7. 3) the technical plan (in case of the state cadastral registration and state registration of the rights or in case of the state cadastral registration in connection with creation as a result of construction or change in result of reconstruction of buildings, constructions if other is not established by this Federal Law; in case of the state cadastral registration and state registration of the rights concerning objects of construction in progress; in case of the state cadastral registration and state registration of the rights concerning rooms or parking places in the building, construction; in case of the state cadastral registration of rooms or parking places in the building, construction);

7. 4) the act of inspection (in case of the state cadastral registration and state registration of the termination of the rights or in case of the state cadastral registration in connection with the termination of existence of the building, construction, object of construction in progress, the room or parking place);";

b) "Items 8 - 10" to add Item 2 of part 3 after words with figures ", 12";

c) "Items 8 - 10" to add Item 2 of part 4 after words with figures ", 12";

d) in part 5:

state Item 1 in the following edition:

"1) in connection with creation or reconstruction of real estate object (except as specified if as a result of reconstruction of real estate object new real estate objects are formed) based on permission to input of capital construction project in operation which is provided according to the procedure, provided by part 1 of article 19 of this Federal Law;";

in Item 6 of the word of "characteristics of real estate object" shall be replaced with words "data on real estate object";

state Item 9 in the following edition:

"9) concerning the parcels of land formed of lands or the parcels of land on which state-owned property is not differentiated, except for the parcels of land concerning which directly after education there are rights or restrictions of the rights, encumbrances of real estate object which are subject to state registration;";

add with Item 12 of the following content:

"12) in connection with the choice by the owner of the parcel of land, the building or construction of type of the permitted use of such real estate object if such owner according to the law has the right to choose this type of the permitted use of the parcel of land, the building or construction.";

15) in Article 15:

a) in part 1:

state Item 1 in the following edition:

"1) the owner of the parcel of land, or person to whom the parcel of land belongs on other right if according to type or types of the permitted use of the parcel of land the construction, reconstruction of capital construction projects, or person using the parcel of land on the terms of the servitude, the public servitude, or person who according to the Land code of the Russian Federation is granted the right to use the lands or the parcel of land which are in the state-owned or municipal property without provision of the parcel of land and establishment of the servitude, the public servitude - are allowed in case of the state cadastral registration and state registration of the rights to the building created or created on such lands or the parcel of land, construction, object of construction in progress, single immovable complex;";

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