Cadastral engineer - a specialist who performs work in the field of land surveying, cadastral work related to real estate.
The name of the profession comes from the French word "cadastre", which means "inventory of property." Cadastral engineers who have a valid state certificate of qualification and are members of a self-regulatory organization of cadastral engineers are engaged in activities related to the necessary measurements and work to determine the status, boundaries and specifics of land plots and real estate located on them. They are engaged in the creation of instructions and plans concomitant with practical activities, as well as in the execution of the entire necessary database of documents provided in current cases to state bodies.
As an independent sphere of professional activity, the profession of a cadastral engineer in Russia was created on January 1, 2011, when cadastral engineers were assigned a field of activity at the legislative level, which incorporated the skills of such professions as a surveyor, land surveyor, appraiser and lawyer. Previously, such services of cadastral engineers were provided by land surveyors.
A cadastral engineer may engage in land management expertise if he has the appropriate expert specialty . The types of activities provided for by the cadastral engineer by federal law do not include land management expertise.
Requirements for applicants for the qualification of cadastral engineer
The qualification of the cadastral engineer is assigned to the applicant after the successful passing of the qualification exam, after which the cadastral engineer receives the qualification certificate of the cadastral engineer indicating the date of the exam. In order to obtain the right to engage in professional activities, a cadastral engineer must also be a member of a self-regulatory organization of cadastral engineers. The mandatory conditions for admitting an individual to membership in such a self-regulatory organization are :
- the presence of citizenship of the Russian Federation;
- the presence of higher education in a specialty or field of study, the list of which is approved by the regulatory authority in the field of cadastral relations, or the presence of higher education in a specialty or field of training not included in this list, and additional professional education under the program of professional retraining in the field of cadastral relations ;
- at least two years of work experience as an assistant to a cadastral engineer, during which he took part in the preparation and implementation of cadastral work under the guidance of a cadastral engineer;
- passing a theoretical exam confirming the availability of professional knowledge necessary for the implementation of cadastral activities, which includes more than 2000 questions;
- lack of punishment in the form of disqualification for violation of the law on state cadastral registration of real estate and cadastral activities, provided for by the Code of the Russian Federation on administrative offenses, in accordance with a court decision that has entered into legal force;
- the absence of an outstanding or unexpunged criminal record for the commission of an intentional crime;
- existence of a valid contract of compulsory civil liability insurance of a cadastral engineer.
The examination in order to confirm that the applicant has the professional knowledge necessary for carrying out cadastral activities is organized by the national association of self-regulatory organizations of cadastral engineers. The examination is carried out in the form of testing using an automated information system, the design and implementation of which is carried out by the national association. The exam is taken by a commission formed by the national association. The procedure for the examination, the formation and work of the commission, including the procedure for appealing against the exam results, is established by the national association in agreement with the regulatory authority in the field of cadastral relations. Questions of test tasks are developed and approved by the national association in accordance with the exam program approved by the regulatory authority in the field of cadastral relations, and are posted on the official website of the national association in the information and telecommunication network Internet no later than three business days from the date of their approval . The applicant is charged a fee for the examination, the amount and procedure for which are established by the national association.
Successful passing of the exam is confirmed by issuing the qualification certificate of the cadastral engineer, making a personal seal and making the cadastral engineer in the state register of such engineers.
The work of the cadastral engineer is primarily associated with land surveying , that is, with the determination of the coordinates of the boundaries of land ownership, the implementation of boundary plans and the preparation of all necessary documents for setting ownership of the state cadastral register . Unlike land surveyors, who until 2011 performed work related to cadastral activities, the cadastral engineer bears personal responsibility for errors in measurements and documents.
The need to determine the boundaries was faced by all owners of private houses and cottages when drawing up documents for their land plots, which are necessary for exercising state control over land and real estate, and are also very useful in resolving conflicts between neighbors, when buying and selling, drawing up an inheritance and confirming the right to build a house in a particular place. The services of a cadastral engineer are also necessary when dividing or combining property plots.
The work of the cadastral engineer is that first he makes sure that all the necessary documents are available from the owners, and then conducts a thorough technical examination of the property. After all the necessary measurements have been carried out and agreed with the neighbors of the owner, the cadastral engineer establishes boundary signs, draws all the necessary plans and prepares a complete package of documents for submission to the state accounting authorities. In addition, the cadastral engineer can advise clients on land management issues and resolve any conflict situations that arise between them.
If personal errors accumulate, the cadastral engineer may be deprived of the qualification certificate and thus lose the right to conduct professional activities.
Each cadastral engineer has his own seal and forms, which indicate the address of his place of work and the number of the qualification certificate.
A cadastral engineer can conduct its activities as an individual entrepreneur or as an employee of a legal entity providing legal services or engaged in the sale of land, houses, apartments, as well as their construction. The cadastral engineer should always be ready for business trips, because part of his work is carried out on land and real estate.
Knowledge and Skills
The cadastral engineer must know the land, civil, housing, urban, water and forest laws, have the skills to work with geodetic instruments used for geodetic measurements, and have the appropriate software for the production of cartographic materials and technical plans of the object. The most widely used are AutoCAD and MapInfo software environments.
Responsibility of the cadastral engineer
The cadastral engineer bears property responsibility for the quality of the work performed, and is also responsible for his professional reputation. Federal Law dated 13.07.2015 No. 228-ФЗ “On Amending Certain Legislative Acts of the Russian Federation” also introduced criminal liability for the cadastral engineer.
So, under article 170.2 of the Criminal Code of the Russian Federation, criminal liability is incurred for cadastral engineers to introduce knowingly false information into the land plan, technical plan, inspection report, land surveying project or land plots, or a map of the territory or forgery of documents on the basis of which boundary plan, technical plan, survey certificate, project for surveying a land plot or land plots or a map-plan of the territory.
In this case, it is necessary to prove the infliction of serious damage by these acts to citizens, organizations or the state.
The minimum penalty under this article is a fine from one hundred to three hundred thousand rubles, or deprivation of the right to occupy certain positions or engage in certain activities for up to three years, or compulsory work for up to three hundred and sixty hours.
In case of especially serious damage, the guilty person may be punished with a fine of up to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of one year to three years, or correctional labor for a term of up to one year with the deprivation of the right to engage in certain activities for up to three years.
The federal law is aimed at improving the mechanism of liability for violation of the established rules on state registration of transactions with real estate.
|Register of Cadastral Engineers|
- Federal Law of July 24, 2007 N 221-ФЗ (as amended on July 3, 2016) "On Cadastral Activities" (as amended and supplemented, entered into force on 01/01/2017)
- Order of the Ministry of Economic Development of Russia dated 13.12.2016 N 806 "On approval of a theoretical exam program confirming the availability of professional knowledge necessary for the implementation of cadastral activities, and on invalidating the order of the Ministry of Economic Development of Russia of June 28, 2016 N 406" (Registered in the Ministry of Justice of Russia on 22.12 .2016 N 44871)
- Federal Law "On Amending the Federal Law" On the State Real Estate Cadastre "and Article 76 of the Federal Law" On Education in the Russian Federation "regarding the improvement of the activities of cadastral engineers" dated 30.12.2015 N 452-ФЗ (current version, 2016)
- Federal Law "On State Registration of Real Estate" dated 07.13.2015 N 218-ФЗ (current version, 2016)