Functions of a cadastral engineer. Federal Law “On State Registration of Rights to. Career of cadastral specialists

Job description cadastral engineer[name of company]

This job description has been developed and approved in accordance with the provisions and other regulations governing labor relations.

1. General Provisions

1.1. The cadastral engineer is classified as a professional and is directly subordinate to [name of the manager's position].

1.2. The cadastral engineer is appointed and dismissed by order of [job title].

1.3. A person who has citizenship is accepted for the position of a cadastral engineer Russian Federation, [secondary / higher] vocational education in the specialty [enter the required], a qualification certificate of a cadastral engineer and work experience in the specialty of at least [value] years, without a criminal record.

1.4. A cadastral engineer should know:

Land and civil legislation of the Russian Federation;

Resolutions, orders, orders and other guidelines, methodological and regulations for the production of geodetic and land surveying works;

Legal framework for land management and land cadastre;

Requirements for land use, soil erosion protection, state land registration and land cadastre;

The legislation of the Russian Federation on nature protection;

Professional standards approved by the regulatory authority;

Fundamentals of Labor Law;

Internal labor regulations;

Sanitary and personal hygiene rules;

Rules and regulations of labor protection, safety and fire protection.

2. Job responsibilities

The following job duties are assigned to the cadastral engineer:

2.1. Performance cadastral works in relation to the property.

2.2. Land surveying of land management objects.

2.3. Drawing up a boundary plan.

2.4. Determining the coordinates of the boundaries land plot.

2.5. Drawing up cadastral plans.

2.6. Preparation of documents required for cadastral registration.

2.7. Preparation of town planning plans, acts of choice land plots, plans for the location of land plots.

2.8. Carrying out the procedure for approving the boundaries of land plots.

2.10. Submission of documents for state cadastral registration.

2.11. Coordination of the act of selection, the layout of land plots.

2.12. Analysis of title documents, draft contracts.

2.13. Advising clients on the registration of real estate objects.

2.14. Ensuring the safety of documents provided in the course of professional activities.

2.15. Compliance with the confidentiality of information obtained as a result of professional activities.

2.16. Ensuring the storage of materials and documents obtained as a result of the formation of objects of cadastral registration.

2.17. [Other job responsibilities].

3. Rights

A cadastral engineer has the right to:

3.1. For all social guarantees provided for by the legislation of the Russian Federation.

3.2. Require identity documents, as well as documents related to the establishment of the owners' rights to land.

3.3. Submit proposals to management to improve their work and the work of the organization.

3.4. To get acquainted with the draft orders of the management concerning its activities.

3.5. Sign and endorse documents within their competence.

3.6. Participate in meetings at which issues related to his work are considered.

3.7. Require management to create normal conditions for the performance of official duties.

3.8. Improve your professional qualifications.

3.9. For other rights provided for by the labor legislation of the Russian Federation.

4. Responsibility

The cadastral engineer is responsible for:

4.1. For the completeness and reliability of the data on the land plot.

4.2. For non-fulfillment, improper fulfillment of the duties provided for by this instruction, within the limits determined by the labor legislation of the Russian Federation.

4.3. For offenses committed in the course of carrying out their activities - within the limits determined by the current administrative, criminal and civil legislation of the Russian Federation.

4.4. For causing material damage to the employer - within the limits determined by the current labor and civil legislation of the Russian Federation.

The job description is developed in accordance with [name, number and date of the document].

Supervisor personnel service[initials, surname, signature]

[day month Year]

Agreed: [position, initials, surname, signature]

[day month Year]

I have read the instructions: [initials, surname, signature]

[day month Year]

What are the duties of a cadastral engineer

A cadastral engineer is a specialist whose activities are related to land surveying. That is, the main job responsibilities of a cadastral engineer include:

• determination of the coordinates of the boundaries of the land plot;
• development of a boundary plan;
• preparation required documents for state registration of ownership.

Typically, cadastral engineers are labor relations with organizations specializing in the provision of legal or intermediary services in the sale of land, houses, construction. So full circle job responsibilities the specialist in question is determined in his job description, which each organization develops individually, based on its line of business and the segment of work entrusted to a specific cadastral engineer.

A unified form of job description has not been established, however, the experience of personnel work of various companies made it possible to identify the optimal structure and appearance documents that allow you to fully cover the features of the work of a cadastral engineer within a particular enterprise.

Job description structure for a cadastral engineer

The job description for a cadastral engineer should begin with information about the approval of the document. These data are indicated either on the title page or in the first paragraph of the instructions and consist of:

• date of approval;
• information about the manager who approved the document;
• manager's signatures.

Below, at the beginning or at the end of the document, data on the approval of the instructions during the development process with authorized employees can be placed structural units organizations.

Also at the end of the document there may be an employee's signature, with which he confirms the fact of familiarization with the content of the job description.

The main sections of the job description of a cadastral engineer are the following list:

Don't know your rights?

1. General Provisions:
   • requirements for education, work experience and professional skills of the employee;
   • conditions for admission, dismissal and replacement of an employee;
   • locating staff unit in the general organizational and staffing table of the enterprise;
   • data on immediate superior cadastral engineer.
2. Job responsibilities and rights of the employee.
3. Employee responsibility.

Let's consider in more detail the main provisions of the job description.

Basic requirements for a cadastral engineer

The main criterion that employers should proceed from when forming their requirements in the job description for a candidate for the position of cadastral engineer is the applicant's qualification certificate. The obtained qualification certificate already implies the presence of a certain education, citizenship of the Russian Federation, as well as the absence of an outstanding criminal record from the owner.

The list of specialties that give the right to obtain a qualification certificate of a cadastral engineer is defined in the order of the Ministry of Economic Development of the Russian Federation "On the list of specialties of secondary vocational education received individuals applying for a qualification certificate of a cadastral engineer "dated 04.02.2009 No. 34. As the name of the document suggests, these specialties can be obtained on the basis of secondary vocational education. However, it makes no sense to list them in the job description.

The work experience required may depend on the educational level of the candidate for the position. So, from an applicant with higher education, as a rule, work experience in the specialty is required from a year, and for a specialist with secondary education - from 3 years. In addition, the work experience established in the job description may depend on the category of the position for which the specialist is hired. For example, you can become a junior cadastral engineer or assistant without having any experience in your specialty.

Standard job responsibilities and rights of a cadastral engineer

The section of the job description with a list of the duties and rights of the employee is the main one in the document, since the current legislation allows the employee not to carry out any other instructions from the management, except for those dictated by the duties established in the employment contract and job description. Therefore, this part of the document requires careful study so that the scope of the employee's powers is determined as accurately and in detail as possible.

The duties of a cadastral engineer include:

• preparation of the documentation required for cadastral registration of land plots;
• formation of boundary, technical plans, inspection reports;
• reconnaissance and survey of land plots;
• carrying out field and office work to establish and secure the boundaries of land plots;
• creation of maps in graphic and digital form;
• carrying out field surveys of objects with the subsequent preparation of conclusions based on their results;
• interaction with state authorities on technical and legal issues;
• verification of contracts concluded by the organization;
• participation in the development of terms of reference for the implementation of cadastral and other works;
• consulting customers;
• verification and quality assurance of work.

The official rights of a cadastral engineer are aimed at making it easier for an employee to perform his official duties. The official rights of a cadastral engineer include:

• the right to demand for familiarization all the documents of title to the land plot necessary for work;
• get acquainted with the decisions of the management concerning his competence;
• take part in working meetings on the issues of their labor activity;
• inform the management about the identified deficiencies in the work of the enterprise and propose options for their elimination;
• request, personally or through management, information necessary to fulfill their job duties.

Responsibility of the cadastral engineer

The part of the job description devoted to the responsibility of the employee is aimed at specifying general provisions legislation on labor violations and punishment for them. In relation to a cadastral engineer, this section takes on a special sound, since this specialist bears personal responsibility for the result of his work. For inaccurately prepared documents or documents with errors, a cadastral engineer may be deprived of a qualification certificate.

A cadastral engineer may be responsible for:

• for the completeness and comprehensiveness of the provided data on the land plot;
• non-performance or improper performance of official duties;
• causing material damage to the employer.

Each employer, working on a job description for a cadastral engineer, can specify the provisions on the responsibility of the latter, based on the specifics of the work of this specialist in a particular company.

) legal grounds are required, which are based on:

• to submit an application by the owner or other rightholder;
• verification of the applicant's legal capacity;
• correspondence of information about memory to cadastral records.

Therefore, the procedure for surveying a land plot is determined from the moment of filing an application, with an attachment. Further actions are related to the acceptance of the application after checking the legal capacity of the package of documents.

Having accepted an application and an advance payment (read more about the cost of land surveying), unless otherwise provided by the provisions of the contract, the parties agree on the provision and acceptance of services for land surveying - these are cadastral works.

We will learn how land surveying is done. Directly surveying and cadastral work take place in three stages:

• preparatory work for land surveying;
• field work;
• office work.

In general, they are focused on the purpose of identifying reliable information about the specifics of the site's location and its parameters. And also - making the received records in the State Property Committee in accordance with the norms of the Federal Law on the State Property Committee No. 221-FZ, dated July 24, 2007.

Specificity of preparatory work

The implementation of cadastral work begins immediately after the application is filed with a geodetic company. They are carried out by the cadastral engineer in his interaction with the registering authority.

First, the documentation is checked and the applicant's legal capacity and his authority to carry out land surveying work are confirmed.

On the basis of the concluded agreement, an application is submitted to Rosreestr to obtain detailed statement about the characteristics and the exact location of the charger. The extract indicates by which it is determined on the ground. In accordance with the specified coordinates, information about the allotment was entered into the State Property Committee.

Having received an extract within 5 working days, the specialist analyzes the information received and draws up a preliminary one, corresponding to the objectives of the application. Survey objectives are tied to:

• the applicant's request;

Types and samples of boundary plans for the intended use of land can be viewed.

If the site is intended for development with residential or industrial buildings and structures, attention is drawn to settlement(you can read the instructions for filling the GPZU). The plot is brought into the context of the existing development in a laconic manner, highlighting the development and taking into account the zoning of the territory.

At the first stage, which is characterized by preparatory work,:

1. Planning in accordance with the information of the State Property Committee.
2. Compiled technical task for carrying out on the ground.

At the second stage, land surveying works are carried out directly at the location of the storage device... For their implementation, the time of arrival at the location of the geodetic group and the copyright holders of the storage device who submitted the application is agreed.

The listed and other types of work must be included in the process of land surveying when drawing up an agreement with a geodetic company. Services not listed in the contract are not subject to demand.

The cadastral engineer is obliged to verify the standards for land surveying, the established regulations, focused on the requirements of SNiP and Orders of the Ministry of Economic Development:

The technical report submitted to Rosreestr is executed in electronic form and certified by a special electronic seal.

In case of appearing in court, the cadastral engineer is obliged to certify the reliability of the calculations and measurements carried out by acting on the side of the customer of the land survey plan.

Now you know how it is done. Cadastral work during land surveying is the normative and legislative basis of the entire procedure. On its basis, the obtained information is entered into the land cadastre of the Russian Federation.

The profession of a cadastral engineer appeared relatively recently. Despite the fact that the provisions on the status of such specialists were officially introduced into the legislation only in 2011, today they have a wide range of powers. A cadastral engineer, whose duties are not only to carry out certain special work, but also to ensure a certain degree of legality in this area, is one of the key figures in the procedure for registering and registering real estate objects.

The main activity of a cadastral specialist is carrying out measuring work on land plots, as well as formalizing the results in the form of demarcation plans established by law. All final documents are sent to the authorized bodies of the state for the purpose of entering into the database. Thus, a lot depends on the accuracy of the engineer's work, as well as on the reliability of the information reflected in his documents.

For this reason, not everyone can become such a specialist. Basically, people with special education work as a cadastral engineer. But having an education is not the main criterion. The main thing is to pass certification in the Self-Regulatory Organization.

In addition to working with individual sites commissioned by individuals, cadastral specialists are often involved in conducting geodetic works upon request. government agencies... For example, when determining the coordinates of geodetic networks or clarifying the boundaries of cadastral quarters.

Engineers help individuals in collecting the necessary documentation for submission to certain authorities. Of course, their services are not free, and some of them are quite expensive.

• for the accuracy of the information provided;
• per correct design documentation;
• for its timely submission to government agencies ..

Their responsibility is high, since the work of such specialists has not only private legal, but also public significance

Despite the breadth of powers, cadastral specialists have a rather abbreviated list of rights.

1. Require the owners of land plots to have access to these plots, as well as a list of documents specified by legislation for the implementation of cadastral works.
2. To withdraw from the work contract with the customer of cadastral works in cases where the customer violates the rules established by the agreement.
3. In cases where he is the supervisor of fellow engineers, he may waive this responsibility if there are circumstances that prevent him from exercising the leadership.

In addition to the powers specified in the law, cadastral engineers may have other rights determined in job descriptions established by a private employer or SRO (self-regulatory organization) of the relevant region.

A cadastral engineer has all those rights that are assigned to an employee in accordance with labor law.

Under current legislation, the rights and obligations of a cadastral engineer are not at all equivalent.

1. Conduct their activities in accordance with the legislation and ensure that their work meets the established standards.
2. The engineer is obliged to withdraw from the agreement on the production of work if the plot specified in the contract does not correspond to the allotment presented to him, as well as if the information from the documents submitted by the customer does not correspond to reality.
3. The engineer is obliged to withdraw from the contract in cases where the documents presented to him by the customer do not correspond to the form determined by law for this type of documentation.
4. The engineer is obliged to notify the customer about the impossibility of performing work for the reasons precisely indicated in the notification within three days from the day when such reasons were identified.
5. To formalize your activity by obtaining a certificate, a seal of the established form, indicating the imprint of your data, as well as provide all the necessary information about your legal status at the request of the customer.
6. Collect, store and submit to the authorized body all plans drawn up by it in the course of cadastral work within the period established by law, or at the request of the authorized body.
7. Every three years pass special program for advanced training.
8. Provide in a timely manner to the SRO information about the organizations with which the engineer enters into labor agreements.
9. Provide the SRO with all documentation on the course of their professional activities in order to verify it.
10. Other obligations that are determined by legislation or by agreement between the engineer and the customer, other legal acts.

In addition, when conducting certain types of cadastral works, such a specialist must also perform other duties due to the specifics of the work or the standards specially established for this type of work.

The internal rules of the enterprise where it conducts its labor activity engineer, other obligations may be established that do not contradict the norms of labor legislation.

As already mentioned, the main requirement to become an engineer is a certificate. The authority to certify cadastral specialists belongs to a special commission, which is established at each regional SRO. The composition of this commission includes only the most qualified and experienced specialists who evaluate the candidates.

However, before this young specialists will have to undergo a two-year internship. But this is not necessary if the specialist has already worked for such an amount of time in other specialties, for example, in the cadastral service. As soon as the candidate has sufficient experience, he needs to become a member of a professional association and pass a qualifying exam.

• education;
• experience;
• SRO membership.

The main condition for the implementation of the activities of an engineer is insurance. Without a compulsory activity insurance contract, no specialist should be allowed to carry out work.

In the above-mentioned normative act, which regulates the activities of such specialists, there is a list of documentation that the engineer is authorized to draw up and submit:

• site demarcation plan;
• technical layout;
• documents necessary for deregistration of a construction object;
• descriptive documents on the removal of site delineations;
• reconciliation project of the site plan with the building plan;
• evidentiary documentation necessary for the presentation of the participants in litigation.

For each of these documents, legislation has established a special form according to which they must be drawn up. Documentation that does not correspond to the specified form has no legal force.

The fact of compliance of the prepared documents with the established form is checked by the specialist himself, as well as by the employees of the bodies to which they are presented. In the event of a discrepancy, the document is sent back to the engineer to correct errors.

However, this does not mean that cadastral engineers have the right to be wrong. More than 10 mistakes made can lead to liability, up to deprivation of the right to engage in this activity.

Each compiled document must be signed and stamped by the specialist who compiled it. This confirms the responsibility of the engineer for the work done by him. Without the specified details, the document is also considered invalid.

Because modern technologies allow you to register correspondence in in electronic format, then the engineers are required to have an electronic signature. Such a sample is issued to them by a specially authorized body. A prerequisite is the protection of the signature from outside interference using special computer technology.

Most may come to the conclusion that having the appropriate education and permit is sufficient for the cadastral engineer to carry out his professional activities without hindrance. However, it is not. Each specialist, in addition to obtaining qualification documents, must carry out work in accordance with the requirements of the legislation. Otherwise, he will very quickly lose his place.

Since the main activity of an engineer is making measurements, the basic requirements are imposed on these processes.

• comply with state standards;
• in the prescribed manner passed the certification procedure.

Unfortunately, not all specialists adhere to this rule. Many of them, in order to lighten their burden and speed up the work process, instead of making measurements using the specified equipment, they use other methods: they copy existing plans, use calculations at certain points. This attitude towards work is considered unacceptable.

Each land allotment, regardless of the availability of previous versions of plans, must be re-measured upon receipt of an order.

This procedure is called the clarification of the boundaries of land holdings. The use of previous versions of plans is allowed, but only as a comparative basis for new measurements.

The lack of special equipment for the engineer makes it impossible for him to engage in activities. After all, an examination of the engineer's toolkit is carried out annually, and if malfunctions or lack thereof are found in the equipment, then all the work of the engineer done during this period will be questioned and, possibly, invalidated.

As already mentioned, specialists are responsible for mistakes made in the course of their work. Responsibility is individual. That is, regardless of whether a specialist works in a private office or is an individual engineer, he himself will be responsible.

• administrative;
• professional;
• property.

The administrative responsibility of an engineer is determined according to the norms strictly established in the legislation. In this case, a penalty in the form of a fine may be imposed on the specialist.

Professional responsibility is described in SRO documents. The question of bringing engineers to such responsibility is decided by the qualification commission.

As a sanction, an engineer may be deprived of the right to engage in professional activities How on certain period, and indefinitely.

As for property liability, this issue is resolved in a private, legal manner. In most cases, damage caused by a cadastral specialist is reimbursed by insurance indemnity under a compulsory insurance contract.

Since the estimated damage as a result of a specialist error can be enormous, up to millions of rubles, then overall size insurance payment cannot be less than 2.5 million. The engineer is responsible for all insurance costs.

Thus, this profession is not only attractive for its profitability, but also to some extent repulsive in its complexity and the amount of responsibility. Such work requires not only professionalism, but also attentiveness to your work, the ability to plan your working day.