The cadastral engineer performs work in excess of the job description. Job description of a cadastral engineer. Cadastral engineer and a list of his capabilities

Cadastral engineer

_______________________________________
(name of company)
APPROVED
JOB DESCRIPTION
_____________________________
(Job title)
00.00.0000 N 000
_________ ___________________
(signature) (initials, surname)
Cadastral Engineer 00.00.0000

1. General Provisions

1.1. The cadastral engineer is classified as a professional.
1.2. For the position cadastral engineer a person who has a higher professional (technical) education is accepted without presenting requirements for work experience or secondary vocational (technical) education and work experience of at least 3 years.
1.3. A cadastral engineer should know:
- legislation regulating the maintenance of the state cadastre of real estate and the implementation of state cadastral registration;
- forms of organization of cadastral activities;
- the procedure for providing information entered in the state real estate cadastre;
- the procedure for the implementation of state cadastral registration of real estate objects;
- state geodetic network, reference boundary networks;
– state system coordinates, local systems coordinates;
- land management, town planning, forest management and other documentation used when performing cadastral works;
- measuring instruments;
- methods of processing measurement results;
- objects of land management and other objects, information about the boundaries of which are subject to entry into the state cadastre of real estate;
- grounds for performing cadastral works;
- technical regulations, national standards, technical conditions, provisions and instructions for the preparation and execution of technical documentation;
- achievements of science and technology, advanced domestic and Foreign experience in the relevant field of activity;
- fundamentals of economics, labor organization, production and management;
- fundamentals of labor legislation;
- Internal labor regulations;
- labor protection rules and fire safety;
1.4. A cadastral engineer in his activities is guided by:
- Regulations on _____________________________________________
(name of the structural unit)
- this job description;
– ________________________________________________________.
(other acts and documents directly related to labor
function of the cadastral engineer)
1.5. The cadastral engineer reports directly
___________________________________________.
(name of the manager's position)
1.6. During the absence of a cadastral engineer (vacation, illness, etc.), his duties are performed by an employee appointed in accordance with the established procedure, who acquires the corresponding rights and is responsible for non-performance or improper performance responsibilities assigned to him in connection with the substitution.
1.7. ______________________________________________________.

2. Functions

2.1. Implementation of complex cadastral works.
2.2. Ensuring compliance with the established requirements, norms and rules.

3. Job responsibilities

The cadastral engineer performs the following duties:
3.1. Performs complex cadastral works.
3.2. Restores on the ground the boundaries of land plots and the contours of buildings, structures, objects of unfinished construction on land plots according to the coordinates of the characteristic points of such boundaries and contours.
3.3. Determines the coordinates of characteristic points of boundaries of land plots, outlines of buildings, structures, objects of construction in progress on land plots.
3.4. Provides civil liability insurance.
3.5. Determines the area of ​​real estate objects.
3.6. Eliminates inconsistencies in the location of parcel boundaries.
3.7. Agree on the location of the boundaries of land plots.
3.8. Defines the location of a room within a floor of a building or structure, or within a building or structure, or within a corresponding part of a building or structure.
3.9. Keeps cadastral records of land plots, buildings, structures, premises, construction in progress.
3.10. Provides informational interaction in maintaining the state cadastre of real estate.
3.11. Is responsible for the disclosure of information constituting a state secret.
3.12. ______________________________________________.
(other responsibilities)

4. Rights

A cadastral engineer has the right to:
4.1. Participate in the discussion of draft decisions of the organization's management.
4.2. In agreement with the immediate supervisor, involve other employees in solving the tasks assigned to him.
4.3. Request and receive from employees of others structural units necessary information, documents.
4.4. Participate in the discussion of issues related to executable job duties.
4.5. Require the management of the organization to assist in the performance of official duties.
4.6. _______________________________________________.
(other rights)

5. Responsibility

5.1. The cadastral engineer is held liable:
- for improper performance or non-performance of their official duties, provided for by this job description, - in the manner prescribed by the current labor legislation Russian Federation;
- for offenses and crimes committed in the course of their activities - in the manner prescribed by the current administrative, criminal and civil legislation of the Russian Federation;
- for causing material damage - in the manner prescribed by the current labor legislation of the Russian Federation.
5.2. _______________________________________________.

6. Final provisions

6.1. The employee is familiarized with this job description when hiring (before signing an employment contract).
The fact of familiarization of the employee with this job description
confirmed by ______________________________________.
(by signature on the acquaintance sheet, which is an integral part
of this manual(in the journal of acquaintance with official
instructions); in a copy of the job description,
kept by the employer; in another way)
6.2. _______________________________________________.

The profession of a cadastral engineer appeared in our country recently, in 2011.

Nevertheless, this is a very important and responsible job.

Consider what kind of profession it is, what a cadastral engineer does.

Cadastral engineer. General information

His responsibilities

Measurements of the boundaries of land plots

A specialist cadastral engineer measures the boundaries of land plots, in another way it is called land surveying. The cadastral engineer must make all the required measurements of the plot of land, then it is necessary to identify the specifics and status of the plot of land and property on it. The engineer also prepares all required technical plans. All the information and information collected by the cadastral engineer is subsequently transferred to the institution of the Rosreestr and the Cadastral Chamber.

The professional activity of a cadastral engineer is quite broad and extensive, and the responsibility that these specialists bear is also great. Before the advent of this profession, land surveyors were engaged in land surveying, as well as preparation required documents... After changing the rules, these responsibilities were transferred to cadastral engineers.

Work with people

To begin with, the cadastral engineer must make sure that the property owners and land plot there are all the necessary documents to confirm the ownership, then you need to make a high-quality technical survey of the land, take the necessary measurements.

After that, you can install boundary marks, draw plans and prepare the necessary documents. After the completion of all necessary work, you can submit documents to government agencies.

In the event of disputes between the owners of neighboring plots of land, disputes often arise about their border, a cadastral engineer can solve such a problem using measurements. As a rule, a cadastral engineer always tries to measure the land as correctly and carefully as possible, because if mistakes are made, he will not have an ideal reputation.

The duties of a cadastral engineer include working with land plots, forestry, field and urban planning units. As we can see, the scope of work for a cadastral engineer is quite large.

Cadastral training

In order to become a cadastral engineer and be able to carry out this kind of work, you must have a qualification certificate in your specialty. To do this, you must first get a diploma of secondary vocational education or unlearn at a higher educational institution.

You need to complete training in one of the specialties: land management, real estate management, real estate cadastre, city cadastre. A more complete list and detailed information can be found on the website of the Ministry of Economic Development of the Russian Federation.

After receiving a diploma at an educational institution, you need to undergo an internship in one of the companies for two years to consolidate the acquired knowledge in practice. After completing the internship, with the accumulated baggage of knowledge, you will have to pass the exam of the commission, where there will be specialists in cadastral affairs. If you successfully passed the exam, then you take out the insurance provided in this case, and join the Guild of Cadastral Engineers.

Only after going through all of the above steps can you start working as a cadastral engineer.

Qualities

There are many nuances to the duties of a cadastral engineer; a very extensive knowledge is required. And therefore, the person who will work in this area must be very attentive and accurate, and very responsible in the performance of his professional duties.

Because of such important points not everyone can work as a cadastral engineer, such a person must have a number of necessary qualities... A cadastral engineer, in addition to being attentive, accurate and careful, must have a technical mindset, scrupulousness in working with documents, he must be sociable and necessarily resistant to stressful situations.

And even if you make a mistake, you need to take it calmly, because any professional is also a person, do not get angry. Excitement and stress are detrimental to work and can lead to other mistakes.

It is important to know and remember that if a cadastral engineer made 10 mistakes in his work, then his work certificate may be taken away from him.

Useful factors in the work of a cadastral engineer

There are some factors that can help a cadastral engineer to carry out their job responsibilities.

These moments include:

A specialist such as a cadastral engineer is currently in great demand among employers, since this is a difficult job. Not everyone will be able to work as a cadastral engineer, this is a big responsibility. At the same time, the cadastral engineer has the opportunity to have a good career growth starting with the assistant engineer. With career growth, salary also grows, experience and a competent resume help in this.

Disadvantages and advantages of working as a cadastral engineer

The profession of a cadastral engineer also has its drawbacks. One of the main ones is that in order to become a competent specialist, you need to go through a very long professional path, starting with studying at a university, an internship for several years, a long process of obtaining a license. To prepare for the exam, you need to study 2,000 questions. And you can make no more than 10 mistakes. Therefore, a person who wants to work as a cadastral engineer must be active and want to get this profession, study the material qualitatively.

There are also difficulties when working with a large number of documents, because the cadastral engineer must draw up documents for the coordination of borders, when resolving land disputes.

However, there are more advantages to the job of a cadastral engineer than disadvantages, which is why this profession is very popular. The most important plus is the fact that this profession is in great demand in the labor market. After all, more landowners use the services of a cadastral engineer. We can say that there are not even enough such specialists today. Good wages are also a plus. Also, cadastral engineers can work independently, as individual entrepreneurs.

Outcomes

Therefore, we can say that the profession of a cadastral engineer, although difficult and difficult, is quite in demand and well paid.

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 of the necessary documents for the statement of ownership for state registration.

Typically, cadastral engineers are labor relations with organizations specializing in the provision of legal or intermediary services in the sale of land, houses, construction. Therefore, the full range of job responsibilities of 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 uniform form of job description has not been established, but experience personnel work different companies allowed 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 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 coordination of instructions in the development process with authorized employees of the organization's structural divisions can be placed.

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 by individuals applying for a qualification certificate of a cadastral engineer "dated 04.02.2009 No. 34. As the title 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 required work experience may depend on the educational level of the candidate for the position. So, from an applicant with a higher education, as a rule, a work experience in a specialty from a year is required, and for a specialist with a 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 necessary for the registration of land plots for cadastral registration;
• 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 examinations 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 workshops on the issues of their labor activity;
• inform the management about the identified shortcomings in the work of the enterprise and propose options for their elimination;
• request, personally or through management, the information necessary to perform 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-fulfillment or improper fulfillment 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.

When solving issues with land plots, we have to contact a cadastral engineer. But who is this? What functions does a specialist perform? What is he responsible for? A cadastral engineer is one of the "youngest" and demanded professions in the post-Soviet states. The official approval of the position took place in 2011, and before that, the entire burden fell on the land surveyors. The peculiarity of the profession is the responsibility that is assigned to the person for the mistakes made, the requirements and the scope of the functions performed. Below we will consider all the questions regarding representatives of such a profession - who it is, how its activities are organized, who exercises supervision, what is the responsibility, etc.

Officially, a cadastral engineer is an expert performing tasks for land surveying (ZU) and cadastral work in the field of real estate. The name of the position comes from the word "cadaster", which is of French origin. Translated, it means "inventory of property." Working as a cadastral engineer presupposes a qualification confirmed by a state sample certificate and membership in an SRO.

The activity is carried out in two directions - bureaucratic (with documentation) and with people. The work is related to the implementation of measurements, determining the status of real estate, clarifying the boundaries, etc. Practical activities are being carried out to create plans and draw up the necessary documents for transferring to state authorities. Depending on the circumstances, the tasks are solved in the field or in the office.

As noted, the profession was introduced in 2011. Before its appearance, the work of a cadastral engineer was performed by land surveyors. After the reform, new position, implying personal responsibility for errors in measurements and documentation. Thanks to this, the quality of work has increased, and the paperwork scheme has been simplified.

The work of a land specialist is useful in defining the boundaries of land plots and deciding conflict situations with neighbors. In addition, registration of documents for real estate is necessary for its subsequent sale, donation or inheritance.

What does a cadastral engineer do

After receiving a specialized education, a specialist is given a number of powers related to the determination of boundaries and giving legal status to various land plots. The main areas of activity include:

1. Cartographic work aimed at creating electronic cards in the cadastral authorities.
2. Activities in the field of geodesy when creating the basis for land surveying and real estate surveying.
4. Cooperation with the customer. At this stage, technical documentation is drawn up, a technical plan of buildings, a landline plan, an inspection report, etc. are drawn up.

Geodetic work is performed before surveying land plots and land surveying. A diagram is drawn up with an indication of the geodetic support network and justification (stakeout, survey). In general, cadastral activities have an offsite nature or "cabinet" mode.

When performing their official duties, cadastral engineers perform the following functions:

• collect data and obtain the necessary documentation from clients;
• select memory for cadastral activities;
• draw up contracts, draw up an estimate and announce the cost of services;
• prepare approval information for the owners of nearby land plots (if there are common borders);
• draw up an agreement act with the participation of the owners of neighboring plots;
• carry out land surveying with the definition of exact limits and area;
• draw up boundary plans, draw up diagrams and drawings;
• make up a technical plan with textual information and a graphic part;
• fill out the inspection reports and confirm the fact of the liquidation of structures;
• submit the prepared documents to the state cadastre and the register.

In the process of performing the work, the cadastral engineer ensures complete confidentiality and preservation of information within the framework of the contract with the customer. If necessary, experts provide advice on issues of registration of rights to different types real estate (land, property, etc.).

Job description of a cadastral engineer

Job description- a document that contains information about the work, functions, rights, obligations, responsibilities, etc. After registration, the document is approved by the head. The main information is indicated on the first sheet or at the beginning of the job description. The day of approval, information about the leader and his signature are registered.

Also, the document contains information on the agreement with the authorized authorities. At the end of the instruction, the signature of the employee is put, confirming the fact of familiarization with the stated information. The instruction itself is stored in a place accessible for study and includes the following sections:

1. General Provisions. Requirements for education, skills and experience. Information about the head of the cadastral engineer. Description of the workplace. Features of hiring and dismissing an employee.
2. The rights and obligations of a cadastral engineer.
3. Responsibility of a specialist.
4. Other points (the job description may be supplemented by other information).

When drawing up a document, typical instructions with the introduction of amendments related to the activities of a particular specialist and his job responsibilities.

Rights and obligations of a cadastral engineer

In carrying out his functions, the cadastral engineer has a number of rights and obligations.

Responsibilities:

• preparation of documents for registering the memory;
• creation of technical and boundary plans;
• field and office work to determine the boundaries of the memory;
• creation of inspection reports, graphic maps;
• cooperation with government agencies in the legal and technical sector;
• site survey in kind with the subsequent preparation of the necessary documentation;
• verification of the agreements being drawn up, the correctness of their content;
• participation in the creation technical specifications for cadastral and other works;
• checking the quality of the activities performed;
• providing advice, etc.

Apart from responsibilities, cadastral engineers have rights. They are provided to improve the quality of the work performed. Such specialists can:

• require the necessary title papers for the land plot;
• get acquainted with the decision of the leaders, taking into account the current responsibilities;
• participate in meetings related to labor issues;
• inform managers about shortcomings in activities, propose solutions;
• request data personally or through managers.

Full information on the rights and responsibilities is reflected in the job description of the specialist. The document, in turn, is formed taking into account the requirements of Federal Law No. 452.

Execution of works by a cadastral engineer, organization of activities

Performing the functions of a cadastral engineer begins with checking the documentation provided by the customer of the service. On the database of the received data, the memory is checked. When performing the work, the cadastral engineer goes to the site and makes the necessary changes, coordinates them with the owners and neighbors, puts boundary marks and draws up a site plan. Next, a package of papers is being prepared for transfer to government agencies. In parallel, the expert provides advice on issues related to professional activities and the resolution of conflict situations.

In the work of a specialist, the accuracy of the measurements is of key importance. Deficiencies in this matter lead to incorrect data reflection and disputes between neighbors. Besides, frequent mistakes can lead to the loss of the certificate and the inability to occupy the previous position.

The cadastral engineer has his own stamp and letterhead showing legal address and certificate numbers. The existing powers allow you to work with plots of various purposes, area and type of property (state, private).

Organization of activities

The legislation of the Russian Federation provides for two forms of conducting activities by a cadastral engineer:

• in the form of IP;
• hired employee on the staff of the company (legal entity).

The cadastral engineer himself chooses the form that suits him best. After making a decision, he informs the cadastral registration authority and the organization that issued the qualification certificate. Refusal to transfer this data may result in the revocation or cancellation of the document. Regardless of the chosen form of activity, the documents issued by the cadastral engineer have the same legal force.

How can you get such a position

To become a cadastral engineer, you must have specialized knowledge and obtain a qualification certificate. To do this, you will have to graduate from intermediate professional institution or a university by specialty. In Russia, there are several institutions that are in demand and train cadastral engineers:

• railways (Moscow);
• geodesy and cartography (Moscow);
• on land management;
• Far Eastern and Volga state universities;
• agrarian (Moscow Agricultural Academy named after Timiryazev);
• regional agricultural academies;
• geological university;
• Kazan agrarian and Nizhny Novgorod architectural and construction.

The list of universities is wide enough that allows you to choose an option, taking into account financial capabilities and location. A complete list of establishments can be viewed on the website of the Ministry of Economic Development of the Russian Federation. After graduating from the university, the student receives a diploma, and subsequently, for two years, interns and passes the examination of the commission. An additional stage is the liability insurance of cadastral engineers. After completing these steps, you can perform functional duties.

Note that the position of a cadastral engineer is in demand and is considered one of the most difficult. Not every person can understand all the intricacies of work and take responsibility. But a representative of such a profession has great opportunities for career growth and obtaining a high wages... The minimum monthly income for such specialists is 30,000 rubles.

What are the requirements for cadastral engineers

The possibility of successfully passing exams and obtaining a certificate depends on the applicant's compliance with the requirements:

• Russian citizenship;
• education - higher or secondary specialized (specialized);
• lack of a criminal record (outstanding, not canceled);
• work experience as an assistant to a cadastral engineer (from 2 years or more);
• successful delivery of theory (2000 questions);
• the absence of penalties related to real estate or cadastral activities, and the incoming court decision;
• the existence of an insurance contract for the civil defense of the cadastral engineer.

Information about such specialists can be found on the official website of the State Register. Each specialist with a certificate must have a form, stamps and a seal. From December 1, 2016, it is mandatory to join the SRO that oversees cadastral engineers. If the rules of a self-regulatory organization are violated, its member may be deprived of his license and membership. An additional requirement for specialists is professional development every three years.

A cadastral engineer has a number of requirements regarding human and professional qualities... The specialist must be pedantic, in good physical shape, the necessary legal and technical skills. It should be noted that an expert works with a large volume of documents. He must be able to collect information, process it and properly organize further activities. It is important to be able to communicate with people and find a common language with them.

How to call a cadastral engineer

Many are faced with the dilemma of how to call a cadastral engineer and use his services. Algorithm of actions:

1. Expert selection. Work experience, availability of a license, information on types of activities, geographic location are taken into account. The necessary data can be obtained on the website of the state register.
2. Getting advice from a cadastral engineer. After examining the case, the expert talks about future events, gives information on the package of papers, and announces the cost of services. Some cadastral companies provide free consultations, but this point is specified in advance.
3. Providing documentation. The customer gives the contractor the necessary package of papers. It is better to prepare documents in advance so as not to waste valuable time. If an expert needs Additional Information, he requests it through his channels in the authorized bodies.
4. Registration of the contract. The client draws up an application, specifies the task and the necessary details. After that, the parties sign an agreement indicating the list of services provided and their prices. Before putting a signature, it is important to study the contract and amend it (if necessary).
5. Survey. On the appointed day and hour, the cadastral engineer arrives at the site to perform the work. He collects data, conducts a review and survey of the memory, fills out and registers papers. The Contractor is personally responsible for the correctness of the documentation provided.

At the final stage, the cadastral engineer processes the data received, prepares and registers the documents. The conclusion is issued in the form of a cadastral, boundary and technical plan... A cadastral extract and a passport of the site are issued.

Common mistakes of cadastral engineers

As in any other area, mistakes by cadastral engineers are not something extraordinary. The reasons can be different - low level of knowledge, inattention, human factor, etc. Let's single out common cases of errors for different documents.

For the boundary plan:

• incorrect or incomplete justifications regarding changes in the configuration, area or position of the charger;
• difficulties with reading or controlling the transmitted information due to the absence of an XML document in the archives of the boundary plan;
• errors in indicating cadastral numbers;
• absence or incomplete list of objects;
• incorrect indication of the cadastral quarter;
• no data on maximum and minimum dimensions Memory;
• the absence in the attachment of documents confirming the position of the boundaries of the land plot, as well as other papers;
• inconsistency of the memory address of real information;
• lack of client approval for the processing of personal information.

For a technical plan:

• impossibility of reading data due to the absence of an XML document in the technical plan archive;
• lack of information about the memory or indication of an incomplete list of allotments occupied by a certain property;
• indication of incorrect information about objects (for example, the year of commissioning or completion of construction);
• the address of the real estate is registered with violations and incorrect structure in the state information system;
• the customer has not approved the processing of personal information.

For the inspection report:

• there is no documentation in the attachment confirming the fact of the liquidation of real estate;
• there is no information about the name and details of the papers that were used in the preparation of the act;
• there is no opinion of the engineer on the liquidation of the structure;
• data on real estate, its number in the cadastre and other information, etc. are not provided.

It is also possible that the cadastral engineer makes mistakes through personal carelessness. This includes the lack of the necessary information about the specialist in the issued documents, the poor quality of electronic documents, errors in the issued papers, etc.

Control of cadastral engineers

According to the current legislation, control over the activities of specialists lies with the SRO (Federal Law No. 221). The purpose of such organizations is to create conditions for the conduct of the activities of cadastral engineers and their adherence to internal rules. Each SRO maintains a register to monitor employees and their activities. The procedure, conditions and requirements for applicants are established by the SRO taking into account the Federal Law No. 315. Leaving a self-regulatory organization is possible at the request of a specialist (voluntarily) or in case of deprivation of a qualification certificate.

SRO representatives check the cadastral engineer for compliance with the requirements of the legislation and the organization's charter. To improve the level of knowledge, members of the organization periodically go to refresher courses. Information about the participants is in the public domain and is open for study by all citizens.

Participation in an SRO is carried out on a voluntary basis. The cadastral engineer himself makes a decision, taking into account personal interests, the geographical location of the body and other factors. The state, in turn, controls the activities of SROs, but does not interfere in their work. If the certificate is deprived of the cadastral engineer, the authorized structure transfers the information to the SRO.

Thanks to the registration of cadastral engineers, it is possible to assess the experience, qualifications and other data about the specialist. The fact of SRO membership is a guarantee of professionalism and the ability to contact the structure for resolving conflict situations.

The cadastral engineer must comply with the SRO requirements and strictly follow the job description. At the same time, he has the right to declare his status and defend interests (collective, personal) when interacting with different subjects. The self-regulatory structure has a wide range of powers to protect its members, including in the courts.

A client dissatisfied with the work of a specialist has the right to file a complaint with an SRO. Supervision of the work of these organizations falls on the shoulders Federal Service state registration, cartography and cadastre.

What is the responsibility of a cadastral engineer

The cadastral engineer can make mistakes in the performance of his job duties. They can have negative consequences, and in the future lead to proceedings in the judicial authorities. To reduce the likelihood of such cases, the law provides for property and administrative liability.

Deprivation of a passport is possible in such situations:

1. The presence of more than 25% of decisions on refusal to accept property for cadastral registration due to errors in drawing up a plan (boundary, technical) or a survey report.
2. Adoption of 10 or more decisions by the accounting body to correct errors in the data provided by the cadastral engineer when specifying the boundaries of the memory and the location of buildings, structures, premises.

The decision to cancel the certificate is made by the qualification commission, and the structure that issued the certificate sends a copy of the decision within 24 hours to the cadastral authority and the SRO.

One of the main problems is the use of outdated equipment by cadastral engineers, which shows inaccurate information. The reason is that many individual entrepreneurs are not able to buy high-quality equipment, which is why errors and inaccuracies in documents are subsequently discovered. It is difficult to bring such a specialist to justice because of the refusal to conclude an insurance contract.

The second type of responsibility of a cadastral engineer is property responsibility. In case of poor quality work, the employee is obliged to cover the losses. To receive money, the injured party submits an application to the judicial authority and attaches documents confirming the mistakes of the cadastral engineer.

The administrative responsibility of a cadastral engineer is spelled out in the Code of Administrative Offenses (Article 14.35, part 4). The document indicates the consequences for providing incorrect or false information. The punishment is a fine of 30-50 thousand rubles or a ban on activities for up to 3 years. By providing for such penalties, the state is trying to improve the quality of the work performed by cadastral engineers.

Service prices

The cost of the work of a cadastral engineer includes calling an expert, providing services and consulting (if they are paid). Organizations set individual tariffs, which are fixed at the legislative level.

Prices for the services of a cadastral engineer are formed taking into account the following aspects:

1. Remoteness of the surveyed area from the location of the expert. The cost is increasing due to the need to include transportation costs and travel expenses in the estimate. To save money, it is better to choose an engineer working in "your" region.
2. The area and shape of the memory. The price of field work is set for plots with a size of 0.25 hectares. For everything that is higher, you will have to pay extra. The cost is also influenced by the number of turning points (more than four are charged extra).
3. Availability of the necessary documentation. The completeness of the submitted documents is of key importance. The less paper you have to collect, the lower the price. Sometimes documents of a new sample may be required.

The cost of services also depends on other factors - the experience and qualifications of the cadastral engineer, the company's policy, the specifics of its activities, etc. On average, in Moscow, the services of an expert cost 8-10 thousand rubles. In the region, this figure is below 5-7 thousand rubles, and in the region - up to 5 thousand.

Pros and cons of the profession

The position has positive and negative sides. If a person decides to devote himself to this profession, he should know what a cadastral engineer does, what he is responsible for, how much he receives, and what the consequences of mistakes may be.

Disadvantages:

• duration of study and compulsory internship;
• a long way to obtain a license and the need to study 2000 theoretical questions;
• great responsibility (including property);
• a high risk of losing a certificate if there are errors in the process of activity.
• the difficulty of meeting the requirements of the declared profession;
• the need to draw up a large package of papers when agreeing on borders and resolving controversial issues.

Advantages:

• possibility of career growth;
• high profit payment;
• demand in the labor market;
• the ability to conduct independent activities;
• work with papers and people.

The benefits of working as a cadastral engineer are endless. But the main criteria still remain prestige, demand and high level payment.

There are a number of tips to consider when working with a cadastral engineer:

1. Check the information about the specialist. It is freely available. Make sure you have a license and work experience. Data retrieval is available online. All that is required for this is to fill out the form with the requisites.
2. Prepare your documents well in advance. If the examiner is informed in advance, it will take less time to complete the duties. In addition, the prices for the services of a cadastral engineer will be lower, and the likelihood of errors decreases.
3. When choosing, it is better to give preference to legal entities with good equipment... The use of outdated technology is fraught with measurement errors. It is important that modern software is used during office procedures.

The profession of a cadastral engineer appeared in Russia relatively recently. Currently, the legislation in the field of cadastral activities has undergone significant changes. In particular, the requirements for cadastral engineers were clarified, as well as the transfer of certain regulatory functions in the field of cadastral relations to self-regulatory organizations (SRO).

The measures taken are designed to improve the quality of cadastral work and minimize errors in the preparation of technical plans and inspection reports, as well as significantly increase the level of protection of the rights of owners.

In this article, we will talk about the requirements for a cadastral engineer, his rights and obligations, and how to become a cadastral engineer.

1. Requirements for a cadastral engineer

Since July 1, 2016, at the legislative level, it is enshrined that only one certificate of a cadastral engineer is not enough to carry out cadastral works - membership in the self-regulatory organization of cadastral engineers (SRO KI) is mandatory (part 1 of article 29 of the Federal Law "On cadastral activities" of 24.07 .2007 No. 221-FZ; hereinafter - Law No. 221-FZ). In other words, after the specified date, an individual who has a certificate of cadastral engineer, but is not a member of the SRO KI, is not entitled to carry out work on the preparation and technical plans of the inspection report.

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A cadastral engineer certificate is a document issued to a cadastral engineer after an exam in order to confirm the availability of professional knowledge necessary to carry out cadastral activities. Issued by the authorized body until 01.07.2016.

A cadastral engineer can be a member of only one SRO KI.

A person acquires all the rights of a member of SRO KI from the date of entering information about him into the register of SRO KI members (part 2 of article 7.1 of the Federal Law "On Self-Regulatory Organizations" dated 01.12.2007 No. 315-FZ, hereinafter - Law No. 315-FZ).

The mandatory conditions for admitting an individual to become a member of the SRO KI are (part 2 of article 29 of Law No. 221-FZ):

• the presence of citizenship of the Russian Federation;
• Availability higher education by specialty (direction of training) in accordance with the approved list; in the presence of higher education in a specialty that is not included in this list, - the presence of additional professional education according to the program professional retraining in the field of cadastral relations;

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Prior to January 1, 2020, no relevant higher education is required or additional education under the professional retraining program for persons who have a qualification certificate of a cadastral engineer valid as of 01.07.2016.

• the presence of at least 2 years of work experience as an assistant to a cadastral engineer and direct participation in this capacity in the preparation and implementation of cadastral works;

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Work experience as an assistant to a cadastral engineer is not required for persons who have a valid certificate of a cadastral engineer as of 01.07.2016.

• successful passing of a theoretical exam confirming the availability of professional knowledge necessary for the implementation of cadastral activities;
• absence of punishment in the form of disqualification for violation of the legislation 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 the court decision that entered into legal force (such information is confirmed by a certificate of the absence of information in the register of disqualified persons);
• the absence of an outstanding or unexpunged conviction for committing an intentional crime (confirmed by a certificate of no criminal record);
• availability of a valid contract of compulsory civil liability insurance of a cadastral engineer that meets the requirements of Art. 29.2 of Law No. 221-FZ;

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A cadastral engineer can be included in collective agreement compulsory civil liability insurance concluded by SRO KI, or has the right to conclude an individual compulsory civil liability insurance contract. The existence of a collective or individual insurance contract is determined by the cadastral engineer independently, provided that this type of insurance is provided for by the decision General Meeting members of the SRO KI, of which the cadastral engineer is a member.

• no restrictions provided for by h.h. 19 and 20 Art. 29 of Law No. 221-FZ.

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A cadastral engineer excluded from the SRO KI is not entitled to join the SRO KI:

⇒ for 2 years, if he was excluded from the SRO CI:

1. for violation of the mandatory conditions of membership, established by Part 13 of Art. 29 of Law No. 221-FZ
2. in the event that Rosreestr makes 25% or more decisions within 1 calendar year to refuse to carry out cadastral registration and (or) state registration of rights on grounds related to the cadastral engineer's compliance with the norms of current legislation in the preparation of a boundary plan, technical plan, survey report, map - the plan of the territory, of the total number of decisions made by Rosreestr in relation to documents prepared by the cadastral engineer, provided that the total number of such decisions must be at least 20 (clause 5 of part 15 of article 29 of Law No. 221-FZ );
3. acceptance over the last 3 years of activity of 10 or more registry errors;
4. failure to carry out cadastral activities for more than 3 years;
5. non-submission of border coordination acts to Rosreestr.

⇒ within 6 months, in case of violation of the term for payment of membership fees for more than 3 months;

⇒ during the period of ineligibility or the period during which the cadastral engineer is deprived of the right to hold certain positions or engage in certain activities in accordance with a court decision that has entered into legal force, if this period exceeds two years.

A cadastral engineer who has been expelled from the SRO KI for submitting false documents upon joining the SRO KI or the court recognizing the cadastral engineer as incompetent or partially incapacitated is not entitled to join the SRO KI.

SRO KI does not have the right to present requirements to individuals applying to join such SRO KI, except for those established by Part 2 of Art. 29 of Law No. 221-FZ

Mandatory conditions for membership of cadastral engineers in SRO KI are (part 13 of article 29 of Law No. 221-FZ):

• compliance with the established mandatory conditions for admitting an individual to the SRO KI;
• compliance with the requirements for the implementation and organization of cadastral activities provided for by Federal laws, regulatory legal acts of the Russian Federation in the field of cadastral relations;
• making contributions established by the SRO KI.

Control over the compliance by members of the SRO KI with the mandatory conditions of membership is carried out by the SRO KI itself.

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Control over the implementation of professional activities by members of the SRO KI is carried out by the SRO KI through scheduled and unscheduled inspections (Article 9 of Law No. 315-FZ).

The subject of the scheduled inspection is the compliance of the SRO KI members with the requirements of the standards and rules of the SRO KI, the conditions of membership. Scheduled check carried out at least 1 time in 3 years and not more often than 1 time per year.

Unscheduled inspections are carried out on the basis of information received or a complaint about the actions of a cadastral engineer. During the unscheduled inspection only the facts specified in the complaint, or the facts that are subject to verification, appointed on other grounds, are subject to investigation. The duration of an unscheduled inspection is 20 working days.

At the time of a scheduled or unscheduled inspection, a legal entity whose employee is a cadastral engineer has the right to suspend the cadastral engineer from performing cadastral work for the period of the inspection.

2. Forms of organization of cadastral activities

A cadastral engineer has the right to carry out cadastral activities either as individual entrepreneur, registered in the prescribed manner, or as an employee of a legal entity on the basis of an employment contract (Article 31 of Law No. 221-FZ). The cadastral engineer chooses the form of organization of cadastral activities and the place of their implementation independently.

The simultaneous implementation of cadastral activities as an individual entrepreneur and an employee of a legal entity is not allowed.

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A legal entity whose employee is a cadastral engineer is obliged to:

1. have at least 2 cadastral engineers on staff who are entitled to carry out cadastral activities;
2. ensure the safety of documents received from the customer and third parties when performing the relevant cadastral works;
3. to remove from the performance of cadastral works (not to allow the performance of cadastral works) of a cadastral engineer:
   • not completed in the prescribed manner training for additional professional program advanced training;
   • excluded from the self-regulatory organization of cadastral engineers;
   • attracted as an accused, in respect of whom the court issued a resolution on his temporary suspension from office in accordance with the provisions of the criminal procedure legislation of the Russian Federation (part 2 of article 33 of Law No. 221-FZ

It should also be borne in mind that a person with the status of a cadastral engineer is not entitled to work as a cadastral engineer for an individual entrepreneur who is a cadastral engineer and carries out cadastral activities, since such a form of cadastral activity as “as an employee of an individual entrepreneur” is not provided for by the Law.

At the same time, if a cadastral engineer carries out cadastral activities as an individual entrepreneur, he can be an employee of a legal entity, but not in the position of a cadastral engineer.

3. Contract agreement as the basis for the performance of cadastral works

The basis for the performance of cadastral work is a work contract for the performance of cadastral work or a court ruling (Article 35 of Law No. 221-FZ).

If a cadastral engineer carries out cadastral activities as an employee of a legal entity, then such work contracts are concluded by this legal entity.

A contract for the performance of cadastral works is a public contract. (part 3 of article 36 of Law No. 221-FZ). This imposes certain restrictions on its conditions, in particular in determining the size of the price. It should be the same for consumers of the same category.

The contract for the performance of cadastral work is concluded in accordance with the requirements of Ch. 37 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation).

The work contract must necessarily stipulate:

• subject of the contract;
• turnaround time;
• the price of work and the procedure for their payment;
• order of delivery and acceptance of works;
• responsibility of the parties;
• the procedure for changing and terminating the contract.

Information about the object in respect of which the cadastral work is carried out, the scope of work, the requirements for the quality of work and the documents being prepared, can be determined in the terms of reference, which is an appendix to the contract. The customer of cadastral works must approve the terms of reference.

The price of the cadastral works to be performed is determined by the parties to the work contract by drawing up a firm estimate. The estimate is approved by the customer of the cadastral work.

The contract may provide for the customer's obligation to pay the price stipulated by the work contract in full after the implementation of state cadastral registration and (or) state registration of rights to real estate objects in respect of which cadastral work was carried out (part 4 of article 36 of Law No. 221-FZ) ...

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The maximum maximum prices (tariffs, rates, rates, etc.) of cadastral works, depending on the types of real estate objects, other criteria of significant importance, can be established by the constituent entities of the Russian Federation for the period until March 1, 2020. At the same time, established in accordance with Art. 11 of the Federal Law of June 30, 2006 No. 93-FZ "On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Simplified Formalization of Citizens' Rights to Certain Real Estate Objects" before the entry into force of Law No. 221-FZ territorial land management in relation to land plots intended for running a personal subsidiary, summer cottage, truck farming, gardening, individual garage or individual housing construction, are recognized as the established maximum prices for cadastral works in relation to these land plots (part 3 of article 47 of Law No. 221- FZ).

The agreement can be changed or terminated on general grounds. In addition, the law provides for the right of a cadastral engineer to refuse to perform work if the customer, in violation of the contract, did not provide the necessary information (necessary documents) or did not provide the cadastral engineer with access to the object of cadastral work (paragraph 2 of part 1 of article 29.1 of Law No. 221- FZ).

In addition, the cadastral engineer is obliged to refuse to perform work if the customer's documents contain false information or in form or content do not comply with the legislation in force at the time and place of their publication (clauses 3, 4, part 2 of article 29.1 of Law No. 221-FZ).

A cadastral engineer has the right to:

• when performing cadastral work, require the customer to provide access to the object in respect of which the cadastral work is being carried out;
• when performing cadastral work, require the customer (or the legal entity whose employee is) to provide the documentation necessary for the performance of the relevant work, unless otherwise provided by the contract for the performance of cadastral work;
• refuse to perform cadastral works if the customer has violated the terms of the work contract; did not provide the necessary information (necessary documents) or access to the object in respect of which the cadastral work is being carried out;
• refuse to direct the internship if there are objective circumstances that prevent the performance of the duties of the leader of the internship.

The cadastral engineer is obliged to:

• comply with the requirements of the legislation in the field of cadastral activities, as well as comply with the standards for the implementation of cadastral activities and the rules of professional ethics of cadastral engineers;
• refuse to conclude a work contract if the object for which cadastral work is supposed to be performed is not subject to state cadastral registration in accordance with Federal Law No. 218-FZ of July 13, 2015 "On State Registration of Real Estate";
• refuse to perform cadastral works if the documents provided by the customer contain inaccurate information;
• refuse to perform cadastral works if the documents provided by the customer in form and (or) content do not meet the requirements of the legislation of the Russian Federation in force at the time of their publication and in the place of their publication;
• inform the customer of cadastral works or a legal entity with whom he entered into an employment contract about the impossibility of his participation in the performance of cadastral works within a period of no more than 3 working days from the date of occurrence or establishment of such circumstances;
• have a seal indicating the last name, first name, patronymic (if any), insurance number of an individual personal account in the compulsory pension insurance system of the Russian Federation, and also have (EDS);
• provide, at the request of the customer, information on membership in the SRO KI within a period of not more than 3 working days from the date of receipt of the corresponding request;
• not to disclose information in relation to which there is a requirement to ensure its confidentiality and which is received from the customer in the course of the cadastral work, except for cases provided for by federal laws;
• keep the acts of agreement on the location of the boundaries of land plots, prepared in the course of the cadastral work, and transfer them to Rosreestr in the manner and within the time frame established;

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  If the cadastral engineer carries out cadastral activities as an employee of a legal entity, then the responsibility for keeping and transferring the acts of approval to the registration authority and cadastral registration is assigned to the legal entity (part 5 of article 33 of Law No. 221-FZ).

  If a cadastral engineer conducts cadastral activities as an individual entrepreneur, then the obligation to transfer the acts of approval is assigned to this cadastral engineer.

  The storage person is obliged to transfer the acts of approval to the body authorized to carry out state cadastral registration within 30 working days from the date of the cadastral registration of the land plot (land plots) in accordance with the boundary plan containing electronic images of these documents (clause 7 The procedure and terms of storage of acts of agreement on the location of the boundaries of land plots prepared in the course of cadastral work, as well as the procedure and timing of their transfer to the body authorized to carry out cadastral registration of real estate objects, approved by Order No. 363).

  Failure by the cadastral engineer to submit to the registration authority of the rights of acts of coordinating the location of the boundaries of land plots is the basis for excluding the cadastral engineer from the SRO KI (clause 8, part 15, article 29 of Law No. 221-FZ).

• Once every 3 years, undergo training under an additional professional advanced training program, the period for mastering which is established by a standard additional professional program approved in the manner established by Federal Law No. 273-FZ "On Education in the Russian Federation" dated December 29, 2012, in one of the organizations carrying out educational activities at the discretion of the cadastral engineer;

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A cadastral engineer can take a refresher course in the following standard programs:

• "Modern technologies in the field of cadastral activities";
• "Actual problems of interaction of subjects of cadastral relations";
• "Topical issues of legislation in the field of cadastral activities."

The choice of the program is carried out by the cadastral engineer independently.

The term for mastering the advanced training program is 40 hours (Order of the Ministry of Economic Development of Russia dated August 24, 2016 No. 541 "On approval of standard additional professional programs in the field of cadastral activities">).

The obligation of a cadastral engineer to take a refresher course once every 3 years was introduced on July 1, 2016 (). Accordingly, the 3-year period starts from July 1, 2016. This means that all cadastral engineers must complete a refresher course by July 1, 2019 and notify the SRO KI about this, of which they are a member.

At the same time, if a cadastral engineer completed a retraining course after July 1, 2016, then the 3-year period for advanced training is also counted on July 1, 2019.

• provide the SRO KI with information about the legal entity with which the employment contract is concluded, including its name, location, postal address, address Email and contact phone numbers, as well as any changes to this information within 10 working days from the date of the conclusion of the employment contract or amendments to it;
• provide, upon the request of the SRO KI, the documents and information necessary to conduct an audit of its cadastral activities;
• fulfill other obligations established by the legislation in the field of cadastral activities.

The cadastral engineer is obliged to notify the SRO KI in writing or by sending electronic document on the occurrence of any events entailing a change in the information contained in the register of members of the SRO KI, within 3 working days from the day following the day of the occurrence of such events (part 7 of article 7.1 of the Law of No. 315-FZ).

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The register of members of the SRO KI contains the following information ():

1. Information about the unique registration number of a member of the SRO KI, indicating the date of entering the information into the Register and the details of the decision on admitting this person to the SRO KI;
2. Information allowing to identify a member of the SRO KI:

• surname, first name, patronymic (the last one - if any), place of residence, date and place of birth, data of the main identity document and confirming the citizenship of the Russian Federation (series, number, when and by whom it was issued);
• insurance number of an individual personal account in the compulsory pension insurance system of the Russian Federation;
• contact information (telephone numbers indicating the long distance code, postal address, e-mail address);

• information on the form of organizing cadastral activities:

  As an individual entrepreneur - an identification number taxpayer, date of state registration of an individual as an individual entrepreneur, state registration number records of state registration an individual entrepreneur, place of actual implementation of activities, the date of termination of cadastral activities as an individual entrepreneur (in case of termination of activities as an individual entrepreneur);

  As an employee of a legal entity (an unlimited number of persons can be indicated) on the basis of an employment contract (in relation to each legal entity) - full and (if any) abbreviated name, state registration number of the record on state registration of a legal entity, location of the legal entity persons, contact telephone numbers, taxpayer identification number, date of conclusion (termination) of the employment contract;

• information on the availability of higher education and additional professional education under the professional retraining program in the field of cadastral relations (if necessary) with the name educational institution, series (if any), number and date of issue of the educational document, information on the assigned qualification, specialty, direction of training;
• information about the internship as an assistant to a cadastral engineer, indicating the start and end dates of the internship, the name of the SRO KI, which approved the conclusion on the results of the internship, and the date of approval of such a conclusion;
• information on the passing of a theoretical exam confirming the availability of professional knowledge necessary for the implementation of cadastral activities, indicating the date of passing such an exam;
• information on completing training under an additional professional advanced training program, indicating the details of the document confirming the completion of such training;
• information on the absence (presence) of punishment in the form of disqualification for violation of the legislation on state cadastral registration of real estate and cadastral activities, provided for in ch. 4 tbsp. 14.35. The Code of Administrative Offenses of the Russian Federation, in accordance with a court decision that has entered into legal force, indicating the period of ineligibility, the date of the decision and the number of the case on bringing to administrative responsibility in the form of ineligibility (if any);
• information on the absence (presence) of an outstanding or unexpunged conviction for committing an intentional crime, indicating the date of the sentence, the term and type of punishment (if any), the norms of the legislation of the Russian Federation establishing responsibility for such a crime;
• information on the payment of the contributions established by the SRO KI, indicating for each contribution the date of payment and the amount of the contribution made.

• information on the type of inspection - planned or unscheduled (if any), indicating the start date and end date of the inspection, as well as its results, indicating the identified violations;
• information about the complaints received by the SRO KI about the actions (inaction) of the cadastral engineer (if any), indicating the details and subject of the complaint, information about the person who submitted it, as well as the date of the end of the consideration of the complaint and the result of its consideration;
• Information on the application of disciplinary measures against the cadastral engineer (if any), indicating the disciplinary measures applied, details of the corresponding decision on the application of disciplinary measures and the grounds for their application.
• information on the exclusion of a cadastral engineer from the SRO KI indicating the grounds for exclusion (parts 15 and 17 of article 29 of Law No. 221-FZ) and, if any, the period of ineligibility (parts 19 and 20 of article 29 of the said law) ...

If, as of July 1, 2016, a cadastral engineer has a valid qualification certificate of a cadastral engineer, such information must be included in the Register with an indication of the identification number of such a certificate and the start date of its validity (date of cancellation).

5. Responsibility of the cadastral engineer

The implementation and protection of the rights of citizens and legal entities to the real estate objects they own.

Due to the specifics of cadastral activities, the rightholders of real estate often do not have the opportunity to check the correctness of the documents prepared by the cadastral engineer.

Often, problems arise only years after the completion of cadastral work. In this case, as a rule, the burden of correcting cadastral errors, including the costs of new cadastral works, legal costs, falls on the person concerned, and not on the cadastral engineer.

In this regard, it is necessary to understand what responsibility the cadastral engineer bears for the work performed by him and the documents drawn up as a result of it.

A cadastral engineer, in the presence of fault, is responsible for non-compliance with the requirements of federal laws, other regulatory legal acts of the Russian Federation in the field of cadastral relations, including for the inaccuracy of information, a technical plan, an inspection report or a map-plan of the territory, on the basis of which information about objects is entered into real estate and which are prepared by such a cadastral engineer.

Depending on the nature of the violation and the severity of its consequences, the cadastral engineer may be involved in:

• administrative,
• criminal,
• civil law,
• disciplinary responsibility.

One of the prerequisites for the admission of an individual to the SRO KI is the existence of a valid contract of compulsory civil liability insurance of a cadastral engineer (insurance contract) that meets the requirements of Art. 29.2 of Law No. 221-FZ.

The insurance contract is concluded for a period of at least 1 year with the possibility of renewing it for a new period and subject to compensation for losses caused during the validity period of such an agreement during the limitation period established by the legislation of the Russian Federation for property insurance contracts.

Insurance rates under the insurance contract are determined by the insurer, taking into account the circumstances that affect the degree of risk of liability of the cadastral engineer, including the length of service of the cadastral engineer, the number of previous insured events.

The amount of the insured amount under the contract (for personal insurance and (or) collective insurance) cannot be less than 2.5 million rubles for each cadastral engineer.

The amount of the sum insured, within which the insurer undertakes to pay out the insurance compensation upon the occurrence of each insured event, cannot exceed the amount of the sum insured established by such an insurance contract. Other conditions of civil liability insurance of a cadastral engineer are determined by agreement of the parties in accordance with the legislation of the Russian Federation and the insurance rules approved by the insurer or the association of insurers.

The object of insurance under the insurance contract is property interests associated with the risk of liability of the cadastral engineer for obligations arising from the infliction of losses on the customer of cadastral works and (or) third parties.

The insured under the insurance contract is the cadastral engineer, in the case of personal insurance, or the SRO KI of which the cadastral engineer is a member, in the case of collective insurance.

An insured event under a civil insurance contract is the occurrence of the obligation of this cadastral engineer to compensate for losses caused to the customer of cadastral works and (or) third parties by the actions (inaction) of the cadastral engineer as a result of cadastral activities in violation of the requirements of federal laws, other regulatory legal acts in the field of cadastral relationship established by an effective court decision or recognized by such a cadastral engineer and insurer.).

Failure to pay the contributions established by the SRO KI is the basis for excluding the cadastral engineer from the SRO KI, while joining another SRO KI this person will not be able to for 2 years.

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In this case, decisions are considered to refuse to carry out cadastral registration and (or) state registration of rights, according to which, during the period of suspension, the reasons for the suspension were not eliminated, taken on the grounds specified in paragraphs. 19, 25, 28 - 32, 34, 35, 42, 45 h. 1 st. 26 of the Federal Law of July 13, 2015 No. 218-FZ "On State Registration of Real Estate".

In this case, the period that expired before 07/01/2016 (part 4.

A cadastral engineer - an individual entrepreneur who has not submitted the border approval acts to Rosreestr is excluded from the SRO KI and does not have the right to join another SRO KI for 2 years.

In this case, the cadastral engineer is not entitled to join another SRO KI within 6 months.

The decision to exclude a cadastral engineer from the SRO KI is made by the SRO KI, of which the cadastral engineer is a member, within a period of not more than 20 working days from the date of receipt of the application for withdrawal or information, materials confirming the facts provided for by the above cases.

A cadastral engineer is recognized as excluded from the SRO KI from the date of exclusion of information about him from the register of SRO KI members. Information on the exclusion of a cadastral engineer is entered into the register within 1 business day from the day the SRO KI makes a decision to exclude a cadastral engineer (clause 22 of the Procedure for maintaining the register of SRO KI members and posting information contained in the register on the official website of the SRO, approved by order of the Ministry of Economic Development No. 419) ...

A cadastral engineer excluded from the SRO KI is not entitled to carry out cadastral activities.

7. Internship as an assistant cadastral engineer

As mentioned earlier, after July 1, 2016, in order to become a cadastral engineer, in the absence of a valid qualification certificate for this period, it is necessary to undergo an internship as an assistant cadastral engineer.

Within 20 working days after the receipt of an application from an individual for an internship and documents established by the Internship Rules, the SRO KI appoints an internship manager. Within a period of not more than 5 working days from the date of appointment of the head of the internship, the SRO KI sends to the National Association information about the individual accepted for the internship, and also posts this information on its official website.

The internship manager must have more than 2 years of experience as a cadastral engineer and not be subject to disciplinary action within the last 2 years (part 8 of article 29 of Law No. 221-FZ).

No more than 2 interns can be assigned to one supervisor (clause 4.7 of the Internship Rules).

The internship is carried out on the basis of:

• an employment contract concluded by an individual accepted for an internship with a legal entity whose employee is the internship manager, or an individual entrepreneur appointed by the internship manager;
• an internship program developed by the internship manager and approved by the SRO KI, of which the leader is a member, in accordance with the internship rules.

The refusal of the SRO KI to admit an individual for an internship can be appealed in court in accordance with the procedure established by the legislation on administrative proceedings.

Control over the internship, including the development of the internship program, is carried out by the head of the internship and the SRO KI, of which he is a member. Based on the results of the internship, the internship manager draws up an opinion and submits it to the SRO KI for approval. SRO KI approves the conclusion on the results of the internship or reasonably refuses its approval within 15 working days from the date of receipt of the corresponding conclusion.

Individual is considered to have completed the internship from the date of approval of the conclusion on the results of the internship. An individual who has not completed an internship is again admitted to an internship on a general basis.

The minimum internship period is 2 years, provided that labor contract the cadastral engineer assistant has a working time of 40 hours per week. In the case of fewer working hours per week, the minimum internship period is:

• from 30 to 40 hours - 2.5 years;
• from 20 to 30 hours - 3 years;
• less than 20 hours - 3.5 years (clause 5.2 of the Internship Rules).

The internship is the basis for passing the theoretical exam confirming the presence necessary knowledge, for the implementation of cadastral activities.

The examination is organized by the National Association. The exam is carried out in the form of testing with the use of an automated information system... The exam is taken by a committee formed by the national association.

The procedure for conducting the exam, the formation and work of the commission, including the procedure for appealing the results of the exam, is established by the National Association in agreement with the regulatory body in the field of cadastral relations. Test questions are developed and approved by the National Association in accordance with the exam program approved by the regulatory body in the field of cadastral relations, and posted on the official website of the National Association no later than 3 working days from the date of their approval (Part 4 of Art. 29 of Law No. 221-FZ).

For taking the exam, a fee is charged to the applicant, the amount and procedure for collecting which are established by the national association.