What do you need to open the IP of a cadastral engineer. How to draw up an agreement for a cadastral engineer as an individual entrepreneur with another individual entrepreneur? How is certification
Cadastral Engineer Determines Boundaries land plots citizens and organizations, prepares project documentation, is preparing the registration of land property. The profession of a cadastral engineer appeared relatively recently, but the services of engineers are already in high demand. Citizens resort to this kind of services when carrying out transactions for the sale and purchase of land plots, inheritance, and land donation operations.
Cadastral engineer as individual entrepreneur can provide services on the territory of the Russian Federation, but if a number of requirements are met:
Availability qualification certificate, which can only be issued by a specialized commission;
Having a diploma of higher special education;
Absence of convictions, both unexpunged and outstanding.
IP geodetic activity is regulated by legislative acts and prescribes the following to a person - an engineer:
- Order of the Geodesy Service No. 95-pr prescribes obtaining a license to carry out topographic work or other special engineering operations in construction, land surveying, creation and maintenance of cadastres, and so on.
- The letter of this organization No. 14-7870-VK clarifies: cadastral activities carried out on the territory of the Russian Federation are subject to compulsory licensing.
- Law No. 128-FZ does not consider geodetic activity as subject to licensing. However, Law No. 209-FZ says that operations to determine and establish points of coordinates (and this is land surveying) involves obtaining a license.
- An individual entrepreneur or an organization performing the functions of a cadastral engineer in terms of establishing the boundaries of plots must obtain a license.
In addition to the license, the entrepreneur must have and provide authorized employees upon request with a certificate of entering information into the USRIP (before 03/01/2008), an extract from the state register. It is also necessary to have a seal, although it is not required for other types of entrepreneurial activities. Mandatory, according to the letter of the Ministry of Economic Development, are also special forms, on which the IP address, TIN and the number of the qualification certificate must be present.
As an individual entrepreneur, a cadastral engineer must pass a qualification exam and obtain an appropriate certificate. He submits to the commission a statement, his personal documents, a diploma, a certificate of no criminal record, two photographs and a written consent to the processing and storage of personal data about the entrepreneur.
Now the individual entrepreneur has the opportunity to freely carry out engineering activities. An entrepreneur can work alone, for an organization - a legal entity, or enter into a partnership with the same IP engineers. A self-employed entrepreneur personally concludes an agreement for the provision of such services with the customer. Upon completion of the work, he submits the results to him in writing. A boundary plan is drawn up for a plot of land, if an individual entrepreneur works with a building, a technical plan is drawn up for a building. In some cases, customers require a survey of the facility for further deregistration. These operations are also performed by cadastral engineers.
A cadastral engineer as an individual entrepreneur can carry out geodetic activities only after registering in this status and obtaining a certificate, registering with the PF and, possibly, during extrabudgetary funds... But he can conclude a labor contract with an organization that performs cadastral work. In any case, the individual entrepreneur must notify the authority that issued the relevant certificate about the form of business in which he will work.
A cadastral engineer, whether he is an entrepreneur or an employee of an organization, provides the following services:
Evaluation of all customer documentation regarding the land plot to be sold or deregistered;
Survey of the site and adjacent territories;
Drawing up the actual boundary plan;
Obtaining documentation for a plot in the real estate cadastre or the register of property rights;
Request for data from the register of rights;
Preparation and detailed development of a project for the delimitation of a land plot;
Processing of measurements and images received from the satellite or in the process of shooting;
Conclusion of acts of approval.
in this case, the second job is not suitable. as mentioned above - you have a purely civil legal relationship.
As I understand it, he will look for clients, conclude an agreement with them for the provision of services for the full support of cadastral works, including subsequent registration. With you - only the implementation of specific services for the preparation of landmarks / technical plans and so on. therefore draw up either a contract of services for the provision of cadastral works. or a contract.
in the register of cadastralists, you will indicate exactly the agreement concluded between you and him, since you will not work precisely on the basis of this agreement and your certificate of an individual entrepreneur
you have three options:
Civil Code of the Russian Federation Article 1005. Agency agreement
1. Under the agency agreement, one party (agent) undertakes for a fee to perform, on behalf of the other party (principal), legal and other actions on its own behalf, but at the expense of the principal or on behalf and at the expense of the principal.
Under a transaction made by an agent with a third party on his own behalf and at the expense of the principal, the agent acquires the rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party to execute the transaction.
In a transaction made by an agent with a third party on behalf of and at the expense of the principal, the rights and obligations arise directly from the principal.
2. In cases where in the agency agreement concluded in writing, the general powers of the agent to conclude transactions on behalf of the principal are provided, the latter in relations with third parties does not have the right to refer to the lack of proper powers of the agent, unless he proves that the third party knew or should have known about the limitation of the agent's powers.
3. An agency agreement may be concluded for a specified period or without specifying the period of its validity.
4. The law may provide for the specifics of certain types of agency agreement.
2. contract for the provision of services for a fee.
Civil Code of the Russian Federation Article 779. Contract for the provision of services
1. Under a contract for the provision of services for a fee, the performer undertakes to provide services on the instructions of the customer (to perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
2. The rules of this chapter apply to contracts for the provision of communication services, medical, veterinary, auditing, consulting, information services, training services, tourist services and others, with the exception of services rendered under contracts provided for in Chapters 37, 38, 40, 41, 44, 45, 46, 47, 49, 51, 53 of this Code.
3. work contract
Civil Code of the Russian Federation Article 702. Construction contract
1. Under the work contract, one party (the contractor) undertakes to perform on the instructions of the other party (the customer) a certain job and hand over its result to the customer, and the customer undertakes to accept the result of the work and pay for it.
2.K certain types contract (household contract, construction contract, contract for the performance of design and survey work, contract work for state needs), the provisions provided for in this paragraph shall apply, unless otherwise established by the rules of this Code on these types of contracts.
The work of a cadastral engineer consists in the correct, establishment of precise boundaries, the creation of boundary plans, as well as the preparation of important documents that are necessary for the registration of real estate. This profession appeared only 5 years ago, before that, land surveyors coped with these duties. As for cadastral engineers, they are personally responsible for the execution of their work, therefore, mistakes are punished in individually... A specialist can be an employee legal organization, also found a cadastral engineer as an individual entrepreneur.
Every real estate owner is faced with the need to register property. Some only thought about it when a really serious need arose. For example, when selling a house or apartment, the procedure of which cannot be completed without registering the property on the cadastral register. Other owners are more calculating. They foresee such cases in advance and, following the requirements of the law, immediately register the property.
One way or another, cadastral engineers are engaged in the procedure for registering real estate. Their services are relevant in the event of disputes between neighbors over land surveying and precise boundaries. The help of a cadastral engineer is also required when registering an inheritance, donation procedures, and so on.
How do cadastral engineers work? Before starting work, a specialist must carefully study all the documents. After that, measurements and evaluation begin. Then they agree with the neighbors. Further, boundary marks are installed, plans are created, and a whole set of necessary documentation is being prepared.
The main requirement in the work of cadastral engineers is high accuracy. Without this, erroneous data will be entered into the documents, for which the cadastral engineer is responsible. As a result, this can lead to the fact that the specialist will be deprived of the qualification certificate. Thus, the job of cadastral engineers requires a lot of responsibility.
Each cadastral engineer has personal letterheads and seals, which are the main tools in their work. These forms contain the basic data: place of work with an address, certificate number, the ability to work with various sites, lands of a certain purpose, etc.
Cadastral engineers can choose one of two forms of doing business: as an individual entrepreneur or as an employee of a law firm that is engaged in cadastral activities. In the course of the work of cadastral engineers, business trips cannot be avoided, you need to be prepared for this. Thus, it will facilitate the fate of obtaining a driver's license.
A cadastral engineer as an individual entrepreneur has the right to conduct business in Russia if he adheres to certain requirements:
- the presence of a certificate that allows you to conduct cadastral activities - issued on the basis of a decision of a special commission;
- diploma of higher special education;
- no criminal record.
If a cadastral engineer works as an individual entrepreneur, he undertakes to pay taxes in mandatory... The activity must be formalized, the specialist must have an IP document. If the activity is carried out through a law firm, the cadastral engineer is its employee, has an immediate supervisor. In addition, all professionals must be members of self-regulatory organization.
Some people have a question: can a cadastral engineer act as an individual entrepreneur and an employee of a law firm at the same time? As the saying goes tax code Russia, individual entrepreneurs are individuals who are registered in a certain order and carry out entrepreneurial activity what happens without education legal entity... Based on this, it can be assumed that the simultaneous activity of the individual entrepreneur and as an employee legal company is still possible. Exceptions are cases provided for by law.
But, as practice shows, cadastral engineers generally choose one of two forms of activity. Indeed, in order to work simultaneously in two directions, a huge amount of time is needed, which is already not enough due to the laboriousness of the work and constant travel on business trips.
How do cadastral engineers work and what is needed for this? The main quality that a cadastral engineer should have is responsibility. Without her, such an activity will not work, since it requires precision and care. If a specialist makes a mistake, he can pay for it with a qualification certificate. There are several reasons why an engineer is deprived of a valuable document for himself. The need for such a punishment is decided by a court or a special commission.
An important quality for a cadastral engineer is a technical mindset. Activities are directly related to calculations, measurements and other nuances. In addition to being attentive, it is necessary to accurately understand all the nuances of the work and be able to present them. In addition, a cadastral engineer must have high analytical skills, resistance to stress, without which cadastral activities are not always possible. Given the constant communication with people, a cadastral engineer also cannot do without diplomacy.
A cadastral engineer must thoroughly know civil, land and other types of legislation related to his profession. Also, a specialist just needs to be able to use special instruments that are used for measurements. This is a level, tacheometer and others. They help to make accurate measurements and establish the correct data, which are subsequently entered into cadastral documents. You can't do without computer knowledge. Today, in the age of high technologies, it is assumed that computers will be used in all spheres of life. Cadastral work is also not complete without this accurate and smart machine. A cadastral engineer needs to be able to work in specialized programs such as AutoCaD, Mapinfo. The plus is the presence of a second legal education.
For a cadastral engineer, you must first obtain a secondary or higher specialized education, which makes it possible to obtain a certificate. There is a certain list of specialties that give the right to obtain a qualification certificate. Exams are accepted by a special committee. Depending on its decision, the cadastral specialist will be issued a certificate or sent for retake.
How do cadastral engineers work? To become a real specialist, you need not only certain personal qualities, but also professional skills.
Question: An individual entrepreneur with the status of a cadastral engineer carries out cadastral activities and, in connection with the expansion of the business, recruits new employees. Does a citizen with the status of a cadastral engineer have the right to get a job as a cadastral engineer for an individual entrepreneur?
Answer: A citizen 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.
Rationale: According to Part 1 of Art. 31 of the Federal Law of July 24, 2007 N 221-FZ "On the State Real Estate Cadastre" (hereinafter - Law N 221-FZ), a cadastral engineer can choose one of the following forms of organizing his cadastral activities:
1) as an individual entrepreneur;
2) as an employee of a legal entity on the basis of an employment contract with such a legal entity.
Recognized as a cadastral engineer individual, which is a member of the self-regulatory organization of cadastral engineers (part 1 of article 29 of Law N 221-FZ).
By virtue of Part 2 of Art. 31 of Law N 221-FZ, a cadastral engineer, in accordance with Law N 221-FZ, has the right to choose the form of organizing his cadastral activities and the place of its implementation independently.
A cadastral engineer has the right to carry out cadastral activities on the basis of an employment contract with a legal entity as an employee of such a legal entity (part 1 of article 33 of Law N 221-FZ).
In the Letters of the Ministry of Economic Development of Russia dated 04/27/2011 N D23-1751, dated 03/04/2011 N D23-884, it was explained that Art. 31 of Law N 221-FZ, the cadastral engineer is given the right to choose the form of organizing his cadastral activities - either as an individual entrepreneur or as an employee of a legal entity. At the same time, the cadastral activity of a cadastral engineer as an employee of an individual entrepreneur is not provided for by Law N 221-FZ.
According to paragraph 2 of part 13 of Art. 29 of Law N 221-ФЗ, a prerequisite for membership of cadastral engineers in the self-regulatory organization of cadastral engineers is, in particular, compliance with the provisions of Law N 221-ФЗ, other federal laws, other regulatory legal acts Russian Federation in the field of cadastral relations, requirements for the implementation and organization of cadastral activities.
By virtue of paragraph 3 of part 15 of Art. 29 of Law No. 221-FZ, a cadastral engineer is excluded from the self-regulatory organization of cadastral engineers in the event of a violation by the cadastral engineer of the mandatory conditions for membership in a self-regulatory organization of cadastral engineers established by part 13 of this article.
If a citizen with the status of a cadastral engineer will work as a cadastral engineer for an individual entrepreneur, he may be excluded from the self-regulatory organization of cadastral engineers on the basis of paragraph 2 of part 13 and paragraph 3 of part 15 of Art. 29 of Law N 221-FZ.
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