What do you need to open IP cadastral engineer. How to draw up a contract with a cadastral engineer as an IP with another IP? How is certification
The cadastral engineer determines the boundaries of land of citizens and organizations, prepares project documentation, and prepares the registration of land property. The profession of 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 operations for the sale of land, inheritance, and land donation operations.
A cadastral engineer as an individual entrepreneur can provide services in the territory of the Russian Federation, but when a number of requirements are met:
The presence of a qualification certificate, which can only be issued by a specialized commission;
The presence of a diploma of higher special education;
Lack of criminal record both unrequited and outstanding.
The geodetic activity of the IP is regulated by legislative acts and prescribes to the person - engineer the following:
- The order of the geodesy service No. 95-pr prescribes to obtain a license for topographic work or other special engineering operations in construction, land surveying, creation and maintenance of cadastres and more.
- The letter of this organization No. 14-7870-VK clarifies: cadastral activities carried out on the territory of the Russian Federation are subject to mandatory licensing.
- Law No. 128-ФЗ does not consider geodetic activity as subject to licensing. However, Law No. 209-FZ states that operations to determine and establish coordinate points (and this is the survey of sites) 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 should be licensed.
In addition to the license, the entrepreneur must have and provide to authorized employees, upon request, a certificate of entering information into the Unified State Register of Enterprises (until 01.03.2008), an extract from the state register. It is also necessary to have a seal, although it is optional for other activities of the entrepreneur. 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 certificate of qualification must be present.
A cadastral engineer as an individual entrepreneur must necessarily pass a qualification exam and get the appropriate certificate. He submits to the commission a statement, his personal documents, a diploma, a certificate of lack of a criminal record, two photographs and written consent to the processing and storage of personal data about the entrepreneur.
Now IP has the ability to freely carry out engineering activities. An entrepreneur can work alone, for an organization - a legal entity or enter into partnership with the same IP engineers. A self-employed entrepreneur personally enters into a contract for the provision of such services with the customer. At the end of the work, he presents the results in writing to him. Concerning the land plot, a boundary plan is drawn up, if the IP works with the building, the building - the technical plan. In some cases, customers require a site survey 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, registration with the Pension Fund and, possibly, extra-budgetary funds. But it can conclude a labor contract with an organization performing cadastral work. In any case, the individual entrepreneur must notify the authority that issued the relevant certificate of the form in which it will operate.
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 to be sold or deregistered;
Survey of the site and surrounding areas;
Drawing up the actual boundary plan;
Obtaining documentation for the site in the real estate cadastre or register of property rights;
Request data from the registry of rights;
Preparation and detailed development of a project for the demarcation of a land plot;
Processing received from the satellite or in the process of shooting measurements and images;
Conclusion of acts of approval.
in this case, multiple jobs are not suitable. as mentioned above - you have a purely civil law relationship.
as I understand it, he will look for customers, conclude an agreement with them for the provision of services for the full support of cadastral work, including subsequent registration. With you - only the implementation of specific services for the preparation of boundary / technical plans and so on. therefore, either draw up a cadastral services contract. either a contract.
in the register of cadastralists you will indicate exactly the contract concluded between you and him, since you will not work on the basis of this contract and your certificate of individual entrepreneur
you have three options:
1. Agency agreement
Civil Code of the Russian Federation Article 1005. Agency agreement
1. Under an agent agreement, one party (agent) undertakes to remunerate 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 of and at the expense of the principal.
In a transaction made by an agent with a third party on its own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into a direct relationship 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 with the principal.
2. In cases where the agent’s contract concluded in writing provides for the agent’s general authority to conduct transactions on behalf of the principal, the latter, in relations with third parties, may not invoke the agent’s lack of proper authority unless he proves that the third party knew or should have known about limiting the authority of an agent.
3. An agency contract may be concluded for a specified period or without specifying its validity period.
4. The law may provide for the features of certain types of agency contract.
2. contract for the provision of services.
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 contractor undertakes to provide services on the instructions of the customer (to perform certain actions or carry out certain activities), and the customer shall pay for these services.
2. The rules of this chapter apply to contracts for the provision of communication services, medical, veterinary, audit, consulting, information services, training services, tourist services and others, with the exception of services provided under the contracts provided for in chapters 37, 38, 40, 41, 44, 45, 46, 47, 49, 51, 53 of this Code.
3. contract
Civil Code Article 702. Contract
1. Under a contract, one party (contractor) undertakes to perform certain work on the instructions of the other side (customer) and deliver its result to the customer, and the customer undertakes to accept the work result and pay for it.
2. For certain types of contract (household contract, construction contract, contract for design and survey work, contract work for state needs), the provisions provided for in this paragraph shall apply, unless otherwise provided by the rules of this Code on these types of contracts.
The work of the cadastral engineer is to correctly establish exact boundaries, create boundary plans, as well as prepare important documents that are necessary for registering real estate. This profession appeared only 5 years ago, before that land surveyors dealt with these duties. As for cadastral engineers, they are personally responsible for the performance of their work, therefore, errors are punished individually. A specialist can be an employee of a legal organization; a cadastral engineer as an IP can also be found.
Each property owner was faced with the need to register property. Some were caught only 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 with cadastral records. Other owners are more prudent. They foresee such cases in advance and, following the requirements of the law, immediately register the property.
One way or another, cadastral engineers are involved in the registration of real estate. Their services are relevant in the event of disputes between neighbors over land surveying and the exact establishment of boundaries. The help of the cadastral engineer is also required in the process of completing the inheritance, donation procedures, etc.
How do cadastral engineers work? Before starting work, a specialist should carefully study all the documents. After that, measurements and evaluation begin. Then they are agreed with the neighbors. Next, boundary signs are set, plans are created, and a whole set of necessary documentation is 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 a specialist will be deprived of a qualification certificate. Thus, the work of cadastral engineers requires great responsibility.
Each cadastral engineer has personal forms and stamps, which are the main tools in the work. In these forms, the basic data are indicated: the place of work with the address, certificate number, the ability to work with various sites, lands for a specific purpose, and more.
Cadastral engineers can choose one of two forms of business: in the form of an individual entrepreneur or an employee of a law firm that deals with cadastral activities. In the process of work of cadastral engineers, business trips cannot be avoided, one must 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 activities 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;
- lack of criminal record.
If the cadastral engineer works as an individual entrepreneur, he undertakes to pay taxes without fail. The activity should be formally formalized, the specialist must have an IP document. If the activity is conducted through a law firm, the cadastral engineer is its employee, has a direct supervisor. In addition, all specialists must be members of a 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? According to the Tax Code of Russia, individual entrepreneurs are individuals who are registered in a certain order and carry out entrepreneurial activity, which occurs without the formation of a legal entity. Based on this, it can be assumed that the simultaneous activity of an individual entrepreneur and as an employee of a law firm is still possible. Exceptions are cases provided by law.
But, as practice shows, cadastral engineers in the main choose one of two forms of activity. Indeed, to work simultaneously in two directions, you need a huge amount of time, which is already lacking due to the complexity of 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 it, to carry out such activities will not work, because it requires accuracy and attention. If a specialist makes a mistake, he can pay for it with a qualification certificate. There are several reasons why an engineer loses a valuable document. The need for such 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 attentiveness, it is necessary to accurately understand all the nuances of the work and be able to present them. In addition, the cadastral engineer must have high analytical abilities, resistance to stress, without which cadastral activity is not always possible. Given the constant communication with people, a cadastral engineer also cannot do without diplomacy.
The cadastral engineer must thoroughly know the civil, land and other types of legislation related to his profession. Also, a specialist simply needs to be able to use special instruments that are used for measurements. This is a level, a tacheometer and others. They help to make accurate measurements and establish the correct data, which are subsequently recorded in cadastral documents. Not without computer knowledge. Today, in the age of high technology, the use of a computer is supposed in all areas of life. Cadastral work also does not do without this accurate and smart machine. A cadastral engineer needs to be able to work in specialized programs, such as AutoCaD, Mapinfo. A plus is the presence of a second legal education.
For a cadastral engineer, you must first get 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 receive a qualification certificate. Examinations are taken by a special commission. Depending on its decision, the cadastral specialist will be issued a certificate or sent for retake.
How do cadastral engineers work? To become a true 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. Is a citizen with the status of a cadastral engineer entitled to get a job as a cadastral engineer for an individual entrepreneur?
Answer: A citizen who has the status of a cadastral engineer is not entitled to work as a cadastral engineer with an individual entrepreneur who is a cadastral engineer and carries out cadastral activities.
Justification: According to Part 1 of Art. 31 of the Federal Law of July 24, 2007 N 221-ФЗ "On the State Real Estate Cadastre" (hereinafter - the Law N 221-ФЗ) the cadastral engineer can choose one of the following forms of organization of his cadastral activity:
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.
A cadastral engineer is an individual who is a member of a self-regulatory organization of cadastral engineers (part 1 of article 29 of Law No. 221-FZ).
By virtue of h. 2 Article. 31 of the Law N 221-ФЗ the cadastral engineer in accordance with the Law N 221-ФЗ has the right to choose the form of organization of their cadastral activities and the place of its implementation independently.
A cadastral engineer is entitled 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 No. 221-FZ).
In the Letters of the Ministry of Economic Development of Russia dated 04.27.2011 N D23-1751, dated 04.03.2011 N D23-884 it was explained that Art. 31 of the Law N 221-ФЗ the cadastral engineer is given the right to choose the form of organization of his cadastral activity - either as an individual entrepreneur or as an employee of a legal entity. At the same time, the cadastral activity of the cadastral engineer as an employee of an individual entrepreneur is not provided for by Law N 221-FZ.
According to paragraph. 2 h. 13 Article. 29 of Law N 221-FZ, a mandatory condition for the membership of cadastral engineers in a self-regulatory organization of cadastral engineers is, in particular, compliance with the requirements for the implementation and organization of cadastral activities provided for by Law N 221-FZ, other federal laws, other regulatory legal acts of the Russian Federation .
By virtue of paragraph. 3 h. 15 Article. 29 of the Law N 221-ФЗ, the cadastral engineer is excluded from the self-regulatory organization of cadastral engineers in case of violation by the cadastral engineer of the mandatory conditions for membership in the 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 with an individual entrepreneur, he can be expelled from the self-regulatory organization of cadastral engineers on the basis of paragraph 2 of paragraph 13 and paragraph 3 of paragraph 15 of Art. 29 of the Law N 221-ФЗ.