Application form for privatization of land

Privatization of a land plot is a process that involves the transformation of municipal property into private property. For citizens of the Russian Federation, free privatization of a plot of land is possible once in a lifetime.

This norm is spelled out in the Land Code and Federal Law No. 137, which was ratified by the State Duma on November 25, 2001. Later, Federal Law No. 171 of June 23, 2015 was issued, clarifying some controversial issues related to privatization.

What is land privatization

To understand privatization as a process, keep in mind that the goal is to transfer a huge amount of land held by the state without cultivation and use into private hands so that citizens can develop plots of land throughout the country. In this case, the beneficiary can be a citizen or an organization. Privatization is the official way to transfer land rights to citizens from the state.

The peak of popularity of the process of privatization of the land fund came in 1992, however, at that time there was no system for recording privatized lands, which led to a large number of errors and overlaps of plot boundaries with each other.

The process of land privatization is carried out by executive authorities at the level of municipalities, under whose jurisdiction land plots are located. The process takes place under the auspices of equality of applicants for land resources and the principle of availability of state support when registering the results of privatization.

Privatization takes place in accordance with the following points:

• A legal entity that owns a quarter of the authorized capital of the privatized object does not have the right to privatize into private ownership;
• The cost of the object is determined on the basis of the Decree of the Government of the Russian Federation; data on the examination of independent specialists is rarely used;
• The reasons for refusal to privatize are set out in Article 13 of the Privatization Law;
• For each type of property, unique methods are used to determine the possibility of entering into the privatization process in relation to such property;
• The rules for privatization must be observed, and the proceeds must go to the municipal budget;
• The privatization process must take place on a voluntary basis, openly, in compliance with the law.

All individuals have the opportunity to participate in the privatization of property owned by the state and subject to alienation in favor of private ownership.

Definition of concepts

Privatization implies a legal form of transferring state property to a private person. The subject is an individual

. As for legal entities, they also have the right to privatization, subject to ownership of no more than 25% of the capital.

The transfer of state property in accordance with Federal laws is carried out by local government bodies. It is based on the equality of all buyers and transparency of the work of stakeholders.

Basic conditions necessary when establishing the privatization procedure:

• the acquirer is not a legal entity whose fixed assets exceed 25%;
• the assessment of the value of the privatized property is carried out in accordance with the procedures of the Government of the Russian Federation, sometimes an assessment report by independent experts is used;
• according to Article 13 of the Federal Law, it is impossible to privatize property specified in the legislation;
• maintaining transparency of the action taken;
• ensuring the implementation of federal legislation;
• individual consideration of the characteristics of a specific type of property;
• transfer of funds to the local budget.

Persons who do not have permanent registration or live on the basis of free use and rent cannot apply for privatization.

Today, this procedure is carried out free of charge. It has been extended until 2021

. Upon expiration of the period, a certain fee may be assigned.

The cost of privatization is not clearly stated. Perhaps the amount will be the market price or a certain percentage of the cost. Citizens with benefits will be able to carry out the procedure free of charge

. The rest of the population will pay the entire fee.

Sample application for privatization of a land plot

How to privatize a land plot

Carefully study the sequence of measures for acquiring property through privatization of state property:

• Find out in advance and prepare all the necessary documents and papers, a list of which can be obtained from the settlement administration, since in private cases unique documentation may be required;
• You need to order a certificate from the Unified State Register of Real Estate, according to which you can determine the department of the government agency that deals with such issues. If the territory is under the jurisdiction of a municipal entity, then contact the settlement administration. If the land belongs to the federal level of government, contact the land management committee;
• The application is drawn up by the owner of the land, in which he indicates his intention to obtain ownership of the land officially and free of charge. In this case, you must apply to the name of the owner of the land, prepare all the necessary documents and papers that allow the applicant to use the land;
• Employees of authorized bodies consider the application within a month. During this period, administration employees check all documents and data submitted by the applicant to determine the admissibility of concluding a transaction to transfer land from state ownership to private ownership;
• If a positive decision is made regarding the applicant’s appeal, he should arrive in person at the cadastral chamber or a body with similar functions in order to be able to issue a cadastral number and receive cadastral documentation for the land plot. Please note that it is during this period that it is necessary to carry out land management work and land surveying, if the last measurements of the land were more than 5 years ago;
• If the administration refuses to accept the application for consideration, the applicant has the opportunity to seek protection of his rights in court. If a citizen was able to prove his right to privatization and received the appropriate court decision, then the steps of the previous paragraph must be repeated;
• If the decision is negative, then the administration often makes demands to eliminate the reasons for such a decision. If the citizen corrects the situation in time, then he must again submit an application according to the above algorithm;
• The final stage is registration of the received land as ownership by the Rosreetsra authorities. After receiving the documents from the Cadastral Chamber, go pay the state fee to the bank. Then with the receipt back to Rosreestr to formalize documents on ownership.

The main actions for implementing the privatization of a land plot are listed.

How the procedure works

Privatized land comes in different forms.

The relevant documentation is individual for each case:

When registering a land plot for your own use, the provided package of documents is reviewed within a month. If the local government responds positively, the land boundaries are approved, land surveying is done, and a passport is issued.

The latter is provided by the owner to the cadastre and cartography authorities. The final stage is the conclusion of a document that stipulates the transfer of the land plot into possession free of charge or a purchase agreement.

Sample of notarized consent

Documents for privatization of land

The following papers and documents are required for privatization:

• Application in writing about the intention to privatize the land plot;
• A copy of the passport, not the original;
• Written consent of the spouse or co-owner for the alienation of the land plot;
• Title documents for property;
• Cadastral passport for land;
• Information from the Unified State Register of Real Estate upon request;
• Technical and other documentation for the land plot and the building erected on this site.

In the absence of cadastral documents, it is necessary to make a request for land surveying to the relevant bodies of the cadastral service of the municipality.

Specialists will carry out survey work or change boundaries, then the applicant will receive documents confirming changes in the cadastre in relation to the plot of land. If the applicant did not have cadastral papers for the plot, then after the work is completed the owner will receive a cadastral passport and an assigned cadastral number.

Step-by-step procedure for land privatization

Let's consider the algorithm for privatizing a plot in stages. The article describes a typical privatization scheme

. Depending on the situation, the steps may vary.

In some cases, preliminary registration of the site with cadastral registration will be required. To do this, the interested citizen must contact a cadastral engineer who has a license to carry out such activities

. The full list of cadastral engineers is available here. After the cadastral work has been completed, you must contact Rosreestr or the MFC to make changes to the register of real estate.

Step 1. Collecting documents

In January 2021, Order No. 1 of the Ministry of Economic Development of the Russian Federation was issued, which contains a list of papers required for privatization. This list includes:

• application for the provision of land ownership;
• the applicant's general passport;
• notarized consent of the applicant's husband/wife if he is married;
• document justifying the use of the site, if it is operated by the applicant;
• cadastral passport or extract from the Unified State Register;
• an extract from the Unified State Register of Real Estate on the rights to the land and buildings located on it;
• a document providing the basis for the allocation of a plot if the applicant belongs to one of the preferential categories of citizens.

This list can be supplemented and adjusted depending on the situation and the grounds for privatization. The complete list must be clarified with the municipality or other institution that is authorized to deal with the procedure.

Step 2. Providing documents

The prepared package of documents is transferred to the local administration, the department of the Federal Property Management Agency or the MFC. The specific recipient depends on who has the land plot of interest on their balance sheet.

You can find out who the current owner of the plot is in the extract from the Unified State Register of Real Estate. Anyone can get this information

.
You can apply for an extract online on the Rosreestr website
.
The service is paid
. The cost of an extract from the USRN is 200 rubles for individuals.

After the documents are accepted for consideration, an employee of the institution will issue the applicant a receipt with a list of documents received. It will also indicate the approximate date of readiness of the decision on privatization.

As a rule, documents are reviewed within 30 days. Based on the results, the applicant will receive an agreement on the transfer of the plot to the ownership of an individual or a paper justifying the refusal to privatize.

Step 3. Registration of ownership

To register the transfer of ownership, you must contact Rosreestr or MFC with the following documents:

• application for registration of property rights;
• general passport;
• positive decision to provide the site;
• receipt of payment of state duty in the amount of 350 rubles.

A receipt is not always a required document. However, to avoid problems, it is better to provide it.

The registration period does not exceed 5-7 working days. Let us remind you that after this the citizen has an obligation to pay land tax.

How to write an application for privatization of a land plot

There are no norms or strict rules in the law for drawing up an application for privatization of a land plot. However, there are standards established by the Federal Property Management Agency, which contain information about the mandatory points of the application.

Study these points carefully so that you can draw up a statement in free form, but in accordance with legislative recommendations:

• It is necessary to enter information about the authority to which the application is sent;
• Provide the applicant’s personal information;
• Formulate in writing the intention to privatize the land plot;
• Provide a list of the main characteristics of the site.

If we talk about the structure of an application for privatization of property, then pay attention to the following sequence of entering data into the text of the application:

• At the top of the page, enter the full name of the institution or organization where you plan to send the application for consideration; the full name of the head of the structural unit who is responsible for making a decision on this application must be entered;
• Below you enter the applicant’s own data, which includes full name, actual residence address, all passport details, TIN, telephone number and email address;
• Below is the text of the appeal, which indicates a request to allow the privatization of a specific property in the form of a land plot, then information about the cadastral number of the land plot is entered, basic technical data are indicated, and the address of the land plot is required;
• Next, be sure to enter information about the buildings existing on the plot of land, enter data similar to the previous paragraph about all the technical features of these structures;
• After the text, with a slight digression, it is necessary to put the date of drawing up the application and the signature of the applicant with a transcript;
• If there are copies of documents that need to be attached to the application, indicate in the text before the date the phrase “I am attaching the following documents to the application,” then list all the attached papers in a column.

Nuances of land privatization.

On free privatization of land in 2017-2018. read here.

Read about the privatization of land and houses at the link:

Legal action in case of refusal

If local authorities refuse an applicant to privatize a land plot, there is the possibility of challenging this decision through the courts. To resolve the contradiction, the owner of the site must have enough evidence in his favor. The process involves filing a claim

. It is advisable to seek the help of a lawyer.

It is necessary to collect a certain package of documents:

• statement of claim;
• document confirming payment of state duty;
• a duplicate of the title document;
• cadastral passport;
• the spouse’s consent to privatization, certified by a notary;
• documentation for buildings;
• state site plan;
• resolution on the possibility of privatization of the territory.

The above documents are provided both in originals and copies. The statement of claim must contain the personal data of the applicant, the name of the court, requirements, a list of attached documents, signature, date of filing.

We tell you how to privatize a land plot in 2021 - quickly, without problems and unnecessary paperwork.

Sample application for land privatization

Most Russian citizens do not have legal skills and have little understanding of the specifics of drawing up such documents. In this case, you should not try to draw up a statement yourself; contact a lawyer. If you don’t have the funds to hire a specialist, find a sample of a ready-made application and use it to create your own application.

It is possible that the sample for filling out the application can be changed in different regions of the country, taking into account the peculiarities of the legislation of these regions.

Expert advice is that before writing an application, find samples on the official website of the administration of the settlement or region, so as not to rewrite and waste time correcting your own version of the application.

What you need to know when filling out an application for privatization of a land plot

To simplify the task for the authorized bodies as much as possible when considering the application, indicate the specific law or regulation that justifies the applicant’s right to obtain ownership of the territory through privatization.

Another option to speed up the application review process is to attach papers confirming the bona fide ownership and implementation of targeted activities within the land plot. Additionally, attach information from the Federal Tax Service about the absence of debts to pay taxes on the land, an extract from the FSSP about the absence of encumbrances on the land plot.

Please note that when using the site under a lease agreement, attach the lease agreement in copy format to the written application. If possible, provide a certificate of timely payment of rent, and in the application itself indicate that the plot of land is leased.

Is it possible to apply for privatization by power of attorney?

If the applicant is not physically able to come in person to draw up an application, it is permitted to use the services of a representative, who must carry out activities in accordance with the power of attorney, which specifies the limits of his powers and responsibilities. Such a power of attorney must be signed by a notary.

Only in the presence of the above circumstances, the trustee has the right to carry out privatization, starting from drawing up an application.

Where to apply for privatization of a land plot

For the first time, privatization can be registered free of charge at the authorized executive body at the location of the site.

Based on information about the ownership of the site by certain officials, the following circumstances should be highlighted:

• If the initiative to privatize a land plot in SNT by a tenant is supported by the land owner, then the tenant will be able to begin the privatization process. In this case, the owner must agree in writing to carry out this process. And the initiator must first write an official application addressed to the owner in order to obtain permission to privatize the territory;
• If a plot of land located under the jurisdiction of the district administration is being privatized, then you should first send a written application to the land relations department of the administration; if there is no separate division for land issues, then you should contact the head of the administration directly with a request to clarify where exactly to submit an application for land privatization ;
• If it is necessary to privatize a plot of land on which permanent buildings are located, owned by third parties. To begin registering land ownership rights, contact the BTI department with a request to conduct an inspection and prepare documentation in relation to the specified real estate objects.

To obtain comprehensive information on the formalization of the land privatization process, please contact directly the administration of the municipality under whose jurisdiction the plot of land is located.

Who has the right to privatize land plots?

The right to privatize a land plot located under a private house is acquired by individuals. These include those whose structure was erected on the lands of populated areas, with the official registration of the building authorized by the administrative department of urban planning and architecture. At the same time, the lands are registered:

• lease agreement with the municipality (procedure for privatization of a leased land plot);
• allocated to lifelong inheritable ownership;
• allocated to the right of permanent (indefinite) use.

In the listed types of powers, one can identify the basic structure of re-registration of land plots, with minor nuances associated with the specifics of the type of right.

The main universal feature of the gratuitous transfer of rights is the previously unused right to privatize land. In accordance with the provisions of the Law on Privatization, adopted on July 4, 1991, No. 1541-1, free privatization of a land plot under a private house is given once. Otherwise, only redemption is allowed.

Cost of privatization of land

Please note that privatization is intended to be a free process; therefore, no fees are charged for this procedure.

However, do not forget about the associated costs:

• Payment of state fees if necessary;
• Payment of the cost of providing notary assistance.

Registration of documents, checking their validity, requests for various certificates and other expenses will amount to approximately 10,000 rubles.

Which land plots cannot be privatized in 2021?

It must be borne in mind that some types of plots that are in municipal or federal ownership are not subject to privatization. In 2021, such salaries include:

• Reserve lands;
• Public national park lands;
• Public lands (squares, streets, roads, driveways, beaches);
• Lands withdrawn from circulation;
• Forest fund lands;
• Water fund lands;
• Lands approaching the coastline closer than 100 meters.

Note! The plots included in this list cannot be privatized, but can be transferred for long-term lease.

Time frame for privatization of land

There are no established limits for privatization. You can register land free of charge by transferring it from state ownership to private ownership at any time until this is changed by law.

Know that a piece of land that a citizen exploits without privatizing the territory does not belong to him. This means that such a plot cannot be sold, donated, or left as an inheritance. It is legally determined that the maximum process of land privatization can take a month. This means that you need to get together and spend time and money to obtain ownership of a plot of land in order to obtain the right to dispose of the land in full.

Please know that if a citizen has not received all the documentation confirming land ownership rights within 30 days, you can go to court for compensation for damage caused by delays in privatization.

Procedure and rules of privatization

Determined by established federal and local standards based on the Privatization Law, Civil and Land Code. The decision on the gratuitous transfer of municipal lands is made by the authorized administrative commission on the basis of:

• submitted application;
• package of submitted documentation.

The commission meets according to established rules, which include relevant applications from citizens. This may require a period of time ranging from one to one and a half months.

The decision is formalized in a protocol, and the applicant is given an extract from the protocol on the merits of the request in hand and against signature.

Before you privatize a plot of land under a privatized house, you should know that the procedure itself for citizens begins with submitting an application to an authorized official. After receiving the extract, having read its contents, the applicant is determined in further actions:

1. If the decision is positive, based on the extract, he draws up an administrative act and applies to the registration authority.
2. If the decision is negative, he submits a new application, correcting the indicated deficiencies in the design, or goes to court.
3. When going to court, recognition of the claim and a positive court decision are required. Having received it, he attaches an extract from the court decision to the documents and carries out registration.
4. If the district court refuses, it is permissible to file a claim in the regional court.

Registration is carried out within a month, after which the owner will be issued a certificate of ownership of the land under the house.

Refusal to privatize a land plot

There are moments upon the occurrence of which a citizen may be denied the right to privatize a land plot:

• The real estate objects are recognized as unsafe;
• The property is located on the territory of a military facility or military unit;
• The property is located in service-type premises;
• The owner of the real estate is the municipality, represented by specific executive authorities, which have the right to use the property for state needs;
• The real estate property is subject to restrictions due to seizure;
• The property is leased indefinitely;
• Sometimes it is impossible to privatize a share in property due to the disagreement of the remaining co-owners;
• A citizen has once exercised the right to privatize an immovable property; again such a person will be refused;
• The documents were not fully prepared, the rules for drawing up and submitting documentation were violated, and the papers were submitted to the wrong structures and services.

In any case, if the refusal is unfounded, in the opinion of the citizen, he can go to court.

Documentation

In order for the privatization of a land plot under a house to take place, title documents are needed, on the basis of which title documents are obtained after the registration procedure and registration of the land with the cadastral register.

In addition, a residential building must be provided with a package of technical and cadastral documentation, which must also be registered with the registration authority. If a house is under construction and is not completed, it is subject to registration as an unfinished construction project.