Filing an application for the transfer of a land plot in federal ownership
Land plots that are the property of the country can be provided free of charge for the ownership and use of various subjects of the country and municipal self-government bodies. The circle of persons who have the opportunity to acquire federal territories for use is as follows:
- Municipal districts receive ownership of territories that are located in intersettlement areas of adjacent districts. The main condition for compliance is the presence of a detailed territorial planning scheme, which is approved in accordance with the procedure established by the state;
- Cities of federal significance (Moscow, Sevastopol, St. Petersburg) can receive territories that are within their administrative borders;
- Settlements and urban districts have the opportunity to obtain territories that are located within the administrative boundaries of these cities, districts and settlements. The key condition for the transfer is the availability of master plans, land use rules, as well as developments that are approved in the manner prescribed by state legislation;
- All kinds of subjects of federal significance can receive land territories that are intended for the construction of objects of interregional significance, subject to the availability of supporting documentation with planning, planning and surveying projects.
The main stage in the process of transferring federal territories into private or municipal ownership is the preparation of an appropriate application. The basis for carrying out the process of transfer of territories is the submission of an application with the appropriate content.
This document is submitted by the head of the municipality, that is, the highest official of the executive municipal body of the subject. An application for the provision of territory must be submitted to the responsible federal executive body, which acts as the owner and acquires the powers of the owner of a specific plot of land.
Contents of the application for the transfer of a land plot in federal ownership
Filing an application with a request or demand for the upcoming provision of land territories for the use of federal subjects and municipal self-government bodies requires the provision of a document with reliable information to the state body responsible for land manipulation.
Any application must contain the following information in full:
- cadastral registration number of the land territory, if the state land cadastre contains registration data about a specific plot;
- project data and territory layouts.
Formation of a site for transferring it into municipal ownership or into the ownership of a constituent entity of the Russian Federation
Sites that become the object of transfer for use by federal or municipal entities may participate in the upcoming transformation operation. In this case, the application on behalf of government agencies must be supplemented with a legally approved land surveying project for the territory within which the specific site is located.
If there is no such project, then the applicant provides a diagram of the location of the territory, and in the corresponding application he indicates the cadastral registration number of the site, which is registered in the relevant databases.
How to turn a federal land plot into a municipal one
The non-residential school building is municipal property and is transferred to the school with the right of operational management.
A plot of land has been formed under the school building, formed within the boundaries of the building. The area and boundaries of the land plot under the building do not allow the full operation and maintenance of the school building.
To operate and maintain the school building, it is necessary to create an additional land plot.
The additional land plot necessary for the operation and maintenance of the school building is owned by the Russian Federation as part of the land plot transferred on the right of permanent (perpetual) use to the Institution of the Russian Academy of Sciences.
For the normal functioning, operation and maintenance of the school building, it is necessary to provide the appropriate land plot from the property of the Russian Federation to municipal ownership.
To do this, in our opinion, it is necessary to pay attention to the following points.
First of all, is it necessary to coordinate the transfer of the corresponding land plot with URAN.
In accordance with the norm of paragraph 4 of Art. 20 of the Land Code of the Russian Federation, persons who own land plots with the right of permanent (perpetual) use do not have the right to dispose of these land plots.
In paragraph 24 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 24, 2005 No. 11 “On some issues related to the application of land legislation,” it is explained that after the entry into force of the Land Code of the Russian Federation, persons possessing a land plot with the right of permanent (perpetual) use are not has the right to transfer it for rent or free-term use, including with the consent of the owner of the land plot.
This conclusion is also confirmed by the resolutions of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 06/07/2011 No. 1744/11, dated 05/18/2010 No. 448/10 and dated 05/18/2010 No. 437/10.
By virtue of the norm of Art. 552 of the Civil Code of the Russian Federation and the norms of paragraph 1 of Art. 35 of the Land Code of the Russian Federation, the owner of a building has the right to the land plot necessary for its use.
From the norm of paragraph 1 of Art. 36 of the Land Code of the Russian Federation it follows that the owner of a building located on a land plot in state and municipal ownership has the exclusive right to privatize the land plot or purchase it for rent from the public owner, and not from the holder of the right of permanent (perpetual) use of it.
This right is exclusive, that is, no one other than the owner of the building has the right to privatize the land plot occupied by such a building, or to purchase this plot for rent.
Under such circumstances, the latter cannot dispose of a land plot owned by the Russian Federation and provided to URAN on the right of permanent (indefinite) use.
Thus, obtaining the consent of URAN to transfer the corresponding land plot from federal property to municipal property is not required.
Secondly, it is necessary to determine the procedure for transferring the corresponding land plot from the property of the Russian Federation to municipal property.
Regulations on the Federal Agency for State Property Management, approved by Decree of the Government of the Russian Federation dated 06/05/2008 No. 432, Regulations on the Territorial Administration of the Federal Agency for State Property Management in the relevant constituent entity of the Russian Federation, approved by order of the Federal Agency for State Property Management dated 03/05/2009 No. 63 , the management is entrusted with the powers of the Russian Federation to dispose of federal land, which, by virtue of the norms of Articles 9, 29 of the Land Code of the Russian Federation, is federal property.
Order of the Ministry of Economic Development of the Russian Federation dated July 13, 2009 N 270 and Decree of the Government of the Russian Federation dated June 13, 2006 N 374 provide for the procedure for transferring the corresponding land plot from the property of the Russian Federation to municipal property .
The procedure for transferring a land plot from the ownership of the Russian Federation to municipal ownership, in our opinion, is as follows.
- The school must apply to the Ministry of Defense with a request to provide, on the right of permanent (indefinite) use, an additional plot of land necessary for the normal functioning, operation and maintenance of the school building.
- The MO needs to contact the Territorial Administration of the Federal Property Management Agency in the subject with a request for the formation and cadastral registration of a land plot from lands owned by the Russian Federation. The application must indicate that the land plot is needed for the normal functioning, operation and maintenance of the school, which is municipal property.
- The territorial administration of the Federal Property Management Agency in the subject needs to form a land plot and enter the relevant information about it into the Unified State Register of Lands (USRZ).
- After registering the land plot for cadastral registration, the Moscow Region must send to the Federal Property Management Agency (address: Moscow, Nikolsky Lane, 9) a proposal to transfer the land plot from federal ownership to municipal property, attaching a list of documents regulated by the Decree of the Government of the Russian Federation dated June 13 .2006 No. 374.
The procedure for providing a land plot necessary for the school to function normally should not violate the uniformity in the interpretation and application of the law, including that reflected in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated April 3, 2012 No. 12955/11.
Decision to refuse transfer of land
Filing an application with a request to transfer land territory from a federal asset to the use of municipal structures and state entities may not bring the desired results, so the body responsible for resolving land issues may refuse to satisfy the requirements.
The reasons for making a negative decision in this matter may be the following cases:
- If the submitted application did not indicate the cadastral number of the land territory or important documents were not attached to this document (a land surveying project approved by the responsible government body, or a map of the location of the territory if a specific site will be involved in the transformation).
- If the territories that are considered as an object of transfer to government bodies, departmental enterprises and institutions that were created on a non-commercial basis were noticed in cases of violation of legislation in the field of land use, damage to the properties of the territories, violation of the intended purpose, failure to fulfill the obligations of land users or long-term refusal from the exploitation of territories;
- In the layout of territories approved by law, there are factors sufficient for refusal. These may be a discrepancy between the plan and the format or processes for preparing documentation, a discrepancy between the diagram data and the actual position of the site, and also if serious errors were made during the development process, the diagram does not correspond to the approved project and all additional documentation, the diagram with the plan for the upcoming formation of land includes the boundaries of the plots, who will participate in the land surveying processes.
- Land territory is not subject to transfer to municipal or state use if it is intended to be provided for use by other industries and entities.
Land Code of the Russian Federation" N 136-FZ in the latest edition:
Article 39.31 of the Land Code of the Russian Federation. The procedure for the gratuitous transfer of a land plot in federal ownership to municipal ownership or to the ownership of a constituent entity of the Russian Federation
1. The transfer of a federally owned land plot in accordance with this article is carried out upon an application for the transfer of a land plot sent by the head of a municipal entity, the highest official of a constituent entity of the Russian Federation (the head of the highest executive body of state power of a constituent entity of the Russian Federation) (hereinafter in this chapter - application for transfer of land). An application for the transfer of a land plot is submitted to the federal executive body exercising the powers of the property owner.
2. The application for the transfer of a land plot shall indicate the cadastral number of the land plot if information about the land plot is included in the Unified State Register of Real Estate.
3. If a land plot that is proposed to be transferred into municipal ownership or into the ownership of a constituent entity of the Russian Federation is to be formed, an approved project for surveying the territory within the boundaries of which such land plot is located is attached to the application for transfer of the land plot, or in the absence of this project - a diagram of the location of the land plot, and in the application for the transfer of the land plot the cadastral number of the original land plot is indicated (in the case of the formation of the land plot from a land plot, information about which is included in the Unified State Register of Real Estate).
4. It is not allowed to require other documents from the applicant, with the exception of the documents provided for in this article.
5. The federal executive body exercising the powers of the owner of the property, no later than within one month from the date of receipt of the application for the transfer of a land plot, is obliged to adopt and send to the applicant a decision on the gratuitous transfer of a land plot from federal property to municipal property or to the property of a constituent entity of the Russian Federation (hereinafter in this chapter - the decision to transfer a land plot) or a decision to refuse the gratuitous transfer of a land plot from federal ownership to municipal property or to the ownership of a constituent entity of the Russian Federation (hereinafter in this chapter - a decision to refuse to transfer a land plot). The decision to refuse to transfer a land plot must indicate all the grounds for refusal to transfer the land plot, and copies of documents confirming the existence of grounds for such refusal must be attached to it.
6. The federal executive body exercising the powers of the owner of the property notifies, in the manner established by this body, the unified development institute in the housing sector about the receipt of an application for the transfer of a land plot, as well as about the decision made in accordance with this article on the transfer of a land plot or decision on refusal to transfer the land plot.
7. The decision to refuse to transfer a land plot is made if there are the following grounds:
1) the land plot provided for in the application for the transfer of the land plot is not subject to transfer in accordance with paragraph 2 of Article 39.30 of this Code;
2) the application for the transfer of a land plot does not indicate the cadastral number of the land plot or an approved land surveying project for the territory within the boundaries of which such a land plot is located, or a layout diagram of the land plot if such a land plot is to be formed, is not attached to this application;
3) there are grounds for refusal to approve the layout of the land plot, provided for in paragraph 16 of Article 11.10 of this Code;
4) the land plot provided for in the application for the transfer of a land plot is provided to a federal government body, its territorial body, a federal government enterprise, a federal state enterprise, a federal state institution, a non-profit organization created by the Russian Federation and there are no grounds for termination provided for in Articles 45 of this Code the right of permanent (indefinite) use, the right to free use of such a land plot, termination of a lease agreement for such a land plot or an agreement for free use of such a land plot.
8. The absence in the Unified State Register of Real Estate of information about the location of the boundaries of the land plot that is proposed to be transferred is not a basis for making a decision to refuse to transfer the land plot.
9. If the land plot that is proposed to be transferred is to be formed and there is no corresponding land surveying project, the decision to approve the layout of the land plot is made simultaneously with the decision to transfer the land plot.
10. The decision to transfer a land plot is the basis for a municipal entity or a constituent entity of the Russian Federation to ensure, at the expense of the local budget, the budget of a constituent entity of the Russian Federation, respectively, the implementation of cadastral work necessary to clarify the boundaries of the transferred land plots or the formation of a land plot, and state registration of municipal property rights education or subject of the Russian Federation.
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