The legislative framework
The main document that is the support for the owner during the privatization of land is the Land Code of the Russian Federation, adopted in 2001, in accordance with Article 1 of Federal Law-137.
So:
- in paragraph 4, art. 3 FZ-137 specifies the conditions for obtaining property;
- clause 5, art. 39.20 of the Land Code of the Russian Federation indicates that it is mandatory to obtain consent from all residents of the house before the start of registration of ownership of the site;
- paragraphs 2 – 6, art. 1 of the Federal Law “On Real Estate Registration” determines the date of ownership of the house, which is considered the date of registration of the right;
- pp. 6, paragraph 2, art. 39.3 of the Land Code of the Russian Federation determines the preemptive right of home owners when purchasing land;
- Art. 11.10 of the Land Code of the Russian Federation indicates the norms for drawing up a land plan, including the right to create it independently if you have sufficient experience;
- clause 7, art. 39.15 of the Land Code of the Russian Federation establishes the time frame within which local self-government bodies are required to make a decision on the provision of a site in accordance with the scheme;
- refusal must be justified in accordance with Art. 39.16 Land Code of the Russian Federation.
In addition, the provisions of Art. 22 FZ-218 and FZ-221 when surveying a site, as well as the Law on Real Estate Registration when registering land for cadastral registration.
Privatization of land under a private house
And so on... Be sure to weigh the pros and cons. Perhaps it would be more profitable to leave the land plot on the balance sheet of the municipality and be content with owning a private house? After all, after privatization you will have to pay land tax, and this is another line of expenses. But if you are ready for the procedure, then it makes sense to consider some nuances.
Initially, the land belongs to the state, or more precisely to municipalities. Citizens use the plots on the basis of an agreement for the indefinite use of land or under a lease agreement. The owner of the land in this case is the municipality - it has the right to seize the plot for its own needs. For example, for laying a gas pipeline strip, building a railway, transferring land to the category of environmental zones, etc.
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What documents are needed?
Depending on the case that became the basis for registering land ownership, the set of documents will be different.
Mandatory are:
- application for ownership rights;
- cadastral documentation for the object;
- original passport of the land owner;
- documents of title (sale and purchase agreement, certificate of inheritance, deed of gift, etc.).
Reference! Additionally, the kit should include a receipt for payment of the state duty.
Owning a house: how to register land ownership
- Application of an approved sample;
- A document that can confirm identity. If actions are carried out through an intermediary, he must have a power of attorney, which is notarized, and a passport;
- Receipt for payment of state duty (original and duplicate required);
- An extract should be made from the cadastral plan;
- The original document on the basis of which the exchange, sale or purchase was made (agreement);
- Consent of the parties to carry out the transaction. Must be notarized;
- A list of documents from the party who alienates the land, namely an identification document and a document confirming the right to own the land.
- an extract must be made from the cadastral plan;
- passport or other document that can confirm your identity. In case of registration through an authorized person - a power of attorney executed by a notary;
- a document that confirms the right to inherit;
- a receipt confirming payment of the mandatory state fee;
- statement.
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How to register a land plot?
The procedure for registering a plot depends on the status of the land, its intended purpose, the presence/absence of buildings on it and other factors.
Availability of a private building
According to the instructions, you must:
- Use a simplified design option in accordance with the “dacha amnesty” standards.
- If such a right does not exist, obtain permission from self-government bodies in accordance with the regulations, Art. 39.20 Land Code of the Russian Federation. The regulations establish that the owners of a capital structure have a pre-emptive right to register ownership of the land located under it.
Important! No one else except the owner of a private house has the right to claim the land under it.
Privatization of land plots under a residential building
Initially, an application is made to local authorities .
It should indicate your own data and the type of desired right, as a rule, this is property rights. The application is accompanied by a package of documents collected earlier. It includes documents for the house and confirming the applicant’s pre-emptive right.
In some cases, you need to independently prepare cadastral documentation and purchase the land according to its cadastral value.
The authorized body is obliged to consider the applicant's appeal and provide a response. The refusal has justifications that ensure the right to go to court.
After granting permission, the owner of the plot applies with documents to Rosreestr and goes through the process of registering property rights in accordance with the established procedure.
Under a high-rise building
In this case, the application and package of documents are submitted to the administration by the management company . The kit should include the minutes of the general meeting of residents of the house, at which the decision was made to privatize the local area.
The land is registered as shared ownership of the residents of the house. Each plot in size corresponds to the proportion of the apartment's area in relation to the total area of the house.
Attention! If there are municipal apartments in the house, their shares belong to the state.
If there is no management company, apartment owners independently convene a meeting and prepare documents. They can lay claim to the land under the house and the meter surrounding its perimeter.
The building belongs to several owners
According to the law, an undivided plot of land under a house owned by 2 or more owners can be registered as shared ownership . There is a basic condition here - the appeal must be joint.
If the second owner does not want to take part in privatization, the issue can only be resolved through the courts.
Unfinished housing
An unfinished house is not an object of capital construction and does not give the owner a preemptive right. Initially, it should be put into operation , the self-building should be legalized, and only then should a package of documents be submitted for the privatization of the land.
After the fire
Burnt property should be restored and put into operation before land privatization.
Reference! If within 3 years from the date of the incident the house is not rebuilt and registered, the right to use the site is terminated, and its further use is squatting.
Construction in plans
If the land was inherited or otherwise, before its privatization, a residential building should be erected and put into operation.
Plot for rent
You can obtain ownership of leased land from the government authority after building a house on it. When renting a plot from an individual, the process is impossible.
The price of the question is when can you privatize for free?
The cost of registration in Rosreestr is 2,000 rubles for citizens and 22,000 for legal entities.
The amount of the state duty depends on the purpose of the memory:
- for a summer cottage - 350 rubles;
- share of land in a summer cottage – 100 rubles;
- for agricultural needs – 350 rubles;
- share of a plot intended for agriculture – 100 rubles.
The amount of the state duty for re-registration of inherited land depends on the degree of relationship with the testator:
- 0.3% of the market value of the property for close relatives;
- 0.6% for 2nd degree relatives.
In the first case, the amount should not exceed 100,000 rubles, in the second, a million.
The following are entitled to receive a free allotment:
- large families in which children have not reached 18 years of age or 23 years of age when studying full-time;
- young specialists (up to 35 years old), who are citizens of the Russian Federation with completed professional education, working in rural areas. More information here.
The procedure for privatization of land under a private house after March 1, 2021
- provided for state and municipal needs;
- adjacent to transport hubs and roads;
- contaminated as a result of man-made or environmental disasters;
- public areas (parks, natural reserve areas, street spaces);
- forest and water zones.
- Citizens must use land legally; this requires the availability of properly executed documents allowing them to own land. If such papers are available, privatization is carried out free of charge without any reservations in a simplified manner.
- In the absence of documents for land or the presence of incorrectly executed papers, free privatization is carried out administratively.
- The basis for free privatization is the attitude of citizens to a certain category - Heroes of Russia and the USSR, veterans, military personnel, orphans and some other persons.
- You can privatize the land of a dacha plot for free under a scheme called “dacha amnesty.”
Deadlines
Citizens' appeals are considered within a month, after which the regional administration is obliged to officially announce its decision. In Rosreestr, registration of property rights occurs within 7 days.
If the applicant is refused, he can go to court. Court cases are considered for a long time, their duration depends on the complexity of the case, the activity and responsibility of the participants, and the number of instances passed.
What difficulties might the owner encounter?
Today, it is impossible to get a plot for free without a special status or significant reason.
It is necessary to buy the land. Each region has the right to set its own prices based on the cadastral value of the site. For example, in the Moscow region the percentage deduction from the cadastral price is 3.
If the plot is not included in the cadastral register, its value can be determined based on the price of neighboring plots. To do this, you need to click on each site in the public map located at the link and get full information about it.
By determining, based on the information received, the average cadastral value of one hundred square meters of neighboring plots and multiplying this figure by the number of hundred square meters in the plot of interest, the owner will find out the value of his land.
It should be remembered that there are plots that cannot be privatized, and if the applicant wants to get them, they will always be refused.
These include:
- Located in several territorial zones.
- Buildings crossing red lines.
- Located in areas inaccessible for construction. These zones include:
- Forest
- Particularly valuable lands for the state
- Secret objects
- Water protection zones
If it is possible to obtain land ownership for free, you may encounter the problem of lack of title documents . The owner has the right to use any documentary evidence of the legal use of the property.
Attention! The document is legal even if issued in the name of a predecessor.
If there are only details of legal acts, you should contact the archives. Data can also be obtained from the BTI, Rosreestr or the Unified State Register of Real Estate.
The administration does not have the right to refuse free registration due to the lack of title documents to the owner of the house, just because he operates the facilities.
