If you think that a plot of land is the land next to your house up to that road, you are wrong. As scientists say, let's define the concepts. A land plot is a part of the earth’s surface that has boundaries and size established in accordance with the law (Article 36 of the Housing Code of the Russian Federation).
Today we will tell you how to register such a plot of land for an apartment building.
Land plot as part of the common property of the MKD
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Determine your benefit
Complete instructions for registering a land plot with illustrative examples were presented on September 27 at the webinar “Registration and maintenance of a land plot” by Elena Shereshovets.
She advised that before starting work, choose the house for which they will be carried out and answer a few questions for yourself.
Determine what legal status the land plot has today. Analyze how beneficial this will be for you. If you have come to the conclusion that registering a land plot is beneficial for you, develop an action algorithm:
- choose who will deal with the problem, determine his powers;
- designate an executive body that will help carry out the work;
- understand when the moment of transfer of ownership comes - from that moment you will have new rights and obligations;
- determine the size of such area;
- analyze possible difficulties and ways to solve them.
The most important thing to do first is to determine the size and boundaries of the land plot in order to clarify its legal status.
Get information on the Public Cadastral Map
The most convenient way to find out the legal status is with the help of the Public Cadastral Map on the Rosreestr website: you will receive an unambiguous report from the government body on whether the land plot under your apartment building has been formed.
To get information, go to the Public Cadastral Map page, select your city and enter your address. Or, if you know the coordinates of the house on a geographic map, indicate them.
Having found the area of interest, click on it. A window will open in which all available data will be collected: exact address, area, cadastral value, form of ownership, legal status of the land plot and others. The status of a site refers to its category and type of permitted use.
This data must be verified by ordering an extract.
In addition to referring to the Public Cadastral Map, there are several other ways to find out the legal status of a land plot:
- request information from local authorities,
- obtain information from the Office of the Federal Service for State Registration, Cadastre and Cartography.
Any owner of apartment buildings, a group of initiative owners, a management organization or TSN can make a request.
If the plot has already been formed and registered with the cadastral register, it passes free of charge into the common shared ownership of the owners of the premises in the apartment building.
Land plot under a blocked building
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Demarcation of a land plot: what is it and how much does it cost to delimit a plot into two
Attention. We recommend that you always check that the contractor has a license and approvals. This can be done on the Rosreestr website. There you will also find information about the demarcation procedures previously carried out by the engineer and the number of refusals received. This data is more important information than customer reviews, since by contacting an engineer whose work has had a large number of failures, you are taking a risk. It is safer to contact a specialized geodetic company.
What does the law on disengagement say?
Demarcation is a cadastral procedure. Therefore, only a cadastral engineer with a license and clearance can perform it. The basis for demarcation is an agreement signed between the contractor and the land owner. The contractor can be either a private specialist or a geodetic company.
A land plot can be either individual or common shared ownership. If there are several owners of a plot, then each of them has equal rights to the plot. You can specify your rights in relation to your share by determining the procedure for using the site or by allocating it in kind. In case of allocation, land surveying is a mandatory procedure.
Form a plot of land
If the land plot is not formed, seek help from:
- federal executive authorities,
- executive bodies of state power of a constituent entity of the Russian Federation,
- local authorities.
To do this, write a statement from the owners of the apartment building.
Cadastral work is carried out by cadastral engineers. They do them on the basis of a concluded contract for cadastral work on the initiative of the owner of the land plot (or customer).
Projects for planning and land surveying are made for a plot of land that is located under an apartment building. Such projects fall within the competence of local governments.
Formation of a land plot includes:
- preparation and approval of the territory planning project and the territory surveying project,
- carrying out cadastral work in relation to the land plot and carrying out state cadastral registration of the land plot.
The size of the land plot on which the apartment building is located is determined in accordance with the requirements of land legislation and legislation on urban planning.
If you can’t wait to get all the necessary work done quickly, there is a fourth option. Owners can independently carry out land surveying of the land plot under an apartment building and apply to the authorities with an application for approval of the boundary plan, formation of the land plot and its cadastral registration.
In this case, the owners will suffer additional financial losses, which local governments will not compensate.
We recommend that you remember that land surveying is the responsibility of the authorities. You can do the surveying yourself if you are sure that the authorities will do it incorrectly. For example, they will allocate a minimum plot of land for the blind area of a house.
But, in addition to the fact that the owners will incur large costs, the authorities may ultimately not approve such land surveying. Then the owners will have to defend their rights in court.
By the way, owners can defend their rights in court even if they do not agree with the land survey made by the administration. We recommend that you do not lose your money and do not miss opportunities - write an application for the formation of a land plot.
Easement? What is this?
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How land boundaries are surveyed - documents, terms, cost
Most often, land surveying is ordered to establish the boundaries of a site and enter them into the real estate cadastre. In this case, the cadastral engineer will compare the coordinates of the actual boundaries of the site with those boundaries indicated on the plan of the title document (document on the fact of the formation of the site). If the actual boundaries of the site differ greatly from the boundaries indicated in the plan, then the cadastral engineer will draw up a written conclusion about the impossibility of drawing up a boundary plan. In practice, the error is set at 10%.
We recommend reading: Allocation of a Share from the Common Shared Property in a House
Also, when setting boundaries, the cadastral engineer coordinates land surveying with the owners of neighboring plots. It is necessary to coordinate land surveying with the owners of only those plots with which → 1) there are common boundaries → 2) the neighboring plot has boundaries established in the cadastre → 3) the neighbors have a title document for the plot - clauses 1 and 3 of Art. 39 of the Law on Cadastral Activities.
Write an application for the formation of a site
Any owner of an apartment building, a group of proactive owners, or an authorized person can write an application. Managing organization or TSN. MA and TSN act on behalf of the owners. In this case, it is necessary to hold a general meeting of owners so that everyone expresses their consent.
The following documents must be attached to the application:
- a copy of the minutes of the general meeting of owners of apartment buildings;
- copies of identification documents of the authorized person;
- a document certifying the composition and dimensions of the apartment building premises;
- if available, copies of documents on land allocation.
Hold a general meeting of owners
A general meeting of owners will be needed only if not a single owner wants to independently apply to the authorities with an application for the formation of a land plot, and the owners of premises in the apartment building want to do this on behalf of all owners.
In this case, first a general meeting of owners is held, which can be initiated by any owner of the apartment building, and then an authorized person approaches the administration with an application.
The meeting is held in the manner described in Articles 45–48 of the Housing Code of the Russian Federation. The following issues are on the agenda:
- Making a decision on the need to form a land plot for an apartment building.
- Selecting a person authorized to represent the interests of the owners of apartment building premises in state authorities and local governments on the issue of registering the land plot located under the apartment building as common shared ownership.
How is the demarcation between two owners and the delineation of shares of a land plot carried out?
The first stage of demarcation is drawing up an agreement on the division of property. Such a clause must be present only in situations where the owners of individual shares of the plot will be different entities or persons .
- If there is a need to sell part of one plot owned by the owner;
- If it is necessary to divide property , when such measures take place during the divorce of spouses and the division of property that belongs to jointly acquired property. Moreover, most often such measures are applied to those areas that do not yet have buildings on their territory.
We recommend reading: Is it possible to sell an apartment owned for less than 3 years
The land plot passes into common shared ownership
The land plot under the apartment building passes into the common shared ownership of the owners of the premises after:
- state authorities or local governments will form such a land plot,
- it will be put on the state cadastral register.
There is no need to obtain a special decision from public authorities on the provision of a land plot or state registration of the right of common shared ownership of such a land plot.
How is ownership of a land plot registered if the house is two-flat?
Option #1
If the documents establishing the rights to the house say that the residents have been given parts of the house, and not the apartment, then in this case you should apply for a technical passport to the local or regional technical inventory authority. After this, it is necessary to register the rights to part of the residential property with the state registration authority.
If, according to the documents establishing the right of ownership, citizens were given an apartment, and not any part of the house, then in this case they need to register the share of the house and make all changes to the documents. That is, in any case, you will need to re-register the right of ownership of an apartment on a residential plot to the right of ownership of a share in a residential building. To do this, you should apply to the local administration. After the process of state registration of shared ownership of a house has been completed, it is already possible to register the land plot under a two-apartment house as shared ownership.
If the residents of one of the apartments do not have the appropriate documents for ownership, then citizens living in another apartment will not be able to complete this registration process, since the plot of land in this case will be considered indivisible.
It is also worth considering that the land plot under a two-apartment house cannot be the property of the copyright holder of only one of the apartments. This is impossible due to the law, since in order to register such a plot, the right of common shared ownership , that is, the rights of all tenants-owners of this object.
Option No. 2
There is another option for registering ownership of a land plot under a house with several apartments.
If the site on which a residential property is built was formed before the implementation of the RF Housing Code on March 1, 2005 and passed cadastral registration, then it will be the common shared property of all owners of apartments in this building. This procedure is free and does not require a decision by a government authority to transfer ownership of a specific land plot.
If this plot was not formed before the date indicated above, then in this case it is necessary to hold a meeting of all owners and make a consensual decision on the formation of their plot of land, as well as choose one authorized person. The selected citizen is obliged to declare to the administration his intention to form a land plot on which a residential building is built. Typically, plots of land are formed following the rules and regulations that existed at the time of development of certain plots.
In addition, it is necessary to formalize the cadastral registration of the land by contacting the Federal State Budgetary Institution “FKP Rosreestr” with a corresponding application. This can be done by:
- All apartment owners at the same time;
- One representative from all owners, having a notarized certified power of attorney;
- A representative of apartment owners who was elected during a general meeting of owners in an apartment building.
Also, employees of the cadastral registration authority have the right to request a boundary plan of the site. To complete it, you need to contact a cadastral engineer.
The cadastral passport of the plot is issued twenty working days from the date of registration in the cadastral register. It serves for state registration of rights and their encumbrances.
It must be taken into account that ownership or lease of a plot that is not registered within two years will be canceled and excluded from the state cadastre of real estate. In this case, the person who is the applicant is sent the papers that were provided along with the application for registration in the cadastre immediately the next day after the cancellation. So, if necessary, these documents can be used in case of re-registration of land cadastral registration.
An exception to the rules will be such plots of land occupied by semi-detached houses for which documents were received before March 1, 2005 on the provision of a land plot by municipal or state authorities. When such plots are registered for cadastral registration, their information will be assigned the status of “registered”. Thus, this information will not be canceled after two years and will continue to be listed in the state cadastre of real estate.
The final step in registering the land plot on which an apartment building is built is registering the right. Documents to carry out this procedure must be submitted to the reception points of the branch of the Federal State Budgetary Institution "Federal Cadastral Chamber of Rosreestr" at the place of residence.
If there are disagreements, go to court
If disagreements arise regarding the location of the boundaries of a land plot under an apartment building, we recommend that you submit a reasoned objection and proposals for resolving the dispute to the authorities.
Any owner of an apartment building, a group of initiative owners, a management organization or TSN can file an objection.
If agreement on the location of the boundaries of the land plot under an apartment building cannot be reached, the owners have the right to defend their interests in court.
The Supreme Court of the Russian Federation on the establishment of an easement on a land plot
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What to remember
If you want to register a land plot for an apartment building, we advise you to first determine the current status of the land plot and understand how beneficial it is for you.
If you decide to register a plot, follow our instructions:
- Obtain information through the Public Cadastral Map and check it using the extract
- If the land plot has not been formed, write an application for the formation of the land plot to the authorities.
- If none of the owners wants to send a separate application, hold a general meeting of owners.
- If disagreements arise regarding the boundaries of a land plot and the authorities do not want to resolve them, go to court.
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