Privatization of land plots means the transfer of ownership of real estate from the state to private individuals. This process began a long time ago, so the procedure is streamlined in time and also in stages. But there are situations when privatization cannot be carried out by law. Then the authorized body issues a refusal to privatize the land plot.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
+7 (499) 938-81-90 (Moscow)
+7 (812) 467-32-77 (Saint Petersburg)
8 (800) 301-79-36 (Regions)
APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.
It's fast and FREE !
If a citizen or legal entity, being an applicant for a land plot, does not agree with the decision of the authorized body to refuse, they have the right to challenge it in court.
Refusal of privatization: main points
Privatization of a plot consists of its acquisition. According to Art. 36.1 of the Land Code of the Russian Federation, citizens and organizations have the exclusive right to privatization. But it also happens that a plot cannot be privatized and there are grounds for this provided by law. The list of refusals is exhaustive. This means that no reasons other than those specified in the law can cause a refusal.
The refusal to privatize is objective. The disapproval is due to the fact that the site cannot be sold due to the fact that it is intended for the needs of government agencies. This circumstance must be confirmed. Documents and investment programs serve as evidence.
Where to go to solve the problem
Important points
Based on the rules specified in Part 1 of Article 36 of the Land Code, individuals or legal entities who are the owners of any real estate located on the territory of various land plots have the exclusive right to privatization.
- citizen, legal entity used the right to privatization;
- a plot of land has no boundaries in SNT;
- formal requirements for privatization were not met;
- lack of documents for privatization;
- non-compliance with the procedure for purchasing a plot.
Reasons for refusal
If a citizen or representative of a legal entity was refused privatization of a land plot, they did so lawfully, this means that there are reasons for disapproval. Their full list is indicated in the law:
- The land plot is located on the red lines. This means its location in public areas, including the boundaries of power lines, communication links, pipelines, roads for various purposes, driveways and passages.
- Full or partial location of a land plot in an environmental protection zone. For example, on the territory of a nature reserve.
- Location on the territory that will be subject to reorganization or is planned to be classified as a specially protected site.
- The land plot is privately owned. That is, it acts as the property of an organization or citizen.
- Allotment refers to property that has been seized or limited in circulation.
- The land plot is located on lands that are included in the reserve list (state). Accordingly, real estate may be required exclusively for government needs.
- The plot cannot be purchased or transferred to private ownership. These actions are expressly prohibited by law.
- There are buildings on the land that were erected earlier and were not properly decorated.
This is a list that is basic and is used to formulate the reasons for refusal.
Disapproval from government agencies must be motivated. This means that a citizen or company that has expressed a desire to buy a plot from the state must understand for what reasons they will not be able to do so. There are other grounds that may apply in a certain situation. They are as follows:
- citizen, legal entity used the right to privatization;
- a plot of land has no boundaries in SNT;
- formal requirements for privatization were not met;
- lack of documents for privatization;
- non-compliance with the procedure for purchasing a plot.
Which plots of land cannot be privatized?
An application for the transfer of a land plot to private ownership may not be accepted by authorized bodies if the Land Code limits the possibility of privatization under the following circumstances:
- the privatized plot belongs to the category of lands withdrawn from circulation;
- the law prohibits the registration of ownership of specific types of land;
- the territory is in reserve and will be used for the needs of the state.
In this article we talk about typical options for resolving legal issues, but each case is unique. Take advantage of a free consultation specifically for your specific case, call right now by phone: (it’s free) +7 Moscow +7 St. Petersburg +7 ext. 636 - 24-hour toll-free line throughout Russia
The category of land plots withdrawn from circulation includes the following zones:
Parks and state reserves, excluding territories that can be privatized within the boundaries of natural parks under Art. 95 Land Code;
- lands on which military and strategic facilities are located;
- zones under enterprises related to nuclear energy;
- territories occupied by burials;
- territories on which buildings belonging to military courts and federal security service institutions are erected.
In addition to the listed areas, privatization of lands that have a significant impact on the defense capability of Russia is impossible.
In addition to the direct seizure of land, there is a category of plots whose use is possible with restrictions. Such territories are not permissible to register as private property. Legislation includes lands limited in circulation:
- territories within the boundaries of natural zones under state protection;
- zones related to forest or water resources;
- land plots located in closed ATOs (administrative territorial entities);
- territories allocated for the needs of communications, transport, and energy enterprises;
- zones with cultural and historical heritage sites located on them.
Refusal to privatize land is also possible if the territory is reserved for state or municipal needs. However, in this case, the reservation must be made in accordance with the current regulations. In addition to the decision of the government authority on the upcoming reservation, it is necessary to make a corresponding entry in the Unified State Register, have a detailed diagram of the reserved plot with clearly defined boundaries and place information about it in the real estate cadastre.
One of the common reasons for refusal to transfer land into ownership is the reservation of land by local authorities for their own needs. In this case, the booking procedure is not followed and no corresponding decision is made. In such situations, a person wishing to privatize a “forbidden” plot can obtain permission to register the property in court.
It should be noted that local executive authorities may justify their refusal to privatize land by the fact that the construction of energy facilities or utilities is planned on the disputed site. If the construction of such structures is not recorded in the general development plan, then such a land plot (or part of it) cannot be recognized as reserved for municipal needs, and its privatization cannot be prohibited.
When privatizing land plots that are in limited circulation, the refusal of the local administration in most cases is subject to judicial appeal. This is explained by the fact that the Land Code contains a closed list of lands with limited circulation. When making a decision to transfer a plot of land into private ownership, authorized bodies are required to have evidence that the privatized plot can be classified as land of limited circulation.
If there is no such documentary evidence, then the refusal to privatize should be considered unfounded and illegal and appealed in court.
What to do if the privatization of a plot is refused
The refusal to privatize is contested by concerned citizens. They can take two routes:
- Pre-trial process.
- Appeal to the court for help.
In order to resolve a disputed issue, a complaint is drawn up. It is addressed to the body that made the unfounded decision. The complaint must include the following information:
- circumstances of the controversial case: who is applying, what purpose is being pursued, what happened as a result of considering the application from interested parties;
- validity of the claim: the reasons why the applicant believes that the claim is unfounded;
- requirements for the authorized body.
A complaint against an authorized body is usually sent to the prosecutor's office. This is the easiest way, as it will help save the applicant from choosing a higher authority. The responsibilities of the prosecutor's office include processing the message, as well as identifying non-compliance with the law and issuing orders to eliminate violations.
Upon request, you must file a claim. It is transferred to the district level court. The case has exclusive jurisdiction, which means transfer of the claim to the location of the land. The statement of claim is formed according to certain rules specified in Art. 131 Code of Civil Procedure of the Russian Federation. The claim must include the following information:
- circumstances of the dispute: the claim indicates similar information to that written in the complaint;
- reference to disapproval, reference to municipal decision;
- the plaintiff’s position: it must be reasoned, indicating documents, rules of law that confirm the rightness of the applicant;
- requirements for the transfer of ownership of a land plot.
The claim must be accompanied by documents related to the land plot and its characteristics.
The procedure for privatization of a land plot
The Land Code of the Russian Federation and a number of other regulations define a detailed procedure for the privatization of a land plot. This procedure may differ slightly in the number and composition of documents, depending on the purpose of the land plot, the presence of buildings on it, etc., but the differences are not significant, but only reflect the characteristics of a particular object.
What documents are needed for land privatization
The first step in registering land ownership is collecting the necessary documents. Art. 39.15 of the Land Code of the Russian Federation contains a list of what documents are required for the privatization of a land plot:
- Application to local authorities for the transfer of ownership of the site - according to the approved form;
- Title documents for buildings;
- Cadastral passports of the land plot and buildings on it;
- Applicant's passport;
- When privatizing under the “dacha amnesty”, documents are required from the board of the GSK, the SNT GC, as well as a copy of the resolution or order of the authorities on the allocation of a land plot.
In some cases, other documents may be needed that depend on the specific situation, for example, a long-term lease of land.
Where to submit documents for privatization of a land plot
The collected package of documents is transferred to the authorities whose competence includes the disposal of land in the territory where the site is located. This may be a local government body, a regional government property management body, or the Federal Property Management Agency, a federal executive body that manages federally owned land. Practice shows that the easiest option to send documents for privatization is to contact a multifunctional center for the provision of state and municipal services. MFC specialists will tell you where to send documents in a particular case and will accept them for transfer to the competent department.
If privatization is refused, the applicant has the opportunity to appeal the negative decision in court. An administrative claim is filed with the court at the location of the authority that refused to transfer ownership of the land.
Is it necessary to survey the boundaries of a land plot?
If the land plot in respect of which a positive decision on privatization was made has not previously been demarcated, then this operation must be completed before registering it with the cadastral register.
Land surveying can be carried out by any accredited cadastral engineer on the basis of a service agreement. The result of which will be the preparation of a boundary plan, which reflects the coordinates of the site on the ground. Additionally, boundary signs may be placed on the site indicating the boundaries of the allotment.
When is it necessary to register a land plot with cadastral registration?
In the case of privatization of a newly formed plot, which may include an existing plot in nature, but not recorded on the cadastral map, it is necessary to register it for cadastral registration.
To do this, you must provide the following to the Rosreestr authorities, including through the MFC:
- Application in the prescribed form;
- Boundary plan;
- Documents for the land plot, including the privatization order.
For cadastral registration, the applicant will have to pay a state fee of 2,000 rubles, and for plots registered in a simplified manner - 350 rubles. The duration of registration is ten working days from the date of submission of documents.
If the land plot was previously registered in the cadastral register and has a cadastral number, then re-registration is not required and the citizen can immediately submit documents to register ownership of this plot.
