Costs for registering ownership of a plot of land, including state fees

Home / Real estate / Land / Ownership / Registration

Back

Published: 07/15/2017

Reading time: 7 min

0

632

Citizens who bought/inherited a plot of land or cultivate it on the basis of permanent perpetual use must legalize their rights to real estate. This procedure must be completed in order to become the full owner of a land plot and be able to freely dispose of it: sell, lease, bequeath to descendants, divide and merge, etc.

The process of registering a plot of land as a property can be divided into three stages:

1. Collection of title and technical documentation for the registered plot: the first group includes documents confirming the land user’s claims for registration of property rights (this could be a purchase and sale agreement, an extract from the business book, a certificate of inheritance, etc.)
2. Transfer of all necessary information for verification to Rosreestr.
3. Obtaining an extract from the Unified State Register of Real Estate confirming land ownership rights.

Registration of land ownership inevitably entails certain costs. Among them, we can highlight a group of direct costs for paying the state registration fee and indirect ones, which go towards obtaining the necessary set of documents for submission to Rosreestr.

• State duty amount
• Paperwork
• Services of natary, lawyer, cadastral engineer

The meaning and significance of the registration procedure

Registration of rights to land under a garage building is a necessary procedure and makes it possible to protect yourself from further problems. The difficulty is that the property is located on the territory of a specific municipality.

Several scenarios are possible:

1. The plot can be resold to another owner, who uses it for development or for another purpose. No one will pay compensation to the owner, since the land that was to be sold was not his property.
2. Guided by the Civil Code, an unauthorized garage can be removed (Article 222). This article contains a ban on the disposal of municipal and state land at one's own discretion. When such a fact is discovered, the building will be demolished.

To avoid finding yourself in a similar situation, you should present proof of ownership of the plot. The document will confirm that it is in your possession legally.

In fact, this will only delay the inevitable, since the municipality is allowed to dispose of a specific object as an owner. Thus, you can protect your property only when the land under the garage is registered as your property.

Note! Even if there is an appropriate agreement, the municipality has the right to exploit the territory at its own discretion. This means that, if necessary, the plot will be seized in favor of the owner without compensation if the garage is not owned.

When the legal owner demands the site, the car owner will receive compensation for the demolition of the garage based on the contract. At the same time, no one will compensate anything for the land itself. This gives a reason to seriously consider the issue of privatization and obtain the documents necessary to confirm ownership rights.

Once the site becomes private property, no one can take it away. This issue needs to be addressed as early as possible.

Conditions and legal basis

The legislation regulates the rules for the privatization of land plots. For this purpose, a legal mechanism has been developed that allows the procedure to be carried out legally.

The following guidelines should be followed during the registration process:

• Land and Civil Codes;
• Federal Law No. 178 “On the privatization of state and municipal property.”

The Land Code allows you to register a plot when the garage owner has a long-term lease agreement (Article 28 of Federal Law No. 178). This document serves as the basic basis for privatization. At the same time, only those citizens who received land before 2001 have such a right.

According to the provisions of the Civil Code and the Land Code of the Russian Federation, only the one who acts as the legal owner of both the garage building and the plot under it has full right of ownership of real estate. The listed regulatory legal acts allow you to familiarize yourself in detail with the procedure for registering land under certain conditions.

There are owners who received the opportunity to dispose of land later than the time established by the Land Code of the Russian Federation. In this case, re-registration is also possible. You should be guided by Federal Law No. 178, which allows you to legally acquire land (Article 18). To do this, you must participate in the auction.

Under a detached garage

The basic condition for completing the procedure is to have a rental agreement in hand. You will also need documents directly for the property.

Privatization of land for individual buildings is determined by the following actions:

1. A certificate issued by Rosreestr is required. To do this, the garage owner needs to contact the appropriate authority.
2. Go to the land committee located at the administration. There you need to draw up and submit a statement of intent to carry out registration actions.

When contacting a government agency, you should request the opportunity to familiarize yourself with the terms of purchase of a specific plot. The cost is determined by the local authority. When the price suits both parties, it is necessary to sign a purchase and sale agreement.

Options for becoming the owner of the land:

• purchase;
• inheritance;
• donation;
• exchange of plots;
• privatization.

1. Buying land.
   The transaction is registered by Rosreestr of the Russian Federation. The following must be submitted to the registration authority: an application, a passport, a power of attorney (if the documents are brought by a representative), confirmation of payment of the fee, an extract from the cadastral plan, an agreement, the consent of the parties to the transaction, a certificate (damaging the seller’s right to the land).
2. When inheriting, an application is given, a receipt for payment of the state duty, an extract from the cadastral plan plus a certificate of inheritance. Rights are registered in Rosreestr.
3. When state land is acquired by citizens, this means a process of privatization.

If you are thinking about how to register land as private property, then you have decided to become a full owner and confirm your rights.

Even after many years of use without payment, it may become a task to register the land as ownership.

The owner receives the right to fully dispose of the land. To become a full-fledged owner, you will have to worry about collecting documents and preparing to submit papers to government agencies.

Where to register land ownership? Depends on who owns it. Ownership of a plot is issued by Rosreestr or the administration.

Features when registering land in a garage cooperative

The cooperative is provided with land under a contract on terms of unlimited use. He, in turn, builds garage-type complexes that have a common foundation.

This means that privatization of the land under the complex is allowed only by the entire collective. The optimal solution would be to engage in re-registration by GSK participants jointly and simultaneously.

The procedure requires compliance with several basic rules:

• general decision-making from all garage owners on privatization;
• buildings were purchased from a cooperative;
• all buildings are registered as property;
• all owners will be shareholders as a result;
• The chairman of the cooperative agrees to act as an intermediary during privatization.

The first stage is the gathering of GSK participants to make an appropriate decision to privatize the site. This is necessary because the process can only be implemented with the participation of all garage owners. In addition, the state duty is paid jointly.

At the meeting, a protocol must be drawn up, which must be signed by all members of the cooperative. You will need to draw up a collective application to submit to the local administration. It will contain a request to transfer the area under the garages into shared ownership.

Attention! The procedure, as well as the preparation of documents, is the responsibility of the chairman of the GSK. Only he is empowered to act as a representative of the interests of the entire cooperative.

In addition, even the absence of one signature is a serious obstacle to privatization. This will serve as grounds for refusal, which requires control by the representative and other interested owners.

Land for rent

A long-term lease agreement serves as a compelling basis for re-registration of the right to a plot under a garage building. And in fact, an alternative acquisition option, which at the time of signing is the most correct decision.

Provided that the land is received at disposal before the deadline established by law, opportunities for privatization are provided (Article 28 of the Land Code of the Russian Federation).

The agreement can be personal or collective. The document must contain the terms of interaction between the owner (municipal or state) and tenants. It is signed individually with each owner of the building. The agreement includes the rights and obligations of the parties, as well as a clause on regular payments (monthly, quarterly, semi-annual or annual).

It is significant that long-term leases cannot exceed 49 years, so it is possible to apply for the transfer of real estate into private ownership. A request for the transfer of land can be submitted by both individuals and legal entities.

According to the dacha amnesty

The state “dacha amnesty” program provides opportunities for registration with simplified conditions. Thanks to this, there is no need to participate in tenders, and privatization is carried out free of charge. Regardless of the purpose of using the land, a minimum of documents will be required for the procedure.

Legislation regulating the conditions of the dacha amnesty requires the following conditions to be met:

• transfer of the site on the basis of a valid agreement for construction;
• based on cooperative agreements.

Due to recent changes, the program has been extended until March 2021. However, this can be done by citizens who received a plot of land at their disposal before October 25, 2001.

Paperwork

The documents that the copyright holder will need to legitimize his status as the owner of a piece of land can, in most cases, be obtained absolutely free of charge.

The list of documents for state registration of rights includes:

• Applicant's passport;
• Title documentation (acts of state authorities, judicial acts, purchase and sale agreements, certificates of inheritance, deeds of gift, etc.);
• Boundary plan of the land plot;
• Application for state registration of rights;
• Documents confirming the authority of the representative (if the information is not transmitted by the owner).

You only need to pay for the collection and submission of all documents when contacting intermediary companies, in particular, specialized law firms. Such work, which saves the owner from going to the registration center and other authorities, can cost about 5-15 thousand rubles. If the landowner does not want to part with the specified amount, he will limit himself only to the cost of the state duty.

Representatives of Rosreestr do not have the right to request additional documents that are not prescribed by law, including those issued on a paid basis.

VAT payers can be both individuals and legal entities. And what is the cadastral number of a land plot and how is it deciphered? There is a detailed explanation here. Who carries out the land surveying? Find out about this in our article.

Procedure

The garage owner can protect himself from unforeseen circumstances by privatizing the land under the property. Provided that the building was erected legally and you have all the necessary documents on hand, including cadastral information, it is possible to complete the procedure.

Registration of the land under the garage as a property includes three basic stages:

1. Contacting the local administration.
2. Preparation of documents.
3. Submission of documents to Rosreestr.

Initially, you need to make sure that the site meets the criteria for registration. Free registration is possible if the land was allocated for garage construction and the right to use was received no later than January 30, 2001.

Contacting the municipality

The first stage is necessary for the garage owner to receive title documents. For this purpose, you need to contact the local administrative authority to conclude a lease agreement for the land under the garage (if this has not been done previously). In addition, it is possible to obtain the right of use on the terms of redemption (Article 39.20 of the Land Code of the Russian Federation).

According to the procedure, the owner of the building must register the plot under the garage building with the state cadastral register, thanks to which the assessment takes place. If the acquisition is carried out without official tenders, the value of the land should not be higher than the cadastral value.

In case of acquisition through an auction, the starting price is announced by the body that carried out the assessment. You need to be guided by Federal Law No. 135 “On valuation activities in the Russian Federation”. The starting price can also be the cadastral price, if its results were approved in advance (but not earlier than 5 years before the auction).

The completion of the stage will be the signing of a purchase and sale agreement with the municipality. This document will serve as the basis for registration, with which you need to go to Rosreestr.

Preparation of documents

As soon as a citizen has the basis for registration, he should start collecting a package of documents to submit for registration.

You must provide the following:

• a certificate confirming ownership of the garage;
• passport of a citizen of the Russian Federation;
• cadastral passport;
• certificate issued by the BTI;
• a document confirming the right to use the land plot;
• a receipt confirming the payment of the state duty (350 rubles).

Documents for the garage must be submitted. Their absence will only delay the procedure. Therefore, you need to take care of this in advance.

Submitting documents for registration

The last step, if no difficulties arise, will be to contact Rosreestr - this is a federal-level government agency that has the authority to register ownership of objects.

Documents are submitted directly:

• to the local department;
• through the mediation of the MFC;
• It is possible to submit via the Internet, for which you need to visit the official website.

The government agency will review the submitted documents within ten days. If no errors are found, the garage owner will receive documents on the right to own the land.

Registration of land ownership: where it happens, procedure, documents

First, let's look at the step-by-step registration procedure. The first step towards it will be to submit an application to the Registration Chamber (Rosreestr). The application must contain a request for registration, information about the land and the personal data of the applicant.

In addition to the application, the owner must provide:

• your passport;
• legal document (for example, a gift or sale agreement);
• cadastral passport of the land plot;
• receipt of payment of state duty;
• in the case of representation of the owner’s interests by another person - documents confirming the powers of the trustee.

When all the documents are prepared and the fees are paid, Rosreestr accepts the entire package of documents for review and examination, for which a receipt is issued. If there are no errors in registration or discrepancies between the documentation and the rights to the property that arose earlier, then a registration mark is entered into the Unified State Register of Rights.

Reasons for refusal

The garage owner, when dealing with the procedure, must be prepared to refuse the request. The commission accepts the case for consideration. However, there is no guarantee that everything will go smoothly.

Legal grounds for this may include:

• lack of documents on land or directly on real estate;
• dilapidated condition of the garage;
• the owner of the property built it illegally;
• The garage is located within the territory of new buildings.

You should be aware that the registration procedure is suspended if a trial is ongoing in a specific area.

In most cases, local government does not intend to give up the site for re-registration. This is explained by the fact that they plan to use it for other purposes.

Registration cost

The term for drawing up a contract for the exploitation of land affects the terms of payment. However, even with free registration, certain costs will be required. There are many factors that influence the final amount and should be taken into account.

If the procedure requires litigation, the cost will increase to reflect the costs of this process. In practice, this happens quite often, so you shouldn’t write them off. In addition, you may need the help of a lawyer or an independent examination, which will also cost a tidy sum.

What is included in the cost of land registration

In this process, material waste is inevitable. How much it will cost to register a plot of land as your property depends on several factors. This is a state fee for registration of a land plot and a fee for services provided by specialists.

Over the past years, the state duty for these registrations has remained unchanged (since 2021). The table shows the prices for registering property rights.

All types of duties are regulated by the Tax Code of the Russian Federation. As for the cost of specialist services, everything is determined on an individual basis. One of the necessary documents for land is a technical (cadastral) passport. Without it, it becomes impossible to carry out transactions and use rights. If the land plot does not have a cadastral passport, the services of a cadastral engineer will be required. He will establish the exact boundaries of the site, conduct a geodetic survey, and draw up a boundary plan. The cost of services varies depending on the location of the site (from 5 to 25 thousand rubles). Then you should contact Rosreestr to obtain a cadastral passport. The procedure can be completed either independently or with the help of a government services portal, mail or lawyer. State fee for passport production:

• for individuals – 200 rubles (electronic form – 150 rubles);
• for legal entities – 300 rubles (electronic form – 250 rubles).

If the land is inherited, then the participation of a notary in the preparation of documents will be required. The cost of his services depends on the degree of relationship with the testator and the value of the inherited land. For close relatives this amount will be 0.3% of the cost of the plot, for all others - 0.6%. In both cases, the notary's work fee is added to the resulting figure - approximately 5 thousand rubles.

If ownership is established in court, then monetary costs can increase significantly.

When submitting documents through a representative, intermediaries or by mail, notarization of each paper will cost 200 rubles plus payment for legal services of a notary.