The house has been privatized but the land is missing, what to do?

Free legal consultation over the Internet 24 hoursLawyer on housing issues in St. Petersburg. Free legal consultation on labor disputes.
5/5 (7)

Privatization Law

Every citizen of the Russian Federation is given the right to receive ownership of a plot of land free of charge from the state or municipality. A citizen can use this right only once in his life.

Attention! To do this, a citizen must carry out the privatization procedure in relation to the land plot. After the privatization procedure is completed, the citizen will become the full owner of the land plot.

The procedure for the privatization of land owned by the state or municipalities is determined by the Land Code of the Russian Federation.

Based on the norms of the current legislation of the Russian Federation, the right to free privatization of a land plot can be used by:

citizens who received a land plot for free use on the basis of a previously concluded agreement for a period of six years, five of which have already passed;
citizens who received a plot of land for free use for personal farming or individual housing construction on the basis of a previously concluded agreement for a period of six years, five of which have already passed;
families recognized in accordance with the current legislation of the Russian Federation as large families;
owners of real estate objects, the ownership of which was acquired as a result of purchase and sale, donation, inheritance, and so on until October 25, 2001;
citizens who entered into a land lease agreement before October 25, 2001;
citizens who have received a land plot for indefinite use or have registered the right of lifelong inheritable ownership of a land plot, provided that a residential property owned by the citizen has been built on the land plot.

Until December 31, 2020, it is possible to obtain free ownership of land plots used for dacha or garden farming.

As noted above, every citizen of the Russian Federation has the right, once in his life, to carry out the procedure for free privatization of a land plot that is in state or municipal ownership. In all other cases, the citizen will have to purchase the land plot at its cadastral value.

How to draw up a statement of claim to the court on land issues?

How to legalize self-construction on a plot of land, read here.

How to change the purpose of a land plot, read the link:

Do you need permission to build a house on your own plot in 2021?

Construction of a house in SNT is usually carried out using simpler technologies. According to the law, a garden house is understood as a premises suitable for seasonal use and intended strictly to satisfy domestic needs associated with a temporary stay in it.

We recommend reading: How long is a lien valid on a house that is the only place of residence?

It should also be taken into account that until March 1, 2021, a dacha amnesty is in force, which provides for the registration of dacha housing without the additional provision of a commissioning certificate. Taking into account the fact that the building permit has been cancelled, until March 1 of next year it will be possible to register residential buildings on plots with the appropriate purpose, even without providing notifications.

What is land privatization

Privatization of land plots in the Russian Federation has been carried out for more than 25 years. But despite this, cases when real estate objects located on a land plot are registered as the property of a citizen, but the land plot itself is not registered, occur quite often.

Many citizens who have previously privatized residential real estate (especially houses) have a question: “Is it necessary to privatize the land plot on which the already privatized house is located?”

The answer to this question is obvious – of course it is necessary! Only after the privatization of the land plot will the citizen have ownership of the land, which will protect him from many unpleasant surprises.

It is customary to distinguish the following types of privatization:

free privatization;
privatization carried out administratively is free;
paid privatization;
privatization carried out in pursuance of a court decision.

You can carry out free privatization in the following cases:

on the privatized land plot there is a residential property owned by a citizen;
the land plot is rented by a citizen for personal farming;
the land plot was transferred to the citizen for indefinite use;
on a land plot in perpetual use there is a residential property owned by a citizen.

Attention! It should be noted that the phrase “free privatization” does not mean that the citizen carrying out such a procedure will not have to pay.

Before proceeding with the registration of free privatization, a citizen will have to carry out a number of procedures, for example: carry out land surveying work, order a cadastral passport for the land plot.

These procedures are carried out only on a paid basis. Thus, the costs that a citizen will incur in the process of registering free privatization of a land plot depend on many factors, in particular on the area of the land plot, the complexity of the terrain on which the plot is located.

The following are not subject to free privatization:

land plots reserved for the needs of the state or municipality;
plots located on lands of forest or water funds;
land plots that are public areas (for example: parks, roads, etc.);
land plots adjacent to transport hubs;
land plots located in areas contaminated as a result of various accidents and disasters.

The procedure for privatization of land under a private house after March 1, 2020

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.”

08 Feb 2021 juristsib 1408
Share this post

Statement of claim for divorce with children sample 2020
Relationships between Drivers and Traffic Police in 2021
Discounts for train travel for students in 2020
What changes and additions will there be under Article 228 3

Why do you need to register land as a property?

Some citizens who have privatized a residential building have questions about whether it is necessary to privatize the land plot on which the house is built, and why is this necessary?

There are a number of weighty arguments in favor of the fact that the land plot on which a residential property owned by a citizen is located should also be privatized.

Let's look at the most significant ones:

a citizen who owns a plot of land has the right to erect various buildings and structures;
a plot of land owned by a citizen by right of ownership will not be able to be seized by third-party organizations and developed.

If the land is rented

As for the issue with the leased land on which the house is built, such territory also prohibits its use at the discretion of the owner of the house, since it is not his property by law. If a plot of land is leased from the local administration, it can be purchased in accordance with the general procedure established for everyone, and only after that obtain ownership rights to it and dispose of it fully.

To obtain a leased land plot, you must complete the following process steps:

What conditions for land privatization must be observed?

Currently, there are categories of land whose plots are not subject to privatization:

strategic lands, including land plots on which military units are located;
lands included in the Forest Fund of the Russian Federation, including lands of nature reserves and national parks;
lands directly adjacent to nuclear energy facilities;
lands contaminated as a result of accidents and disasters;
lands related to the cultural heritage of the Russian Federation;
lands put into reserve to meet state (federal or regional) or municipal needs.

In addition, there are a number of exceptions that allow a citizen to be denied the right to privatize a land plot without apparent reason.

If a citizen comes to the conclusion that the refusal to privatize a land plot was unlawful, it is necessary to apply to the courts to protect legal rights and interests.

Attention! Privatization can only be carried out in relation to those land plots on which privately owned residential real estate is built, provided that the land plot is classified as public land.

In all other cases, it is almost impossible to obtain ownership of a land plot free of charge.

Advantages and disadvantages of registering ownership of a plot

The presence of a residential property on a land plot that is privately owned by a citizen provides significant advantages when registering the privatization of a land plot.

But is there a need to formalize the privatization of a land plot if a residential property located on the plot is already owned by a citizen?

The answer depends on many factors, including whether the citizen plans to sell or exchange real estate in the foreseeable future.

Legal restrictions

As mentioned above, every citizen of the Russian Federation has the right to receive ownership of a land plot free of charge. A citizen can use this right once in his life.

But before starting the process of privatization of a land plot, you should familiarize yourself in more detail with a number of norms enshrined in the Land Code of the Russian Federation. These rules clearly define areas of land that cannot be transferred to private ownership.

Land plots in respect of which it will be impossible to formalize private property rights include:

lands of nature reserves of various levels, nature reserves and national parks;
lands on which real estate objects belonging to the Ministry of Defense and other law enforcement agencies are built;
lands on which military court buildings are erected;
lands used to ensure the security of the Russian Federation;
lands on which radioactive waste repositories are located;
lands on which communication lines and other communications necessary to ensure state security are located.

In addition, it will not be possible to privatize land plots belonging to the lands of the Forest Fund, to lands of cultural significance, on the lands of the border strip. It will also not be possible to register ownership of the land plot on which the water body is located.

How to register land as a property if it is rented

Remember! If a citizen has built a residential property on a leased land plot, this does not mean that the land plot can be disposed of at the discretion of the house owner.

The land plot is owned by the citizen on the basis of a lease agreement, and he has no rights to dispose of the land plot, since the land plot is the property of another person.

If the leased land plot is in state or municipal ownership, it must be purchased or privatized.

Only in this case will a citizen who has received ownership of a land plot be able to freely dispose of the land plot.

Features of transfer of rights

If there are no objects listed above on the territory under the built house, the owner can take up the issue of registering ownership of the land. In addition to privatization, purchase and sale, options for obtaining such a property are tax-free inheritance or gift. Any basis for obtaining ownership rights to a land plot must be registered with government agencies. Without this procedure, rights will not be recognized.

Registration of property rights, that is, their actual registration and receipt, is carried out at the local branch of Rosreestr or the Multifunctional Center, where all the necessary information about the property and its owner is entered into the unified state register.

The very registration of land ownership and its procedure will depend on who is the owner of the territory at the moment.

Features of privatization of a plot of land into private ownership

After transferring the package to the body carrying out privatization, the citizen is left with a receipt in his hands, which lists in detail all the materials transferred to the body carrying out privatization.

Attention! The receipt indicates that the application and all attached materials have been accepted for consideration. Thirty calendar days are allotted for consideration of the application on its merits.

If in order to carry out the procedure for privatization of a land plot it is necessary to register the land plot with cadastral registration, the citizen carries out the procedure for cadastral registration at his own expense.

To do this, you will need to carry out a land surveying procedure. After this, you should contact the territorial body of the Federal Service for State Registration, Cadastre and Cartography to register the land plot with cadastral registration.

The basis for the procedure for privatization of a land plot is a decision made by a municipal or state authority to allow a citizen to register a plot of land as private property free of charge.

A citizen's ownership of a land plot is subject to state registration with the territorial body of the Federal Service for State Registration, Cadastre and Cartography at the location of the land plot.

To carry out the procedure for state registration of ownership of a land plot, a citizen will need to provide:

an application with a request to carry out the procedure for state registration of ownership of a land plot;
decision of a municipal or state authority to privatize a land plot;
citizen's identity document;
financial documentation confirming the fact that the citizen has paid the state fee.

The procedure for registering property rights is carried out within ten days from the date of submission of documentation.

After the land plot becomes the property of a citizen and the ownership goes through the state registration procedure, the citizen will be responsible for paying land tax.

The amount of land tax differs in different regions. On average, the size is 0.3% of the cadastral value of the land plot.

How to register land privatization correctly

The procedure for privatizing a land plot can be carried out in one of the following ways:

in a simplified manner, it is possible to carry out the procedure for privatization of land plots intended for running a personal dacha, garden or vegetable garden. The basis will be the law on dacha amnesty. Other types of land plots are privatized on the basis of regulations of state or municipal authorities;
by a court decision that has entered into legal force and is binding;
to purchase a land plot at a price established by a state or municipal authority, if the transfer of a land plot to a citizen into private ownership free of charge is impossible;
obtaining the right to own a land plot free of charge, formalized in the form of a regulatory legal act of a state or municipal authority.

Remember! The procedure for privatizing a land plot consists of the following stages:

carrying out site survey work performed by a specialized geodetic company. Work is carried out to determine the exact size of the land plot, the location of the erected buildings, and so on;
a citizen’s appeal to a state or municipal authority to coordinate the boundaries of a land plot and obtain the right to privatization;
obtaining an extract from the Unified State Register of Real Estate for the privatized land plot, and, if necessary, carrying out the procedure for land surveying;
registration of a cadastral passport of a land plot;
transfer of all collected materials to the territorial body of the Federal Service for State Registration, Cadastre and Cartography for registration of ownership.

Important! If a residential property located on a land plot is owned by two citizens, then citizens can apply to state or municipal authorities with prepared documentation packages, both jointly and individually.

Each citizen will receive ownership of a share of the land. The share in the land plot will be proportional to the share in the residential property, which is owned by the citizen.

In order for the procedure for registering ownership of a land plot to take place, each owner of a share in a residential property must provide written consent to register the land plot as shared ownership.

If one of the citizens refuses to register ownership of the land plot, then the procedure for privatization of the land plot will have to be carried out through the court.

When registering ownership of a land plot, it is necessary to comply with the requirements established in the Town Planning Code of the Russian Federation.

If the boundaries of the land plot are determined, it is necessary to hold a general meeting of share owners. Based on the results of the meeting, it is necessary to draw up a protocol for the approval of the territory. The protocol is sealed with the handwritten signature of each owner.

What to do if the land is owned but the house is not

Creation of technical documents with a call of a specialist to the site of construction of a house to take measurements and determine the characteristics of the structure will take from one to three days. When paying for technical service services for expedited passport processing, an increased cost is assumed. To carry out work at a normal pace, that is, over several weeks, payment is made at the general rate, which reduces costs by almost half in comparison with expedited processing. Also, the cost depends on the region of location of the house with a plot of land and on average ranges from four hundred rubles for the provision of services within the usual time frame, as well as one thousand two hundred or more rubles for expedited work;
The creation of a cadastral plan is carried out during the same time period as the receipt of technical documents. When drawing up this document within the normal mode (from one to three days), the cost will be from four hundred rubles, depending on the subject and the region of location of the real estate, but with the accelerated mode, the cost will be one thousand five hundred rubles or more. The distance of the building and site from the city limits is also important. If it is located at a distance of fifty kilometers or more, an additional payment for delivery or ensuring the arrival of an employee of the district Inventory Department is required;
Registration of property when transferring a full package of documents at Rosreestr offices will take about ten days; when submitting documents through Multifunctional Centers or through the State Services website, it will take a little longer - fifteen to twenty days. The result of state registration is an extract provided to you from the Unified State Register of Real Estate about the status of the immovable property and the existing restrictions and encumbrances regarding the residential building.

We recommend reading: What documents are needed for registration in a private house

What documents will be needed

A citizen who wishes to register ownership of a land plot acquired as a result of any transaction will need to contact the territorial body of the Federal Service for State Registration, Cadastre and Cartography.

In this case, you will need to provide a package of documentation compiled in accordance with the requirements of the current legislation of the Russian Federation.

Let's take a closer look at how to carry out the procedure for registering ownership of a land plot, provided that the residential property built on the site is owned.

Documents required for the procedure:

an application drawn up in accordance with the established template;
citizen's identity document;
financial documentation confirming the fact that the citizen has paid the state fee;
extract from the cadastral plan;
title documentation;
consent of all parties to carry out the transaction.

Remember! The amount of the state duty depends on the further purpose of the land plot.