Land privatization - where to start

What documents need to be collected

When registering ownership of land, a package of documents is collected for submission to the municipal administration or the territorial department of the Federal Property Management Agency.

The package of documents includes:

Application for privatization of a plot.
Identity document
Cadastral passport of the land plot,
Extract from the Unified State Register,
A document confirming land ownership rights,
Consent of the spouse to register the land as a property - is issued by a notary,
Receipt for payment of state duty.

Important!!! The list of documents will differ in some situations, so it is better to first check the list of required documents with the organization accepting the documents.

General provisions

Russian citizens have the right to privatize land plots that they own on the basis of official papers.

They need to present a minimum package of documents to acquire ownership. Land is provided to them free of charge, which is beneficial for Russian citizens.

What it is

The wording “land plot” means a part of the earth’s surface that has fixed boundaries.

Land is a national good that occupies a special, privileged position in accordance with the requirements of the Constitution of the Russian Federation.

They are fixed by constitutional and legal standards that determine the legal status of the land, its constitutional and legal meaning and priority of use.

It establishes the form of legal ownership of land, its intended purpose and type of permitted use. It is the basis of the life of the country's population who live on the territory of the Federation.

The provisions of Article 9 of the Constitution state that land can be either state or municipal property or private.

The unique characteristics of the land plot are entered into the state cadastre of real estate objects.

These include:

Indicators	Description
total area	spatial dimensions
Description of border location	location on the ground, orientation to the cardinal points, relief
Cadastral number	—
Category	type of permitted use
Property rights	registered in the manner approved by the legislator
Imposed restrictions and encumbrances	—
Cadastral value	indicating the date when it was installed
Cadastral numbers of buildings	which are located on the land plot, unfinished construction projects
Information about forests, water sources	located within the land plot
Information about the cadastral engineer	who performed cadastral work

The boundaries of the land plot are determined in accordance with the instructions of the Land Code, Federal Law No. 78-FZ and No. 101-FZ.

As an object of ownership, it is an immovable thing, therefore its unique characteristics make it possible to define it as an individually defined thing.

Who does it apply to?

A land plot, in accordance with the instructions of Articles 130-131 of the Civil Code of the Russian Federation, is included in the number of real estate objects to which property rights apply.

Any adult Russian citizen, regardless of social class, nationality, gender and race, can obtain it as private property.

Where to contact

An application must be submitted to the municipality to privatize a land plot. The decision to transfer it is made by the district administration based on the documents presented by its owner.

The owner must draw up a power of attorney in any form for the privatization of the land plot; a sample privatization agreement is posted on the municipality information stand.

Registration of the privatization agreement with the FKP Rosreestr indicates the emergence of ownership rights. The procedure is carried out by the authority in application form on the basis of submitted documents.

The authority makes changes to the Unified State Register on the transfer of a land plot to private ownership, which is confirmed by an official document or an extract from the Unified State Register.

Power of attorney for privatization

When a citizen himself, for some reason, cannot formalize the privatization of a land plot on his own, he can entrust the registration to another person. Most often, land privatization is entrusted to professionals. A power of attorney is drawn up by a notary. The power of attorney specifies in detail all the powers of the trustee. The notary certifies the document with the seal and signature of the notary. You will need to present:

Identity document
SNILS,
A document proving ownership of the land plot,
Cadastral passport.

When applying to a government official, a state fee of 200 rubles is paid. In addition, the notary will charge a fee for the technical preparation of documents, for which each region has its own tariffs. Tariffs are presented on the stand of the notary himself.

The cost of registering a power of attorney with a private notary is determined by the notary; it depends on the powers that are transferred to the trustee and on the cadastral value of the land.

The cost varies from 800 to 1500 rubles.

You will read in our article how to draw up a purchase and sale agreement for a land plot with installment payment! Do you need to temporarily register in Krasnodar? Then it will be useful for you to read our article.

Have you already remodeled your apartment? Now it definitely needs to be legalized! How to do it correctly, read here.

Power of attorney for management and disposal of land and garden house

Notary / Useful information / Power of attorney for the management and disposal of land and garden house

POWER OF ATTORNEY St. Petersburg, (day, month, year)

I, citizen of the Russian Federation Ivanov Ivan Ivanovich, born March 00, 1900, place of birth: Leningrad, gender - male, passport 40 00 000000 issued by TP No. 65 of the Department of the Federal Migration Service of Russia for St. Petersburg and the Leningrad Region. in the Primorsky district of the mountains. St. Petersburg on March 15, 2000, registered at the address: St. Petersburg, Vasika street, building 3, building 4, apartment 5, with this power of attorney I authorize Ivan Ivanovich Ivanov, born April 00, 1980, passport 40 00 000010 issued by TP No. 65 of the Department Federal Migration Service of Russia for St. Petersburg and Leningrad region. in the Primorsky district of the mountains. St. Petersburg on March 15, 2000, registered at the address: St. Petersburg, Vasika street, building 3, building 4, apartment 159,

- manage and dispose of a land plot owned by me with a garden house located on it, located at the address: St. Petersburg, _____________________, for which I grant the right to have free access to the land plot and garden house, to cultivate the land plot at my own discretion, to collect harvest, erect buildings for various purposes, with the right to order a project, approve building projects in the manner prescribed by law, - to be my representative in all institutions and organizations of St. Petersburg on the issue of obtaining the necessary certificates and documents, including in the Office of the Federal Registration Service for St. Petersburg and the Leningrad region, in the Committee for City Property Management, in the Committee on Land Resources and Land Management, the Federal State Institution "Land Cadastral Chamber", in the technical department of the Rosnedvizhimost Administration, in the technical inventory authorities, the Committee on Architecture and Urban Planning, cadastral registration authorities, the Inspectorate Federal Tax Service of the Russian Federation, with the right to submit any tax returns, in the district Administration, gardening "____", in local governments, in the Interdepartmental Commission for Technical Supervision, the State Commission for Administrative and Technical Fire Protection, in housing maintenance authorities and other institutions, submit, receive various kinds of certificates and documents, including Agreements, Acts, petitions, Certificates, Extracts from the Unified State Register, a plan of a land plot with a cadastral number and other documents with the right to make changes and additions to the Unified State Register for the above-mentioned land plot and garden house, - carry out all transactions permitted by law with the above-mentioned real estate, in particular: sell, exchange, lease, determining in all cases the terms, amounts and other conditions at its own discretion, enter into sales and purchase agreements (exchange, lease), make settlements on transactions , pay all taxes and fees, arrange and pay insurance, receive funds, register with the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region in accordance with the procedure established by law, the agreement and transfer (termination) of ownership rights to the specified real estate, receive documents after the state registration; register, in accordance with the procedure established by law, ownership rights to property received in exchange, and obtain Certificates of state registration of rights, for which I grant the right to sign, draw up, receive and submit documents and duplicates, submit various types of applications on my behalf, including my marital status, sign for me, make the necessary cash payments and carry out all actions and formalities related to this order. The power of attorney was issued for a period of three years, with the right of substitution. The text of the power of attorney was read by me personally, the contents of the power of attorney were read to me by a notary, my data and the data of the representative to whom the power of attorney was issued are indicated correctly. The powers are indicated in the power of attorney in my words and correspond to my wishes.

Registration of property rights and extract from the Unified State Register of Real Estate

After the privatization agreement has been drawn up, the citizen needs to secure the right he has acquired to the land plot. This is done by making an appropriate entry in the Unified State Register. Previously, cadastral registration and registration of rights were carried out in parallel, but since the beginning of 2021, when the new Federal Law “On State Registration of Real Estate” came into force, both types of registration are carried out in the same state database.

In order to register ownership,
the new owner of the plot must submit an application to the Rosreestr authority at the location of the plot . You can do this in the following ways:

At a personal reception in this organization.
By mail - registered mail.
Through MFC (“My Documents” or a similar system).
Through the Gosuslugi portal, if the citizen has registration there.

Along with the application, documents of title to the land are submitted (in this case, a privatization agreement), as well as a receipt for payment of state duty in the amount established by the Tax Code of the Russian Federation. After the necessary data on ownership is entered into the register, the citizen receives an extract from it.

As of 2021, certificates of ownership relating to real estate are no longer issued - instead, extracts from the Unified State Register of Real Estate are used. This document contains not only information about land rights, but also cadastral data for the site.

The land privatization procedure is a process that has many subtleties. If they are not followed, registration of the plot of land will either be delayed or will be impossible. Therefore, it is extremely important to carefully consider the collection of documents for concluding a privatization agreement.

Application for land

Privatization of any property is carried out only on the basis of a citizen’s application. How to create this document? The law does not establish the exact content of the application. However, the document must contain the following information:

Information about the body or official to whom the application is being submitted. Typically, when privatizing a municipal plot, the addressee is the head of local government.
Information about the applicant: full name, residential address, passport details.
A clearly formulated intention to carry out privatization.
Information about the plot that the applicant requests to transfer to his ownership. The site must be characterized in such detail that it can be distinguished from any other site with similar characteristics. It is highly advisable to indicate the cadastral number if it has already been assigned.
Information about the buildings on the site - also with their characteristics and cadastral numbers.
Date of application and signature of the person submitting it.

In addition, since the application is submitted along with the entire set of documents, it must contain o, after which there must be an exact list of all these documents, indicating the number in order and the number of pages in them.

In order to speed up the consideration of the application, it is recommended to make a reference to the regulatory act by which the applicant confirms his right to receive ownership of the land.

What do you need for registration?

Let's look at what documents are needed to register land. First of all, you should remember: the package of documents required for land privatization will vary depending on the type of plot. Therefore, in addition to the general package, which will be required in any case, there are additional procedures that will have to be completed in individual cases.

General list

Before you start collecting documents, it is necessary to clarify whether the site can be privatized at all. According to current legislation, the following types of land are subject to privatization:

Federally owned.
Owned by a constituent entity of the Russian Federation.
Municipal lands.

Moreover, in order to be available for privatization, a plot must meet the following requirements (in accordance with the Land Code of the Russian Federation and the Federal Law “On the Privatization of State and Municipal Property”):

Be located under a residential building that is subject to privatization (read how to privatize a house and land here, and the features of privatization of a land plot under a private house are described here).
Belong to the land of SNT - gardening non-profit partnerships (how to privatize land in SNT?).
To be transferred for free use to a citizen in accordance with Art. 39.10 of the Land Code of the Russian Federation for a period of more than 6 years - provided that a person has already been using this land for 5 years or more.
To be allocated free of charge for individual housing construction.
Be leased until October 2001, provided that the contract was not interrupted and the parties did not change (how to privatize a leased plot?).

There are also limitations. Lands belonging to the following categories are not subject to privatization :

Prohibited from privatization under Art. 28 Federal Law “On the privatization of state and municipal property” (in particular, those subjected to chemical, radiation or biological contamination).
Public lands (squares, roads, beaches, etc.).
Reserved exclusively for state or municipal needs.
Specially protected lands of forest or water resources, areas of nature reserves, etc.

Refusal to privatize the land plots listed above must be motivated, and with reference only to federal legislation, and not local regulations.

In order to privatize a land plot, a willing citizen must prepare the following documentation (in accordance with Order of the Ministry of Economic Development No. 1 of January 12, 2015):

Application for privatization.
If the site was transferred for free use - a statement requesting termination of such a right.
Passport of the applicant citizen. You may also need a copy of his TIN and SNILS.
If documents are submitted through an intermediary, a power of attorney executed by a notary.
If the applicant is married, consent from the spouse, also notarized.
The document on the basis of which the applicant used this land. For example, if the site was transferred for free use - a provision agreement.
Cadastral documentation for the plot, issued through Rosreestr in accordance with the Federal Law “On State Registration of Real Estate”. An extract from the Unified State Register of Real Estate is also required for each property located on the site.
If privatization is carried out in accordance with the rules concerning benefits for certain categories of citizens, documents confirming the availability of such benefits. For example, if the benefit is related to the presence of three or more children in the applicant’s family, a birth certificate for each of them.

List for land registration in gardening

Horticultural non-profit partnerships (SNT) operate on the basis of Federal Law 217 of July 29, 2017. Therefore, if a gardening plot is privatized, the applicant will additionally be required to provide the following documents that meet the requirements of this regulatory act:

A certificate stating that the applicant is using a land plot located within the boundaries of a specific SNT (issued by the board of the partnership).
A copy of the SNT member’s book (certified by the management of the partnership).
A copy of the SNT master plan indicating the location of the privatized site.
A copy of the minutes of the general meeting at which the citizen was admitted as a member of the SNT.

also be additionally necessary to survey the site - clarify its location and boundaries on the ground. This procedure is carried out by specialists of cadastral organizations licensed to carry out this type of activity.

In practice, it often turns out that some of the above documents are not available (for example, if SNT did not submit a master plan). In this case, it may turn out that a citizen will be able to prove his right to privatization only in court by filing a corresponding claim.

Papers for garage

In order to privatize a plot of land under a garage free of charge, the following documents are required:

Title documents for the garage (for example, purchase and sale agreement, exchange, certificate of inheritance, etc.).
An extract from the Unified State Register of Real Estate confirming that the garage (or other building) is his property.
If the garage was built independently - technical documentation for it along with the commissioning certificate.
Cadastral documents for the land plot (together with the boundary plan).

If the garage is part of a single complex, only all co-owners of the boxes in this complex can privatize the land. In this case, the plot is registered as the shared ownership of each of the co-owners in proportion to the area of the garages they own.

Can an authorized person, under a power of attorney, privatize an apartment for himself without my knowledge?

No, that's impossible. The direct prohibition is specified in paragraph 3 of Art. 182 of the Civil Code of the Russian Federation - “a representative cannot make transactions on behalf of the represented one in relation to himself personally, as well as in relation to another person whose representative he is at the same time.”

A small digression - if you need free legal advice, write online to the lawyer on the right or call the following numbers (24/7 for all regions of the Russian Federation): 8 Moscow and region; 8 (812) 425-62-89 — St. Petersburg and region; all regions of the Russian Federation.