How to get land for free urgent use in 2021?

Home » Land » Registration

• 1 Legislation
• 2 Who can buy
• 3 Lowest price conditions
• 4 Purposes of acquisition
• 5 Trades
• 6 Ways to obtain land
• 7 List of documents
• 8 Cancellation of a transaction
• 9 individual housing construction
• 10 Grounds for refusal

Increasingly, city dwellers want to move to quieter areas such as villages and villages. Silence, fresh air and the opportunity to garden attract people. From this article you will learn how to buy a plot of land from the district administration.

Legislation

The procedure is regulated by federal and regional legislation:

1. In ch. 36 of the Civil Code of the Russian Federation establishes the features of gratuitous use of property, the rights and obligations of the parties, and the responsibility of the borrower.
2. In Art. 24 of the Land Code of the Russian Federation indicates the possibility of obtaining an allotment by citizens or individuals.
3. Land rights to a plot free of charge are established in Art. 39.10 Land Code of the Russian Federation.
4. If the plot is located on forestry territory, then the process of its use is regulated by the Forest Code of the Russian Federation.

Agreement for free use of land

An agreement for the free use of a land plot is concluded in free written form. The sample is posted on the Rosreestr website and on the Internet. The agreement must include the following details:

1. Names of the parties:

• Full name and passport details of individual participants;
• full name of the company, address, full name of the authorized officer for organizations;
• Full name and details of the representative, if the parties act through them.

2. Information about the allotment: cadastral number, area, intended purpose, address and category.

3. Conditions for providing the site for free possession.

4. Inventory of buildings, objects and documents that are transferred to the loan holder;

5. Duration of the contract: the exact number of years or period, for example, the duration of a government contract. In the case of transfer of a state allotment for lifelong lease by a legal entity, the indefinite validity period of the agreement is indicated.

6. Responsibility of the parties in case of failure to fulfill the terms of the agreements.

7. Conditions for termination of the contract and the possibility of its extension.

An agreement concluded for a period of more than a year is subject to mandatory registration with Rosreestr.

On its official website you can find a sample of a standard agreement for the free provision of land for use.

Concept and features

Free-term use of land allows you to exploit the plot at your own discretion.
In this case, the borrower is obliged to return the plot upon expiration of the contract. The agreement specifies the conditions for the use of the land. If they are not specified, then the recipient must dispose of the site in accordance with its technical and economic purpose. Reference! Municipal or state property may be transferred for free use. The recipient can be either an individual or a legal entity. The right to lifelong ownership of a plot and its transfer by inheritance applies only to land received by citizens before October 21, 2001. Currently, an open-ended agreement can be concluded with municipal or state organizations.

For gratuitous temporary use, plots of land owned by legal entities or citizens may be allocated. For this purpose, an agreement is concluded between the parties.

Features of land transfer are as follows:

• free transaction;
• urgency;
• obligation.

The owner should not receive any payment for providing the land. The contract is concluded for a certain period. Deadlines for certain categories are established in the Land Code of the Russian Federation. The borrower must comply with the terms of the agreement. Otherwise, administrative measures may be applied to him.

Ways to obtain land

The following can obtain territory without participating in an auction or in a simplified manner:

1. Beneficiaries (citizens living in dilapidated houses or houses in disrepair, WWII participants, internationalist soldiers, people with disabilities, large families (3 children or more) and other categories of citizens).
2. Legal entities . If the company plans to build objects important to society, for example, healthcare institutions, roads or industrial facilities.
3. Employees of budgetary institutions and/or organizations in rural areas.
4. Manufacturers of agricultural products , if they rent the site for more than 3 years.

Who can get the right to a plot?

The state or local governments may transfer land to the following citizens and organizations:

• government institutions;
• state and municipal organizations;
• civil servants;
• citizens for agricultural activities;
• religious organizations.

Employees with whom an employment contract has been concluded have the right to office plots if the residential premises provided by the institution are located on a land plot. The full list of persons who can become borrowers is indicated in Art. 39.10 Land Code of the Russian Federation.

The period for which the allotment is transferred for use

The permissible lease periods in relation to state lands are regulated by clause 8 of Art. 39.8 of the Land Code of the Russian Federation. The maximum period for registering land for use is 49 years, no minimum has been established. The law provides for different terms of lease agreements in relation to public lands for individual purposes and can be:

• 3-10 years in relation to land plots that are provided for the construction of real estate;
• up to 49 years for placement of linear objects;
• 20 years for an individual housing structure within the boundaries of a populated area;
• 3-5 years for the development of the territory and the construction of a dacha farm;
• up to 3 years to complete an unfinished construction project.

We also talked about what could result in the loss of the right to use a land plot, and how to properly file a claim to remove obstacles to the use of land.

Thus, in order to receive a plot of land from the state, it is necessary to meet the conditions set by law. To submit an application, contact the administration with the collected package of documents and an application. Within 30 days it will be reviewed and a decision will be made on the provision of land.

Transfer conditions

The conditions for the transfer are set out in Art. 24 Land Code of the Russian Federation:

1. The land must be used for the purpose specified in the agreement or other transfer documents.
2. The borrower must take measures to protect the site, adjacent forests and reservoirs.
3. Land cannot be sub-leased, used as collateral or as a contribution to the authorized capital.
4. The recipient must not allow soil fertility to deteriorate.

If there are special signs on the site (landmarks, cadastral, geodetic), then they must be preserved.

Service plots are issued for the period of concluding an employment relationship. The basis is the decision of the organization. The land must be owned by the institution.

Free provision procedure

The procedure for obtaining a plot has its own characteristics.
The citizen must submit a corresponding application to the local administration. To obtain an official allotment, documents are sent to the institution with which the employment contract has been concluded. The competent authority makes a decision on the allocation of land or refusal to do so. The applicant receives a written response to his request. The refusal must be motivated.

If an agreement on the free provision of land is concluded for less than 12 months, then it does not need to be registered. In this case, an oral agreement between the owner and the recipient is sufficient. If the period is more than a year, then you need to conclude an agreement in writing and register it with Rosreestr.

Documentation

The recipient of the land plot must prepare the following documents:

In some cases, additional documents may be required, including an act of acceptance of the transfer of buildings located on the site, protocols of disagreements, and additional agreements.

Agreement

The contract must contain the following information:

• data of both parties;
• information about the land plot, address and cadastral number;
• rights and obligations of the parties;
• force majeure circumstances;
• service life of the allotment;
• return conditions;
• list of applications;
• date and signature of the parties.

The contract must necessarily specify the conditions and mode of operation of the land plot.

Registration

Registration with Rosreestr is required for agreements concluded for a period of more than a year.
To do this, you need to contact the government agency directly or submit documents through the MFC. The recipient of the plot must pay a state fee. It is 2000 rubles. for individuals and 20,000 rubles. for organizations.

Rosreestr employees must review the application within 10 days. When a positive decision is made, the relevant information is entered into the Unified State Register. The applicant receives a certificate giving him the right to use the land.

Download the contract for free use of land

Download the application for the provision of a land plot for free, fixed-term use

Bargaining

To participate in public auctions, you must draw up an application for the provision of a plot, indicating its location, and also indicate the purpose of acquiring the territory you are interested in.

If there are no other applicants for the territory specified in your application, it will be transferred to you at the initial cost.

If there is at least one more person willing to receive your plot, you must be prepared for the fact that the price may rise significantly, otherwise you will lose the auction. The winner of the auction is the person who managed to offer the highest value for the given territory.

The winner is given a plot of land to rent for a certain period to build a house. The result of the auction is recorded in the protocol with the signatures of the organizers and the winner.

The organizers set the day of the week, place and exact time of the auction. Notices of the event are published in local paper and electronic media, strictly 30 days before the start of trading.

ATTENTION! Applications from participants are closed 5 days before the auction date. The event organizer may refuse to hold the auction, in which case he notifies all bidders 15 days before the appointed date, within a period of up to 3 days.

Procedure and grounds for termination

The contract is concluded for a certain period, which is indicated in the document.
Both parties have the right to terminate the agreement early if there are certain grounds for this. The second party to the transaction must be notified of this at least a month in advance. The landowner has the right to terminate the contract before the end of the contract term in the following cases:

• occurrence of force majeure circumstances;
• the user uses the land for other purposes;
• the recipient has violated the terms of the contract;
• user actions harm the environment;
• seizure of land for the needs of the municipality or state.

In the latter case, the user must be provided with another site with the same technical characteristics.

The borrower may terminate the agreement early if the following circumstances occur:

• Force Majeure;
• the rights of third parties are violated;
• the land was not transferred within the prescribed period;
• the owner did not provide adequate conditions for the operation of the site.

The transaction can be declared invalid.

The procedure is initiated in situations such as:

• the rights of third parties are violated;
• the landowner does not have ownership rights to the plot;
• the recipient is not a resident of Russia;
• a legal entity is registered in another country.

If a citizen using the site dies, the contract is automatically terminated. The same happens in the event of liquidation of a legal entity.

Attention! The death of the owner of the land plot does not necessarily lead to termination of the contract. The heirs and legal successors of the former owner can act as landowners.

List of documents

First of all, you must draw up and submit applications for state registration. registration of land rights .

The application must indicate how you plan to use the land property, the area you plan to occupy and the location, and the legal status of the site.

The village council will consider your application within the specified period. Within a period of up to 10 working days, the village council will make a decision on granting or refusing you a plot.

Local residents can receive land on preferential terms, on a first-come, first-served basis. The cost of a plot often depends on how it will be used by the owner and location. For preferential purchase the following documents are required:

• Passport.
• A document proving membership in a preferential category of citizens.
• Consent of the guardianship authorities if the family has many children.
• Certificate of work experience for military personnel and police officers.
• Documents of the structure built on the site.
• Boundary documents (i.e. documents defining the boundaries and process of registration of a land plot on the ground) for the site. Surveying is not mandatory.
• Cadastral documents.

For purchase without benefits, the list of documents below may differ:

1. A written, signed statement.
2. Passport.
3. Cadastral passport.
4. Documents for the land itself and the buildings on it.
5. Additional documents confirming the right to purchase.

To purchase property, a purchase and sale agreement is drawn up in 3 copies.

IMPORTANT! Samples of purchase and sale agreements differ depending on the objects located on the site or their absence.

Questions from our readers

What are the differences between free use and rent?
Lease and free use are different types of transactions. In the first case, the owner of the plot can receive payment for the use of the land, in the second this is strictly prohibited.

The tenant can sublease the land. The borrower has the right to purchase the land. In case of gratuitous use, only the owner of the property can act as the landowner.

Is it possible to get a plot of individual housing construction for free use?

In accordance with Art. 39.10 of the Land Code of the Russian Federation, a land plot is provided to citizens for individual housing construction, peasant farming or running personal subsidiary plots for use for no more than 6 years in municipalities determined by the law of the constituent entity of the Russian Federation.

The allotment may be given to non-profit organizations created by individuals for the construction of housing in cases provided for by regulations.

individual housing construction

Instructions for purchasing a plot for individual housing construction:

1. Drawing up an application that indicates the purpose of the acquisition (for individual housing construction), what area and location you want.
2. Next, the application for refusal or grant is considered.
3. If you live in this region\village\town\village, your right to receive land is a priority.
4. If you do not have the opportunity and/or desire to wait in line, you are allowed to buy it
5. The final results of the decision of the cadres. The services provide you with land property at your complete disposal.

Underwater rocks

Citizens may encounter the following problems:

• The land user has a pre-emptive right to prolong the contract. If a new applicant for a plot appears, a citizen or organization can try to resolve the issue with the administration or go to court to extend the agreement.
• The forced acquisition of land can be initiated by the owner ahead of schedule if there are compelling reasons or force majeure circumstances. In the latter case, the contract is considered automatically terminated by agreement of the parties.
• The right to use a service area is retained by a citizen if he has retired due to disability due to injuries received at work. Land cannot be taken from disabled spouses or parents of a deceased user. Minor children have the right to a plot until they reach 18 years of age.