According to the law of the Russian Federation, landowners are taxed for the use of land, and all information about them is mandatory entered into the state register - cadastre.
One of the cadastral registration tools is land surveying - detailed engineering and geodetic work to determine clear boundaries. The cost of such a service starts from 5 thousand rubles.
To reduce time and cost, we are considering purchasing a plot without land surveying - clearly fixing the location of the boundaries on the ground.
Is it possible to buy?
If ownership of a plot is registered, the owner can sell it and take other actions.
To complete the transaction and enter data into Rosreestr, no additional documents are required if both parties agree and there are no claims from third parties.
At the moment, according to the law of the Russian Federation, it is possible to purchase a plot without land surveying.
However, the procedure itself is strongly recommended both by the state and by realtors and lawyers, so today the number of such transactions is declining. New plots are difficult to register or sell, but there are also many owners who received land for use many years ago.
Brief information. Until 2006, in Russia, all land was necessarily surveyed, including dacha cooperatives and plots for development by private and legal entities. Then Federal Law No. 93 was adopted, which was called the “Dacha Amnesty.” After this, landowners were freed from mandatory land surveying if the construction of large buildings was not planned.
Such plots are entered into the cadastral register on a general basis and are assigned an identification number. Data registration is a mandatory procedure to secure ownership. Such objects are entered into the Unified State Register of Real Estate with the mark “without clear boundaries.”
Today, the possibility of purchase and sale remains, although there is talk of canceling the “Dacha Amnesty” and introducing mandatory land surveying. This is due to the increased demand for land and the increase in private construction.
What actions are available with a site without land surveying?
Is it possible to sell a plot of land without land surveying? A land plot registered in the cadastral register, in accordance with the norms of the Federal Law on the State Real Estate Cadastre (GKN), dated July 24, 2007 No. 221-FZ, is allowed for a number of civil actions, regardless of the availability of documentation for land surveying.
Among the civil relations that are allowed with such an allotment:
- purchase and sale, barter, donation;
- inheritance;
- rental;
- re-registration of ownership.
Such a wide range of procedures with a plot is allowed due to the provisions of the Law “On Dacha Amnesty”, which simplified the procedure for registering plots.
This document was valid until 2015.
Currently, it continues to be applied in some regions, on the basis of extension through the adoption of regional or local acts.
At the same time, some regions have abolished the “dacha amnesty” and are demanding the restoration of order in the land masses.
IMPORTANT! Regardless of the position of the administration of the locality, a property transaction with a plot that has not undergone land surveying should not encounter legal obstacles.
However, these transactions tend to involve risk, which is entirely the responsibility of the copyright holder.
Who can buy?
Cadastral registration is a prerequisite for conducting any transactions, but this can be done without geodetic work.
Transactions of this kind are available to both individuals and legal entities if certain conditions are met.
First of all, this concerns a general agreement and a clear understanding for what purposes the land is used.
The owner - a private or legal entity - can sell his plot on a general basis if there is an official certificate of confirmation of ownership or an extract from the Unified State Register in its absence. To do this, it is not necessary to delineate the land.
The buyer, in turn, can also buy land without restrictions if he is aware of further risks and restrictions and agrees to them.
In the following situations, land surveying is required:
- Changing the boundaries of a land plot, primarily increasing.
- Disputes with neighbors arise.
- Division into shares for subsequent sale in parts.
If land surveying is not carried out, the new owner will have to do it at his own expense, and disputes with neighbors are often resolved only in court.
How land surveying is carried out in 2022
To carry out land surveying, you need to call a cadastral engineer. After measuring the area using satellite equipment, the coordinates of the turning points will be established. By connecting them with lines, the engineer will get precise boundaries. Next, the owner notifies the owners of adjacent plots about the procedure being carried out and invites them to a meeting. In the presence of interested parties, the cadastral engineer shows how the boundaries are and draws up an agreement, which, if there are no objections, is signed by the owner and the neighbors. Next, a boundary plan is drawn up and sent to Rosreestr, where it is registered and the information about the boundaries is entered into the information about the site. Coordinates must be indicated.
Land marking will be required not only during the initial determination of boundaries. You will have to resort to the help of a cadastral engineer when dividing, merging, redistributing land plots, as well as if you want to buy part of the land from the municipality. On the contrary, if the boundaries have already been clarified, but the boundary signs were lost for some reason, there is no need to repeat the procedure. The cadastral engineer will check the coordinates of the turning points in Rosreestr, use satellite equipment to determine their location on the site and restore the lost boundaries. A full overview of changes to the land surveying rules can be read in this article.
Instructions for acquiring land
You must first prepare documents for the land.
The owner must have:
- certificate of state registration,
- cadastral passport, or only an extract from the Unified State Register, which includes information about the owner and cadastral data.
If the cadastral passport contains a note “no clear boundaries,” then land surveying was not carried out. Such plots used to be often sold in gardening partnerships and dacha cooperatives.
Now the status of the land is changing, but the old problems remain. The transaction is simplified by the opportunity to obtain an extract from the Unified State Register at the MFC, and today the electronic portal of the State Services is actively developing.
In addition to the above, the following documents will also be required:
- Statement from both sides.
- Sales and purchase agreement (3 copies).
- Receipt for payment of state duty.
Interesting! The seller will not be required to provide a separate boundary plan if the buyer agrees to all the terms.
To formalize a purchase and sale transaction, a standard agreement is drawn up. It is subsequently signed by the parties to the transaction. By agreement, a deposit is transferred, after which the documents are sent for registration to Rosreestr.
After signing the papers at the organization, the buyer transfers the money. If part of the amount is mortgage funds, then the money will be received by the seller only after the rights of the new owner are registered. At the end of the procedure, the new owner is given a fresh extract from the Unified State Register of Real Estate.
Features of land donation
A land plot is classified as real estate (Article 130 of the Civil Code of the Russian Federation).
It can be divided between several owners in two ways:
- With the definition of shares in ownership. In fact, the territory is not assigned to the owners; they determine the features of use independently. The size of the shares is determined by them. If it is not defined, it is assumed that the right of ownership belongs to everyone in equal shares.
- With the determination of the procedure for using shares (part) of the site. An agreement or a court decision determines not only the share in property rights, but also a specific territory - clearly establishing boundaries for the owners.
You can donate both a share in the property right and a part of the land. In the first case, it is enough to simply draw up a deed of gift (hereinafter referred to as DD), in the second - first allocate a share (define the territory), then draw up a deed of gift.
Important! If the plot is jointly owned without allocation, it belongs to the owners on equal rights, conditionally divided 50/50. To make a gift, you must first allocate a share by agreement or through the court, and only after that draw up a DD.
Donation of a share of land and a residential building
According to Art. 35 of the Land Code of the Russian Federation, alienation of land without buildings located on it is not allowed. If the donated territory is defined, and a house is located on it, the deed of gift is drawn up for it as well.
When donating a share in the property right, the share in the buildings built on the site is also alienated. For example, if ½ is transferred, then the donee will be able to use the property with the second owner on equal rights.
Another confirmation of the above is contained in Art. 1 of the Land Code of the Russian Federation, which speaks of the unity of fate of plots and real estate objects firmly associated with them. Separate alienation is contrary to the law.
Legal advice: if you want to donate a share of land with a house, first enter into an agreement on the procedure for using the site and premises with the second owner.
Risks
Today, the number of transactions for the sale of non-demarcated plots is decreasing.
The disadvantages include:
- Risks associated with a decrease in actual area.
- Lack of clear grounds for resolving conflict situations with neighbors (especially in villages and dacha cooperatives).
- The need to pay for geodetic work in the future from your own funds.
- Restrictions on transfer of rights, donation, inheritance, etc.
Changes in urban planning regulations impose restrictions on the use of such plots. Any buildings must have a certain setback from the border.
Accordingly, geodetic work is mandatory. On undemarcated land, the legality of any buildings remains in question. Neighbors can go to court with various claims and they will have grounds for a decision in their favor.
When purchasing a plot with a ready-made barn or bathhouse, the new owner may be faced with a situation where he will be required to demolish the building. This also includes situations with placing a fence, planting trees, etc.
The next serious problem is the restriction on the transfer of rights, donation or inheritance.
To minimize risks, you should adhere to the following recommendations:
- Check the land allotment through Rosreestr, using the electronic version on the website or by contacting the MFC.
- Receive an extract from the Unified State Register of Real Estate with detailed information about the owner to eliminate possible fraud.
- Invite a notary to draw up a purchase and sale agreement to accurately secure the transfer of ownership.
Regulatory acts
Several Federal laws were adopted on this issue :
- 122-FZ of July 21, 1997;
- 447-FZ dated December 22, 2014;
- 361-FZ of July 3, 2021.
At the moment, all clauses of these regulatory legal acts relating to mandatory land surveying have been excluded and have no legal force .
Thus, today the state does not require owners to survey their property, so many land owners do not even know about the existence of such a procedure, so it is necessary to clarify this concept.
