Grounds and reasons for granting land plots for permanent use
Let's start with the question: to whom can land plots be provided with the right of permanent, unlimited use?
Currently, the right to provide citizens with land plots on this basis has lost its legal force . However, plots issued earlier, in Soviet times, remained under the jurisdiction of the copyright holders. Despite the active policy of land privatization, many farmers chose to refuse their re-registration of ownership.
At the moment, the situation has changed due to state policy aimed at protecting the property rights of owners. A significant role was played by the fact that many copyright holders are no longer capable, due to age, of managing their plots, and it is not possible to transfer them to their heirs.
However, there are no grounds for confiscating land plots from a person who manages the land in good faith and pays land tax on time (Article 305 of the Civil Code of the Russian Federation). There was some dissonance between the legislative framework and the existing state of affairs. It is required to pay special attention to the procedure for preserving a land plot and analyze the effectiveness of measures taken on the basis of a developed, legally correct algorithm.
Today, only certain categories of managers can obtain land on the basis of permanent use . Among them:
- State and municipal authorities;
- establishment of state and municipal forms of ownership;
- state enterprises.
Accordingly, only an economic entity has the right to receive a land plot on this basis. Citizens are not allocated plots on this basis . However, the persons using them erected capital buildings and outbuildings on them, which belong to them by right of ownership (Article 269 of the Civil Code of the Russian Federation). This right guarantees the participation of buildings in property transactions, regardless of the fact that the person does not have a similar right to own land plots (Article 264 of the Civil Code of the Russian Federation).
Unregistered lands belong to the municipality. Therefore, only a capital structure belonging to the owner, but not land (clause 3 of Article 216 of the Civil Code of the Russian Federation) can participate in a property transaction. However, the legislation decided to define the area under the house as the foundation and an integral part of the house. The owner of the land, who is the administration, cannot remove the building from the property rights. But in judicial practice, cases arose when the administration cut down such areas, leaving the minimum acceptable in a given region, corresponding to the established standard. The remaining share of the land plot was alienated to the legal owner – the municipality.
That is, the alienation of rights to a residential building entails the re-registration of the land plot, which will be carried out at the discretion of the head of the local administration.
In order to avoid incidents involving the loss of property rights to part of the land plot, it should be re-registered as ownership through privatization. But such a right is given to a citizen only once. If there is a second plot, the land user has options :
- buy it at cadastral value;
- arrange a lease.
This procedure provides an opportunity to dispose of property through the participation of land in transactions along with a residential building. And also - the plot can be transferred by inheritance, allocate a share to a relative or otherwise dispose of at your discretion. The right of permanent perpetual use does not allow such property powers.
So, citizens can be provided with land plots for permanent, unlimited use due to the reasons described above. But you still need to know who will be denied.
Deadlines
The period of validity of documents is determined by the period as a result of which the documents remain legally valid . According to the existing regulations, documents must be changed, with the changes made, every 5 years .
This period is established both for carrying out audit work of state cadastral registration and for owners.
Naturally, not all owners follow this rule.
Therefore, before conducting a property transaction, it is necessary to clarify the timing of obtaining title documents .
If they have not been updated for more than 5 years, then you need to re-register . At the same time, such a document as a boundary plan does not have a statute of limitations, but to confirm it, re-registration with the entry of additional data is also required.
As for title documents, their validity remains indefinite .
Who is not provided with memory?
Land plots are not provided for permanent, unlimited use to citizens:
- when allocated by the administration;
- after the death of the copyright holder, the property is transferred to the heirs;
- when re-registering a building to buyers;
- for individual entrepreneurial activity;
- in other cases of alienation of rights.
Based on the Decree of the Government of the Russian Federation adopted in 2012, from the beginning of 2014 this type of law was completely abolished in relation to legal entities. They were ordered to re-register them as property or lease from the administration. Currently, these regulated actions are brought into compliance with legislative standards.
How to purchase land in 2021?
Since there is a moratorium on the transfer of plots in the BP to individuals, they can be purchased through a regular purchase and sale transaction or rented from the local municipality. To do this, you need to contact the administration and find out if there is a free section that is allowed to be purchased as property.
The second option, concerning large families, is to stand in line for the distribution of territories from the possessions of the municipality. This is regulated by the state support program, where families with three or more children receive plots for individual housing construction.
Step-by-step instructions for registering the right to permanent, unlimited use of a land plot
Now it’s time to describe the algorithm itself for providing a land plot for indefinite use.
If an interested person has become the purchaser of a private house on land owned by the municipality, he should write an application to the head of the administration asking for permission to register the land plot that belonged to the previous owner on a permanent use basis. The following must be attached to the application:
- Title documentation for a private house or other acquired property.
- Legal documentation in the form of a certificate of ownership of a private house.
The certificate of ownership of land for perpetual use reflects information about the cadastral and technical characteristics of the building, as well as the address of the location. This nuance serves as the legal basis for certifying a person’s right to continue using the memory. In addition, the certificate indicates that the residential building is located on a site that is at the disposal of a person on the right of permanent (indefinite) use, which determines the extension of similar civil law relations with the new owner.
The title documentation includes a property transaction agreement, which regulates the transfer of a private house into the ownership of the acquirer. In the agreement for perpetual use of a land plot (a sample can be downloaded at the end of the article), it should also be indicated that the building is located on a plot that has been transferred by the administration for perpetual use, indicating the location of the land plot and its total area. Taken together, these documents determine the property position of the owner, becoming the basis for registration of the land plot.
The administrative commission reviews the application within 1 month, after which it issues a response to the applicant in the form of an extract.
The extract is based on the legislation, which provides:
- consent to registration;
- motivated refusal.
Based on consent an administrative act , which indicates the citizen’s right to continue to use the land plot permanently, in connection with the acquisition of property rights to real estate located on the plot. An administrative act is the basis for registering a land plot in Rosreestr. It is attached to the package of documents for the purchase of a house, with which the interested person personally visits the local cadastre and cartography department, entering information about the use of the site in the records of the State Property Committee.
The procedure is limited to 21 working days or 1 calendar month.
To register the right to permanent, unlimited use of a land plot, you will need to pay a fee of 2 thousand rubles.
a certificate of ownership of land of perpetual use looks like
Primary requirements
Requirements for documents are established in accordance with existing regulations.
In particular, those documents that have been kept by citizens since the times of the Soviet Union remain valid on the territory of our country, without limitation of the statute of limitations .
They are legally capable, but only as documents of title.
In the event that a property transaction is required with land property, these documents lose their validity . For their subsequent eligibility, it will be necessary to re-register with Rosreestr.
It is very important that the old registration records match the new records entered into the state cadastre. If any changes , they must be formalized in accordance with established requirements. , acts of approval of the boundaries of the site and a boundary plan will be required .
The main requirement that determines the status of proper legal security of a site is the totality of title and title documents if all the records that are reflected in them coincide.
the size of the site can be in the direction of expansion, if such a possibility exists in accordance with the vacant lands adjacent to the site.
Legal force of old documents
As discussed earlier, old documents have legal force and are legally capable on the basis of Articles 6, 14, 17 of the Law on State Registration of Rights.
Their exchange is not required , even if they were issued before the formation of the Federal economic entity. But this provision applies only to the documentation that substantiates the emergence of property rights.
Old accounts are currently presented in a new format that suits their ease of use, where all rights to property and property objects are recorded. Therefore, all certificates of right of use must have a regulated form.
Restoration of lost documents is carried out in the office of Rosreestr, where you can apply with an application for restoration of a lost document . When entering data about a plot into cadastral records, all title documents are registered here.
Accordingly, in case of their loss, you can obtain an extract from the state cadastre , which will fully replace the lost document.
If for some reason the Rosreestr does not have the necessary data, you should look for it in the municipality archives .
To do this, you need to apply to the head of the local administration and ask for the release of archival data reflecting information about the site.
With the received extract and the attached act, which will accompany information about the site, you need to go to Rosreestr to register the site and obtain the necessary documents.
The issuance of documents and their registration must be carried out within no more than 20 working days . Receiving archived data is a paid service . Registration of land for cadastral registration is also paid by state duty .
