There are no problems when purchasing land plots owned by private or legal entities. With municipal land everything is different. It will cost much less, or even free. But you will have to face a number of difficulties and spend much more time.
In 2015, a new Land Code was approved, containing almost 300 pages. It describes the procedure for purchasing land from the state at cadastral value, as well as free transfer of land into ownership. But it is only possible to buy a plot of land with clearly defined boundaries, and state lands do not have a land survey plan and are not registered in the cadastral register. Therefore, all necessary work will be required.
Is it possible to buy land from the state legally?
All territory within state borders belongs to some entities. These can be private individuals (citizens and organizations), municipalities, government bodies and other entities.
The basic rules governing the purchase of plots are contained in the Land Code of the Russian Federation. These provisions are supplemented by acts of local governments, government regulations and other regulatory documents.
All territories are divided according to functional purpose. A citizen or private organization will not be able to purchase a plot if it belongs to the category of reserve land, forest fund or specially protected sites.
When submitting an application, a citizen must indicate what he intends to use the site for. For example, for building your own house or for gardening.
Cases of buying out plots that are used by citizens on other grounds are common. For example, if a citizen with 3 or more children applies.
In this case, you can buy land from the state according to a simplified scheme:
- a package of documents is formed (copy of marriage certificate, copy of children’s birth certificates, etc.);
- an application is submitted to the municipal administration at the place of registration;
- the property department makes a decision on the provision of the site;
- a contract for the transfer of real estate is drawn up;
- Registration of property rights is carried out in Rosreestr.
The specific procedure and timing for the implementation of the transfer of land are established by the subjects of the federation on the basis of clause 6 of part 1 of Article 39.5 of the Land Code of the Russian Federation. This case does not involve bidding on the basis of this clause.
The nuances of purchasing land plots at auctions
Sometimes buyers make big mistakes when purchasing land at auction. Some, due to their inexperience, others, chasing cheapness (there were cases when plots were purchased at auction 200-300% cheaper than on the market).
What subtleties need to be taken into account when making a deal?
- Don’t be lazy and drive around on your own, visually inspect the area for ditches, ditches, and hills;
- Study the environment, if there are burial grounds or a swamp nearby - this greatly reduces the cost of the land;
- Pay attention to the cadastral value - it is tied to taxation, the higher it is, the higher the taxes will subsequently be;
- Monitor prices even before purchasing at an auction; you should carefully monitor all prices in the area where you are going to buy a plot of land for some time;
- Be sure to pay attention to the permitted use of the land - in the future you may not receive permission for construction or gardening.
Anyone can buy municipal land and register ownership of it. Before purchasing, you should carefully study the Land Code of the Russian Federation in order to fully understand the purchase procedure. When purchasing plots at auctions, it is better to find out in advance about all the advantages and disadvantages of the lot being offered, otherwise there is a possibility of acquiring illiquid property.
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How to purchase agricultural land (from the state)
Some lands are used exclusively for raising livestock, growing plants, creating gardens, conducting scientific research in these areas, etc. This means that such areas are classified as agricultural lands. On their territory there may also be roads, communications, forest hunting grounds, etc.
The purchase and sale of such plots is carried out according to the rules established in Law No. 101-FZ of July 24, 2002 “On the turnover of agricultural land.” This document refers us to the Land Code of the Russian Federation, which describes methods for acquiring any plot.
Therefore, it is possible to buy agricultural land from our state on a general basis.
Only strictly defined subjects can do this:
- Cossack societies;
- companies engaged in the production of agricultural products (for example, cooperatives);
- peasant farm;
- experimental and scientific centers;
- communities of small peoples.
To purchase such a plot of land, you need to create an appropriate organization.
The interested party sends a request to the municipal authority with the necessary documents attached. The appeal is considered within 2 months. During this period, the possibility of sale is analyzed, land surveying and cadastral registration are carried out, and conditions for connecting to communications are developed. After this, an auction is scheduled.
If there are others willing to purchase the land, then an auction will take place. The plot will be sold to the highest bidder. If there are no other participants, then a purchase and sale agreement will be concluded with the applicant.
Who has advantages and benefits when purchasing land from the state?
Before purchasing land, a potential buyer must determine exactly for what purposes it will be used. If the site is purchased and subsequently abandoned, it will be seized for the benefit of the country.
In what cases does the applicant have an advantage when purchasing:
- The tenant built any building on the territory intended for individual housing construction or private household plots and put it into operation. The purchase will cost 3% of the cadastral value if the plot is municipal, and if it belongs to urban lands - 15-20%;
- If a plot of land is purchased for construction, it can be won at auction. The initial rates are determined by the administration. In case of unsuccessful bidding (less than 2 persons), a regular purchase is made;
- The buyer is the head of a peasant farm (peasant farm) and acquires the land of a rural settlement. For him, the cost will be equal to the cadastral value or even lower;
- Comprehensive development of the territory is planned;
- On leased agricultural land, all lease terms were faithfully fulfilled for 3 or more years.
Cases when plots for individual housing construction are provided free of charge:
- A large family where all children are dependent on their parents;
- A young family that does not own land or lives on an area of less than 15 square meters. m per person;
- The buyer is a Labor Hero.
How can it be easier to purchase land from the state for individual housing construction?
You can purchase land ownership according to the following scheme:
- The interested party looks for an unoccupied area. This can be done through the Rosreestr website.
- Next, the citizen applies to the local administration with an application to provide ownership of the plot. He indicates the specific plot that he wishes to obtain ownership of, as well as the purposes for its use.
- The Real Estate Department determines what regime has been established for the use of this site. State bodies approve urban planning plans, draw up cadastral plans and maintain other land records. Most often, territories near populated areas are divided into sections on the map and have a specific purpose.
- Work to establish the possibility of selling a plot for individual housing construction is carried out within 1 month. After this, the citizen is sent a notice of refusal to sell the land or of the appointment of an auction.
A citizen will be denied an auction if:
- the plot is provided to another person for unlimited use,
- assigned to a different category of land,
- the land is not state owned;
- the site is withdrawn from circulation;
- the boundaries of the property are subject to clarification;
- there are no technical conditions for connecting to utility networks;
- the area is limited in circulation;
- this is a public area;
- a decision was made on preliminary consent to provide it;
- other reasons provided for in Article 39.11 of the Land Code of the Russian Federation.
The future auction is announced on the municipal website and in the local newspaper.
The auction is open and anyone can apply to participate. A month is allotted for this.
Next, an auction is held. Participants increase the starting price until only one person remains willing to purchase the lot. Based on the results of the auction, a purchase and sale agreement will be concluded.
If no other applications are received, then the municipal authority makes a decision to conclude a purchase and sale agreement
To buy land from the state for individual housing construction without bidding, you need to take the following steps:
- find out whether the citizen has a legal basis for this;
- send an application to the local government body and attach a package of required documents to the application;
- obtain preliminary approval for the provision of a site;
- carry out land surveying work, clarify boundaries, carry out other cadastral registration work;
- submit an application for a plot of land (do not make mistakes or typos!);
- conclude a purchase and sale agreement.
Cases of sale of land plots at auctions and without them
Article 39.3 of the Land Code of the Russian Federation provides for the possibility of acquiring municipal or state land in two ways:
- by participating in an auction;
- no bidding.
Clause 2 of this article lists situations when tendering is not required.
Participation in the auction requires compliance with certain rules:
- Bidders may be citizens of the Russian Federation who have provided the necessary documents to complete the transaction;
- All persons who managed to submit applications can participate in them;
- Each participant must confirm his solvency by making a deposit.
Persons who submitted applications after the deadline for accepting documents, who provided an incomplete package of documents, or who do not have the right to participate in bidding in certain territories will not be admitted.
The rules for conducting auctions are defined in Art. 39.11-39.13 Land Code of the Russian Federation.
The auction is preceded by the following stages:
- approval of the scheme;
- carrying out cadastral works;
- registering a plot of land for cadastral registration (read here why this procedure may be suspended or completely refused);
- connecting the allotment to utility networks;
- making a decision to hold tenders;
- publication of information about the date, place and time of the auction.
After this, bidding is carried out, a winner is selected and a contract for the sale and purchase of the land plot is concluded with him. The last stage is the publication of trading results.
If a single buyer took part in the auction and expressed a desire to purchase the lot, an agreement is concluded with him on the terms specified in the application for the auction.
Where to go to buy land
The application must be submitted to the local government authority. The documents will be reviewed by employees of the relevant property department. The decision will be issued on behalf of the management of the municipal body.
List of required documents
Purchasing a plot involves collecting some documents:
- a statement indicating information on the list established in Article 39.17 of the Land Code of the Russian Federation;
- a document confirming the right to purchase the plot without holding a tender;
- location diagram, if the property is to be highlighted in the territory plans;
- a document confirming the authority of the representative, if required;
- design documentation of forest plots, if the provision of this category of land is requested;
- certified translation of the constituent documents of a foreign organization.
If an auction is planned, the procedure is simplified. A citizen needs to submit a statement of desire to purchase a plot. When the auction is held, the applicant will present a passport and a receipt for payment of the deposit. All other documents will be prepared by employees of government agencies.
Purchase price of the memory
State land is always more attractive for purchase. This is due not only to the legal purity of the site, but also to its price. As a rule, such land is much cheaper than that of private owners.
Currently, it is possible to purchase land at the cadastral value (CV), below it, or based on the results of auctions. The latter does not require detailed description. Since the price for the plot is set by the buyer himself.
As for repurchase at a price below KS, the law establishes:
- 50% of the CS for disabled people and pensioners.
- From 20% to 60% for tenants of purchased land plots.
- 80% for redemption with a change in category or purpose of storage.
For citizens who have used the memory for more than 10 years and who own a cap. buildings on the purchased plot, the cost can be reduced to 2.5%.
Arbitrage practice
Unfortunately, in practice there are often unlawful refusals to grant ownership of land plots. An example is the case of the Altai Regional Court, considered in 2021.
The plaintiff filed a lawsuit against the Barnaul City Duma with a demand to recognize the illegal provisions of the Rules for Land Use and Development of the City District regarding the land plot classified as a sanitary protection zone.
The lawsuit states that the plaintiff used the land plot and the house built on it without permission for a long time. Previously, he appealed to the Land Resources Committee and asked to provide ownership of the land being used. However, the plaintiff received a refusal, justified by the fact that this land plot is located on the territory of the sanitary protection zone of the Northern Industrial District. According to the provisions of Russian legislation, the construction of residential buildings on the territory of such zones is prohibited.
However, the project of protective zones was not developed and the corresponding conclusion of the chief sanitary doctor of the Altai Territory was not issued. Thus, the court found that the land plot does not belong to the sanitary protection zone of the Northern Industrial Region and the provisions of the Land Use Rules are invalid. Those. the claim was satisfied. The provisions of the rules regarding the location of protective zones are not valid. And the plaintiff can re-apply to buy out the land plot and legalize the built house.
