Land use
Municipal
Municipal services are provided by the administration of the municipal formation - Ryazan municipal district of the Ryazan region. The provision of municipal services is provided by the department of land use organization of the urban planning and property relations department of the administration of the municipal formation - Ryazan municipal district of the Ryazan region.
Municipal services are provided free of charge.
Applicants for the provision of municipal services are citizens, legal entities and individual entrepreneurs (hereinafter referred to as the Applicants, interested persons) or their authorized representatives.
To receive a municipal service, the interested person sends to the administration of the Ryazan municipal district or submits to the State Budgetary Institution RO "MFC of the Ryazan Region" an application, a list of documents in person or through a representative, by post or by e-mail in the form of electronic documents in accordance with the requirements of current legislation, including including using the Unified Portal of State and Municipal Services.
The following must be attached to the application for the provision of ownership, lease, permanent (perpetual) use and free use of land plots in municipal ownership, as well as state ownership for which is not demarcated, to citizens and legal entities without holding a tender:
— documents confirming the right to purchase a land plot without holding a tender and provided for by the list approved by Order of the Ministry of Economic Development of Russia dated January 12, 2015 No. 1 “On approval of the list of documents confirming the right of the Applicant to purchase a land plot without holding a tender,” with the exception of documents that must be submitted to the land use organization department in the order of interdepartmental information interaction;
— a document confirming the authority of the representative, if the application is submitted by a representative;
— a copy of the identity document of the Applicant (Applicants), who is an individual, or the identity of a representative of an individual or legal entity;
— a copy of a document certifying the rights (powers) of a representative of an individual or legal entity, if the application is submitted by a representative of the Applicant (Applicants);
— certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the Applicant is a foreign legal entity;
- lists of its members prepared by a non-profit organization created by citizens in the event that an application has been submitted for preliminary approval of the provision of a land plot or for the provision of a land plot for free use of the specified organization for vegetable gardening or horticulture;
— a document certifying (establishing) the Applicant’s rights to a building, structure or premises, if the right to such a building, structure or premises is not registered in the Unified State Register of Real Estate;
— a document certifying (establishing) the Applicant’s rights to the requested land plot, if the right to such land plot is not registered in the Unified State Register of Real Estate (if there are corresponding rights to the land plot);
— a message from the Applicant (Applicants), containing a list of all buildings and structures located on the requested land plot, indicating cadastral (conditional, inventory) numbers and address landmarks of buildings, structures owned by the relevant right to the Applicant;
— consent to the processing of personal data (link).
The result of providing municipal services is:
— sending (issuing) to the applicant a draft agreement for the sale or lease of a land plot, an agreement for the gratuitous use of a land plot;
— sending the applicant a certified copy of the resolution on the provision of a land plot for permanent (indefinite) use;
— refusal to provide a land plot;
— preliminary approval of the provision of a land plot;
— refusal of preliminary approval for the provision of a land plot.
Providing ownership, lease, permanent (indefinite) use, gratuitous use of a land plot that is in municipal ownership, as well as state ownership for which is not demarcated to citizens and legal entities without holding a tender, is carried out within a period not exceeding 30 calendar days from the date of registration in administration of a written application from an interested person for the provision of a municipal service.
The period from the date of receipt of the application for preliminary approval of the provision of a land plot to the day of the decision on preliminary approval of the provision of a land plot or refusal to provide a land plot and its direction (issuance) to the Applicant is 30 calendar days.
When sending an application and documents necessary for the provision of a municipal service by mail, the period for providing a municipal service is calculated from the day the administration receives the application and documents necessary for the provision of a municipal service (based on the date of registration of the application).
Deadlines for individual administrative procedures:
1. Reception and registration of the application and documents necessary for the provision of municipal services - 45 minutes;
2. Review of submitted documents - within 3 days (10 days upon receipt of an application for preliminary approval of the provision of a land plot);
3. Interdepartmental information interaction – no more than 7 days, and in case of sending a repeated request – no more than 13 days;
4. Making a decision on preliminary approval of the provision of a land plot - no more than 30 days from the date of receipt of the application;
5. Preparation of a resolution and agreement on the purchase and sale, provision of lease or permanent (indefinite) use of land plots that are in municipal ownership or state ownership of which is not demarcated, or a decision to refuse to provide a land plot - no more than 30 days from the date receipt of an application;
6. Issuance (sending) to the applicant of the result of the provision of municipal services - within 1 working day.
Consent form for the processing of personal data
1) for persons who are the owners of buildings, structures, premises in them (provided for in subparagraph 1 of paragraph 2 of the Administrative Regulations):a) a document identifying the applicant(s), who is an individual, or the identity of a representative of an individual or legal entity;
b) a document certifying the rights (powers) of a representative of an individual or legal entity, if the application is submitted by a representative of the applicant (applicants);
c) a document certifying (establishing) the applicant’s rights to a building, structure or premises, if the right to such a building, structure or premises is not registered in the Unified State Register of Real Estate (hereinafter referred to as the EGRN);
d) documents certifying (establishing) the applicant’s rights to the requested land plot, if the right to such land plot is not registered in the Unified State Register of Real Estate (if there are corresponding rights to the land plot);
e) a message from the applicant (applicants), containing a list of all buildings and structures located on the requested land plot, indicating the cadastral (conditional, inventory) numbers and address landmarks of buildings, structures owned by the relevant right of the applicant;
f) certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state (if the applicant is a foreign legal entity);
g) an agreement of all rights holders of a building, structure or premises in them, or a court decision to determine the amount of obligation under a lease agreement for a land plot with a plurality of persons on the lessee’s side, if the buildings, structures, premises in them are located on the land plot in respect of which the application is filed on the acquisition of rights belong to several persons (in the case of determining the size of the obligation under a lease agreement for a land plot with a plurality of persons on the lessee’s side, it is carried out disproportionately to the shares in the right to the building, structure or premises in them by agreement of all right holders of the building, structure or premises in them or by court decision);
h) a court decision on demolition, bringing into compliance with the maximum parameters of permitted construction, reconstruction of capital construction projects, if this decision was made in relation to capital construction projects located on the requested land plot, owned by the relevant right of the applicant;
2) for persons who are owners of unfinished construction projects (provided for in subparagraph 2 of paragraph 2 of the Administrative Regulations):
a) a document identifying the applicant(s), who is an individual, or the identity of a representative of an individual or legal entity;
b) a document certifying the rights (powers) of a representative of an individual or legal entity, if the application is submitted by a representative of the applicant (applicants);
c) a document certifying (establishing) the applicant’s rights to an unfinished construction project, if the right to such an unfinished construction project is not registered in the Unified State Register of Real Estate;
d) a message from the applicant (applicants), containing a list of all buildings, structures, unfinished construction objects located on the requested land plot, indicating the cadastral (conditional, inventory) numbers and address landmarks of buildings, structures, unfinished construction objects owned by the appropriate right to the applicant ;
e) a court decision on demolition, bringing into compliance with the maximum parameters of permitted construction, reconstruction of capital construction projects, if this decision was made in relation to capital construction projects located on the requested land plot, owned by the relevant right of the applicant;
3) for legal entities using land plots on the right of permanent (perpetual) use (provided for in subparagraph 3 of paragraph 2 of the Administrative Regulations):
a) an identification document of a representative of a legal entity;
b) a document certifying the rights (powers) of a legal entity;
c) a document certifying (establishing) the applicant’s rights to the requested land plot, if the right to such land plot is not registered in the Unified State Register of Real Estate;
application for termination of the right to permanent (indefinite) use of a land plot in the form given in Appendix 4 to the Administrative Regulations.
Service
Applicants have the right to appeal decisions and actions (inaction) of the management, management official or municipal employee, MFC, MFC employee, as well as organizations provided for in part 1.1 of Article 16 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services" (hereinafter referred to as the involved organizations), or their employees in a pre-trial manner. The applicant may file a complaint, including in the following cases: - violation of the deadline for registering a request for the provision of a municipal service, a complex request; — violation of the deadline for the provision of municipal services. In this case, a pre-trial (out-of-court) appeal by the applicant against the decisions and actions (inaction) of the MFC, an employee of the MFC is possible if the MFC, whose decisions and actions (inaction) are being appealed, is entrusted with the function of providing municipal services in full in the manner specified in part 1.3 Article 16 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”; - requesting from the applicant documents or information or carrying out actions, the presentation or implementation of which is not provided for by the regulatory legal acts of the Russian Federation, regulatory legal acts of the Voronezh region, regulatory legal acts of local government bodies of the urban district of the city of Voronezh for the provision of municipal services; - refusal to accept documents, the submission of which is provided for by regulatory legal acts of the Russian Federation, regulatory legal acts of the Voronezh region, regulatory legal acts of local government bodies of the Voronezh city district for the provision of municipal services, from the applicant; — refusal to provide a municipal service, if the grounds for refusal are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the Voronezh region, regulatory legal acts of local government bodies of the Voronezh urban district. In this case, a pre-trial (out-of-court) appeal by the applicant against the decisions and actions (inaction) of the MFC, an employee of the MFC is possible if the MFC, whose decisions and actions (inaction) are being appealed, is entrusted with the function of providing municipal services in full in the manner specified in part 1.3 Article 16 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”; — requesting from the applicant, when providing a municipal service, a fee not provided for by the regulatory legal acts of the Russian Federation, the regulatory legal acts of the Voronezh region, and the regulatory legal acts of local government bodies of the Voronezh urban district; - refusal of the management, management official, MFC, MFC employee, involved organizations or their employees to correct typos and errors made by them in the documents issued as a result of the provision of municipal services, or violation of the established deadline for such corrections. In this case, a pre-trial (out-of-court) appeal by the applicant against the decisions and actions (inaction) of the MFC, an employee of the MFC is possible if the MFC, whose decisions and actions (inaction) are being appealed, is entrusted with the function of providing municipal services in full in the manner specified in part 1.3 Article 16 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”; — violation of the deadline or procedure for issuing documents based on the results of the provision of municipal services; — suspension of the provision of municipal services, if the grounds for suspension are not provided for by federal laws and other regulatory legal acts of the Russian Federation adopted in accordance with them, laws and other regulatory legal acts of the Voronezh region, municipal legal acts of local government bodies of the Voronezh urban district. In this case, a pre-trial (out-of-court) appeal by the applicant against the decisions and actions (inaction) of the MFC, an employee of the MFC is possible if the MFC, whose decisions and actions (inaction) are being appealed, is entrusted with the function of providing municipal services in full in the manner specified in part 1.3 Article 16 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services”; - a requirement from the applicant when providing a municipal service for documents or information, the absence and (or) unreliability of which was not indicated during the initial refusal to accept documents necessary for the provision of a municipal service, or in the provision of a municipal service, except for the cases provided for in paragraph 4 of part 1 of the article 7 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services.” In this case, a pre-trial (out-of-court) appeal by the applicant against the decisions and actions (inaction) of the MFC, an employee of the MFC is possible if the MFC, whose decisions and actions (inaction) are being appealed, is entrusted with the function of providing municipal services in full in the manner specified in part 1.3 of Article 16 of the Federal Law of July 27, 2010 N 210-FZ “On the organization of the provision of state and municipal services.” Complainants have the right to receive information necessary to substantiate and consider the complaint. There are no grounds for refusing to consider the complaint. The basis for starting the pre-trial (out-of-court) appeal procedure is the received complaint. A complaint about decisions and actions (inaction) of a department, a department official, a municipal employee, or the head of a department can be sent by mail, through the MFC, using the Internet information and telecommunications network, including the Unified Portal of State and Municipal Services (functions) or the Portal of the Voronezh Region on the Internet, the official website of the administration of the Voronezh city district, and can also be accepted upon personal reception of the applicant. A complaint about decisions and actions (inaction) of the MFC, an MFC employee can be sent by mail, using the Internet information and telecommunications network, including the official website of the MFC, the Unified Portal of state and municipal services (functions) or the Voronezh Region Portal on the Internet Internet, and can also be accepted upon personal reception of the applicant. A complaint about the decisions and actions (inaction) of the involved organizations, as well as their employees, can be sent by mail, using the information and telecommunications network "Internet", including the official websites of these organizations, the Unified Portal of state and municipal services (functions) or the Portal Voronezh region on the Internet, and can also be accepted upon personal reception of the applicant. The complaint must contain: - the name of the department, department official or municipal employee, MFC, its manager and (or) employee, involved organizations, their managers and (or) employees, whose decisions and actions (inactions) are being appealed; - last name, first name, patronymic (the latter - if available), information about the place of residence of the applicant - an individual or name, information about the location of the applicant - a legal entity, as well as contact telephone number (numbers), email address (addresses) (if availability) and postal address to which the response should be sent to the applicant; — information about the appealed decisions and actions (inaction) of the management, management official or municipal employee, MFC, MFC employee, involved organizations, their employees; - arguments on the basis of which the applicant does not agree with the decision and action (inaction) of the management, management official or municipal employee, MFC, MFC employee, involved organizations, their employees. The applicant may submit documents (if any) confirming the applicant’s arguments, or copies thereof. Complaints about the decisions and actions (inaction) of the head of the department are submitted to the administration of the urban district of the city of Voronezh, the Office of the Federal Antimonopoly Service for the Voronezh Region. The applicant can appeal the decisions and actions (inaction) of officials, municipal employees of the department: - to the head of the department; — First Deputy Head of Administration for Strategic Planning, Economics and Finance; - Head of the Voronezh urban district. The officials specified in this paragraph conduct personal reception of applicants. Personal reception by officials is carried out by appointment. Registration of applicants is made in person or using telephone communications using phone numbers that are posted on the official website of the administration of the Voronezh city district on the Internet, on information stands. The specialist who registers applicants for a personal appointment informs the applicant about the date, time, place of appointment, position, surname, first name and patronymic of the official conducting the appointment. Complaints about decisions and actions (inaction) of an MFC employee are submitted to the head of this MFC. Complaints about decisions and actions (inaction) of the MFC are submitted to the department of digital development of the Voronezh region or to an official authorized by the regulatory legal act of the Voronezh region. Complaints about decisions and actions (inaction) of employees of involved organizations are submitted to the heads of these organizations. Based on the results of consideration of the complaint by the person authorized to consider it, one of the following decisions is made: 1) the complaint is satisfied, including in the form of canceling the decision, correcting typos and errors in the documents issued as a result of the provision of municipal services, returning funds to the applicant, charging which are not provided for by regulatory legal acts of the Russian Federation, regulatory legal acts of the Voronezh region, regulatory legal acts of local government bodies of the urban district of the city of Voronezh, as well as in other forms; 2) refuses to satisfy the complaint. A complaint received by the administration of the city district of Voronezh or by the management, MFC, department of digital development of the Voronezh region, or involved organizations is subject to consideration within 15 working days from the date of its registration, and in the event of an appeal against the refusal of management, the MFC, involved organizations in accepting documents from the applicant either in correcting typos and errors or in case of appealing a violation of the established deadline for such corrections - within 5 working days from the date of its registration. No later than 1 business day following the day the decision was made, specified in paragraph 5.9 of these Administrative Regulations, a reasoned response on the results of consideration of the complaint is sent to the applicant in writing and, at the request of the applicant, in electronic form. If the complaint is recognized as subject to satisfaction, the response to the applicant specified in paragraph 5.11 of these Administrative Regulations provides information on the actions taken by the administration of the Voronezh urban district, the department, the MFC, and involved organizations in order to immediately eliminate identified violations in the provision of municipal services, and also brings an apology for the inconvenience caused and information about further actions that need to be taken by the applicant in order to receive municipal services. If the complaint is recognized as not subject to satisfaction, the response to the applicant specified in paragraph 5.11 of these Administrative Regulations provides reasoned explanations about the reasons for the decision, as well as information about the procedure for appealing the decision. If, during or as a result of consideration of a complaint, signs of an administrative offense or crime are established, the official empowered to consider complaints immediately forwards the available materials to the prosecutor's office.
How to get a plot of land without bidding
Home / Area of activity / Land and urban planning issues / Urban planning and architecture / Purchase a land plot / How to obtain a land plot without bidding
The sale of land plots without auction is carried out in the cases provided for in paragraph 2 of Article 39.3 of the Land Code of the Russian Federation.
A lease agreement for a land plot located in state or municipal ownership is concluded without holding a tender in the cases provided for in paragraph 2 of Article 39.6 of the Land Code of the Russian Federation.
Algorithm of actions:
1. The applicant prepares a layout diagram of the land plot on the cadastral plan of the territory. The form of the layout of the land plot on the cadastral plan of the territory was approved by order of the Ministry of Economic Development of the Russian Federation dated November 27, 2014 No. 762.
2. Applies to the Penza city administration with an application for preliminary approval of the provision of a land plot. The application is accompanied by a diagram of the location of the land plot on the cadastral plan of the territory, if the requested land plot is to be formed and there is no project for surveying the territory within the boundaries of which such a land plot is to be formed.
The administrative regulations for the provision of municipal services, approved by Resolution of the Penza city administration dated June 28, 2019 No. 1166/1, establishes the procedure and standard for the provision of municipal services, determines the timing and sequence of administrative procedures (actions) of the Penza city administration in the provision of municipal services.
3. The administration of the city of Penza, upon receipt of an application within a period not exceeding 30 days, performs one of the following actions:
3.1. makes a decision on the preliminary approval of the provision of a land plot in the manner established by Article 39.15 of the Land Code of the Russian Federation, if the land plot is to be formed or the boundaries of the land plot are subject to clarification in accordance with the Federal Law “On State Registration of Real Estate”;
3.2. makes a decision to refuse preliminary approval for the provision of a land plot or to refuse to provide a land plot in accordance with paragraph 8 of Article 39.15 or Article 39.16 of the Land Code of the Russian Federation.
4. The applicant ensures the implementation of cadastral work for the purpose of state cadastral registration of a land plot and applies for state cadastral registration of such a land plot.
5. The applicant applies to the Penza city administration with an application for the provision of a land plot. Based on this application, a purchase and sale agreement or a land lease agreement is concluded.
Additionally, we inform you that the interested person can submit a corresponding application to the “One Window” reception of the Penza city administration, located at the address: Penza, pl. Marshala Zhukova, 4 (office hours: Monday, Tuesday, Thursday, Friday: from 9:00 to 17:00, break from 13.00 to 14.00), as well as to the multifunctional center for the provision of state and municipal services, located at the address: Penza , st. Shmidta, 4, Pobeda Ave., 150, st. Bogdanova, 63A and st. Factory, 2.
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The Supreme Court explained the nuances of granting ownership of a plot without bidding
The Supreme Court, in Ruling No. 46-CAD21-18-K6 dated November 17, examined whether it was possible to provide ownership of municipal land plots without bidding to a lessor who had erected warehouses on it and planned to increase their area in case of production need.
On July 22, 2021, the administration of the Kinelsky municipal district of the Samara region and the head of the peasant farm entered into a lease agreement for an agricultural land plot for 10 years. The parties registered the agreement with the Rosreestr Office for the Samara Region. On October 17, 2021, with the consent of the landlord, an agreement was concluded on the transfer of the rights and obligations of the tenant under the lease agreement between the entrepreneur and Maxim Kuptsov. The agreement was also registered with Rosreestr.
Later, the administration issued a construction permit to Maxim Kuptsov, and he built four warehouses for storing agricultural products, which were put into operation. The ownership of real estate is also registered in accordance with the procedure established by law.
On October 10, 2021, Maxim Kuptsov contacted the administration with an application to conclude a purchase and sale agreement for the plot without holding a tender. The administration refused him with reference to paragraph 2 of Art. 20 Law of the Samara Region dated March 1, 2005 No. 94-GD “On Land”, paragraph 6 of Art. 11.9 Land Code, Art. 15 and 16 of the Law on Protection of Competition.
Then Maxim Kuptsov appealed to the Kinelsky District Court of the Samara Region with an administrative claim to recognize the refusal decision as illegal. Satisfying the requirements, the court pointed to the conclusions of the urban planning feasibility study on the features of the existing road network, the possibilities of vehicle access, loading and unloading operations and transportation of feed, technological connection to existing utility networks, as well as compliance with the requirements of technological standards, fire safety and sanitary-epidemiological safety rules, pointed out the possibility of increasing the warehouse area in the future in case of production need and satisfied the claim.
However, the appellate court considered that the case materials lacked evidence of the need to use the land plot with an area of 40,892 square meters. m for the operation of four warehouses with a total area of 59.6 sq. m, and refused the claim.
When the cassation court upheld the first instance decision, the administration appealed to the Supreme Court. The Supreme Court considered that the appeal gave a correct critical assessment of the urban planning justification presented in the case for the use of a land plot for the operation of warehouses, since it contains conclusions about the need to use the land plot not only for the operation of these facilities, but also for designing a levada for grazing and feeding farm animals, which does not correspond to the purposes of providing the land plot and contradicts the type of permitted use of this plot for the construction of buildings and structures used for the production, storage and primary processing of agricultural products. Also, the Supreme Court considered that the conclusions of the appellate court were justified that the indication in the urban planning justification of the need to develop a recreation area for employees, a green area and a waste dump area does not indicate that the area of the land plot is commensurate with the area required for the operation of warehouses.
The Supreme Court indicated that the approach of the cassation court contradicts the current regulatory framework, which provides for the exclusive right to acquire a land plot by the owner of a property located on this site, the ownership of which is registered in the prescribed manner on the date of consideration of the issue of providing the land plot.
