- What documents are needed to register ownership of a land plot (land)
- Procedure and procedure for registering ownership of a land plot (land): step-by-step instructions
- Step 1: registration of land ownership
- Step 2: registration through the MFC
- How to formalize and legalize ownership of a land plot received as an inheritance: difficulties and nuances
- How to register and legalize a plot of land as a property in non-standard cases
- If the plot was purchased before 2001
- If the territory is not demarcated
- If documents are missing
- How to become the owner of rented space
- Algorithm of actions
- What to do if there is ownerless land?
- How much does registration cost?
- Where land ownership is registered and fees are paid
- What is not transferred to private property
- How to register a land plot with savings
- Let's sum it up
How to register land ownership?
It is almost impossible for an ordinary person to independently understand issues of land disputes. The necessary articles will have to be found in countless regulations, federal laws and other documents written in difficult-to-understand legal language. In order to process the entire array of information and isolate from it what will work in your particular case, you will need the help of a specialist - a lawyer working in the specified profile. This article is an attempt to systematize all available information and collect it into a detailed guide to action. Of course, you shouldn’t forget that every business is unique, and therefore don’t rush to try the advice on yourself right away.
What documents are needed to register ownership of a land plot (land)
In 2021, Federal Law No. 218 came into force, stating “On state registration of real estate” and made certain changes to the procedure. According to its main provisions, plot owners are required to register with the State Cadastre.
If you wait to complete the registration, you may no longer be able to confirm your ownership. In any case, it will definitely be more expensive and more difficult.
To select a suitable expert for documentary support of the construction of a house, we recommend using the company search in the Building Companion catalog. The profile of each contractor contains the necessary information, portfolio, reviews, and you can place a request for an estimate of the cost of the service. Find a documentary support expert »
When there are no papers at all on the site, the main arguments are one’s own explanations, as well as the words of neighboring witnesses. If the one to whom the allotment was allocated dies, there is no one to ask. All that remains is to look for a lawyer who can unravel this story.
When supporting documentation is in hand, it is easier to resolve the situation. But here a reasonable question arises: what papers should I prepare?
Standard package includes:
- application for obtaining ownership rights.
- cadastral passport.
- identification document of the owner (copy and original).
- papers confirming the acquisition of land.
Today, the Russian legal system offers three options for obtaining real estate: donation, purchase and sale transaction, inheritance. Depending on which one you choose, additional documentation is prepared (for example, a privatization act, a deed of gift, etc.).
Features of plots allocated from the category of lands of settlements
The legislation, which introduces into practice an explanation of the term “garden plot” and outlines the legal framework for its use, also contains instructions on the provisions of the city regulations , which are a direct restriction on construction work on these lands.
The existing law enforcement practice refers the land user to the PZZ approved by local self-government bodies at various levels. On the basis of these documents, in practice, construction of objects not prohibited by PZZ is carried out on garden lands.
The city regulations in force in the development area regulate construction and provide additional opportunities for construction work.
Thus, acts of some regions allow the placement of auxiliary objects not directly prohibited by law on lands for gardening:
- bathhouse
- garage
- mini-parking for your own car
The explanation in the law for the term land object with VRI “Vegetable gardening” also serves as a definition of the presence or absence of the possibility of constructing non-permanent residential and temporary ancillary facilities on the land.
A permit or a ban is issued on the basis of the existing division of the land territory into zones. Upcoming changes in legislation will introduce a total ban on the construction of housing on garden lands.
Procedure and procedure for registering ownership of a land plot (land): step-by-step instructions
During Soviet rule, the entire territory was considered state territory. To avoid desolation, it was transferred to lifetime inheritable ownership or perpetual use. An order, resolution of a municipal body or an extract from the business book are the main supporting documents. Those who have them are allowed to register in a simplified format - under a special amnesty. It applies to those plots that were allocated up to October 2001 inclusive.
If you have the necessary documentation, even if it was registered many years ago, the state agrees that you are the real owner and allows you to go through the registration procedure in an expedited manner. However, it is not always possible to resolve land disputes quickly. In some cases, people face a series of years-long legal battles.
Step 1: registration of land ownership
In a successful scenario, the algorithm for obtaining real estate is as follows:
- You come to Rosreestr (it is advisable to choose branches related to your area).
- Fill out the application, which is issued by an employee on site.
- Submit a package of documents (the list is presented above).
- You pay the state fee.
After completing the above steps, all that remains is to wait until your request is processed and come for an extract on the specified day.
Step 2: registration through the MFC
Do not think that Rosreestr is the only way to resolve the issue. You can also contact the Multifunctional Center, but first you will have to supplement the existing package of documentation with declarations for buildings that are located on the land plot.
What to do next:
- Pay the state fee at the cashier.
- Fill out the application issued by an employee of the organization.
- Receive a certificate receipt.
Wait until the confirmation certificate is ready and come for it on the appointed day.
How to register and legalize a plot of land as a property in non-standard cases
When you have all the supporting certificates and documents on hand, registering your right to own a plot of land is not difficult. However, this is not always the case.
The fact is that after the collapse of the Soviet Union, active distribution of shares for general use began. But this practice was new: previously all the land had been nationalized, so there was no strict registration procedure. Echoes of disorganization and thoughtlessness are especially audible today, when many owners encounter problems when registering according to new accounting rules.
Below you will find a selection of instructions on how to act in atypical situations. For example, when the necessary documentation is missing or the former owner of the land has died, and his relatives have to defend their right to inheritance.
If the plot was purchased before 2001
In two thousand and one, amendments to land legislation came into force. If the purchase of the plot took place earlier, but you still did not have time to draw up the owner’s documents, then before contacting the Multifunctional Center, you will have to submit an application for the creation of a cadastral passport. This can be done at the branch of the relevant service - just fill out the application form, pay the state fee and the employee’s services.
Important: the procedure is allowed to be carried out only in those areas where land surveying has already been completed.
The passport issuance period is ten working days. However, in some regions this time may be increased due to the workload of registrars.
If the territory is not demarcated
Land surveying is the determination of the boundaries of an allotment by regulatory documents. It does not involve disputes with neighbors; it is necessary in order to formalize a land plot and register the owner’s right.
If demarcation has not been carried out previously, you should order the service as soon as possible. This can be done at any organization specializing in land management work.
To draw up a boundary plan (MP), a company employee:
- collects and analyzes geodesy data, correlates them with a map of the area.
- creates markup with a detailed description.
- marks communications and other objects on it.
- draws up the MP in accordance with established norms and rules.
Completion of the procedure is impossible without transferring the drawn up plan, a copy of the passport, as well as papers confirming the status of the owner to the Cadastral Chamber. In practice, all this takes about six months.
If documents are missing
The most common problem faced by future owners. In this case, the algorithm of actions looks like this:
- You find evidence that the land was indeed accepted for indefinite use.
- Collect the necessary papers for the trial. Those that are able to confirm the fact of transmission are selected. As a rule, this is the longest stage in the case.
- Prepare a statement of claim.
- You win in court. Standard questions are considered within a couple of months from the date of application, but if difficulties arise, the period may increase.
- Register the status of the owner in Rosreestr. The judge recognizes the corresponding right for you, but a separate body is involved in its registration. He also issues the extracts necessary for the Unified State Register.
Important: without a certificate from the Unified State Register of Real Estate, you cannot be considered the official owner.
How to become the owner of rented space
In accordance with the new Land Legislation, citizens of the Russian Federation have the right to formalize ownership even of those plots that have been handed over (both urgently and indefinitely). And if the territory was allocated back in the Soviet Union and used for housing construction, all registration procedures can be carried out free of charge.
In what cases is it possible to take advantage of:
- If you have built a country house and become its owner. This also includes garages, bathhouses and outbuildings.
- When the construction was put into operation.
- Upon enrollment as a member of a horticultural or vegetable cooperative.
Until the end of 2021, this procedure is being implemented free of charge, so you should hurry.
The categories of beneficiaries entitled to receive an allotment for free include:
- veterans and participants of the Second World War.
- persons recognized as disabled.
- orphans.
- families with three or more children.
- internal affairs officers with fifteen years of experience.
Young professionals involved in agriculture can also qualify for benefits.
Algorithm of actions
Before starting the registration procedure, it is important to write an application to the relevant authority responsible for the territory. The form must be accompanied by a certificate received from the Cadastral Service. The decision by the municipal body is made within fourteen working days.
Based on the internal nuances of the case, the administration can:
- transfer the plot of land for use free of charge, as well as issue the appropriate written permission.
- offer a buyout option by submitting the purchase and sale agreement for consideration.
- reject the request on the basis of Article No. 28 of the Land Code.
Please note that owners of private houses located on municipal areas have certain advantages when registering.
Vegetable gardening and horticulture
Legal regulation of lands intended for gardening and vegetable farming is carried out:
- Land Code of the Russian Federation;
- Law No. 66 “On gardening, gardening... associations of citizens.”
Plots with the designated purpose of “gardening” are intended for growing various agricultural crops and for the construction of permanent residential buildings, according to Art. 1 Federal Law No. 66.
plots , unlike garden plots, are intended only for growing agricultural plants. The construction of permanent housing on garden plots is prohibited; only the installation of temporary cabins and auxiliary buildings without a foundation is possible.
What to do if there is ownerless land?
In this case, the legislation provides for two scenarios for the development of events. The first and most convenient is to find the owners or their heirs and offer to buy the property. To speed up your search, you can contact your local office and ask for assistance. If the search work does not produce results, resolving the issue can last up to two years, or even more.
To register the right to own an abandoned territory, follow these recommendations:
- Send your request to the nearest governing body. Attach copies of requests to the local administration to your application - this way you will confirm that searches have already been carried out previously. Based on your request, the committee will register the land in the cadastral register. After this, the owners or heirs will have a year to challenge the decision. After the specified period, the case will automatically go to court.
- If during the proceedings it can be proven that the site is empty, it will go to the municipality.
- Your task is to rent it on time. And then start preparing documents: a master plan in the BTI, geodetic markings, etc.
- Hand over the package of collected papers to the local administration.
The application is considered from one to three months. If the decision is in your favor, you can buy the plot at the average market price. All that remains is to carry out land surveying and register with Rosreestr.
Procedure algorithm
The land category is changed in the following order:
- The owner of a plot for gardening collects the necessary documents and writes a petition to the regional land committee of the executive branch;
- The Land Committee considers the application (60 days);
- Based on the results of the consideration, a decision is made to transfer the site to the category of urban land or to refuse;
- A copy of the act of the authorities’ decision is sent to the applicant and to Rosreestr for entering information about the new category of land in the Unified State Register of Real Estate.
When filling out the application, the applicant indicates the reasons for changing the category of land (the need to build housing), and justifies the legality of the procedure.
You should also indicate the preferred purpose of the site (individual housing construction) and the type of permitted land use (low-rise housing construction).
A positive decision will be made under the following conditions:
- The cadastral price of the plot indicated in the application does not exceed the average for the subject of the federation by more than half;
- The site is not classified as valuable agricultural land;
- There is no legislative ban on changing the category of land in a given territory;
- The Environmental Commission authorized the transfer of land based on the results of the examination.
If the transfer of land is refused, the applicant is given a written list of reasons signed by an authorized person. After receiving a copy of the act on changing the category of land, the applicant can begin construction of housing.
