How to register ownership of a land plot - step-by-step instructions for registration in 2021

After acquiring land, it is necessary to obtain title to the land plot in order to officially confirm the status of its owner. If this is not done, then any further actions with the site, such as its sale, inheritance, etc. will be impossible.

The registration procedure is not complicated once you understand it. Therefore, let's look at where to start registering land ownership.

Registration of land ownership in 2021: changes and amendments to legislation

Back in 2018, some changes came into force that relate to the process of registering a land plot as a property. In accordance with the updated rules, owners of garden and dacha lands that were acquired for long-term or indefinite use are required to register the plot in the state cadastre. To obtain ownership rights, you need to request an extract from the Unified State Register of Real Estate. The rules for carrying out this procedure and norms can be found in Law No. 218-FZ “On State Registration of Real Estate”.

Land plot

The rented plot can be transferred to private ownership in accordance with Federal Law No. 178-FZ “on the privatization of state and municipal property dated December 21, 2001, and you need to pay attention to the changes and additions that came out in 2017. And if you turn to the law, you can find out that the lease agreement will not be an obstacle to the purchase of the land plot.

Useful video

The five-minute consultation presented by the cadastral engineer is mostly devoted to explaining why state registration of real estate is worth going through. After all, there is a clearly evident trend of tightening legislative norms. Geodetic organizations provide some assistance in formalizing the official ownership of real estate, ensuring the receipt of technical documentation.

A 6-minute video is devoted to how to register a plot of land through the offices of the MFC or Rosreestr. All aspects related to the procedure are considered consistently and with appropriate attention to detail.

What documents are needed to obtain ownership of a land plot?

In the basic list of documents you can find:

Application to register ownership;
Cadastral passport of the land plot;
The original and also a copy of the passport of the owner of the land plot;
A document evidencing the purchase of a land plot.

Depending on how the property will be obtained, you can select some documents that will confirm the ownership of this plot:

Contract of sale;
Certificate of entry into inheritance rights;
Privatization Act;
Deed of gift, as well as other documents.

Features of obtaining documents for land when inheriting rights

When the certificate of inheritance is received, the land will need to be registered with Rosreestr. It happens that an unformed area is inherited.
If there are real estate objects on the territory, the owner of which was the testator, the heirs have the right to redeem it.

If the buildings are unauthorized, they must be legalized through the court, and then enter into inheritance law.

If the plot being inherited was rented by the deceased, the heir has the right to accept the plot for use - Article 617 of the Civil Code of the Russian Federation. Subsequently, the plot is allowed to be purchased.

Registration of land ownership: step-by-step instructions

Step one: state registration

First you need to go to the Rosreestr office located in your area
Then you need to fill out an application that will be given to you at the department
Submit an application with a package of documents
Pay the state fee
Pick up the extract on the date indicated by the specialist

Step two: registration through the MFC

You need to supplement your existing documents and declarations of all buildings that are on this land plot
Contact the Russian Register or MFC located in your area
Pay the state fee
Sign the application that will be issued to you by the MFC specialist
Receive a receipt of the petition before submitting documents
Pick up the certificate on the day indicated on the receipt

How to decorate a house?

To register a house as your property, you must contact the BTI to obtain a technical plan and passport.

With the received documents, you need to visit Rosreestr or the MFC to register the property. Registration period is 17-9 days. If the house was built without permission, it must be legalized.

Read detailed information about home decoration here.

How to register ownership of land that was inherited: features and rules

If you turn to legal norms, you can find out that the heir has half a year to register ownership of the land. First you need to go to a notary and submit an application to accept the inheritance. After the lawyer has accepted this application, he will provide a list of documents that you need:

At the cadastral chamber you will need to take an extract from the land cadastre, take a passport of the plot, which will indicate the market price, a certificate about the real estate on the plot, as well as an extract to become an heir;
At the passport office you will need to get a certificate from the place of registration, a document that will confirm the degree of relationship with the testator;
You will need to get a certified will from a notary.

There is a list of non-standard situations during inheritance, as well as documents that you may need/will need:

If the testator inherited land, then an extract from the tax office is required;
If the property is part of a dacha cooperative, then you will need the charter of the cooperative; this document can be issued at the tax office at the location of the site;

After all the documents have been received and submitted, you need to wait half a year, and only then register ownership. This procedure can be carried out at the Rosreestr branch; there is a special list of documents for state registration:

Heir's passport;
Certificate that the testator has died;
Certificate of inheritance, which must be certified;
Object passport;
A receipt indicating that the state duty has been paid.

What to do if you are refused

Registration of ownership of land plots is not always completed successfully. The MFC or Rosreestr may refuse to accept an application or some documents or suspend state registration. Fortunately, the list of grounds for suspension is presented in paragraph 1 of Art. 26 Federal Law No. 218, occupies 60 subparagraphs.

For the most part, these shortcomings are corrected without much delay. If, even following the procedure prescribed by departmental instructions, it is not possible to undergo state registration, then one remains to exercise the right to judicial protection.

The claim is addressed to the district court. Recognition by the court of the right to a land plot becomes the basis for state registration under clause 1 of Art. 58 Federal Law No. 218.

How to act in unusual cases

If the plot was acquired before 2001.

In 2001, some changes were made to land legislation. If the land was purchased earlier, but the rights were not registered at the same time, then before contacting the Rosreestr and the MFC, you need to make a cadastral passport. When applying for a cadastral passport, you must submit an application and pay for the work of a cadastral service specialist. This procedure can only be carried out on a site with land surveying; a passport is issued within 10 days. However, in some regions and when the registrar is busy, the waiting time may be longer, in which case it will be negotiated on an individual basis.

If there is no land survey

Land surveying is the definition of the boundaries of a site by a regulatory legal act. Thanks to this procedure, the possibility of disputes between neighbors will be excluded; it is needed in order to formalize ownership of a land plot. If land surveying has not been carried out on your site, then you can formalize this procedure at any company that has done land management work. To draw up a boundary plan, the company:

Will collect and analyze all geodetic data, as well as maps of the area;
Draw up a site plan;
Highlights communications and other objects on the site on the plan;
Draw up a boundary plan in accordance with all existing standards.

To complete the survey, you need to submit a plan, a copy of your passport, and a document confirming the right of ownership to the cadastral chamber. In addition, you need to pay for the registration service.

And if we talk about practice, it takes approximately half a year to survey and obtain a cadastral passport.

If there are no documents confirming the ownership of the land plot

If a document on entering into an inheritance, a certificate of purchase and sale, a deed of gift or another document is missing, lost, or drawn up with errors, then it must be reissued before the registration procedure. The plan will depend on the specific case:

If the original documents have been lost, then you need to contact the relevant authorities and make a duplicate of the document there;
If there are errors and inaccuracies in the purchase and sale agreement, then you need to contact the seller and re-conclude the deal, and you must comply with absolutely all norms and laws;
If the land was registered as a property according to already outdated standards, and the only documents available are a membership book, then it is necessary to go to court and legalize the transaction with the help of the court;
If the plot was acquired as a part of a horticultural society, then it is necessary to carry out general privatization procedures and allocate your part of the property.

You should be aware that when purchasing a plot of land, you should obtain a certificate from the seller stating that there is no encumbrance on the plot, for example, that the territory is not collateral. If the territory acts as collateral, then the transaction without the permission of the pledge holder will be unlawful. All data can be clarified in a unified register of rights, access to it is general.

The nuances of obtaining a certificate in the absence of papers

In the absence of documents, you can register ownership of the plot by legalizing the buildings. If there is a house on the site that is the property of the applicant, a certificate of ownership of the house serves as confirmation of the right to the land.

If the plot is a dacha plot, the privatization process should begin with land surveying . Next, the boundaries are agreed upon with the neighbors, and a boundary plan is submitted to Rosreestr. Registration of a building as a residential one will be possible only on a garden plot; this is prohibited on garden plots.

To register rights to the land under the garage, you must send an application for bidding to the administration, paying 10% of the cost of the plot. If you win, pay the remaining 90%.

More information on the issue can be found at the link.

How to become the owner of a leased territory

Back in 2001, the new land code of the Russian Federation came into force; it states that citizens can be the owners of territory that is under permanent or fixed-term lease. If the territory of a given land plot was allocated according to the legislation of the USSR and used for residential construction, then the right of ownership can be registered completely free of charge. You can only take advantage of this benefit when:

Built and became the owner of a country house, garage, bathhouse or outbuilding;
They built and put into operation, and also became the owner of a private house;
Enter the gardening cooperative.

Until the end of 2021, members of gardening partnerships and cooperatives could complete the registration procedure in a simplified manner.

The following citizens are entitled to receive a free plot of land:

Disabled people;
Veterans of the Great Patriotic War;
Orphans;
Large families;
Military personnel who served for more than 10 years;
Employees of internal affairs bodies with more than 15 years of work experience;
Young professionals who are in agriculture;
All other beneficiaries.

If the plot has not yet been developed, you will have to pay its average market price.

Procedure

Before registering ownership of a land plot, you must submit an application to the authorities that own this territory. An extract from the cadastral plan of the territory must be attached to this application. It takes 14 days to resolve this issue, then, depending on the situation, the following solution can be determined:

The site will be given ownership free of charge, and written permission for this operation will be issued;
The opportunity to purchase this land plot may be provided, and a purchase and sale agreement may also be submitted for consideration. Registration can be carried out only after you pay the redemption price of the land plot;
If you do not have the right to become the owner of this land plot, your application will be denied.

You should be aware that owners of private houses built on municipal territory will have an advantage when registering ownership of the site. The law provides several reasons for this. For example, if the land is not used for its intended purpose, if the house is located on a plot intended for agricultural work. At the same time, a situation may arise in which a site located beyond the border of the nearest populated area is used for construction. If the situation is different, your request will most often be granted.

After the municipality has issued its decision, the following documents should be collected to formalize ownership of the leased territory:

Application for registration;
Your passport;
Municipal permit or purchase and sale agreement;
A receipt stating that the state duty has been paid;
Extract from the cadastral plan.

Land registration procedure - step-by-step instructions

To obtain ownership rights to a plot, several procedures must be carried out.

Procedure:

Clarification of boundaries, their fixation. The cadastral engineer will carry out boundary work and draw up documentation. The service is paid - the applicant pays. Based on the results of the work, a boundary plan is drawn up.
Cadastral registration with Rosreestr. The service employee will issue a receipt for receipt of the documentation.
Obtaining an extract from the Unified State Register of Real Estate . It contains information about the site and the owner.

Processing time: 10 days.

For more information on registering property rights, please follow the link.

Allotment category and permitted use

Use of the site for other purposes is unacceptable.

It is allowed to register the property:

land of a settlement (individual housing construction, private household plots);
agricultural areas;
industrial lands;
areas for gardening and vegetable gardening.

It will not be possible to register ownership of nature reserves, public areas, natural resources, and protected areas.

What is required for registration?

Different ways of registering land ownership require different documents.

The standard list includes:

application in the prescribed form;
passport;
a document confirming the right to land (lease agreement, purchase and sale agreement, etc.);
cadastral plan;
receipt of payment of the duty.

If a proxy acts on behalf of the applicant, a notarized power of attorney is submitted.

Submitting an application

An application for the granting of an allotment of property is a document with legal force.

for its design are:

written form;
filling out all sections;
indication of exact data.

If it is submitted by a representative of the applicant, a copy of the notarized power of attorney must be attached.

According to Article 39.14 of the Land Code, the application is submitted to the authorized body in person or by mail (in paper or electronic format), to the MFC or to the administration website.

Find the rules for completing the application, form and sample document here.

Minimum allotment size

The minimum plot size is the area used for its purpose and cannot be lower than the established norm. Each region of the Russian Federation has its own indicator.

The established standards are regulated by the Town Planning Code:

Moscow region - 0.06 hectares;
Leningradskaya - 0.05 ha;
Nizhny Novgorod - 0.02 ha;
Novosibirsk - 0.045 ha;
Omsk - 0.04 hectares.

You can find out the size of the plot in a particular region from the local administration.

Deadlines

The timing of registration of property rights is regulated by Article 16 of Federal Law No. 218.

Depending on the method of application, the deadlines are:

10 - 12 days - registration of rights through the MFC;
10 working days – registration with Rosreestr.

If, by decision of the authorized service, the procedure is suspended, the time frame will drag on from several months to six months.

Obtaining a document of ownership

Registration of property rights is carried out in Rosreestr. The basis is an act of local authorities, a purchase and sale agreement, etc.

To carry out the procedure, a citizen submits an application and documents:

passport;
the basis for the procedure (act, agreement, etc.);
boundary plan;
receipt of payment of the duty.

Upon application, the applicant is given a receipt indicating the date of receipt of the extract.

Registration will be refused if:

the applicant did not confirm his identity;
documents do not meet the requirements.

If errors are corrected, the procedure can be repeated.

How to become the owner of ownerless land

There are two options by which you can be the owner of an ownerless plot. The most common way is to find the owner of a given plot and buy the territory. If you need to carry out this procedure as quickly as possible, you can contact the relevant authorities with your question, they will help you find the owner’s information.

If you still have not found the owners of the site, it may take several years to resolve the issue. To take ownership of ownerless land, you will need to do the following:

Contact the government agency and submit a petition. You must also add a copy of the appeal to local government authorities to your application. This way, your search for the owner of this site will be confirmed. After the results of the petition, the relevant authority will establish the site for cadastral registration for a period of one year. This is required so that the owner or the owner’s heirs can challenge the petition.

Then, after one year has passed, the commission will refer this case to the court. If after the court hearing it is proven that the property is ownerless, it will be transferred to the ownership of the municipality.

Then you can purchase this plot for rent.

It will be necessary to collect and order the development of all the required documentation, a master plan will be needed, a geodetic plan from a geodetic company, a statement that the land will be transferred into ownership, this statement must be submitted to the district administration, a cadastral passport of the site will also be required.

The entire package of documents must be submitted to the relevant authorities. It will take about three months to review your application.

If the municipality issues a positive decision, then you will be able to buy this plot at the average market value.

Next, after you sign the purchase and sale agreement, it will be possible to carry out land surveying and register this land through the Russian Register.

How much does it cost to register land ownership?

There are two mandatory fees in registering property rights: payment for the state registration process and state duty for the MFC.

If we talk about the cost of registration in the state register, it will be 2000 rubles. for citizens, if the plot is registered as ownership under individual housing construction, or 22,000 rubles. for organizations. The amount of the state duty will depend on the purpose of the territory, the owner and the documents that are the basis for obtaining the right of ownership. A duty will also be charged on the land, its size will depend on the family relationship with the testator, this is 0.3 percent of the assessed value of real estate for close relatives, but this amount cannot exceed 100,000 rubles, as well as 0.6 percent of the value territory for 2nd line relatives, this amount can be no more than 1,000,000 rubles.

If the original certificate of ownership is lost, then you will also have to pay to obtain a duplicate; individuals will pay 350 rubles, and legal entities will pay 1000 rubles.

In the process of collecting documents, it will be necessary to pay for the work of research and design bureaus. To compile a relief map, you will need a geodetic survey, its price will vary from 8,000 rubles. up to 15,000 rub. The design of the plan will be handled by the architecture department and the federal agency's real estate certificate. To determine the boundary and conduct land surveying, you need to pay for the services of a survey agent or land management company; you need approximately 5,000 to 9,000 rubles. The whole procedure requires not only financial costs, but also time. If you carry out the entire process correctly, eliminating absolutely all errors and inaccuracies as much as possible, then it will take up to three months.

If you do not want to waste your time and effort to prepare all the necessary documents, then you can contact a special office that can register the plots as private property. Also, specialists will accompany you all the time, they will check all the possibilities. You will need to provide personal information and make a notarized power of attorney for the company. The services of such a company will cost 10,000 - 15,000 rubles. or more, the cost will increase if the territory you choose is required for doing business.

What documents will be needed?

Most of the time and money when registering land property will have to be spent on preparing the necessary documents. It is better to treat this issue carefully, because if the necessary papers are missing or incorrectly completed, registration will be denied.

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When registering the right to land property, you will need the following list of documents:

application of a single sample;
cadastral passport for the land plot;
a document identifying the owner of the land (certificate of ownership issued by a government agency, purchase and sale agreement, etc.);
declaration of all buildings, if any, on the site;
identification document;
receipt of payment of state duty.

Registration through MFC

To register ownership of a plot, having prepared documents in hand, you can contact the Multifunctional Center (MFC). After submitting the application and package of documents, you will receive a receipt indicating the date when you will need to appear to complete registration.

Attention! The period for reviewing and verifying documents should not be more than 1 month.

Payment of state duty

The amount of the state duty for registration of land ownership is specified in Article 333.33 of the Tax Code of the Russian Federation and is:

2000 rubles – for individuals;
22,000 rubles – for legal entities.

For registration of a plot intended for gardening, gardening activities and personal farming, as well as land for a garage or individual housing construction, the state duty will be 350 rubles (clause 1, subclause 24 of Article 333.33 of the Tax Code of the Russian Federation).

Where and how to pay?

There are several options for paying the state fee:

directly at the registration authority through the terminal;
at the post office or at the bank, having previously received payment details;
online, when filling out an application via the Internet.

Except for the last case, a check or paid receipt must be presented along with a package of documents.

Who is freed?

Citizens who are recognized as low-income in accordance with the established procedure are exempt from paying state duty. Low-income status is confirmed upon application by local authorities. Without documentary evidence, the benefit will not apply.

Is it possible to apply for free?

Even if the procedure for registering property rights itself is free, payment of the state fee is mandatory and must be made before filing an application for registration.

State registration

After preparing all the documents and paying the state fee, to register land ownership you need to contact the nearest branch of Rosreestr.

State registration is carried out by making a corresponding entry in the Unified State Register of Real Estate (USRN), which confirms that on the specified date a specific plot of land is assigned to the citizen.

Where to pay government services?

You can pay the state fee in one of the ways convenient for you. It is possible to pay via the Internet; to do this, you need to fill out a special form on the official website, register, enter your passport data, recipient details, and select the type of duty. You can also pay for services at the bank’s cash desk; on the receipt you can find all the necessary details; the receipt will be given to you by the relevant authorities;

You can pay the state fee using the terminal; a receipt is also required for this. You can also contact the nearest one to you.

When you have already paid the state fee and suddenly change your mind about registering ownership of the land, the state will return you 50% of the money you contributed. If you overpaid, the difference will be refunded in full. To receive a refund, you must submit an application to the registration authorities.

How to save money when paying for registration services

To receive a discount when paying state fees, you can use a single portal of state, municipal and regional services to transfer money. Thus, you will save 30% of the cost. For example, if the payment is 2000 rubles, then in this way you will pay 1400 rubles. You will not only save money, but also time; it will take not nine days, but one working day.

The following lands can be transferred into ownership without state duty:

State and municipal ownership;
Areas intended for reindeer herding;
Sites located on the territory of regions joining the Russian Federation;
Preferential citizens;
State authorities;
Representative office of the Central Bank of the Russian Federation.

Moreover, the state duty may not be paid by those owners who are forced to go through the procedure for registering a land plot due to amendments to the legislation.

Timing and cost

The right to ownership of a land plot is registered within ten working days after all the necessary documents have been submitted. When submitting documents through the MFC, registration may take 3 days longer.

State duty amount:

100 rubles – registration of shared ownership;
350 rubles – registration of rights and imposition of encumbrances;
2,000 rubles – registration of the right of perpetual use to inherited property.

Attention! For legal entities, the fee will be significantly higher. The maximum amount is 15,000 rubles. The amount of the state duty depends on the category to which the site belongs and the intended purpose.

What lands are prohibited from being transferred into private ownership?

Streets, embankments, squares, city parks and public gardens;
Cemeteries, burial grounds and storage facilities for hazardous substances;
Territories where nuclear energy facilities are located;
Nature reserves, national parks, and other protected areas;
Areas belonging to the armed forces of the Russian Federation;
Exclusion near transport routes, airports and ports.

All restrictions can be found in Article 27 of the Land Code and Article 28 of the Federal Law of the Russian Federation. To check the status of the site, you need to contact the Rosregister.