Features of privatization of land under a private house and apartment building. Procedure, terms and cost

Until what year was it extended?

Previously, the deadline for the privatization of private real estate, including land plots, was extended several times, so the question remains up to what year the deadlines have been extended now. Currently, according to the rules of paragraph 3 of Article 3 of the Federal Law of October 25, 2001 No. 137-FZ, it is determined that the period for registering land plots is unlimited.
This rule applies to territories granted for permanent use, lifelong inheritable possession and lease.

When is free delivery possible?

Article 39.5 of the Land Code of the Russian Federation allows the privatization of a land plot free of charge in the following cases:

1. The plot is provided to a family raising three or more minor children.
2. The territory was leased for construction and or farming more than 5 years ago.
3. The plot was obtained in a rural area under the terms of compulsory employment in a socially significant profession more than 5 years ago.
4. Land users are persons who have benefits. These include the poor, combat veterans, and disabled people; heroes of Russia and the USSR.

Important! The last category of persons receives the opportunity to privatize a plot free of charge only on the condition that they do not have the opportunity to exercise this right on an equal basis with others.

Refusal to privatize will take place in the cases specified in paragraph 8 of Article 28 of Federal Law No. 178 of December 21, 2001.

This rule applies to areas included in the land:

• specially protected objects and natural areas;
• water and forest resources;
• contaminated with hazardous substances and subjected to biogenic contamination;
• public areas – squares, streets, driveways, highways, embankments, parks, forest parks, public gardens, gardens, boulevards, water bodies, beaches and other objects;
• reserved for government needs;
• intended to support activities in sea and river ports, airports or allocated for their development.

The specified list of grounds for refusal is exhaustive. More information about which categories of land are not subject to privatization can be found here.

Is it possible to privatize a land plot if private housing is owned?

If the owner of the house has registered ownership of it, he can privatize the plot under it. Restrictions regarding the number of participations in privatization in relation to an object. If a person has not privatized a plot of land earlier, he can do so after registering ownership of the house (how do you know if the land has been privatized?).

Attention! The exception is minor participants in privatization. They have the right to register ownership of the plot again upon reaching eighteen years of age.

Find out more information on how to transfer rights to land into private ownership, if the house is privatized but the land under it is not, in a separate article.

If there are several owners

If the house belongs to several persons on the basis of shared ownership, then for privatization it will be necessary to determine the boundaries of the plot of each of them. It is necessary to produce a cadastral passport for each part. The plot must be divided equally among all owners. Each individual will privatize their share.

Under the MKD

Residents of an apartment building have the right to privatize the plot on which the property is located. To do this, it is necessary to hold a general meeting and formalize the decision in minutes. Privatization of a plot for an apartment building allows you to:

• construction of sports and children's playgrounds, recreation areas, garages for the disabled and veterans;
• landscaping;
• creation of parking lots;
• renting out the existing parking lot.

We talked in more detail about the privatization of a land plot for an apartment building here.

Features of land privatization

The procedure and conditions for the free transfer of ownership of a land plot have its own characteristics depending on its type and purpose. However, not all types of plots are subject to privatization. Let us consider the features of the privatization of plots that, in accordance with current legislation, are allowed to be transferred into the ownership of citizens.

Under the garage

The land plot located under the garage can be privatized, but for this it is first necessary to register ownership of the building itself. If the right of ownership of the garage has already been registered, then the owner has the pre-emptive right to privatize the land plot located under it.

However, depending on the type of building, the registration procedure will differ:

1. The garage is a separate building - a simplified privatization procedure.
2. The garage is part of a garage-building cooperative (GSK). In this case, registration of land ownership is possible under the following conditions:

• shares were paid by all participants of the State Joint Stock Company;
• all garages are registered as property;
• all members of the GSK agree to the privatization of the site;
• A GSK participant was selected to represent the interests of all owners of buildings and a notarized power of attorney was issued in his name.

The land under the cooperative's garages is registered as the shared ownership of all its participants.

If it is impossible to transfer the land plot into the ownership of citizens, then a land lease agreement can be concluded with the members of the cooperative or its chairman.

Apartment building

Article 36 of the Housing Code of the Russian Federation provides for the possibility of registering the land plot on which the apartment building is located, as well as the adjacent territory, as the collective property of the residents of the building. However, the feasibility of such a solution is sometimes questionable.

Despite the fact that land owners will be able to independently decide on the improvement of the territory and other ways of using it permitted by law, they will also have to bear a number of responsibilities:

• pay land tax;
• maintain it independently and at your own expense;
• Do not use for other purposes.

Thus, the owners’ costs for maintaining the site may turn out to be more significant than the expected benefits.

Garden

With regard to garden plots intended for individual housing construction (IHC) or personal subsidiary plots (LPH), Federal Law No. 93 “On the Dacha Amnesty” provides for the possibility of their privatization according to a simplified scheme (there is no need to obtain permission from the municipal authority).

The period of the “dacha amnesty” has been extended until March 1, 2021 and may be extended further. However, you should not delay the registration procedure, since if you miss the deadline established by law, you will only be able to obtain the plot by purchasing it.

Attention! The main condition under which privatization of a garden plot is possible is receipt of the land for use before October 31, 2001 on any legal basis.

Agricultural

The conditions and procedure for transferring ownership of agricultural land are regulated by Federal Law No. 101-FZ dated July 24, 2002. Article 10 of the law establishes that the privatization of such lands is possible through bidding (competition, auction).

Citizens who use it on the right of lifelong inheritable ownership or perpetual use can apply for free privatization of a land plot. Citizens who own buildings located on a plot of land can also register an allotment.

Under a private house

It is possible to register ownership of the land located under the house only if you have documents confirming ownership of the house itself.

In addition, the home owner must meet at least one of the following requirements:

• have a document confirming the right to use the land plot;
• the plot under his house is eligible for the “dacha amnesty” program;
• a citizen belongs to the category of beneficiaries entitled to privatization.

If there are several owners of the house, then they also have the right to participate in the free privatization of the land plot.

Where to begin?

In order to carry out the land privatization procedure, it is necessary to contact the authorized official bodies. These are the local administration and the Federal Property Management Agency.

When to go to your local municipality?

You should contact the local administration in cases where the land plot is in municipal ownership. Information about the ownership of the territory can be obtained by contacting the specified authority.

When to visit the branch of the Federal Property Management Agency?

In the case of a site under federal jurisdiction, you must contact the territorial office of the Federal Property Management Agency. Such bodies are located in every region and subject of the Russian Federation.

Registration of land ownership

In order to become the rightful owner of a plot, you need to know how to privatize land.

Drawing up an application for privatization of a plot

This application ( ) is registered with the city or village council - depending on where your land is located. In this document, you will need to indicate why you want to privatize the land (this could be development, farming, garden plot, etc.). Within a month, your application will be reviewed and an appropriate decision will be made.

If you have been exploiting the land for a long time, there will be no problems. However, if you are applying for land intended for agricultural, industrial or commercial purposes, be prepared to be rejected. Do you have any doubts about the correctness of the decision made by the commission? Then you should go to court.

Registration of a land ownership deed

If the answer is positive, your next step will be to register a land transfer deed with a land management company. When you start directly drawing up the act, it would be a good idea to consult with a competent lawyer.

The document will be approved and signed after measurements of the site. If there are residential buildings on your site and neighbors live nearby, you will need to draw up a cadastral plan with the coordinates of the land plot in your locality.

Drawing up a land ownership deed is long and troublesome; this process usually takes about six months. When the document is in your hands, you will already be able to fully own this plot. However, if you decide to build buildings on it, you will need approval of the project from the local administration.

Problems with the overlay of land exploitation by one or more owners

At the registration stage and after signing the documents, circumstances may suddenly arise when the owner of the land is not one, but two or more people. Such problems are a consequence of the negligence of the administration, but ordinary people are forced to suffer. The trial will begin.

And basically, in such cases, the right to own land is assigned not to those who have lived on the site for a long time and have residential buildings there, but to those who have correctly completed the documents and provided for all the legal formalities.

How to privatize a land plot?

The process of registering land ownership consists of several stages.

1. The first of these is the preparation of documents of the interested party for the house and land.
2. After this, you need to fill out an application and contact the authorized government agency.
3. At the end, an agreement is concluded and ownership is registered in Rosreestr.

Next, we will describe in detail the procedure for privatizing a plot of land with a house.

Compiling and submitting an application

The basis for considering an appeal from an interested person is his application. It is drawn up in simple written form.
The text should indicate the following:

1. Name and address of the government agency.
2. Information about the initiator - last name, first name, patronymic, place of residence, contact phone number.
3. Information about the site - location, total area.
4. Request for privatization.
5. Availability of benefits for the applicant.
6. List of attached documents.
7. Date and signature of the applicant.

The appeal is submitted in person, sent by mail, through a legal representative or the State Services portal.

What documents are needed?

The application must be accompanied by:

• applicant's passport;
• power of attorney of the legal representative, if he is participating in the procedure;
• notarized consent of the second spouse to register land ownership;
• a document confirming that the initiator has benefits, for example, a certificate of the applicant’s family having many children.

Certified copies of documents may be submitted.

For housing

In relation to home ownership, you will need to provide title documents - a purchase and sale agreement, exchange, donation, which were previously concluded by the owner. This list may include an extract from the Unified State Register of Real Estate, a certificate of inheritance or ownership.

On memory

In relation to the land plot you will need to submit:

• lease agreement (how to privatize a leased property?);
• rights of permanent use or lifelong inheritable possession;
• you will also need a cadastral passport;
• plan or statement.

We wrote more about the list of documents for memory for various needs in this material.

Conclusion of an agreement with the administration

After considering the application and making a positive decision with the owner of the land, that is, with the government body, a privatization agreement is concluded. It is drawn up in three copies, one for each of the parties and Rosreestr.

The contract must indicate:

1. Date and place of signing.
2. Information about the parties.
3. Description of the subject of the transaction. In this case it will be a plot of land.
4. The cost of the contract and the payment procedure if the interested party does not have benefits.
5. Rights, obligations and responsibilities of the parties.
6. Contract time.
7. Settlement of disputes.
8. Details and signatures.

The document must be certified by the seal of a government agency.

Contact Rosreestr

After signing an agreement with the administration, you need to contact Rosreestr to register ownership. To do this, you will need to prepare a written application in any form.
You need to attach to it:

• privatization agreement;
• cadastral passport for the plot;
• receipt of payment of state duty;
• initiator's passport.

Upon receipt of the specified documents, ownership will be registered.

Conditions for providing land for individual housing construction

The transfer of land to the land fund for individual housing construction is regulated by the Land and Town Planning Codes of the Russian Federation. Based on the provisions of these laws, transfer is possible if it is planned to build a house for individual residence on a plot of land.

To carry out the transfer of a site with individual housing construction in full, the following conditions must be met:

• The construction of a house for the owner/or his family must be planned on the site.
• The site and buildings on it have a postal address for easy identification.
• The plot of land is planned to be included in the zone of the settlement to which it is attached.

If at least one of the conditions is met, then you can begin the procedure of transferring to individual housing construction. When planning the construction, it should be taken into account that the height of the building should not exceed 12 meters (3 floors) , and also should not have common walls with other buildings. More information about the standards for developing plots for individual housing construction is discussed in this article.

What is the price?

The approximate cost of obtaining the necessary documents for a lease for private housing:

The amount of the fee for registering property rights is specified in paragraph 22 of Article 333.33 of the Tax Code of the Russian Federation and is 2,000 rubles.

More nuances about how much you may have to pay for the privatization of plots for various purposes, and whether it is possible not to spend money on the procedure, are described separately.

Registration deadlines

In accordance with the legislation in force for 2021, the registration period for individual housing construction is 10 days , if all the necessary documents are prepared in advance and submitted in the prescribed form.

Preparing a cadastral plan for the site, filling out an application for registration and other papers that may be needed may take some more time; the speed of their preparation depends on whether the owner handles the documentation himself or resorts to the help of lawyers and third-party organizations.

Next, we will look step by step at how to register land ownership.

Features of a one-time procedure

Simultaneous privatization of these objects is impossible.
For those who are interested in whether it is possible to obtain ownership of a land plot if private real estate is not privatized, we will answer that if a person intends to privatize a plot of land, he must first register the house in his name, for example, remove the status of an official one from it. After this, you can perform actions with the site. Help: if the plot has already been privatized, then ownership of the house does not need to be registered.

Is it necessary to carry out the procedure: pros and cons

Privatization of land under a house has its pros and cons.

The advantages include:

1. The ability to carry out any operations with the site, for example, to sell or carry out commercial activities.
2. Land can be bequeathed or donated.
3. The owner has the right to rent out the plot.

The disadvantages of privatization include the fact that:

1. There is an obligation to pay land tax.
2. The owner will also have to maintain the site in proper condition.

Almost every owner, including residents of apartment buildings, can privatize a plot of land for their own house. To do this, you need to prepare a number of mandatory documents and contact the authorized authority. The procedure will entail certain costs associated with paperwork and payment of state fees.

Arbitrage practice

Basically, the need to protect rights in court arises at the stage when the authorized body makes a decision to refuse a citizen the privatization of land.
In 2011, land legislation underwent significant changes, so even a refusal to privatize on the grounds of using a previously given right is not always legal. Thus, citizen N. was refused by the administration to privatize a land plot due to the fact that he had previously used such a right. During the consideration of the case, the court found that in 1992, citizen N. was given ownership of part of the plot free of charge; the administration is ready to transfer the second part, which is the subject of the dispute, only through redemption.

However, the court satisfied the claim of citizen N. and declared the refusal illegal, citing the fact that the first free privatization was carried out in 1992, when the new Land Code, providing for a one-time free privatization, did not yet apply to previously arisen legal relations. Thus, the fact of privatization by citizen N. before the adoption of the Land Code has no legal significance and should not be taken into account as a reason for refusal.