When purchasing a private home for permanent residence or vacation, many do not think that not only the real estate object, but also the land plot under it is subject to registration. Otherwise, the owner will face a lot of problems and troubles. In this article we will tell you how to register the land under a private or apartment building as your property, and also consider typical situations.
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The legislative framework
The main document that is the support for the owner during the privatization of land is the Land Code of the Russian Federation, adopted in 2001, in accordance with Article 1 of Federal Law-137.
So:
- in paragraph 4, art. 3 FZ-137 specifies the conditions for obtaining property;
- clause 5, art. 39.20 of the Land Code of the Russian Federation indicates that it is mandatory to obtain consent from all residents of the house before the start of registration of ownership of the site;
- paragraphs 2 – 6, art. 1 of the Federal Law “On Real Estate Registration” determines the date of ownership of the house, which is considered the date of registration of the right;
- pp. 6, paragraph 2, art. 39.3 of the Land Code of the Russian Federation determines the preemptive right of home owners when purchasing land;
- Art. 11.10 of the Land Code of the Russian Federation indicates the norms for drawing up a land plan, including the right to create it independently if you have sufficient experience;
- clause 7, art. 39.15 of the Land Code of the Russian Federation establishes the time frame within which local self-government bodies are required to make a decision on the provision of a site in accordance with the scheme;
- refusal must be justified in accordance with Art. 39.16 Land Code of the Russian Federation.
In addition, the provisions of Art. 22 FZ-218 and FZ-221 when surveying a site, as well as the Law on Real Estate Registration when registering land for cadastral registration.
What documents are needed?
Depending on the case that became the basis for registering land ownership, the set of documents will be different.
Mandatory are:
- application for ownership rights;
- cadastral documentation for the object;
- original passport of the land owner;
- documents of title (sale and purchase agreement, certificate of inheritance, deed of gift, etc.).
Reference! Additionally, the kit should include a receipt for payment of the state duty.
When can a plot be obtained for free and vice versa?
You can register a plot for your own house if there are no restrictions or seizures on the building, and the land has the dimensions established by the standards for development.
For free registration, the following conditions are met:
- It is possible to register ownership if it arose before November 2001;
- if the house was inherited at any time, but the heir's right arose before November 2001;
- Owners who, before November 2001, received a plot of land on the basis of perpetual use rights or lifelong inheritable ownership, confirmed by documents, can also register a plot free of charge.
In any of the above cases, you do not need to pay a fee or request additional permission from the administration.
Citizens who received the right to a house after October 25, 2001 will receive the plot on a paid basis . Then the land will be transferred under a purchase and sale agreement concluded with the administration.
How to register a land plot?
The procedure for registering a plot depends on the status of the land, its intended purpose, the presence/absence of buildings on it and other factors.
Availability of a private building
According to the instructions, you must:
- Use a simplified design option in accordance with the “dacha amnesty” standards.
- If such a right does not exist, obtain permission from self-government bodies in accordance with the regulations, Art. 39.20 Land Code of the Russian Federation. The regulations establish that the owners of a capital structure have a pre-emptive right to register ownership of the land located under it.
Important! No one else except the owner of a private house has the right to claim the land under it.
Privatization of land plots under a residential building
Initially, an application is made to local authorities .
It should indicate your own data and the type of desired right, as a rule, this is property rights. The application is accompanied by a package of documents collected earlier. It includes documents for the house and confirming the applicant’s pre-emptive right.
In some cases, you need to independently prepare cadastral documentation and purchase the land according to its cadastral value.
The authorized body is obliged to consider the applicant's appeal and provide a response. The refusal has justifications that ensure the right to go to court.
After granting permission, the owner of the plot applies with documents to Rosreestr and goes through the process of registering property rights in accordance with the established procedure.
Under a high-rise building
In this case, the application and package of documents are submitted to the administration by the management company . The kit should include the minutes of the general meeting of residents of the house, at which the decision was made to privatize the local area.
The land is registered as shared ownership of the residents of the house. Each plot in size corresponds to the proportion of the apartment's area in relation to the total area of the house.
Attention! If there are municipal apartments in the house, their shares belong to the state.
If there is no management company, apartment owners independently convene a meeting and prepare documents. They can lay claim to the land under the house and the meter surrounding its perimeter.
The building belongs to several owners
According to the law, an undivided plot of land under a house owned by 2 or more owners can be registered as shared ownership . There is a basic condition here - the appeal must be joint.
If the second owner does not want to take part in privatization, the issue can only be resolved through the courts.
Unfinished housing
An unfinished house is not an object of capital construction and does not give the owner a preemptive right. Initially, it should be put into operation , the self-building should be legalized, and only then should a package of documents be submitted for the privatization of the land.
After the fire
Burnt property should be restored and put into operation before land privatization.
Reference! If within 3 years from the date of the incident the house is not rebuilt and registered, the right to use the site is terminated, and its further use is squatting.
Construction in plans
If the land was inherited or otherwise, before its privatization, a residential building should be erected and put into operation.
Plot for rent
You can obtain ownership of leased land from the government authority after building a house on it. When renting a plot from an individual, the process is impossible.
Procedure for registering rights to a land plot
The entire process of obtaining rights depends on certain factors:
- what is the status of the land,
- who is its owner,
- Is it leased?
From rent
According to paragraphs.
5, paragraph 1, art. 1 of the Land Code of the Russian Federation, land and the house on it are indivisible. In this case, the owner of the constructed property must pay a fee for the land if it is owned under a lease agreement, or a tax fee if the property is owned.
The acquisition of real estate on leased land involves the transfer of the contract to the new owner.
There is a transfer of rights under a document signed with the owner of the site, most often represented by the state.
Important! The purchase and sale agreement of the property should indicate that the rental documents are transferred to the new owner, so that there are no disputes in the future.
In addition, you should immediately contact the administration to renew the lease agreement. To do this, a request is submitted to the authority to change the terms of the lease. In this case, you need to contact the current landlord, who may have changed during the elapsed time.
At the administration
According to the regulations, clause 7, art. 39.15 of the Land Code of the Russian Federation, the administration is obliged to give a positive or negative answer after a month, as agreed.
If the administration’s decision is positive, the applicant will receive consent on disk or paper. After this, you should order a land survey. Only a cadastral engineer can carry out the work. A procedure is required to accurately establish the boundaries and configuration of the site.
After the specialist’s work, the applicant will receive a boundary plan and an act of approval of the boundary with the neighbors.
Reference! All work is carried out by an engineer based on permission from the administration.
Next, you need to contact the administration again to obtain the right to re-register a plot that the owner of the house is already using.
Having received consent, you should register your rights in Rosreestr . According to the norms, this takes 7 working days, in some cases 9. Upon expiration of the allotted period, the applicant will receive an extract from the Unified State Register about the new owner.
From the owner
By purchasing a house under a sales contract, the buyer also receives the right to the land. Before re-registering the plot to the new owner, the seller must inform him about the presence/absence of encumbrances and hand over the cadastral passport.
Attention! For maximum security, the seller and buyer sign a property agreement in Rosreestr, which is subsequently registered.
In the process of registering rights to a plot, a corresponding package of documents is submitted and a state fee is paid.
After registration, the new owner receives proof of the rights that have arisen , and both parties to the transaction receive certified copies of the property agreement.
If a plot is transferred under a gift agreement to a relative, the transaction is carried out free of charge. To carry it out, it is necessary to submit to the registration authorities title documents and a cadastral passport for the land, as well as documents for all buildings erected on it.
After registering the gift deed, the new owner will receive documents confirming the ownership of the land.
By will
Having a will after the death of a loved one greatly simplifies the procedure for entering into an inheritance. The main thing is not to miss 6 months from the tragic day and declare your rights with a notary.
After the allotted period has passed, the notary, in the absence of disputes, will open an inheritance case and issue a certificate of inheritance.
The whole process looks like this:
you need to collect the necessary documents;- order cadastral work from an engineer, including land valuation;
- receive the act and attach it to the set of documents;
- pay the state fee and submit the documentation to the notary;
- after receiving the application, the notary will open the inheritance case and issue a certificate;
- contact Rosreestr to register rights;
- receive an extract from the Unified State Register of Real Estate.
Based on the assessment report, the state duty will be calculated. The value of the house built on the land is also included in the assessment.
The price of the question is when can you privatize for free?
The cost of registration in Rosreestr is 2,000 rubles for citizens and 22,000 for legal entities.
The amount of the state duty depends on the purpose of the memory:
- for a summer cottage - 350 rubles;
- share of land in a summer cottage – 100 rubles;
- for agricultural needs – 350 rubles;
- share of a plot intended for agriculture – 100 rubles.
The amount of the state duty for re-registration of inherited land depends on the degree of relationship with the testator:
- 0.3% of the market value of the property for close relatives;
- 0.6% for 2nd degree relatives.
In the first case, the amount should not exceed 100,000 rubles, in the second, a million.
The following are entitled to receive a free allotment:
- large families in which children have not reached 18 years of age or 23 years of age when studying full-time;
- young specialists (up to 35 years old), who are citizens of the Russian Federation with completed professional education, working in rural areas. More information here.
Deadlines
Citizens' appeals are considered within a month, after which the regional administration is obliged to officially announce its decision. In Rosreestr, registration of property rights occurs within 7 days.
If the applicant is refused, he can go to court. Court cases are considered for a long time, their duration depends on the complexity of the case, the activity and responsibility of the participants, and the number of instances passed.
What difficulties might the owner encounter?
Today, it is impossible to get a plot for free without a special status or significant reason.
It is necessary to buy the land. Each region has the right to set its own prices based on the cadastral value of the site. For example, in the Moscow region the percentage deduction from the cadastral price is 3.
If the plot is not included in the cadastral register, its value can be determined based on the price of neighboring plots. To do this, you need to click on each site in the public map located at the link and get full information about it.
By determining, based on the information received, the average cadastral value of one hundred square meters of neighboring plots and multiplying this figure by the number of hundred square meters in the plot of interest, the owner will find out the value of his land.
It should be remembered that there are plots that cannot be privatized, and if the applicant wants to get them, they will always be refused.
These include:
- Located in several territorial zones.
- Buildings crossing red lines.
- Located in areas inaccessible for construction. These zones include:
- Forest
- Particularly valuable lands for the state
- Secret objects
- Water protection zones
If it is possible to obtain land ownership for free, you may encounter the problem of lack of title documents . The owner has the right to use any documentary evidence of the legal use of the property.
Attention! The document is legal even if issued in the name of a predecessor.
If there are only details of legal acts, you should contact the archives. Data can also be obtained from the BTI, Rosreestr or the Unified State Register of Real Estate.
The administration does not have the right to refuse free registration due to the lack of title documents to the owner of the house, just because he operates the facilities.
Possible difficulties
In practice, the issue of registering land under a house can be complicated by the following issues:
- The location of the land in shared ownership of SNT. To obtain the right to register, a positive decision of the general meeting of owners is required.
- The house is not finished. There is no reason to register the land before the facility is put into operation.
The house burned down
In this case, there are several options to solve the problem:
- construction of a new facility;
- obtaining rights to register land without reference to a residential property;
- Linking to the remains of the house occurs if, according to the state of the assessment by BTI specialists, more than 70% of it remains.
Prohibition on land registration
According to the norms, it exists in the following cases:
- the object is located in a protected area or on a cultural heritage site;
- the site is included in the state reserve or there is a ban on transfer of ownership to individuals;
- There are other restrictions in accordance with the Land Code of the Russian Federation and the Civil Code of the Russian Federation.
Important! Refusal to register a plot on which the applicant owns property due to the lack of title documents is unlawful.
