The legislation of the Russian Federation allows the owner to enter into any (not prohibited) transactions with his land. However, when the owner changes, it is not enough to just agree on the terms of alienation of the plot. It is necessary to properly transfer the land plot to another person. To transfer real estate to a new owner, one type of civil contract is initially drawn up (written form is required), and after the transaction is concluded, ownership of the property must be re-registered with Rosreestr.
Grounds for re-registration of land to another person
To convert a land plot into ownership, it is necessary to have not only title documents, but also certifying ownership. It is also necessary to draw up a civil agreement on the conclusion of a transaction between the parties.
The legislator defines such transactions as:
- gratuitous transfer of land (donation);
- paid transfer of land (purchase and sale).
After the type of transaction has been determined, it is necessary to draw up a civil agreement that specifies the conditions for the transfer of the land plot.
It is necessary to complete the procedure for transferring a plot in accordance with the requirements of Federal Law No. 122-FZ of July 27, 1997. To do this, you need to contact a modern multifunctional center, provide all the required documents, and after the expiration of the established period, receive a document registering the plot of land in the name of the new owner.
Notarization
The law establishes the need for notarization of a contract in the following cases:
- if the plot is in common shared ownership (with the exception of shared ownership of SNT);
- if one of the owners of the plot is a minor;
- if certification by a notary is a condition of the contract.
In other cases, the parties are not required to certify the contract at a notary office. In addition, such a service significantly increases the cost of the transaction.
How to transfer land to another owner
Transfer of a land plot into ownership of another person (individual or legal) is possible only if the transferring party has already registered ownership rights. In all other situations, re-registration of a plot on which buildings are already located occurs upon acquisition of the right to this property.
Regardless of the closeness of relationship between the persons transferring property rights, in such cases the legislator does not allow direct re-registration. Property rights to property can only be transferred by drawing up an appropriate legal agreement.
Documents for re-registration
In order to re-register a land plot, it is necessary to provide the necessary package of documents to the registration organization, namely:
- identification card of both parties to the contract (passport);
- if the interests of one of the parties are represented by an attorney, then a notarized power of attorney is required;
- three copies of the agreement on concluding a property transaction;
- registration certificate of ownership;
- confirmation of land ownership;
- cadastral passport of the plot involved in the transaction;
- a receipt indicating that the state duty has been paid.
For this type of property transactions, the state duty is set at 2,000 rubles. The deadline established by the legislator for making changes to the real estate register and issuing documents is 21 days (excluding weekends and holidays).
After this time, the new owner is issued:
- transaction agreement certified by the relevant authority;
- certificate of registration of ownership;
- cadastral passport.
How to register a plot of land as a property?
How to register land ownership without documents, read here.
How to register ownership of a land plot under a will, read the link:
Re-registration requirements
To register new property rights, documents certifying the existence of these rights and cadastral documents are the most important documents when submitting the corresponding application. Without them, it is simply impossible to re-register property rights. All attachments to the application must be submitted in two copies, that is, the original and a previously made copy. After re-registration of rights, the originals will be returned to the owner.
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Depending on the place where the application is submitted, it can be filled out independently at the institution, or the responsible employee will do it himself, and after verification the applicant will simply have to sign this document. The state fee for the provision of services for re-registration of rights must be paid in advance, attaching a receipt to the package of documents, a copy of which must also be made.
After submitting the application, you should ensure that the responsible employee immediately registers it and issues a receipt for receipt of documents, with their full list, date and his name. Also, a date must be immediately set when it will be possible to show up for the completed certificate of ownership, taking also all the submitted original documents.
Re-registration of land upon sale
In order to re-register a plot of land to a new owner using a sales contract, several mandatory conditions must be taken into account:
- the land plot that is the subject of the agreement must have a cadastral number;
- When selling, the person alienating the property is obliged to notify the buyer whether there are any encumbrances placed on the land (subject of litigation, loan collateral, etc.).
In order to protect both the buyer and the seller as much as possible, the property agreement is signed directly in Rosreestr. Thus, the relevant employee representing the interests of the state, before accepting the agreement for registration, must verify the identities of the representatives of each of the parties to the transaction. This is necessary primarily in order to prevent fraudulent activities.
To register ownership rights, it is necessary, in addition to the property agreement itself, in three copies (a copy of each party and a copy to Rosreestr), to provide the following documents:
- passport of the representative of each party;
- a document giving the right of ownership to the seller (donation agreement, privatization agreement, registration certificate);
- cadastral passport of the transaction object;
- notarized power of attorney, if a representative is involved in the transaction;
- payment of state duty.
When the re-registration of ownership of a land plot occurs between individuals, the state duty is set at 2 thousand rubles. The legislator regulates the period for registration of title documents by a state body - 21 working days.
Then the originals of the documents submitted for registration are returned to the parties, and the new owner is given an extract from the unified state real estate register and a cadastral passport. Also, both the seller and the buyer are given certified copies of the property agreement, certified in the prescribed manner.
What is the price?
Many people are afraid of the re-registration procedure. It seems complicated and expensive. It’s easier to rent, paying the owner the rent monthly. However, how much do you actually need to pay for all the re-registration procedures?
- state duty - the established amount is 200 rubles;
- if the future owner wants to hire a specialist in his place to collect and provide the necessary documents, then a separate power of attorney is issued, the price of which will be 10,000-15,000 rubles (and this includes all the necessary procedures).
However, it is cheaper to use the general option, that is, to act independently.
Important: before re-registration, they find out whether the site has any encumbrances. Maybe it serves as a collateral or whether the seller is in debt to the Tax Committee. It’s not difficult to find out; just contact the unified register of rights.
Re-registration of a land plot upon donation
Often, when registering a land plot, the question may arise whether it is possible to avoid paying a tax in the amount of 13% of the cadastral value of the land. Yes, the legislator gives such an opportunity - to draw up a gift agreement. However, if the conditions for the transfer of ownership free of charge are violated, then very unpleasant incidents may subsequently occur, which may result in the cancellation of the contract in court or prosecution for non-payment of taxes.
Before making a final decision on the method of registering ownership, it is necessary to take into account the family ties between the parties to the transaction. If the land is received from a close relative, then donation will be the ideal way to register it.
To register a gift agreement with government agencies, the same package of documents is required as when registering a purchase and sale agreement. But unlike the purchase and sale agreement, various intangible conditions may be included in the deed of gift.
For example, the donor obliges the recipient to build a house on the plot within the next five years, or that the gift agreement will come into force only after the recipient enters into an official marriage, or the person taking away the land obliges its new owner to obtain a higher education. There may be several such conditions included in the contract, but each of them must be strictly non-material in nature.
Let's sum it up
Re-registration of a land plot is carried out in the name of citizens who have received title documents for it. The easiest way to transfer real estate is by agreement or will. In case of privatization, you will need to go through a special procedure that involves contacting the authorized bodies. When registering property by acquisitive prescription, you need to go to court. If everything is in order with the documents, Rosreestr re-registers the property within 10 days. The procedure ends with the issuance of an extract from the Unified State Register.
Read: Early termination of a land lease agreement
Re-registration of a land plot to another person after death
The procedure for registering ownership of a plot after the death of the previous owner has several features. A plot of land, which is registered as a property in accordance with the provisions of the Law, after the death of the owner is inherited by his relatives. The order of priority for receiving an inheritance is regulated in the Civil Code of the Russian Federation.
If the relatives of the deceased cannot come to a common decision and several people claim the land, then an agreement can be concluded that allows:
- shared ownership;
- redemption by some heirs;
- redemption by the sole heir of all shares;
- refusal of some heirs to inherit.
If the agreement is not formalized, then all heirs own the land without allocating shares.
To establish the right to property, you must contact the MFC with all documents for the land and documents on entry into inheritance. A state fee of 2,000 rubles is also required.
How to re-register a plot of land to a relative
Naturally, every person who wants to give their land to someone close to them is afraid that during re-registration they will have to spend not only a lot of time, but also money. However, the legislator allows you to avoid paying taxes if a donation procedure is carried out.
When such an agreement is concluded, the plot of land is alienated into the possession of the new owner free of charge.
For such a procedure, it is necessary to provide the owner’s title documents (certificate of registration of rights, purchase and sale agreement, inheritance) to the appropriate authorities. You will also need to provide a cadastral passport of the site, technical documentation for all buildings located on the site.
After registering the donation agreement with a government agency, the new owner of the plot is issued a certificate of registration of ownership and he can dispose of the newly acquired plot at his own discretion.
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Through a representative
The owner is given the right to be personally present during the re-registration of land or the execution of a transaction by power of attorney. The representative must have a notarized power of attorney.
If the owner is a minor, then his interests are protected by a legal representative (parent, guardian). To complete the transaction, you must have permission from the district guardianship department.
Important! The legal representative is not required to have a notarized power of attorney. His powers are confirmed by the child’s birth certificate (for parents), a resolution on the appointment of guardianship (for a guardian).
A person who does not have full legal capacity (for example, incompetent by a court decision) cannot carry out a transaction, nor issue a notarized power of attorney.
The process of re-registration of land is difficult for an unprepared person. Therefore, when completing a transaction, it is advisable to involve a lawyer. The specialist will give advice on the necessary documents and help you draw up the contract correctly. If necessary, he can represent the interests of the customer in official bodies.
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