Pravozhil.com > Real estate registration > Land registration > How many acres can be attached to a land plot - registration procedure
In 2014, significant changes occurred in the land legislation of our state. They allow owners of plots of land acquired for various purposes to increase them by annexing additional territory. How many acres can be added to a plot of land?
Read about this, as well as whether this procedure involves the payment of various fines and additional funds, in this article.
How to register the addition of a land plot in accordance with the Land Code
The Land Code does not contain such a concept - the addition of a land plot. Redistribution of land plots is commonly called redistribution. According to the general rules for the formation of land plots (Article 11.2 of the Land Code), there are several types of formation of new land plots:
- Allocation;
- An association;
- Redistribution;
- Chapter.
In the article we will not consider each of these types in detail, but we will talk in more detail about redistribution, or more precisely about how the addition of a land plot in 2021 occurs due to the area of adjacent lands, and how the size of a land plot can be legally increased.
Is it possible to allocate a share of land as property?
According to the legislation of the Russian Federation, common property can be shared and joint.
If the title documents do not define the share of each of the co-owners, they use the site jointly. An example would be the jointly acquired property of spouses. Acquiring a plot of land during marriage gives both the right to use it at their own discretion.
In the case of shared ownership, everyone has the right only to a certain part, which is documented. For example, in the event of receiving an inheritance, the legal successors may receive 1/4, 1/8 or another part of the land plot.
By default, common property is shared (clause 3 of Article 244 of the Civil Code of the Russian Federation), except in cases where the law provides for the formation of joint property (for example, matrimony).
Each of the shareholders may have a desire to dispose of their share: rent it out, sell it, donate it, bequeath it. To do this, it is necessary to register ownership. You can register a share for yourself only if it is possible to actually separate it from the common plot.
Difference between partition and allotment
When a land plot is divided, the original property ceases to exist. According to Art. 11.4 of the Land Code of the Russian Federation, as a result of the division of common property, all co-owners will have the right to use the newly formed plots.
If we are talking about allocation, everyone will be able to use their plot within the limits of the share allocated to them.
As a result of the allocation of a share, the common area is preserved, only the boundaries change.
New law on land acquisition 2021
Laws in the field of land management and cadastre have undergone active changes in recent years. The new law on the addition of land plots, effective in 2021, is a whole layer of rules affecting the formation of land plots. At the beginning of 2019, Federal Law 217 on horticulture came into force, changing the basic concepts and definitions of summer cottages. On June 17, 2021, a new law 150-FZ was adopted, amending the laws on cadastral activities and real estate registration (218-FZ and 221-FZ). The changes concern complex cadastral works: the procedure for carrying them out is simplified, while it remains possible to increase the land plot up to 10% of its total area if, during the complex cadastral works, it turns out that in fact the plot is larger than on paper. The State Duma is also considering a number of amendments to simplify the procedure for registering land plots and buildings (the dacha amnesty will be extended until 2022).
Only the owner can add additional acres to his plot. Tenants of land plots, as well as persons who own land plots for free use, do not have this opportunity.
Deadlines
If it is intended to allocate a share on a voluntary basis, it is necessary to gather all owners to obtain consent. If it is impossible to collect, the shareholders will have to be notified by letter of notification. The waiting period for a response is 1 month.
Land surveying work can take from 2 to 6 weeks depending on the availability of land and technical difficulties in allocating a share.
If the issue is resolved in court, the review process will take up to 2 months.
Sanctions for illegal land seizure
Cases of illegal seizure of land are established by Art. 7.1 Code of Administrative Offences. If fraudulent aspects are identified, the case may fall under the criminal code. With this option, the offense faces much more serious consequences than just a fine and seizure of the site. In the absence of fraudulent activity, the violator will most likely pay a fine. Its size depends on several factors:
- whether the plot is registered in the cadastral register;
- What is the estimated value of this plot of land?
How to legalize the addition of a plot of land for free
Attaching a land plot to the main one is an increase in the size of the land plot at the expense of adjacent lands. Not every owner is aware that he can legally register an addition to a land plot and receive additional land ownership free of charge. How to legalize the cutting of a plot of land for free, you ask? In fact, the law allows the increase of a land plot by no more than 10% of its area at the expense of municipal lands. But there are also caveats. It is important that the land is not privately owned and under encumbrances; in addition, local authorities have the right to legally establish additional restrictions on the size of the addition of land plots. In any case, the registration of the addition of a land plot should be legalized by submitting the necessary documents to the Rosreestr authorities.
Obtaining a share of land in ownership through the court
The division of land becomes a real problem if some owners are happy with everything and others are not. There is only one way out - to resolve the dispute in court. The verdict may not suit everyone, but the division will be done fairly, taking into account the following factors:
- the size of each person's share;
- technical characteristics of the land plot;
- the established procedure for use;
- the results of the examination on the possibility of division.
The court is considering several options for division. The priority is the division method in which the shares of land in the common property, indicated by a fractional number, will correspond to the size of the allocated areas.
During the division process, each owner must have access to their plot.
If it turns out that the share is small and it is not possible to allocate the plot, and the owner does not have a significant interest in its use, the court may oblige other shareholders to pay him compensation.
Where to go
The claim is filed at the location of the property (land). The case is considered by a magistrate if the value of the claim is less than 50 thousand rubles , and a district judge - if the price of the claim is higher than the specified amount.
Drawing up a claim for the allocation of a share of land in kind
The purpose of filing a claim is to allocate a share of the common property in kind. Litigation is a last resort; on the eve it is necessary to make attempts to resolve the issue by contract, and documents confirming the impossibility of reaching an agreement must be attached to the claim.
The form and content of the document must comply with the standards established by Art. 131 Code of Civil Procedure of the Russian Federation. The structure is like this:
- In the upper right corner - information about the judicial authority (name, location); information about the plaintiff, defendant. The full names of both parties, residential addresses, and contact information are indicated. If the case is represented by an attorney, information about him is entered.
- The title of the document is “Statement of Claim for the Allocation of a Share of a Land Plot.”
- The essence of the claim. The document indicates who is the owner of the site and the shares of each owner. The following is a description of the object: address, cadastral number of the land plot. The size of the allocated share is indicated. Justifications for the requirements are provided.
- Request for allocation of a share of land in kind.
- Date and signature.
The claim should emphasize that attempts were made to settle the relationship out of court, but they were unsuccessful.
Sample claim:
The plaintiff’s task is to convince the court that the allocation of a share in kind is possible, and the obstacles put forth by the defendant are unfounded. If it is determined that the rights of other participants will not be violated during the allocation of the share, the court will side with the applicant.
A judgment is a document that must subsequently be provided to register ownership.
What documents are needed to approximate a plot of land?
The desire to increase the land plot is not enough; action must be taken. To begin with, find out from the local authorities the nuances of restrictions on the size of the addition of a plot of land in your area, and what documents are needed for the addition of a plot of land in your municipality.
The main documents are:
- Application for cutting (redistribution)
- Agreement
- Extract from the Unified State Register of Real Estate
- Land surveying project or site layout diagram
- Title documents for land.
Time limits for consideration of an application for subdivision of a land plot
The Land Code (Article 39.29) establishes the following deadlines for consideration of an application for the addition of a land plot:
- total period 30 working days
- extension of the period to 45 working days (if additional documents are needed)
- The deadline for returning an incomplete set of documents is 10 days .
After the application is accepted, an agreement is concluded that the municipality is not against increasing your land.
Method four: how to embrace the immensity
And again - work on mistakes. A local tax on land is one thing, and a regional tax on the property of organizations is another. Accordingly, the rates used in calculating this tax depend on the regulations adopted in a particular region. But there are 85 regions in our country, and thousands of municipalities. So studying the features of land taxation locally is clearly a more painstaking process.
What am I talking about? Moreover, large landowners often own plots that are scattered geographically, that is, belonging to different municipalities. Not knowing the benefits that can be used completely legally, the owner pays the maximum, which is defined in Art. 394 of the Tax Code of the Russian Federation.
For example, in the city of Gatchina, Leningrad Region, land plots used to locate retail facilities are subject to land tax at a rate of 0.75%, and not 1.5%, as prescribed by the Tax Code of the Russian Federation. In our practice, there was a case when the financial service of a large landowner did not know about the preferential rate established by the municipality.
Increasing the area of land - is it free or for money?
There is an opinion that increasing the land plot can be done completely free of charge, but this is not so. It is only possible to obtain the adjacent lands for free, that is, they do not need to be purchased from the state, and the very registration of the new formation in the form of an enlarged land plot after the addition is a procedure that requires monetary costs. Indeed, in order to document newly created possessions, it is necessary to prepare a boundary plan. To do this, we enter into an agreement with a cadastral engineer, naturally on a paid basis. The newly created site must be coordinated and a ready package of documents must be submitted for registration to the MFC. All this time and money, but as a result you will receive a legally registered plot with an increased area.
You can find out the cost of cadastral works using a free service on the website - an online cadastral work calculator.
You can also find a catalog of companies in your region that provide cadastre services on the website.
Instead of a conclusion, or Putin’s opinion on the addition of a plot of land
Vladimir Putin allowed Russians to register surplus land. This benefits both the state and the ordinary citizen. By signing 150-FZ dated June 17, 2019 (the law came into force on September 16, 2019), the president thereby expressed his opinion on the appropriation of land plots and confirmed the need to simplify cadastral work, which, according to the deputy head of the cadastral chamber, Marina Semenova, will have a positive impact on land owners. The registered plots will now officially be the property of citizens - which will increase revenues to the treasury through land taxes, and citizens, in turn, will be able to own plots not only in kind, but also legally.
