How to get free land from the state for building a house and what documents are needed

Transactions for the purchase and sale of land plots for individual housing construction are a complex legal procedure, especially when it comes to the secondary real estate market. The safest solution to this issue is to purchase land for individual housing construction from the administration. The main advantages of this type of transaction are a complete guarantee of legal security and in the future the absence of any claims from the seller. Current Russian legislation provides for several types of categories of land intended for individual housing construction, in particular:

• land for individual housing construction;
• land for personal farming;
• land for dacha farming.

Let us remind you that on lands for individual housing construction, the construction of residential real estate is allowed subject to the following conditions: a residential building is intended for one family and its height should not exceed 3 floors (Article 48 of the Town Planning Code of the Russian Federation). There are two main ways to buy a plot of land for building a house:

• on the secondary market, a land purchase and sale agreement is concluded with the owner;
• buy from the state (advantages: no debt obligations, reduced transaction processing time, complete legal security).

You can buy land from the administration for individual housing construction without prior approval of the locations of construction projects or with approval thereof, in rural settlements or in the city. A plot of land for building a house is purchased in a rural settlement from the local administration through an application, the preparation of which must indicate the size of the plot and the terms of purchase. In this case, all issues related to the purchase of land are resolved with the administration of the rural settlement. The city administration also sells land for building a house, but it is worth considering that the number of applications submitted to purchase land from the administration is very large, and in the absence of any preferential quotas, the time frame for consideration of the application may stretch for several years in advance. A plot of land bordering the city territory can also be purchased from the administration for construction, with a preliminary assessment of the criteria specified in the application with the parameters of the territory.

Regulatory framework

The basic law, according to which every Russian citizen is entitled to several hundred square meters of land as property from the state (i.e., a plot for individual housing construction, a vegetable garden) is the Land Code.

There is also Federal Law No. 136, which was adopted in 2001. It is constantly updated to reflect changes taking place in the country. The reality is that the concept of free land is gradually becoming a thing of the past. However, Art. 39.6 of the Land Code of the Russian Federation provides for cases and categories of persons for whom free land from the state into ownership is quite realistic.

In addition, at the federal level, benefits of this kind are regulated:

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• ZK;
• Federal Law No. 4301-1 of 1993;
• Federal Law No. 5 of 1997.

They can also be established by local regulations adopted by constituent entities of the Russian Federation and municipalities.

Who is eligible for the benefit?

All Russian citizens have the right to receive a plot of land from the state. It can be implemented in several ways. For example, a citizen can use it on the basis of Art. 39.1 ZK and take to:

• rent;
• use, including permanent and free use;
• property (for a fee or free of charge).

There are several basic requirements, subject to which a resident of the Russian Federation will become the one who can receive land from the state for free under Art. 39.5 ZK:

• be a Russian citizen with a minimum of five years of permanent registration;
• not be the owner of another land plot;
• live in a private house without being its owner;
• be a member of a family whose living conditions need improvement.

Federal benefits

At the federal level, the circle of beneficiaries who are entitled to free plots is narrow. This includes:

• Heroes and Heroes of Labor of the USSR, Russia;
• full holders of the Order of Glory.

Based on Art. 5 of Law 4301-1 and Art. 3 Federal Law No. 5 they have the right to receive land for building a house free of charge. In the city they will be given from 0.08 hectares, in the village - from 0.25 hectares.

Local benefits

The list of those eligible for the allotment benefit in Moscow and the regions is expanding significantly. Local regulations require you to receive free land:

• large families;
• young family;
• those in need of housing and registered;
• military personnel and police officers;
• Chernobyl victims who participated in eliminating the consequences of the explosion;
• orphan child;
• disabled person;
• participant in hostilities;
• state employees;
• pensioners;
• young professionals employed in certain industries;
• those who have lost their breadwinner;
• supporting a dependent - a veteran or disabled person.

The following list:

• varies significantly between regions;
• not exhaustive, since new regulations may be adopted locally that provide benefits.

A citizen can take advantage of the benefit of receiving a free plot of land from the state only once. The accounting procedure is established locally. It is conducted separately for land plots issued to citizens for different purposes.

Relocation programs

Citizens interested in receiving a plot of land free of charge can join the number of participants in existing programs - five federal and two regional - which are supposed to be provided with plots.

If you have a question about whether it is possible to obtain land under the program, you need to contact the MFC. By submitting your application, you will be included in a special queue.

You should, of course, familiarize yourself with the terms of the program first. It is possible that they will not suit you, because the land will not become your property right away.

Other factors may also be important.

Preferential category

Citizens of preferential categories can be allocated a plot of land free of charge; the list is determined by land legislation.

The first group of the preferential category includes:

• Tenants of a land plot, the right to lease, who received it back in Soviet times, on which a residential building stands. These citizens only need to re-register the land as their property free of charge.
• Beneficiaries also include citizens who have the right to indefinite or lifelong ownership of land. They can once exercise the right to receive land free of charge from the state.

The second group includes citizens:

• Veterans of the Great Patriotic War or other military operations.
• Military personnel who have served a term of military service under a contract for more than 15 years. They may be allocated land to build a residential building or organize a farm.
• Retired internal affairs officers who have worked in the organization for more than 15 years.
• Orphans are given plots of land that their parents used.
• Heroes of Labor and full Knights of the Order of Glory or other orders have the right to a free plot of land.

Citizens of these categories are allocated land free of charge on the basis of Federal Laws.

What areas are allocated for individual housing construction?

Counting on the allocation of land for individual housing construction free of charge, we take into account that we will have to send notices to the urban planning department of the local administration about the beginning and completion of the construction of a house, which means that the allocation of a plot for the construction of a residential building is possible only from settlement lands. Moreover, the plot should be allocated specifically for individual housing construction, and not for another purpose. You can try to transfer the received land to another category, but you will have to go through a difficult and lengthy procedure. The game is not worth the candle.

An attempt to build on a plot of land with a different purpose can end very badly for the owner:

• will be fined because land use rules have been violated;
• will not allow you to register in the constructed building;
• They will force you to demolish the building yourself.

Terms of service

To receive a free plot of land, several conditions must be met: the land must fall under the type of permitted use, that is, for individual construction.

There are several other conditions for receiving a free allotment:

1. If a citizen does not, and has never had, his own plot of land for individual housing construction or running a personal household.
2. There must be permanent registration in the Russian Federation for at least 5 years.
3. If he lives in a private house, but not its owner.
4. If you live in dormitories with your family, or the standard living space in an apartment is less than that required for 1 family member, then this is a condition for receiving a free land plot.
5. If citizens fall under the category of “young family”, or there is only one parent in the family who does not own land.
6. Young professionals who graduated from higher educational institutions and came to live and work in rural areas upon concluding an open-ended employment contract with the local administration of the settlement.
7. Those young specialists who will work in budgetary local organizations, for example, in the educational or medical field.

It is worth noting that land for individual construction is first formalized as a land lease agreement for a period of up to 3 years. After the house is completed and put into operation, the land can be registered free of charge.

Regular registration procedure

How to get land for individual housing construction free of charge? There are two ways:

1. One by one. For example, being a beneficiary or a participant in a state program, we write an application to the MFC or contact the local administration.
2. Out of turn. We are looking for a plot ourselves, which is under the jurisdiction of the municipal administration. Then we submit an application to receive it.

First, let's look at how land transfers typically work.

Collection of documents

Wondering how to get a plot of land? Start by filling out an application and collecting documents. Their list may vary depending on the specific program and other factors.

The applicant will need to provide the following general documents to receive land:

• Russian passport, which shows registration;
• certificate confirming family composition;
• passports or birth certificates of family members;
• title documents for real estate owned by the applicant;
• the conclusion that the available living space is below standard, and the family needs to improve their living conditions.

Submitting an application

When the necessary documents have been collected, we move on to the second stage of solving the problem “How to get a land plot for free.”

To do this, fill out the form issued by the MFC, or write an application to the municipality. There are no special requirements for the form of the document. We adhere to the general rules established in Art. 7 Federal Law No. 59 of 2006 for citizens to write appeals.

You will need to clearly indicate:

• name of the authority;
• your data;
• a request that the allotment is needed specifically for individual housing construction;
• what address is the site located at?
• list of applications;
• date and signature transcript.

It's convenient to have a sample at hand. You can use the example of an application submitted by a large family.

By completing your application correctly and submitting the required documentation, you can confidently count on a positive decision.

Waiting and next steps

We submitted an application to solve the problem “How to get land for building a private house”, now we have to wait for an answer. Authorities are given a standard 30-day period to consider citizens’ appeals. The applicant will be notified, the plot will be transferred to him or the request will be refused with reason.

Upon receipt of a land plot, it is advisable to quickly register ownership of it. Registration is carried out in Rosreestr. You will need to pay a state fee.

After receiving documents from Rosreestr, you can legally dispose of the plot: start construction or take other actions, drawing up acts of donation, wills, and sales. A building on an unregistered plot is not subject to registration.

Land registration

As you can see, it is quite possible to get a plot of land for free, but you become a full owner only after registering with Rosreestr.

Documentation can be sent to:

• by mail;
• through the MFC;
• to the management of Rosreestr;
• online.

You will need to present:

• ID cards;
• the decision according to which the site was allocated;
• transfer act;
• a receipt confirming payment of the state duty.

How to register and all the necessary information on the procedure can be found on the official Rosreestrovsk website. The procedure is tracked online. If something is filled out incorrectly, they will send a message to the specified e-mail so that it can be corrected.

The procedure will take one to two weeks. Through the MFC it takes a little longer. They do not provide special certificates of ownership; confirmation is a current extract from the Unified State Register of Real Estate.

What documents are needed to buy land from the administration for individual housing construction?

In accordance with the current legislation of the Russian Federation, regulating the procedure for registering ownership of real estate, those wishing to purchase land from the administration for individual housing construction must provide the following documents:

• Original and photocopy of the applicant's passport.
• A document confirming the ownership of land (purchase and sale agreement, exchange, etc.).
• Cadastral passport.
• Consent of the second spouse to the transaction (in the case of an existing family marriage).
• Original receipt for payment of the registration fee.

The cost of the service consists of state fees and notary services, the cost of which is set independently. The amount of state duty is regulated by Art. 333.24 of the Tax Code of the Russian Federation. The final stage of action is the registration of land ownership with the relevant government agencies.

Alternative

How can you get a plot of land for free, without waiting for the turn established for benefit recipients to arrive, since staying there, according to average estimates, takes about two to three years? The process can be speeded up by about ten times, but you will need to take some independent actions, which will require a certain amount of personal time.

We use a cadastral map

We begin solving the problem “How to get land from the state” by studying a special map. We go to the site to find and subsequently obtain ownership of a free plot of land.

We check the information received

When deciding how to get a plot to build a house for free, we check whether the objects of interest belong to someone. For example, here.

We clicked on one of the plots that opened in the list and found out all the information about it.

Not in all regions of the country it is possible to quickly find suitable vacant plots. Did you find one? Then we check it through the Rosreestrovsk help desk.

Submitting a request will help ensure that your public map information is not out of date. At the same time, we will use the link that allows you to pre-submit an application so that you can register later.

Proof that the site is free is a separate mark in section 1. It indicates the absence of data to be entered in section 2.

To obtain an extract you will have to pay a state fee. Electronic - via API, certified by the registrar's digital signature, will arrive faster (in an hour, not in three days) and will cost less - 250 rubles.

Submit an application

Having independently found the plot of land we like, we promptly collect documents to receive the plot of land free of charge. Submitting an application with attached documents follows the standard procedure.

It is more reliable to present during a personal reception at the local administration, but you can also submit:

• by mail;
• through the MFC;
• through the State Services portal.

We are finalizing the deal with the administration

After considering the received application for the provision of a plot of land for the construction of a residential building, the local administration will invite the citizen to enter into an agreement with him. What it will be is determined by whether the land is given for ownership or lease or use. A lease agreement for a plot of land for individual housing construction with a citizen, for example, is signed in accordance with paragraph 3 of paragraph 8 of Art. 39.8 ZK, for 20 years.

After which the citizen only has to register with Rosreestr and become the legal owner/user of the land.

What you need to do to get land for free

1. If the location of the plot has been agreed upon with the administration, then it is necessary to write a statement about the decision made on the location of the plot.
2. Order a cadastral plan of the land.
3. The authorities notify neighboring owners about the provision of land for the construction of individual houses.
4. Write an application to check the communications passing through the site, obtain permission to carry out construction work from the architectural department of the district. After the work is completed, the absence or presence of infrastructure facilities is noted on the plan.
5. They draw up an act with the local administration on the transfer of the selected site for construction work.
6. Then again a cadastral specialist is needed; according to his information, the plot can be registered with the cadastral register.

Let's talk separately about permission to build a residential building. Without this document, all work performed will be considered illegal, and the constructed house will be demolished.

To do this, topographic documents for the site are submitted to the settlement administration, where all communications passing through the site are marked. The authorities will independently regulate the issue with the real estate department. After 30 days, you can obtain a building permit.

Additional Tips

There are several more ways to get a plot of land for building a house without paying the market price for it:

1. Participate in the auction. It is beneficial if the item is quite inexpensive.
2. Occupy an ownerless plot, build an unauthorized plot and legalize the construction on the basis of clause 3 of Art. 222 of the Civil Code of the Russian Federation. However, count on the provisions of Art. 234 of the Civil Code, acquisitive prescription is quite risky.
3. Join the state program.

Is it possible to exchange a plot?

It happens that a citizen managed to acquire ownership of land for free in order to build a house, but the site seems unsuitable to him. When contacting local authorities with a proposal to replace it with another, references to poor location and low market value are considered unfounded. The only reason for replacement: it is impossible to build a house on the plot, it does not correspond to its intended purpose. Then they will change it. What can be done if the local administration refuses to change:

• sue her, perhaps the court will take the arguments presented into account;
• register the plot and sell it;
• find another suitable plot of land and apply for rent.

If you are unlucky in choosing a plot of land for construction, you can find other options, for example, signing a lease agreement.

Preferential categories

People of preferential categories write an application addressed to the administration with a request for the allocation of land in accordance with the Law. The application must be accompanied by supporting documents defining the category of benefits.

It is best for citizens to choose those plots that are already listed in the cadastral register ; this registration procedure is much faster than, for example, new plots that are not registered in the cadastral register. The procedure for entering new lands into the cadastre is a very lengthy procedure, and it can take more than one year.

There must be all the necessary documents to receive land: copies of passports, certificates, if the land is issued to a large family, then copies of the children’s birth certificates, adoption certificates, if the children are adopted. You also need documentary evidence of the absence of land ownership.

It will take a month to verify the documents, then a notification of the decision will be sent. If the result is positive, then they receive permission, with which they must contact the land surveying department to prepare cadastral documents.

Useful video

One of the users’ channels posted a seven-minute video on how to get plots for individual housing construction in Russia for almost nothing.

The 17-minute duration of the first part of the video, which has collected almost ten thousand views, tells about an unsuccessful personal experience of how to get land for free in the Kemerovo region.

A user who had to spend seven months to achieve the goal shared his personal experience of how land is leased for individual housing construction.