How to combine land plots into one - rules for 2021

ST 11.6 Land Code of the Russian Federation

1. When adjacent land plots are combined, one land plot is formed, and the existence of such adjacent land plots ceases.

2. When merging land plots, the owner acquires ownership rights to the resulting land plot.

3. When merging land plots owned by different persons, such persons acquire the right of common ownership of the resulting land plots.

4. When merging land plots belonging to different persons under the right of common ownership, they have the right of common ownership of the resulting land plot in accordance with civil legislation.

5. It is not allowed to combine land plots provided with the right of permanent (perpetual) use, the right of lifelong inheritable possession or the right of gratuitous use, except in cases where all of these land plots are provided with the right of permanent (perpetual) use, the right of lifelong inheritable possession or the right free use by one person.

6. It is allowed to combine a land plot encumbered with a mortgage with a land plot not encumbered with a mortgage. In this case, the right of pledge extends to the entire land plot being formed, unless otherwise provided by agreement of the parties.

Features of land consolidation in 2021

Consolidation of land plots is a fairly common procedure and is popular. There are lovers of fresh country air, who often lack six acres, and there are neighbors of such lovers, for whom the dacha is like a burden: either pay the fees, or mow the grass, and they live far away. So it turns out to come to an agreement like a neighbor, like one of our own. Features of the consolidation of land plots in 2021 are due to the adoption of the law on gardeners and vegetable gardeners and amendments to the Land Code. The amendments in particular affected the names of land plots: instead of dachas, now gardens and vegetable gardens. And in order to figure out whether it is possible to combine land plots in 2021 and how to do this without breaking the law, we will analyze it step by step.

What cases are prohibited?

If the legislative order in connecting land areas is violated, the owner will not be able to register the new entity. And without documentary evidence of ownership it cannot be:

• sell;
• give;
• pass on as an inheritance;
• used for its intended purpose, even in the appropriate category.

There are many reasons for the competent authorities to refuse to connect land areas:

• there is no required set of papers;
• the application for association was submitted by persons without the right to conduct the procedure;
• lands for different purposes that are not transferred to a single category;
• there is no or insufficient agreement with the owners;
• there is unfinished construction on the plots, which interferes with the unification;
• the rights of interested parties were violated; they did not give their consent to connect the plots;
• the land has no contiguous boundaries, each plot is located far away;
• property belongs to the state, municipality;
• priority for ownership over other citizens;
• The size of the created area does not meet the standards.

When the main work has taken place, obstacles may arise in government departments, the combined site must be registered as a new facility. The grounds for refusal to register property are usually expressed as the following reasons:

• the complete set of documents has not been provided;
• the land became the subject of legal proceedings;
• the association occurred from plots of different categories that cannot belong to private property.

If they unlawfully refuse to register the land, the problem is resolved in court with a statement of claim. Stakeholders should be aware that there will not be a single standard template for a solution.

Consolidation of land plots. Step-by-step instruction

1. If there is a need to combine adjacent land plots (adjacent to each other), first of all contact a cadastral engineer for advice. Depending on what requirements are imposed on the land plots being merged, the cadastral engineer will help collect a package of documentation for registration of land surveying, and will tell you whether it is possible to combine land plots in your case, or whether there are any legal restrictions (for example, connecting lands located in perpetual possession, possible only if they belong to one person).
2. The second step in merging two land plots into one will be concluding a survey agreement with a cadastral organization. This can be either a state-owned or commercial company or an individual entrepreneur. The result of the survey will be a survey plan prepared by a cadastral engineer. Before you receive the boundary plan, the cadastral company will make the necessary measurements using geodetic equipment, determine the coordinates of the combined site, then the cadastral engineer, using a special program, will prepare the boundary plan electronically and sign it with his electronic signature. It is worth considering that when surveying, boundaries are coordinated with the neighbors of adjacent areas. You can find out and calculate the cost of merging land plots, as well as select a cadastral company in your region using a free calculator for calculating the cost of merging land plots.
   

   Important! When choosing a cadastral company, pay attention to the qualifications of specialists, the availability of permits and serviceable (verified) geodetic equipment.

3. When the survey disk is ready, it must be submitted for registration to Rosreestr. As a rule, this is done through the “My Documents” MFC or through government services. Local cadastral engineers will tell you how to more easily and efficiently submit documents to the Rosreestr authorities in your area. Next, we are waiting for the results, when Rosreestr puts the new plot on cadastral registration, the job is done.

Determining the boundaries of the future site: who to contact?

To determine the boundaries of the site, you need to carry out land surveying or cadastral survey.
Both processes are fast and not very expensive. After completing these operations, you are provided with documents that contain official evidence of the size, geometry and topography of the site.

Direct communication on the topic will be carried out with a cadastral engineer - this is a specialist who will explain to you all the intricacies of the procedure and announce the price.

Cost and terms

Depending on weather conditions, season, queue for work, region, the price can range from 5,000 to 15,000 rubles. Even in the worst case scenario, the procedure will not take more than two weeks.

Deadlines for merging land plots

There are no clear deadlines for merging land plots. In essence, this is the time frame for preparing a boundary plan plus registering it with Rosreestr. If you have the necessary documentation, and if you have established communication with the neighbors of the adjacent plots, the land surveying procedure will take one to two weeks , no more. The deadline for registering a boundary plan with Rosreestr is two more weeks . However, in difficult cases, the period for merging land plots may take up to six months.

What's included in a standard documentary kit

The consolidation of lands begins with the formation of a documentary set. After which the work moves on to technical workers to develop a land surveying plan. The created entity is registered in Rosreestr.

For documentation you need to collect:

• agreements on the basis of which the land came into possession;
• certificate of ownership of the original areas;
• cadastral passport;
• consent of all owners to connect the land;
• an application to deregister old plots and establish a new plot.

Documents are accepted in Rosreestr or in a private organization with a license to carry out research, examination, measurements and determine the possibility of combining lands.

Based on the application, specialists travel to the address to conduct a study of the territory to develop a land surveying plan. The surveys are completed by engineers and technicians in one working day. It will take a week to create a graphical diagram and prepare the document.

Which land plots can be merged and which cannot?

This question is answered by Article 11.6 of the Land Code of the Russian Federation. The most important criterion for combining plots will be their contiguity. If the sections are not such, then it will not be possible to combine them into a single whole. The law allows the combination of land plots into one, owned by different persons or by one person under the right of ownership. As mentioned above, this procedure cannot be completed without the involvement of specialists. However, land plots can be provided not only on the basis of ownership, but also on the following rights:

• free use;
• permanent (indefinite) use;
• lifelong inheritable possession.

In this case, it is possible to combine adjacent land plots only if they are provided to one person. The code also contains clarification regarding plots encumbered with a lien. So, if one of the merged plots is under a lien, then after the merger this lien will fall on the newly created land plot. The type of permitted use (AUR) is an important criterion for combining plots. If the lands to be merged have different VRI (for example, one plot for private plots and another for individual housing construction), then the permitted use should be reduced to one type.

The order of combining two into one: procedure and stages

IMPORTANT! You need to request a cadastral plan of the site from the Unified State Register of Real Estate (USRN). This information is required to study the condition of the adjacent boundaries of the area. If errors are identified among the results of the last survey, you need to submit an application to correct them.

To combine any number of adjacent plots into one, the owner submits the specified documentation. List of documents for merging plots:

• This is a document proving the identity of the submitter (you can take a photocopy).
• photocopies of certificates for adjacent plots;
• cadastral certificate for the plot;
• notarized permission to form a single plot.

To issue a ruling, additional information may be required, but most often a standard package of documents is sufficient.

Sample application

To obtain permission, the owner must fill out a sample application for the consolidation of land plots. This document must contain information about the boundaries of the original territories, a list of attached papers, as well as the reason for the unification.

The document can be drawn up either on a standardized form or in free form, but it is strongly recommended that the document be drawn up in printed format.

With different permitted uses

When connecting land plots, the type of permission to use plays an important role. If it is very different, the formation procedure will not be possible. Agricultural and individual housing construction types are compatible, but industrial and forest plantations are not compatible.

In what cases is it not allowed to combine adjacent land plots:

• these territories belong to one individual or legal entity by right of hereditary ownership;
• one of the sites belongs to the owner by the right of lifelong inheritable heritage, and the second - by the right of perpetual use;
• All plots belong to the owner on a perpetual use basis.

IMPORTANT! To obtain the right to connect areas with different types of permitted use, you need to change the category of one or more of them, with the permission of the owner.

A package of documents is provided for this:

• tenant's passport;
• connection request;
• lease contract;
• cadastral certificate;
• documents for construction.

For individual housing construction, the list is supplemented by plans for the territory and building, as well as a written agreement from the owners and neighbors. After receiving permission, you need to submit documents to Rosreestr to edit data in the Unified State Register and property documents.

When the type of permitted use is changed, the owner submits the usual package of documents to form a common territory.

Areas with encumbrances

Encumbrances on a land plot are restrictions that do not allow a full range of actions to be carried out with it.
Types of encumbrances:

• easement;
• mortgage;
• long-term;
• concession;
• arrest based on a court decision;
• trust management.

Before merging sites, problems with encumbrances must be resolved, otherwise in some cases it will be impossible to combine two sites, and in some cases restrictions will apply to them.

Leased plot

If the land sites are leased, then only the lessor must deal with the connection, and the rules for combining remain the same; at the discretion of the parties, at the end of the lease agreement, the sites can be divided again.

How to combine shares of a land plot

If your land plot is divided into shares (this happens, for example, when a plot is given to large families or after registration of an inheritance), this means that it is in common shared ownership. There is no need to unite such a section - it is a single whole. But often disagreements arise between shareholders regarding the care of the land, payment of membership fees, etc. Then it is possible, through a purchase and sale agreement or a gift, to combine all the shares of the plot in the hands of one owner. Such transactions are registered with a notary and are a fairly common practice.

What is land surveying

Engineers believe that land consolidation begins with preparation for land surveying. The work consists of geodetic measurements, carried out by specialists. They may work in the cadastral chamber or belong to a private structure.

The owners do not carry out land surveying themselves; the organization must have:

• a license that authorizes the work;
• devices, equipment.

To mark the boundaries of the future site, it is necessary to comply with the technical requirements:

• for temporary data recording;
• address registration.

A legal address is assigned to an object after completion of measuring work, but before cadastral registration. Land surveying ensures the separation of plot boundaries so that conflict situations with neighbors do not arise when new points of contact are established. The land survey plan graphically reflects the created area with legal boundaries.

When the owner has such a plan in hand, he can freely dispose of the land; no one else has the right to use it at his own discretion.

Work begins upon application with the following attachment:

• applicant's passport;
• property documents;
• special condition of the earth, communication circuits, electrical cables.

Work is coordinated with neighboring owners in advance. For this purpose, written consent is required. After the necessary measurements, the engineer draws up a conclusion. The created act is signed by interested parties and participants in the procedure.

After providing the applicant with the survey results, the papers are returned to Rosreestr for final registration of the new property.

Legal disputes arising during land consolidation

The most common problem when merging land plots is a negative response in the state registration of the right to the created plot. In this case, it is necessary to request a written refusal from the regional office of Rosreestr. Next, you need to study its reasons. If they are truly justified and there is an error in the merger, it is necessary to eliminate the shortcomings and resubmit the application. However, it happens that Rosreestr unreasonably refuses registration. In this case, there are two solutions:

• appeal the action to a higher authority (a complaint against the decision of the regional Rosreestr department is submitted to the federal body of state registration, cadastre and cartography);
• appeal the decision in court by filing a claim within the framework of administrative proceedings.

Problems often arise when concluding an agreement with land owners on amalgamation. There is no legal requirement for notarization of such an agreement. However, many government agencies that you have to contact require a certified agreement. In this case, their refusals will have to be appealed, wasting money and time. Therefore, many lawyers recommend notarizing the agreement.

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