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.
Legal regulation
The procedure for transferring land rights is regulated by several legal acts. In order to properly prepare documents, you need to study the rules:
- Land Code of the Russian Federation;
- Civil Code of the Russian Federation;
- Federal Law No. 218-FZ dated July 13, 2015.
In the regions, local regulations are adopted that regulate land relations at the level of the constituent entity of the Russian Federation. They establish, among other things, the procedure in which land owned by the state and the municipality is transferred into ownership, lease and free use of plots.
Link to document:
Link to document: “On state registration of real estate”
Contract of sale
The document of purchase/sale of a house with a land plot is one of the main documents when registering a deed of gift. This document confirms the fact that the property is owned by the donor.
The purchase/sale agreement for the donated object must include the following information:
- real estate registration address (land plot with a house);
- the size of the land plot and its purpose;
- cadastral number of the property;
- living area of the house;
- the value of real estate in total and separately, if the object of the donation is a plot of land and a residential building built on it.
In this case, the contractual purchase/sale agreement must be certified by a notary.
Grounds for re-registration of a land plot
The owner of real estate has the right to dispose of his property himself. Therefore, the transfer of property can occur on the following grounds:
- conclusion of a civil contract;
- as part of inheritance;
- as a result of privatization;
- by acquisitive prescription.
The most common option is to carry out civil transactions.
If there are buildings and structures on the site, the right to them must be re-registered along with the land.
Conclusion of an agreement
Any type of real estate transaction must be reflected in a written agreement, which can be concluded either on a paid or gratuitous basis.
Compensatory contracts include:
- buying and selling;
- rent;
- menu
When transferring rights to real estate free of charge, the best option is a gift agreement. If the property is re-registered for a certain period, then a free use agreement is concluded.
Contractual relations relating to land are regulated by chapters 30-32, 34, 36 of the Civil Code of the Russian Federation.
Inheritance
If the owner of the plot dies, then his property is inherited by his legal successors. The estate will include real estate that belonged to the testator under the right of ownership or lifelong inheritable ownership.
You should know! The assignee receives the right to the soil, artificial reservoirs and vegetation located on the site.
Inheritance is carried out according to a will. If it is absent, the inheritance is transferred to the legal successor according to the law, taking into account the norms of Section 5 of the Civil Code of the Russian Federation.
Privatization
By decision of the authorized bodies, state and municipal real estate can be transferred into the ownership of citizens free of charge as part of privatization.
Its rules are established by the provisions of Art. 39.1, 39.5, 39.10 of the Land Code of the Russian Federation, Federal Laws No. 178-FZ dated December 21, 2001, No. 119-FZ dated May 1, 2016.
Acquisitive prescription
A citizen has the right to acquire land by acquisitive prescription. If he has owned real estate in good faith, openly and continuously for 15 years and used it as personal property, he can register it as his own. The right of ownership on such grounds can be transferred to the copyright holder only by a court decision.
We must remember! Acquisitive prescription does not apply to state and municipal property.
Family ties
Despite the fact that there are many options for transferring ownership of land with subsequent re-registration, when it comes to minor children under fourteen years of age, only a deed of gift is valid here. Documents about the absence of claims on the property, confirmation of payment of taxes, absence of collateral, unpaid loan, and other debts will be required. It should also be noted that the drawing up of a gift agreement takes place in the presence of a notary, and is not only certified by him; in addition, not only the donor, the current owner, but also the recipient and his representatives need to be present.
What is also important when re-registering the right to a land plot is the presence of co-owners, including those in an official marriage. If one of the spouses or other co-owners decides to make any transaction with the property, there must be a written, official, notarized consent of each participant. In the same way, you should be careful if the re-registration of a plot is carried out after its privatization.
The procedure for re-registration of a land plot
To re-register real estate, the future owner must prepare a package of documentation.
What documents should I prepare?
The list is established by law No. 218-FZ. It includes:
- One of the documents: acts of state and municipal bodies; contracts; certificate of privatization; certificate of inheritance; court decisions;
In addition to the title documents, the following documents are submitted:
- boundary and technical plans;
- site layout diagram;
- other documents.
You may need a report from an independent appraiser and an examination of the land plot.
If the old owner is married, he must obtain the consent of the spouse to complete the transaction to transfer the land. You will also need to provide certificates of registration or divorce.
In cases where the re-registration of property is entrusted to a representative, a notarized power of attorney is issued.
How to obtain title documents for land?
Before contacting Rosreestr, you need to obtain title documents for real estate.
If land is transferred as a result of a transaction, citizens can independently draw up an agreement. If difficulties arise, it is recommended to seek the help of a land law lawyer.
When transferring real estate to a relative, it is most convenient and safest to draw up a gift deed. It will allow you to avoid paying tax if the agreement is concluded between parties who belong to the first line of kinship. In addition, gifted property is not subject to division after divorce.
If you receive land by inheritance, you should contact a notary and enter into inheritance. Six months are given for this from the date of death of the testator. The right to property arises from the moment the certificate is issued.
The most difficult thing is to carry out the privatization procedure. First you need to submit documents to the territorial department of the Federal Property Management Agency or the municipality. The appeal is considered for a month. Then the land is registered in the cadastral register. The Commissioner makes a decision on privatization, on the basis of which the ownership right is subsequently registered.
If the new owner of the property decides to re-register the property by acquisitive prescription, he will need to go to court and demand recognition of ownership. After receiving the judicial act, you can apply for registration of real estate.
Where to apply for re-registration?
The re-registration of land is carried out by Rosreestr. The new owner must submit an application to enter information into the Unified State Register.
You can do this in the following ways:
- come to the registration office in person;
- instruct a representative;
- send documents by mail;
- fill out an electronic application form on the department’s Internet resource;
- contact the MFC.
After checking the documents, the application is registered by a specialist. If a citizen appears at Rosreestr or MFC in person, a receipt is issued.
The amount of the state duty and the procedure for its payment
To carry out re-registration actions, you need to pay a state fee. In accordance with paragraphs 24 – 25 of part 1 of article 333.33 of the Tax Code of the Russian Federation, the mandatory fee is 350 rubles.
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You can pay the state fee through:
- bank branch;
- Internet banking;
- State Services portal;
- terminal.
A receipt for payment of the fee is attached to the application.
Document review period
An application for re-registration of land is considered within 10 days.
The registration authority specialist enters information into the Unified State Register and issues an extract. Until July 2021, a certificate of ownership was issued. An extract from the register is currently being issued. It contains the following information:
- date of issue;
- cadastral number;
- information about the copyright holder;
- type of land right;
- presence of encumbrances;
- legal claims;
- information about legal disputes.
The document is stamped and signed by a Rosreestr employee. If the extract is sent electronically, it is certified by the registrar’s digital signature.
Collection of documents
Re-registration of land ownership rights, following the established procedure, requires preparing the following documents in advance, regardless of the option for obtaining the property:
| Name of documents | Note |
| New owner's statement | To be completed at the place of submission of documents |
| Applicant's personal passport, identification code | Copies will be needed in advance |
| Documents confirming the applicant's ownership rights | Agreement of purchase and sale, exchange, rent, gift, will, certificate of inheritance, act of granting land by a government agency, certificate from the household register, others |
| Cadastral passport and plan | If the land plot is not registered in the cadastral register and does not have an individual number, you must first address this issue |
| Documents on clear boundaries of the territory | Land surveying service must be pre-ordered |
| Written consent to re-register an apartment on behalf of the spouse or other co-owners | It must be drawn up in a notary's office. Moreover, if there are incapacitated or minor co-owners, the consent of the social service or guardianship authorities will be required, respectively |
What lands cannot be re-registered?
There are areas that are limited in circulation. They cannot be re-registered to another person.
Cannot be alienated:
- specially protected areas;
- forest fund lands;
- areas with federal and regional water bodies;
- Indigenous heritage and lands of cultural significance;
- objects used for the protection and security of the country's territory;
- territories of airports, train stations, terminals;
- areas used by communications organizations;
- lands with space infrastructure;
- territories where toxic substances and narcotic drugs are produced.
In exceptional cases, upon obtaining the consent of state authorities, alienation of these plots is allowed.
Terms of a transaction
Since a minor cannot independently complete a transaction, in order to receive real estate as a gift, mandatory consent from the parents or persons replacing them is required.
Attention! Even if the donation of a land plot is made by a relative, for example, an uncle, but the child’s parents do not give consent, the transaction will not take place.
Moreover, the nature of the transaction depends on the age of the recipient . If he is under 14 years old, then his parents take over the property instead. If it is more than 14, then the minor himself receives the gift, and only written consent is required from the parents.
Do you want to donate a plot of land without a house or buildings? Find out the nuances of the process from our article!
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
How to re-register a plot in the event of the death of the owner?
If the owner of a land plot passes away and does not leave a will, then his property is distributed according to the right of inheritance. The order of inheritance is regulated by civil law.
If controversial issues or quarrels arise between relatives, registration can be done as follows:
- the method of shared ownership (distribution of ownership between several owners);
- by purchasing all shares by one heir (re-registration for one);
- voluntary renunciation of all heirs in favor of one;
- by redemption by some heirs.
If the plot, after the death of the owner, was not re-registered, then it is considered that all relatives own it in equal parts, without distribution of shares.
To legalize the re-registration, you should contact the multifunctional center (MFC), having in hand the title documents for the land, as well as documents confirming the right of inheritance. The state duty for re-registration will also be 2 thousand rubles.
Similarly, if the land is re-registered in the name of a relative, it is better to choose the option of a gratuitous gift agreement. It will allow the applicant to save time and money.
To make sure that you have a complete list of documents on hand, it is better to sign up for a consultation at the MFC in advance. There you will also receive details for paying the state fee and the exact time for receiving documents.
Advantages of a gift agreement over a will
If the owner of a land plot decides to transfer it to a relative, then the choice, as a rule, is between two procedures: donation and will. Of course, you can also register a purchase and sale, but this process is more complicated. Therefore, let’s look at the advantages of a gift over a will.
- A will can be contested, but a gift agreement cannot. In rare cases, it is possible to challenge a gift if the act was committed under duress or in a state where the person is not responsible for his actions.
- When donating land to a relative, you do not need to pay a fee. When making a will, you will have to pay tax.
- The donation agreement comes into force from the moment it is signed, and the will only after the death of the testator.
However, you need to keep in mind that you can only give property to a person whom you completely trust, or you have the intention of transferring the plot right away.
Example. Citizen Suprunova wanted her dacha to pass to her granddaughter after her death. But she understood that, according to the law, the girl would not be able to inherit the land, and if she executed a will, then numerous relatives would be able to contest it. Therefore, she issued a deed of gift for her granddaughter, as a result of which the country plot became the property of the girl. The granddaughter had a verbal agreement with her grandmother that nothing would change at the dacha while she was alive. She kept her promise and began renovating the country house a year after her grandmother's death.
