Lawyer for registration of land use rights

Any rights to a land plot must be legalized.

Such rights are subject to state registration by Rosreestr authorities. Registration of the right to use a land plot, the ownership of which belongs to another person, is carried out in any region of Russia, regardless of the location of the land plot.

The complex of registration actions consists of several stages and includes the registrar checking many aspects, starting from the content of documents and ending with the intended purpose and type of permitted use of the land.

What types of land use are there?

Rights to a land plot can take the following forms:

Rent. The most common form of legalization, which can be used by both citizens and companies for a fee under the conditions specified in the contract;
Easement. This is a restriction of the right to use land by a person who is not its owner, but has legal grounds for this (for example, the right to place a gas pipeline, water supply; right of passage);
Free use on an urgent basis. This is the rarest type of legal relationship that arises when an agreement is concluded and the land is the property of its parties;
Permanent (indefinite) use and the right of lifelong inheritable ownership of land. These types of rights are available only to persons who received such a privilege before 2001, that is, before the adoption of the Land Code of the Russian Federation. Now the land is not formalized in this way, and these forms are gradually losing their relevance.

How can I submit documents for registration?

The land can be registered and registered at the local branch of the state registration service. The application is submitted personally to employees of the government agency or compiled on the Rosreestr website.

You can also submit an application through the Multifunctional Center. The list of documents and the amount of the state duty are identical to the conditions for registration in Rosreestr. However, preparing the documentation will take longer.

The State Services Portal performs functions similar to the MFC, but on the Internet.

ADVICE! Only registered users can apply through the site.

When registration is not required

Legalization by entering data into the register is always necessary if this is expressly stated in the law. In particular, the obligation applies to lease agreements and land easement agreements. However, there are exceptions. Registration is not required if the term of the lease agreement does not exceed one year or is concluded for an indefinite period.

The copyright holder who received land for use before January 1998 is also not required to go through the registration procedure, but can do this at his own discretion. Such a right is called pre-existing. However, the lack of state registration of a previously arisen right creates certain risks for the copyright holder. Avoidance of mandatory state registration of a previously acquired right to land does not give rise to legally significant consequences for third parties. That is, the actual owner will not be able to prove his status and protect his interest. In addition, counterparties may be required to take legalization actions in court.

Nuances of registration - government agencies, cost, etc.

The procedure for registering land ownership is quite an expensive undertaking, so we advise you to be patient and have money.

At the end of the article, it would not be out of place to note some nuances of the process of registering land plots as property in Russia:

Many people are interested in the question of how expensive the registration process will be. It is worth noting that if you have the entire list of documents, it is formally free, with the exception of mandatory payments (office fees, state fees, etc.). The amount of state fees varies from 300 to 22,000 rubles. If it is necessary to obtain a cadastral passport, you will also need to resort to paying for the services of special organizations for land surveying (from 5,000 to 25,000 rubles). Turning to a lawyer for help will also incur some expenses (consultation - from 500 to 5,000 rubles, full assistance in registration - from 3,000 to 9,000 rubles).
To register, you must contact Rosreestr or the Multifunctional Center at your place of residence. You may also need to contact the Housing and Property Department, the Cadastral Chamber, the BTI and some other government agencies to obtain the necessary documents.
The issuance of a certificate of title has not been carried out since July 2021. However, after 10 days after submitting all the documents and the application for registration of the land plot, the owner will be able to receive an extract from the Unified State Register (the local Rosreestr, a multiple procedure).

In general, registering land ownership is a simple procedure, but it is slightly confusing and requires some attention.

Having dealt with all the nuances of holding the event, within two weeks you can legally formalize your right to complete disposal of some land. When registering, do not forget to refer to the legislation of the Russian Federation, and if controversial situations arise, consult a lawyer.

You can learn more about registering land ownership by watching the video:

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What are the stages of the procedure for legalizing the right to use land?

Registration of the right to use a land plot begins with the preparation of documents, including drawing up an application and paying the state fee. A legal examination is carried out to determine the reliability and completeness of the information and the compliance of the transaction with the law. After submitting documents for registration, the registrar checks whether there are any contradictions related to the right to use a specific object. After this, the updated data is entered into the Unified State Register of Real Estate, and the applicant receives confirmation of registration in the form of an extract. From this moment on, land rights are considered legal. Refusal to register or suspension entails additional stages, including defending interests in the appeal commission of Rosreestr and the court.

POSITION of the Russian Union of Industrialists and Entrepreneurs on the issue of re-registration of the right of permanent (indefinite) use of land plots in state or municipal ownership

The Russian Union of Industrialists and Entrepreneurs has always considered it necessary to provide economic entities with optimal conditions and procedures for re-registering the right of permanent (perpetual) use to land plots under private enterprises that are in state or municipal ownership. Currently, in accordance with the Federal Law “On the Entry into Force of the Land Code of the Russian Federation”, commercial organizations and individual entrepreneurs who are the owners of buildings, structures, structures located on land plots that are in state or municipal ownership, if these buildings, structures, structures were alienated from state or municipal property, are obliged until January 1, 2012. re-register the right of permanent (perpetual) use of such plots to the right of lease or acquire land plots into ownership. The specified period during which land users are obliged to re-register the right of permanent (unlimited) use, which is not provided for by the Land Code of the Russian Federation, has been repeatedly postponed, including at the suggestion of the RSPP. However, not all organizations were able to complete the procedures for re-registration of rights to land plots. The main reasons that did not allow the re-registration procedures to be completed to date were the lack of real incentives, including those related to the threat of an increase in the fiscal burden on users who did not re-register their plots on time, as well as the insufficiency of working capital of companies and administrative barriers that remained in this area . In order to accelerate and stimulate the re-registration of land rights under private enterprises, the RSPP prepared and sent proposals on this issue to the Ministry of Economic Development of Russia, and also presented them at a meeting with the First Deputy Chairman of the Government of the Russian Federation I.I. Shuvalov. The RUIE's proposals are mainly taken into account in the Federal Law of July 18, 2011. No. 214-FZ “On Amendments to Articles 13 and 14 of the Federal Law “On Promoting the Development of Housing Construction” and certain legislative acts of the Russian Federation” and contribute to solving these problems. In particular, in accordance with the provisions of this Federal Law: - the possibility of purchasing land plots is established at the preferential prices provided for in Article 2 of the Federal Law “On the Entry into Force of the Land Code of the Russian Federation” even after January 1, 2012 for persons who re-registered before this date the right to permanent (indefinite) use of land plots for lease; — the procedure for re-registration of the right to permanent (perpetual) use of land plots has been simplified: the applicant’s obligation to provide a cadastral passport has been eliminated, while his right to provide a cadastral extract has been secured, while the executive body of state power or local government body is prohibited from refusing to make a decision on the provision of land plots and the conclusion of an agreement purchase and sale or lease agreement in relation to such land; - it is prohibited to suspend the state registration of rights to a land plot when re-registering the right of permanent (perpetual) use if the state real estate cadastre in relation to such a land plot does not contain cadastral information on the coordinates of the characteristic points of the boundaries of such a land plot or one of the boundaries of such a land plot crosses one from the boundaries of another land plot in accordance with information about the latter entered into the state real estate cadastre. In addition, the order of the Ministry of Economic Development of Russia dated September 13, 2011 No. 475 “On approval of the list of documents required for the acquisition of rights to a land plot” established an exhaustive list of documents necessary for the acquisition of rights to a land plot, providing for, in the event of re-registration of a permanent (perpetual) right use the right of the applicant to provide a cadastral extract instead of a cadastral passport. The Russian Union of Industrialists and Entrepreneurs supports these innovations aimed at improving legislative regulation in the field of re-registration of rights to land plots under private enterprises. At the same time, according to the RSPP, until recently there remained obvious difficulties in re-registering the right of permanent (perpetual) use of a land plot to a lease right. It must be taken into account that the specified Federal Law of July 18, 2011. No. 214-FZ was published and came into force on July 22, 2011, while the corresponding order of the Russian Ministry of Economic Development was registered by the Russian Ministry of Justice only on September 30, 2011 and came into force on October 15, 2011. Under these conditions, local opportunities remained for making unfounded decisions to refuse to grant rights to land plots. In the current situation, economic entities were actually only able to take advantage of the new mechanism only from the second half of October 2011, which provided, among other things, for a simplified procedure for re-registering the right to use a land plot. Taking into account the above, the RSPP considers it appropriate to establish reasonable deadlines for completing the procedures for the simplified re-registration of the right to permanent (indefinite) use of a land plot for the right to lease. It is necessary to legislate the obligation of a legal entity to complete, before July 1, 2012, the re-registration of permanent (perpetual) use of a land plot for the right to lease, while at the same time preserving for land users who have fulfilled this requirement the opportunity for subsequent purchase of the land plot at preferential prices.

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In the court of first instance, it was possible to defend the interests of the Principal in the claim of the DGI of Moscow to recognize the ownership of the land plot as absent. According to the DGI of Moscow, the Principal’s plot is located within the city of Moscow (Zelenograd Autonomous Okrug), was not alienated by Moscow to third parties and crosses the boundaries of other land plots owned ... Read more

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General requirements for documents

In the process of registering land ownership, it is important not only to collect the necessary papers, but also to correctly submit them. The general requirements for documents submitted to Rosreestr are as follows:

The application for ownership is submitted in its original condition (original).
Documents certifying a citizen's right to own any land are also provided in their original condition (original) and in a limited quantity (usually 2 copies).
The remaining documents are provided in both the original and certified copies.
The cadastral plan (passport) may not be provided if it was previously included in the receipt of other title documents for this owner and this land plot in Rosreestr.
For a legal entity, it is also important to provide copies and originals of the constituent set of papers, certificates from the Unified State Register (for legal entities), tax certificates, powers of attorney, and so on.

It is worth understanding that the government agency will not accept documents that contain many abbreviations in the names, are written in illegible handwriting, have additions/strikeouts, external damage and other defects.

Step-by-step instruction

At the beginning of the process, it is necessary to prepare documents. Their preparation is quite simple and for all methods of re-registration a similar regulatory set is used (the nuances will be discussed separately). The package of documents consists of:

passports;
title document;
cadastral passport of the plot.

These documents are attached when submitting an application to the local government body to the chairman of the executive committee or his deputy for land use management (if such a position exists in your department). After considering your question and the decision adopted, you will be issued a certificate of recognition of ownership.

The exception is cases when the re-registration of rights is carried out through re-registration. Here you will not need to contact the administration, and the entire process will be carried out by cadastral service specialists.

The act must be attached to the rest of the documents, the state fee for registration services must be paid and your property rights must be registered.

The state fee for paying for registration is:

When re-registering land rights – 350 rubles.
When re-registering for another person – 2,000 rubles.
Upon entry into inheritance rights - 2,000 rubles.

Details for paying the state fee can be found at the cadastre office or on the official website of the local branch of your region. You can pay the fee either at any Sberbank branch or through its terminal.

The re-registration processing time is minimal. They include the period of 30-45 days required for consideration of your issue by the administrative commission. Registration of rights is carried out within 21 working days . The timing of collecting documents, accordingly, depends on you.

Consequences of not re-registering

A land plot that has not been re-registered as a property cannot be the subject of property relations; moreover, it cannot be inherited. There are frequent cases when lands adjacent to a residential building were seized in favor of the municipality under the right of ownership of an economic entity.

Despite the fact that this land legislation does not provide for the seizure of land from land users who do not have property rights, it deprives them of the right to dispose of land property.

A special situation exists for legal entities that have land under their control on the basis of the previously listed rights of use. At the moment, according to existing legislation, they were obliged to re-register them as property or enter into a lease agreement with the municipality. Ignoring these legal provisions can result in unpredictable consequences.

By free transfer

One of the reasons for re-registration of a land plot is its transfer by the owner to a close person free of charge through the execution of a gift agreement with a notary. This is the most simplified option for transferring rights, requiring a minimum package of documents, time and does not provide for taxation for the donor, since the latter does not receive any profit. This method of transfer is most relevant between parents and their children, where the fact of sale appears extremely rarely. This is especially true for land that is used for agriculture.

In addition, this option for re-registration of property rights is very reliable, because the donor can terminate the gift agreement at any time until the recipient has completed the procedure for re-registration of his rights. For the recipient, this is also a profitable option, because he not only becomes the owner of the land plot free of charge, but also in the event of a divorce from his spouse, this property will not be divided by law.

As for documents, you only need a passport, cadastral papers and the deed of gift itself, certified by a notary.

For what reasons can they refuse?

Registration of a land plot may be refused. A negative decision is made in writing.

The owner receives a refusal from the civil service in the following cases:

the applicant does not have rights to real estate;
an encumbrance or injunction against registration has been imposed on the site;
lack of list or incorrect documentation.

If a refusal is received, the owner has the right to challenge the decision in court. However, if a citizen tries to register ownership of land belonging to a protected area, Rosreestr does not approve the application. In this case, it is useless to challenge the decision in court.