With the adoption of the Constitution of the Russian Federation in 1993, citizens and organizations have the right to acquire federal or municipal land as their own. And in 1997, the Land Code was introduced, containing land use rules. But in our country, legislative acts are constantly undergoing changes, and in order to purchase land from state property, you need to have current information for 2021 and know all the nuances of acquiring land.
The problem is that many Internet portals contain outdated or unreliable information, due to which citizens cannot obtain plots of land even on a paid basis and correctly register their ownership.
This article contains information about in what cases state-owned plots can be purchased, how the purchase procedure occurs, how much it will cost and how to calculate. We will also provide step-by-step instructions describing each stage.
Buying out a plot of land: when is it possible?
Chapter 5.1 of the Land Code of the Russian Federation is devoted to the purchase of land plots from federal and municipal property. So in Art. 39.1 of the said act states that on the basis of a purchase and sale agreement (hereinafter referred to as the SPA), it is possible to obtain land into private ownership. This opportunity is provided to all Russian citizens, individual entrepreneurs and legal entities, subject to certain conditions.
You may be interested in: what is needed to formalize the purchase of land.
Conditions for purchasing land from state and municipal property:
- No restrictions on the purchase of land.
- The use of land must be carried out in accordance with its purpose and type of permitted use.
- Participation in the auction, and in some cases the redemption is carried out without bidding for a fixed amount.
- Land surveying and cadastral registration is carried out at the expense of the buyer.
Let's look at each point in more detail.
Only those plots that are not withdrawn from circulation or are not limited can become private property. These include forest lands (find out how to conclude a lease agreement for a forest plot), territories on which objects that are strategically important for the country or objects that pose a threat of harm are located - for example, the production of poisons, drugs and similar substances. Also, the state does not transfer lands located on the border to citizens.
An important point when purchasing land is to use the site for its intended purpose. Those. if you bought a land plot for building a house, but actually built a store there or are carrying out other commercial activities, then the Administration, represented by a land inspector, can hold you administratively liable, up to and including confiscation of the land. Thus, when planning to purchase land, you should pay attention to the category and type of permitted use.
As for the purchasing method, there are 2 of them:
- Through an auction, participating in bidding.
- No bidding.
Bidding for the sale of state property is held like all auctions. There is a lot and several participants who place bids. The one who gives the larger amount will be the new owner of the land. This method of redemption is provided in most cases for organizations and sometimes for citizens.
As for the second option, the repurchase is made at a fixed price if:
- The land plot was previously leased or used indefinitely.
- The site was formed during the division of land for dacha farming, for individual housing construction, and integrated development of the territory (provided that previously the land was provided to non-profit partnerships).
- There is an object on the site owned by the buyer.
- The site is intended for individual housing construction, private household plots, peasant farms, SNT, DNT.
This is not the entire list of grounds for purchasing land without bidding - in total, the Land Code specifies 11 grounds for purchasing land without an auction. Detailed information is contained in Art. 39.3 of the Land Code of the Russian Federation.
One of the important points when purchasing a land plot is cadastral registration. Every meter of land in private hands must be registered with Rosreestr. But there is no such provision in the legislation regarding state lands. And today, most lands are not taken into account and do not have coordinates. Therefore, when purchasing a plot of land, the future owner is obliged to carry out land surveying and register the plot in the Real Estate Register at his own expense.
Thus, if construction projects are located on the purchased plot or this land has already been leased, then the future owner carries out land surveying and the cadastral engineer transmits the data to Rosreestr. And in the case of the purchase of a initially formed plot, it is necessary to draw up a layout diagram yourself (if the land plot is outside the populated area) or by a cadastral specialist (if on the territory of the populated area). The resulting scheme is approved by the administration and, after approval, the future owner carries out land surveying in accordance with the regulations, registers the land with Rosreestr and buys the newly formed plot.
If the buyer is ready to comply with all points, then he can contact the local government authority - the Administration. After all, all citizens’ appeals on land issues are considered at the local level. A decision will be made there whether to sell the land or not.
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LLC "NTVP "Kedr - Consultant" » Services » Legal consultations » Land issues: plots, boundaries » On the procedure for purchasing a land plot from a private person for road construction
Applicant K. is the owner of the house and land plot where the road construction is planned, as a result of which the land plot may be confiscated.
Applicant's question : what is the procedure for purchasing a land plot for state and municipal needs.
Lawyer's answer.
The seizure and redemption of a land plot for state and municipal needs is determined by Art. 279 of the Civil Code of the Russian Federation (Seizure of a land plot for state or municipal needs), while a land plot can be seized from the owner for state or municipal needs through redemption. In accordance with Art. 5. 279 of the Civil Code of the Russian Federation, the owner of the land plot must be notified of the decision made to seize the land plot for state or municipal needs. The notification procedure is described in paragraph 10 of Art. 56.6. Land Code of the Russian Federation (Decision on seizure of land plots for state or municipal needs).
Depending on whose needs the land is being seized, the purchase is carried out by the Russian Federation, the corresponding subject of the Russian Federation or a municipal entity.
The decision to seize a land plot for state or municipal needs is made by federal executive authorities, executive authorities of a constituent entity of the Russian Federation or local government authorities.
The owner of a land plot must be notified in writing by the body that made the decision on the seizure no later than one year before the upcoming seizure of the land plot. The purchase of a land plot before the expiration of a year from the date the owner receives such notice is permitted only with the consent of the owner.
The decision of a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body to seize a land plot for state or municipal needs is subject to state registration with the body that registers rights to the land plot. The owner of the land plot must be notified of the registration, indicating its date.
According to Art. 281 of the Civil Code of the Russian Federation, payment for a land plot seized for state or municipal needs (redemption price), terms and other conditions of redemption are determined by agreement with the owner of the plot. The agreement includes the obligation of the Russian Federation, a constituent entity of the Russian Federation or a municipal entity to pay the redemption price for the seized plot.
When determining the redemption price, it includes the market value of the land plot and the real estate located on it, as well as all losses caused to the owner by the seizure of the land plot, including losses that he incurs in connection with the early termination of his obligations to third parties, including lost benefit.
By agreement with the owner, he may be provided with another plot of land in exchange for the plot seized for state or municipal needs, with its value included in the redemption price.
By virtue of Art. 282, if the owner does not agree with the decision to confiscate a land plot from him for state or municipal needs, or an agreement has not been reached with him on the redemption price or other terms of redemption, the federal executive body, the executive body of the constituent entity of the Russian Federation or the local government body, whoever makes such a decision may bring a claim for redemption of the land plot in court. A claim for the purchase of a land plot for state or municipal needs may be brought within three years from the date of sending the notice specified in paragraph 3 of Article 279 of this Code to the owner of the plot.
Olga Pavlovna Khodyreva, legal consultant at Izhmebel PA
Consultation was given in November 2014.
Step-by-step instruction
Purchasing state-owned land is somewhat different from buying and selling plots between owners. However, this method of purchasing real estate is much safer. After all, when buying federal or municipal land, you can be sure that it has one owner - the state, and after the conclusion of the DCT, no pitfalls will appear.
If the purchase of a private property starts with browsing bulletin boards, then you will find public real estate directly at the Municipal Administration. Also, if redemption is possible only through an auction, then you can use the official website containing information about the auction - https://torgi.gov.ru.
Having selected a plot to purchase, you can proceed to the redemption procedure.
Submitting an application
The future owner submits an application for the provision of land for a fee or for admission to the auction to the local government body.
The statement states:
- Name of the authority.
- The applicant's full name, address and telephone number.
- The purpose of the application is to provide ownership of the land plot for a fee.
- Details of the requested plot - category, intended purpose, address, area, cadastral number.
- Purpose of using the memory.
Sample application for the purchase of land
application for an auction
You can submit a completed application yourself, by mail or through a representative. The MFC also helps citizens with many requests. You can write an application and hand over a package of documents to an employee of the local center.
However, contacting the head of the Administration directly remains the most relevant way. Because “on the spot” they can immediately tell you about the missing documents or even tell you whether you have a chance of purchasing the requested land.
Documentation
The following documents must be provided with the application:
- A copy of the applicant's passport.
- Power of attorney and a copy of the passport of the authorized person (if applying through a representative).
- Lease agreement, free use (if any).
- Documents for registered real estate located on the site (if any).
For legal entities, the package of documents looks like this:
- A copy of the representative's passport.
- Power of attorney.
- Certificate of state registration (copy).
- A copy of the charter.
You can also provide a cadastral passport of the land plot, an extract from the Unified State Register of Real Estate, a map of the plot and any documents that may influence the Administration’s decision to sell the plot to you.
Answer
After the documents are accepted, your application must be reviewed no later than 30 days. The local government will make a decision and notify you in writing. The answer may be positive - the redemption is approved or you are allowed to participate in the auction, or negative - a refusal to buy back or participate in the auction.
Reasons for refusal:
- A person who does not have the right to repurchase has applied.
- There were errors in the application.
- Relevant documents were not provided.
- On the land plot there are buildings belonging to a municipality, a constituent entity of the Russian Federation or the Russian Federation.
- The memory is in use by another person or is intended for the state. needs.
- Provided by legal. person to develop the territory.
- The memory has been withdrawn or limited from circulation.
- The auction was held in violation.
Of course, when the refusal occurred due to the inattention of the applicant, then no disputes arise. But if such a response is not justified or you have doubts, you can always appeal it. There are 2 options for this:
- pre-trial – resolving the issue by contacting the administration;
- judicial - filing a claim in court.
Before starting disputes with the Administration, describe your situation in the chat on the right. Our specialist will study it and help you choose a rational way to solve the problem absolutely free of charge.
Conclusion of an agreement
After a positive decision from the administration or victory at the auction, the Administration provides the applicant with a purchase and sale agreement for the land plot. Having signed such an agreement, the buyer can contact Rosreestr and register ownership of the land.
Registration in Rosreestr
By signing the contract, the buyer acquired the right to register the purchased land as ownership. To do this, he provides his passport and DCT to the territorial office of Rosreestr. However, this government service is not free. For registration of ownership of a land plot, a state fee of 350 rubles is provided. (clause 24. clause 1 of article 333.33 of the Tax Code of the Russian Federation). It is not necessary to provide a receipt, but if payment is not received, then you will not receive a USRN extract confirming your rights.
Price for land plots
The purchase price of a land plot or the rental price is regulated and determined by a regulatory act of a subject of the Federation or a local government body.
Below we consider the procedure for determining the redemption price of a land plot for Moscow and the Moscow region.
Purchase of land plots in Moscow
As a general rule, in the city of Moscow, land plots on which real estate objects are located, as well as plots granted ownership by way of re-registration of the right of permanent perpetual use, are granted ownership for one hundred percent of the cadastral value of the plot.
Federal legislation establishes the following preferential regimes for determining the redemption price.
Purchase price of the memory
State land is always more attractive for purchase. This is due not only to the legal purity of the site, but also to its price. As a rule, such land is much cheaper than that of private owners.
Currently, it is possible to purchase land at the cadastral value (CV), below it, or based on the results of auctions. The latter does not require detailed description. Since the price for the plot is set by the buyer himself.
As for repurchase at a price below KS, the law establishes:
- 50% of the CS for disabled people and pensioners.
- From 20% to 60% for tenants of purchased land plots.
- 80% for redemption with a change in category or purpose of storage.
For citizens who have used the memory for more than 10 years and who own a cap. buildings on the purchased plot, the cost can be reduced to 2.5%.
Arbitrage practice
Unfortunately, in practice there are often unlawful refusals to grant ownership of land plots. An example is the case of the Altai Regional Court, considered in 2021.
The plaintiff filed a lawsuit against the Barnaul City Duma with a demand to recognize the illegal provisions of the Rules for Land Use and Development of the City District regarding the land plot classified as a sanitary protection zone.
The lawsuit states that the plaintiff used the land plot and the house built on it without permission for a long time. Previously, he appealed to the Land Resources Committee and asked to provide ownership of the land being used. However, the plaintiff received a refusal, justified by the fact that this land plot is located on the territory of the sanitary protection zone of the Northern Industrial District. According to the provisions of Russian legislation, the construction of residential buildings on the territory of such zones is prohibited.
However, the project of protective zones was not developed and the corresponding conclusion of the chief sanitary doctor of the Altai Territory was not issued. Thus, the court found that the land plot does not belong to the sanitary protection zone of the Northern Industrial Region and the provisions of the Land Use Rules are invalid. Those. the claim was satisfied. The provisions of the rules regarding the location of protective zones are not valid. And the plaintiff can re-apply to buy out the land plot and legalize the built house.
