How to prepare an application for privatization

What it is?

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Privatization, in essence, is the same as the transfer of land into ownership. However, in this case we are talking about municipal lands, which are most often registered with local authorities.

During this procedure, a documentary re-registration of ownership of one (or more) individual is carried out.

In this case, the citizen must use the site for a long time and have real estate on it that belongs to him.

Law

The Federal Law “On Dacha Amnesty” made some changes to the Land Code of the Russian Federation. They made it possible to streamline relations in the system of transferring property rights to citizens.

Only after the adoption of these amendments, the procedure for the privatization of municipal plots began to be carried out legally. Before this, citizens had to use alternative methods to obtain ownership of the allocated land.

Also, the process of privatization of land plots is regulated by:

• Federal Law No. 178 on privatization;
• Federal Law No. 122 on state registration;
• Land Code.

According to the first legislative document on the list, all plots on which real estate owned by citizens is located must be either privatized or leased. According to it, refusal to privatize by way of buyout can be announced only in strictly specified cases.

How does the registration of a summer cottage take place?

Privatization involves the free transfer of state property into the ownership of citizens and organizations.

They were intended not so much for construction work and maintenance of residential buildings and household structures. but also for farming. So. A further milestone is considered to be an application to study the plan for allocating a plot of land to a business entity.

If the housing belongs to the state, the local branch of the Federal Property Management Agency is responsible for receiving and processing privatization documents.

The applicant at his place of work, on the basis of a warrant for a family of four people, was provided with a four-room apartment. Labor relations with the organization that provided the apartment were terminated. Despite this, the applicant and his family live in this apartment.

If the housing belongs to the state, the local branch of the Federal Property Management Agency is responsible for receiving and processing privatization documents.

If there are no technical and cadastral documents for the plot and/or house, then first of all you need to contact the territorial cadastral service with an application for land surveying. The service will carry out technical work, as a result of which you will be issued cadastral documents and/or changes will be made to existing ones among such documents.

To privatize a land plot, it is necessary to survey it and register it with the state cadastral register.

The privatization of dacha lands used under the right of perpetual use and hereditary ownership will also be free, regardless of the date of provision of such lands.

It is advisable to privatize the “communal apartment” as a single piece of real estate, the ownership of which will be registered in shares corresponding to the size of each room.

It is possible that the sample for filling out the application can be changed in different regions of the country, taking into account the peculiarities of the legislation of these regions.

Privatization of land

To carry out privatization of a land plot, it is necessary that it meet certain parameters. Few people know that you can register ownership not only of a plot with a private house, but also of other types of land, including under a garage and even under a high-rise building.

Under a private house

You can get a plot of land for a private house for use on the basis of the privatization law. In addition, a citizen has the opportunity to obtain a long-term lease. In this case, the building itself can be obtained in any way.

The main thing is that the house has documentation that meets legal requirements.

With home

If a citizen has residential real estate, he has the right to submit an application to the local administration for the transfer of property. In this case, he can receive the land located under his house, along with other private buildings belonging to him.

On average, it takes about two weeks to consider this issue. At the end of the specified period, a verdict is made on the possibility of privatization, after which documents can be drawn up.

In a gardening partnership

Those who own a house in a garden association are luckier than other owners of residential buildings. The fact is that with the adoption of the “Dacha Amnesty” in 2020, the process of registering such houses has become much easier. To do this, just submit an application to the district administration.

For rent

Not all tenants can obtain ownership of a plot of land. This right is available only to those who executed an agreement before the privatization law came into effect. This provision is indicated in articles 20 and 21 of the legislative document.

According to them, only those citizens who received a plot of land free of charge before the document came into force have the right to a free procedure.

Under the garage

To privatize the land under the garage, you will need to provide proof that the building is owned. It is enough to register the garage. After this, all that remains is to carry out cadastral accounting procedures.

Under an apartment building

If the residents of a high-rise building want to privatize the land under their house, they will need to hold a meeting. At the event, you need to elect the chairman of the HOA. It is he who will deal with the registration of property and in the future resolve important issues.

An application for privatization is submitted to local authorities. After this, a BTI examination is carried out, which will make it possible to identify the boundaries of the privatized site.

At the end of the procedure, a cadastral passport of the land owned by the residents of the house is issued.

Find out where to start privatizing an apartment. What is the required list of documents for privatization? See here.

Sample application for land privatization

Most Russian citizens do not have legal skills and have little understanding of the specifics of drawing up such documents. In this case, you should not try to draw up a statement on your own; contact a lawyer.

. If you don’t have the funds to hire a specialist, find a sample of a ready-made application and use it to create your own application.

It is possible that the sample for filling out the application can be changed in different regions of the country, taking into account the peculiarities of the legislation of these regions.

Expert advice is that before writing an application, find samples on the official website of the administration of the settlement or region, so as not to rewrite and waste time correcting your own version of the application.

Registration procedure

Registration of land ownership through privatization can be carried out in several ways:

1. By purchasing the plot.
2. Through free privatization in a simplified or administrative manner.
3. Through the courts after the relevant decision has been made.

The step-by-step instructions for free privatization are quite simple. The entire operation can be carried out in five stages:

1. Collection of all necessary documents.
2. Submission of papers.
3. Cadastral registration.
4. Obtaining a decision from the authorized body.
5. Registration of property.

Required documents

In 2020, to undergo privatization, a citizen will need to collect the following documents:

1. Application for free privatization.
2. Passport.
3. Notarized consent of the spouse (if the applicant is married).
4. Papers establishing the right to use the site.
5. Cadastral passport of the plot and extract from the Unified State Register. If necessary, confirmation of the absence of a number will be required.

Also, if the land was received free of charge for a period of 6 years, you will need to draw up an additional statement waiving this right.

Large families, in addition to the above, must submit a document confirming the existence of conditions allowing them to receive land.

Statement

An application for land privatization does not have a clearly defined form. However, there is a list of information that must be contained in the document.

So, the paper must indicate:

1. Personal data of the applicant, as well as all family members.
2. The grounds on which a citizen can own a plot of land.
3. Request for a free method of re-registration.
4. Boundary data.

After this, the document must be signed by all citizens who have expressed a desire to privatize the specified plot. If a citizen does not know where to start, he can draw up an application using the sample.

A sample application for privatization of a land plot is here.

Is it possible by proxy?

It is possible to transfer documents by proxy. To do this, you will need to draw up a trust document and have it certified by a notary.

Its content must indicate that the citizen gives the right to a third party to carry out actions on his behalf.

A sample power of attorney for privatization is here.

Claim for recognition of ownership rights

In some cases, when the situation is ambiguous or the application for privatization is refused by the local municipality or administration, in order to carry out this procedure, you will have to file a claim in court. In many respects, how qualified and legally competent the claim is drawn up will depend on what decision the court will make

.
In accordance with Article 221 of the Code of Civil Procedure of the Russian Federation, the plaintiff will be deprived of the opportunity to file a repeated claim on the same issue in a judicial body, therefore, the preparation of a statement of claim for recognition of ownership rights should be treated extremely responsibly. The claim must contain the following information:

• the name of the judicial authority to which the claim will be sent;
• full personal identification data of the parties, including full name or organization name, addresses and contact details;
• description of the disputed real estate, including cadastral registration number, area and location address;
• the grounds according to which the plaintiff has the right to privatization;
• a description of the actions or negligent inaction on the part of the defendant, as a result of which the plaintiff had to go to court;
• references to regulations of the current legislation confirming the legality of the applicant’s requirements;
• requirements against the defendant set out in the operative part of the claim;
• date of compilation and personal signature of the plaintiff.

An example of how the document should look:

Important! When going to court, it is necessary to take into account the territorial jurisdiction, which is determined by the location of the land ownership - the disputed real estate.

Additionally, the following documents will be required:

1. A receipt confirming payment of the state duty.
2. Documentary evidence of the facts presented in the claim. These may be documents, to one degree or another, confirming ownership.
3. Power of attorney, if another person represents the interests of the plaintiff.

A statement of claim for recognition of ownership of a land plot, the sample of which has been reviewed, is sent to the district or city court.

Privatization of land is the procedure of transferring it from state ownership to private ownership. According to Russian laws, every citizen of the country has the right to privatize a plot of land for free once.

Confirmation of this information is stated in the Land Code of the Russian Federation and in Federal Law No. 137, which was ratified in 2001 by the Duma. To resolve all controversial issues regarding privatization, a new Federal Law No. 171 with explanations was issued in 2020.

Registration of ownership

The final stage of privatization is the registration of property rights. This procedure is carried out by the Register branch located at the address of the privatized plot.

The following must be submitted to the registration authorities:

• statement;
• passport of the citizen who submitted the application;
• municipal decision on the possibility of providing a site for privatization;
• receipt of payment of state duty.

If the documents are drawn up correctly, the citizen will receive an extract from the Unified State Register of Real Estate, which will confirm the completion of registration. Typically, checking papers and drawing up an extract takes no more than 10 days.

Where to write an application for privatization of a land plot under a garage

Copies of all acts of government bodies confirming rights to land and garage must be attached to the application. Privatization of a land plot under a garage under a dacha amnesty is carried out solely by the owner of a separate building, as well as filing an application with the authorized bodies. It is not necessary to enlist the support of the chairman of the cooperative or sign the minutes of the meeting for this. Price and processing time There is no state duty for consideration of applications for the possibility of providing land for private ownership.

What is the price?

The most interesting way for citizens is the opportunity to carry out the procedure free of charge. This outcome is possible if:

• the site falls within the parameters of Federal Law No. 93 and can be registered according to a simplified scheme;
• a residential building has been erected on the land, which is in operation and registered in accordance with the law;
• The plot is specially allocated for individual residential construction or farming.

Also, privileged categories of citizens can privatize land free of charge:

• large families;
• heroes of the USSR and the Russian Federation;
• veterans and participants of the Second World War;
• children left without parental care.

Other socially vulnerable segments of the population can also undergo the free procedure. But it is worth noting that even a free procedure is subject to a state duty, which is 350 rubles.

In addition, after successful privatization, the owner of the land will receive notifications about land tax. It is 0.3% of the cadastral value of owned land.

Read how much it costs to privatize an apartment. How to register the privatization of an apartment in the MFC? Information here.

What is the procedure for privatizing a garden plot? Details in this article.

Reasons for refusal

As mentioned above, according to Federal Law No. 178, in order to refuse privatization, certain conditions must be met.

Thus, a citizen will not be able to register ownership of a plot of land if it belongs to:

• protected areas and parks of national importance;
• sanitary areas;
• forest or water resources;
• limited in circulation or completely withdrawn from it;
• FSB facilities;
• nuclear waste storage sites.

Also, ownership cannot be transferred to areas on the territory of which there are buildings related to cultural heritage or having military purposes.

In addition to the listed points, a refusal can also be obtained if there are already government construction plans on the site or if it will be withdrawn from circulation in the near future.

If a refusal is received, a citizen can go to court or buy the land from the state. The first method is very difficult and costly, both in terms of time and finances. At the same time, winning such a case is extremely problematic, especially with poor knowledge of the law.