Many people dream of owning their own home. The advantages of living in a private house are obvious: you can build a residential property with the layout that is necessary for comfortable living, and also have full control over the local area.
Even if there are enough funds to build a house, the main question arises: where and how to get a plot of land. This can be done with the help of the state.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:
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Unfortunately, not everyone knows where to start the process of obtaining a free plot for individual housing construction. This article will look at how you can become a landowner without purchasing a plot on the secondary market.
Main requirements
In March 2020, Federal Law N171 came into force, thanks to which obtaining land for individual housing construction has become more relevant.
As a result of the adoption of this legislative act, the provisions of the Land Code have changed somewhat. A new procedure for providing land to citizens of the country for individual housing construction free of charge has become available.
Land is allocated from the state and municipal property fund. Decisions on the provision of preferential plots are made by territorial authorities.
The location of the site is also determined by the municipality. At the same time, the maximum area of land that a citizen can receive is regulated. It is set at 15 acres. In case of repeated application and exceeding the norm for allocating a land plot, you will have to pay extra for the additional area.
The above-mentioned normative act is not the only one that makes it possible to obtain free land. It is also possible to become a landowner free of charge on the basis of other legislative norms, since every citizen of the country can apply for a free plot of land owned by the state fund, subject to meeting certain requirements.
In accordance with the law, the following categories of citizens can receive land for individual housing construction:
- having certain positions or other benefits established by territorial authorities;
- families with 3 or more children;
- persons covered by regional benefit programs.
The first category mentioned may include:
- state employees;
- disabled people;
- civil servants.
Sample application for the allocation of a land plot for individual housing construction.
The maximum maximum sizes of land plots are determined by regional legislation. Also read how to get on the waiting list for a plot of land.
Registration of citizens in need of land plots
List of documents required for registering a large family
- An application to the Administration of the Podolsk City District is submitted by one of the parents, an adoptive parent, a stepfather (stepmother), a person authorized to submit an application, to the municipal budgetary institution of the Podolsk City District “Multifunctional center for the provision of state and municipal services.”
The following are attached to the application:
- Copies of documents identifying the citizen and the identity of each member of his family (passports (all sheets), birth certificates of children under 18 years of age with a citizenship stamp or citizenship insert and passports, if available).
- An extract from the house register confirming registration at the place of residence in the Moscow region for at least 5 years.
- Copies of documents on marital status (certificate of marriage or divorce).
- Copies of certificates of a mother (father) with many children, issued by the territorial departments of the Department of Social Protection of the Population of the Moscow Region.
- Documents confirming that the children are not fully supported by the state (if the children attend kindergarten or school - certificates from educational institutions; in other cases - certificates from the MUZHRP, etc., from the local pediatrician about the dependent children).
- If one of the parents is registered at the place of residence in another region of the Moscow region, an additional certificate from the local government authorities of this region is provided stating that the applicant is not registered for the purpose of providing a land plot.
contact number
Dear members of large families!
The Committee of Property and Land Relations of the Administration of the City District of Podolsk informs that the application for receipt is carried out through the RPGU (Regional portal of public services (www.uslugi.mosreg.ru)
For more detailed information, you can contact the Committee of Property and Land Relations of the Administration of the City District of Podolsk at the address: G.o. Podolsk, Podolsk, st. Kirova, 4, office. 210B tel., visiting day is Monday, from 9:00 to 17:00, break from 13:00 to 14:00.
LIST OF CITIZENS - MEMBERS OF LARGE FAMILIES REGISTERED FOR THE PURPOSES OF FREE PROVISION OF LAND | ||
| LIST OF CITIZENS - MEMBERS OF LARGE FAMILIES REGISTERED FOR THE PURPOSES OF FREE PROVISION OF LAND | ||
| File size: 221.5 KB Number of downloads: 1691 | ||
List of unclaimed land plots for provision to large families | ||
| List of unclaimed land plots for provision to large families | ||
| File size: 16.9 KB Number of downloads: 733 | ||
Letter to the Federal Property Management Agency | ||
| Letter to the Federal Property Management Agency | ||
| File size: 53.15 KB Number of downloads: 201 | ||
LIST OF CITIZENS IN NEED OF OBTAINING GARDEN, VEGETABLE AND HOLIDAY LAND PLOTS | ||
| File size: 1.63 MB Number of downloads: 842 | ||
Resolution dated April 19, 2019 No. 475-P | ||
| On introducing amendments and additions to the list of land plots for provision to large families in order to implement the Law of the Moscow Region dated 06/01/2011 No. 73/2011-OZ “On the free provision of land plots to large families in the Moscow Region” in 2020, approved by a resolution of the City District Administration Podolsk dated January 23, 2019 No. 59-P | ||
| File size: 149.89 KB Number of downloads: 377 | ||
LIST OF LAND PLOTS FOR PROVIDING LARGE FAMILIES FOR THE PURPOSES OF IMPLEMENTING THE LAW OF THE MOSCOW REGION | ||
FROM 06/01/2011 No. 73/2011-OZ IN 2020 | ||
| File size: 146.5 KB Number of downloads: 927 | ||
Land plot layout diagrams | ||
| File size: 299.76 KB Number of downloads: 820 | ||
Position of the law and regulations
According to the Land Code, the following land ownership options are possible:
- use on an indefinite basis;
- acquisition of property;
- ownership with the possibility of lifetime inheritance;
- free use for a fixed period;
- long term rental.
The indefinite use of the supplied land was canceled by the adoption of Federal Law N136 in 2001. If the plot was provided before the introduction of this law, its legal status remains in force.
In other cases, land received from state or municipal bodies is leased by citizens of the country. 5 years after the completion of construction of a house on the site, it is possible to register the land as ownership.
What are the goals
Under the Soviet Union, anyone could get 6 acres of land for free. After perestroika, this procedure became irrelevant. Land owned by the state fund began to be transferred on a paid basis.
The provision of land plots free of charge has continued to this day, but only for certain categories of citizens. The state issues land plots mainly for two purposes.
The first goal is related to providing assistance to vulnerable populations. We are talking about budget workers or large families whose income does not allow them to acquire their own land.
Features about shares
The allocation of a land plot may also refer to another legal aspect related to the allocation of a share from collective property.
Allocation of a share of a land plot is resorted to when it has several owners, and one of them wants to clearly designate their own plot. As a result of this procedure, a new real estate object is formed. This process is regulated by the Land Code of the Russian Federation. The reasons for forming your own share of a plot may be different.
Before allocation, the right of each owner to the land is abstract, that is, it is impossible to establish the boundaries of the plot for each owner.
Until a share of the plot is allocated, any owner of his own share cannot dispose of the property without obtaining approval from the other participants. And only after allocating the share, the owner receives the right to enter into various transactions with the property.
The procedure for allocating a share of a plot that is collectively owned is as follows. First of all, you need to determine your own item share. Next, you need to submit an appeal to the local administration with a request to allocate a share. The local administration must provide an agreement drawn up by all co-owners, which should indicate the share belonging to each of the owners.
Based on the results of consideration of the application, the municipal authority must grant permission to allocate the share. Having a permit in hand, the citizen contacts a geodetic company to carry out land surveying. If the co-owners have not reached agreement on determining the shares, then this issue can only be resolved by going to court.
The emergence of disputes in the process of land surveying is quite common. Therefore, sometimes this issue has to be resolved through court. Often, the basis for applying to the courts is the failure to provide permission from other co-owners to allocate a share.
But there may be other reasons for contacting, such as:
- lack of documents establishing the right to property;
- lack of indication of the size of shares in the title documentation;
- obstacles to the allocation of shares established by the municipality;
- disputes with neighbors regarding the boundaries of the land plot.
Based on a court decision, you can obtain a title document that confirms the property rights of the share owner.
Sample passport of a citizen of the Russian Federation
Registration of a land plot.
It is worth noting that there are two types of plots, this is a plot that you have found and would like to rent and an already existing free plot of land that is managed by the administration or any other owner (in the case of renting from this owner). The key feature and difference between these plots is that the plot offered to you by the municipality, as a rule, has already been registered in the cadastral chamber, land surveying has been carried out, the boundaries are fixed and you simply need to conclude a lease agreement. But if the plot is not registered, you found it yourself, or the municipality did not draw up cadastral boundaries, then such a plot of land must be registered, that is, land surveying must be carried out.
To obtain an undeveloped plot for building a household, you must:
- find a suitable place;
- apply to the municipal administration;
- independently, but better with the help of a cadastral engineer and surveyors, prepare a layout diagram of the land plot;
- contact the Department of Property and Land Relations to approve this scheme;
— the administration publishes a notice of the provision of a land plot in the media.
— the stage of possible bidding, if there are others interested:
- you will be asked to register the land plot yourself and participate in the auction with other participants;
- the winning bidder immediately moves on to the last two items.
— if no one has yet found anyone willing, then you will be given two orders:
- on approval of the layout;
- on preliminary approval of the provision of a site without bidding;
— with the help of a cadastral engineer, prepare a boundary plan for the leased land plot;
- contact the cadastral chamber to register this plot;
— register the lease agreement at the MFC or at the Rosreestr service;
— order an extract from the Unified State Register of Real Estate.
To begin construction, prepare a diagram and boundary plan, and submit a notice of the start of construction, you will need to contact a geodetic company. Surveyors will survey the site you have chosen, take into account all surface and underground communications and security zones, and conduct a topographic survey of the land plot to submit a notification of the start of construction. The cadastral engineer will prepare a diagram of the location of the land plot on the cadastral plan of the territory; after its approval by the authorities, he will prepare a boundary plan of the land plot based on the resolution approving the layout of the land plot. After concluding a lease agreement, surveyors will also help you determine the exact boundaries of the site on the ground, carry out the outlining of the boundaries so that you are sure of the location and do not make mistakes when taking into account the norms and setbacks when constructing buildings.
I would like to note that the costs of paying for the services of surveyors, cadastral engineers, rent, all kinds of duties, and building a house are entirely borne by you.
To obtain formed land for the construction of a household, you must:
- apply to the municipal administration;
— select a plot of land from those proposed by the administration;
— conclude a lease agreement;
— register the lease agreement at the MFC or at the Rosreestr service;
— order an extract from the Unified State Register of Real Estate.
After completion of construction work, a technical plan and a document signed by all specialized services and organizations are drawn up on the acceptance of the constructed house and its compliance with the law. The period during which a residential building can be built on a leased land plot is twenty years. The local administration, when drawing up a lease agreement, can sign it for a shorter period. The law is not violated in these situations. If you contact the administration, it will be extended. The Land Code of the Russian Federation states that the construction of a residential building must begin no later than three years after the development permit. If during this period work on the construction of the structure has not begun, the site is confiscated.
Auction trading.
As a rule, in the top places of the region, or simply in the most beautiful and comfortable ones, there is a hunt for land plots by thirsty future owners or all kinds of individuals and organizations involved in the resale of land plots or construction. Getting a plot in such a place is not so easy; as a rule, there are fewer land plots than there are people interested in allocating them. As a rule, all these places are already divided and do not physically have the opportunity to organize new land plots, but there are places, so to speak, that are gaining popularity due to accessibility, infrastructure or simply good nature and ecology. Here it is possible and you can manage to get a good plot.
After submitting a land plot plan, the administration publishes a notice about the allocation of the plot. If no one has submitted an application to be allocated the same plot, then the administration approves the land plot scheme by its resolution, and this guarantees you the right to lease or purchase the land plot. If someone else has applied to participate, the allocation goes into auction mode. After the auction, as a rule, the winner already buys the land plot into ownership.
Who can get a plot without an auction?
It follows from paragraph 14 of paragraph 2 of Article 39.6 of the Land Code of the Russian Federation that land plots for disabled people and families that include disabled people are provided for rent without tendering.
Rent amount.
The cost of renting a plot cannot be fixed and is determined when requesting a lease by the local administration. There are several criteria according to which the rental and purchase price of the selected territory is determined: • location of the site (the cost per square meter is affected by the distance from roads, the center of the village, important objects - shops, schools, etc.); • size of the plot (obviously, the more square meters, the more expensive the total cost will be); • cadastral value (the most important criterion for the final price - it is from this that it will be calculated); • territorial composition (type of soil, presence of unevenness, reservoirs, vegetation, etc.). In order to calculate the final price, all of the above is taken into account, and the annual rent for a land plot ranges from one to five percent of the cadastral value (the better the condition of the plot, the more expensive it will cost).
Usually the size is determined at the time of signing the contract. As a rule, the calculation is made based on the value of the plot established by the cadastral chamber. The interest rate varies from 0.001% to 5%. In order to calculate the rent, they are guided by the methodology and tariffs developed and signed by the regional municipality.
What are the differences between a simple lease and a lease-to-own?
A simple lease of a plot and a lease with purchase differ from each other in several ways. These include:
- Rental period. Rent without registration of ownership is available for a period from 1 to 49 years, with registration - from 3 to 49 years, while in the second case, by the time three years have passed from the date of lease, the buildings must already be registered with the administration (regardless of rental period).
- Rent amount. In both cases, it is calculated from the cadastral value (1-5%) and depends on the well-being of the infrastructure of the land plot. However, renting with registration of ownership will cost more, because The price will also include a redemption payment for the plot. Also, the local administration in each locality sets the minimum rental price for all land, and for any plot within this locality the rent cannot be cheaper.
- Expiration of the contract. If the borrower simply leases the site, then after the expiration of the term, he can submit an application to the local administration to extend the lease term, and, on the part of the borrower, there are no violations of the law on the use of the site, the administration is obliged to extend the contract. If the plot was leased for purchase and the contract expired, and the borrower made all payments on time and in full, he simply submits an application to purchase the plot and the administration re-registers the land as his own (the local administration cannot refuse the tenant, i.e. because he has already paid the entire redemption price and has full rights to the allocated plot).
- There are restrictions on renting out the site. If the borrower simply wants to lease land from the state, then no restrictions apply to all plots falling under the program, but if a lease with purchase is assumed, then the real owner of the plot has the right to impose a ban on the transaction and not sell it. When planning to lease land to the administration, the applicant should clearly understand his goals for using the site.
Our organization will help you prepare all the necessary documents for registering a land plot; at the initial stage, we can prepare a layout diagram of the land plot. Subsequently, carry out surveying of the land plot and prepare a survey plan. Before construction begins, our surveyors, having high-precision satellite equipment, can carry out the procedure of drawing out the boundaries of a land plot, showing where it is and where to put a fence and build a house, this will save you from possible mistakes in terms of construction not on your site, as well as from future possible problems associated with violation of the norms of indentations during the construction of buildings from the boundaries of the land plot. After completing the construction of the house, our cadastral engineers will help you formalize the construction and prepare a technical plan for the house.
We also have a system of discounts for regular customers and large families (when moving out and decorating the house). Minimum prices for our services and competent specialists with modern satellite equipment in Lipetsk and the Lipetsk region will help you carry out all the necessary work in the shortest possible time.
Important Additions
Benefit category
Preferential categories were established by innovations adopted in the Land Code in 2020. In accordance with Art. 39.5, privileged categories of citizens now have the opportunity to receive a plot of land free of charge on the basis of a lease agreement.
Article 39.5. Cases of provision of a land plot in state or municipal ownership
These categories include low-income citizens who do not have their own housing, as well as large families where the number of persons under 18 years of age exceeds 3 people. An important condition is the absence of ownership of other land plots or concluded long-term land lease agreements.
Beneficiaries are divided into two categories. The 1st group includes people who received land before the age of 91, as well as those who received the right to use land on an indefinite basis.
The second group includes:
- combat veterans;
- police officers with more than 15 years of experience;
- orphans;
- citizens who were awarded high ranks and state awards.
Sample certificate of family composition
Sample and list of documents
When receiving a plot of land for individual housing construction, the relationship between the owner and the citizen is regulated by a land lease agreement. An application for the provision of a site is submitted in the form established by the Federal Property Management Agency.
It looks like this:
- general section, which includes information about the body owning the site, information about the applicant, passport details, registration information, as well as contacts of the applicant;
- the main section, which indicates the target application, information about the leased plot (location and cadastral number), as well as the grounds for which the applicant is applying (belonging to one or another preferential category);
- an additional section containing more detailed information about the land plot: its size, technical parameters, geographical nuances, purposes for which the land can be used.
The application also indicates information about existing structures on the land plot, as well as a list of attached papers.
To apply in 2020, the following documentation will be required:
- direct application;
- passport of the applicant (if there are minors in the family, their birth certificate will also be needed);
- documents confirming that the applicant belongs to one or another preferential category;
- certificate of family composition;
- a document confirming payment of the fee;
- draft agreement;
- cadastral plan;
- administrative act provided to the owners of the site.
If the application is not submitted personally by the applicant, you will need a power of attorney executed by a notary. If the applicant is an organization, then its constituent documents must also be provided.
The above list lists the main required documents for allocating a land plot. If necessary, authorized bodies may request additional documents.
Sample cadastral passport for a land plot:
APPLICATION for an extract from the Land Use Rules for Development
Please provide an extract from the current edition of the Land Use and Development Rules.
The extract must contain information about the main, conditionally permitted and auxiliary types of permitted use of the land plot.
The land plot belongs to me by right of ownership.
The contents of the extract must comply with current urban planning regulations.
Land address: _______________________________________
Cadastral number of the plot: __________________________
Application:
- copy of the extract from the Unified State Register of Real Estate – 1 copy.
- photocopy of the applicant's passport
__________ __________ (________________________)
Conditions of registration
Regardless of the category, an applicant for a free land plot for individual housing construction must meet the following parameters:
- the applicant did not own any land intended for construction or agricultural activities before filing the application;
- the applicant has Russian citizenship, which was acquired more than 5 years ago before submitting the application;
- the person does not own a private house;
- the applicant’s current living conditions do not meet the requirements of the Housing Code;
- The land plot falls under the category of individual development.
The applicant may be a person studying at a university in any socially significant profession, subject to concluding a labor agreement with the territorial authorities.
Algorithm for allocating a land plot
The procedure for applying for land for individual housing construction is quite simple:
- it is necessary to collect the required documents confirming the fact of need: provide evidence that the living conditions do not comply with the norms of the Housing Code, and also prove that the plot is not currently owned;
- select a plot of land that meets the relevant conditions within the subject of the Federation where the applicant lives;
- submit an appeal to the municipal authority.
Submitted documents are reviewed by the authorized commission within one and a half months. As a result, a decision is made whether the family can claim land for individual housing construction free of charge. If the decision is positive, the applicant is put on a waiting list to receive municipal land.
After providing a plot of land, a citizen must build a residential building on it. It is recommended not to delay the start of construction, since after the expiration of a five-year period from the date of putting the property into operation, you can apply for registration of ownership of the site.
Allocation of land by the administration
Advice from lawyers:
1. In the Resolution on the allocation of land, the administration of the village council made a mistake: The type of use of the land is a dacha non-commercial farm. The Cadastral Chamber does not accept documents because of the word non-profit (must be a dacha farm). Is it possible to cross out the word “non-commercial” in the Resolution and write: “Believe the corrected one”? Or receive a new document with the correct entry?
1.1. There is no need to cross out anything. Receive the corrected document.
Did the answer help you?YesNo
1.2. Hello, please apply for a new document in corrected condition.
Did the answer help you?YesNo
Consultation on your issue
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2. There is a garage in a garage society that has not been registered with the relevant authorities. There is only a certificate from 1992 about the allocation of land by the City Administration for construction. Where to start the registration procedure?
2.1. - from contacting a real lawyer. And resolve the issue of registering the garage with Rosreestr.
Did the answer help you?YesNo
3. How to restore documents for the allocation of land by the district administration for the construction of a garage in a garage cooperative.
3.1. Make a request to the administration archive.
Did the answer help you?YesNo
4. There is a plot of land for individual housing construction. It is registered to my wife's grandfather. But he died and her father died. The site is not listed on the cadastre. The lease agreement is from 1994, there are documents on the allocation of land by the administration. How can I register a plot of land for my wife and can this be done under the dacha amnesty or the amnesty for individual housing construction?
4.1. We need to look at the documents!
Did the answer help you?YesNo
5. We are a large family, it will take a long time to wait for the land to be allocated. We decided to buy the plot ourselves (individual housing construction), but the entire amount is not enough, i.e. 1/4, if we refuse to allocate land by the administration, can the administration help in buying out the missing part.
5.1. If we refuse to allocate land by the administration, can the administration help in buying out the missing part. - no, it won’t help.
Did the answer help you?YesNo
6. The resolution on the allocation of land by the city district administration was signed on May 21, 2013. The Investment Council approved the construction project on this site on August 22, 2013. Land lease agreement. plot was signed on 06/17/2013, with an indication of the accrual of fees from 05/21/2013. The acceptance certificate for the contract is dated June 17, 2013. From what date should rent be calculated?
6.1. As stipulated in the terms of the signed contract.
Did the answer help you?YesNo
7. Is the appealed decision of the court of first instance, later than the required 10 days for a valid reason for missing the deadline, according to the court’s determination, considered to have entered into legal force? Is it possible to cancel the allocation of land by the District Administration for rent to other people in the place where they should have allocated it to us, at least until the trial is completed? Now it is in the first instance of the Supreme Court.
7.1. 1.If the deadline has not been restored, then yes. 2.If there is no prohibition on these actions, then yes. 3. Ask the court to apply interim measures.
Did the answer help you?YesNo
