The procedure for re-registration of a land plot as a property

Forms of land ownership

Land ownership is realized through:

• use when the owner has a confirmed right, which makes it possible to carry out work on the site to process and obtain ownership of the results of labor;
• orders when the owner receives property rights to his plot, and with it the opportunity to exploit the land at his own discretion: sell it, donate it, use it as collateral, change it. To obtain such an advantage, the land user needs to re-register ownership of the land plot.

Currently, our compatriots are increasingly interested in the opportunity to dispose of land. Moreover, such property transactions are so diverse that the owner can re-register his own documents for the acquisition of property rights, but also has the right to alienate rights in favor of third parties.

We will talk about the procedure for re-registration of land plots and how to do it correctly. But first, about the legal basis.

The concept of land registration and land accounting.

Registration of land plots , being an integral part of the land cadastre, acts as a legal measure to formalize the rights to use and own a specific land plot and make entries in the relevant government documents. In the conditions of Kazakhstan, it is of a state nature. It is aimed at protecting and strengthening state and private ownership of land and rights to use land plots. Land registration data is given legal force. In the cadastre system, its task also includes collecting, systematically storing and updating information about the legal and economic status of lands.

Registration of land plots is preceded by legal registration, consolidation

established
boundaries of plots
on the ground, determining the areas of land plots and drawing up appropriate plans. These works are carried out in the order of land management (inter-farm). Registration of land plots is carried out simultaneously with the registration of land.

To protect land use and land ownership, it is necessary to have information about who the land user or landowner is and what specific territory their right of use and ownership extends to. Registration of land use and land tenure covers a range of issues related to the registration of use rights and ownership rights

specific land plots and recording data about them in the relevant documents (land cadastral books and magnetic media AIS ZK). It contains information about the legal status of land plots.

The basis for registering land use is a decision of the relevant government agency

on the provision of a land plot to a legal entity or individual for appropriate purposes on the basis of the necessary documents provided for by law, as well as provided documents on transferring the land management project into reality and fixing the boundaries of the site on the ground. After state registration is completed, the land user or owner is given a document (state act of the established form) for the right to use or ownership of a land plot along with a plan of this plot. Decisions on the provision of land plots indicate for what purpose they are allocated and the basic conditions for using the land.

When providing land for use, priority is given to agricultural land users. The document for the right of use or ownership also indicates the intended purpose of the site, divisibility or indivisibility, easements and other encumbrances and restrictions.

Citizens and legal entities may be provided with one or more separately located land plots for use or ownership, which represent a single land use, since the right belongs to one entity that has certain rights and obligations for the use and ownership of this entire land territory. Land use or land ownership in the form of a specific land plot is subject to state legal registration,

that is, it, like any piece of real estate, must be entered not only in the land cadastral books, but also undergo state registration with the relevant authorities.

Registration of land plots is divided into main

(primary) and
current
(subsequent).
During the initial registration, work is carried out on the registration of new land plots (land uses and land tenures), systematization and entry of relevant information into land registration documents. Work on the registration of all legally occurring changes and the introduction of appropriate clarifications into the primary registration data and documents are carried out in the order of current registration
land uses. This ensures that land registration data is kept up to date.

In the republic, state registration of land plots has developed into a certain system.

Unlike land registration, registration of land plots does not cover the entire unified state land fund, but only that territory that is provided for use and ownership. It is not carried out on vacant state reserve lands. Land registration information is also used in land assessment. In the new conditions, the importance of registration data has increased immeasurably for strengthening the protection of property rights and land use rights, when conducting operations with land plots, in cases of seizure of land for state needs, when resolving land disputes, etc.

Land accounting, being an integral part of the land cadastre, is one of the types of national economic accounting. The specificity of its management methods is determined by the characteristics of the object - land as a means of production and real estate. In sectors of the national economy, land is used for various purposes and is accounted for accordingly. Land is taken into account as the location of residential buildings, industry, agriculture and forestry, transport enterprises, cultural institutions, healthcare, military organizations and institutions, etc.

In some branches of production (agriculture and forestry), in addition to accounting for land as an operating basis, it is necessary to take into account it as a productive force, as the main means of production. This necessitates the need to obtain special information about the use and quality of land. These include, first of all, data on the composition and quality of agricultural land.

For quantitative reflection and qualitative characteristics of land in land records, natural meters are used. Accounting is aimed at obtaining, processing, analyzing and storing information about the quantity, quality and economic use of lands necessary for the rational use and protection of the republic’s land fund. When solving national problems, land accounting acts as a state event. Therefore, the state determines the tasks, content and procedure for its conduct. It establishes: the content of land registration information and methods for obtaining it; forms and contents of accounting and reporting documentation; reporting deadlines; accounting bodies. The established accounting procedure is mandatory throughout the republic.

The object of state accounting is the entire unified land fund of the Republic of Kazakhstan. State land accounting is a specific system that includes recording the quantity and quality of land. Accounting is carried out according to the actual state and use of land on the basis of good-quality planning and cartographic materials. The entire land fund is subject to accounting in the context of administrative-territorial units, categories of land and land users, land uses and lands; we propose the following classification scheme (Fig. 19). The quality of land is determined by the quality of the soil, topography, grass composition, reclamation state, etc.

Since the object of state land registration is the entire state land fund, all lands included in its composition are subject to registration, regardless of whose use and control they are, whether they are used or not at the moment.

The legislative framework

The procedure for re-registration of land ownership rights in Russia is regulated by three main regulations: the Civil and Land Codes and Law No. 218-FZ “On State Registration of Real Estate”. Subjects of the Federation have the right to adopt normative documents at their level that establish more detailed regulations.

When is it necessary to re-register land ownership?

The need to re-register a land plot may arise if there is a need to change the type of right. There are several of them:

• own;
• rent;
• free term use;
• unlimited use.

The main condition for re-registration is the presence of a title document confirming the fact that the site has been allocated by the local administration. It has no statute of limitations. It should be submitted to the authorized body (this may be the administration of a district, city, settlement) along with the application and other documentation. It is precisely his decision that will serve as the basis for re-registration, as well as a court ruling.

What is this procedure and why is it needed?

Registration of land ownership is a simple procedure and is carried out in compliance with the rules established by law.

You can carry out privatization at the actual location of the land.

must be entered into the state register :

• information about the applicant;
• terms of the agreement on the provision of a plot of land;
• descriptive characteristics - its territory boundaries, area, purpose of use;
• information about various transactions that were carried out with this site;
• conditions for imposing a ban on operations.

The plot formed in the new location will receive a separate cadastral number.

If the owner of an existing territory simply changes, it will remain under the same cadastral number.

Only after the registration of land ownership is completed, you will be able to dispose of it in any direction.

REFERENCE! When drawing up a contract based on a purchase and sale transaction, you will not receive 100% guarantees if the property is not included in the register of property rights.

How it all happens

After the transaction has been completed, you can begin re-registration. Any purchase, gift or lease transaction requires a written agreement. If you plan to buy or rent a plot, you will also have to sign a preliminary agreement, after which you will pay part of the money. The main agreement requires registration with Rosreestr. By the way, this can be done by contacting the nearest MFC.

It is allowed to buy out land plots that were previously provided for indefinite use or lease, or if the category of land for them has changed. True, the acquisition of a plot will become possible if the owner has ownership rights to the buildings erected on it. So, for example, the ownership of the land under an apartment building will be issued by the Management Company.

But the plot can also be accepted as an inheritance and used as a way to collect the borrower’s debt. This requires a court order. The debtor himself can cede the land to pay off the debt. And then they draw up a compensation agreement.

There is even a certain algorithm that will allow you to quickly collect the necessary documents so that registration of a land plot as private property goes without problems:

• concluding a preliminary agreement and making an advance payment;
• preparation of a package of documents;
• conclusion of the main agreement;
• payment of the remaining money for the land;
• registration of the main agreement.

And you have a legal document in your hands.

Application form for state registration of property rights in the MFC

The said application, submitted to Rosreestr through the multifunctional center, is submitted in accordance with the form approved by Order No. 920. Special forms have not been developed for each method of filing an application.

However, there are some peculiarities when filling it out:

• filling out details 2 must be carried out by an MFC employee;
• the method of receiving documents “In person at the MFC at the place where the documents are submitted” can only be chosen if the application and accompanying documents are submitted to such MFC (clause 16 of Order No. 920);
• The detail “Mark of the specialist who accepted the application and the documents attached to it” is filled in by the MFC employee who accepted the documentation (clause 26 of order No. 920).

IMPORTANT! If the documentation package is submitted through a personal appeal from the applicant both to the territorial division of Rosreestr and to the MFC, then detail 13 “Documents attached to the application” may not be filled in (see paragraph 22 of Order No. 920). However, the applicant must make sure that the documents submitted by him to the Rosreestr or MFC employee are reflected in the issued receipt (subclause 1, clause 17, article 18 of Law No. 218-FZ).

Required Documentation

Now we will talk in more detail about what documents are needed to re-register a land plot. But, before you start collecting them, you will have to clarify what rights you personally have in order to count on re-registration. And they arise if the area:

• has already been used before - it could be gratuitous use or lifetime ownership, which is inherited;
• acquired by purchase;
• received as a gift;
• received as an inheritance.

Each such case requires the following set of papers:

• a statement indicating the basis for possessing property rights;
• cadastral passport and copies of the cadastral plan of the plot;
• deed of gift, purchase and sale agreement, decision of the authorized body on the transfer of ownership of the plot and other document on the completed transaction;
• receipt of payment of the duty;
• document on acceptance and transfer signed by the parties to the transaction (this does not apply to land inheritance).

In special cases, this list may be supplemented.

If the decision to receive a plot is made by an authorized body, all that is required is a basic set of documentation and the passport of the citizen in whose name the land is registered.

However, the registration procedure may well not be so simple. And this is due, first of all, to errors made in the documents. And if they were discovered in land surveying or shared property (of a large family or dozens of shareholders), then the dispute risks dragging on, and passions literally “boil” at court hearings.

So you will have to try to ensure that all documents are in order and completed in a timely manner.

Information for land owners for 2020

The new land law came into force as a decree issued by Federal Decree. He established some rules. They largely refer to Russians who have subsidiary plots or build individual housing on personal land. According to the new norms, citizens on whom the territory is registered must be (or register) with the Unified State Register (registration of a land plot in the Unified State Register is mandatory). Otherwise, this is a reason for the land to be transferred to the disposal of local authorities (the municipality). In addition to this accounting, there is another one - cadastral. A negative answer to this question, in practice, results in problems and troubles. The site may be recognized as “ownerless”. Further, it will appear for certain officials as “potentially” state-owned.

This reform is designed to solve a number of problems. For example, according to the latest reports, in the Moscow region, about 70% of summer residents are not registered in the owner database. However, there is doubt that many of them will not express a desire to undergo this legal procedure. This, in turn, will result in problems for them with government agencies. In the future, they may lose the right to defend their land before local authorities in court. In addition, there is a nuance: in Russia, a large number of dacha farms have been available to citizens for a very long time. At that time, the law on registration of land plots did not exist; accordingly, it was not possible to register land in the Unified State Register. Despite this, the state takes its position as a matter of principle: all citizens must confirm their right to property, regardless of the date and conditions of receipt.

As additional information: the new cadastral law obliges citizens who are engaged in established types of activities in territories that are and are not members of the Unified State Register to carry out land surveying. Otherwise, conducting trade operations and inheriting land will be impossible.

How to re-register a land plot to a third party

The first and very important rule is that re-registration is allowed only on the condition that the ownership of the property has already been registered previously.

In other cases, when there is a transfer of property rights, it is only possible to re-register the plot under the house. And the transfer of property will be carried out only if the property transaction is completed.

Re-registration of rights to another person (relative or not) takes place in several stages:

1. Draw up a document that will become the basis for the transfer of ownership. If we are talking about immediate relatives or minor children, a deed of gift turns out to be the most suitable option.
2. Have it certified by a notary to confirm the legality of the paper and the voluntary nature of its execution. During the procedure, in addition to the donor himself, the recipient must also be present (for a child under 14 years old, his parents or guardians).
3. Make adjustments to the earlier information contained in the Unified State Register of Real Estate – thereby re-registering ownership rights.

If the inheritance was accepted by court order, because the six-month period allotted by law for entering into the inheritance turned out to be overdue for some reason, it is necessary to present both the court decision and a stamp indicating its entry into force. This is what the step-by-step instructions for land users look like.

Design features

In the event of the owner's death

Re-registration of property rights has certain specifics, since it occurs through the inheritance procedure.

The successor must, within 6 months after the death of the owner, confirm with a notary his intention to enter into the inheritance. And when submitting documents for registration, do not forget the certificate of inheritance. To re-register a previously existing property right, you will have to wait until six months have passed from the date of death of the testator.

Purchase and sale

Sometimes re-registration is carried out by deeding a deed to a close relative. But then the new owner will not receive the 13% return on the cost of the land plot specified in the contract.

Other Features

The legislator insists that the re-registration of land separately from the residential and non-residential buildings located on it is not allowed. The transaction is uniform and applies to all real estate.

A plot of land transferred to a spouse is associated with the use of joint property. And this implies some difficulties in transferring property rights to the other spouse.

A little about privatization

The privatization of land plots has become a free chance for many landowners to transfer their holdings to personal use. This opportunity has once again been extended, now until 2018. Only this will allow you to own your lands in SNT without restrictions.

The “dacha amnesty” program allows you to do this according to a simplified scheme with a minimum of documents. Thus, it is possible to do without a permit to build a country house; there is no need to legalize the construction.

If your lands do not fall under protected areas, are not reserved for the needs of the state, or privatization is directly prohibited, collect papers and transfer the land into ownership.

How to register land with cadastral registration - “full” version

Registration of a land plot (in the full version) meant going through three basic stages - preparing a package of papers for transfer to the authorized body, directly reflecting the land plot in the cadastre, as well as its registration in Rosreestr. Let's look at each stage in more detail.

Collecting papers

Before registering a land plot with cadastral registration, we collect a package of documentation, which includes:

• Title papers. Documents must confirm a person’s rights to a specific land plot (the one that is registered). Such documentation may include a contract of sale (purchase and sale agreement), a rental agreement, a certificate of inheritance and other papers.
• Foundation documents. This category includes a number of agreements - lease, perpetual use, lifelong inheritance, purchase and sale of a house or purchased plot. In the latter case, the applicant applies to the ministry dealing with property relations or to the municipality. A statement is written there about the desire to purchase a memory card. If there is such a possibility, the land committee issues a DCP and submits a receipt. A special commission is involved in calculating the cost of the plot. As soon as the applicant deposits the required amount, it is sent to the recipient's account. Upon receipt of funds, a DCT is issued, as well as an acceptance and transfer certificate. After signing the papers, they are issued to the applicant.
• Approval from the ministry responsible for property relations, as well as the consent of other tenants. Before putting the land on the cadastral register, you cannot do without visiting the above-mentioned ministry. In it, an application is drawn up, passports and rental agreements are transferred. Next, employees determine the date when they need to come and personally pick up written consent. As for the approval of other tenants, owners and people who have the right to use the land plot, the consent document is drawn up in the cadastral chamber at the time of registration.

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Above are the basic documents for cadastral registration of a land plot, but to solve the problem you will need a number of other papers:

• Geodetic plan. The development of this paper is carried out by licensed companies. Before applying, it is important to study the reputation of the organization, make sure that it has permission for this type of activity, and also read reviews.
• Boundary plan. In addition to the paper version, a CD is also issued. This work is carried out by the cadastral authority, whose employees carry out the necessary work to survey the site.
• Approval of guardianship and trustee bodies (issued in writing). This option is relevant when there are minors among the owners of the land plot. It takes up to 10 working days to complete such paper, which must be kept in mind when applying for the service.
• Power of attorney (must be certified by a notary). The paper is issued to each owner or user of the memory who has reached the age of 18.

Registration in the cadastre - how to register with the cadastral register

Once the documents are collected, we begin the main work. For cadastral registration of land we take the following steps:

• We contact the cadastral authority, fill out an application and submit the documents discussed above along with it. Filling out an application is the task of each owner (user) of a land plot who has reached the age of 18. Each of them fills out one option. The necessary forms, as well as images, are issued by the cadastral authority.
• We pay the state fee. After payment, a receipt indicating the transfer of funds is transferred along with the documents necessary for land cadastral registration. Payment of state duty is available directly at the cadastral chamber.
• Receiving a receipt for documents acceptance. An employee of the cadastral authority takes the papers to reflect information about the land plot in Rosreestr. In this case, the applicant is given a receipt indicating the date of acceptance of the papers. If there are no errors in the submitted documentation, information about the land plot is entered into the cadastre. In addition, the allotment receives a personal number, and the entire procedure takes no more than 20 days. If there are errors, the processing time may take up to 4-6 months (much depends on the circumstances).
• On the appointed date, we come and pick up the previously transferred papers, as well as an extract from the Unified State Register of Real Estate for the land plot. To receive documentation, you need to bring your ID and receipt with you.

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Registration of land

We discussed above how to properly register a cadastral register, but without registering a land plot with the Federal Registration Service, the procedure is not considered complete. The owner must register the land within two years. Otherwise, the allotment is excluded from the register. Here is the algorithm of actions:

• We contact the registration chamber.
• Submit an application (formulated according to the sample). In this case, the application is drawn up by each of the owners. In addition, a land surveying plan, a basis agreement, and an identity card for each owner are submitted (for a representative - a passport and a notarized power of attorney).
• We pay the duty. We attach the payment receipt to the general package of papers.
• We come to the registrar on a specific date and pick up supporting documentation. It takes 2 weeks or more to complete all manipulations (delays occur in rare cases). In this case, each owner picks up his package of papers personally (a passport and receipt are provided).

What are the consequences if ownership is not re-registered?

If the procedure for re-registration of ownership of the plot has not been carried out, then the immovable object has no legal force. It cannot be sold or given away.

1. An individual, even as an insolvent owner, will retain the right to exploit the land. But if his alienation happens, regardless of the reason, he will not receive compensation, and he has no right to count on it.
2. A legal entity will be penalized for the illegal use of a land plot, since there is a strict requirement for it - if a lease agreement is not signed with a local or regional government body, and the ownership is not properly re-registered, the use of the plot is illegal.

When a plot changes owner, re-registration of ownership becomes an inevitable procedure. It is possible to re-register the right to yourself or to another person, even a minor. This procedure cannot be avoided when a piece of land is inherited.