Family estates and settlements. How to obtain land legally? on the Nedvio website

property owned by the administration?
Registration of a land plot in ownership in the standard manner (upon purchase, inheritance, gift) is a procedure familiar to many. But situations arise when receiving a land plot is supposed to come from a state fund. The process of legitimizing the transfer of ownership rights to this property has a number of legal features.

The package of documents in this case is much wider than for a standard transaction. The circumstances of re-registration of property rights to land differ according to the grounds for transferring the land plot for use by the local administration:

• allocation of allotment under a lease agreement;
• provision of land for use for an indefinite period;
• registration of a plot of land if there is a legal residential building on it.

Thus, in each case, the issue of transfer of ownership is resolved individually, depending on the circumstances of the particular case.

How to register land ownership with the administration

The process of legitimizing ownership rights to land plots is regulated by the norms of Federal Law No. 218-FZ “On State Registration of Real Estate”. The transfer of the legal status of lands included in the fund of gardening partnerships is carried out in accordance with Article 49 of the above-mentioned law.

Dacha lands, provided in Soviet times on the basis of books on membership in partnerships of summer residents, are not included in the state unified register. Thus, in order to be able to conduct transactions with these plots, it is necessary to formalize them legally and obtain permission to acquire ownership of them.

The algorithm for sequential actions when registering state lands as private property is as follows.

Carry out the procedure for isolating the allotment from the lands adjacent to it.

Despite the fact that the land is legally owned by the state, the costs of surveying are borne by the applicant. The main point in this event is the settlement of all issues with neighbors regarding the establishment of boundaries between territories. Then enter into an agreement with a land management organization that has a license to carry out this type of work.

Based on the results of cadastral activities (measuring the area of ​​the site, establishing boundary signs, etc.), you will be provided with a conclusion on the delineation of the boundaries of your site (landmark plan).

Prepare an application for registration of the plot in the cadastre register and subsequent registration of ownership rights to the authorized body.

Having collected all available documents confirming the legal basis for using the land plot and the boundary plan, submit them to the territorial body of the Rosreestr service along with the application. When accepting a package of documentation, an employee of the authorized body issues a receipt of their receipt and indicates the date of readiness of the document on registration actions for the transfer of ownership.

You can also submit documents for registration through multifunctional centers, thereby avoiding long waits in queues. To carry out registration actions, it is necessary to pay a state fee in the amount of 2 thousand rubles (for individuals) and 22 thousand rubles (for legal entities).

Receive a document confirming the registration of ownership.

The extract from the register of real estate rights contains comprehensive information about the land plot (technical characteristics of the plot, name of the owner).

When purchasing a plot of land previously provided on the basis of a lease agreement, receive an order from the municipal government to allocate the plot into ownership. Then draw up an agreement with representatives of the municipality and deposit the cost of the site into the budget account. As a rule, cadastral prices are taken into account. If there is a residential building on the provided land, the plot will be allocated to you without an auction.

Based on the agreement concluded with the local administration, you will be able to register ownership of the plot with the territorial body of Rosreestr.

Features of taxation of industrial lands

In accordance with Art. 388 of the Tax Code of the Russian Federation, if a plot is classified as industrial land, the person who owns it (citizen or organization) is obliged to pay tax for it. The taxpayer is recognized as:

• owner of the allotment;
• the person to whom the land is transferred for indefinite use;
• a citizen who received land as a lifelong inheritable possession.

The following are exempt from the tax burden:

• industrial land tenants;
• persons who received the territory for free use (the period for which the land is provided does not matter).

Tax on industrial land according to clause 1 of Art. 394 of the Tax Code of the Russian Federation cannot exceed 1.5% of its cadastral value. The tax rate is determined by the legislative acts of municipalities.

Documents for registration of land ownership

Start registering a plot of land by collecting technical and title documentation.

The standard package of documents for registering the transfer of ownership includes the following papers:

• an application on a form approved by the registration service about the possibility of making changes to the register of rights to real estate;
• documents that are the basis for the emergence of rights to a land plot (a resolution of a local government body on the allocation of a land plot into ownership, a lease agreement establishing the possibility of a preferential purchase of a plot of land, an act on the possibility of using a land plot for an indefinite period, a purchase and sale agreement);
• a plot passport containing cadastral information;
• plan for delimiting a plot of land in relation to neighboring plots (landmark plan);
• receipt of payment of the mandatory fee for registration actions (state duty).

How to transfer a leased land plot into ownership?

How to register land ownership, read here.

All registration actions aimed at transferring ownership of a property are carried out only upon presentation of an identification document. When contacting the cadastre service through a representative, do not forget to formalize his rights with a notarized power of attorney.

When receiving a plot by inheritance, the following documents are additionally provided to the territorial body of the Rosreestr service:

• document of inheritance issued and certified by a notary;
• a certificate provided by the technical inventory bureau about the presence or absence of buildings on the land plot;
• document on the cadastral value of the land;
• an extract from the unified register of rights to real estate and transactions with it (confirms the rights of the owner);
• if the site is part of a gardening partnership, then provide a certified charter of the SNT.

When receiving a land plot for indefinite use, to register property rights, additionally provide:

• resolution of a local government body on the allocation of a land plot for ownership;
• boundary plan of the land plot;
• document confirming the presence of buildings on the land;
• deed of transfer of land.

When privatizing a plot of land due to the presence of a residential building on it, submit an application to the municipal authority in charge of the land. Please attach an extract from the cadastral registration plan to your application.

Go through the procedure for legitimizing rights to the construction project in advance. Upon presentation of a document on ownership of a residential building or dacha, you have the right to expect to receive a plot of land free of charge.

The free provision of a plot is subject to registration through a resolution of the land management committee. When a local government body makes a decision to refuse the gratuitous transfer of land and provide the opportunity to purchase the plot, draw up a purchase and sale agreement with the administration.

What lands and when can you get without bidding?

According to current legislation, certain land plots can currently be obtained into ownership without participating in auctions.

These areas will include:

• Land for individual housing construction and personal farming;
• To create a farm or peasant enterprise, as well as to organize agricultural production;
• For the development of the housing stock (in the event that the agreement on the implementation of such activities is concluded with the person carrying out such development);
• To form infrastructure facilities;
• For the organization of religious buildings and monuments (but only for those representatives of religions whose activities are not prohibited on the territory of the Russian Federation).

This list of categories is established in the Land Code and can only be expanded if appropriate changes are made specifically to it.

In other cases, land plots cannot be provided without bidding.

If we talk about when it is possible to formalize the transfer of ownership without bidding for a particular land plot, it should be noted that before such a right occurs, certain conditions must be met:

• 
  The purchased land plot must be used for a certain time by the potential buyer for its intended purpose (if we are talking about the acquisition of land for individual housing construction or private household plots, as well as for a farm);

• If all plans for the development of housing stock or infrastructure facilities have been agreed upon;
• If the need for the construction of a particular religious monument has been fully proven (for example, an old temple is being destroyed and there is no way to restore it, since the building is considered completely unsafe).

If such conditions are not met by the potential owner, then the transaction may be refused.

Methods for registering ownership of a land plot

Land plots may be privately owned or owned by the state. State authorities represented by municipalities have the right to lease land owned by them. In the future, if the allotment is used in good faith (in accordance with its intended purpose), the tenant has the right to buy it out of state jurisdiction.

The possibilities for acquiring ownership of state land are as follows:

• receive a plot of land for free as a result of possessing a legal status for which state benefits are provided in the form of improved housing conditions (parents raising three or more children, citizens with a disability group, users of summer cottages);
• Citizens using a plot of land under a lease agreement concluded with the local administration for 3 years or more have the right to purchase plots;
• Persons who have built objects on state-provided land (country or residential houses, garages, bathhouses, etc.) have the right to privatize land plots;
• Members of dacha partnerships and cooperatives have the right to receive a plot of land free of charge as a result of the “dacha amnesty”;
• buy a plot as a result of an auction (the participant who offers the highest price has the right to count on purchasing the plot);
• obtaining a land plot based on the results of a trial (this option is common in the event of the expiration of the land lease agreement and its transfer to another person).

Answers to popular questions

I want to place a small apiary on my plot, but the neighbors are against it and are threatening to sue. Is it legal to place beehives on your property?

If the site is located within a populated area, the rules for placing and maintaining apiaries are established by the Federal Law “On Personal Farming” dated July 7, 2003 No. 112-FZ.
Beekeeping in garden plots is regulated by Federal Law No. 217-FZ of July 29, 2017 “On the conduct of gardening and vegetable gardening by citizens for their own needs...”. Citizens can keep bees if construction, environmental, sanitary, fire safety and other rules are followed.

Renting land from the state is difficult and the process is lengthy. But in terms of financial costs, is this more profitable than drawing up an agreement with a private owner? How much does it cost to rent an apiary?

Private owners set rents independently, focusing on the market situation and competition.
When renting land from the state, the annual fee depends on the base rate, taking into account the area of ​​the site, type of use, and zonal coefficient. If we simplify the calculations, then the cost in Moscow, St. Petersburg and Sevastopol is up to 35% of the cadastral value, in the Moscow region - 1-5%, in other regions - 1-3%. The cheapest place to rent municipally owned land is 0.3-1%.

I plan to place several hives at the dacha. What rules for breeding and keeping bees in populated areas should one follow in order to avoid conflicts with neighbors?

The rules for placing apiaries and keeping bees are approved by Order of the Ministry of Agriculture of the Russian Federation dated May 19, 2016 No. 194 “On approval of veterinary rules for keeping honey bees...”, instructions of veterinary departments, veterinary and sanitary rules of the Main Directorate of Veterinary Medicine of the Ministry of Agriculture.
According to these regulations, the apiary area is enclosed by a fence or hedge at least 2 m high, the hives are located 3-3.5 m from each other, a distance of 10 m is maintained between rows. Bee colonies should be placed at a distance of at least 20 m from residential buildings , at least 2 m – from the boundaries of neighboring plots.

The cost of registering land ownership

The cost of legalizing your rights to a land plot received from the state fund will be 2 thousand rubles in the general order and 350 rubles for registering ownership of an agricultural plot. For legal entities, the procedure for registering a land plot as property will cost 22 thousand rubles.

Upon receipt of consent from the local administration to purchase a land plot, the price of the plot will be determined as a percentage of its cadastral value. This indicator is determined based on the location of the land plot in relation to urban settlements and social infrastructure facilities, its size and the possibility of erecting buildings.

There are many who want to purchase a personal plot, build a house there and acquire their own, albeit small, farm. The problem is that not everyone knows how to get a plot of land from the administration in their municipality. There is a separate category of citizens who can do this for free.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

+7 Moscow, Moscow region

+7 St. Petersburg, Leningrad region

8 Federal number (free call for all regions of Russia)!

Redemption algorithm

The administration has its own algorithm of actions for the procedure for purchasing a land plot, with careful observance of which, at the end of the day, the buyer receives the desired plot of land.

This algorithm consists of several steps:

1. Selection of a land plot (it is carried out either by searching for advertisements in print media officially accredited to publish such information from the administration of a municipal entity or subject of the Federation, or through a public land map posted on the Rosreestr website);
2. Applying to the administration with an application for preliminary approval of the possibility of concluding a transaction (at this stage, the possibility of acquiring a specific plot and information about whether it is registered in the cadastral register or not is checked);
3. Receipt by a potential buyer of cadastral documents for a specific plot, as well as, if necessary, implementation of land surveying measures on it;
4. Submitting an application to the administration for approval of the transaction and the conclusion of a purchase and sale agreement for the plot or for the issuance of a resolution of the head of the administration on the gratuitous transfer of ownership of the plot (to such an application it is necessary to attach all those documents that the administration will be asked to prepare, as well as those papers that can confirm the right to buy a land plot without bidding or to obtain ownership of it free of charge);
5. Conclusion of a purchase and sale agreement (since it is on its basis that the acquisition of a specific land plot will be carried out) based on the results of mutual consultations between the parties, as well as after full agreement on all the necessary nuances (for example, the procedure for transferring funds from the buyer to the administration);
6. Obtaining a certificate of ownership of a specific plot (based on a purchase and sale agreement or a resolution of the head of administration).

In the event that the registration of the plot will be carried out free of charge, there will be a slight change in this algorithm, since the purchase and sale agreement will be replaced by the corresponding document on the free transfer of land into ownership of the person who submitted the application for this.

Who has the right to a land plot for free

The list of applicants who can count on free registration of the site includes:

• Persons renting land where, over time, a residential building was erected. This plot can be registered as the property of a citizen who owns real estate;
• Persons using a land plot based on perpetual or lifelong ownership (with inheritance rights). This category of persons has the opportunity to obtain a plot without paying for it, only once. Making any kind of additional payments is considered illegal;
• The persons indicated in the previous position, taking into account all conditions, and if buildings or residential structures are additionally located on the site.

The first thing you need to do is write a separate statement to the local administration. Attached to it are documents confirming the plaintiff’s right to own the land plot on a life-long basis.

Who else has the right to count on free land distribution?

The following beneficiaries, enshrined in federal legislation itself, have the right to this. Among them are:

• Veterans of the Great Patriotic War who have families, if they have lost their ability to work;
• Contract servicemen, when calculating their work experience from 5 to 15 years (each case is considered separately). Such citizens can lay claim to land, using it to build their own homes and engage in agriculture;
• Citizens who have served in the Ministry of Internal Affairs for at least 15 years. On the lands provided to these citizens, it is possible to initiate construction;
• Orphans. The latter may be given plots for use that were previously assigned to their parents.

At the moment, the reform of internal affairs bodies has been launched within the Russian Federation. If we evaluate legislative acts based on this position, then law enforcement officials also have the opportunity to receive a site for free.

In addition, taking into account police service lasting 15 years or more, the right to receive land arises: within urban areas - 0.06 hectares, in a village - 0.10 hectares, in rural areas - 0.25 hectares.

How to obtain land ownership from the state for free?

To whom land plots are entitled for free, read here.

According to the same legislative norms, it is possible for employees who have retired, including family members of employees who died in the performance of their duties, to obtain a plot.

In addition, heroes of labor, as well as order-bearers, also have the right. We have not forgotten about families with the status of large families.

Procedure and procedure for purchasing a land plot from lease: main provisions

When leasing municipal land, it is preferable to build a house on the site in the first three years of leasing the land and register it, even if it is an unfinished construction project.

In addition, any improvement of the rented plot of land will also be an advantage in your favor.

The tenant can transfer a plot of land into personal ownership at a fixed price (without bidding or auction), if:

1. The lease lasts for 3 or more years and the contract contains a clause on the possibility of purchasing the leased area
2. A person declaring a desire to become the owner of a land plot rents it legally
3. The purchase offer was sent to the owner of the land plot before the end of the established lease period

To begin initiating the procedure for purchasing the land plot you are renting, you need to clearly understand where to go.

Where to go

Initiation of the purchase of a leased land plot begins with the preparation of an application to the municipal unit that oversees the territory on which the land plot is leased.

The municipality is required to notify the applicant about the presence or absence of a cadastral file for the requested acres and the existence (absence) of encumbrances on them.

In the appeal, it is advisable to indicate the basis for redemption and the right of first refusal (if any). In the absence of encumbrances, documents are then collected for the purchase of the leased plot of land.

What documents are required?

Preparation for the purchase of a land plot consists of collecting documents confirming not only the desire to purchase a leased piece of land, but the existence of legal conditions that ensure the opportunity to satisfy this desire.

Such conditions include confirmation that this particular area is in your lease, as well as its location, whether it has established boundaries, etc.

To purchase a leased plot of land, the following package of documents is being prepared:

1. An appeal to the head of the municipality in the form of a written statement of desire to purchase the leased acres of land.
2. Citizen's passport and TIN (purchase is planned by a private individual). If a legal entity applies, then the statutory documents and an extract from the order appointing its head are attached.
3. A document confirming the legitimacy of the use of the land by the applicant.
4. A cadastral passport that determines the location of a plot of land, its officially established boundaries, as well as the cadastral value.
5. An act of independent assessment of the price of a leased land plot in the current year.
6. A technical plan of the site or an inspection report with technical documentation for the house, buildings and structures erected on it.
7. A “fresh” extract from the Unified State Register, indicating that there are no restrictions on turnover on rented acres (arrest, mortgage to a bank, etc.).

When everything is prepared, you should think about how much money will need to be contributed to buy out the treasured plot of land. Here is a brief description of the possible cost of purchasing leased land.

The cost of purchasing a leased plot of land

Payment for renting a plot of land, regardless of its size, is charged by municipalities in the form of a certain percentage of their cadastral value or by applying a multiple of the land tax rate.

Specific values ​​are calculated in each area, taking into account its territorial characteristics.

In megacities with a population of over 3 million people (Moscow and St. Petersburg), a plot of land can be purchased for an amount of up to 20% of the cadastral price (Moscow - 20%, St. Petersburg - 19.5%).

In large cities with a population of 500 thousand to 3 million people, the purchase price of a leased plot ranges from 7.5 to 24% of its cadastral value (from 5 to 17 times the land tax rate, the amount of which is equal to 1.5% of the cadastral value).

In small settlements with a population of up to 500 thousand people, the ransom will cost from two to ten times the land tax rate.

In the Moscow region, a tenfold land tax rate is applied to the purchase of leased plots.

Plots of land leased in rural and township municipalities can be purchased for an amount not exceeding 3% of their cadastral value.

The minimum cost of a land plot in federal ownership is 2.5% of its cadastral price. The same percentage is used when legal entities acquire territories allocated for rent for organizing a dacha partnership.

In practice, the existence of the right to buy out a leased plot and the availability of the required amount of financial resources do not always provide a real opportunity to purchase the desired piece of land. There are legal restrictions that make redemption simply impossible.

How to get a plot of land from the state for free

The chance of receiving free land from the state is quite real. There are a couple of options, however, a rather important point is to determine the optimal one for a particular situation.

The first option involves the construction of any kind of real estate on an unregistered plot. Each region has a specific time indicator for land ownership.

There is a separate mention in the law that when a site is not used for three, five, and in some cases even ten years (other periods may be established), then it can be considered unowned.

For this reason, a person who has decided to build a residential building on such a site, or to start arranging the site according to his personal preferences, and no one has made any claims against him for a long time, then in this case he has the right to appeal to the authorities to initiate registration in his property of such a site.

Naturally, this option involves some risk, since in this case the applicant is not insured against the fact that the actual owner of this land may suddenly appear or the registration process will be considerably delayed.

Sometimes, for a number of reasons, local authorities may refuse to provide free land. This option, of course, is the simplest, however, it contains the risks of unpleasant consequences.

The second option is to send a separate application to local authorities to participate in the auction. This option is quite real, and without the “pig in the bag”, so there is no risk here. However, to begin to act in this direction, you need to have a clear understanding of the necessary steps.

That is, it is necessary to find a plot that has not been processed and a cadastral passport has not been issued for it. To clarify information about the cadastral passport and whether the plot is in the possession of third parties, you need to contact the State Register. If more accurate information is needed, contact the land surveyor.

It is he who has accurate information about the site, and he can tell whether the site is in someone’s possession (be it a private person or the state). If the site belongs to the state, a separate certificate is issued to confirm this fact. Then you will need to clarify the location of the selected land plot.

All this is needed to have an idea of ​​where to apply to register the site. When all the information has been collected, an application is written to individual authorities with a request to register the selected land plot, indicating the purpose of its use. Local authorities will give instructions for conducting geodesy of the site and issuing its cadastral passport.

The whole procedure is not carried out for free, therefore you need to prepare for the fact that you will have to spend a certain amount, however, it will still be significantly less than what would be needed to purchase land at market prices.

When all actions are completed, the authorities ensure that information about the auction of a particular plot of land is published in a local newspaper. Anyone who wishes can take part in it.

Of course, at this point you do not win, since there may be many such people, and it will be very difficult to compete with some. However, such cases are rare.

Who has the right to free land from the state

Clause 14, clause 2, art. 39.6 of the Land Code of the Russian Federation provides for the provision of land plots to citizens who have the right to priority or extraordinary acquisition of land plots in accordance with federal laws, laws of constituent entities of the Russian Federation, as well as the provisions of your “local” Regional Law “On the regulation of land relations in the *** region”, a list is established and categories of citizens entitled to the provision of a land plot, taking into account - Need.

Please note that you can receive a free plot of land for building a house only once and only from the state or municipal land fund. Land owned by other individuals and legal entities can only be purchased, donated or inherited.

Federal benefits

Federal legislation establishes the following categories of citizens who have preferences for the provision of land plots free of charge:

1. Heroes of Russia - (Law of the Russian Federation of January 15, 1993 N 4301-I “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory” (with amendments and additions));
2. Heroes of Labor of Russia (Federal Law of January 9, 1997 N 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory” (with amendments and additions).

For citizens who have federal awards, plots of 8 hectares in urban settlements and 25 hectares in rural areas are allocated.

Regional benefits

At the regional level, land plots are provided to the following categories of citizens:

1. Large families with three or more dependent children;
2. Citizens registered with municipal authorities as needing housing;
3. Family members of the deceased hero of the Russian Federation;
4. Young families with or without children (2 different programs);
5. Young professionals;
6. Orphans;
7. Disabled people of groups 1, 2 and 3, as well as families with a disabled child. The benefit is to receive land in SNT for rent on a special priority basis (not as long as, for example, large families) and without participating in the bidding procedure;
8. Military personnel;
9. Veterans of WWII and other military operations. Veterans with military awards can apply for plots of up to 20 acres in cities and up to 40 acres in villages;
10. Police Department employees;
11. Liquidators of the consequences of the accident at the Chernobyl nuclear power plant;
12. Pensioners (under certain conditions);
13. Public sector employees;
14. Families in which a dependent person is disabled or a veteran, as well as families who have lost their breadwinner who died while participating in hostilities;
15. Residents of rural areas, provided that they have reached the age of 35 years, have completed professional training in the field of medicine, agriculture, culture, education and work in their specialty;
16. Citizens serving in the army under contract;
17. Religious organizations.

This list is constantly updated and cannot be called exhaustive.

Keeping records of citizens for the purpose of free provision of land plots in accordance with the “Regional Law” is carried out in the manner established by local governments of municipal districts, city districts, and settlements. Registration of citizens for the purpose of providing land plots for individual housing construction, running personal subsidiary plots or creating a peasant (farm) enterprise is carried out separately.

But there is also bad news - for citizens with three or more children, changes have been made to Article 39.5 of the Land Code. Now the regions have been given the right to provide support only to those families that are registered as needing improved housing conditions or meet this status (up to 11 square meters of housing per person). That is, they will give you a choice of either a plot or another form of support.

Most likely, the new rule will begin to apply to other categories of beneficiaries, who, in order to receive land for individual housing construction, will have to be registered as those in need of housing.

Resettlement programs

If a regional program for the provision of land plots has been adopted in the region of your registration, then you have the right to write to the MFC an application for free allocation of land from public property. The queue will be separate from the beneficiaries listed above. The approximate waiting time in the queue is 3-5 years.

Loan for beekeeping in Russia

At the beginning of June 2020, a bill aimed at increasing the competitiveness of domestic beekeeping products was introduced into the State Duma. The document plans to establish at the legislative level the possibility of supporting manufacturers.

The need to update legislation regarding beekeeping was previously stated in the Federation Council. Thus, Irina Rukavishnikova, deputy chairman of the Federation Council for constitutional legislation and state construction, noted that the legislative framework on this issue has not changed since Soviet times.

Given these facts, it is likely that new government programs aimed at supporting beekeeping in Russia will appear in the near future. Projects may provide subsidies and loans on preferential terms.

Already now, farmers (including beekeepers) are receiving state support in the form of preferential loans for the development of personal subsidiary plots. Targeted loans are issued by Rosselkhozbank, Sberbank, Ak Bars Bank.

The money cannot be used to purchase land in installments, but it can be used to set up an apiary, pay for bee colonies, and rent equipment.

Comparison of loan terms:

Regional forms of support and subsidies have also been developed. The availability of existing regional programs, conditions of participation and requirements should be clarified with local administrations.

Method number 1 - submit an application and wait in line

If you belong to the preferential category of citizens listed above, or have decided to participate in the national program, then it will be enough for you:

1. Write an application “On queuing up to receive a land plot” at the nearest Multifunctional Center (MFC). The application form will be provided by an MFC employee.
2. When it’s your turn, you will be invited to the administration to draw a plot. Yes, exactly a drawing, since you will be offered to draw a ticket with the cadastral number of the land plot that will go to you. You will be able to refuse the “extended” section, but then you will have to stand in line again.

The approximate waiting period in the preferential queue is 2-3 years. According to national programs, land can be obtained in a few weeks.

Let me remind you. that you can apply for a free plot of land for the construction of a residential building (IHC) only as part of improving housing conditions (the area of ​​housing according to registration is less than 11 sq.m. per person). Everyone else is given land for gardening (SNT) or vegetable gardening, where they can also build a residential building and register the house under the dacha amnesty.

Method No. 2 - receive land from the state without a queue

If you want to get land without a queue, you will have to look for a free municipal plot yourself and then apply for it. I propose to consider this method in more detail, since it makes it possible to obtain a plot of land in 2-3 months.

Step 1 - find the municipal plot on the cadastral map

Open the website of the public cadastral map: pkk5.rosreestr.ru and hover over the land plot you are interested in. So online you will receive the minimum necessary information: cadastral number, land category, area, permitted use, address, cadastral value, restrictions and encumbrances.

But most importantly, this way you can find out whether the site is free from private property. In the “Services” tab, select the “reference information on the property” section, then at the bottom of the page click “Generate a request” and click on the link with information from the Unified State Register.

We are interested in the “Rights and Restrictions” item, which is missing here, which means the site is free. Here you can submit a request for registration of rights by clicking on the appropriate link.

Step 2 - make sure the site is publicly owned

Before submitting an application for a found plot, I advise you to document that there is no private owner or tenant. Unfortunately, RosReestr provides information about owners only on a paid basis. But if the plot still belongs to someone, but the information on the cadastral map (as often happens) has not yet been updated, you will save at least a month waiting for a response from the administration.

We need the special notes in section No. 1 of the extract from the Unified State Register to indicate: “The information necessary to fill out section 2 is not available.” This means that the land plot is in public (state) ownership and does not have a private owner or tenant.

Rosreestr sends extracts from the Unified State Register within 3 days (there are delays). If you want to make sure that the owner is absent faster, I recommend ordering extracts directly through the Rosreestr API - this way you will receive the document within an hour. The cost is the same - 250 rubles, the official data is from the Unified State Register of Rosreestr and is confirmed by the registrar’s electronic digital signature (EDS).

Extract from the Unified State Register of Real Estate, which I recently ordered through the Rosreestr API

Step 3 - submit an application for a land plot

When a free plot is found, you must submit an application to the district administration (or the same MFC) for the provision of a land plot. The application can be submitted electronically on the State Services portal or during a personal visit (recommended). The application shall indicate the following information:

• surname, name, patronymic of the applicant;
• passport data;
• registration address and place of actual residence, home or mobile phone number, email address;
• description of the essence of the request;
• address or description of the site location;
• cadastral number;
• list of attached documents.

In addition to information about the land plot, the application must contain documents that serve as proof of your right to receive it free of charge. If the interests of the applicant are represented by third parties, a notarized power of attorney is required. When submitting documents in person, the employee must give you a receipt for receipt of documents or an incoming application number.

The application review period is 30 days. During this time, the applicant must receive a resolution from the head of the administration on the allocation of a land plot or a justified refusal. The decision to refuse can be appealed to higher authorities or in court.

Step 4 - conclude an agreement with the administration

Upon expiration of the review period, the administration will invite you to conclude a lease agreement for a period of 3,5,10 or 49 years (the lease period depends on the type of permitted use). After signing and registering the lease rights in RosReestr, you become the legal owner of the land plot.

Please note that owner and proprietor are fundamentally different concepts. Since you submitted an application for preferential receipt of land, the plot will be transferred to you for use without an auction. But you need to be prepared for a possible draw with other applicants: the process resembles the Lotto game, only instead of barrels there will be notes with cadastral numbers of land plots.

Industrial land

Advice from lawyers:

1. Is it possible to convert industrial land into private construction?

1.1. If the land use and development rules of your city do not include individual housing construction in permitted types of use or in auxiliary types, then no.

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2. Is it possible to rent a plot of industrial land without an auction?

2.1. Good afternoon Article 39.6 of the Land Code of the Russian Federation lists the grounds for granting a land plot for rent without holding a tender. Good luck.

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3. How to convert farm land into individual housing construction or industrial use.

3.1. If this is agricultural land, then this is decided at the level of the regional administration. The question is very complex, lengthy and VERY EXPENSIVE.

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4. I bought land within the city of Moscow Region for industrial purposes with a building of 130 m2 in ownership, but this building has an extension of 90 m2 (not finished unfinished), which is not formalized in any way. The land under the main building and under the extension belongs to me. How to put this extension into operation (capital construction)? 'Information from the legal social network https://www.9111.ru was used'

4.1. Hello. Legalize self-construction through the courts and there will be no problems in the future.

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5. I bought land within the city of Moscow Region for industrial purposes with a building of 130 m2 in ownership, but this building has an extension of 90 m2 (not finished unfinished), which is not formalized in any way. The land under the main building and under the extension belongs to me. How to put this extension into operation (capital construction)?

5.1. Hello, Make a project, get all the approvals from the regulatory authorities, sign the commissioning certificate, make a BTI technical passport. It is possible that you will have to legitimize it through the court if there is a building, but initially a building permit was not issued. I wish you good luck and all the best!

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6. We have industrial land. On the territory of this site there is a 4-story building. On the ground floor there is production. The remaining three floors are commercial. Representatives from the supervision of the land issue are demanding that the entire area under the building be converted to commercial use. Is this legal? And how to correctly distribute this site into an industrial and commercial zone?

6.1. Good afternoon See the PP of your MO, perhaps in this zone the type of permitted use is established as the main “industry” and the auxiliary “for commercial activities”. In this case, both types will “work”. Best wishes!

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7. There is an area with warehouses and a store in the property. We pay a land tax of 1.5 percent annually, the purpose of the land is for warehouses, industrial. They paid like for other lands. The question is: is it necessary to change the purpose of the land under the store, since we were told that where trade is carried out, there should be a different purpose for the land and the tax should be paid from a different cadastre? What to do in this case - divide the lands in one territory and pay differently?

7.1. It’s easier to light up the store in a different way somehow. For example, a store-warehouse or a warehouse with delivery of goods at the warehouse, and payment in another place (this is no longer quite a store).

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8. It is necessary to lease land from the state. Category: agricultural purposes. The total area is 130 t. sq.m. But we only need 10 t.sq.m. with a change in category to industrial use. What will be the procedure? I need to rent the entire plot and later demarcate it, or it is possible to demarcate the plot before concluding the lease and change the category and then conclude a lease agreement for the plot I need.

8.1. If the site is temporary, then it will not be possible to divide it. Then it is necessary to conclude a long-term lease agreement and register it with Rosreestr, and then deal with the division. And the transfer of the separated section. The transfer of agricultural land to industrial land is the responsibility of the regional administration. Such a transfer is possible only if the general plan of a rural settlement defines this territory as an industrial zone. If the plot has a status of registered, then all this can be done before you rent the plot.

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9. A plot of land is being sold at an auction and there is an unregistered warehouse building on it (there was a large construction base and it was divided into plots) land - Permitted use: For the placement of industrial facilities, for buildings and structures for industrial purposes. QUESTION: If I buy land, do I become the owner of the buildings? And are there any difficulties with their further registration? The buildings are about 25 years old.

9.1. Good afternoon. Ownership of land and ownership of other real estate (buildings) are different things. To talk about possible difficulties in registration, you need to understand what documents are available and how your right to them will be confirmed.

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10. Is it possible to register a security booth as a property? There is only the foundation. We want to register it as unfinished. Is it possible to? Industrial land. Thank you.

10.1. Good afternoon A security booth is not an industrial production facility or an industrial facility, but an auxiliary building. But you can register this building as your property, but this will not give you any advantages.

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11. Can a land plot on land for industrial purposes (Land category: Lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, defense lands, security lands and lands for other special purposes) have permitted use “For conducting livestock farming by citizens?

11.1. Good afternoon It is necessary to familiarize yourself with the land use and development rules, which contain the types of permitted land use.

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11.2. Hello, No, it cannot. The purposes for using this land plot are clearly stated in the corresponding category of land.

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11.3. No, of course, you can’t engage in livestock farming on industrial lands. It is necessary to convert land into agricultural land. RUSSIAN FEDERATION FEDERAL LAW On the transfer of lands or land plots from one category to another, Article 3

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12. The essence of the question is this: a plot of land with buildings was purchased in 2015. As far as I understand, the cadastral value will not be taken into account during the sale (introduced only in 2020). Land income taxes (huge) have not yet arrived. Can I sell the land and then dispute the inherent taxes? Industrial land.

12.1. Hello! You will have the right to argue with taxes after the land is sold. You, as a taxpayer, have such a right and are not related to the ownership of land.

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12.2. Good evening! After the sale of the land. plot, you will pay taxes only for the period that you owned the land; it will be pointless to dispute this. Sincerely, Tumanova N.M.

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12.3. No, you can challenge the cadastral value as the owner. Thank you for contacting us, entrust your questions to the specialists, and we will provide you with real legal support and assistance.

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13. Please tell me what risks a lender faces when issuing a loan secured by a land plot. The land plot is owned by an individual living in another region of the Russian Federation. The land plot is located in a different region, the purpose of the plot is: industrial lands, energy, transport, communications..., space activities, defense lands, permitted use of industrial enterprises of hazard classes 1-4. Thank you.

13.1. Dear Irina. If you work in a credit institution, then I would like to know the point of view on this situation from your lawyers... What do they think about this?.. However, let me give you not entirely legal advice. I believe that issuing a loan against such collateral is risky. The reason is not the liquidity of the land plot offered as collateral. The most reliable collateral for land is when the land is classified as “land of settlements”. In your question you indicated a different category: lands of “industry, energy, transport, communications..., space activities, defense lands,” and the permitted use is “industrial enterprises of hazard classes 1-4.” Based on the meaning of this information, it is clear that if certain events occur, your credit institution will have problems with a possible foreclosure on the mortgaged property.

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14. What will be the basis for calculating income tax when selling individuals. face of industrial land. Owned for less than 3 years.

14.1. The tax base for the sale of land will be calculated from the difference between the sale price and the purchase price. In this case, the sale price should not be lower than 70% of the cadastral value.

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15. I want to open a sawmill. He demarcated the land, but they refused to transfer it from agricultural lands to industrial ones. Can I build on this land?

15.1. “Can I build on this land?” Hello! If you have been refused the transfer of agricultural land. Industrial purposes, you cannot build a sawmill on this land. Good luck and good luck!

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15.2. Agricultural land destinations on your property, please clarify. What type of permitted use is established. It is allowed to build on part of the building for further work on the land.

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15.3. Evgeniy, but you have already been refused, let’s decide humanly... Contact us and they will hear you. You can always find a way out of any situation. Good luck and all the best to you!

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16. Good day, I’m planning to open a Business in the form of an LLC, I’m trying to find funds in the amount of 4-5 million rubles, but I don’t have collateral, I’m trying to find an intermediary, Lily 3rd person who plans to sell his property, for example, a land plot for industrial purposes, how can I register correctly This is a purchase and sale agreement so that this land will be used as collateral for the bank and the person will receive his money for the plot.

16.1. Hello. If you take out a loan to purchase this plot, then there is a regular mortgage agreement. And between you there is a regular purchase and sale agreement. As a rule, banks draw up these agreements themselves. Otherwise, he will act as a guarantor, but where are you going to get the money? All the best. Thank you for choosing our site.

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17. What approvals are needed (for service stations). Land - owned, intended for (industrial facilities), construction - (is it Temporary)?

17.1. Hello Vladimir. Commercial consultations are provided for a fee. Thank you for visiting our website. Always happy to help! Good luck to you.

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18. I own industrial land, and to conduct electricity I must connect to a common line. From there to the border of my plot is 40 meters. Can I install a power pole on agricultural land to carry electricity to me?

18.1. Good afternoon, you need to agree on the project and obtain the consent of the agricultural balance holder. Zemel With respect to you, Evgeniy Pavlovich Filatov.

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19. I own a garage, which is located on industrial lands (permitted use for individual housing construction). Can I buy this plot at the cadastral value? Cadastral passport, land surveying, subleased plot.

19.1. Can I buy this plot at the cadastral value? Cadastral passport, land surveying, subleased plot. —read the sublease agreement. We didn't see him.

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20. Please tell me what the distance should be between industrial land (quarry) and populated areas. My site is located 200 m from the quarry being developed (sand)

20.1. It is unknown; federal legislation does not specifically regulate such a distance between such two objects.

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The individual entrepreneur owns industrial land. You can enter into an agreement for the free use of a land plot with another individual entrepreneur,

Oil exploration and construction of an industrial facility are planned in the pasture.

Is it possible to buy the land under an enterprise privately? Property rights: lands of the Russian Federation industrial, defense, etc.

Question: I want to buy a plot of land, it is for industrial purposes,

It is necessary to transfer the land plot from industrial use to housing construction,

How to calculate the redemption value of a land plot, land in federal ownership. Purpose: industrial enterprises.

I own land, the purpose of the land is industrial, I want to build a car wash, tire service, auto shop. Where to start, what permissions are needed?

Commercial real estate has been built on individual housing construction land. Is it possible to first legalize it, and then change the purpose of the building to industrial in order to open a store?

How to calculate the cost of a land easement? I own a road (according to documents, industrial land)

Good afternoon, there is a plot of agricultural land. destination, I know that this site was included in the list of lands for an industrial zone, where you can see the official document.

We received permission to build a mini-factory and began to build and at the same time transfer land from rural areas.

Is it possible to change a plot for a beneficiary to a plot in another location?

It will be possible to change a land plot only if it is recognized as unsuitable for the purposes for which it was issued. Those. if it’s an individual housing construction project, but it’s impossible to build a house there, then they’ll change it. Reasons such as market value and location do not serve as a reason for replacing a land plot. In such cases, I recommend that you first obtain/register the land, and then, in accordance with civil law, you can enter into an exchange or sale agreement.

Also, after receiving a “preferential” plot, you have the right to again contact the administration for the plot of interest to you, but on a general basis to lease the land from the state (method No. 4). You are also not limited to challenging the decision in court. If you contact the administration, please contact the administration in writing; a verbal refusal is not supported by anything.

Rent of land from the city administration

My wife and I want to purchase a plot of land to build a house where we will live. I heard about the possibility of either buying it from the city administration through an auction or renting it through the same auction. But I can't understand the terms of the lease. Is it followed by a ransom or what? And how to find out the cost of land? For example, I chose a plot of land on the outskirts of the city in a village under construction - on the website of the administration of the city of Essentuki I did not find anything, neither about bidding nor about rent. How to do it better? Or buy land from agencies and private sellers?

3. You will be notified several days in advance of the start of auction trading. To participate, you need to contribute 10-15% of the initially stated price for the land plot. If you fail to win the auction, the amount you paid up front will be returned to you or you can keep it as a deposit for your next bid.