Purchase of land from the state at cadastral value

Innovations in the Land Code

According to the provisions of the current Land Code of the Russian Federation, the purchase of a land plot from the administration has the following features:

In a timely manner, an undelimited land plot without approved construction rules becomes the property of the local administration.
Developers carrying out complex construction during the auction have an advantage over individual construction companies.
Municipal land plots can now participate in the auction for the sale and lease of land. The main condition is the presence of an application from citizens.
Plots included in the category of land for the construction of various types of buildings and structures can only be leased during the auction with a subsequent pre-emptive right to purchase.

Attention! If previously, in order to purchase land for construction, it was necessary to contact the city or district administration, today it is enough to submit an application to the local administration, and it does not matter whether it is a village or a city.

Cadastral value

The cadastral value of a plot must be established in the event of sale, lease or other alienation of land owned by the state, constituent entities of the Russian Federation and local municipalities.

The concept of cadastral means the value of a plot, established as a result of the assessment work required by law, taking into account the purpose of this type of land and its functional use in accordance with the Law on Valuation Activities of the Russian Federation (dated July 29, 1998) and the Rules for the State Cadastral Valuation of Lands (dated April 8. 2000).

Features of purchasing land from the state

The process of selling state property has the following differences:

the purchase of land is possible only as a result of winning an auction or competition;
every citizen of Russia has the right to act as an auction initiator and participant;
the cost depends on the results of the auction, but it cannot exceed the cadastral price;
The starting price from which the auction is held is set by the local administration.

Important! If less than 2 participants participate in the auction, then it is declared invalid and the applicant can buy the land without bidding.

Stages of land purchase

Purchasing a plot of land from the state consists of 7 stages:

Stage 1. Search for land

You can search for land in two ways: use the Rosreestr map (select land that is not registered in the cadastral register) or contact the local administration (check the possible options for land plots that could be purchased).

Attention! A site that is not registered in the cadastral register must be displayed on a special layout diagram. You can do it yourself (through special programs) or order it from a private cadastral engineer (from 500 - 2,000 rubles).

Stage 2. Submission of an application requesting the allocation of a land plot

In order to carry out all subsequent work, you must obtain permission to allocate the specified land plot. To do this, you need to submit an application and a site plan to the local administration.

How to obtain undelimited land plots in the Moscow region without bidding

All land in the Russian Federation that is state and municipal property is provided through auction, with the exception of certain cases.

The conditions under which such land plots can be provided without an auction are regulated by the Land Code of the Russian Federation.

Read about who has the right to provide land of undelimited state and municipal property for rent or ownership without holding a tender in the Moscow region and what must be attached to the application for this service in the material of the mosreg.ru portal.

Find out how to get land for free in the Moscow region>>

What is an undelimited land plot?

All land in the Moscow region, as throughout the Russian Federation, is determined by the form of ownership as demarcated and undemarcated. Demarcated land is land that is owned: privately, federally, federally or municipally. Undemarcated land is land for which there are no title documents.

Land is considered undemarcated (state) until rights to it arise and are registered. The disposal of land plots of undelimited property is determined by land legislation.

The powers to dispose of state-owned undemarcated land have been transferred to the level of local governments, and, consequently, the provision of corresponding services to residents of the region.

In the Moscow region, this activity is regulated by the laws “On the redistribution of powers between municipal bodies of the Moscow region and state authorities of the Moscow region” and “On the vesting of local government bodies of municipalities of the Moscow region with certain state powers of the Moscow region in the field of land relations.”

Find out how to draw up a town planning plan for a land plot in the Moscow region>>

Recipients of the service

The public service for the provision of lands of undelimited state and municipal property for rent and ownership without tendering is provided to individuals, legal entities, as well as individual entrepreneurs. However, according to Articles 39.3 and 39.6 of the Land Code of the Russian Federation, the right to receive land without bidding arises only if a certain number of conditions are met.

Thus, Article 39.3 of the Land Code establishes the conditions under which the sale of such lands can be carried out, as well as a list of persons who can act as buyers. In particular, the sale of:

land plots on which buildings and structures are located - to the owners of such buildings, structures or premises in them in cases provided for in Article 39.20 of the Land Code (that is, if there is a house on a plot of undemarcated state property, the rights to which are registered, the owner of the house can apply for land ownership);
land plots for citizens for individual housing construction, running personal subsidiary plots within the boundaries of a populated area, gardening, dacha farming, citizens or peasant (farm) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 of the Land Code;
land plots for a peasant (farm) enterprise or agricultural organization in cases established by the Federal Law “On the Turnover of Agricultural Land”.

Article 39.6 of the Land Code of the Russian Federation defines cases when undelimited lands are leased without bidding. In particular, the following are provided without bidding:

a land plot formed from a land plot provided to a non-profit organization created by citizens for gardening, horticulture, summer cottage farming, with the exception of land plots classified as public property - to members of this non-profit organization;

the land plot on which unfinished construction objects are located, once to complete their construction - to the owners of unfinished construction objects in the cases provided for in paragraph 5 of Article 39.6 of the Land Code;
land plots - to citizens who have the right to their priority or extraordinary acquisition in accordance with federal laws, laws of constituent entities of the Russian Federation (for example, large families);
a land plot in replacement of a land plot provided to a citizen or legal entity on a lease basis and seized for state or municipal needs;
land plot - to a person who, in accordance with the Land Code, has the right to acquire ownership of a land plot that is in state or municipal ownership, without holding a tender, including free of charge, if such a land plot is reserved for state or municipal needs or is limited in circulation ;
a plot of land - to a citizen for haymaking, grazing farm animals, and gardening;
a plot of land located outside the boundaries of a populated area - to a citizen for running a personal subsidiary plot;
a plot of land necessary to carry out the activities provided for in the concession agreement - to the person with whom such an agreement was concluded (for example, for investment projects).

Comprehensive lists of cases of sale of plots of undemarcated state property or their provision for lease are contained in the Land Code of the Russian Federation.

How to get land for a large family in the Moscow region>>

How to make an application

The easiest way to apply for a service is through your personal account on the regional government services portal, where you need to fill out a ready-made form. The submission of this application is equally provided for both in the case of renting land plots and in the case of granting them ownership.

In this case, legal entities must provide the following information:

information about the USRN;
TIN;
name of company;
organization address;
organizational and legal form.

Individuals must provide the following information:

FULL NAME;
passport details;
SNILS;
Contact details.

Both individuals and legal entities must indicate in the application the cadastral number of the plot that is required to be provided for ownership or lease, the lease term, the address and area of the plot, and also indicate the purpose of the request.

If the land plot is not formed, that is, it does not have boundaries and a cadastral number, you must first apply for.

As a result of this service, the boundaries of the site and the type of right to it are determined.

This is important because in the event that the requested lands cannot be provided for ownership for one or another objective reason, the applicant will be offered an alternative - renting a plot.

Find out how to register real estate in the Moscow region>>

Where to apply

The most convenient and fastest way to submit an application is to apply through the RPGU, since it allows you to avoid going through the structures and makes it possible to track the entire process through your personal account.

For this purpose, you first need to register a personal account and obtain registration in the electronic system of unified identification and authentication.

You can submit an application by filling out the form in your personal account on the government services portal and attaching electronic samples of documents (without digital signature) to it. You will need to receive the result of the service at the MFC, where you will need to present the original documents for verification.

As a result of the provision of the service, the applicant will receive a land lease agreement or a land purchase and sale agreement.

Read about the Moscow Region MFC: types of services for citizens and entrepreneurs>>

Terms of service provision

The period for consideration of the application is from 8 to 50 working days, depending on the need to publish about the upcoming provision of a land plot and consider the issue at the Interdepartmental Commission on Land and Property Relations in the Moscow Region and the Urban Planning Council of the Moscow Region.

Information about the result of consideration of the application will be sent to the applicant’s personal account on the public services portal. The original purchase and sale agreement or lease agreement with the signature of an authorized official and the administration seal can be obtained from the MFC.

Information about the readiness of results is also provided via a single telephone number.

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Ivan Pyshechkin

Source: //mosreg.ru/sobytiya/novosti/news-submoscow/kak-poluchit-nerazgranichennye-zemelnye-uchastki-v-podmoskove-bez-torgov