If you are the owner of a land plot under a lease or other right of use, you have the right to apply to the local government body with an application to purchase the land plot into ownership, having previously collected all the necessary documents for the purchase of the land
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The procedure for purchasing land is regulated by the rules of the Land Code of the Russian Federation and other land laws. In general, the redemption procedure depends on the duration of use of the land plot and the presence of built real estate objects on it, which, in turn, secure your rights to the land located under them.
Our company has been professionally engaged in processing the purchase of land plots for many years. We help at all stages of the purchase and accompany the buyer until the registration of land ownership rights in Rosreestr.
Geodesy-Cadastre specialists will prepare documents for the purchase of land in Moscow and the Moscow region.
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The cost of paperwork for the purchase of land is from 6,000 rubles.
Pensioners receive a discount.
What is the redemption value of a land plot?
The redemption value of a plot is considered to be the price for the free transfer of land leased from the administration into ownership. In certain situations, it is used to buy out a plot of land from a citizen by local authorities. For example, when the state withdraws a site for its benefit for public needs or other activities of the region as a whole.
Sometimes you can come across another name for the redemption value - cadastral value, this is due to the fact that its calculation is carried out on the basis of information from the cadastre.
For the payment of taxes, which are calculated based on the cadastral value of the land plot, the redemption value does not play any role, and it is also insignificant when buying or selling a land plot. Typically, market relations independently form prices and determine the demand for real estate.
You can find out how the purchase of a land plot from lease to ownership is carried out in practice in this article.
It is necessary to know the redemption value in case of purchasing land from government representatives, for example, the administration. Most often, a citizen receives rights to land when he has already spent the chance to privatize the land plot; according to the law, privatization is allowed only once.
How to find out the cost of purchasing land in the Moscow region? Step-by-step instructions are in this video:
According to the privatization law No. 1541-1 of July 4, 1991, the second and subsequent registration of allotments cannot be carried out free of charge, therefore, in such situations, transactions with property require compensation for the cost of the land plot:
- The site, leased from local authorities, is being re-registered in connection with the construction of a capital structure on it.
- An allotment is transferred into ownership, which is in perpetual use or inherited for life. What is the right of permanent perpetual use of a land plot - read the link.
- The citizen entered into inheritance rights, but initially the land area under the house was not the property of the previous owner.
- The transaction for the transfer of property rights to real estate is carried out on municipal land.
In all the situations described above, the local administration can set the redemption price.
What is the difference between the redemption value and the market and cadastral value?
The purchase price is always fixed and is not affected by any factors that influence the real estate market as a whole. For example, the market price of land often falls in October - December, but in the spring sellers stop making discounts and return to the previous, often inflated, amounts. With the redemption price, such seasonal fluctuations are impossible.
The cadastral value of a land plot by cadastral number is less static; it changes approximately once every five years after an inventory of land plots has been carried out.
The basis for the calculation is the future possible income with the most efficient use of the territory, and it is also used as an integral part of taxation. Land tax and redemption value are calculated by the local administration based on laws.
Finally, the owner himself can, at his own discretion, influence the final (market) value of the plot; the price changes both up and down under the influence of competition or other factors.
You can read how to find out the cadastral value of land by cadastral number online here.
What is the difference between the redemption value and the cadastral value?
Moreover, all participants in the transaction must have full access to important information and documents, as well as act at their own discretion without coercion.
Market value can be used as:
- starting point when bidding for the right to own a land plot;
- determining the amount of rent;
- to calculate the ransom price.
Please note that the redemption value does not depend on the revaluation of the land, although this procedure is also carried out by local governments. The basic redemption price changes due to calculation formulas and cadastral value norms, as well as administration decisions in each specific case.
The assessment of the redemption price is carried out by the owner of the land plot, that is, a representative of the regional or federal government, as well as by local administration bodies.
Land in 2020 redemption of the Moscow region increase
Houses and plots purchased under the dacha amnesty are also subject to registration! This provision was also approved by Decree of the Government of the Russian Federation dated December 1, 2012 No. 2236-r “on the action plan (“road map”) “improving the quality of public services in the field of state cadastral registration of real estate and state registration of rights to real estate and transactions with it.” Paragraph 21 of Section 2 of the “road map” defines the following: “Establishing, from January 1, 2020, a ban (without exceptions) on the disposal of land plots for which there is no information about the location of the borders.”
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Addition to a plot under the dacha amnesty Free of charge (without purchasing extra acres), you can legalize the appropriation of land not exceeding 10% of the area of the plot, in order to clarify the boundaries. Extension" refers to an increase in the actual area of a plot due to unauthorized occupied lands. The land at the expense of which the “cutting” is carried out cannot go beyond the “red lines” - lines that mark the boundaries of communications, roads and other linear objects - or belong to another territorial zone.
How to obtain information about the cadastral value of land
You can find out the size of the redemption value of the land from representatives of local authorities by submitting an application for registration of an allotment of property, which must be accompanied by papers confirming the status of the owner of the land.
Such documents include:
- resolution on the allocation of land, dated any year;
- an agreement confirming the completion of a property transaction regarding real estate located on the site;
- land lease agreement between a citizen and the administration.
The application must be considered by a special commission at a public hearing; if the decision is positive, the information is entered into the protocol and a purchase permit is issued. Along with the statement, a receipt must be issued where the cost of the ransom is calculated.
Check that it also describes the basic parameters used to calculate the amount along with the decryption.
Methods for calculating the redemption price based on cadastral value
The minimum amount of money that will have to be paid for the land depends on the interest rate. It is established for each category of buyers separately and calculated from the currently established cadastral value. The exception is when purchasing real estate.
Article 281 of the Civil Code of the Russian Federation on the redemption value of land.
To summarize, the percentage rate of the redemption value of land from the cadastral amount is:
- 50% for the elderly and disabled (the percentage is valid in certain regions of the Russian Federation);
- From 20 to 60% in case of renting a land plot from the state;
- 80% when changing the category of land or when intended use.
Local governments have the right to assign additional benefits or subsidies to certain categories of citizens. For example, in some regional centers, local authorities have signed documents that provide a benefit of half the cost of an allotment for elderly people, provided that the land plot is located outside the city.
In addition to pensioners, the category of beneficiaries also includes people with disabilities; in some cases, preferential purchase of a plot of land by a large family is allowed.
If a citizen wants to rent a plot of land, then the amount of payments ranges from 20 to 60% of the cadastral value. The specific percentage of the calculated rate depends on the decisions of the administration made as a result of a special commission.
Differences in percentages most often depend on the lease term or other method of ownership; the longer a person uses the land, the lower the rate. Various buildings and other property located on the territory can also affect the final price.
The last and strongest factor influencing the reduction in the cost of redemption is considered to be a change in the category of land or intended purpose, in some cases the “discount” reaches 80%. True, the future owner is obliged to collect a set of documents confirming the intended use and make sure whether the territory is suitable for his future activities.
It is worth noting that the percentage associated with the time the land plot was held by the title owner is also calculated from the established value.
The relationship between the population and the redemption price for land.
Who can buy the land at the lowest price
To summarize, the right holder who has:
- the land plot has been owned for at least 10-14 years;
- There are permanent structures on the territory.
Then the final redemption value will be only 20% of the cadastral value for municipal land plots and 2.5% for federally owned plots.
Calculation of the redemption value of a land plot that belongs to a citizen by right of ownership, at least since 2010, has been carried out according to the formula: total area of the territory x (cadastral price per square meter of plot x 1.5%) x 10 times the area.
Some features and examples of calculations
It has been noted more than once that the final ransom amount depends on the cadastral valuation of the land plot. However, when setting the redemption price, it is necessary to focus on the estimated amount current at the time of acquisition of real estate, which is located on a non-privatized territory. Unfortunately, many people are unknowingly based on the current assessment.
For clarity, let's look at the following example. Let a citizen buy a private house in 2000; subsequently, the property was repeatedly revalued, but the redemption price is set in accordance with 2000.
In the case of renting a land plot, the situation is somewhat different; the citizen is obliged to refer to the cadastral information valid at the time of filing the application.
The applicant has the right to set his own ransom price and indicate it in the application, then the administration must either accept this amount as the basis or refuse the transaction. If a refusal is received, the citizen can file a lawsuit in court.
Please note that when re-registering, you need to transfer registration data to Rosreest, guided by Federal Law No. 122-FZ, dated July 27, 1997 and Article 131 of the Civil Code of the Russian Federation. If any difficulties arise with the registration of land free of charge, then the plot can be purchased for a fee by paying a certain price.
You can see how to calculate the purchase price of land in the Moscow region and other regions of the country here:
Difference between legal entities and individuals
The difference in the implementation of the procedure for purchasing a land plot without bidding between legal entities and individuals is quite large:
- The number of documents to be completed for a legal entity is significantly greater, since in addition to confirming its right to participate in the procedure for purchasing a land plot without bidding, a legal entity will also need to formalize in the appropriate form information for what purposes such a plot will be acquired;
- Increasing the time frame for completing a transaction (this is due to the increased number of documents for legal entities that should be subject to careful verification);
- The cost of processing all documents (for a legal entity the state duty will be higher than for an individual).
These are the key differences between individuals and legal entities.
For this reason, it may be more convenient to consider the option when the initial registration of land without bidding will be carried out in the name of an individual, and then a classic purchase and sale is carried out, but to a legal entity.
It became possible to buy land without bidding from the administration in March 2015, when amendments to the Land Code came into force. However, in order for such a procedure to be carried out, it is necessary to fully comply with the requirements for such categories of persons and be able to prove their right to acquire land without participating in competitive procedures.
Dear readers, the information in this article may be out of date. If you want to know how to solve your specific problem,
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Based on legislative acts, every citizen has the right to acquire a certain plot of land for conducting any activity or constructing residential real estate.
Current legislation establishes many options for how a certain territory can be transferred for the use or private ownership of citizens, and each has its own subtleties.
In particular, it provides for the purchase of a land plot without bidding, which will significantly speed up and simplify the procedure for obtaining real estate by individuals.
Arbitrage practice
By analyzing judicial practice, certain conclusions can be drawn. One of them concerns the impossibility of purchasing a land plot with an unfinished facility on it (clause 1, article 36 of the Land Code of the Russian Federation).
It turns out that you can buy a plot of land only with a completed real estate object, since the unfinished property is not used for its intended purpose.
However, there may be exceptions here, which are described in paragraph 3 of Art. 28 of Federal Law No. 178 of December 21, 2011.
Price issue
As mentioned above, one of the key differences that distinguishes the acquisition of land without tendering is the cost. The purchase price of a land plot that is state or municipal property can be based on the results of an auction or in the amount of the initial price.
In accordance with current legislation, the cadastral or market price of the specified object, provided for by the relevant documents, is established as the initial price. Setting the initial price at the cadastral level is provided only if the cadastral valuation was carried out at least five years before the auction.
If a purchase and sale agreement for the specified real estate is executed without holding a tender, then in this case the value of the real estate cannot exceed the cadastral value.
What lands can you count on?
In accordance with the norms of current legislation, certain land plots can be obtained into private ownership without the need for formal open tenders.
In particular, this category of sites includes:
- lands intended for the construction of individual housing or personal farming;
- territories intended for the formation of a peasant or farm enterprise, as well as various areas that are required for organizing agricultural production;
- lands necessary for the development of the housing stock, if an agreement on such activities was drawn up with the person who will be involved in such development;
- land for the formation of all kinds of infrastructure;
- areas that are required for the construction of any monuments or religious sites.
This list is prescribed in the Land Code, and the list can only be expanded if appropriate adjustments are made to the specified collection of regulations. In all other situations, the provision of land plots without holding official tenders is not provided.
If we talk about when it is possible to formalize the transfer of ownership rights to certain territories without holding an auction, then we should not forget that in order to exercise this right certain conditions must be met, namely:
- the acquired land plot must be used by the potential buyer for a certain period of time in accordance with its intended purpose;
- various plans were agreed upon on the basis of which the development of the housing stock or individual infrastructure facilities would be carried out;
- there is evidence that the need to erect a certain monument or other religious site is indeed present.
If these conditions are not met by the potential owner, then he may simply be refused to carry out such a transaction.
