How to prepare documents for a land plot if there are no documents

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Published: 12/18/2017

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Situations in which the owner does not have documents confirming the legality of ownership of a land plot are far from uncommon. Basically, this situation arises in relation to plots transferred for use back in Soviet times before the Land Code came into force. Often land was allocated to citizens without proper documentation, and today it is very difficult for them to confirm their ownership.

Without which documents can you register land?
Step-by-step instructions for registering ownership of a land plot in the absence of documents Stage 1. Restoration of title documents.
Stage 2. Registration of the site for cadastral registration
Stage 3. Registration of property rights
Stage 4. Obtaining a title document

In order for the landowner to become the full owner of the plot and not have to fear claims to his land from third parties and accusations of squatting, he must have title and title documents in his hands.

The first group of documents confirms the basis for the emergence of property rights. To such documents on the basis of Art. 131. The Civil Code of the Russian Federation includes:

an act on the transfer of land for use back in Soviet times or an extract from such an act;
decisions made by the board of collective farms/state farms;
purchase and sale agreement, if the land was obtained as a result of a paid transaction;
gift agreements;
barter agreements;
certificate of the right to inheritance, issued as a result of the entry into force of a will or during inheritance according to the rules of law;
a court decision confirming the legality of the plaintiff’s claims to the site.

Documents of title are secondary to those establishing title. These include documentation that serves as an official confirmation of property rights and confirms that the grounds for its occurrence were properly documented. Such documents include: a certificate of ownership (issued until 2020), an extract from the Unified State Register (provided until 2020), an extract from the Unified State Register (issued after 2020) in electronic and paper format.

Registration of land ownership in the absence of land documents

To register a plot of land as your own, it is necessary to secure the rights to it by legal means. Otherwise, there are simply no legal grounds for full use of the land. As a consequence, privatization is also impossible.

The situation will not change even if this plot was purchased by you, donated, and even passed into your hands by inheritance. In any case, you will have to legally secure your rights to the land . In turn, privatization becomes available after submitting certain documents to local authorities.

How to register ownership of a land plot if there are no documents

Endowed with official ownership rights, the landowner will be able to sell the plot, exchange it, transfer it through a will or deed of gift, take out a loan from a bank by mortgaging the land. Also, the registration procedure provides more opportunities to protect the rights of the owner if the authorities want to seize the site for municipal or state needs.

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Before starting registration and collecting documents, it is necessary to determine who the property will be registered in the name of: a legal entity or a specific citizen. In both cases, the legality of further disposal of the land depends on the correctness of the registration procedure.

What documents will be needed

First of all, you should obtain a document confirming that the plot of land has been provided to you for permanent and unlimited use. Or you inherited it with the right of lifetime ownership. Such acts have many different names, but, as they say, the essence is similar;
Next, you need to contact the district administration to issue an extract from the household register;
There, at the local government office, you should also take an act confirming the receipt of the land. Often such documents are called certificates. In fact, they do not confirm the rights to own land, but are only implied. This means that you have the right to register the land in your name, but at the moment you are not its owner;
Any other documents confirming that this plot actually belongs to you will also be useful. Suitable: a contract of sale or gift, as well as any evidence indicating that you inherited the land;
You cannot do without a passport of a citizen of the Russian Federation;
Moreover, the application will not be accepted without a receipt confirming that you paid the state duty when registering the rights to own the land;
And, of course, the statement itself. Indicate the reason for obtaining the rights. This can be either building a home or running a household - it all depends on your desires.

It will be better if you make a couple of copies of the above documents, just in case. The fact is that some will be needed to paste them into one or another appeal. By making copies in advance, you will get rid of a lot of unnecessary problems and legwork.

How to register ownership of a land plot if there are no documents

Order cadastral documentation from the MFC or Rosreestr. When submitting an application, you must submit a payment document certifying payment of the state fee. When filling it out, you need to provide the exact address of the plot’s location. The fee for citizens is 200 rubles, for companies – 600.
Receive a receipt confirming the acceptance of papers accepted for work. Five days after submitting the application, you can pick up the cadastral passport.

The commission determines the possibility of transferring the object, as well as whether it is free. Based on the results of the inspection, it is presented to the property free of charge or through sale for a fee.
After signing the relevant agreement, registration steps can be taken to transfer ownership to the applicant. To do this, you must submit an application to Rosreestr and attach the following documentation:

The decision to transfer the area into ownership free of charge or for a fee;
Identity document;
Cadastral passport of the territory;
Receipt for payment of state duty.

How does registration work?

You must understand that to register ownership of a plot of land in one working day. Thanks to the instructions described below, you will understand the order in which the registration process is carried out:

First, you should do an executive survey of a plot of land. In the future, it will be useful to document the accuracy and correctness of the design when building something on this land. You will have to contact a professional surveyor, they are the ones who do this kind of surveying. And for this you need to visit a land management company. This process alone can take you from two weeks to a month. The service, of course, is not free - prepare to spend money in the range of eight to twenty thousand rubles. The price range is large and directly depends on your region of residence;
Then you need to draw up the borders . This is where the previously received document comes in handy. Get with him to the architecture department. Over the next month and a half, wait until they prepare a resolution from the mayor of the city, according to which it will be possible to transfer the object into your possession;
Next you will have to visit the Federal Agency for Cadastral Real Estate. Ask for a real estate extract to be given to you. It is on this basis that the land surveying process will be carried out in the future;
Well, now the time has come for land surveying . In other words, previously established property boundaries will be rechecked and documented. Thanks to this, a number of certain difficulties will be avoided. To solve this problem, contact a land management company that you know well, or you can also visit a surveying agency that specializes in providing this type of service. No one will provide the service for free - you will have to pay about five to ten thousand rubles. After a month and a half, you will receive the coveted extract with the results of the survey carried out earlier;
The time has come to obtain a cadastral passport . We hasten to please you, you won’t have to pay for it;
The final step will be to contact the local cadastral registration authority. Provide an application, a survey report, a receipt confirming payment for preparing the extract, a passport, Taxpayer Identification Number and, of course, the certificate itself confirming your ownership rights. The documents must not contain any defects or any corrections, otherwise no one will consider them.

How to register ownership of a land plot

After the collection of documents is completed, it is necessary to transfer the amount of the state fee for registration actions to the budget account. After document analysis by specialists of the registration authority, citizens receive a certificate of ownership of the land plot.

land surveying through the involvement of specialists from a land management company . The result of the survey will be the designation of clear boundaries of the site, which must be agreed upon with the owners of neighboring plots. Based on the results of the procedure, a survey file is formed, consisting of an act of approval of boundaries, a drawing of the site, a statement of calculation of the actual cost of the site;

agreement on the merger or division of a plot . The document is drawn up in any form and executed in writing. The agreement can be endorsed by a notary. The document indicates the location of the plot, the cadastral number, and also provides information about the owners of the plot;

assignment of address . The procedure is necessary for sites located within the city. The address is assigned by the Department of Architecture and Urban Planning;

cadastral registration of the site . The plot must be registered with Rosreestr on the basis of a land survey and identification documents. The procedure takes 10 days.

registration of property rights is also carried out in Rosreestr on the basis of an agreement between the owners on the division or unification of the plot, as well as cadastral passports for the land.

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How to properly register ownership of a land plot if there are no documents for it

fixed-term , that is, a land property is transferred to a specific person for use for a certain time (3, 5 years), for a specific purpose (for example, building a house, or conducting agricultural work);
indefinite , that is, the plot is given for indefinite use, and there is no need to renew the lease agreement, unlike the first option.

The next nuance lies in the legislation. Until the end of December 2020, regulations are in force that allow all land plots to be registered as property without land surveying. From January 2020, the land surveying procedure is mandatory and becomes paid.

New law on gardening from January 1, 2020 | Cadastral Engineer's Journal

On July 29, 2020, Federal Law No. 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” was adopted. The law comes into force on January 1, 2019 .

What's new?

horticultural non-profit partnerships and vegetable gardening non-profit partnerships from January 1, 2020 . Garden plots will be located in SNT, and vegetable plots will be located in ONT.

Garden and vegetable plots of land can be formed from the lands of settlements or from agricultural lands.

Reorganization of non-profit organizations created before January 1, 2020 is not required .

Previously, plots with various permitted uses were registered. In accordance with the new law, plots with permitted use “for gardening”, “for gardening”, “dacha land”, “for dacha farming”, “for dacha construction” are considered garden land plots .

Accordingly, plots with permitted use “for vegetable gardening”, “for vegetable gardening” from January 1, 2020 are considered vegetable plots of land .

*** Homeowners Association

A non-profit organization created before January 1, 2020 to conduct gardening or summer cottage farming has the right to transform into a partnership of real estate owners if the following conditions are met:

The society is located within the boundaries of the locality
Residential buildings are located on all garden plots

It should also be noted that before changing the Charter of the partnership, the permitted use of all land plots within the boundaries of the company should be changed to “individual housing construction” .

!!! There is no need to change the legal form, that is, this will not constitute a reorganization .

*** Transfer of public property to gardeners

{If common property is owned by a partnership}

Before January 1, 2024, the issue of the gratuitous transfer of public property (including a general purpose land plot) owned by the partnership into the common shared ownership of gardeners in proportion to the area of their plots must be brought up for consideration at the general meeting.

*** What can be built on garden plots?

On a garden plot of land you can build a garden house or a residential building , as well as outbuildings and garages .

For the construction of outbuildings and garages, obtaining permits is not required.

To build a residential or garden house on a garden plot, it is necessary to submit a Notification of the planned construction of the facility.

Then contact the cadastral engineer for a technical plan, and submit a Notification of Completion of Construction to the local government authorities.

In response, the developer must receive a Notification about the compliance of the constructed facility with the construction parameters (observance of setbacks from the boundaries of the site, etc.).

On a garden plot of land, you can build outbuildings that are not real estate . That is, it is impossible to register rights to such buildings.

The new law defines a garden house.

A garden house is a building for seasonal use, designed to satisfy citizens’ household and other needs related to their temporary stay in such a building.

A garden house can be recognized as a residential building and vice versa. The recognition procedure will be established by the Government of the Russian Federation.

***The number of contributions has decreased

From January 1, 2020, contributions can only be membership and targeted.

*** Territory planning project

For gardening non-profit associations, documentation on territory planning is prepared. For gardeners - a project for land surveying.

Projects for the organization and development of territories of non-profit organizations approved before January 1, 2020 are valid.

*** Register ownership of a garden plot (who only has a garden book)

Until December 31, 2020, members of non-profit organizations created before January 1, 2020 to conduct gardening, vegetable gardening or summer cottage farming have the right to purchase a plot of land without holding a tender for free ownership.

To do this, you need to contact your local government authority. Taking with you a diagram of the location of the land plot on the cadastral plan of the territory and the minutes of the general meeting of members of the non-profit organization. If the territory surveying project has been approved, then a layout diagram is not needed!

*** Do I need to change documents for buildings registered before January 1, 2020?

No no need . Replacement of previously issued documents is not required, only at the request of the copyright holders!

Buildings located on garden plots with the purpose of “residential” and “residential building” are recognized as residential buildings.

Buildings located on garden plots with a “non-residential” purpose, which are not outbuildings and garages, are recognized as garden houses.

The ownership rights of citizens to economic buildings and structures on a garden plot of land registered before January 1, 2020 are preserved. From January 1, 2020, it is prohibited to register buildings on garden plots!

Source: https://cadastral-engineer.ru/novyj-zakon-o-sadovodstve-s-1-yanvarya-2019-goda/

Registration of dachas – Land and Real Estate Registration Center

Answer:

It should be immediately noted that the current legislation does not make the acquisition of ownership of a country house dependent on compliance with urban planning requirements. That is, in order to register a country house on country land, you will only need to provide Rosreestr with a document confirming the ownership of the land and a cadastral passport for the country house (or a declaration filled out in your own hand). In this case, a simplified procedure for registering rights, provided for by the so-called Dacha Amnesty Law, applies. However, you should not forget about urban planning standards, if only because subsequently their violation may lead to claims against you both from the authorities and from your neighbors. Such requirements are contained in the Code of Rules 53.13330.2011 Planning and development of territories of gardening (dacha) associations of citizens, buildings and structures. Updated version of SNiP 30-02-97, approved by order of the Ministry of Regional Development of the Russian Federation dated December 30, 2010 N 849, the main ones are the following. 1. The area of an individual garden or dacha plot is accepted to be at least 0.06 hectares. 2. It is recommended to install a mesh fence around the perimeter of individual garden and summer cottage plots. By mutual written consent of the owners of neighboring plots (agreed upon by the board of the gardening and dacha association), it is possible to install other types of fencing. It is allowed, by decision of the general meeting of members of a gardening and dacha association, to install blind fences on the side of streets and driveways. 3. A residential building or residential building must be no less than 5 m from the red line of streets, no less than 3 m from the red line of passages. 4. The minimum distances to the border of the neighboring plot for sanitary conditions must be from: residential buildings (or houses) - 3 m; buildings for keeping small livestock and poultry - 4 m; other buildings - 1 m; trunks of tall trees - 4 m, medium-sized ones - 2 m; shrubs - 1 m. The distance between a residential building (or house), outbuildings and the border of the neighboring plot is measured from the base or from the wall of the house, building (in the absence of a base), if the elements of the house and building (bay window, porch, canopy, roof overhang and etc.) protrude no more than 50 cm from the plane of the wall. If the elements protrude by more than 50 cm, the distance is measured from the protruding parts or from their projection onto the ground (cantilever roof canopy, second floor elements located on poles, etc.). 5. When erecting outbuildings on a garden or dacha plot, located at a distance of 1 m from the border of an adjacent garden or dacha plot, the roof slope should be oriented in such a way that rainwater runoff does not fall on the neighboring plot. 6. In garden and summer cottage plots with an area of 0.06 - 0.12 hectares, no more than 30% of the territory should be allocated for buildings, blind areas, paths and hard-surfaced areas. Thus, although violation of these urban planning regulations is not an obstacle to acquiring ownership of a country house, it can subsequently make your life very difficult.

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Obtaining ownership

By using an unregistered plot of land, its owner is essentially engaged in squatting, because legally he is not the owner. If the territory does not have a private owner, then, most likely, it belongs to the local administration, and it is there that you need to apply to register the right to own the plot.

If the documentation for the land is drawn up in advance, this will be a good help in the issue of registering rights with the municipal authority. After the administration reviews the papers and makes a decision, one of the following options for legal registration of the land is possible:

purchase of a plot from the municipality;
receiving an allotment under a dacha amnesty;
privatization.

But there is a certain list of territories to which a citizen is guaranteed to be denied the right to own it; it is prohibited to register them as property. This:

protected areas;
territories of strategic importance, for example, near the state border, near military installations;
land near railway tracks and highways.

If there are no such restrictions, then you can safely contact the local administration. The legislation of our state is quite loyal to the legalization of self-occupied lands.

How to purchase a garden plot without documents and register it as ownership

Good afternoon! you can purchase this land plot, and then go to court to recognize the ownership of it. In accordance with the Federal Law "On gardening, gardening and dacha non-profit associations of citizens" dated April 15, 1998, citizens who own garden plots on the right of lifelong inheritable ownership or permanent perpetual use have the right to register ownership of the plots in accordance with Article 25.2 of the Federal Law "On State registration of real estate and transactions with it.” (before the 2001 Land Code of the Russian Federation came into force), land plots were provided to citizens on the basis of the specified right, which is confirmed by the land manager’s certificate).

Since the original owners of the plot did not exercise their right to acquire ownership of the plot, you can recognize ownership in court. To do this, you will need to draw up a boundary plan for the site and pay a state fee based on the cadastral value of the site.

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