Privatization of the local area of an apartment building

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Published: 01/28/2018

Reading time: 5 min

The land under an apartment building, as well as the attic and basement, can be privatized only by decision of the apartment owners.

Law regulating the privatization of land, attic and basement in an apartment building
How to privatize land under an apartment building? List of required documents
Procedure for registration of privatization

How to privatize an attic or basement?

List of required documents

Procedure for registration of privatization

Area and composition

Article 36 of the Housing Code of the Russian Federation determines that a land plot is part of the property of an apartment building. This provision of the law applies only to territories that were registered for cadastral registration before March 1, 2005.

The Federal Law “On the entry into force of the Housing Code of the Russian Federation” determines the right of owners to apply to the relevant local government services with an application for free cadastral registration of the territory and to carry out other necessary procedures related to resolving this issue, if the plot and other real estate included in the MKDs were not formed before the introduction of LCDs.

The area and boundaries of the local area are determined by the cadastral passport, and in its absence, by the technical passport for the land.

The minimum size of a land plot included in an apartment building is considered to be an area equal to the area of the house.

The standard area in accordance with the Decree of the Government of the Russian Federation No. 491 of August 13, 2006 includes:

the plot of land on which the building is directly erected;
landscaping area and other landscaping elements;
children's, playgrounds and sports grounds;
clothes dryers;
collective parking lots;
heating points, fire structures, transformer substations and other necessary facilities that ensure the functioning of apartment buildings.

Objects are located within the boundaries recorded by the cadastral passport.

The territory is managed by:

house committee;
management companies;
other specialized organizations within the powers delegated to them by the owners and in accordance with current legislation.

How to privatize a local area

The preliminary boundaries of the local area for a newly built house are determined at the stage of obtaining a building permit. To do this, the developer agrees on the territory on which construction will be carried out, and the size of the plot will be clarified at the stage of putting the house into operation.

For existing buildings, the size and main characteristics of the local area will be determined as follows:

according to the technical documentation of the BTI, if construction was carried out after 1991;
according to standard indicators, if the year of construction of the building falls during the existence of the USSR (if proper documentation has been preserved for such houses, actual information on the size of the plot will be used).

If disputes arise about the size of the local area, interested parties can contact the judicial authorities. The defendants in such claims will be local authorities authorized to dispose of land in populated areas.

After the Housing Code of the Russian Federation came into force (2005), the following rules were established for determining the size of the local area:

the size of the plot cannot be less than the area of the house;
the adjacent territory includes not only vacant land, but also areas for buildings of communal facilities, garages, etc.;
The said territory includes improvement facilities.

When a building is put into operation, the dimensions and characteristics of the land under the house will be determined as a result of cadastral registration. To do this, the developer needs to prepare technical documentation for the constructed facility. At the same time, the preparation of documentation for the land is not directly the responsibility of the developer, therefore, registration of ownership of the site, as a rule, is carried out after the transfer of finished residential premises to citizens.

The following circle of subjects has the right to apply for privatization of the local area:

the developer is at the stage of putting the house into operation;
general meeting of residential property owners;
management company or homeowners association, if these powers are delegated to them by the homeowners;
one or more property owners, unless the general meeting makes a corresponding decision.

Since property rights will not be issued to each individual home owner, the general interests of citizens will not be violated even if only one person has submitted an application for privatization. In any case, the right of common ownership of the local area will be registered.

Let's consider how the documentation necessary to register ownership is drawn up.

Land use options

Owners can use a privatized land plot for the following purposes:

arrangement of children's, playgrounds or sports grounds, recreation areas and other places aimed at providing leisure time for residents;
installation of garages for WWII veterans and disabled people;
landscaping, installation of fences, pedestrian paths and sidewalks;
arrangement of vehicle parking;
leasing for the placement of paid parking lots, advertising structures, mobile communication antennas and similar objects.

When placing an object on their territory, owners are obliged to take into account the rights of citizens living in neighboring houses.

For example, if installed fences impede the movement of pedestrians, then such a structure can be dismantled by a court decision, and if the fences violate the right of people to free movement, then an easement can be legally imposed on the site.

Inheritance of a privatized apartment without a will occurs in accordance with the procedure established by law. Do you have a privatized apartment in a building to be demolished? Useful information here.

General meeting decision: how to vote?

Privatization of a land plot under a multi-apartment residential building is possible only with the appropriate decision of the general meeting of residents of the building . How to make such a decision? The process consists of several steps:

REFERENCE! It is important to note that not every apartment owner has equal weight in voting - this indicator depends on the area of the apartment. Thus, the voice of the owner of an apartment with an area of 50 sq. m will be twice as significant as the tenant of an apartment with an area of 25 sq. m.

Warn residents of the building in advance about the meeting.
This can be done using ad stickers or in person.
Take a vote. To make a decision, it is necessary that the owners of more than 50% of the area of the house vote for it.
Enter the voting results and the general decision into the minutes of the meeting. It must be attached to the privatization application.

Sometimes a decision is not made due to the absence of some owners from the meeting. What to do? Is it really possible to put off the issue of registration for a long time?

The law allows for a written survey to be carried out among those who were absent within 20 days after the vote. If you manage to collect the missing number of votes, the decision will be made.

Of course, before voting on the issue of registering the adjacent territory of an apartment building as property, it is best to conduct preliminary approval and a survey showing the opinion of the majority.

If many owners want to formalize the territory, then it makes sense to organize a general vote.

ATTENTION! Only an authorized person, who is approved by a general decision, can submit an application to government bodies and handle the process.

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Privatization of the local area of an apartment building

The privatization procedure is determined by regulations approved by the legislator. For new buildings, the registration procedure is mandatory and is carried out by the developer or other authorized body.

For houses that were built earlier than the residential complex was adopted, it is necessary to go through the registration process, regardless of whether there is a cadastral passport for the site or it needs to be drawn up:

in the first case, the procedure from a legal point of view confirms ownership;
in the second – legal.

The general design procedure for all types of objects includes:

The decision to form the territory and conduct cadastral registration.
An application for the transfer of the right to state (municipal) property submitted to the appropriate authority.
Registration of property rights in the relevant cadastral office.

According to generally accepted standards for performing functions related to privatization:

a person authorized by the meeting of owners of the premises of the house is appointed;
or in accordance with the decision of the Constitutional Court of the Russian Federation, the initiator may be the owner of one premises or apartment.

By oneself

Privatization of land under an apartment building alone is carried out in the same manner as established by law.

Regardless of the opinion of other owners, the authorities are obliged to privatize the land plot and register it in accordance with the law.

Low-rise buildings

The privatization of the adjacent territory of low-rise buildings is no different from the design of other objects.

But it should be taken into account that the costs of maintaining the territory are the same as when maintaining a site allocated for an apartment building.

Who can take the initiative?

The initiators of the privatization process in accordance with the current regulatory framework can be:

developer;
general meeting of owners of premises in the apartment building;
on behalf of the meeting of owners - the management company or an authorized person;
separate owner of an apartment or non-residential premises;
group of owners regardless of the decision of the general meeting.

Under the new building

Modern legislation provides for the procedure of obtaining a cadastral passport when allocating a land plot for the construction of a new residential building.

This document:

includes the boundaries of the site, including the local area;
determines the area of the site and other parameters established by law.

The preparation of documentation, both at the preliminary stage and the registration of the object, is carried out by the developer or a company authorized by him.

Future owners buy apartments or non-residential premises with a ready-made allotment of land and no additional registration is required.

Under old buildings

For buildings that were built earlier (old buildings), for privatization you must have a cadastral passport.

If a cadastral passport has not been issued, then the registration procedure is carried out in accordance with the general procedure. If the land is registered, upon application of the owners, they are issued a certificate of ownership of the local area.

What it is

By purchasing residential premises in an apartment building, citizens automatically receive the right to part of the common property of the house, including the local area. At the same time, the grounds for purchasing housing do not have legal significance; these can be contracts of purchase and sale, donation or privatization.

When registering ownership of housing, information about the land plot under the house is not indicated in the title documents for the apartment, since the adjacent territory belongs to the common property of the building. For this reason, even after the re-registration of ownership of the adjacent plot, the law limits the options for using the land to the following purposes:

installation of additional landscaping elements (benches, playgrounds, etc.);
equipment of parking spaces;
landscaping, planting green spaces, etc.;
renting out part of the site to third parties.

It must be taken into account that any options for the disposal or use of the common property of an apartment building are permitted by a common decision of the apartment owners. Such an expression of will is formalized in the minutes of the general meeting of citizens, which must be approved by a majority vote.

Let us consider the main stages of privatization of land under an apartment building, as well as the consequences of this procedure for owners of residential premises.

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Advantages and disadvantages

Registration of a site imposes obligations on the owners and raises issues that need to be resolved collectively.

The registration procedure, use and other nuances associated with the transfer of ownership of the adjacent territory have their supporters and opponents among residents of apartment buildings.

Privatization of land provides residents with advantages, but also has disadvantages.

The advantages include:

a legally defined right to free privatization;
the impossibility of developing and using the local area without the permission of the owners;
the possibility of receiving income from renting out part of the land plot;
increase in the assessed value of real estate.

The negative results of privatization include:

taxation of privatized land;
repair work and landscaping of the territory are carried out at the expense of the land owners;
the site can only be used to accommodate garages for disabled people and persons with the status of participants in the Great Patriotic War, children's playgrounds and open-air sports facilities.

The costs of maintaining the land in quantitative terms are distributed in proportion to shares, which are determined in proportion to the area of the apartment.

Analyzing the pros and cons, each apartment owner will determine why to privatize the local area and what consequences this entails.

Who owns the local area?

An apartment building in a general sense belongs to its owners, that is, the owners of apartments and built-in non-residential premises. At the moment, management organizations are being actively introduced, which, as their professional activity, represent and organize the work of apartment buildings as housing facilities.

Accordingly, if the owners want to privatize their local area, they will have the right to act both on behalf of themselves directly and through the management company. The first option is, of course, more convenient in that in any situation, up to the change of its controlling residential company, the owners will remain directly those who own the premises in this building.

However, only one person, selected by a representative, will initially participate in the application process. And after the completion of the work, he will be able to allocate to everyone their due share.

Procedure

The registration procedure is as follows:

Preparation of information about the plan of the territory, house and other objects that support the life of the building. If necessary, documents can be obtained from the local office of the Bureau of Inventory (BTI).
Carry out demarcation of the territory. The operation is performed by licensed organizations.
Draw up and submit an application to the local government for the formation of a site.
Register the plot with the cadastre authorities.

List of documents

To submit documents attached to the application you must have:

house plan;
decision of the general meeting of owners (if one was adopted);
documentation on the demarcation of the site;
technical certificate.

Sample application

The application is submitted in the prescribed form with a list of documents attached to it.

The application must be registered in the department for working with citizens' appeals of the municipal government.

Here you can download a sample application for the privatization of a local area.

A statement of claim for the privatization of an apartment through the court must be drawn up in accordance with the norms of the Civil Code of the Russian Federation. Are you interested in selling a privatized apartment that has been owned for less than 3 years? See here.

Is it possible to sell a privatized apartment with a minor child? Detailed answer in this article.

Privatization procedure

To begin the procedure, you need to clearly define the sequence of actions during registration (according to the Housing Code of the Russian Federation):

a meeting of residents of an apartment building is convened, a chairman (representative) is selected who will deal with registration of ownership rights;
collect and prepare data on the house plan (not only about the house itself, but also the adjacent buildings necessary for the full functioning of the building). This set of documents can be obtained from the city inventory bureau (BTI);
Territory delimitation is technical work to determine the boundaries of land on the ground, marking them with signs and fixing coordinates. This procedure is carried out only by organizations specializing in the field;
submit an application to local authorities (law or specialized firms will help you draw up the document correctly);
registration of land in Rosreestr (Federal Law No. 218 “On state registration of real estate and transactions with it”) , an extract from the register is issued.

If the process was initiated by the residents of the house, then each of them becomes an equal owner. The size of each participant is determined in the Housing Code of the Russian Federation, Art. 37 clause 1., corresponds in proportion to the area of the apartment of residence.

Consequences of privatization

Owners who have registered the right to the local area can dispose of the site in accordance with the law, but use is not free, but is subject to taxation.

Tax

The tax on the local area is calculated on the basis of Article 388 of the Tax Code of the Russian Federation (TC) and other regulations.

To determine the tax base in accordance with Article 360 of the Tax Code of the Russian Federation, the cadastral price of land is determined based on market data.

The calculation is carried out by multiplying the land tax rate (LT) by the cadastral value (CV) and by the coefficient established by the local authorities.

The tax is calculated on an annual basis:

For legal entities and individual entrepreneurs, a procedure is provided for self-payment of tax from a current account.
For individuals - upon notification from the tax authority.

The Tax Code provides for some preferential categories of citizens of the Russian Federation to reduce the cadastral price in the amount of 10 thousand rubles.

Land registration procedure

When privatizing a house plot of land, it is necessary, first of all, to find out whether it is registered in the cadastral register. Usually this is the responsibility of the developer or other authorized body, but if the houses were built a long time ago, before the adoption of the Housing Code, then cadastral registration may not be carried out. Then the future owner needs to do it himself.

The registration procedure is as follows:

Prepare information about the territory - find out whether land surveying was carried out or not;

If not, declare the need to conduct cadastral registration on the territory.

Collect documents;
Write an application for obtaining the right to municipal property and submit it to the appropriate authority;
Register ownership with the cadastral chamber.

Is land surveying necessary?

Are you ready to register the land for an apartment building, but the land plot has never been formed?

Is it necessary to carry out land surveying in this case?

This definitely needs to be done.

It is worth noting that every house has some kind of territory marking. At any time during the construction of an apartment building, a small plot was allocated, but this was not always documented. Therefore, it is necessary to carry out modern land surveying.

The procedure is performed only by licensed specialists. The land is being formed in accordance with the Housing Code, taking into account the needs of citizens and the interests of the city.

Often government agencies try to reduce the size of the local area. Of course, many residents themselves are interested in having a small yard - they need to pay less tax for it, and it is cheaper to maintain a small area.

REFERENCE! Land surveying will allow you to get your share in the local area even without the consent of neighbors and the municipality.

Another thing is the deadlines, which are often lengthy. How can you register the land around your house as your property as quickly as possible? The fact is that the land surveying service is carried out at the expense of the city administration.

Therefore, if the necessary funds are included in the budget, then no delays will arise. However, if there is no money for this, then sometimes an application for land surveying can lie on the table for several years.

Another negative factor that significantly increases land surveying time is legislation.

The law does not specify a strict time frame within which the authorities must carry it out.

Therefore, the land surveying procedure can be postponed for any period of time - it will be impossible to achieve acceleration through legal means.

Some believe that registering a land plot under an apartment building gives this land as separate property. However, it is not.

ATTENTION! The share in the local area is inextricably linked with the apartment. Therefore, it will not be possible to sell or keep this share when selling the apartment.

What documents are needed?

How to competently privatize the land under the house? To do this, you need to collect some documents:

application for registration of allotment;
minutes of the general meeting; it must contain the details of all owners of a multi-storey building, owning both residential and non-residential premises;
a document confirming the powers of the chairman of the general meeting;
power of attorney for the representative in carrying out privatization; the authorized representative brings his civil passport to confirm his identity;
cadastral passport of the plot;
receipt of payment of state duty.

Under certain circumstances, residents may be asked for additional information.

How long does it take to register land for an apartment building? It all depends on whether land surveying has been carried out and whether the site on which the house is built is registered with the cadastral register. If these documents are already ready, then government agencies must respond within 14 days after submitting the application.