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A land plot is part of the earth's surface, location, area, boundaries, which are reflected in the state land cadastre and state registration documents of land rights.
Lands in Russia are divided into the following categories:
- settlement lands;
- agricultural land;
- lands of specially protected objects and territories;
- lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes;
- water fund lands;
- forest fund lands;
- reserve lands.
In addition, all plots can have their own purpose and be divided into dacha, garden, and vegetable plots of land. Therefore, it is important to indicate in the exchange agreement the purpose of exploitation of the site.
When concluding an agreement for the exchange of land plots, the parties must provide each other with all the information they have about the encumbrances and restrictions on the use of the land plot.
Concept
What is an agreement to exchange an apartment for a house with a plot?
In such a transaction, the party that owns the apartment exchanges it for a house with a plot of land on which it is located.
If the participants agree that the exchange is unequal, one of them makes an additional payment to the other in money.
In this transaction, the first participant loses ownership of the apartment (is its seller), and in return acquires ownership of the house and land (is its buyer).
The second loses ownership of a plot of land with a house on it (is their seller), acquires ownership of an apartment (is their buyer) (read about exchanging a house for an apartment).
Agreement for exchanging an apartment for a house with a plot of land sample.
You can learn about how to exchange a room in a dorm or communal apartment, as well as a two-room and three-room apartment, and what documents are required to exchange living space from our articles.
What laws govern it?
The type of agreement in question was first established in the Russian Federation by presidential decree in 1993. The rules governing it are set out in Article 31. Civil Code of the Russian Federation.
According to Art. 567th Civil Code of the Russian Federation, these legal relations are subject to the rules of Art. 30th Civil Code of the Russian Federation, which do not contradict Article 31 and the essence of the exchange action. If the essence of these actions diverges, the norms of the Land Code apply. Registration of a transaction is carried out on the basis of articles. 131st, 164th Civil Code of the Russian Federation.
An overview of the practice of the courts of the Russian Federation can be found in Letter No. 69 of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 24, 2002.
Reasons and sample of exchange
The current legislation stipulates several situations in which it is possible to exchange a land plot at the disposal of state or municipal authorities for private property. Thus, it will be possible to carry out such operations only if the object of exchange is a territory intended for the placement of any infrastructure facilities or seized for the needs of government bodies.
The parties to the transaction are equal in rights, and therefore it is initially envisaged that the land plots being exchanged will also be of equal value. The first participant is a government body or territorial administration that manages the territories, while the second participant is the owner of another area.
The subject of the agreement in this case is the territories that will be exchanged, owned by each of the parties. In addition to the land plots themselves, the subject of the transaction may also include various real estate objects located on their territory.
If the land plot, together with the buildings located on it, is the property of a certain person, then in this case it is possible to draw up a standard exchange agreement along with the gratuitous transfer of real estate into state ownership or at the disposal of a municipal body.
The contract must be drawn up in writing with a mandatory listing of all key points. The land plots being exchanged must necessarily have the same value, and also be registered in full accordance with the procedure provided for by current legislation. The executed exchange agreement must also be registered.
The key requirement for the contract is that if there is any real estate on it, it must be assessed unless it is transferred free of charge to the relevant department.
The only exception in which the owner of a land plot may be given territory of unequal value as an exchange is the situation when the price of the state plot is less. In this case, the private individual is paid compensation for three months in the form of the difference between the purchase price and the price of the proposed territory.
Sample passport of a citizen of the Russian Federation
You can find a sample technical specification for land surveying in our publication. Find out further how to survey a plot of land for free.
What is it needed for?
The purpose of preferring the option of agreement under consideration is to obtain the desired result in the shortest possible time with a minimum of costs.
Other tasks are solved at the same time:
- The risk of deception and the possibility of fraud are reduced. Unlike purchase and sale, during a barter transaction, not a single participant is left without housing.
- The one-time nature of the transaction eliminates the possibility of losing funds due to inflation. Sales and purchase transactions contain such a danger, as we have repeatedly seen during the years of reform.
- It is difficult and risky to save or borrow the amount needed for a purchase due to devaluation, financial illiteracy of the population, and bank fraud. The type of transaction under consideration solves the problem of mutual shortage of cash .
- It is difficult for a non-specialist to adequately evaluate one’s own property intended for sale and someone else’s property being purchased. A person acquires something that is individually valuable to him, although from a market point of view it may not be valuable.
- The barter transaction is reliably protected from bailiffs by Article 446 of the Code of Civil Procedure.
- Among Russians there are many frivolous citizens who find it difficult to resist the temptation to squander the cash they suddenly find themselves in their hands: drink, spend on drugs, entertainment, show off their luxury and extravagance. As a result of this behavior, it is easy to leave yourself and your family without housing and the opportunity to purchase it. Mena protects against such reckless behavior.
- Tax savings.
When exchanging, personal income tax is taken only from the amount of the additional payment if it is officially mentioned in the contract (read about the exchange agreement with additional payment). An alternative option for the purchase and sale of real estate owned for less than three years involves the payment of personal income tax by both parties , as a result we get a doubling of the tax. - Exchange of premises in an apartment building for a private house is an excellent option for solving the problems of relatives. Parents are not able to run a garden due to their age; they need city comfort. The son’s family, on the contrary, is full of energy; they need space for a garage, a swimming pool, a bathhouse, and a greenhouse. In this case, changing is a natural solution, in which none of the participants loses the opportunity to visit their previous place of residence.
- Such an agreement eliminates the need for temporary rental housing while searching for new options through purchase and sale. This saves the family from temporary inconveniences that may drag on.
The only apartment, house with a plot belong to the category of real estate that cannot be seized from a person for debts or confiscated by a criminal verdict. If the debtor momentarily turns the only home into money, the creditor has the right to seize it. Such a debtor risks becoming homeless.
Requirements for form and content
The document is in writing. Its notarization is carried out at the request of one or both parties.
Participants are only property owners.
- Please indicate your full name in the header; registration addresses; numbers, dates and issuing authorities, department codes, passport registration addresses.
- Numbers are written in numbers and in words.
- At the end of the text, full name. participants are indicated in full and signed.
- If there are several owners of objects, passport data and signatures of each are required. If among them there is a legal entity. persons, instead of passport data, their details are written, the signature is affixed by the manager or an authorized representative (a power of attorney is attached).
Attached to the document:
- plan of a plot of land with a house;
- floor plan of the building in which the living space is located;
- deeds of transfer signed by the participants.
If desired, the parties can enter into a preliminary agreement.
Land exchange agreement (sample)
Agreement
land exchanges
___________________________ “___” ___________ 20__
(place of conclusion of the contract)
________________________________________________________________ (FULL NAME.
citizen, place of residence, passport details or name
legal entity), hereinafter referred to as “Party A”, represented by
_____________________________________ (if the contract is concluded by a person
authorized by Party A, indicate full name. authorized citizen
place of residence, passport details; if Party A acts as
legal entity, indicate full name. and the position of the responsible person),
acting on the basis of ___________________ (charter, regulations,
power of attorney) on the one hand, and ________
_____________________________________ (full name of citizen, place
residence, passport details or name of a legal entity),
hereinafter referred to as “Party B”, represented by
_______________________________________ (if the contract is concluded by a person
authorized by Party B, indicate full name. authorized citizen
place of residence, passport details; if Party B acts as
legal entity, indicate full name. and the position of the responsible person),
acting on the basis of ________________ (charter, regulations,
powers of attorney) on the other hand, have entered into this agreement (hereinafter referred to as
Agreement) about the following.
1. The Subject of the Agreement
1.1. The parties exchange what belongs to them by right of ownership
land plots recognized by the Parties as equivalent.
1.2. Party A transfers to Party B a plot of land
_______________________________ (land category) with cadastral N
_____________________________________________, located at:
___________________________________________________ (subject of the Russian
Federation, settlement, street, house, building) (hereinafter referred to as Section A),
for use for the purposes of ________________________________ (permitted
use), within the boundaries specified in the cadastral map (plan) of the Site
A, attached to the Agreement and being an integral part of it, the general
area ______ sq. m, owned at the time of the present
Agreement to Party A on the right of ownership on the basis
_________________________ (details of the certificate of ownership
Party A to Plot A or other title document),
with _________________________________________________ located on it
(indicate buildings, structures, structures, their characteristics; if such
there are no real estate objects on the site, please indicate this
circumstance).
1.2.1. The standard price of Plot A is ____________
____________________________ (amount in figures and words) rubles according to
act attached to the Agreement.
1.2.2. Estimated value of real estate located on
Section A is: __________________ (amount in numbers and words)
rubles according to the summary building valuation statement attached to the Agreement,
buildings, structures.
1.3. Party B transfers to Party A a plot of land
________________________________ (land category) with cadastral N
______________________________________________, located at:
_____________________________________________________ (subject of the Russian
Federation, settlement, street, house, building) (hereinafter referred to as Section B),
for use for the purposes of __________________________________ (permitted
use), within the boundaries specified in the cadastral map (plan) of the Site
B, attached to the Agreement and being an integral part of it, the general
area ______ sq. m, owned at the time of the present
Agreement to Party B on the right of ownership on the basis
_____________________________ (details of the certificate of title
Party B's ownership of Plot B or other titleholder
document),
with _____________________________________________________ located on it
______________________________________ (indicate buildings, structures,
structures, their characteristics; if such real estate objects are on the site
are absent, then indicate this circumstance).
1.3.1. The standard price of Plot B is ____________
_____________________________ (amount in figures and words) rubles according to
act attached to the Agreement.
1.3.2. Estimated value of real estate located on
Section B is: ___________________ (amount in numbers and words)
rubles according to the summary building valuation statement attached to the Agreement,
buildings, structures.
2. Disputes regarding exchanged plots
2.1. Party A brought it to the attention of Party B, and Party B accepted
information that for Plot A, which is the subject of the Agreement, there is no
land and other property disputes (or there are the following land
or other disputes:
A) ________________________________________________________________;
b) ________________________________________________________________;
V) _______________________________________________________________).
2.2. Party B brought it to the attention of Party A, and Party A accepted
information that for Plot B, which is the subject of the Agreement, there is no
land and other property disputes (or there are the following land
or other disputes:
A) ________________________________________________________________;
b) ________________________________________________________________;
V) _______________________________________________________________).
3. Encumbrances of the exchanged plots
3.1. Plot A is not burdened with easements (or is burdened with the following
easements:
a) public easement established for ____________
___________________________ (type of limited use of Plot A) in
in accordance with _____________________________ (normative legal act,
which established the easement) for a period of _________________________________;
b) a private easement established for ______________
___________________________ (type of limited use of Plot A) in
in accordance with _____________________________ (agreement of related
land users, by court decision) for a period of ___________________________.
3.1.1. Plot A is not subject to other rights of third parties (or
The following rights of third parties apply:
3.1.2. rights of the mortgagee in connection with the transfer of Plot A (part
Plot A) as collateral on the basis of a mortgage agreement ________ (details
land mortgage agreement);
3.1.3. rights of the tenant in connection with the transfer of Plot A (part of the Plot
A) for rent on the basis of a lease agreement ____________ (details of the agreement
land lease);
3.1.4. rights of the borrower in connection with the transfer of Plot A (part
Plot A) for free, fixed-term use on the basis
___________________ (agreements for gratuitous fixed-term use,
decisions of the executive body of state power or local body
self-government) _______________ (details of the gratuitous agreement
urgent use, decisions of the executive body of the state
authorities or local government).
3.1.5. The boundaries of the lands of Plot A, encumbered with the rights of third parties, and
the contents of these rights are indicated on the cadastral map attached to the Agreement
(plan) of Plot A.
3.1.6. Encumbrances of Plot A established before the conclusion of this
Agreements are retained until their termination in accordance with the procedure established
legislation of the Russian Federation and relevant treaties.
3.2. Plot B is not burdened with easements (or is burdened with the following
easements:
a) public easement established for ____________ (type
limited use of Plot B) in accordance with
___________________ (normative legal act that establishes
easement) for a period of _____________________________________________________;
b) private easement established for ________________ (type
limited use of Plot B) in accordance with _____________
(an agreement between adjacent land users, a court decision) for a period of
________________________________________________________________________.
3.2.1. Plot B is not subject to other rights of third parties (or
The following rights of third parties apply:
3.2.2. rights of the mortgagee in connection with the transfer of Plot B (part
Plot B) as collateral on the basis of a mortgage agreement ________ (details
land mortgage agreement);
3.2.3. rights of the tenant in connection with the transfer of Plot B (part of the Plot
B) for rent on the basis of a lease agreement ____________ (details of the agreement
land lease);
3.2.4. rights of the borrower in connection with the transfer of Plot B (part
Plot B) for free, fixed-term use on the basis
__________________________ (agreement for gratuitous fixed-term use,
decisions of the executive body of state power or local body
self-government) _______ (details of the gratuitous fixed-term agreement
use, decisions of the executive body of state power or
local government).
3.2.5. The boundaries of the lands of Plot B, encumbered with the rights of third parties, and
the contents of these rights are indicated on the cadastral map attached to the Agreement
(plan) of Plot B.
3.2.6. Encumbrances of Plot B established before the conclusion of this
Agreements are retained until their termination in accordance with the procedure established
legislation of the Russian Federation and relevant treaties.
4. Restrictions on use
exchanged plots
4.1. Lot A is not subject to use restrictions
(or the following restrictions on use apply:
a) _____________________ (due to the establishment of special conditions
use of Plot A and the mode of economic activity in security,
sanitary protection zones) established on the basis of _______________
(act of the executive body of state power, act of the local body
self-government, court decision) for a period of _________ (or indefinitely);
b) ____________________ (due to the establishment of special conditions
environmental protection, including flora and fauna,
natural, historical and cultural monuments, archaeological sites,
preservation of fertile soil layer, natural habitat, paths
migration of wild animals) established on the basis of ____________________
(act of the executive body of state power, act of the local body
self-government, court decision) for a period of ______ (or indefinitely);
c) _________________________________________________________________ (others
restrictions on the use of Site A).
4.2. Restrictions on the use of Site A established on
a certain period of time, are preserved until their termination in order,
established by the legislation of the Russian Federation.
4.3. Site B is not subject to use restrictions
(or the following restrictions on use apply:
a) ___________________________ (in connection with the establishment of special
conditions of use of Plot B and mode of economic activity in
security, sanitary protection zones), established on the basis
__________________________ (act of the executive body of the state
authorities, act of local government, court decision) for a period of ______
(or indefinitely);
b) ___________________________ (in connection with the establishment of special
conditions of environmental protection, including animal and plant
world, natural monuments, history and culture, archaeological sites,
preservation of fertile soil layer, natural habitat, paths
migration of wild animals) established on the basis of ___________ (act
executive body of state power, act of a local body
self-government, court decision) for a period of ___________________________ (or
indefinitely);
c) _________________________________________________________________ (others
restrictions on the use of Site B).
4.4. Restrictions on the use of Site B established on
a certain period of time, are preserved until their termination in order,
established by the legislation of the Russian Federation.
5. Rights and obligations of the parties
5.1. Party A has the right:
5.1.1. demand the transfer of Plot B into ownership on the basis
deed of transfer (other document on transfer);
5.1.2. demand the transfer of Site B in a condition suitable for its
use in accordance with the intended purpose and terms of the Agreement;
5.1.3. demand compensation for losses caused by the transfer of Plot B
in a condition not suitable for its intended use
purpose and terms of the Agreement;
5.1.4. demand the transfer of Plot B to those not under arrest
(prohibition) and free from any (other than those set out in section 3
Agreement) property rights and claims of third parties, about which at the time
Party B could not have been unaware of the conclusion of the Agreement;
5.1.5. demand termination of the Agreement in case of transfer of Plot B,
encumbered by the rights of third parties not specified in Section 3 of the Agreement;
5.1.6. demand termination of the Agreement and compensation for losses,
caused by Party B providing knowingly false information:
a) about the encumbrances of Plot B,
b) restrictions on the use of Site B,
c) on permission to develop Plot B,
d) on the use of land plots adjacent to Plot B,
having a significant impact on the use of Site B,
e) about the qualitative properties of the lands of Plot B, which could affect
when concluding an Agreement for the use of the Site planned by Party A
B.
5.2. Party A is obliged:
5.2.1. transfer Plot A into the ownership of Party B on the basis
deed of transfer (other document on transfer);
5.2.2. transfer Plot A in a condition suitable for its
use by Party B in accordance with the intended purpose and conditions
Agreement;
5.2.3. compensate for losses caused to Party B by providing
Plot A is in a condition unsuitable for its use in accordance with
purpose and terms of the Agreement;
5.2.4. transfer Plot A to those who are not under arrest (ban) and
free from any (other than those set out in Section 3 of the Agreement) property rights
rights and claims of third parties, about which at the time of conclusion of the Agreement
Party A couldn't help but know;
5.2.5. compensate for losses caused by providing Party B
knowingly false information:
a) about the encumbrances of Plot A,
b) on restrictions on the use of Plot A,
c) on permission to develop Plot A,
d) on the use of land plots adjacent to Plot A,
having a significant impact on the use of Site A,
e) about the qualitative properties of the lands of Plot A, which could affect
when concluding an Agreement for the use of the Site planned by Party B
A.
5.2.6. do not evade state registration of transfer of rights
ownership of Plot A to Party B;
5.2.7. do not shy away from signing the deed of transfer (other
document on the transfer of Plot A to Party B);
5.2.8. accept Plot B on the basis of a transfer deed (other
document on the transfer of Plot B to Party A);
5.2.9. comply with the rights of third parties mentioned in Section 3 of the Agreement
to Site B;
5.2.10. use Plot B in accordance with its intended purpose;
5.2.11. use Plot B in accordance with the permitted
use established by section 4 of the Agreement.
5.3. Party B has the right:
5.3.1. demand the transfer of Plot A into ownership on the basis
deed of transfer (other document on transfer);
5.3.2. demand the transfer of Site A in a condition suitable for its
use in accordance with the intended purpose and terms of the Agreement;
5.3.3. demand compensation for losses caused by the transfer of Plot A
in a condition not suitable for its intended use
purpose and terms of the Agreement;
5.3.4. demand the transfer of Plot A to those not under arrest
(prohibition) and free from any (other than those set out in section 3
Agreement) property rights and claims of third parties, about which at the time
Party A could not have been unaware of the conclusion of the Agreement;
5.3.5. demand termination of the Agreement in case of transfer of Plot A,
encumbered by the rights of third parties not specified in Section 3 of the Agreement;
5.3.6. demand termination of the Agreement and compensation for losses,
caused by Party A providing knowingly false information:
a) about the encumbrances of Plot A,
b) on restrictions on the use of Plot A,
c) on permission to develop Plot A,
d) on the use of land plots adjacent to Plot A,
having a significant impact on the use of Site A,
e) about the qualitative properties of the lands of Plot A, which could affect
when concluding an Agreement for the use of the Site planned by Party B
A.
5.4. Party B is obliged:
5.4.1. transfer Plot B into the ownership of Party A on the basis
deed of transfer (other document on transfer);
5.4.2. transfer Plot B in a condition suitable for its
use by Party A in accordance with the intended purpose and conditions
Agreement;
5.4.3. compensate for losses caused to Party A by providing
Plot B is in a condition unsuitable for its use in accordance with
purpose and terms of the Agreement;
5.4.4. transfer Plot B to those not under arrest (ban) and
free from any (other than those set out in Section 3 of the Agreement) property rights
rights and claims of third parties, about which at the time of conclusion of the Agreement
Party B couldn't help but know;
5.4.5. compensate for losses caused by providing Party A
knowingly false information:
a) about the encumbrances of Plot B,
b) restrictions on the use of Site B,
c) on permission to develop Plot B,
d) on the use of land plots adjacent to Plot B,
having a significant impact on the use of Site B,
e) about the qualitative properties of the lands of Plot B, which could affect
when concluding an Agreement for the use of the Site planned by Party A
B.
5.4.6. do not evade state registration of transfer of rights
ownership of Plot B to Party A;
5.4.7. do not shy away from signing the deed of transfer (other
document on the transfer of Plot B to Party A);
5.4.8. accept Plot A on the basis of a transfer deed (other
document on the transfer of Plot A to Party B);
5.4.9. comply with the rights of third parties mentioned in Section 3 of the Agreement
to Plot A;
5.4.10. use Plot A in accordance with its intended purpose;
5.4.11. use Plot A in accordance with the permitted
use established by section 4 of the Agreement.
5.5. The parties have equal rights and bear the obligations established
legislation of the Russian Federation.
6. Responsibility of the parties
6.1. The parties are responsible for non-fulfillment or improper
fulfillment of the terms of the Agreement, incl. caused by an irresistible force
force, in accordance with the legislation of the Russian Federation.
7. Dispute resolution
7.1. Disputes arising during the execution of the Agreement are resolved according to
agreement between Party A and Party B.
7.2. If it is impossible to reach an agreement between the Parties,
disputes that arise are resolved in court _______________ in accordance with
legislation of the Russian Federation.
8. Final provisions
8.1. The parties agreed that the contractual cost of each
The plots specified in section 1 of the Agreement are ______
____________________________ (amount in numbers and words) rubles. Mena
Plots are provided at no extra charge.
8.2. The Parties shall bear the costs associated with the execution of the Agreement
equal shares.
8.3. Simultaneously with the transfer of ownership rights to the Parties to the Agreement
the responsibilities corresponding to these rights are transferred, including
payment of taxes and other payments.
8.4. Actual transfer of the Plots and taking possession
carried out on the basis of a transfer deed (another document on
transfer), drawn up in accordance with Article 556 of the Civil Code of the Russian Federation.
The transfer deed (other transfer document) is signed by the Parties
no later than _________ days from the date of registration of the Agreement in the manner
established by the Federal Law “On State Registration of Rights to Real Estate
property and transactions with it" in ____________________ (name
authorized body).
8.5. The agreement is (is not) subject to notarization (according to
the wishes of the parties).
8.6. The agreement is drawn up in ________ copies of equal
legal force, one of which is kept in the files
_________________________________ (notary, justice institution for
state registration of rights to real estate and transactions with it)
at ______________________, one at Party A, one at Party B.
8.7. The following are attached to the Agreement:
— cadastral map (plan) of Plot A;
— cadastral map (plan) of Plot B;
— act on the standard price of Plot A;
— act on the standard price of Plot B;
— acts of assessment of Plot A (attached if the assessment of the plot
carried out by professional appraisers);
— acts of assessment of Plot B (attached if the assessment of the plot
carried out by professional appraisers);
— summary statement of assessment of buildings, structures, structures,
located on Plot A (attached when including buildings, structures,
structures in the subject of the contract);
— summary statement of assessment of buildings, structures, structures,
located on Site B (attached when including buildings, structures,
structures in the subject of the contract);
- claim of the mortgagee of Plot A for debt (attached
if the subject of the contract is encumbered with a pledge);
- claim of the mortgagee of Plot B for debt (attached
if the subject of the contract is encumbered with a pledge);
— copies of lease agreements, gratuitous fixed-term use,
mortgages concluded by Party A with third parties on the subject of the Agreement;
— copies of lease agreements, gratuitous fixed-term use,
mortgages concluded by Party B with third parties on the subject of the Agreement;
- power of attorney of the person authorized by Party A to act on his behalf
name when concluding the contract (attached in case of signing the contract
a person authorized by Party A);
- power of attorney of the person authorized by Party B to act on his behalf
name when concluding the contract (attached in case of signing the contract
a person authorized by Party B).
- a document certifying Party A’s ownership of the Plot
A;
— a document certifying Party B’s ownership of the Plot
B.
Signatures of the parties
Side A ________________________________________________________________
"___" ___________ 20__
Side B __________________________________________________________
"___" ___________ 20__
Essential conditions
Essential conditions include:
- Subject : which specific living space (address, technical characteristics) changes to which house (address, technical characteristics) and plot (location, area, plan). Title documents for all objects, by whom, when, where registered.
- Amount of additional payment (if any), payment procedure.
Without essential conditions, the contract is not considered concluded.
Technical characteristics of a house and apartment include the number of rooms, the area of each, total and living area, inventory value according to BTI documents (certificate details), materials from which the buildings are constructed, number of floors, technical passports with layout plans on the floor and land plot.
For land plots, cadastral numbers, area, purpose of use, functional purpose, list of objects located on them, standard value are indicated, expert estimates and cadastral maps are attached.
Participants in legal relations in the text inform each other about existing problems regarding the exchanged objects (or lack thereof):
- Disputes about property, site boundaries, claims, claims by third parties.
- Easements.
- The property is leased, pledged, or under arrest.
Exchange of municipal land for private land: general procedure step by step | Land expert
In Russia, cases of exchange of land plots owned by government agencies or municipalities for private property are legally established. This point is indicated in Art. 39.21 Land Code of the Russian Federation . The exchange of land plots with the administration is possible if the following grounds exist:
- If municipal or state ownership changes to private lands seized for the needs of government agencies or city government.
- When the possessions of government agencies or municipalities are exchanged for lands that are privately owned and intended for the placement of social infrastructure facilities or a transport point where these facilities will be located.
Sample exchange agreement
The parties to this transaction are equal in rights and it is understood that the plots are also equivalent. One participant, Party A, is the administration or government agency managing the territories, and Party B is the owner of the other area.
The subject of this agreement is land plots that will be subject to exchange in the future, namely, the property of party A and the possessions of the other participant.
In addition to the lands themselves, the subject of the transaction may be real estate that is located on these plots.
If the allotment and buildings are owned by the same person, it is allowed to draw up a deed of exchange together with the gratuitous transfer of real estate into state ownership or at the disposal of the city government.
Territories for various purposes can also participate in transactions of this type.
The agreement is concluded in writing , indicating all the essential points. Land plots must be of equal value and officially registered in an official manner.
The concluded exchange agreement (you can view and download here: [Sample land exchange agreement]) must also undergo mandatory state registration in Rosreestr.
A mandatory requirement for the exchange agreement, if there are buildings on the area, is that it requires an assessment of buildings that are not subject to gratuitous transfer to the disposal of the authorized agency.
The value of the plots to be exchanged must be equal, except for cases where, when the plot is withdrawn, the citizen is offered another plot in exchange, but at a lower cost. In this case, the owner is paid the difference between the redemption price and the cost of the proposed territory within a period of no more than 3 months from the date of transfer of rights to the alienated plot.
The procedure for exchanging municipal land for private
The exchange of land plots is carried out in accordance with the established regulations. The steps of the procedure are as follows:
- The parties wishing to make an exchange collect the necessary papers.
- If there are legal grounds, an exchange agreement is concluded between the participants.
- In the case where there are buildings on the territory that are not transferred to the administration or government agencies free of charge, an official assessment of this property is carried out.
- After the exchange agreement is drawn up, the transaction is state registered in Rosreestr.
- At the final stage, a transfer act is drawn up confirming the terms of the exchange transaction.
- After signing the specified document, the transaction is considered completed, and the plots are transferred from one manager to another.
Registration of property rights is carried out within a month , respectively, the period of time required to complete this transaction can be from one to two months or more .
List of documents
Within the framework of the Land Code, a list of mandatory papers required to formalize an exchange transaction is defined. These include:
- personal documents of participants - passports, statutory documents, details;
- documents of title to land territories that are subject to exchange;
- technical documents - cadastral passport of the site, certificate from the BTI about buildings, boundary diagram;
- certificates of absence of debts and encumbrances;
- appraisal report, if necessary;
- permission of the spouse to exchange, in relation to a private plot.
An example of exchanging municipal land for private
Boris Andreev received notification of the need to exchange his garden plot for territory in another location and an exchange agreement was drawn up.
The plots were of equal value, and no additional payments were required, however, a few months after the transaction was completed, the man demanded compensation, arguing that nearby plots had sharply increased in price and, therefore, he had missed out on benefits.
The administration responded to the citizen’s demands with an official letter , which stated that since the deal had already been formalized, Andreev no longer had any rights to the territory at the current time, and in connection with this, he also had no demands for payment of lost benefits.
Boris turned to a lawyer and, with his help, drew up a statement of claim against the administration’s actions. As a result of the court hearing, a negative decision was made regarding Andreev’s claim, since the transaction was concluded legally and in compliance with the established regulations. According to the judge's decision, the administration also did not violate the law with its actions.
Conclusion
Based on the above, a number of conclusions can be drawn:
- The exchange of state property or city territories for private lands is a legal act if there are legal grounds for this and all actions carried out by the parties to the agreement occur in accordance with the current regulations.
- The exchange agreement is a documentary registration of legal relations of this type and is a standard form filled out by the parties.
- Two parties take part in the transaction , one of which is the authorized agency that manages one plot of land and the second is the owner of another area.
- The agreement involves lands of equal value, and additional payment is provided only in exceptional cases.
- The subject of the agreement is the territories themselves and the buildings that are located on them. Buildings and structures are transferred free of charge, or an additional payment is made for them after a mandatory assessment.
- In the case of seizure of space for the needs of the city or government agencies and the offer to a citizen of space at a cost lower than the alienated plot, the difference is paid within 3 months after the seizure.
- The procedure for drawing up an exchange agreement is also enshrined in the Land Code and includes the stages of transfer of areas and mandatory registration.
The most popular questions and answers regarding the exchange of municipal land for private
Question: Hello, my name is Olga. Just recently I received a notification that my land, on which a small country house is located, will be confiscated for the needs of the city . A bus station will be built there.
In exchange, they offered me another plot. The new square is located in a good location, but I am interested in a number of other issues.
Firstly, is it permissible to exchange plots for different purposes and will the transaction be legal in the future, because my land was intended for dacha farming, and this area is an individual housing construction project. And secondly, my plot costs a little more than the one offered, and there is a house on the territory.
Should I be compensated for the difference between the values of the land, paid for the country house and what needs to be done for this? What period of time is given to make the payment?
Answer: Hello, Olga, in your situation you should contact the administration and ask for clarification on future exchange regarding two questions:
- the amount of compensation for the difference between the values of the plots;
- the amount of payment for a building located on your territory.
Before doing this, you will need to evaluate the plot and house and find out the market value of the property. If the administration refuses compensation, you have the right to file a claim in court and present there the appraisers' conclusion, as well as a certificate from the BTI about the existence of a building on the seized area.
As for the intended use, this moment is not a reason for recognizing the transaction as void, so you can enter into an agreement. All these issues are regulated by Art. 39.22 of the Land Code of the Russian Federation , therefore, when turning to the administration and the court, you can refer to this provision.
List of laws
- Article 39.21 of the Land Code of the Russian Federation
- Article 39.22 of the Land Code of the Russian Federation
Samples of applications and forms
You will need the following sample documents:
- Sample land exchange agreement
The following articles will be useful to you:
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Source: https://zk-expert.ru/ispolzovanie-zemel/poryadok-obmena-municipalnoj-zemli-na-chastnuyu/
Rights and obligations of the parties
In case of change, the seller of real estate is obliged to transfer it; buyer must accept.
Each party is obliged:
- Transfer objects:
- Notify the counterparty within a reasonable time of the detected violation of the terms of the contract.
- Accept the transferred objects.
- Pay equally the costs associated with the transaction and its registration.
— free from the rights of other persons; — with all equipment, documents; - in the quantity specified in the contract; - exactly those specified in the agreement; — agreed quality and configuration; - with keys, glazed windows, entrance doors.
Each party has the right to demand that the counterparty fulfill its obligations. Participants may be released from performing their duties if force majeure circumstances arise.
The document is drawn up in three copies (for both parties and the registering authority). After signing the transfer deeds and state registration of the agreement, mutual obligations are considered fulfilled.
Tax obligations under an exchange agreement
Each of the parties to the exchange agreement simultaneously acts as a seller and a buyer in the transaction. Therefore, they are subject to general taxation requirements
. If the subject of the exchange was a land plot and other real estate, tax obligations will have the following nuances:
- income received during the exchange will be taxed at a rate of 13%;
- to calculate tax liabilities, it takes into account the value of the site specified in the contract or the cadastral value;
- if the period of ownership of the plot exceeds three years, the obligation to pay tax does not arise;
- If the tenure period is less than three years, you can take advantage of a property deduction in the amount of one million rubles, or deduct the cost of land acquisition expenses from the tax base.
The purchaser of a land plot can also take advantage of tax preferences. The tax base can be reduced by two million rubles; the specified tax deduction must be calculated by the acquirer independently by submitting a declaration form to the Federal Tax Service Inspectorate in form 3-NDFL
. This deduction is carried out at the expense of the amount of personal income tax withheld from the acquirer for previous reporting periods.
The specified tax benefits apply to participants in the exchange agreement, regardless of the legal status of the objects. In particular, if the owner of a car exchanged it for a plot of land, he will be able to receive a tax deduction based on the value of the plot determined in the terms of the agreement.
From the moment the rights are transferred to the new owner, he has an obligation to pay land tax. Land tax rates are approved by local authorities and are calculated based on the cadastral value of the site.
Registration
Do I need to register and where? The property of the participants in legal relations is transferred after the sequential completion of three actions:
- Registration of a document with amendments to the State Register.
- The actual transfer of objects to each other with the signing of transfer deeds.
- Registration of ownership rights of each participant.
Documents required for registration:
- statements of the parties;
- passports, constituent documents of legal entities. persons;
- power of attorney (if necessary);
- fee payment receipt;
- cadastral map of the site;
- 3 copies of the document;
- notarized or confirmed by personal appearance consent of the spouses of the parties, if they are married;
- title documents for objects;
- technical cadastral passports;
- if a party receives an encumbered object, appropriately formalized consent of third parties to the transaction.
The document is registered at the Rosreestr institution at the location of one of the objects of exchange, the right of ownership is at the location of the corresponding objects.
Algorithm of actions for registering an agreement
In order for the transfer of rights under a land exchange agreement to be officially registered, the parties need to contact the Rosreestr service or the Multifunctional Center. When registering, counterparties must submit the following set of documents:
- application for registration actions;
- general civil passports for the parties to the transaction, or documents for legal entities;
- a notarized power of attorney for the representative, if the parties used this option for conducting the transaction;
- exchange agreement and transfer deeds;
- title documents for property assets - certificate of title, extract from the state register of the Unified State Register of Real Estate, vehicle registration certificate, etc.;
- boundary plan for the land, if the site has not previously undergone the cadastral registration procedure;
- payment order confirming payment of the state duty (in 2017, for citizens the state duty is 2,000 rubles, for enterprises - 22,000 rubles).
Depending on the type of application, registration actions will be completed within 7 to 12 days (if applying through the Multifunctional Center, registration will take two days longer). After completing the registration stage, the new owner of the land plot will receive an extract from the state register of the Unified State Register of Real Estate.
Registration of exchange agreements for a share of a plot is possible only after notarization of the transaction. To do this, the owner of the site must follow the following algorithm of actions:
- obtain a boundary plan for the share through a cadastral engineer;
- send other owners a notice of the conclusion of an exchange agreement with an offer to buy out the share with a preemptive right;
- If within a month there is no consent to the specified proposal, or a refusal is received, the agreement is submitted to the notary’s office for certification.
Also on the topic: Cadastral passport of a land plot online
After the notary’s certification mark, further registration actions in Rosreestr will take place according to the general rules.
Features and nuances
The disadvantage of this type of agreement is the complexity and duration of searching for an option that satisfies both parties. They have to be sought on an intuitive qualitative level; price indicators in this area are conditional. When searching for an exchange option, the possibility of choice is significantly reduced.
According to the law, in a person’s life, only one transaction to purchase a home entails a tax deduction of the personal income tax base in the amount of its amount. If you are planning a major, perhaps the only, purchase in your life, it would be stupid not to take advantage of the benefit. But it only applies to purchases and sales.
If this is relevant for at least one of the parties, she will refuse to enter into an agreement. Therefore, often, even in cases where citizens actually exchange real estate, they formalize the legal relationship with counter-purchase and sale agreements.
An individual, non-market approach to the valuation of an object acquired by exchange leads to difficulties in selling it in the future, for example, by the buyer’s heirs.
Double registration of a document entails double costs for registrar services and additional waste of time.
There is always a risk that the counterparty will stop at one of the stages and will not complete it, which will entail the need to go to court or terminate the agreement, incurring losses and inconvenience .
When is it declared invalid?
The main risk of concluding an exchange agreement in exchange for a counter sale: three years after the transaction, one of the parties has the right to change his mind and make a claim against the counterparty , seeking its cancellation with reimbursement of his expenses.
There is a rich list of reasons for which it is realistic to obtain in court the termination of a document and restoration of the original position.
The likelihood of such an outcome is especially high if the transaction affects the interests of minors, incapacitated citizens, the participants in legal relations formally approached the drafting of the text of the agreement, deeds of transfer, and did not attach any documents.
The plaintiff may have several motives. One of them is that he was actually deceived by hiding the negative qualities of the object. But there may be other options.
For example, the additional payment made during the transaction was not indicated in the agreement in order to avoid paying tax. Upon termination of the agreement, the counterparty has no right to demand the return of this amount.
Moreover, the obvious unequal nature of the transaction, due to which an additional payment was required, increases the likelihood that the court will recognize it as void . The counterparty terminates the agreement in court, and appropriates the additional payment received without registration.
The buyer immediately began reconstruction of the house and large-scale construction on the site. The opposing party files a claim for termination of the exchange in order to appropriate the results of the construction .
By hiring an experienced lawyer, she will achieve success. The defendant's funds invested in the restructuring will be appropriated by the counterparty. Plus he will have to pay extra for moving costs and moral damages.
