How to privatize the land under a house or cottage?

Is it necessary to privatize the land under a private house?

Current regulatory legal acts do not establish among the general duties of all citizens of the Russian Federation to own a land plot. This option is largely considered as a person’s right to own and dispose of an object of property at his own discretion.

Initially, all land is owned by the state and managed by municipalities as local representatives of the state.

What choices do residents of the private sector in cities and rural areas face? If ownership is not registered, then citizens have the right to lifelong use of the site. But there is a certain risk that the land may be taken away for the needs of the state:

construction of highways of national importance;
construction of local roads;
laying communications;
construction of railways;
for the needs of the army.

If the plot under the house is privatized, the state will not be able to lay claim to the territory. In addition, the owner of the plot will be able to carry out the following actions with his plot:

sell;
exchange;
give;
to divide, that is, to give a part to someone for ownership.

Thus, the decision on privatization is made by the owner based on personal desires and planned needs.

How to register a house as a property if the land under the house belongs to another person

Good afternoon. This can't happen. If the right to a house is registered, then there must be a lease agreement for the land plot. The lessor can be either an individual, which is very rare, or a legal entity (rural settlement, municipality, etc.). In your version, there is either a complete “confusion” in the documents, or the house is an unregistered building. There are no other options.

..you can't do this. if the land is registered in the name of another person, and you want to become its owner... ask the owner. Sell it to you. Give it to you. Bequeath it to you. ..ASK THIS QUESTION AGAIN MORE CLEARLY AND CLEARLY. Good luck )

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Reasons for privatization

Strict compliance with the law guarantees the absence of problems with regulatory authorities in the future.

Who is eligible and when?

The right to privatize a land plot under a private house arises from any owner of a private house, but subject to certain conditions.

According to the simplified procedure, property is transferred in the following cases:

the owner belongs to a preferential category - an old-age pensioner, a disabled person, a veteran or a participant in the Second World War;
a private house is located in a dacha cooperative and is subject to amnesty in accordance with the norms of Federal Law No. 93 of June 30, 2006);
The use of land is carried out on the basis of a lease agreement or a lifelong use agreement.

To exercise this right, there is one important condition - the right of ownership or use of the building arose in a person before the date of entry into force of the Land Code of 2001.

If the site or the owner does not fall under the above criteria, different options are possible for how to register the land under the house as ownership:

by purchasing land from the state at cadastral value;
according to the administrative system;
through the court;
in the process of completing a purchase and sale transaction.

The law has clear deadlines in the event of applying one of these options for realizing the right to land.

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Who owns the land under the apartment building?

The Department of Urban Property of the City of Moscow (hereinafter referred to as the Department) informs that in connection with the entry into force of amendments to the Land Code of the Russian Federation from 03/01/2015, the formation of land plots for multi-apartment residential buildings is carried out exclusively in accordance with the approved land surveying project.

Part 4 of Article 16 of the Introductory Law stipulates that the formation of the land plot on which the multi-apartment residential building is located is carried out by the relevant public authorities. Since the formation of land plots on which apartment buildings are located relates to the area of public legal relations, state authorities or local self-government bodies entrusted with this responsibility do not have the right to arbitrarily refuse to fulfill it if all the grounds provided for by law are available for the formation of the land plot. The appeal of any owner of premises in an apartment building to state authorities or local authorities with an application for the formation of the land plot on which the apartment building is located should be considered as the basis for the formation of the land plot and its state cadastral registration

, which does not negate the need to form and conduct cadastral registration of land plots within a reasonable time by the public authorities themselves, which are entrusted with the corresponding function (clauses 4.2, 4.3 of Resolution No. 12-P).
Article 43 of the Town Planning Code stipulates that the preparation of land surveying projects for built-up areas is carried out as part of territory planning projects or as a separate document in order to establish the boundaries of developed land plots and the boundaries of undeveloped land plots
.
Paragraph 2 of Article 6 of the Federal Law of December 29, 2004 No. 191-FZ “On the entry into force of the Town Planning Code of the Russian Federation” determines that before the entry into force in the prescribed manner of technical regulations for the placement, design, construction and operation of buildings, structures, structures in If the built-up areas are not divided into land plots, the boundaries of the land plots on which apartment buildings are located are established through the preparation of territorial planning projects and territorial surveying projects, which are approved by the authorized body in compliance with the public hearing procedure in accordance with Article 46 of the Town Planning Code
.
In this case, it is not allowed to require the provision of other documents for the approval of territorial planning projects and territorial surveying projects. According to the laws of the city of Moscow, powers
in the field of urban planning activities are not included in the list of issues of local importance, therefore
the powers to prepare and approve projects for land surveying of neighborhoods are exercised by public authorities of Moscow or bodies that are vested with such powers by the laws of Moscow.
Based on clause 5.8 of the Regulations on the Department of Land Resources of the City of Moscow
(successor - Department of City Property),
approved by Moscow Government Decree No. 65-PP dated March 11, 2011,
the department approves territory surveying projects if they are prepared in the form of a separate document.
In accordance with Article 12 of the Land Use Law, the authorized executive body of the city of Moscow, at the request of the owners of an apartment building, forms a land plot within a period of no more than six months. The boundaries of land plots are established on the basis of territory surveying projects.

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Which areas cannot be privatized

According to current legislation, it is impossible to transfer the following types of land plots from state to private ownership:

specially protected areas - lands of scientific, cultural or natural value that are under state protection;
lands of water and forest funds;
areas allocated for parks and squares;
taken out of circulation.

According to the provisions of Art. 27 of the Land Code of the Russian Federation, the following plots that are in federal ownership are withdrawn from circulation:

nature reserves and national parks;
under military facilities;
under the buildings of the FSB, state security agencies;
under nuclear power facilities and various burial grounds;
under buildings for public authorities;
under graves;
lands in which utilities and communication lines pass;
prisons and other institutions of the Russian penitentiary system.

How to privatize a land plot?

Conventionally, the privatization of a land plot can be divided into 2 stages:

preparation of documentation with its transfer to the local government;
design work.

The entire package of documents should be submitted to the district administration (at the location of the facility). You can collect, prepare, and then submit documentation yourself or provide this labor-intensive work to specialized organizations. In the latter case, their client will only have to pay for the services and receive a ready-made extract.

How to privatize land under a private house

We bring to your attention a detailed guide to action.

Procedure

The procedure for registering ownership of a land plot has a clearly established algorithm, so problems can arise only if there is no right to privatization or if a territorial dispute arises with neighbors.

The general algorithm of actions of the procedure initiator is as follows:

Clearly define the package of documents to begin the process.
Contact your local authority and write a statement.
Assign a cadastral number to the plot and receive an extract from the unified state register.
Contact the administration again and conclude an agreement on ownership.
Re-assemble the package of documents and submit it to Rosreestr.

Description of the procedure

Let's consider the order of the procedure. A citizen applies to the local administration with all the documents for the house and land that he has. Specialists of the responsible department accept the application and provide a list of papers that need to be submitted.

In most cases, plots do not have an assigned cadastral number. Owners solve the problem through Rosreestr or independently contact licensed companies that carry out land surveying and geodetic surveying on the ground. Having received the documents, the citizen applies again to the local administration, where the privatization agreement is concluded.

The final stage of the procedure for legalizing property is contacting the Rosreestr authority. According to the current procedure, appeals are submitted:

through the electronic portal of Rosreestr. The application and scanned copies of documents are signed with the applicant’s enhanced digital signature;
by registered mail via Russian Post. The method is convenient for residents of rural areas who do not have access to the Internet;
through MFC.

Statement

The main contents of the statement are as follows:

name of the body to which it is submitted;
applicant details (full name, address, telephone number);
request;
information about the plot (address, size, neighboring plots);
date of compilation and signature of the applicant.

List of documents

An applicant to obtain ownership of land under private household ownership submits the following package of documents to the local administration:

statement;
original and photocopy of passport;
title document for the land used by the applicant;
cadastral passport;
extract from the Unified State Register of Real Estate;
a certificate of the estimated value of the land plot from the BTI;
a certificate from the regional tax service about current land taxes in a particular region.

Expenses

In most cases, you don’t need to buy the land itself, but you won’t be able to avoid other expenses. How much will the set of services cost? Obtaining a cadastral passport, depending on the region and the tariffs of a particular company, will cost at least 10,000 rubles.

In addition, the following mandatory expenses are provided:

the price of an extract from the Unified State Register is 300 rubles;
notary services when drawing up a privatization agreement - from 100 rubles to 5,000 rubles.

Registration period

According to the norms of Federal Law No. 1541-1 “On Privatization,” the maximum period for the privatization procedure is 2 months from the date of filing the application, but in reality this period is violated. Typically, citizens go through all stages in 3–4 months, and if the issue is resolved through the court, the minimum period of the privatization process is 6 months.

IMPORTANT! If you draw up documents for a summer cottage using a simplified procedure (without contacting the local administration), then the actual time frame for receiving a new extract from the Unified State Register will be 10-12 days.

When did the privatization of housing begin in Russia?

Privatization of housing (private houses) and land plots became possible on a free basis in 2006, when bill number 93-FZ “On amendments to certain legislative acts of the Russian Federation on the issue of registration in a simplified manner of citizens’ rights to certain real estate objects” came into force property."

This law is simply referred to as the law “On Dacha Amnesty”. Here are all the approved rules on the free transfer of once allocated land plots for the use of citizens as personal property, on the basis of which new owners can carry out all the required manipulations: sell the plot, donate it, change it and other actions.

It should be noted that in order to carry out the privatization procedure, it is necessary to know the procedure and documents required when drawing up an application for registration of land ownership.

Thus, only those real estate objects that were received for use before 2001 are subject to privatization.

In addition, it is impossible to privatize those land properties that are located:

on the territory of the reserve, since it belongs to the Russian Federation;
in territories where various activities of the Armed Forces of the Russian Federation are carried out;
on the territory where FSB branches, military courts, educational and army units, facilities of closed administrative formations and other structures are registered;
in areas where valuable cultural heritage sites have been registered and erected.

As a result, it turns out that, although permission from local authorities for the privatization of a land plot is not required , the issue of the possibility of registering the property as property should be agreed upon.

What to do if there are no documents for the land

The step-by-step instructions for resolving the issue are as follows:

order a geodetic survey of the area;
enter into an agreement to conduct land surveying with the company that did the survey;
obtain a cadastral passport for land through Rosreestr;
write an application to change the status of the site from right of use to ownership.

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Who owns the land under the apartment building?

Currently, the purchase of housing automatically makes the buyer a co-owner of the land plot on which the apartment building is located - of course, if the developer did not violate the law during construction.

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From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects included in such a building are located passes free of charge into the common shared ownership of the owners of the premises in the apartment building.

What documents do we need for privatization?

Documents for privatization of a land plot:

statement of intent by the interested party;

Interested person's statement of intent

previously issued documentation for the land (certificate, deed, or lease agreement, etc.);

Previously issued land documentation

document confirming ownership of a building or structure, if any (certificate of state registration of rights, purchase and sale agreement (exchange or donation), etc.);

Document of ownership of a building or structure

cadastral map for the current year;

Cadastral map

technical passport of the structure, which is located on the site;

Technical passport of the structure

extract from the registration chamber (to confirm registered rights to the object);

Extract from the registration chamber

a copy of a document that identifies the person interested in the procedure.

The administration issues the first decision on the production of technical documentation. Having a document in hand, a person interested in privatization applies to any of the land management organizations that specializes in the preparation of such documents.

Next, surveyors will visit the site and use a special device to measure the site. Then acts of coordination of land boundaries with the neighbors of the site are issued. They must be signed. After completing these steps, the technical documentation can be considered ready, so it can be submitted to the land resources department.