A more difficult option would be registration if you own an apartment. In this case, it will be necessary to re-register the documents, namely, make changes to them. The owner registers ownership of half of the house and then begins to resolve the issue with the land plot. Regardless of the method of registering part of the house as a property, you can register a land plot only after completing the house registration process. Both owners jointly contact the local municipality and fill out an application for ownership of the land plot. Each owner must have a complete set of documents on hand. Otherwise, the land cannot be divided, since according to the law it is considered indivisible. A special feature of the design is the impossibility of transferring the plot to only one of the property owners.
How to register a plot of land as a property if the house is two-flat
If the residents of one of the apartments do not have the appropriate documents for ownership, then citizens living in another apartment will not be able to complete this registration process, since the plot of land in this case will be considered indivisible. It is also worth considering that the land plot under a two-apartment house cannot be the property of the copyright holder of only one of the apartments. This is impossible due to the law, since in order to register such a plot, the right of common shared ownership is necessary, that is, the rights of all tenants-owners of this object. Option No. 2 There is another option for registering ownership of a land plot under a house with several apartments. In addition, it is necessary to formalize the cadastral registration of the land by contacting the Federal State Budgetary Institution “FKP Rosreestr” with a corresponding application. This can be done by:
- All apartment owners at the same time;
- One representative from all owners, having a notarized certified power of attorney;
- A representative of apartment owners who was elected during a general meeting of owners in an apartment building.
Also, employees of the cadastral registration authority have the right to request a boundary plan of the site. To complete it, you need to contact a cadastral engineer. The cadastral passport of the plot is issued twenty working days from the date of registration in the cadastral register. It serves for state registration of rights and their encumbrances.
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16 of the introductory law to the housing code). But then it turned out that our neighbors had already “registered the land under their apartment through the court,” i.e. The land plot under half the house is already registered in the cadastral register and the neighbors are its sole owners.
Do you think there are any legal grounds for forming and registering the “remaining” plot and recognizing our ownership of it? for example, due to the fact that we were entitled to a free share in the right to the common, while the neighbors had already “sort of allocated” their share from it (I don’t even know how to formulate this legally correctly).
How to register a plot of land for a two-apartment residential building?
Info
Naturally, the plot will become the officially registered property of not a single citizen, but of everyone in accordance with their shares in the apartment building. It is necessary to mention the fact that there is no need to wait for the decision of the state authority - the land will become common property without it. If the land plot where a house with several apartments and, accordingly, several owners is located, was not formed before the first of March of the fifth year, a meeting will have to be held among the owners and a decision must be made on registering the land as ownership.
It is highly advisable to appoint a person responsible for this. The citizen elected at the meeting must visit the administration and write an application requesting the formation of the site where the dwelling is located. If all the standards and rules that were in force during the construction period were observed, then everything will be in order and the site will be formed.
Registration of land ownership in a semi-detached house
Important
Stage 1 - establishing boundaries If land ownership boundaries have not yet been established, then begin the procedure for registering property ownership by establishing land boundaries through land surveying. Contact the cadastral service to call an engineer. The process of waiting in line to carry out free land surveying work can last up to six months, so if you want to register a plot as soon as possible, seek the help of a private company that has the necessary license.
It will cost approximately from 5,000 to 10,000 rubles. Land surveying work and the preparation of related technical documents are carried out by cadastral engineers who are members of a special self-regulatory organization. The form and parameters of land ownership are established using devices that are connected with the bodies of Rosreestr.
On what basis does the land under a high-rise building belong to the owners?
By virtue of clause 4, part 1, art. 36 of the Housing Code of the Russian Federation, the territory on which the apartment building is located, as well as the objects used for the improvement and maintenance of the building, are common shared property for the residents of the building. In this case, the registration will be confirmatory and not establishing the right. This is not the privatization of a plot of land for an apartment building, but the official registration of an existing property. The size of each owner’s share in the joint property of the apartment building is determined in proportion to the area of his living space.
Important!
Before the formation and establishment of land boundaries, owners of premises in an apartment building do not have the right to use the site at their joint discretion, for example, to install fences or erect buildings.
If an apartment is sold, along with the transfer of ownership, the right to a share in the joint property of the apartment building, including the land plot located under it, is also transferred.
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How to register land under an apartment in a semi-detached house?
Attention
Thus, this information will not be canceled after two years and will continue to be listed in the state cadastre of real estate. The final step in registering the land plot on which an apartment building is built is registering the right. Documents to carry out this procedure must be submitted to the reception points of the branch of the Federal State Budgetary Institution "Federal Cadastral Chamber of Rosreestr" at the place of residence.
Conclusion Now you know how to register ownership of a plot of land with a two-apartment house. This procedure can be performed in two ways, so you can choose the one that is most profitable and acceptable for you. We hope that our article will help you resolve the land issue and help you find a way out of a seemingly difficult situation. Still have questions? Ask them in the comments below.
Expert advice
How to register the land under an apartment in a two-apartment building The value of a Capital Construction Project (CCS) as real estate always increases if a Land Plot (LC) is registered as the property under this object.
Otherwise, the land cannot be divided, since according to the law it is considered indivisible.
Option 1. The simplest one is when the second owner wants the same thing and is ready to bear the joint financial and time costs for paperwork. The main thing here is to correctly follow the sequence of actions. Consultation with a specialist from the Regional BTI is required. Let's consider the ideal sequence of actions: we register the land plot as shared ownership, according to the share of ownership of the individual railway; We allocate land shares by dividing a land plot with the placement of plots formed as a result of the division for cadastral registration, drawing up and registering an agreement on the allocation of shares in kind.
Option 2.
We formalize ownership of a land plot under an apartment building and the nuances of a two-apartment building
A plot of land under an apartment building - whose property? Residents of apartment buildings in new buildings and long-established neighborhoods may or may not be the owners of the land under the house, depending on the initiative:
- the residents themselves.
- cooperative board;
- management company (MC);
Read more about the grounds for the emergence of proprietary rights.
on the ground read here. When buying out, residents decide:
- draw up a land plot in equal shares;
- recover from apartment owners an amount commensurate with the share in the right.
Other legal distribution options may be used at discretion.
How to register a plot of land for a two-flat residential building
Please note that land is not subject to transfer into private ownership if the site belongs to the category of lands withdrawn from circulation or lands limited in circulation, for example, nature reserves. There is a ban on privatization if the site is reserved for state or municipal needs. To contact the administration of the municipality on whose territory the land plot is located, it is necessary to prepare a package of documents: an application for the provision of ownership of the land plot, documents confirming the right to use the land plot, for example, a lease agreement or a decision of local authorities on the allocation of land for use, technical passport for a residential building. Within 2 weeks, a decision will be made on the transfer of the plot (a resolution on the provision of ownership of the land plot). The expediency of registering a plot of land under a residential building as a property is justified by the following points: • in order to prevent the seizure of real estate; • to ensure the right to sell the house together with the plot; • for the construction of commercial buildings. The procedure for registering an allotment of property today occurs in several stages. First of all, carefully review the available papers. When purchasing land with a plot, the former owner must have documentation confirming the rights to the specified property. This means that the plot must be registered in the cadastral register and information about it must be recorded in the Unified State Register of Real Estate. In such circumstances, the transfer of ownership of the plot and home ownership occurs at a time and is accompanied by the drawing up of one agreement.
Ownership of the plot
The legislation, in particular the Housing Code in the latest edition, establishes that the land plot under an apartment building is the common property of the building’s team, arising from the addition of the individual shares of the home owners. It would seem that everything is simple, but in reality difficulties arise, as well as questions. And the first one:
Whose property is this?
The housing complex interprets this issue simply: buy a house, get ownership of the land. But property relations related to land are regulated not only by the Housing Code, and not even so much by it, but to a large extent by the Land Code . When establishing rights to land, there is a certain procedure, as a result of which a citizen or organization can become the owner of the site. When registering land ownership rights, the plot must be formed and assigned a cadastral number.
Before the new owner of the plot of land takes over, the plot belongs to the municipality, since to change the owner it is necessary to make amendments to the cadastre.
To do this, you will have to re-form the plot , that is, determine its boundaries, both general and each share, the size of the entire plot and an individual share, location, status, purpose, establish the owner of each share and plot, draw up title documents, make the necessary records in the cadastre and assign new cadastral numbers to the land. After the new owner receives the title documents for the land, including the cadastral number, he becomes the owner of the plot. How to register an adjacent land plot as your property - read here.
Registration of land ownership in 2020 under a semi-detached house
The process of registering real estate (land) as personal property under a house with several apartments has a large number of subtleties. However, this process usually does not involve any significant difficulties. Why is this necessary? There are many reasons for registering ownership of the land under an apartment building. First of all, it is important to remember that using this type of land for a vegetable garden or for other activities in the absence of property rights is punishable. Moreover, both a fine and arrest in some particularly difficult cases are meant as an administrative measure. Separately, it is worth noting the need to register land ownership if only one citizen has the right to do so - but the apartment is not privatized. In the event of his death, it will simply be impossible to carry out the privatization process. Within twenty days from the date of submission of the application, the authorized person will receive a cadastral passport of the land in order to subsequently register the property. I would like to pay attention to an important point: if within two years citizens do not exercise the right to register the land as their property, do not register the plot and do not collect all kinds of documents, then the registration will be canceled, and the information itself will “disappear” from the state registration databases. If the need arises, the received documents can be used again to obtain cadastral registration.
But there are also exceptions. In our case, they are land plots on which apartment buildings are built, registered before the first of March of the fifth year with the help of state authorities or local governments. But only if documents confirming this have been preserved.
The decision of the general meeting of owners of premises in an apartment building is documented in a protocol (for the form of the protocol, see Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411/pr). Step 3: The representative of the owners elected at the meeting must submit an application for the formation of a land plot to the administration of the municipality on whose territory the land plot is located. This application will be the basis for cadastral work and state registration of the land plot.
At this stage, the availability of a land surveying project for the block on which the land plot is located is checked. If available, a decision (order) is issued to approve the boundaries of the site on the cadastral map of the territory.
In accordance with the provisions of the current legislation, such transactions must be certified by a notary. To re-register the right to an allotment within the framework of hereditary succession, collect the following papers: • a certificate of the right to inheritance, obtained from a notary's office six months after the death of the land owner; • title papers confirming the rights of the deceased in relation to the site. It is also possible to inherit property under a will.
There are situations when, of the required documentation for re-registration of rights to an allotment, there is only a certificate of the right to inheritance. The following case can serve as an example. Three years ago, my mother-in-law, who owned a house and a summer cottage, died. She registered ownership of the house properly.
What to remember
If you want to register a land plot for an apartment building, we advise you to first determine the current status of the land plot and understand how beneficial it is for you.
If you decide to register a plot, follow our instructions:
- Obtain information through the Public Cadastral Map and check it using the extract
- If the land plot has not been formed, write an application for the formation of the land plot to the authorities.
- If none of the owners wants to send a separate application, hold a general meeting of owners.
- If disagreements arise regarding the boundaries of a land plot and the authorities do not want to resolve them, go to court.
You can easily and quickly hold a legally competent general meeting of owners to register a land plot using the “OSS 100%” service. Find out how it works.
Registration of a plot of land next to an apartment building gives its residents many advantages, for example, they can make a playground in the yard or fence the area. The RIA Real Estate website asked experts how to properly register land ownership and what responsibilities will fall on the shoulders of the owners.
There are no provisions obliging the registration of the adjacent and courtyard areas as the joint property of apartment building residents. Who will be the owner of the land plot in the courtyard area is the decision of the residents.
They can leave the territory in the ownership of the municipality, or they can decide to register it as joint ownership of the apartment building residents, says Pavel Zhbanov, president of GASIS NRU HSE.
Registered land has an undeniable advantage - it can be used as an element of economic management, for example, to place sports or children's playgrounds there. “The objects built there will be owned by the residents of the apartment building.
Later, the sports ground can be rented out and generate income. The land can also be rented out for weekend fairs, exhibitions and so on.
As long as the land is not registered and is in the municipality, they cannot receive income from it,” explains the expert.
If the land is not registered as a property, a noisy cafe or parking lot may appear next to the apartment building; the residents of the house do not receive any financial income from such objects, but will experience significant inconvenience, adds Zhbanov.
Residents of houses can also install fencing structures on the borders of their territory (at their own expense), for example, placing a barrier on the entrance roads within the local area. Nobody will stop them from setting up their own parking lot for cars, flower beds for growing flowers and vegetables, the agency’s interlocutor continues.
By the way, land plots of courtyard territory registered as property are not subject to tax. However, the financial costs of maintaining improvement facilities will fall on the shoulders of the owners, Zhbanov points out. This means that payments for the maintenance of common property will increase.
At the same time, these payments will increase in proportion to the living space occupied by the owner. The larger the area, the more you will have to pay for the maintenance of the local area. Responsibility for ensuring the safety of life and health of people, fire safety, sanitary and epidemiological safety also rests with the owners.
The problem when registering a house plot in an apartment building is that the more densely populated the city, the more difficult it will be to grab the land, warns Svetlana Razvorotneva, executive director of the NP Housing and Communal Services Control. For example, in Moscow, owners may face many obstacles in order to obtain one or another plot.
“Often a plot of minimal area was allocated, “for a basement,” but no more. In other regions, where there is a lot of land and municipalities have little income, on the contrary, they tried to assign as much land as possible to the owners.
Residents of those houses that are being built under the renovation program will most likely be given land according to new rules, a new site will be determined, etc. Also, in Moscow they do not always allow residents to dispose of land plots at their own discretion,” Razvorotneva points out.
To register a land plot for an apartment building, it is necessary to hold a general meeting of owners and draw up minutes of the meeting, instructs lawyer Oleg Sukhov. Residents of the building should have the opportunity to vote in person on the design of the site.
Next, you should contact the authorized bodies (in Moscow - the city property department) with an application for the formation of a land plot.
At the general meeting of owners, a representative of the residents of the house is appointed, who will draw up and submit documents. His powers must be stated in the minutes of the meeting, and a power of attorney must be issued for him by a notary.
Residents must also provide documents confirming the rights of owners of premises in an apartment building.
Before submitting the package of documents to the municipality, the owner's representative must contact a cadastral engineer to prepare a boundary plan. It is also important to prepare documents for cadastral registration and registration of the right of common shared ownership of a land plot.
Their list includes: an application for state cadastral registration and state registration of the right of common shared ownership of common property in an apartment building; identification document of the applicant; documents confirming payment of the state duty. The state fee for state registration of a share in the right of common ownership of common real estate in an apartment building is 200 rubles, Sukhov clarifies.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
“The protocol of the owners’ decision with a package of documents attached is submitted to the municipality. Then the municipality must formalize everything,” explains Zhbanov.
He emphasizes that no one will be engaged in “cutting” the land in relation to each resident of the house. If this is a local area, then it will refer to a house, if it is a courtyard area, then it will refer to several houses.
Ownership and cadastral registration will be certified by an extract from the Unified State Register of Real Estate, says Sukhov. “Where exactly the extract from the register will be stored is up to the owners to decide. The document, for example, may be kept by the management company,” adds Zhbanov.
Burden for owners
Residents need to understand that any operation of a land plot requires money, and, therefore, a certain procedure for the circulation of funds and planning for their costs must be observed. Of course, management of the operation of the landscaped area will not be carried out directly by the owners themselves, says Zhbanov.
Therefore, it is very important to determine who to delegate the task of maintaining and repairing yard improvement facilities. “This could be a management organization, HOA or Territorial Public Self-Government (TPS).
The decision on land management is also made through a general vote of the owners,” says the expert.
According to him, the procedure for paying for the maintenance of courtyard areas is not regulated by federal legislation and regulations. However, at the federal level it is established that all calculations for the maintenance and repair of objects in the local area must be contained in the annex to the management agreement for apartment buildings, if improvement objects and a land plot are part of the common property of the house.
Registration of the land on which an apartment building is located is a hot topic currently in our country. Moreover, this topic contains a lot of nuances and surprises that turn out to be pleasant for the owners.
It is worth noting that homeowners can claim the right to use the land under the house. To do this, they need to register a plot that will belong to each apartment owner. They are obliged to monitor not only the safety of the house, but also take care of the surrounding area.
