Article 30. The procedure for providing land plots for construction from lands in state or municipal ownership

Who allocates the land

Land that is municipally owned is provided. This can be done by self-government bodies of various sizes. There is a clear system for transferring land plots into the ownership of citizens. For this purpose, tenders are carried out. In some situations, the order of abduction may be different. Transfer options:

• Sale. It is carried out exclusively through auctions. In special situations (without an auction), plots of land are transferred into ownership for the development of the specified area, individual housing construction, gardening, vegetable gardening, farming, to the owners of buildings and structures.
• Allocation of land to a person (individual/legal) is free of charge.
• Providing for rent. This allocation may occur through or without tender.

The law has deadlines, reasons for refusal and a set of documents that need to be collected to allocate a land plot.

How to get a plot of land for free

These are citizens who are subject to certain federal laws and laws of regional authorities.
The authorities provide subsidies to the privileged category of the population, help build housing, and also allocate municipally owned land, which can be obtained free of charge. • Separated lands that are used on the basis that they were provided to citizens for indefinite use or for lifelong ownership with the right of transfer by inheritance. Such lands were allocated to citizens by local administrations in accordance with adopted regulations. This document is sufficient to re-register the plot as free property. However, the condition for receiving free land is valid only once. What does it mean? If a citizen has previously taken advantage of this privilege, then the second and subsequent times he will have to purchase the plot for a fee specified by law.

General sequence of privatization (taking ownership) of a land plot

1. Preparation of a package of documents, which may differ depending on the basis for granting land ownership.
2. The package of papers is transferred to the authorized body.
3. The government agency decides to allow or refuse the transfer of the site no longer than 30 days. The verdict, regardless of what it is, is forwarded to the applicant.
4. If the decision is in favor of the applicant, the plot is registered in the cadastre.
5. The applicant receives a decision from the authorized body to grant ownership of the site.
6. The applicant registers ownership in accordance with the procedure established by law.

Free provision of land plots to preferential categories of citizens

This condition does not apply to the preferential category of citizens specified in paragraph 10 of Article 4 of this Law; 4) the citizen, his spouse and minor children have not alienated the real estate specified in this part. The right of citizens to receive free ownership (lease) of land plots for individual housing construction, summer cottage farming, gardening, as well as for private farming within the boundaries of populated areas is enshrined in the Law. The procedure for maintaining the queue of citizens to receive ownership (lease) of a land plot owned by the Republic of Crimea or municipal property, approved by Resolution of the Council of Ministers of the Republic of Crimea dated 10.02.2015 No. 41 (hereinafter referred to as the Procedure), establishes cases of refusal to place citizens in the queue or free provision of land plots. So, subclause 2.1.2 of clause 2.1.

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mihadm. com. “Official page”: “Municipal property”: “Department of Land Relations”: “Land plots for preferential categories of citizens”, as well as before each meeting of the Commission is published in the next issue of the informational socio-political newspaper “Panorama of News”. Land plots in the ownership of citizens are provided free of charge in the following cases: 1.

Paid provision

The ownership of a land plot is transferred through an auction.
The resolution on this event is adopted by the authorized body, upon an application received from a legal entity or individual. The person who initiates the auction must comply with the procedure for providing:

1. Prepare a site diagram. Submit a request for approval of his scheme, indicate the intended use. State bodies verify the grounds for transferring ownership of a plot of land. A decision may be made to reject or approve the submitted schemes. Duration up to 2 months from the date of submission of documents.
2. Carry out cadastral work.
3. Carry out cadastral registration and register ownership.
4. Submit an application for an auction, and there must already be a cadastral number, which is indicated in the application.
5. Write an application to the government agency regarding registration of ownership rights.

Preferential Categories of Citizens for Obtaining Land Plots

The courts consider a significant number of disputes both regarding the refusal to provide land plots and regarding their provision on one or another right. The complexity and specificity of these cases in material and procedural terms is connected, firstly, with the fact that we are always talking about land plots that are in state or municipal ownership, and secondly, with the administrative and legal method of the emergence of rights to land plots. Even in the case when a land plot is transferred for payment or for rent, the corresponding civil law agreement is preceded by an administrative act of the executive body of state power or local government.

Unlike the previous Land Code of the RSFSR, the current Land Code provides for two cases of transferring land plots into the ownership of citizens free of charge. Firstly, this applies to those plots that were previously allocated to citizens on the right of permanent (indefinite) use or lifelong inheritable possession, i.e. We are talking about free privatization (Articles 20, 21 of the Land Code of the Russian Federation). Secondly, it is allowed to allocate land plots into ownership as compensation for the seizure of land plots for state and municipal needs (Article 63 of the Land Code of the Russian Federation).

Free land

The amendments to the 2020 law largely concerned the provision of land plots of ownership for free.
Some groups of citizens can use this right once, regardless of how many categories they belong to.

The following can count on such generosity from the state:

• Organizations of citizens who are engaged in gardening and vegetable gardening. Moreover, the non-commercial use of the site plays a key role.
• Citizens to whom the land has been transferred for use (more than 5 years have passed from the date of provision) for running personal subsidiary plots. The condition is the intended use of the site.
• A citizen who received land for use for individual housing construction, and at the same time, for 5 years from the date of receipt, worked in the municipal authorities, and this was the main job.
• Those who actually have a house built on the site, if the right of ownership arose as a result of inheritance.
• Citizens with 3 or more children.

Attention! Each subject of the Russian Federation determines its own criteria for recognizing a family with many children.

• Citizens who have the right to free transfer of land into ownership in accordance with the laws of the Russian Federation. These include WWII veterans, military personnel (at least 15 years of service), police officers (15 years of service), liquidators of the Chernobyl accident, children who have lost their parents, and certain categories of public sector employees.
• Persons with whom there is a territory development agreement.
• Religious and charitable organizations that own buildings on the site.

Preferential categories of citizens for receiving land plots

Some regions may have additional requirements or may not have some of the above. For example, there are regional programs under which land is provided to young parents with many children. In this case, the age of both father and mother should not exceed 35 years.

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The procedure for providing land to veterans is regulated by the Federal Law “On Veterans” of the Land Code of the Russian Federation. They may be provided with land for individual housing construction, agricultural land, etc. If for some reason it is not possible to give an allotment, the option of paying monetary compensation is possible. True, the process is not fast; first you will need to wait in line.

The procedure for transferring land free of charge

To obtain land plots for free, citizens must contact the representative office of the Department of Property and Land Relations at the location of the land. Submit a petition of the established form. The document should indicate the area, location and intended purpose of the site. In addition, you should provide:

• A copy of your passport or other identification document.
• The original document confirming the right to receive land for free.
• The original document confirming the right to a plot out of turn, if there is one.

Free provision of land plots to preferential categories of citizens

The application is reviewed within thirty days. Consideration of the application includes verification of the grounds for the free provision of a land plot, including by sending requests to the relevant government and local authorities. If it is necessary to send requests to other state authorities, local governments and other officials, the head of the department or an authorized person has the right to extend the period for consideration of the application by no more than thirty days, notifying the applicant of the extension of the period for consideration.

- land plots are in actual use of participants in common shared ownership of residential buildings located on these land plots, including in the absence of title or title documents for land plots, and at least one of the participants in shared ownership owns a share of the land plot or has the right to receive ownership of a land plot free of charge;

Preferential categories of citizens can receive a land plot

5)
have three or more minor children
, including those under guardianship or trusteeship or placed under foster care, as well as adult children under the age of 23 studying in general educational organizations, professional educational organizations and educational organizations of higher education full-time education, subject to cohabitation of the citizen and his children;

4)

a copy of a document confirming the fact of the applicant’s permanent residence in the territory of the corresponding municipal district, urban district of the Republic of Crimea for more than 5 years preceding the date of submission of the Application. If the place of registration of the applicant does not coincide with the place of residence, a court decision is attached.

Article 6

2) if the land plot is in state ownership of the Republic of Crimea and is provided for individual housing construction, dacha farming, gardening, as well as for personal subsidiary farming within the boundaries of the settlement, may apply for the transfer of this land plot to municipal ownership in the manner established in accordance with this Law;

6. The authorized body notifies the citizen standing in line about the possibility of providing a land plot (indicating the location and area of ​​the land plot) by mail with return receipt requested. A citizen has the right to receive notification of the possibility of providing a land plot in person against signature.

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