The right to perpetual use of a land plot for citizens and enterprises was applied before the adoption of the Land Code in 2001.
Currently, domestic legislation allows citizens to use a land plot on this basis, provided back in Soviet times, but citizens cannot dispose of it at their own discretion.
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Who has the right to perpetual use of a land plot?
Individuals currently do not accept land plots on the right under consideration. As for legal entities, some organizations are given the following privileges:
- Compulsory medical insurance (administration, committees);
- Institutions of state and municipal authorities;
- Enterprises, factories and factories;
- Centers for the historical heritage of the presidents of our country.
This is a list of organizations that are controlled by the state. But they will never be able to acquire ownership of land plots, since this action is excluded by land legislation.
By clearly defining the list of the above organizations, the RF Land Code thereby cuts off other subjects of law from this basis: citizens and legal entities. Other options are provided for them, which consist in receiving the plot free of charge (Article 39.10) or on a property basis (Article 39.5).
Legal entities with private property do not have the right to receive land on the right of perpetual use.
Provision of land plots for permanent (indefinite) use
Provision of state or municipally owned land plots for permanent (indefinite) use
Land plots in state or municipal ownership are provided to legal entities for permanent (indefinite) use based on a decision of the authorized body (clause 1 of Article 39.1 of the Code, Article 39.9 of the Code).
List of cases of provision of land plots for permanent (indefinite) use
(Article 39.9 of the Code):
| N p/p | Grounds for provision of land | Applicant | Land plot | Documentation* |
| 1 | Subclause 1 of clause 2 of Article 39.9 of the Code | Public authority | Land plot necessary for public authorities to exercise their powers | 1. Submitted by the applicant to the authorized body:
2. Requested by the authorized body, through interdepartmental information interaction:
|
| 2 | Subclause 1 of clause 2 of Article 39.9 of the Code | Local government | Land plot necessary for public authorities to exercise their powers | 1. Submitted by the applicant to the authorized body:
2. Requested by the authorized body, through interdepartmental information interaction:
|
| 3 | Subclause 2 of clause 2 of Article 39.9 of the Code | State or municipal institution (budgetary, government, autonomous) | A plot of land necessary for carrying out the activities of a state or municipal institution (budgetary, state-owned, autonomous) | 1. Submitted by the applicant to the authorized body:
2. Requested by the authorized body, through interdepartmental information interaction:
|
| 4 | Subclause 3 of clause 2 of Article 39.9 of the Code | State enterprise | Land plot necessary for carrying out the activities of a state-owned enterprise | 1. Submitted by the applicant to the authorized body:
2. Requested by the authorized body, through interdepartmental information interaction:
|
| 5 | Subclause 4 of clause 2 of Article 39.9 of the Code | Center for the Historical Heritage of Presidents of the Russian Federation who ceased to exercise their powers | A plot of land necessary for the activities of the center for the historical heritage of the presidents of the Russian Federation who have ceased to exercise their powers | 1. Submitted by the applicant to the authorized body:
2. Requested by the authorized body, through interdepartmental information interaction:
|
* Documents are submitted (sent) in the original (in copies if the documents are publicly available) or in copies certified by an official of the body accepting the application for the acquisition of rights to a land plot.
The applicant has the right to submit, along with the application for the acquisition of rights to a land plot, documents and information that are at the disposal of bodies providing public services, bodies providing municipal services, other government bodies, local government bodies or organizations subordinate to state bodies or local government bodies, participating in the provision of state and municipal services in accordance with regulatory legal acts of the Russian Federation, regulatory legal acts of constituent entities of the Russian Federation, municipal legal acts
Abbreviations used in the text:
Code - Land Code of the Russian Federation;
EGRN - Unified State Register of Real Estate;
Unified State Register of Legal Entities - Unified State Register of Legal Entities;
EGRIP - Unified State Register of Individual Entrepreneurs
List - approved by Order of the Ministry of Economic Development of Russia dated January 12, 2015 N 1 List of documents confirming the applicant’s right to purchase a land plot without holding a tender
How to register land for indefinite use?
The decision on registration is made by the local self-government council on whose territory the land plot is located. The owners of the land plot are the administration of the district or city, in the organizational system of which there is a committee for the management of state property. The committee is authorized to approve applications from enterprises or organizations, as well as to monitor compliance with the procedure.
Reasons for refusal to provide a land plot for permanent (indefinite) use?
The Committee is sometimes forced to make negative decisions:
- The applicant provides an incomplete list of documents;
- The documents contain incorrect information;
- The applicant does not represent the interests of a legal entity;
- The land claimed by the applicant is under encumbrance;
- Incorrect cadastral number assigned to the plot.
KUMI is an organization that will provide complete information about the property of interest. You should contact them in order to exclude the option of a negative answer from municipal authorities.
The procedure for providing a land plot for permanent (indefinite) use
Committee employees are authorized to consider all questions received in response to user requests. You can submit your application online or by official letter.
The procedure for registering the right to perpetual use of a land plot depends on the availability of a cadastral number for the land in Rosreestr.
If the land plot is registered in the cadastral register, its registration will go faster. To register a plot, you must provide a set of documents.
If there is no number for the plot in the cadastre, you must first agree on the issue of registering the land with the administration. But not only the cadastral identifier may be missing. It also happens that there is no land surveying. In this situation, a map of the location of a site on municipal territory and an application for the provision of a site on a preliminary basis are being prepared.
A plan diagram is attached to the document. This scheme may not be approved by the committee that deals with the distribution of state assets. In this case, the committee may propose another option. It lies in the fact that a legal entity interested in a plot takes upon itself the responsibility to register the land plot on the cadastre and register it as public property.
Why is prior consent required? Everything is very simple: if the committee refuses, the legal entity will not incur additional costs for cadastral work.
From the date of ratification of the decision, its validity lasts 24 months.
How is the right to permanent use of land obtained and implemented in the Russian Federation?
The new version of the Russian Land Code establishes that the right to permanent use of the territory is not granted to citizens. However, persons who managed to obtain a plot before the legislation came into force can still dispose of the property. Currently, it is stipulated that only:
- bodies of state self-government;
- budgetary institutions and enterprises;
- structures of state power.
According to the law, institutions and enterprises that received land for permanent use were required to register ownership or enter into a long-term lease agreement. For failure to comply with this requirement in Russia, administrative liability is provided; the organization will face a fine of up to 100 thousand rubles.
For citizens who received land before the RF Land Code came into force, there are no time restrictions for registration. They can register an object as private property at any time.
The right to permanent (indefinite) use of a plot of land opens up wide opportunities for Russians: you can use the resources of the plot, build a house on it, cultivate the territory, convert it into private ownership on a free basis. However, the user is deprived of the right to sell and make any transactions (donation, will, division). Along with rights, a person also has the obligation not to pollute the site, to use it according to the intended purpose category, and to protect it.
Read also: Features of the provision and procedure for receiving land from the state free of charge
Documents for registration of the right to perpetual use of a land plot
- A strict sample application coming from a legal entity.
- Grounds confirming the applicant’s competence.
- Extract from the unified register.
- Cadastral passport.
- Extract from the unified register of legal entities.
Submission of documents is carried out at the MFC in the territory served by the multifunctional center. Extracts and passport (cadastral) are provided as part of information interaction between government agencies.
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Grounds for termination of the right to permanent use of a land plot
May be terminated if:
- the owner of the land renounces it voluntarily;
- Federal authorities will make such a decision unilaterally.
The reasons for voluntary refusal can be either a change in the conditions under which the property transferred ownership (inheritance, other forms of alienation), or the owner’s reluctance to engage in it, or the inability to carry out activities due to various objective reasons.
Under current legislation, he has every right to do this by returning the site to the jurisdiction of municipal authorities. However, such a development of events is very rare in our country. Most often, abandonment of land involves its privatization or redemption.
It is important to know: if the owner treats the land entrusted to him negligently or irresponsibly (does not improve the quality of the land, does not carry out any work, has an abandoned appearance), the authorities can unilaterally reconsider the case.
Initiation of termination proceedings usually begins with an external signal (complaints from neighbors, etc.). In such cases, a commission is created that verifies the claims stated in writing. If violations are confirmed, the case is referred to the courts for consideration.
The grounds may include gross violations of the land use rules regulated in the relevant acts:
- the site was not used for its intended purpose;
- allowing soil deterioration, chemical poisoning or other disturbances;
- non-compliance with the regime of environmental zones and cultural heritage;
- gross violations of sanitary standards that adversely affect the quality of the land;
- if, as a result of work carried out on the site, the ecological condition of the area worsens;
- other reasons that in one way or another do not comply with land use rules.
The final decision to terminate the owner’s activities on a specific site is made exclusively by the court.
How to register common ownership of land?
Since 2005, a new concept for Russia has emerged: common ownership.
Re-registration procedure
The fact that a land plot is in common ownership means that it has several owners, each of whom owns a certain share of the common property.
This leads to the peculiarities of the conditions of its use, sale, and land surveying.
But a situation may arise when one or more owners want to allocate their part of the plot. Therefore, there is a need to re-register the site.
If the remaining owners agree, the division occurs on a voluntary basis. To do this, it is necessary to carry out land surveying and define new boundaries. The documents received after this procedure are transferred to the local administration for signing. Next, you need to obtain permission from the property management committee to divide the site.
If the parties do not agree to allocate the site, then the issue will have to be resolved in court. It will be necessary to file a claim requesting the allocation of a share in kind. The same documents are attached to the claim as in the first case.
It may happen that a plot of land that is in common shared ownership is indivisible. This means that a structure has been erected on it and it is impossible to mark boundaries or divide the land without violating the integrity of the building. Then two options are possible:
- equal shares are established for all owners;
- one owner buys from the others their shares of land and the building located on it.
After this, state registration can be carried out.
Statement
In order to divide a common plot, in addition to documents, you will also need an application.
It must contain the full name, passport and contact details of the citizen who wishes to allocate his share, complete data on the common property, and a description of the allocated plot. The document must be signed by the applicant and must indicate the date of its preparation.
State registration of the agreement
The application, documents received at the first stage, as well as the land acquisition agreement and cadastral passports must be submitted to the registration authority, which within 14 calendar days will issue a document for the right to use the allocated plot.
If the re-registration took place through the court, then state registration of the agreement is carried out on the basis of a court decision.
Price
To carry out the procedure for re-registration of a land plot that is in common shared ownership, each owner must pay a state fee of 200 rubles. When registering with Rosreestr, a fee is also charged, the amount of which depends on the cost of the share of the site.
Owner categories
Persons who meet the following parameters can own a land plot on a permanent, unlimited use basis:
- Citizens whose plots of land were allocated before the entry into force of the new legislation;
- State entities;
- Municipal institutions;
- Regional organizations.
Since the allocation of such plots for civilians has been discontinued, it is possible to use land under the right of permanent use upon receipt of it from an economic entity vested with such powers, respectively, from the state.
