Amounts and procedure for paying state duty for privatization of land

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Published: 06/21/2017

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Millions of Russians dream of becoming land owners. There are several ways to do this.

There are two main options - buy land or privatize it. The fundamental difference between these methods is the amount of costs for acquiring land and the form of registration of documents for ownership.

  • Privatization Law
  • Cost of land privatization Amount of state duty
  • Additional expenses

Required documents

So, first we collect documents according to the list:

  • application for the provision of a plot of land from the category of municipal or state property into private ownership. If the site is newly formed or requires clarification of boundaries, then a statement of its preliminary approval;
  • the applicant’s passport and power of attorney if the application is submitted through a representative;
  • a document according to which a citizen has the right to claim a given plot of land;
  • boundary plan - a diagram of the location of a plot of land. Required in the case when it is newly formed and there is no project for surveying the territory where the site is located;
  • if the site has already been formed, then you can attach an extract from the Unified State Register. Submission of an extract by the applicant may expedite the consideration of the matter.

Order an extract from the Unified State Register of Real Estate

and statements:

  • on the provision of a plot without bidding;
  • on preliminary approval of the provision of a land plot.

Is it possible to get a refund if property registration is refused?

As you know, the law provides for the payment of state fees before “legally significant actions” are taken, in this case the registration of real estate ownership. According to the Tax Code of the Russian Federation, Art. 333.18 “Procedure and deadlines for payment of state fees”, payment occurs after filing an application only if the application is submitted electronically.

According to the same legal act, the state fee is refunded if the applicant changes his mind about completing the documents or in case of an error.

The fee is not refunded in the case where the registration authority refused the applicant’s request for privatization. In order to get the money back, you need to submit an application and present a payment document. The cost of the state duty will be refunded within a month by bank transfer.

Other expenses

All other expenses depend on the privatization object:

  • certificates from the BTI in form 2 and 7 cost approximately 800 rubles;
  • from Rosreestr certificate form No. 3 - 200 (paper version), 150 (electronic);
  • certification of documents by a notary - from 1 thousand rubles;
  • calling a cadastral engineer to carry out land surveying - from 10,000 to 25,000 rubles.

Additional costs if you prepare the documents yourself can range from 2,000 to 30,000 rubles. If shared ownership is registered, then the state duty is paid in accordance with the share. For example, ½ is half of 2000, that is, 1000 rubles.

The documents required for privatization of a land plot are determined by current legislation. How much does it cost to re-privatize an apartment? Information here.

How to challenge the privatization of an apartment? Details in this article.

Where to begin

To begin the privatization process, you must contact the municipality with an application for the transfer of ownership of a land plot under household ownership and attach a site plan.

The local government body will make a decision within two weeks whether to conclude an agreement on the transfer of land or refuse. If the answer is negative, the municipality may offer to buy the plot.

If the land under the building does not have a cadastral number, then before writing the application it is necessary to apply for the inclusion of the plot in the real estate cadastre.

Territorial options

Under a private house

Federal legislation establishes the fact that every citizen of the Russian Federation has legal grounds for carrying out the procedure for privatization of land, which is operated in an indefinite format. This provision also applies in cases where a person receives a plot as an inheritance for an indefinite period of time with the simultaneous payment of all necessary contributions.

To privatize land under a private house, the following additional costs may be required:

  • if persons are not holders of a premises passport, then this document can be ordered from the BTI - the cost of the corresponding procedure is established by the territorial authorities;
  • The full amount of the state duty is 2 thousand rubles ;
  • if one of the citizens living in this premises refuses to carry out the privatization procedure, then he can express an official refusal, formalized by a notary - the cost of the corresponding document is 1 thousand rubles .

Under the garage

If the premises act as a separate building, which cannot be directly connected to the garage complex, then the registration procedure is carried out on the basis of a dacha amnesty. This law significantly simplifies the procedural nuances of registering the land on which the building is located. The provision is relevant even in cases where a person does not have relevant supporting documentation on hand.

It is worth noting that in order to register a land plot under this scheme, the interested person must send a special application to Rossreestr and attach to it all the necessary supporting documentation. If authorized persons refuse to accept documents, a citizen may file a claim with the highest court authorities.

As for cases where the garage is located in the relevant cooperative, the interested party must act according to a certain algorithm. Citizens, in this situation, must unite and request state permission to receive a plot of land into collective ownership for construction.

In this case, each member of the cooperative must pay contributions corresponding to its shares. After full payment of the cost of the land, the state provides it to individuals as property on the basis of privatization. Then the members of the cooperative must submit an application with all the documentation to the registration authorities and wait for the issuance of the appropriate certificate.

In cases where a cooperative takes land for indefinite use and without the right to purchase for construction, the privatization procedure itself can be noticeably delayed. This is directly due to the fact that the start of privatization can only be carried out with the consent of all members of the cooperative and only after each person has registered the right to build in Rosreestr.

garden plot

In cases of privatization of garden plots, several scenarios are possible. In the first case, if the land was issued for gardening, then the interested person must apply for the relevant certificate to the territorial administration. Privatization can be carried out only on the basis of an application.

It is worth noting that this option is relatively convenient because the interested party will not have to coordinate the decision with members of the board and other representatives of the cooperative.

In the second case, if the plot is transferred to one single citizen, the registration procedure will be significantly simplified. Within this framework, a citizen must contact the Russian Register with the required list of documentation.

The procedure for privatizing garden plots may include costly conditions:

Territory demarcationThe cost of a finished garden plot layout can start from 11,000 rubles .
Tax on the implementation of the land privatization procedureThe cost is from 2,000 rubles .
Special extract from the Unified State Register of Legal EntitiesThe cost of the document is 200 rubles.

Questions and answers

Often, when starting the process of registering land, citizens are faced with a number of unclear and incomprehensible questions, for example, whether it is possible to obtain a plot if the house was built illegally. Some of them are especially often heard at receptions with lawyers.

How long does it take

The timing of registration is purely individual, it all depends on whether all the documents are collected and whether there are any “pitfalls”, for example:

  • if all the papers are available, then the application is considered for about two months and then a month is spent on registering the agreement;
  • in the absence of a cadastral passport, the period will increase by one month (this is how long the process of producing the document takes);
  • if the land is not registered with the cadastral service, then the preparation and execution of papers can last from a year to a year and a half .

How to privatize a plot in SNT? Find out here.

Until what year has housing privatization been extended? Read on.

No land documents

If you cannot find a land allotment act in the BTI archives, then free privatization is impossible for you, only buyout is possible.

When they can refuse

By law, a municipality can refuse privatization only in cases where:

  • the site is either withdrawn from circulation or reserved for municipal needs;
  • the plot is located on the shore of a reservoir in a water protection zone;
  • the land is classified as public space.

The refusal must be issued in writing.

You should be aware that a motivation for refusal is required, corresponding only to the provisions of federal legislation.

The use of local regulations as a reason for refusal is unacceptable.

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