Quite often, owners of plots of land need to change their territory. However, this cannot be done just like that. The fact is that even an undeveloped plot is considered a real estate property, that is, any manipulation to change its layout must be approved and registered.
What is meant by the definition of redistribution of land? This is any change in territory to create plots of land of a different size.
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Like any other manipulation of the land, the land surveying process must be carried out by a professional geodetic organization that has all the necessary licenses and documents to carry out its activities. Measuring work on the site itself must be carried out by a cadastral engineer. All procedures must be carried out with the permission of Rosreestr.
General rules and legal grounds
The procedure for redistributing the territory of a land plot absolutely always takes place on a reimbursable basis. According to Russian Government Decree 1308 of December 3, 2014, there are rules that control the procedure for determining the amount of payments for increasing the area of owned land.
The payment amount is 15% of the total cadastral value of the land. The maximum area by which the size of the plot can be increased is also established by regional laws. Accordingly, the meaning may differ in different regions of the country.
The procedure is formalized using a special agreement on redistribution. It must be signed by two parties: the individual who is the owner of the plot being changed, and the person whose land is being “cut”. The second party is most often a representative of the municipal administration or regional government. It is impossible to carry out the expansion procedure at the expense of privately owned land.
To conclude an agreement, the owner of the plot must submit an application for redistribution of the boundaries of the land plot, to which is attached a package of documents confirming his rights to own the land. In 2020, the maximum period for consideration of this document may be no more than 30 calendar days.
After the expiration of the specified period, the regional or municipal body with the appropriate powers must make a decision. According to the provisions of the state Land Code, refusal to redistribute land must be justified by reasons.
If a positive decision is made, the land owner carries out all land surveying operations at his own expense. Upon completion of the work, an agreement to change the land area can be signed.
The owner of a land plot cannot file a claim for redistribution of the land plot just like that.
According to Article 39.28 of the Land Code of the Russian Federation, this can happen on the following grounds:
- the purpose of changing the area of the territory is to align the boundary plan with a special one established at the local level;
- the purpose of the manipulation is to eliminate striping and distortion of the perimeter of the site;
- in the event that the plots that will appear as a result of changing the land area will be used for private farming and gardening, the restriction is that the new plot must have a minimum area size;
- when part of the land plot must be used in capital construction in accordance with state or municipal plans.
Article 39.28. Cases and grounds for redistribution of lands and (or) land plots
Sample application for redistribution of land
Federally owned lands
Article 17 of the Land Code of the Russian Federation defines the concept of federal ownership of land plots . Such objects include areas that are at the complete disposal of the Russian Federation and only the state has the right to use them, but in compliance with legal norms and regulations.
According to the law, the following land plots are in federal ownership :
- recognized as federal property by law;
- that became the property of the state in the process of delimiting territory or when revising the boundaries of individual subjects of the federation;
- received by the Russian Federation on civil law grounds and in accordance with the established procedure.
These land rights are officially recorded in the register of real estate rights. From time to time, situations arise when it is necessary to transfer a land plot for free use from a federal body to a municipal one. The Land Code of the Russian Federation provides a separate chapter regulating this issue.
Application for free transfer of land into municipal ownership
The procedure for transferring a federal territory to a municipal one begins with the submission of a standard application.
The law provides for a unified written form of the document. The application is drawn up by the head of the municipality or the highest official
. The recipient is the federal executive agency, which acts as the manager and full owner of the land mass.
The application must necessarily include information such as the cadastral number of the plot, if the territory is listed in the state real estate cadastre, details of the owner (the body that will provide the land to the ownership of the municipality), and the essence of the issue.
Documents submitted along with the application for gratuitous transfer of land
In addition to the application completed by the citizen in his own hand, an additional list of documents may be required:
- cadastral plan , if the area is registered with Rosreestr ;
- layout of the territory if there is no land survey;
According to paragraph 4 of Art. 39.31 of the Land Code of the Russian Federation , the applicant cannot be required to provide additional papers.
The procedure for the gratuitous transfer of land
The main owner of the land plot is the federal executive agency; for this reason, an application to transfer the territory from one category of property to another is sent to it.
The procedure for the gratuitous transfer of land into municipal ownership is specified in Art. 39.30 and is presented in the following stages:
- The head of the municipality draws up an application and the necessary documents for it.
- The application with attachments is sent to the federal owner of the land.
- No later than thirty days from the date of filing the application, the federal body must adopt and issue the appropriate act on transferring the area to the disposal of the municipality or on refusal.
- If a decision is made to refuse, it must indicate the reasons for the refusal. The federal owner also notifies the Federal Housing Assistance Fund about the application received and the decision made.
Refusal to transfer ownership of a land plot free of charge
Land legislation identifies a number of specific grounds that may cause a refusal to transfer an area into municipal ownership. These include:
- The land belongs to one of the groups of territories that are not subject to transfer.
- Absence in the application of a cadastral number , boundary design or layout of the land plot (in the case of the formation of a new plot).
- The site layout has not been approved.
- Ownership of the land by one of the provisions provided for in paragraphs. 4 paragraph 7 art. 39.31 of the Land Code of the Russian Federation of subjects in the absence of grounds for termination of land use by this subject.
Despite the stated reasons, in some situations they cannot become a basis for refusal. In the event that a land mass is not registered with Rosreestr and there is no information about its boundaries, the decision to transfer the territory will not necessarily be negative.
If the site will be subsequently transformed and there is no boundary design or diagram for it, then the diagram is approved for it at the same time as the decision on transfer.
The decision is formalized in the form of an official act, which sets out the grounds for refusal to transfer the land zone. As explanatory papers, copies of certificates, extracts, and conclusions justifying the adoption of a negative decision .
Special case
There are special cases in which the territories to be transferred to the disposal of the municipality must be formed from another land mass .
To do this, the application will need to be accompanied by an approved diagram or boundary design, which will indicate the boundaries of the new site. Additionally, the application must indicate the cadastral number of the initial plot , if the formation of a new plot occurred from an allotment registered in Rosreestr.
An example of the procedure for the gratuitous transfer of land into municipal ownership
The administration of the city of Pskov appealed to the territorial department of the Federal Property Management Agency with application No. 234-Z to transfer the land plot for development to municipal ownership. Because the plot had to be formed; there was no entry about it in the cadastre. In accordance with the law, an approved land surveying project was attached to the application. After 35 days, the applicant was still not sent a decision to transfer the land plot into ownership or to refuse the transfer
.
The municipal administration appealed to the Arbitration Court.
As part of the consideration of the case, a representative of the Federal Property Management Agency insisted that the defendant had made a decision by submitting the relevant documents .
However, the court found that these documents have nothing to do with application No. 234-Z and were sent in response to earlier requests from the City Hall
. Thus, the court ordered the defendant to eliminate the identified violations and accept the corresponding statement.
Conclusion
As a result, several conclusions can be drawn:
- Federal property is land that belongs directly to the state and is under its full control and disposal.
- In some cases, it becomes necessary to transfer a plot of land from federal to municipal ownership.
- The procedure for transferring territory is determined by law and contains several important stages.
- At the initial stage, a standard application is drawn up, which indicates the cadastral number of the territory and attaches a boundary diagram, if any. The application is reviewed within thirty days from the date of submission.
- In some cases, the transfer of land may be refused. This is possible if the required plot belongs to territories that are not subject to transfer, or the documents are not prepared properly.
- The decision to refuse must indicate the grounds and reasons. If these rules are not followed, the citizen can challenge the submitted act.
- In case of transformation of the territory, the decision on the transition and approval of the boundary diagram are made simultaneously.
The most popular questions and answers to them regarding the procedure for the gratuitous transfer of land into municipal ownership
Question : Hello, my name is Denis. I work as an assistant to the head of a municipality.
We recently submitted a set of documents to the territorial department of the Federal Property Management Agency for the transfer of a land plot to municipal ownership. After some time, a response came from the federal department
.
"The transfer of the land plot was refused
. The lack of an attached site layout diagram was cited as the basis for refusal. Is such a decision of the federal body legal? The fact is that the site that should be transferred to the city is not planned to be formed; accordingly, a layout plan is not required for it.
Answer : Hello, Denis. In this situation, we recommend that you double-check the set of documents. There must have been some kind of error
.
Perhaps the documents were completed incorrectly
.
Indeed, if the plot planned for transfer has already been formed and has a cadastral number, it does not require an approved layout plan in accordance with
clause . 7 tbsp. 39.31 Land Code of the Russian Federation. If everything is in order with the documents, then it is better for you to contact the territorial department of the specified department and discuss this issue.
List of laws
- Article 17 of the Land Code of the Russian Federation
- Article 39.30 of the Land Code of the Russian Federation
- Article 39.31 of the Land Code of the Russian Federation
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Main features and requirements
The fourth paragraph of Article 11.4 of the Land Code of the Russian Federation states that if the land involved in the procedure for redistributing territory belongs to the category of dacha or garden, then the manipulation must be carried out with mandatory consideration of the land surveying project.
Article 11.4. Division of land
Important: if you want to change the boundaries of a land plot for which you have the right of perpetual use, then the application for redistribution must be sent to the body that registered this right.
In accordance with article of the Land Code numbered 11.2, the areas with the help of which the formation of a new territory was carried out cease to exist immediately after the registration of the new one.
Article 11.5 states that in the event of the allocation of territory in favor of another owner, the site that lost part of the land continues to exist with new boundaries.
Article 11.2. Formation of land plots
Article 11.5. Allocation of land
The process of redistribution of the territory of a land plot can only be carried out if the following requirements are met.
Both parts of the land must:
- have common boundaries;
- belongs to one district;
- have the same type of land and method of possible use;
- have certain boundaries;
- be registered in the cadastral register.
Sample extract from USRN
Sample application for redistribution of land
How to write an application to change the territory of a piece of land? A sample application is quite easy to find on the Internet. It can be downloaded without any problems from the official portal of the Multifunctional Center of any region. The form is sent to the MFC at the place of its registration.
It is worth noting that in different regions of the Russian Federation the form used may differ. However, there are general requirements that are relevant for any subject.
The application must contain:
- personal information about the owner - last name, first name and patronymic, place of registration and residence, passport details, etc.
- cadastral number of the site subjected to manipulations to change the territory;
- cadastral number of the plot, the territory is involved in the formation of new boundaries;
- information about the details of the approved land change project.
Important: if the territory being changed is part of a dacha or garden association, then the survey project must be taken from the managing institutions of these associations.
What is needed to privatize a land plot? — First of all, the law, and then you should collect all the documents. See also when it is possible to terminate a land lease agreement.
Form of boundary plan:
Documents, deadlines and other nuances
The package of documents required to submit an application for redistribution of the territory of a land plot must contain:
- an extract received from the Unified State Register of Real Estate, which contains information about the main parameters of the land, as well as registered real estate rights;
- original or copy of a certificate confirming your own right to the plot;
- land surveying project;
- in the absence of a land surveying project within the boundaries of which manipulations to redistribute the territory will be carried out, it is necessary to submit a schematic depiction of the location of the future territory on the cadastral plan.
The application may be submitted not by the owner, but by another person, but in this case, certificates and an extract confirming the presence of such authority must also be attached to the main package of documents.
If the person submitting the application for redistribution of the territory of the land plot is legal and represents another state, then the package of documents provided must be submitted with notarized translated copies.
There are three ways to submit your application:
- through interdepartmental information management;
- on paper in person or by mail;
- electronic document.
The maximum period for rendering a verdict on a submitted application cannot exceed 30 calendar days.
During this time, the administration is engaged in:
- consideration of the application and rendering of a verdict;
- sending a decision on approval or refusal of the scheme of the planned plot of land to the applicant;
- direction of the decision on consent in accordance with the adopted land surveying project.
The administration may issue a negative verdict on the application in the following cases:
- discrepancy between the application and the grounds for redistribution of land provided for by the provisions of the Land Code;
- the package of documents provided does not contain the written and notarized consent of other persons, if the plot of land used for expansion belongs to them;
- there is an unfinished construction site on the part of the land used for expansion;
- the cut-off plot of land is a reserved place for regional and state needs or is part of the lands withdrawn from circulation;
- the boundaries of the redistributed plot of land require clarification;
- The area of the final plot of land exceeds the maximum possible size established by current legislation by more than 10%.
What is the procedure for transferring ownership of a land plot?
The assignment of certain real estate is carried out only if at the moment the person already disposes of the property on a leasehold basis. In such a situation, the tenant receives ownership of the land on a paid or gratuitous basis, but, in addition, a transfer is also provided in favor of a new person who has not previously rented this property.
In the case of assignment of property rights, the lessor must provide certain property to the tenant or the person who buys the territory, and then register the transaction.
If the tenant is an individual, then in this case the assignment procedure will be carried out by drawing up a new agreement to an existing lease agreement, while in the absence of a lease agreement, a standard agreement for the purchase and sale of real estate will be drawn up.
Download the land purchase and sale agreement
land lease agreement
Sample land lease agreement:
Required documents
The documents that establish the possibility of assignment are acts in accordance with which the specified territories are provided to the citizen as private property.
The redemption procedure itself is carried out in the presence of the following documents:
- a document establishing that the lessor has ownership rights to the land plot;
- a completed lease agreement for the specified territory;
- a document on the basis of which a citizen has the right to use a land plot;
- cadastral passport of the given territory.
Based on the specified package of documents, the owner draws up a new addition to the existing agreement, in accordance with which the assignment procedure will be carried out in the future. The addition must be drawn up on the basis of a valid contract.
Submitting an application
The application is submitted to the head of the territorial administration body of the locality on whose territory the site of interest is located. The application indicates a complete list of data about the site, corresponding to the information in the cadastral registration, and in addition, indicates basic information about the current lease agreement, on the basis of which the interested person is using the territory at the moment.
Next, the reason for the application is expressed in detail, that is, the request for the provision of ownership rights to the leased territory is indicated. After this, a complete list of documents attached to the document is established, as well as the applicant’s signature and the date of execution of the paper.
Before applying, it is worth reviewing the details of the lease agreement in detail. It must indicate certain points that establish various features of the assignment of rights, and if they exist, it is worth writing this into your application as the basis for implementing the stated request.
If the drawn up lease agreement does not contain any instructions on the possibility of privatization, then in this case the request for the provision of property can be indicated in free form. In this case, you should try to construct phrases as clearly as possible, indicating everything concisely and to the point.
Sample cadastral passport for a land plot:
Review deadlines and registration
Consideration of such issues is carried out within a month from the moment the application with a full package of documents was submitted by the interested party. This period of time is established by the current regulations, but in practice the deadlines may be delayed for various reasons.
. In any case, the applicant will have to be informed how long the commission will be considering this issue.
In addition, the assignment of property rights must be registered with government agencies. If a land plot is purchased from a private owner, then in this case, instead of drawing up a deed, the transfer can be directly registered at the territorial office of Rosreestr.
To carry out this procedure, both parties personally visit the office of this body, after which, together with civil passports and other necessary documents, they register the assignment. In this case, it is best to draw up an additional agreement in advance in accordance with the general rules provided for the preparation of such documents
. Once the agreement is registered, the process can be considered completed.
If the deed of transfer of property was executed by municipal authorities, then in this case it is worth attaching it to the existing documents. The paper will be the basis for registration and further execution of a certificate of ownership.
transfer and acceptance certificate under a land lease agreement
Free transfer of land into municipal ownership and vice versa
Free transfer of real estate can be carried out if one of the following conditions is met:
- an agreement was drawn up with the citizen on the basis of which the development and development of the specified territory is carried out;
- a plot of land is provided to a company operating on a religious basis for agricultural or other activities;
- there are any buildings on the site belonging to the interested party;
- land is provided on the right of joint ownership in the process of forming gardening partnerships;
- the land plot is intended for agricultural activities, and at the same time was subject to chemical or radioactive contamination with subsequent cleanup;
- the person concerned is a member of a large family;
- the applicant has been using the specified site legally for more than five years.
Voluntary
Ownership of a certain land plot may be terminated if this desire is expressed by the owner of the land plot as a result of its alienation to any other persons, that is, on the basis of a formalized agreement.
In accordance with the rules specified in Article 52 of the Land Code, the alienation of land plots by their owners in favor of other persons is carried out in the manner prescribed by civil law, taking into account various restrictions associated with the turnover of such territories.
Article 52. Registration of citizens as those in need of residential premises
Alienation of a land plot involves its voluntary transfer in favor of third parties by the main owner.
At the same time, in the process of alienation of such property, various restrictions on the turnover of land prescribed in Article 27 of the Land Code, as well as various features of transactions prescribed in this code, must be taken into account.
Article 27. Limitations on the turnover of land plots
Upon alienation of real estate
In accordance with the norms specified in Article 552 of the Civil Code, on the basis of a contract for the sale of any real estate, together with the transfer of ownership rights to the specified property, the rights to that share of the land plot that is occupied by it and required for normal operation are also transferred.
Current legislation establishes that this rule applies not only to sales and purchase agreements drawn up between citizens, but also to other situations related to the alienation of real estate or its construction.
Article 552. Rights to a land plot upon sale of a building, structure or other real estate located on it
These norms were of a dispositive nature, that is, the contract for the alienation of real estate could initially establish the right to the land plot that is occupied by it, and if this right is not determined, the acquirer receives the right of ownership.
