Land for a garden

Ways to acquire land ownership

The current law of the Land Code provides for three ways to register a land plot as private property:

1. As a result of registration of a purchase and sale transaction, inheritance, donation or barter.
2. Privatization of a plot that is at the disposal of a municipal body or the state.
3. Transfer of land to a legal entity as authorized capital.

Each of these paths requires specific and individual documents to register ownership of a plot of land. Let's consider each case separately.

Nuances and package of papers for land registration in cases of various types of transactions

Registration of ownership of the plot that you received as a result of a gift, barter, or purchase and sale transaction takes place in Rosreestr.

Before contacting this authority, you should prepare the following documents:

• fill out a standard application form for registration of ownership;
• passport: both the former and future owner of the site;
• original and photocopy of the receipt certifying payment of the state duty;
• gift agreement (barter, sale and purchase, etc.);
• extract from the cadastral plan;
• consent of both parties to complete the transaction, certified by a notary;
• a certificate confirming the ownership of the land plot of one of the parties to the transaction.

Before you begin the process of registering ownership of a land plot, you should decide on its intended purpose. The amount of state duty will depend on this. Registration of a site for the construction of a country house or residential building, for a vegetable garden, will cost 200 rubles. If the acquired land is included in the agricultural category, the amount of state duty in the above cases will be only 100 rubles. Construction of a non-residential building or other purpose of the site will cost 1000 rubles. The established amount of state duty for land registration for legal entities reaches 15 thousand rubles.

Land for gardening

This article describes in detail how land is allocated for gardening, and everything you need to know about it. Land areas can be used for various economic activities. Land for gardening can be designated depending on what category the plot itself falls under. Also equally important is the location of land zones and terrain.

Regulatory regulation

Land for gardening or gardening, the rules for its use or registration are prescribed in:

• ZK
• Article 66, which explains all the information about SNT and other partnership associations.

It is important to take into account that land for gardening can be used exclusively for growing various crops. If a citizen plans to erect capital buildings, then in such territories this is impossible in accordance with federal laws. You can install only temporary sheds or small structures for storing tools.

Territory for vegetable gardens

Land for vegetable gardening allows only a certain type of exploitation. In addition, such areas may include:

1. Agricultural category
2. Lands in the territory of populated areas.

As for registration of ownership, such plots are owned by individuals and municipal organizations. In the second situation, the municipality can lease the land it owns. It is important to take into account that often land for gardening is the perpetual property of citizens.

Based on the generally accepted classification, if there is a purpose in the form of gardening, the following activities are allowed:

1. Grow vegetables and potatoes
2. Grow melons
3. Planting and picking berries
4. Create small buildings for carrying out economic activities
5. Since during the season this activity requires increased attention and control, you can install a change house for temporary residence.

However, planting fruit trees on garden plots is not permitted by established procedures. Also, before erecting small buildings, you need to make sure that there is a correct distribution of land zones and that the territory belongs to an urban settlement.

Transfer of territory to individual housing construction

As a rule, many citizens, planning the construction of a residential building up to three floors high, are first required to transfer land from the gardening category to individual housing construction. Based on Russian legislation, there are two options for solving this problem:

• Re-registration of land and its transfer to the status of a settlement
• Changing the category of use, provided that the site belongs to settlement land.

If the land is classified as agricultural, then only participants engaged in active activities can engage in construction. This is due to the fact that they are taxpayers and produce products related to agriculture.

In a situation where the owner of the site does not plan to develop his own production in the future, the best option would be to transfer the land to the category of settlement with a subsequent request for permission to build a residential facility.

However, this process can only be initiated if it borders a settlement.

What will you need?

To make the transition from the category of agriculture to the status of a populated area, it is necessary to collect the following:

1. Passport according to the cadastre
2. Confirmation in the form of an extract from the register, which confirms full ownership
3. Copy of identification document
4. The result of an examination of the environmental condition of the land.
5. In the last point, it is worth noting that the procedure can take up to four months.

How is the procedure done?

The process of changing a category involves going through the following algorithm:

• You must first write a corresponding application for consideration by the special committee on land issues and collect the necessary extracts and documents
• Review periods are limited to 60 days
• As a result, a decision must be made to change the category, or to receive a justified refusal
• A copy of the decision is issued, which must be recorded in Rosreestr.

The application must indicate the reason why the citizen wishes to initiate this procedure. It is also necessary to supplement the document with your own wishes and assign a category to the land plot (which type is preferable). If a citizen receives a refusal, a written explanation must be attached to it.

As soon as a document on a positive decision is issued, on its basis each owner can begin construction activities.

In this article you learned what land for gardening is. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave it on our website.

Source: https://www.cherlock.ru/articles/zemlya-pod-ogorodnichestvo

"Pitfalls" of purchase and sale transactions

Recently, a third party – a representative of the owner or a realtor – has acted as the seller of a land property. Therefore, you should think about legal support and sign only carefully checked papers, and use the support of a lawyer. You should carefully study the notarized power of attorney of a representative. It must contain information about the powers of the third party, as well as the cost of the site. Please also pay attention to the validity period of the power of attorney.

The purchase and sale agreement itself must contain certain information. It indicates the area of ​​the property, location address, cadastral number, passport data of both parties to the transaction. The contract specifies the circumstances for limiting its entry into legal force, as well as the conditions for termination. It would be great if a graphic part of the image of the land plot showing its configuration is attached to this document.

Registration of ownership of a land property occurs only when it is transferred from the seller to the buyer. In this case, applications for consent to the transfer of land must be submitted to Rossreest only from both parties. The purchase and sale agreement is not subject to registration.

How to obtain a town planning plan for a land plot

Provisions of Art. 46 (part 17) of the Town Planning Code indicate that the town plan for the land plot must be issued to the applicant within a month from the date of application (this time is allocated for the preparation and approval of the document). The calculation of the period begins on the day following the day of submission of documents to the authorized body.

1. Written application for the issuance of a plan. There is no approved form, but an approximate example will be offered to you at the local government authority.
2. A document confirming the identity of the applicant (or his representative). If we are talking about a representative, then he must submit documents confirming his powers (for example, a power of attorney) or giving him the right to carry out such actions without a power of attorney on behalf of the legal entity. persons (for example, an order appointing a director).
3. Extract from the state real estate cadastre (extract about the plot). You can obtain it from the cadastral chamber of your territorial entity.
4. Cadastral or technical passport of a capital construction project. This appears to be the case if capital buildings are present on the territory for which the urban planning plan of the land plot .
5. Topographical survey of a piece of land on which above-ground, above-ground and underground communications should be marked.

27 Jun 2020 stopurist 294
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Subtleties of privatization of a plot under a house

The process of registering a plot located under a house is much more complicated, unlike previous cases of privatization. First of all, you should take an extract from the cadastral plan, as well as an application for registration of land ownership and contact the authorities who have the land at their disposal. Consideration of your question will take no more than 2 weeks.

Municipal or state authorities must make one of three possible decisions:

1. Refuse to provide the site.
2. Provide land for a fee;
3. Issue a plot free of charge, relying on an article of the Land Code of the Russian Federation.

Any decision must be recorded and given to you in writing.

In the event of an offer to purchase a plot, a corresponding agreement is provided. If you are satisfied with everything,​you pay the specified amount and are sent for registration with the following package of documents:

• a completed property registration application form;
• a purchase and sale agreement or a written decision on the free provision of the site by government agencies;
• an extract from the cadastral plan of the site;
• a purchase and sale agreement or a written decision on the free provision of the site by government agencies;
• passport;
• a receipt indicating payment of the state duty.

The process of obtaining a plot of land from state or municipal authorities is greatly simplified when your home is located on this land. Also, Article 28 of the Land Code contains a list of reasons for refusing your application. Other circumstances cannot stand in the way of obtaining a plot.

How to get a plot of land for a large family in 2020

If the applicant has adopted children, then when submitting the application it is also necessary to attach copies of documents that confirm the fact of adoption of each child under 18 years of age. In addition, it is necessary to contact the guardianship authorities and obtain a certificate stating that the rights to adoption have not been revoked.

Also read: What are the benefits of 80 year old pensioners?

Allocation of land does not occur in cases where parents are deprived of parental rights, or one of the family members is fully supported by the state or local authorities. Mothers and fathers raising children alone can also count on receiving land.

Registration of privatization with the participation of specialists

Not everyone can understand the correctness of their actions during privatization.

Therefore, many trust the solution of this issue to qualified specialists. They know exactly what documents are needed to register a land plot, and where to go to obtain them. Moreover, specialists can collect all the papers themselves and undertake legal support of the transaction. They will check all the documents that the seller provides for registration of the land plot for their authenticity, and will also monitor the legality of all processes.