How to obtain a land plot for the construction of a residential building

At the same time, the bill “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Registration of Citizens’ Rights to Certain Real Estate Objects in a Simplified Procedure” was adopted.

A large number of land owners have already taken advantage of the “dacha amnesty,” as these changes were popularly called, but the need still remains. Therefore, this law has been extended more than once. The latest changes to the law were made on February 28, 2015 , it was then that the “dacha amnesty” was extended for another 3 years.

Regulatory framework

The basic law, according to which every Russian citizen is entitled to several hundred square meters of land as property from the state (i.e., a plot for individual housing construction, a vegetable garden) is the Land Code.

There is also Federal Law No. 136, which was adopted in 2001. It is constantly updated to reflect changes taking place in the country. The reality is that the concept of free land is gradually becoming a thing of the past. However, Art. 39.6 of the Land Code of the Russian Federation provides for cases and categories of persons for whom free land from the state into ownership is quite realistic.

In addition, at the federal level, benefits of this kind are regulated:

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ZK;
Federal Law No. 4301-1 of 1993;
Federal Law No. 5 of 1997.

They can also be established by local regulations adopted by constituent entities of the Russian Federation and municipalities.

How to organize a meeting

The general meeting is valid if more than fifty percent of the members of the partnership or their representatives are present at the said meeting. It can be regular (at least once a year) or extraordinary (Article 17, paragraph 5 and 6 of Federal Law No. 217).

If the wait is not long before the annual meeting, then the issue of providing a site is raised there. Otherwise, an extraordinary meeting must be convened.

In accordance with 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs”, Article 17, paragraph 7, an extraordinary general meeting of members of the partnership must be held at the request of:

board of the partnership;
audit commission (auditor);
members of the partnership in the amount of more than one fifth of the members of the partnership (PS: Members of the partnership have the right to receive the specified extracts within thirty days from the date of submitting an application for an extract from the register of members of the partnership to the board of the partnership).

An extraordinary general meeting of members of the partnership can also be held at the request of the local government body at the location of the horticulture or truck farming area.

Notification of a general meeting of members of the partnership at least two weeks before the date of its holding:

sent to the addresses specified in the register of members of the partnership (if an electronic address is available, notification is sent only in the form of an electronic message);
posted on the website of the partnership on the Internet information and telecommunications network (if available);
placed on an information board located within the boundaries of the gardening or vegetable gardening territory.

The requirement to hold an extraordinary general meeting of members of the partnership must contain a list of issues to be included in the agenda of the extraordinary general meeting of members of the partnership, and may also contain proposed decisions on each of them.

The demand is delivered personally to the chairman of the partnership or sent by registered mail with acknowledgment of delivery to the chairman of the partnership or to the board of the partnership at the location of the partnership.

The board of the partnership, no later than thirty days from the date of receipt of the request, is obliged to ensure the holding of an extraordinary general meeting of members of the partnership. In case of violation of the deadline, the audit commission (auditor), members of the partnership, local government body have the right to independently ensure the holding of the meeting.

Notification of a general meeting of members of the partnership at least two weeks before the date of its holding:

sent to the addresses specified in the register of members of the partnership (if an electronic address is available, notification is sent only in the form of an electronic message);
posted on the website of the partnership on the Internet information and telecommunications network (if available);
placed on an information board located within the boundaries of the gardening or vegetable gardening territory.

A notice of a general meeting of members of the partnership may also be published in the media.

The list of issues to be considered at the general meeting of the members of the partnership, the date, time and place of the general meeting of the members of the partnership must be indicated. The inclusion of additional issues in the specified list directly during such a meeting is not permitted.

Decisions of the general meeting of members of the partnership are documented in a protocol indicating the voting results and attaching to it a list signed by each member of the partnership or each representative of a member of the partnership who took part in the general meeting of members of the partnership. The minutes of the general meeting of members of the partnership are signed by the chairman of the general meeting of members of the partnership.

Absentee voting is not permitted unless otherwise provided by this Federal Law. In 2020, absentee voting is possible , regardless of the presence of such voting in the charter in accordance with the Federal Law of July 31, 2020 N 307-FZ “On amendments to Articles 17 and 54 of the Federal Law “On the conduct of gardening and horticulture by citizens for their own needs and on introducing amendments to certain legislative acts of the Russian Federation.”

When a high alert or emergency situation is introduced throughout the Russian Federation or in part thereof, decisions of the general meeting of members of the partnership may be adopted by absentee voting on issues falling within the exclusive competence of the general meeting of members of the horticultural or vegetable gardening non-profit partnership, regardless of whether they are included in the charter partnerships for absentee voting.

Adopting a decision at the general meeting of members of the partnership by absentee voting does not imply in-person discussion of the issues on the agenda of such a meeting and is carried out by summing up the voting results of the members of the partnership who, before the day of such general meeting, sent their decisions in writing on the issues on the agenda of the general meeting of members of the partnership to its board.

Who is eligible for the benefit?

All Russian citizens have the right to receive a plot of land from the state. It can be implemented in several ways. For example, a citizen can use it on the basis of Art. 39.1 ZK and take to:

rent;
use, including permanent and free use;
property (for a fee or free of charge).

There are several basic requirements, subject to which a resident of the Russian Federation will become the one who can receive land from the state for free under Art. 39.5 ZK:

be a Russian citizen with a minimum of five years of permanent registration;
not be the owner of another land plot;
live in a private house without being its owner;
be a member of a family whose living conditions need improvement.

Federal benefits

At the federal level, the circle of beneficiaries who are entitled to free plots is narrow. This includes:

Heroes and Heroes of Labor of the USSR, Russia;
full holders of the Order of Glory.

Based on Art. 5 of Law 4301-1 and Art. 3 Federal Law No. 5 they have the right to receive land for building a house free of charge. In the city they will be given from 0.08 hectares, in the village - from 0.25 hectares.

Local benefits

The list of those eligible for the allotment benefit in Moscow and the regions is expanding significantly. Local regulations require you to receive free land:

large families;
young family;
those in need of housing and registered;
military personnel and police officers;
Chernobyl victims who participated in eliminating the consequences of the explosion;
orphan child;
disabled person;
participant in hostilities;
state employees;
pensioners;
young professionals employed in certain industries;
those who have lost their breadwinner;
supporting a dependent - a veteran or disabled person.

The following list:

varies significantly between regions;
not exhaustive, since new regulations may be adopted locally that provide benefits.

A citizen can take advantage of the benefit of receiving a free plot of land from the state only once. The accounting procedure is established locally. It is conducted separately for land plots issued to citizens for different purposes.

Relocation programs

Citizens interested in receiving a plot of land free of charge can join the number of participants in existing programs - five federal and two regional - which are supposed to be provided with plots.

If you have a question about whether it is possible to obtain land under the program, you need to contact the MFC. By submitting your application, you will be included in a special queue.

You should, of course, familiarize yourself with the terms of the program first. It is possible that they will not suit you, because the land will not become your property right away.

Other factors may also be important.

Conditions for obtaining a land plot

In addition to belonging to the preferential category of the land applicant, he must also meet certain requirements. They are different for each group of beneficiaries, so it is worth considering separately the most common of them:

Large families

The basic requirements that apply in almost every region include:

number of children - at least three (in some regions it may be more);
children's age is less than 18 (or 23 if the child is studying at a university and does not work);
citizenship - Russia;
place of registration - the subject of the Russian Federation in which the application is submitted;
period of registration - at least 5 years in one place (children must live with their parents);
property status - the family must not have any other land on the territory of the Russian Federation (in some cases it is required that the family does not have any residential real estate at all);
relationship between parents - they must be officially married (with the exception of situations in which the applicant is a single mother or father);
the intended purpose of the site is individual housing construction, summer cottage farming, gardening (entrepreneurial purposes are usually prohibited);
the conditions under which the land is provided are free use with the possibility of further registration of ownership rights (in this case, the plot must be registered in equal shares for each family member);
possible area - from 6 to 15 acres;
special requirements - parents should not be deprived of parental rights, none of the children should be fully supported by the state.

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.

Young professionals

They must meet the following requirements:

need for housing (specific parameters are determined by regional legislation);
work in rural areas for at least a year after graduation (secondary, higher or postgraduate education);
carrying out work during a given period within the framework of the acquired specialty or profession;
age - less than 35 years.

At the regional level, a specific list of professions can be established whose representatives will be able to apply for a plot. Typically, this list is compiled taking into account exactly what specialists are missing in a particular locality.

Military personnel

The conditions are as follows:

duration of military service - more than 10 years;
place of service - within the constituent entity of the Russian Federation in which the site is located;
Possible area of the plot is from 6 to 25 acres (depending on the type of terrain).

There are separate programs under which the minimum service life must be 15 years. Benefits may also be provided to those military personnel who are planning to leave service and retire (provided they have the necessary length of service).

Disabled people

There are practically no requirements for representatives of this category, except that they must be recognized as in need of housing.

It is worth considering that the benefit is to receive a plot out of turn, without the need to participate in the bidding procedure. However, it is still provided on a paid basis - the price is set depending on many parameters (area, location, etc.). But individual regions of the Russian Federation may introduce programs according to which this procedure will be free.

Another common requirement for all the categories listed above is the fact that the application for a plot must occur for the first time - the right to receive a free plot can only be exercised once. Therefore, it is necessary to provide a document confirming the absence of such a plot in the property.

What areas are allocated for individual housing construction?

Counting on the allocation of land for individual housing construction free of charge, we take into account that we will have to send notices to the urban planning department of the local administration about the beginning and completion of the construction of a house, which means that the allocation of a plot for the construction of a residential building is possible only from settlement lands. Moreover, the plot should be allocated specifically for individual housing construction, and not for another purpose. You can try to transfer the received land to another category, but you will have to go through a difficult and lengthy procedure. The game is not worth the candle.

An attempt to build on a plot of land with a different purpose can end very badly for the owner:

will be fined because land use rules have been violated;
will not allow you to register in the constructed building;
They will force you to demolish the building yourself.

Regular registration procedure

How to get land for individual housing construction free of charge? There are two ways:

One by one. For example, being a beneficiary or a participant in a state program, we write an application to the MFC or contact the local administration.
Out of turn. We are looking for a plot ourselves, which is under the jurisdiction of the municipal administration. Then we submit an application to receive it.

First, let's look at how land transfers typically work.

Collection of documents

Wondering how to get a plot of land? Start by filling out an application and collecting documents. Their list may vary depending on the specific program and other factors.

The applicant will need to provide the following general documents to receive land:

Russian passport, which shows registration;
certificate confirming family composition;
passports or birth certificates of family members;
title documents for real estate owned by the applicant;
the conclusion that the available living space is below standard, and the family needs to improve their living conditions.

Submitting an application

When the necessary documents have been collected, we move on to the second stage of solving the problem “How to get a land plot for free.”

To do this, fill out the form issued by the MFC, or write an application to the municipality. There are no special requirements for the form of the document. We adhere to the general rules established in Art. 7 Federal Law No. 59 of 2006 for citizens to write appeals.

You will need to clearly indicate:

name of the authority;
your data;
a request that the allotment is needed specifically for individual housing construction;
what address is the site located at?
list of applications;
date and signature transcript.

It's convenient to have a sample at hand. You can use the example of an application submitted by a large family.

By completing your application correctly and submitting the required documentation, you can confidently count on a positive decision.

Waiting and next steps

We submitted an application to solve the problem “How to get land for building a private house”, now we have to wait for an answer. Authorities are given a standard 30-day period to consider citizens’ appeals. The applicant will be notified, the plot will be transferred to him or the request will be refused with reason.

Upon receipt of a land plot, it is advisable to quickly register ownership of it. Registration is carried out in Rosreestr. You will need to pay a state fee.

After receiving documents from Rosreestr, you can legally dispose of the plot: start construction or take other actions, drawing up acts of donation, wills, and sales. A building on an unregistered plot is not subject to registration.

Land registration

As you can see, it is quite possible to get a plot of land for free, but you become a full owner only after registering with Rosreestr.

Documentation can be sent to:

by mail;
through the MFC;
to the management of Rosreestr;
online.

You will need to present:

ID cards;
the decision according to which the site was allocated;
transfer act;
a receipt confirming payment of the state duty.

How to register and all the necessary information on the procedure can be found on the official Rosreestrovsk website. The procedure is tracked online. If something is filled out incorrectly, they will send a message to the specified e-mail so that it can be corrected.

The procedure will take one to two weeks. Through the MFC it takes a little longer. They do not provide special certificates of ownership; confirmation is a current extract from the Unified State Register of Real Estate.

Features of the dacha amnesty

Thanks to the amnesty of dacha plots, the process of registering property rights has been significantly simplified: instead of a pile of papers, just a few documents are enough to confirm the right of ownership. Also, the operation of residential buildings is introduced without a building permit. These are positive aspects of the law, but there are also negative ones . Such a simplified model for registering land plots is fraught with an increase in the number of disputes between neighbors, since prior approval is not required.

The dacha amnesty for individual housing construction, private household plots and other real estate properties made registration of property rights without a trial. This rule also applies to those cases where the legal registration of the site has become outdated and does not meet the requirements of the time. Before the adoption of a law simplifying the procedure for registering a land plot in such situations, court could not be avoided. For more information on how to register a garden house under the dacha amnesty, please follow the link.

Alternative

How can you get a plot of land for free, without waiting for the turn established for benefit recipients to arrive, since staying there, according to average estimates, takes about two to three years? The process can be speeded up by about ten times, but you will need to take some independent actions, which will require a certain amount of personal time.

We use a cadastral map

We begin solving the problem “How to get land from the state” by studying a special map. We go to the site to find and subsequently obtain ownership of a free plot of land.

We check the information received

When deciding how to get a plot to build a house for free, we check whether the objects of interest belong to someone. For example, here.

We clicked on one of the plots that opened in the list and found out all the information about it.

Not in all regions of the country it is possible to quickly find suitable vacant plots. Did you find one? Then we check it through the Rosreestrovsk help desk.

Submitting a request will help ensure that your public map information is not out of date. At the same time, we will use the link that allows you to pre-submit an application so that you can register later.

Proof that the site is free is a separate mark in section 1. It indicates the absence of data to be entered in section 2.

To obtain an extract you will have to pay a state fee. Electronic - via API, certified by the registrar's digital signature, will arrive faster (in an hour, not in three days) and will cost less - 250 rubles.

Submit an application

Having independently found the plot of land we like, we promptly collect documents to receive the plot of land free of charge. Submitting an application with attached documents follows the standard procedure.

It is more reliable to present during a personal reception at the local administration, but you can also submit:

by mail;
through the MFC;
through the State Services portal.

We are finalizing the deal with the administration

After considering the received application for the provision of a plot of land for the construction of a residential building, the local administration will invite the citizen to enter into an agreement with him. What it will be is determined by whether the land is given for ownership or lease or use. A lease agreement for a plot of land for individual housing construction with a citizen, for example, is signed in accordance with paragraph 3 of paragraph 8 of Art. 39.8 ZK, for 20 years.

After which the citizen only has to register with Rosreestr and become the legal owner/user of the land.

Types of plots that can be provided for free

It is worth mentioning right away that the plots are not provided free of charge. Obtaining ownership of them is quite problematic. Therefore, land plots are issued only on terms of indefinite or fixed-term use. The period of use is at least 5 years. The maximum is set individually.

During this period, people have the right to use the site in accordance with their needs and requirements. What areas do they get? A citizen can indicate a specific land plot object, but only on the condition that it is not occupied on the cadastral map.

Also, plots are provided that meet certain requirements:

This land plot must be owned by the federal authorities or the municipality that reviews the applications.
The location of this land plot must be the subject of the Russian Federation, where the citizen who applied for the plot lives.
Legislation sets maximum limits on the area that a citizen or an entire family can receive. Typically, the plot cannot exceed 15 acres.
The land plot must be equipped with clear boundaries, which means that a land surveying procedure must be carried out. In addition, the plot must be assigned its own cadastral number.

Additional Tips

There are several more ways to get a plot of land for building a house without paying the market price for it:

Participate in the auction. It is beneficial if the item is quite inexpensive.
Occupy an ownerless plot, build an unauthorized plot and legalize the construction on the basis of clause 3 of Art. 222 of the Civil Code of the Russian Federation. However, count on the provisions of Art. 234 of the Civil Code, acquisitive prescription is quite risky.
Join the state program.

Increasing land area: how much is this possible?

Owning a plot of land for a certain time, due to various circumstances, the area of the plot increases, that is, a process of “squatting” occurs near the lying territories. If this does not cause any claims from neighbors, or this is a non-residential area, and also not state property (national park, nature reserve), then it is possible to expand your possessions at the legal level.

For each case, the amount of added land is calculated separately, but not more than 10% of the size of the main plot . Let's look at how many acres can be cut using an example.

For example, if the plot is 6 acres, then we get another 0.6 acres. To determine and secure any boundaries of the site, you should contact the cadastral chamber, where they will survey the land.

There are several nuances that can complicate the process of increasing the site.

Firstly , the law stipulates that a free increase is possible only if the “additional meters” do not exceed the specified minimum area. The standard size is 6 acres, so you will have to pay extra for each “extra” hundred.

Secondly , a cadastral engineer cannot just increase the size of a plot.

This requires strong justification. At the same time, he must refer to information from the original documents.

If exact data is not available, then the boundaries are established according to existing (15 or more years) boundaries.

Is it possible to exchange a plot?

It happens that a citizen managed to acquire ownership of land for free in order to build a house, but the site seems unsuitable to him. When contacting local authorities with a proposal to replace it with another, references to poor location and low market value are considered unfounded. The only reason for replacement: it is impossible to build a house on the plot, it does not correspond to its intended purpose. Then they will change it. What can be done if the local administration refuses to change:

sue her, perhaps the court will take the arguments presented into account;
register the plot and sell it;
find another suitable plot of land and apply for rent.

If you are unlucky in choosing a plot of land for construction, you can find other options, for example, signing a lease agreement.

For what purposes are the allotments given?

After a citizen has received a land plot, he can use it for his own purposes. However, the main thing is that they do not worsen the condition of the site and do not violate the rights, freedoms and interests of other persons. How can the land plot be used:

Most often used for individual housing construction.
It is also used for gardening, and citizens plant it with fruit trees.
Individuals can also obtain permission to run their own private farm.
The construction of a country house is permitted on the site. True, then it will be impossible to register there.
In certain areas, in accordance with the approval of local authorities, livestock grazing can be carried out.
The same goes for farming.
You can mow hay.

However, goals are set individually depending on which preferential category of citizens we are talking about.
However, if a large family has received a plot of land and declares that it will use it for summer cottage construction, then the administration may prohibit this if it turns out that the family does not have a permanent place of residence. Then the plot will be provided only on the terms of individual housing construction. However, in the future it is possible to stipulate additional conditions for using the site, as well as purposes.

Useful video

One of the users’ channels posted a seven-minute video on how to get plots for individual housing construction in Russia for almost nothing.

The 17-minute duration of the first part of the video, which has collected almost ten thousand views, tells about an unsuccessful personal experience of how to get land for free in the Kemerovo region.

A user who had to spend seven months to achieve the goal shared his personal experience of how land is leased for individual housing construction.