In accordance with current legislation, the decision to lease land belonging to state or municipal property must be made based on the results of the auction. In this regard, citizens and legal entities have the following questions: who can participate in such auctions? What is needed for this? What is the order of the auction and the selection of the winner? etc. This article will help you understand all this.
How are tenders conducted at the initiative of local government?
If the initiator of the auction is local government, then all activities will be carried out as follows (clause 3 of article 39.11 of the Land Code of the Russian Federation):
- Everything will begin with the development and approval of a layout plan for a plot of land (if it has not yet been allocated and a land surveying project has not been developed for it).
- The next stage will be carrying out cadastral work.
- Carrying out cadastral registration of a land plot, as well as entering information about the owner into Rosreestr. All these procedures are carried out on the basis of an application from an authorized government body.
- Next, a decision is made to hold an auction for the right to conclude a lease agreement for land owned by the state.
- Publication of a notice of an upcoming event on the official website of the Russian Federation, intended for posting such information. This must be done 30 days before the expected auction date. Moreover, a draft land lease agreement must be attached. The following information must be included in the notice:
- information about the person who is the organizer of the auction, as well as the authorized body, indicating the details of a positive decision on holding the auction;
- address, day and time of the event;
- characteristics of the subject of the transaction, its initial price and “auction step”;
- procedure and form for submitting an application;
- deposit size;
- the duration of the lease agreement, as well as its annual cost;
- Rent benefits in accordance with the Law “On the Development of Small and Medium-Sized Enterprises in the Russian Federation”.
- Reception and consideration of applications from applicants, as well as preparation of the corresponding protocol.
- Notifying potential auction participants about the decision made. This must be done within the day following the signing of the protocol.
- Conducting an auction, drawing up a protocol and posting it on the official website.
- Refund of deposits to participants who did not win the right to enter into a lease agreement. This must be done within 3 days from the date of signing the protocol.
- Signing and sending the draft lease agreement (in 3 copies) to the auction winner.
In separate publications, our experts also talk about whether it is possible to buy out land that is leased and how to rent a plot and then buy it from the state.
Land use
Municipal.
Municipal services are provided by the administration of the municipal formation - Ryazan municipal district of the Ryazan region. The provision of municipal services is provided by the department of land use organization of the urban planning and property relations department of the administration of the municipal formation - Ryazan municipal district of the Ryazan region.
Municipal services are provided free of charge.
Applicants for the provision of municipal services are citizens, legal entities and individual entrepreneurs (hereinafter referred to as the Applicants, interested persons) or their authorized representatives.
To receive a municipal service, the interested person sends to the administration of the Ryazan municipal district or submits to the State Budgetary Institution RO "MFC of the Ryazan Region" an application, a list of documents in person or through a representative, by post or by e-mail in the form of electronic documents in accordance with the requirements of current legislation, including including using the Unified Portal of State and Municipal Services.
The following must be attached to the application for the provision of a municipal permit:
Application for approval of the layout of a land plot or land plots on the cadastral plan of the territory, if such a land plot is to be formed and there is no approved land surveying project.
The following are attached to the application:
— a diagram of the location of a land plot or land plots on the cadastral plan of the territory (in the event that a land plot is to be formed and there is no approved land surveying project for the territory within the boundaries of which such a land plot is to be formed);
— a document confirming the authority of the Applicant’s representative (if the application is submitted by a representative of the Applicant);
— certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state (if the Applicant is a foreign legal entity);
— consent to the processing of personal data;
Statement of intent to participate in the auction.
The following are attached to the application:
— a document confirming the authority of the applicant’s representative (if the application is submitted by a representative of the applicant);
— certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state (if the applicant is a foreign legal entity);
— consent to the processing of personal data (link).
The result of providing municipal services is:
— concluding a purchase and sale agreement or a lease agreement for a land plot that is in municipal ownership, as well as state ownership for which is not demarcated; or
— refusal to approve the layout of a land plot or land plots on the cadastral plan of the territory; or
— refusal to hold an auction for the sale of a land plot or an auction for the right to conclude a lease agreement for a land plot; or
- refusal to provide a land plot.
Duration of provision of municipal services
Providing ownership, lease, permanent (indefinite) use, gratuitous use of a land plot that is in municipal ownership, as well as state ownership for which is not demarcated to citizens and legal entities without holding a tender, is carried out within a period not exceeding 30 calendar days from the date of registration in administration of a written application from an interested person for the provision of a municipal service.
The period from the date of receipt of the application for approval of the layout of a land plot or land plots on the cadastral plan of the territory to the day of acceptance and sending (issuance) to the Applicant of the administration decision on approval of the layout of the land plot or land plots on the cadastral plan of the territory or a decision to refuse approval of the layout land plot or land plots on the cadastral plan of the territory - no more than two months from the date of registration with the administration of a written application of an interested person for the provision of a municipal service.
The period from the date of receipt of an application for an auction for the sale of a land plot or an auction for the right to conclude a lease agreement for a land plot until the day the administration of the municipal formation - Ryazan Municipal District of the Ryazan Region makes a decision on holding an auction for the sale of a land plot or an auction for the right to conclude a lease agreement for a land plot or an administration decision to refuse to hold an auction for the sale of a land plot or an auction for the right to conclude a lease agreement for a land plot - no more than two months.
The period for providing municipal services does not include the period for carrying out work to register the land plot with the state cadastral register.
The period for providing municipal services does not include the period during which the transfer of land from one category to another is carried out.
When sending an application and documents necessary for the provision of a municipal service by mail, the period for providing a municipal service is calculated from the day the administration receives the application and documents necessary for the provision of a municipal service (based on the date of registration of the application).
Deadlines for individual administrative procedures:
reception and registration of applications and documents necessary for the provision of municipal services – 45 minutes;
— review of submitted documents and receipt of technical specifications – within 3 days;
— interdepartmental information interaction — no more than 7 working days, and in case of sending a repeated request — no more than 13 working days,
— approval of the layout of a land plot or land plots on the cadastral plan of the territory or adoption of a decision to refuse approval of the layout of a land plot - 30 days;
— preparation of a resolution of the administration of the municipal formation - Ryazan municipal district of the Ryazan region on holding an auction for the sale of a land plot owned by the municipal formation - Ryazan municipal district of the Ryazan region, or an auction for the right to conclude a lease agreement for a land plot owned by the municipal formation - Ryazan municipal district of the Ryazan region, or the administration’s decision to refuse to hold an auction - 30 days;
— establishing the initial price of the subject of an auction for the sale of a land plot owned by the municipal entity - Ryazan municipal district of the Ryazan region, or an auction for the right to conclude a lease agreement for a land plot owned by the municipal entity - Ryazan municipal district of the Ryazan region;
- holding an auction for the sale of a land plot that is in the municipal ownership of the municipal formation - Ryazan municipal district of the Ryazan region or an auction for the right to conclude a lease agreement for a land plot that is in the municipal ownership of the municipal formation - Ryazan municipal district of the Ryazan region - 60 days;
- registration of the results of an auction for the sale of a land plot owned by a municipal entity - Ryazan municipal district of the Ryazan region or an auction for the right to conclude a lease agreement for a land plot owned by a municipal entity - Ryazan municipal district of the Ryazan region - 3 working days from the date of drawing up the protocol on auction results;
- preparation and signing by the administration of the municipal formation - Ryazan municipal district of the Ryazan region of a land purchase and sale agreement or a land lease agreement - 5 calendar days;
- sending or issuing to the Applicant a land purchase and sale agreement or a land lease agreement - no more than 3 calendar days from the date of signing the agreement;
— sending information to the register of dishonest auction participants in the case established by clause 27 of Art. 39.12 of the Land Code of the Russian Federation – 1 working day.
At the initiative of an individual or legal entity
According to the current legislation, , that is, individuals and legal entities or individual entrepreneurs , can also initiate an auction for the right to conclude a lease agreement for state-owned land In this case, the general procedure for conducting auctions will be as follows (clause 4 of article 39.11 of the Land Code of the Russian Federation):
- The interested party must prepare a layout plan for the plot of land (if necessary).
It should be borne in mind that it is not allowed for citizens and organizations to prepare a layout plan for a land plot if it is located near the borders of federal cities (Moscow, St. Petersburg, Sevastopol) or populated areas. - The interested party sends an application to the authorized body for approval of the developed site plan, indicating the purpose of its use.
- Next, the authorized body checks the legality of the request sent to the applicant, and within 2 months sends a written response on approval of the land scheme or refusal.
- Then the interested party carries out cadastral work in accordance with the approved land surveying project.
- Carrying out cadastral registration in relation to a specific plot of land, as well as registering ownership rights to it (in this case, the owner will be the state or municipality).
- Sending an application by an interested person or organization with a request to hold an auction to the authorized body. This document must indicate the purpose of use of the land.
- The self-government body sends to Rosreestr an application for registration of ownership of the plot formed in accordance with the land surveying project.
- Ensuring the technological connection of a particular facility to utilities (if there is such a condition in the auction rules).
- Next, the authorized body checks whether there are grounds for accepting the application of the person interested in holding the auction and makes an appropriate decision. This stage can last no more than 2 months from the date of receipt of an application from a legal entity or individual.
- If a positive decision is made, further actions to organize the auction are carried out in the general manner (by sending a notice, accepting applications from participants, etc.).
An application for approval of the site layout scheme, as well as for holding an auction, can be sent by an interested party in one of the following ways: personal visit, registered letter, sending electronic documents via the Internet.
Providing a plot of land in the Moscow region through auctions for ownership or lease
Individuals and legal entities can purchase or rent land owned by the Moscow Region through auction. The corresponding service is provided by the Ministry of Property Relations of the Moscow Region. Read about what documents you will need to apply for a government service and the timing of its provision in the material on the mosreg.ru portal.
Restriction on participation in auctions for the sale of land plots
Auction
Source: , website of the Sergiev Posad district administration
Agricultural lands cannot be owned by: - stateless persons, foreign legal entities and foreign citizens; — legal entities in the authorized capital of which the share of foreign legal entities, foreign citizens and stateless persons is more than 50%. The listed categories of bidders can only lease agricultural land. One individual or legal entity is granted ownership of no more than 25% of the total area of farmland located on the territory of one municipality near Moscow.
Read how to get undelimited land plots in the Moscow region without bidding>>
How to get the service
To submit an application and the documents necessary to receive the service to the Ministry of Property Relations of the region, you can contact the territorial unit or multifunctional center in person. In addition, the applicant has the opportunity to use the electronic form on the portal of state and municipal services of the Moscow region.
Read how to get land for free in the Moscow region>>
Required documents
Pile of papers
Source: RIAMO, Alexander Kozhokhin
As mandatory documents, the applicant must submit an application for participation in the auction, a certificate of state registration of a legal entity and constituent documents of the legal entity. Additional documents include: - a document confirming the applicant’s identity; — certified translation into Russian of documents on state registration of a legal entity, if the applicant is a foreign legal entity; — a payment document confirming the transfer of the established deposit towards payment under the contract (the amount of the deposit is indicated in the documentation and information message regarding the auction).
Find out how to assign an address to a plot or property in the Moscow region>>
Result and timing of the provision of the service As a result of the provision of the service, the applicant receives: - a transfer and acceptance certificate in the event of the sale of a land plot; — lease or purchase and sale agreement of a plot or refusal to conclude an agreement; — protocol on the results of the auction or refusal of admission to participation in the auction; — notification of recognition of the auction as invalid; — return of the deposit and documents. For legal entities, the period for registering documents is one working day, the maximum period for providing services is 60 working days.
Read how to get approval for the architectural and urban planning appearance of a property in the Moscow region>>
Refusal to provide a service Grounds for refusal to provide a service or its suspension may be the refusal of the ministry to conduct bidding, the absence of a deposit at the time of consideration of applications for participation in the auction, the absence of documents necessary for participation in the auction, or the inaccurate information contained in them. In addition, the service may be denied to a person who does not have the right to participate in a particular auction. If the applicant is listed in the register of dishonest auction participants, this may also become a basis for refusal to grant it in the Moscow region: how to change the status of land>>
Procedure for appealing a refusal An applicant can appeal the procedure for providing a service to the Ministry of Property Relations or the Ministry of Public Administration of the Moscow Region by personal written application, through the regional public services portal, the portal of the Moscow Region government or the website of the Ministry of Regional Property, as well as through the multifunctional center. The period for consideration of a complaint by the regional Ministry of State Administration will not exceed 30 days and will be equal to the period for verifying the facts of a violation of the procedure for providing the service. The Ministry of Property Relations considers the complaint within 15 working days. More detailed information about filing a complaint can be found on the portal of state and municipal services of the Moscow region.
How does this work electronically?
In paragraph 1 of Art. 39.13 of the Land Code of the Russian Federation states that an auction for concluding a lease agreement for land owned by the state or municipality is held in electronic form. The only exceptions are those cases when we are talking about a site intended for:
- housing construction;
- running a personal household;
- carrying out farming activities, etc.
In the case of an electronic auction, posting a corresponding notice on the official website is not required. At the same time, the main document regulating the procedure for conducting tenders of this form is the Law of the Russian Federation of April 5, 2013 No. 44-FZ.
Summarizing the above, it can be noted that the transfer of state land for lease is carried out through bidding in the form of an auction. At the same time, this process can be initiated by both a self-government body and organizations, individuals (including foreign ones) or individual entrepreneurs.
