How to privatize a land plot in 2021? | Legal advice

It should be recalled that privatization is a voluntary decision, and refusal of this procedure does not cancel the fact of ownership. Here is a step-by-step guide where you will find out what documents are needed to privatize land, what is the procedure for drawing up an agreement and a cadastral passport.

Features and nuances of land privatization

The opportunity to privatize a plot of land is provided, depending on the surrounding circumstances, for a fee or free of charge.

You can register ownership of a certain area free of charge in the following cases:

• Possession of land on the basis of perpetual use, as well as the right of lifelong inheritable possession. There are no restrictions on the area of ​​the plot. Does not apply to the heirs of a citizen who had, but during his lifetime did not take advantage of this right. If we are talking about summer cottages, collective privatization is possible.
• Possession of living space located on the territory in question , acquired before 1990, but for some reason not registered as property until now. There are also no space restrictions.
• Living in an apartment building makes it possible for the owners of both residential and non-residential premises of the designated building to privatize the site. The available area will be determined by the size of the area occupied by the building itself and used to service this building. Determining permissible boundaries is the task of local governments and is carried out taking into account certain urban planning standards.
• Ownership of an organization that does not carry out a commercial function , provided that the building of an organization belonging to a preferential category was acquired by a legal entity before the entry into force of the Land Code of the Russian Federation.
• Involvement of an individual in a preferential category. Distributed in areas under construction or for other purposes. Zones related to non-developable territories, as well as the possible area, are determined by local governments.

Free privatization is a benefit and is available to everyone once in their life. Except in cases where the child participated in this process before reaching adulthood. Subsequently, being already of age, he can once again take advantage of the free conditions when registering property.

If none of the above conditions are valid or have already been used once, you can register the property for a fee determined by the land tax rate taking into account the declared category of land.

You cannot privatize land using any of the above methods if:

• it is withdrawn or has any restrictions;
• authorities have established a ban on registration of ownership of a certain territory;
• the land was reserved for government needs.

It is worth paying special attention to possible difficulties in this matter. Due to the negligence of members of the administration, circumstances may arise when two or more users own the same designated territory.

As a rule, the decision is made in favor of the citizen who has most competently drawn up all the legal papers, or is selected on the basis of using the property for other purposes. The activity of raiders is no less likely, and it is possible to protect yourself as much as possible by also correctly documenting all the nuances of the process.

Arbitrage practice

Basically, the need to protect rights in court arises at the stage when the authorized body makes a decision to refuse a citizen the privatization of land.
In 2011, land legislation underwent significant changes, so even a refusal to privatize on the grounds of using a previously given right is not always legal. Thus, citizen N. was refused by the administration to privatize a land plot due to the fact that he had previously used such a right. During the consideration of the case, the court found that in 1992, citizen N. was given ownership of part of the plot free of charge; the administration is ready to transfer the second part, which is the subject of the dispute, only through redemption.

However, the court satisfied the claim of citizen N. and declared the refusal illegal, citing the fact that the first free privatization was carried out in 1992, when the new Land Code, providing for a one-time free privatization, did not yet apply to previously arisen legal relations. Thus, the fact of privatization by citizen N. before the adoption of the Land Code has no legal significance and should not be taken into account as a reason for refusal.

Legislation

Regulation of all actions carried out with the land is carried out by the following bills:

• Land Code of the Russian Federation, Land Code of the Russian Federation. The main regulatory legal document on land relations and their regulation in accordance with the category and purpose of the plots. It consists of 18 chapters, including 103 articles, mandatory for all users, owners and tenants of land, as well as in the case of construction and reconstruction of structures.
• No. 178-FZ “On the privatization of state and municipal property.” Regulates relations arising during privatization, management of state and municipal property.
• No. 137-FZ “On the entry into force of the Land Code of the Russian Federation.”

Step-by-step instructions for privatization

1. It is necessary to draw up an application in the specified form for consideration by the local government body under whose jurisdiction the specific territory is located, and indicate in it, in addition to personal data:
   passport details, TIN number;
2. estimated area of ​​the requested site;
3. and its intended purpose.
4. For the further registration procedure, you should receive a positive decision on the considered application and prepare all the necessary papers directly for the site itself - depending on the situation, take extracts from the Unified State Register or first register it.
5. Next, confirming the decision at the request of the applicant with the presence of the required documents and a receipt confirming payment of the state duty, you submit an application to the authorized body for the region in question for privatization in your favor of the designated territory.

List of main documents

Advance preparation for submitting a request for property registration will require the following items:

• cadastral passport for the requested territory;
• an extract from the Unified State Register for the requested site, as well as the objects located on it, if any, or a notice of the absence of the necessary information for this request; Please note that providing these papers yourself helps speed up the process, but is not mandatory, since the body considering the application has the opportunity to obtain the necessary information without the direct participation of the applicant.
• certificate, or a certified copy thereof, confirming the fact of ownership by the applicant;
• if there are buildings in the area under consideration, appropriate technical equipment is also required. passports;
• if you are considering free privatization based on your relationship with a certain preferential category of citizens, you should prepare supporting papers or orders;
• Prepare copies of all collected and available documents, possibly in several copies.

Under a private house

A huge amount of private real estate in Russia is located on land owned by the state. With apartment buildings everything is clear; in this case there is no choice. But the land under a private house can and should be privatized. Until the owner of the house does this, the land will remain on the balance of the state. Therefore, the homeowner cannot dispose of it. And in the event of alienation (for example, for the construction of a state facility), he will receive compensation only for the residential building.

So it is still worth privatizing the land on which a private house stands. You will face costs, but at least you won’t have to buy the land at market value.

So, what expenses will be required to privatize land for individual housing construction?

When the land occupied by your private house or cottage, as well as the territory necessary for its maintenance and operation, is privatized, nothing threatens your property.

A plot of land with a house cannot be alienated without compelling legal reasons. And if such problems do arise (for example, a federal highway passes through it), then you will be entitled to compensation for both the house and the land.

List of additional documents

If a representative acts in the interests of the applicant, it is necessary:

• A permit certifying the legality of such actions. As a rule, this is a power of attorney to perform certain actions on behalf of the applicant, confirmed by a notary.
• When participating in the procedure for registering ownership of the designated real estate by one of the spouses, confirmation of consent must be provided in writing and certified by a notary from the other spouse.

In certain cases you may need:

• An extract from the land committee on the cost of the requested property in a regulatory format.
• Information provided in the required form from the Federal Tax Service inspection indicating the land tax for the size of the plot area.

The requirements regarding their availability should be clarified at the place where the collected documentation is submitted for review, depending on the nuances of the registration process.

Possible schemes

In addition to the privatization of the plot itself, citizens can use other options for registering the right to a land plot.

But such methods in no way equate to the process of gratuitous transfer of ownership, since they do not fall under the basic principles and conditions of the program.

According to the dacha amnesty program

The so-called dacha amnesty was introduced by law dated June 30, 2006 No. 93-FZ.

It represents a simplified and facilitated procedure for the legalization of residential real estate that was once built without permission.

Can be carried out in relation to a country house built on a plot of land. By the way, such plots can be registered as property in parallel with the buildings.

Paid

If a citizen does not meet any of the requirements for free privatization of a plot, he can use an alternative option - purchasing the land through a public auction.

Confirmation of personal information for land privatization

The following should also be available to provide:

• passport (copies of information pages in several copies), provision of data in all completed applications;
• TIN certificate, provision of data in applications;
• SNILS, provision of data in applications.

The applicant's marriage registration certificate and its copy may be required; check the need at the place where the request is being considered, depending on the specific case.

The process of obtaining a cadastral passport

The task of obtaining a cadastral passport is significantly simplified by being on the cadastral register and having the corresponding number of the plot in question.
The following is submitted to the territorial body of Rosreestr, namely the Federal Service for State Registration of Cadastre and Cartography, which is regionally related to the object:

• statement of established content;
• a photocopy of the information pages of the applicant’s passport;
• a copy of the certificate for the plot and its cadastral number. Must be certified by a notary;
• confirmation of land ownership.

If the area in question is not registered in the cadastral register, the following actions must first be performed:

• an act is drawn up, the contents of which must contain complete information about the coordination of the borders in question with the territory occupied by neighbors;
• drawing up a boundary plan for the designated area;
• payment of state duty;
• drawing up an application in the form provided.

The entire list indicated above is also provided to the Federal Service for Registration of Cadastre and Cartography, to which the object belongs territorially, in addition the following is provided:

• owner's passport;
• a notarized copy of the ownership of the plot.

If his representative acts on behalf of the applicant, a power of attorney is notarized to obtain certain powers and the right to perform specified actions.

Which areas cannot be privatized

According to paragraph 8 of Article 28 of Federal Law-178 “On Privatization...” the alienation of land plots is prohibited if the land:

• withdrawn from use (contaminated with dangerous chemicals or subjected to technogenic (biogenic) contamination;
• has strategic importance, belongs to nature reserves (parks);
• reserved for government needs;
• refers to forest or water resources;
• is a square, street, passage, highway, embankment, etc.

Download Federal Law No. 1541-1 On privatization (59.3 KiB, 422 hits)

However, refusal to use certain categories of land, the alienation of which is unacceptable by law, is not acceptable. Such a restriction on the use of land is only restrictive in nature (for example, it is prohibited to engage in some specific type of activity on such lands).

How to privatize a land plot? The procedure itself, in addition to collecting a large package, is not something impossible. It is enough just to follow a certain order of registration.

Drawing up a boundary plan and stages of work for registration of cadastral registration

Contacting an organization providing land management services requires submitting:

• statements according to the established form;
• registration certificates for a specific area of ​​land;
• confirmation of ownership of this area;
• passport of a citizen of the Russian Federation confirming the identity of the applicant;
• extracts from the BTI on buildings existing on the designated territory;
• cadastral extract and territory plan.

The work carried out by a land management specialist is as follows:

• collection and analysis of all necessary information;
• notification, as well as coordination of emerging issues with citizens and organizations whose rights will be affected during land surveying. Based on this, an act on the approval of boundaries is drawn up;
• geodetic survey of a specific area of ​​land;
• processing and analysis of the results of the work performed;
• preparation and execution of a boundary plan of the site in question;
• performing the necessary final actions to register the site with cadastral registration, including directly contacting the relevant authority;
• obtaining a passport and a certificate indicating the coordinates of a specific area.

Certification in form with the seal and signature of the performing engineer is required.

Timing

Regarding the timing of privatization, legislative acts contain the following information:

• from the moment of transfer of the package of documents and application to receipt of documentation for ownership, no more than two weeks pass;
• production of a cadastral passport of an allotment subject to privatization is carried out within one month;
• the conclusion of an agreement on the purchase of land (if it is impossible to use the free privatization right) is carried out within 7 days from the date of submission of the necessary documentation.

Time frame
In most cases, taking into account the need to contact various authorities to fulfill requests and obtain documentation, it takes from 6 to 9 months. In case of deliberate delay of the process, the state. authorities, a citizen or legal entity whose rights are violated has the right to file a claim in court.

Extract from Rosreestr and procedure for its registration

The following are submitted to the territorial branch of Rosreestr or MFC:

• applicant's passport;
• a statement of the established form indicating the necessary information;
• receipt of payment of state duty.

You must appear for your statement on the specified date.

An extract from the Unified State Register can be issued to any interested person, however, if it contains more complete information, only the owner or his authorized representative can apply for it if he has the appropriate document.

Drawing up a privatization agreement

Upon completion of preparation and receipt of a positive response to the considered circumstances in favor of recognition of the applicant’s right to register property, an agreement on privatization and recognition of the applicant as the owner of the specified object is drawn up.

The Rosreestr branch to which the requested area belongs is provided with:

• applicant's identity card,
• a decision on the provision of a site, drawn up according to the appropriate standard, based on all the information considered,
• payment of state duty, confirming receipt,
• an application drawn up in the prescribed form.

Also, if his representative acts on behalf of the applicant, a power of attorney drawn up by a notary is required.

Registration of a certificate of ownership at the Registration Chamber, provided by:

• the applicant's identity card;
• an application with a corresponding appeal in the established format;
• a copy and original of the receipt confirming payment for services;
• cadastral plan of a specific site;
• resolution of the relevant government authority.

State duty

The preparation of any important document is a paid government service and is subject to a fee. Documents for registration of privatized land in Rosreestr are, without a doubt, important. The fee for them is fixed, its size depends on the nature of the procedure:

• Privatization of land for individual construction, personal subsidiary farming, gardening and vegetable gardening, garages is subject to a fee of 350 rubles from the owner
• Privatization of other plots - in the amount of 2,000 rubles per owner.

The fee must be paid before visiting Rosreestr or “My Documents” (MFC). Without a paid receipt, the application will still not be accepted.