Transactions for the purchase and sale of land plots for individual housing construction are a complex legal procedure, especially when it comes to the secondary real estate market. The safest solution to this issue is to purchase land for individual housing construction from the administration. The main advantages of this type of transaction are a complete guarantee of legal security and in the future the absence of any claims from the seller. Current Russian legislation provides for several types of categories of land intended for individual housing construction, in particular:
- land for individual housing construction;
- land for personal farming;
- land for dacha farming.
Let us remind you that on lands for individual housing construction, the construction of residential real estate is allowed subject to the following conditions: a residential building is intended for one family and its height should not exceed 3 floors (Article 48 of the Town Planning Code of the Russian Federation). There are two main ways to buy a plot of land for building a house:
- on the secondary market, a land purchase and sale agreement is concluded with the owner;
- buy from the state (advantages: no debt obligations, reduced transaction processing time, complete legal security).
You can buy land from the administration for individual housing construction without prior approval of the locations of construction projects or with approval thereof, in rural settlements or in the city. A plot of land for building a house is purchased in a rural settlement from the local administration through an application, the preparation of which must indicate the size of the plot and the terms of purchase. In this case, all issues related to the purchase of land are resolved with the administration of the rural settlement. The city administration also sells land for building a house, but it is worth considering that the number of applications submitted to purchase land from the administration is very large, and in the absence of any preferential quotas, the time frame for consideration of the application may stretch for several years in advance. A plot of land bordering the city territory can also be purchased from the administration for construction, with a preliminary assessment of the criteria specified in the application with the parameters of the territory.
How to buy land from the administration: procedure
Purchasing land for individual housing construction from the administration first of all involves submitting an application to the local administration for the purchase of a land plot. The application indicates possible methods of acquiring land, purpose of purchase, preferred size, location, legal status. The decision is made in the form of an appropriate resolution. Refusal to purchase a land plot must be justified, indicating the reasons, which can subsequently be appealed in court. Most often, the basis for a refusal decision is the lack of available land plots. Also, the applicant’s place of residence may influence the decision. For example, local residents will be able to take advantage of the priority list for free land plots; in addition, the law provides for appropriate benefits for certain categories of applicants: disabled people and WWII participants, needy and low-income individuals, large families and other categories of people. The list of preferential categories, as well as the cost of the land plot, is approved by the authorities of each individual region. If the decision to sell the land is positive, the applicant receives a package of documents that must be approved by the relevant government services. Each authority must issue a document with a conclusion and signature. It will be possible to fully own a land plot only after a positive decision has been made by the authorities of the Federal Cadastral Service, whose specialists will take the necessary measurements, determine the boundaries of the plots and issue a supporting document to the applicant.
Municipal land. Purchase of land from the administration.
More and more residents of megacities are thinking about a place where they could relax from the hustle and bustle, noise, and constant racing. The only option is a country house. For the most part, few people imagine how to acquire land ownership, because this is the first thing that needs to be done before buying land and starting to build a house. To save you from hassle and unnecessary running around offices, we will give a brief guide to action. First, you need to decide whether you are choosing a primary or secondary market? If it is primary, then the municipal administration will provide you with land. If it is secondary, then ownership will pass to you from the previous owner. In the case of the secondary market, it is very important to be sure of the “purity” of the transaction. Check all title documents, the legal basis for the transfer of ownership, and the correctness of all papers. There are a huge number of nuances that are impossible to describe everything, and each case is individual, so just don’t take unnecessary risks and seek help from a lawyer. If you have chosen the primary market, then first submit an application to the local administration for the provision of a land plot. The application must indicate: - the purpose of use of the land (individual housing construction, personal farming, vegetable gardening, gardening, etc.), - the legal status of the site (ownership, lifelong inheritable possession, rent, etc.), - estimated dimensions , — location. Within a certain period of time, the local administration commission will consider your application. Next, the head of the local administration issues a resolution. If the result is negative, then a resolution or extract justifying the reasons for the refusal must be handed over to the citizen. You have the right to appeal this decision in court. In fact, there may be many reasons for refusal: lack of free land, impossibility of allocating land in the territory you indicated, the activity you indicated may be prohibited in this area, etc. Sometimes the administration’s methods of allocating land differ depending on whether you are whether you are a resident of this area or not. Often for permanent residents there is a waiting list and provision of free land, taking into account benefits. The following beneficiaries may apply for priority receipt of land: - citizens living in dilapidated and dilapidated houses that are subject to demolition; — citizens exposed to radiation as a result of the Chernobyl accident. - disabled people and WWII participants, - internationalist soldiers, - large families, etc. Each subject itself determines these categories of beneficiaries. If you are not a resident of this area, then you will most likely have to buy land. The cost will depend on many factors. The main one is the status of the land. Land prices are set by the subjects themselves. All materials of your land file will need to be coordinated with the authorities of architecture and urban planning, sanitary and fire supervision, nature protection and historical and cultural monuments. Each of these services will be required to issue you a conclusion with the seal and signature of the head. You can register a plot of land at a branch of the regional registration chamber. At the end of the entire procedure, you will receive a certificate of land ownership. You can begin to use the land plot only after the boundaries of the plot have been determined in situ and documents have been issued. The measurements must be made by land surveyors from the Federal Cadastral Service. The site can be developed only in accordance with the project, which must be developed and approved in the prescribed manner. These are all the actions that will have to be taken to become the happy owner of your own plot of land. Well, in the near future, your own home.Reproduction of materials is permitted only with a link to
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What documents are needed to buy land from the administration for individual housing construction?
In accordance with the current legislation of the Russian Federation, regulating the procedure for registering ownership of real estate, those wishing to purchase land from the administration for individual housing construction must provide the following documents:
- Original and photocopy of the applicant's passport.
- A document confirming the ownership of land (purchase and sale agreement, exchange, etc.).
- Cadastral passport.
- Consent of the second spouse to the transaction (in the case of an existing family marriage).
- Original receipt for payment of the registration fee.
The cost of the service consists of state fees and notary services, the cost of which is set independently. The amount of state duty is regulated by Art. 333.24 of the Tax Code of the Russian Federation. The final stage of action is the registration of land ownership with the relevant government agencies.
How to get a plot of land to build a house
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The specifics of providing land plots in state or municipal ownership to citizens for individual housing construction are determined by Article 39.18 of the Land Code of the Russian Federation.
The administrative regulations for the provision of municipal services, approved by Resolution of the Penza city administration dated June 28, 2019 No. 1166/1, establishes the procedure and standard for the provision of municipal services, determines the timing and sequence of administrative procedures (actions) of the Penza city administration in the provision of municipal services.
Algorithm of actions:
1. The applicant prepares a layout diagram of the land plot on the cadastral plan of the territory. The form of the layout of the land plot on the cadastral plan of the territory was approved by order of the Ministry of Economic Development of the Russian Federation dated November 27, 2014 No. 762.
2. Applies to the Penza city administration with an application for preliminary approval of the provision of a land plot. The application is accompanied by a diagram of the location of the land plot on the cadastral plan of the territory.
3. The administration of the city of Penza, upon receipt of an application within a period not exceeding 30 days, performs one of the following actions:
3.1. ensures the publication of a notice of the provision of a land plot for these purposes;
3.2. makes a decision to refuse preliminary approval for the provision of a land plot or to refuse to provide a land plot in accordance with paragraph 8 of Article 39.15 or Article 39.16 of the Land Code of the Russian Federation.
4. Citizens who are interested in acquiring rights to the requested land plot may submit statements of intent to participate in the auction.
5.1. If, after 30 days from the date of publication of the notice, applications from other citizens about their intention to participate in the auction have not been received, the administration of the city of Penza makes a decision on preliminary approval of the provision of a land plot and sends this decision to the applicant.
5.2. If, within 30 days from the date of publication of the notice, applications from other citizens about their intention to participate in the auction, the administration of the city of Penza, within a week from the date of receipt of these applications, makes a decision to refuse preliminary approval for the provision of a land plot to the person who applied for preliminary approval for the provision of land. plot. In this case, the authorized body ensures the formation of the requested land plot and decides to hold an auction for the sale of the land plot or an auction for the right to conclude a lease agreement for the land plot for the purposes specified in the application for preliminary approval of the provision of the land plot.
Additionally, we inform you that the interested person can submit a corresponding application to the “One Window” reception of the Penza city administration, located at the address: Penza, pl. Marshala Zhukova, 4 (office hours: Monday, Tuesday, Thursday, Friday: from 9:00 to 17:00, break from 13.00 to 14.00), as well as to the multifunctional center for the provision of state and municipal services, located at the address: Penza , st. Shmidta, 4, Pobeda Ave., 150, st. Bogdanova, 63A and st. Factory, 2.
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How to purchase land for construction
The procedure for receiving and considering applications
All appeals are received by the department for working with citizens' appeals of the organizational and control committee
administration of the city of Barnaul and are considered in accordance with the Federal Law of May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” by the law of the Altai Territory of December 29, 2006 No. 152-ZS “On the consideration of appeals from citizens of the Russian Federation on the territory of the Altai Territory ", Resolution of the Barnaul city administration dated August 21, 2013 No. 2875 "On approval of the Procedure for conducting paperwork on appeals from citizens, associations of citizens, including legal entities, organizing their consideration in the city administration, city administration bodies, other local government bodies, municipal institutions, enterprises."
Acceptance of written requests from citizens, associations of citizens, including legal entities, is accepted at the address: 656043, Barnaul, Gogol St., 48, room 114
.
Document reception schedule: Monday – Thursday from 08.00 to 17.00
,
Friday from 08.00 to 16.00
, break from 11.30 to 12.18.
When accepting documents
, the points provided for in Article 7 of Federal Law No. 59-FZ dated 02.05.2006 “On the procedure for considering appeals from citizens of the Russian Federation” checked
1. A citizen in his written appeal must indicate either the name of the state body or local government body to which he is sending a written appeal, or the surname, first name, patronymic of the relevant official, or the position of the relevant person, as well as his surname, first name, patronymic ( the latter - if available), the postal address to which the response should be sent, a notice of forwarding of the appeal, sets out the essence of the proposal, statement or complaint, puts a personal signature and date.
2. If necessary, in support of his arguments, the citizen attaches documents and materials or copies thereof to the written appeal.
3. An appeal received by a state body, local government body or official in the form of an electronic document is subject to consideration in the manner established by this Federal Law.
In the application, the citizen must indicate his last name, first name, patronymic (the latter if available), and email address. A citizen has the right to attach the necessary documents to such an application.
In accordance with Article 12 of the Federal Law of May 2, 2006 No. 59-FZ, a written appeal received by a state body, local government body or official is considered within 30 days
from the date of its
registration
.
The response to an electronic appeal is sent in the form of an electronic document to the email address specified in the appeal, or in writing to the postal address specified in the appeal.
The results of work with citizens’ appeals in the Barnaul city administration are posted on the website of the organizational and control committee.
