Cases of sale of land plots at auctions and without them
Article 39.3 of the Land Code of the Russian Federation provides for the possibility of acquiring municipal or state land in two ways:
- by participating in an auction;
- no bidding.
Clause 2 of this article lists situations when tendering is not required.
Participation in the auction requires compliance with certain rules:
- Bidders may be citizens of the Russian Federation who have provided the necessary documents to complete the transaction;
- All persons who managed to submit applications can participate in them;
- Each participant must confirm his solvency by making a deposit.
Persons who submitted applications after the deadline for accepting documents, who provided an incomplete package of documents, or who do not have the right to participate in bidding in certain territories will not be admitted.
The rules for conducting auctions are defined in Art. 39.11-39.13 Land Code of the Russian Federation.
The auction is preceded by the following stages:
- approval of the scheme;
- carrying out cadastral works;
- registering a plot of land for cadastral registration (read here why this procedure may be suspended or completely refused);
- connecting the allotment to utility networks;
- making a decision to hold tenders;
- publication of information about the date, place and time of the auction.
After this, bidding is carried out, a winner is selected and a contract for the sale and purchase of the land plot is concluded with him. The last stage is the publication of trading results.
If a single buyer took part in the auction and expressed a desire to purchase the lot, an agreement is concluded with him on the terms specified in the application for the auction.
How to purchase from the state without bidding?
The Land Code of the Russian Federation allows for the acquisition of a land plot without an auction. The registration procedure is specified in Article 39.17:
- You must first submit an application in the prescribed form;
- attach documents for the right to purchase a plot without bidding;
- when applying through a representative - a power of attorney to carry out actions by this person;
- when purchasing a plot from a vegetable gardening or horticultural partnership - a register of its members.
Within 30 days, the administration studies the application and checks the attached documents, after which it makes a decision to purchase the plot without holding an auction.
The grounds for sale without tender are also listed in the Land Code:
- the plot is allocated for individual housing construction, running private household plots in accordance with Federal Law No. 161-FZ of July 24, 2008 (Article 39.3 of the Land Code of the Russian Federation, clause 2);
- at the end of the five-year period of free rent (Article 39.5);
- large families (Article 39.5);
- on the basis of an order or decree of the President of the Russian Federation, order of the Government of the Russian Federation (Article 39.6, clause 2);
- for individual housing construction or maintaining private household plots for a period of less than 6 years (Article 39.10, paragraph 2);
- if a service building provided to a citizen is located on this site (Article 39.10, paragraph 2).
These articles list all the conditions under which a plot of land can be sold without bidding.
Grounds for refusal
Article 39.16 of the Land Code of the Russian Federation indicates in which cases the acquisition of a plot may be refused:
- if the plot has already been leased (for a certain period or indefinitely) to third parties;
- there are buildings on the site that belong to other persons;
- there is an unfinished construction project;
- the plot is in reserve, has limited circulation, or is completely withdrawn from circulation;
- the actual characteristics of the site do not correspond to those stated in the documents;
- the site is located on the border of the building;
- the plot had already been put up for auction earlier;
- the type of permitted land use has not been determined;
- the category of the site has not been determined.
Refusal may also occur after the buyer has declared his intention to use the land for other purposes than its intended purpose.
A plot of land can be purchased from the local administration. Typically this happens through an auction. However, the Land Code provides for the opportunity to purchase land without bidding and at cadastral value. The process of preparing documents and conducting an auction is regulated by the Land Code and other regulations.
The procedure for providing land plots
Application forms, lists of documents for the provision of a land plot (date of posting - 08/26/2020)
Samples of completed applications (posting date: 08/26/2020)
In accordance with the current land legislation, the department performs the following functions:
- provision of ownership (free or for a fee), lease, permanent (perpetual) use, gratuitous use of land plots in municipal ownership, without bidding in accordance with clause 2 of article 39.3 of the Land Code of the Russian Federation, clause 2 of art. 39.6, Art. 39.5, Art. 39.9, Art. 39.10 of the Land Code of the Russian Federation, Decree of the Perm city administration dated 09/04/2015 No. 624 “On approval of the administrative regulations for the provision by the Department of Land Relations of the Perm city administration of municipal
The procedure for acquiring a land plot without bidding into ownership free of charge or for a fee, for rent, for permanent perpetual use, acquisition of a land plot for ownership or lease by the owner of a building, structure located on a land plot, with the exception of the acquisition of a land plot for individual housing construction, gardening
The procedure for acquiring a land plot on which an unfinished construction project is located to complete its construction one time without bidding (lease for 3 years)
- provision of free ownership and lease of municipally owned land plots to members of a horticultural, gardening or dacha non-profit association and their horticultural, gardening or dacha non-profit associations in accordance with clause 3 of Art. 39.5 of the Land Code of the Russian Federation, clause 2, clause 7 of Article 39.6 of the Land Code of the Russian Federation, Resolution of the Perm city administration dated November 5, 2015 No. 912 “On approval of the administrative regulations for the provision by the department of land relations of the Perm city administration of municipal
The procedure for acquiring a plot of land without bidding for ownership for a fee, for rent for individual housing construction, gardening
The procedure for acquiring a plot of land without bidding for ownership for a fee or for rent for gardening by members of a non-profit organization created by citizens for gardening, vegetable gardening, and summer cottage farming
The procedure for acquiring ownership of a land plot by members of a horticultural, gardening or dacha non-profit association free of charge in accordance with the Federal Law “On the entry into force of the Land Code of the Russian Federation of October 25, 2001 No. 137-FZ”
— preliminary approval of the provision of a land plot located in municipal ownership in accordance with Art. 39.15 of the Land Code of the Russian Federation, Resolution of the Perm city administration dated 09/04/2015 No. 625 “On approval of the administrative regulations for the provision by the department of land relations of the Perm city administration to municipal
- redistribution of land plots in municipal ownership and land plots in private ownership (Chapter V.4 of the Land Code of the Russian Federation) Resolution of the Perm city administration dated 10/12/2015 No. 744 “On approval of the administrative regulations for the provision of land relations by the city administration Perm municipal
The procedure for the redistribution of land intended for gardening, individual housing construction, privately owned, and lands and (or) land plots in state or municipal ownership
— issuing a decision on the placement of objects on lands or land plots that are municipally owned in the territory of the city of Perm, without the provision of land plots and the establishment of easements, in accordance with paragraph 3 of Article 39.36 of the Land Code of the Russian Federation.
The procedure and conditions for placing objects on lands or land plots in municipal ownership are established by the Administrative Regulations for the provision by the Department of Land Relations of the Perm Municipal Administration, approved by Resolution of the Perm City Administration dated July 10, 2017 No. 517. “Issuing a decision on the placement of objects on lands or land plots in municipal ownership on the territory of the city of Perm, without the provision of land plots and the establishment of easements"
— issuance of permission to use land or a land plot located in municipal ownership, in accordance with Article 39.34 of the Land Code of the Russian Federation.
Changing the type of permitted use of a land plot leased to individuals or legal entities
— the issuance of a permit to use land or a land plot , state ownership of which is not demarcated, is carried out in the manner established by the Administrative Regulations for the provision by the Department of Land Relations of the Municipal Administration of the City of Perm, approved by Resolution of the Administration of the City of Perm dated October 30, 2017 No. 968.
Issuance of permission to use land or a land plot that is municipally owned on the territory of the city of Perm, without the provision of land plots and the establishment of an easement
— coordination of the location of the boundaries of land plots in accordance with Article 39 of the Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre”, clause 3.5 of the decision of the Perm City Duma of February 24, 2015 No. 39 “On approval of the Regulations on the Department of Land Relations administration of the city of Perm"
Coordination of the location of the boundaries of land plots adjacent to land plots in municipal ownership on an individual basis
— approval of the layout of a land plot or land plots on the cadastral plan of the territory
Approval of the layout of a land plot or land plots on the cadastral plan of the territory
— conclusion of an agreement on the establishment of an easement in relation to a land plot located in municipal ownership in accordance with Chapter V.3 of the Land Code of the Russian Federation
— issuance of copies of archival documents confirming the right to own land Resolution of the Perm city administration dated February 17, 2012 No. 63 “On approval of the administrative regulations for the provision by the department of land relations of the Perm city administration of the municipal
Issuance of copies of archival documents confirming the right to land ownership
Provision of land plots for residential buildings
The provision of land plots is of an application nature. It should be taken into account that there are restrictions on the provision of ownership of land plots, the presence of which should result in a refusal to provide land plots.
The list of documents confirming the applicant’s right to purchase a land plot without holding a tender was approved by Order of the Ministry of Economic Development of the Russian Federation dated January 12, 2015 No. 1 “On approval of the list of documents confirming the applicant’s right to purchase a land plot without holding a tender”
Provision of land plots in the city of Perm
According to clause 1 of article 39.3 and clause 1 of article 39.6 of the Land Code of the Russian Federation, the sale of land plots in state and municipal ownership, the conclusion of lease agreements for such land plots is carried out at auction, except for the cases provided for in clause 2 of article 39.3 and clause 2 of Article 39.6 of the Land Code of the Russian Federation.
The organizer of auctions for the sale of land plots in state and municipal ownership, and auctions for the right to conclude lease agreements for such land plots is the Department of Property Relations of the Perm City Administration (Sibirskaya St., 14).
Information about land plots planned for sale at auction is posted on the website of the Perm city administration in the “Trading platform” section and in the Official Bulletin of local government bodies of the municipal formation of the city of Perm.
Thus, you can exercise the right to acquire land plots by submitting an application to the Department of Property Relations (Sibirskaya St., 14) to participate in an auction for the sale of land plots or the right to conclude a land lease agreement.
Decisions on the formation of land plots provided at auctions (competitions, auctions) in accordance with the powers are made by the Department of Urban Planning and Architecture of the Perm City Administration (Sibirskaya St., 15).
Re-registration of the right of permanent (perpetual) use
Land plots previously provided to legal entities with the right of permanent (indefinite) use are subject to re-registration in accordance with the Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation”, which provides for the obligation of legal entities, with the exception of state and municipal institutions, state-owned enterprises, state authorities and local governments, re-register the right of permanent (perpetual) use of land plots for the right to lease or acquire land plots as a property at their own request until 07/01/2012 in accordance with the rules of Article 39.20 established by Chapter V.1 Land Code of the Russian Federation.
The consequences of violating the terms and procedure for re-registering the right of permanent (perpetual) use are established by the Code of the Russian Federation on Administrative Offenses, which provides for the imposition of an administrative fine on legal entities in the amount of twenty to one hundred thousand rubles.
To re-register the right of permanent (perpetual) use, legal entities must contact the Department of Land Relations (Sibirskaya St., 15, document reception office, ground floor) with the appropriate application and documents necessary to make a decision on re-registration of this right.
Assigning an address to a land plot if the land plot is to be formed in accordance with the layout of the land plot on the cadastral plan of the territory.
The procedure for assigning, changing and canceling addresses, including requirements for the address structure, is established in accordance with the Rules for assigning, changing and canceling addresses, approved by Decree of the Government of the Russian Federation of November 19, 2014 N 1221.
If the Department of Land Relations of the Perm City Administration makes a decision on preliminary approval of the provision of a land plot or approval of the layout of the land plot on the cadastral plan of the territory, the Department of Land Relations of the Perm City Administration no later than 1 business day from the date of issuance of the order of the head of the Department of Land Relations of the Perm City Administration (hereinafter referred to as – order of the head of the subsidiaries and affiliates) sends a copy of the order of the head of the subsidiaries and affiliates to the Department of Urban Planning and Architecture of the Perm City Administration (hereinafter referred to as the DGA) for assigning an address.
An act on assigning an address to a land plot to be formed in accordance with the layout of the land plot on the cadastral plan of the territory (hereinafter referred to as the Act) is approved by the DCA within no more than 18 working days from the date of receipt of the order of the head of the subsidiary and dependent company.
The DSA enters information about the assignment of an address into the state address register within 3 working days from the date of approval of the act.
