Registration of ownership of a land plot in 2021

After registering ownership of a plot of land, a citizen has the right to dispose of it: leasing, selling, etc.
The procedure for registering a plot of land as a property is regulated by current legislation.

What methods exist for registering ownership of a plot of land? What is the procedure for registering the plot and house, if any?

Possible difficulties and ways to solve them. We will consider all this in detail in the article.

How to register land: legislative framework

Russian land legislation has come a rather difficult path since the recognition of the existence of private property. When deciding how to properly register land plots as property, one must be guided by the norms of the relevant code. Federal Law No. 136, Land Code, was adopted in 2001.

Chapter III deals with land ownership. In particular, Article 15 deals with private land property of legal entities and individuals and the grounds for its acquisition. In Art. 27 indicates which land plots:

• cannot be transferred to private ownership;
• are allowed into circulation on a limited basis.

Since 1998, the problem of state registration of real estate and maintaining the federal database has been assigned to Rosreestr. Its activities are regulated by relevant law.

Upon acquisition of a plot, the problem of how to register a land plot by right of ownership is solved by adhering to the standards established by Federal Law No. 218, in force since 2021. It provides reasons:

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• register the land (in Article 14);
• return the application and documents (Article 25), suspend registration (Article 26) and refuse it (Article 27).

What requirements must the application and documents submitted for cadastral registration and state registration of a land plot meet are indicated in Art. 21.

Features of the privatization of municipal lands

Since the transfer of land ownership entails an increase in tax revenues to the budget, local authorities have simplified the procedure for transferring land into the ownership of citizens as much as possible.

These relaxations are manifested in the following:

• Reducing the amount of state duty charged for registration of rights (based on Part 2 of Article 6 of Federal Law No. 93, the duty was reduced to one hundred rubles);
• If the owner does not have cadastral documents for the land property, it is enough to provide a site plan defining its boundaries, certified by the SNT board;
• To privatize a plot of land in SNT, it is enough to have a garden book in your hands;
• Possibility of purchasing municipal lands for fifteen percent of the cadastral value of the property. The last point is relevant for the following types of land: horticultural and vegetable gardens, lands intended for country houses and individual housing construction, for subsidiary and farm lands;
• Those wishing to purchase a land property on a paid basis are given the opportunity to purchase land for one percent (or less) of its cadastral value;
• For certain categories of citizens, preferential conditions for the acquisition of land plots are provided (without collecting the cost of the land). These categories include: Large families;
• Low-income families;
• WWII veterans;
• Disabled people.

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How to register ownership of land: grounds

Before figuring out where to start the procedure for registering a land plot as private ownership, you should figure out whether there are legal grounds for this.

Citizens can legally use the current procedure for registering a land plot as their own in certain cases. They put this on:

• bought by drawing up a purchase and sale agreement (SPA);
• accepted as a gift, which is confirmed by the gift agreement;
• inherited and have the appropriate certificate;
• use for life by signing an agreement with the owner (the site may be owned by the federal, federal subject or municipality);
• rented for a long period from the state or municipal authorities;
• privatized as being granted for lifelong ownership;
• exchanged, drawing up an exchange agreement.

Even without having legal documents, you can achieve state registration of land. It is enough to prove that you have actually been using the land as a bona fide and decent owner for 15 years. The legal basis is the norm set out in paragraph 1 of Art. 234 Civil Code of the Russian Federation.

If there are disagreements, go to court

If disagreements arise regarding the location of the boundaries of a land plot under an apartment building, we recommend that you submit a reasoned objection and proposals for resolving the dispute to the authorities.

Any owner of an apartment building, a group of initiative owners, a management organization or TSN can file an objection.

If agreement on the location of the boundaries of the land plot under an apartment building cannot be reached, the owners have the right to defend their interests in court.

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How to register a plot of land when purchasing

Over time, the main basis for registering land ownership in Russia is its purchase. In most cases, individuals and organizations acquired ownership of land in 2020 by concluding a contractual agreement.

In order to make the procedure for registering land ownership legally transparent and flawless, and to avoid subsequent claims from third parties, you can use the help of employees of a notary office. Submit the documents required for registration in three groups:

1. Identity documents (passports of citizens).
2. Legal documents (DCT, extract from the Unified State Register of Real Estate).
3. Technical (cadastral passport).

Registration of ownership of a plot upon its inheritance

According to the procedure for registering land as a property in the event of inheritance, it is necessary to meet the established deadlines. To begin with, the law sets aside six months for all persons whom the testator indicated in the will or who are laying claim to his property to officially declare that they (do not) intend to exercise their rights.

After submitting an application confirming your readiness to accept the inheritance, you will need to visit to obtain the necessary documents:

• regional cadastral chamber. Here you will need to obtain an extract from the land cadastre, a passport of the plot (it indicates the value of land ownership), a certificate of objects built on the territory of the plot, an extract to assume the rights of an heir, Unified State Register Form No. 3 in the name of the testator;
• Passport Office. From here you need to bring a certificate confirming the place of registration and a document that will show what kind of relationship the heir is with the deceased;
• notary office - to certify the will.

The list of documentation can be supplemented by:

• an extract from the tax service, which is necessary when the testator inherited property;
• a certificate from the Unified State Register of Legal Entities, also provided through tax authorities if the property belongs to a dacha cooperative.

After the six-month period, the notary will issue the heir with a corresponding certificate. Now you can register ownership in the regional cadastral service. An application to re-register ownership of a land plot received from the testator in one’s name is accompanied by the provision of:

• own passport;
• certificate issued by a notary;
• a certificate confirming that the previous owner of the plot has died;
• a receipt showing that the state duty (1,000 rubles) has been paid.

Based on the submitted application, the cadastral service will re-register land documents.

Features of obtaining documents for land when inheriting rights

When the certificate of inheritance is received, the land will need to be registered with Rosreestr. It happens that an unformed area is inherited.
If there are real estate objects on the territory, the owner of which was the testator, the heirs have the right to redeem it.

If the buildings are unauthorized, they must be legalized through the court, and then enter into inheritance law.

If the plot being inherited was rented by the deceased, the heir has the right to accept the plot for use - Article 617 of the Civil Code of the Russian Federation. Subsequently, the plot is allowed to be purchased.

Register land ownership by deed of gift

The beginning of registration of ownership of land that was received under a gift agreement is associated with the hassle of collecting the package of required documentation. In order for a notary to have the right to register the donated property to the new owner, the following must be present:

• cadastral passport;
• boundary plan;
• technical extract from the BTI;
• a certificate from the tax service confirming that there is no land tax debt;
• master plan of the allotment.

After checking the application, identification card and set of documents, the notary will issue a certificate that the donated property has arrived to the new owner.

Further hassle of registration falls on the notary. He will send a notarized certificate with the application and other documentation to Rosreestr so that they can certify the transfer of rights to the property to the new owner.

Required Documentation

To officially register any individual building erected on a plot of land on which the law provides for development, the owner must first collect the necessary documentation.

List of documents that are needed to register a private house or cottage after its construction:

• application in the prescribed form;
• citizen's passport;
• papers certifying an individual’s ownership of land that can be used for private housing construction;
• cadastral passport of the land plot;
• receipt of tax payment to the state.
• BTI certificate;

If the house was built before March 1, 2015, its owner provides only a cadastral passport for an individual construction property. Other documentation is optional.

If it is necessary to register a residential property built after March 1, 2015, an additional certificate of commissioning of the residential building is drawn up.

If several owners apply for an object, they must provide a full set of documents identifying the owners of real estate.

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Registration of ownership of a land plot under the law on dacha amnesty

A popular option for registering land ownership is to use the benefits provided by the so-called dacha amnesty. An allotment that was once provided free of charge in a dacha cooperative or gardening non-profit partnership has been allowed to be converted into private land ownership since 2007. Not only was the plot free, but it was also allowed to be privatized using benefits.

The benefits were supposed to last for several years, but they have already been extended several times. Not everyone who received such a right took advantage of it.

Simple step-by-step instructions can be used for registration. It involves sequentially going through several stages:

1. Find the title document. It will show that the land is being used legally.
2. Obtain a boundary plan and cadastral passport.
3. Pay the state fee (1,000 rubles) and keep the receipt.
4. Submit an application with the attached documents through the MFC or directly to the Rosreestr branch.
5. Receive an extract from the Unified State Register no more than two weeks later.

In some cases, it is not possible to take advantage of the “dacha amnesty”. This happens if you use the plot of land under a lease agreement concluded with:

• municipality;
• an individual;
• legal entity.

Registration of land ownership in 2021 under an indefinite lease agreement

The greatest difficulties arise in registering rights to a land plot that is leased indefinitely under an agreement signed with the owner - a municipality or a federal subject. In such circumstances, step-by-step instructions, following which the registration of land ownership is carried out, begin to be carried out by obtaining permission from the competent official.

Until this step is taken, further actions make no sense. After which the step-by-step algorithm is as follows:

1. We conclude an agreement with a licensed geodetic organization.
2. With her help, we are preparing a master plan for the allotment.
3. We submit an application addressed to the owner (municipality or regional administration). It is supplemented by a copy of the identity card and a master plan.

Conversion of an open-ended lease to full ownership does not require payment.

Advantages of purchasing a plot for individual construction.

1. In a built house on a purchased plot, it is easier to register a permanent place of residence.
2. It is easier to get a tax deduction for building a house than in other cases.
3. If your house is located on a plot that you purchased for private housing, then the state provides social support in the field of educational institutions, such as schools, kindergartens, medical institutions, etc. In other cases, you will have to raise the money yourself.
4. Land areas used for individual construction can be mortgaged when purchasing a new home. Banks willingly give permission for such manipulations.

Land registration

Error-free compliance with the procedure for registering ownership of a land plot is achieved if you use the services of an experienced notary. He will tell you what documents you need to acquire and will arrange everything as it should be, including state registration. Moreover, he will apply for it, in case of acquiring land under the DCT, during the working day. So you won’t have to wait long to officially receive landowner status.

However, the services of a notary office are not free of charge.

Carrying out state registration is a rational step that eliminates future claims from potential copyright holders.

Where to register ownership of a land plot

Traditionally, in order to register land and become its full owner, it is recommended to contact:

• branch of Rosreestr;
• MFC.

Advanced users apply online. They do this:

• in your personal account on the government services website;
• on the Rosreestrovsk website.

In any case, online registration involves the provision of original documents at the offices. But it saves some time.

Application for registration

Without submitting an application, no one will engage in the procedure for registering ownership of a land plot. For him, by order of the Ministry of Economic Development No. 520 in 2015, a special multi-page form was developed. Perhaps the help of an employee of the organization when filling out a cumbersome application will not be superfluous.

On the Rosreestr website, to submit an application, you need to go to the section of government services provided by the department.

Scroll until you find what we need in the column on the right.

Now in the left column, click at the very bottom to open a choice of two options.

After clicking on the top one, we go up the page that opens.

Click on registration and, scrolling down the page, go to the request details at the bottom.

Finally, a form opens that you have to fill out in four steps.

It won't take much time to fill out the form. After which you will need to act in accordance with the incoming instructions.

Registration period

According to numerous testimonies of persons whose documents were issued through the MFC and in the branches of Rosreestr, the stated registration period is being observed. Direct registration takes up to seven working days, through the MFC – a couple of days longer. Considering the amount of information that has to be double-checked, such a pace can be considered acceptable.

Certificate of ownership

Until 2015, wherever you had to apply to register a plot of land as private ownership, to the MFC or to Rosreestr, a special certificate was issued. For several years now it has been recognized that there is no need for it, because:

• there are legal documents;
• You can request an extract from the Unified State Register.

The statement can be obtained in electronic format. If necessary, print. Or get it on paper for greater reliability, which will cost more.

Who to contact

To register an individual residential building, its owner needs to visit the MFC or a territorial division of Rosreestr. In this case, submission of an application in the established form is allowed personally by a citizen who is the owner of real estate, or by a third-party person, for whom a power of attorney is previously issued and certified by a notary.

A package of collected documentation for property registration can be sent through the Russian Post Office by registered mail, which must include an inventory of all provided papers and the declared value. You can also submit an application via the Internet on the official portal of Rosreestr, but this does not exempt the applicant from visiting the organization’s office.

Important! The applicant must personally submit the original documents to the office of the MFC (Rosreestr).

What to do if you are refused

Registration of ownership of land plots is not always completed successfully. The MFC or Rosreestr may refuse to accept an application or some documents or suspend state registration. Fortunately, the list of grounds for suspension is presented in paragraph 1 of Art. 26 Federal Law No. 218, occupies 60 subparagraphs.

For the most part, these shortcomings are corrected without much delay. If, even following the procedure prescribed by departmental instructions, it is not possible to undergo state registration, then one remains to exercise the right to judicial protection.

The claim is addressed to the district court. Recognition by the court of the right to a land plot becomes the basis for state registration under clause 1 of Art. 58 Federal Law No. 218.

How to acquire ownership of a share of land if there are no documents?

The process of obtaining possession of a land plot in the absence of all documents should begin with the purchase of a property located on it. And only after this you can engage in registration activities.

You will need to bring the following documents to the district administration:

• document confirming the purchase of a share before March 6, 1990;
• a statement to determine the boundaries of the territory that is in your actual use;
• description of the boundaries of the site, indicating landmarks, created in free form.

After one month, you should be given a finished project indicating the boundaries of your site. You will then need to apply to the committee for permission to obtain the right to own this share of land.

In two weeks you will be able to take back the decision to grant possession of the plot. After which you need to create a cadastral plan and submit all papers to the Registration Chamber.

Useful video

The five-minute consultation presented by the cadastral engineer is mostly devoted to explaining why state registration of real estate is worth going through. After all, there is a clearly evident trend of tightening legislative norms. Geodetic organizations provide some assistance in formalizing the official ownership of real estate, ensuring the receipt of technical documentation.

A 6-minute video is devoted to how to register a plot of land through the offices of the MFC or Rosreestr. All aspects related to the procedure are considered consistently and with appropriate attention to detail.