How to obtain undelimited land plots in the Moscow region without bidding

All land in the Russian Federation that is state and municipal property is provided through auction, with the exception of certain cases. The conditions under which such land plots can be provided without an auction are regulated by the Land Code of the Russian Federation. Read about who has the right to provide land of undelimited state and municipal property for rent or ownership without holding a tender in the Moscow region and what must be attached to the application for this service in the material of the mosreg.ru portal.

Find out how to get land for free in the Moscow region>>

What is an undelimited land plot?

Aerial photography of lands

Source: , pixabay.com

All land in the Moscow region, as throughout the Russian Federation, is determined by the form of ownership as demarcated and undemarcated. Demarcated land is land that is owned: privately, federally, federally or municipally. Undemarcated land is land for which there are no title documents.

Land is considered undemarcated (state) until rights to it arise and are registered. The disposal of land plots of undelimited property is determined by land legislation.

The powers to dispose of state-owned undemarcated land have been transferred to the level of local governments, and, consequently, the provision of corresponding services to residents of the region. In the Moscow region, this activity is regulated by the laws “On the redistribution of powers between municipal bodies of the Moscow region and state authorities of the Moscow region” and “On the vesting of local government bodies of municipalities of the Moscow region with certain state powers of the Moscow region in the field of land relations.”

Find out how to draw up a town planning plan for a land plot in the Moscow region>>

Recipients of the service

Source: RIAMO, Alexander Manzyuk

The public service for the provision of lands of undelimited state and municipal property for rent and ownership without tendering is provided to individuals, legal entities, as well as individual entrepreneurs. However, according to Articles 39.3 and 39.6 of the Land Code of the Russian Federation, the right to receive land without bidding arises only if a certain number of conditions are met.

Thus, Article 39.3 of the Land Code establishes the conditions under which the sale of such lands can be carried out, as well as a list of persons who can act as buyers. In particular, the sale of:

land plots on which buildings and structures are located - to the owners of such buildings, structures or premises in them in cases provided for in Article 39.20 of the Land Code (that is, if there is a house on a plot of undemarcated state property, the rights to which are registered, the owner of the house can apply for land ownership);
land plots for citizens for individual housing construction, running personal subsidiary plots within the boundaries of a populated area, gardening, dacha farming, citizens or peasant (farm) farms for the peasant (farm) farm to carry out its activities in accordance with Article 39.18 of the Land Code;
land plots for a peasant (farm) enterprise or agricultural organization in cases established by the Federal Law “On the Turnover of Agricultural Land”.

Article 39.6 of the Land Code of the Russian Federation defines cases when undelimited lands are leased without bidding. In particular, the following are provided without bidding:

a land plot formed from a land plot provided to a non-profit organization created by citizens for gardening, horticulture, summer cottage farming, with the exception of land plots classified as public property - to members of this non-profit organization;

the land plot on which unfinished construction objects are located, once to complete their construction - to the owners of unfinished construction objects in the cases provided for in paragraph 5 of Article 39.6 of the Land Code;
land plots - to citizens who have the right to their priority or extraordinary acquisition in accordance with federal laws and the laws of the constituent entities of the Russian Federation;
a land plot in replacement of a land plot provided to a citizen or legal entity on a lease basis and seized for state or municipal needs;
land plot - to a person who, in accordance with the Land Code, has the right to acquire ownership of a land plot that is in state or municipal ownership, without holding a tender, including free of charge, if such a land plot is reserved for state or municipal needs or is limited in circulation ;
a plot of land - to a citizen for haymaking, grazing farm animals, and gardening;
a plot of land located outside the boundaries of a populated area - to a citizen for running a personal subsidiary plot;
a plot of land necessary to carry out the activities provided for in the concession agreement - to the person with whom such an agreement was concluded (for example, for investment projects).

Comprehensive lists of cases of sale of plots of undemarcated state property or their provision for lease are contained in the Land Code of the Russian Federation.

How to get land for a large family in the Moscow region>>

How to make an application

Laptop

Source: Ministry of Energy of the Moscow Region

The easiest way to apply for a service is through your personal account on the regional government services portal, where you need to fill out a ready-made form. The submission of this application is equally provided for both in the case of renting land plots and in the case of granting them ownership.

In this case, legal entities must provide the following information:

information about the USRN;
TIN;
name of company;
organization address;
organizational and legal form.

Individuals must provide the following information:

FULL NAME;
passport details;
SNILS;
Contact details.

Both individuals and legal entities must indicate in the application the cadastral number of the plot that is required to be provided for ownership or lease, the lease term, the address and area of the plot, and also indicate the purpose of the request.

If the land plot is not formed, that is, it does not have boundaries and a cadastral number, you must first apply for. As a result of this service, the boundaries of the site and the type of right to it are determined. This is important because in the event that the requested lands cannot be provided for ownership for one or another objective reason, the applicant will be offered an alternative - renting a plot.

Find out how to register real estate in the Moscow region>>

Where to apply

House layout

Source: Ministry of Property Relations of the Moscow Region

The most convenient and fastest way to submit an application is to apply through the RPGU, since it allows you to avoid going through the structures and makes it possible to track the entire process through your personal account.

For this purpose, you first need to register a personal account and obtain registration in the electronic system of unified identification and authentication.

You can submit an application by filling out the form in your personal account on the government services portal and attaching electronic samples of documents (without digital signature) to it. You will need to receive the result of the service at the MFC, where you will need to present the original documents for verification.

As a result of the provision of the service, the applicant will receive a land lease agreement or a land purchase and sale agreement.

Read about the Moscow Region MFC: types of services for citizens and entrepreneurs>>

Terms of service provision

Documents, signing

Source: RIAMO, Anastasia Osipova

The period for consideration of the application is from 8 to 50 working days, depending on the need to publish about the upcoming provision of a land plot and consider the issue at the Interdepartmental Commission on Land and Property Relations in the Moscow Region and the Urban Planning Council of the Moscow Region.

Information about the result of consideration of the application will be sent to the applicant’s personal account on the public services portal. The original purchase and sale agreement or lease agreement with the signature of an authorized official and the administration seal can be obtained from the MFC.

Information about the readiness of results is also provided via a single telephone number.

Andrey Averkiev: “Our job is to manage a large farm in the Moscow region” >>

1) for persons who are the owners of buildings, structures, premises in them (provided for in subparagraph 1 of paragraph 2 of the Administrative Regulations):

a) a document identifying the applicant(s), who is an individual, or the identity of a representative of an individual or legal entity;

b) a document certifying the rights (powers) of a representative of an individual or legal entity, if the application is submitted by a representative of the applicant (applicants);

c) a document certifying (establishing) the applicant’s rights to a building, structure or premises, if the right to such a building, structure or premises is not registered in the Unified State Register of Real Estate (hereinafter referred to as the EGRN);

d) documents certifying (establishing) the applicant’s rights to the requested land plot, if the right to such land plot is not registered in the Unified State Register of Real Estate (if there are corresponding rights to the land plot);

e) a message from the applicant (applicants), containing a list of all buildings and structures located on the requested land plot, indicating the cadastral (conditional, inventory) numbers and address landmarks of buildings, structures owned by the relevant right of the applicant;

f) 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);

g) an agreement of all rights holders of a building, structure or premises in them, or a court decision to determine the amount of obligation under a lease agreement for a land plot with a plurality of persons on the lessee’s side, if the buildings, structures, premises in them are located on the land plot in respect of which the application is filed on the acquisition of rights belong to several persons (in the case of determining the size of the obligation under a lease agreement for a land plot with a plurality of persons on the lessee’s side, it is carried out disproportionately to the shares in the right to the building, structure or premises in them by agreement of all right holders of the building, structure or premises in them or by court decision);

h) a court decision on demolition, bringing into compliance with the maximum parameters of permitted construction, reconstruction of capital construction projects, if this decision was made in relation to capital construction projects located on the requested land plot, owned by the relevant right of the applicant;

2) for persons who are owners of unfinished construction projects (provided for in subparagraph 2 of paragraph 2 of the Administrative Regulations):

a) a document identifying the applicant(s), who is an individual, or the identity of a representative of an individual or legal entity;

b) a document certifying the rights (powers) of a representative of an individual or legal entity, if the application is submitted by a representative of the applicant (applicants);

c) a document certifying (establishing) the applicant’s rights to an unfinished construction project, if the right to such an unfinished construction project is not registered in the Unified State Register of Real Estate;

d) a message from the applicant (applicants), containing a list of all buildings, structures, unfinished construction objects located on the requested land plot, indicating the cadastral (conditional, inventory) numbers and address landmarks of buildings, structures, unfinished construction objects owned by the appropriate right to the applicant ;

e) a court decision on demolition, bringing into compliance with the maximum parameters of permitted construction, reconstruction of capital construction projects, if this decision was made in relation to capital construction projects located on the requested land plot, owned by the relevant right of the applicant;

3) for legal entities using land plots on the right of permanent (perpetual) use (provided for in subparagraph 3 of paragraph 2 of the Administrative Regulations):

a) an identification document of a representative of a legal entity;

b) a document certifying the rights (powers) of a legal entity;

c) a document certifying (establishing) the applicant’s rights to the requested land plot, if the right to such land plot is not registered in the Unified State Register of Real Estate;

application for termination of the right to permanent (indefinite) use of a land plot in the form given in Appendix 4 to the Administrative Regulations.