The legislation of the Russian Federation allows the owner to enter into any (not prohibited) transactions with his land. However, when the owner changes, it is not enough to just agree on the terms of alienation of the plot. It is necessary to properly transfer the land plot to another person. To transfer real estate to a new owner, one type of civil contract is initially drawn up (written form is required), and after the transaction is concluded, ownership of the property must be re-registered with Rosreestr.
Legal regulation
The procedure for transferring land rights is regulated by several legal acts. In order to properly prepare documents, you need to study the rules:
- Land Code of the Russian Federation;
- Civil Code of the Russian Federation;
- Federal Law No. 218-FZ dated July 13, 2015.
In the regions, local regulations are adopted that regulate land relations at the level of the constituent entity of the Russian Federation. They establish, among other things, the procedure in which land owned by the state and the municipality is transferred into ownership, lease and free use of plots.
Link to document:
Link to document: “On state registration of real estate”
Forms of land ownership
Land ownership is realized through:
- use when the owner has a confirmed right, which makes it possible to carry out work on the site to process and obtain ownership of the results of labor;
- orders when the owner receives property rights to his plot, and with it the opportunity to exploit the land at his own discretion: sell it, donate it, use it as collateral, change it. To obtain such an advantage, the land user needs to re-register ownership of the land plot.
Currently, our compatriots are increasingly interested in the opportunity to dispose of land. Moreover, such property transactions are so diverse that the owner can re-register his own documents for the acquisition of property rights, but also has the right to alienate rights in favor of third parties.
We will talk about the procedure for re-registration of land plots and how to do it correctly. But first, about the legal basis.
Grounds for re-registration of a land plot
The owner of real estate has the right to dispose of his property himself. Therefore, the transfer of property can occur on the following grounds:
- conclusion of a civil contract;
- as part of inheritance;
- as a result of privatization;
- by acquisitive prescription.
The most common option is to carry out civil transactions.
If there are buildings and structures on the site, the right to them must be re-registered along with the land.
Conclusion of an agreement
Any type of real estate transaction must be reflected in a written agreement, which can be concluded either on a paid or gratuitous basis.
Compensatory contracts include:
- buying and selling;
- rent;
- menu
When transferring rights to real estate free of charge, the best option is a gift agreement. If the property is re-registered for a certain period, then a free use agreement is concluded.
Contractual relations relating to land are regulated by chapters 30-32, 34, 36 of the Civil Code of the Russian Federation.
Inheritance
If the owner of the plot dies, then his property is inherited by his legal successors. The estate will include real estate that belonged to the testator under the right of ownership or lifelong inheritable ownership.
You should know! The assignee receives the right to the soil, artificial reservoirs and vegetation located on the site.
Inheritance is carried out according to a will. If it is absent, the inheritance is transferred to the legal successor according to the law, taking into account the norms of Section 5 of the Civil Code of the Russian Federation.
Privatization
By decision of the authorized bodies, state and municipal real estate can be transferred into the ownership of citizens free of charge as part of privatization.
Its rules are established by the provisions of Art. 39.1, 39.5, 39.10 of the Land Code of the Russian Federation, Federal Laws No. 178-FZ dated December 21, 2001, No. 119-FZ dated May 1, 2016.
Acquisitive prescription
A citizen has the right to acquire land by acquisitive prescription. If he has owned real estate in good faith, openly and continuously for 15 years and used it as personal property, he can register it as his own. The right of ownership on such grounds can be transferred to the copyright holder only by a court decision.
We must remember! Acquisitive prescription does not apply to state and municipal property.
Useful tips from a lawyer
At the end of our conversation, the expert shared with us a couple of useful tips that will help you properly re-register the site and avoid stupid mistakes. According to her, when re-registering land to a stranger, it is best to formalize the transfer by drawing up a purchase and sale agreement.
It is also very important to check and re-read all important papers and documents. This will avoid confusion and prevent unpleasant surprises in the future. In addition, the lawyer drew attention to the fact that the conclusion of a purchase and sale agreement does not in fact mean a complete transfer of property rights to the buyer. Therefore, after concluding a transaction with the new owner, it is necessary to register the changes with the MFC, otherwise in this case the risk of being left without land and without money increases.
The procedure for re-registration of a land plot
To re-register real estate, the future owner must prepare a package of documentation.
What documents should I prepare?
The list is established by law No. 218-FZ. It includes:
- One of the documents: acts of state and municipal bodies; contracts; certificate of privatization; certificate of inheritance; court decisions;
In addition to the title documents, the following documents are submitted:
- boundary and technical plans;
- site layout diagram;
- other documents.
You may need a report from an independent appraiser and an examination of the land plot.
If the old owner is married, he must obtain the consent of the spouse to complete the transaction to transfer the land. You will also need to provide certificates of registration or divorce.
In cases where the re-registration of property is entrusted to a representative, a notarized power of attorney is issued.
How to obtain title documents for land?
Before contacting Rosreestr, you need to obtain title documents for real estate.
If land is transferred as a result of a transaction, citizens can independently draw up an agreement. If difficulties arise, it is recommended to seek the help of a land law lawyer.
When transferring real estate to a relative, it is most convenient and safest to draw up a gift deed. It will allow you to avoid paying tax if the agreement is concluded between parties who belong to the first line of kinship. In addition, gifted property is not subject to division after divorce.
If you receive land by inheritance, you should contact a notary and enter into inheritance. Six months are given for this from the date of death of the testator. The right to property arises from the moment the certificate is issued.
The most difficult thing is to carry out the privatization procedure. First you need to submit documents to the territorial department of the Federal Property Management Agency or the municipality. The appeal is considered for a month. Then the land is registered in the cadastral register. The Commissioner makes a decision on privatization, on the basis of which the ownership right is subsequently registered.
If the new owner of the property decides to re-register the property by acquisitive prescription, he will need to go to court and demand recognition of ownership. After receiving the judicial act, you can apply for registration of real estate.
Where to apply for re-registration?
The re-registration of land is carried out by Rosreestr. The new owner must submit an application to enter information into the Unified State Register.
You can do this in the following ways:
- come to the registration office in person;
- instruct a representative;
- send documents by mail;
- fill out an electronic application form on the department’s Internet resource;
- contact the MFC.
After checking the documents, the application is registered by a specialist. If a citizen appears at Rosreestr or MFC in person, a receipt is issued.
The amount of the state duty and the procedure for its payment
To carry out re-registration actions, you need to pay a state fee. In accordance with paragraphs 24 – 25 of part 1 of article 333.33 of the Tax Code of the Russian Federation, the mandatory fee is 350 rubles.
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You can pay the state fee through:
- bank branch;
- Internet banking;
- State Services portal;
- terminal.
A receipt for payment of the fee is attached to the application.
Document review period
An application for re-registration of land is considered within 10 days.
The registration authority specialist enters information into the Unified State Register and issues an extract. Until July 2021, a certificate of ownership was issued. An extract from the register is currently being issued. It contains the following information:
- date of issue;
- cadastral number;
- information about the copyright holder;
- type of land right;
- presence of encumbrances;
- legal claims;
- information about legal disputes.
The document is stamped and signed by a Rosreestr employee. If the extract is sent electronically, it is certified by the registrar’s digital signature.
How it all happens
After the transaction has been completed, you can begin re-registration. Any purchase, gift or lease transaction requires a written agreement. If you plan to buy or rent a plot, you will also have to sign a preliminary agreement, after which you will pay part of the money. The main agreement requires registration with Rosreestr. By the way, this can be done by contacting the nearest MFC.
It is allowed to buy out land plots that were previously provided for indefinite use or lease, or if the category of land for them has changed. True, the acquisition of a plot will become possible if the owner has ownership rights to the buildings erected on it. So, for example, the ownership of the land under an apartment building will be issued by the Management Company.
But the plot can also be accepted as an inheritance and used as a way to collect the borrower’s debt. This requires a court order. The debtor himself can cede the land to pay off the debt. And then they draw up a compensation agreement.
There is even a certain algorithm that will allow you to quickly collect the necessary documents so that registration of a land plot as private property goes without problems:
- concluding a preliminary agreement and making an advance payment;
- preparation of a package of documents;
- conclusion of the main agreement;
- payment of the remaining money for the land;
- registration of the main agreement.
And you have a legal document in your hands.
What lands cannot be re-registered?
There are areas that are limited in circulation. They cannot be re-registered to another person.
Cannot be alienated:
- specially protected areas;
- forest fund lands;
- areas with federal and regional water bodies;
- Indigenous heritage and lands of cultural significance;
- objects used for the protection and security of the country's territory;
- territories of airports, train stations, terminals;
- areas used by communications organizations;
- lands with space infrastructure;
- territories where toxic substances and narcotic drugs are produced.
In exceptional cases, upon obtaining the consent of state authorities, alienation of these plots is allowed.
Re-registration requirements
To register new property rights, documents certifying the existence of these rights and cadastral documents are the most important documents when submitting the corresponding application. Without them, it is simply impossible to re-register property rights. All attachments to the application must be submitted in two copies, that is, the original and a previously made copy. After re-registration of rights, the originals will be returned to the owner.
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Depending on the place where the application is submitted, it can be filled out independently at the institution, or the responsible employee will do it himself, and after verification the applicant will simply have to sign this document. The state fee for the provision of services for re-registration of rights must be paid in advance, attaching a receipt to the package of documents, a copy of which must also be made.
After submitting the application, you should ensure that the responsible employee immediately registers it and issues a receipt for receipt of documents, with their full list, date and his name. Also, a date must be immediately set when it will be possible to show up for the completed certificate of ownership, taking also all the submitted original documents.
Let's sum it up
Re-registration of a land plot is carried out in the name of citizens who have received title documents for it. The easiest way to transfer real estate is by agreement or will. In case of privatization, you will need to go through a special procedure that involves contacting the authorized bodies. When registering property by acquisitive prescription, you need to go to court. If everything is in order with the documents, Rosreestr re-registers the property within 10 days. The procedure ends with the issuance of an extract from the Unified State Register.
Read: Early termination of a land lease agreement
What are the consequences if ownership is not re-registered?
If the procedure for re-registration of ownership of the plot has not been carried out, then the immovable object has no legal force. It cannot be sold or given away.
- An individual, even as an insolvent owner, will retain the right to exploit the land. But if his alienation happens, regardless of the reason, he will not receive compensation, and he has no right to count on it.
- A legal entity will be penalized for the illegal use of a land plot, since there is a strict requirement for it - if a lease agreement is not signed with a local or regional government body, and the ownership is not properly re-registered, the use of the plot is illegal.
When a plot changes owner, re-registration of ownership becomes an inevitable procedure. It is possible to re-register the right to yourself or to another person, even a minor. This procedure cannot be avoided when a piece of land is inherited.
Notarization
The law establishes the need for notarization of a contract in the following cases:
- if the plot is in common shared ownership (with the exception of shared ownership of SNT);
- if one of the owners of the plot is a minor;
- if certification by a notary is a condition of the contract.
In other cases, the parties are not required to certify the contract at a notary office. In addition, such a service significantly increases the cost of the transaction.
Required documents
To re-register a site, you will need to collect a package of documentation:
• identification of both parties to the transaction;
• if the interests of one of the parties are represented by an intermediary, a notarized power of attorney is required;
• documentation confirming the fact of the transaction;
• cadastral passport of the site and a duplicate of the cadastral plan;
• receipt of payment of state duty;
• documentation on acceptance and transfer, signed by the parties to the transaction (not required when inheriting land).
The size of the state duty is the same for all regions and is two thousand rubles. In special cases, the list of documents may be supplemented.
What is the price?
Many people are afraid of the re-registration procedure. It seems complicated and expensive. It’s easier to rent, paying the owner the rent monthly. However, how much do you actually need to pay for all the re-registration procedures?
- state duty - the established amount is 200 rubles;
- if the future owner wants to hire a specialist in his place to collect and provide the necessary documents, then a separate power of attorney is issued, the price of which will be 10,000-15,000 rubles (and this includes all the necessary procedures).
However, it is cheaper to use the general option, that is, to act independently.
Important: before re-registration, they find out whether the site has any encumbrances. Maybe it serves as a collateral or whether the seller is in debt to the Tax Committee. It’s not difficult to find out; just contact the unified register of rights.
