What is land privatization and why is it needed? Features of the procedure

There is often a situation where the land under a private house is not registered as property by the owner of the property. In this case, it is difficult to call him a full-fledged owner of the property, since he uses a plot owned by local authorities.

To eliminate this situation, current legislation allows for the opportunity to privatize a land plot under a residential building free of charge. It was introduced quite a long time ago and is available to any Russian citizen. The grounds and procedure for free privatization, the documents required for this, as well as other issues related to the registration of land ownership, are discussed in detail in the article.

Definition of the concept: what is it and what does it give?

Privatization of a land plot is a legal process , the main purpose of which is to acquire state or municipal land into the ownership of citizens of the Russian Federation.
This procedure does not occur chaotically, but is regulated by the norms of legislation: federal and constituent entities. The main issues are covered in the Land Code of the Russian Federation. There is an established procedure that helps citizens become land owners.

What does an ordinary citizen in Russia need?

The existence of property rights guarantees that a citizen has the right to carry out all possible legal processes and operations with land . But this will become possible only after privatization.

After completing the procedure, a citizen has the right to give, inherit, alienate, change, and also carry out other transactions with real estate.

What to do if the house has several owners?

A few decades ago, it was customary to divide one residential building in the private sector into two families, so today collective registration of ownership rights to the same land plot is not uncommon.

Only if both neighboring families agree to privatize the land does the procedure become possible. If one owner of the house wants to re-register the land plot, and the second does not want to hear anything about it, privatization becomes possible only by court decision.

Example. Soloviev A.S. and Ivanov N.T. each lived in his own half of the same old private house. They moved into the house a long time ago and already registered it as their property, but the land under the building remained municipal. Soloviev decided that it was time to privatize the land, which he proposed to do to his neighbor, but Ivanov refused. The second man did not consider it necessary to spend his savings on meaningless expenses, from his point of view. The negotiations did not lead to anything, and Solovyov filed a lawsuit. In the statement, the plaintiff described the situation and asked to transfer ownership of the land plot to him without the consent of the defendant, since he (Soloviev) is the owner of part of the house and has not previously used his right to privatization. After considering the materials in the case, the court satisfied Solovyov’s request and allowed him to begin privatization on a general basis, which the man hastened to do.

What would have happened if Ivanov had agreed to a peaceful resolution of the conflict? The land would pass to both men by right of shared ownership. The size of each part as a percentage would be equal to the size of the occupied square meters of residential real estate, everything would be fair and the re-registration would not take so long.

Is it necessary to purchase municipal land?

Each citizen decides for himself whether he needs to acquire ownership of a plot of land or not. In many ways, this question is individual, as it depends directly on the characteristics of the site itself, the citizen’s plans, as well as some legal and legal aspects.

Until what year is it extended?

And yet, if a citizen’s plans include privatization of a land plot, this procedure should not be postponed “for later.” In accordance with the law, the so-called “dacha amnesty” has been extended until March 1, 2021. This means that certain categories of citizens can resort to the privatization procedure before the specified moment .

The categories of persons who can take advantage of such an extension include owners of non-residential and residential buildings that are located on SNT, as well as owners of objects that are located on a site intended for dacha farming and gardening.

These changes were introduced by Federal Law No. 20 of February 28, 2015.

Special attention should be paid to the timing of the privatization procedure . If previously the process lasted for several calendar months, now it can be completed in just two or three weeks. However, if cadastral work is required on the site, the deadlines will be increased.

Duration of privatization

Privatization of a land plot for a residential building is a multi-stage event. Each stage takes a certain time. For example, the maximum period for consideration of an application for privatization is 2 months. In practice, it can be increased to 3-4 months.

It takes at least 2-3 weeks to complete land surveying and cadastral work. It takes another half a month or even a month to prepare and conclude an agreement with municipal authorities. Certain time costs are required to prepare a set of documents submitted to Rosreestr. The registration period is 7 or 9 working days, depending on the method of submitting documentation. The first figure provides for contacting directly to Rosreestr, the second - to the MFC.

Forms and types

Like any other procedure, land privatization can occur on a paid or free basis. Let's find out when we have to pay?

Free

Initially, regulations and legal acts allowed privatization on a free basis only until the end of December 2013. However, after a lot of criticism, the State Duma reconsidered this issue and state free privatization was extended until March 1, 2015.

Then a decision was made to extend it until 2021, but today this process is indefinite.

When can a citizen count on free privatization? This question is answered by Article 39.5 of the Land Code. This norm lists the grounds that give a citizen the right to use the free procedure.

A citizen can get rid of the need to pay money if:

• he has three or more minor children;
• received a plot of land for free personal use from a subsidiary plot.

However, the laws of the constituent entities may provide for other additional grounds that give the right to free privatization.

Important! If a citizen received a plot of land for the construction of a summer house, garage, house, etc. before 2001, then he can count on a free procedure.

More information about what free privatization of a land plot is, who is entitled to it, and how it is formalized is described in a separate publication.

Paid

Paid privatization of a land plot is carried out in accordance with Federal Law 178-FZ . A citizen has the right to receive ownership of any part of the land or the entire plot if there are any buildings and real estate objects located on it, for example, dachas, houses, outbuildings, and so on. The main thing is that these objects are registered with government agencies.

The land received after 2001 is privatized on a paid basis. The amount is small, but should be transferred as a purchase of the site from the state.

The amount is not set in a single equivalent, but is calculated . Municipal or federal authorities calculate the total by comparing land prices in the area, as well as based on the amount of land tax. Also, when assigning a value, they rely on the established cadastral value.

Privatization of land within the framework of the dacha amnesty

The dacha amnesty refers to a simplified procedure for registering the owner’s rights to residential and garden buildings, as well as the land located under them. The rules for implementing the event change periodically, and the validity period is regularly extended. A bill providing for the extension of the dacha amnesty until March 1, 2026 is currently under consideration in the State Duma.

The main difference between land privatization in this case is the opportunity to contact the Rosreestr authorities directly. In this way, it is possible to significantly reduce the duration of the procedure. If you submit documents directly to the territorial division of the department, they will be reviewed within 10 days. When applying through the MFC, the period increases to 14 days.

To be able to privatize land within the framework of the dacha amnesty, two conditions must be met: provision of an allotment for private plots or individual housing construction and registration of the constructed house as property.

Grounds for free-of-charge

In 2021, the legislator has significantly reduced the list of persons who have the right to count on free privatization. Today, citizens who belong to the category of beneficiaries have this opportunity.

Another group of people with privileges are participants in the “dacha amnesty” program.

The category of beneficiaries includes the following citizens:

1. Military personnel.
2. Heroes of the Russian Federation.
3. Heroes of the USSR.
4. Veterans.
5. Orphans.
6. Families with three or more minor children.
7. And other categories of persons established by municipal authorities.

Paid and free

The free procedure is carried out administratively and is privileged for those citizens who have legal grounds for this and have strong evidence that their house has been on this site for a long time, and they permanently reside in it.

A paid procedure is provided for those who wish to buy such a plot of land. At the same time, you need to know that land for purchase will be assessed at its cadastral value. To evaluate the land being purchased, a special commission will be created, which will establish the true price for the purchase of the land plot. However, it is possible to carry out transactions with the purchase and sale of land plots only when the plot is registered and remains on the cadastral register. If this has not been done yet, then before proceeding with privatization, you need to register your land plot.

How to find out the status?

In order to find out whether someone has managed to privatize a land plot or not yet, you need to use some tips:

1. If the plot was received by a citizen before 2001, then it is necessary to contact the municipal authorities. In the archive you can find the Decree of the Administration, on the basis of which the land plot was provided to someone for use until you received this allotment. If there is no such document, then you need to resort to a public cadastral map. This method is suitable for land plots that were registered before 2001 and after this period.
2. The Unified Cadastral Map is a resource that is located on the Internet and provides citizens with publicly available information on land plots, as well as on the buildings located on them.
   You need to type “Public card” into your browser. Go to the first tab. If you have the cadastral number of the plot, then enter it in the empty field. If not, then specify the city of your residence, and by searching on the map, highlight the cursor area. A pop-up window will appear on the screen that will display basic information about the land. This is the location address, area, established cadastral value, possible intended use, as well as the presence or absence of a form of ownership. Allotments that are in municipal or federal ownership of citizens are available for privatization.
3. The third, but no less effective way to use the Rosreestr portal. To do this, you need to go to the official website. You need to get an extract and pay the state fee in advance. You can receive the service either on the official website of Rosreestr or by visiting a branch in your locality in person.

How you can find out whether land is privatized, in government agencies, on the Internet and in other ways, is described in detail here.

Where to start privatizing a land plot

To begin the process of land privatization, you must first make sure that it is subject to registration as a property, and also that the ownership rights to it have not yet been formalized.
You can obtain such information by requesting an extract from the Unified State Register. Any citizen can receive an extract by paying a preliminary state fee.

If there is an opportunity to privatize a plot, then you need to initiate the process by preparing documents. Often you have to look for some papers or get them again.

The exact list may vary depending on the region, so before starting the process it is better to obtain detailed advice from the administration of the area where you live.

Procedure for carrying out the procedure in the Russian Federation

If the land plot is still in municipal ownership, you have every chance of becoming its full owner. But to do this you need to follow a series of sequential steps.

List of documents

The composition of the package of documents may vary depending on individual circumstances. But employees of a government agency may require the following documents:

• A decree or certificate that confirms the fact that the plot has been provided for use.
• Passport of the citizen for whom the certificate or resolution was issued. A photocopy will also be required.
• Cadastral passport.
• A passport issued by the BTI for all immovable objects located on the site.
• Certificate from the state register about the non-commercial nature of SNT.
• Constituent documentation of the partnership.
• Extract from the Unified State Register.
• If a person is a member of the SNT, a photocopy of his book will be required (how to privatize land in the SNT?).

How much does it cost to register a property?

The cost of the land privatization procedure itself . If a citizen participates in the dacha amnesty program, registration is free of charge. But there are also paid ways to become the owner of an allotment.

In the first case, you will need to buy it from the legal representative. If the plot was issued by the state free of charge, then you can register your own right.

You must pay the state fee:

• For areas that are intended to be used for individual housing construction and SNT, etc., a state duty of 350 rubles is provided.
• For other land plots 2,000 rubles.

You can pay the state fee both at the government agency itself and through the government services portal.

We wrote separately about how much the procedure for privatizing a land plot costs, the price for preparing documents, and state fees, but here you can familiarize yourself with the procedure and methods for the privatization of a land plot.

Related costs

Despite the fact that the event in question is declared as free, certain financial expenses for its implementation are necessary. The exact answer to the question of how much it costs to privatize land for a private house depends on several factors. The main one is regional characteristics, which affect both the cost of the work of cadastral engineers and the notary’s prices.

The final price of privatization measures is formed from three main components. The first is the cost of surveying and cadastral work. The second is notarization of documents. The third is the state duty for obtaining an extract from the Unified State Register of Real Estate.

Peculiarities

In the issue of land privatization, one cannot avoid any nuances and subtleties.

Is it possible to privatize a share of a land plot?

It is allowed to privatize a share in a land plot , however, this procedure is accompanied by some nuances:

1. To do this, you need to allocate a share in kind in the home ownership. That is, thus ending shared ownership. A division agreement is concluded between all owners of the plot. The share registers the ownership of part of the building.
2. Next you need to resort to the land surveying procedure. The changes made should be reflected on the cadastral map.
3. Then the citizen must draw up an application for the provision of plots of property. After this, a decree is issued in his name, according to which the allocated share becomes his property.
4. The following is the general procedure for registering rights.

We have described in detail about the privatization of a land plot into joint ownership, for example, by residents under an apartment building, here.

No buildings

In accordance with the law, only that land plot without buildings that previously belonged to a citizen of the Russian Federation under a lease or perpetual use agreement can be privatized.

In essence, what will happen is not privatization, but re-registration. Only those land plots that were provided for the purpose of gardening, individual housing construction, subsidiary farming and gardening can participate in such a procedure.

Under the garage

The owner of the garage can also become the full owner of not only the building, but also the land underneath it . The privatization procedure will require going through three stages:

1. You need to get a certificate from the chairman of the garage cooperative, which indicates that the cooperative was registered with the local administration.
2. Then you need to go to the BTI along with a certificate in order to obtain a technical description of the land plot under the garage.
3. At the registration chamber you need to find out the necessary list of documents, create a package and again appear at the registration chamber to issue a certificate that will secure you as the owner of the land under the garage.

We wrote about the nuances of privatizing land under a garage in another article.

For rent

Legislation allows the privatization of plots that are leased . However, in this matter you need to rely on the date when the contract was concluded. If the land plot was leased before January 1, 2001, then privatization is possible. However, if the contract was executed after this date, then in this case registration of ownership rights can only be carried out for a fee.

Everything is explained by the adoption of the Land Code of the Russian Federation in 2001.

The procedure is divided into several stages:

1. A package of documents is being prepared.
2. Cadastral registration of the territory.
3. Applying to the administration or the Federal Property Management Agency.
4. Issuance of a permitting act for privatization.
5. Registration of the site in Rosreestr.

Read more about how to privatize leased land here.

Country house on its own

The legislation of the Russian Federation states that it is not necessary to privatize a dacha building, since it is located on a plot of land that is owned by a citizen.
Therefore, if you have already carried out procedures for privatizing land, then this is quite enough. However, if in the future it is planned to transfer the country house by inheritance, sell it, and carry out other transactions, then the privatization procedure must be carried out.

This process is quite simple and is carried out on a general basis. Read more about the privatization of a country house on your own land here.

Privatization procedure

A simplified privatization procedure is available to participants of the dacha amnesty. In other cases, the sequential implementation of several stages is required, each of which is worth considering in more detail.

Stage No. 1. Formation of a set of documents

The standard set of documentation includes:

• passport details of future owners;
• TIN of each of them;
• title documents for a plot of land. These include: a lease or perpetual use agreement, a deed of gift, a right to enter into inheritance, allocation for individual housing construction, etc.;
• land documentation (if available) – cadastral and technical;
• title documents for a residential building (extract from the Unified State Register of Real Estate, purchase and sale agreement, etc.);
• certificate of land value according to cadastral registration;
• documents on the amount of land tax and the absence of debt for its payment.

Stage No. 2. Completing and submitting an application

The basis for launching the privatization procedure is an application. The document is drawn up in free form, but must contain several details, including:

• name of the municipal body dealing with the issue;
• Full name of the applicant;
• his contact details;
• information about the plot of land (as complete as possible);
• application for land ownership;
• signature with transcript;
• date of document preparation.

The application form and sample can be found here.

Stage No. 3. Land surveying

The preparation of survey and cadastral documents is carried out by specialized organizations, whose staff includes cadastral engineers. The latter are subject to a number of requirements, the fulfillment of which is mandatory for conducting professional activities. Among them:

• specialized education;
• participation in SRO;
• a valid certificate of confirmation of qualifications.

The result of the cadastral engineer’s work is a set of documents. It is necessary for registering an object and entering it into the Unified State Register, as well as for subsequent state registration of property rights.

Stage No. 4. Signing an agreement with the municipality

The privatization agreement is signed by the new and old owner of the land. The document contains comprehensive information about the land plot, including information obtained as a result of land surveying and cadastral work. In this case, we are talking about the area and location of the land, the number of owners and their shares, the purpose of the site, etc.

Stage No. 5. State registration of property rights

The final stage of the described procedure. Provides for the formation and submission of a set of documents to Rosreestr. Documentation is provided both during a personal visit to the territorial division of this department, and by contacting the MFC. Registration of ownership is confirmed by an extract from the Unified State Register of Real Estate.

Which categories are not subject to the procedure?

The current legislation does not allow the privatization of all land plots . What is the exception?

For example, such plots include lands that are part of protected natural sites, forest or water resources, territories that are assigned for federal or municipal needs, lands within the coastal strip, lands in natural parks and reserves, and so on. Find out which categories of land are not subject to privatization in this article.

SNT

SNT lands are often privatized by citizens. Ownership of land in SNT gives participants the right to engage in agricultural activities.

And the presence of legally formalized rights to an allotment gives a citizen the basis to dispose of the plot at his own discretion. However, in some cases privatization may be refused.

This happens if the allotment was excluded from circulation. A ban was imposed on privatization . The state plans to use this plot for other purposes.

The procedure for privatizing a land plot in a gardening partnership is described in detail in another publication.

Agricultural

Agricultural land includes land, areas that are occupied by communications, roads, green spaces, water bodies, buildings, and so on.
Privatization of such a plot is a transfer of the right to ownership into private ownership. It is possible to privatize only those agricultural lands that are currently in state or municipal ownership. Both individuals and legal entities can participate in the privatization procedure .

A refusal to privatize agricultural land can be obtained in a situation where a citizen wants to acquire a plot that is of particular importance. For example, there are buildings on it that supply those around with communications, water, and so on.

Find out more information on how to register ownership of agricultural plots here.

Required documents

So, first we collect documents according to the list:

• application for the provision of a plot of land from the category of municipal or state property into private ownership. If the site is newly formed or requires clarification of boundaries, then a statement of its preliminary approval;
• the applicant’s passport and power of attorney if the application is submitted through a representative;
• a document according to which a citizen has the right to claim a given plot of land;
• boundary plan - a diagram of the location of a plot of land. Required in the case when it is newly formed and there is no project for surveying the territory where the site is located;
• if the site has already been formed, then you can attach an extract from the Unified State Register. Submission of an extract by the applicant may expedite the consideration of the matter.

Order an extract from the Unified State Register of Real Estate

and statements:

• on the provision of a plot without bidding;
• on preliminary approval of the provision of a land plot.

Is it possible to sell land without title?

The lack of land ownership indicates that the privatization procedure was not carried out. This means that a citizen does not have full rights that would allow transactions with real estate, in this case, transactions with land.

Therefore, it will not be possible to sell land without privatization , since a citizen does not have the rights to carry out such a procedure. The land plot is still in state or municipal ownership.

But the state or municipality has the right to sell this land plot to a citizen, thus carrying out a paid privatization procedure, as a result of which the person will become the owner.

Privatization of land plots is a complex procedure that is carried out in several stages. It contains many nuances that you may encounter during implementation. But careful study of the legislation, as well as step-by-step adherence to the plans, will bear fruit; soon you will become the owner of your own land plot.

Registration of the agreement

After you have collected all the necessary documents, you will need to write an application and submit a corresponding request to the municipal council, with whom you will enter into an agreement to transfer the house into your ownership.
In a village, such a body is most often the village council. Therefore, you will need to head there. After you receive consent and sign the agreement, you need to go to the territorial office of Rossreestr with all the documents so that they register you. If you have chosen collective or general privatization, then each of the participants will receive the relevant documents.

In fact, everything is quite simple if you do everything in a strictly designated order and provide only certified documents. Then you don’t have to worry that privatization will be delayed and that you will spend a lot of money. If necessary, you can always consult with specialists or ask for their help. The main thing is not to be afraid to defend your rights, even through court.

Price

The state fee for registering property rights is 350 rubles. If a plot intended for:

• Country construction,
• Gardening, gardening,
• individual housing construction, private household plots,
• then the state duty for its registration will be 100 rubles, according to Art. 6 Federal Law No. 93 (“dacha amnesty”).

If privatization is carried out on a paid basis, then the cost of purchasing federally owned plots will be 60% of their cadastral value.

For dacha and garden plots, as well as for plots for individual housing construction and private plots, which are in regional or municipal ownership, the purchase is made for 15% of the cadastral value of the land, and this percentage can be reduced to 1 by local legislation or reset to zero for privileged categories of the population.

The use of public land is regulated by the legislation of the Russian Federation. Which banks offer mortgages for the purchase of land? Find out about this by reading our article.

Sometimes, when purchasing a plot of land, it is necessary to draw up an advance payment agreement. You can find out how to do this here.