Providing a plot of land in the Moscow region through auctions for ownership or lease

Providing a plot of land in the Moscow region through auctions for ownership or lease

Individuals and legal entities can purchase or rent land owned by the Moscow Region through auction. The corresponding service is provided by the Ministry of Property Relations of the Moscow Region. Read about what documents you will need to apply for a government service and the timing of its provision in the material on the mosreg.ru portal.

Restriction on participation in auctions for the sale of land plots

Auction

Source: , website of the Sergiev Posad district administration

Agricultural lands cannot be owned by: - ​​stateless persons, foreign legal entities and foreign citizens; — legal entities in the authorized capital of which the share of foreign legal entities, foreign citizens and stateless persons is more than 50%. The listed categories of bidders can only lease agricultural land. One individual or legal entity is granted ownership of no more than 25% of the total area of ​​farmland located on the territory of one municipality near Moscow.

Read how to get undelimited land plots in the Moscow region without bidding>>

How to get the service

To submit an application and the documents necessary to receive the service to the Ministry of Property Relations of the region, you can contact the territorial unit or multifunctional center in person. In addition, the applicant has the opportunity to use the electronic form on the portal of state and municipal services of the Moscow region.

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Required documents

Pile of papers

Source: RIAMO, Alexander Kozhokhin

As mandatory documents, the applicant must submit an application for participation in the auction, a certificate of state registration of a legal entity and constituent documents of the legal entity. Additional documents include: - a document confirming the applicant’s identity; — certified translation into Russian of documents on state registration of a legal entity, if the applicant is a foreign legal entity; — a payment document confirming the transfer of the established deposit towards payment under the contract (the amount of the deposit is indicated in the documentation and information message regarding the auction).

Find out how to assign an address to a plot or property in the Moscow region>>

Result and timing of the provision of the service As a result of the provision of the service, the applicant receives: - a transfer and acceptance certificate in the event of the sale of a land plot; — lease or purchase and sale agreement of a plot or refusal to conclude an agreement; — protocol on the results of the auction or refusal of admission to participation in the auction; — notification of recognition of the auction as invalid; — return of the deposit and documents. For legal entities, the period for registering documents is one working day, the maximum period for providing services is 60 working days.

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Refusal to provide a service Grounds for refusal to provide a service or its suspension may be the refusal of the ministry to conduct bidding, the absence of a deposit at the time of consideration of applications for participation in the auction, the absence of documents necessary for participation in the auction, or the inaccurate information contained in them. In addition, the service may be denied to a person who does not have the right to participate in a particular auction. If the applicant is listed in the register of dishonest auction participants, this may also become a basis for refusal to grant it in the Moscow region: how to change the status of land>>

Procedure for appealing a refusal An applicant can appeal the procedure for providing a service to the Ministry of Property Relations or the Ministry of Public Administration of the Moscow Region by personal written application, through the regional public services portal, the portal of the Moscow Region government or the website of the Ministry of Regional Property, as well as through the multifunctional center. The period for consideration of a complaint by the regional Ministry of State Administration will not exceed 30 days and will be equal to the period for verifying the facts of a violation of the procedure for providing the service. The Ministry of Property Relations considers the complaint within 15 working days. More detailed information about filing a complaint can be found on the portal of state and municipal services of the Moscow region.

The sun connected the land plot and the property on it

The fundamental principle of the Land Code (subclause 5 of clause 1 of Article 1) de jure proclaims “the unity of fate of land plots and objects firmly associated with them,” but de facto this is not always observed, which is what happened in the case of the bankrupt Agroservice LLC. The representative of the founders and the only participant, Roman Paskalenko, considered the agreement with the lender AlexiInvest LLC on the transfer of real estate and the auction held by him to be invalid, since the land plot and the objects on it, in violation of the principle of unity, were sold in different lots.

According to the senior lawyer of RE Legal (RE Group of companies) Evgeny Druzhinin, the principle “has a rather complicated fate” and is of a compromise nature in Russian legislation. “On the one hand, for the formation and development of a market economy, it was necessary to enshrine in legislation the maximum possible independence of various objects entering into civil circulation,” he explains. “However, on the other hand, it was impossible and inappropriate to “disown” the concept of a single immovable thing, according to which a real estate object located on a land plot always plays a secondary role, dependent on the rights to the land plot.”

Since 2011, Agroservice has been bankrupt; selling its property is the only way to pay off debts to creditors. The secured lender AlexiInvest divided it into four separate lots: a land plot (3214 sq. m), a production building (903 sq. m), a refrigerator building (99.9 sq. m) and a non-residential building (75.1 sq. m. ). In October 2012, only the land plot was sold at auction to Miroslav Koryakov; to sell the remaining lots, a repeat auction was held in December of the same year, where only non-residential premises were sold, and again in favor of Koryakov. The remaining two lots were transferred to AlexiInvest under an agreement with Agroservice. But the lender was not satisfied with the outcome of the auction.

In February 2015, the Moscow District Arbitration Court, at the request of AlexiInvest, invalidated the auction regarding the sale of land and a non-residential building on it to Koryakov. The court pointed out the non-compliance with the principle of Article 35 of the Land Code (transfer of rights to a land plot upon transfer of ownership of a building or structure). It was on this article that Paskalenko formed his position in the Arbitration Court of the Moscow Region, pointing out that “the sale of a land plot and buildings (structures) located on it in separate lots not only violated the requirements of the law, but also significantly reduced the attractiveness of the offer for potential buyers, which does not may not have affected the alienation price,” in addition, violates his own legal rights and interests. However, neither the Administrative Court of the Moscow Region (Tatyana Potapova), nor the Ninth Arbitration Court of Appeal (Valery Bykov, Valentina Mizyak, Emil Mirishov), nor the Administrative Court of the Moscow District (Elena Zvereva, Lyudmila Vlasenko, Irina Grigorieva) heard Paskalenko, and did not see a violation of his rights.

Paskalenko was not satisfied with the position of the courts, and he went to the Supreme Court. The economic board, consisting of the presiding officer Ivan Razumov, Irina Bukina and Elena Zarubina, invalidated only the agreement of the parties; the rest of the dispute was sent for review. On June 21, it became known why.

The Economic Collegium of the Supreme Court explained to the lower courts that the procedural nature of the auction was not violated, but this does not exclude “the possibility of independently challenging the transactions concluded at the auction on other grounds not related to violations of a procedural nature” under Article 449 of the Civil Code (grounds and consequences of declaring the auction invalid; editorial office that was active during the controversial period). Moreover, she pointed out a violation of the principle of unity of land and real estate by the agreement between the bankruptcy trustee of Agroservice and AlexiInvest. “Regardless of whether there are grounds for invalidating the auction itself, the [agreement] that violates the requirements of subparagraph 5 of paragraph 1 of Article 1, paragraph 4 of Article 35 is void by virtue of Article 168 of the Civil Code of the Russian Federation (as amended in force during the disputed period) Land Code of the Russian Federation,” the definition says.

As for Paskalenko himself, according to the “troika” of judges, he had the right to protection both as a representative of the founders and as a participant in the society. “In the absence of existing management bodies of the debtor, formed according to corporate rules, the representative of the founders (participants) cannot be deprived of the right to protect the interests of the debtor as a party to the contract in the event of their violation by another entity representing the debtor - a bankruptcy trustee who entered into a void transaction on behalf of the debtor - explains the first case of VS. “The representative of the founders (participants) of the debtor must be given the opportunity to challenge the relevant transaction and demand the application of the consequences of its invalidity.” As for the second, the purchase of real estate is more “attractive” for potential buyers if it is sold together with the land, which increases its value, therefore Paskalenko “has the right to claim the property remaining after satisfaction of the creditors’ claims” (Article 63 of the Civil Code).

Most often, bankruptcy creditors and auction organizers take a more careful approach to the formation of lots for sale at auction, which was not done in this dispute, says Elena Tikhonova, a lawyer at the Yukov and Partners Bar Association. Such indiscretion “can threaten the bankruptcy trustee with removal, and the secured creditors with long legal proceedings (as in the present case), delaying the process of ending the bankruptcy case,” she believes.

According to Druzhinin from RE Legal, the Plenum of the Supreme Arbitration Court clarified back in 2005 that a transaction for the alienation of a land plot without buildings located on it, the owner of which is one, is void. A transaction for the alienation of only structures without connection with the land plot is also void[1]. It is precisely this principle that, according to the expert, was violated by the lower courts in the present case.

[1] clause 11 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 24, 2005 No. 11 “On some issues related to the application of land legislation”

How to win?

When conducting auctions for plots, the provisions of land legislation must be applied. In addition, separate standards are used that reflect the drawing of property objects. This applies to lands owned by state or municipal authorities. Questions often arise among citizens about taking part in the bidding process and winning them. It is important to know what an auction entails. In another way, this process can be called public trading. This event is specialized. During it, authorities at different levels are involved in drawing a plot of land intended for construction work.

This territory is characterized by a certain calculation. It has a cadastral focus. It has been established that these lands cannot have the status of abandoned. For this reason, they always have access to the main resources necessary for living. We are talking about water and electrical energy. In some cases, citizens prefer to install gas mains.

Persons who have an interest in the outcome are allowed to participate in the bidding process. The one who can offer the most funds will win. The object of the draw may be not only the right of ownership, but also the opportunity to form a lease agreement. In this situation, the cost of payment will be calculated based on the amount of tax penalties. They vary depending on the region where the site is located.

Announcement of bidding results

The results are announced by drawing up a special protocol. In the future, it is this that is used as the basis for concluding an agreement with the winner. The protocol is drawn up in 2 copies, each of which is signed by both parties. One copy remains with the organizer, the second is given to the winner. The results are published in the media and on the municipal website.

The protocol must necessarily contain the following information:

1. information about the winner;
2. price;
3. important terms of the transaction.

Participation in the auction

To become a bidder, you must contact the municipality or go to the administration website. There you can find out information about when the auction will be held and when applications will be accepted. It is necessary to submit an application and a civil passport in advance. A receipt for payment of 10% of the initial cost of the lot is also provided.

The exact date of the auction is provided. All participants receive notice of the time and location 30 days before the start of the auction. At the same time, an auction of land plots for individual housing construction will be organized if there are at least two applications. If only one bidder is interested in the property, he buys it at the initial price.

If the participant expects that quite a lot of people may take part in the auction, it is necessary to have sufficient funds. The bidding step can vary significantly, starting from 50,000 rubles and ending with 150,000 rubles. It depends on the number of applications. In this case, the initial cost is usually set at 2.5%. Therefore, participants can lift it quite strongly.

After the auction, the winner must pay the full price. Without this, it is impossible to obtain property. Then documents on the transfer of land are drawn up.

How to win an auction?

Success in trading starts before it even starts. First of all, you need to do a little research work. Find an advertisement about the site being put up for auction. It indicates the current cadastral number. You will need it to find out minimal information about the site. Next, you need to go to the official website of Rosreestr or one of the specialized commercial Internet resources.

Here you can use the cadastral number to find out the main parameters of the object, including its size and location. Next, using the address on the public cadastral map, you can find out where the site is located and find out whether it belongs to a certain territory.

The Rules for the Development of Municipal Territories contain annexes, one of which is an urban planning map. From it you can see the following important parameters:

• purpose and permitted use of the land plot, as well as neighboring territories;
• passing roads;
• location of environmental protection zones;
• proximity to the nearest cities.

If you like the plot, you need to prepare for bidding. If it is located near an economically developed city and close to major transport routes, there will likely be many other participants. In this case, you need to stock up on a solid budget in order to be able to raise the price and win.

If your budget is limited, you can choose an area with relatively favorable infrastructure development. At the same time, it would be a good idea to familiarize yourself with the plans for the construction and development of specific settlements. This plot may be inexpensive and there will not be many applications for it. But in the future he can become one of the best. At such auctions you can become a winner even with minimal investment. In addition, it may require a small down payment.

If you are serious about selecting a site, you can obtain up-to-date information in a specific region. To do this, go to the official website of auctions held in the Russian Federation. Here you can find information on planned auctions.

What papers should I collect?

If a citizen does not want to immediately receive a refusal to participate in the procedure under consideration, he will need to collect all the documents. It is worth pointing out that this list is small.

It includes:

• an act by which the identity of a citizen is verified;
• an application drawn up according to a specific template;
• a receipt indicating that the person has paid a deposit of 10 percent of the original price.

When drawing up an application, you need to consider what information should be reflected in it. In particular, information is provided regarding the citizen who wishes to obtain ownership rights to the plot. In addition, account details where to transfer funds are written down. This is necessary so that administration employees understand where to return the deposit.

When an organization takes part in an auction, it will need to provide statutory documentation and registration documents. You also need to issue a power of attorney and a document confirming the identity of the representative.

Stages of the procedure

Despite the ease of participation, the procedure for organizing and conducting tenders is a labor-intensive process. The following necessary steps are performed:

1. Information about upcoming auctions is published using the Internet and the media. This must be done no later than 30 days before the start of the auction.
2. Applications are accepted from applicants with a package of documents.
3. Applications are being considered. At the same time, the organizers make sure that the deposit has been paid.
4. Bidding is held during which the winner is determined.
5. A protocol with the results of the auction is drawn up.
6. Information about the results is published in the media.
7. The winner pays the remaining amount and a contract is concluded with him.
8. The remaining participants receive their deposit.

How to win the auction?

To successfully complete the auction, you will need to try before it even begins. Initially, a citizen needs to carry out research work. This suggests that it is necessary to find an advertisement indicating that the land plot is being put up for auction. It contains the cadastral number assigned to the territory. Using this information, you will be able to find out the minimum set of data regarding the allotment. To do this, you will need to use the official portal of the registration authority or any paid site.

These resources provide an opportunity to obtain information about the main parameters of the allotment. In particular, this is its location and size. Then the address is used, which is taken from the cadastral map. With its help, a person finds out where the territory is and clarifies its affiliation. You need to study the building rules. They reflect the map of urban planning purposes.

It allows you to obtain the following information about the allotment:

• established purpose;
• acceptable use;
• neighboring territories;
• availability of roads;
• are there any zones of environmental significance;
• location of the nearest settlement.

If a person liked this plot, he will need to prepare for the auction. If the territory is located near the city or near a transport interchange, then it is worth considering that there will be many participants in the auction. Then you need to prepare an impressive amount. Otherwise, you won’t be able to increase the cost and win.

ATTENTION !!! If funds are limited, it is recommended to choose an area that is located where the infrastructure is less developed. You can obtain information about plans for the development and construction of the selected area. Then the plot can be inexpensive, and there are few applicants for it. However, in the future it will become much more attractive. In such a situation, a citizen has the opportunity to win the auction without making large investments.

In addition, a small contribution may be established for such an object. If a person is serious about getting a plot, he needs to constantly check the details of the plots. For this purpose, you can use the official portal of Rosreestr.