Documents for registration of land ownership

Pravozhil.com > Real estate registration > Documents for registering a land plot as a property - a list and details of the procedure

What documents may be required to register ownership of a land plot is an important question. After all, any resident of Russia who has received ownership of a land plot is obliged to carry out the process of re-registration of ownership rights with the execution of certain title documents.

This event is mandatory, because the presence of, for example, a purchase and sale agreement or a certificate of inheritance does not give the owner the right to fully own his real estate.

In order to avoid various kinds of controversial situations regarding the ownership rights of citizens to any property, the government of the Russian Federation maintains legal registers.

This method of accounting is the most relevant and convenient for real estate. It is important to understand that legal registers contain all the information about which citizen owns this or that property and from what moment.

Basic legal provisions

What documents are needed to register land ownership?

Most legislative issues during the process of registering the right to own a land plot are resolved through reference to the Land Code (LC) of the Russian Federation.

Depending on the specific situation, any of the articles of the code may be suitable for consideration. Therefore, it is worth understanding that it is important to resolve controversial situations when re-registering land with a professional lawyer.

The Land Code of the Russian Federation fully regulates all legislative nuances of registering land ownership.

Having decided to register independently, any citizen must familiarize himself with some articles of the code without fail.

The first of these is Article 15 of the Land Code of the Russian Federation, which clearly shows who and under what circumstances can act as the owner of land. In a few words, its provisions sound like this:

Part 1. Any citizen of the Russian Federation or legal entity has the right to private property in the form of a land plot if they acquired the land legally.
Part 2. All plots of land on the territory of Russia can be acquired and act as the property of individuals and legal entities. With the exception of those that cannot be used in this capacity in accordance with other legislative acts.
Part 3. Foreigners are limited in their rights to own certain plots of land as owners. You can learn more about these by reading other provisions of the Land Code and a number of Federal laws.

Registration of land ownership - what documents are needed?

No less important to familiarize yourself with is Article 25 of the Land Code of the Russian Federation, which regulates the basics of land rights. In particular, it indicates the need to refer to the Civil Code and Federal laws when registering property.

The most important of the Federal Laws is the Law “On State Registration of Real Estate” (Federal Law dated July 3, 2021, number 361-FZ).

The second paragraph of Article 25 states that registration of rights must be carried out on the basis of the provisions of the same Federal Law.

Legal basis

The need to pay a fee for registering the transfer of ownership rights is specified in Federal Law No. 218 “On State Registration of Real Estate”. However, in Art.
17 of the law there are no specific amounts, but a link to the Tax Code of the Russian Federation is left, since the amount of payment may change. However, in addition to Art. 333.33 of the Tax Code, the formation of the state duty is also influenced by the Land Code and Order of the Ministry of Economic Development No. 44 “On approval of the classifier of types of permitted land use.”

These legislative acts establish the category of land, and therefore directly affect the amount of state duty.

Important! Some clauses of the Tax Code regarding the amount of state duty are controversial. Therefore, various authorities periodically issue clarification letters. For example, in an information letter dated July 26, 2017, Rosreestr explains the procedure for paying state fees.

General essence and principles of land registration

The need to register ownership of a land plot lies in the fact that after the implementation of the event, the rights to own this or that real estate will be entered into the All-Russian legal register.

Without such information in the register, the actual owner of any land acquired by him under a purchase and sale agreement, a certificate of inheritance and other documents does not have the right to carry out most types of transactions with his property (sale, lease, etc.).

Registration of a land plot as a property is possible in the case when a citizen has received ownership of real estate in one of the following situations:

purchase and sale transaction;
a lease transaction with the priority right to purchase the land and extend the transaction on the part of the tenant;
receiving property by inheritance;
obtaining a plot of land in perpetuity;
obtaining land from state or municipal property;
association of several plots of land.

The list presented above indicates only the main situations in which citizens of our country most often register ownership of a land plot.

In addition to them, the legislation of the Russian Federation allows this procedure to be carried out in cases where the property was acquired by a person legally and can be registered as private property under the Land Code of the Russian Federation.

Registration of ownership of a land plot in Russia is carried out both for individuals (ordinary citizens) and for legal entities (companies, organizations, firms, etc.). Depending on the individual nature of the event, the list of documents required to be submitted to government agencies and the process itself may vary, which is worth taking into account.

Documents for obtaining title papers are submitted to local bodies of Rosreestr or Multifunctional Centers, however, in addition to these organizations, you may need to contact the Department of Residential Premises and Housing Fund (DHPiZhF), Cadastral Chambers, BTI and other government agencies.

How to save on land registration without using the services of specialists?

Registration of land property can cost quite a lot of money. Any interested person will think about how you can save money on this procedure? To do this, you should show independence where issues can be resolved without the involvement of specialists. A person can personally represent his interests, submit documents to Rosreestr, draw up petitions and statements, without resorting to the services of intermediaries. It may take more time, but it will save a certain amount of money. In order to independently participate in the process, you need to carefully prepare (become familiar with the legislation and the experience of people who have already re-registered their possessions). When representing in person in court, it is recommended to rewrite and memorize the paragraphs of the articles referred to.

But not all procedures can be performed without the help of a specialist. For example, it is impossible to register land property received as an inheritance, a gift, as a result of a purchase or sale transaction, etc., without the involvement of a notary.

What documents are needed to register a land plot?

As noted earlier, the list of documents required to register it as individual property largely depends on the method of obtaining ownership of a plot of land.

It may be unimportant, but the general procedure for preparing all papers is different, which is important to take into account at this stage of registering your rights to land.

Below are the main documents for registering land ownership, which are necessary in any case:

identification document of the applicant for registration of land ownership (passport, power of attorney, etc.);
cadastral plan (passport) for the land plot (if not available, it must be completed by contacting the local Cadastral Chamber);
receipts for payment of all government fees;
a written statement provided by the owner (it must indicate the location of the territory, its area and intended purpose).

How to re-register a land plot to a third party

The first and very important rule is that re-registration is allowed only on the condition that the ownership of the property has already been registered previously.

In other cases, when there is a transfer of property rights, it is only possible to re-register the plot under the house. And the transfer of property will be carried out only if the property transaction is completed.

Re-registration of rights to another person (relative or not) takes place in several stages:

Draw up a document that will become the basis for the transfer of ownership. If we are talking about immediate relatives or minor children, a deed of gift turns out to be the most suitable option.
Have it certified by a notary to confirm the legality of the paper and the voluntary nature of its execution. During the procedure, in addition to the donor himself, the recipient must also be present (for a child under 14 years old, his parents or guardians).
Make adjustments to the earlier information contained in the Unified State Register of Real Estate – thereby re-registering ownership rights.

If the inheritance was accepted by court order, because the six-month period allotted by law for entering into the inheritance turned out to be overdue for some reason, it is necessary to present both the court decision and a stamp indicating its entry into force. This is what the step-by-step instructions for land users look like.

General requirements for documents

In the process of registering land ownership, it is important not only to collect the necessary papers, but also to correctly submit them. The general requirements for documents submitted to Rosreestr are as follows:

The application for ownership is submitted in its original condition (original).
Documents certifying a citizen's right to own any land are also provided in their original condition (original) and in a limited quantity (usually 2 copies).
The remaining documents are provided in both the original and certified copies.
The cadastral plan (passport) may not be provided if it was previously included in the receipt of other title documents for this owner and this land plot in Rosreestr.
For a legal entity, it is also important to provide copies and originals of the constituent set of papers, certificates from the Unified State Register (for legal entities), tax certificates, powers of attorney, and so on.

It is worth understanding that the government agency will not accept documents that contain many abbreviations in the names, are written in illegible handwriting, have additions/strikeouts, external damage and other defects.

Fines

Illegal land users are subject to administrative liability - fines. The amount of the fine depends on whether the plot is registered in the cadastral register and whether the cadastral value of this land plot has been determined.

If there is one, then according to Article 7.1 of the Code of Administrative Offenses of the Russian Federation, the amount of fines will be:

for civilians - 1-1.5% of the cadastral value, but not less than 5 thousand rubles;
officials - 1-1.5% of the cadastral valuation, but not less than 20 thousand rubles;
legal entities - 2–3%; the minimum fine is not less than 100 thousand rubles.

In cases where the cadastral value is not determined, the fines will be:

for civilians from 5 to 10 thousand rubles;
officials from 20 to 50 thousand rubles;
for legal entities from 100 to 200 thousand rubles.

But the law is not intended only to punish for the use of someone else’s land; in some cases, squatting can be legalized. To do this you need to do the following:

Find the copyright holder of the site.
Carry out the land surveying procedure and establish the boundaries of the land plot in a new manner; obtain a cadastral passport.
Based on the collected package of documents, register ownership.

It is not difficult to identify the owner of the land; to do this, you need to make a request to Rosreestr or to the architectural/land department of self-government bodies. These organizations are required to provide an official response, which will collect the necessary information about the copyright holder of the site.

Nuances of registration - government agencies, cost, etc.

The procedure for registering land ownership is quite an expensive undertaking, so we advise you to be patient and have money.

At the end of the article, it would not be out of place to note some nuances of the process of registering land plots as property in Russia:

Many people are interested in the question of how expensive the registration process will be. It is worth noting that if you have the entire list of documents, it is formally free, with the exception of mandatory payments (office fees, state fees, etc.). The amount of state fees varies from 300 to 22,000 rubles. If it is necessary to obtain a cadastral passport, you will also need to resort to paying for the services of special organizations for land surveying (from 5,000 to 25,000 rubles). Turning to a lawyer for help will also incur some expenses (consultation - from 500 to 5,000 rubles, full assistance in registration - from 3,000 to 9,000 rubles).
To register, you must contact Rosreestr or the Multifunctional Center at your place of residence. You may also need to contact the Housing and Property Department, the Cadastral Chamber, the BTI and some other government agencies to obtain the necessary documents.
The issuance of a certificate of title has not been carried out since July 2021. However, after 10 days after submitting all the documents and the application for registration of the land plot, the owner will be able to receive an extract from the Unified State Register (the local Rosreestr, a multiple procedure).

In general, registering land ownership is a simple procedure, but it is slightly confusing and requires some attention.

Having dealt with all the nuances of holding the event, within two weeks you can legally formalize your right to complete disposal of some land. When registering, do not forget to refer to the legislation of the Russian Federation, and if controversial situations arise, consult a lawyer.

You can learn more about registering land ownership by watching the video:

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Payment order

According to generally accepted standards, payment of the fee is made before submitting documents, since registration authorities require a receipt to confirm the fact of depositing funds.

However, Rosreestr explained the procedure for paying fees for real estate transactions:

Payment is made before or after submitting documents. The main thing is that the money is credited before the set of papers is reviewed by the registration authority.
In Rosreestr, the receipt of funds is checked using the GIS GMP system, so it is not necessary to present a receipt or bank payment.
If the applicant has not paid the fee before submitting the documents, then after receiving the papers he must be given a payment direction with a unique identifier, details and the date by which the funds must be paid.
From the moment of submitting the documents, the citizen has 5 days to pay the state fee. Otherwise, the documents are returned without consideration.

The deadline for paying state fees may be extended. For example, if the applicant deposited funds by bank transfer only on the 5th day after submitting a set of papers. Such a transfer takes about 3 days, so in the GIS GMP system, the stamp on payment of the state duty will appear only on the 8th day.

But the applicant can immediately provide a receipt to Rosreestr after payment , therefore, instead of returning documents without consideration, registration of the agreement and property rights will be delayed until a mark appears in the GIS GMP.