Procedure and documents for purchasing a land plot from lease to ownership

Any plot of land transferred for use to the owner may be owned by a citizen with registered rights or leased for a certain period or indefinitely.

Often citizens have to deal with the re-registration of rights to leased land in order to obtain ownership of a plot of land. Typically, such a transition of the rights of the tenant to the rights of the owner takes place in the form of redemption of the land plot.

Law on the purchase of land from lease to ownership

In the Russian Federation there is a Land Code, within the framework of which the basic principles for the use of the country’s land resources are defined and named. Norms and rules for the use of plots of land have been established, the rights and obligations of the parties when concluding transactions of purchase and sale, exchange, donation, and inheritance in relation to land plots have been recorded.

Know that the Land Code of the Russian Federation regulates issues related to land, and not the personal interests of participants in legal relations with a land plot. Study the basic rules governing private interest, which are recorded in the Civil Code of the Russian Federation and relate to the country’s land resource.

The main regulatory provisions are reflected in the following documents:

In articles 22 to 24 of the Land Code of the Russian Federation, read about the basics of lease relations in relation to a land plot;
To comply with the rules for re-registration of land ownership, if the plot is leased from the user without the possibility of purchase, study Chapter 34 of the Civil Code of the Russian Federation;
There are basic rules for carrying out transactions for the acquisition or alienation of property on the basis of a real estate purchase and sale agreement. These rules are recorded in articles 548 to 559 of the Civil Code of Russia;
Agricultural lands may be re-registered on an indefinite lease basis on the basis of the norms specified in Chapter 2 - 3 of Federal Law No. 101. Please note that the acquisition of a plot of land on the specified grounds can be carried out by transferring a plot of land from the ownership of the municipality on whose territory it is located to the ownership private or legal entities;
Federal Law No. 178 explains the rules and sequence of privatization of land plots in Russia;
Study Articles 397 and 398 of the Tax Code of the Russian Federation, there you will learn about the procedure, timing and rules for making payments on established land taxes;
In case of insoluble situations, when disputes regarding a land plot between a tenant and a land user cannot be resolved peacefully, the judicial practice set out in Resolution of the Plenum of the Supreme Arbitration Court of Russia No. 73 is applied;
Study articles 153 to 165.1 of the Civil Code, which describe the process of regulating land lease transactions;
The Russian AIC is applied in cases where the commercial interests of participants in land transactions are violated.

If the situation requiring the intervention of the competent authorities differs from the material set out above, then to restore the violated rights, contact the court, which will make a decision on a general basis in accordance with the jurisdiction of the judicial authority.

If there are grounds to appeal a bill or regulatory act, carefully study all the provisions adopted regarding the CAS of Russia.

Which plots will be able to be purchased and which will not?

The answer to this question is also contained in the Land Code. This normative act speaks in detail about those categories of land that can be acquired into ownership after concluding a lease agreement in Article 27, dedicated to restrictions on the turnover of land.

Similar provisions are also contained in the law on land privatization.

Thus, in accordance with this article, it is impossible to purchase land plots, the categories of which are listed in clause 4 of Art. 27 of the Land Code.

Such lands include:

Areas occupied by state reserves and wildlife sanctuaries, as well as structures used to service them (if it is necessary to locate such structures separately from nature reserves or wildlife sanctuaries);
Lands at the disposal of the Ministry of Defense, the Ministry of Internal Affairs, as well as special services whose responsibilities include ensuring the security of the state and its borders;
Land areas on which facilities related to nuclear energy and nuclear waste processing are located;
Territories of solid waste disposal sites (both domestic and industrial production);
Exclusion lands along utility lines, power lines, wastewater treatment plants, roads and transport hubs (ports, various types of stations and transport terminals);
Territories that are designated as protection zones for water intakes (together with adjacent water inflows, for example, special canals leading from rivers);
Lands on the territory of which closed administrative entities have been formed, which were created to achieve scientific goals or defense purposes and protection of the state and its legitimate interests, as well as to carry out work on the use of atomic resources;
Land plots put on reserve for government projects, as well as various projects of municipal importance (for example, for the construction of gas pipelines of different levels of subordination);
Plots located in the forest fund (they can only be leased, but their purchase is prohibited);
Lands on which space construction facilities are located.

All other plots that were leased can be purchased if the requirements for the execution of all necessary documents are met.

If the lands were not listed in paragraphs 4 and 5 of Article 27 of the Land Code, there are no restrictions on their turnover, including redemption.

Conditions for purchasing land from lease to ownership

If you have consent and written permission to transfer the land from lease to ownership on the part of the owner of the land plot, do not rush to purchase the plot. To begin with, study all the documents that the owner of the land has in his hands, establish the legality of the citizen’s ownership of the land.

Know that any land in Russia can be purchased from the state, which provided the opportunity to use the land as a tenant, or from the owner of the land who does not carry out any land work. There are exceptions to this issue; information about them is set out in paragraph 4 of Article 27 of the Land Code of Russia.

In any case, know that when purchasing land on lease from the state, you will have to pay the redemption amount established by the state based on regional recommendations certified by the local administration. If the land is leased from a private person, the purchase price will be determined individually.

The tenant has the right to sublease the land plot, unless this is prohibited by the conditions for obtaining the land lease. In any case, the tenant is obliged to inform the land owner of his intention to transfer the rights to part of the plot or the entire leased area to third parties.

Be aware that lease agreements can be fixed-term, and there must be a date for the completion of the contractual relationship in the agreement, and indefinite.

There are circumstances the presence of which allows a citizen who acquired land on a leasehold basis with the option of purchasing the plot to formalize the rights to real estate in the form of a plot of land in ownership:

The plot of land that is the subject of the agreement has not been taken out of free circulation;
Lands belong to the type and category of land use in which it is legally permitted to sell and buy land;
The authorized bodies did not record any violations of the rules of use and operation of the site in accordance with the VRI.

There is a rule in the Civil Code of Russia, set out in Article 621, on the purchase, by mutual agreement of the parties, of a plot of land located in a lease relationship, according to the principle of priority tenant advantage. If a citizen leases land, then after the end of the lease period he retains the right of the first-priority applicant to acquire ownership of the land or lease it for a new term.

If the tenant is refused to renew the lease without sufficient grounds, he has the right to go to court with a request to recover damages that arose due to the refusal to renew the lease or sell the land to the owner.

If the lease period has expired, but a new agreement has not been drawn up, then the lease agreement is considered from that moment to be unlimited. Such a rule can be challenged by mutual application of the parties and by a court decision.

The Supreme Court set priorities in the case of transferring a municipal plot to sublease

The Supreme Court, in Ruling No. 305-ES21-479 of July 22, dealt with a case in which lower courts came to different conclusions about the presence or absence of a violation of the contract in the defendant’s actions, basing their conclusions on its terms and the rules of the law.

On October 11, 2007, the Administration of the Leninsky City District of the Moscow Region and Inkom-Avtozapchasti LLC entered into a land lease agreement for a period of 49 years. According to the additional terms of the agreement specified in clause 5.1, the actions provided for in clauses 5–6 of Art. 22 of the Land Code (sublease), the tenant can sell only after prior agreement with the lessor.

On August 3, 2015, the company asked to agree on the provision of part of the land plot for sublease and to clarify the procedure for such sublease. The administration reported that it was impossible to sublease the land plot due to the lack of cadastral registration of the land plot planned for delivery. In addition, she proposed concluding a new lease agreement with multiple persons on the tenant’s side, or dividing the land plot and concluding new lease agreements, and subsequently transferring them to third parties.

Since the company entered into sublease agreements anyway, the administration filed a claim to terminate the agreement. Since the claim remained unanswered, the administration appealed to the Arbitration Court of the Moscow Region. The plaintiff considered that the defendant violated clause 5.1 of the agreement, according to which the company had to obtain consent in order to transfer the site to sublease.

In refusing to satisfy the claim, the court of first instance referred to Art. 309, 310, 450, 452, 619 Civil Code, art. 22, 46 of the Land Code, as well as the explanations contained in paragraph 18 of the Resolution of the Plenum of the Supreme Arbitration Court of March 24, 2005 No. 11 “On some issues related to the application of land legislation.” He found that the lease agreement was concluded after the entry into force of the Land Code for a period of more than 5 years, while sublease agreements with third parties were concluded after notifying the lessor. The court concluded that there were no grounds for terminating the lease agreement. At the same time, he pointed out the inconsistency of clause 5.1 of the agreement with the legislation in force at the time of its conclusion.

In turn, the appellate court noted that clause 5.1 of the agreement was not disputed and was not declared invalid. By concluding an agreement, the company acted voluntarily and had to foresee the adverse consequences of untimely fulfillment of its obligations and ensure compliance with the agreement. The court concluded that the tenant had materially violated the terms of the contract and granted the claim. The Cassation Court supported the position of the appeal.

Having considered the company’s complaint, the Supreme Court noted that lower authorities came to different conclusions about the presence of a violation of the contract in the defendant’s actions, basing their conclusions on the norms of the law and the terms of the contract. At the same time, the court of first instance proceeded from the peculiarities of the lease agreement for a land plot located in municipal ownership, concluded for a period of more than 5 years, which does not require the prior consent of its owner for sublease, and the courts of appeal and cassation considered the priority condition of the agreement on the need to obtain prior consent. consent to such disposal of their rights by the tenant.

The Supreme Court also referred to the Resolution of the Plenum of the Supreme Arbitration Court No. 11, in paragraph 18 of which clarifications were given that when considering disputes arising from a lease agreement for a land plot in state or municipal ownership for a period of more than 5 years, concluded after the introduction of this code, it should be assumed that the corresponding rights and obligations under this agreement can be transferred by the tenant to a third party without the consent of the owner of the land plot, subject to his notification. However, the lessor and the lessee do not have the right to provide in the lease agreement conditions under which the lessee can transfer its rights and obligations under the agreement to a third party only after receiving consent from the lessor.

“This clarification is based on the peculiarities of long-term leases, in which, due to legislative regulation, the need for prior consent of the public owner for sublease is not provided, and this rule cannot be changed by agreement of the parties. In the absence of a change in this rule, the clarification is relevant when considering the present dispute,” the Supreme Court noted.

The Court also noted that in paragraph 16 of Resolution No. 11, according to which notification of the transfer by the tenant of a land plot of his rights and obligations under the agreement to a third party must be sent to the owner of the land plot within a reasonable time after the relevant transaction has been completed, allowing the tenant to have information about receipt notice to the addressee, it was also clarified about the lessor's right to make a claim for damages as a measure to protect its rights in the event of the tenant's failure to comply with this obligation.

“Thus, since, due to legislative regulation, the tenant under a land plot lease agreement for a period of more than 5 years has a wider scope of rights, the limitation of which is not allowed by the agreement, the conclusions of the courts of appeal and cassation that clause 5.1 of the lease agreement established additional (special) conditions for preliminary agreement with the lessor on the transfer of sublease cannot be considered justified,” the Court concluded.

In addition, the Supreme Court pointed out, clause 5.1 of the lease agreement directly provides that the tenant can exercise the rights provided for in clauses 5, 6 of Art. 22 of the Land Code, after prior agreement with the lessor. Considering that the controversial legal relationship arose from a long-term lease, subject to regulation in conjunction with clause 9 of Art. 22 of the Land Code, clause 5.1 of the lease agreement could not be interpreted and applied by the courts when resolving this dispute as limiting the rights of the tenant of a long-term lease when transferring to sublease. The opposite, as the court of first instance rightly pointed out, is contrary to the law, i.e. clause 9 art. 22 of the Land Code of the Russian Federation, which imperatively established the freedom of a tenant to transfer a land plot under long-term lease into sublease without the consent of the lessor.

The Supreme Court noted that clause 9 of Art. 22 of the Land Code also contains specifics when terminating a lease agreement: early termination of a lease agreement for a land plot located in state or municipal ownership and concluded for a period of more than 5 years, at the request of the lessor, is possible only on the basis of a court decision in the event of a significant violation of the agreement by the tenant. The court of first instance concluded that there were no violations in the actions of the tenant when transferring parts of the leased land plot to sublease, and therefore did not recognize the existence of grounds for terminating the contract.

The Supreme Court indicated that, referring to clause 3.3 of the agreement, which contained the grounds for its termination when transferring a land plot to sublease without the consent of the lessor, the courts of appeal and cassation did not take into account that this clause could not regulate controversial legal relations due to the above-mentioned features rental agreement. In addition, as it was expressly stated in it, it regulated the grounds for unilateral termination of the contract by the lessor, i.e. in an out-of-court procedure, as opposed to what is provided for in a controversial situation. Thus, the Supreme Court upheld the decision of the first instance.

In a commentary to “AG,” junior lawyer of Land Law Firm Tariel Harutyunyan noted that the ruling of the Tenth Arbitration Court of Appeal demonstrates the approach applied in the recent Supreme Court Ruling dated March 23 in case No. A40-32015/2020, in which the Supreme Court demanded that the agreement be interpreted consistently, accepting taking into account the literal meaning of words and expressions, comparing the clauses with other terms and meaning of the contract, as well as ascertaining the general will of the parties, taking into account the purpose of the contract.

“In the given vector, the appellate court turned primarily to civil law and to the clauses of the lease agreement on the mandatory preliminary approval of such a sublease with the lessor, as well as on the lessor’s right to early termination of the agreement when transferring a land plot to sublease without such approval. However, the appellate court did not take into account the imperative provisions of paragraphs 5, 6 and 9 of Art. 22 of the Land Code of the Russian Federation, establishing the right of free transfer by the tenant of a land plot under long-term sublease without the consent of the lessor, which was noted by the AS of the Moscow Region and the Supreme Court,” said Tariel Harutyunyan.

Thus, the lawyer noted, taking into account clause 2 of Art. 607 and paragraph 2 of Art. 615 of the Civil Code of the Russian Federation, which allows for the possibility of establishing by law the specifics of leasing land plots, courts should refer to the imperatively established clause 9 of Art. 22 of the Land Code of the Russian Federation, which provides for the transfer by the tenant of his rights and obligations under a lease agreement for a land plot located in state or municipal ownership, only with the condition of notifying the lessor about this, and not receiving his prior consent. This position is confirmed, for example, by Resolution 21 of the AAS and decisions of the Supreme Court (Determination of February 19, 2021 No. 306-ES19-28137 in case No. A12-6098/2019 and Determination of March 25, 2021 No. 309-ES19-2080 in case No. A34-1087/2018).

Igor Ershov, head of the arbitration practice of the Moscow Law Office "Halimon and Partners", pointed out that the Supreme Court identified several problems: the relationship between the contract and the law, the incorrect application of substantive law norms by appeal and cassation (the norms of Article 22 of the Land Code and Article 422 of the Civil Code), ignoring by these courts the provisions of the Resolution of the Plenum of the Supreme Arbitration Court No. 11.

“I believe that the mistake of the courts of appeal and cassation when considering this dispute is that they did not take into account the norm of Art. 422 of the Civil Code, according to which the contract must comply with the mandatory norms in force at the time of its conclusion, which is also stated by the Economic Collegium in relation to the norm of paragraph 9 of Art. 22 of the Land Code,” noted Igor Ershov.

The appeal and cassation, it would seem, applied the principle of freedom of contract to the relations of a legal entity and a public legal entity, but did it in such a way that they gave priority to the interests of the administration, without applying the applicable rules of substantive law and ignoring the explanations of the Resolution of the Plenum of the Supreme Arbitration Court No. 11, he pointed out .

Methods for purchasing a land plot from lease to ownership

There are various options for transferring rights to own a land plot on the basis of a lease and with the option to purchase the land later.

The land plot will be considered accepted into ownership if:

The owner of the land has accepted all the current agreed terms of the transaction with the acquirer, the parties have no questions or doubts regarding the text of the agreement;
If a citizen took part in an auction announced by the municipality for the sale of state land;
If the land is transferred to special categories of citizens on a free and gratuitous basis with the right to purchase the land upon the occurrence of a certain circumstance;
In the case of purchasing land at an auction organized and conducted by private individuals;
If the plot is acquired under the accelerated option for the purpose of carrying out agricultural activities or for the construction of a multi-storey building for the permanent residence of citizens, in order to use the plot for the construction of a social facility.

In order to sell a plot of land with objects of started but not completed construction for individual housing construction, you need to make sure that the leased land and the objects on it are not subject to the rights of third parties. It is very important to obtain information about whether the land resource of the leased territory was used for its intended purpose.

Local executive authorities formulate and approve a sequence of actions for registering a land plot as the property of a private individual. In case of completion of construction work on a plot of land, registration of rights to a real estate object built on the plot, register ownership of the land.

If a plot of land was purchased for carrying out gardening activities, the fact of using the plot for its intended purpose is confirmed, then a citizen carrying out economic activities can acquire ownership of the specified territory.

Please note that when concluding a lease agreement for a certain period in relation to land with buildings, make sure that the rights to the construction objects are transferred along with the rights to the land, unless otherwise provided by the terms of the agreement. Most often, the erected structures on the site are transferred along with the rights to the land.

Who has the right to purchase land under a building or structure?

Owners of buildings or structures that are located on land plots that are state or municipal property have the exclusive right to acquire these land plots for ownership or lease. This rule, enshrined in, applies to both citizens and organizations.

The exclusivity of such a right means that no one other than the owner of a building or structure has the right to acquire the land plot occupied by the corresponding building or structure.

This method of acquiring rights to land plots is aimed at implementing the principle of the unity of fate of the land plot and the real estate objects located on it.

In addition to the existence of such a right among the owners of buildings or structures, the law also establishes their obligation to register rights to the specified land plots.

This means that owners of real estate located on land plots belonging to state or municipal property are required to either lease or purchase these land plots from the state or municipal entity, unless otherwise provided by federal law ().

You can only purchase a plot of land under an existing building or structure that legally belongs to you. This means that the right to the property under which you plan to register the land plot must be registered for you in accordance with the requirements of the law or must arise by force of law (regardless of its registration).

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Rights to real estate registered after January 30, 1998 (from the date of entry into force) are subject to mandatory registration in Rosreestr and are considered to have arisen from the moment of such registration.

Rights to residential buildings registered before 01/31/1998 must be registered with the technical inventory authorities - BTI.

The case where the right of ownership to real estate objects arises by force of law is, in particular, the acquisition of rights to a real estate object by inheritance, as well as full payment of a share by a member of a consumer cooperative (,).

Recommendations: register your ownership of a building or structure if it has not yet been registered!

In cases where:

several buildings and structures are located on a land plot, the division of which is impossible;
the specified buildings and structures belong to several persons under the right of private ownership;
premises in such a building or structure belong to several persons on the right of private ownership; these persons have the right to purchase such a plot of land as common shared ownership or for lease with a plurality of persons on the tenant side ().

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A lease agreement for a land plot with a plurality of persons on the lessee's side is concluded with the condition that the parties agree to the entry into this lease agreement of other rights holders of the building, structure or premises in them ( ).

The main condition for the application of this norm is the indivisibility of the land plot on which the relevant real estate objects are located. A land plot is indivisible if its division cannot be carried out without violating the requirements established by law for the land plots being formed or changed.

The size of shares in the right of common ownership or the size of the obligation under a lease agreement for a land plot with a plurality of persons on the lessee’s side in relation to a land plot provided to several right holders must be proportionate to their shares in the right to a building, structure or premises in them. It is possible to deviate from this rule only with the consent of all copyright holders of a building, structure or premises in them or by a court decision (Article 10).

The law establishes the specificity of acquiring rights to a land plot on which an apartment building is located ( ). Such a land plot belongs to the common property in an apartment building and, from the moment of formation and state cadastral registration of the specified plot, belongs on the right of common shared ownership to the owners of the premises in the apartment building by force of law (,).

When can you buy land from lease to ownership?

In the case of concluding a lease agreement with the right to purchase, the text must indicate the term and conditions for the purchase of land from the lessor. Know that first the land owner exploits the land resources of the site on a lease basis until the expiration of the full lease term, only then the ownership rights to the land are transferred to the owner, who by this time is obliged to pay the cost of the land in full.

Citizens who enter into a transaction to purchase land with the right to purchase, but on lease terms, have the opportunity to detail in the document the dates and amount of payments, and indicate the deadline for making the next contribution towards the purchase of the land.

The lessor has the opportunity to offer the buyer a transaction option in which the buyer agrees to pay the entire purchase price of the land, while the lessor can transfer ownership rights before the land lease expires.

After the expiration of the established lease period, the land owner can set any period for the purchase of the land. If the buyer agrees with the established period, then he automatically undertakes the obligation to pay the seller in full within the specified period.

How to transfer a leased land plot into ownership?

Read about registering ownership of a land plot from a lease here.

How to rent land from the state, read the link:

What the law says

Both the Land Code of the Russian Federation and the Civil Code (which regulates issues of both leasing and subsequent purchase and sale of this or that property) state that it is quite possible to buy a plot after it has been leased.

To do this, it is enough to initially stipulate in the lease agreement the possibility

subsequent repurchase of the leased property (in a particular case, a land plot), and after three years from the date of conclusion of the lease agreement - submit an application to the owner with a request to repurchase the property.

In the event that we are talking about a buyout from the state, you need to know that in most cases the procedure will take place without bidding (if the tenant managed to build a house on the site, which he registered as the property in accordance with all legal requirements).

However, if there are no permanent buildings on the site, then the potential buyer will have to participate in the bidding procedure, in which the purchase of the land will be carried out according to all the rules of the auction - whoever offers the maximum price.

If we consider the option of acquiring ownership of a plot from an individual or legal entity, even after the plot has previously been leased from a potential buyer, then it will be sufficient to indicate in the text of the lease agreement a rule on the possibility of purchasing the plot, as well as drawing up a simple agreement based on the results of termination of the lease agreement purchase and sale of a specific plot.

Thus, it is possible to purchase a land plot from lease .

To do this, it is enough to indicate in the lease agreement that such a purchase will subsequently be made. This issue is regulated in sufficient detail by law.

The procedure for purchasing a land plot from lease to ownership

Keep in mind that purchasing land for rent is quite difficult, since you need to prepare a certain number of documents:

A written application to the owner of the land with whom the lease agreement has been concluded for the purpose of purchasing the site under the terms of the lease agreement or in connection with the resulting user rights as the priority owner of the land;
Carrying out cadastral work in relation to the land to clarify the boundaries of the site, study the soil and carry out geodetic work to establish the cadastral value of the land;
Registration of a plot in the cadastre for the acquisition of documentation on the basis of which one can assert the existence of a land plot in order to carry out legal actions in relation to it;
If the owner of the land signs an agreement on the transfer of ownership rights in favor of the tenant, then it is necessary to consolidate such a decision by concluding a purchase and sale agreement including all possible and necessary conditions;
If an agreement for the purchase of a land plot is concluded, then it is necessary to register it in favor of the new owner of the land with amendments to the real estate cadastre.

When implementing each stage of the actions listed above, it will be necessary to prepare many documents, statements and statements, most of which must be completed in advance. At the same time, make sure that all the documents that the buyer and seller of the land have are true and not expired.

The legality and legal force of the transaction depends on correctly drawn up papers and the presence of documentary grounds for the exercise of a citizen’s right to purchase a land plot.

How to buy land from lease into ownership from the state

Be aware that the sequence of necessary actions to acquire land ownership from the state differs in some points from a similar procedure when the owner of the land is a private person.

Study the behavior algorithm if you need to obtain land ownership from the municipality:

Make an application to the local government body, presenting your passport and its copy, and you must bring with you cadastral documentation for the land plot, an agreement that serves as the basis for acquiring rights to the plot, prepare and bring a diagram of the land plot;
To the department of the Federal Service for Cartography and Registration of Land Plots with their registration with the state to confirm the implementation of the land surveying process and clarify boundaries if necessary. Based on the results of the inspections, employees of this service will issue documents with the technical characteristics of the site;
Make a request for permission to purchase a land plot from local authorities; most often, documents are submitted to the local administration or the head of the municipality. The head of administration must make a decision based on the request and provided papers from the applicant. If the decision is positive, the applicant receives a written copy of the decision and a paper with the indicated value of the plot of land that the applicant intends to purchase;
If the amount of the transaction for the acquisition of land from the state suits the applicant, then declare in writing the need for state registration of the transaction. At the same time, attach to the application a receipt with payment of the state fee and permission from the administration to sell land from state property. Don’t forget to take your Russian citizen’s passport with you;
After a month, it is necessary to receive documents on ownership of the land plot purchased from the state.

Based on the program for the privatization of land plots, it is permissible to acquire state land not as ownership, but on a leasehold basis with the opportunity to purchase the plot in the future.

Documents for purchasing land from lease to ownership

To understand the process of gradually purchasing land from lease to ownership, study the following points:

Draw up a document of an application or appeal to the owner of the land, which is leased from the applicant, indicating the intention to purchase a specific plot of land with certain technical and geographical parameters for a specified price. It is permissible to determine the amount of the security deposit to formalize a guaranteed redemption;
Collateral relations most often occur in a situation where the land tenant is the owner of immovable buildings on the leased land. This means that he has the right of priority purchaser to the specified plot;
A drawn up lease agreement for a plot of land with a list of attachments and documents that are necessary to confirm all the information included in the text of the documents;
Cadastral documentation with the mandatory presence of notarized copies of the cadastral passport and plan;
Documents that serve as confirmation of the decision made by the state representative to transfer rights to land in favor of a private person or organization;
Please note that in the process of registering land ownership, it is necessary to pay the state fee several times; payment receipts must be available.

There is a list of additional documents that will most often be required when registering land ownership, so study them in advance:

Documents confirming the status of the owner in relation to a specific plot of land;
If the seller or buyer has spouses, it is necessary to provide written permission from the spouses for the sale or purchase of real estate in the form of land, since the sale of a land plot can greatly change the structure of the family budget;
If the sale of a plot of land in one way or another affects the rights of a child under the age of 18, then written permission from the state guardian must be submitted;
Extracts from the FSSP and the Federal Tax Service stating that there are no arrests, restrictions, collateral or other encumbrances in relation to the plot of land.

If everything is prepared correctly, then enter into a contract for the sale and purchase of a land plot, then complete the state registration of ownership of the acquisition.

What documents will be required to make a buyout?

As mentioned above, the entire buyback procedure will be carried out in five large-scale steps. At each of them, a package of documents will be prepared confirming the legality of the entire process.

The key ones will be:

An application to the owner of the plot about the possibility of redemption (it must indicate both the physical and cadastral characteristics of the plot, the grounds for the procedure, as well as the amount of money that will be paid as collateral for the implementation of the entire procedure and guaranteed redemption;
The last section will be mandatory for those cases when the tenant of the plot has the right of priority acquisition of a land plot, for example, is the owner of a house, bathhouse or garage built on the plot);
Lease agreement for the plot with all available annexes (for example, an additional agreement, under the terms of which the possibility of repurchase is fixed);
Cadastral documents for the plot (cadastral passport, certified copies of the cadastral plan);
Documents confirming the possibility of carrying out a transaction (for example, a Resolution of the Head of Administration on the possibility of completing a purchase and sale, a preliminary agreement with the owner of the land plot, if we are talking about acquiring land from a private person);
Receipts for payment of government fees at each stage of registration of a new property right.

A sample application for the purchase of a land plot from lease can be downloaded here.

In addition to the listed documents, when registering a new transaction, additional ones may be required that can confirm the legality of the agreement being concluded.

These will include:

Title documents issued to the owner of the site (for example, a certificate of ownership and documents confirming the legality of its receipt - a purchase and sale agreement, a certificate of inheritance);
Consent of the spouse (for an individual) to complete the transaction (this may be required if the sale and purchase may have a significant impact on the family budget);
Documented consent of the guardianship and trusteeship authorities (in the event that the interests of minor family members may be affected during the transaction);
Documents confirming the absence of any debts or encumbrances on a specific site (for example, tax debts or restrictions on the operation of the site or on its turnover - restrictions on purchase and sale).

If all documents are prepared correctly, a purchase and sale agreement is concluded with subsequent registration of ownership.

Land purchase and sale agreement

The purchase and sale agreement becomes the document confirming ownership of the acquired plot of land. This means that it is necessary to carefully and correctly draw up the document in order to comply with all the necessary points and registration standards.

The basic requirements for a purchase and sale agreement in civil law are established by the Civil Code of the Russian Federation:

Details of the participants in the transaction depending on the number of parties;
A detailed description of the subject of the contract, taking into account technical and other characteristics;
List of reasons and circumstances that may be considered grounds for concluding a transaction;
Specified specific transaction amount;
Decree the period of validity of the contract, if provided for in the document;
Basic rights and obligations of the parties to the transaction, which must be fulfilled in all cases, except for force majeure circumstances, which also need to be described in detail;
All information about place of residence, registration of parties, contact information.

In order to correctly draw up an agreement for the acquisition of ownership of a plot of land that is previously leased, you need to take into account a lot of details. To ensure that the contract is legally binding, contact a professional lawyer for advice or to request that the document be drafted.

A month is allocated for drawing up an agreement; the land purchaser has the same period to study the proposed agreement for the acquisition of land.

What should be in the contract?

Since the registration of a certificate of ownership of the purchased plot must be carried out on the basis of documents confirming the legality of the actions being carried out, special attention must be paid to the drafting of the contract - in this case it will be the basis for the transfer of ownership.

The main sections that must be included in this document are strictly regulated by the Civil Code (namely Chapter 30 with articles 454 to 464, as well as articles 485-488).

Among these are:

Names of the parties to the agreement

In addition to the full names of the persons participating in the agreement, it is also necessary to indicate information about the representatives and documents that give them the right to enter into such an agreement.
These may include powers of attorney issued in the name of the representative and certified by the head of the organization or institution, extracts from the Charter, which record the right to sign contracts of various types.

For individuals, if they are acting on behalf of another individual, it is necessary to provide a notarized power of attorney, and if the purchase is made by a parent, guardian or legal representative of an incapacitated person, for example, due to not reaching the age of partial legal capacity, the person - documents confirming the right to represent the interests of such a person).

Subject of the agreement

This section should list in detail all the characteristics of a particular

plot (including cadastral information), which will help identify it when registering the transfer of ownership.

Thus, you will have to indicate not only the address of the acquired plot, but also its area, location, as well as those significant features of terrain orientation that are necessary to accurately determine the boundaries (for example, the location of buildings on the plot that can serve as landmarks for determining the boundaries).

Basis for concluding the contract

Here it will be enough to provide a link to a previously concluded lease agreement or an additional agreement to it, which stipulates the possibility of purchasing a specific land plot.

Purchase cost

In this section (its name may vary depending on with whom the contract is concluded, as well as on the wishes of the drafter), it is necessary not only to indicate the amount that the buyer is obliged to pay to the seller, but also to explain the procedure for mutual settlements for the purchase, and also to reflect the possibility making an advance payment for the execution of the contract (for example, so that the buyer is sure that he will get the plot, he can make up to thirty percent of the price of the plot as an advance to the seller. After concluding the contract, he transfers the remaining seventy).

Rights and obligations of the parties to the contract

This section of the concluded agreement fixes the rights and obligations of not only the seller, but also the buyer of the site, including if there are any encumbrances on it (for example, if there may be any archaeological monuments on the site - the remains of an ancient settlement or ancient cemetery, about which the seller guesses, but does not know for sure, the construction of a permanent structure on this land is possible only after appropriate archaeological excavations, and the admission of workers to the territory of the site becomes the direct responsibility of the buyer).

Possible force majeure circumstances

This part of the agreement should be entirely devoted to the circumstances under which the transaction may be declared invalid or the contract cannot be performed.

However, there is one essential requirement for this section: the circumstances must be of the nature of insurmountable obstacles for both parties involved. Otherwise, failure to fulfill the contract entails the imposition of penalties.

Full details of the participating parties

This section indicates both passport data (if we are talking about physical

persons), as well as information about the registration of a legal entity, its actual and legal address, bank details on the basis of which the calculation will be made.

The last, but also important section with which the agreement must be completed will be information about the time and place of signing of the parties, as well as about those persons who signed the agreement.

The importance of this section lies in the fact that only if all its columns are signed, in the event of controversial situations arising, the grounds for which were recorded even before the text of the document was signed, it can be challenged and even declared invalid.

Drawing up a purchase and sale agreement for a pre-leased plot is a very complex and troublesome matter, so it is best if it is developed by a professional lawyer.

It is for this reason that at least thirty calendar days are allotted for drawing up such an agreement (if this happens in the administration). The buyer has the right to use the same amount of time to familiarize himself with the text of the contract and sign it.

A sample land lease agreement with the right to purchase can be downloaded here.

Cost of purchasing land from lease to ownership

The cost of the transaction is absolutely important for both parties, which means you need to understand on what basis the cost of land for sale is formed.

There are 2 types of land value formation for selling a plot:

Calculation of the percentage value of the cadastral price of the plot in relation to the property being purchased into ownership. This method is valid in the case when a citizen buys a property located on a plot of land. In this case, the owner of the specified building has the right of priority redemption;
The method of taking into account the value of adjacent plots of land to calculate the average market value of a land plot.

Separately, remember that the cost of land is formed not only on the basis of the cost of objects and land, but also on the basis of the market situation in the country, the cost of land in the regions, depending on the quality of the soil and other circumstances.

The price per unit of land area consists of:

From the cost of land in the regions, which is formed based on the properties of the land, the complexity of cultivation, the quality of the land and the level of soil fertility;
From the market assessment of the value of similar real estate.

The options for determining the market value of a plot of land and determining the value based on cadastral data are similar. However, be aware that the average cadastral value options are very close to the market value and are used in these matters more often.

The final cost of a land plot varies greatly in price even among similar real estate properties, this is influenced by the following factors:

The final cost of land upon sale can be up to 60% of the initial price due to poor quality soil or poor location of the site;
For lands of federal significance, the cost of land redemption cannot be lower than 2.5% of the cadastral value;
If the owner or tenant changed the VRI of the land plot for sale, then the value can be updated, but not more than 80% of the cadastral value;
As a general rule, the seller can set a price for land within an increase of 20% of the cadastral value.

Keep in mind that the final cost of purchasing land consists not only of the price of the land, but also includes the costs of surveying, preparing documents, extracts, conducting examinations, and paying state duties.

If the average cost is calculated for the country, which is added to the price of land when purchasing it from a leasehold right, you will get an amount of 25,000 rubles. However, in some regions the amount may differ greatly from the average.

How to find out the cost

Since the price of the purchased plot is one of the determining factors that may influence the possibility of making a purchase, it is necessary to determine exactly how it is formed.

For the modern real estate market existing in the Russian Federation, there are two mechanisms for determining the value of property:

By calculating a percentage of the cadastral value of a particular property (for example, it will be applied when using the priority right to purchase a plot by the owner of a permanent structure on it).
By analyzing the market for similar real estate and calculating the cost of a specific plot based on the data obtained.

In both cases, the price will be formed based on the existing realities of the economic situation in this section of the market (the cadastral value is set at the average cost of one square meter of real estate:

in a specific region, based on the physical characteristics of a given group of sites;
market - based on the price of one square meter of a similar property).

That is, the mechanisms for calculating prices are similar, but the cadastral value is a more average option.

A deposit agreement when purchasing a land plot should not be confused with an advance payment agreement. Is it possible to be discharged to nowhere? Find out about this from our article. Are alcoholic neighbors causing a lot of trouble? Find out in what cases they can be evicted by reading our material.

Purchase of land from lease on preferential terms

Be aware that land users who have entered into a lease agreement for a long period or indefinitely for the implementation of individual housing construction or farming for personal needs can receive ownership of the land for 3% of the cadastral value of the site. To implement such an event, it is necessary to prepare a lot of documents and collect certificates, but for a tenant this is an excellent way to acquire ownership of a plot of land.

However, in order to qualify for a preferential purchase of land, the tenant must, during the entire lease term, use the land resource of the site in accordance with the agreement and environmental law, use the land for its intended purpose in accordance with the VRI.

If a citizen purchased land for individual housing construction, then during the period of operation it is prohibited to build commercial objects such as a cafe or store on the land. On the territory of such a site it is necessary to build exclusively residential buildings.

Please note that the right to exploit land also applies to a tenant who has not erected a building, but has carried out work on laying the foundation; in this case, the right to preferential acquisition of land is retained.

Refusal to purchase land from lease to ownership

There are circumstances in which the transfer of land into ownership from leasehold status is unacceptable due to the presence of restrictions on the site.

Such restrictions include the following:

Laws and other regulations directly prohibit the transfer of ownership of specific territories of a land mass;
If evidence is found that the owner violated the intended use of the land in relation to a plot of land when operating on a leasehold basis. The ban applies until the situation is corrected or the owner’s right to exploit the land is deprived;
There is a violation in the submission of documents, most often due to a lack of certain papers;
There are proven discrepancies between the documents and the actual state of affairs;
If the buyer is a participant in the bankruptcy process, then the refusal to purchase will follow immediately;
In relation to the plot of land, there is an unresolved ban on transfer to private ownership;
Lands of forest and water resources, lands of protective zones, and protected areas do not become the property.

Please know that all of the listed norms and rules apply to Russian citizens.

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