Step-by-step instructions: how to save on purchasing land from state lease

Land lease: who has the right to own the land

In Russia, two types of owners usually rent land. The first are farmers and large agricultural holdings

. They take agricultural land for temporary use and grow various crops on it. Now the demand for land is very high, especially in the Krasnodar region - the breadbasket of Russia. But in the Central Federal District (CFD), the demand for land has increased over the last year or two. I will say right away that it is not entirely profitable for the state to sell this land; it is much more profitable to rent it out. Indeed, in this case, it can dictate its terms to the tenant.

But I still advise, if all the conditions are met - the plot has been leased for more than three years, there are no violations in land use, debts and a moratorium on the purchase of agricultural land in a given Russian region - to buy it. Thus, it is no longer the state, but the owner, for example, the owner of a peasant farm (peasant farm) who will dictate the terms in case a large agricultural holding wants to buy it out.

And the second type of owner is the owner of commercial real estate built on state land

. And here, too, there are formalities that must be observed. You can buy land if all the buildings located on it belong to one owner - the future buyer. It is important to remember that in cities, as well as in other populated areas, only land with buildings and structures already built on it can be purchased for commercial real estate.

How to change the category of land in the Moscow region

In the Moscow region, as in other regions of the country, each piece of land belongs to a certain category. This category determines the intended purpose of the land and, as a result, the type of permitted use. Taken together, these characteristics determine the possibilities for using land in accordance with territorial planning and urban zoning documents. The category of land is established in accordance with the approved master plan of the municipality. The assignment and transfer of most of the privately owned land in the Moscow region is carried out by local governments in agreement with the regional government. To learn how to change the category of a site and what documents are needed for this, read the material on the mosreg.ru portal.

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What are the categories of land?

In the Land Code of the Russian Federation, all lands are divided into the following categories:

agricultural land;
lands of populated areas;
lands of industry, energy, transport, communications, radio broadcasting, television, computer science, lands for space activities, lands of defense, security and lands of other special purposes;
lands of specially protected areas and objects;
forest fund lands;
water fund lands;
reserve lands.

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Which categories can you transfer from?

Local governments largely provide services for the transfer of private lands of the following categories: lands of industry and other special purposes, as well as lands of specially protected areas and facilities.

They can be translated into the following categories:

agricultural land;
lands for industry and other special purposes;
lands of specially protected areas and objects.

The transfer of land from one category to another for other categories is carried out by the Government of the Russian Federation (in relation to lands in federal ownership) and executive authorities of the constituent entities of the Russian Federation (in relation to lands owned by the constituent entities of the Russian Federation and agricultural lands).

In this regard, the transfer of agricultural land is carried out by the government of the Moscow region.

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Procedure and terms of service provision

The service is provided to both individuals and legal entities, as well as individual entrepreneurs. The maximum period for providing the service is 28 working days.

Registration of the application and set of documents is completed within 1 business day. An application for the provision of services can be submitted through the regional portal of state and municipal services (RPGU).

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Required documents

To receive the service you will need the following documents:

application for the transfer of land from one category to another (about the assignment of land to a certain category);
identification document of the applicant;
consent of the owner of the land plot to transfer it from one category of land to another (provided if an application for transfer of a land plot from one category to another or assignment of a land plot to a certain category, the ownership of which is registered, is made by an applicant who is not the owner of this plot, or the owner who is a participant in the common shared ownership of the land plot);
title and title documents for a land plot (if they are issued before March 2, 1998. These can be state acts on the right of lifelong inheritable ownership of land plots, the right of permanent (perpetual) use of land plots in the forms approved by the Resolution of the Council of Ministers of the RSFSR of September 17 1991 No. 493, certificates of land ownership in the form approved by Decree of the Government of the Russian Federation of March 19, 1992 No. 177);
a document certifying the authority of the representative (if the application is submitted by a representative of the applicant).

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Reduced service delivery time

According to the Minister of Property Relations of the Moscow Region, Andrei Averkiev, this service is one of the most popular in the region, and the period for its provision should soon be reduced by more than half.

Currently, the service for changing the category of land is one of the three most popular among the population. Now you can change the category within 28 working days, but in the fourth quarter of this year they plan to reduce this period to 13 working days.

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What to do when a commercial building is owned and the land is leased

The logical answer is to buy the land

. But there is a list of lands that cannot be purchased from the state under any circumstances. It includes environmental lands, lands owned by the Ministry of Defense, withdrawn from circulation and urban settlement areas. You cannot buy them, but you can rent them. There are also restrictions on lands near water bodies and historical landmarks.

But, if the land meets all legal parameters for redemption

, then you can begin procedural actions and contact government agencies with a ransom application with the documents attached to it. Then you have to wait for a response from government agencies, and they often tend to delay it, because whatever one may say, it is not profitable for the state to sell its land to someone.

If you follow the simple path and do not try to reduce the cost of land purchased from state lease, then in this case you can wait a month for a decision. When questions arise regarding boundaries or related to the type of permitted construction, the process drags on for up to six months. If there are unauthorized buildings on the ground

, the decision may even take up to a year, because these buildings will need to be registered and put into operation.

Procedure and procedure for purchasing a land plot from lease

In Russia, each city has a specific list of requirements that allow the purchase of a land plot from state lease.

The cost of repurchase of leased land varies and depends on the cadastral value of the land plots. For example, in the Moscow region

the redemption amount is 15% of the cadastral value, in
Moscow
- 100%, in
the Voronezh
region - 100%, in
the Kursk
region - 50%, in
the Belgorod
- 100%, in
the Oryol region
- 60%. In order to find out this figure, you need to refer to regional legislation.

As practice shows, the cadastral value of a land plot is often overestimated. In this case, you should try to lower it. This is possible, although at first glance it sounds implausible.

To do this, it will be necessary to change the type of permitted construction, which will reduce the cadastral value

. There are special techniques that, unfortunately, are not familiar to all lawyers working in the field of land legislation. But knowing them, there is a real opportunity to buy land from state lease at 10 times cheaper than its cost. And practice proves this. Unfortunately, no one explains this to the owners who themselves, without helpers, turn to government agencies.

How to correctly transfer a plot leased from the administration - legislative nuances

The right of any citizen or legal entity to buy land is indicated in the Civil Code, Land Code and several Federal laws.

Before you begin to transfer the plot into ownership, you must first register ownership of the real estate. This is done in several steps:

Obtaining a construction registration certificate from the BTI;
creation of a technical plan of the building based on data from the technical passport;
registration of the building in the cadastre;
registration of the property right itself.

When the building officially belongs to the applicant, you need to contact the administration to buy the leased land located underneath it.

In 2015, amendments were made to the Land Code, after the adoption of which some nuances appeared.

Municipal structures, such as villages, hamlets, towns, are the owners of land and have the right to sell it.

It is allowed to lease a plot of land with a subsequent right of purchase without bidding if:

This is a plot for individual housing construction or private plots (within the boundaries of a settlement), or land for gardening, farming, or dacha farming;
land for private plots, vegetable gardens, hayfields outside the populated area.

The purchase price is a percentage of the cadastral value for agricultural land if the following conditions are met:

The lease agreement is concluded for 3 or more years;
an application for the purchase of land is submitted before the expiration of the lease period;
there were no violations of the terms of the contract on the part of the tenant.

In some regions, after 10-15 years of rent, the buyout amount becomes significantly less or can even be taken out for free. Also in a number of regions, these include Primorsky, Khabarovsk Territories, Saratov, Pskov and some other regions, land is initially given to farmers for free.

Step-by-step instructions for registering land from lease to ownership

The first step is collecting documents. The owner will need a statement of desire to purchase the land to government agencies, a passport, documents indicating the legal basis for the use of the land, a cadastral passport indicating the established boundaries and value, an assessment report, a technical plan and an extract from the Unified State Register of Real Estate.
The second step is that if you do not have a cadastral passport, you will need to register. If you do not know whether it exists or not, then you can request a cadastral extract from the MFC and provide a boundary plan to secure the boundaries of the site.
The third step is to contact the administration of the municipality, whose department includes the land.
The fourth step is concluding an agreement for the purchase of land from state lease.
The fifth step is to register the transaction.

In essence, after this the former tenant of the land becomes its legal owner.

Keep in mind that at each stage of the redemption you will need to pay a state fee

Land transfer procedure

The general procedure is:

An application with the required package of documents is submitted to the local government authority. Within 10 days, a check is made to see whether the application meets all the requirements and whether all papers are attached;
within a month from the date of filing the application, the authorized body sends a draft purchase and sale agreement (in triplicate);
a contract is concluded and payment is made;
registration of ownership of this plot of land is carried out.

Application – where to take it, how to fill it out

The application must contain the following information:

Full name, address of the applicant, passport details of the applicant
for legal entities – name and location of the applicant, OGRN;
cadastral number of the purchased plot;
grounds for the provision of a land plot - reference to clause 2 of Art. 39.3 and art. 39.20 of the Land Code,
purpose of use of the allotment;
postal, email address.

You can submit an application through the MFC, in person at the administration office or by mail.

The application must be accompanied by:

confirmation of ownership (if this right is not registered in the Unified State Register) or an extract from the Unified State Register;
a list of all structures and buildings that are located on the site, indicating their cadastral numbers and address landmarks;
lease contract;
resolution of the head of the local administration on the provision of land for rent;
cadastral passports for the site and for the building;
If documents are submitted through a representative, a power of attorney is required.

Agreement - how to draw up and register

The contract must contain the following sections:

date, place of detention;
passport details;
the subject of the contract itself;
information about the allotment – its cadastral data, area, location, etc.;
transaction amount, amount to be paid;
duties and responsibilities of the parties to the transaction.

Mandatory state registration of the transaction must be carried out.

Process cost

The price of a plot is a certain percentage of its cadastral value, and this value depends on the region where the plot is located.

The lowest rate - 2.5 percent - for the purchase of lands from federal property;
if there are buildings on the territory - the rate is up to 60%;
if the purpose of the land changes - 80% of the cadastral value;
if the intended purpose does not change, the rate is lower - up to 20 percent.

Difficulties that may arise and why is it better to turn to specialists?

The most unpleasant thing is when they can refuse the ransom

. This can happen due to incorrectly executed documents, inaccuracies in numbers and unreliable information provided to government agencies. Rest assured, they check the papers with particular corrosiveness.

At some stage, the owner will have to hire a cadastral engineer, designer, lawyer and appraiser

. Therefore, we advise you to hire lawyers highly specialized in land issues, because it is almost impossible to overcome this thorny path alone.