Urgent purchase of land in Moscow and the Moscow region

With the adoption of the Constitution of the Russian Federation in 1993, citizens and organizations have the right to acquire federal or municipal land as their own. And in 1997, the Land Code was introduced, containing land use rules. But in our country, legislative acts are constantly undergoing changes, and in order to purchase land from state property, you need to have current information for 2021 and know all the nuances of acquiring land.

The problem is that many Internet portals contain outdated or unreliable information, due to which citizens cannot obtain plots of land even on a paid basis and correctly register their ownership.

This article contains information about in what cases state-owned plots can be purchased, how the purchase procedure occurs, how much it will cost and how to calculate. We will also provide step-by-step instructions describing each stage.

Why should you contact us to purchase a plot of land?

Selling a plot of land in Moscow or the Moscow region as usual is a rather troublesome and costly task. You will need:

Enter into an agreement with a real estate company and reduce your profits by a significant percentage or do everything yourself.
Spend time and money showing the property to buyers. Few are willing to part with significant amounts of money without even seeing such a property.
Give advertisements constantly, raise them regularly, pay for promotion, because otherwise no one will know about you.
Bargain with potential buyers, delve into the intricacies of the transaction.
Take into account all the potential risks that the seller still has.

When contacting a real estate agency, you will not have any risks. You simply provide us with documents for the land plot, receive an advance, complete the transaction and receive the rest of the funds. Minimal participation is required from you. There will be no need to be distracted from current affairs. Moreover, the process itself will take only a couple of weeks, and not several months or more.

It is worth noting that our real estate agency offers particularly favorable terms of cooperation:

You receive an advance payment within 24 hours after providing a complete package of documents. Often money can be transferred faster.
The whole process takes about 2 weeks. This is an order of magnitude faster than a regular sale. And the specified time is determined only by the period required to register the transfer of ownership of real estate.
Transactions worth up to 12 million are approved automatically if there is a complete package of documents and everything is in order. If the land plot is more expensive, the conclusion of such a transaction can be discussed with our employees individually.
We buy any land plots that are located within 50 km from the Moscow Ring Road.
If you have any problems with paperwork, we are always ready to help. To do this, you can contact our employees and clarify the details. Our staff consists of experienced realtors who are well-versed in relevant issues.
With us you can be sure that the deal will not fall through. If you have received an advance payment, we will no longer refuse to purchase or sell the plot.
You will receive a reasoned response on the very first day of your application.
We can sell several plots or properties at the same time in a short period of time. We have allocated significant sums for the purchase of such property; funds are always available. This means you won't have to wait long or compete with other sellers on the market.

Step-by-step instruction

Purchasing state-owned land is somewhat different from buying and selling plots between owners. However, this method of purchasing real estate is much safer. After all, when buying federal or municipal land, you can be sure that it has one owner - the state, and after the conclusion of the DCT, no pitfalls will appear.

If the purchase of a private property starts with browsing bulletin boards, then you will find public real estate directly at the Municipal Administration. Also, if redemption is possible only through an auction, then you can use the official website containing information about the auction - https://torgi.gov.ru.

Having selected a plot to purchase, you can proceed to the redemption procedure.

Submitting an application

The future owner submits an application for the provision of land for a fee or for admission to the auction to the local government body.

The statement states:

Name of the authority.
The applicant's full name, address and telephone number.
The purpose of the application is to provide ownership of the land plot for a fee.
Details of the requested plot - category, intended purpose, address, area, cadastral number.
Purpose of using the memory.

Sample application for the purchase of land

application for an auction

You can submit a completed application yourself, by mail or through a representative. The MFC also helps citizens with many requests. You can write an application and hand over a package of documents to an employee of the local center.

However, contacting the head of the Administration directly remains the most relevant way. Because “on the spot” they can immediately tell you about the missing documents or even tell you whether you have a chance of purchasing the requested land.

Documentation

The following documents must be provided with the application:

A copy of the applicant's passport.
Power of attorney and a copy of the passport of the authorized person (if applying through a representative).
Lease agreement, free use (if any).
Documents for registered real estate located on the site (if any).

For legal entities, the package of documents looks like this:

A copy of the representative's passport.
Power of attorney.
Certificate of state registration (copy).
A copy of the charter.

You can also provide a cadastral passport of the land plot, an extract from the Unified State Register of Real Estate, a map of the plot and any documents that may influence the Administration’s decision to sell the plot to you.

Answer

After the documents are accepted, your application must be reviewed no later than 30 days. The local government will make a decision and notify you in writing. The answer may be positive - the redemption is approved or you are allowed to participate in the auction, or negative - a refusal to buy back or participate in the auction.

Reasons for refusal:

A person who does not have the right to repurchase has applied.
There were errors in the application.
Relevant documents were not provided.
On the land plot there are buildings belonging to a municipality, a constituent entity of the Russian Federation or the Russian Federation.
The memory is in use by another person or is intended for the state. needs.
Provided by legal. person to develop the territory.
The memory has been withdrawn or limited from circulation.
The auction was held in violation.

Of course, when the refusal occurred due to the inattention of the applicant, then no disputes arise. But if such a response is not justified or you have doubts, you can always appeal it. There are 2 options for this:

pre-trial – resolving the issue by contacting the administration;
judicial - filing a claim in court.

Before starting disputes with the Administration, describe your situation in the chat on the right. Our specialist will study it and help you choose a rational way to solve the problem absolutely free of charge.

Conclusion of an agreement

After a positive decision from the administration or victory at the auction, the Administration provides the applicant with a purchase and sale agreement for the land plot. Having signed such an agreement, the buyer can contact Rosreestr and register ownership of the land.

Registration in Rosreestr

By signing the contract, the buyer acquired the right to register the purchased land as ownership. To do this, he provides his passport and DCT to the territorial office of Rosreestr. However, this government service is not free. For registration of ownership of a land plot, a state fee of 350 rubles is provided. (clause 24. clause 1 of article 333.33 of the Tax Code of the Russian Federation). It is not necessary to provide a receipt, but if payment is not received, then you will not receive a USRN extract confirming your rights.

What land plots do we buy?

Our company is interested in purchasing any land plots, regardless of their specifics. This means the following:

They can be located anywhere within 50 km from the Moscow Ring Road. That is, for us it is not particularly important to be close to a populated area, highway, attractions, etc.
We purchase land plots both with and without outbuildings.
This can be a property to which communications have already been carried out, or land to which they still need to be carried out.
We are interested in purchasing land plots of any shape and any size.
This may be a plot of land for development or exclusively for agricultural needs.

Of course, all of these factors are important for assessing the value of such property. But they do not affect the fact of the ransom.

Purchase price of the memory

State land is always more attractive for purchase. This is due not only to the legal purity of the site, but also to its price. As a rule, such land is much cheaper than that of private owners.

Currently, it is possible to purchase land at the cadastral value (CV), below it, or based on the results of auctions. The latter does not require detailed description. Since the price for the plot is set by the buyer himself.

As for repurchase at a price below KS, the law establishes:

50% of the CS for disabled people and pensioners.
From 20% to 60% for tenants of purchased land plots.
80% for redemption with a change in category or purpose of storage.

For citizens who have used the memory for more than 10 years and who own a cap. buildings on the purchased plot, the cost can be reduced to 2.5%.

How is the price of a land plot determined?

Our real estate agency offers up to 95% of the market value. Please note that we focus on market value, not cadastral value. The latter can often be lower or simply not correspond to the realities of reality, since it is determined using standardized methods for a large number of similar real estate properties in a particular region.

So, when setting the redemption price, we take into account the following:

Land area.
Features of the layout. For example, if an area is overly elongated or irregular in shape, this may create problems during its operation.
Distance from major highways. If the site is located too far away, development will be problematic, which means additional costs and reduces its attractiveness. However, if the site literally faces the highway, then this harms the environment and increases the noise level. Therefore, the best option is a short distance.
Carrying out communications to the site. As you might guess, if everything is connected, then such a site will cost more. Documents on permission to carry out communications also raise the price, even if the work itself has not yet been completed.
Availability of a permit for capital construction. This document can be difficult to obtain, so its execution is a serious plus.
General condition of the site. For example, the quality of the land, swampiness, work that needs to be carried out before construction or before starting operation in another way. The dependence is quite simple. In particular, the more funds required to be invested, the lower the price of such a plot will be.
The presence of outbuildings, a garage, a cellar, and other objects that may be useful. It should be taken into account that if such property can be used, then this is a plus. But if everything needs to be demolished and the site needs to be cleared, the price of real estate will fall.
The site is located on the territory of protected dachas or a high-comfort village. If the entrance to the territory is well lit and controlled, this immediately increases the value of land in the area.
Distance from populated areas. Plots in the Moscow region, which are located not very far from certain settlements, are valued more expensive.
Having your own water source. For example, a well with artesian water. Naturally, this increases the cost of such real estate.
Infrastructure condition. If the site is located on the territory of an elite cottage community, with pharmacies, shops, bank branches, and first aid stations nearby, the cost of such real estate will be much higher than if we are talking about an uninhabited area.

It should be noted that all of the above is assessed comprehensively. If you want to get an accurate calculation, please contact us. We will certainly help.

Disadvantages of urgent land purchase

Urgent sale of real estate to an agency involves the transfer of ownership of a land plot from the owner to an individual (realtor) or legal entity (firm). And here we must take into account the nuances associated with taxation.
The purchase price will be 30-50% lower than the market price - and this is the main disadvantage. You will immediately be offered 30-40% of the market value of the land, and if the land is encumbered or its lease period is ending, then the offer is quite adequate. But if the plot is liquid (among residential buildings, with gas and electricity) - bargain.

What documents need to be provided for a land plot?

To sell a land plot, you must provide a complete package of documents. We are talking about the following:

Identity card of the owner or owners. If there are several owners, consent from each is required to conclude such a transaction.
A title document that confirms ownership of a plot. For example, a purchase and sale agreement, a gift agreement, or a document recording the fact of inheritance.
Permission from the guardianship and trusteeship authorities, if ownership was also registered in the name of a minor. In this case, you must provide the original document.
Permission from the spouse in writing if the plot was purchased during marriage. Instead of this document, you can provide a divorce certificate and documents from the court that confirm the division of property. Another option is to present a marriage contract, which establishes a separate property ownership regime.
Boundary plan of the site. It must have clearly defined boundaries.
Cadastral passport of the plot. It is advisable to provide this document if it was completed before 2021.
Extract from the Unified State Register of Real Estate. This is another document that also confirms ownership. It reduces title risks during the transaction. If the ownership right arose before 2021, then in this case you need to provide a certificate of registration of such a right.
Certificate of absence of debts to the partnership. This document is not always needed, but only if there is a partnership (for example, a dacha).
A document confirming the absence of debts for utility services. This is relevant if communications are already connected to the site, and the owner used water, electricity, etc.

Above is a standard list of documents. In some cases it may be expanded. You can learn even more by talking to our employees. In any case, we buy all types of land plots. Always happy to help.

Who has the right to buyout

The priority right to purchase a plot of land has the citizen or legal entity that is currently renting the plot. This situation provides 2 options:

the presence of a structure owned by the leased territory (Article 36 of the Land Code of the Russian Federation);
long-term lease of land without permanent buildings erected on it.

If a building built on leased land belongs to several owners, then the plot can only be purchased jointly (in shared ownership).
Russian legislation provides that citizens living in a given locality have the right to free allocation of land. If you do not want to waste time waiting, a citizen can submit an application to purchase the desired plot.

Legislative basis

The sale of land owned by the state or municipality is carried out through an auction, bidding or without them - all this is regulated by Article 39.3 of the Land Code of the Russian Federation.

Download Article 39.3. Cases of sale of land plots in state or municipal ownership, at auction and without auction (20.6 KiB, 745 hits)

Let's consider cases in which a land plot is sold without auction:

The state or municipality enters into an agreement with the citizen for the comprehensive development of the land, after which they provide a plot of land for rent.
If the allotment is formed from land plots provided by non-profit organizations whose goal is the comprehensive development of dacha farming for individual housing construction, gardening, and vegetable gardening.
An allotment that is formed due to the division of land by a non-profit organization. The purpose of this organization is the construction of individual housing construction, which will subsequently be classified as property for general use.
If they are formed as a result of the division of land provided by a legal entity. person for the development of dacha farming. Also, the allotment provided must be in the nature of commonly used property.
If there are buildings or structures on it. All cases with the location of any buildings on such a land plot are considered in Art. 39.20 Land Code of the Russian Federation .
A plot of land is provided to citizens for individual housing construction or personal subsidiary plots, dacha farming, gardening, vegetable gardening within the territorial boundaries of a city, town (territorial unit).
If a physical and legal persons the agricultural land was used within 3 years from the date of conclusion of the lease agreement, and there were no violations of the contractual clauses or other violations of the rules of land supervision, then a purchase and sale agreement is concluded on the land plot at the end of the lease agreement.

Download Article 39.20. Features of the provision of a land plot in state or municipal ownership on which a building or structure is located (19.1 KiB, 1,360 hits)

Please note: sometimes local self-government bodies provide land with the subsequent purchase of the land and buildings located on it. The purchase in these cases is complicated by the fact that during the entire rental period not a single clause of the contract must be violated.

The full list is provided in the article.

Download the Land Code of the Russian Federation Federal Law No. 136 (4.1 MiB, 1,081 hits)

Next, we will consider the conditions that involve the transfer of a leased land plot to private ownership.

These include:

The issued territory is leased, which is accordingly secured by the lease agreement;
The loan was issued to a citizen or legal entity for unlimited use;
The plot is exploited on the basis of lifelong hereditary ownership rights.

Please note: construction can be at the initial stage, the main thing is that the foundation has been laid. The land located under the foundation of the future building is transferred to the ownership of the owner of the building. Also keep in mind that the property is subject to registration as unfinished construction.

Purchase of land under a building or structure. Issues of land privatization.

Who has the right to purchase the land on which the building or structure is located? Under what conditions can a public entity be obliged to enter into a purchase and sale agreement for a plot of land under a building and structures? When refusal to provide a land plot be legal?

These issues concern the owners of buildings and structures located on land plots that are state or municipal property. This review examines some of the problems associated with the privatization (purchase) of such land plots.

The regulatory basis for the possibility of purchasing a land plot owned by the state or municipality is Art. 39.20 of the Land Code of the Russian Federation ( Code of the Russian Federation ). Part 1 art. 39.20 of the Land Code of the Russian Federation provides that, unless otherwise established by this article or another federal law, the exclusive right to acquire land plots for ownership or lease.

Thus, no one other than the owner of buildings and structures located on such land plots has the right to demand their purchase from a public entity. In addition, exceptions to the general rule can only be established by Art. 39.20 of the Land Code of the Russian Federation, as well as federal law, i.e. neither the constituent entities of the federation, nor the Government of the Russian Federation or ministries and departments can limit the exclusive right to acquire land plots .

First question.

When is there no exclusive right to acquire a land plot?

The courts proceed from the fact that with restrictions on the turnover of land plots , they cannot be purchased by the owners of buildings and structures located on them.

Let us turn to the legal positions of the courts.

Ruling of the Supreme Court of the Russian Federation dated October 3, 2017 in case No. 307-KG17-5121.

Legal position

Article 27 of the Land Code establishes cases of restriction of the turnover of land plots. Paragraph 12 of Article 85 of the Land Code provides for a ban public land plots occupied by squares, streets, driveways, highways, embankments, squares, boulevards, water bodies, beaches and other objects that may be included in various territorial zones. A similar rule is contained in paragraph 8 of Article 28 of the Federal Law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property.”

In this case, the Supreme Court of the Russian Federation came to the conclusion that there is a principle of primacy of the master plan over the rules of land use and development , as a fundamental document of territorial planning that determines the strategy of urban development of territories and contains long-term guidelines for their development.

When considering the case, the administration pointed out that the disputed land plot, according to the general plan of the city of Tver, approved by the decision of the Tver City Duma dated December 25, 2012 No. 193 (394), belongs to the green space zone, and is also intended to form a street road network and is classified to public lands.

The RF Supreme Court overturned the judicial acts in the case, since the courts did not examine the master plan . If it turns out that the plaintiff’s land plot, according to the master plan, belongs to public lands , then the plaintiff does not have the right to privatize it. In other words, even if you own a building or structure, but the land plot is located on lands whose turnover is limited, the courts may recognize that you do not have the right to buy it out (privatization )

Determination of the Supreme Court of the Russian Federation dated November 1, 2017 N 25-КГ17-18

According to paragraph 1 of Article 39.20 of the Land Code of the Russian Federation, unless otherwise established by this article or other federal law, citizens and legal entities who are the owners of buildings and structures located on such land plots have the exclusive right to acquire land plots for ownership or lease.

At the same time, Article 27 of the Land Code of the Russian Federation establishes that land plots classified as lands with limited circulation are not provided for private ownership, except in cases established by federal laws (clause 2).

The circulation of state or municipally owned land plots, including those located in the first and second belts of sanitary protection zones of water bodies used for drinking and domestic water supply purposes, is limited (subclause 14 of clause 5).

The federal law providing for cases of granting private ownership of land plots located in the first and second zones of sanitary protection zones of water bodies used for drinking and domestic water supply has not been adopted.

Second question.

Can an applicant be denied ownership of a land plot if its size is larger than that required for the operation of buildings and structures located on it?

Let us assume that the area of the building located on a land plot is 1,000 sq.m., and for its operation a land plot of 1,500 sq.m. is required. If the owner of a building located on a land plot of 3,000 sq.m. If he applies for ownership of such a plot of land, he may be refused.

Let us turn to the legal positions of the courts.

According to the legal position of the Presidium of the Supreme Arbitration Court of the Russian Federation, set out in Resolution No. 13535/10 dated 03/01/2011, the owner of a real estate property, demanding the provision of a land plot under the property for ownership , must provide evidence confirming the need to use the land plot of the requested area for the operation of the acquired facilities real estate, including for stated purposes .

Resolution of the Arbitration Court of the North-Western District dated 04/06/2017 N F07-2216/2017 in case N A56-34470/2016 (the court was guided by the above-mentioned legal position):

The courts reasonably assumed that the area of the land plot the land plot owned by the Company . At the same time, the area of the leased land plot is equal to 7,929 square meters. m was determined on the basis of a planning project with a territory surveying project, based on the location of a retail trade facility with an area of 7,540 sq. m. on this site. m, standard landscaping, a minimum number of parking spaces for storing individual vehicles and for storing freight vehicles for the purpose of servicing a retail trade facility with an area of 7,540 sq. m. m, and not an object with an area of 743 sq. m. The courts rightly referred to the fact that the Company, when applying to the Committee for the purchase of a land plot, did not provide evidence of the construction of an object on the site, for the placement and operation of which the entire site is needed, and did not provide evidence that for the maintenance of the retail facility it owned trade area of 743 sq. m requires the requested land plot with an area of 7,949 sq. m. m.

The legal position of the Supreme Arbitration Court of the Russian Federation , which was set out above, is also contained in the ruling of the Supreme Court of the Russian Federation dated April 26, 2016 N 64-KG16-2 , which states that the burden of proving the required size of the land plot subject to redemption rests with the person wishing to buy it.

How to prove the validity of the size of the land plot. Courts accept expert opinions as evidence. In addition, as part of the consideration of the case, you can apply for the appointment of a forensic examination

Let's give examples.

Resolution of the Arbitration Court of the North-Western District dated November 29, 2017 N F07-12755/2017 in case N A56-21490/2017

The courts found that, as evidence confirming the validity of the requested area, the Company presented a Conclusion according to which such area is normatively necessary for the operation of the buildings of the sports complex with an indoor hockey rink located on the site, since taking into account the purpose of these objects and the features of their use for their maintenance auxiliary facilities are required: a place for organizational gatherings of athletes, parking for cars and buses (car spaces), a container site for the collection and removal of solid household waste, fire entrances, driveways, sidewalks - while maintaining the acceptable level of landscaping, which is reflected in diagram (appendix to the Conclusion).

Resolution of the Arbitration Court of the North-Western District dated December 26, 2017 N F07-13264/2017 in case N A56-42604/2016

The court of first instance, in order to determine the possibility of dividing the disputed land plot and forming a site under buildings owned by the Company, by a ruling dated January 20, 2017, appointed an examination, which was carried out by the experts of the limited liability company "Partnership of Experts of the North-West" - expert builder Nikolai Nikolaevich Stepanov and cadastral engineer Marat Rakhimovich Galeev.

According to the expert opinion dated 03/02/2017 N 17, the existing layout of the land plot with cadastral number 47:07:0120001:0014 meets the goals of servicing the production base with the sawmill and construction shop buildings located on the site; the existing dimensions of the site meet the requirements of building codes and regulations, fire safety rules; the relative location of objects and their target relationship do not allow the formation within the boundaries of an existing site of one or more independent sites that are not connected to each other, meet all legal requirements for independent sites, and also do not interfere with the functioning of the enterprise.

Third question.

Does a person who intends to buy a land plot have the right to challenge its value?

When concluding a contract for the sale and purchase of a land plot located in state or municipal ownership, without holding a tender, the price of such a land plot cannot exceed its cadastral value or another amount of the price of the land plot, if established by federal law (clause 3 of Article 39.4 of the Land Code of the Russian Federation ).

Thus, the cadastral value of a land plot is important for determining the price of its redemption, which accordingly entails the right of an interested party to challenge the cadastral value of a land plot .

Ruling of the Supreme Court of the Russian Federation dated September 14, 2015 N 16-APG15-33

The reference in the appeal is that Kozlov A.A. does not have the right to challenge the cadastral value , is based on an incorrect interpretation of the rules of substantive law, since, as explained in paragraph 8 of paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 30, 2015 N 28 “On some issues that arise when courts consider cases challenging the results of a determination cadastral value of real estate objects,” a person who has the exclusive right to purchase or lease a land plot located in state or municipal ownership has the right to challenge its cadastral value if the redemption price or rent of such a plot is calculated based on its cadastral value. At the same time, the fact that the applicant has rent arrears does not exclude his right to apply to the court to challenge the cadastral value.

In reality, of course, in practice many questions arise related to the privatization of land plots under buildings and structures. Here I have listed just a few of the problems that require the participation of a qualified lawyer or lawyer to successfully resolve them.

Procedure for urgent purchase of real estate

When selling real estate, whether it is an urgent sale or not, do a cost assessment procedure. The assessment can be carried out with the involvement of an independent expert or a specialist from a real estate agency. Invite a land surveyor, so you will get the real cost, taking into account all the features.
If the terms of the transaction are satisfactory to both parties, you will be asked to sign a preliminary purchase and sale agreement. Then you will be invited to re-register with the justice system.
After registering the transaction with RosReestr, you will receive the amount specified in the contract, and the agency will own the land plot.