Documents for adding land in 2021

The addition of a plot of land is a procedure for increasing the boundaries of an existing property through the unauthorized addition of plots located in close proximity to it. In view of the increase in land holdings acquired by unauthorized means, the government decided to regulate and streamline this procedure.

In order to streamline the process of land acquisition, the Government of the Russian Federation introduced a number of amendments to land legislation, which entered into force on March 1, 2015. As a result, the Land Code of the Russian Federation was supplemented with a chapter that controls the process of land acquisition, called redistribution, and makes it possible to legitimize plots occupied without permission. Based on the above, redistribution of land ownership means cutting off a plot of land in a legal way.

Procedure for registration of “cut-offs”

Owners of land intended for gardening, vegetable gardening, individual housing construction, country houses and personal subsidiary plots have the right to submit such applications.

There are three main restrictions:

The maximum lot size established for a given permitted use and for a given area shall not be exceeded. That is, the new allotment formed after the addition of the “addition” cannot be larger than the approved limit.

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Such requirements are prescribed in the rules of development and land use for all territories and apply to any “redistributed” plot that falls within the boundaries of the relevant municipality. Such norms are in force from the moment they are approved by local deputies by their decisions. In particular, for the Volokolamsk district of the Moscow region, the necessary Decision of the Council of Deputies was adopted on July 15, 2004 under number 61-8 (as amended on November 3, 2006).

The newly formed site must be located within the boundaries of one settlement or municipal entity (according to the Land Code of the Russian Federation, Article 11.9, paragraph 3).
The procedure for the official annexation of additional land can only be carried out if the original plot has precisely established boundaries and information about this is entered into the cadastre (according to the Land Code of the Russian Federation, Article 39.29, paragraph 9, paragraph 10).

Registration of “additions” is carried out on the basis of an agreement between the authorized body (municipal structure whose competence includes the disposal of state lands) and the applicant. In the Moscow Region, such rights are vested in the Government of the Moscow Region and the state departments that were entrusted with such responsibility (according to Law of the Moscow Region No. 106 of July 24, 2014). Those wishing to expand their plot using municipal land should contact these authorities. At the same time, they should draw up an application, submit title documents (copies) for the corresponding plot, as well as a project for surveying the territory to which the plot belongs (according to the Land Code of the Russian Federation, Article 39.29). If there is no land surveying project, then the applicant must order the production of a plot location diagram at his own expense. Such a document is carried out by a cadastral engineer using geodetic survey data (according to the Land Code of the Russian Federation, article 11.3).

The decision to approve a new plot layout or refusal to formalize an accession agreement is made by the authorized body within 30 calendar days from the date of submission of all documents. A detailed list of grounds for refusal is contained in the Land Code of the Russian Federation (Article 39.29, paragraph 9).

For example, citizens are not allowed to “cut” plots whose turnover is limited, which are put up for auction or reserved for municipal and federal needs. When redistribution affects the rights of owners, users, tenants or mortgagees of land, the procedure is possible only after obtaining their consent. However, the Land Code of the Russian Federation does not contain rules for resolving disputes between several applicants for the same plot.

If the authorized body makes a positive decision on the official redistribution of land, its owner should organize the cadastral registration of the newly formed plots and pay for the corresponding services (according to the Land Code of the Russian Federation, Article 39.29, paragraph 11).

After issuing a cadastral passport, it must be submitted to the authorized body. Then a redistribution agreement is drawn up, which is certified by a representative of the municipality and sent to the applicant. The citizen is given 30 days to review the received document and sign it (according to the Land Code of the Russian Federation, Article 39.29). Payment for the annexed plot in the amount of 50% of its cadastral value is made no later than one month from the date of signing the agreement. The law does not provide for deferment or installment payment.

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Legal offers comprehensive services for the transfer into the ownership of clients of land plots owned by municipalities (“additions”).

Our work includes:

topographic survey;
drawing up a site layout diagram and its approval by all authorized authorities;
preparation and submission of a package of documents necessary to obtain ownership rights in relation to the newly formed allotment;
land surveying, cadastral registration of the formed area;
official registration of the transfer of ownership (registration is carried out by the Volokolamsk department of Rosreestr for the Moscow region);
receiving ready documents.

How much does it cost to register land acquisition?

The increase purchased from municipal authorities is assessed based on the cadastral valuation of land ownership, and is equal to 15% of its size, in cases where the plot is classified as federal property and the area being cut is no more than that established by specific regulations on the maximum limit, and if the area exceeds by more than 10% of the maximum allowable size, the payment amount is calculated according to the full cadastral valuation, in accordance with the Decree of the Government of the Russian Federation No. 1308 of December 3, 2014.

For territories that are regional holdings or undemarcated state-owned lands, the amount is determined by municipal authorities, depending on the location, however, it is usually similar to the assessment of land holdings in federal ownership, and is 15% of the cadastre assessment (if the property complies with the requirements for permissible within the size of the land).

If data on the area of land ownership is known, the amount of future costs can be easily calculated. Information on the value according to the cadastre is contained in the cadastral passport of the real estate. If you don’t have it on hand, use the public cadastral map on the Rosreestr website or visit the local administration.

Making payments for the addition to land ownership in installments or with a deferment is not allowed. At the same time, remember that the costs of performing this procedure are significantly lower than the market price of the plots being sold, commensurate in area.

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The addition of a land property is considered to be an increase in the boundaries of the existing area through the unauthorized annexation of adjacent territories.

Considering that the number of unauthorized lands was rapidly increasing, the Russian Government adopted amendments to the Land Code of the Russian Federation, which came into force on March 1, 2015.

They introduced into legislation the concept of redistribution of land territories, that is, the addition of land legally.

Thus, any person who has an allotment received or acquired for vegetable gardening, horticulture, agricultural activities, or the construction of a personal home has the right to apply for the legalization of municipal territory.

Grounds for refusal to redistribute land

The grounds for refusal to conclude an agreement on the redistribution of land plots are the inconsistency of the submitted application with cases of redistribution of land plots, which are provided for by law:

lack of consent of third parties, stated in writing, if the cut-off area is burdened with their rights, for example, a mortgage from a bank that requires approval from it; on the cut-off site there is a building or structure, an object of unfinished construction, owned by the municipality or the state, or owned by citizens or legal entities;
the cut-off area refers to municipal or state lands withdrawn from circulation or limited in circulation; the cut-off area refers to lands reserved for state or municipal needs;
for the cut-off area, a decision has been prepared to hold an auction with the publication of a notice of the holding and preliminary approval for its provision has been completed and the validity period of the decision has not yet expired; another application for preliminary approval for its provision has already been submitted for the cut-off area, but decisions have not yet been made either in agreeing and approving the layout scheme, or in refusing (as many like to say, “whoever stood up first, got his slippers”);
the area of the cut-off plot will increase the area of the one formed by its merger with the main one, exceeding by more than 10% the established size of the maximum areas of land plots; the cut section cannot be considered as an “additive” and must be formed as an independent one;
the boundaries of the main area to which the extension is planned require clarification, that is, if the main area is not demarcated; inconsistency with the layout of the land plot.

How to add land to an existing site

The redistribution of territories is carried out through the consistent implementation of measures, the implementation of which can guarantee a positive result:

Drawing up and submitting an application. It should contain the following information:
cadastral numbering of land areas involved in the addition;
information about the land surveying project (if it will be carried out on the basis of the project);
contact details of the person applying.
Preparation of the necessary documentation. Send it along with the application to the local municipality. Papers can be sent electronically or on paper.
Consideration of the appeal and making a decision on it. In the absence of violations of the requirements established by land legislation, a decision may be made to approve the land layout plan. In this case, the applicant is sent approval for the execution of an agreement on the annexation of additional land based on the survey project. Municipal authorities may refuse to redistribute land for the reasons established in paragraph 9 of Art. 39.29 of the Land Code of the Russian Federation.
After receiving approval, the person ensures that the necessary work is carried out to account for the land objects created as a result of the increase. To do this, you must contact the cadastral chamber with a corresponding application.
Within one month, an agreement on the accession of additional space is prepared and sent to the applicant for signatures. This must be done no later than thirty days.
The signed agreement must be submitted for registration to Rosreestr and an extract from the unified register must be obtained confirming the owner’s rights to the newly formed plot.

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What to do if land redistribution in Moscow is refused

In the Moscow region as a whole, there is now a pronounced problem with increasing land plots due to redistribution (additions). First of all, I recommend having on hand any documents related to the land, as well as answers to your requests to the Administration. It would also be a good idea to have a land lawyer (unfortunately, in Moscow this is difficult or quite costly and not guaranteed).

Next you can try the following:

If the land plot is without land surveying, then first you will need to do a land survey and only then deal with the issue of registering an increase in the area of the land plot.
Without a territory surveying project (TMP), it will not be possible to formalize the addition of a land plot on the territory of Moscow or New Moscow. Development or adjustment of PMT is a mandatory stage. To do this, it is necessary to prepare a layout diagram of the land plot, which displays the original land plot + the one to be cut + geodetic coordinates. After receiving the Order to develop a PMT, it is necessary to develop a PMT. The development of PMT is carried out by cadastral engineers or Moskomarkhitektura.
Next, contact the Moskomarkhitektura to approve the developed PMT, contact the DGI and the district commission.
Next are public hearings, again the DGI for the final approval of the PMT and receipt of the Order, as well as the approved PMT itself.
Next, cadastral work is carried out with an application to the DGI for an order on the formation of a land plot by redistributing boundaries on the basis of the PMT, the formation of a boundary plan, and an appeal to Rosreestr with an order from the DGI.
After which, with the received extracts, you contact the DGI for redemption of the memory.

How many acres can be added to a plot of land?

free of charge without bidding if this “additional” share is of a size not exceeding the minimum size of the plot determined for objects of a specific purpose. This rule is provided for in Art. 27 of the Law “On the State Real Estate Cadastre”.

For example, for the construction of dachas in the main part of the subjects of the state, a standard territory size of 6 acres is provided. Therefore, it will be possible to legalize no more than 6 additional acres.

But for the area for individual housing construction, no more than 3 acres are allocated, and it will be possible to increase it only by this amount, which is actually already used.

How to formalize an agreement on the redistribution of land between owners

Step 1 - Assess the chances and risks

First, study the documents on the redistributed plots. Request information from the State Real Estate Cadastre in the form of an extract from the Unified State Register of Real Estate. The main thing is to find out whether the plots belong to the same municipality and confirm the fact of their contiguity. Only in these cases does it make sense to start the procedure.

If, during redistribution, one of the owners receives a reduced plot, he is paid compensation specified in the agreement. I recommend that you agree on this point in advance with all parties to the agreement.

Step 2 - conclude an agreement between the owners

Since several individuals are involved in the procedure for dividing a land plot between owners, all work begins with the conclusion of an agreement. If there is no such document, then this is a slightly different judicial procedure. The number of persons participating in redistribution is not limited by law.

An agreement on the redistribution of land plots between owners must contain the following information:

Information about the owner of the land plot: full name, passport details, residential address;
Data on the land plot undergoing redistribution: area, location, cadastral number, category of land, date and place of registration of rights to real estate, identification data of the certificate of registration of ownership;
Data on new land plots transferred to the owners of previous lands. The same standard characteristics are indicated as for the previous sections. If several land units are transferred, then all information on each of them is provided.

Land redistribution scheme - example

Let's give some example.
The owners of adjacent lands in the village of Pavel and Peter turned to the land management organization to conduct a cadastral survey, prepare and carry out boundary work of their territories, without revealing the true motives. After paying for the work and receiving ready-made documentation, the men prepared and submitted to Rosreestr an application for registration of the areas, while redistributing them. Within the prescribed period, they were given a refusal, since the new areas did not meet the requirements of land legislation and by-laws of municipal acts.

It turned out that during the redistribution, the territory of Pavel was significantly reduced, and this cannot be done, since a residential building was erected on it, and the area under it cannot become less than 0.6 hectares.

Subsequently, the men had to re-apply to the survey organization to conduct a repeat topographic survey, taking into account the established requirements. And then they were given new documentation for their plots.

Is it possible to trim the same section in several stages?

Let’s say there is a state-owned plot adjacent to the land you own, which is not registered in the cadastral register. Is it possible to make an addition to a state plot within 10%, and then repeat the procedure until the state land plot is completely “exhausted”?

Personally, I don’t see anything illegal in this. However, it is better to resolve this issue specifically on the spot and with a cadastral engineer. The owner of the land plot can determine the fate of this land plot in any way not prohibited by law, namely: increase, decrease, divide, allocate, donate, sell, etc. The only thing that should be taken into account is that the site being formed does not exceed the permissible area limits (see the PZZ of your municipality), and also corresponds to the type of its permitted use.

Required documents

To carry out the process, you must provide the following documents:

civil passports of the applicants;
agreement on annexation of additional area;
application to the registration service;
technical information on objects;
title documents for land property.

Arbitrage practice

The Supreme Court clarified the rules for dividing land plots in cases that most often occur (during divorce, receiving an inheritance, etc.). In these situations, the size of land plots after the division process is of great importance. According to the law, the owner can receive his plot only if all the shares received after the division meet the established standards for the intended use. For example, dividing a garden plot can only be done if in the future all parts can be used for the same purpose.

Explanations of the correct division of land were given when the judicial panel for civil cases of the RF Armed Forces reviewed a land dispute that occurred on the territory of the Volgograd region. The essence of this case is as follows: a citizen decided through the court to obtain the allocation of part of a plot of land and a house, which were in common ownership of several people.

The plaintiff owned 2/3 of the land and home ownership, and the other 1/3 belonged to the woman. After the death of the owners, its part passed to the heir. According to the BTI passport, the area of the plot was 506 sq.m., and the house - 70.1 sq.m. This land was intended for horticultural purposes, therefore, when dividing it, it was necessary to comply with the permissible parameters for the continued use of the shares for the same purpose. However, the heir was not satisfied with such a division, and he filed a counterclaim against the plaintiff in order to divide the property according to his own version. But the court decided in favor of the plaintiff, giving him 337.3 sq.m. land, and the heir - 167.7 sq.m. The same decision was upheld on appeal.

When making such a decision, the Volgograd local court relied on ownership shares, but the Supreme Court did not agree with this. He explained his decision in Article 1. Land Code. It states that the division of plots owned by several people at once can be carried out using different methods. New plots can be allocated from existing ones or redistributed from existing plots, as well as sold or given away. The division of shares is also the allocation of a plot. At the same time, both the new and the remaining parts continue to be considered sections, but with new boundaries. The owner of the allocated share becomes the full owner of the individual plot, and the owners of the remaining parts of the plot remain the owners of shares of the common property. However, despite the methods of division, the original intended purpose of the land and all parts separated from it must be observed. The law also stipulates the maximum and minimum sizes of new plots.

In 1996, a plenum of the Supreme Arbitration and Supreme Courts was held, at which the Civil Code was discussed. Article 252 of the Civil Code of the Russian Federation states that the court may refuse to divide common property according to shares, if in this case all the resulting plots cannot continue to be used for their intended purpose. In this case, it is considered that the common property is damaged.

The Supreme Court clarified that the same thing is recorded in the Law “On the State Real Estate Cadastre”. It says that the cadastral authority may refuse to register a land plot if the divided shares do not correspond to the sizes specified in the law (minimum and maximum). Based on the above laws, the Judicial Collegium for Civil Cases comes to the conclusion that the allocation of a part of a land plot that is in common ownership is possible only if the intended use and permitted areas are observed during the division.

The Land Code states that the minimum and maximum sizes of plots can be established only by town planning regulations. And the Town Planning Code states that the size and rules of land use are established by local authorities. In the case discussed above, it was necessary to rely on the resolution of the Volga City Duma of the VO, according to which the maximum plot size can be 0.2 hectares, and the minimum - 0.02 hectares. That is, the part of the land allocated to the defendant with an area of 167.7 sq.m. does not comply with this resolution. This became the reason for the review of this land dispute by decree of the Supreme Court of the Russian Federation.