How to write an application for privatization?

What it is?

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Privatization, in essence, is the same as the transfer of land into ownership. However, in this case we are talking about municipal lands, which are most often registered with local authorities.

During this procedure, a documentary re-registration of ownership of one (or more) individual is carried out.

In this case, the citizen must use the site for a long time and have real estate on it that belongs to him.

Free services

The federal “dacha amnesty” law made it possible to privatize land free of charge only to individuals. The acts have changed since 2006. Free privatization includes territories that were transferred into ownership before 2001

.
Since that time, the Land Code has been in effect
. For commercial plots, ownership is provided free of charge.

These include:

• cottage for construction;
• garden Garden;
• leased plots for housing construction;
• subsidiary farm.

Free registration rights are granted to:

• several owners (in identical parts);
• in case of joint ownership;
• owner of the land plot.

Such plots do not require a local government decision to transfer the land into private ownership. To register please submit:

• cadastral passport;
• paper confirming the allocation of land;
• if the type of permitted use is not specified, permission must be provided from the Administration of the district in which the facility is located.

In order to receive unpaid services during land privatization, you simply need to register ownership. You submit an application to the land department on the territory of your land plot

. If the place is located in the territory of a protected forest, then a ban is imposed and an evidentiary fact is issued. This also applies to other protected areas.

There are many nuances in the laws, due to which you often have to pay extra money to the state. To understand how much it costs to privatize a land plot, you need to take into account problematic issues that may arise during privatization:

1. Technical errors in documents.
2. Arrival of a geodetic team for examination.
3. Organization of purchase and sale.
4. Formation of a boundary plan, setting land boundaries.
5. Consent of neighbors.
6. In the absence of a cadastral passport, its registration.
7. Division of land with relatives.
8. Lack of records about the site in Rossreestr.

In order to avoid errors in technical documentation, it is better to contact a professional. This will speed up the whole process.

Good luck to you! Guzel Minyazova

An application for land privatization means an official document drawn up by several or one citizen in the form of an appeal to an official, government agency, local government body or administration of an institution regarding the granting of permission to privatize land.

Unlike a document such as a complaint, the reason for drawing up an application is not associated with a violation of the rights and interests of citizens and does not imply the indication of direct requests to eliminate such a violation.

It is compiled only for the purpose of realizing the rights and interests of the applicant or for the purpose of eliminating any kind of identified deficiencies in the activities of institutions/organizations/enterprises.

The application form can be either written or oral. The procedure followed when considering them is quite similar to the procedure for considering complaints.

In order to exercise your civil right and privatize real estate (in this case, we mean a plot of land), you must submit a corresponding application to the district administration, according to the official templates of such a document, requesting the privatization of a certain plot.

For this purpose, a separate form is filled out, which indicates personal information about the applicant, including his address and passport details, as well as TIN.

The corresponding line indicates the size of the land plot and its intended purpose in accordance with which it will be used.

The application must be accompanied by additional documentation previously completed in relation to the site. If a certain building is located on the territory of the site, a document used to certify ownership of it.

If the land plot is registered in the cadastre, a cadastral land plan must also be attached.

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Law

The Federal Law “On Dacha Amnesty” made some changes to the Land Code of the Russian Federation. They made it possible to streamline relations in the system of transferring property rights to citizens.

Only after the adoption of these amendments, the procedure for the privatization of municipal plots began to be carried out legally. Before this, citizens had to use alternative methods to obtain ownership of the allocated land.

Also, the process of privatization of land plots is regulated by:

• Federal Law No. 178 on privatization;
• Federal Law No. 122 on state registration;
• Land Code.

According to the first legislative document on the list, all plots on which real estate owned by citizens is located must be either privatized or leased. According to it, refusal to privatize by way of buyout can be announced only in strictly specified cases.

Application for privatization

A sample application for privatization of a land plot, apartment or other real estate is submitted to the local administration.

The document has several features when registering each property. But the general format is identical.

Apartments

You can register ownership of an apartment only if it is in social rental status.

The application must contain:

• details of all applicants;
• possibility of privatization actions;
• location of the property;
• all persons registered there.

It is also worth noting the property rights that all citizens chose for the privatized property.

The price of privatization of land under the garage is determined by current legislation. Is it possible to privatize a staircase landing in an apartment building? See here.

Land plot

The land plot is also subject to registration of privatization. Every citizen can independently exercise this right free of charge once in his life.

All of the above information must be included in the application. Additionally, it is worth noting in the application the presence of land surveying and boundaries of the site.

Privatization is possible only if there is a properly registered property on the land plot.

Garage

It is possible to register a garage as a property only if there is a corresponding application. Every person has the right to obtain such a right, but only if the conditions for obtaining permission are met.

Additionally, the application indicates the ownership before registration of the procedure, a package of attached documents.

Land under the garage

The land plot under the garage, as a rule, is subject to proper redemption. To do this, an application of the established form is submitted to the local government.

After obtaining permission and drawing up a purchase and sale agreement, you can formalize privatization.

The document contains information about the garage, the square footage of the plot, and the availability of property rights. The purchase and sale document is also attached here.

Dacha plot

A dacha plot can be privatized in accordance with the Land Code and the Dacha Amnesty Law. It is necessary to carry out land surveying to establish property boundaries.

Every citizen has the right to register this without any problems if all legal requirements are met.

Additionally, the application indicates the land surveying procedure carried out, the right to property and free privatization, and the grounds for this.

Privatization of land

To carry out privatization of a land plot, it is necessary that it meet certain parameters. Few people know that you can register ownership not only of a plot with a private house, but also of other types of land, including under a garage and even under a high-rise building.

Under a private house

You can get a plot of land for a private house for use on the basis of the privatization law. In addition, a citizen has the opportunity to obtain a long-term lease. In this case, the building itself can be obtained in any way.

The main thing is that the house has documentation that meets legal requirements.

With home

If a citizen has residential real estate, he has the right to submit an application to the local administration for the transfer of property. In this case, he can receive the land located under his house, along with other private buildings belonging to him.

On average, it takes about two weeks to consider this issue. At the end of the specified period, a verdict is made on the possibility of privatization, after which documents can be drawn up.

In a gardening partnership

Those who own a house in a garden association are luckier than other owners of residential buildings. The fact is that with the adoption of the “Dacha Amnesty” in 2020, the process of registering such houses has become much easier. To do this, just submit an application to the district administration.

For rent

Not all tenants can obtain ownership of a plot of land. This right is available only to those who executed an agreement before the privatization law came into effect. This provision is indicated in articles 20 and 21 of the legislative document.

According to them, only those citizens who received a plot of land free of charge before the document came into force have the right to a free procedure.

Under the garage

To privatize the land under the garage, you will need to provide proof that the building is owned. It is enough to register the garage. After this, all that remains is to carry out cadastral accounting procedures.

Under an apartment building

If the residents of a high-rise building want to privatize the land under their house, they will need to hold a meeting. At the event, you need to elect the chairman of the HOA. It is he who will deal with the registration of property and in the future resolve important issues.

An application for privatization is submitted to local authorities. After this, a BTI examination is carried out, which will make it possible to identify the boundaries of the privatized site.

At the end of the procedure, a cadastral passport of the land owned by the residents of the house is issued.

Find out where to start privatizing an apartment. What is the required list of documents for privatization? See here.

How to privatize a land plot

What is land privatization? This question worries probably every citizen of our country. So, this procedure involves the transfer of land ownership from state ownership to private ownership. This gives a person not only all the rights to dispose of the site, but also imposes certain obligations to pay taxes, use it for its intended purpose, etc.). In this article, we will look in detail at how and why to privatize land, and also figure out who may be denied this.

Land Code of Russia;

How to privatize land and the list of required documents

The procedure for privatizing land according to the general procedure is carried out on the basis of land legislation. However, some categories of land (dacha plots) can be registered as property on the basis of other regulations.

As soon as the type of land plot is selected and its ownership is determined, it is necessary to contact the body that registers real estate - Rossreestr. The whole procedure is carried out in several stages:

First of all, you need to submit an application to the municipality (territorial land committee) about the issue of privatization (it should indicate the following information - the future purpose of using the land plot, its square footage, location, etc.). See sample application below. After submitting the application, you must contact the appropriate authority to carry out cadastral work (land surveying, establishing boundaries, assigning an identification number to the plot, issuing a cadastral passport, etc.). Further, after receiving approval of the privatization procedure from the municipal body (resolution of the head of the Administration), the applicant can collect all additional documents and apply to the Russian Register to register the right to the land plot.

Application for privatization of a land plot. Sample (24.0 KiB, 242 hits)

For more detailed information about the required documents, you should first contact the registration authority.

Procedure

The procedure for privatizing a land plot may differ slightly. But the main actions include the following:

1. Preliminary preparation of all necessary documents. A complete list will be presented below, but you should still clarify with the local administration what kind of documentation will be required in an individual case.
2. Ordering an extract from the Unified State Register - based on this document, it will become clear which department of government agencies you will have to contact. If the land plot belongs to the municipality, you can submit an application for privatization to the local administration. If the object is the property of the state, then you have to visit the land relations department.
3. Submitting an application to the owner of the land plot - the document indicates the desire to obtain ownership of the land free of charge. To do this, write an application addressed to the owner, and also attach all the collected documents, where the main documents will include the basis documents - contracts and other agreements under which the applicant has the right to use the land.
4. Consideration of the application - this stage may take up to a month. On average, consideration of requests from citizens is carried out within 2 weeks - during this time, the object is studied (the possibility of its privatization), as well as the authenticity of all submitted documents is verified.
5. A positive decision entails further actions - the future owner must contact the Cadastral Chamber to obtain a license plate and passport. At the same stage, land surveying is required - defining boundaries - if measurements have not been taken in the last 5 years. A negative decision should result in the future owners going to court. There can be a variety of reasons for this, where to a greater extent one has to prove one’s innocence through legal proceedings. Based on a court decision in favor of the plaintiff, the owners also apply to the Cadastral Chamber. A negative decision may also entail the mandatory elimination of errors that were identified during the audit.
6. Registration of property rights in Rosreestr - for this, after registration of all documents in the Cadastral Chamber, a state fee is paid. You should contact Rosreestr with a receipt and a package of documents to prepare certificates of ownership. The new status of the land plot is registered in Rosreestr.

This concludes the procedure for privatizing a land plot. If necessary, you will need to additionally contact the appropriate authorities - it all depends on the situation.

What documents are needed for land privatization.

Opportunity to buy

The acquisition of land for money can be carried out upon application. Cases of sale of state plots are prescribed in 39.3 of the Land Code of the Russian Federation. The following situations may be grounds for a positive answer:

1. The tenant built a house on a plot with a permitted use for individual housing construction, or private private plots. Put it into operation. In this case, the municipality will give the plot for 3% of the cadastral value.
2. Winning the opportunity to purchase at a special auction. It is initiated either by the administration or the buyer. The cost will be determined during the auction and depends on the interest of other parties. The start is determined by the owner. The actual price may exceed the actual market value.
3. A citizen of the Russian Federation who is the director of a peasant farm may request ownership of the land necessary for his activities on a paid basis. Consent and price depend on the decision of the local head of administration. As a rule, land is valued at its cadastral value or close to it.
4. If there is an empty plot that is not taken into account by the cadastre, then you can ask for its sale at the cadastral price.

I would like to draw your attention to the fact that in practice, local governments are often inactive. Therefore, if you really want to purchase a plot, do not hesitate and achieve your goal. Don't let officials do nothing. By law, the local municipality is required to respond to you within a month. But the first instance where you should go to hold people accountable for inaction is the prosecutor’s office.

It is initiated either by the administration or the buyer.

Registration procedure

Registration of land ownership through privatization can be carried out in several ways:

1. By purchasing the plot.
2. Through free privatization in a simplified or administrative manner.
3. Through the courts after the relevant decision has been made.

The step-by-step instructions for free privatization are quite simple. The entire operation can be carried out in five stages:

1. Collection of all necessary documents.
2. Submission of papers.
3. Cadastral registration.
4. Obtaining a decision from the authorized body.
5. Registration of property.

Required documents

In 2020, to undergo privatization, a citizen will need to collect the following documents:

1. Application for free privatization.
2. Passport.
3. Notarized consent of the spouse (if the applicant is married).
4. Papers establishing the right to use the site.
5. Cadastral passport of the plot and extract from the Unified State Register. If necessary, confirmation of the absence of a number will be required.

Also, if the land was received free of charge for a period of 6 years, you will need to draw up an additional statement waiving this right.

Large families, in addition to the above, must submit a document confirming the existence of conditions allowing them to receive land.

Statement

An application for land privatization does not have a clearly defined form. However, there is a list of information that must be contained in the document.

So, the paper must indicate:

1. Personal data of the applicant, as well as all family members.
2. The grounds on which a citizen can own a plot of land.
3. Request for a free method of re-registration.
4. Boundary data.

After this, the document must be signed by all citizens who have expressed a desire to privatize the specified plot. If a citizen does not know where to start, he can draw up an application using the sample.

A sample application for privatization of a land plot is here.

Is it possible by proxy?

It is possible to transfer documents by proxy. To do this, you will need to draw up a trust document and have it certified by a notary.

Its content must indicate that the citizen gives the right to a third party to carry out actions on his behalf.

A sample power of attorney for privatization is here.

Sample application for privatization of a land plot under a house

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• Instructions for the privatization of land plots under a private house
• Who has the right to privatize land plots?
• Documentation
• Where does the privatization of land plots under a house begin?
• Where to privatize a storage unit?
• How to make an application?
• Required documents for the application
• Procedure and rules of privatization
• What is the price?
• Documents on the topic of the article

Instructions for the privatization of land plots under a private house Civil and Land legislation are guided by the norms according to which the land follows the fate of the capital structure located on its surface.

Privatization time frame From the moment a citizen submits an application for privatization to local authorities until permission is received, no more than 14 days pass. Within one month, a cadastral passport of the site is prepared.

Important

Within 7 days after presenting the cadastral passport, an agreement for the purchase of land must be concluded between the citizen and the administration. On average, the entire privatization process can take from 6 to 9 months.

Sometimes local authorities postpone for some reason the deadline for concluding a purchase and sale agreement with the owner of the land plot (despite the fact that all documents had previously been correctly completed and approved).

The procedure for privatization of a land plot

• Documents justifying the transfer of ownership rights to the land plot.
• List of documents attached to the application.
• statements here. The procedure for privatization of land A large number of Russian citizens at a certain time became the owners of treasured suburban acres due to the fact that enterprises allocated dacha land plots to their employees. At that time, it was enough to have membership in gardening associations (how to privatize) and at the same time have a small piece of cultivable land. Changes came after 2006, when, by Federal Law, the Government obliged all people who own plots of land to become their owners by registering property rights. Since then, it has come to be called the “dacha amnesty,” although it concerns not only dacha plots.

We draw up an application for privatization of a land plot

After the decision of the administration or court in favor of the owner is received, he will need to contact the local branch of Rosreestr to carry out registration.

A similar registration authority is the multifunctional center (MFC).

How to make an application? An application setting out a request for the provision of ownership of land plots free of charge is submitted to the head of the executive committee. It states:

1. Information about the owner and type of land right, indicating the date or period of allotment (registration of lease).
2. Cadastral and technical characteristics of the local area, location address.
3. The characteristics of the building are succinctly listed, with an emphasis on the fact that the house belongs to a private owner and is located on a designated plot.
4. Indicate the bona fide ownership of the plot, the absence of land tax debts.

Privatization of a land plot: sample application, procedure for registration

Attention

In this case, the title documents include:

1. Certificates and acts of administration decisions on the allocation of land plots for the prescribed use.
2. A lease agreement with the municipality, which was concluded for a long term, earlier than 3 years before submitting the application.

A sample resolution on the issuance of a land plot in MS-Word format is also available on the website. If such documents are missing, they need to be restored by submitting an application to the local executive committee or obtain a court decision if the administration refuses to restore them.

If the plot is not registered, a land survey should be carried out, highlighting the boundaries of the land plot in nature and agreeing on them with the neighbors in an act. Based on the land survey, register the local area and obtain a title certificate of the type of right and a cadastral passport.

The procedure for drawing up an application for privatization of a land plot

It is filled out at the place of application. The application form must state:

1. Name of the local body Ros Register.
2. Personal data of the citizen submitting the application, his registration address, TIN, passport details.
3. Applicant's contact information.
4. Size and cadastral number of the plot.
5. The purpose of its further use.
6. Address landmarks of the site, allowing you to determine its location.
7. Category of land on which the site is located.
8. Information about existing encumbrances.
9. Type of use right (for example, lease).
10. Documents certifying this right (for example, a lease agreement).
11. The number and characteristics of existing buildings on the land plot.
12. Documents of ownership of these buildings.
13. Information recorded in the act of alienation of land plots from the state.

How to draw up an application for privatization of a land plot

At the same time, it is important to take into account that a non-privatized land plot does not actually belong to the citizen. Therefore, it will be impossible to carry out a number of actions with it - sale, purchase, inheritance.

The process of registering ownership rights to property of this type, taking into account all the necessary actions, usually takes no more than 30 days. This period is determined by law. It should be noted that if this is exceeded, a citizen has the right to go to court to protect his rights to carry out the privatization process.

Important nuances There is a list of categories of land the privatization of which is prohibited by law.

Details of land privatization: procedure and rules

After a citizen registers his property on a land plot, he receives the right to make transactions with it, including commercial ones (sell or lease to someone at his own discretion), build a house and outbuildings on it, and use it according to the category of purpose. The legislation does not limit people in the number of land plots privatized from the state for a fee. Their price is calculated based on several parameters:

1. Cost of memory.
2. The amount of land tax, which depends on the category of land, the size of the land plot, etc.

What do you need? In order for a person to have the right to dispose of a memory (for example, to sell), it must be his property. The privatization procedure itself varies in different cases.

This largely depends on the category of land on which the land plot is located. You can find out how the allocation of a share of a land plot from common shared ownership takes place in the article at the link.

For a private house, documents must be received no earlier than 5 years before the application.

They are obtained from the BTI, having previously invited a technician to carry out an inventory of the house and surrounding area. If the documentation package is complete, it is permissible to contact the authorized body directly.

Where to privatize a storage unit? The place of privatization is the administration of the locality where the private house is located. In case of refusal, it is possible to challenge the negative decision of the municipality by filing a statement of claim with the district court, also at the location of the property (Article 35 of the Arbitration Procedure Code of the Russian Federation). Statement of claim for recognition of ownership of a land plot. Arbitration Procedure Code of the Russian Federation, Article 35.

• Violations of town planning regulations in the territory on which the land plot is located.
• To simplify the procedure for legalizing land plots for citizens, in government service departments. registration, an electronic registration form was introduced. Thus, every citizen can submit an application on the Ros Register website to register ownership of their plot. On the same website you can find out the cadastral value of your plot, which will be required to determine the amount of tax. Shares and common plots For co-owners of land in shares, common plots, as well as citizens who received land under a simplified procedure and built houses on it, the privatization procedure becomes somewhat more complicated. With this form of ownership, individual plots will not have their own cadastral number. To obtain it, it will be necessary to conduct land surveying and coordinate the boundaries of their plots with neighbors.

It is important to remember that you should not violate the rights of minors and the legally incompetent, since in this case the privatization deal will be declared illegal and re-negotiated on new terms. Most often, various types of legal proceedings and disputes arise precisely due to the violation of the rights of persons who also have the right to privatization, but do not participate in it.

That is why, before applying for this procedure, you need to consult with a qualified lawyer. In this way, a variety of difficulties can be avoided.

Where to apply The privatization procedure involves contacting a number of different institutions to draw up documents for transferring property into personal ownership.

• accompanying conditions;
• how to compose correctly;
• Attached documents;
• cost of the procedure;
• submission deadline;
• important nuances;
• what is regulated.

Accompanying conditions In order to carry out the privatization process and, in general, the very fact of accepting an application, it will be necessary to fulfill a number of different conditions. The standard set of these currently includes:

1. The state duty of the established amount has been paid.
2. All necessary documents have been collected.
3. The land plot is not included in the territory, the privatization of which is expressly prohibited by the legislation of the Russian Federation.
4. A citizen has the right to participate in the privatization process.
5. All documents are drawn up correctly, in compliance with basic conditions.

It should be taken into account that the list of legal grounds for refusal is quite limited.

Source: https://kodeks-alania.ru/obrazets-zayavleniya-na-privatizatsiyu-zemelnogo-uchastka-pod-domom/

Registration of ownership

The final stage of privatization is the registration of property rights. This procedure is carried out by the Register branch located at the address of the privatized plot.

The following must be submitted to the registration authorities:

• statement;
• passport of the citizen who submitted the application;
• municipal decision on the possibility of providing a site for privatization;
• receipt of payment of state duty.

If the documents are drawn up correctly, the citizen will receive an extract from the Unified State Register of Real Estate, which will confirm the completion of registration. Typically, checking papers and drawing up an extract takes no more than 10 days.

What is the price?

The most interesting way for citizens is the opportunity to carry out the procedure free of charge. This outcome is possible if:

• the site falls within the parameters of Federal Law No. 93 and can be registered according to a simplified scheme;
• a residential building has been erected on the land, which is in operation and registered in accordance with the law;
• The plot is specially allocated for individual residential construction or farming.

Also, privileged categories of citizens can privatize land free of charge:

• large families;
• heroes of the USSR and the Russian Federation;
• veterans and participants of the Second World War;
• children left without parental care.

Other socially vulnerable segments of the population can also undergo the free procedure. But it is worth noting that even a free procedure is subject to a state duty, which is 350 rubles.

In addition, after successful privatization, the owner of the land will receive notifications about land tax. It is 0.3% of the cadastral value of owned land.

Read how much it costs to privatize an apartment. How to register the privatization of an apartment in the MFC? Information here.

What is the procedure for privatizing a garden plot? Details in this article.

Reasons for refusal

As mentioned above, according to Federal Law No. 178, in order to refuse privatization, certain conditions must be met.

Thus, a citizen will not be able to register ownership of a plot of land if it belongs to:

• protected areas and parks of national importance;
• sanitary areas;
• forest or water resources;
• limited in circulation or completely withdrawn from it;
• FSB facilities;
• nuclear waste storage sites.

Also, ownership cannot be transferred to areas on the territory of which there are buildings related to cultural heritage or having military purposes.

In addition to the listed points, a refusal can also be obtained if there are already government construction plans on the site or if it will be withdrawn from circulation in the near future.

If a refusal is received, a citizen can go to court or buy the land from the state. The first method is very difficult and costly, both in terms of time and finances. At the same time, winning such a case is extremely problematic, especially with poor knowledge of the law.