The issue of privatization of land for residential buildings has been controversial over the past few years. The legislative framework is changing rapidly. Therefore, new rules and procedure are being introduced.
The transfer of land from the state to private hands has become much easier. Now the privatization of the territory located under the house is carried out free of charge. After the procedure, the person receives the right to dispose of the land.
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It is worth remembering that a land plot is considered not only the part of the land on which the house stands, but also the surrounding area. In order to easily obtain the right to use it, you need to find out the procedure.
Registration of a local area: procedure
| Organization of a general meeting of residents | The owners of apartments in the buildings to which the territory belongs must be present at the general meeting. For the decision of the meeting to be recognized as valid, more than 50% of the residents must gather. All results and collective decisions are recorded. If the owners have approved the draft boundaries, a responsible person is selected. The representative will act on behalf of the apartment owners. |
| Submitting an application | It is necessary to find and fill out an application for re-registration of the territory into shared ownership. Collect the following papers:
The application and package of documents should be sent to the Land Resources Committee. |
| Land surveying (not always required) | To approve the boundaries of the site you will need:
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| Registration of land | To complete the registration of the territory, the representative contacts Rosreestr and provides:
A record of land ownership is entered into the Unified State Register. The plot is registered with the cadastral service. The residents' representative receives a technical passport for this object, a certificate confirming ownership. |
After privatization, the land passes from state ownership to the ownership of the residents of the apartment building. Owners or management companies will be able to improve the site.
The legislative framework
The Land Code gives citizens of the Russian Federation who own housing in an apartment building the right to use common property and buildings as common property. The procedure for exercising such a right is described in the Housing Code adopted in 2005, but practical guidance on this activity was given only in April 2014, in a review in the Supreme Court Review. Article 16 of the Housing Code establishes the right of common ownership of the land on which the house and other objects are located. If there is no formed site, the representative authorized by the decision of the general meeting submits an application to the official authorities. After formation and registration with the state cadastre, the land in question becomes the legal possession of all owners of the house.
After receiving clarification from the Supreme Court, the process of land privatization was simplified and developed. Thanks to this step, the attractiveness of real estate in apartment buildings has increased from an investment point of view.
Features of privatization of local areas
In the process of registering land adjacent to an apartment building, it is necessary to take into account a number of nuances, first of all, when the house was built:
- the building, together with the formed site, was put into operation before the approval of the Housing Code;
- the house was introduced after the adoption of the Housing Code of the Russian Federation, that is, after 2005.
Let's consider the specifics of the registration procedure for the first and second cases.
Privatization of a plot of land from a building built before 2005
The procedure begins with the organization of a general meeting of owners. Any owner of premises in a given building has the right to convene a meeting. For a decision to be recognized as legal, the presence of citizens with more than 50% of the votes is required. The votes are counted in proportion to the share of each participant, that is, taking into account the area of the apartments. A chairman is elected to lead the meeting.
If the decision was made by a majority of participants, the chairman submits an application to the administrative authorities with a request for privatization. Along with the application, you must present the minutes of the meeting and the registration sheet for participants (their representatives may be present).
The application is drawn up in a certain order:
- name of the authority to which the document is sent;
- from whom it is submitted (data of the residents’ representative, full name, address, cadastral number of the apartment, telephone);
- a request to transfer the site into common ownership of the residents of the house;
- list of attached documents;
- date, signature.
The application must be accompanied by the decision of the meeting of owners, a technical passport, a house plan, a technical and cadastral plan of the site. The chairman of the meeting must prepare two copies of the statement. The second copy with a receipt mark remains with the residents’ representative. A letter must be sent in response to the application within two weeks. If privatization is refused, collective rights will have to be exercised through the courts.
Privatization of land around buildings commissioned after 2005
In this situation, land surveying will be required before registering the site. The cadastral engineer must determine the boundaries of the territory. The service is paid. The cost of the procedure will depend on regional prices, the condition of the site, the area and shape of the territory.
After surveying, technical documentation, a plan, an inspection report and the establishment of boundaries are drawn up. With the received documents, the residents’ representative registers the land with the Unified State Register of Land Registers. Then the plot is registered as common property.
In both cases, privatization should be carried out free of charge, with the exception of land surveying costs. The land development around new buildings must be completed by the developer. In this case, future residents buy apartments and along with them a share in the plot. This is convenient, but the cost of such housing will be higher.
Privatization of a common yard
Advice from lawyers:
1. What documents are needed for privatization of a common yard.
1.1. What does it mean in a common yard?
Did the answer help you?YesNo
1.2. Consent of all co-owners and contact a cadastral engineer.
Did the answer help you?YesNo
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2. How will the privatization of land in a common yard where there are 9 apartments be carried out?
2.1. No way, because this is common property owned by all owners of apartment building premises (Article 36 of the Housing Code of the Russian Federation)
Did the answer help you?YesNo
3. What documents must be submitted to Reg. chamber for the privatization of a common yard.
3.1. What is a common yard? Only public housing is privatized; to register a property, you must submit an agreement, a certificate of ownership, and a cadastral passport.
Did the answer help you?YesNo
4. I moved to the third part of the house; we have a common yard; there is a fence in the common yard, which is not in the documents. The land is in perpetual use for everyone; there is no privatization of land. Where can I go to get the shareholder to remove the fence from the common yard? Because he doesn’t want to remove the fence from the common yard.
4.1. Good evening, Oksana! To the prosecutor's office.
Did the answer help you?YesNo
5. We have a common yard. There are 2 houses on the plot. We were denied privatization of our yard, because our land. uch.intersect capital objects on 3 sides. Str-VA and in addition, on the territory of the Earth. There is a balcony attached to the 1st floor of the 4th floor. multi-apartment Home. The entire section S is 4.4 s. What should we do? What are our actions?
5.1. It is possible to appeal the refusal in court.
Did the answer help you?YesNo
5.2. Hello Olga. Where is an apartment building with an attached balcony located on your plot of land?
Did the answer help you?YesNo
6. There is a court decision determining the procedure for using the land, indicating specific plots of land and whether the consent of the remaining centuries is necessary for its privatization in a common yard.
6.1. All issues related to common property and land in apartment buildings are resolved at a general meeting of all owners of the premises and are documented in minutes.
Did the answer help you?YesNo
6.2. Good evening. What is needed is not consent, but their participation in privatization. Or their refusal to participate in privatization. Determining the order of use does not entail the creation of a new object.
Did the answer help you?YesNo
6.3. Need to. Since you have shared ownership of the land. You can only privatize everything together.
Did the answer help you?YesNo
7. There is a common yard for 3 owners. We want to do privatization, do we need to give up shares?
7.1. First, three people need to buy the land. Then these three can sell or donate. Refusals will not solve anything here.
Did the answer help you?YesNo
8. We have a common yard, 3 apartments and 3 living spaces in shares. Barns are being privatized, as are apartments. I was refused the cadastre of the sheds because one owner registered an inheritance for all the sheds in the yard and for the common gate, as well as for the common toilet. What about privatization? Now we are all without sheds.
8.1. Hello Nadezhda. It's hard and difficult to accept. But you can go to court to have the privatization agreement declared invalid or partially invalid. Maybe then it’s worth sending this case to court. . But you need to look at the documents. Go to a lawyer.
Did the answer help you?YesNo
9. There is a common yard for 4 owners, I want to divide this yard and make myself a separate entrance, there is nothing to talk about with the neighbors in the yard, we tried to formalize privatization, no one had the funds, what should I do in this situation?
9.1. Good afternoon. To divide the yard and arrange a separate entrance, you need to determine the procedure for using the land. There are 2 options: voluntary through an appropriate agreement of all owners of the premises or through the court.
Did the answer help you?YesNo
10. We live in a courtyard where there are three privatized apartments. According to the cadastral plan, one of the apartments is listed as a house. how is this possible? If land is privatized in shared ownership, how will plots of land be distributed? Does living space affect land area after privatization? Is it possible to privatize land in a common yard without the consent of all residents?
10.1. The documents on which the Apartment is registered as an independent house can be challenged in court at any time, so you should first, of course, it would be advisable to look at them. Contact a lawyer with them in person in your city.
Did the answer help you?YesNo
10.2. It is impossible to privatize land without someone’s consent; after privatization, it will be divided into shares in proportion to the living space of each owner.
Did the answer help you?YesNo
11. What is the difference between an apartment building and a house in a common yard. And how to transfer from a common yard to an apartment building, the neighbors do not want to privatize the land together. How to sell your house without privatizing the land?
11.1. Good afternoon A simple residential building - according to the documents there are no apartments, it happens that the house is divided between two neighbors, but they have shared ownership and no apartments are allocated. All the best.
Did the answer help you?YesNo
11.2. An apartment building is a collection of two or more apartments that have independent access either to a land plot adjacent to a residential building or to common areas in such a building. An apartment building contains elements of common property of the owners of premises in such a building in accordance with housing legislation.
Did the answer help you?YesNo
12. We have a common yard for two owners. The neighbor is against privatization, what should we do in this situation?
12.1. Good afternoon If you have a plot of land in common shared ownership, then probably the house is also in common shared ownership. To formalize the right to a plot, if the second owner is against it, you can go to court for the division of the house and land. After receiving a court decision on the division of real estate, you can register your plot separately with the cadastral register and obtain the right to it from the administration.
Did the answer help you?YesNo
12.2. In accordance with Art. 252 of the Civil Code of the Russian Federation 1. Property in shared ownership may be divided between its participants by agreement between them. 2. A participant in shared ownership has the right to demand the allocation of his share from the common property. 3. If the participants in shared ownership fail to reach an agreement on the method and conditions for the division of common property or the allocation of the share of one of them, the participant in shared ownership has the right to legally demand the allocation in kind of his share from the common property.
If the allocation of a share in kind is not permitted by law or is impossible without disproportionate damage to property in common ownership, the allocated owner has the right to have the value of his share paid to him by other participants in shared ownership. In the absence of your neighbor’s consent to privatization, your only option is to resolve the issue through the court, it is advisable to sign up for a face-to-face consultation with a lawyer or enter into an agreement with a lawyer to provide you with legal assistance.
Did the answer help you?YesNo
13. Is it necessary to privatize the land under 1 room in a common yard? Will I be able to sell this property without the specified privatization? Thank you.
13.1. Good day. Dear Zarina, no, it is not necessary to privatize the land; you can sell it if you own your room. All the best, good luck to you.
Did the answer help you?YesNo
13.2. Hello No, not necessarily. You are the owner of the “Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on March 28, 2017, as amended on June 22, 2017) Civil Code of the Russian Federation Article 209. Contents of ownership rights 1. The owner owns the rights of ownership , use and disposal of their property. 2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way. 3. Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons. 4. The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.
Did the answer help you?YesNo
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14. What kind of claim can be filed?, if the privatization of the adjacent plot of land of an apartment building (common courtyard, with common access to the main street) has occurred. What rights are violated in this case, of other owners of apartments in this building.
14.1. Hello, Lyudmila There is not enough information in your question. Who privatized the site and where did you get the idea that it was privatized? Show the lawyer all the documents during an in-person consultation. I wish you good luck and all the best!
Did the answer help you?YesNo
15. Is it possible, with one signature on land surveying, to obtain consent to privatize the adjacent part of the land in an apartment building, if this piece of land is a common yard, with a common exit to the main street.
15.1. There's no such thing. The land plot under the MKD is FROM the owners of the premises in the MKD by force of law without any privatization - from the moment the land plot is registered with the cadastral register. Hold a general meeting of owners of premises in the apartment building (with a decision on the formation of a land plot and its placement on the CU is necessary) and contact the local administration with an application for the formation of a land plot under the apartment building.
Did the answer help you?YesNo
16. Is it possible to include the common courtyard of an apartment building in the survey for the privatization of land, if the courtyard is the only exit to the main street, and if this happened, how to return it so that it becomes common again, for free exit and entrance.
16.1. Hello Lyudmila. If this has already happened, then, most likely, it will only be possible to return it in court, if you did not give consent to such land surveying.
Did the answer help you?YesNo
16.2. “Is it possible to include the common courtyard of an apartment building in the survey for land privatization if the courtyard is the only exit to the main street...”
-the question is too complex to answer unambiguously without knowing many details... I’m writing this first-hand, because... I'm dealing with a similar problem...
Did the answer help you?YesNo
17. Room in a common courtyard. One of the neighbors has been living somewhere in Siberia for 10 years. Nobody knows how to contact her. How to privatize the land under the room. After all, privatization will soon be paid.
17.1. Hello! A land plot can be registered with the consent of all owners of a residential building. If there is no consent, then only go to court with a claim for the provision of ownership of the land plot.
Did the answer help you?YesNo
18. We have a common yard, a house with 4 apartments. I want to sell mine, so the question of privatizing the land has arisen. The neighbor began to build in the middle of the yard, on the site of an old outbuilding with an area of 19 m, a new one with an area of 30 m. There is no talk of negotiations - he is rude. None of the neighbors want to demarcate, because I have the largest apartment, and they don’t even have basic documents for apartment ownership. Will I be able to carry out land surveying through the court and then separately privatize the land? Thank you very much in advance!
18.1. Hello! YES, a claim for the allocation of land in kind. GOOD LUCK TO YOU.
Did the answer help you?YesNo
19. In Crimea we have a household for 4 owners. But in Ukraine, 3 neighbors allocated their part for separate apartments, and I still had part of the 5/90 household. Can I participate in the privatization of common yard land? Who owns the households? buildings in the yard? In those. They are indicated in my passport and in the Certificate, but in theirs only in those. passport.
19.1. It is necessary to look at the documents on the allocation of shares; if only the main building is divided, then the outbuildings will be divided according to the shares - by agreement or in court - Art. 252, 247 Civil Code.
Did the answer help you?YesNo
19.2. You can participate in privatization, but the plot will remain in shared ownership. Since it will be impossible to divide it. But you will have ownership of your share.
Did the answer help you?YesNo
20. My apartment is 36 square meters. m in a common yard for 4 owners. We want to make land privatization and distribution for everyone. Is the land of the common yard divided according to the square footage of all neighbors or in some other way?
20.1. Hello! According to the square of all neighbors.
Did the answer help you?YesNo
20.2. Hello! Shares in the land plot must be provided in proportion to the shares in the house of each participant in shared ownership.
Did the answer help you?YesNo
Share in a common yard with a neighbor is 63%. Access to the yard is for shared use, i.e.
We live in a two-family house. The house is located so that my family passes through the neighbors side.
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I have an apartment in a 6-apartment building. At the time of purchasing the property, it was said that we were not entitled to land, although there are garages and a vegetable garden in the courtyard of the house.
Common courtyard land is not privatized, co-owners are against privatization, the building needs reconstruction, what to do.
In 2010, I bought an apartment in Stavropol, a common yard with 18 apartments. I found out
I have a yard for two owners and a house too. Those. one roof. The neighbor, without my knowledge, allowed tenants into her part of the house, people unknown to me.
Good night, you can buy a house in a common yard if the child is not 3 years old, the house has privatization but it is shared.
Common yard, two houses for four families. One part of the house is not privatized, two people and a child are registered.
I want to sell part of a house in a common yard that I received by gift (NO privatization). Where to start registration according to the law of the Russian Federation? Thank you. Simferopol. Irina.
Boundary designation
The size of the local area must be specified in the technical passport after the house is put into operation. The minimum size of the adjacent plot cannot be less than the area occupied by the house. If this value is not established in the documents, you must contact the municipal body that manages the city’s property.
To establish the boundaries of the area adjacent to the buildings, mandatory land surveying is carried out. The size of the area adjacent to the house is determined taking into account a number of factors:
- number of floors and apartments;
- perimeter of a residential building, foundation;
- land area;
- presence of neighboring buildings;
- instructions from administrative authorities.
According to the law, public areas cannot be included in the privatized area: driveways, squares, park areas. The draft boundaries of the site are submitted for approval by residents.
Thus, before privatization (if the territory is not listed in the cadastral register), it is necessary to register with the administration and order land surveying from the BTI.
What is a local area?
According to the current housing and urban planning legislation, a local area is a plot of land adjacent to the boundaries of an apartment building, which is auxiliary in nature for maintaining the house, its improvement and the formation of a comfortable urban environment. Including there is an internal (closed) list of objects that are allowed to be built on the territory of the yard:
- Landscaping elements - children's play complexes, benches and trash cans. This also includes landscaping and planting trees that have a beneficial effect on the environment;
- Building maintenance facilities and transport infrastructure - this list includes garbage containers, clothes drying devices, carpet cleaning and other elements that, in particular, came to us from past years. For personal transport of residents, parking spaces, garage structures and parking can be formed, indicating the link of a specific car to its territory;
- Objects that generate additional income - this includes types of buildings that may have a commercial nature in their activities. The only important condition is the absence of claims from the owners of neighboring houses. Otherwise, a dispute may arise, which will subsequently lead to litigation.
How is the site used after privatization?
After privatization, the registered land plot becomes common. It can be used in any way only with the consent of the apartment owners. To carry out any work, for example, laying communications, on this land it is necessary to convene a general meeting of owners. The issue must be included in the agenda and put to a vote, and decisions must be recorded.
What activities can be carried out on privatized land? Owners have the right to implement several options:
- landscaping, landscaping, construction of gazebos, playgrounds, sports grounds;
- sale of part of the plot;
- installation of restrictive fences, barriers;
- leasing part of the land for the placement of shops, hairdressers, offices and other facilities;
- arrangement of a household plot or vegetable garden;
- purchase of part of the land by apartment owners, for example, to create separate entrances. Subsequently, such an apartment can be converted into non-residential premises, used or profitably sold for commercial purposes.
Owners have the right to fully dispose of the land, but they will incur costs for maintaining the territory.
Advantages and disadvantages of privatization
Apartment owners, as a rule, want to improve the area adjacent to the house as they wish. But many are wondering whether the privatization procedure is beneficial. Before making a decision, you need to weigh the pros and cons.
| Advantages of a privatized plot | Disadvantages associated with privatization |
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Before privatization, the site is the property of municipal authorities, who can dispose of the land at their own discretion. In this case, it is impossible to prohibit the laying of communications and the construction of new roads. Gradually, municipal land will be developed and rented out, therefore, the area for recreation and children's games will decrease. Residents may be annoyed by the appearance of garbage, the noise of passing cars and crowds of people near commercial buildings.
After privatization, owners will be able to improve the site according to their wishes, and not according to the plans of local authorities. Repair and maintenance of the territory will be carried out by the management company or the HOA. The organization must draw up a seasonal inspection report of the land plot every year. The inspection results are included in the housing inspection report.
Pros and cons of privatization
Before you begin the procedure, you need to evaluate the pros and cons. We will describe in detail the consequences of privatization. So, the advantages are:
- privatization is free of charge;
- part of the land can be rented out to generate commercial income;
- the cost of an apartment with a well-kept and privatized yard increases even from the perspective of the assessed value;
- none of the third parties will be able to develop the adjacent territory.
The disadvantages include:
- you will have to incur certain expenses for maintaining the land;
- land tax will affect all residents without exception;
- If there is a need to repair objects, this will have to be done at the expense of the residents.
As a rule, for large houses, maintenance costs are insignificant; residents of two and three-story buildings will have a more difficult time.
