The concept of land registration and land accounting.

Forms of land ownership

Land ownership is realized through:

• use when the owner has a confirmed right, which makes it possible to carry out work on the site to process and obtain ownership of the results of labor;
• orders when the owner receives property rights to his plot, and with it the opportunity to exploit the land at his own discretion: sell it, donate it, use it as collateral, change it. To obtain such an advantage, the land user needs to re-register ownership of the land plot.

Currently, our compatriots are increasingly interested in the opportunity to dispose of land. Moreover, such property transactions are so diverse that the owner can re-register his own documents for the acquisition of property rights, but also has the right to alienate rights in favor of third parties.

We will talk about the procedure for re-registration of land plots and how to do it correctly. But first, about the legal basis.

The legislative framework

The procedure for re-registration of land ownership rights in Russia is regulated by three main regulations: the Civil and Land Codes and Law No. 218-FZ “On State Registration of Real Estate”. Subjects of the Federation have the right to adopt normative documents at their level that establish more detailed regulations.

When is it necessary to re-register land ownership?

The need to re-register a land plot may arise if there is a need to change the type of right. There are several of them:

• own;
• rent;
• free term use;
• unlimited use.

The main condition for re-registration is the presence of a title document confirming the fact that the site has been allocated by the local administration. It has no statute of limitations. It should be submitted to the authorized body (this may be the administration of a district, city, settlement) along with the application and other documentation. It is precisely his decision that will serve as the basis for re-registration, as well as a court ruling.

The procedure for obtaining authority to land

Federal Law No. 218-F3 contains the main regulations that relate to this issue. It is intended for the following groups of citizens:

• gardeners;
• gardeners;
• business executives;
• persons engaged in the construction of their homes with their own hands.

Recent changes have brought some innovations. The main one is the cancellation of the Certificate of State Registration of Authority to Own Property regarding dachas. The owner of a summer cottage, upon expressing a desire to document his authority, upon request receives a special confirmation extract from Rosreestr.

Now, citizens have Certificates and Acts of the old types in their hands. As a rule, they do not contain information about rights based on which the owner can be identified. In this case, the land plot is registered by sending one of the following documents to the Unified State Register:

1. Extract from the household ledger.
2. Land title document.
3. Document on the provision of land.

Application Extract of USRN from the register Certificate of state registration.
registration of rights Let's consider how to register a land plot in the Unified State Register of Rights to the person who received it under the will. It happens when property is used for inheritance. In this case, the heir is obliged to go through the process of registering the specified territory, but his primary document may be any paper that proves ownership of the building located on the site. Having considered theoretically how to add a summer cottage plot to the Unified State Register, it is necessary to proceed to the practical part. Already today, the register operates online and official bodies are increasingly demanding supporting official documents. Don't neglect your property.

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How it all happens

After the transaction has been completed, you can begin re-registration. Any purchase, gift or lease transaction requires a written agreement. If you plan to buy or rent a plot, you will also have to sign a preliminary agreement, after which you will pay part of the money. The main agreement requires registration with Rosreestr. By the way, this can be done by contacting the nearest MFC.

It is allowed to buy out land plots that were previously provided for indefinite use or lease, or if the category of land for them has changed. True, the acquisition of a plot will become possible if the owner has ownership rights to the buildings erected on it. So, for example, the ownership of the land under an apartment building will be issued by the Management Company.

But the plot can also be accepted as an inheritance and used as a way to collect the borrower’s debt. This requires a court order. The debtor himself can cede the land to pay off the debt. And then they draw up a compensation agreement.

There is even a certain algorithm that will allow you to quickly collect the necessary documents so that registration of a land plot as private property goes without problems:

• concluding a preliminary agreement and making an advance payment;
• preparation of a package of documents;
• conclusion of the main agreement;
• payment of the remaining money for the land;
• registration of the main agreement.

And you have a legal document in your hands.

How to register for cadastral registration using a simplified form and via the Internet?

In 2020, a summer cottage plot can be registered without a personal application to the cadastral authority. All manipulations are available via the Internet or online. It is worth considering that land surveying of a summer cottage and its registration in the cadastre is not required. But you can’t do without doing the work if you plan to make transactions with property, namely sale, registration of deed of gift, inheritance, and so on.

Cadastral registration is required if the owner of a summer cottage plans to insure the property. If you do not go through the necessary procedures, it may be difficult to pay compensation. The results of land surveying will be useful in case of disputes with neighbors of nearby plots, as well as for protecting interests in court.

To register a summer cottage plot online, we take the following steps:

• We are sorting out the papers. Regarding the memory, there are two options. It is either registered, or this work has never been carried out. If the mentioned measures have not been completed, we look for papers confirming ownership, and also collect other documents from the list above. You can’t do without land surveying, which is performed by a cadastral engineer.
• We enter the Rosreestr website. To search for a specialist who performs land surveying work, you can go to the Rosreestr resource and find a specialist associated with a specific region. Next, we contact a suitable specialist and arrange a meeting. The cadastral engineer studies the available papers and draws up a land survey plan, where the boundaries of the land plot are precisely defined. The prepared documentation is recorded on a remote medium (most often a CD), after which it is transferred to the owner of the site.
• We head to Rosreestr or MFC with a full package of papers and a disk. There we fill out an application, and then submit it and the documents necessary for cadastral registration. After studying the received documentation, employees of the mentioned bodies give an answer - positive or negative. In this case, you will have to visit the mentioned body at least twice. The whole process takes 5-7 days (depending on where the documents are sent).

See also: The best new buildings in Moscow 2020: price-quality rating

Registration of a land plot in the Cadastre via the Internet

If you don’t want to go to the MFC or Rosreestr, all manipulations can be done at home. Requirements: PC (laptop) and Internet. To transfer papers, you will have to issue an electronic digital signature, which replaces the applicant’s standard signature. The EDS is valid for up to a year. If desired, it can be used to solve other problems.

After receiving the digital signature (issued at special software centers), go to the Rosreestr website, fill out the application forms and attach documentation (signed with a digital signature). Upon processing the request, Rosreestr employees send a response to the applicant’s e-mail or send it by mail (depending on the choice). It takes no more than three days to register a country house with the cadastral register according to the scheme considered.

As noted, the received digital signature can be used not only to register a plot via the Internet, but also to solve other problems, for example, submitting papers to a foreign university, submitting an application to the registry office, obtaining a foreign passport, and so on. In addition, a 30 percent discount is given for government services provided digitally.

Required Documentation

Now we will talk in more detail about what documents are needed to re-register a land plot. But, before you start collecting them, you will have to clarify what rights you personally have in order to count on re-registration. And they arise if the area:

• has already been used before - it could be gratuitous use or lifetime ownership, which is inherited;
• acquired by purchase;
• received as a gift;
• received as an inheritance.

Each such case requires the following set of papers:

• a statement indicating the basis for possessing property rights;
• cadastral passport and copies of the cadastral plan of the plot;
• deed of gift, purchase and sale agreement, decision of the authorized body on the transfer of ownership of the plot and other document on the completed transaction;
• receipt of payment of the duty;
• document on acceptance and transfer signed by the parties to the transaction (this does not apply to land inheritance).

In special cases, this list may be supplemented.

If the decision to receive a plot is made by an authorized body, all that is required is a basic set of documentation and the passport of the citizen in whose name the land is registered.

However, the registration procedure may well not be so simple. And this is due, first of all, to errors made in the documents. And if they were discovered in land surveying or shared property (of a large family or dozens of shareholders), then the dispute risks dragging on, and passions literally “boil” at court hearings.

So you will have to try to ensure that all documents are in order and completed in a timely manner.

How to register land with cadastral registration - “full” version

Registration of a land plot (in the full version) meant going through three basic stages - preparing a package of papers for transfer to the authorized body, directly reflecting the land plot in the cadastre, as well as its registration in Rosreestr. Let's look at each stage in more detail.

Collecting papers

Before registering a land plot with cadastral registration, we collect a package of documentation, which includes:

• Title papers. Documents must confirm a person’s rights to a specific land plot (the one that is registered). Such documentation may include a contract of sale (purchase and sale agreement), a rental agreement, a certificate of inheritance and other papers.
• Foundation documents. This category includes a number of agreements - lease, perpetual use, lifelong inheritance, purchase and sale of a house or purchased plot. In the latter case, the applicant applies to the ministry dealing with property relations or to the municipality. A statement is written there about the desire to purchase a memory card. If there is such a possibility, the land committee issues a DCP and submits a receipt. A special commission is involved in calculating the cost of the plot. As soon as the applicant deposits the required amount, it is sent to the recipient's account. Upon receipt of funds, a DCT is issued, as well as an acceptance and transfer certificate. After signing the papers, they are issued to the applicant.
• Approval from the ministry responsible for property relations, as well as the consent of other tenants. Before putting the land on the cadastral register, you cannot do without visiting the above-mentioned ministry. In it, an application is drawn up, passports and rental agreements are transferred. Next, employees determine the date when they need to come and personally pick up written consent. As for the approval of other tenants, owners and people who have the right to use the land plot, the consent document is drawn up in the cadastral chamber at the time of registration.

See also: What is the period and procedure for obtaining a building permit?

Above are the basic documents for cadastral registration of a land plot, but to solve the problem you will need a number of other papers:

• Geodetic plan. The development of this paper is carried out by licensed companies. Before applying, it is important to study the reputation of the organization, make sure that it has permission for this type of activity, and also read reviews.
• Boundary plan. In addition to the paper version, a CD is also issued. This work is carried out by the cadastral authority, whose employees carry out the necessary work to survey the site.
• Approval of guardianship and trustee bodies (issued in writing). This option is relevant when there are minors among the owners of the land plot. It takes up to 10 working days to complete such paper, which must be kept in mind when applying for the service.
• Power of attorney (must be certified by a notary). The paper is issued to each owner or user of the memory who has reached the age of 18.

Registration in the cadastre - how to register with the cadastral register

Once the documents are collected, we begin the main work. For cadastral registration of land we take the following steps:

• We contact the cadastral authority, fill out an application and submit the documents discussed above along with it. Filling out an application is the task of each owner (user) of a land plot who has reached the age of 18. Each of them fills out one option. The necessary forms, as well as images, are issued by the cadastral authority.
• We pay the state fee. After payment, a receipt indicating the transfer of funds is transferred along with the documents necessary for land cadastral registration. Payment of state duty is available directly at the cadastral chamber.
• Receiving a receipt for documents acceptance. An employee of the cadastral authority takes the papers to reflect information about the land plot in Rosreestr. In this case, the applicant is given a receipt indicating the date of acceptance of the papers. If there are no errors in the submitted documentation, information about the land plot is entered into the cadastre. In addition, the allotment receives a personal number, and the entire procedure takes no more than 20 days. If there are errors, the processing time may take up to 4-6 months (much depends on the circumstances).
• On the appointed date, we come and pick up the previously transferred papers, as well as an extract from the Unified State Register of Real Estate for the land plot. To receive documentation, you need to bring your ID and receipt with you.

See also: How to obtain permission to build a house on a plot of land (individual housing construction)?

Registration of land

We discussed above how to properly register a cadastral register, but without registering a land plot with the Federal Registration Service, the procedure is not considered complete. The owner must register the land within two years. Otherwise, the allotment is excluded from the register. Here is the algorithm of actions:

• We contact the registration chamber.
• Submit an application (formulated according to the sample). In this case, the application is drawn up by each of the owners. In addition, a land surveying plan, a basis agreement, and an identity card for each owner are submitted (for a representative - a passport and a notarized power of attorney).
• We pay the duty. We attach the payment receipt to the general package of papers.
• We come to the registrar on a specific date and pick up supporting documentation. It takes 2 weeks or more to complete all manipulations (delays occur in rare cases). In this case, each owner picks up his package of papers personally (a passport and receipt are provided).

How to re-register a land plot to a third party

The first and very important rule is that re-registration is allowed only on the condition that the ownership of the property has already been registered previously.

In other cases, when there is a transfer of property rights, it is only possible to re-register the plot under the house. And the transfer of property will be carried out only if the property transaction is completed.

Re-registration of rights to another person (relative or not) takes place in several stages:

1. Draw up a document that will become the basis for the transfer of ownership. If we are talking about immediate relatives or minor children, a deed of gift turns out to be the most suitable option.
2. Have it certified by a notary to confirm the legality of the paper and the voluntary nature of its execution. During the procedure, in addition to the donor himself, the recipient must also be present (for a child under 14 years old, his parents or guardians).
3. Make adjustments to the earlier information contained in the Unified State Register of Real Estate – thereby re-registering ownership rights.

If the inheritance was accepted by court order, because the six-month period allotted by law for entering into the inheritance turned out to be overdue for some reason, it is necessary to present both the court decision and a stamp indicating its entry into force. This is what the step-by-step instructions for land users look like.

State registration of ownership of land

Advice from lawyers:

1. What documents are required for state registration of ownership of a land plot for a garage under a purchase and sale agreement between private individuals? The seller of the plot has a certificate of state registration of ownership of it. Is the consent of the seller's spouse required to complete the transaction?

1.1. Look at the stand at the registry office, there is a list of documents for such a transaction. In general, it is required.

Did the answer help you?YesNo

1.2. Hello, Denis. If the ownership of the garage was registered when the owner was married, then the spouse’s consent to the sale is required (notarial). But in addition to ownership of the garage, the seller must have a certificate of title to the land. The Chairman of the GSK had to draw up documents for the land. a plot under all the garages, and after that the owners must register each as their own. Sincerely.

Did the answer help you?YesNo

1.3. Hello. Yes, the consent of the spouse is required if property was acquired during marriage. If you want, I can help you complete the transaction. I work in Millerovo. If you have any questions, please call. Phone number below.

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2. How much is the state fee paid for state registration of ownership of the land plot on which the garage is located? They charged me 2,000 rubles for the garage and 2,000 rubles for the land plot underneath it, Krasnoyarsk Territory, Zheleznogorsk.

2.1. Good afternoon Depends on the type of use of the land Tax Code of the Russian Federation, Article 333.33 24) for state registration of an individual’s ownership of a land plot intended for personal subsidiary plots, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction, or for the created or a real estate object created on such a land plot - 350 rubles; (as amended by Federal Law No. 221-FZ of July 21, 2014) (see text in the previous edition) For registration of rights to real estate, the state fee is 2,000 rubles.

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2.2. If you did not have registered ownership of the garage, then, accordingly, you paid for registering ownership of the garage and for registering ownership of the land plot underneath it, two separate actions, two state fees.

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3. Is it possible to obtain a certificate of state registration of ownership of an agricultural land plot on the basis of the right to inheritance under the law through a multifunctional center or justice at the place of residence of St. Krylovskaya, Krasnodar Territory? Is the land plot located in the Zernograd district of the Rostov region?

3.1. No you can not. Registration of rights to real estate is carried out at the location of this real estate.

Did the answer help you?YesNo

3.2. The previously valid version of clause 4 of Art. 2 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” indicated that “State registration of rights is carried out at the location of real estate within the registration district.” This clause has lost force since October 1, 2013. — Federal Law of July 23, 2013 N 250-FZ.

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4. Help draw up a statement of claim to invalidate the refusal of state registration of ownership of a land plot intended for dacha farming, gardening, and horticulture. Namely, the line where it is necessary to indicate which nomes of law the refusal contradicts. And please tell me what documents need to be attached. Thank you very much in advance.

4.1. Preparation of statements of claim is a paid service.

Did the answer help you?YesNo

4.2. Recognition of property rights can be for various reasons. You don’t write what you are referring to when going to court.

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5. Please clarify: The Certificate of State Registration of Ownership of a Land Plot in SNT states “Existing restrictions (encumbrances) of the right: Zone of urban planning restrictions, area 871 sq. Meters" What does this mean?

5.1. Dear Mikhail, this means that buildings and structures of a permanent nature cannot be erected on most of your land plot. We need to look at the general plan and its zoning.

Did the answer help you?YesNo

6. State registration of ownership of a land plot was carried out on the basis of documents that were later established as invalid by a judicial act that entered into legal force. Will this be a sufficient basis to challenge the registered ownership? And can a person act as a plaintiff in this case, whose rights were violated by documents established as invalid in court, but who is not the owner of the land plot? Thank you in advance.

6.1. Hello. If in the initial claim to invalidate the documents on the basis of which the registration of ownership of the land plot was made, you did not indicate the requirement to invalidate the registration of the right and this is not indicated in the court decision, then you will need to file a claim with the court to recognize the registration of the right invalid by attaching the original decision to it.

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7. I have a certificate of state registration of ownership of a land plot. This certificate indicates the existing restrictions (encumbrances) of the right: - not registered.. They tell me that this certificate is not genuine. Although the type of right-ownership is indicated.

7.1. Request an extract from Rosreestr.

Did the answer help you?YesNo

8. My certificate of state registration of ownership of a land plot says garden plot, how can I find out whether it is a garden plot or a vegetable plot?

8.1. Contact the cadastral office.

Did the answer help you?YesNo

9. For state registration of ownership of land plots that were formed as a result of the division of a land plot, is a decision from the owner on division required? Can I, having the appropriate power of attorney, write such a decision?

9.1. Yes, you can write.

Did the answer help you?YesNo

10. We only have the resolution of the administration of the village council of 1992 on securing the ownership of the land plot. The 1992 land title certificate has been lost. Is it possible to undergo state registration of ownership of a land plot with its subsequent sale only if there is a resolution?

10.1. This is a document of title, so try it.

Did the answer help you?YesNo

11. Is a certificate of state registration of ownership of a land plot for private farming a basis for building a house on this land?

11.1. If the earth the site is located within the boundaries of a populated area, then it can be used for the production of agricultural products, as well as for the construction of a residential building, industrial, domestic and other buildings, structures, structures in compliance with town planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and standards (Federal Law dated July 7, 2003 N 112-FZ “On personal subsidiary farming”). A certificate of registration of ownership together with a title document and a cadastral passport are the basis for obtaining permission to build a residential building).

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12. If, according to the certificate of state registration of ownership of a land plot, only one person (the wife) is the subject of the right, then the spouse gives written permission for the sale. What about children? Need something from them?

12.1. The consent of the second spouse is required, but children do not have any rights to the property of their parents during their lifetime, so their consent is not needed.

Did the answer help you?YesNo

13. For state registration of ownership of a land plot acquired by inheritance, I have a Certificate of the right to inheritance by law for 1/2 of the land plot, owned in equal shares by mother and son. According to the agreement on the division of the inheritance, this 1/2 part goes to the son. How to transfer to the son the second half of the land plot, which belongs to the mother in accordance with the certificate of ownership of the share in the common property of the spouses?

13.1. You can give him the second half of the plot or sell it if your spouse agrees.

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14. Benefits for a disabled person of group 2 when paying the state fee for state registration of ownership of a land plot.

14.1. Exempt from paying duties for state. registration of property rights only for disabled people of the Second World War. For others, the state duty is 200 rubles.

Did the answer help you?YesNo

15. My father has: - a power of attorney for the sale of a land plot; - original certificate of state registration of ownership of the land plot (issued in October 2012). There is a desire to sell this plot to me. What is the order of our actions?

15.1. Yes, you just draw up an agreement, sign it, submit it for registration and receive a certificate of ownership. Another question is that such a path does not deprive the true owner of challenging the transaction in the long run, so it is better to sell to someone who is not your relative and for whom it is impossible to prove interest, and then buy from him, the only thing you need to do is to secure yourself in relation to the middle link of this scheme.

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16. Gentlemen! Please answer the question where I can find an exhaustive list of documents for state registration of ownership of a land plot that is currently in state ownership, on which an apartment building is located, owned on the basis of common shared ownership by individuals and legal entities. The section was formed after the entry into force of the RF Housing Code. An HOA has been created in the house.

16.1. ORDER of the Ministry of Justice of the Russian Federation dated 02/14/2007 N 29 “ON APPROVAL OF INSTRUCTIONS ON THE FEATURES OF MAKING ENTRIES IN THE UNIFIED STATE REGISTER OF RIGHTS TO REAL ESTATE PROPERTY AND TRANSACTIONS WITH THEM DURING THE STATE REGISTRATION OF RIGHTS TO REAL ESTATE OBJECTS WHICH ARE COMMON PROPERTY IN AN APARTMENT BUILDING, PROVIDING INFORMATION ABOUT REGISTERED RIGHTS COMMON SHARE OWNERSHIP FOR SUCH REAL PROPERTY OBJECTS” (Registered with the Ministry of Justice of the Russian Federation on 03/06/2007 N 9069) I recommend that you read it.

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17. I received a Certificate of state registration of ownership of a land plot dated September 6, 2006. According to the power of attorney issued in 2004 for 3 years, the Certificate contained passport data valid for the period of 2004. In May 2006, the passport was exchanged. Is this Certificate valid, and what should be done if not? Thanks in advance for your answer.

17.1. Dear Ekaterina! This certificate is valid and does not require mandatory exchange.

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18. There is a certificate of land ownership, issued by the Committee on Land Resources and Land Management in 1996. Is this document currently the right of ownership of the land, or does it need to be reissued and a certificate of state registration of ownership of the land plot needs to be obtained from the Registration Chamber.

18.1. Apparently, you are probably mistaken. In 1996, in accordance with the law, you did not have the right to acquire ownership of land. Probably you were issued a certificate for the right to perpetual use of the land. With the adoption of the Land Code, you have the right to purchase land. uch. ownership, and to carry out the appropriate registration of the right. According to Zem. Code if the earth. uch. is under your right of perpetual use, then by 01/01/06 you are obliged to re-register the right either for rent or ownership.

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Design features

In the event of the owner's death

Re-registration of property rights has certain specifics, since it occurs through the inheritance procedure.

The successor must, within 6 months after the death of the owner, confirm with a notary his intention to enter into the inheritance. And when submitting documents for registration, do not forget the certificate of inheritance. To re-register a previously existing property right, you will have to wait until six months have passed from the date of death of the testator.

Purchase and sale

Sometimes re-registration is carried out by deeding a deed to a close relative. But then the new owner will not receive the 13% return on the cost of the land plot specified in the contract.

Other Features

The legislator insists that the re-registration of land separately from the residential and non-residential buildings located on it is not allowed. The transaction is uniform and applies to all real estate.

A plot of land transferred to a spouse is associated with the use of joint property. And this implies some difficulties in transferring property rights to the other spouse.

A little about privatization

The privatization of land plots has become a free chance for many landowners to transfer their holdings to personal use. This opportunity has once again been extended, now until 2018. Only this will allow you to own your lands in SNT without restrictions.

The “dacha amnesty” program allows you to do this according to a simplified scheme with a minimum of documents. Thus, it is possible to do without a permit to build a country house; there is no need to legalize the construction.

If your lands do not fall under protected areas, are not reserved for the needs of the state, or privatization is directly prohibited, collect papers and transfer the land into ownership.

What are the consequences if ownership is not re-registered?

If the procedure for re-registration of ownership of the plot has not been carried out, then the immovable object has no legal force. It cannot be sold or given away.

1. An individual, even as an insolvent owner, will retain the right to exploit the land. But if his alienation happens, regardless of the reason, he will not receive compensation, and he has no right to count on it.
2. A legal entity will be penalized for the illegal use of a land plot, since there is a strict requirement for it - if a lease agreement is not signed with a local or regional government body, and the ownership is not properly re-registered, the use of the plot is illegal.

When a plot changes owner, re-registration of ownership becomes an inevitable procedure. It is possible to re-register the right to yourself or to another person, even a minor. This procedure cannot be avoided when a piece of land is inherited.