Purchase of land from DGI Moscow

property owned by the administration?
Registration of a land plot in ownership in the standard manner (upon purchase, inheritance, gift) is a procedure familiar to many. But situations arise when receiving a land plot is supposed to come from a state fund. The process of legitimizing the transfer of ownership rights to this property has a number of legal features.

The package of documents in this case is much wider than for a standard transaction. The circumstances of re-registration of property rights to land differ according to the grounds for transferring the land plot for use by the local administration:

• allocation of allotment under a lease agreement;
• provision of land for use for an indefinite period;
• registration of a plot of land if there is a legal residential building on it.

Thus, in each case, the issue of transfer of ownership is resolved individually, depending on the circumstances of the particular case.

How to register land ownership with the administration

The process of legitimizing ownership rights to land plots is regulated by the norms of Federal Law No. 218-FZ “On State Registration of Real Estate”. The transfer of the legal status of lands included in the fund of gardening partnerships is carried out in accordance with Article 49 of the above-mentioned law.

Dacha lands, provided in Soviet times on the basis of books on membership in partnerships of summer residents, are not included in the state unified register. Thus, in order to be able to conduct transactions with these plots, it is necessary to formalize them legally and obtain permission to acquire ownership of them.

The algorithm for sequential actions when registering state lands as private property is as follows.

Carry out the procedure for isolating the allotment from the lands adjacent to it.

Despite the fact that the land is legally owned by the state, the costs of surveying are borne by the applicant. The main point in this event is the settlement of all issues with neighbors regarding the establishment of boundaries between territories. Then enter into an agreement with a land management organization that has a license to carry out this type of work.

Based on the results of cadastral activities (measuring the area of ​​the site, establishing boundary signs, etc.), you will be provided with a conclusion on the delineation of the boundaries of your site (landmark plan).

Prepare an application for registration of the plot in the cadastre register and subsequent registration of ownership rights to the authorized body.

Having collected all available documents confirming the legal basis for using the land plot and the boundary plan, submit them to the territorial body of the Rosreestr service along with the application. When accepting a package of documentation, an employee of the authorized body issues a receipt of their receipt and indicates the date of readiness of the document on registration actions for the transfer of ownership.

You can also submit documents for registration through multifunctional centers, thereby avoiding long waits in queues. To carry out registration actions, it is necessary to pay a state fee in the amount of 2 thousand rubles (for individuals) and 22 thousand rubles (for legal entities).

Receive a document confirming the registration of ownership.

The extract from the register of real estate rights contains comprehensive information about the land plot (technical characteristics of the plot, name of the owner).

When purchasing a plot of land previously provided on the basis of a lease agreement, receive an order from the municipal government to allocate the plot into ownership. Then draw up an agreement with representatives of the municipality and deposit the cost of the site into the budget account. As a rule, cadastral prices are taken into account. If there is a residential building on the provided land, the plot will be allocated to you without an auction.

Based on the agreement concluded with the local administration, you will be able to register ownership of the plot with the territorial body of Rosreestr.

Legislative framework on beekeeping - Forest Code

Plots are provided to citizens for organizing beekeeping in accordance with the Land (if the land is located within the boundaries of a municipality) and Forest (in the forest, shelter belts) codes of the Russian Federation.

According to Art. 38 of the Forest Code of the Russian Federation, on forest lands you can place apiaries, install hives, make temporary buildings, but you cannot erect permanent structures, i.e. objects with a foundation, buildings with walls and ceilings made of metal structures.

Beekeepers can use land for agricultural activities on the basis of lease agreements or register them for use.

To rent, you need to register a private subsidiary, individual entrepreneur or legal entity. P 3. Art. 9 Federal Law “On the turnover of agricultural land” dated July 24, 2002 No. 101-FZ provides for a maximum period of validity of a lease agreement - 9 years. The minimum period is determined locally.

In accordance with paragraph 1 of Art. 24 of the Land Code of the Russian Federation, lands are provided for use for running private household plots in municipalities for a maximum of 6 years. The free use agreement is concluded for a maximum of 49 years.

To place nomadic apiaries it is not necessary to register a plot. But this issue needs to be agreed upon with the farmers on whose territory the hives will be installed, the veterinary service, and local governments.

Registration with the administration of the village or village to which the site belongs, and a special veterinary permit are required.

Documents for registration of land ownership

Start registering a plot of land by collecting technical and title documentation.

The standard package of documents for registering the transfer of ownership includes the following papers:

• an application on a form approved by the registration service about the possibility of making changes to the register of rights to real estate;
• documents that are the basis for the emergence of rights to a land plot (a resolution of a local government body on the allocation of a land plot into ownership, a lease agreement establishing the possibility of a preferential purchase of a plot of land, an act on the possibility of using a land plot for an indefinite period, a purchase and sale agreement);
• a plot passport containing cadastral information;
• plan for delimiting a plot of land in relation to neighboring plots (landmark plan);
• receipt of payment of the mandatory fee for registration actions (state duty).

How to transfer a leased land plot into ownership?

How to register land ownership, read here.

All registration actions aimed at transferring ownership of a property are carried out only upon presentation of an identification document. When contacting the cadastre service through a representative, do not forget to formalize his rights with a notarized power of attorney.

When receiving a plot by inheritance, the following documents are additionally provided to the territorial body of the Rosreestr service:

• document of inheritance issued and certified by a notary;
• a certificate provided by the technical inventory bureau about the presence or absence of buildings on the land plot;
• document on the cadastral value of the land;
• an extract from the unified register of rights to real estate and transactions with it (confirms the rights of the owner);
• if the site is part of a gardening partnership, then provide a certified charter of the SNT.

When receiving a land plot for indefinite use, to register property rights, additionally provide:

• resolution of a local government body on the allocation of a land plot for ownership;
• boundary plan of the land plot;
• document confirming the presence of buildings on the land;
• deed of transfer of land.

When privatizing a plot of land due to the presence of a residential building on it, submit an application to the municipal authority in charge of the land. Please attach an extract from the cadastral registration plan to your application.

Go through the procedure for legitimizing rights to the construction project in advance. Upon presentation of a document on ownership of a residential building or dacha, you have the right to expect to receive a plot of land free of charge.

The free provision of a plot is subject to registration through a resolution of the land management committee. When a local government body makes a decision to refuse the gratuitous transfer of land and provide the opportunity to purchase the plot, draw up a purchase and sale agreement with the administration.

Land for an apiary

Previously existing regulations limited the use of forest lands for beekeeping purposes. To obtain land for rent, it was necessary to organize an auction, draw up a forest development project at one’s own expense, and annually provide reports and related documented information.

Current legislation provides for a simplified procedure for obtaining land for an apiary. In accordance with the Forest Code of the Russian Federation, plots can be allocated free of charge, which makes the registration process much easier than through an auction. But it is still a lengthy procedure (registration takes 8-12 months).

How to get a?

You need to start the process of obtaining a land plot by submitting a package of documents to the local forestry department, including:

• an application requesting the provision of land for free use for one’s own needs (the location of the plot on the map, area, and deadline for provision should be indicated);
• a copy of the passport certified by a notary or the administration of the rural settlement;
• information provided by the land relations department of the area.

If the area is unformed, i.e. is not displayed on the public cadastral map of Rosreestr, you need to register it with the cadastral register before renting or registering it for free use. Both government agencies and private individuals can initiate registration.

Registration procedure

When the application is reviewed by the Forestry Department, a decision is made to allocate the land for free use or a reasoned refusal is given in writing.

In case of refusal, you can eliminate the existing problems and resubmit the documents. If the application is approved, a contract is drawn up.

If the period of gratuitous use is more than 1 year, the land lease agreement must be officially registered with Rosreestr. To do this, you need to personally contact the MFC, send documents to Rosreestr via the website or by mail. The parties have 9 days from the date of signing to register the agreement.

Methods for registering ownership of a land plot

Land plots may be privately owned or owned by the state. State authorities represented by municipalities have the right to lease land owned by them. In the future, if the allotment is used in good faith (in accordance with its intended purpose), the tenant has the right to buy it out of state jurisdiction.

The possibilities for acquiring ownership of state land are as follows:

• receive a plot of land for free as a result of possessing a legal status for which state benefits are provided in the form of improved housing conditions (parents raising three or more children, citizens with a disability group, users of summer cottages);
• Citizens using a plot of land under a lease agreement concluded with the local administration for 3 years or more have the right to purchase plots;
• Persons who have built objects on state-provided land (country or residential houses, garages, bathhouses, etc.) have the right to privatize land plots;
• Members of dacha partnerships and cooperatives have the right to receive a plot of land free of charge as a result of the “dacha amnesty”;
• buy a plot as a result of an auction (the participant who offers the highest price has the right to count on purchasing the plot);
• obtaining a land plot based on the results of a trial (this option is common in the event of the expiration of the land lease agreement and its transfer to another person).

Purchase methods and costs

Surely, everyone has thought about how much material resources are needed to rent land or obtain ownership of it.

The entire cost of renting land for a peasant farm depends on its size and location. So, 10 hectares of land in the Moscow region will cost about 100,000 rubles per month, and its purchase will cost 990,000 rubles.

ATTENTION! In addition to purchasing, you can receive land from the state completely free of charge. This is done if the subject is ready to fulfill certain conditions, and specifically, to use the land for its intended purpose.

There are 2 ways to get free lands:

1. Auction bidding,
2. Lease with the right to transfer ownership in the future.

Auctions

In this case, it means the purchase of agricultural land from the state for almost nothing due to the potential buyer finding ownerless land that is not registered on the cadastral map.

This plot of future agricultural land is registered in the cadastral register. All received cadastre documents are sent to the department, which checks the land for legal purity and the possibility of building a farm.

Then the plot is put up for auction and after a month, the plot that has not been purchased by anyone is leased for a period of 6 years, and in the future it can become property.

This option for obtaining free land is quite dubious, since it is almost impossible to find ownerless land in the Moscow region, unlike the Far East. It all depends on the region. Also, in 90% of cases, potential buyers are found within a month after the property was put up for auction.

ATTENTION! If the administration refuses to formalize land ownership documents, all the farmer’s expenses will not be reimbursed.

Here are the more common reasons for refusal:

• The area of ​​the land plot does not correspond to its boundaries established by the state.
• Lack of some documents for registration.
• Contradictions in the documents provided.
• Encumbrance of a plot of land by third parties.

Each subject of the Russian Federation is able to independently establish certain restrictions and requirements for the content of documents, so it is always worth clarifying these nuances with local governments.

Rent

There is also a second way to get free lands without an auction. It consists of a lease with the transfer of ownership in the future.

When exploiting municipal land that has leased status for five years and using it for its intended purpose, after 5 years, the plot of land can be re-registered as ownership.

When planning a peasant farm, it is worth taking into account new articles published in 2020 - 39.5, 39.10, which imply the free use of rural plots of land by the state and municipal authorities.

In the future, the entity that has the rights of the owner can lease the land or put it up for sale.

The cost of registering land ownership

The cost of legalizing your rights to a land plot received from the state fund will be 2 thousand rubles in the general order and 350 rubles for registering ownership of an agricultural plot. For legal entities, the procedure for registering a land plot as property will cost 22 thousand rubles.

Upon receipt of consent from the local administration to purchase a land plot, the price of the plot will be determined as a percentage of its cadastral value. This indicator is determined based on the location of the land plot in relation to urban settlements and social infrastructure facilities, its size and the possibility of erecting buildings.

There are many who want to purchase a personal plot, build a house there and acquire their own, albeit small, farm. The problem is that not everyone knows how to get a plot of land from the administration in their municipality. There is a separate category of citizens who can do this for free.

If you want to find out how to solve your specific problem, please contact the online consultant form on the right. It's fast and free! Or call us at :

+7 Moscow, Moscow region

+7 St. Petersburg, Leningrad region

8 Federal number (free call for all regions of Russia)!

Land lease: who has the right to own the land

Registration of a leased land plot into the ownership of its temporary user - the tenant - is enshrined in legal norms, in particular Art. 39.9, 39.18, 39.20 of the Land Code of the Russian Federation, as well as other legislative acts of the municipal and federal level.

Their implementation ensures legal access for a wide segment of the country's population to land resources to fully satisfy their needs for acquiring more comfortable housing and the opportunity to engage in peasant and farm labor.

According to the general procedure, in order to eliminate the corruption component in the processes of sale and purchase of leased lands, their redemption is carried out using tenders (auctions). The price of land at the auction is determined as the maximum value offered by the participants.

However, the topic of our article is devoted to the purchase of land from lease from the city administration without holding a tender. Popularly, this procedure is also called privatization of a land plot.

So, how can this procedure be carried out in practice and who has this right?

We will not go into details of how and who can purchase land from the state without holding a tender; we will focus specifically on situations where the land is leased.

The Land Code states that any person who meets certain criteria has the right to transfer a plot of land from lease to personal property.

These include:

1. A citizen who has a leased land plot and at least an unfinished construction project is registered on it - a private house
2. An individual or legal entity to whom the land is transferred for farming activities
3. Persons who have been given a plot of land for rent or free use for the comprehensive development of land

Since 2020, the possibility of acquiring land without bidding for a fixed amount has been introduced at the legislative level. This possibility is regulated in particular by paragraphs. 9, 10 p. 2 tbsp. 39.3 of the Land Code of the Russian Federation.

The transfer of land from lease to ownership is carried out subject to the following conditions:

1. Lease lasts 3 or more years
2. Purchase is possible only by the tenant
3. An application for concluding a lease agreement must be submitted no later than one day before the expiration of the lease
4. On the land plot, there are real estate objects owned by the tenant

We will add information regarding NPOs.

When a plot of land leased by a non-profit organization (NPO) as part of a complex development territory is planned to be allocated for individual housing construction, then if the area is divided into separate plots for individual housing construction, any member of the NPO has the right to subsequently purchase them without bidding.

Who has the right to a land plot for free

The list of applicants who can count on free registration of the site includes:

• Persons renting land where, over time, a residential building was erected. This plot can be registered as the property of a citizen who owns real estate;
• Persons using a land plot based on perpetual or lifelong ownership (with inheritance rights). This category of persons has the opportunity to obtain a plot without paying for it, only once. Making any kind of additional payments is considered illegal;
• The persons indicated in the previous position, taking into account all conditions, and if buildings or residential structures are additionally located on the site.

The first thing you need to do is write a separate statement to the local administration. Attached to it are documents confirming the plaintiff’s right to own the land plot on a life-long basis.

Who else has the right to count on free land distribution?

The following beneficiaries, enshrined in federal legislation itself, have the right to this. Among them are:

• Veterans of the Great Patriotic War who have families, if they have lost their ability to work;
• Contract servicemen, when calculating their work experience from 5 to 15 years (each case is considered separately). Such citizens can lay claim to land, using it to build their own homes and engage in agriculture;
• Citizens who have served in the Ministry of Internal Affairs for at least 15 years. On the lands provided to these citizens, it is possible to initiate construction;
• Orphans. The latter may be given plots for use that were previously assigned to their parents.

At the moment, the reform of internal affairs bodies has been launched within the Russian Federation. If we evaluate legislative acts based on this position, then law enforcement officials also have the opportunity to receive a site for free.

In addition, taking into account police service lasting 15 years or more, the right to receive land arises: within urban areas - 0.06 hectares, in a village - 0.10 hectares, in rural areas - 0.25 hectares.

How to obtain land ownership from the state for free?

To whom land plots are entitled for free, read here.

According to the same legislative norms, it is possible for employees who have retired, including family members of employees who died in the performance of their duties, to obtain a plot.

In addition, heroes of labor, as well as order-bearers, also have the right. We have not forgotten about families with the status of large families.

How to get a plot of land from the state for free

The chance of receiving free land from the state is quite real. There are a couple of options, however, a rather important point is to determine the optimal one for a particular situation.

The first option involves the construction of any kind of real estate on an unregistered plot. Each region has a specific time indicator for land ownership.

There is a separate mention in the law that when a site is not used for three, five, and in some cases even ten years (other periods may be established), then it can be considered unowned.

For this reason, a person who has decided to build a residential building on such a site, or to start arranging the site according to his personal preferences, and no one has made any claims against him for a long time, then in this case he has the right to appeal to the authorities to initiate registration in his property of such a site.

Naturally, this option involves some risk, since in this case the applicant is not insured against the fact that the actual owner of this land may suddenly appear or the registration process will be considerably delayed.

Sometimes, for a number of reasons, local authorities may refuse to provide free land. This option, of course, is the simplest, however, it contains the risks of unpleasant consequences.

The second option is to send a separate application to local authorities to participate in the auction. This option is quite real, and without the “pig in the bag”, so there is no risk here. However, to begin to act in this direction, you need to have a clear understanding of the necessary steps.

That is, it is necessary to find a plot that has not been processed and a cadastral passport has not been issued for it. To clarify information about the cadastral passport and whether the plot is in the possession of third parties, you need to contact the State Register. If more accurate information is needed, contact the land surveyor.

It is he who has accurate information about the site, and he can tell whether the site is in someone’s possession (be it a private person or the state). If the site belongs to the state, a separate certificate is issued to confirm this fact. Then you will need to clarify the location of the selected land plot.

All this is needed to have an idea of ​​where to apply to register the site. When all the information has been collected, an application is written to individual authorities with a request to register the selected land plot, indicating the purpose of its use. Local authorities will give instructions for conducting geodesy of the site and issuing its cadastral passport.

The whole procedure is not carried out for free, therefore you need to prepare for the fact that you will have to spend a certain amount, however, it will still be significantly less than what would be needed to purchase land at market prices.

When all actions are completed, the authorities ensure that information about the auction of a particular plot of land is published in a local newspaper. Anyone who wishes can take part in it.

Of course, at this point you do not win, since there may be many such people, and it will be very difficult to compete with some. However, such cases are rare.

Who has the right to free land from the state

Clause 14, clause 2, art. 39.6 of the Land Code of the Russian Federation provides for the provision of land plots to citizens who have the right to priority or extraordinary acquisition of land plots in accordance with federal laws, laws of constituent entities of the Russian Federation, as well as the provisions of your “local” Regional Law “On the regulation of land relations in the *** region”, a list is established and categories of citizens entitled to the provision of a land plot, taking into account - Need.

Please note that you can receive a free plot of land for building a house only once and only from the state or municipal land fund. Land owned by other individuals and legal entities can only be purchased, donated or inherited.

Federal benefits

Federal legislation establishes the following categories of citizens who have preferences for the provision of land plots free of charge:

1. Heroes of Russia - (Law of the Russian Federation of January 15, 1993 N 4301-I “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory” (with amendments and additions));
2. Heroes of Labor of Russia (Federal Law of January 9, 1997 N 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory” (with amendments and additions).

For citizens who have federal awards, plots of 8 hectares in urban settlements and 25 hectares in rural areas are allocated.

Regional benefits

At the regional level, land plots are provided to the following categories of citizens:

1. Large families with three or more dependent children;
2. Citizens registered with municipal authorities as needing housing;
3. Family members of the deceased hero of the Russian Federation;
4. Young families with or without children (2 different programs);
5. Young professionals;
6. Orphans;
7. Disabled people of groups 1, 2 and 3, as well as families with a disabled child. The benefit is to receive land in SNT for rent on a special priority basis (not as long as, for example, large families) and without participating in the bidding procedure;
8. Military personnel;
9. Veterans of WWII and other military operations. Veterans with military awards can apply for plots of up to 20 acres in cities and up to 40 acres in villages;
10. Police Department employees;
11. Liquidators of the consequences of the accident at the Chernobyl nuclear power plant;
12. Pensioners (under certain conditions);
13. Public sector employees;
14. Families in which a dependent person is disabled or a veteran, as well as families who have lost their breadwinner who died while participating in hostilities;
15. Residents of rural areas, provided that they have reached the age of 35 years, have completed professional training in the field of medicine, agriculture, culture, education and work in their specialty;
16. Citizens serving in the army under contract;
17. Religious organizations.

This list is constantly updated and cannot be called exhaustive.

Keeping records of citizens for the purpose of free provision of land plots in accordance with the “Regional Law” is carried out in the manner established by local governments of municipal districts, city districts, and settlements. Registration of citizens for the purpose of providing land plots for individual housing construction, running personal subsidiary plots or creating a peasant (farm) enterprise is carried out separately.

But there is also bad news - for citizens with three or more children, changes have been made to Article 39.5 of the Land Code. Now the regions have been given the right to provide support only to those families that are registered as needing improved housing conditions or meet this status (up to 11 square meters of housing per person). That is, they will give you a choice of either a plot or another form of support.

Most likely, the new rule will begin to apply to other categories of beneficiaries, who, in order to receive land for individual housing construction, will have to be registered as those in need of housing.

Resettlement programs

If a regional program for the provision of land plots has been adopted in the region of your registration, then you have the right to write to the MFC an application for free allocation of land from public property. The queue will be separate from the beneficiaries listed above. The approximate waiting time in the queue is 3-5 years.

The Supreme Court decided whether the municipality can seize land for private interests

The Economic Collegium of the Supreme Court considered a dispute based on a complaint from a businesswoman from Ufa, from whom her land and non-residential premises were forcibly seized. She argued that she was deprived of the land not for the development of the territory and municipal needs, but in fact for private interests: the future object should become the property of the developer. Troika had to decide what role the Land Code plays in this case, how many stages there are in the seizure, and why the city administration is not addressing the issue of compensation.

In December 2013, individual entrepreneur Olga Gimaldinova appealed to the court with a demand to invalidate the resolution of the administration of the urban district of the city of Ufa of the Republic of Bashkortostan dated July 18, 2013 No. 3612 “On the seizure of land plots, residential premises and resettlement of citizens” (No. A07-21632/2013) . With this document, it was decided to seize the land that belonged to it and demolish the administrative building on it, and the developer, “Oil Financial and Construction Development of Built-Up Areas of the Urban District of the City of Ufa for 2007–2015,” was to undertake the purchase at his own expense.

All authorities rejected Gimaldinova’s demands. They considered that the administration acted within the limits of its powers - as part of the implementation of the program for the development of the built-up area, and the legal basis for the seizure of land for municipal needs was subsection. 3 p. 1 art. 49 of the Land Code of the Russian Federation, which provides for such withdrawal in cases established by federal laws. This law, the judges considered, is the Town Planning Code of the Russian Federation, in Art. 46.1 of which establishes the possibility of making decisions on the development of built-up areas within the powers of local governments.

IP Gimaldinova filed a complaint with the Supreme Court of the Russian Federation, and Judge Elena Borisova decided to refer the case to the economic board for consideration. The meeting took place there on October 20.

Interaction of norms

In her complaint, Gimaldinova primarily referred to the incorrect application of Art. 46.1 Civil Code of the Russian Federation. According to Part 3 of this article, a decision on the development of a built-up area can be made if there are apartment buildings on such territory, the demolition and reconstruction of which are planned on the basis of municipal targeted programs. Thus, the entrepreneur pointed out, this provision does not apply to owners of non-residential premises. This is proven by the municipal program itself, the goal of which is to provide comfortable and comfortable housing for citizens living in dilapidated and dilapidated residential buildings.

However, in accordance with Part 4 of Art. 46.1 of the Civil Code, in addition to apartment buildings, other capital construction projects may be located on the territory in respect of which a decision on development has been made, but provided that the type of permitted use and their limit parameters do not comply with urban planning regulations. According to the lower authorities, these criteria were present in the case of Gimaldinova, which is confirmed by the town planning conclusion. Gimaldinova noted that in this conclusion specific capital construction projects that do not fall under the regulations are not indicated, which means that Part 4 of Art. 46.1 Civil Code of the Russian Federation is not allowed.

According to Gimaldinova, the provisions of Art. 46.1 of the Civil Code of the Russian Federation do not apply to circumstances the presence of which is Art. 49 of the RF Land Code binds the possibility of seizure of land plots owned by private individuals for state and municipal needs. “If a decision on seizure is made, then it must be based on Part 3 of Art. 46.1, where multi-apartment residential buildings are indicated,” she explained at a meeting in the Supreme Court. – In other cases, apply Art. 49 of the RF Land Code, the legislator does not allow.”

Gimaldinova also drew attention to the fact that the municipal program itself did not provide for the demolition and reconstruction of the disputed premises. The streets were listed there, but specific objects were not named. This means, she insisted, that the conclusion of the lower courts that the seizure of land and demolition of premises was carried out in order to implement the municipal targeted program does not correspond to the actual circumstances of the case.

“Clearly not municipal needs”

Gimaldinova also focused on the fact that they wanted to seize the disputed lands not for municipal needs, but for private interests, which contradicts the provisions of Art. 235 of the Civil Code of the Russian Federation and Art. 49 of the Land Code of the Russian Federation. Thus, the master plan for the development of the city of Ufa did not provide for the construction of municipal facilities on the territory of the confiscated land plots, the complaint says. According to the individual entrepreneur, on her land, where the administrative building that belongs to her is located, a project has been approved for the placement of another administrative building, which should become the property of the NFGC - that is, it will also become private property. “These are clearly not municipal needs,” she emphasized at the meeting. “The development itself is commercial in nature.”

In addition, the individual entrepreneur indicated, the administration did not comply with the procedure for confiscating the land plot: it did not notify her about this, did not agree on the terms of the purchase, in particular the price. “Even geodetic surveys were not carried out on my site! - she said. “And if the administration believes that the building is dilapidated, then they should have done it!”

In her opinion, the lower authorities approached the resolution of the dispute formally: they did not check the existence of legal grounds for the seizure of land plots and public interest, as well as the proportionality of the interference of municipal authorities in private interests. “The main criterion for the development of a built-up area is the object itself,” Gimaldinova said several times at the meeting. “Only he allows you to make or not make a decision.”

There is no evidence with me...

Speeches in the Supreme Court by Gimaldinova's opponents - representatives of the administration and the NFSC - were short and, rather, were answers to questions from the judges.

“Name those points of the municipal program that involve the demolition of objects belonging to the applicant,” Judge Borisova asked the administration lawyer.

– There is a defined block with a list of specific streets. The plots were specified directly in the decision on seizure.

– But the seizure must occur within the framework of a targeted municipal program. Or do you leave some room for the adoption of any order that will additionally indicate what is subject to seizure? Why then do we need the program? – Borisova was surprised.

The administration lawyer was unable to answer anything definitive, and the economic board began asking her about how the issue of compensation for the seizure was resolved. According to the representative, the decision on seizure is only the first stage, and the compensation procedure is the subsequent one.

– Where is this indicated? – Borisova did not hide her surprise. – Where do you come to such a conclusion? You have made a record of the encumbrance in the Unified State Register. Have you done the assessment yourself? Have you had a conversation about the seizure? Maybe the price would suit the applicant?

– As far as I know, negotiations were held, but there is no evidence with us...

No agreement

Then they began to discuss the goals of confiscating the disputed land.

– Does the administration somehow teach the constructed areas or is it all commercial housing? – the judges were interested. – Or, perhaps, an agreement has been concluded on the provision of certain apartments into municipal ownership?

– 10% is transferred to the municipality, if I’m not mistaken. This is not exclusively a private interest,” answered the administration lawyer.

– Where does this come from? - Borisova asked.

Again there was no answer, and the judges decided to turn to a representative of the NFSC for help. According to him, under an agreement on the development of a built-up area with the administration, the company will resettle two houses and transfer new areas under a social rental agreement. “A separate agreement is currently being prepared, but it does not exist yet,” he added.

The judges retired to the deliberation room, where they spent more than an hour. As a result, the “troika” (Borisova, Olga Kiseleva and Natalya Chuchunova) decided to cancel all acts of lower authorities and send the dispute for a new consideration.

• Courts and judges
• Supreme Court of the Russian Federation, Collegium of the Supreme Court for Economic Disputes
• Town Planning Code, Land Code of the Russian Federation

Method number 1 - submit an application and wait in line

If you belong to the preferential category of citizens listed above, or have decided to participate in the national program, then it will be enough for you:

1. Write an application “On queuing up to receive a land plot” at the nearest Multifunctional Center (MFC). The application form will be provided by an MFC employee.
2. When it’s your turn, you will be invited to the administration to draw a plot. Yes, exactly a drawing, since you will be offered to draw a ticket with the cadastral number of the land plot that will go to you. You will be able to refuse the “extended” section, but then you will have to stand in line again.

The approximate waiting period in the preferential queue is 2-3 years. According to national programs, land can be obtained in a few weeks.

Let me remind you. that you can apply for a free plot of land for the construction of a residential building (IHC) only as part of improving housing conditions (the area of ​​housing according to registration is less than 11 sq.m. per person). Everyone else is given land for gardening (SNT) or vegetable gardening, where they can also build a residential building and register the house under the dacha amnesty.

Procedure

You can either obtain existing land or negotiate with the administration about its allocation and location. Only the land plot that is registered in the cadastre is subject to transfer.

If there are no such lands, then first of all it is necessary to carry out the land surveying procedure, that is, determine the boundaries and put them on the plans, and also enter the data into the Rosreestr.

IMPORTANT! All financial costs for cadastral work are borne by the interested party, that is, a citizen who has expressed a desire to purchase a plot of land from the administration for individual construction of a house.

The procedure is as follows:

1. Submitting an application to local authorities for the issuance of a land plot.
2. If a positive decision is made, then you will need to order a cadastral plan from Rosreestr or carry out work related to cadastral registration. These services are paid.
3. Draw up an application for the purpose of inspecting the utility networks that pass through the site area.
4. Get a plan containing information about the location of communications.
5. Agree on the plan and get permission to build a house.
6. Sign an act on the gratuitous allocation of a plot of land for individual housing construction.
7. Register your rights to this site.

It is possible to obtain land for the purpose of constructing residential premises not only as a property. Quite often it is leased free of charge for several years. After completing the construction of the house and putting it into operation, the site can be privatized.

Method No. 2 - receive land from the state without a queue

If you want to get land without a queue, you will have to look for a free municipal plot yourself and then apply for it. I propose to consider this method in more detail, since it makes it possible to obtain a plot of land in 2-3 months.

Step 1 - find the municipal plot on the cadastral map

Open the website of the public cadastral map: pkk5.rosreestr.ru and hover over the land plot you are interested in. So online you will receive the minimum necessary information: cadastral number, land category, area, permitted use, address, cadastral value, restrictions and encumbrances.

But most importantly, this way you can find out whether the site is free from private property. In the “Services” tab, select the “reference information on the property” section, then at the bottom of the page click “Generate a request” and click on the link with information from the Unified State Register.

We are interested in the “Rights and Restrictions” item, which is missing here, which means the site is free. Here you can submit a request for registration of rights by clicking on the appropriate link.

Step 2 - make sure the site is publicly owned

Before submitting an application for a found plot, I advise you to document that there is no private owner or tenant. Unfortunately, RosReestr provides information about owners only on a paid basis. But if the plot still belongs to someone, but the information on the cadastral map (as often happens) has not yet been updated, you will save at least a month waiting for a response from the administration.

We need the special notes in section No. 1 of the extract from the Unified State Register to indicate: “The information necessary to fill out section 2 is not available.” This means that the land plot is in public (state) ownership and does not have a private owner or tenant.

Rosreestr sends extracts from the Unified State Register within 3 days (there are delays). If you want to make sure that the owner is absent faster, I recommend ordering extracts directly through the Rosreestr API - this way you will receive the document within an hour. The cost is the same - 250 rubles, the official data is from the Unified State Register of Rosreestr and is confirmed by the registrar’s electronic digital signature (EDS).

Extract from the Unified State Register of Real Estate, which I recently ordered through the Rosreestr API

Step 3 - submit an application for a land plot

When a free plot is found, you must submit an application to the district administration (or the same MFC) for the provision of a land plot. The application can be submitted electronically on the State Services portal or during a personal visit (recommended). The application shall indicate the following information:

• surname, name, patronymic of the applicant;
• passport data;
• registration address and place of actual residence, home or mobile phone number, email address;
• description of the essence of the request;
• address or description of the site location;
• cadastral number;
• list of attached documents.

In addition to information about the land plot, the application must contain documents that serve as proof of your right to receive it free of charge. If the interests of the applicant are represented by third parties, a notarized power of attorney is required. When submitting documents in person, the employee must give you a receipt for receipt of documents or an incoming application number.

The application review period is 30 days. During this time, the applicant must receive a resolution from the head of the administration on the allocation of a land plot or a justified refusal. The decision to refuse can be appealed to higher authorities or in court.

Step 4 - conclude an agreement with the administration

Upon expiration of the review period, the administration will invite you to conclude a lease agreement for a period of 3,5,10 or 49 years (the lease period depends on the type of permitted use). After signing and registering the lease rights in RosReestr, you become the legal owner of the land plot.

Please note that owner and proprietor are fundamentally different concepts. Since you submitted an application for preferential receipt of land, the plot will be transferred to you for use without an auction. But you need to be prepared for a possible draw with other applicants: the process resembles the Lotto game, only instead of barrels there will be notes with cadastral numbers of land plots.

Step-by-step instructions for registering land from lease to ownership

Documents collected incompletely, or the use of inaccurate data or information with errors when filling them out will certainly lead to a refusal to purchase the leased plot of land.

The refusal, in turn, will be accompanied by non-refundable funds (paid state duty is not refunded), as well as possible nervous shock. After all, when something doesn’t work out, it’s always unpleasant. In this regard, be careful when taking your first steps.

1 Step. Collection and preparation of documents

The documents listed in the subsection “What documents are required?” are being collected. of this article.

Particular attention should be paid to the official definition of the boundaries of the leased plot of land, which is planned to be purchased from the administration.

The absence of officially fixed coordinates of the site on the ground is a legal reason for refusal to purchase it.

The boundaries are secured through land surveying, which consists of agreeing on the boundaries of the site with neighbors and officially determining the coordinates of the site, followed by written documentation.

Land surveying is carried out by a trained specialist (cadastral engineer). The service is paid (from 5 to 10 thousand rubles) and is performed at the request of the tenant.

Cadastral registration plays an equally important role.

Step 2 Cadastral registration

This step is performed only if there is no cadastral passport for the leased plot planned for acquisition. You can find out whether it exists or not by requesting a cadastral extract through the MFC or via the Internet.

You can independently see whether the site is registered on official Internet sites (pkk5.rosreestr.ru; publichnay – kadastrovaya – karta.ru, etc.).

Cadastral registration is carried out upon presentation of a citizen’s passport, a boundary plan indicating the official establishment of the boundaries of the site, and a receipt for payment of the state fee.

3 Step. Contact the administration and get a resolution

Having a cadastral extract, you should take care of the decision of the head of the municipality authorizing the purchase.

You need to write an application addressed to the head and attach a cadastral extract, a photocopy of it and pay the state fee.

4 Step. Concluding a purchase agreement for a leased plot

Having received permission from the municipality, a purchase and sale agreement for the leased land plot is drawn up in a simple form.

The buyer then deposits the money into the municipality's financial account.

5 Step. Registration of a transaction

An agreement on the purchase of a leased plot of land is registered with the territorial body of the Federal Registration Service with the following documents attached:

1. Applications for state registration
2. Chapter Permissions
3. Extracts from the cadastral plan of the site
4. Receipts for payment for registration services

It is important to know that registration services have different costs depending on the location of the land:

• 350 rubles – for a plot of land under a dacha and a garage
• 100 rubles – for agricultural land
• 200 rubles – for the territory under an apartment building
• 2 thousand rubles – for a plot of land under and around a private residential building

Having submitted the documents for registration, you receive a receipt confirming the official acceptance of the papers indicating the deadline for receiving the result and calmly wait for the appointed day of receiving the buyout agreement from the registration authority with a note about its registration (or a reasoned reason for its refusal).

6 Step. Receive an extract and you are a happy owner

The decision to register the right to transfer ownership of the leased plot or to refuse it becomes known 14 working days after submitting the documents.

If the decision is positive, the documents can be received in person or through a representative acting under a notarized power of attorney.

Registration of land is a labor-intensive process that requires specific knowledge on the correct collection and development of the required documents. Otherwise, difficulties and additional costs of time and money cannot be avoided.

Is it possible to change a plot for a beneficiary to a plot in another location?

It will be possible to change a land plot only if it is recognized as unsuitable for the purposes for which it was issued. Those. if it’s an individual housing construction project, but it’s impossible to build a house there, then they’ll change it. Reasons such as market value and location do not serve as a reason for replacing a land plot. In such cases, I recommend that you first obtain/register the land, and then, in accordance with civil law, you can enter into an exchange or sale agreement.

Also, after receiving a “preferential” plot, you have the right to again contact the administration for the plot of interest to you, but on a general basis to lease the land from the state (method No. 4). You are also not limited to challenging the decision in court. If you contact the administration, please contact the administration in writing; a verbal refusal is not supported by anything.