There is a plot of land, but there are no documents for it

Privatization conditions

In addition to the law on dacha amnesty, starting from 2020, the requirements for preparing documents for dachas were again relaxed. Previously, the relaxation dates back to 2012. In order for a dacha to become property, the following conditions must be met:

the land plot was registered with the dacha cooperative until 2001;
the owner of the plot is a member of the dacha cooperative;
the plot cannot be withdrawn in favor of the state, it should not be limited;
the owner has in his hands a document confirming his right to own the land.

In addition to a dacha cooperative, this may be another organization, for example, a gardening partnership. In addition, there are cases when a citizen has documents for the land in his hands, the plot is registered in the cadastral register, and there are documents confirming the right to property.. In this case, the situation is simpler. Let's talk in more detail about what is a document confirming the right to property. It could be:

contract of sale;
certificate of ownership (of any type, even outdated);
gift agreement;
decision of the cooperative to assign a plot to a specific citizen;
certificate certified by a notary, and others.

A new land plan is needed, the plot must have a cadastral number. Before registration, it must be ordered in advance at the cadastral office. The nuance here is that areas of dacha farms are very often not taken into account. The process of obtaining a cadastral passport is divided into two stages:

land surveying (determination of boundaries);
assignment of cadastral number.

Unfortunately, this process is long and expensive. It can last a year, and if one of the neighbors does not agree with the borders, it can last for an even longer period. For all questions regarding the privatization of land plots, you can seek advice from lawyers on our website.

Registration procedure

The entire privatization process can be strictly divided into three stages:

How to register land ownership if there are no documents - procedure

It is possible to register ownership of a plot of land even if the user does not have any documents confirming the validity of its use for personal purposes. Where to start the registration procedure, and which authorities should I contact to carry it out?

Carry out a survey of the land plot. This procedure can only be carried out by qualified surveyors from a land surveying company.
Carry out land surveying, i.e. designate the exact boundaries of the land plot being registered. To do this, it is necessary to conclude an agreement with a geodetic company to perform the relevant work. An extract with the survey results is usually prepared within 1.5 months from the date of application.

If documents are missing

In addition to this process, in the absence of a number of documents, citizens enjoy the so-called “dacha amnesty”. It applies to lands acquired in ownership before 10/30/2001. The only basis for fulfilling the condition is the presence of a resolution on the provision of a land plot, however, very few people have this document in their hands. If any difficulties arise, take advantage of free legal advice on our website.

In such a situation, the owner of the plot was left almost completely without documentary support. Such plots could not participate in property transactions or be inherited. Naturally, they could not participate in privatization, since they were not registered in the cadastral register in accordance with the norms of Law 122-FZ, adopted on July 27, 1997. The situation can be changed by contacting the authorized authorities.

Before proceeding directly to the instructions, familiarize yourself with the rights and responsibilities of the owner (if you need to find out or find the owner, read this article).

When can registration be refused?

Often citizens use land that does not belong to them by law. This is risky, since the plot can be seized or bought out at any time. Registration of land ownership if there are no documents for the land is possible only if the potential owner takes care of collecting all the necessary papers to complete the registration procedure.

In some cases, an application for registration of ownership of a plot may be rejected:

strategically important or military facilities are located near the plot;
the territory is a protected area or is owned by a park;
land is reserved for the implementation of a government program;
individuals or organizations already have legal rights to the object.

In many localities, documents can only be submitted to the “My Documents” MFC. From there they are transferred to the Companies House. If there is no MFC in your locality, then the documents must be submitted directly to the Registration Chamber.

The submission of documents to the MFC or the Registration Chamber itself does not differ, so in the instructions I indicated through the MFC.

All owners/users of the site or an authorized representative need to contact the MFC, pay the state fee and submit documents.
The state fee for registering a land plot in ownership is 350 rubles (clause 24, clause 1, article 333.33 of the Tax Code of the Russian Federation). The cash desk is located in the MFC building itself. After paying the state fee, in order of priority, give the following documents (originals and copies) to the employee:
Based on the documents received, the employee will draw up applications for cadastral registration of the site and registration of ownership. The plot will be assigned to all applicants equally, everyone will have an equal share. The application must be checked and signed.
After signing the applications, the employee will pick up the documents (except passports), issue a receipt for these documents and set a date when they can be picked up.
The documents will be sent to the registrar. Now all that remains is to wait for registration. Duration - 12 working days (clause 6, clause 1, article 16 of the Law on Real Estate Registration). In practice, there are delays, it all depends on the workload of the MFC.
On the appointed day, pick up a written notice of registration of rights and other submitted documents. Have your passport and receipt with you. Additionally, an extract from the Unified State Register for the site will be issued. It will indicate that the plot is now registered as ownership, the date of registration, full names of the owners with their shares, etc.
Sample extract from the Unified State Register of Land Registers
(click on the picture to enlarge it)

Not all categories of land plots can be registered as private property. For example, a citizen will be denied if:

the plot is used for the purposes of the Ministry of Defense of the Russian Federation;
from a legal point of view, this site belongs to another person or organization;
the site was previously reserved for the implementation of a government project;
The object is located in a reserved, specially protected area.

The list of plots prohibited for transfer to private ownership is established by law.

If you encounter difficulties with registering land ownership without documents, seek advice from a professional lawyer. A specialist will review your situation and be able to make recommendations on further actions.

Registration of land ownership

The owner of a land plot can transfer the plot by inheritance, rent it, or sell it, but this is possible if there are certificates confirming registration. The material presented will tell you how to register land ownership, which authorities to contact, and which papers to prepare.

The legislative framework of the Russian Federation does not stand still, it is developing, offering citizens favorable conditions for the use of property. Land plots that became property before 2001 were registered in the same order; starting from 2001, the procedure has changed in nature, and now there are innovations in place, which everyone is recommended to familiarize themselves with.

Registration of land ownership in 2020 is simplified. In this order you can register:

A plot for which ownership was obtained before 2001.
A plot with a residential property (if the land was acquired before 1990).
Land intended for gardening, on which houses are built without permission for construction work.

A simplified registration procedure is provided for garden communities and cooperatives. If the subject has owned the land plot for a long time, there are entries in the business accounting book, documents confirming the ownership of the old model, the procedure for registering a plot of land as a property is simplified.

Step-by-step instruction

In order to operate the plot, the owner of the land must undergo a registration procedure within the framework of the law. If this is not done, the rights to use and act will be limited, and transactions will be declared illegal.

Step-by-step instructions for registering land ownership in 2020 will help you do everything correctly, in the right sequence. Subject actions:

Collection of documents.
Contact Rosreestr.
Submitting an application.
Extract from the Unified State Register of Real Estate

You can submit an appeal not only to Rosreestr, but also to the MFC. The application is considered within two weeks from the date of receipt.

This is the procedure if the land has established boundaries. If not, you need to invite a specialist to carry out land surveying. If deadlines are tight, use the service for free, but you have to wait. If you want to resolve the issue in a short time, you will have to pay. A land survey plan is needed to draw up a boundary act, which can be found in a certificate from the Unified State Register of Real Estate .

To carry out various types of manipulations with the land, the site must be registered. This is done in the Cadastral Chamber or MFC.

The next step is to contact the local settlement administration. Afterwards, you can register ownership.

Subtleties of registration when buying and selling

Law on registration of land ownership

involves going through the procedure through a notary office. In the presence of a lawyer, the parties agree to carry out the transaction (the consent is expressed in writing).

Afterwards, the buyer applies to the registration authority to secure ownership rights to the plot.

Documents for registration of land ownership:

An extract from the Unified State Register of Real Estate showing the cadastral plan.
A receipt confirming payment of all expenses (state fees).
Contract of sale.
Identification document of the applicant.

If the applicant cannot personally contact the registration authority, this right is possessed by a person who has a notarized power of attorney. The authorized subject must have with him a document proving his identity, confirmation of the right to manage personal affairs.

It is recommended to first check with representatives of the registration authority for the list of documentation. The circumstances of the transfer of land rights from one entity to another are different, and depending on them the list of certificates may change.

After receiving the package of documentation, the representative of the registration authority issues a receipt to the applicant. Information about the readiness of the certificate is transmitted over the telephone.

To register property, you can contact the registration authorities in person, submit an application to the microfinance organization, go to the State Services website, and submit the form electronically.

Obtaining permission removes restrictions on the right to dispose of real estate; if there is no permission, the owner’s rights are limited (the asset cannot be sold, leased, inherited, or given).

Attention! Mandatory after registering the right to a land plot, be sure to order an extract from the Unified State Register of Real Estate on the official website: https://rosreestr.info/ in order to ensure that the data is correct.

Privatization of land

Having decided to privatize a plot of land, be prepared for a complex, lengthy process. City residents submit documents to the city administration, district residents to the village council. The decision is made within 14 days from the moment the package is accepted.

If the decision is positive, subsequent actions depend on the situation - the plot is transferred for a fee or free of charge. Paid – purchase and sale agreement, free – by inheritance.

Regardless of the method of receiving the loan, the next step is to contact Rosreestr. At the time of contacting the registration authority, the subject must have the following documents on hand:

Identification.
Contract of sale.
Decision of the state administration.

Additionally, a receipt for payment of the tax fee, an extract from the cadastral plan, and an application requesting to register the land asset are attached. Along with the land, you can register the buildings standing on it; registration of ownership of land and house is simplified.

Important! If the structure standing on the site is the property of the village council, it is recommended not to privatize it, but to issue a buyout.

Transfer of rights under dacha amnesty

The dacha amnesty has a simplified form of registration of ownership of an allotment ( new in the registration of land ownership

). This is a temporary program, the deadline has been extended until the end of 2020. Experts recommend that anyone who wants to obtain ownership of a real estate asset take advantage of the dacha amnesty.

Category of citizens entitled to take advantage of the dacha amnesty:

Persons who have the right to an allotment, which cannot be challenged (indisputable right).
The owner of the allotment (the land belongs to the partnership).
Persons who have started but not completed registration.

Certificates and papers are submitted to representatives of Rosreestr or MFC. Please note: government officials may require a cadastral passport or land survey plan.

The decision is made within 10-30 days, the procedure is valid until the end of December 2020, at the end of this period the registration is transferred to the standard mode.

If you own the land, you must order an extract from the Unified State Register of Real Estate!

Registration of rights after lease

The owner of the land plot can dispose of the plot at his own discretion, donate it, sell it, transfer it for temporary use under a lease agreement.

The user of the leased asset may express a desire to purchase the site. Transfer of ownership occurs in one of the following ways:

Privatization.
Purchase and sale (before contracts you need to buy an extract from the Unified State Register of Real Estate ).

Having decided to buy the plot, the first thing the future owner must do is obtain permission. A real estate property may have an owner as a private person or as a municipality or village council. Without permission, further manipulations are impossible.

Having received permission, you can contact a notary to conclude and certify the transaction. The transaction is concluded in writing, after which the documentation is transferred to Rosreestr or MFC.

If the tenant plans to erect a building (barn, garage, warehouse) on the land for agricultural activities, it is recommended to privatize the land plot.

During registration, you must present the basis agreement. If this is not the case, be prepared to collect a large number of additional documents confirming the fact that the land area has been leased.

for new articles

Source: https://rosreestr.info/oformlenie-zemli

You must have a title document on hand

A citizen must have in his hands some document of title to the plot, which confirms the fact of transfer of the plot for use/ownership. This could be: a certificate/agreement/act from the municipality on the provision of a site for indefinite use or lifelong inheritable possession;

If a citizen has died, then his heirs can register the plot, but also only through the court.

The rest of the area will have to be purchased under an additional agreement, which scammers can take advantage of. It is best to visit the local authority responsible for real estate transactions before making a transaction. There it will be possible to determine whether the acquired land is suitable for the purposes pursued by the buyer. In addition, the contract must be shown to a notary.

It is recommended to transfer money during the purchase and sale only after confirming the possibility of registration. This will protect both sellers and buyers of plots from fraud.

Find out if it's possible. How to register the purchase and sale of a summer house? See. Some of the plots are located in SNT or dacha cooperatives.

Documents required for registration

If the owner of the plot wants to dispose of the property at his own discretion, then he must go through the property registration procedure. It doesn’t matter how you acquired the land (donation, purchase, inheritance), legal confirmation of ownership of the plot is required. To register ownership of a plot, you will need the following papers:

Passport.
Receipt for payment of state duty.
A paper confirming that the site has been transferred for lifelong use. It may have a different name, but this does not change the essence.
You must obtain an extract from the business register from the local administration.
A certificate confirming the fact of purchase of the plot is issued by the local government. It does not mean that you are the owner of the land, but only implies such a possibility.
Other documentation indicating that the plot belongs to one person or another: purchase and sale agreement, donation agreement, inheritance agreement.
Statement. It needs to describe in detail for what purpose you are purchasing the land.

Registration of a plot without any documentation is permitted if a house is built on it, the owner of which is the applicant.

In this option, it is enough to have on hand:

passport;
a document confirming the ownership of real estate, namely a certificate of state registration of title.

Having all the necessary papers significantly speeds up the registration process, but in practice, collecting documentation is often associated with some difficulties.

The reason is that most of the plots were acquired before the Land Code came into force (2001), therefore they do not have a cadastral plot passport and a title document. Therefore, the procedure may last indefinitely.

How to purchase a garden plot without documents and register it as ownership

Good afternoon! you can purchase this land plot, and then go to court to recognize the ownership of it. In accordance with the Federal Law "On gardening, gardening and dacha non-profit associations of citizens" dated April 15, 1998, citizens who own garden plots on the right of lifelong inheritable ownership or permanent perpetual use have the right to register ownership of the plots in accordance with Article 25.2 of the Federal Law "On State registration of real estate and transactions with it.” (before the 2001 Land Code of the Russian Federation came into force), land plots were provided to citizens on the basis of the specified right, which is confirmed by the land manager’s certificate).

Since the original owners of the plot did not exercise their right to acquire ownership of the plot, you can recognize ownership in court. To do this, you will need to draw up a boundary plan for the site and pay a state fee based on the cadastral value of the site.

May 26, 2020 glavurist 226

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Registration of a summer cottage as a property

Citizens can register in a simplified manner only those plots that were issued to them before October 30, 2001 and only for indefinite use or lifelong inheritable possession. This is indicated in paragraphs. 1 and 9.1 art. 3 of the Federal Law of October 25, 2001 N 137-FZ. Why until October 30, 2001? Because from this date the Land Code came into force, according to which plots are no longer issued to citizens for indefinite use or lifelong inheritable possession - Art. 39.9 of the Code.

If the plot is not issued for indefinite use and not for lifelong inheritable ownership, then registration of such a plot takes place in the usual manner, not in a simplified manner. The article you are reading is about the simplified procedure.

Based on the results of the review, a decision is made to provide the site or to refuse it.

Refusal is possible only if the law prohibits the transfer of such land into private ownership.

Application of the owner of the plot to Rosreestr to obtain an extract on the main characteristics of the land plot from the Real Estate Cadastre, which has been included in the Unified State Register of Real Estate since 2020.
The duration of this stage is no more than 2 weeks.
This document will be needed to register ownership of the plot; it is completed within 3 working days.
Contact Rosreestr:

Submitting to the Rosreestr department the registration of the right to the plot and a package of necessary documents.
The Rosreestr service checks the submitted documents and enters a record of ownership in the register.

To do this, an application is submitted to the chairman of the cooperative, by whose order the person is accepted into the ranks of the organization’s members and is allocated one of the plots within its lands.

After this, it is necessary to obtain consent from the administration of the relevant organization to carry out privatization of the plot allocated to the relevant person.

How to register ownership of a land plot if there are no documents

Endowed with official ownership rights, the landowner will be able to sell the plot, exchange it, transfer it through a will or deed of gift, take out a loan from a bank by mortgaging the land. Also, the registration procedure provides more opportunities to protect the rights of the owner if the authorities want to seize the site for municipal or state needs.

Interesting: Fill in the field caruseregion caruseregionkladr policy area

Before starting registration and collecting documents, it is necessary to determine who the property will be registered in the name of: a legal entity or a specific citizen. In both cases, the legality of further disposal of the land depends on the correctness of the registration procedure.

You must have a title document on hand

In case of refusal, the owner of the plot can appeal this decision in court. If a positive decision is made to register the plot, the next step is to contact the Cadastral Chamber.

In order to become the legal owner of a dacha, you will also need to register with the state registration authority.

To do this, you will need to provide the following information:

a document establishing the right, namely a contract of purchase/sale, inheritance, donation or permission from the administration for development;

cadastral passport from the BTI for allotment and home ownership;

receipt of payment of the state fee;

application to the registration authority in a standard form.

Another typical case when restoration is required is the lack of information in the state archive confirming the fact of granting perpetual use of the plot and permission to build a house. Buildings must have confirmation of any reconstruction, redevelopment, or expansion made, if this has been done since the initial construction. A certificate from the BTI on the building plan and a cadastral passport are mandatory documents for obtaining ownership rights.

The cadastral passport will have to be obtained again by calling land management specialists. They will carry out the surveying procedure and take a survey of the site and the buildings located on it with reference to the area. Coordination with the owners of neighboring plots and the chairman of the dacha association will be required. Most often, when using the “dacha amnesty”, several neighboring properties are registered at the same time, which reduces costs and reduces the time required to obtain a passport for the house and land.

The cadastre verification is carried out within one month, after which the applicant receives a cadastral passport for land and home ownership. After which you can obtain a certificate of ownership from Rosreestr, a month after submitting the application for registration.

Simplified design option

It applies to objects that have already been built or are under construction. This program is called “dacha amnesty”. The state has decided to legalize numerous dacha plots belonging to segments of the population who do not want to spend money on registering ownership of the land.

Federal Law No. 93 clearly defines the categories of land plots that can be registered using a simplified procedure:

for gardening or gardening;
received for lifelong inheritable possession;
for building a garage;
construction of a private house for personal use;
allocated for perpetual use;
for subsidiary farming.

Documents for registering a land plot as personal property under the “dacha amnesty”:

cadastral passport;
certificate of land ownership.

The simplified registration procedure is valid until March 1, 2018.

How to register land ownership if there are no documents for the land

Documents of title are secondary to those establishing title. These include documentation that serves as an official confirmation of property rights and confirms that the grounds for its occurrence were properly documented. Such documents include: a certificate of ownership (issued until 2020), an extract from the Unified State Register (provided until 2020), an extract from the Unified State Register (issued after 2020) in electronic and paper format.

Interesting: How to Decorate a Garden House as a Property

Registration on the basis of a lease or perpetual use agreement

If the applicant used the site on the basis of a lease agreement, it is necessary:

You must request a plan for the site from the geodetic organization.
Order a master plan for the allotment from the BTI.
In the local government body, write a statement about the desire to register the leased land as personal property, you must have with you: a passport of a citizen of the Russian Federation; cadastral passport; general plan; act of transferring the site for use. In about thirty days you will find out the authorities' verdict, but be prepared to wait much longer. The final decision may take three months. The applicant is given an extract from the minutes of the commission meeting.
If the decision is positive, proceed to the next stage: land surveying. The procedure is necessary to obtain a cadastral passport with updated data.
After completing land surveying work, it is necessary to register the plot of land in the cadastre.
Obtain title to the land and the corresponding document from government agencies.

To apply to Rosreestr or MFC, you need to collect the following documents (originals and duplicates):

passports of all owners of the site;
geodetic plan;
boundary plan;
cadastral passport;
a document confirming the fact that the plot has been transferred to you for personal use on the basis of a lease agreement.

Registration takes twenty-one days. You will also need to pay a state fee in the amount of three hundred and fifty rubles; an additional fee will be charged for a new cadastral passport.

How to find out the owner of a plot

There are several ways to find out whether the land you want to register as ownership has an owner:

Request to the cadastral service.
Order an extract from the Unified State Register.
At the State Registration Service, you will need to pay a state fee and provide a passport.
Obtaining data from the tax police is relevant if the land is owned by a legal entity.
At the MFC. You need to have your passport, its duplicate, and a receipt for payment of the fee with you.
Request to the administration. If it turns out that there are no owners of the land, then it belongs to the municipality.

To obtain data in one way or another, you will need some data about the allotment: cadastral number or address.

To register ownership, please contact the MFC or the Federal Registration Service

Most of the land belongs to state or municipal authorities. But figuring out where to go is only half the battle.

The following conditions must be met:

the citizen actually owns a land plot that was issued individually (that is, outside a partnership or cooperative), but there are no title documents;
there is a residential building on the land plot that was transferred to the current owner as a result of a civil transaction carried out before March 6, 1990;
the conclusion of the above transaction took place in accordance with all the rules, and there are also supporting documents - a purchase and sale agreement, a gift or a certificate of inheritance.

The main tasks of a citizen are:

acquire property rights to land;
obtain all related title documents, in particular, a certificate of state registration of ownership.

How to register ownership of a land plot

documents illustrating the history of the allotment (by whom the allotment was formed, for what purposes it can be used, to whom this plot of land was transferred). Certificates can be obtained from the village administration, gardening association or other similar structures. Most often, the fundamental document is the act of allocating a land plot;

cadastral plan of the site . If land surveying has not been carried out, then you will have to order this procedure from a land management company in order to register the plot of land for cadastral registration. If land surveying is carried out repeatedly and during the work discrepancies between documents for the site and actual data are revealed, then the cadastral plan is supplemented with up-to-date information;

documents reflecting the rights of heirs (in case of inheritance).

After the collection of documents is completed, it is necessary to transfer the amount of the state fee for registration actions to the budget account. After document analysis by specialists of the registration authority, citizens receive a certificate of ownership of the land plot.

The following documents will be needed:

The package of documents mentioned above.
Title documents for the land plot.
Cadastral passport for land.
Your passport.
Application in the prescribed form.
Receipt for payment of state duty.

Dachas that are built in dacha partnerships or cooperatives are registered according to a simplified scheme. You will need a cadastral passport of the plot, a certificate stating that you are a member of a partnership or cooperative, a document on the privatization of the plot, title documents for the land, and an application. After registration, we follow the old scheme: we call specialists and make a cadastral passport (it will take 3-4 weeks).

Important! Under the dacha amnesty, registration of property rights is free. Members of partnerships and cooperatives already pay certain fees annually!

Having become the owner of a dacha and land plot, a citizen will be able not only to use the property, but also to carry out all legal actions. It becomes possible to sell, bequeath, donate or rent out a summer cottage. Having a state-issued certificate in hand, property disputes with third parties, for example, neighbors, can actually be resolved.

Without documentary proof of ownership, there is still a risk of losing your plot and the buildings on it. You should find out how to register your dacha as a property and become a full-fledged owner before taking action.

How is the registration of ownership rights to a land plot carried out?

In order for the heirs to agree to the inheritance, a six-month period is allotted. Then you should contact a notary, who, having opened an inheritance case, will give a power of attorney to collect a whole list of various certificates and extracts (copies of each document are collected according to the number of heirs and for the notary):

In the case when the potential owner does not have documents for the land plot, but a residential building is built on it, the right to use which was granted through inheritance or it arose before the introduction of the Land Code of the Russian Federation, then the citizen has the right to privatize the land under the house. Sometimes it's free.

26 Apr 2020 glavurist 160

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