A more difficult option would be registration if you own an apartment. In this case, it will be necessary to re-register the documents, namely, make changes to them. The owner registers ownership of half of the house and then begins to resolve the issue with the land plot. Regardless of the method of registering part of the house as a property, you can register a land plot only after completing the house registration process. Both owners jointly contact the local municipality and fill out an application for ownership of the land plot. Each owner must have a complete set of documents on hand. Otherwise, the land cannot be divided, since according to the law it is considered indivisible. A special feature of the design is the impossibility of transferring the plot to only one of the property owners.
How to register a plot of land as a property if the house is two-flat
If the residents of one of the apartments do not have the appropriate documents for ownership, then citizens living in another apartment will not be able to complete this registration process, since the plot of land in this case will be considered indivisible. It is also worth considering that the land plot under a two-apartment house cannot be the property of the copyright holder of only one of the apartments. This is impossible due to the law, since in order to register such a plot, the right of common shared ownership is necessary, that is, the rights of all tenants-owners of this object. Option No. 2 There is another option for registering ownership of a land plot under a house with several apartments. In addition, it is necessary to formalize the cadastral registration of the land by contacting the Federal State Budgetary Institution “FKP Rosreestr” with a corresponding application. This can be done by:
- All apartment owners at the same time;
- One representative from all owners, having a notarized certified power of attorney;
- A representative of apartment owners who was elected during a general meeting of owners in an apartment building.
Also, employees of the cadastral registration authority have the right to request a boundary plan of the site. To complete it, you need to contact a cadastral engineer. The cadastral passport of the plot is issued twenty working days from the date of registration in the cadastral register. It serves for state registration of rights and their encumbrances.
The land plot passes into common shared ownership
The land plot under the apartment building passes into the common shared ownership of the owners of the premises after:
- state authorities or local governments will form such a land plot,
- it will be put on the state cadastral register.
There is no need to obtain a special decision from public authorities on the provision of a land plot or state registration of the right of common shared ownership of such a land plot.
How to register a plot of land for a two-apartment residential building?
Info
Naturally, the plot will become the officially registered property of not a single citizen, but of everyone in accordance with their shares in the apartment building. It is necessary to mention the fact that there is no need to wait for the decision of the state authority - the land will become common property without it. If the land plot where a house with several apartments and, accordingly, several owners is located, was not formed before the first of March of the fifth year, a meeting will have to be held among the owners and a decision must be made on registering the land as ownership.
It is highly advisable to appoint a person responsible for this. The citizen elected at the meeting must visit the administration and write an application requesting the formation of the site where the dwelling is located. If all the standards and rules that were in force during the construction period were observed, then everything will be in order and the site will be formed.
Hold a general meeting of owners
A general meeting of owners will be needed only if not a single owner wants to independently apply to the authorities with an application for the formation of a land plot, and the owners of premises in the apartment building want to do this on behalf of all owners.
In this case, first a general meeting of owners is held, which can be initiated by any owner of the apartment building, and then an authorized person approaches the administration with an application.
The meeting is held in the manner described in Articles 45–48 of the Housing Code of the Russian Federation. The following issues are on the agenda:
- Making a decision on the need to form a land plot for an apartment building.
- Selecting a person authorized to represent the interests of the owners of apartment building premises in state authorities and local governments on the issue of registering the land plot located under the apartment building as common shared ownership.
Registration of land ownership in a semi-detached house
Important
Stage 1 - establishing boundaries If land ownership boundaries have not yet been established, then begin the procedure for registering property ownership by establishing land boundaries through land surveying. Contact the cadastral service to call an engineer. The process of waiting in line to carry out free land surveying work can last up to six months, so if you want to register a plot as soon as possible, seek the help of a private company that has the necessary license.
It will cost approximately from 5,000 to 10,000 rubles. Land surveying work and the preparation of related technical documents are carried out by cadastral engineers who are members of a special self-regulatory organization. The form and parameters of land ownership are established using devices that are connected with the bodies of Rosreestr.
How to register land under an apartment in a semi-detached house?
Attention
Thus, this information will not be canceled after two years and will continue to be listed in the state cadastre of real estate. The final step in registering the land plot on which an apartment building is built is registering the right. Documents to carry out this procedure must be submitted to the reception points of the branch of the Federal State Budgetary Institution "Federal Cadastral Chamber of Rosreestr" at the place of residence.
Conclusion Now you know how to register ownership of a plot of land with a two-apartment house. This procedure can be performed in two ways, so you can choose the one that is most profitable and acceptable for you. We hope that our article will help you resolve the land issue and help you find a way out of a seemingly difficult situation. Still have questions? Ask them in the comments below.
How to register a plot of land for a two-flat residential building
Please note that land is not subject to transfer into private ownership if the site belongs to the category of lands withdrawn from circulation or lands limited in circulation, for example, nature reserves. There is a ban on privatization if the site is reserved for state or municipal needs. To contact the administration of the municipality on whose territory the land plot is located, it is necessary to prepare a package of documents: an application for the provision of ownership of the land plot, documents confirming the right to use the land plot, for example, a lease agreement or a decision of local authorities on the allocation of land for use, technical passport for a residential building. Within 2 weeks, a decision will be made on the transfer of the plot (a resolution on the provision of ownership of the land plot). The expediency of registering a plot of land under a residential building as a property is justified by the following points: • in order to prevent the seizure of real estate; • to ensure the right to sell the house together with the plot; • for the construction of commercial buildings. The procedure for registering an allotment of property today occurs in several stages. First of all, carefully review the available papers. When purchasing land with a plot, the former owner must have documentation confirming the rights to the specified property. This means that the plot must be registered in the cadastral register and information about it must be recorded in the Unified State Register of Real Estate. In such circumstances, the transfer of ownership of the plot and home ownership occurs at a time and is accompanied by the drawing up of one agreement.
Registration of land ownership in 2020 under a semi-detached house
The process of registering real estate (land) as personal property under a house with several apartments has a large number of subtleties. However, this process usually does not involve any significant difficulties. Why is this necessary? There are many reasons for registering ownership of the land under an apartment building. First of all, it is important to remember that using this type of land for a vegetable garden or for other activities in the absence of property rights is punishable. Moreover, both a fine and arrest in some particularly difficult cases are meant as an administrative measure. Separately, it is worth noting the need to register land ownership if only one citizen has the right to do so - but the apartment is not privatized. In the event of his death, it will simply be impossible to carry out the privatization process. Within twenty days from the date of submission of the application, the authorized person will receive a cadastral passport of the land in order to subsequently register the property. I would like to pay attention to an important point: if within two years citizens do not exercise the right to register the land as their property, do not register the plot and do not collect all kinds of documents, then the registration will be canceled, and the information itself will “disappear” from the state registration databases. If the need arises, the received documents can be used again to obtain cadastral registration.
But there are also exceptions. In our case, they are land plots on which apartment buildings are built, registered before the first of March of the fifth year with the help of state authorities or local governments. But only if documents confirming this have been preserved.
The decision of the general meeting of owners of premises in an apartment building is documented in a protocol (for the form of the protocol, see Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated July 31, 2014 No. 411/pr). Step 3: The representative of the owners elected at the meeting must submit an application for the formation of a land plot to the administration of the municipality on whose territory the land plot is located. This application will be the basis for cadastral work and state registration of the land plot.
At this stage, the availability of a land surveying project for the block on which the land plot is located is checked. If available, a decision (order) is issued to approve the boundaries of the site on the cadastral map of the territory.
In accordance with the provisions of the current legislation, such transactions must be certified by a notary. To re-register the right to an allotment within the framework of hereditary succession, collect the following papers: • a certificate of the right to inheritance, obtained from a notary's office six months after the death of the land owner; • title papers confirming the rights of the deceased in relation to the site. It is also possible to inherit property under a will.
There are situations when, of the required documentation for re-registration of rights to an allotment, there is only a certificate of the right to inheritance. The following case can serve as an example. Three years ago, my mother-in-law, who owned a house and a summer cottage, died. She registered ownership of the house properly.
Form a plot of land
If the land plot is not formed, seek help from:
- federal executive authorities,
- executive bodies of state power of a constituent entity of the Russian Federation,
- local authorities.
To do this, write a statement from the owners of the apartment building.
Expert opinion
Makarov Igor Tarasovich
Legal consultant with 8 years of experience. Specialization: criminal law. Extensive experience in document examination.
Cadastral work is carried out by cadastral engineers. They do them on the basis of a concluded contract for cadastral work on the initiative of the owner of the land plot (or customer).
Projects for planning and land surveying are made for a plot of land that is located under an apartment building. Such projects fall within the competence of local governments.
Formation of a land plot includes:
- preparation and approval of the territory planning project and the territory surveying project,
- carrying out cadastral work in relation to the land plot and carrying out state cadastral registration of the land plot.
The size of the land plot on which the apartment building is located is determined in accordance with the requirements of land legislation and legislation on urban planning.
If you can’t wait to get all the necessary work done quickly, there is a fourth option. Owners can independently carry out land surveying of the land plot under an apartment building and apply to the authorities with an application for approval of the boundary plan, formation of the land plot and its cadastral registration.
In this case, the owners will suffer additional financial losses, which local governments will not compensate.
We recommend that you remember that land surveying is the responsibility of the authorities. You can do the surveying yourself if you are sure that the authorities will do it incorrectly. For example, they will allocate a minimum plot of land for the blind area of a house.
But, in addition to the fact that the owners will incur large costs, the authorities may ultimately not approve such land surveying. Then the owners will have to defend their rights in court.
By the way, owners can defend their rights in court even if they do not agree with the land survey made by the administration. We recommend that you do not lose your money and do not miss opportunities - write an application for the formation of a land plot.
