AGREEMENT FOR PERMANENT (ENDLESS) USE OF LAND OWNED BY THE STATE OR MUNICIPALITY

The right to perpetual use of a land plot for citizens and enterprises was applied before the adoption of the Land Code in 2001.

Currently, domestic legislation allows citizens to use a land plot on this basis, provided back in Soviet times, but citizens cannot dispose of it at their own discretion.

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Who has the right to perpetual use of a land plot?

Individuals currently do not accept land plots on the right under consideration. As for legal entities, some organizations are given the following privileges:

1. Compulsory medical insurance (administration, committees);
2. Institutions of state and municipal authorities;
3. Enterprises, factories and factories;
4. Centers for the historical heritage of the presidents of our country.

This is a list of organizations that are controlled by the state. But they will never be able to acquire ownership of land plots, since this action is excluded by land legislation.

By clearly defining the list of the above organizations, the RF Land Code thereby cuts off other subjects of law from this basis: citizens and legal entities. Other options are provided for them, which consist in receiving the plot free of charge (Article 39.10) or on a property basis (Article 39.5).

Legal entities with private property do not have the right to receive land on the right of perpetual use.

Termination of the right to permanent, unlimited use of a land plot

Land legislation establishes a clear list of reasons for termination of land use without a time limit. The owner loses the opportunity for permanent use in the following cases:

1. When he renounces his authority in the manner prescribed by law.
2. If the soil is deteriorated by the owner, no measures are taken to improve and ennoble the soil.
3. If the zone is not used for its intended purpose.
4. If the zone is withdrawn for state purposes.
5. If the obligation to necessarily bring the soil into proper condition is not fulfilled.

The possibility of indefinite permanent use is terminated by the issuance of a judicial act, by decision of an authority or local self-government body.

How to register land for indefinite use?

The decision on registration is made by the local self-government council on whose territory the land plot is located. The owners of the land plot are the administration of the district or city, in the organizational system of which there is a committee for the management of state property. The committee is authorized to approve applications from enterprises or organizations, as well as to monitor compliance with the procedure.

Reasons for refusal to provide a land plot for permanent (indefinite) use?

The Committee is sometimes forced to make negative decisions:

• The applicant provides an incomplete list of documents;
• The documents contain incorrect information;
• The applicant does not represent the interests of a legal entity;
• The land claimed by the applicant is under encumbrance;
• Incorrect cadastral number assigned to the plot.

KUMI is an organization that will provide complete information about the property of interest. You should contact them in order to exclude the option of a negative answer from municipal authorities.

The procedure for providing a land plot for permanent (indefinite) use

Committee employees are authorized to consider all questions received in response to user requests. You can submit your application online or by official letter.

The procedure for registering the right to perpetual use of a land plot depends on the availability of a cadastral number for the land in Rosreestr.

If the land plot is registered in the cadastral register, its registration will go faster. To register a plot, you must provide a set of documents.

If there is no number for the plot in the cadastre, you must first agree on the issue of registering the land with the administration. But not only the cadastral identifier may be missing. It also happens that there is no land surveying. In this situation, a map of the location of a site on municipal territory and an application for the provision of a site on a preliminary basis are being prepared.

A plan diagram is attached to the document. This scheme may not be approved by the committee that deals with the distribution of state assets. In this case, the committee may propose another option. It lies in the fact that a legal entity interested in a plot takes upon itself the responsibility to register the land plot on the cadastre and register it as public property.

Why is prior consent required? Everything is very simple: if the committee refuses, the legal entity will not incur additional costs for cadastral work.

From the date of ratification of the decision, its validity lasts 24 months.

Perpetual use of land by inheritance

According to the law, such a right cannot be inherited, but there are 2 important exceptions:

1. the heir has the right to receive ownership only of the property for which the testator has registered ownership. Therefore, the person receiving the inheritance is usually asked to register the rights to the property (buy out) the land on which this property stands (lawsuits and proceedings are not provided for in this case );
2. if the previous owner of the plot began registering the property, but passed away without completing it, then the successor by law has the right to complete the procedure. But he can begin registering the land plot as his property only by a court decision.

Documents for registration of the right to perpetual use of a land plot

1. A strict sample application coming from a legal entity.
2. Grounds confirming the applicant’s competence.
3. Extract from the unified register.
4. Cadastral passport.
5. Extract from the unified register of legal entities.

Submission of documents is carried out at the MFC in the territory served by the multifunctional center. Extracts and passport (cadastral) are provided as part of information interaction between government agencies.

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Registration of the right of permanent unlimited use of land

Permanent and unlimited use is issued by the federal government service responsible for registration. They receive the service of registering unlimited permanent use by submitting an application and a list of related documents to the authorized structure. You can submit an application:

1. Personally.
2. With the help of a representative.
3. Through multifunctional centers.
4. By post.

For state registration, in addition to the application, the following documents will be required:

1. Passport of the applicant (or his representative).
2. Power of attorney (for representative).
3. A judicial act that has legal force.
4. Package of constituent documents (if the application is submitted by a legal entity).
5. Extract from the Unified State Register of Legal Entities.
6. Title documents for land.
7. The decision of a government agency to transfer the territory.

The authorized body may require other documents if necessary. Registration does not require financial costs on the part of the applicant and is carried out within ten days from the date of submission of the application.

Perpetual use of a land plot: how to register property?

According to land legislation, citizens have the right to re-register plots of land as private property. This makes it possible to dispose of the land at your own discretion, as well as transfer it to other persons by inheritance and other transactions without restrictions.

To re-register land, the following documents will be required:

• application to the municipality;
• contract of permanent unlimited use;
• cadastral passport;
• administration resolution;
• receipt of payment of state duty;
• application to Rosreestr;
• Russian passport;
• copies of the listed documents.

The algorithm of actions for re-registration of a land plot into ownership will be as follows:

1. Carrying out land surveying to accurately determine the boundaries of the plot. To do this, you need to contact a cadastral engineer or a surveying company. The list of persons and organizations entitled to such activities is posted on the Rosreestr website https://rosreestr.ru/wps/portal/ais_rki.
2. Obtaining a cadastral passport and cadastral registration. To do this, you will need a survey file, which you must contact Rosreestr or the MFC.
3. Obtaining a copy of the cadastral plan of the district's settlements. Such paper is issued by the land committee of the local administration.
4. Contacting the local administration to obtain a resolution. To do this, you will need the documents listed above. The list may change, check with your municipality.
5. To register ownership rights, you must contact Rosreestr or MFC with all documents. Registration will take place within two weeks.
6. Obtaining an extract from the Unified State Register of Real Estate confirming ownership of the land plot.

If there are buildings on the land plot that are the property of the land user, then preferential conditions will apply for the purchase of land. The exact cost must be obtained from the administration, as it depends on the region where the site is located.

If difficulties arise or if, in your opinion, your rights have been violated, seek advice from a land relations lawyer. A specialist will be able to assess the situation from a regulatory point of view and advise how you can defend your claims to real estate. If necessary, a lawyer will assist in drawing up a statement of claim or complaint to higher authorities.

The right of permanent perpetual use of a land plot is the ability to use it at your own discretion for an unlimited period of time. As the name suggests, on the basis of such a right, the owner of the territory can legally use the site for free for its intended purpose, i.e. benefit from it.

The key difference between this method and rental is that in this case the user does not need to pay for it.

In addition, in the case of a lease, an additional agreement between the parties is required. A plot owned by a municipality or the state may be transferred:

1. Authorities;
2. Budgetary organizations that belong to local government;
3. Historical heritage centers.

Previously, even during the heyday of the Soviet Union, the opportunity to use land was given to various institutions or citizens due to the fact that all territories were then state-owned. The Land Code of the Russian Federation, which came into force in 2001, eliminated such a chance. As for the citizens to whom the plots were transferred even before this time, their right to use the land remained.

The concept of the right of perpetual use

Legally, permanent (indefinite) use of land is one of the types of realization of property rights of persons, and involves the allocation of certain territories from the state fund or from the municipality, as well as from the possessions of state institutions.

According to the provisions of Federal Law No. 137 of 2001, organizations are obliged to re-register this right in two ways:

1. By transferring it into private ownership;
2. By leasing the land and concluding an appropriate agreement.

Features of permanent use of land

Lawyers consider the emergence of rights and obligations to be a feature of the permanent use of a land plot transferred to a citizen or organization.

A person who disposes of a land plot indefinitely has the right:

1. Use the territory within the intended purpose of the land. The permitted use of the allotment is indicated in the document on perpetual use.
2. Construct a residential or commercial building, subject to compliance with architectural standards and all technical construction conditions.
3. Use subsoil, such as water or soil, but exclusively for personal needs. A person has no right to sell water or minerals.

Indefinite use of a land plot requires the fulfillment by a citizen of the following duties:

1. Preservation of the resource in its original form. The owner must maintain the fertility of the land, prevent the drainage of rivers and other waterways on the site, preserve green spaces and provide landscaping to replace withered trees.
2. Protection from pollution by chemical, biological and other waste.
3. Fire prevention.
4. Eliminating the causes and consequences of flooding.
5. Keeping the area clean.

At the same time, a person who has the right to use a land plot indefinitely is not given the opportunity to carry out other operations on the alienation of entrusted property, to which lawyers include the conclusion of agreements relating to:

• leasing;
• inheritance;
• exchange;
• sales;
• donations.

Russian legislation stipulates that in order to carry out any legal actions, the user of a land plot must acquire ownership of the plot, as well as pay annual fees to the state for the right to own and dispose of the land.

Also, in order to streamline and reliably maintain land records, norms have been legislatively approved that require obtaining a cadastral document and establishing ownership rights to all plots in a short time.

Restrictions

The right to perpetual use of a land plot presupposes the presence of restrictions that do not allow free disposal of real estate:

• Inability to dispose at personal discretion;
• Prohibition on transfer for rent or gratuitous possession;
• It is inadmissible to use collateral or contribute to the authorized capital of organizations created on a commercial basis.

Owners of such plots can re-register legal relations by switching to land lease.