The land under the house who owns the land code

Is it necessary to privatize the land under a private house?

Current regulatory legal acts do not establish among the general duties of all citizens of the Russian Federation to own a land plot. This option is largely considered as a person’s right to own and dispose of an object of property at his own discretion.

Initially, all land is owned by the state and managed by municipalities as local representatives of the state.

What choices do residents of the private sector in cities and rural areas face? If ownership is not registered, then citizens have the right to lifelong use of the site. But there is a certain risk that the land may be taken away for the needs of the state:

construction of highways of national importance;
construction of local roads;
laying communications;
construction of railways;
for the needs of the army.

If the plot under the house is privatized, the state will not be able to lay claim to the territory. In addition, the owner of the plot will be able to carry out the following actions with his plot:

sell;
exchange;
give;
to divide, that is, to give a part to someone for ownership.

Thus, the decision on privatization is made by the owner based on personal desires and planned needs.

How to register a house as a property if the land under the house belongs to another person

Good afternoon. This can't happen. If the right to a house is registered, then there must be a lease agreement for the land plot. The lessor can be either an individual, which is very rare, or a legal entity (rural settlement, municipality, etc.). In your version, there is either a complete “confusion” in the documents, or the house is an unregistered building. There are no other options.

..you can't do this. if the land is registered in the name of another person, and you want to become its owner... ask the owner. Sell it to you. Give it to you. Bequeath it to you. ..ASK THIS QUESTION AGAIN MORE CLEARLY AND CLEARLY. Good luck )

This is interesting: Can bailiffs impose an arrest without a court decision?

Reasons for privatization

Strict compliance with the law guarantees the absence of problems with regulatory authorities in the future.

Who is eligible and when?

The right to privatize a land plot under a private house arises from any owner of a private house, but subject to certain conditions.

According to the simplified procedure, property is transferred in the following cases:

the owner belongs to a preferential category - an old-age pensioner, a disabled person, a veteran or a participant in the Second World War;
a private house is located in a dacha cooperative and is subject to amnesty in accordance with the norms of Federal Law No. 93 of June 30, 2006);
The use of land is carried out on the basis of a lease agreement or a lifelong use agreement.

To exercise this right, there is one important condition - the right of ownership or use of the building arose in a person before the date of entry into force of the Land Code of 2001.

If the site or the owner does not fall under the above criteria, different options are possible for how to register the land under the house as ownership:

by purchasing land from the state at cadastral value;
according to the administrative system;
through the court;
in the process of completing a purchase and sale transaction.

The law has clear deadlines in the event of applying one of these options for realizing the right to land.

This is interesting:
How does the procedure for buying and selling a house with land work?
How to quickly find out the exact year a house was built

Who owns the land under the apartment building?

The Department of Urban Property of the City of Moscow (hereinafter referred to as the Department) informs that in connection with the entry into force of amendments to the Land Code of the Russian Federation from 03/01/2015, the formation of land plots for multi-apartment residential buildings is carried out exclusively in accordance with the approved land surveying project.

Part 4 of Article 16 of the Introductory Law stipulates that the formation of the land plot on which the multi-apartment residential building is located is carried out by the relevant public authorities. Since the formation of land plots on which apartment buildings are located relates to the area of public legal relations, state authorities or local self-government bodies entrusted with this responsibility do not have the right to arbitrarily refuse to fulfill it if all the grounds provided for by law are available for the formation of the land plot. The appeal of any owner of premises in an apartment building to state authorities or local authorities with an application for the formation of the land plot on which the apartment building is located should be considered as the basis for the formation of the land plot and its state cadastral registration

, which does not negate the need to form and conduct cadastral registration of land plots within a reasonable time by the public authorities themselves, which are entrusted with the corresponding function (clauses 4.2, 4.3 of Resolution No. 12-P).
Article 43 of the Town Planning Code stipulates that the preparation of land surveying projects for built-up areas is carried out as part of territory planning projects or as a separate document in order to establish the boundaries of developed land plots and the boundaries of undeveloped land plots
.
Paragraph 2 of Article 6 of the Federal Law of December 29, 2004 No. 191-FZ “On the entry into force of the Town Planning Code of the Russian Federation” determines that before the entry into force in the prescribed manner of technical regulations for the placement, design, construction and operation of buildings, structures, structures in If the built-up areas are not divided into land plots, the boundaries of the land plots on which apartment buildings are located are established through the preparation of territorial planning projects and territorial surveying projects, which are approved by the authorized body in compliance with the public hearing procedure in accordance with Article 46 of the Town Planning Code
.
In this case, it is not allowed to require the provision of other documents for the approval of territorial planning projects and territorial surveying projects. According to the laws of the city of Moscow, powers
in the field of urban planning activities are not included in the list of issues of local importance, therefore
the powers to prepare and approve projects for land surveying of neighborhoods are exercised by public authorities of Moscow or bodies that are vested with such powers by the laws of Moscow.
Based on clause 5.8 of the Regulations on the Department of Land Resources of the City of Moscow
(successor - Department of City Property),
approved by Moscow Government Decree No. 65-PP dated March 11, 2011,
the department approves territory surveying projects if they are prepared in the form of a separate document.
In accordance with Article 12 of the Land Use Law, the authorized executive body of the city of Moscow, at the request of the owners of an apartment building, forms a land plot within a period of no more than six months. The boundaries of land plots are established on the basis of territory surveying projects.

We recommend reading: Money Doesn’t Come for a Long Time Noloshch Deduction for Study

Which areas cannot be privatized

According to current legislation, it is impossible to transfer the following types of land plots from state to private ownership:

specially protected areas - lands of scientific, cultural or natural value that are under state protection;
lands of water and forest funds;
areas allocated for parks and squares;
taken out of circulation.

According to the provisions of Art. 27 of the Land Code of the Russian Federation, the following plots that are in federal ownership are withdrawn from circulation:

nature reserves and national parks;
under military facilities;
under the buildings of the FSB, state security agencies;
under nuclear power facilities and various burial grounds;
under buildings for public authorities;
under graves;
lands in which utilities and communication lines pass;
prisons and other institutions of the Russian penitentiary system.

How to privatize land under a private house

We bring to your attention a detailed guide to action.

Procedure

The procedure for registering ownership of a land plot has a clearly established algorithm, so problems can arise only if there is no right to privatization or if a territorial dispute arises with neighbors.

The general algorithm of actions of the procedure initiator is as follows:

Clearly define the package of documents to begin the process.
Contact your local authority and write a statement.
Assign a cadastral number to the plot and receive an extract from the unified state register.
Contact the administration again and conclude an agreement on ownership.
Re-assemble the package of documents and submit it to Rosreestr.

Description of the procedure

Let's consider the order of the procedure. A citizen applies to the local administration with all the documents for the house and land that he has. Specialists of the responsible department accept the application and provide a list of papers that need to be submitted.

In most cases, plots do not have an assigned cadastral number. Owners solve the problem through Rosreestr or independently contact licensed companies that carry out land surveying and geodetic surveying on the ground. Having received the documents, the citizen applies again to the local administration, where the privatization agreement is concluded.

The final stage of the procedure for legalizing property is contacting the Rosreestr authority. According to the current procedure, appeals are submitted:

through the electronic portal of Rosreestr. The application and scanned copies of documents are signed with the applicant’s enhanced digital signature;
by registered mail via Russian Post. The method is convenient for residents of rural areas who do not have access to the Internet;
through MFC.

Statement

The main contents of the statement are as follows:

name of the body to which it is submitted;
applicant details (full name, address, telephone number);
request;
information about the plot (address, size, neighboring plots);
date of compilation and signature of the applicant.

List of documents

An applicant to obtain ownership of land under private household ownership submits the following package of documents to the local administration:

statement;
original and photocopy of passport;
title document for the land used by the applicant;
cadastral passport;
extract from the Unified State Register of Real Estate;
a certificate of the estimated value of the land plot from the BTI;
a certificate from the regional tax service about current land taxes in a particular region.

Expenses

In most cases, you don’t need to buy the land itself, but you won’t be able to avoid other expenses. How much will the set of services cost? Obtaining a cadastral passport, depending on the region and the tariffs of a particular company, will cost at least 10,000 rubles.

In addition, the following mandatory expenses are provided:

the price of an extract from the Unified State Register is 300 rubles;
notary services when drawing up a privatization agreement - from 100 rubles to 5,000 rubles.

Registration period

According to the norms of Federal Law No. 1541-1 “On Privatization,” the maximum period for the privatization procedure is 2 months from the date of filing the application, but in reality this period is violated. Typically, citizens go through all stages in 3–4 months, and if the issue is resolved through the court, the minimum period of the privatization process is 6 months.

IMPORTANT! If you draw up documents for a summer cottage using a simplified procedure (without contacting the local administration), then the actual time frame for receiving a new extract from the Unified State Register will be 10-12 days.

Documents for privatization of a house in a village or land

Any land plot must be privatized for legal use. According to the Land Code, any plots used by citizens must be either privatized or leased from the state.

Documents for privatization of a plot are collected in advance in order to later submit them to the Federal Registration Service.

To carry out privatization, a complete set of documents is required, but the presence of an incomplete set cannot be a reason for refusal.

General list of documents for privatization

What does a cadastral passport look like?

The cadastral passport includes basic information regarding the land plot - area, site plan, plots, cadastral value, and so on. Read more about the contents of the cadastral passport in this article

Let's figure out what documents are needed to privatize a land plot. The following documents will be required for registration:

Application for privatization.
A certificate in your name from the Unified State Register authorities about the rights of ownership of the plot.
A copy of the applicant's passport.
Cadastral passport of the property. Only those plots that are registered in the cadastral register have a passport.
Documents are required confirming the right of ownership or perpetual use of land.
If there is real estate on the site, you need to obtain a certificate from the Unified State Register of Ownership of this property.
For real estate on the site, you will also need technical documentation and a certificate from the BTI, which states the cost of the building.

This is a standard set of documents that may vary depending on the circumstances. The privatization process is regulated by the Land Code of the Russian Federation, the law on the privatization of the country's housing stock, amendments dated January 1, 2020.

When additional documents are needed

Additional documents may be required to privatize a dacha plot and to register land ownership. In this case, you need:

Ground plan

The boundary plan of a land plot can be drawn up both electronically and in paper form; and it should only be ordered from professional cadastre specialists. You can read more in this article

Certificates from local authorities confirming the absence of rights to land ownership.
Permission from the land committee, according to which the plot can be transferred into the ownership of the applicant.
Land plan.
Contract of purchase and sale of land.
Documents confirming land ownership.
The entire package of documents must be submitted to the Federal Service in the form of originals and copies.

Privatization of a garden plot

Some Russians own country houses or plots of land, but the only documents they have for this land are a membership card. It confirms membership in the gardening partnership, but does not give ownership of the land. Now let's look at what documents are needed to privatize a garden plot.

How much does land privatization cost?

The privatization procedure itself is free, however, in order to obtain some necessary documents, you will have to pay. Read more about the amount of duties in this article

Application demanding privatization of the site.
Cadastral plan, which shows the location of the land. The scheme is not needed if the garden cooperative is included in the state real estate cadastre. This document must contain a description of the location.
Documents from the gardening partnership, which confirms the correct distribution of land between its members. Usually this is the minutes of a meeting of members of a partnership or cooperative.

All documents are submitted to local authorities in accordance with the new law “On Dacha Amnesty”, amendments to which were made on March 1, 2020.

The process of privatization of a garden plot is carried out free of charge and in a simplified manner; the simplified procedure will be valid until the end of 2020 .

If there are buildings on the garden plot, you need to fill out a declaration. In the declaration, the owner describes the address, the name of the building - house, bathhouse, etc., the area of the building, the presence or absence of communications, the material of construction and the cadastral number of the land plot.

The declaration must be accompanied by a passport, as well as a document confirming ownership. Such a document can be a certificate of lifelong ownership or a document of inheritance of a plot, a gift or sale agreement.

Municipal authorities may request a SNT document certified by a notary, an extract from the State Register that confirms the non-commercial type of the object, or an act confirming receipt of rights to the land and buildings on it.

Privatization of a house in the village

To obtain full ownership of a house, you need to collect and submit to government authorities documents for the privatization of a house in the village. If the house is used only in the summer, it can be assigned the status of non-residential premises. In this case, you can see what documents are needed to privatize a house above, since their list is no different from a dacha building.

If a house in a village is recognized as a residential premises, then the requirements of Decree No. 47 of the Russian Government dated January 28, 2006 must be met.

The house must consist of at least one room and additional premises - a kitchen, a bathroom.
Walls and supporting structures must be in good condition.
The structure itself must also be in good condition, not threatening human life.
The house must be furnished and utilities must be provided to it.

To privatize a house in a village, the same documents are required as for privatizing an apartment, namely:

Passports or birth certificates of all registered residents of the house.
Application for privatization.
Documents confirming the right of use of real estate by residents.
Receipt for payment of state duty.
Cadastral passport of the plot. If there is a boundary survey agreement, you will need an act or land management file.
Floor plan, which is taken from the cadastral plan.
Declaration of the object. It must specify the features of the house, just like in the declaration for the privatization of a dacha.

Privatization is necessary to receive benefits, but for this you will have to eliminate all the shortcomings of the house and bring it into a suitable place for living. It is possible to privatize a part of the house that has an isolated exit and access to common areas.

What to do if there are no documents for the land

The step-by-step instructions for resolving the issue are as follows:

order a geodetic survey of the area;
enter into an agreement to conduct land surveying with the company that did the survey;
obtain a cadastral passport for land through Rosreestr;
write an application to change the status of the site from right of use to ownership.

This is interesting:
Who owns the land under the apartment building?
New law banning hostels in residential buildings and who falls under it
Who will have to pay tax on the sale of a house and can it be reduced?

Who owns the land under the apartment building?

Currently, the purchase of housing automatically makes the buyer a co-owner of the land plot on which the apartment building is located - of course, if the developer did not violate the law during construction.

We recommend reading: 50 Percent Discount on Utilities for a Large Family in Omsk

From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects included in such a building are located passes free of charge into the common shared ownership of the owners of the premises in the apartment building.