Privatization of land under an apartment building

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Published: 01/28/2018

Reading time: 5 min

The land under an apartment building, as well as the attic and basement, can be privatized only by decision of the apartment owners.

Law regulating the privatization of land, attic and basement in an apartment building
How to privatize land under an apartment building? List of required documents
Procedure for registration of privatization

How to privatize an attic or basement?

List of required documents

Procedure for registration of privatization

Area and composition

Article 36 of the Housing Code of the Russian Federation determines that a land plot is part of the property of an apartment building. This provision of the law applies only to territories that were registered for cadastral registration before March 1, 2005.

The Federal Law “On the entry into force of the Housing Code of the Russian Federation” determines the right of owners to apply to the relevant local government services with an application for free cadastral registration of the territory and to carry out other necessary procedures related to resolving this issue, if the plot and other real estate included in the MKDs were not formed before the introduction of LCDs.

The area and boundaries of the local area are determined by the cadastral passport, and in its absence, by the technical passport for the land.

The minimum size of a land plot included in an apartment building is considered to be an area equal to the area of the house.

The standard area in accordance with the Decree of the Government of the Russian Federation No. 491 of August 13, 2006 includes:

the plot of land on which the building is directly erected;
landscaping area and other landscaping elements;
children's, playgrounds and sports grounds;
clothes dryers;
collective parking lots;
heating points, fire structures, transformer substations and other necessary facilities that ensure the functioning of apartment buildings.

Objects are located within the boundaries recorded by the cadastral passport.

The territory is managed by:

house committee;
management companies;
other specialized organizations within the powers delegated to them by the owners and in accordance with current legislation.

What documents are needed?

The package of documents includes:

statements from the participant;
a copy of the applicant's passport;
copy of TIN;
minutes of the residents' meeting and decisions;
cadastral documents for an apartment building (cadastral passport, land management file, technical passport);
title documents for the apartment and land;
land valuation act;
a certificate from the tax office indicating the area of the territory;
archival extract from the Unified State Register of Real Estate.

Documents required for holding a meeting of residents:

Minutes of the residents' meeting.
Decisions of apartment owners on the formation of a site in writing.
Powers of attorney for representatives of apartments, if the owners cannot or do not want to participate in the meeting in person.
A sheet on which everyone who attended the residents' meeting is registered.
Copies of notifications that a general meeting of all apartment owners will be held.
The scheme according to which the owners' shares will be distributed.

Documents for registration of a cadastral passport:

Passport of the representative who deals with the issue of land registration. You also need a power of attorney certified by a notary. This is a paid service.
Application from a representative for state registration and cadastral registration of the territory under an apartment building.
Documents confirming the fact of formation of the site. Issued by the local administration.
Decision of the residents' meeting.
If the Unified State Register does not contain information about the ownership of the residents of the house, then all their title documents are required.

Land use options

Owners can use a privatized land plot for the following purposes:

arrangement of children's, playgrounds or sports grounds, recreation areas and other places aimed at providing leisure time for residents;
installation of garages for WWII veterans and disabled people;
landscaping, installation of fences, pedestrian paths and sidewalks;
arrangement of vehicle parking;
leasing for the placement of paid parking lots, advertising structures, mobile communication antennas and similar objects.

When placing an object on their territory, owners are obliged to take into account the rights of citizens living in neighboring houses.

For example, if installed fences impede the movement of pedestrians, then such a structure can be dismantled by a court decision, and if the fences violate the right of people to free movement, then an easement can be legally imposed on the site.

Inheritance of a privatized apartment without a will occurs in accordance with the procedure established by law. Do you have a privatized apartment in a building to be demolished? Useful information here.

Privatization of the local area of an apartment building

The privatization procedure is determined by regulations approved by the legislator. For new buildings, the registration procedure is mandatory and is carried out by the developer or other authorized body.

For houses that were built earlier than the residential complex was adopted, it is necessary to go through the registration process, regardless of whether there is a cadastral passport for the site or it needs to be drawn up:

in the first case, the procedure from a legal point of view confirms ownership;
in the second – legal.

The general design procedure for all types of objects includes:

The decision to form the territory and conduct cadastral registration.
An application for the transfer of the right to state (municipal) property submitted to the appropriate authority.
Registration of property rights in the relevant cadastral office.

According to generally accepted standards for performing functions related to privatization:

a person authorized by the meeting of owners of the premises of the house is appointed;
or in accordance with the decision of the Constitutional Court of the Russian Federation, the initiator may be the owner of one premises or apartment.

By oneself

Privatization of land under an apartment building alone is carried out in the same manner as established by law.

Regardless of the opinion of other owners, the authorities are obliged to privatize the land plot and register it in accordance with the law.

Low-rise buildings

The privatization of the adjacent territory of low-rise buildings is no different from the design of other objects.

But it should be taken into account that the costs of maintaining the territory are the same as when maintaining a site allocated for an apartment building.

Who can take the initiative?

The initiators of the privatization process in accordance with the current regulatory framework can be:

developer;
general meeting of owners of premises in the apartment building;
on behalf of the meeting of owners - the management company or an authorized person;
separate owner of an apartment or non-residential premises;
group of owners regardless of the decision of the general meeting.

Under the new building

Modern legislation provides for the procedure of obtaining a cadastral passport when allocating a land plot for the construction of a new residential building.

This document:

includes the boundaries of the site, including the local area;
determines the area of the site and other parameters established by law.

The preparation of documentation, both at the preliminary stage and the registration of the object, is carried out by the developer or a company authorized by him.

Future owners buy apartments or non-residential premises with a ready-made allotment of land and no additional registration is required.

Under old buildings

For buildings that were built earlier (old buildings), for privatization you must have a cadastral passport.

If a cadastral passport has not been issued, then the registration procedure is carried out in accordance with the general procedure. If the land is registered, upon application of the owners, they are issued a certificate of ownership of the local area.

Who can apply for privatization

The following have the right to privatize land under a multi-storey building:

all apartment owners;
individual residents or groups without including other apartment owners;
Management Company;
developers.

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Since March 1, 2005, the construction of an apartment building is initially accompanied by registration of the surrounding area. By purchasing an apartment in a high-rise building, the buyer automatically becomes the owner of the land plot by right of shared ownership.

The adjacent area has a cadastral passport, which is included in the land management file.

Land privatization can be carried out only after obtaining the consent of all residents of the house at a general house meeting. Usually, within its framework, a chairman or representative is selected who will be responsible for this issue. Sometimes for a fee, but more often on a bare initiative. Separate privatization of part of the land under the house by one apartment owner to the exclusion of all others is not allowed.

Articles on the topic (click to view)

Interest in privatizing a plot may arise from both all residents of an apartment building and individual apartment owners. Local authorities are obliged to accept the application for privatization, since this is their direct responsibility. If a refusal is received, and it is also unfounded, it can be appealed in court.

So, who can privatize the land under a residential building:

all owners of apartments in the building;
individual residents or initiative groups without a meeting of other apartment owners;
developers;
Management Company.

Starting from March 1, 2005 (entry into force of the Housing Code of the Russian Federation), the construction of an apartment building is initially accompanied by taking into account the local area. By purchasing an apartment in a house, a family automatically becomes one of the owners of a plot of land by right of shared ownership. The area near the house has a cadastral passport - the document is included in the land management file.

Residents of one of the apartment buildings in the Solnechny residential complex received apartments in a new building in 2020. The developer provided them with a full package of cadastral documents, including for the local area. The area next to the house belonged to the residents on the basis of shared ownership. Soon a commercial developer from Kristall-Stroy LLC appeared in the microdistrict.

The entrepreneur hoped to open the Karavella shopping center near the house, reducing part of the playground and parking area. He did not organize any meetings with residents, and wanted to buy the land from the administration. Apartment owners staged a protest against the construction of a shopping center in the local area. The entrepreneur stubbornly refused to give in.

Then the residents held a general meeting, elected a person in charge and wrote a collective complaint, threatening to go to court. The complaint reached the administration, which had nothing to do with the local area, which was reported to the developer, Kristall-Stroy LLC. The entrepreneur was forced to recall the equipment and curtail construction. Residents defended their interests from the position of legal owners.

Advantages and disadvantages

Registration of a site imposes obligations on the owners and raises issues that need to be resolved collectively.

The registration procedure, use and other nuances associated with the transfer of ownership of the adjacent territory have their supporters and opponents among residents of apartment buildings.

Privatization of land provides residents with advantages, but also has disadvantages.

The advantages include:

a legally defined right to free privatization;
the impossibility of developing and using the local area without the permission of the owners;
the possibility of receiving income from renting out part of the land plot;
increase in the assessed value of real estate.

The negative results of privatization include:

taxation of privatized land;
repair work and landscaping of the territory are carried out at the expense of the land owners;
the site can only be used to accommodate garages for disabled people and persons with the status of participants in the Great Patriotic War, children's playgrounds and open-air sports facilities.

The costs of maintaining the land in quantitative terms are distributed in proportion to shares, which are determined in proportion to the area of the apartment.

Analyzing the pros and cons, each apartment owner will determine why to privatize the local area and what consequences this entails.

Deadlines

The meeting of residents is not limited by any deadlines, however, it should be taken into account that people may have their own plans and therefore it is necessary to warn about the meeting long before it starts. It is recommended to focus on a period of 1 month or more. Direct land surveying and the work of a cadastral engineer take two weeks or more. And it takes about two more weeks to obtain a cadastral passport. On average, the entire procedure will take about 3-4 months.

There is no need to rush into privatizing the land under the house. Moreover, the procedure is not only free, but also unlimited. It is better to calmly prepare the documents and wait until they are completed.

We invite you to familiarize yourself with: Loan for land at Rosselkhozbank

The timing is approximately as follows:

The wait for the issuance of an act on the transfer of land into shared ownership of the residents of an apartment building is from 15 to 30 working days.
The processing time for a land cadastral passport is from 2 months from the date of filing the application.
Determination of the area of the premises and the registration certificate of the house - from 14 working days.
Making changes to the state register – from 14 days.
Application through the State Budgetary Institution “My Documents” (How to privatize an apartment through the MFC - the answer is here) – from 18 days.

The average time for privatization of land under an apartment building is from 3 months to six months. Some cases drag on for a year. For example, if you have to act through the courts.

This procedure does not have exact deadlines. There is no need to rush into privatization; It’s better to calmly prepare the documents and execute them correctly.

Let us indicate the approximate time frame for each stage:

Waiting for the issuance of a document on the transfer of land into shared ownership of apartment building residents is up to 30 working days.
Production of a cadastral passport for a land plot - from 2 months from the date of filing the application.
Setting boundaries – from 14 working days.
Making changes to the State Register – from 14 days.

On average, the time frame for privatizing land under a high-rise building is from 3 to 6 months. Cases that go through the courts can take up to a year.

Procedure

The registration procedure is as follows:

Preparation of information about the plan of the territory, house and other objects that support the life of the building. If necessary, documents can be obtained from the local office of the Bureau of Inventory (BTI).
Carry out demarcation of the territory. The operation is performed by licensed organizations.
Draw up and submit an application to the local government for the formation of a site.
Register the plot with the cadastre authorities.

List of documents

To submit documents attached to the application you must have:

house plan;
decision of the general meeting of owners (if one was adopted);
documentation on the demarcation of the site;
technical certificate.

Sample application

The application is submitted in the prescribed form with a list of documents attached to it.

The application must be registered in the department for working with citizens' appeals of the municipal government.

Here you can download a sample application for the privatization of a local area.

A statement of claim for the privatization of an apartment through the court must be drawn up in accordance with the norms of the Civil Code of the Russian Federation. Are you interested in selling a privatized apartment that has been owned for less than 3 years? See here.

Is it possible to sell a privatized apartment with a minor child? Detailed answer in this article.

Consequences of privatization

Owners who have registered the right to the local area can dispose of the site in accordance with the law, but use is not free, but is subject to taxation.

Tax

The tax on the local area is calculated on the basis of Article 388 of the Tax Code of the Russian Federation (TC) and other regulations.

To determine the tax base in accordance with Article 360 of the Tax Code of the Russian Federation, the cadastral price of land is determined based on market data.

The calculation is carried out by multiplying the land tax rate (LT) by the cadastral value (CV) and by the coefficient established by the local authorities.

The tax is calculated on an annual basis:

For legal entities and individual entrepreneurs, a procedure is provided for self-payment of tax from a current account.
For individuals - upon notification from the tax authority.

The Tax Code provides for some preferential categories of citizens of the Russian Federation to reduce the cadastral price in the amount of 10 thousand rubles.