Application to the head of administration for a land plot

Quite often, owners of plots of land need to change their territory. However, this cannot be done just like that. The fact is that even an undeveloped plot is considered a real estate property, that is, any manipulation to change its layout must be approved and registered.

What is meant by the definition of redistribution of land? This is any change in territory to create plots of land of a different size.

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Like any other manipulation of the land, the land surveying process must be carried out by a professional geodetic organization that has all the necessary licenses and documents to carry out its activities. Measuring work on the site itself must be carried out by a cadastral engineer. All procedures must be carried out with the permission of Rosreestr.

General rules and legal grounds

The procedure for redistributing the territory of a land plot absolutely always takes place on a reimbursable basis. According to Russian Government Decree 1308 of December 3, 2014, there are rules that control the procedure for determining the amount of payments for increasing the area of ​​owned land.

The payment amount is 15% of the total cadastral value of the land. The maximum area by which the size of the plot can be increased is also established by regional laws. Accordingly, the meaning may differ in different regions of the country.

The procedure is formalized using a special agreement on redistribution. It must be signed by two parties: the individual who is the owner of the plot being changed, and the person whose land is being “cut”. The second party is most often a representative of the municipal administration or regional government. It is impossible to carry out the expansion procedure at the expense of privately owned land.

To conclude an agreement, the owner of the plot must submit an application for redistribution of the boundaries of the land plot, to which is attached a package of documents confirming his rights to own the land. In 2020, the maximum period for consideration of this document may be no more than 30 calendar days.

After the expiration of the specified period, the regional or municipal body with the appropriate powers must make a decision. According to the provisions of the state Land Code, refusal to redistribute land must be justified by reasons.

If a positive decision is made, the land owner carries out all land surveying operations at his own expense. Upon completion of the work, an agreement to change the land area can be signed.

The owner of a land plot cannot file a claim for redistribution of the land plot just like that.

According to Article 39.28 of the Land Code of the Russian Federation, this can happen on the following grounds:

• the purpose of changing the area of ​​the territory is to align the boundary plan with a special one established at the local level;
• the purpose of the manipulation is to eliminate striping and distortion of the perimeter of the site;
• in the event that the plots that will appear as a result of changing the land area will be used for private farming and gardening, the restriction is that the new plot must have a minimum area size;
• when part of the land plot must be used in capital construction in accordance with state or municipal plans.

Article 39.28. Cases and grounds for redistribution of lands and (or) land plots

Sample application for redistribution of land

The procedure for obtaining land based on an application for the provision of a land plot for construction

For a detailed understanding of the process of obtaining a land plot for the purpose of individual construction, divide the entire procedure into stages.

Initial actions. Find a free plot of land that meets the citizen’s requirements using an interactive map located on the Rosreestr portal in the public domain. This will be the first step towards acquiring land from the state for individual housing construction.

You can use a public cadastral map for a visual representation of a site; use the mouse to select the piece of land you like and study the information presented in a compressed form regarding this site:

• Study information about the cadastral number of the land plot;
• Find out the land use category to which the selected plot of land belongs;
• Find information about the area of ​​the plot;
• Carefully study the type of permissible use of the land;
• Record for yourself the address of the location of the site found;
• For most plots you can find data on the cadastral value of the land;
• Pay special attention to the section devoted to information about restrictions on land turnover and encumbrances on a land plot.

Using a cadastral map, you can find out whether the selected plot belongs to a private person as a property owner. In this case, it is necessary to conclude a purchase and sale or lease agreement with the owner, and not with the state.

To do this, find the section on the website for reference information on real estate objects. In this section you can fill out and send a request to receive information from the Unified State Register of Real Estate. Additionally, try to find a clause regarding the rights and restrictions adopted in relation to the plot of land. Know that if you cannot find such a section, it means that the site is not burdened with restrictions or debt obligations.

If the site is not burdened with penalties and restrictions, then on the same page of the site you can draw up and register ownership rights to the site by drawing up and sending an application using the appropriate link.

Next, you need to send the completed application for consideration of the application for the purchase of the site. This stage is valid if a plot of land has been found, verified, and no encumbrances of any type have been found in relation to this plot.

Be aware that you need to submit an application to the administration of the settlement to which the geographically selected area belongs. Keep in mind that you are allowed to submit an application in person at the settlement administration building; you can submit an application using electronic means of information transmission.

To submit an application electronically, go to the government services portal, follow the instructions and register on this resource. Read the comments and tips carefully, all actions and their order are described in detail with detailed explanations.

To the application sent for consideration by any means, attach the documents that are necessary in such cases. Pay special attention to the preparation of documentation, since you can receive land free of charge from the state for the construction of premises for permanent residence only with a well-written application and selected necessary documents.

The application accepted by the administration has been under consideration for a month. During this period, administration employees must check all the information provided and submit an application for signature to the head of the administration. The head of the municipality personally makes a decision on the provision of a land plot for individual housing construction from the municipal property.

If a refusal is received, make sure that the refusal letter contains an explanation of the reasons for the refusal and is signed by the head of the settlement administration.

Final steps. After the issue of granting land is resolved positively in favor of the applicant, the administration establishes the order of concluding contracts for the allocation of land for individual housing construction in favor of private individuals.

In practice, the time before a decision is made and announced to the applicant is significantly more than a month. Based on the results of consideration of the application, the administration may refuse to provide the selected site for various reasons, but offer another site in return. True, such alternative plots are extremely unprofitable or are located far from the found plot of land.

When agreeing on a permit to provide land for individual housing construction, go to the administration and find out the exact date of the procedure for signing an agreement on the transfer of rights to land from the state in favor of a private owner.

An agreement can be concluded with a citizen or organization for a period of 3 to 49 years. To determine urgency, various circumstances are applied, starting from the fact that the applicant may be a beneficiary and have special rights to purchase a plot for individual housing construction, ending with the conditions of other preferential regimes for the provision of land on the basis of the Land Code of Russia.

How to get a piece of land free of charge from the state?

Read here how to buy a plot of land from the state.

How to get a plot of land for building a house for free, read the link:

After determining the terms and studying the basic points of the contract, the right to lease the land to a private person or organization is exercised by signing the relevant documents by both parties. For individual housing construction, the lease agreement is concluded for a period of at least a year, which means that such an agreement is subject to mandatory registration with the Rosreestr authorities.

Please note the different meanings of the concepts of owner and owner of a land plot. Know that the owner is a full-fledged citizen who has the opportunity to use, dispose of and alienate the land. The owner is a citizen or legal entity who is obliged to fulfill the conditions of the owner when using the land to realize their interests.

If you manage to purchase a plot of land from the state as private property, then be sure to start construction work so that the plot is not seized for misuse of the land.

Know that you first build a house on leased land, then apply to the executive authorities of the municipality with an application for the right to privatize the territory on which the property, which is privately owned by the tenant, is built.

Main features and requirements

The fourth paragraph of Article 11.4 of the Land Code of the Russian Federation states that if the land involved in the procedure for redistributing territory belongs to the category of dacha or garden, then the manipulation must be carried out with mandatory consideration of the land surveying project.

Article 11.4. Division of land

Important: if you want to change the boundaries of a land plot for which you have the right of perpetual use, then the application for redistribution must be sent to the body that registered this right.

In accordance with article of the Land Code numbered 11.2, the areas with the help of which the formation of a new territory was carried out cease to exist immediately after the registration of the new one.

Article 11.5 states that in the event of the allocation of territory in favor of another owner, the site that lost part of the land continues to exist with new boundaries.

Article 11.2. Formation of land plots

Article 11.5. Allocation of land

The process of redistribution of the territory of a land plot can only be carried out if the following requirements are met.

Both parts of the land must:

• have common boundaries;
• belongs to one district;
• have the same type of land and method of possible use;
• have certain boundaries;
• be registered in the cadastral register.

Sample extract from USRN

Sample application for redistribution of land

How to write an application to change the territory of a piece of land? A sample application is quite easy to find on the Internet. It can be downloaded without any problems from the official portal of the Multifunctional Center of any region. The form is sent to the MFC at the place of its registration.

It is worth noting that in different regions of the Russian Federation the form used may differ. However, there are general requirements that are relevant for any subject.

The application must contain:

• personal information about the owner - last name, first name and patronymic, place of registration and residence, passport details, etc.
• cadastral number of the site subjected to manipulations to change the territory;
• cadastral number of the plot, the territory is involved in the formation of new boundaries;
• information about the details of the approved land change project.

Important: if the territory being changed is part of a dacha or garden association, then the survey project must be taken from the managing institutions of these associations.

What is needed to privatize a land plot? — First of all, the law, and then you should collect all the documents. See also when it is possible to terminate a land lease agreement.

Form of boundary plan:

Registration of citizens in need of land plots

List of documents required for registering a large family

• An application to the Administration of the Podolsk City District is submitted by one of the parents, an adoptive parent, a stepfather (stepmother), a person authorized to submit an application, to the municipal budgetary institution of the Podolsk City District “Multifunctional center for the provision of state and municipal services.”

The following are attached to the application:

• Copies of documents identifying the citizen and the identity of each member of his family (passports (all sheets), birth certificates of children under 18 years of age with a citizenship stamp or citizenship insert and passports, if available).
• An extract from the house register confirming registration at the place of residence in the Moscow region for at least 5 years.
• Copies of documents on marital status (certificate of marriage or divorce).
• Copies of certificates of a mother (father) with many children, issued by the territorial departments of the Department of Social Protection of the Population of the Moscow Region.
• Documents confirming that the children are not fully supported by the state (if the children attend kindergarten or school - certificates from educational institutions; in other cases - certificates from the MUZHRP, etc., from the local pediatrician about the dependent children).
• If one of the parents is registered at the place of residence in another region of the Moscow region, an additional certificate from the local government authorities of this region is provided stating that the applicant is not registered for the purpose of providing a land plot.

contact number

Dear members of large families!

The Committee of Property and Land Relations of the Administration of the City District of Podolsk informs that the application for receipt is carried out through the RPGU (Regional portal of public services (www.uslugi.mosreg.ru)

For more detailed information, you can contact the Committee of Property and Land Relations of the Administration of the City District of Podolsk at the address: G.o. Podolsk, Podolsk, st. Kirova, 4, office. 210B tel., visiting day is Monday, from 9:00 to 17:00, break from 13:00 to 14:00.

Documents, deadlines and other nuances

The package of documents required to submit an application for redistribution of the territory of a land plot must contain:

• an extract received from the Unified State Register of Real Estate, which contains information about the main parameters of the land, as well as registered real estate rights;
• original or copy of a certificate confirming your own right to the plot;
• land surveying project;
• in the absence of a land surveying project within the boundaries of which manipulations to redistribute the territory will be carried out, it is necessary to submit a schematic depiction of the location of the future territory on the cadastral plan.

The application may be submitted not by the owner, but by another person, but in this case, certificates and an extract confirming the presence of such authority must also be attached to the main package of documents.

If the person submitting the application for redistribution of the territory of the land plot is legal and represents another state, then the package of documents provided must be submitted with notarized translated copies.

There are three ways to submit your application:

• through interdepartmental information management;
• on paper in person or by mail;
• electronic document.

The maximum period for rendering a verdict on a submitted application cannot exceed 30 calendar days.

During this time, the administration is engaged in:

• consideration of the application and rendering of a verdict;
• sending a decision on approval or refusal of the scheme of the planned plot of land to the applicant;
• direction of the decision on consent in accordance with the adopted land surveying project.

The administration may issue a negative verdict on the application in the following cases:

• discrepancy between the application and the grounds for redistribution of land provided for by the provisions of the Land Code;
• the package of documents provided does not contain the written and notarized consent of other persons, if the plot of land used for expansion belongs to them;
• there is an unfinished construction site on the part of the land used for expansion;
• the cut-off plot of land is a reserved place for regional and state needs or is part of the lands withdrawn from circulation;
• the boundaries of the redistributed plot of land require clarification;
• The area of ​​the final plot of land exceeds the maximum possible size established by current legislation by more than 10%.