How to transfer land from lease to ownership. Instructions: how to register ownership of a land plot

When purchasing any country real estate - a cottage, a dacha or a plot of land, it is necessary to register its ownership using the services of a company specializing in such matters.

You can do the paperwork for land yourself, but you should know that this is a rather serious process that requires not only moral and material strength, but also knowledge in certain legal issues.

You need to know what documents are needed to obtain a certificate of ownership and what difficulties you may encounter during the registration process.
Registration of ownership of a land property is mandatory in the following cases:

• at the time of buying;
• when selling: to sell land, you will need documentary evidence that the seller is its legal owner;
• when donating: just as when selling, it will be necessary to confirm the legal right of the donor to dispose of the land at his own discretion;
• when entering into an inheritance: it very often happens that the heirs find out that the house and land where they lived with the testator are not properly registered only when accepting the inheritance - that’s when difficulties begin with collecting the necessary documents.

As can be seen from the above, in order to fully own a land property and be able to make various transactions with it, you need to correctly draw up documents in accordance with the current legislation of the Russian Federation and obtain a certificate of ownership.

Main stages of land registration

• collection and submission of necessary documents for state registration of property rights;
• passing legal examination of documents and checking the legality of the transaction;
• checking contradictions between declared rights and registered rights to a land property and other grounds for refusal of state registration;
• making entries in the Unified State Register of Land Registers;
• making an inscription on a title document and issuing it.

To register a land property and obtain a certificate, you must provide the following list of documents:

• an application for registration of a land property, which must clearly state its location and size, purpose of use (for farming or personal holdings, for building a house or gardening, etc.);
• passport and its copy;
• a power of attorney certified by a notary if the application is submitted by another person;
• an extract from the Unified State Register of Real Estate and transactions with it on the right to this land plot;
• if there are any buildings and structures, then you need to provide an extract from the Unified State Register of Real Estate and transactions with it on the rights to these buildings and structures;
• notarized cadastral plan;
• contract of sale;
• receipt of paid state duty.

Important points when registering land

All land plots can be divided into categories and types of permitted use. If you buy a ready-made plot, there will be no difference in its registration depending on the category and type of permitted use. The only exception is agricultural land, for which the state has a pre-emptive right of purchase.
The purpose of the land and the type of permitted use do not affect the procedure for its registration. But these factors affect other equally important issues, such as the possibility or impossibility of registering property rights. It is impossible to purchase land objects withdrawn from circulation. These include, for example, lands on which state nature reserves are located, buildings of the Armed Forces of the Russian Federation, facilities of organizations of the Federal Security Service and others. In addition, according to the land legislation of the Russian Federation, it is impossible to purchase land objects that are limited in circulation. These include state or municipally owned areas that are part of the forest fund lands or occupied by valuable objects of the cultural heritage of the peoples of the Russian Federation, objects of space infrastructure, as well as contaminated with hazardous waste and radioactive substances.
When registering documents, it is necessary to check the presence of encumbrances on the purchased object. These include:

• easement - for example, the obligation to ensure the passage of various vehicles or provide access to communications;
• development restrictions - for example, coastline;
• communications - gas pipelines, military cables, etc.;
• pledge of land in a bank.

If there are no documents for the land plot

How to register such a plot? To solve this problem, you first need to purchase a property and then proceed to obtain registration documents.
Local authorities will need to provide the following package of documents:

• home purchase documents completed before March 6, 1990;
• application for approval of the boundaries of the land actually in use by the applicant;
• a description of the boundaries of the site, drawn up by the applicant in free form, where all boundaries are described in detail, using such surrounding landmarks as, for example, the distance to the lake, forest, country roads, buildings, etc.

Within a month, the applicant is given a draft of the boundaries of the land property, after which the local government must submit an application for the purchase of land, a draft of the boundaries of the property and documents confirming ownership of the house located on the site. In two weeks, the applicant will receive a decision on granting ownership of the land, after which he will need to make a cadastral passport and submit it.
In a month, the applicant will receive a certificate of state registration of ownership of the land plot and will become its full owner.

Simplified procedure for processing documents for land

The simplified procedure for registering land applies to summer cottages in SOT, where their registration requires only a minimum set of documents. This may be a decision of the enterprise's trade union on the distribution of the territory of the COT among its employees, a decision on the provision of land for indefinite use for running a dacha farm, issued by the board of a collective farm, a decision on the allocation of land for dachas for a dacha cooperative and partnership with a list of all its members and a decision of the general meeting on the distribution of plots issued by local authorities. To register a summer cottage, any document of ownership issued at any time will be suitable. The real owner of the dacha plot will only need to fill out a declaration and indicate in it his data, the cadastral number of the plot and provide a master plan for the SOT indicating his plot on it.
According to the law on dacha amnesty, the simplified procedure for registering dacha plots will remain until 2015. This law was adopted to solve problems with the registration and registration of summer cottages. In the Soviet Union, dachas were issued en masse for farming, and most of them are still not properly registered. Collecting all the documents for registration of such summer cottages is impossible, which is why a simplified procedure for processing documents has been introduced.

A simplified procedure for registering property rights is allowed not only for a land property, but also for a country house on it. In addition, to put it into operation you will not need to call a BTI employee: the owner indicates all the data in the declaration.
The period for checking submitted documents is 2 weeks according to simplified registration; after this period, registration documents are issued. Registration can be refused only if the most necessary documents are missing or if the land plot is not subject to privatization according to its purpose.

Registration of land for building a house

Currently, many are seeking to register ownership of a land property for the construction of a private house. And this desire of people is understandable - clean air around, picturesque landscapes, forests, ponds. In addition, maintaining a city apartment today is significantly more expensive than housing in the suburbs. And if you find a decent plot of land, then building a new country house will be much cheaper than buying a city apartment. You just need to correctly draw up the necessary documents for the land.
Registration of land for construction is identical to registration for other purposes, but you just need to make sure that the category of land and its geodetic structure will allow the construction of a house on it.

It is worth noting that the objects of various real estate transactions can only be those land plots that have undergone cadastral registration and for which certificates of registration of ownership have been obtained. Registration of documents for land in the proper manner guarantees its owner peace of mind and confidence in the future.

Registration of a land plot as a property allows you to freely dispose of the land and make various transactions with it: sell, inherit, donate, protect your rights in case of disputes with local authorities, neighbors, etc.

In accordance with the norms of the Land Code of the Russian Federation, any Russian citizen has the right to free registration of land ownership only once during his life. Subsequent registration of land plots for individuals who have used this right, as for all legal entities, will be carried out on a paid basis.

A land plot can be registered as joint ownership, shared ownership or sole ownership.

When registering a land plot, the legislator established some restrictions. Thus, it is impossible to register ownership of a plot located on the territory of a cemetery, park, or state reserve.

In addition, lands withdrawn from circulation, lands of the armed forces, and plots of land on which nuclear energy facilities are located are not subject to privatization.

Necessary documents for registration

If all the documents are available, the privatization of a land plot is carried out quite quickly. The registration authorities must, no later than 1 month from the moment the applicant submits the relevant application, issue a certificate confirming ownership.

To obtain this certificate, you must provide the following documents to the registration authority:

• passport or other identification document;
• receipt of payment of state duty;
• a document of title that confirms the applicant’s rights to this land plot. This may be a certificate of inheritance, an order for the allocation of a plot of land or a resolution for the provision of a land plot, a purchase and sale agreement, a court decision recognizing ownership rights and other documents;
• land plot being registered;
• application for state registration of a plot of land on the right of ownership.

However, as practice shows, collecting all documents is often associated with certain difficulties. Therefore, registration of property is delayed for a long time. This is mainly due to the fact that many land owners, especially if the privatized plot was acquired before the Land Code came into force in 2001, do not have both a cadastral passport and a title document.

It is also possible that all the specified documents are available, but they were drawn up a long time ago, according to outdated rules, and they do not contain the information necessary for registering the site. In these cases, registering ownership of a land plot becomes significantly more complicated and takes quite a lot of time.

Obtaining a cadastral plan

To obtain a cadastral plan, the owner of the plot must contact the territorial cadastral authority with the appropriate application, a receipt for payment of the state duty and an identity card.

Land surveying, that is, a description of a site with the definition of its boundaries, is carried out by special commercial organizations. As part of this procedure, the land owner will have to agree on the location of the boundaries of his plot with his neighbors. If it is not possible to agree on boundaries with the owners of neighboring plots, then this issue must be resolved in court.

Land surveying work usually includes collecting information about the site, as well as collecting and processing cartographic, geodetic and other documentation related to the redistribution and use of land, drawing up a plan showing all objects, etc. Such work takes some time and, as a rule, requires financial costs.

After carrying out all the necessary land management work, the owner of the plot must again contact the cadastral authority to obtain a cadastral passport with the following documents:

• description of the land plot;
• title document for a plot of land;
• request for cadastral registration.

The cadastral registration itself is carried out free of charge within 30 days, after which the territorial cadastral authority issues a cadastral extract or cadastral passport for the land plot.

Obtaining a title document

It often happens that the owner of the land does not have a title document for the land. This is primarily due to the fact that until October 2001, land relations in the Russian Federation were not sufficiently regulated by law.

Thus, many buyers purchased a plot of land by re-registering only the membership book. In this case, the privatization of the site is also significantly complicated. There are several options here:

1. Find the seller, take a power of attorney from him and formalize the purchase and sale agreement for the plot properly;
2. Go to court to prove the fact of purchase and sale of a land plot and obtain a title document. To do this, you need to provide the court with certain evidence: a membership book, copies of payment documents confirming the payment of annual membership fees, a resolution of the territorial administration on assignment to the owner of the land plot, witness testimony and other evidence;
3. If the land plot was allocated not to a specific citizen, but to the horticultural society as a whole, you must first privatize all the land for the society, and then carry out land surveying and register the individual plot as ownership.

Once the title document and cadastral plan have been received, you can apply for registration of title to the relevant registration authority.

In these cases, privatization of a land plot requires additional time and financial costs. The process of registering property may be especially lengthy in the latter case. Initially, to register common property, it is necessary to make a decision at a general meeting of members of the society and submit the appropriate collective application to the territorial administration.

In addition to the application, you will need a state act on the allocation of a land plot to a given company with a boundary plan, a diagram of the boundaries of each plot as part of the common property and an act on assigning each plot to a specific owner, a general plan of the company's territory.

In addition, the company will have to provide the territorial administration with its statutory documents, an extract from the Unified State Register of Legal Entities, as well as a certificate of state registration of the company.

The territorial administration must, within 1 month from the date of filing the application, issue an order to provide the land into public ownership and approve the boundary plan. This order serves as the basis for further land surveying of both the common plot as a whole and each individual plot of land separately.

In practice, land surveying and obtaining a cadastral passport takes about 6 months.

The next stage is the registration of ownership of a common land plot, which is also carried out within 1 month. And finally, the last stage is the registration by each owner of the land plot as individual property at the registration authority.

Registration of leased land as property

The design of land plots allocated for rent for individual housing construction has certain features. In this case, in order to transfer the leased land into ownership, you need to:

• build an individual residential building;
• register ownership of the house;
• apply with a certificate of registration of a residential building to the administration, which must transfer the leased land into ownership.

Thus, registration of land plots as property has many nuances and requires compliance with certain rules and regulations of the law. Lack of necessary knowledge can significantly increase the time and financial costs of land privatization. Therefore, it is better to prepare for this process in advance by carefully studying the regulations or seeking advice from professional lawyers.

Comments (158)

Lyudmila | 2015/08/13

My mother had a plot of land in inheritable ownership for life, after her death I inherit this plot. Previously, according to the old land code, Article 21, I would have received a certificate of ownership immediately at the registration chamber, but since 2015 this article has been abolished The notary will only give me life-long inheritance, but the registration chamber said that they will do the documents like a notary, i.e. life-long inheritance. I want to sell this plot, how can I register it as property?

admin | 2015/08/23

Hello Lyudmila! In this case, you need to implement the procedure for registering ownership of such a land plot from the very beginning - after receiving all documents on the inheritance, you need to submit to Rosreestr documents for the land plot, documents on the right to inheritance, an application for recognition of ownership of this land plot.

Svetlana | 2015/08/31

Hello. We want to rent 8 acres of land. 1 year left until expiration. We won’t be able to build even 40% of the house we want in a year. Is it possible, according to the new laws, to build a bathhouse or, for example, a log house for a future bathhouse? And what is the best thing to do in such a situation? I would like to register ownership and slowly build a normal house later. Thank you.

admin | 2015/09/07

Hello Svetlana! On March 1, 2015, amendments were made to the Land Code of the Russian Federation, according to which it will not be possible to extend the lease term of a land plot if there is not even an unfinished construction project on it (an unfinished house), but your advantage is that your lease agreement was concluded earlier , than the corresponding amendments were adopted, therefore, you have the right to submit an application to the administration to extend the lease period of the land plot, and in accordance with Art. 621 of the Civil Code of the Russian Federation, you will have a preferential right to lease.

Ludmila | 2015/09/09

She mistakenly registered the ownership of someone else's abandoned land plot in her village, because she acquired it more than 20 years ago, did not cultivate it, and therefore incorrectly determined its location. I carried out cadastral work, received a certificate of state registration of rights, when suddenly its true owner emerged from the “dead souls” with his document from 1993. Now I don’t know how to get out of this situation. Perhaps I should submit an application to the Cadastral Chamber to invalidate the registration of my ownership rights to this land plot due to its erroneous appropriation on my part? And how much will it cost me?

admin | 2015/09/18

Hello Ludmila! In this case, the most advantageous situation for you will be when the actual owner of this land plot will recognize the transaction as invalid and recognize the right of ownership, since you have already registered the right of ownership, as a result, you can renounce the right of ownership only by donation, purchase, sale or other means of alienation of property.

Denis | 2015/10/12

Is it legal for the administration to refuse to issue a building permit to one of the three tenants of one plot (land for private construction)

admin | 2015/10/21

Hello Denis! The procedure for obtaining a construction permit is established by Art. 51 of the Town Planning Code of the Russian Federation, which establishes an exhaustive list of documents required to obtain a permit. In your case, the administration has the right to refuse to issue you a permit if you provided an incomplete or inaccurate list of documents. To accurately answer your question, it is necessary to analyze the text of the administration’s written refusal to issue a permit.

Anna | 2015/11/28

Hello, please tell me, we purchased a plot for construction on a long-term lease, there are no buildings there yet, we want to sell (transfer the lease right) to this plot, is this possible?

admin | 2015/12/07

Hello Anna! To answer your question, it is necessary to analyze the text of the concluded lease agreement, namely, whether the terms of the agreement allow the transfer of rights to the leased property to third parties.

Olga | 2015/11/28

Hello, I have the following question: for a common plot of land there is a deed of perpetual inheritable possession. By court decision, our site was separated from the general area. The common plot is registered in the cadastral register. How can I now register my ownership of my land?

admin | 2015/12/07

Hello Olga! To register property rights, you need to register exactly your plot of land and assign it a cadastral number. After assigning an individual cadastral number to the land plot, you will be able to begin collecting and preparing documents for filing an application for recognition of ownership of the land plot.

Victor | 2015/12/05

Hello. The situation is like this: we bought a house and there is a house purchase and sale agreement. The house is registered in shares. A technical passport for a residential building and a cadastral plan of the land plot are available. How to take ownership of land?

admin | 2015/12/14

Hello Victor! As a rule, land legislation prohibits the sale of real estate without the land on which such real estate is located. There are two exceptions: the land plot and the house have different owners or the land plot on which the house is located is withdrawn from circulation. If your case is not an exception, then to register land ownership you will need documents for the land plot.

Maxim | 2015/12/05

Hello! In 2013, he began registering land for lease under the management of private household plots. There is a boundary plan, a cadastral passport for this site (all documents dated 2013), but there was not enough time for more. Question: Do I need to change documents to more recent ones in order to complete the registration procedure?

admin | 2015/12/14

Hello Maxim! No, you will not need to re-issue your documents, since the documentation you have will remain relevant.

Tatiana | 2015/12/29

Hello, can you please tell me when can I start buying a plot of land leased by private household plots? We leased it for 49 years, built 2 foundations for houses on the plot, is this enough to start buying the plot?

admin | 2016/01/11

Hello Tatiana! To purchase a land plot, as a rule, it is necessary to have a completed capital construction project on the site - that is, a residential building put into operation. In addition, to accurately answer the question, an analysis of the land lease agreement is necessary.

Dmitry | 2016/01/23

Hello. Please tell me if I can register a plot of land leased for individual housing construction. A garage has been built on the site, and ownership of it has been registered. The plot was rented out as being registered to improve living conditions.

admin | 2016/02/02

Hello Dmitry! As a rule, registration of a leased site as a property is allowed after the construction and commissioning of a capital construction project on this site intended for permanent residence - that is, a residential building. The construction of a garage does not meet the purposes of allocating this plot of land to you.

Victor | 2016/02/14

the neighbor registered the plot using a certificate issued by the village administration in 1992. There is nothing except the resolution of the council on the allocation of land. There is no decision on the allocation of a specific site, there is no boundary matter. After 22 years, he found an empty piece of land in the village and carried out cadastral work. They are interested in the validity period of the resolution and the legality of such acquisition of land.

admin | 2016/02/21

Hello Victor! Indeed, the neighbor registered ownership of the land plot absolutely legally, since he had all the necessary documents to register ownership. As for carrying out cadastral work on an additional plot of land, it also does not exclude the fact that your neighbor has any title documents for the land. If there are no documents for the land, you can contact the administration of the locality or the Prosecutor's Office with a statement declaring that your neighbor's acquisition of this land plot was illegal.

Sasha | 2016/02/28

Good afternoon Tell me how I can acquire land ownership. In 1996, I acquired a share in the right to home ownership on a land plot of 11.85 acres (as written in the contract). Share owners 7. There is no agreement between them. As far as I know, a plot at our address with the same area as in the contract is or was on the cadastral register. How to register land as common property for everyone?

admin | 2016/03/07

Hello Sasha! First, you need to order a cadastral extract of the land plot from the office of the Federal Cadastral Chamber of the Federal Service for State Registration, Cadastre and Cartography. This extract contains information both about the land plot itself and about the number of its owners. Thus, to determine the order of your further actions, you need to familiarize yourself with the available reliable information about the land plot.

Andrey | 2016/03/06

Hello. I am building a residential building on the territory of a gardening partnership (everything has been formalized, everything is fine). I am interested in a garden plot that has not been cultivated for many years. I found out from Chairman S.T. he said that the owner of the plot I was interested in had died long ago. The fact is that I looked on the cadastral registry website and there this area is not even marked (there are no boundaries), it’s just emptiness! Please tell me if I can register it as my own property, if so, what needs to be done for this?

admin | 2016/03/17

Hello Andrei! You can contact the administration of your locality with an application to provide you with this land plot for use. Subsequently, having in hand a document confirming your right to use this land plot, you will be able to register its ownership.

Julia | 2016/03/24

Hello. Please tell me, we have this situation: next to the house there has been an empty plot of land for 20 years, where the owner is and whether he is alive is not known. Can we re-register this plan for ourselves under individual housing construction? And how to do this?

admin | 2016/04/01

Hello Julia! Most likely, this land plot is currently in the possession of the administration of your locality. To obtain a plot of land for personal possession and use, you need to contact the administration with a corresponding application.

Rome | 2016/03/31

There is a certificate of state registration for the house. registration of the land plot on which this house is located was refused. because the house is located on federal lands. Will the Pension Fund of the Russian Federation approve the transaction for the purchase of this house using financial capital?

admin | 2016/04/11

Hello Rome! Before completing a transaction to purchase a plot of land, you need to receive an official response from the Pension Fund on this issue, however, analyzing the current practice, we can conclude that the Pension Fund rarely approves the use of maternity capital funds in dubious transactions.

Catherine | 2016/03/31

Good afternoon, I am registering a plot of land for myself again, the administration said: “After receiving the contract, you need to go to a notary for your husband to formalize the abandonment of this plot,” why? And then register it as property.

admin | 2016/04/11

Hello Ekaterina! Indeed, if you are married and acquire real estate, a notarized consent of your spouse is required. Otherwise, property rights will not be registered without the consent of the spouse. As for the spouse’s renunciation of rights to a land plot, this renunciation can also be certified by a notary.

Elena | 2016/04/10

Good afternoon My husband and I want to rent a plot of land, we went to the place, one of the local residents took us to a plot with an abandoned unfinished house and said that the owner did not register the land and disappeared many years ago, the plot was not marked according to cadastral maps, i.e. does not appear. Is it possible to submit this plot with a house for registration for rent? What actions should I take?

admin | 2016/04/19

Hello, Elena! You can approximately describe the boundaries of the land plot and its location and contact the administration of your locality with an application for granting you use of this land plot on the basis of a lease agreement.

Evgeniy | 2016/04/19

Hello, please tell me how I can register the neighboring plot as my property! My plot has been registered since 2006, since the same year I have been taking care of the neighboring plot! I asked old neighbors about the owners of this plot, they say that the last time they saw them was in 1992! And they never appeared again! He is not listed on the codastre either! I have been fenced in and taking care of him for 8 years now!!!

admin | 2016/04/29

Hello Evgeniy! You can try to go to court with an application for recognition of ownership rights in accordance with Art. 234 of the Civil Code of the Russian Federation (acquisitive prescription), however, you will need witnesses who can confirm the period of your use of the property (15 years), despite the fact that the actual period of use of the property is only 8 years.

Sergey | 2016/05/13

Hello, the other day I bought an apartment in a one-story two-apartment building, my neighbor has his own plot of land surrounded by a fence, mine is also fenced, but the old owners did not formalize the land, neither the lease nor the ownership, what can I do, can I register the ownership of the land plot in advance

admin | 2016/05/23

Hello Sergey! You can obtain ownership of this plot of land for free if it is part of the land belonging to the territory of the house. You need to carry out land surveying or draw up a plan describing the boundaries of the land plot. It is also necessary to find out whether there is a cadastral passport for the site. If you have all the necessary documents, you will be able to register ownership. If registration of ownership rights is denied to you, you can always go to court with a claim for recognition of ownership rights.

Igor | 2016/05/22

Hello! Relatives have 2 plots of land, the lease expires in 2019. They said that ownership can be registered only after building 90% of the housing. Is it so?

admin | 2016/06/02

Hello Igor! Indeed, if the purpose of the land plot is individual housing construction (individual housing construction), recognition of land ownership is possible only by constructing a capital construction project (residential building) and putting it into operation.

Ivan | 2016/09/26

It is worth considering that slightly different rules are established in Article 2 of the Land Code of the Russian Federation if you want to rent a plot owned by the state or municipality for a period from 5 years to 49 years.

Lyudmila | 2017/03/21

We want to purchase a plot of land (individual housing construction), the seller said that the plot is leased, he is ready to transfer to us the right to lease the land. What pitfalls await us? Or is this a common option for selling land?

admin | 2017/03/30

Hello Lyudmila! If you want to purchase a land plot that is leased at the time of sale, first of all, you need to familiarize yourself with the concluded lease agreement and find out the lease terms and other conditions in order to understand whether the current lease agreement will affect your rights as the owner. Thus, the purchase of a land plot that is leased is the acquisition of real estate under ownership with an encumbrance.

Alexey | 2017/05/12

Good afternoon We want to buy a garden plot. The seller has only a state certificate (pink book) among the title documents. Is it possible to immediately complete a transaction based on this document or does the seller first need to undergo re-registration of his rights to the land?

admin | 2017/05/20

Hello Alexey! First of all, you need to find out in what year the State Act for the land was issued, as well as what right the land currently has (permanent perpetual use or otherwise).

Nina | 2017/12/26

Hello! How dangerous is it to buy a plot of land that is not registered as a property, but leased for 49 years?

admin | 2018/01/03

Hello Nina! It is highly discouraged to make such transactions, since this transaction is contrary to the law due to the fact that land ownership is not formalized in accordance with the law. Thus, this transaction does not guarantee that you will subsequently receive ownership rights in the manner prescribed by law.

Evgenia | 2018/01/31

Hello! My husband and I are married. We have no children together. He has an adult daughter from his first marriage. We want to register the land in my name so that his daughter cannot claim half of the land after her husband’s death. Please tell me how to properly register the land and in the future all buildings on it in my name, i.e. in the name of the wife, so that after death no one can claim this property.

admin | 2018/02/13

Hello Evgenia! If you register ownership of land through purchase and sale, as a general rule, in accordance with the norms of the Family Code, this property will be considered the common property of the spouses. In your situation, you can conclude a marriage contract and have it certified by a notary. In the terms of the marriage contract, you need to specify the property that will be considered your personal property.

Ali | 2018/02/18

Hello, I have a plot of land for rent, built a box house, roof next year, the lease ends, if I don’t have time to do it, can I extend it and I’ve also filed for unfinished construction?

admin | 2018/02/25

Hello Ali! To renew the current lease agreement, you must submit a written application to the administration. As practice shows, as a rule, such lease agreements are extended by agreement of the parties.

Dina | 2018/09/26

Good evening! There is a site that has begun to be formalized. On the site there is a house that was decorated earlier. Now we are being denied registration of the plot because the house is not residential. Is this legal?

admin | 2018/10/10

Hello Dina! If your right to use a land plot implies the possibility of registering ownership only after the construction of a residential building on the site suitable for permanent residence, then refusal to register the property right is lawful. In any case, to correctly answer your question, you need to familiarize yourself with your title documents for the land plot, as well as with a written reasoned refusal to register property rights.

Sergey | 2018/10/14

Hello! Tell me how to sell a land plot with the right of lifelong inheritable use (how to register ownership of a plot). Ownership rights to the house on this site are registered in accordance with the established procedure

admin | 2018/10/30

Hello Sergey! In accordance with Art. 49 Federal Law No. 218 “On State Registration of Real Estate”, state registration of ownership of a land plot granted on the right of lifelong inheritable ownership until the date of entry into force of the Land Code of the Russian Federation is carried out on the basis of an act on the allocation of a land plot. You need to contact the MFC at your place of residence and provide documents for the land, a passport and pay the state fee for registering the right.

Ed | 2018/10/27

Hello! How long can I wait to register ownership of a plot of land (allocated to a family with many children) so as not to lose the rights to the plot, because... I don’t want to pay an annual fee of about 2500 t. The mayor’s office must build communications and roads first, and I think this will take a long time... are there any restrictions?

admin | 2018/11/07

Hello Ed! As such, the period during which a citizen is obliged to register ownership of real estate is not provided for by law, since by virtue of Part 2 of Art. 223 of the Civil Code of the Russian Federation, the acquirer’s right of ownership of real estate arises from the moment of such registration, unless otherwise provided by law. However, in practice, in many regions, contracts for the gratuitous transfer of land plots into ownership may establish any deadlines for registering property rights and carrying out its state registration. Thus, you need to familiarize yourself with the provisions of your agreement on the allocation of land or contact the administration.

Registration of rights to land allows the owner to dispose of it and carry out any actions permitted by law.

How to register ownership of a land plot in 2019 and what are the restrictions on registering plots?

Since the beginning of 2019, the procedure for registering property in Russia has been simplified, while the amnesty for country gardens and household plots is still in effect.

Registration of this type of real estate involves the completion of a set of legal actions aimed at transferring rights to the new owner of the site.

The legislation of the Russian Federation provides for several ways to acquire land:

• in the order of the transaction;
• municipal or state property;
• transfer of land to a legal entity into the authorized capital;
• land use.

When the allotment is transferred to the authorized capital of the organization, the property is transferred to its disposal and becomes the full-fledged sole owner of this property.

When registration is not possible

According to Article 27 of the Land Code and Federal Law No. 178-FZ, registration authorities are subject to some restrictions on the transfer of land to new owners.

For example, you cannot register ownership of a territory whose rights belong to another person. It will also not be possible to register an allotment that has been withdrawn from use by the authorities of the Russian Federation, belongs to a park, or is part of a cemetery or protected area.

How to prepare for the paperwork procedure

From January 1, 2017, Law No. 218-FZ established a new procedure for recording land plots.

Article 49 of this regulatory act establishes new rules for recording objects through an extract from the Unified State Register for updating information in the State Cadastre.

To register an allotment, the owner must submit an application to the Rosreestr office of the district in which the corresponding area is located or contact any convenient MFC with a passport and an agreement (deed) for the purchase of real estate.

Required documents

Analysis of documentation in Rosreestr will take no more than 10 days; this time is allocated to specialists to verify the received contracts and certificates.

The standard package of documents for an applicant for re-registration consists of:

• the applicant’s passport, power of attorney of the applicant’s representative and the representative’s passport;
• applications to record ownership of acquired real estate;
• the original receipt and one photocopy of the receipt for payment of state duty to Rosreestr;
• documentation for purchase and sale, exchange, lease.

If there is no information about the property in the real estate cadastre, which will be reflected in the Unified State Register of Real Estate, before visiting Rosreestr you need to go through a land surveying procedure to clarify the boundaries of the plot.

According to Laws No. 93 of June 30, 2006, No. 20 of February 28, 2015, owners of land plots can register them in a simplified version, while vegetable plots must be received into ownership no later than October 30, 2001.

To register an allotment according to the simplified procedure under the dacha amnesty, it is necessary to submit title agreements, certificates, acts to Rosreestr:

• certificate confirming the allocation of a segment for individual construction;
• certificates on the allocation of area for gardening and horticulture;
• resolution of the administration of the locality on the transfer of territory to another owner.

In this case, it is not necessary to undergo land surveying.

How to get a cadastral plan

From January 1, 2017, with the entry into force of Law No. 218-FZ, the previously existing separate acts - and the cadastral plan - are no longer drawn up; they have been replaced by an extract from the Unified State Register of Real Estate.

You can obtain an extract from the Unified State Register of Real Estate with the existing cadastral plan at any MFC convenient for the applicant or directly at Rosreestr.

If land surveying of the property has not yet been carried out, then for this procedure and obtaining the appropriate document, it is necessary to conclude an agreement with a cadastral engineer. You can check the legal capacity of the selected cadastral engineer to create technical documentation on the Rosreestr website.

After receiving the boundary plan, the landowner, having an XML document recorded on a flash card from the cadastral engineer, signed with the engineer’s electronic signature, contacts the MFC of his region or Rosreestr to correct the information on the site and enter the plan into the cadastral register.

Main stages of registration

So, let's look at how to register ownership of a land plot.

Before registering and obtaining title documents, the buyer must ensure that the seller is the legal owner of the property.

In general, the process of recording land in the state cadastre consists of the following stages:

1. Conclusion of the agreement, taking into account the requirements of Art. Art. 550, , 555 GK; Art. 37 ZK; Art. Art. , Law No. 218-FZ.
2. Sending the established package of documents to the territorial body of Rosreestr through the MFC or directly upon personal reception at Rosreestr. Completion of registration occurs within 7-9 days, according to Law No. 218-FZ, Article 16.
3. Receiving an extract that certifies the state registration of a change of owner, in accordance with Art. 28 of Law No. 218-FZ.

If there is no receipt for payment of the state duty among the submitted documents (or information about this fact in the Rosreestr information system) on the sixth day after filing the application, Rosreestr will return all real estate documentation to the applicant without consideration, in accordance with Art. Art. 18, 25 of Law No. 218-FZ.

Registration of ownership of a plot transferred by inheritance

To begin the procedure for transferring rights to real estate, the heir needs to obtain a Certificate of Inheritance from a notary's office and submit this document along with the testator's title papers to Rosreestr.

The rest of the package of documents will be the same as in the case of a purchase and sale transaction.

In the case of registration of the right of lifelong ownership, to the standard package of documentation, in addition to the Certificate of Inheritance, it is also necessary to add a Certificate of Lifetime Inheritance.

As in the general case, confirmation of the establishment of a new owner of real estate for life will be a certificate from the state real estate cadastre.

How to register ownership of a leased land plot

In order to transfer a plot of land into ownership, certain conditions are required. Such conditions may be:

• Dacha amnesty based on a residential building built for personal ownership.
• In the horticultural segment or vegetable garden, a dacha, garage, shed, and bathhouse are built and decorated.
• The plot is located on agricultural territory, and the owner is a member of dacha and gardening cooperatives and partnerships.

To register a plot, you must complete the following steps:

1. Land surveying and drawing up a boundary plan.
2. Registration with the MFC or Rosreestr.
3. Receiving from the head of the municipality a Resolution on the alienation of territory from municipal ownership, or obtaining a Resolution on the purchase of the area without an auction, if a house is built on the site and the site is leased and allocated for individual housing construction or private household plots.
4. Registration of property rights through Rosreestr.

Registration of ownership of a land plot and its privatization is the only way to legalize your rights to it. If the land you own is rented or simply not privatized, then you will not be able to give it to your children, or leave it as an inheritance, or sell it if the need suddenly arises. The only thing that is available to you by law in this case is to use it for your own purposes.

It is for this reason that many people decide. However, it should be said that this is a rather slow and complex process. This is due to the fact that if you decide to legalize the land yourself, then you will have to spend a lot of effort and time collecting all the necessary papers, filing them correctly, carrying out land surveying, for which you will need a cadastral service, and wait for everything to be completed. will be legalized. At the same time, if you have any difficulties with the documents or their execution, the privatization procedure will drag on for a year, or even more. In this regard, you should not avoid the help of specialists, as they will tell you about all the nuances, where to start, as well as how to register the land correctly.

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Registration of purchased land

In the event that you independently bought this land plot from other people or received it as a gift, then you will need to register ownership of the land, for which you should contact Rosreestr. To do this, you will need to submit the following package of documents:

It is worth saying that regardless of the purpose of the land, the state duty will be 200 rubles. The exception is agricultural land. For their privatization you will need to pay 2 times less. If the land is intended for the construction of an industrial facility, then in order to legalize it, you will have to pay 1000 rubles, and if you are also a legal entity, then the amount of state duty for you will increase to 15 thousand.

Registration of inherited land

If you inherited land, the procedure for registering a land plot will be a little more complicated than when purchasing it. To do this, before registering the land, you will need to go to a notary within six months from the date of death of the testator and write a statement that you agree to accept the inheritance of the plot and everything that is located on it. After this, you will receive a power of attorney from the notary to conduct the inheritance matter. With this power of attorney you will need to collect the following documents:

Having collected all these documents, the inheritance case will be closed, and you will receive a certified certificate from the notary, on the basis of which you can receive your inheritance. After this, in order to complete the land registration, you will need to visit the MFC or the Federal Registration Service. Here you will pay the fee, which is 1 thousand rubles, write an application, and also submit the following documents:

After this, you will receive a receipt indicating that the above list of documents has been accepted. It will also indicate the date when you will need to come to the government office to receive the certificate. If you come to the MFC on the appointed date, and there is still no certificate, then you will have to wait a little longer.

Registration of leased land

If the inherited land was leased from the administration or received under a contract of perpetual use, then before registering ownership of the land you will have to perform the following steps:

• Order a geodetic plan;
• Order a master plan from the BTI;
• Visit the administration and write an application asking to transfer the land into your ownership. You will also need to provide them with a package of the following documents: a master plan, an act of transferring ownership of the land to you, a cadastral passport and permission from the guardianship and guardianship authorities, if the owner of the plot is a child who is under 14 years old. You will have to wait for a decision for several months.
• Perform land surveying;
• Register the plot with the Cadastral Chamber and receive an updated cadastral passport for it.

It is worth saying that if the plot was leased, then in order to complete the registration of the land plot, you will need to buy it from the administration.

After these stages have been completed, you will need to register the land, for which you will need to submit a list of the following documents to the MFC or the Registration Chamber:

• Your passport;
• An agreement for the purchase and sale of land from the administration or a document stating the transfer of ownership of the plot;
• A receipt confirming payment of a fee of 2000 rubles;
• If a proxy acts in your place, you will also need his passport and a power of attorney certified by a notary;
• An application filled out by the registrar based on the above documents.

How to legalize an existing land plot?

If you have a plot of land that has not yet been registered, and you want to legalize federal land, then you need to start by submitting the list of documents you have to the local branch of Rosreestr. Problems in the registration procedure may arise if you do not have documents for this plot of land and you cannot immediately legalize it. Most often this happens if the documents were lost, or you did not bother to complete them in time.

It is impossible to legitimize a plot if you do not have a document that can confirm your right to own it. Therefore, if you use a plot without rights to it, then its privatization can begin by renting it from the local administration.

If you do not have a cadastral passport, you will also have to obtain one. To do this, you will need to carry out a land surveying procedure, pay state fees, etc. You will also have to obtain other documents in the same way.

It all depends on how many documents you have. The fewer there are, the longer it will take you to register and complete the registration of a land plot. However, rest assured that it is quite possible to legalize the land you own.

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People are individuals. Some people love the noise of cities, others love hiking, going to the sea, etc. The third category of citizens who enjoy relaxing and working in the country, while others are even engaged in farming or agriculture. To ensure that no one takes away the land that you bequeathed or sold, register it as personal property.

Simplified site design scheme: instructions

Under the USSR, land plots were issued to those wishing to do so indefinitely with the right of transfer by inheritance. Since 2001, the Land Code has carried out a “dacha amnesty” for the right to own lands that were previously issued to citizens. According to a simplified scheme, people who received land plots before the Land Code came into force have the right to privatization (or transfer of ownership to the owners).

Where to start registering land using a simplified scheme, without applying for permission from local authorities? This registration method was in effect on the basis of additions to the Land Code from 01.0.2016. until March 1, 2016, the Ministry of Economic Development of the Russian Federation introduced amendments and changes, the simplified privatization period was extended until December 31, 2020.

Cases of application of simplified privatization:

• the allotment was received in the period 1991-2001;
• the land is used for farming or construction;
• the land plot is built up: with a house, garage, barn, etc.;
• the land was inherited from someone who had the right to use it on the basis of the above points.

Nuances of simplified registration of land plots

It turns out that citizens receive the right to register land ownership on the basis of a document issued before 2001. Documents confirming the right to acquire land: act of allotment; declaration for construction or others, which indicate data on the allocation of land.

The existing document with the application is submitted to Rosreestr, which will review and make a decision within two weeks. If the issue is resolved positively, a certificate of land ownership is issued.

You can download an example of a state act on land ownership by following the link.

If you lose the right to the establishing act, submit a request to the Federal Archive. There is no time limit for document restoration. They are restoring documents for the right to own land allotment from the times of the USSR.

The usual procedure for privatizing a land plot

A person who wants to privatize land provides Rosreest with:

1. documents on the basis of which the land is used (deed, land lease agreement);
2. cadastral documents;
3. passport.

Documents are provided in the original and a second copy of the documentation package - photocopies. The time frame for resolving the issue is two weeks.

Changes in land legislation in 2016

In order to systematize and simplify the acquisition of land for personal property, the provisions adopted on March 1, 2016 expanded the possibilities for privatization of a plot of land. Now plots issued by garden and dacha communities are privatized on the condition that a house will be built on them within ten years.

Members of the garden and dacha community privatize plots for free. Certain categories will be allocated land plots free of charge. Every citizen of Russia has the right to register free land for farming.

You can download a sample application for a list of vacant lands.

Provided: agricultural lands, forest plantations, rural settlements for gardening, livestock farming, and other farming.

The condition for allocating land for personal use is:

• a piece of land belongs to the state or municipality;
• does not belong to any of the citizens or communities.

Land, on the basis of the Land Code ch. 5.1 as revised in 2016, is provided for use in several ways:

• for money or free of charge;
• the plot was won at auction or without auction;
• land is rented or taken for free use for personal needs.

Cost of land registration

The funds spent to formalize the privatization of a site directly depend on the prices established by a specific region for the services provided and the required amount of work.

The costly aspects of land surveying depend on the selected geodetic company. The price is 7-30 thousand rubles. If there are buildings, cadastral work is cheaper.

Payment for the purchase of a land plot at the price established by the decision of the commission of similar lands in the region. Find out the price in the cadastral passport.

It is possible to reduce the cadastral value:

• with nearby bodies of water, ravines;
• damaged (scorched) areas of fertile soil, other restrictions and reasons.

It is mandatory to pay a state fee when registering with the territorial department of cadastre and cartography:

• The state duty for the initial registration of rights to a plot is 350 rubles;
• after the survey has been completed when issuing a cadastral passport - 200 rubles;
• When registering an inheritance, the state duty is 2,000 rubles.

How to inexpensively privatize land from the state?

Let's consider two ways:

1. First, choose the area you want to get. Write to the head of the district who has the right to dispose of land (land fund for redistribution) with an application to receive a list with the indicated free land plots by cadastral numbers.
2. Choose your favorite vacant plot yourself and draw up a diagram for inclusion in the cadastral plan of the territory. To do this, conduct a land survey and register information about the site.

Having chosen a site, submit an application to the administration in order to pre-agreed the provision of this site to you. A sample application form for a rental agreement is attached.

You can download a sample application for land privatization using the link

Having received a response, you participate in the announced auction. By renting land, you get a chance to reduce the cadastral valuation, reduce the rent and buy this plot for 10-30% of the cadastral valuation, having received a commission’s conclusion about the violation of the fertility of the plot due to unfair use before you leased the land.

Features of site privatization

Pay attention to the nuances that can be an obstacle to the privatization of a plot:

1. The cadastral passport is drawn up no later than five years from the date of application. If it is outdated or lost, carry out a survey. Licensed geodetic companies have the right to carry out land surveying. When performing boundary work, it is possible to expand the site if there is nearby unowned land. After completing the survey and receiving the documents, you will receive a cadastral passport at the territorial department of cadastre and cartography or extend the validity period.
2. After a positive decision is made by the administrative commission, a certificate of ownership is drawn up. The act is necessary to issue a certificate of ownership of the plot. A sample act is attached. In cases where the commission's decision is negative and you are denied, an extract from the minutes of the commission meeting is issued.
3. When registering an inherited plot, the application period begins after six months. The privatization process is similar. The only addition to the package of necessary documents is an extract from the notary's office on entry into the inheritance.

The final stage of registration of ownership

To verify the legal status of the landowner, register the property rights in the cadastre. After entering the information into the records, you will receive documents establishing the rights of the landowner as the owner, which will allow you to use the plot and dispose of it as you wish.

To register you need:

1. personal passport;
2. document establishing the right to land;
3. land cadastral passport:
4. if there are buildings, the corresponding documents;
5. an act issued on the basis of a decision of the administrative commission on the allocation of land (obtained by inheritance - certificate of inheritance);
6. if a representative is handling the paperwork instead of you, a power of attorney certified by a notary.

• Documents with two sets of photocopies are handed over to the specialist against signature.
• The legal deadline for registration is twenty-one working days.
• At the end, you will receive a certificate written on a special form indicating information about you as the owner of the land. The documents submitted against signature will be returned to you with the certificate. Only after this consider yourself a happy landowner.

Video: Methods for registering land ownership.