How to properly register a plot of land as your property. How to register ownership of a land plot - step-by-step instructions

Registration of land ownership is a mandatory process, after which the newly-minted owner receives the right to complete disposal of the site at his own discretion.

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After the issuance of title documentation - a registration certificate - the law will always protect the interests of the owner. The latter will acquire such opportunities as sale, exchange, donation or inheritance of land.

What is it for?

The law provides for several ways to obtain property rights to land plots, depending on the method by which the land is acquired:

inheritance;
donation;
buying or selling;
exchange;
privatization of land that is municipal or state owned;
transfer of land as authorized capital to a legal entity.

The conclusion of an appropriate agreement is only the first stage in the procedure for acquiring property rights. The last point, as is commonly believed, is the state registration of land rights in Rosreestr.

The procedure for registering ownership of land will differ slightly depending on the method by which the rights to the plot are acquired - purchase, privatization or transfer.

Where can I apply?

The type of government agency an applicant needs to apply to depends on how the land is acquired.

So, if the site is owned by the municipality or the state (not by an individual), an application to the Property Management Committee of the relevant municipality is required. When visiting, you will need a passport and a photocopy of it.

Based on the results of consideration of the application, the Committee will issue permission to transfer the site to the new owner.

After surveying and drawing up a plan, you need to issue a cadastral passport. Based on this document, the site will be included in the Unified Cadastre. A specific site will be assigned a unique identification number, allowing it to be identified among hundreds of others.

After this procedure, the municipality and the future owner enter into a contractual agreement. If the plot was received as part of an inheritance or was previously issued by a municipality, then drawing up a DCT is not required.

It does not matter from whom the land is purchased - from an individual or a legal entity. The final stage will be the submission of the necessary documentation:

or directly to the territorial division of Rosreestr;
or through a multifunctional center for the provision of public services.

The time frame for providing services through the MFC is usually a little longer, since all documentation and information about the applicant is transferred by the center’s employees to Rosreestr, which requires some time. By contacting Rosreestr directly, you can obtain a registration certificate faster.

What is needed for this

If you have all the necessary papers for registration, the procedure should be completed very quickly.

Registration authorities no later than 30 days from the moment the applicant provides the established set of documentation are required to issue a certificate certifying the existence of ownership rights.

To obtain such a certificate, the following documents are submitted to the territorial division of Rosreestr:

passport or other identity document;
check for payment of state duty;
legal document for the plot - this can be a certificate of entry into inheritance rights, or an order for separation from municipal property, or a written agreement, or a court verdict recognizing ownership rights;
cadastral plan for a plot of land;

In the event that the land plot is intended for personal, subsidiary or dacha farming, as well as for gardening or individual housing construction, the state duty will be only 350 rubles.

If other land properties are registered, the fee will be 2,000 rubles. Registration of a share of a plot of land will cost the least - 100 rubles.

After 1 month has passed from the date of submission of all required documents, the registration authority issues a certificate of registration. The full owner of the land receives all rights to dispose of it - including donation, sale or exchange.

In the village

Often citizens have houses located in rural areas with unregistered land. How to solve this problem?

If documents are missing, you should visit the territorial archive or BTI and look for papers. Evidence is required that the plot belonged to the applicant or any of his family members.

In addition, you will need:

extract from the cadastral passport;

house plan;
house owner's passport;
fee payment receipt;
application to Rosreestr.

It is advisable to involve witnesses who can verify the fact of residence at this address. All collected documentation is submitted to Rosreestr; in case of refusal, you should go to court.

If it has been used for more than 20 years

To register ownership of a plot that has been in use for more than 20 years, you need to collect documents that indicate the actual use of the land. To do this, you need to contact the dacha farm or the archives of local authorities.

The certificate received from the government agency must indicate:

to whom and when the land plot was provided;
area and boundaries;
details of the document on the basis of which the land was allocated;
delivery period.

After this, you need to survey the area. This procedure is authorized to be carried out by specialized firms of a constituent entity of the Russian Federation. Based on the survey results, a new site plan is drawn up and entered into the cadastral register.

What is the price

If you resort to the professional help of lawyers involved in land registration issues, the service will cost approximately 10-15 thousand rubles - depending on the specific region and the pricing policy of the law firm.

In some cases, the procedure can be more expensive - about 20,000 rubles will have to be paid in case of registration of rights to commercial land.

Let us note that qualified lawyers will provide support not only in the procedure for registering property rights, but will also help collect and draw up all the necessary documents. Some law firms offer a service for the full management of the client’s case from beginning to end.

What lands cannot be registered as property?

Citizens cannot formalize property rights to those plots of land that are under the jurisdiction of structures that ensure security at the state level. Such lands may have a special strategic purpose, which limits their free circulation.

However, it is possible that an individual will be granted the right to reside on such lands under a social tenancy agreement. The right to dispose of such plots will not be given under any circumstances.

It is impossible to privatize lands needed by the Armed Forces of the Russian Federation for conducting training activities and military operations.

Lands of significant cultural or historical value cannot be owned by citizens. This restriction applies because the preservation of the cultural or historical heritage of Russia is one of the state’s highest priorities.

Leased land belongs to the state or municipality, but the Land Code of the Russian Federation allows the transfer of public land from lease to private ownership. Moreover, the current tenant has a priority right of redemption, and the future owner has the right to sell, re-lease, donate or inherit the land plot registered as ownership. Below I tell you step by step how to buy a plot of land from the state as your own for 3% of the cadastral value.

2. Personal subsidiary plot (LPH)

If the plot for private household plots is located on the land of a populated area, it is a personal plot of land. On it you can build a residential building, industrial, household and other buildings, structures and structures. Such a plot is in no way inferior to land for individual housing construction. Moreover, building a house on a plot allocated for private household plots does not require prior permits or approvals. Such a house can be officially registered and lived in it on a permanent basis. Of course, if everything is done in compliance with town planning regulations, construction, sanitary and hygienic, fire safety and environmental rules and regulations.

A plot of land for private household plots located outside the residential zone is called a field plot of land. The possibility of its development is completely excluded, since it has an agricultural purpose, that is, it can only be used for growing agricultural products. Some time ago, the construction of permanent houses on former fields was quite common, but legally this is illegal, and such unauthorized construction may be ordered to be demolished based on a court decision.

Please note that in a number of constituent entities of the Russian Federation there is a restriction on the development of land plots for private plots with residential buildings - no more than 10% of the area.

3. Garden non-profit partnership (SNT)

In order to transfer from lease to ownership a plot in SNT with the purpose of gardening or vegetable farming, which is located on the lands of settlements, as well as on a plot for individual housing construction, you need a dacha, bathhouse or outbuilding with a deep foundation built and registered as the property.

On garden plots located on agricultural lands, it will also be necessary to build a permanent building. However, here you need to hurry up with construction: you need to legalize the construction under the dacha amnesty before December 31, 2020, and only on the condition that you are a member of this SNT.

It is now impossible to build anything at all on agricultural lands intended for gardening.

4. Agricultural land (Agricultural land)

Article 39.3, Part 2, Clauses 9-10 of the Land Code of the Russian Federation regulates the period after which you can submit an application for the purchase of an agricultural land plot from lease to ownership - 3 years of use for its intended purpose for agricultural land (there is no need to build a building).

Let us turn to the Federal Law of July 24, 2002 No. 101 - Federal Law (as amended on December 29, 2017) “On the turnover of agricultural land”, paragraph 1 of Art. 10 of the above law - Land plots from agricultural lands that are in state or municipal ownership are provided to citizens and legal entities in the manner established by the Land Code of the Russian Federation, paragraph 4 of Art. 10 - A citizen or legal entity to whom a land plot located in state or municipal ownership is leased and in respect of which the executive bodies of state power and local government bodies specified in Article 39.2 of the Land Code of the Russian Federation do not have information about those identified within state land supervision and unresolved violations of the legislation of the Russian Federation when using such a land plot, has the right to acquire such land plot as a property or enter into a new lease agreement for such a land plot in the case and in the manner provided for by the Land Code of the Russian Federation.

In addition, there is the possibility of building a subsidiary plot and living on agricultural land for farming purposes. To do this, you need to become a farmer, that is, obtain the appropriate certificate. For example, become the head of a peasant farm (peasant farm).

Please note that if only part of the leased land plot is used for agricultural purposes (for example, to process only 3 out of 10 hectares), the remaining part (7 hectares) will deteriorate, i.e. lose their beneficial properties. Under such circumstances, the leased land plot will be completely confiscated from you and it will no longer be possible to transfer it into ownership.

How to buy land from lease to property under a house

If you build and register ownership of a house or any other capital building in accordance with the permitted use on a plot leased for individual housing construction or private plots, then you will be eligible for a preferential purchase of the land plot from lease to ownership (we will consider the cost of purchase below).

The procedure is as follows:

Register the constructed object with the cadastral register. To obtain a cadastral passport for a built house, you will have to call a commission to the site. Sometimes it is enough to build only the foundation (check with the cadastral office) ~ 2 weeks;
Assign an address to the object (if not) ~ 1 week;
Registration of ownership of the house ~ 2 weeks;
Submit an application for the purchase of the land plot under the property to the Administration on whose territory the land plot is located. According to the Redemption Rules, which are established by the municipality or the Government of the Russian Federation (for lands in federal ownership), the redemption of a land plot from lease to ownership takes place without bidding, since the owner has a priority right;
Obtain from the head of the Administration a resolution on termination of the lease agreement and a resolution on the transfer of land into ownership;
Receive and sign in 3 copies the land purchase and sale agreements prepared by the Administration and pay the amount specified in the agreement within the specified period (non-cash);
Submit documents to RosReestr through the MFC “My Documents” for registration of property rights.

Please note that according to Art. 271 of the Civil Code of the Russian Federation, upon transfer of ownership of real estate, the buyer acquires the right to use the corresponding part of the land plot on the same conditions and to the same extent as the previous owner.

Documents for registering land from lease to ownership

Registration of a land plot in RosReestr occurs if the following documents are available:

Lease agreement or agreement for assignment of lease rights to a land plot;
Resolution of the head of the district administration on the provision of land for rent;
Cadastral passport for a land plot;
Cadastral passport for the constructed facility;
Resolution on termination of the lease agreement;
Resolution on the transfer of a land plot from lease to ownership;
An extract from the Unified State Register of Real Estate, in which you are indicated as the owner of the constructed building.

RosReestr sends extracts from the Unified State Register within 3 working days (there are delays). If you want to receive information faster, I recommend ordering statements directly through - this way you will receive the finished document within an hour. The cost is the same - 250 rubles, the official data is from the Unified State Register of RosReestr and is confirmed by the registrar’s electronic digital signature (EDS).

An extract from the Unified State Register of Real Estate, which I recently ordered through

The cost of purchasing a land plot from lease to ownership

For building owners, the cost of transferring a land plot from lease to ownership is a fixed percentage of the cadastral value, the amount of which depends on the region and the intended purpose of the land:

In cities with a population above 3 million people (Moscow and St. Petersburg), the purchase price is equal to 20% of the cadastral value of the land plot. In Moscow - the redemption price is 20%; in St. Petersburg - 19.5% (according to general rules);
In cities with populations from 500 thousand to 3 million people. - in the amount of 5 to 17 times the land tax rate. The tax itself is 1.5% of the cadastral value of the land, i.e. the cost of purchasing ownership will be from 7.5 to 24%. Such cities include: Yekaterinburg, Rostov-on-Don, Kazan, Omsk, Chelyabinsk, Nizhny Novgorod and other cities with a population of over a million;
In settlements of up to 500 thousand people, as well as outside the boundaries of settlements - in the amount of 2 to 10 times the land tax rate, i.e. the redemption cost will be from 3 to 15%. For example, in the Moscow region there is a 10-fold rate, so transferring a plot of land into ownership will cost 15% of the cadastral value.
The redemption amount for rural and township districts is set individually and may be less than 1% of the cadastral value.

The cost of transferring a land plot from lease to ownership for municipal lands and small towns, as a rule, does not exceed 3% of the cadastral value. For lands of large cities - 15-20%. The exact cost of buying from a lease into ownership will be told to you only by the Administration in whose territory the land plot is located.

How to register ownership of land under an unfinished construction project (unfinished)

The legislation does not contain an exact definition of “Unfinished Construction” or an Object of Unfinished Construction, however, if we take the systemic relationship of the provisions of the articles of the Civil or Town Planning Codes, we can obtain an indicative concept:

Part 1 Art. 130 of the Civil Code of the Russian Federation - Immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished objects construction. Part 1 Art. 131 of the Civil Code of the Russian Federation - Ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by bodies carrying out state registration of rights to real estate and transactions with it. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by this Code and other laws;
clause 10 art. 1 of the Civil Code of the Russian Federation - A capital construction object is a building, structure, structure, objects whose construction is not completed (hereinafter referred to as unfinished construction objects), with the exception of non-capital buildings, structures and inseparable improvements to a land plot (paving, covering and others).

Analyzing the above norms, we will try to highlight the concept of an object of unfinished construction (an object of unfinished capital construction, “abbreviated” ONS) - ONS recognizes such real estate (building, structure, structure), the construction of which is ongoing or not completed.

Additionally, we highlight the characteristics that the ONS must meet:

Strong connection with the earth and the inability to move it without disproportionate damage;
Suspension of construction, conservation, or final stop of construction;
Individual certainty.

It is better to discuss whether the foundation is an unfinished object with a cadastral engineer. In different regions, administration policies differ according to regional legislation.

From the above, we conclude that ONS is real estate, and real estate is subject to state registration and cadastral registration. To do this you need:

Collect a complete package of documents for the land plot;
Call a cadastral engineer to prepare documentation and for cadastral registration of the house (ONC);
Receive a notification from the administration in accordance with Art. 51.1 Civil Code of the Russian Federation;
The registration itself takes place in the general manner when contacting the local MFC.

In addition, the decision of the Supreme Court of the Russian Federation dated September 19, 2017 No. 305-ES17-7338 in case No. A41-27734/2016. Position of the RF Supreme Court - The Judicial Collegium for Economic Disputes of the RF Supreme Court did not agree with the position of the first and cassation instances and upheld the appeal decision. Thus, the judicial panel of the RF Armed Forces confirmed that the actual owner of an unfinished facility on a leased plot has the right to apply for the conclusion of a lease agreement for a land plot for a new term without bidding. To do this, it is not necessary to register ownership of an unfinished construction project. Read, the panel of judges explains everything there quite clearly.

Also, the law provides for the registration of a plot with buildings as personal property if it was purchased before 2001. List of own properties that fall under privileged conditions:

Agricultural land in SNT and DNT;
Land for individual housing construction;
Land for the construction of garages and baths;
Private household plots with buildings in which there is no construction approval.

Also, please note that according to amendments to three federal laws - No. 191-FZ “On the implementation of the Town Planning Code of the Russian Federation” dated December 29, 2004, No. 221-FZ “On cadastral activities” dated July 24, 2007 and No. 218-FZ “On state registration of real estate” dated July 13, 2015, until March 1, 2020:

no commissioning permission required;
regions have the right to set the maximum cost for the services of cadastral engineers for the preparation of documents required for registering an object;
The basis for state registration is the technical plan of the structure and documents confirming the right to own land.

In general, in order to obtain a priority right to purchase from lease to property, try to register an unfinished construction project in RosReestr.

How to transfer land under part of a house from rent to ownership

If you have a private house, for example for 2 owners, then first you should make changes to the information about the property. This is done using a form application to the cadastral chamber or housing inspection, which will inspect the building and make a decision on recognizing the property as an ICHD (Individual Private House). This is the first and main task.

Next you will survey, demarcate, etc. To avoid probable negative circumstances, for example when neighbors decide to sell their half of the house, it is better to register ownership with definition of boundaries. So you will have common-joint (not delimited) or common-shared (defined in shares of the property) property.

How to transfer ownership of a plot on which it is prohibited to build a house

Difficulties arise when the lease agreement states:

With a permitted type of use: for running personal subsidiary plots (without the right to build an individual residential building) within the boundaries specified in the cadastral passport of the site.
The type of permitted use of the land plot is not subject to change - the Tenant uses the plot in accordance with the special conditions established in this Agreement.
Special terms of the agreement: the tenant uses the land plot without the right to erect an individual residential building on it.

In this case, you need to study Gen. Development Plan (SGDP) and Land Development Plan (LDP) in your area for a valid ban on the construction of residential buildings. If the GPZU confirms the ban, then you can go the following way:

Construct, in accordance with sanitary standards, a utility building on a foundation (for example, for storing agricultural products or raising chickens);
Hire a cadastral engineer who will make a cadastral plan of the building;
After this, submit documents for state registration of this building as a permanent utility room. The last option is through the court;
After this, it becomes possible to transfer the land plot under the outbuilding from lease to ownership.

How to transfer ownership of the land under an apartment

The land plot under an apartment in an apartment building is the property of the persons who own the apartments. In other words, if your apartment is owned - privatized, then the ownership of the land plot located under the apartment building belongs to you and other apartment owners in terms of the number of owners.

For example, if there are 100 apartments in a building and each apartment has an owner, then your share of the right to this plot is 1/100. Consequently, it will be necessary to collectively transfer ownership of the entire plot, and then survey it in accordance with the shares.

How to transfer ownership of a plot for trade

Here it is necessary to refer to several legal acts: Town Planning Code, SNiP, 221 Federal Law “On the Real Estate Cadastre”, Land Code of the Russian Federation. If we summarize everything that is said there, we conclude:

“Capital” is a building whose foundation is firmly connected to the ground, deepened and made of durable building materials (brick, stone, concrete, slab, etc.);
The right to purchase a land plot without an auction is available to persons who use it by lease and other rights not related to the right of ownership, and also have buildings on it that are their property.

Apply for the purchase of this land plot in the general manner at an auction, or, alternatively, build a foundation there and register it as unfinished. Thus, the likelihood of transferring this land plot from lease to ownership, even in court, will increase significantly.

Categories of land that cannot be converted from lease to ownership

The Privatization Law provides for the following restrictions on the transfer of land into ownership:

Reserved sites for state or municipal projects;
Located in the exclusion zone of railway, road transport, river, sea ports and airports;
Landfills contaminated with substances hazardous to human health;
Streets, parks, city gardens, protected areas;
Protected zones of water intakes (underground and surface water sources) and treatment facilities;
Lands of forest and water resources, nature reserves;
Lands of the Ministry of Defense.

Article 27 of the Land Code of the Russian Federation - “Limitations on the turnover of land plots”, it contains a list of plots that are not subject to transfer to private ownership, while changes are often made to this article, the last one was on July 29, 2017 in clause 7.

Problems when transferring land from lease to ownership

MUGISO (Ministry of State Property Management of the Sverdlovsk Region) put up for auction land intended for individual housing construction. The essence of the auction is that the right to use the site is transferred to the one who offers the highest rent. However, according to MUGISO, the problem was that people want to rent land at a high price, but for a short period. At the same time, they plan to build housing on it as quickly as possible, since in this case the landlord has the right to buy this territory at a reduced price - 1.5% of the total cadastral value. Thus, tenants could buy a plot, for example, worth 4 million rubles. for only 60 thousand rubles, while the purchase of a plot of land registered for rent, without a residential property, is carried out at the full cadastral value.

According to Natalya Turygina, who is the chief specialist in the department for preparing certificates of ownership in the land committee of the Yekaterinburg administration, their attention was initially drawn to cases in which:

Very little time passed between renting and purchasing land (2-3 months);
When visiting these sites, it was revealed that on some of them nothing was built at all, and those buildings that were built on other plots were temporary, i.e. do not have foundations (sometimes even windows and doors) and are made of OSB boards and corrugated sheets.

The head of the department for architectural and construction control of the Department of Urban Planning, Architecture and Regulation of Land Relations D. Yurin explained that:

The main problem of such buildings is the lack of necessary communications (water supply, electricity, heating of any type and sewerage);
In addition, the area in which they are located is often swampy, so waterproofing the foundation of the building is also required;
It turns out that the tenants are scammers and did not try to build the house in accordance with all the rules and regulations. In addition, people simply pour concrete directly onto the site itself, without digging into the soil, and this is a serious structural violation that poses a threat to human life;
Further, employees of the city administration became aware of a case of moving erected buildings one by one to three sites using a truck crane. At the same time, the temporary huts were sawn in half for convenience.

Taking into account the above, a lot of questions arise for specialists who have recognized such buildings as individual residential buildings, suitable for living and settlement...

The next problem is the purchase of the plot from lease to ownership at a reduced price, after which the supposedly “residential” building can be demolished or transported to the territory of another similar leased plot. Then the purchased plot is resold, but at the market price.

As a result, Natalya Turygina went to court to cancel the decision to register ownership of these land plots and houses, as well as to invalidate subsequent purchase and sale transactions of the plots. The examination proved that these buildings cannot be classified as individual housing.

Currently, the courts are considering 23 cases on 35 land plots that participated in such fraudulent schemes. So far, 8 such transactions have been cancelled. A fraudster who owned 7 plots at once was detained. The builder who erected temporary houses on them is also the owner of several such sites. Transactions on these lands were carried out with the participation of the same cadastral engineer, lawyer and expert who issued the opinion. The land will not be taken away from these people, but the lease agreements will simply be returned in compliance with the conditions that were announced during the auction.

The amount of damage to the budget of the municipality in those cases that have already been considered in court has also become known. It amounts to 3.6 million rubles. Another approximately 30 million rubles. will amount to damages in cases that are pending. To calculate this amount, the unpaid rent from the moment of resale of the site and the difference between the market and preferential prices are taken.

In these cases, not only administrative, but also two criminal proceedings were initiated against cadastral engineers, who were charged with falsifying documentation. In addition to the city budget, respectable citizens also suffered damage from the actions of the fraudsters, who unknowingly bought plots from the scammers, since the court declared these transactions invalid.

Please note that specialists from the city land committee and MUGISO are trying to combat such schemes. The administration began sending employees to check the plot immediately after receiving an application to purchase the land, and if suspicions arise, the plot is seized, preventing resale, and an application is filed in court.

Remember that leased property is possessed but not owned. Judicial practice on the seizure of federal land - Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated May 24, 2011 No. 148/11.

What to do if you are refused to purchase a plot of land from lease to ownership

If you have received, in your opinion, an unreasonable refusal from the administration to purchase the land plot under the property, then you have grounds for a positive court decision in your favor. Before going to court (and this will most likely be arbitration) with a claim to challenge a decision, an act of a government body, I advise you to obtain sufficiently strong evidence.

Requesting an architecture opinion.
See the judicial practice and decisions of the Arbitration Court of your region on the imposition of boundaries and, in general, practice on the boundaries of land plots
Compose a letter of complaint and send it to the owner of the site.
Wait 30 days. If there is no response, draw up a statement of claim and send it to the court.
Come to court and say something like this: “I am the tenant of such and such a plot and the owner of the building located on it. All property on the land plot was built in accordance with the permitting documentation, the town planning code and the legislation of the Russian Federation (Civil Code of the Russian Federation, Land Code of the Russian Federation, Civil Code of the Russian Federation). The land plot is the property of the municipality and is not subject to the rules prohibiting the transfer from municipal property to private property.”
The court orders a town planning examination, you pay for it, and if everything is as you say and the refusal is unfounded, you will be given a positive opinion on the boundaries, zones and lines.
The court makes a decision in your favor and will oblige the owner to enter into a purchase and sale agreement for the land plot with you.

In addition, there is an appellate court, which checks the legality and validity of the findings of the lower court and makes a conclusion about the correct application of the law. Just keep in mind that urban planning examinations are not carried out during the appeal. As a last resort, you will have to drag out the case until cassation and independently contact an independent expert institution to draw up an opinion, and accordingly figure out why you could not do this earlier and petition the court to conduct a forensic examination.

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There are several options for registering land ownership. In order for the operation of obtaining rights to own a land plot to be as clear as possible for you and not drag on over time, it is important to formulate for yourself a clear idea of what the structure of such an operation is. And based on the reasons for which you are going to become the owner of a certain plot, begin the procedure for registering ownership of the land plot.

2018 brought a number of significant changes in this direction. According to the new standards, everyone who has summer cottages or garden plots is required to register them in the State Cadastre, regardless of whether this plot of land was given for long-term use or for indefinite use.

To obtain the owner's rights, you should take an extract from the Unified State Register. The standards for registering such a legal transaction and the rules for its implementation are described in Law No. 218-FZ “On State Registration of Real Estate”.

What is the legal basis for obtaining land ownership?

In order to fully become the owner of land, according to the Legislation of the Russian Federation, the following methods of acquiring rights are considered:

Inherit.
Purchase as a gift.
Receive under an exchange or purchase/sale agreement executed between legal entities or individuals.
When a new legal entity is formed, land becomes a component of the authorized capital.
As a result of the implementation of the privatization act of land from the state fund or municipal fund.
By registering the land recognized as ownerless.

Attention! The presented list identifies the most common options for registering land ownership. There are different methods of private order, such as, for example, award lands transferred for temporary use with the subsequent right to transfer into ownership or recognized by a court order as the property of citizens or legal entities.

Lands prohibited by law from being registered as property

There are a number of restrictions determined by the government agency responsible for registering land ownership. Legislative Act No. 178-FZ dictates a list of frameworks established by Article 27 of the regulations. Prohibited categories include:

plots of land reserved for state or municipal projects;
areas of landfills or other test areas where background contamination is possible;
protected areas of territories that qualify as places for drinking water intake;
exclusion zones in areas of highways, airports, sea and river ports;
nature reserves and park areas;
forest areas;
water resources;
cemetery areas;
public lands;
areas used by government services;
lands and lands subordinate to the Ministry of Defense of the Russian Federation.

It is also impossible to register ownership of a land plot whose owner is already another individual or legal entity.

How to act when preparing to register land rights

Considering that the registration of land plots after 01/01/2017 acquired a new procedure in accordance with Law No. 218-FZ, it is important to remember that Article 49 of this regulatory document involves recording the land as an object through an extract from the Unified State Register and updating the information through the State Cadastre.

The owner must provide the necessary documents for land registration to the authorities involved in this where the land plot is geographically located. Or register at any MFC, bringing your passport and documented proof of ownership of the land plot to the institution.

Working with data verification documents in Rosreestr will take about 10 days if you provide all the required documents at once.

Documents for registration of ownership of a land plot.

In order to legalize ownership of a land plot, you will need to collect the package of documents provided for by the Law, namely:

Statement of desire to exercise the right to own land.
Cadastral passport of the land plot.
Passport of a citizen of the Russian Federation (original) and its copies.
A document confirming the legal receipt of land for use.

It is allowed to certify your ownership of land:

contract for the purchase of land;
evidence of inheritance;
privatization act of a plot of land;
gift agreement, etc.

Attention! A private owner is allowed to transfer ownership of land that was previously leased. In accordance with the Law, a lease agreement cannot prevent the purchase of a land plot. This is enshrined in Federal Law No. 178-FZ “On the privatization of state and municipal property” dated December 21, 2001 (taking into account amendments and additions in 2017)

A simplified option for registering land ownership

Owners can own their plots of land using Law No. 93 of June 30, 2006 and Law No. 20 of February 28. 2015, apply according to a simplified scheme. But these land plots must be allocated for ownership or use no later than October 30, 2001.

To simplify the registration of rights to land (using the dacha amnesty), it is necessary to present to Rosreestr an agreement confirming the right to use the site, or a certificate (act) of permission to use the designated territory for individual housing construction.

Download sample contractfree temporary use of land

You can certify the fact of right and a certificate of receipt of an allotment for gardening and vegetable gardening. The same document is considered to be a resolution issued by the administration of a particular locality on the transfer of territory to another owner. There will be no need to carry out land surveying if we consider this option of the procedure.

Cadastral passport of the plot

The USRN extract is provided to citizens simultaneously with the cadastral plan. By submitting an application to the MFC or directly to Rosreestr with a request to issue one, you will acquire this document, since since the entry into force of Law No. 218-FZ on January 1, 2017, the previously existing cadastral plan and cadastral passport are no longer drawn up separately. They were replaced by an extract from the Unified State Register of Real Estate.

You should think about the services of a cadastral engineer only if land surveying has not yet been carried out on your land plot. And only then you will receive a document of the appropriate sample. On the Rosreestr website you will find a list of those cadastral workers who are legally capable of creating technical documentation. And only after receiving the boundary plan, the owner of the land, together with a document containing the electronic signature of the cadastral engineer (in an XML flash card), must contact the MF Center in his region or Rosreestr in order to be sure to enter clarifying information on his plot of land and enter it into the register The cadastre plan has been laid out. A plan for a land plot is drawn up within 10 working days.

If land surveying is not completed

Fixing the boundaries of a site through a legal act is land surveying. With its help, it is possible to insure against conflicts with neighbors regarding the boundaries of plots. Such legal establishment of precise landmarks is mandatory for registering land ownership rights. The described land management procedures can be ordered from any company that has a license to carry out this type of work. And then, to draw up a boundary plan, specialists:

will collect geodetic indicators and analyze them;
will display your site on a map of the area;
will carry out the plan of your site;
will display on this plan all communications and other objects located on your site and next to it;
will carry out the preparation of the boundary plan according to the norms established by the Law.

After receiving all documents for land surveying, to complete the procedure, you should submit the received plan, documents evidencing your ownership, a copy of your Russian passport to the Cadastral Chamber and pay for registration.

Algorithm for registering ownership of a land plot

Register an application with the territorial authorities with a request to transfer the land plot into your ownership. An extract from the cadastral plan must be attached to it. The decision on your application must be made by the municipal authorities no longer than 2 weeks in advance. At the same time, taking into account all the nuances described in your application, the public administration has the right:

transfer the plot free of charge, issuing a written order to this effect in accordance with the Law;
offer the purchase of the land and provide the development with a sales contract for execution: it will be possible to register your right of ownership of the land plot only after making payment;
reject your request if it is impossible to exercise the said right, as stated in Article 28 of the Land Code.

Is it possible to obtain land ownership for free?

disabled people;
WWII participants;
orphans;
military personnel who have served more than 10 years;
for large families:
employees of internal affairs bodies whose experience exceeds 15 years;
young specialists involved in agriculture;
other categories related to the list of beneficiaries.

Those plots of land that are not developed must be paid for at the average market value.

Attention! If a private house is built on municipal land, then the owner of the property has preferences when legitimizing the land used as his property.

Payment of fees during the procedure for registering ownership of a land plot

When paying a fee to the state for the procedure for registering ownership of a land plot, the amount of payment will depend on the form of registration of land ownership. The most common categories are:

state duty for identifying a plot of land where it is planned to build housing or develop a garden or vegetable garden into private ownership (350 rubles);
state duty for part (share) of a plot for agricultural needs (100 rubles);
state fee for a private person registering a plot for a purpose other than the construction of housing, a garden, or a vegetable garden (2,000 rubles);
state duty for a legal entity registering land ownership (22,000 rubles).

Having checked the cadastral passport for compliance with reality, having received information about the land surveying of the site, taking into account the belonging of the land to a specific category and its location, do not forget that it is much easier to register the land through a transaction than to receive it as an alienation of a state or municipal fund. Weigh all the pros and cons when starting the procedure for registering a land plot as a property, consult with lawyers who are well versed in the legislation so that the time for obtaining title documents does not drag on for years.

Registration of ownership of a land plot occurs with certain difficulties arising from the initial legal conditions in which the potential owner of the land finds himself. The civil legal basis on which the land was purchased is of considerable importance for the subsequent procedure for legitimizing the status of property. Thus, registration of a land plot acquired for cash, inherited, or owned by the state or municipality begins with the preparation of the necessary documents, payment of the state duty and application to the state registration authorities. What is the sequence of registering ownership of a land plot and the procedure? Let's look at it in detail in this article.

How to apply

Today there are the following options for transferring land ownership:

privatization process;
receiving an inheritance;
under an agreement of exchange, gift, purchase and sale;
in the order of using the site under a rent agreement.

First of all, you need to decide on the registration method and start collecting a list of necessary documents.

The procedure for registering ownership of a land plot in 2017

So, the procedure for registering ownership of a land plot is conventionally divided into 2 stages. The first is the transfer of land from one owner to another. For example, concluding a land purchase and sale agreement. And the second is the state registration of the memory.

From 01/01/2017, a regulatory legal act came into force - Federal Law of 07/13/2016 Federal Law No. 218 “On State Registration of Real Estate” ( Further– Federal Law No. 218). It is characterized by the establishment of norms for state registration of ownership rights to the land of an individual, which was provided to him for the management of personal subsidiary, gardening and dacha farming, etc. The norms, which are reflected in Article 49 of Federal Law No. 218, regulate the procedure for state registration of rights to an allotment.

Who can apply

To go through the procedure for registering ownership of a land plot, you need to visit the state institution “Rosreestr”, with the required package of documents. After registering your agreement with the specified authority, you can consider yourself the legal owner of the land.

Step-by-step registration of land ownership: instructions 2017

Stages of registration of land ownership:

First, it is necessary to survey a piece of land. It confirms the accuracy of design for the subsequent construction of commercial or residential buildings. Contact a land surveying company for assistance. It may take about a month to carry out the work and prepare the papers.
Secondly, boundaries need to be defined and formalized. The document you received earlier, which confirms the execution of the survey, must be submitted to the architecture department. Over the course of 1.5 months, a resolution of the head of administration on the transfer of the land plot to private ownership is being prepared.
Then contact the Federal Agency for Cadastral Real Estate, where they will give you an extract for the allotment, on the basis of which land surveying will be carried out.
It is also necessary to establish the boundaries of the property and confirm them legally. You can contact the same land management company or survey agency. After a month and a half, you will be provided with an extract based on the results of the survey.
Next you will need to obtain a cadastral passport. So the next stage of registering a plot is to contact the cadastral registration authority for the territorial location of the property. Land surveying and preparation of the necessary technical documentation is carried out by a cadastral engineer.
After registration in the cadastral register, you need to go to the administration to obtain a resolution from the head of the local government on the alienation of municipal land. To do this, we prepare the following documents:

Application for transfer of ownership of the land plot;

Extract from the cadastral passport, as well as a photocopy of the cadastral plan;

A photocopy of the receipt confirming payment.

Next, apply for registration with Rosreestr at the location of the allotment. A citizen turns to the registrar with a set of documents to obtain an extract from the Unified State Register of Real Estate. An employee of Rosreestr will issue a receipt indicating that the documents have been accepted.
Receive an extract from the Unified State Register of Real Estate. Registration of state registration of land ownership takes up to ten working days. During this time, the registrar checks the received documents and makes requests to other government agencies if necessary. After which you will be given a completed extract from the Unified State Register. The applicant himself or a person who has a power of attorney can pick up this paper. Also, the original agreement is returned to the owner if he acquired the land through a transaction.

Starting from July 15, 2016, a certificate of state registration of ownership of a real estate property is no longer issued.

Registration documents for registration of land ownership

List of documents that will need to be presented to Rosreestr:

Application for registration of rights.
Passport of the citizen of the Russian Federation of the applicant. If a representative is doing this, you need a notarized power of attorney and a passport of this person.
Receipt for payment of the state duty for registration of land ownership (the original and one photocopy are required). Its size varies from 350 to 2 thousand rubles.
Extract from the cadastral plan.
Title documentation, on the basis of which you are the owner of the site (purchase and sale agreement, donation, exchange, etc.).

Also, the party alienating the land is required to provide papers: a passport, a document that confirms ownership of the plot (for example, a certificate of ownership).

Transferring land by inheritance has its own nuances. The owner applies to the Rosreestr body with an already notarized certificate that will confirm his right to the land. Or with a court ruling that has entered into force, if there was a dispute about the law.

Simplified procedure for registering land plots as property

30.06. In 2006, Federal Law No. 93 “On Amendments...” was issued - the Federal Law on the simplified registration of land ownership. They also gave a definition of land falling under the simplified scheme:

plots transferred for dacha and garden farming;
for the construction of personal residential buildings and garages;
for individual construction;
lands that are inherited for life;
transferred under the right of perpetual use.

If you are a member of dacha, gardening, vegetable gardening partnerships or cooperatives, until December 31, 2020, you are subject to a simplified procedure for registering plots on agricultural land.

There are some conditions to apply for a simplified lease:

The allotment must be transferred before the Land Code of the Russian Federation comes into force, that is, before 30.10. 2001.
The land must be permitted for use only for personal farming or individual housing construction.

In order to register land according to a simplified scheme, the following documents are required: on the allocation of a plot by local authorities for individual housing construction, certificates from business books on the allocation of an allotment for vegetable gardening and horticulture. A cadastral plan or cadastral passport is also required.

Provided that the land plot was received by the citizen on the basis of perpetual use or by way of lease, he needs to show the Federal Reserve employees, among other things, the administration’s decree, according to which the plot was transferred into ownership. Under the dacha amnesty scheme, you will be given a land ownership document.

Price

How much does it cost to register a plot of land? According to the Land Code of the Russian Federation, citizens of Russia have the opportunity and the right, guaranteed by law, to register a land plot for themselves free of charge. With subsequent registration of real estate, we are talking about a paid procedure.

Free registration only means that there is no charge for some services provided. They do not include mandatory payments provided for by the legislation on fees and taxes.

The cost of services offered by lawyers will vary between 10 – 15 thousand rubles. The price will depend on the region where the plot is located and the organization you contact.

In conclusion, I would like to give some useful recommendations for real estate acquisition transactions:

Be sure to ask the seller for confirmation that there is no encumbrance imposed on the object of the transaction;
if the plot is pledged, in order to alienate it you need to obtain the approval of the pledge holder (since the transaction may be declared invalid).

In addition, you can request the above information yourself from the unified register of rights.

You can avoid the difficulties of the procedure if you seek help from the specialists of the Pravoved.RU portal.