Suppose you require a plot of land - for various reasons. For example, you conceived the construction of a residential building. You do not have your own territory for this. One thing remains - to rent. That is, to rent the land. And immediately - a lot of questions. Land for rent how to take it right? Is land lease possible in principle for an ordinary citizen? Who should I contact for this? If you need to take land for a long time, how to rent a land in this case? There are a lot of questions, and everything should be dealt with in detail.
The easiest and most reliable way is to contact the local authorities for this purpose. Want to know how to get land from the state? This article will help you. We will try to analyze in detail the algorithm of the upcoming actions and identify all the nuances.
Our rights
According to the norms of Russian law, citizens can use the right to lease land. The plot can be used both for housing and agricultural or other needs - it all depends on the tenant’s intentions, as well as the category assigned to this particular “piece” of land.
Everyone, including a foreign citizen, has the right to submit an application for the right to temporarily dispose of land. A landlord can be both the state and a private individual. Most often we are talking about renting a plot of several hundred square meters or even hectares from the owner - a municipal or federal authority.
And although renting is the most common type of land-related relationship throughout the world, this question is not entirely simple and requires knowledge of certain subtleties. Let us dwell on them in more detail.
How to rent land from the administration: a step-by-step algorithm
What is required first of all from a future tenant? That's right - to find a good site. That is suitable in all respects and located exactly where you need it.
Municipal property land is leased to legal entities and ordinary citizens for a fee. Theoretically, the administrative authority cannot refuse anyone. The only exception is the case when land rental from the city administration is impossible for objective reasons. For example, the selected site is withdrawn from circulation or reserved for state (city) needs.
If you are the owner of the property (it doesn’t matter whether you are an individual or legal entity), then the right of priority in renting the land on which it is located is assigned to you.
How to choose a site?
The question "how to rent land from the city administration" has several solutions. You can apply to the state authority in charge of the municipal land. For example, in the capital, these are district councils. Employees will help the future tenant to choose the suitable option from the available available land.
Another situation: you come to open bidding, that is, you become a participant in an auction held regularly in your locality. At these auctions put up for rent free plots, without encumbrance, already registered with the cadastre.
In addition, you can search for a suitable site yourself. To do this, arm yourself with a map of the area with a scale of 1: 500, made in print format. Or you can resort to the cadastral map available on the Rosreestr’s website for public access.
Internet to the rescue!
Those who decide to use such an online service should include the display of cadastral divisions in the "Map Management". The scheme will contain all the territories registered. You, as a future tenant, will have to choose among empty places, that is, those who do not have a square with a cadastral number.
After choosing a suitable site, draw boundary lines on the map, indicating its boundaries. This will allow more or less accurate calculation of the area. Then you can go with a statement to the local administration.
Among other things, it is possible to rent from the organization or the private person who is the owner. Offer options can be found in large real estate catalogs along with sample prices.
Find out if our site is free
Before renting land from the city administration, collect the necessary information. Having chosen the site yourself, do not forget to find out whether it is really empty. Why do we submit an application to the authorized body indicating the location and size of the selected territory. It is advisable to attach a text with a delineated square to the text.
According to your statement, the officials will have to find out the exact status of the desired site, that is, to name the land owners and possible tenants. If none are available, you may be granted the right to use it.
Remember that when disposing of land, you must strictly adhere to the rules of land use in accordance with the master plan. The prospective tenant is required to provide complete information about the territorial zoning, the intended purpose of the area and the existing regulations.
If there are no other applicants for this site, you can proceed to the next step - checking the special facilities available on it. For example, it could be a gas pipeline that could interfere with future housing construction. Such verification is also carried out at your request.
Land acquisition: clarifying moments
The question of the future use of the site is crucial - the order of further actions depends on it. If it is planned to lease land for construction, the location of the future construction can be as agreed, or not.
In the first case, having found the land with the help of the executive body or independently, the tenant must write a statement, carry out a cadastral assessment of his future plot and enter it in the Register. Then he will receive a decision on the lease of the territory and sign an agreement. If for any reason he receives a refusal, he has every right to appeal to a court.
Alternative option
In the second case (without approval) the site will be put up for auction. And the potential tenant will receive it only when he offers the largest amount or turns out to be the only bidder for this lot.
If construction is not supposed (the territory is required for other needs), the scheme of action is usually the same as in the first case: the lease of land from the city administration, or rather the procedure itself, begins with a statement on the provision of a plot indicating the location, size and intended use. The costs of cadastral registration will be borne entirely by the lessee.
The next action is registration
If you exclude the case of bidding, the future tenant himself is engaged in the process of surveying his plot and registering with cadastral records. As a result of these actions, conditionally orphaned land receives clearly defined boundaries and officially calculated area.
In order for the selected territory to be included in the Rosreestr base, the tenant should submit an application for land surveying to the land committee of the corresponding region. On the agreed day, you should wait for the arrival of the cadastral engineer, whose task is to measure the territory and topographic survey, as well as draw up all the necessary documents.
With them, the tenant will have to visit the Federal Office responsible for land accounting, cadastre and cartography - there the site will be included in a single database. Then, a copy of the cadastral plan with an extract from the cadastral passport of the territory should be handed over.
If bidding is due
In large cities, renting land from the city administration is not an easy task. Since there are many applicants, and there are much fewer free territories. And bidding at auctions is practically the only way to get a piece of land in the suburbs.
Most often, plots have already been formed, have cadastral numbers and specifically delineated borders - this is done by the municipal authorities. Applicants for the rental will have to submit applications for participation in the auction. Most often, tendering for a specific territory (more precisely, for the right to use it) is initiated by the tenant himself. But there are regularly held auctions where everyone can fight for empty objects.
If during the bidding process the right to build is redeemed, this plot is leased until the completion of construction work. After that, the tenant is given the right to redeem it at a preferential price (2.5% of the amount comprising the cadastral value). Thus, renting land from the city administration is an event incomparably more profitable than a private person.
After the announcement of the bid, applications are accepted within a month. If a single applicant is discovered, he will be given the indicated land for lease by direct agreement.
Documents for bidding
In addition to the application, you will need a passport and information on business status, according to the state registry. In addition, you need to prepare and evidence that the deposit has been made, and the bank account number for its return.
All documents are allowed to be submitted five days before the auction - not earlier.
It is most reliable to transfer money for a deposit to a special account in advance so that bank delay does not disrupt the auction. If there is no deposit on the last day of the acceptance of documents, the bidder will be suspended.
Conclusion of a lease
After successfully winning tenders and following all the formalities, a decision on the provision of the plot is signed. Then a lease is concluded. Its mandatory attributes are an indication of the boundaries of the plot and cadastral data. Without them, such an agreement is easily annulled by the court.
This document is compiled by the local administration. If valid for more than a year, it requires registration. This is done within a month in the Fed - the Federal Registration Service (its territorial body).
Such registration facilitates the further registration of the land as a property, that is, the purchase of land from the city administration. In order to obtain the rights of the owner, the lessee will only have to take the relevant resolution (on land transfer) with the executive body.
About rental terms
Leasing a plot of land is a serious step, and drawing up an appropriate contract is a very important procedure, the future of the territory depends on the correctness of which. We are talking about a long term, calculated in years and decades. Therefore, if there is the slightest ambiguity or doubt, it is better to seek the advice of professionals - lawyers or realtors.
The lease term for the plots is limited. If the land is leased from a private individual or organization, then they set the terms on their own. But the state or municipality receives land for use no more than 49 years.
The rent for land received from the state corresponds to the land tax rate. If the site that you borrowed for temporary use belongs to a third party, then the fee is still considered his duty.
Afterwards municipal authority may rent land from a private individual in case of need for any surveys (for example, mining). But the lease term cannot exceed 1 year.
