In 2015, the legislation of the Russian Federation in the field of land underwent many changes. Simplified the procedure for allocation and redemption of land by the state. But not many people know how to buy land from the state and correctly register it. This material discusses in more detail the procedure for registration and redemption of land.
Unfortunately, free land from the state today is a myth. Land legislation is being actively reformed; a draft law on free allotment of land is currently under consideration. Perhaps, mandatory allocation of land for large families will be introduced into the legislation, but all this in the future. While the bill is under discussion.
But how to get land from the state in this case? In practice, a land plot can be bought, rented or redeemed, including from the state. You can buy land for 2% of its cadastral value, but only with the agreement of the administration of the city or region and under certain circumstances. Under what circumstances and how to acquire land from the state is described below.
General concepts
Land is called the earth's surface, which has fixed and measurable boundaries. All land plots located on the territory of the Russian Federation are subject to mandatory registration. Each of them is recorded in the state real estate cadastre with the entry of its parameters, such as cadastral value, area, purpose, etc.
Plots are divided into several types according to their purpose. At the same time, the legislation of the Russian Federation provides for the possibility of re-registering the purpose of the site, but its use for other purposes is prohibited.
Each piece of land has its own unique account number. It is called the cadastral. Registration of ownership increases the chances of the owner that his land will not be withdrawn for state needs.
What land cannot be registered
The legislation of the Russian Federation provides for the division of land for designated purposes. So, it is possible to allocate the lands of settlements, water and forest resources, agricultural, industrial and other purposes.
There are sites withdrawn from circulation, i.e. not subject to sale. These include protected areas, cemeteries, parks, lands with strategic objects located on them. These land plots are not for sale.
Grounds for registration of land ownership
The procedure and grounds for the acquisition and registration of a land plot in the property are regulated by the Land Code, the Civil Code of the Russian Federation and other regulatory legal acts. They established the following grounds for registration of ownership of land:
- purchase;
- inheritance;
- giving;
- privatization
- court decision or order.
The design procedure depends on the basis. A land plot may be registered in sole, shared and joint ownership. Sole ownership implies the presence of one owner of the land.
Share ownership involves the presence of several landowners. Moreover, each of them can dispose of the share at its discretion. Joint ownership implies the presence of several owners of the land, but without the allocation of separate shares.
That is, each of the owners has the right to dispose of the plot at its discretion, but at the same time, the community of property is preserved. If there are several owners claiming a piece of land, then everyone needs to register it as a property.
Required documents
For registration of land ownership you need the following documents:
- papers establishing the right to real estate;
- cadastral plan;
- receipt of payment of state duty;
- statement;
- passport or other identification document.
By title means the following papers:
- land allocation order;
- certificate of ownership or right of inheritance;
- decision on the provision of land;
- court decision;
- contract of gift or sale.
Cadastral passport to the land
The cadastral passport contains all the technical characteristics of the land, such as: area, cadastral value, description of the borders, purpose and others. This passport confirms the boundaries of the site. It is made out when registering land and assigning a cadastral number to the site. A cadastral passport is required for any transaction with real estate. In this case, the owner must conduct a survey of the site. If he refuses this, a corresponding entry is made in the passport.
In this case, when submitting documents for registration of property rights, a refusal may occur. The fact is that, according to the legislation of the Russian Federation, only a measurable property can be sold. The cadastral passport does not expire, but the data in it may be outdated. That is, this document is considered valid as long as the land data indicated in it are relevant.
Cadastral value of land
The cadastral value of land reflects the amount of state valuation of the site. It depends on many factors: territorial location, purpose, area of the site. The property tax for individuals and legal entities is accrued and paid from this land value.
You can find out the cadastral price of land by contacting the cadastral chamber. In this case, you need to know the individual number of the desired site. Often there is such a situation that the cadastral value of the site may exceed the market. In this case, the assessment can be challenged.
Land surveying
Land surveying is carried out in the preparation of documents for the sale of land, as well as in the event of disputes. In this case, the sale of land means any transactions with the plot requiring registration with state authorities (including donation).
Most often, the land surveying procedure is performed for new land plots, including when registering and entering into the cadastre. Surveying is also carried out in the case of dividing one site into two or more smaller areas. The same is true for merging plots. When changing the boundaries of the site, the process of surveying must be carried out without fail.
Land surveying is a set of works, including the establishment, measurement, and, if necessary, restoration of the boundaries of the land. This procedure is also used to increment the earth. In this case, the legalization of the already used area of the plot is meant. It is made in case of agreement of all neighbors and in practice does not exceed 6 hundred parts.
You can order a land surveying procedure at a specialized geodetic company.
Topographic survey
Topographic survey of the land may be necessary when surveying, as well as the further development of the site, including for communications. This procedure involves a set of work on the preparation of a site plan with the inclusion of the following data: structures, buildings, structures, fences and roads, communications, vegetation, etc.
Topographic survey of the site is also necessary in the event of a dispute regarding the site, including for land surveying. If land was allocated several years ago, then the data in the cadastral plan may not be relevant. Wherein land boundaries can be described vaguely, for example, "twelve kilometers from the village of Olgino to the west." In such situations, it is necessary to conduct not only a survey, but also a topographic survey confirming the use of the territory.
Government: where to apply for clearance
Registration of ownership is made out at the Federal Registration Service for the location of the land. If the purchase of land from the state is made out, then you must first obtain the appropriate permission from the administration of the city or region. In addition, you will need many more other documents.
If land is leased from the state, then all registration is limited to concluding an agreement with the administration of a district or city when allocating a plot. How to get land for rent from the state is described below.
For carrying out the procedure for surveying a land plot or topographic survey, you need to contact specialized geodetic companies. They may have their own deadlines for the implementation of the necessary procedures. In addition, the paperwork may be delayed if it is not possible to contact the neighbors to obtain agreement with the results of land surveying.
The cost of registration of the land
If all the necessary documents for registration of ownership are ready, then when submitting documents for registration it is necessary to pay the state fee. The amount of the state fee for an individual is up to 1000 rubles, for an organization - up to 15000 rubles.
Terms of registration of the land
If the documents for the design of the site are ready for submission to the state registration of ownership, the procedure for their consideration will last no more than seven business days. The deadlines for completing the accompanying documents can be much longer. For example, when entering into an inheritance, you will have to wait at least 6 months. Therefore, the answer to the question of how to buy land from the state directly depends on the legal grounds, relying on which you want to register the land. The main ones were listed above.
How to buy land from the state? The general scheme of actions will look as follows:
- Obtaining permission from the city or district administration.
- Preparation of documents for land (including the act of land surveying).
- Submission of documents for registration of ownership in the cadastral chamber.
Land registration with buildings
The land plots on which the buildings are located, incl. residential buildings are subject to legalization in a simplified manner. How to buy land from a state with a legalized house located on it?
To do this, you must contact the administration (city or district at the location of the land) with a request for permission to buy a plot under the house. In case of obtaining consent, the administration issues a resolution or permit with which it is possible to redeem land for 2% of its cadastral value. With a resolution or permission, you must contact the cadastral chamber to register the right of ownership.
The sale of land by the state in a simplified manner is carried out in the presence of legalized buildings on the site. If the house is not legalized, then you need to draw up documents first on it. If the land was allocated earlier and there are at least some documents on it, then registration in a simplified order is possible. Most often, this situation occurs when accepting an inheritance.
Land lease
Land is leased from the state only with the consent of the administration of the district or city in which the plot is located.To obtain land for rent, you must contact the appropriate administration with the cadastral number of the plot.
If the administration agrees to the lease of land, it is necessary to conclude an appropriate agreement. Documents for land in this case will be as follows: cadastral passport, lease agreement and order or decree on the allocation of land.
