How to privatize the land correctly?

Due to the fact that land privatization is still unlimited and continues to operate, the question of how to privatize the land has still not lost its relevance. In addition, many Russian citizens not only did not formalize their land allotments in accordance with the legislation of the Russian Federation, but also did not particularly represent the procedure for carrying out this procedure.

The main objectives of privatization

Privatization is essentially the same as transferring land into ownership, under one condition: we are talking only about municipal plots, which are mainly attributed to local governments. The main objective of this procedure is to document the ownership of a specific individual (or several) at a site that he has been using for a long time and has owned buildings on it.

This approach not only allows you to fix the allotment of land for a particular owner, which is good for the citizen. This is convenient for the state, as it allows you to keep accurate records of all privately owned lands, as well as receive additional income in the form of real estate tax.

What lands are subject to privatization?

Before considering how to privatize a land plot, it is worth mentioning that you will not be allowed to register the lands within the scope of state security and interests, as well as environmental and other zones. If the land you are interested in does not fall into these categories, privatization is quite possible. Moreover, the priority in registration is given to those owners who not only use the site for a long time, but also have buildings and houses in it that are in documented ownership:

• land under a private, country or apartment building;
• the area around the house;
• land under auxiliary buildings such as a garage, a barn, a bathhouse and other buildings.

It should be borne in mind that the absence of any buildings on the ground is not a reason for refusing to privatize, so undeveloped plots can also be made into ownership.

The privatization of these plots can take place according to two schemes: for free and for money, so we will consider how to privatize the land in both options.

Free privatization

The privilege allowing free privatization is provided to each citizen of the Russian Federation once. In a situation where another plot is being drawn up, for example, when participating in collective privatization, land is acquired on compensatory terms. The ownership of municipal allotments is allowed to the following land users:

• First of all, it is possible to privatize the plots previously (until 2001) provided on a rental basis for the construction of individual houses.
• You can also register summer cottages located on the territory of horticultural communities. In this case, in most cases, registration is much faster, since it is possible to privatize a summer cottage by a simplified scheme for submitting documents, the so-called country amnesty.
• If the property is located on the site and acquired before 2001 by any of the legal means, this land is also subject to privatization.
• This also applies to unauthorized areas where buildings built before 1990 are present.
• You can also purchase a plot under an apartment building in the joint ownership of all residents in the building.
• Land held for life with the right of inheritance or perpetual use can also be privatized by the owner.

There is one more nuance in how to privatize a land plot for free not only to private individuals, but also to organizations. This procedure is allowed, for example, to religious communities, provided that the land will not be used for commercial purposes.

The basic procedure for privatization

With self-registration of the site as a property, be prepared that the procedure will require a lot of time, and coordination in each instance takes from two weeks to a month. At least that’s what is spelled out in the legislation governing privatization. In fact, the terms can be much longer, and if the necessary documents are not properly drawn up, registration can take months, if not years.

Depending on the purpose of the land, the documents required for privatization may be different, however, the procedure for going through the procedure is approximately the same:

• First of all, the required package of documents is collected, which is subsequently submitted to the local administration for consideration.
• In the case of a positive decision, the pre-established boundaries of the land plot are coordinated with local authorities.
• With the help of a geodetic company, a land survey is carried out, the borders are set in kind and a cadastral passport of the site is drawn up.
• The last step is the conclusion of an agreement and an act on the transfer of land into property on a reimbursable or free basis.

Below we will consider what documents and certificates will be required for the registration of land for various purposes and how to privatize the land under private and multi-storey buildings.

I must say that for any registration of real estate in the property, the main document is the cadastral passport of the object, regardless of whether you get it for free or for free.

Land under a high-rise building

If the residents of the apartment building made a decision to privatize the land under the building, you will first need to select the chairman of the HOA, who will deal with the entire procedure for registration, as well as solving possible issues later.

The procedure itself is perhaps the simplest of all possible registration options. It is necessary to submit an application to local self-government bodies, undergo an examination of the BTI, which will indicate the boundaries of the land plot falling under privatization, and wait for the cadastral passport to be issued.

Is it worth privatizing land under an apartment building?

After carrying out these procedures, all tenants become joint owners of the land under the apartment building, which entails not only a number of advantages, but also certain responsibilities. On the one hand, now you are insured against demolition of the building, as well as various activities that could cause damage to the territory adjacent to the house, without your consent and appropriate compensation. You are also free to dispose of, enclose and equip the house plot at your discretion, agreeing on changes at the general meeting of residents.

On the other hand, you will have to pay taxes on land annually, as well as more carefully monitor the order and cleanliness on your territory, as non-compliance with these rules is punishable by penalties. The execution of various documents is subsequently seriously complicated, since now many legal procedures with real estate will require the consent of the other owners.

There are a number of restrictions imposed on transactions with similar real estate, since it is impossible to sell a privatized land plot under a house due to shared ownership.

Privatization of land under privately owned house

Basically, their own houses in the suburbs were built on municipal land leased from the state, so the question of how to privatize the leased land is extremely relevant for rural areas.

To privatize the land on which a private or country house is built, it is necessary to collect all the documents confirming your right to build, and attach to the application:

• Personal passport of the future owner of the land.
• A foundation agreement, such as the purchase, inheritance or donation of buildings. And it’s better if this is evidence of ownership of the building.
• Technical passport for each building located on the privatized land.
• Extract from the Unified State Register.
• It is also necessary to provide a contract land lease.
• Land plot plan.

The land user orders the last document from the survey company at his own expense. Subsequently, on the basis of the survey plan, a cadastral passport of the site is drawn up, which will be the main document for the privatization procedure.

Private privatization

In other cases, the possibility of paid privatization is provided, that is, with the redemption of the land. This category mainly includes land occupied by owners after 2001.

Permission to purchase such land plots is usually issued by the local administration, taking into account the category of land and its intended purpose. How much does it cost to privatize the land? The buyback price is calculated at the time the citizen draws up the application for the transfer of land to the property based on the estimated value of the plot and the amount land tax. Therefore, in addition to the main documents, you will need to submit a number of additional:

• Information on the normative and estimated value of the land received in the land committee and BTI, respectively.
• Certificate from the tax office on the amount of land tax.
• Technical passports for all buildings located on the site.

Legislative changes

Even if you entrust the holding of all the necessary activities of a specialized company, it is still worth knowing how to privatize the land.

If the registration procedure is carried out according to all the rules, subsequently, problems with the ownership of the land and, if necessary, its sale should not arise. At the same time, some nuances that may appear not only in the process of registration, but also after privatization should be taken into account.

Almost every year, various amendments are made to the laws governing the registration of land, and ignorance of such changes can lead to errors in the registration of property. Therefore, all privatization measures should be carried out in compliance with all requirements of current legislation, which will exclude inaccuracies in paperwork, and, therefore, possible problems in the future.

Possible problems in the implementation of land privatization

The first problem can arise when surveying, when neighboring sections often overlap each other. Therefore, it is better to carry out land surveying in the presence of owners of neighboring sites with which the coordination of borders is carried out. Subsequently, this will protect you from claims from other owners.

It is also possible that a privatized land is in use by several owners, and this can be clarified at any time. In this case, the land will be left to the party whose documents are drawn up more correctly, which is undesirable for the second side, since it is possible to privatize the land plot only once.