A private house is the dream of many. However, the structure should stand on something. Those people who decide to obtain the right of private ownership of housing, try to implement such a procedure, how is land privatization under a private house. But you need to figure out whether to do this, and how it all happens.
What is a process?
So, the privatization of the land under a private house is a special procedure for obtaining it in private ownership. Specialized municipal bodies are engaged in this. Naturally, in order to start a business, all the required documents should be collected. Like every similar procedure, privatization has certain features and nuances. Before you start, you should "shoe" yourself legally.
It must be said right away that the process itself is not simple and has a lot of difficulties. In theory, the privatization of the land under a private house is free. However, during the collection of documents for any inquiries you still have to pay. The second method also involves the expenditure of considerable funds, but it allows you to go through all instances quickly and easily. Let's consider all in more detail.
Privatization Benefits
Now you need to understand why, after all, people dare to do so. That is, you consider the advantages of this procedure:
- You will be sure that no one else can use the land on which your house stands.
- With this site, you have the right to do whatever you want: to give, sell, lease.
This is where all the virtues end.
Disadvantages of the procedure
Our legislation is not perfect. Naturally, the privatization of the land under a private house is fraught with some difficulties and has certain disadvantages:
- You will have to collect documents for a long time. Some of them should be paid, so your expenses can be substantial.
- There are cases when actions to acquire land in private ownership are contrary to applicable law. So you may simply not be allowed to produce them.
- The Land Code provides for the payment of tax on a privatized land.
These are the main disadvantages that you may have to face. However, you can subsequently sell your plot along with the construction - get the money and get rid of the problem.
Where should I go to complete the procedure?
First of all, try to contact a notary and a lawyer. These specialists will explain in detail all the nuances of privatization. In addition, they can carry out the entire procedure without you, of course, at an additional cost. However, they have more knowledge and opportunities, so this step will help you protect yourself from fraud.
Next, you should write a statement to the municipal authorities. This will require a package of some documents, which you will learn about later. In the process, you will encounter such organizations:
- A geodetic organization that measures the site.
- Local land committee. He issues a document on the value of land.
- Tax inspection.
- Bureau of Technical Inventory.
- Federal Registration Service.
If you have collected the entire package of papers, and also there are no facts that are contrary to the law, then within two weeks the municipal authorities will make a positive decision, and you can get a certificate of ownership.
What documents need to be collected?
The Land Code allows each law-abiding citizen to buy a plot from the state. To do this, you should collect such a package of papers:
- Documents that clearly confirm that you have the right to use your land: lease, development plan, decision of the municipal authorities on the allocation of land. Please note that the absence of this paper will result in going to court. And his decision is difficult to predict.
- Cadastral plan of the site. That is, your land must be measured. Its borders should not contradict the owners of other territories. Contact your survey organization to help you make a plan. Naturally, her services are not cheap.
- Before privatizing the land, take a certificate of how much your land is worth (normatively).
- You will also need a document on the area of land and the amount of tax on it. To do this, contact the Federal Tax Service.
- The registration certificate for the house, which stands on the land presented. It is issued in the BTI.
- An application in which all passport details of the owner are indicated.
- Notarized copies of personal documents of a person who wants to become an owner.
These documents are required for land privatization. So try to collect them.
Privatization Options
Many are interested to know in what ways the process itself is performed. So, the land law provides for two ways to obtain a plot: paid and free. Naturally, each of them has its own characteristics. For example, free of charge is carried out administratively. This method is suitable for those people who have legal evidence of long-term ownership of the site or the presence on it of the house in which the owner lived. If all the documents are in order, then such privatization can be carried out in a simplified manner.
Paid option involves the purchase of land. Moreover, it does not have a market value, but a cadastral value. The Land Law provides for the creation of a special expert commission, which determines the price. However, you can redeem a plot only if it is in cadastral registration. If he is not registered in the property, then you will also have to go through this stage.
The final option is to privatize the land under the house in court.
Features of the procedure
So, the acquisition of land in the property is carried out in several stages:
- First you need to collect all the necessary documents. You have already seen their list. Naturally, municipal authorities may require additional papers. This will have to be clarified locally.
- Present the collected package of documents together with the application to the body that is engaged in privatization: to the administration of the municipality, the territorial office of the Federal Property Management Agency. The organization must make its decision no more than within a month. Moreover, it must be sent to the person who filed the application.
- If necessary, you will have to put your land in cadastral registration. To do this, a special commission must measure it. Naturally, this procedure is paid, but you can not do without it.
- Obtaining a decision on the free provision of land ownership. This decision is made by the local government.
- Registration of ownership. In this case, you will also have to submit a certificate of payment of state tax.
As for the question of how much land privatization costs, its price may range from 8,000 rubles.
Features of the design of the cadastral plan
Without this document, you cannot receive a certificate of ownership. That is, your site must have limits, and you should conduct its surveying. Even if its actual borders do not coincide with the cadastral ones, then local authorities still cannot refuse to privatize you.Naturally, exceeding the limit should not go beyond the allowed norms established by the law on land privatization.
Therefore, in spite of the cost of services for arranging the plots, try to carry out a land survey anyway. This will help you avoid many problems and delays.
Who is eligible for free privatization?
There are categories of citizens to whom the state guarantees the right to obtain private ownership of the land for free. These include:
- Military personnel.
- Children who have lost parental care, or orphans.
- Veterans.
- Heroes of the Russian Federation.
- Large families.
So, before you privatize the land, find out if you belong to these categories.
In what cases is the procedure impossible?
Sometimes local authorities may refuse to receive a certificate of ownership. There is a list of lands that cannot be privatized, no matter what. It:
- State reserves. They are state owned and untouchable. The fact is that the privatization of land gives the right to its division and sale. And this cannot be done with nature reserves.
- Objects of the FSB and state security. These areas employ people whose activities may be classified. Therefore, you cannot reside in or dispose of it.
- Lands under correctional facilities.
- Sites reserved for military and civilian cemeteries. In this case, no doubt should arise. Probably, not every person will want to use the land in which the bones of dead people lie for years. Privatization of such land is considered not only prohibited, but also violates the moral principles of society.
- Forest zones, parks, rivers, sea coast, reservoirs. These are territories that everyone can use. Public lands must not be touched, since no one took away the right of citizens to use the riches of nature free of charge.
What problems may arise in the process?
If you have a private home, land privatization is a matter of time. But you should not think that everything is so easy. The procedure can cause you a lot of trouble and problems. First of all, you should pay attention to the current legislation, where all the nuances of this case are not well written. The mechanism for registration of ownership of the site is quite confusing.
You will also have to collect a large number of documents, the receipt of which may take time. In addition, not all inquiries can be obtained quite easily. Sometimes problems arise with this too. In addition, some documents have a statute of limitations, that is, they can become unusable very quickly, and they will have to be reissued.
Naturally, an important disadvantage is that at some stages you will have to pay money. Not everyone can afford to carry out such a procedure precisely for this reason.
It should be borne in mind that most people know very little about privatization and its mechanisms. Such ignorance can stretch the process for a very long time. Not always citizens can understand all the subtleties of land legislation. Therefore, they often need the help of experienced lawyers. And this is also associated with financial expenses.
However, if you want to be calm for your land and not be afraid of any fraudulent actions by third parties, then privatization is still worth it. So read the information presented to you and go for it.
