The right to lease is only an agreement that has a validity period. Sooner or later, the moment will come when the allotment will have to be returned to the state. To avoid this, you need to know in advance how the redemption of land is made.
Renew property lease
If the land is leased to a citizen for the construction of a house or other facility, then it can be redeemed only after the construction of the building, receipt of commissioning and a certificate of ownership on it.
The redemption of land on which the facilities are located is carried out without bidding. The price is calculated based on the value of the cadastral value.
Buyback IZHS
In this case, it is understood that the citizen has an agreement on the lease of land with the authority. In accordance with the agreement, land is leased for the period of construction of a residential building.
The redemption of a land plot from rental to ownership is carried out according to the following algorithm:
- Registration of a lease in Rosreestr.
- Obtaining permission to build a house.
- Design and construction of the facility.
- Getting commissioned.
- Registration of ownership of a residential building.
- Redemption of the land.
In each region of Russia, a regulation has been developed that regulates the procedure and cost of buying out a plot under a house. The calculation is based on the cadastral value of land. This may be the full amount or a percentage of it.
Redemption of land under a commercial property
The procedure for the purchase of a land plot in ownership is no different from that described above. It does not matter how much time has passed since the conclusion of the contract. This means that the tenant has the right to apply for a ransom immediately after registration of the rights to the building.
Suppose a contract is concluded for ten years, but the tenant managed to build a building and legitimize his rights to it for a year. There are no obstacles for applying to the government for the purchase of land.
The lease agreement will be deemed terminated from the date of registration of the right to the building.
Recalculation of rental payments
If a person applied for the purchase of land a year after the conclusion of the lease, and paid the lease in two years, the unused amount will be returned to his bank account.
Some tenants who have several lease agreements in a given municipality may write a request to set off an overpayment to meet their obligations under another lease agreement. This is not against the law, but can only be done at the request of the tenant.
In the event that at the time of the repurchase the lease debts remained, the authority will require payment of the debt before signing the repurchase agreement.
If the site has an unfinished object
It should be remembered that, by law, the right to redeem a land plot belongs only to those who own the property built on such a land plot. If there is no object on the ground, and only the foundation is built, it will not work to buy land from the state.
There is a widespread belief that it is possible to legalize an unfinished object, and then obtain land rights. However, in the past few years, law enforcement practice suggests that a completed facility should be built on the site. That is, even if you order a certificate of readiness from the construction in progress from the BTI, the authority will not agree to transfer the land ownership to the lessee. For this, the object must be complete, it must be received input and registered ownership.
Is it possible to immediately obtain land ownership
Redemption of land without registration of rental rights is possible in several cases.
All of them are described in detail in article 39.5 of the RF Labor Code. In short, it should be said that large families have this right. Land is transferred into common ownership to all members of such a family.
Redemption of land by peasant farming
The redemption of land by peasant farming is possible three years after the conclusion of the lease agreement. This provision is regulated by Article 10 of the Law "On the Circulation of Agricultural Land".
The condition that creates the possibility of redemption is the use of land for its intended purpose. The redemption value should be established in a regulatory act of regional importance. This may be the market price determined by the appraiser at the date of circulation, or the cadastral value.
In the case of consideration of the redemption of agricultural land from lease, it must be borne in mind that the deadline for submitting an application is of great importance. It must be filed before the lease expiration date. This issue should be studied in advance, as some authorities have regulatory documents that require that you apply for an extension of the lease or redemption of land one month before the expiration of the current lease.
The redemption of agricultural land from private owners
Some people prefer to buy land from private individuals. In the case of agricultural land, the rule applies: first, the owner must offer the purchase of the land to the authority of the constituent entity of the Russian Federation, and in case of refusal to the municipality on whose territory the land is located.
The proposal indicates the characteristics of the site and its sale price. Authorities can accept the offer or refuse. They are not entitled to offer the land owner a different price. If within 30 days there is no answer to the proposal, the owner of the plot can sell the land to a private person.
That is, after two private traders agreed on a deal, they will have to wait at least two months, which will be required to comply with legal formalities. If during this time the buyer refused the transaction, then within one year the owner can exercise the right to sell the land to another person. If the parties decided to conclude a deal at a price lower than that indicated in the notice of sale, then all notifications should be sent again.