Preliminary approval was carried out for the first time back in 1968. The need was due to the fact that construction companies built houses on land, and then state or municipal authorities did not transfer them to ownership. The event was initiated through a statement. The article provides material on how to make a statement on the preliminary approval of the provision of land. So let's get started.
The concept
Preliminary approval is used to obtain state land, the borders of which are not marked or there are real estate on it, which must be issued accordingly. The stage of preparatory approval is carried out before submitting documents for consideration to the state authority. The preliminary agreement is filled in personally by the authorized body, electronically on the official website of the Federal Property Management Agency or the local administration (if the land belongs to the municipality and it has its own virtual resource).
A document is necessary if the transferred section does not have clear boundaries or the corresponding structures are erected on it. This situation is not uncommon. An application for preliminary approval of a land plot is filled out in relation to allotments with borders that not only have a certain status, but are located in a specific place, which is confirmed by cadastral data.
Any piece of land owned has a unique registration number, which is recorded in the State Property Committee (or the State Real Estate Cadastre). Thus, the application is a request from a citizen for the allotment of the site.
Content
Information about him is given in Art. 39.15 of the Land Code of the Russian Federation. According to its provisions, the following information is included in the content of the application for preliminary approval of the provision of a land plot:
- Contact and passport data of an individual or a list of attached constituent documents of the organization.
- Taxpayer Identification Number.
- Indication of technical documents for real estate.
- Details of the documents used in the process of surveying.
- Cadastral number, and if the allocation is carried out in respect of several plots, then the cadastral number of each of them.
- The reason for the transfer of the site without bidding. These grounds are provided for in articles 39.2 p. 2, 39.6 p. 2, 39.5 and 39.10 p. 2 of the Land Code.
- Type of ownership. There are different types of rights, and the applicant must determine which one he wishes to exercise. This receipt of the allotment of property free of charge or for a fee, for use indefinitely, rent, use free of charge.
- Applicant's address as well as email.
- If the allotment is provided instead of what was previously lost, then this paragraph should also be included in the structure of the application for preliminary approval of the provision of the land plot, indicating the details of the relevant decision on the seizure.
- Purpose of use. In this case, it is necessary to specifically describe the tasks that the applicant plans to solve after receiving this site. As such, it can be the construction of a summer house, capital construction, farming and so on. This information is necessary in order to find land of a suitable category.For example, for construction purposes, infertile land can be used, while for agriculture only land of the corresponding purpose is provided.
- The decision to seize. There are cases when a plot of land is seized to solve problems of a state or municipal scale. Then the statement must reflect this information.
Documents are submitted by the applicant or his official representative.
Sample
Below is a sample application for preliminary approval of the provision of land. He will help in the preparation of the document.
The established application form is not provided by law. The main thing is to indicate all the necessary information, using the originals of the relevant documents.
Attached documents
An application for preliminary approval of a land plot is submitted together with a package of documents, which include the following:
- List of members for a nonprofit organization (e.g. SNT), stamped.
- Official papers establishing land title.
- Allocation plot (if this information is not contained in the technical documentation).
- Translation of an identity document (if the person is a resident of another country).
- Design documentation.
- A power of attorney certified by a notary, if the representative of the applicant deals with these issues.
- For an individual, the consent of the spouse, certified by a notary, or a document confirming the divorce (if the person was previously married).
Review Period
Before considering a specific application for preliminary approval of a land plot, the authorized body collects all applications from applicants for real estate.
First they are checked for compliance with the law. This is done within 10 days. If there are violations, the application is returned indicating the reasons that need to be corrected. After this stage, they are considered in the order of admission to the authorized body. The decision is made no later than one month after the receipt of documents.
If, during the consideration of one application, another application arrives from another person, the process is suspended for a detailed examination of samples of the application for preliminary approval of the provision of land.
Other actions
After this stage, local authorities choose a suitable allotment. At the same time, the purposes of its use are checked, as well as the compliance with urban planning and environmental requirements.
If we are talking about a specific site that the applicant indicated, or an allotment approved by the authorities, then residents of the relevant territory are notified of future changes. Owners are given the opportunity to participate in the redemption of land in cases where this allotment somehow affects their interests.
The act on the selection of the allotment consists of two parts: textual and graphic. The first contains information about land owners in the future, use, explains the reasons why this plot was chosen. The second part is represented by a graphic diagram, address, coordinates and location in relation to communication networks.
The document is sent for approval to authorized authorities. Another copy is issued to the applicant within a week.
Renouncement
In accordance with the current land legislation, the state agency involved in the sale of the relevant real estate considers applications for preliminary approval of the land. If the following reasons exist, the applicant may be refused:
- If the technical documents contain violations, and the boundaries of the plot cover the land of the adjacent allotment.
- The statement does not indicate how the plot will be used or information on the category of land is not available.
- The territory is included in the land of SNT (or other similar organization).
- There is a building on the site that is not properly registered as private property or belongs to the municipality.
- This plot is part of the allotment, which was transferred for integrated development (construction).
- Land area is larger than the maximum size stipulated by regional or municipal legislative acts.
After the decision is made, the authorized body will send the applicant a notification by mail or in electronic form.
Decision
This document should contain the following information:
- The basis for the transfer of the allotment in accordance with legal acts.
- Name of individual or name of organization with which to alienate.
- The location of the facility.
- Allotment category.
- Area and territory boundaries.
- The data and signature of the employee of the Federal Property Management Agency who drew up the document.
The decision is valid for two years. This time is provided for the conclusion of the contract and the registration of real estate properly.
If during the procedure for acquiring land the purpose of its use changes from what was originally stated, then the decision may be amended. According to them, the conditions for using the allotment will correspond to new tasks.
Example
Citizen Ivanov L.D. decided to make the summer cottage property. To do this, he turned to the local authorities, filling out the established application form for preliminary approval of the provision of the land, and attaching the necessary documents to it. The Charter of SNT suggested the possibility of allocating a plot of land that belong to members of the organization.
Municipality employees ordered the applicant to carry out the procedure for measuring the area of the site. To do this, they entered into a preliminary agreement. After the work and the delivery of the necessary documentation a month passed, during which the documents were considered. As a result, it was decided to coordinate the provision of the site, and a contract of sale was concluded.
Conclusion
To carry out the approval procedure, the interested person should submit the necessary documents to the local administration. The application form for preliminary approval of the provision of land can be completed on the spot or submitted electronically on the official website of the state structure (or municipality). This document is not difficult to fill out. However, it must contain all the necessary items. The decision is made within a month after the submission of documents, of which the applicant is specially notified.