How to privatize land under a privatized house

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Privatization Law

Every citizen of the Russian Federation is given the right to receive ownership of a plot of land free of charge from the state or municipality. A citizen can use this right only once in his life.

Attention! To do this, a citizen must carry out the privatization procedure in relation to the land plot. After the privatization procedure is completed, the citizen will become the full owner of the land plot.

The procedure for the privatization of land owned by the state or municipalities is determined by the Land Code of the Russian Federation.

Based on the norms of the current legislation of the Russian Federation, the right to free privatization of a land plot can be used by:

citizens who received a land plot for free use on the basis of a previously concluded agreement for a period of six years, five of which have already passed;
citizens who received a plot of land for free use for personal farming or individual housing construction on the basis of a previously concluded agreement for a period of six years, five of which have already passed;
families recognized in accordance with the current legislation of the Russian Federation as large families;
owners of real estate objects, the ownership of which was acquired as a result of purchase and sale, donation, inheritance, and so on until October 25, 2001;
citizens who entered into a land lease agreement before October 25, 2001;
citizens who have received a land plot for indefinite use or have registered the right of lifelong inheritable ownership of a land plot, provided that a residential property owned by the citizen has been built on the land plot.

Until December 31, 2020, it is possible to obtain free ownership of land plots used for dacha or garden farming.

As noted above, every citizen of the Russian Federation has the right, once in his life, to carry out the procedure for free privatization of a land plot that is in state or municipal ownership. In all other cases, the citizen will have to purchase the land plot at its cadastral value.

How to draw up a statement of claim to the court on land issues?

How to legalize self-construction on a plot of land, read here.

How to change the purpose of a land plot, read the link:

Do you need permission to build a house on your own plot in 2021?

Construction of a house in SNT is usually carried out using simpler technologies. According to the law, a garden house is understood as a premises suitable for seasonal use and intended strictly to satisfy domestic needs associated with a temporary stay in it.

We recommend reading: Federal Law 66 in the new edition 2021 new edition

It should also be taken into account that until March 1, 2021, a dacha amnesty is in force, which provides for the registration of dacha housing without the additional provision of a commissioning certificate. Taking into account the fact that the building permit has been cancelled, until March 1 of next year it will be possible to register residential buildings on plots with the appropriate purpose, even without providing notifications.

What is land privatization

Privatization of land plots in the Russian Federation has been carried out for more than 25 years. But despite this, cases when real estate objects located on a land plot are registered as the property of a citizen, but the land plot itself is not registered, occur quite often.

Many citizens who have previously privatized residential real estate (especially houses) have a question: “Is it necessary to privatize the land plot on which the already privatized house is located?”

The answer to this question is obvious – of course it is necessary! Only after the privatization of the land plot will the citizen have ownership of the land, which will protect him from many unpleasant surprises.

It is customary to distinguish the following types of privatization:

free privatization;
privatization carried out administratively is free;
paid privatization;
privatization carried out in pursuance of a court decision.

You can carry out free privatization in the following cases:

on the privatized land plot there is a residential property owned by a citizen;
the land plot is rented by a citizen for personal farming;
the land plot was transferred to the citizen for indefinite use;
on a land plot in perpetual use there is a residential property owned by a citizen.

Attention! It should be noted that the phrase “free privatization” does not mean that the citizen carrying out such a procedure will not have to pay.

Before proceeding with the registration of free privatization, a citizen will have to carry out a number of procedures, for example: carry out land surveying work, order a cadastral passport for the land plot.

These procedures are carried out only on a paid basis. Thus, the costs that a citizen will incur in the process of registering free privatization of a land plot depend on many factors, in particular on the area of the land plot, the complexity of the terrain on which the plot is located.

The following are not subject to free privatization:

land plots reserved for the needs of the state or municipality;
plots located on lands of forest or water funds;
land plots that are public areas (for example: parks, roads, etc.);
land plots adjacent to transport hubs;
land plots located in areas contaminated as a result of various accidents and disasters.

The procedure for privatization of land under a private house after March 1, 2020

provided for state and municipal needs;
adjacent to transport hubs and roads;
contaminated as a result of man-made or environmental disasters;
public areas (parks, natural reserve areas, street spaces);
forest and water zones.

Citizens must use land legally; this requires the availability of properly executed documents allowing them to own land. If such papers are available, privatization is carried out free of charge without any reservations in a simplified manner.
In the absence of documents for land or the presence of incorrectly executed papers, free privatization is carried out administratively.
The basis for free privatization is the attitude of citizens to a certain category - Heroes of Russia and the USSR, veterans, military personnel, orphans and some other persons.
You can privatize the land of a dacha plot for free under a scheme called “dacha amnesty.”

08 Feb 2021 juristsib 1404
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Why do you need to register land as a property?

Some citizens who have privatized a residential building have questions about whether it is necessary to privatize the land plot on which the house is built, and why is this necessary?

There are a number of weighty arguments in favor of the fact that the land plot on which a residential property owned by a citizen is located should also be privatized.

Let's look at the most significant ones:

a citizen who owns a plot of land has the right to erect various buildings and structures;
a plot of land owned by a citizen by right of ownership will not be able to be seized by third-party organizations and developed.

Privatization of land under the house

Privatization of a house plot means the transfer of ownership of land from the state owner to the owner of the house. The presence of a residential building in the property is the basis for the preemptive right to privatize the land under it by the owner of the house.

Privatization can be paid or free. You can privatize the land under your house for free in the following cases:

If the land was provided by the administration as a free lease for the construction of a house;
If there is a right to indefinite use of land;
If the land plot is in lifelong inheritable possession;
If the actual use of the allotment takes place for more than 15 years.

Local authorities can provide land for construction free of charge to certain categories of the population determined by local legislation (large families, low-income people, disabled people, etc.). After completing the construction of a house and registering ownership of it, you can privatize the land under the house for free.

In other cases, plots under a house can be privatized by purchasing them from the state owner for a fixed share of their cadastral value.

What conditions for land privatization must be observed?

Currently, there are categories of land whose plots are not subject to privatization:

strategic lands, including land plots on which military units are located;
lands included in the Forest Fund of the Russian Federation, including lands of nature reserves and national parks;
lands directly adjacent to nuclear energy facilities;
lands contaminated as a result of accidents and disasters;
lands related to the cultural heritage of the Russian Federation;
lands put into reserve to meet state (federal or regional) or municipal needs.

In addition, there are a number of exceptions that allow a citizen to be denied the right to privatize a land plot without apparent reason.

If a citizen comes to the conclusion that the refusal to privatize a land plot was unlawful, it is necessary to apply to the courts to protect legal rights and interests.

Attention! Privatization can only be carried out in relation to those land plots on which privately owned residential real estate is built, provided that the land plot is classified as public land.

In all other cases, it is almost impossible to obtain ownership of a land plot free of charge.

Advantages and disadvantages of registering ownership of a plot

The presence of a residential property on a land plot that is privately owned by a citizen provides significant advantages when registering the privatization of a land plot.

But is there a need to formalize the privatization of a land plot if a residential property located on the plot is already owned by a citizen?

The answer depends on many factors, including whether the citizen plans to sell or exchange real estate in the foreseeable future.

Legal restrictions

As mentioned above, every citizen of the Russian Federation has the right to receive ownership of a land plot free of charge. A citizen can use this right once in his life.

But before starting the process of privatization of a land plot, you should familiarize yourself in more detail with a number of norms enshrined in the Land Code of the Russian Federation. These rules clearly define areas of land that cannot be transferred to private ownership.

Land plots in respect of which it will be impossible to formalize private property rights include:

lands of nature reserves of various levels, nature reserves and national parks;
lands on which real estate objects belonging to the Ministry of Defense and other law enforcement agencies are built;
lands on which military court buildings are erected;
lands used to ensure the security of the Russian Federation;
lands on which radioactive waste repositories are located;
lands on which communication lines and other communications necessary to ensure state security are located.

In addition, it will not be possible to privatize land plots belonging to the lands of the Forest Fund, to lands of cultural significance, on the lands of the border strip. It will also not be possible to register ownership of the land plot on which the water body is located.

How to register land as a property if it is rented

Remember! If a citizen has built a residential property on a leased land plot, this does not mean that the land plot can be disposed of at the discretion of the house owner.

The land plot is owned by the citizen on the basis of a lease agreement, and he has no rights to dispose of the land plot, since the land plot is the property of another person.

If the leased land plot is in state or municipal ownership, it must be purchased or privatized.

Only in this case will a citizen who has received ownership of a land plot be able to freely dispose of the land plot.

How to register ownership of a house built on your own land

Acquiring ownership of a residential building, which is erected on a plot of land, is carried out in several stages:

obtaining a conclusion from the technical inventory bureau with the preparation of a technical passport for a residential building. A cadastral plan is not required in this situation; it is required only if the building is built on a plot that belongs to a dacha or gardening cooperative. Please note that the intended purpose of a plot of land is important. For example, for a dacha or gardening, private housing construction in small settlements;
registration of a declaration that mentions all buildings and structures located on the land plot. When filling it out, it is imperative to indicate not only the structures and buildings themselves, but also their location, characteristics and purpose. This is a prerequisite for obtaining a mortgage loan. Moreover, if there is unregistered real estate on the land plot, this will be an obstacle to obtaining a mortgage. Please note that this procedure can only be applied to country houses;
if the construction of the house took place before 2015 according to an individually drawn up project with landscaping, then a permit for the construction of a residential building and an act putting it into operation will be required. These documents will confirm that the house is ready to move in, and all utility networks are connected to it;
when the owner has all the documents in hand: a certificate of ownership of the land plot, documentary evidence of the existence of a constructed residential building with its technical characteristics - you can contact the Rosreestr branch to start the procedure for registering a residential building using a simplified system;
wait for the appointed day and appear at Rosreestr to receive a package of documents certified by the civil service, an extract from the Unified State Register of Real Estate and an extract about the inclusion of this object in the cadastral database of real estate.

Important! Only upon completion of the fifth stage of registration can the owner carry out any legal actions with the residential building located on the land plot.

Please note that now the immovable object is one whole with the plot of land on which it is located, therefore their alienation will occur as one object.

Features of privatization of a plot of land into private ownership

After transferring the package to the body carrying out privatization, the citizen is left with a receipt in his hands, which lists in detail all the materials transferred to the body carrying out privatization.

Attention! The receipt indicates that the application and all attached materials have been accepted for consideration. Thirty calendar days are allotted for consideration of the application on its merits.

If in order to carry out the procedure for privatization of a land plot it is necessary to register the land plot with cadastral registration, the citizen carries out the procedure for cadastral registration at his own expense.

To do this, you will need to carry out a land surveying procedure. After this, you should contact the territorial body of the Federal Service for State Registration, Cadastre and Cartography to register the land plot with cadastral registration.

The basis for the procedure for privatization of a land plot is a decision made by a municipal or state authority to allow a citizen to register a plot of land as private property free of charge.

A citizen's ownership of a land plot is subject to state registration with the territorial body of the Federal Service for State Registration, Cadastre and Cartography at the location of the land plot.

To carry out the procedure for state registration of ownership of a land plot, a citizen will need to provide:

an application with a request to carry out the procedure for state registration of ownership of a land plot;
decision of a municipal or state authority to privatize a land plot;
citizen's identity document;
financial documentation confirming the fact that the citizen has paid the state fee.

The procedure for registering property rights is carried out within ten days from the date of submission of documentation.

After the land plot becomes the property of a citizen and the ownership goes through the state registration procedure, the citizen will be responsible for paying land tax.

The amount of land tax differs in different regions. On average, the size is 0.3% of the cadastral value of the land plot.

The land at the dacha has been privatized but the house is not owned, what should I do?

You should be aware of this very important point that in certain cases, when your residential building is located on a land plot that has not been registered as ownership, if the land is legally owned by the municipality, then registering ownership will not be much easier and faster. time. This is due to the fact that the legal owners of a residential building have a completely legal right to register the land plot under the house in the first place. As a rule, such actions do not take much time and the owner of a residential building can simply register the plot of land under the house as his property.

The owner of a certain plot of land has a completely legal opportunity, at his personal discretion, to develop his own plot with a variety of objects without prior permission.

At the same time, various investors will not

It is not necessary to register your dacha as your property, but privatization will give you obvious advantages

And then the owner of the privatized plot will need to apply to the branch of the State Autonomous Institution JSC “Multifunctional Center” in the city of Koryazhma (Gogol Street, 22) to receive a certificate of registration of property rights. To formalize such a transfer, you will need an application from the heir, documents confirming the death of the testator, and a certificate from office No. 205 of the city administration stating that the plot has not been privatized.

You can purchase a non-privatized summer cottage plot in another way. I'll explain how. The one who gives away the land and the one who acquires it must come to the board of SNT together.

Owning a house: how to register land ownership

Let's figure out how to register the land under the house as property if the house is owned.

List of documents:

Receipt for payment of state duty (original and duplicate required);
A document that can confirm identity. If actions are carried out through an intermediary, he must have a power of attorney, which is notarized, and a passport;
The original document on the basis of which the exchange, sale or purchase was made (agreement);
An extract should be made from the cadastral plan;
Consent of the parties to carry out the transaction. Must be notarized;
A list of documents from the party who alienates the land, namely an identification document and a document confirming the right to own the land.
Application of an approved sample;

Please note that the amount of state duty that must be paid depends on the further use of the site.

What to do if you own the land but not the house?

Therefore, registering ownership of a house is the most important matter. The easiest way is to register a house built on a summer cottage.

In this case, it is possible to use a simplified procedure within the framework of the legislation on dacha amnesty.

The procedure for registering ownership of private housing construction located on a site for individual housing construction is more difficult.

Registration actions are carried out by Rosreestr specialists on the basis of the provided package of documents, which includes:

Cadastral passport;
Statement;
Commissioning certificate.

In a situation where the house is put into operation before 2021, when submitting documents to Rosreestr, you may not submit the above-mentioned act.

Is it necessary to privatize the house separately from the garden plot?

But then taxes..., yes., that is, that is

February 24, 2021 at 11:27 am Thanks for your reply.

That is, in the purchase and sale agreement you can indicate that you are selling a plot of land with a country house located on it, the right to which is not registered.

0 February 24, 2021, 11:54 Thank you very much. 0 February 24, 2019, 12:38 We bought a plot of land with a garden house in the fall. There was also a question about whether the house needs to be decorated.

I don’t want to privatize my summer cottage

Usually, to do this, you should buy a plot for building a summer house. Info Then you need to take possession and manage the property.

It contains:

boundaries;
object description;
cadastral numbers of adjacent plots.

How to privatize a dacha in order to complete everything?

A citizen who wants to buy land from the state goes through several stages of waiting:

1 month for the development and approval of a cadastral passport by relevant organizations;
14 days for the executive branch to make a decision on the transfer of land into ownership;

The land is registered but the house is not there, what to do?

3. Execute a power of attorney The parties must appear before a notary so that he can issue a power of attorney for the buyer.

Caution Decide who will bear these costs.

4. Conclude a preliminary purchase and sale agreement. If the transaction is concluded between relatives, then it is possible to conclude a gift agreement.

5. Complete cadastral documents If some documentation is missing, then it is worth completing it. In some cases, it will be necessary to spend funds on cadastral work and land surveying.

Residents of St. Petersburg should contact the Office of the Federal Service for State Registration, Cadastre and Cartography: Contact details of the Office of the Federal Service for State Registration, Cadastre and Cartography for St. Petersburg Address: 191124, St. Petersburg, st. An application must be submitted in the prescribed form. Various documents that can confirm your identity.

Registration of a country house in SNT, if the land is owned

At the moment, it is possible to register ownership of a dacha using a simplified procedure until March 2021. And in 2021, additional changes came into force, which primarily concern the documents required for registration. Citizens who: can take advantage of the “dacha amnesty”:

are owners of land plots;
have title documents, but without registration of ownership.
use land on the basis of the right of perpetual use;

Phys.

Individuals are often faced with the problem of lack of title papers, which prevents them from registering a plot of land in their name.

This situation arises especially often when the land was provided to a citizen in the 90s. Many difficulties are associated with re-registration. But if the document was received after 1998, then it is still valid today.

For example, such a title document could be an extract from the BTI.

Privatization of a country house and garden house

Also outside the legal framework there will be dacha partnerships and partnerships. The law will come into force in 2021 and all communities of citizens formed to solve various problems will be called either a gardening or vegetable gardening partnership.

How to register land privatization correctly

The procedure for privatizing a land plot can be carried out in one of the following ways:

in a simplified manner, it is possible to carry out the procedure for privatization of land plots intended for running a personal dacha, garden or vegetable garden. The basis will be the law on dacha amnesty. Other types of land plots are privatized on the basis of regulations of state or municipal authorities;
by a court decision that has entered into legal force and is binding;
to purchase a land plot at a price established by a state or municipal authority, if the transfer of a land plot to a citizen into private ownership free of charge is impossible;
obtaining the right to own a land plot free of charge, formalized in the form of a regulatory legal act of a state or municipal authority.

Remember! The procedure for privatizing a land plot consists of the following stages:

carrying out site survey work performed by a specialized geodetic company. Work is carried out to determine the exact size of the land plot, the location of the erected buildings, and so on;
a citizen’s appeal to a state or municipal authority to coordinate the boundaries of a land plot and obtain the right to privatization;
obtaining an extract from the Unified State Register of Real Estate for the privatized land plot, and, if necessary, carrying out the procedure for land surveying;
registration of a cadastral passport of a land plot;
transfer of all collected materials to the territorial body of the Federal Service for State Registration, Cadastre and Cartography for registration of ownership.

Important! If a residential property located on a land plot is owned by two citizens, then citizens can apply to state or municipal authorities with prepared documentation packages, both jointly and individually.

Each citizen will receive ownership of a share of the land. The share in the land plot will be proportional to the share in the residential property, which is owned by the citizen.

In order for the procedure for registering ownership of a land plot to take place, each owner of a share in a residential property must provide written consent to register the land plot as shared ownership.

If one of the citizens refuses to register ownership of the land plot, then the procedure for privatization of the land plot will have to be carried out through the court.

When registering ownership of a land plot, it is necessary to comply with the requirements established in the Town Planning Code of the Russian Federation.

If the boundaries of the land plot are determined, it is necessary to hold a general meeting of share owners. Based on the results of the meeting, it is necessary to draw up a protocol for the approval of the territory. The protocol is sealed with the handwritten signature of each owner.

What to do if the land is owned but the house is not

Creation of technical documents with a call of a specialist to the site of construction of a house to take measurements and determine the characteristics of the structure will take from one to three days. When paying for technical service services for expedited passport processing, an increased cost is assumed. To carry out work at a normal pace, that is, over several weeks, payment is made at the general rate, which reduces costs by almost half in comparison with expedited processing. Also, the cost depends on the region of location of the house with a plot of land and on average ranges from four hundred rubles for the provision of services within the usual time frame, as well as one thousand two hundred or more rubles for expedited work;
The creation of a cadastral plan is carried out during the same time period as the receipt of technical documents. When drawing up this document within the normal mode (from one to three days), the cost will be from four hundred rubles, depending on the subject and the region of location of the real estate, but with the accelerated mode, the cost will be one thousand five hundred rubles or more. The distance of the building and site from the city limits is also important. If it is located at a distance of fifty kilometers or more, an additional payment for delivery or ensuring the arrival of an employee of the district Inventory Department is required;
Registration of property when transferring a full package of documents at Rosreestr offices will take about ten days; when submitting documents through Multifunctional Centers or through the State Services website, it will take a little longer - fifteen to twenty days. The result of state registration is an extract provided to you from the Unified State Register of Real Estate about the status of the immovable property and the existing restrictions and encumbrances regarding the residential building.

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What documents will be needed

A citizen who wishes to register ownership of a land plot acquired as a result of any transaction will need to contact the territorial body of the Federal Service for State Registration, Cadastre and Cartography.

In this case, you will need to provide a package of documentation compiled in accordance with the requirements of the current legislation of the Russian Federation.

Let's take a closer look at how to carry out the procedure for registering ownership of a land plot, provided that the residential property built on the site is owned.

Documents required for the procedure:

an application drawn up in accordance with the established template;
citizen's identity document;
financial documentation confirming the fact that the citizen has paid the state fee;
extract from the cadastral plan;
title documentation;
consent of all parties to carry out the transaction.

Remember! The amount of the state duty depends on the further purpose of the land plot.