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Published: December 28, 2016
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Information that free plots would be provided in Crimea instantly spread throughout the peninsula and Russia.
How to obtain land in Crimea and what are the requirements for applicants?
- Legislation
- Who is eligible to receive?
- What categories of lands can be obtained for free? Requirements for sites
- Receipt procedure Preparation of documents
- Preparing an application
- Submission of documents
- Waiting for a decision
- Placing the applicant in a queue
Legislation
In 2015, changes came into force in the Land Code, which define the mechanism for free acquisition of plots. Direct legal acts regulating the rules for obtaining land in the regions are developed at the municipal level.
The Land Code states that the right to free plots in the Russian Federation belongs to large families, certain categories of workers and citizens who use the plot for its intended purpose (for private household plots) for at least 5 years.
It is worth noting that even before the amendments to the Land Code, a huge queue of beneficiaries had already formed who would like to receive a plot for free. But the new amendments did not help reduce it.
In Crimea, legislation providing for the distribution of municipal land to residents was developed in 2015. Since March 2021, Crimeans can electronically queue for plots in accordance with the current law “On the provision of land from state and municipal property.”
It spells out 7 preferential categories that have the right to apply for the allocation of free plots to them. The law sees its main goal as the development of agriculture in the region.
Is it necessary to re-register real estate under Russian law?
According to the Law of the Republic of Crimea “On the Peculiarities of Regulation of Property and Land Relations,” the re-registration of real estate under Russian legislation must be completed before January 1, 2017.
Therefore, people who do not intend to sell their home on the peninsula have more than a year to re-register documents and put them in order. And Crimeans planning to re-register their housing under Russian law in the near future will undoubtedly be interested in the features of this procedure. Let's look at them in more detail.
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Who is eligible to receive?
Not every citizen of Russia and resident of the peninsula can count on being allocated a plot of land in Crimea by the state. Regional legislation provides a detailed list of categories entitled to such rights.
These are, first of all, workers in certain priority specialties.
The plots allocated to them as a service plot can be transferred into ownership only after five years of their intended use. These specialists include:
- cultural workers: musicians, singers, choristers, conductors and composers, directors, television workers, circus performers, actors, lighting designers, restorers, artists, designers, writers, librarians, jewelers, architects, etc.;
- healthcare specialists from private practice and government institutions: therapists, dentists, pediatricians, gynecologists, phthisiatricians, nurses, obstetricians and other specialties;
- employees of general education, including kindergarten specialists and school psychologists, teachers of mathematics, art, Russian and literature, history, biology, geography, etc.;
- agricultural workers: agronomists, dog handlers, fishermen, livestock specialists, beekeepers, veterinarians, gardeners, farmers, etc.
In total, the list consists of 40 different specialties.
Also, the following categories of citizens can apply for a free plot:
- disabled people;
- combatants;
- Chernobyl victims;
- citizens living in houses recognized as unsafe or on an area of less than 10 sq.m.;
- large families (with more than 3 children);
- persons recognized as victims of political repression (we are talking about citizens who suffered from the deportation of 1944 and their children).
Other categories of Crimeans have the right to receive plots only for a fee based on the results of auctions.
It is important to take into account that the right to a free allotment arises only for those citizens who, at the time of filing the application, have already lived in Crimea for more than 5 years. It often happens that citizens actually live on the territory of Crimea, although they are registered in another place. Then you will need to prove your right to the land in court.
Moreover, land can only be obtained within the settlement in which the Russian is registered. For example, a resident of Simferopol can only receive land in Simferopol; only Yalta residents can also apply for land in Yalta, etc.
Land recipients must be adult citizens of the Russian Federation.
Even if the family lives in a dormitory, but on an area of more than 10 sq.m. per person, she cannot be recognized as needy.
Citizens who own another plot for individual housing construction cannot count on receiving a plot of land (also, such a plot should not belong to their spouses and children). At the same time, they have the right to receive a plot for personal subsidiary plots (personal subsidiary plots), gardening or vegetable gardening.
What categories of lands can be obtained for free? Requirements for sites
Plots of land that are issued to Crimeans must be used for one of the specified purposes.
Unauthorized use of the allocated plot is strictly prohibited.
For what purposes are the Crimean authorities ready to allocate land to citizens? This:
- Citizens who are recognized as needing to improve their living conditions, those living in dilapidated buildings and large families have the right to receive a plot for individual housing construction. On such land, a residential building must be built within a specified time frame.
- Land for the development of dacha farming and gardening.
- Land for the development of horticulture. Here it is necessary to plant a garden and take care of it with personal or hired forces.
- Plot for private plots. It is distinguished by the possibility of trading horticultural crops grown on its territory. Land for private plots is usually provided in small settlements (villages, towns). They can be used for any type of farming: gardening, growing a garden, and raising fish or animals.
The size of the free state plot on the peninsula depends on the area in which the applicant lives.
If the plot is located on the territory of the city, then the municipal authorities can allocate a plot of 0.05 to 0.08 hectares. Whereas residents of agricultural areas have the right to count on a larger plot of land: from 0.08 to 0.25 hectares.
Municipalities do not impose any requirements on lands other than their intended use. The fact is that citizens receive land randomly at an auction and cannot independently select the area to allocate a plot to them.
You shouldn’t expect that you can take land right on the Black Sea coast and build a house there. Firstly, the land for individual housing construction must be at least 200 meters away from the sea. Secondly, all the good plots on the coast have long been dismantled and purchased.
A deed of gift for a house and land between close relatives can be issued without notarization. Do you need to conclude a land lease agreement for 11 months? A sample and description of important nuances is here. The most important features of leasing land plots are described in our article.
Receipt procedure
Service plots that are allocated for young professionals are provided to them by the employer. To do this, they fill out an application at their place of work. Depending on the location of the land, the plots go to the employer himself: the Council of Ministers of Crimea or a municipal entity.
Preparation of documents
If a citizen is included in the list of beneficiaries who are entitled to land, then he first needs to collect documents confirming his rights to transfer the plot for free use.
Among the requested documents:
- a photocopy of all pages of the Russian passport (or a replacement document);
- a document confirming permanent residence in the territory of Crimea (district, city) for 5 years before submitting the application (this can be a court decision, a certificate from the Federal Migration Service, a house register, a passport of a citizen of Ukraine, etc.);
- work book indicating the applicant’s work in one of the specified priority categories;
- birth certificate of all children (for large families);
- a receipt from the spouse and children under 23 years of age who are studying full-time at the university, stating that they do not have real estate;
- an extract from the house register (or a court decision confirming the residence of the specified number of people in the living space);
- documents on family composition, marriage certificate, birth certificates of all children.
Preparing an application
The attached application for the allocation of a plot indicates the applicant’s passport details, his postal address and telephone number; the category of beneficiaries to which he belongs; confirmation of compliance with the conditions for obtaining a plot: permanent residence in Crimea, absence of another plot for individual housing construction, absence of a residential building and alienated property; list of attached documents.
Submission of documents
The collected certificates and documents are transferred to any MFC, local government authorities authorized for land issues at the applicant’s place of residence, or electronically through the automated system “Earth 2.0”.
Based on the documentation received, the citizen is given a receipt for receipt of documents and acceptance of the case for consideration.
Waiting for a decision
The applicant is entered into a special book and within 45 days the documentation is reviewed by the local administration.
Placing the applicant in a queue
If the verification of the submitted information is successful, the applicant is placed in a queue to receive land. The number in the queue depends on the date of submission of the application.
You can find out about its progress online.
According to the current regulations, the entire procedure for allocating a plot cannot exceed 3 months (although in practice these deadlines are often not observed).
Risks of Crimean real estate
After the referendum on Crimea joining Russia, the demand for real estate on the peninsula increased significantly, and housing prices have increased by 10% since the beginning of the year. But not everything is so rosy. For people who own or are planning to purchase real estate, there are a number of risks associated with confusion in the legislation.
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Double registry
According to the law of the Republic of Crimea “On the peculiarities of regulation of property and land relations on the territory of the Republic of Crimea,” re-registration of rights to real estate obtained before the adoption of this regulatory act is carried out on the basis of Ukrainian title documents.
But it will not be possible to verify the authenticity of documents using the Ukrainian State Register. Since Ukraine blocked access to it after a referendum on joining Russia was held on the peninsula.
This opens up unlimited scope for fraud, because forging title documents and registering ownership of empty real estate is not so difficult. Dozens of similar cases have already been registered.
Selling a home to multiple buyers
According to Crimean laws, from March 18, 2014 to January 1, 2015, a transition period will operate on the peninsula, during which Ukrainian legislation will also apply along with Russian legislation. Therefore, real estate sellers are tempted to sell their property twice - according to Russian and Ukrainian legislation, because in fact this is not prohibited (there is no such prohibition in the Ukrainian law on the legal regime in temporarily occupied territories).
Similar cases have already been recorded in Crimea. In order not to fall for scammers, the buyer needs to check the real estate he is interested in using two registers at once - Ukrainian and Russian. It will not be possible to check the Ukrainian registry on the territory of Crimea; you will have to travel to the regions of Ukraine bordering Crimea.
False powers of attorney
Some residents of Crimea, who retained Ukrainian citizenship and moved to its territory after the change of status of the peninsula, are now trying to sell their real estate. Fraudsters who know this can forge a power of attorney and appear to buyers as representatives of homeowners. After receiving the deposit, the fake sellers will disappear without a trace.
Therefore, real estate buyers should be very careful about people selling housing by power of attorney and not transfer the deposit without checking the legal validity of the power of attorney in the Ukrainian registry.
