Organization registration of land plots in ownership. Registration of land ownership - step by step instructions

In order to avoid all sorts of controversial situations regarding the ownership rights of citizens to any property, the government of the Russian Federation maintains legal registers. This method is most relevant and convenient for real estate. It is important to understand that legal registers contain all the information about which citizen and from what moment owns this or that real estate.

Any resident of Russia who has received ownership of a land plot is obliged to carry out a mandatory process of re-registration of ownership rights with the registration of some title documents. This event is mandatory, because the presence, for example, of an agreement or a certificate of inheritance does not give the owner the right to fully own his real estate.

In today's material, our resource will provide an exhaustive material about the registration process land plots ownership on the territory of Russia.

The main regulations, defining the principles and procedure for registering land ownership. Photo # 1

Most of the legislative issues in the process of registering the right to own a land plot are resolved through an appeal to the Land Code (LC) of the Russian Federation. Depending on the specific situation, any of the articles of the code may be suitable for consideration, so it is worth understanding that it is important to resolve situations when re-registering land with a professional lawyer.

The RF LC fully regulates all the legislative nuances of registering ownership of land.

Having decided to register on their own, any citizen should familiarize himself with some of the articles of the code in mandatory... The first of these is article 15 of the RF LC, which clearly shows who and under what circumstances can act as the owner. land plot... In a few words, its provisions are as follows:

• Part 1. Any citizen of the Russian Federation or a legal entity has the right to private property in the form of a land plot in the event that from their side the land was acquired on the basis.
• Part 2. All land plots on the territory of Russia can be acquired and act as the property of individuals and legal entities, with the exception of those that cannot be used in this capacity in accordance with other legislative acts.
• Part 3. Foreigners are limited in the rights to own some land plots as an owner. You can learn more about these by reading other provisions of the Land Code and a number of Federal laws.

Land that is not registered as ownership, or to which there are no other property rights, belongs to the state and cannot be used by legal entities and individuals for personal purposes. Photo # 2

No less important for familiarization is also Article 25 of the RF LC, which regulates the basis of rights to land. In particular, it indicates the need to refer to the Code and Federal laws when registering property.

The most important of the Federal ones is the law "On state registration of real estate" (Federal Law of July 3, 2016 number 361-FZ). The second paragraph of Article 25 states that the registration of the right must be carried out on the basis of the provisions of the same Federal Law.

It is also worth noting that in accordance with Article 26, it is necessary to refer to the Federal Law under the numbers 48-ФЗ, 122-ФЗ, 137-ФЗ and 361-ФЗ when determining which title documents are required for land.

Administrative responsibility for the use of a land plot without registration of rights to it and registration of title documents is specified in article 7.1 of the Code of Administrative Offenses of the Russian Federation. You can learn more about the rest of the issues related to the implementation of land and obtaining ownership of it by referring to chapters 3 and 4 of the RF LC.

General essence and principles of registration of land plots

To register ownership of land, it is necessary to confirm the right of the potential owner to use this land. Photo # 3

The need to register a land plot in ownership is that after the implementation of the event, the owner's rights to own this or that real estate will be entered in the All-Russian legal register.

Without such information in the register, the actual owner of any land acquired by him under a sale and purchase agreement, the validity of a certificate of inheritance and other documents is not entitled to carry out most types of transactions with his property (sale, lease, etc.).

Registration of a land plot in ownership is possible in the event that a citizen received it in possession in one of the following cases:

• purchase and sale transaction;
• lease transaction with the overriding right to purchase land and extend the transaction from the lessee;
• inheritance of property;
• obtaining a land plot for perpetual ownership;
• obtaining land from state or municipal property;
• consolidation of several land plots.

The above indicates only the main situations in which citizens of our country most often register ownership of a land plot. In addition to them, the legislation of the Russian Federation allows this procedure to be carried out in cases where the property was acquired by a person legally and can be formalized as private property according to the RF LC.

Registration of ownership of a land plot in Russia is also carried out on individuals(ordinary citizens), and legal entities (companies, organizations, firms, etc.). Depending on the individual nature of the event being held, the list of documents required for submission to government agencies and the process itself may differ, which should be taken into account.

Documents for obtaining title papers are submitted to the local authorities of Rosreestr or Multifunctional Centers, however, in addition to these organizations, you may need to contact the Department of Residential Premises and housing stock(JPiZhF), Cadastral Chambers, and other government agencies.

List of documents for registration of real estate in ownership

What documents must be provided to the competent authorities for the implementation of the operation of registration of real estate in the form of a land plot. Photo No. 4

As noted earlier, the list of documents for registration of it in individual ownership largely depends on the method of obtaining a land plot in possession.

Let it be insignificant, but the general preparation of all papers is different, which is important to consider at this stage of registration of your rights to land.

Below are the main documents for registering a land plot in ownership, which are necessary in any case:

• an identity document of the applicant for registration of land ownership (passport, power of attorney, etc.);
• a cadastral plan (passport) for a land plot (if absent, it is necessary to issue it through an appeal to the local Cadastral Chamber);
• receipts for payment of all state fees;
• a statement made in writing and provided by the owner of the land plot (it must indicate the location of the territory, its area and special purpose).

In addition to the above, a document is required to provide, which confirms the fact that a citizen has grounds to own a land plot as an owner. The format of this document depends entirely on the method of obtaining land ownership, or rather:

• in case of hereditary transfer of real estate - a certificate of inheritance;
• when making a sale, donation, and the like - a transaction agreement;
• when renting - a transaction agreement;
• when transferring a land plot from state or municipal authorities - certificates or certificates confirming this fact;
• when the land acts as a pledge - a pledge agreement.

All documents are submitted to the local authority of Rosreestr or the Multifunctional Center. Depending on the individual characteristics of a particular case, government officials may require a number of additional papers (certificates, geodetic documentation, electronic formats of cadastral data, powers of attorney, data from the BTI, etc.).

Most complete list documents that may be needed when registering land ownership, you can find out by contacting the relevant competent authorities. Photo No. 5

You can clarify the complete list of papers for your situation directly with the state agency that registers property rights.

Special attention should be paid to the situation when several land plots are unified with the subsequent registration of ownership of a certain one. In this case, the list of required documentation is as follows:

• certificate of state registration of rights (or an extract from the USRR of its availability) for both land plots;
• cadastral plan (passport) for both land plots;
• the decision of the owner (s) that there are grounds and consent for the land unification;
• identity document of the owner (s);
• a statement from the future owner of land property for obtaining the right to property;
• receipts for payment of state fees.

In case of disputable situations concerning the filing and collection of documents, it is advisable to consult with a professional lawyer.

General requirements for documents

When collecting required package documents for the purpose of registration of ownership of real estate, take care of the required number of copies of documents and, if necessary, certify these copies with a notary. Photo No. 6

In the process of registering ownership, it is important not only to collect the necessary papers, but also to provide them correctly. General requirements to the documents provided to Rosreestr the following:

1. The application for obtaining ownership is submitted in its original state (original).
2. Documents certifying the right of a citizen to own any land are also provided in their original state (original) and in the final quantity (as a rule, there are 2 copies of them).
3. The rest of the documents are provided both in the original and in certified copies.
4. The cadastral plan (passport) may not be provided if it was previously included in the receipt of other title to this owner and this land plot in Rosreestr.
5. It is also important for a legal entity to provide copies and originals of the constituent set of papers, certificates from the USRR (for legal entities), tax certificates, powers of attorney, and so on.

It should be understood that the state body will not accept documents that contain many abbreviations in the names, are made in illegible handwriting, have postscripts / strikethroughs, external damages and other defects.

In what situations does the state have the right to refuse registration?

If there are sufficient reasons, the state has the right to refuse to register ownership of land. Photo No. 7

A number of situations oblige the state agency for registration of property rights to refuse to implement it. In the presence of some factors, registration is possible only if they are completely eliminated and corrected.

The list of situations where the state has the right to refuse to register land in ownership includes:

• The applicant did not provide an identity document, his powers and similar documents.
• The submitted documents are not drawn up in accordance with the mandatory requirements or their list is not complete enough.
• A citizen applying for registration of real estate cannot sign the constituent documents on his own due to physical problems (sick, has temporary dysfunction, etc.).
• A citizen applying for registration of the right to real estate cannot himself sign the constituent documents due to a disturbed psychological state, since he does not give an account of his actions (drug or alcohol intoxication, a state of passion, etc.).

In other cases, the state body is obliged to accept documents and an application from any person for the purpose of subsequent registration of a land plot in its ownership.

The nuances of registration: government agencies, cost, etc.

The procedure for registering land ownership is quite an expensive undertaking, so we advise you to have patience and money. Photo # 8

At the end of the article, it will not be superfluous to note some of the nuances of the process of land ownership in Russia:

1. Many people wonder how expensive the registration process will be. It should be noted that in the presence of the entire list of documents, it is formally free, with the exception of mandatory payments (office, state fees, etc.). The amount of state fees varies from 300 to 22,000 rubles. If it is necessary to issue a cadastral passport, it will also be necessary to resort to payment of special organizations for land surveying (from 5,000 to 25,000 rubles). Turning to a lawyer for help will also incur some expenses (consultation - from 500 to 5,000 rubles, full assistance in registration - from 3,000 to 9,000 rubles).
2. To apply for registration, you must visit or the Multifunctional Center at your place of residence. You may also need to contact the DZHPiZhF, the Cadastral Chamber, the BTI and some other government agencies to obtain required documents.
3. The issuance of a certificate of ownership of property has not been carried out since July 2016. However, after 10 days after the submission of all documents and the application for registration of the land plot in ownership, the owner will be able to receive an extract from the Unified State Register of Legal Entities (local Rosreestr, multiple procedure).

In general, registering land in is a simple procedure, however, it is slightly confusing and requires some attention to yourself. Having dealt with all the nuances of the event, you can legally formalize your right to full disposal of some land within two weeks. When registering, do not forget about referring to the legislation of the Russian Federation, and in case of disputable situations - for advice to a lawyer.

You can learn more about the registration of land ownership by watching the video:

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The land ownership certificate is drawn up in the Registration Chamber of Rosreestr. The process takes no more than ten days if the applicant has all the necessary documents on hand. Problems arise only when the site is not registered in the cadastre.

There are only two ways to become the owner of the land: buy it from the legal owner, or register your right in the State Register, if it was allocated by the state for free. What documents you need to have and how to register a land plot in ownership in each specific case, we will describe below.

The procedure for obtaining a certificate of ownership is clearly regulated by law. On the territory of Russia, it is the same for all regions. Registration of the right to an immovable object for a specific person and the transition from one owner to another are carried out by the bodies of Rosreestr.

Registration under a purchase agreement

To register land ownership, the buyer together with the seller must contact Rosreestr and write two statements:

• on the transfer of rights from the seller to the buyer;
• on the registration of property for the new owner.

They are filled out on standard forms directly on the spot. Additionally applied following documents.

1. Written sales contract in 3 copies. One of them remains in Rosreestr, the other two are returned with a confirmation stamp.
2. Acceptance certificate. It is not mandatory if the contract includes a condition that its signing by the parties certifies this fact.
3. Passports of the participants in the transaction, if necessary, a power of attorney for a representative.
4. Notarized consent of the seller's spouse if the property is shared.
5. Seller's documents on the basis of which he owns the site.
6. Proof of ownership of the current owner.
7. Cadastral passport of the land plot.

The registration fee is paid National tax... Its size is 350 rubles for plots for individual housing construction, IGS, private household plots, gardening and horticulture. For all other purposes - 2,000 rubles. You do not have to submit a receipt for payment; during the reception, this fact is checked by information system... If it turns out that there is no information in it yet, the documents will be returned. The registration period is 10 days, after which the new owner receives a certificate for his property. From that moment on, he is obliged to pay land tax, and acquires the right to receive a property deduction.

The described procedure applies to transactions concluded after 2001. What if the sale and purchase agreement was concluded earlier, but the owner only now decided to register the rights? Such documents are valid (clause 2, article 422 of the Civil Code) if they are drawn up without violating the law in force on the date of signing. The owner can obtain a certificate at any time in a simplified manner, otherwise he will not be able to sell the plot.

Registration of "free" lands

How to formalize the ownership of a land plot, which was obtained even before the introduction of the Land Code? To do this, you need to contact Rosreestr with an application (to be filled in when applying) and submit:

• passport (power of attorney, if a representative is valid);
• documents of law, or a court decision;
• cadastral passport for the site.

There is no certificate in the list - it is for him that the actual, but not officially registered, owner applies. Citizens to whom it was allocated and their legal heirs can acquire a land plot free of charge (privatize). This fact is proved:

• the decision of the authorities on the allocation of area for gardening, truck farming, dacha farming;
• an extract from the housekeeping book of the district administration on the allocation of land for private construction;
• notarial documents for inheritance.

Until 2001, the land was allocated on the basis of inheritance and perpetual use rights. In the second case, it does not pass by inheritance, if the owner did not register the plot in ownership during his lifetime.

A common misconception. The buyer purchases a house on unregistered land. The seller convinces him that the plot can be issued under a dacha amnesty. But later it has to be redeemed or taken on a long-term lease, because the buyer has no right to free privatization... The price of a memory device in federal ownership is 60% of cadastral value, if the intended purpose: for individual housing construction, IGS, private household plots, dacha or gardening. For municipal and regional lands, the price is set by local law.

Property documents

Ideally, a law-abiding owner of the land should have in his hands:

• boundary plan;
• cadastral passport;
• certificate of ownership.

The certificate is the final result of the registration of an immovable object. To get it, you need a cadastral passport. The simultaneous execution of these two documents is allowed only under the dacha amnesty procedure.

Cadastral passport- confirms that information about the site is entered in the State Property Committee, that is, in the State Register of Real Estate. The cadastral chamber of Rosreestr maintains the data, it also issues a passport to the object. You can get it by personal contact and upon request in the form of an electronic document. The term of issue is 5 days, the cost of the service is from 150 rubles. The issue will be refused if there is no information about the land plot in the system, or they are incomplete. For example, the boundaries of the site are not described exactly, or there is no address binding. To put it on record, to enter the data in the register, you will have to order a landline plan. It contains all the information you need. Cadastral registration is carried out free of charge, and land surveying is carried out at the expense of the person concerned.

Boundary plan- confirms the location of the site on the earth's surface, that is, its coordinates, boundaries and area. This is a technical document that is received by the customer of the cadastral works. Where can you order it:

• in a specialized firm;
• from a private cadastral engineer;
• in the land department of the Administration;
• v state enterprise- BTI.

In any case, these jobs are paid for at commercial rates, and they are not cheap. On the official website of GBU MosgorBTI, for example, prices are not indicated, they are formed according to a very complex Methodology and are calculated for each case individually. The approximate cost of services of one of the Moscow companies for a plot of 6 acres is shown in Table 1.

The final price, as well as the timing, depend on the size of the site, its location, the number of approvals and other complicating factors.

Note. When buying, you need to take care of how to register the land in advance. In the list of required documents for registration of property rights, there is no landline plan. People who have registered the land in a simplified manner may have a cadastral passport in their hands even in their absence. Therefore, even before signing the contract, it is advisable to ask the seller technical documentation... Otherwise, all subsequent problems new owner will decide at its own expense.

Addition: Do you have any questions about registration of a land plot in ownership? Need detailed advice on difficult issue in the field of land law? We recommend using the "Pravoved" online service (fast and high-quality legal aid for a reasonable price),

The land plot does not arise from the signing of the agreement corresponding to the transaction or the entry into inheritance rights, but from the time state registration the arisen right in the body that registers rights and transactions with real estate (Rosreestr).

In order to register any real transaction with land, it is necessary to provide the available documents for the land and an application. You can submit in person at the branch of Rosreestr, in the multifunctional center (MFC), using the Public Services Portal, through a representative by power of attorney certified by a notary.

By general rule, for registration of a legal transaction with land, the applicant provides documents according to the list:

1. Application according to the sample established by the Order of the Ministry of Economic Development of the Russian Federation No. 920 dated 08.12.2015. The application indicates the type of object for which the registration of rights and (or) cadastral registration is carried out, the cadastral number, location of the land plot, information about the applicant (physical or legal entity), the method of submission and receipt of documents, as well as a record of the issuance of a receipt for the receipt of originals and copies of the required documents. The application, as a rule, can be filled in according to the sample directly upon submission of documents, if submitted in person.

2. Identity document;

3. Foundation documents confirming a property transaction with land. Such documents are called title documents and include:

• Civil contracts in accordance with civil and land legislation (purchase and sale, donation);
• on the right to inherit a land plot;
• Court decisions on the establishment or restoration of rights to the site;
• Orders and deeds of transfer government agencies on which land plots are transferred into ownership free of charge;
• Certificates of the right to life-long inherited possession, issued by the authorized government body;
• Extracts from the household book, confirming the existence of rights to land plots.