Where to design the land. Land Registration in Private Property

There are several design options. land plot in ownership. In order for the operation of obtaining rights to own the land plot to be as clear as possible and did not delay in time, it is important to draw up for himself as an idea of \u200b\u200bthe idea, what is the structure of such an operation. And on the basis of the grounds for which you are going to become the owner of a particular one, to begin the procedure for issuing a land plot to property.

2018 brought a number of significant changes in this direction. According to new standards, everyone who has country sites Or horticultural, are obliged to register them in the state cadastre, despite this, whether this put on the earth was given in long-term use or for perpetual use.

To obtain the rights of the owner from EGRN, you should take an extract. Regulations for design legal operation and its rules are described in Law No. 218-FZ "On state registration Real estate. "

What is the basis of obtaining property to earth is legal?

In order to fully become the owner of the Earth, according to the legislation of the Russian Federation, the following ways of entry into rights are considered:

1. Inherit.
2. Purchase as a gift.
3. Get under the exchange or purchase / sale agreement, executed between legal or individuals.
4. When forming new legal entity The land becomes the component of the authorized capital.
5. As a result, the implementation of the privatization act of land from the State Fund or Municipal Fund.
6. Deforated recognized by the Nezozny Land in property.

Attention! The presented list includes the most common options for designing a land plot to property. there is different methods Private order, as, for example, premium lands transmitted for time with the subsequent transfer of citizens or legal entities recognized by the court order or legal entities.

Earth prohibited by law for ownership

There are a number of restrictions defined state bodyengaged in the design of property to land. Legislative act №178-ФЗ dictated list of frames fixed by article 27 standards. To prohibited categories include:

• reserved under state or municipal projects land plots;
• plots of polygons or other test zones where infection background is possible;
• protected areas of territories qualified as drinking water fences;
• zones of alienation in areas of motorways, airports, sea and river ports;
• reserves and parks;
• forest areas;
• water resources;
• cemetery territory;
• public land;
• territories used by public services;
• lands and land owned by the Ministry of Defense of the Russian Federation.

It is impossible to draw up in the property and land, the owner of which is already another physical or legal person.

How to act, getting ready to issue the right to land

Considering that accounting land plots After 01.01.2017 acquired new order According to Law No. 218-FZ, it is important to remember that article 49 of this regulatory document It implies fixation of the Earth as an object through the EGRN extract and the actualization of information through the state inventory.

The owner must provide for land registration required documents In these organs there, where the land is located geographically. Or to register in any MFC, bringing a passport to the establishment and documented confirmation of the fact of ownership of the land plot.

Working with data on data verification in Rosreestre will take about 10 days if you provide all the required documents immediately.

Documents for issuing property to the land plot.

Wanting to legalize the land plot into the property, it will take to assemble the document provided by law, namely:

1. Application for the desire to realize the right to own land.
2. Cadastral passport of land.
3. Passport of a citizen of the Russian Federation (original) and its copies.
4. A document confirming the legitimate use of the land plot.

To witness your land ownership is allowed:

• contract purchase contract;
• evidence of inheritance;
• privatization act of land plot;
• darment contract, etc.

Attention! To hold a private owner is allowed to transmit land that was previously leased. In accordance with the law, to prevent the redemption of the land plot of the lease agreement cannot. This is fixed in the Federal Law No. 178-FZ "On the privatization of state and municipal property" dated December 21, 2001 (taking into account the revoks and additions of 2017)

Simplified Earth Registration Option

Owners can, using the Law No. 93 of 30.06.2006 and Law No. 20 of 28.02. 2015, draw up on a lightweight scheme. But these land plots should be highlighted in possession or use no later than 30.10.2001.

To simplify registration of rights to land (using the country amnesty), it is necessary to submit to the Rosreestr of the contract, supporting the right to use the site, or the certificate (ACT) on permission to use the designated territory under ILS.

Download sample contractgratuitous urgent use of land

You can witness the fact of law and certificate of receipt by putting under the horticultural activities and gardening. The same document is also considered a resolution issued by the administration of one or another settlement On the transfer of the territory to another owner. It will not be necessary to conduct an intersection if you consider such an option of the procedure.

Cadastral passport site

Egrenn extract is provided to citizens simultaneously with the cadastral plan. Submitting an application to the IFC or directly to the Rosreestr asking such a request, you will have this document, because from the moment of the beginning of the action of Law No. 218-FZ from 01/01/2017, the previously existing cadastral plan and the cadastral passport are now not compiled. They replaced EGRN.

On the services of the cadastral engineer should only be thought about if the survey on your land plot has not yet been done. And only then you will receive a document of the appropriate sample. On the Rosreestra website you will find a list of those cadastral workers who are competitive to the creation of technical documentation. And only having received the Mechanical Plan, the land owner together with the document where there is electronic signature The cadastral engineer (in the XML flash map) should contact the MF Center in its region or to Rosreestr, so that it is necessary to make a clarifying information on its land plot and put on the Cadastre registry. The plan for the land plot for 10 working days is issued.

If the survey is not performed

To fix the measure of the site through the regulatory act - this is the survey. With it, it is possible to insure against conflicts with neighbors about the borders of the station. Such a legitimate installation of accurate benchmarks is required to register land ownership. The described land management procedures are possible to order in any company that has a license to carry out this kind of work. And then to compile an inter-plan specialists:

• will collect geodesic indicators and make their analysis;
• thrown your site on the locality map;
• perform the plan of your site;
• through this plan all communications and other objects located on your site and next to it;
• registration of the Meeting Plan on the norms established by law.

After receiving all interviewing documents to complete the procedure, you should pass the obtained plan to the Cadastral Chamber, documents testifying to your right of ownership, a copy of the Russian passport and fulfill payment for taking into account.

Land Registration Algorithm Property

Register a statement in the territorial authorities with a request to transfer the land plot to your property. It is necessary to attach an extract from the cadastral plan. The decision on your application should be taken by the municipality bodies not longer than in 2 weeks. At the same time, taking into account the nuances described in your statement, the State Administration has the right:

• transfer the plot for free by issuing a written order to this account according to the law;
• suggest the redemption of the Earth and provide the development contract for registration: to register your right to own land plot will be possible only after making the amount of payment;
• reject your request, if it is impossible to use it right, as Article 28 of the Land Code says.

Is it possible to get the land for free?

• disabled;
• went participants;
• orphans;
• servicemen who served more than 10 years;
• large families:
• employees of the internal affairs bodies, whose experience exceeds 15 years;
• involved in agriculture to young professionals;
• other categories belonging to the list of beneficiaries.

These landings that are not built up must be paid at an average market value.

Attention! If the private house is built on municipal land, the owner of the property has preferences when leaping the site used to its property.

Payment of duty in the design procedure in the ownership of the land

Paying the state for the state of execution of ownership of the land plot, the amount of payment will depend on the form of land registration in property. The most common categories is:

• state duty for defining the private ownership of the land, where housing construction is planned, the development of a garden or a garden (350 rubles);
• state duty for part (share) plot for needs agriculture (100 rubles);
• state duty from a private person issuing a plot with another purpose than the construction of housing, garden, garden (2000 rubles);
• state duty from a legal entity issuing land ownership (22,000 rubles).

After checking the cadastral passport for the correspondence of reality, having received information about the partition of the site, considering the belonging of the Earth to a specific category and its location, do not forget that it is much easier to arrange land through a deal than to get as an alienation of a state or municipal fund. Weigh all "For" and "Against", starting the procedure for making a land plot to property, consult with lawyers who are well understood in the norms of legislation so that the time of receipt of the guidelines is not delayed for years.

Certificate of land ownership is issued in the Rosreestra Registration Chamber. The process takes no more than ten days if the applicant has all the necessary documents in the hands. Problems occur only in the case when the site is not put on cadastral records.

There are only two ways to become the owner of the Earth: buy it from the legal owner, or register its right in the state register, if it has been allocated by the state for free. What documents need to have and how to issue a land plot in the property in each particular case, we will tell below.

The procedure for obtaining a certificate of ownership is clearly regulated by law. In Russia, it is the same for all regions. Registration of the right to a real estate object for a particular person and the transition from one owner to another is to carry out the Russian authorities.

Registration under the contract

To make land in ownership, the buyer, together with the seller, should contact Rosreestr and write two statements:

• on the transition of the right from the seller to the buyer;
• on registration of ownership for the new owner.

They are filled in standard blanks directly in place. Additionally, the following documents are applied.

1. Written sales contract in 3 copies. One of them remains in Rosreestre, the other two with a confirmation stamp is returned.
2. Act of acceptance and transmission. It is not required if the contract includes the condition that its signing by the parties certifies this fact.
3. Passports of participants of the transaction, if necessary, power of attorney to the representative.
4. Notarized seller's spouse consent if real estate is common.
5. Documents of the seller, on the basis of which he owns a plot.
6. Certificate of the right of ownership of the operating owner.
7. Cadastral passport of land.

For registration, the state duty is paid. Its size is 350 rubles for plots under IZhS, IGS, LPH, gardening and gardening. For all other purposes - 2 000 rubles. The payment receipt can be not submitted, during the reception this fact is checked by the information system. Ahuta will turn out that there are no information in it yet, the documents will be returned. The deadline for registration is 10 days, after which the new owner receives a certificate to his property. From that moment on, he is obliged to pay land tax, and acquires the right to receive property deduction.

The described procedure relates to transactions concluded after 2001. If the contract of sale was concluded earlier, but the owner just decided to register rights? Such documents are valid (paragraph 2, Article 422 of the Civil Code), if they are issued without a violation of the law acting on the date of signing. The owner can at any time receive a certificate in a simplified manner, otherwise selling the site he will not be able to.

Registration of "free" lands

How to issue ownership of land, which was obtained before the introduction of the Land Code? To do this, contact Rosreestr with a statement (Filled when contacting) and submit:

• passport (power of attorney, if a representative is operating);
• documents on the right, or court decision;
• cadastral passport on the plot.

There is no certificate in the list - it is behind him that the actual, but not registered officially, the owner. Free to purchase a land plot to property (privatize) can directly citizens who have highlighted, and their legal heirs. This fact is proved:

• solving the authorities on the allocation of the area under gardening, gardening, country household;
• discharge from the employment book of the district administration on the allocation of land for private construction;
• notarial documents for inheritance.

Until 2001, the Earth has highlighted in the rights of inherited possession and perpetual use. In the second case, it does not pass by inheritance if the owner did not make a plot of ownership during life.

Common delusion. The buyer acquires a house standing on unformed Earth. The seller convinces him that the plot can be arranged in the country amnesty. But subsequently, it has to redeem or take into long-term rent, because the buyer has no right to free privatization. The price of the memory of the federal property is 60% of the cadastral value, if the target purpose: under IZH, IGS, LPH, country household or gardening. For municipal and regional land, the price is established by local law.

Documents for ownership

In the ideal case, the law-abiding owner of the Earth must have in hand:

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

Certificate - the final result of the design of the real estate. To get it, you need a cadastral passport. The simultaneous design of these two documents is allowed only in the order of dacha amnesty.

Cadastral passport - confirms that information about the site is made to the GCN, that is, to the state register of real estate. Data accounting leads the Cadastral Chamber of Rosreestra, it also gives a passport to the object. You can get it with personal contact and on request in the form of an electronic document. The term of issuance is 5 days, the cost of the service is from 150 rubles. The extradition will be denied if there are no information about the land plot in the system, or they are incomplete. For example, the boundaries of the site are not described, or there is no address binding. To register it, make data into the registry - you have to order a landline plan. It contains all the necessary information. Cadastral registration is carried out for free, and the main work is carried out at the expense of an interested person.

Meeting plan - confirms the location of the site on the earth's surface, that is, its coordinates, borders and the area. This is a technical document that receives Cadastral Customer. Where it can be ordered:

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

In any case, these works are paid for commercial rates, and they are not suiced. On the official website of GBU Mosgorbty, for example, prices are not specified, they are formed on a very complex technique and are calculated for each case individually. The estimated 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 deadlines, depend on the size of the site, its location, the number of coordination and other complicating factors.

Note. When buying, you need to take care of how to make a land plot. In the list of required documents for registering the right of ownership, there is no partial plan. People who made the Earth in a simplified manner may have a cadastral passport on their hands and in its absence. Therefore, even before signing the contract, it is advisable to ask the seller technical documentation. Otherwise, all the problems that emerge later, the new owner will decide at its own expense.

Addition: Have questions about issuing a land plot to ownership? Need a detailed advice on the complex issue in the field of land law? We recommend using the online service "Rovement" (fast and high-quality legal assistance for reasonable money),

By purchasing any country real estate - cottage, cottage or land, it is necessary to arrange it, using services specializing in such affairs.

The design of documents for Earth can also be done by itself, but it should be known that this is a fairly serious process, requiring not only moral and material forces, but also knowledge in certain legal issues.

It is necessary to know what documents are needed to obtain a certificate of ownership and with what difficulties can be encountered in the process of design.
Registration of ownership of the land facility is required in the following cases:

• at the time of buying;
• when selling: To sell the land, a documentary confirmation will be required that the seller is its legal owner;
• under donation: the same as during the sale, it will be necessary to confirm the legitimate right of the donor to dispose of the land at its discretion;
• when entering into the inheritance: it is very often that the heirs will find out that the house and land where they lived with the testator were not properly decorated only when making an inheritance - then the difficulties of collecting the necessary documents begin.

As can be seen from the above, to fully own a land object and be able to make various transactions with it, you need to properly arrange documents in accordance with the current legislation of the Russian Federation and obtain a certificate of ownership.

The main stages of land design

• collection and delivery of the necessary documents for state registration of ownership;
• passage of legal examination of documents and verify the legality of the transaction;
• checking contradictions between the declared rights and registered rights to the land and other grounds for refusing to state registration;
• making entries in the USRP to the land plot;
• completion of the inscription on the wrong document and issuance.

To register a land object and obtaining a certificate, you should provide the following list of documents:

• an application for registration of a land facility, where its location and sizes, purpose of use (for farmer or personal farm, for the construction of houses or gardening, etc.) should be clearly formulated;
• passport and its copy;
• power of attorney, certified notarially, if the application is filed from another person;
• extract from the USRP to real estate and transactions with it about the right to this land plot;
• if there are any buildings and buildings, it is necessary to provide an extract from the USRP to real estate and transactions with it about the rights to these buildings and buildings;
• certified notarial cadastral plan;
• contract of sale;
• receipt of paid state duty.

Important moments when making land

All land plots can be divided into categories and by type of permitted use. If you buy a finished area, then the difference in its design from the category and the type of allowed use will not be. The exception is only agricultural land for which the preemptive right to buy the state is provided.
The purpose of the Earth and the type of permitted use on the procedure of its design does not affect. But these factors affect other equally important points, such as the possibility or inability to register the right of ownership. It is impossible to acquire land objects seized from turnover. These include, for example, land on which state natural reserves, the buildings of the Russian Federation, the objects of the Federal Security Service and others are located. In addition, according to the land legislation of the Russian Federation, it is impossible to acquire land objects limited in the turn. These include those who are in state or municipal ownership of the Lands of the Forest Foundation or the valuable objects of the cultural heritage of the Peoples of the Russian Federation, the objects of cosmic infrastructure, as well as contaminated with hazardous waste and radioactive substances.
When registering documents, it is necessary to check the availability of encumbrances on the acquired object. These include:

• servitude - for example, the obligation to ensure the passage of various transport or providing access to communications;
• development restrictions - for example, coastline;
• communications - gas pipelines, military cables, etc.;
• the pledge of the land plot in the bank.

If there are no documents for land

How to make such a plot? To solve this problem, you first need to purchase an object of real estate, and then go on receipt of registration documents.
The local authorities will need to provide the following package of documents:

• documents on the purchase of the house, decorated until March 6, 1990;
• application on the approval of the Earth's borders located in the applicant in actual use;
• description of the boundaries of the site compiled by the applicant in free form, where it is detailed to describe all borders using such surroundings such as, for example, a distance to lake, forests, country roads, buildings, etc.

During the month, the applicant is issued a project of land borders, after which the local government authorities should provide an application for the purchase of land, the project of the borders of the object and confirming the ownership of documents to the house located on the site. Two weeks later, the applicant will receive a decision on the provision of land in the property, after which it will be necessary to make a cadastral passport and pass.
One month later, the applicant will receive a certificate of state registration of ownership of the land plot and will become its full owner.

Simplified procedure for issuing documents for land

The simplified procedure for designing the Earth concerns the country sites in the cell, where they need only a minimum set of documents for their design. This may be the decision of the trade union of the enterprise on the distribution of the territory of the cells between its employees, the decision to grant the Earth to the indefinite use for the conduct of a country farm issued by the collective farm rule, the decision on the allocation of land under the cottage for the country cooperative and the partnership with the list of all its members and the decision of the General Assembly On the distribution of sections issued by local authorities. For the design of the country area, any document on the right of ownership issued in any time period is suitable. From the present owner of the country area, it will only be necessary to fill in the declaration and specify its data, the cadastral number of the plot and provide the master plan of the COT indicating its site on it.
According to the Country Amnesty law, the simplified procedure for the design of country sites will continue until 2015. This law was adopted to solve problems with the design and registration of country sites. In the Soviet Union, the cottages were issued for the maintenance of the utility economy, and most of them were still not fulfilled in properly. The collection of all documents for registration of such country sites is impossible, therefore, the simplified procedure for issuing documents was introduced.

The simplified procedure for issuing property rights is allowed not only to the land object, but also to the country house on it. In addition, it will not be necessary to call the BTI employee: all data owner points to the Declaration.
The deadline for verification of the documents of the documents is simplified registration of 2 weeks, after this period is issued registration documents. Refusal to registration can only if there are no necessary documents or if the land plot is not subject to privatization in its destination.

Registration of land for the construction of the house

Currently, many seek to issue a land object for the construction of a private house. And this desire of people is understandable - clean air around, picturesque landscapes, forest, reservoirs. In addition, containing urban apartment today is significantly more expensive than housing in the suburbs. And if you find a decent plot, then the construction of a new country house will be much cheaper than buying a city apartment. It is only necessary to make the necessary documents for Earth correctly.
Registration of land for construction identically for other purposes, but only you need to make sure that the category of land and its geodesic structure will allow the construction of the house on it.

It is worth noting that only those land plots that have passed cadastral records and which have been received by the objects of various real estate transactions and on which certificates of registration of ownership are obtained. Registration of documents for land in proper order guarantees its owner calm and confidence in the future.

Registration of land rights allows the owner to dispose of it, and to carry out any action permitted by law.

How to arrange a land plot in the property in 2019 and what are the restrictions on registering sites?

Since the beginning of 2019, the order of property accounting was simplified in Russia, while the amnesty continues its effect on country gardens and household territories.

Registration of this type of real estate involves the commission of a complex of legal actions aimed at transferring rights to the new owner of the site.

The legislation of the Russian Federation implies several ways to acquire land:

• in the order of the transaction;
• municipal or state ownership;
• land transfer to the legal entity to the authorized capital;
• using the Earth.

When transferred to the authorized capital of the organization, the property passes to its order and becomes the full sole owner of this real estate.

When the design is impossible

According to Article 27 of the Land Code and Federal Law No. 178-FZ, some restrictions on the transfer of land new owners are imposed on the registering authorities.

For example, it is impossible to draw up the property to the territory, the rights to which belong to another person. It will not be possible to register a station, which is seized from the use of the Russian authorities, belongs to the park, is part of a cemetery or a protected zone.

How to prepare for the procedure for paperwork

From January 1, 2017, the Law No. 218-FZ established a new procedure for accounting for land plots.

Article 49 of this Regulatory Act, establish new rules for fixing objects through the ECRN extract to actualize information in the state cadastre.

To register, the owner must apply to the separation of the Rosreestr of the area where the corresponding area is located or contact any convenient MFC with a passport and a contract (act) for the acquisition of real estate.

Required documents

Analysis of the documentation in Rosreestra will take no more than 10 days, this time is allocated to specialists to verify the treaties received and evidence.

The standard package of applicant documents for re-registration consists of:

• applicant passports, attorney of the representative of the applicant and the passport of the representative;
• statements to fix possession of acquired by real estate;
• original receipt and one photocopy of receipt at the payment of state duty in Rosreestr;
• documentation on purchase and sale, exchange, lease.

In the absence of information on the object in the real estate cadastre, which will be reflected in EGRN, before visiting Rosreestra, it is necessary to go through the procedure of interspersed to clarify the boundaries of the station.

According to the laws No. 93 of 30.06.2006, No. 20 of 28.02.2015, land owners may arrange them in a simplified version, while gardening orders should be owned not later than October 30, 2001.

For registration, we put on a simplified order in the country amnesty, it is necessary to provide the Rosrester to the Rospestr, certificates, acts:

• certificate confirming the allocation of the segment for individual construction;
• certificates of highlighting the area under gardening and gardening;
• resolution of the administration of the settlement on the transfer of the territory to another owner.

In this case, the survey is not necessarily.

How to get a cadastral plan

From January 1, 2017, with the commissioning of Law No. 218-FZ, previously existing acts - and the cadastral plan are no longer compiled, EGRN extract to replace them.

You can get an extract EGRN with the existing cadastral plan in anyone convenient for the applicant MFC or directly in Rosreestre.

If the intestine on the object has not yet been carried out, then for this procedure and obtaining the relevant document, it is necessary to conclude an agreement with the cadastral engineer. You can check the legal capacity of the selected cadastral engineer on the creation of technical documentation on the website of Rosreestra.

After receiving the land plan, having a cadastral engineer recorded on the XML flash card - a document signed by an electronic signature of an engineer, refers to the MFC of his region or to Rosreestr to adjust information on the site and making a plan to the cadastral registry.

The main stages of registration

So, consider how to issue ownership of land.

Before registering and receiving guidelines, the Buyer must make sure that the seller is the legal owner of the property.

In general, the process of fixing the land in the state cadastre consists of the following steps:

1. Conclusions of the agreement, taking into account the requirements of Art. Art. 550 ,, 555 GK; Art. 37 ZK; Art. Art. , Law No. 218-FZ.
2. Sending to the territorial authority of Rosreestra via MFC or directly with a personal reception in the Rosreestra of the established package of documents. Completion of registration occurs within 7-9 days, according to Law No. 218-FZ, article 16.
3. Obtaining an extract, which makes it certifying the state registration of the change of the owner, in accordance with Art. 28 Law No. 218-FZ.

In the absence of a receipt on the payment of state duty among the documents submitted (or information about this fact in the Rosreestra information system) for the sixth day after submitting an application, Rosreestr will return all real estate documentation to the applicant without consideration, in accordance with Art. Art. 18, 25 of Law No. 218-FZ.

Registration of ownership of the area transferred by inheritance

To start the procedure for the transfer of real estate rights, the heir must be obtained in the notarial office of the certificate of inheritance, and provide this document together with the guidelines of the testator to the Rosreestr.

The rest of the document package will be the same as in the case of a purchase and sale transaction.

In case of registration of lifelong possession, to the standard documentation package, in addition to the certificate of inheritance, it is also necessary to add a certificate for life inherited hereditary ownership.

As in general, the confirmation of the establishment of a new owner of the property under life will be a certificate from the State Cadastre of Real Estate.

How to make a rented land

In order to translate a plot in the property, certain conditions are needed. Such conditions can be:

• Country amnesty based on a residential building built into the personal ownership.
• A cottage, garage, barn, sauna are built on the horticultural segment or garden.
• It is located on the territory of agricultural purposes, and the owner consists in country, garden cooperatives and partnerships.

To make a plot, it is necessary to carry out the following steps:

1. Interviewing and compilation of the Meeting Plan.
2. Staging put on accounting in MFC or Rosreestre.
3. Receipt from the head of the municipality decision on the alienation of the territory from the municipal possession, or obtaining a decree on the redemption of the area without auction, if the site built on the site and the leased site is highlighted under ILS or LPH.
4. Registration of ownership through Rosreestr.