A plot of land as part of the common property of an apartment building. Order and procedure of Registration. Who owns the land under an apartment building Formation of a land plot under an apartment building

Lawyers and realtors told why residents of apartment buildings should think about registering adjacent land plots as common property

The issue of registering ownership of land for apartment buildings has become acute for some Muscovites after the launch of the renovation program. So far this has not resulted in actually formalized property rights - Rosreestr told RBC-Real Estate that they are not seeing an increase in citizens’ appeals. The editors learned from lawyers and realtors why ownership of the land under the house is needed, and Rosresstra told us how to register it.

The owners of premises in an apartment building (MCD) are at the same time the owners of the common property in this building: attics, basements, roofs, engineering equipment. The list includes the land on which the house is located with adjacent territories within the cadastral plot, as well as all the existing landscaping and landscaping elements, says Maria Litinetskaya, managing partner of the real estate company Metrium Group.

According to the Housing Code of the Russian Federation, the land plot on which an apartment building is located with the adjacent territory necessary for its operation belongs to the owners of the premises of this house on the right of common shared ownership.

“There are no houses without land - even during the construction of new residential buildings, the shareholder already receives the right to the land on which the house will be located. Even if the object is not completed, shareholders have the right to register ownership of the long-term construction and the land plot underneath it,” explained Maria Litinetskaya.

Currently, registration of a land plot adjacent to an apartment building in Moscow is a right, not an obligation, of the owners. “So far, the capital’s government has not forced Muscovites to register land rights. This is also explained by the fact that in this case it is convenient for the city authorities to dispose of their municipal land, without taking into account the interests of the owners of premises in the apartment building,” Mikhail Kyurdzhev, partner of the A2 law office, told RBC Real Estate.

Why do you need land ownership near your home?

Residents of the apartment complex become full owners of the plot, which means they receive additional opportunities to manage their common land. Land ownership rights, according to lawyers interviewed by the editors of RBC-Real Estate, are not limited. The owners have the right to decide even to build on the site in accordance with the procedure established by law or to transfer part of the site for rent, they explain.

“Apartment owners can distribute land among themselves for surface parking in the yard, build or demolish any landscaping elements, install a barrier at the entrance to the yard or fencing the entire territory, rent out part of the land,” the managing partner of Metrium Group gives examples. Maria Litinetskaya. In addition, they can protect themselves from infill development, because often, if the land remains in municipal ownership, the authorities give it away for construction, which directly contradicts the interests and comfort of residents of nearby houses, she believes.

At the same time, along with rights come responsibilities. In particular, the owners of apartment buildings will have to independently resolve issues of property maintenance (leisure areas, roads and sidewalks, parking spaces), explains Maria Litinetskaya.

Land and renovation of five-story buildings

If the house is included in the renovation program, then the owners, upon receiving an equivalent apartment, must also receive compensation for their share in the common ownership of the land and objects on it. “The market price for a property is formed not only based on the cost of the residential premises itself, but also the entire building, the land under it and common facilities. Therefore, fair monetary compensation, which is provided for by the renovation bill, will already include compensation for the cost of the land plot under the house,” says Maria Litinetskaya.

If the land is not registered, the apartment owners do not have rights to it. This creates a threat for residents of the houses, because the authorities can offer compensation without taking into account the cost of the land under the five-story building, notes Maria Litinetskaya.

“If the land is registered as the shared ownership of the residents of an apartment building included in the housing renovation program, then there are grounds to raise the issue of payment of appropriate compensation in the event of the seizure of a land plot for state needs, if its seizure is carried out according to this procedure. The law on renovation, as far as I know, does not currently provide for any other special options,” says Dmitry Shevchenko, partner of the Zamoskvorechye legal bureau.

“Therefore, before making a decision on renovation, owners of apartments in Khrushchev-era buildings should demarcate the area under their house, register it in the cadastral register and register it as their property. I would also recommend that owners of apartments in apartment buildings located in close proximity to five-story buildings do the same. If their plot is also not registered (and, say, is the property of the city, like the adjacent land with Khrushchev), then during future development the authorities will be able to “cut off” an important piece of land from them,” adds Maria Litinetskaya.

Let us recall that earlier the chairman of the State Duma Committee on Housing and Public Utilities Galina Khovanskaya called on residents of demolished five-story buildings to register the land under these houses for cadastral registration. “I would like to mention the decision of the Supreme Court of the Russian Federation in the case when the owner will demand not compensation in kind, but monetary compensation. Then, in addition to the market value of the residential premises, it includes a share in the right to common property and to a land plot. I urge all Muscovites to take care of the cadastral registration of land plots under their houses, because only in this case the cost of the land plot will be included in the market value of the apartment,” Galina Khovanskaya said at a press conference on the renovation program in the State Duma on May 19.

On what basis does land belong to the owners?

If the territory is registered in the cadastral register and formed before the entry into force of the Housing Code (that is, before 03/01/2005), then the owners of apartments in an apartment building are considered its owners from the date of entry into force of this code, a representative of the Federal Service Administration told RBC-Real Estate state registration, cadastre and cartography in Moscow (Rosreestr).

If the plot is formed and entered into the cadastre after the adoption of the code, then the right of joint ownership appears by virtue of the law “On the entry into force of the Housing Code of the Russian Federation.” These provisions have been repeatedly confirmed by the courts, as well as ministries and departments of Russia, he added.

“By virtue of the law on state registration of real estate, proof of the existence of a right to real estate is the state registration of such a right in the Unified State Register of Real Estate,” said lawyers interviewed by RBC-Real Estate. According to them, in order for this land ownership to be official, it must be formalized and the relevant data must be entered into the state register.

However, registering land for an apartment building in Moscow is not easy and is often only possible through the courts, lawyers note. They say that the main problems are that on the cadastral map of the capital, a land plot has not been formed under many houses, and its boundaries are often not defined.

According to the current legislation (No. 189-FZ dated December 29, 2004), the formation of land plots on which an apartment building is located is carried out by state authorities or local governments. In Moscow, such an authorized body is the city property department, which, within the framework of its powers, approves the boundaries of the site on the cadastral map of the territory if the site is demarcated.

If the plot is not demarcated, then its boundaries can be determined using the services of a cadastral engineer who will prepare a boundary plan for the land plot. Data about this plot can also be provided by the cadastral engineer to the electronic system for maintaining the register of rights to real estate.

Registration of documents for a land plot is carried out by the state registration authorities of rights to real estate (Rossreestr), for which this body is provided with the relevant documents provided for by the Law on State Registration of Real Estate, in particular the decision of the general meeting of premises owners on the formation of a land plot and on the determination of shares, an application , land plot plan and others necessary for state registration of rights.

“Without carrying out the specified procedures, the land plot will not be registered as common shared ownership, therefore, the residents of the apartment building will not have any powers of the owner in relation to this land plot. They will not be able to dispose of this land or make any legal claims against it,” explained Dmitry Shevchenko, partner of the Zamoskvorechye Law Bureau.

How to register land near a house as property

The land plot on which the apartment building with the adjacent territory is located can be registered as the common shared ownership of the owners of the premises of the apartment building (MKD). According to Mikhail Kyurdzhev, the basis for registering the right is the decision of the owners of the apartment building, as well as the cadastral passport of the land plot.

It is necessary to check using the public cadastral map whether the land plot has been formed for a specific house. If it is formed and you know its number, you need to send a request to receive information about the site on the Rosreestr website. After paying and receiving an extract with a passport and a certificate of ownership of residential or non-residential premises in this house (now, instead of a certificate of ownership, they issue an extract and the Unified State Register of Real Estate), contact the Center for the provision of public services “My Documents”. At the public services center, you must pay a state fee of 600 rubles. and submit the documents, after three days an extract on the right to a share in the common ownership of the site should be ready.

If the plot under the house is not formed, then the residents themselves are responsible for registering the right. Usually they organize a general meeting, enter into an agreement with a cadastral engineer, pay for the preparation of a boundary plan, and appoint a representative. The latter fills out an application and submits a package of documents to Rosreestr.

In order to issue a cadastral passport for a land plot, it is necessary to carry out land surveying. A cadastral engineer is preparing a land surveying project. Next, it is necessary to coordinate the draft boundaries with the owners of neighboring plots (if there are any) or with the Moscow government (if all the land around belongs to the city), Mikhail Kyurdzhev describes the procedure.

As a rule, a cadastral engineer takes data about the territory being serviced from the operating organization (that is, the area that is actually maintained by the owners of apartment buildings is taken into account, paying the costs of operating and cleaning the house itself and the surrounding area), explains Mikhail Kyurdzhev.

The boundary plan is approved by the Moscow City Property Department and then submitted to public hearings, at which the owners of the residential building approve (or do not approve) the survey project by an absolute majority of votes. “This procedure is legal and prescribed in Art. 46 Civil Code. It exists so that owners can familiarize themselves with the boundary plan, ask questions to the designers, and make their suggestions. After the project is approved, the actual boundary work begins. As a rule, they cost about 30-40 thousand rubles. from one house.

After that, with a boundary plan in hand, the owners apply to Rosreestr so that their plot can be included in the cadastre,” adds Maria Litinetskaya.

What documents are needed

The list of documents required for state registration of rights to a land plot under an apartment building is established by Federal Law dated July 13, 2015 No. 218-FZ “On State Registration of Real Estate” and other regulatory legal acts:

Application for state cadastral registration and state registration of the right of common shared ownership of common property in an apartment building;

A document certifying the identity of the applicant or a person authorized by him if he has a notarized power of attorney (when submitting an application through a personal appeal);

The decision of the general meeting of owners of premises in an apartment building on the formation of the land plot on which the apartment building is located;

Documents on the formation of the land plot on which the apartment building is located (landmark plan, etc.);

Decision (minutes) of the general meeting of premises owners on determining shares in the right of common shared ownership of common property in an apartment building;

Title documents confirming the existence of the rights of the owners of premises in an apartment building that arose before January 31, 1998 (if at the time of submitting documents for state registration of the right of common shared ownership of real estate premises in an apartment building in the Unified State Register of Real Estate there are no records of state registration of the existence of the rights of these owners) ;

Where to submit documents

Documents for state registration can be submitted in person through the “My Documents” public service centers, reception offices of the branch of the Federal State Budgetary Institution “FKP Rosreestr”, or sent by mail (necessarily with a list of investments and declared value) or electronically through the Rosreestr portal. The registration period will be seven working days; if documents are submitted through the “My Documents” public service center, the registration period will be nine working days.

About 100 million Russians live in apartment buildings, which is 2/3 of the total population of the Russian Federation according to Rosstat. It is not surprising that many people are concerned about the issue. Children's playgrounds, parking lots, plantings, unplanned buildings under the windows of residents are objects of financial, environmental, social, legal and other aspects of law.

What laws regulate property relations in this case?

1. Housing Code of the Russian Federation (Articles 33, 34, 36, 37, 44);
2. Federal laws:
   • No. 189-FZ dated December 29. 2004 (Article 16).
   • No. 221-FZ of July 24, 2007 (Articles 38, 39);
   • No. 191-FZ of December 29, 2004 (Article 6);
3. Decree of the Government of the Russian Federation No. 576 of 08/07/2002.
4. Decree of the Government of the Russian Federation No. 1223 of September 26, 1997. (as amended on August 21, 2000);
5. Order of the Ministry of Justice of the Russian Federation No. 29 of February 14, 2007, etc.

What is the procedure for determining the size and boundaries of a site?

The size of the plot is determined in accordance with Land Law. According to the law on urban planning, they are calculated based on actual volumes of land use and approved urban planning rules.

Answer: No, the decision to register land ownership is made on a voluntary basis, by voting at a general meeting.

Question: Are there any restrictions on the intended use of a land plot registered as common shared ownership?

Answer: Yes, decisions and actions regarding the use of privatized plots should not contradict the current legislation of the Russian Federation.

Question : Are there standards for the size of privatized plots?

Answer: No, there are no strict standards. At the general meeting of owners, residents must decide on the size of the site for boundary survey work. They can be both maximum and minimum (including the area under the house and the entrances to it).

Question: If there have been previous surveys in this area, is it possible to submit a request to change the size of the site?

Answer: No. In this case, you can submit an application for registration of ownership of a land plot with precisely defined boundaries and size (according to the current Boundary Survey Plan).

Question: What official documents regarding the registration of the site should I receive?

Answer: Geodetic plan, Certificate of registration of common shared ownership (issued at the local representative office of Rosreestr).

Land under an apartment building: how can it be used?

- Many people have a more or less clear idea of ​​how exactly to obtain personal ownership of a plot of land under an apartment building? More details in the video.

Should I register the land under an apartment building?

I would like to immediately outline what will be discussed in this article, and we will talk about a plot of land belonging to the property of an apartment building. The land plot is reflected in Part 1 of Article 36 of the Housing Code of the Russian Federation, which states that the land plot under a residential building is recognized as a local area with elements of landscaping and landscaping, relating to the common property of the owners of the premises of an apartment building. The specified land plot has a size and boundaries that remain unchanged, unless the owners of the apartment building at a general meeting want to carry out reconstruction, paragraph 4, article 37 of the Housing Code of the Russian Federation.

For several years in a row there have been disputes over the issue of privatization of land in apartment buildings. Is the privatization of land in an apartment building beneficial for owners of residential and non-residential premises? Today there is already enough practice on this issue, including judicial practice, to draw conclusions.

Let us dwell on the legislative prerequisites that determine the very direction of registration of ownership (privatization) of a land plot of an apartment building.

By virtue of Article 36 of the Land Code of the Russian Federation, in existing buildings on which structures that are part of the common property of an apartment building, residential buildings and other structures are located, are provided as common property in the common shared ownership of homeowners in the manner and on the terms established by the housing legislation.

As stated in Article 16 of the Housing Code of the Russian Federation, the land plot on which the apartment building and other real estate objects included in such a building are located is the common shared property of the owners of the premises in the apartment building. If the land plot on which the apartment building and other real estate objects included in such a building are located has not been formed, before the entry into force of the Housing Code of the Russian Federation, on the basis of a decision of the general meeting of owners of premises in the apartment building, any person authorized by the said meeting has the right to apply to state authorities or local governments with an application for the formation of a land plot on which an apartment building is located. The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments.

The implemented Housing Code of the Russian Federation, based on the prescription of the Constitution and the Federal Law “On the implementation of the Housing Code of the Russian Federation,” takes into account the nature of common ownership of property, and included the transition to common ownership of the owners of residential and non-residential premises in an apartment building of a land plot. As established by the Housing Code, the right to a land plot is transferred free of charge and follows directly from the norms of legislation.

There are cases where a land plot belonging to an apartment building has not been formed and it is not possible to register it with the cadastral register. That is why it is impossible to determine the boundaries of the adjacent territory of an apartment building related to a specific apartment building, therefore it is not possible to register a land plot.

This situation raises many questions among owners of residential and non-residential premises of an apartment building. How to form a land plot for an apartment building? How to determine the boundaries of a land building related to their apartment building? What exactly is the property of an apartment building? From what period can the management company include utility payments for cleaning the land plot of an apartment building? And is it necessary to register (privatize) the land plot of an apartment building?

Housing legislation and current rules No. 491 of August 13, 2006 include the following property as common property: the plot of land on which the property is built, green areas and other landscaping and landscaping elements, sports and children's playgrounds, parking spaces and collective parking for cars, dryers for linen, substations and transformers, fire passages, garages and cellars.

When can a management company or homeowners association include utility payments for cleaning and maintaining the property?

There are a lot of disputes on this topic between owners and organizations that carry out utility bills. The answer to this question is set out in paragraph 3 of Government Decree No. 491 of the Russian Federation dated August 13, 2006. Because of this paragraph, it follows that when determining common ownership, it is worth proceeding from the Unified State Register extract, which states who is the owner of the land plot of the local area. In the event that there are discrepancies in the specified document, the information in which this land plot is assigned to the owners as common property is taken into account. Additionally, I would like to tell you that until the land plot is formed and registered in accordance with the established procedure for the owners of the apartment building, the local municipality is responsible for its maintenance.

Why register a land plot as common property, let us consider the positive and negative aspects of the issue.

Positive aspects of registering a land plot in the local area as property:

The owners of an apartment building receive guarantees, namely, without their knowledge, it will be impossible to use their land plot, expressed in the organization of parking lots, laying roads that are not beneficial to the owners, other temporary buildings, such as garages, shops, etc. It is impossible to seize a land plot without purchasing it from the owners for state needs.

The owners of an apartment building can receive additional profit, which can later be used for the needs of the house, for example, renting out a plot of land or organizing for the residents themselves any activity that allows them to organize on these plots;

Most importantly, the owners of an apartment building increase the value of their property, since in addition to the apartment, a land plot will be privatized into shared ownership.

One of the advantages of registering a land plot with the owners of an apartment building is that the owners can improve this land plot: organize a children's playground, organize a parking lot, and replace other structures necessary for the normal life of the entire building.

IMPORTANT! The most important thing is that if a land plot is registered with the owners, then it is not possible to transfer the land plot under programs such as strategic development of the territory. Let me give you a striking example: you did not register a plot of land, and the city administration transferred the plot right in front of your windows to a construction company at auction, but everyone knows how it goes and in six months a wall of a neighboring house will appear right in front of your windows. You have seen similar stories in the news, I think, more than once.

Negative aspects of registering a land plot in the local area as property:

1. The owners are obliged to maintain the land plot of the local area at their own expense, but here I will say that almost all owners of apartment buildings pay a management company for the maintenance of their plot, although they do not own this land plot even in circumstances where it is simply not formed;
2. It can also be considered a disadvantage that the cost per square meter increases and when an apartment is sold, the price for the property increases and it is difficult for the owner to sell the property at an increased price.

The beginning of the formation of a land plot begins and is carried out in the following order: a scheme is being prepared for the distribution of shares of owners of residential and non-residential premises of an apartment building in the right of common ownership of common property in the house:

copies of notices about holding a general meeting of owners of premises in the house with the issue of forming a land plot;

notification (sheet) of registration of owners and their representatives participating in the general meeting of residents;

powers of attorney of the present representatives are drawn up in accordance with the requirements established by law;

formalizing the decision in writing of the general house meeting on the formation of a land plot;

drawing up the minutes of a general house meeting on the formation of a land plot; applying in writing to an established state body or local government body for the formation of a land plot.

IMPORTANT! An application for cadastral registration of a land plot must be submitted personally by a person who is authorized by a decision of the general meeting of owners of an apartment building by virtue of paragraph 1 of Article 20 of Federal Law No. 221 of July 24, 2007.

Provided that if the land plot of an apartment building has been formed, then you can immediately proceed to the registration of common ownership rights: submit a written application for state registration of common ownership rights to the land plot;

When submitting an application, there must be a properly executed power of attorney or a decision of the general meeting of residents, on the basis of which the authorized person will have the rights to submit an application with a package of documents to the state registration authorities; paid state duty; confirmation that the land plot of the apartment building has been formed; a decision or protocol of a general meeting of residents on the formation of a land plot, if it has not been formed previously; documents confirming ownership of the property if the property was registered before October 31, 1998; other documents required by the authorized body; personal presence of a person at the state registration authority or MFC or sent by registered mail with a declared value and a description of the investment;

ADDITIONALLY! Since 2015, land plots of an apartment building included in common property are not subject to tax. 6 clause 2 art. 389 Tax Code of the Russian Federation.

After state registration of a land plot of an apartment building on the basis of paragraph 1 of Article 14 of Federal Law No. 122 of July 21, 1997, an extract is issued indicating the registration of the land plot.

Regarding the issue of the boundaries of a land plot of an apartment building, I can report the following: the boundaries of a land plot are determined by the requirements of land and urban planning legislation by virtue of paragraph 4 of part 1 of Article 36 of the Housing Code of the Russian Federation.

When registering a land plot of an apartment building, a lot depends on the date of construction of the house; this is due to the fact that the introduction of the Housing Code of the Russian Federation by virtue of the established Article 16, which approves the conditions indicating the transfer of the land plot into the common ownership of the owners of the premises of the apartment building that is located on it.

Now I want to explain to you the difference:

If your apartment building was built before the introduction of the Housing Code of the Russian Federation and the land plot was formed and was registered in the cadastral register, then the rights to the land plot are transferred to you automatically and free of charge (Part 2, Article 16 of Federal Law No. 189);

If the land plot has not been formed, but the date of registration of the apartment building is earlier than the date of introduction of the Housing Code, then the owners can apply to the local government with the question of forming the land plot of the apartment building. This statement will be the basis for the formation of a land plot by authorities and cadastral registration, paragraph 3 of the Resolution of the Constitutional Court of the Russian Federation of May 28, 2010 No. 12-P).

Apartment buildings built after the introduction of the Housing Code of the Russian Federation are subject to state registration only if a land plot is formed and it is registered in the cadastral register.

VERY IMPORTANT! Some people think that since a land plot has been formed and is already registered in the cadastral register, then they are the owners and this opinion is completely wrong. Only with state registration in Rosreestr of the Russian Federation does the land plot of an apartment building become common property.

MINISTRY OF ECONOMIC DEVELOPMENT OF THE RUSSIAN FEDERATION

On the issue of registering a land plot under an apartment building as common shared ownership

The Real Estate Department of the Russian Ministry of Economic Development (hereinafter referred to as the Real Estate Department) reports.

In accordance with the Regulations on the Ministry of Economic Development of the Russian Federation, approved by Decree of the Government of the Russian Federation dated June 5, 2008 N 437 (hereinafter referred to as the Regulations), the Ministry of Economic Development of Russia is a federal executive body that develops state policy and legal regulation in areas related to his areas of activity. According to the Regulations, the Ministry of Economic Development of Russia is not vested with the authority to officially explain the legislation of the Russian Federation, as well as the practice of its application.

At the same time, we believe it is possible to note the following.

1. According to Article 16 of the Federal Law of December 29, 2004 N 189-FZ "On the entry into force of the Housing Code of the Russian Federation" (hereinafter - Law N 189-FZ) the land plot on which an apartment building and other parts of this building are located at home, real estate objects, which were formed before the entry into force of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code) and in respect of which state cadastral registration was carried out, pass free of charge into the common shared ownership of the owners of premises in an apartment building. If the land plot on which the apartment building and other real estate objects included in such a building are located was not formed before the entry into force of the Housing Code, the owner of any premises (taking into account the decision of the Constitutional Court of the Russian Federation dated May 28, 2010 N 12-P) has the right to apply to state authorities or local authorities with an application for the formation of a land plot on which an apartment building is located. From the date of the state cadastral registration of the land plot on which the apartment building and other real estate objects included in such a building are located, such land plot passes free of charge into the common shared ownership of the owners of the premises in the apartment building.

Taking into account the above, the owners of premises in apartment buildings have the right of common shared ownership of the land plot on which such houses are located, arises by virtue of a direct indication of the law, and the registration of the right in this case is of a legal nature.

According to the formation of the land plot on which the apartment building is located, it is carried out by state authorities or local governments. At the same time, Law No. 189-FZ does not directly provide for the powers of the owner of a separate premises in an apartment building or several owners to ensure the implementation of cadastral work for the purpose of further implementation of state cadastral registration and state registration of the right of common shared ownership of a land plot occupied by an apartment building.

As noted in the ruling of the Supreme Court of the Russian Federation dated February 8, 2016 N 303-KG15-18725, it is the authorized body that has the responsibility to form a land plot under an apartment building at the request of the owners of the premises in such a building. The possibility of the authorized body transferring its responsibilities in this part to the owners of premises in such a house is not provided for by current legislation. The resolution of the Constitutional Court of the Russian Federation dated May 28, 2010 N 12-P states that since the formation of land plots on which apartment buildings are located relates to the area of ​​public legal relations, state authorities or local government bodies entrusted with this responsibility do not has the right to arbitrarily refuse to fulfill it if there are all the grounds provided for by law for the formation of a land plot.

According to paragraph 6 of part 2 of Article 15 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (hereinafter referred to as Law N 218-FZ), cadastral registration without simultaneous state registration can be carried out on the basis of applications from persons established by the federal by law.

Based on the above, in the opinion of the Real Estate Department:

the formation of a land plot (including the implementation of cadastral work necessary for the preparation of a boundary plan) on which an apartment building is located is carried out by state authorities or local governments at the request of the owner (owners) of the premises in such a building;

implementation of state cadastral registration in relation to a land plot occupied by an apartment building must be carried out at the request of state authorities or local governments specified in Part 4 of Article 16 of Law N 189-FZ.

It should be noted that Part 2 of Article 6 of the Federal Law of December 29, 2004 N 191-FZ “On the Entry into Force of the Urban Planning Code of the Russian Federation” stipulates that before the entry into force in the prescribed manner of technical regulations for the placement, design, construction and operation buildings, structures, structures in the event that the built-up areas are not divided into land plots, the boundaries of the land plots on which apartment buildings are located are established through the preparation of territory planning projects and territory surveying projects, which are approved by the head of the local administration of the settlement, the head of the local administration of the urban district in compliance with the procedure for public hearings in accordance with Article 46 of the Town Planning Code of the Russian Federation. In this case, it is not allowed to require the provision of other documents for the approval of territorial planning projects and territorial surveying projects.

2. According to Part 4 of Article 69 of Law N 218-FZ, technical registration or state registration of real estate, including those carried out in the manner established by the legislation of the Russian Federation before the entry into force of the Federal Law of July 24, 2007 N 221-FZ “On the State Cadastre” real estate" (hereinafter referred to as Law N 221-FZ), is recognized as legally valid, and such objects are considered previously registered real estate objects. At the same time, real estate objects, state cadastral registration or state registration, including technical registration, which have not been carried out, but the rights to which are registered in the Unified State Register of Real Estate (hereinafter - USRN) and have not been terminated and which have been assigned conditional numbers by the rights registration authority in the order , established in accordance with Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it” (hereinafter referred to as Law No. 122-FZ), are also considered previously registered real estate objects.

According to Part 9 of Article 69 of Law No. 218-FZ, information about real estate objects, the rights to which arose before the date of entry into force of the Law on Registration and have not been terminated and the state cadastral registration of which has not been carried out, is entered into the Unified State Register of Real Estate according to the rules provided for in Article 69 of Law No. 218 -FZ for entering information about previously registered real estate into the Unified State Register of Real Estate.

Since January 1, 2017, the provisions of Law N 221-FZ regulating relations in connection with the implementation of state cadastral registration of real estate objects have lost force.



Electronic document text
prepared by Kodeks JSC and verified against:
official website
Ministry of Economic Development of Russia
www.economy.gov.ru
as of 07/06/2017

MINISTRY OF THE RUSSIAN FEDERATION FOR LAND POLICY,
CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES

ORDER

On approval of guidelines for calculations
standard sizes of land plots in condominiums

In pursuance of the Decree of the Government of the Russian Federation of March 30, 1998 N 369 "On amendments to the Decree of the Government of the Russian Federation of September 26, 1997 N 1223 "On approval of the regulation on determining the size and establishing the boundaries of land plots in condominiums"

I order:

1. Approve the “Guidelines for calculating the standard sizes of land plots in condominiums” (hereinafter referred to as the Guidelines).

2. The Department of Urban Planning and Architecture (Topkishev S.A.) ensure the distribution of Methodological Instructions to the constituent entities of the Russian Federation.

3. The Department of Urban Planning and Architecture (Topkishev S.A.) and the Department of Land Policy (Loiko P.F.) provide assistance to the executive authorities of the constituent entities of the Russian Federation and local governments in the application of the Methodological Instructions.

Acting Minister
A.Sh. Shamuzafarov

METHODOLOGICAL INSTRUCTIONS for calculating standard sizes of land plots in condominiums

1. Scope of application

Determining the standard sizes of land plots in condominiums and establishing their boundaries are carried out with the aim of forming a condominium as a single planned separate complex of real estate (including its development); establishing the land share in the common property pertaining to each homeowner in the condominium, based on the area of ​​the premises owned by him; efficient use of land in urban and rural settlements and increasing the level of their improvement; taxation; accounting and state registration of rights to real estate and transactions with it in condominiums.

These Guidelines are the basis for the development of a methodology for calculating the standard sizes of land plots in condominiums by constituent entities of the Russian Federation or local governments.

2. Normative references

SNiP 2.07-01-89* "Urban planning. Planning and development of urban and rural settlements";

"Regulations on determining the size and establishing boundaries of land plots in condominiums", approved.

3. Calculation of standard sizes of land plots in condominiums

3.1. The Methodological Guidelines for calculating the standard sizes of land plots in condominiums transferred to the common shared ownership of homeowners free of charge are based on the principle of determining the value of specific indicators of land share for buildings of different number of storeys on the basis of urban planning standards of various periods of mass housing construction.

The size of the land plot in the condominium is specified when developing the draft boundaries of the land plot included in the condominium. The development of a project for the boundaries of a land plot in a condominium is carried out taking into account the urban planning documentation of a specific quarter (microdistrict), subject to the requirements of paragraphs 3 and 7 of the Regulations on determining the size and establishing the boundaries of land plots in condominiums, approved by Decree of the Government of the Russian Federation of September 26, 1997 N 1223. Territory surveying projects when establishing the boundaries of land plots in condominiums are developed within the boundaries of planning units of the city, another settlement (neighborhoods, blocks or parts thereof).

The specific indicator of land share is the area of ​​residential territory within the boundaries of a planning unit per 1 m_2 of the total area of ​​residential premises included in the condominium.

3.2. In newly developed territories of cities and other settlements, the determination of the standard sizes of land plots in condominiums is carried out in accordance with current federal and territorial urban planning standards, on the basis of urban planning documentation for development and land surveying projects developed in accordance with urban planning documentation for territorial planning and land use rules and developments.

3.3. The determination of the specific indicator of the land share for buildings of different number of storeys in areas of mass residential development is based on regulatory documents regulating the specific dimensions of elements of residential territory in blocks and microdistricts.

Such elements of territories during different periods of construction of both block and microdistrict development were:

Territories under residential buildings;

Driveways and pedestrian roads leading to residential buildings;

Open areas for belt storage of cars;

Local green spaces, areas for children to relax and play;

Business sites;

Sports grounds.

Specific indicators of the land share per 1 m_2 of the total area of ​​residential premises included in the condominium, depending on the number of floors and construction period, are given in the table in Appendix A.

When preparing these Guidelines, the results of relevant calculations carried out differentially for each construction period, starting from 1958, were taken into account in accordance with the regulatory documents of each construction period.

Graphs for determining the standard size of a land plot for buildings of different heights (based on average indicators) are shown in drawing Appendix B and can be used as auxiliary regulatory material.

3.4. The standard size of a land plot in a condominium, the determination of which is based on the principle of identifying the specific indicator of the land share for buildings of different heights, is calculated by multiplying the total area of ​​residential premises in a given condominium by the specific indicator of the land share according to formula (1):

norm.k to z.d.

where S is the standard size of a land plot in the standard for a condominium, m_2;

S - total area of ​​residential premises in the condominium, m_2;

k U - specific indicator of land share for buildings of different west. number of storeys (Appendix Table A).

Specific indicators of the land share for buildings of different heights are clarified by local governments, based on territorial urban planning standards, urban planning and legal zoning of a specific territory, taking into account the urban planning value and regional characteristics of the territories.

3.5. Determination of the size of land plots for non-residential premises (trade enterprises, consumer services, etc.) included in the condominium is carried out on the basis of urban planning standards, taking into account the requirements for the operation of these premises (organization of entrances, approaches, turning areas for transport, platforms for temporary parking, etc.) and is specified when developing the boundaries of the land plot included in the condominium.

3.6. When determining the size of a land plot in a condominium on the basis of a separate building within a block (especially in the central areas of settlements where there are virtually no excess territories), a calculation formula can also be used, which is based on the principle of identifying non-residential territories within the boundaries of a block or microdistrict that are not subject to transfer to condominiums, i.e. exclusion of school sites, preschool institutions, other separately located cultural and consumer service institutions, public areas of microdistrict and non-microdistrict significance, territories of unfinished, reconstructed and designed development, as well as other territories not occupied by residential development.

The size of a land plot in a condominium is calculated using the following formula (2):

S-S-S
kv ng jammed
S = ___________________ x S + S, (2)
to S general to built to
general building

where S is the size of the land plot in the condominium;

To
S - total area of ​​the block, microdistrict;
kv

S - the total area of ​​all non-residential territories that are not subject to transfer
nz
to condominiums;

S is the total built-up area of ​​all residential buildings in
stuck to
boundaries of a block, microdistrict;

S - the total total area of ​​residential premises of all residential premises
general building
buildings within the boundaries of a given block, microdistrict;

S is the total area of ​​residential premises of the condominium, for
general to
which calculates the standard size of a land plot;

S is the building area of ​​the condominium for which
stuck to
the land plot is calculated.

3.7. The transfer of land plots in condominiums in standard sizes into the ownership of homeowners is carried out in accordance with paragraph 10 of the Regulations on determining the size and establishing the boundaries of land plots in condominiums, approved by Decree of the Government of the Russian Federation of September 26, 1997 N 1223.

3.8. The size of the land share of each homeowner in the condominium is determined by multiplying the total area of ​​residential premises owned by this homeowner in the condominium by the specific indicator of the land share.

If the actual size of the land plot in the condominium is less than the standard size, the size of the land share of each homeowner is determined by dividing the actual area of ​​the land plot in the condominium by the total area of ​​residential premises in the condominium and multiplying by the total area of ​​residential premises owned by each homeowner.

Appendix A. Specific indicators of the land share per 1 m_2 of the total area of ​​residential premises for buildings of different heights

Appendix A

Notes. 1. In a mixed-storey development, the specific indicator of the land share should be calculated on the weighted average harmonic number of storeys by interpolating the specific indicators given in the table.

2. SNiP 2.07.01-89 * is given for an estimated housing supply of 18 m2/person. With a different estimated housing supply, the estimated regulatory land share should be determined by the formula:

Y x 18
z.d18
Y = ____________,
W. N

where Y is the indicator of land share at 18 m_2/person;
z.d18

N - estimated housing supply, m_2.

Appendix B. Graphs for determining the standard size of a land plot for buildings of different heights

Appendix B

No schedule provided.

Appendix B. Calculation of standard sizes of land plots in condominiums

Appendix B

Examples:

1. Determination of the standard size of a land plot for a 5-story, 80-apartment building built in 1960 with an average apartment area of ​​50 m_2.

In accordance with the table in Appendix A, the specific land share indicator for 5-story buildings is 1.34. Consequently, the standard size of the land plot in accordance with formula (1) will be (50 x 80) x 1.34 = 5360 m_2.

2. Determination of the standard size of the land plot and the excess territory, if the condominium property consists of a group of three 9-story buildings of 5400 m2 of total area each, located on a given territory. Construction from the 80s.

The area of ​​the given territory is 2.5 hectares. There is also a kindergarten on this territory, the land plot of which is 3400 m_2. The actual area of ​​the residential area (excluding the kindergarten) is 25,000 - 3,400 = 21,600 m2.

In accordance with formula (1), the standard size of the plot of one residential building is 5400 x 0.98 = 5292 m_2. The total standard area of ​​land plots of three residential buildings is 5292 x 3 = 15876 m_2.

The excess area of ​​the territory is 21600 - 15876 = 5724 m_2. The excess size of the plot of each residential building is 5724: 3 = 1908 m_2.