Privatization is the process of transferring land into private ownership from state or municipal management.

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Is there a need to carry out the procedure, what documents are needed for this and how much will the registration cost? Is free privatization possible? What changes have been adopted in this area since January 1, 2019, you will learn from this article.

If necessary

The act of perpetual use or lease of the land on which the residential building is located may be revoked at any time. The allotment manager has the right to withdraw the allotment for state or municipal needs, for the development of the area or other public purposes.

Privatization of land for private houses is allowed if the plots are provided:

• on the right of lease for the construction of an individual housing construction project or for running a subsidiary plot;
• on the right of perpetual inheritable ownership according to the law in force at the time of adoption of the act;
• participants in horticultural, gardening and summer cottage farms as part of non-profit associations.

It is impossible to register ownership of land even if it is located under a residential building:

• upon withdrawal from circulation – allocated for strategic state goals, for the deployment of the Armed Forces of the Russian Federation, on the state border, in reserve, etc.
• when placed on the territory of a nature reserve, park, pond, or other public places.

After registering your personal or shared ownership the opportunity arises to dispose of land, that is, to carry out transactions of purchase and sale, donation, inheritance by will, lease, etc.

The legislative framework

Privatization relations are regulated:

• on the privatization of state and municipal property;
• about dacha amnesty;
• O state registration rights to real estate and transactions with it.

How to privatize land under a private house

Regulate the issue of obtaining land ownership at the level municipalities not required. All important points registered in federal legislation as well as the procedure. Local authorities have the right only to agree on important points.

The procedure depends on the method of privatization. If it is carried out according to the law on dacha amnesty, then opening a land survey file is not required. It is enough to register the object for cadastral registration.

This requirement is mandatory, since only this allows the property to be identified. It is assigned an exact address and cadastral number, by which you can make a request to the Rosreestr authorities to obtain complete information about the land.

Often residential buildings provide for the division of the building into two or more isolated rooms with separate exits. So, ownership of apartments will be shared or sole ownership of two real estate properties.

The main condition for registering a plot for two owners is their mutual consent. To highlight local area property requires their joint application to the executive authorities.

If two owners of a building cannot reach a joint decision, then one of them can file an application with the court. Since the house represents an indivisible piece of real estate, the plot becomes common shared ownership.

Parts are issued in proportion to shares in a private house. In such cases, in addition to cadastral registration, land surveying is required.

The refusal must be in writing - a separate document, a response to a letter, notification, etc. Its content should indicate unequivocal disagreement with the acquisition of land ownership.

It is possible to obtain land ownership if there are any title documents, except for the act (certificate) of receipt of perpetual inheritance. In addition, the documents must be completed before 2001, when the Russian Land Code came into force.

Required documents

To obtain property, title documents are provided:

• application form - submitted to Rosreestr authorities;

• cadastral passport or technical plan according to the old law;

• document of title – lease agreement, act of perpetual use or inherited possession;

• certificate of cadastral value from the Cadastral Committee;

• from the Land Registry;
• extract from the Federal tax service about the area of ​​the site and the amount of the fee;
• agreement on individual housing construction on a land plot provided by authorities;
• receipt of payment of state duty according to the tariff;
• extract from the Unified State Register of Real Estate on the rights of persons to land plot, the manager of the allotment, citizens or organizations that previously registered ownership on the basis of other documents.

Important: you can take part in privatization only once. If the application is submitted a second time, its consideration is refused, guided by the relevant provisions of the law.

Local authorities may offer to take advantage of the opportunity to conclude a land purchase agreement.

If the application is made within the framework of the Law on the Privatization of State and Municipal Property, an additional act of authority is required on permission to transfer the site into private ownership.

In the case of establishing powers under a simplified procedure within the framework of the Law on Dacha Amnesty, a decision from a local authority is not required.

Particularly difficult is the preparation of a cadastral passport, since only this document allows you to identify the site. If boundaries are established, land surveying is not necessary.

If there is a dispute regarding them with the owners or users of neighboring plots, then it is necessary to contact a specialized organization authorized for cartographic and geodetic surveys.

If a refusal is received from the administration managing the land or from Rosreestr, then the applicant has the right to go to court to resolve the issue and appeal the act of state or municipal authorities.

When receiving a decision in his favor, in addition to the application, he will only need a court ruling that has entered into force.

This document will be considered as a title document and on its basis an entry about the property will be made in the state register. In this case, no other certificates will be required.

A claim for granting ownership of land will not be successful if it is located in a conservation area, is limited in circulation, is located on the lands of specially protected objects, is in public use, or is in the reserve of state or municipal bodies.

What is the price

Executive authorities consider applications without charging a fee. For the production of a cadastral plan, you will have to pay 1,500 rubles at your own expense. citizens and 3,000 rubles. legal entities. If the order is urgently executed, the tariff increases.

If it is necessary to draw up a boundary plan, the applicant will need to pay at the expense of own funds from 8 to 12 thousand rubles. depending on the region where the property is located.

You will also need to pay a state fee for registering a license in the amount of 400 rubles. For individuals and 2,000 rub. organizations.

If it is not possible to carry out privatization free of charge, the option of purchasing the land plot will be offered.

The cost is determined close to the market value and is indicated in the unified real estate cadastre. The assessment depends on the region where the object is located, its characteristics, and the category of permitted use.

Deadlines

District administrations review applications within no more than 30 days. The production of a cadastral passport takes from 5 to 14 days. The situation is more complicated with land surveying. In total, the boundary setting process takes approximately 2 weeks.

In some cases, if difficulties arise with finding the owners of neighboring plots, signing the act of establishing boundaries, as well as if there are discrepancies in the data in the title document and the result of cadastral registration or other information, conducting the case can take up to 6 months or more.

Registration of property in a simplified manner, if all documents are available, takes 10 working days when submitting documents through Rosreestr and 14 days when sending papers through the MFC.

If certain documents are missing or there is a need to request information from the archive, the registration period may be extended by the same amount of time.

It takes a certain period for the case to be considered in court on the basis of the norms of the Civil Procedure Code. Depending on its complexity and the need to request title documents, coordinate borders and other legally significant actions, it may take from 1 month to a year or more.

Free

The validity period of the law allowing the registration of land ownership has been extended until March 1, 2019. During this period, it is expected that plots will be transferred to the private ownership of citizens without charging a fee.

After this, it is assumed that if the provision is not extended, it will only be possible to purchase plots at a cadastral value close to the market value.

Previously, it was possible to acquire property by signing a purchase and sale agreement with a municipality or regional authority inventory value, which is much lower than that accepted on the free market.

The concept of “free” privatization is quite arbitrary and implies the absence of the need to purchase a land plot from the state or municipality.

However, when carrying out the procedure, you will have to incur a number of costs for registering property - including information in a unified register of real estate, preparing documents with a description and establishing boundaries.

Arbitrage practice

Despite extensive regulatory framework, in practice, the law on the privatization of land under a private house is often not applied, or administrative authorities insist on paid registration of land plots as property, which is not available to citizens and they waive their rights without enlisting the support of a qualified lawyer.

There are many refusals to provide land precisely on the grounds that it is free. Applications are returned to citizens with explanations about the need to buy out plots. In this case, the situation can only be resolved by a court decision.

However, in some situations, this authority also adopts an act on the possibility of obtaining land only on a paid basis. As an example, when re-submitting an application, if a citizen has previously exercised the right to receive land without redemption.

Another category of cases involves denial of the opportunity to purchase land at cadastral value. Thus, one of the neighbors stated that the privatization of a share in the ownership of the plot would lead to a violation of his rights and legitimate interests due to a decrease in the area of ​​the occupied plot.

The case materials contain an act of the municipal authority on the provision of a site within the actually installed fence. No documents were provided confirming the reality of the borders.

The defendant filed a counterclaim to establish the real boundaries of the site and to remove obstacles to the use of the land allocated for Agriculture put it on.

Important: heirs of private houses built on non-privatized lands are obliged to buy the plots. Providing them with plots of property, as in the case of perpetual use, is not provided for by law.

As an alternative, they can take advantage of the offer to lease them from executive authorities.

The procedure for transferring a plot of land into shared ownership of the owners of premises in an apartment building and adjacent territory has been approved by housing legislation since 2005.

The reasons for this were the need to maintain a plot of land next to the building and when using the sites by non-profit organizations.

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In what cases is it permissible to register land as shared ownership, the possibility of privatization, the pros and cons, the consequences of such measures, everything is detailed in this article.

Is it possible

Any violations committed against the owners are punishable on the basis of the Civil Code of the Russian Federation.

What documents are needed

To establish land ownership it is necessary to collect a package of documents:

• cadastral passport for land. A topographic survey is also needed, which is carried out by specialized accredited institutions that carry out boundary work. This is done in order to establish the actually occupied boundaries on the ground;

• confirmation of rights to land under an apartment building. These documents will not always be identical. This may be a certificate of ownership from Rosreestr or an agreement with the municipality on the provision of a plot of land for construction or on indefinite use, other state and local acts;

• certificate of land valuation. Issued by the Land Committee upon request;
• document on the area of ​​the land plot with the calculation of annual tax payments. Provided upon application by the tax service;
• BTI conclusion on the approximate cost of a building on the site. The price is calculated based on the average prices for identical real estate on the market;
• copies of applicants' passports;
• cadastral passports for apartments, offices and other isolated premises as part of a house with documents on ownership of each property.

Important: the main difficulty when registering land for an apartment building is drawing up a cadastral passport for the entire land plot. Typically these costs are borne by construction company, which received permission to construct the facility.

However, in fact, organizations do not always complete paperwork due to bankruptcy, so these costs fall on the owners of premises in an apartment building.

Terms and cost

Issuing a decision of the executive authority on the possibility of granting land ownership residential complex carried out within 30 days.

If there is no cadastral passport for the land, then you need to order its preparation from specialists, which will take approximately 2 weeks.

You must first obtain technical passports for residential and commercial premises in an apartment building to determine the proportions by area of ​​the occupied plot.

This information will be included in the certificate of ownership indicating the shares. Preparation of such a document for the entire building will take about 2 weeks.

Interesting: Drawing up a passport for each premises, which is not necessary, but desirable for the allocation of land, can take years, since the owners of the premises may ignore messages about the readiness of the development object, its commissioning and the possibility of cadastral registration and registration of property.

When the act of transferring land into ownership is ready and technical documentation you need to contact the Rosreestr authority at the location of the property.

The process of entering ownership data will take 14 days. When submitting documents through the MFC, the period will increase by 3-4 days due to the implementation by the institution intermediary function between applicants and the state registrar directly.

The cost of obtaining a cadastral passport for the entire building can reach tens of thousands of rubles; the exact cost is determined in the region where the property is located.

The situation is similar with the technical passport for a building. Registration with Rosreestr separately for a citizen costs 500 rubles, for organizations – 2,000 rubles.

Advantages and disadvantages

The annexation of the territory and registration of ownership of the land under the house entails positive consequences in the form of:

1. Possibility of creating infrastructure for residents of the house.
2. Protection of the territory from the claims of third parties, including municipal authorities, who may seize the plot for the development of the area and the needs of the population.
3. Obtaining additional profit for participants in multi-apartment construction through delivery common property for rent to third parties.
4. Registration of transactions with land, disposal of the plot or part of it, carrying out landscaping on it in order to ensure the normal functioning of the owners of the house.

There are also disadvantages, such as:

1. The need to pay land tax. The rate is determined on the basis of the Tax Code of the Russian Federation according to the cadastral value of the site using the coefficient market price. The indicator adopted by local authorities is taken into account. Payment of the fee is made annually. Legal entities make payments by bank transfer from a current account, citizens - at the bank upon provision tax authorities notifications about the amount and date of tax payment.
2. If the site operation rules are violated, sanctions may be imposed in the form of fines by the district administration, in particular this applies to the placement of certain objects, for example, unapproved parking, or non-coordination of the call schedule with the service organization.
3. An increase in rent for commercial premises with an increase in the cadastral value and, accordingly, the tax rate on the occupied space.

The process of transferring land into shared ownership cannot be called simple. The law on the privatization of land under an apartment building alone makes it possible to carry out such a legal action, however, for a citizen or organization, obtaining documents for the house and territory, sending requests to the archives, BTI and other authorities will be quite labor-intensive.

It is easier to coordinate actions with other residents and submit collective statements and complaints. State and municipal authorities treat such requests more carefully.

You can also involve in the process, if the house is a new building, the company that carried out the construction of the property on the basis of SRO approvals and other permitting documentation.

Moreover, the allocation of adjacent territory is part of her responsibilities during the construction of an apartment complex, since according to urban planning legislation, an area for improvement must be adjacent to the residential building.

It should be noted that if a refusal is received at any stage of land registration, in the executive authorities, cadastral registration or registration of real estate transactions, you can apply to the court to obtain a decree establishing ownership rights.

Some recent years There is great debate as to whether the “privatization” of a land plot for an apartment building is beneficial for owners of residential and non-residential premises. At the moment, there is already enough information, incl. judicial practice to draw a clear conclusion.

Legal prerequisites.

First, a little about the legal background. In accordance with Art. 36 of the Land Code of the Russian Federation in existing buildings, land plots on which structures that are part of the common property are located apartment building, residential buildings and other structures are provided as common property into the common shared ownership of homeowners in the manner and under the conditions established by housing legislation. According to Article 16 of the Housing Code of the Russian Federation, a land plot on which an apartment building and other objects included in such a building are located real estate, is the common shared property of the owners of premises in an apartment building. In the event that the land plot on which the apartment building and other real estate objects included in such a building are located is not formed before putting it into operation Housing Code RF, based on the decision general meeting owners of premises in an 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 the land plot on which the 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.

From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other real estate objects included in such a building are located passes free of charge into the common shared ownership of the owners of the premises in the apartment building.

State registration is not required.

Thus, having implemented in the Housing Code of the Russian Federation and the Federal Law “On the entry into force of the Housing Code Russian Federation» the requirements of the Constitution of the Russian Federation, taking into account legal nature common property of the owners of premises in an apartment building, the federal legislator included legal regulation relations regarding the transfer into common shared ownership of the owners of premises in an apartment building of the land plot under this house as an element of such common property fall within the scope of housing legislation. Consequently, the right of the owners of the premises of an apartment building to a land plot follows directly from the right of ownership of a residential or non-residential premises in such a house. This means that - in contrast to the procedure for acquiring citizens and legal entities rights to land plots that are in state or municipal ownership, which is established by the Land Code of the Russian Federation - for the free transfer of the land plot on which the apartment building and other real estate objects included in such a house are located into the common shared ownership of the owners of the premises in such a house it is necessary and sufficient for state authorities or local government bodies to form a given land plot in accordance with the requirements of land legislation and legislation on urban planning activities and carrying out its state cadastral registration, despite the fact that there is neither a special decision of public authorities on the provision of a land plot, nor state registration of the right of common shared ownership of this land plot in the Unified state register rights to real estate and transactions with it are not required.

What does local government have the right to?

However, based on the constitutional presumption of equality of citizens of the Russian Federation, the law cannot place persons in the same conditions in different legal status. Therefore it cannot be violated general position civil legislation that in order to acquire ownership rights, even shared ones, it is necessary first of all to make a decision by the future owner himself, and the provision of a land plot for an apartment building is an obligation, but not the right of a local government body.

By virtue of Part 3 of Article 16 Federal Law“On the entry into force of the Housing Code of the Russian Federation”, owners of premises in an apartment building, the land plot under which has not been formed and in respect of which state cadastral registration has not been carried out, cannot, without holding a general meeting of owners, demand the formation of a land plot and thereby the implementation of the right, arising from Part 1 of Article 36 of the Housing Code of the Russian Federation, although they actually own and use an unformed land plot on an equal basis with the owners of premises in an apartment building, the land plot under which is formed. Therefore, their application for the formation of a land plot is intended solely legal registration already existing relationships. Moreover, since the formation 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 have the right to arbitrarily refuse to fulfill it if all necessary resources are available for the formation of the land plot provided by law grounds.

Thus, the actions of the local government aimed at refusing to form boundaries within the area necessary and sufficient for maintenance and management apartment buildings, within the boundaries approved by the decision of the general meeting of premises owners, can be considered illegal and unfounded.

The main problems of the owners, as well as their house management organizations, boil down to the fact that at the time of acquiring common ownership rights to a land plot, the owners are happy that they are provided with land for free, but about the consequences, incl. financial, they, unfortunately, do not think about such property.

The pros and cons are clear.

If we systematize the pros and cons for owners of premises in apartment buildings (MD), it will look like this:

1) Additional guarantees: 1.1. Without the consent of the owners, it is impossible to use the land, such as laying new roads, construction, organizing commercial and other enterprises (car washes, parking lots, garages, etc.) on the territory owned by the owners of the MD; 1.2. Without the consent of the owner, any alienation of part of the land plot is impossible, just as the demolition (construction) of any buildings is impossible; 1.3. It is impossible to seize a land plot for municipal (state) needs free of charge.	1) Owners of a land plot (its share) are required to pay land tax annually (it is calculated as a percentage of the cadastral value of the land plot). Cadastral value land, at the moment, is very close to market value. Bid land tax V Nizhny Novgorod region is 0.02%.
2) Additional possible profit. Owners have the right to rent out part of the land plot or provide it for other paid use. In addition, land ownership significantly increases the cost square meter residential or non-residential premises.	2) Owners are required to be responsible for the maintenance of their land. Consequently, the responsibility for maintaining, repairing, cleaning roads, landscaping elements (lawns, playgrounds, green areas, parking spaces, etc.) lies with the owner, and, therefore, liability measures can be applied to him. The owner (his house management company) may be fined for not removing snow, for not removing garbage, etc.
3) Ease of use. Owners have the right to perform various actions with the land plot, incl. aimed at its improvement, construction of additional structures, playgrounds and other buildings necessary to ensure the normal functioning of the MD.	3) An increase in the cost per square meter of premises should also be noted as a minus, since this narrows the circle of buyers and tenants for owners, as well as an increase in the cost of maintaining the common property of MD.

Negative advantages.

As we see, the number of advantages outweighs the number of disadvantages, however, at second glance, obvious advantages can become negative. The owners of premises in an apartment building in the Prioksky district of our city did not rejoice for long when, at a public hearing regarding the formation of the boundaries of the land plot, their representatives were provided with a draft boundary for their MD with an area of ​​about 7000 sq. m. Moreover, two-thirds of the formed land plot was occupied by citywide engineering communications and intra-block roads. In order to understand the depth of the problem, it is necessary to remember that according to the order of the Ministry utilities RF No. 197 dated 08/17/1992 Construction is prohibited within the territory of protected zones of heating networks, overhaul, reconstruction, earthworks(soil leveling, planting trees and shrubs), work related to breaking up soil and road surfaces, etc. Currently, the responsibility for maintaining local areas, roads and driveways, repairing sidewalks, parking “pockets”, children’s and sports grounds, landscaping and landscaping courtyard areas, removing snow and ice in winter time, foliage in autumn, outdoor lighting, etc. on land plots not owned by citizens is entrusted to the relevant city services.

Thus, by accepting a plot of land within the boundaries formed by the city, the owners of the premises of an apartment building would actually receive a huge territory, unsuitable for the needs of the owners, impossible to use to support the activities of the building management organization (HOA in in this case) and obtaining financial and other benefits by the owners, since any objects in protected zones engineering communications it is impossible to build, landscaping, playgrounds or parking lots are not advisable (as we all know, networks tend to violate their integrity). Whereas the costs of maintaining the common property of the owners would increase significantly, namely: land tax, maintenance costs, incl. costs of maintaining intra-block passages, which are used not only by the owners of this apartment building.

The owners of the premises of this apartment building authorized the chairman of the HOA to go to court and hire a qualified legal representative. Together with the HOA, we applied to the Arbitration Court of the Nizhny Novgorod Region with a statement challenging the actions of the City Administration Nizhny Novgorod upon approval of the draft boundaries of the land plot under the house and the obligation of the local government body to approve other boundaries that suit the owners. The arbitration court sided with the owners of the premises of this apartment building and made a decision in their favor, the appellate court supported the conclusions Arbitration Court Nizhny Novgorod region.

Another spoonful of nail.

Returning to the question of advantages that are not advantages at all. As an argument for speedy registration of land ownership, some residents cite this - the possibility of building useful and necessary facilities for citizens in the local area.
But here you need to know and remember that any territory in the city has its own purpose and on the site under an apartment building, for example, no one will be allowed to build a stall selling alcoholic beverages. The possibilities for using local areas are very limited. This is due to many factors: crowded residential buildings, urban planning restrictions, regulatory and technical requirements, etc. In addition, some people consider an increase in land ownership as a plus market value housing after registration of common ownership of land. Actually this is not true. The share in the land plot under an apartment building itself exists only hypothetically: it really cannot be sold, donated, or received a loan for it. The land plot cannot be separated from the residential building, i.e. deprived of independent negotiability. Just as the part of the common property owned by the owner is non-negotiable - a piece of the landing or a square decimeter of the attic.

Let's summarize.

Summarizing the discussion about the usefulness or harmfulness of privatization of the local area, one should remember one very significant circumstance: the transfer of land plots into ownership under apartment buildings, first of all, will reduce the financial burden of the local government, and accordingly, it is now very profitable for the authorities to “hang” expenses for maintaining home areas for citizens. Even a rough calculation shows that monthly payments owners can increase by an average of 150-400 rubles. Based on the experience of other countries, it can be said that being a landowner and property owner is very expensive. Such taxes can range from 6-7 to 15-25% of your total annual income. This is a very big minus, in my opinion, since trends show our country’s desire to repeat foreign experience incl. and in terms of increasing the tax burden.

Deputy Director law firm"PRECEDENT"

Elena Nikonenkova

Privatization of a land plot for a private house after March 1, 2017 is still carried out free of charge - the procedure has been extended until the spring of next year. Before activating the process, it is necessary to carefully study the information regarding the grounds for privatization, familiarize yourself with the list of documents required to be collected, and generally study the sequence of upcoming actions.

What does privatization give?

Even during the times of the USSR, the state provided land plots absolutely free of charge to the citizens of the country, suggesting that the latter would use them as territory for individual development or for farming. The land was leased, and no contribution was required from the managers Money for their use. At the same time, the persons who received the allotment had the right only to own the plot and exploit the land according to their own discretion. There was no opportunity to sell, rent out, or donate the rented space.

After the collapse of the USSR, the need arose to obtain private ownership of the land available for rent. For this purpose, the state opened the free privatization of plots provided to citizens. In other words, the state, municipality or regional authorities began to transfer ownership rights to land to those persons who owned the land or a private house, built within a specific site. Such a right is enshrined in the Land Code of the Russian Federation.

Thanks to the so-called “dacha amnesty”, which came into force on September 1, 2006, land areas under private houses, as well as some other categories of land, became possible to privatize in a simplified manner. Initially, the period of validity of the law was set until January 1, 2010. Subsequently, the date was moved several times and this moment free privatization of land plots for private houses and other categories of land has been extended until March 1, 2018. It is likely that such delays will continue for some time, but there is an opinion that by 2020 the procedure will no longer be free.

Advantages of land privatization

Privatization of a plot of land on which a private house is located has many advantages. A citizen receives the right to sell, bequeath, donate and perform absolutely any actions with his legal property. In addition, if you do not take care of privatization in time, there is a risk that you will subsequently be left without a land plot altogether - the state may well withdraw it from use, without taking into account the fact that a house owned by it is located on it.

Based on this, lawyers strongly advise persons who own private residential buildings to take care of the future of the lands on which they are located as quickly as possible and go through the privatization procedure, which provides the legal right of ownership and full disposal of the plot.

When is privatization possible and in what cases is refusal likely?

The procedure for privatization of land area under a private building is carried out free of charge if:

1. The territory on which a private house is located is provided to a citizen by right of lease for the purpose of individual development or farming.
2. The house located on the site is owned by the citizen as a result of the purchase. In this case, the transaction must be completed before October 30, 2001, that is, before the Land Code comes into force.
3. The land is subject to the right of perpetual use.
4. The plot was received for use as a summer cottage, garden plot, as well as land under garage buildings.

An important point is the possibility of privatization of the territory under private houses, received for use before October 30, 2001, when the Land Code of the Russian Federation acquired its legislative force. The free procedure does not apply to plots or buildings received and acquired later.

The desire of a citizen to privatize the land that is at his disposal cannot be rejected. As an exception, situations may arise when a private house is located on lands withdrawn from circulation, for example, contaminated with chemicals or within the boundaries of plots reserved for state needs. These can be environmental objects, water fund lands, parks and other categories of land.

A citizen who has not previously participated in such a procedure has the right to apply for free privatization. Repeated privatization is unacceptable. This applies not only to land plots, but also to other types of real estate.

The process of privatization of land on which there is a private residential building begins with the collection of mandatory documents and their submission to the administration authorities or the MFC.

The list of main documents does not change from year to year, but due to various nuances regarding each specific case, auxiliary certificates may be required. Before starting the collection procedure, it is recommended to clarify the specific list with the local Land Committee.

The list of documents includes:

1. Statement. The form must be filled out by the owner of a private home or the head of an organization claiming ownership. The sample is provided to the Land Committee and requires information about the applicant, including TIN and address. The request addressed to the government authority is also indicated here, in this case - permission to privatize land under a private building.
2. Passport of the person applying for privatization of the site.
3. A document confirming the right to use the plot. This may be a lease agreement, an act of inherited ownership or perpetual use of the site, or an agreement confirming permission to develop the provided site on an individual basis for personal use.
4. Technical plan, as well as cadastral passport of the land plot.
5. Documents covering the standard cost of the site. You can get the paper at the Land Committee office.
6. Help containing information about estimated value put it on. The document is prepared at the BTI.
7. A certificate of the area of ​​the plot and the amount of tax collection received from the tax authorities.
8. Documents confirming the right of ownership of buildings located on a plot of land.
9. Cadastral passport of a house or other structure built within the boundaries of a land plot.
10. Certificate from the BTI about the cost of the building.
11. An extract from the Unified State Register of Real Estate, containing information regarding all persons who have rights to a land plot and confirming the existence of such. Information about citizens or organizations that previously registered ownership of the plot on the basis of other documents should also be recorded here.

If the house is owned by more than one citizen, the consent of all owners of the building will be required. Failure to reach an agreement will require recourse to the courts.

Situations often arise when a site is not registered with cadastral chamber. In such cases, first of all, you will need to take care of registering the plot of land in the real estate cadastre and obtaining a cadastral passport. To do this, the applicant should contact the local municipality and voice the requirement to register the territory.

Further actions are carried out by specialists in geodetic works, which determine the physical characteristics of a particular site. Based on the information received, a corresponding act is drawn up. This procedure requires additional payment and is included in the applicant’s personal expenses.

Similar actions should be carried out if the allotment’s boundaries are not defined and documented. It will be necessary to carry out a land surveying procedure, which can significantly increase the time of the privatization procedure.

Price

Privatization of the territory under private building is carried out on a free basis, which implies the exclusion of the purchase of land under construction owned by a citizen. In this case, you will only need to pay a state fee of 2000 rubles.

In addition, you will probably need to take care of completing the missing documents, for which you will also have to pay a fee. In particular, this applies to a cadastral passport, the cost of which ranges from 1,500 to 3,000 rubles. This also includes the land surveying procedure, the price of which varies from 8,000 to 12,000 rubles.

The administration is given 30 days to consider the application, and the simplified procedure has further shortened this period - the registration procedure takes no more than 2 weeks. After specified period the authorized person is obliged to provide consent or refusal to privatize. In this case, the latter must be supported by a corresponding document indicating the reasons for the refusal.

If the applicant has not completed any paperwork required when submitting an application, the privatization process may be delayed. Thus, the preparation of a cadastral plan and the land surveying procedure can take from 7 to 14 days.

In addition, various controversial issues are possible, the resolution of which will require going to court, for example, disagreements between the owners of neighboring plots regarding the boundaries of their plots. Often the process is delayed due to errors in title documents, as a result of which they need to be re-issued. It is for this reason that before starting the procedure and collecting papers, you should first obtain advice from a specialist in land issues.

Privatization of land under a private house is still a relevant and popular procedure. No wonder, possession land allotment gives the absolute right to dispose of the site at its own discretion. It is important to remember that at the moment the procedure is carried out free of charge and this will last until March 1, 2018. It is unknown whether privatization will be allowed in the future, so owners of private houses are recommended to begin registering land ownership rights as quickly as possible.