Who does not want in our time to profitably acquire ownership of land for construction? The state has created favorable conditions for the development of private property. Documents on the land plot establish the onset of legal rights that provide the owner with the opportunity to own or use the property, to carry out various transactions with the land (purchase and sale, donation, etc.).
An important document in the transfer of any property is the act of choosing a land plot. What is this document? What is it for? How is it made out? In our article, readers will receive answers to many questions of interest to them.
Appointment
The act of choosing a land plot refers to documents establishing the exact location of a land plot, the location of construction objects or utilities. The document contains accurate data on the area, registration with the State Property Committee, the intended use of the property, as well as information on borders, adjacent land users. An individual land plot selection act is drawn up for each property. A sample document is discussed in our article.
The legislative act consists of several components interconnected. Until May 01, 2015 it could be issued at the municipal, administrative service of any region of the Russian Federation. Currently, for some reason, it is issued by state bodies or local government services. Why is this situation?
Legal status
According to the new model of the RF Labor Code, which entered into force on May 1, 2015, it is no longer necessary to provide this document to obtain land ownership. It has been removed from the new edition of the RF Labor Code. Instead of agreeing on a place for construction, the customer, according to the new legislation of the Russian Federation, is required to prepare documents on the planning and organization of the territory of the property.
What is the current situation?
Without bidding, plots will no longer be sold. Currently, construction projects can only be rented at auction (according to the Federal Law of the Russian Federation No. 171 of the new edition of the RF Labor Code and other legislative documentation). To obtain land for construction, documents on the planning and organization of the territory will be required. An act of preliminary selection of a land plot is executed when the decision on the transfer of land was made before May 01, 2015. Only in this case, the customer will have a chance to really get this document on hand.
Registration of the land selection act will be carried out until May 01, 2018. Such objects can not be provided to other citizens for about three years. Land plots are protected from bidding. They cannot be leased or sold through auction. The form of the act of choosing the land has not changed.
For example, citizen Andrei Voronin, who lives in Samara, decided to buy a plot for the construction of a garage. What is required for this? First of all, you need to contact the local government. The land selection procedure has now been simplified. According to innovations, the planning and organization of the territory is carried out first, and then the object is transferred to the property according to its intended purpose. As a result of the work, a layout of the boundaries of the land plot and a project for land surveying are drawn up. The basis for the acquisition of real estate for construction is the decision to provide the property in the property and the contract of sale.
On what basis is issued
The act of preliminary selection of a land plot comes into force from the moment of signing the document. Its design is carried out according to the old model in accordance with the legislation of the Russian Federation. The main documents that control the selection and provision of real estate for construction include:
- ZK RF a new sample.
- Federal Law No. 137 of 2007
- Federal Law No. 221 of 2008
- Regulation No. 667 of 2007
Content
The document consists of several parts. The legislative act contains a specific list of text and graphic documents. These include:
- Land allotment project. This document reflects all existing restrictions on its use (location in relation to the water protection zone, gas pipeline, power lines, etc.). It accurately indicates the location of the land in relation to other real estate, utilities.
- The layout of the boundaries of the land. It displays the following data of the allocated real estate object: address, area, coordinates of turning points, intended use, borders, information on adjacent land users.
- The composition of the commission, which was engaged in the survey of the object.
That's what constitutes the act of choosing a land plot. The sample gives an idea of the direct purpose of the document.
Land allotment project
The legislative act is drawn up on the basis of the decision of the state body or local government, as well as the contract for work in cases where the object is transferred for use, property or rental, transactions with land are made. The land allotment project includes the necessary text and graphic information about the object, which displays the location, configuration, location of the object relative to the security zone.
The layout of the boundaries of the land
Any real estate in the territory of the Russian Federation must be recorded and executed in the relevant documentation. The layout of the boundaries of the land is a document that displays the schematic location of the object on the Cadastral plan. It provides an accurate description of the site. The document contains information about the boundaries of the object, data on its intended use, information about related land users.
Commission composition
Preparation of the act of choosing a land plot is a laborious process, which can be accompanied by various surprises for both the customer and the contractor. That is why the choice of a place for construction is carried out by a commission that examines the property. The legislative act lists the composition of the members of the commission, lists all positions, surnames and other details. All members of the commission participate in the signing of the document.
Who is involved in the design
The document was drawn up until May 01, 2015 by the municipal administrative service after approval of the decision on the provision of land. The customer submitted an application for preliminary settlement of the territory for construction. Between the contractor and the customer an agreement was concluded for the work. The municipal administrative service appointed a cadastral engineer who was involved in the collection, approval, approval of documents. As a result of the work, a land plot selection act was issued (the execution of each document requires an individual approach to any object). Currently, the provision of the legislative act is carried out by state bodies and local government services of the Russian Federation.
Today, work on the provision of the act of choosing a land plot takes about 30 working days. The procedure is paid. The cost of the document in Moscow and the Moscow region is about 30 thousand rubles. Prices in other regions of the Russian Federation depend on various factors: remoteness, transport accessibility, etc.
How to get a
The provision of the document is carried out in accordance with all the requirements of the current legislation of the Russian Federation. It contains important information about the technical characteristics of the site, necessary for the construction of any property. The receipt of the act of choosing a land plot until May 01, 2015 was carried out in stages:
- The customer was required to submit an application to the municipal, administrative service of his intention, on the basis of which an agreement was concluded to conduct work to provide a land plot.
- Municipal, administrative service on the basis of land management documents, as well as information from the State Property Committee took into account urban planning, environmental and other requirements, chose an object, approved the act of choosing a land plot.
- The customer paid for the services of state design organizations, carried out the necessary surveys on the territory of the facility, received technical requirements for connecting to utilities, filled out documentation on the provision of land in accordance with the legislation of the Russian Federation.
- The approval of the document was carried out in all instances.
After the release of the new edition of the RF Labor Code, the procedure for submitting a legislative act was somewhat simplified. The document is issued only to those customers who received the decision of the municipal administrative service before 01. 05. 2015
For example, Viktor Pugovkin wanted to buy land for building a house and turned to the municipal administrative service, which considered the citizen's application. The decision on land allotment by the state body was made before 01. 05. 2015. For family reasons, Viktor Pugovkin was unable to pay for land allotment work.
However, he can still order and carry out the procedure. What will he need for this?
- make a copy of the decision to provide the property to the property;
- pay for the services of design organizations;
- carry out the necessary surveys on the land;
- Get technical requirements for connecting to utilities;
- draw up documentation in accordance with the requirements of the Russian Federation;
- coordinate the document in all instances.
Statement
The procedure from 01. 05. 2015 is not carried out. The approval of the land plot selection act was carried out by the municipal administrative service free of charge. The main document by which the event was held was considered the regulations. The act of choosing a land plot was provided in accordance with the Federal Law of the Russian Federation No. 131 of 2003, which accurately established the terms and procedure for the work. The service was provided in person, by phone, mail, online. The result of the procedure was the signing of a decision on the transfer of land.
Researches
The contractor, on the basis of all the collected documents, conducts topographic, geodetic and other surveys. The specialist shoots the boundaries of the property, fixing pivot points with boundary marks, calculating the area and coordinates. Researches are carried out in two stages: in the field and office conditions. To this end, modern equipment and new software are used.
The land specialist specifies the cadastral number of the object, its intended use, collects information about all adjacent land users, and resolves land disputes between neighbors. This is where the field work ends. All information is processed in office conditions: all calculations are carried out, necessary indicators are calculated, statistical data are processed.
Matching
An important procedure is the approval of the act of choosing a land plot. The legislative act is certified and signed by members of the commission who took part in the allotment of the property. It indicates all the necessary details of the event participants. Coordination of the act of choosing a land plot is carried out in the presence of the customer and the contractor, which is appointed by state bodies. If necessary, the document is signed by other authorities. The result of the procedure is the execution of the act of choosing the land.
Conclusion
According to the legislation of the Russian Federation, the act of choosing a land plot will be issued to citizens by 2018. To draw up a document, you should contact the public service. In order to obtain the necessary information, we recommend using the services of specialists. Legal advice is given over the phone and online. The state is interested in protecting the rights of citizens of the Russian Federation. All innovations were adopted in order to improve the procedure for providing land and the specifics of urban planning regulation. However, no matter what is done, all for the better. Only time will tell whether new reforms will benefit.