Today we will try to figure out how to get the land into ownership. This is actually not such a difficult process. Especially if you prepare in advance. Yes, there are many cases in which paperwork will take place according to different algorithms. But they will have to be considered in full. After all, only then it will be possible under any circumstances to issue land into private property without any problems. What features of this process should you pay attention to? What should the future owner know about our current manipulations?
When can I issue
The procedure for the provision of land ownership is diverse. But the similarity between certain cases is still there. First of all, it should be understood when a citizen has the right to registration. After all, you can’t always be able to perform this operation. In Russia, land can now be privately owned:
- under a gift agreement;
- inheritance (by testament or by law);
- at permission of unlimited use;
- if there has been a sale of land;
- when a lease is entered into with a municipality or state;
- on the "summer amnesty."
As you can see, there are a lot of options for the development of events. In fact, most land without problems is transferred to the private ownership of citizens. It is only necessary to correctly conduct the procedure for collecting and submitting documents for the implementation of the process.
Bans
It is far from always possible to obtain the right to a land plot. In some cases, under no circumstances will you be able to draw up the relevant documents. In Russia, small restrictions are set in this regard. Which ones?
So, the first scenario is an attempt to register land that is in the status of a reserve or cultural / historical heritage. In this case, you will definitely be refused. It is impossible to obtain land in private ownership, which is considered a reserve or historical and cultural value.
The second option is a ban on the process if the land belongs to the power of the security services of the Russian Federation. Or if the site can be useful for training / military operations of the Armed forces of the country.
No further significant restrictions. It doesn’t matter if you make out a garden plot into a property or a summer cottage. The fact remains - depending on the situation, you need to collect a certain list of documents and present it to the relevant authorities. The possibility of obtaining land in private ownership takes place.
Get the inheritance
The most common case is a process that is carried out directly during the transfer of inheritance to one or another person. It does not matter in what form - by law or testament. How to register a land plot under such circumstances? This is not as difficult as it seems.
First of all, you must open the inheritance and enter into it. You have six months to complete the process under the law. During this time, you must contact a notary and write your consent to receive land from the testator in the property. Once this is done, you can go to collect documents, which are then transferred to obtain a certificate of inheritance. It will come in handy when registering property in the registration / cadastral register as your property.
So, the notary must be presented:
- cadastral passport to the land plot;
- results of the valuation of real estate (an appraiser is invited to do this);
- a certificate from the last place of residence of the testator;
- agreement on appraisal activities;
- document of kinship with the former owner of the land;
- extract from the Unified State Register;
- will (if the inheritance is not obtained by law);
- for summer cottages and garden plots an extract from the register is required.
It is also additionally necessary to take permission to register the land as property from the guardianship and trusteeship authorities if the minor is the owner. And you need to get an extract from the tax authorities if your testator once received a plot under a gift agreement, as well as an inheritance.
The above list is transmitted to the notary. Do not forget to make copies of documents. The notary will give you a special certificate that will establish the fact of accepting the land as an inheritance. You will have to work with him further.
The final stage
How to make a land plot a property? As soon as you have a document from a notary public in your hands, you need to contact the registration chamber as soon as possible. Or a multifunctional center that provides services to the population. Present there:
- written statement of ownership of the land (for registration);
- passport of a citizen of the Russian Federation;
- certificate from a notary public for inheritance;
- documents confirming the death of the testator.
In addition, you will have to pay the state fee for registering land as private property. At the moment, will have to give 1,000 rubles. Attach proof of payment to the application. The collected package of documents must be referred to the cadastral or registration chamber. Do not forget about the copies - they are also needed in the required order. In response, you will receive an extract that will allow you to get a certificate of land ownership at some point.
As soon as the time comes, return to the MFC or the registration chamber to complete the process. Take the passport and statement that you were given when applying for registration of land ownership. Get a certificate, as well as a new cadastral passport. It's all.
Deadlines
What else should you pay attention to? Before considering the remaining cases, it would be nice to know how long the recognition of ownership of a land plot lasts on average. In general, the timing is varied. Much depends on what method you have implemented.
On average, this process needs to be spent about two months. This is taking into account the collection of documents and the appeal to a notary. But the answer from the registration chamber usually comes in about 2 weeks. In some cases, they ask to wait a month.
The most lengthy process is the case of land registration in the property under a lease agreement with the municipality or the state. In such circumstances, you will first have to wait for approval from the administration. The average waiting period is 1 to 3 months. So be patient. If you collect all the documents in advance, it will be possible to shorten the process by several weeks. So get ready!
Giving
Also, one of the most popular methods of obtaining property is to draw up a gift agreement. Donations in families help to eliminate a variety of incidents and discontent, as well as the division of real estate after the death of the testator. Donation of the land occurs in the same way as any other real estate.
To begin with, the donor must draw up a contract. Then he collects documents for the apartment:
- cadastral passport;
- land surveying plan;
- extract from the BTI;
- certificate of absence of debts;
- master plan of the earth.
As soon as the owner has these papers with copies, it is necessary to go to the notary with the donee. Do not forget your passport! Next, the notary checks the conformity of the data on real estate and clauses of the gift agreement. If there are no complaints, the parties sign an agreement. In exchange for it, the notary will issue an extract on the transfer of real estate to the new owner. Next, you will have to act by analogy with the inheritance - you apply to the registration chamber with the documents listed above, and then at the appointed time you pick up the new cadastral passport of the land plot and a certificate of ownership. Only instead of a will when applying, it is necessary to attach a deed of gift.
Unlimited use or rental
The more time-consuming process is the process of registering a property in the case of unlimited use or a lease with the state. In this case, you will have to incur certain additional expenses. What awaits the future owner? How to make a land plot a property?
First you must order a geodetic and master plan of the earth. Next, you will have to contact the administration of your city (district) to draw up an application for obtaining ownership rights to the site. To do this, write this document and attach to it:
- land plans received;
- cadastral passport of a land plot;
- acts on the transfer of real estate into possession;
- copy of passport.
Next, you need to wait for an answer. Pay attention to one feature of the process. If there is unlimited use, no additional expenses will be required from you. But under a lease agreement, you will have to first buy the land from the administration and attach the relevant purchase documents to the application. How much is a hundred square meters of land? The price depends on many factors. That is why a cadastral passport is needed - it indicates the land area and cadastral value. It is at this price that a buyback is made.
After reply
What to do next? If the administration gave the green light to the design, you can implement the idea. The worst is over. Now it is necessary to make the so-called land surveying and put the land on cadastral registration. Next, ownership is registered. Privatization of the site will now be limited to contacting the registration chamber (or MFC) with the documents:
- passport
- cadastral plan and relevant passport;
- the basis for the transfer of ownership of land.
Additionally, you will be required to pay a state fee of 2,000 rubles. Next, you will receive a document that will indicate when you can return for a certificate of ownership. Do not forget to bring your passport. Remember, no one can register a land plot for ownership. Any expenses from you anyway will be required.
Obtaining a cadastral passport
Now it’s clear how to make the land ownership. In fact, everything is not as difficult as it seems. Without a cadastral passport, you will not be able to act. But how to get it? What is required for this?
Nothing special. The first step is to pay the fee for receiving the document. For legal entities it is 600 rubles, for individuals - 200. Payment confirmation must be brought with you in the original. Next, go to the cadastral chamber and write an application for a passport. It indicates all the exact data about the site. Do not forget, your passport will also be required.
It's all. Now it remains only at the appointed time to come for the ordered document. On average, it will take up to two weeks to wait. Do not forget your ID. By the way, instead of the cadastral chamber, you can contact the IFC. True, the waiting period of the document in this case will increase.
Registration
Recently, a lot of land ownership is transferred to citizens. And one day it is necessary to put the land on cadastral registration. How it's done? The process is slightly different from obtaining a passport of the same name. To get started, collect the documents. This is about:
- certificates of ownership (taken by each owner);
- agreement based on the operation (donation, testament, perpetual use, sale of land, certificate from a notary public);
- passports of owners;
- boundary, general and geodetic plan of the site.
In addition, you will have to pay a fee for obtaining a cadastral land passport (600 and 200 rubles for legal entities and individuals, respectively). Write a statement in the cadastral chambers and attach to it the above package of documents. When there is a minor among the owners, you will need to obtain permission from the guardianship authorities for the operation. It's all. Then you can wait until a new cadastral register is issued and issued to you.
"Country amnesty"
In 2006, the so-called summer cottage amnesty was adopted. These are peculiar amendments that facilitate the process of registering private property expressed by land and objects on it. Certain problems may arise for citizens who do not have a cadastral passport and documents justifying the transfer to use of the site.
First, prepare all the relevant documents. Among them are:
- declaration of construction;
- cadastral plan and passport;
- documents confirming the receipt of land ownership;
- civil passport of the future owner;
- payment of state duty (1,000 rubles);
- application for privatization.
Further, all this is provided in the MFC or in the registration chamber. A garden plot (a summer residence, gardening) located in partnerships can be registered as property under a "summer amnesty" until December 31, 2020. But in all other cases, you have to hurry. After all, you have to meet the deadline until 2018, until March 1. Otherwise, the privatization of the site does not take place.
Please also pay attention to the fact that if there is a lease, as well as without a "summer amnesty", you will have to first redeem the land and objects on it. How much is a hundred square meters of land? The price, as already mentioned, is set different. But it will not require a market, but a cadastral one. It is for her to make a ransom. There is nothing difficult about this.
Now it’s clear how land can be registered in a particular case. Please note that now you will not receive a certificate of ownership of the site. Due to recent changes, only an extract from the Unified State Register of Enterprises is being issued as a confirmation of the fact that the property is owned by citizens. It operates indefinitely, but you have to constantly order it. After all, it only indicates that at the time of issue you really had the rights of the owner. As you can see, the procedure for providing land ownership is diverse. Depending on the situation, certain features are waiting for you. But if you collect all the necessary documents in advance, you can easily cope with the task.