So, today we will be interested in the procedure for registering a land plot as a property. In fact, now in Russia it is not as difficult to implement this idea as it seems. The main thing is to study the legislative framework, which will tell the algorithm of actions. And find out all the nuances of our today's process. And there are a lot of them. The main problem of registration of land ownership is the collection of all necessary documents. They will have to spend most of the time.
When design is possible
Registration of a land plot is far from always possible. There are times in which you can forget about our process today. Therefore, before you collect documents, find out if you are available for registration of real estate in private ownership. Thus, we can hope for this process in the following cases:
- upon receipt of the land by inheritance;
- by gift;
- possession of the right of permanent use (unlimited) ;
- with the right to lease with the state;
- on the "summer amnesty."
As you can see, it is far from always possible to get a land plot into ownership. Only, as practice shows, many succeed. If you are convinced that you have a chance, you can collect documents. Unfortunately, in different cases it will be necessary to act in different ways. The most difficult processes are the use of a "summer cottage amnesty" and registration of land upon receipt of an inheritance.
Get the inheritance
So, the first case is the transfer of land use rights by will or by law after the death of the testator. The most common scenario. Registration of the land in this case begins with the entry into the inheritance. Only then can you do other paperwork.
You have 6 months to get a share or the whole land. If you did not enter into the inheritance without a good reason before this time, you can forget about the land forever. She will pass to other heirs in line!
How to enter into an inheritance? This must be known to those who receive the land or any other property by inheritance. First of all, you must write your consent to receive a share or all of the land. This is done by a notary public. But then begins the collection of all necessary documents for obtaining a certificate from the notary public about the transfer of land to your property. To do this, you need:
- get a cadastral passport to the land;
- take an extract from the Unified State Register in the form No. 3 (in the name of the testator);
- assess the value of land;
- get a certificate from the place of residence of the testator (taken in the passport office);
- present documents of kinship with the previous owner of the site;
- attach a will (if any);
- the death certificate of the testator is useful;
- to bring a certificate from the register (for summer cottages).
Perhaps these are all documents that can only come in handy. Unless you additionally need a court opinion on restoring you as an heir if you decide to return the right to receive the testator’s property six months after the opening of the inheritance.
Some are interested in what can serve as documents confirming kinship with the testator. The main documents are birth and marriage certificates. These are the most common cases. Try to bring them along with your copies. And do not forget about a civil passport!
Now you can continue to register ownership of a land by inheritance. With the above documents you need to contact a notary. He will give you a paper confirming the transfer of land to you by inheritance. Next comes the final stage of the process.
Registration of a certificate from a notary
It is about registering a certificate that was issued by a notary. In fact, everything is not as difficult as it seems. Especially if you have collected all the necessary documents in advance. To complete our process today, take:
- certificate from a notary public;
- Your passport;
- cadastral passport to the land;
- documents on inheritance matters (obtained from a notary public);
- death certificate of the testator.
These documents must be in duplicate - copies and originals. Then take them to the registration chamber and pay the state fee there (it amounts to) for obtaining a certificate of ownership of land. An extract from the Unified State Register is being issued now. After about 10-14 days, it will be possible to get a certificate of ownership from the registration chamber.
Rent and perpetual use
What's next? Now you can consider the procedure for registering a land plot as a property under a lease agreement with the state, as well as for rights of perpetual use. This process proceeds with great difficulties and costs (both monetary and temporary). Fortunately, if you prepare in advance, you can put the idea into practice without any problems.
To get land in private ownership, you must:
- make a geodetic plan of the site;
- take the master plan (in the BTI);
- get a cadastral passport for registered land;
- write an application for a land ownership;
- make land surveying;
- put the land on cadastral registration;
- pay the fee for the registration of the site in private ownership.
If briefly. But in fact, everything is much more complicated than it seems at first glance. As soon as you have a geodetic and master plan for the site, you will have to contact the administration of your area. There you write an application for registration of land ownership. But for this you have to show:
- Act on the transfer of land to your possession;
- general plan of the earth;
- cadastral passport;
- permission of guardianship authorities (if there are minor children among the owners).
Then you have to wait a while. Paperwork in this situation is far from the most important. The administration must give its approval to receive land as private property. This permission will have to wait. Usually, about a month is allotted for “pondering”. But, as practice shows, you can wait about 3-4 months. Be prepared for this.
A small nuance: when it comes to renting, you must first buy the land from the state at the cadastral value. You will receive a contract of sale, which is attached to the application for registration of land in private ownership. When a perpetual use agreement takes place, no additional cash expenses are necessary.
As soon as a positive answer is received, land surveying and registration of the site is carried out. In the end, you can take a new cadastral passport. Next is the registration of rights to the land. This is done according to a certain scheme.
You will have to contact the registration chamber. All owners need to do this. As an option - a visit to the MFC. Present the following package of documents there, and then wait for an answer:
- land surveying plan;
- passport of the future owner;
- cadastral passport to the land;
- the basis for the transfer of land to your possession (contract of sale or land for unlimited use);
- receipt of payment of state duty in the amount of 2,000 rubles.
Please note: if a proxy is contacted by the registration chamber or the MFC, the person will have to present a power of attorney to carry out a transaction. Do not forget to make copies of all documents - they are also required without fail.
In response to the documents you will be given a special statement that you will need to sign. Then it remains to wait until the fact of registration of land rights occurs. This takes approximately 2 weeks. Next, you will be given a certificate of their USR.
If you think about it, then the cost of registering a land plot as a property in this case can vary. But in general, you have to pay a lot of money. Therefore, the most common cases are execution under a gift agreement or by inheritance, as well as under a "summer amnesty".
By gift
The next scenario is gift giving. At the moment, this is the most common form of transfer of property among relatives. Therefore, the procedure for registration of land in the property is somewhat simplified. What will you need to do in order to realize our current idea?
First of all, a notary on a land plot is issued by a notary. A gift contract is required, as well as the passport of the donor and the donee. The past owner must necessarily attach the following documents:
- extract from the BTI;
- land plan;
- assessment documents;
- cadastral passport;
- receipt of payment of a fee for a gift deed;
- Documents on the absence of debts (necessary for the donee).
The notary will verify the conformity of the land documents, as well as the terms of the gift agreement. In the absence of any violations, the agreement is signed. The notary issues a certificate of transfer of land rights to the recipient under a gift agreement. Already with this document you will have to contact the registration chamber in order to draw up papers for new certificates in your name. This process will not differ from inheritance of land. Perhaps, instead of a will, a deed of gift is required.
Please note - you will have to pay tax upon receipt of the property. The cadastral value of the plot should be taken into account. From it will have to pay 13% of the price. The exception is cases when the gift is framed by close relatives. Among them are:
- grandchildren;
- parents
- spouses;
- brothers
- grandparents;
- sisters;
- children.
In all other cases, it will be necessary for the inheritance and for the gift to pay 13% of the value of the plot. Without this payment, you have the right to take the land.
Obtaining a cadastral passport
As you can see, you can not do without such a document as a cadastral passport. But how to get it? A piece of land without this paper is simply impossible to take ownership of under any circumstances!
This is not as difficult as it seems. First you need to write an application for the issuance of this document. Further it refers to the registration chamber or multifunctional center. Attach to it a copy of the passport, as well as a death certificate of the past owner or any other document that confirms your need for paper (if this is not a passport in your name). This may be a deed of gift or a will. If you get a passport in your name, a civil identification card is enough.
Next, you will need to pay the state fee. A plot of land will cost individuals 200 rubles, legal entities 600. Attach the receipt of payment to the application. All, you can apply to the registration chamber!
In exchange for the application, you will be issued a receipt stating when it will be possible to come for a cadastral passport. At the appointed time, contact the IFC or the registration chamber with your passport. You will receive a cadastral passport. That's all, you can make the land in the property!
Cadastral registration
As soon as you put the idea into practice, you will need to contact the registration or cadastral chamber to register the land again, but with new information about the owners. For this you must present:
- receipt of payment of state duty (200 rubles for individuals, 600 for legal entities);
- passports of owners;
- survey plan with a CD-ROM (if issued);
- geodetic plan;
- extract from the Unified State Register of Property on ownership (or certificate of land rights);
- documents-grounds for the design of the site (contract of sale, gift, testament, decree on unlimited use);
- permission of the guardianship authorities for the process (for minors).
It's all. It remains only to write an application for a cadastral passport and registration of land. This must be done by each owner. Next, you will be issued a statement in which, like when obtaining a passport, the date on which you can pick up the relevant documents is indicated. Next, with an identity card, return to the registration chamber at the indicated time. That's all, you again put the land on the cadastral register!
Country amnesty
Recently, a concept such as "country amnesty" has appeared. It has made life easier for many citizens. Now, private ownership of land in certain cases occurs in a lightweight version.
This law was adopted on June 30, 2006 (Federal Law No. 93 "On Amending Certain Legislative Acts on the Issue of Simplifying the Population's Rights to Certain Real Estate Objects in a Simplified Form"), and entered into force on September 1 of the same year. With it, summer cottages and objects on these lands to make private ownership easier. Although not in all cases. You could say this is a private property law that many have been waiting for. But he has his own characteristics. Which ones?
Firstly, the duration of the amnesty is limited. In most cases, privatization is available until March 1, 2018. After that, "summer amnesty" ceases to operate. Therefore, if you want to take ownership of the land and objects on it, hurry up! But the members of gardening, summer cottage and gardening partnerships were more fortunate. According to the established rules, they can deal with privatization quietly until December 31, 2020.
Secondly, not everyone has a cadastral plan for the site, as well as documents confirming land rights. In this case, the "summer amnesty" brings certain troubles.
Thirdly, keep in mind that the procedure for registering a land plot as a property under a "summer amnesty" will require you to pay a state fee of 1,000 rubles. This is not too much. But additional expenses will also have to incur. For example, for surveying a site. All such expenses are paid by the future owner.
You must contact the IFC or the registration chamber with the following list of documents:
- paid duty;
- an application for the design of the site and objects on it;
- passport of a citizen of the Russian Federation;
- cadastral plan;
- cadastral passport;
- documents grounds for registration of land rights;
- registration certificate.
Only 30 days - and it's done, you will get the opportunity to issue an extract from the Unified State Register of Enterprises, which will confirm your rights to land and objects on it. There is nothing difficult if you have a cadastral plan and the grounds (documented and confirmed) for obtaining the appropriate permission to execute documents for the site.
The legislative framework
Special attention is required to laws that impose restrictions on our current process. They are spelled out in the Land Code of the Russian Federation. Property registration is a complex process. The code indicates the decryption of public and private property. The first is the one that is in the power of the state, and the second is with individuals and legal entities. Foreign citizens, according to the Land Code (Article 15 Clause 3), can not register property if the land is located in the border areas.
It is also worth paying attention to the so-called country amnesty. This is also a law that indicates how property can be registered. But, to be honest, the Land Code is becoming fundamental. Having studied it, you can find out all the features of our today's procedure.
What can not be issued
Private ownership of land does not always take place. In some cases, you have every right to refuse this process. Which sites are subject to restrictions?
Among them, you can find reserves, as well as land belonging to the country's security services. This also includes areas that may be useful to the Armed Forces of the Russian Federation for military maneuvers.
Locations that have any cultural or historical value also do not make out as private possessions. These are all the restrictions that currently exist in Russia. The procedure for registration of land in the property is simple. If you prepare correctly, you can privatize in just 2 months!