Often people build houses, garages or other structures on the site, which they can use on the basis of a lease or gratuitous transfer, but at the same time it is not correctly registered in the property. Under such conditions, land privatization is required to be able to manage the building together with the territory. Therefore, you should understand the requirements for this process, in the necessary documents and nuances that you may encounter during its implementation.
Is privatization mandatory?
Land can be used for different purposes on the basis of a lease or an act of unlimited use of land. These documents are issued by state or municipal authorities. If the state institutions need the territory for any purpose, then the documentation can be withdrawn at any time.
If at all there are no documents on the land, then the construction of buildings on it is considered an illegal process. Therefore, the privatization of a plot of land is often a necessary procedure.
Privatization is represented by special sequential actions, on the basis of which an object is transferred from state ownership to a private owner. Without it, it is impossible to carry out transactions with the site, since a person has no rights to the territory.
Privatization of land is considered mandatory in situations:
- conducting various transactions with objects built on the territory, and such transactions may be represented by sale, exchange, gift or other actions;
- renting an object;
- division of property between citizens;
- using the building as collateral in obtaining a large loan;
- construction of additional facilities on the ground.
If you plan to implement any of the above actions, then you must first focus on the proper conduct of privatization.
When can the process run?
Privatization of land is allowed under the conditions when:
- the plot is provided on the basis of a lease, moreover, the purpose of the land is IZHS or it is used for subsidiary plots;
- the territory was transferred on the right of perpetual possession with the possibility of inheritance, therefore, there must be an appropriate act;
- the user is a member of various non-profit organizations - horticultural, vegetable garden or country.
The above conditions allow the registration of land in the ownership of a citizen.
When is the procedure not allowed?
It is impossible to privatize land, even if it is located under a private house, if the territory has been withdrawn from circulation. It can be intended for various state purposes or for the location of the troops of the Russian Federation.
The process is also prohibited if the site is located in a reserve, park or other public place intended for public use.
If there are no restrictions, then land registration will not be difficult; after the completion of the process, various actions may be performed with it, involving sale, exchange or gift.
Legislative regulation
The procedure is regulated by various legislative acts:
- numerous articles of the LC;
- Federal Law No. 178, which describes the rules for the privatization of land owned by the state or municipality;
- Federal Law No. 93, on the basis of which it is possible to use a summer residence amnesty, which allows simplifying and free ownership of various objects;
- Federal Law No. 218 contains information on the rules for registering rights to various types of real estate, and also provides details of transactions with them.
It is precisely on the above acts that one should be guided in the process.
Advantages and disadvantages
Privatization of land under a private house or other building has both pluses and minuses. The positive aspects include the following:
- after registering an object as a property, you can make different transactions with it, so it is easily sold, exchanged or leased;
- guaranteed absence of claims on real estate from third parties;
- the authorities will also not be able to select this object, and if there is a land lease or other similar agreement, the territory may be withdrawn for state purposes.
Of course, this process has some disadvantages. It is necessary to calculate and pay the tax on property received annually.
Who can use the process?
Land privatization can be realized by every person who uses the property indefinitely. Moreover, the territory is provided to him free of charge in the property.
Persons shall have preemptive right:
- built on the territory of the objects represented by residential buildings, garages or other buildings;
- land is used on the basis of a lease drawn up with the municipality, and its main purpose should be the ability to implement individual housing construction on the territory;
- a house was built on the plot, which is used on the basis of a lifetime possession with the possibility of inheritance;
- located in a garage cooperative, and may also be the property of a gardening partnership.
In the presence of the above conditions, a person can take ownership of the land for free.
Property Privatization Rules
Privatization of land under a private house can be carried out without taking into account local legislative acts, as the necessary information is given in federal legislation. Local authorities can only deal with various issues that relate to this process.
The procedure depends on how the citizen uses it. If a summer amnesty is used for this, then it is enough to just register the object and register the right. If such a simplified scheme cannot be applied, then land surveying will have to be carried out.
A country amnesty is used if land privatization is required. What year can I use it? This amnesty has been extended until March 2018, after which it will not be possible by a simple method to arrange an object for free.
Registration on the cadastral register is a mandatory step, since due to it a specific cadastral number is assigned to the site, and it also receives the address. Based on these data, you can get information about the site in Rosreestr.
What documents are required?
The privatization of land under a garage or house requires the preparation of certain documentation, which is then transferred to the administration of the region. These papers include:
- application in the correct form, the form can be taken directly at the institution;
- a technical plan for real estate, and if it is absent, then it will have to be ordered from engineers, therefore the most often a document is drawn up in the BTI for 8 thousand rubles .;
- a document on the basis of which a person confirms that he really has the right to use the land, and he can be represented by various acts, a lease contract or other documents received from the authorities;
- certificate of cadastral value, which can be taken at the Federal Tax Service or Rosreestr in advance if an assessment was carried out with respect to the site by a special commission;
- report on the assessment by the commission, which indicates the price of the object, if the process has not been carried out before;
- extract from the Federal Tax Service containing data on the area of the territory and the amount of tax on it;
- permission to build an existing facility on the ground, previously obtained from the administration of the region;
- receipt of payment of duty;
- extract from the USRN to the site and constructed facilities.
Free privatization of land is provided to each person only once in a lifetime. Therefore, if a citizen submits an application a second time, then the documents are not considered. In this situation, you will have to contact the administration to draw up a sale agreement for this object.
Since privatization is carried out on the basis of federal law, it is additionally required to obtain permission from the municipal authorities to transfer the land to private ownership. If it is possible to apply a country amnesty, then there is no need for this permission.
Difficulties are usually associated with obtaining a technical plan, as this requires surveying and determining the boundaries of the site. Its design helps prevent disagreements with neighbors, and it is also impossible to deceive the Federal Tax Service and pay less tax than necessary.
Reasons for refusal
Under a garage, land is privatized in the same way as under a private building. A refusal may be received if there are such grounds:
- not enough documents are being transmitted;
- it is revealed that the land is under state protection;
- the territory is withdrawn from circulation;
- there are significant disputes with neighbors, for which court hearings are held;
- the land belongs to the cemetery, which is considered a violation of moral standards;
- the documentation contains false information;
- a person repeatedly applies for privatization, although he has previously used this opportunity provided by the state.
Thus, a failure can be due to various significant reasons.
What to do in case of failure?
If the administration of the region has no significant reasons for the refusal, the citizen can go to court to appeal the act issued by the municipality, which indicates the impossibility of privatizing the land.
If the court takes the party of the plaintiff, then only a ruling is required to register the land in ownership. It acts as title documents for the object. It is on its basis that information is entered into the registry.
Process cost
If a person uses privatization for the first time, then he will not have to pay any funds for it, so registration is free of charge.
But for the formation of a technical plan, it will be necessary to pay about 8 thousand rubles to BTI specialists or private companies.
For registration of the right an additional 2 thousand rubles is paid.
If it will not be possible to privatize the land under the house, as the applicant had already used this opportunity, then you will have to purchase an allotment at the market price.
Dates of the procedure
The administration reviews the documents within 30 days. The process of forming a technical plan can take up to three months.
After obtaining permission to register, you must contact the Rosreestr to implement this process.
If it is required to carry out a land survey, then difficulties may arise with finding the owners of neighboring sites, which will significantly increase the duration of the procedure. Therefore, often citizens are faced with the fact that they have to draw up land for more than six months.
The registration process in Rosreestr takes no more than 10 days if a simplified procedure is used. If the standard scheme is applied, then the period may slightly increase. With the involvement of an intermediary represented by the MFC, the period is increased by 3 or 4 days.
Thus, everyone should understand how land privatization is implemented. What year can I use it? Various objects are provided free of charge to the property until March 1, 2018, so before this time you need to have time to arrange a plot under a house or other building.
The nuances of using free privatization
Many people want to sell or trade a private home. Privatization of land should be carried out in relation to the territory on which it is built so that real estate transactions can be completed. Privatization can be carried out free of charge until March 2018, so all people who need to implement this process should hurry with the preparation of documents.
After this period, you can only redeem allotments. Previously, it was possible to take into account the inventory price, but now the market value is applied, which is considered quite high.
Although the process is called free, you still have to pay various specialists to prepare documents and pay a fee.
What are the common problems?
When implementing this process, certain difficulties often arise, which include:
- lack of documents with which a person can prove his right to the site, so you have to go to the archive or Rosreestr;
- the difficulty of finding the neighbors of the site, therefore, the process of land surveying is difficult;
- receiving an unreasonable refusal, which is why you have to go to court to challenge such a decision.
Thus, it is possible to privatize the land on which a house or other building is located on the basis of a special state program. At the same time, it is important to figure out where to handle this process, what documents need to be drawn up, how much money will have to be spent, and how long a decision will be made. Although the procedure is called free, you still have to pay a certain amount of money. Also, people often receive unreasonable refusals, so they are forced to challenge them in court. But after the procedure, a person can easily dispose of the site.