Registration of rights to land plots: procedure and documents

Registration of rights to land plots is an obligatory step for the land owner. If this is not done, then the site will not have a host, which means that problems will arise in the future. You can register the rights yourself or using the services of professionals. The article will consider the first option.

Registration of securities

Registration of rights to land begins with the collection of necessary papers. Their list is fixed in laws and does not change. But this does not mean that it is infinite. All documents are divided into mandatory and specific, which will need to be provided depending on the method of purchasing the site.

Let's look at the list.

Required documents

Registration of rights to land is impossible without the documents specified in regulatory enactments. We have already said above that common papers are obligatory for everyone, but did not specify which ones. Now fix it. General documentation includes:

1. Statement. The application is filled out on both sides.
2. Cadastral passport.
3. Applicant's passport. Both the original and the copy are needed.
4. A receipt confirming payment of state duty.

Registration of rights to land has its price. Individuals will pay 2,000 rubles for the procedure, while organizations will register at 22,000 rubles.

Once we have taken apart common papers, we will move on to specific ones. So called title documents, which confirm the ownership of a person. What could it be?

1. Contract of sale.
2. Certificate of inheritance.
3. Gift giving.
4. Privatization Act.
5. Other papers.

If you have collected everything you need, it remains to pay the state fee. We’ll talk about her.

State duty

Registration of ownership of the land is impossible without paying a fee. Its size, as well as the payment procedure, are determined by legislative acts. It is important to choose the right type of registration, because the size of the state duty depends on it. To do everything right, you should consider:

1. How is the land ownership right obtained.
2. Who is the owner: legal entity or individual.
3. Land purpose: general or agricultural.
4. Is the primary registration.

How much does the fee amount differ? Let's get a look:

1. For standard registration of property rights, the fee is 22,000 rubles. This is a legal entity.
2. If the standard registration is for an individual, then the state duty will be 2000 rubles.
3. When registering land for the purpose of holding a private household by an individual, the amount of the fee will not exceed 350 rubles.
4. If the share of the plot for subsidiary plots is registered, then the state duty is 100 rubles. This is an operation involving individuals.

By the way, in order to go through the process of registration of ownership of the land, it is not necessary to pay the full amount of the fee. It can be reduced if you use the State Services portal for this. In this case, you will pay at a discount of 30%.

What to do?

The procedure for registration of rights to a land plot is general for any cases, sometimes special items are simply added. We will consider it.

1. First, the size of the state duty is determined. At the same time, it is important to understand that you can only make a mistake with payment in a big way. That is, you can pay more than you need, and then write a request for a refund and pick up the surplus. But to pay extra if initially paid a small fee, it is impossible.
2. When you have dealt with the state duty, you need to download a blank receipt form. The latter should be appropriate for the situation and be either for a legal entity or for an individual. The receipt must be filled out, indicating not only your last name, middle name and first name, but also the details of the taxpayer.
3. Payment of state duty will be the third step. To do this, it is enough to contact the bank or use electronic payments, the State Services website.
4. Only after the fee is paid, documents are submitted to the registrar. No need to go there on the day of payment, it’s better to wait a few days for the payment to reach.

Who does not pay the fee?

If the procedure for registering rights to a land plot is more or less clear, then there are some clarifications about the state duty. In particular, they relate to the fact that some people are exempt from paying it.

These categories include:

1. The central bank of our country.
2. Government departments.
3. Poor citizens.

In addition, a fee is not charged when registering land:

1. Which is used for reindeer herding.
2. Municipal and state ownership.
3. The regions that have become part of our country. A striking example is the Crimea.

If registration is caused by the need to legalize changes in regulations or encumbrance, then the state fee is also not levied.

Features of the procedure

We have already examined the documents for registration of the right to a land plot and the procedure, but this does not mean that the latter has no nuances. Let's look at the algorithm of actions for sites until 2001.

Firstly, it is worth noting that documentary work can be carried out over several months. This is due to the fact that you need to get a cadastral plan. Why exactly until 2001 did this only happen? Yes, because in 2001 amendments were made to the land legislation, which means that a site that was acquired earlier than this time cannot be issued without a cadastral passport.

Secondly, we recall that the procedure becomes easier if there is a land surveying site. The land owner can apply to the registrar and pay for his services. Ten days later, the passport will already be on hand. It is important to understand that the deadline is not always respected, since in some regions registrars can be heavily loaded. It is better to clarify directly when submitting the application the deadline for production.

When land surveying is absent

We have already said what documents for registration of the right to a land plot are needed, but not all of them are always on hand. What to do if land surveying has not been carried out? It is possible to issue land ownership in this case, only all land management works will be assigned to the owner, which means that the cost of registration will increase.

So that you correctly understand what we are talking about, we give the definition of land surveying. This is the name of the fixing and determination of the boundaries of the site normative act. If there is an act, then this automatically means the absence of disputes with neighbors over the borders, as well as an agreement on the issue of land surveying. What if the dispute has already arisen? It must be decided in court.

As a rule, land management works are carried out by private organizations. Their work includes:

1. Planning a site.
2. Analysis and collection of documents. This includes cartographic and geodetic documents.
3. Registration of the boundary plan.
4. Drawing on the plan the necessary communications and labels.

The procedure for registering the right to use a land plot obliges the owner to apply to the Cadastral Chamber after receiving a land survey plan. This is necessary in order for the site to be registered. In addition to the application, you will need the applicant's passport, title papers, a receipt.

Lack of title papers

Completion of registration of rights to the land will not happen if you do not provide title papers. What to do if they are not? For the procedure, they will need to be restored or received. There is no single order of action, since each case requires a specific algorithm. Consider a few possible.

1. Recovery of lost papers. This is a way out if the documents were issued by an organization or a government body, then it is realistic to get a duplicate.
2. To renew the contract of sale. In this situation, the seller’s contacts will be needed, which is far from always possible. That is, the method is quite effective only on the condition that the transaction was concluded relatively recently.
3. Legalization of the transaction in court. Only those owners who registered land according to the old rules can do this. In other words, a person has a membership card in his hands, but there is no agreement.
4. Carrying out general privatization with a future allocation. We are talking about those owners who were allocated plots in the horticultural society.

Registration of ownership

Registration of the rights of permanent use of a land plot provides for the possibility of contacting both the representative of the owner and the immediate owner of the land. It is important that each representative must have a power of attorney with him. If this important nuance is observed, then you need to proceed in accordance with the regulated procedure.

So, the procedure for registration of ownership of the land is as follows:

1. Visit to the registrar. This can be done through the multifunctional center or the local Registration Chamber.
2. Providing the necessary package of documents.
3. A receipt from an employee of a multifunctional center or Registration Chamber. It is issued without fail, but the applicant himself needs to follow this up.
4. Re-visiting the registrar in order to obtain a certificate.

Registration of rights to land in the Russian Federation takes place within 7-10 days, but this does not mean that the deadline is final. The exact date is indicated by the registrar in the receipt and it depends on the workload of employees.

To get a certificate form, a representative is enough, but provided that a power of attorney for the right to register a land plot is drawn up on it. By the way, even the owner, even the attorney needs to have a passport with him.

Limitations and Prohibitions

It just so happened that land registration is divided into the preparatory phase and the registration period. During the preparation, the documentary verification of the transfer of land to private ownership is checked as much as possible. But as in any business, there are also exceptions. They concern lands that are not subject to privatization due to legislative restrictions. What are you talking about?

1. Land administered by the FSB.
2. Land in protected areas.
3. Sites that may or may already be used for the needs of the armed forces of our country.
4. Conservation facilities.
5. Cultural heritage land with burial grounds.
6. Sites that are located near space objects.
7. Contaminated land.
8. Plots included in the territory of the transport alienation.

If the plot was purchased under a transaction

Registration of the right of permanent unlimited use of a land plot does not particularly differ from the standard procedure. The difference is only in the set of documents, and it is as follows:

1. Passport of the owner or his representative. For the latter, a power of attorney is required for the transaction.
2. Application for registration of land.
3. Certificate of registration of ownership. It must be issued to the last owner, if the transaction was completed before January 2017. For late transactions, extracts from the USRN will suffice.
4. A photocopy and the original receipt of payment of state duty.
5. A sales contract that confirms the basis for the transfer of ownership.
6. Extract from the Unified State Register to confirm the absence of encumbrances and restrictions on the possibility of transferring property rights. The statement is valid for five days. With its help, the absence of an arrest on the site is confirmed, or, conversely, the existence of a resolution on the seizure of property for any reason. If there is no information in the extract, then you must first pass a survey, which will help fix the boundaries of the site.
7. The consent of the wife / husband to the sale of the plot. It must be in writing. The same point applies to other people who are entitled to a share of the land.

Registration of rights to land under land law is as follows:

1. First, all the necessary papers are collected.
2. Then a contract of sale is concluded.
3. State duty is paid next.
4. An application is submitted to the Federal Registration Service for registration of ownership.
5. If the refusal occurs, the applicant goes to court.
6. When the judgment is positive, the applicant re-submits documents to the registry.

To simplify the process, you can submit papers to the office of the multifunctional center, but you need to be prepared for the fact that the terms of registration of the right to use the land will be longer.

Inheritance

What to do if the land inherited? Observe several conditions:

1. The deceased had to draw up ownership of the land, which went to the heirs.
2. The deceased had the right to use the site for life. In this case, all the conditions of ownership and use of the site are considered in accordance with the contract and the regulatory framework. Only after this is determined the possibility of obtaining property rights.

In order to draw up a plot, you must first pass the verification of documents, which are the basis for the transfer of land from the deceased to the heir. Next, you need to contact a notary public. Please note that they are clearly divided into sections, so you need to contact only the specialist who is located in the territory of the registration of the testator.

The notary will require the provision of papers confirming the right to inherit. This can be a will or paper, which confirms a kinship.

As soon as all documents are submitted, you will have to wait six months. Time is given for the presentation of rights by other heirs. If they never appeared, then after a time a person is issued a certificate of the possibility of inheritance. Based on it, the registration of ownership takes place.

Leased land

Registration of the assignment of land lease rights is as follows:

1. A request is sent to the administrative authority of the district. This is done exactly in the place where the land is located. The basis will be a lease, which implies the right to transfer.
2. It turns out a cadastral passport. This condition is met only if the site was not put up for auction or purchased at auction.
3. Contact the Rosreestr to enter data on the ground.
4. In order to receive a cadastral act, you will have to contact the land registration department of the Russian Federation.
5. Obtaining technical documents, without which it is impossible to start the registration procedure.
6. Obtaining a copy of the site diagram and extract from the passport of the latter.
7. Representatives of the municipality decide whether to provide the plot for free or for a certain amount.
8. Payment of state duty.
9. All necessary papers and a passport of a citizen of our country are provided to the Federal Administration of Rosreestr.
10. The final step will be to obtain a certificate of ownership.

What papers will be required?

1. Application sent to the municipality.
2. A decree from the municipality that confirms the ability to claim ownership.
3. Cadastral passport.
4. Receipt of payment of state duty.
5. Written confirmation of payment of the value of the land. Only required if no free provision is provided.
6. Passport of the person who is applying.

Conclusion

As you can see, in order to make the land a property, you need to tinker. You will have to go through several steps before the land is in full possession.

But the most important point will be the choice of design. If the applicant chooses not what is needed, then his task will be complicated many times, because he will have to reissue all the documents. Therefore, in order to avoid confusion, you should be very careful about the procedure.

Although it is permitted by law to use trusted agents to register property, it’s better if you yourself are present. Then precisely all the nuances will be taken into account and no overlaps will happen.

Remember that the collection of documents should be treated with the utmost care. After all, if something is incorrectly recorded, they will be returned to you. But this is not a reason to immediately go to court, ask the employee to explain what your mistakes are, and correct them. It is never too late to sue, but due to their experience, the registration service employees win cases, and it is the applicants who make the mistakes. Therefore, adequately respond to all comments, correct them - and everything will be in order.

This is the only way to make a land a property as quickly as possible and with minimal loss of nerves, time and money. Good luck and patience in this difficult but necessary matter.