How to privatize a land plot under an apartment building for its residents. Ownership of the land under an apartment building. Is it necessary to privatize the land under an apartment building?

25.05.2022

The procedure for transferring a land plot to shared ownership owners of premises in an apartment building and local area has been approved by housing legislation since 2005.

The reasons for this were the need to maintain a plot of land next to the building and when using the sites by non-profit organizations.

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In what cases is it permissible to register land as shared ownership, the possibility of privatization, the pros and cons, the consequences of such measures, everything is detailed in this article.

Is it possible

Any violations committed against the owners are punishable on the basis of the Civil Code of the Russian Federation.

What documents are needed

To establish land ownership it is necessary to collect a package of documents:

  • cadastral passport for land. A topographic survey is also needed, which is carried out by specialized accredited institutions that carry out boundary work. This is done in order to establish the actually occupied boundaries on the ground;
  • confirmation of land rights apartment building. These documents will not always be identical. This may be a certificate of ownership from Rosreestr or an agreement with the municipality on the provision of a plot of land for construction or on indefinite use, other state and local acts;

  • certificate of land valuation. Issued by the Land Committee upon request;
  • document on the area of ​​the land plot with the calculation of annual tax payments. Provided upon application by the tax service;
  • BTI conclusion on approximate cost buildings on the site. The price is calculated based on the average prices for identical real estate on the market;
  • copies of applicants' passports;
  • cadastral passports for apartments, offices and other isolated premises as part of a house with documents on ownership of each property.

Important: the main difficulty when registering land for an apartment building is drawing up cadastral passport for the entire land plot. Typically these costs are borne by construction company, which received permission to construct the facility.

However, in fact, organizations do not always complete paperwork due to bankruptcy, so these costs fall on the owners of premises in an apartment building.

Timing and cost

Issuing a decision of the authority executive branch on the possibility of providing land ownership residential complex carried out within 30 days.

If there is no cadastral passport for the land, then you need to order its preparation from specialists, which will take approximately 2 weeks.

You must first obtain technical passports for residential and commercial premises in an apartment building to determine the proportions of the area of ​​the occupied plot.

This information will be included in the certificate of ownership indicating the shares. Preparation of such a document for the entire building will take about 2 weeks.

Interesting: Drawing up a passport for each premises, which is not necessary, but desirable for the allocation of land, can take years, since the owners of the premises may ignore messages about the readiness of the development object, its commissioning and the possibility of cadastral registration and registration of property.

When the deed of transfer of land ownership and technical documentation are ready, you need to contact the Rosreestr authority at the location of the property.

The process of entering ownership data will take 14 days. When submitting documents through the MFC, the period will increase by 3-4 days due to the institution performing an intermediary function between applicants and the state registrar directly.

The cost of obtaining a cadastral passport for the entire building can reach tens of thousands of rubles; the exact cost is determined in the region where the property is located.

The situation is similar with the technical passport for a building. Registration with Rosreestr separately for a citizen costs 500 rubles, for organizations – 2,000 rubles.

Pros and cons

The annexation of the territory and registration of ownership of the land under the house entails positive consequences in the form of:

  1. Possibility of creating infrastructure for residents of the house.
  2. Protection of the territory from the claims of third parties, including municipal authorities, who may seize the plot for the development of the area and the needs of the population.
  3. Obtaining additional profit for participants in multi-apartment construction by renting out common property to third parties.
  4. Registration of transactions with land, disposal of the plot or part of it, carrying out landscaping on it in order to ensure the normal functioning of the owners of the house.

There are also disadvantages, such as:

  1. Having to pay land tax. The rate is determined on the basis of the Tax Code of the Russian Federation in accordance with cadastral value plot using the market price coefficient. The indicator adopted by local authorities is taken into account. Payment of the fee is made annually. Legal entities make payments in non-cash from a current account, citizens - at the bank upon provision tax authorities notifications about the amount and date of tax payment.
  2. If the site operation rules are violated, sanctions may be imposed in the form of fines by the district administration, in particular this applies to the placement of certain objects, for example, unapproved parking, or non-coordination of the call schedule with the service organization.
  3. Increase in rent commercial premises with an increase in the cadastral value and, accordingly, the tax rate on occupied space.

The process of transferring land into shared ownership cannot be called simple. The law on the privatization of land under an apartment building alone makes it possible to carry out such a legal action, however, for a citizen or organization, obtaining documents for the house and territory, sending requests to the archives, BTI and other authorities will be quite labor-intensive.

The privatization of local areas in 2019 is not limited in any way. This means that residents of houses can independently organize and register the land near their house as their property. To date, not all land plots have been privatized and, moreover, many people do not have the slightest idea how the process occurs. Today we will talk about how the privatization of land under an apartment building occurs, what pros and cons it gives to future owners.

Privatization is the transfer of ownership of land near a residential building. If we are talking about local areas, then ownership of the plot will be distributed among all residents of the house. Before taking this step, a collective decision must be made. Next, we will discuss the pros and cons, after analyzing which we need to draw a conclusion. Looking ahead, we note that this will further protect the land and provide the opportunity to freely dispose of the site. At the same time, additional worries and costs will appear.

Because we're talking about about an apartment building, then the ownership will be collective. This means that each person registered in the house will be allocated a part of the total share. Please note that it is impossible to sell your part. As a rule, maintenance is delegated to a management company, which performs all necessary work for a fee.

Stages of privatization

A plot of land under an apartment building can be privatized, observing the procedure established by current legislation. There are several conditions that must be met if we are talking about the territory of a residential building. First of all, the local administration must clearly define the boundaries of the land plot of interest. Also, this territory must be registered in the cadastral register. Finally, one part necessary requirements is to carry out all land management work.

In general, the procedure for privatization of any land plot under an apartment building takes place in several stages:

  • preparation of documents and information about the plan of a residential building and the area near it (in the case when the manager residential building does not have such information, you must submit a request to the BTI);
  • writing a request to a land management company to mark the boundaries of a plot of land (in this case, the company must have the appropriate license to issue such papers);
  • filing an application with the local administration for the creation of a land plot;
  • consideration of the case by the administration, formation of a land plot and its registration.

Privatization permit and other nuances

Quite often people are stopped by this very question, and therefore the privatization of a land plot is shelved. However, the procedure for registering land for an apartment building is quite simple, because you do not need to obtain any permits from local authorities. The only thing that needs to be achieved from the administration is the formation of a land plot based on the application of the owner.

Law Russian Federation says that the land plot can become the property of the residents of the house without providing any permitting documents from the self-government bodies and this does not contradict the Constitution. However, this territory of land must be formed and registered in the cadastral register.

There is one point that makes the privatization of a land plot a little more complicated. The fact is that there is no such thing as a local area in any legal act or law. To be more precise, it is not defined in any way. However, residents apartment building have the right to receive shared ownership of a plot of land around it with all the objects located on it: trees, flower beds, elements of operation and maintenance.

The main point that privatization requires is the correct determination of the boundaries of a plot of land. This is done by the land management company or the responsible authorities of the local administration. In this case, the definition of the boundary is based on the natural limitation of the site under the apartment building and the location of sites near other houses. Urban planning regulations also apply, which are part of determining the boundaries of a land plot in a certain area.

Thus, residents of the house who want to privatize a plot of land in the local area face certain problems. In some cases, the area of ​​the plot is exaggerated, while there are situations in which residents are completely deprived of it. The legislation provides for a number of reasons why the privatization of a plot of land under a house can be refused. One of them is the lack of a document on land surveying. The refusal can be challenged in court, but you should consult with an experienced lawyer in advance regarding the legality of the reason for the refusal. Let us note that it is possible to challenge not only the refusal, but also the plan, the formation of a plot of land, etc.

Advantages

Privatization of a plot under an apartment building has its advantages, which allow residents to receive certain benefits. First of all, the residents of the house are the owners of the land, and therefore only they can dispose of it. Moreover, the use of the site for any purposes will be impossible without the consent of the owner. This applies to laying roads, installing various buildings, etc. Any construction or demolition of anything will be carried out only after permission is issued from the owners. It cannot be seized, since ownership is protected by Russian law.

Also, owning a land plot under an apartment building allows you to use it for commercial purposes. By collective decision, it is possible to lease the land. Moreover, the very fact of land privatization increases the cost of the apartment, and therefore, if it is sold, you can get more.

At the request of the owners of the land plot, it can be improved. You can install a children's playground, flower beds, organize parking, etc. Among other things, privatization of land is a guarantee that the house will not be demolished. If, nevertheless, such a need arises from the authorities, then the compensation will be more than generous.

Of course, the privatization of land near a residential building in 2019 has its advantages, which encourage people to organize and register ownership of the site. However, one cannot fail to note the disadvantages that may stop some people.

Flaws

Privatization of a land plot for an apartment building imposes certain obligations on the owners. First, they must pay land tax every year. Its size depends on the level of cadastral value. Today, cadastral and market prices are increasingly being compared. The tax also depends on the region.

Maintenance and cleaning of the land also falls on the shoulders of the owners. This means that road repairs, territory cleaning and landscaping must be carried out at your own expense. Moreover, if its maintenance is not carried out properly, penalties may be imposed. For example, if in the winter season the snow is not cleared or garbage is removed on time, then management company will be responsible for this.

When we listed the advantages, we talked about the fact that on the territory of the site near a residential building you can build some kind of site or rent out part of it. However, this is quite conditional. The fact is that each territory has its own purpose. This means that organize on local area a point selling beer or cigarettes will not work. The use of areas near the house is quite limited, due to many factors.

Every year thousands of people take action to privatize real estate. The process is long and is accompanied by a fairly large package of documents.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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It must be remembered that the procedure is completely . Therefore, there is no need to delay and do privatization on time.

What do you need to know?

Privatization is an action that has entered the life of every person since the collapse of the Soviet Union.

The procedure became popular in 1991, and now its popularity is reaching heights. But despite such a period of time - almost 25 years, not many were able to take advantage of privatization. This suggests that not everyone has the right to privatize property.

Terms

Privatization can be carried out by all individuals and legal entities that do not have property.

The living space should not be in free use or transferred under a lease.

Who is eligible?

The role of the acquirer, as mentioned earlier, is either an individual or a legal entity.

A person can use the right to free privatization once.

Area and composition

Only real estate that meets legal requirements can be privatized. All features are specified in.

The land plot here becomes part of the property. And this rule applies only to area that was acquired before March 1, 2005.

A person can come to the organ local government and submit an application in the prescribed form. The area and composition are determined on the basis of the cadastral passport. If absent, it is determined by the technical passport for the land.

Management can be carried out by a house committee or a company.

Land use options

There are several intended uses here:

  • arrangement of a playground or sports, recreation area;
  • installation of garages for veterans or disabled people;
  • landscaping;
  • arrangement of a parking area;
  • renting out parking areas.

Legislative framework

The following regulates the issue:

  • Presidential Decree No. 2284 dated December 24, 1993 regulates the availability of programs in all regions regarding the privatization of real estate for this procedure.
  • Russian Decree No. 585 dated August 12, 2002 regulates the possibility of selling real estate for further privatization.
  • Russian Decree No. 584 dated August 12, 2002 regulates the procedure for holding an auction for subsequent privatization.

Privatization of land under an apartment building

Privatization of a land plot under an apartment building allows you to dispose of this territory at your own discretion.

If we talk about the developer, then he has the right to carry out a complete rearrangement there, create a parking lot and a children's playground. That is, the land plot actually becomes his property.

Is it possible?

In fact, this can be done if the building has already been erected. But in practice this is much more difficult to do. You will have to provide a full package of documents and prove your point of view.

Most often, you have to represent your interests in court.

What does it give?

Privatization of a land plot allows you to dispose of this territory at your own discretion. So, for example, build a parking lot for the owners vehicles and develop the territory without resorting to permission from government authorities.

Under the new building

In this case, you need to obtain a cadastral passport. The document includes all the boundaries of the site, including the adjacent area.

Additionally, the document determines the area of ​​the land plot and other parameters. The developer is in charge of the design.

Under old buildings

To privatize this object you will have to obtain a cadastral passport. If it has not been issued previously, then the procedure is formalized according to the general rules.

If the land plot is registered, then upon application of the property owners, a certificate of ownership can be obtained.

Alone

It is also necessary to request a technical passport and collect written permission from all owners for the procedure for privatization of the surrounding area. Then perform the following algorithm of actions.

Procedure

To register you will need to complete the following steps:

  1. Prepare a site plan for the facility. Get more technical documentation perhaps at the local BTI office.
  2. Conduct demarcation of the property. You can contact any licensed company.
  3. Correctly draw up and submit an application in the established form to the authorized bodies.
  4. Register the land plot properly.

Where to contact?

You must initially contact the BTI and your neighbors to obtain written permission. Then you need to register the data in the Rossreestr and the land cadastre.

In each individual region, additional registration of information with authorized bodies is possible.

Documents

To apply you will need to provide:

  • estate plan;
  • written decision of all owners;
  • documents confirming the land survey;
  • registration certificate

Statement

The application contains all the information about the property, including the applicant. There is an established pattern. Submitted along with the above package of documents.

The application is registered in the department for working with citizens' appeals.

What is the price?

Many citizens want to know whether it is worth privatizing the land under an apartment building in 2019.

Yes, definitely worth it. After all, the owners acquire the opportunity to dispose of the land plot at their own discretion. Moreover, the procedure is still free.

Deadlines

Privatization is not a quick procedure. If registration is carried out in the usual manner, then this is 2 months according to the law. In practice, this is no more than a month.

If we talk about the issuance of documentation, then this is another two weeks. If we talk about judicial procedure, the deadlines are not regulated by law.

Consequences

All owners who have privatized such a property can dispose of it in accordance with current legal acts.

The use of such territory is not a free service, because you will have to pay for the land.

Paying tax

It says that you need to pay tax on local area in accordance with calculations according to legal acts.

To determine tax base in accordance with Article 360 ​​of the Tax Code of Russia, the cadastral value is initially determined

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Lawyers' answers (3)

The following is important in your situation. Has the land plot on which your apartment (2-apartment) building is located passed the state cadastral registration? In other words, has land surveying been carried out in relation to him?

1. If yes, then from the moment information about your land plot is entered into the state real estate cadastre ( Cadastral Chamber, such a land plot becomes the common shared property of the owners of residential premises (Article 36 Housing Code RF). Registration of property rights is carried out at the request of the owners. Those. You have the right to register the ownership of your share regardless of the wishes of your neighbors (who have not privatized the apartment) and without the consent of the municipality.

2. If not, then you should contact the local government body with an application for the formation (landmarking) of a land plot under your apartment building. This obligation is provided for in Art. 16 of the Law "On the Enactment of the Housing Code of the Russian Federation". Land surveying costs are also borne by the administration. After registering your plot with the state cadastral register, you can also register your rights to the land plot. There is a big minus in the second situation! According to the current legislation of the Russian Federation, there is no time limit established for a local government body during which it is necessary to form a land plot. Therefore, the resolution of this situation may take years. For example, in the city of Kirov, having submitted an application in September 2011 for the formation of a land plot, the Administration informed the applicant that the specified work would be carried out in 2013-2014. depending on budget availability.

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In accordance with Article 36 of the Land Code of the Russian Federation, citizens and legal entities who own buildings, structures, structures located on land plots that are in state or municipal ownership acquire rights to these land plots in accordance with this Code. Exclusive right for privatization land plots or acquiring the right to lease land plots are available to citizens and legal entities - owners of buildings, structures, structures.

The sale of land plots in state or municipal ownership to the owners of buildings, structures, structures located on these land plots is carried out at a price established respectively by executive authorities and local government bodies. The procedure for determining the price of these land plots and their payment is established in relation to:

1) land plots in federal ownership - authorized by the Government of the Russian Federation federal body executive power;

2) land plots that are owned by the constituent entities of the Russian Federation or for which state ownership is not demarcated - by state authorities of the constituent entities of the Russian Federation;

3) land plots in municipal ownership - by local government bodies.

The price of land plots cannot exceed their cadastral value. Until a federal executive body authorized by the Government of the Russian Federation, a state government body of a constituent entity of the Russian Federation or a local government body establishes a procedure for determining the price of a land plot, this price is set in the amount of its cadastral value.

In the existing development, land plots on which structures that are part of the common property of an apartment building, residential buildings and other structures are located are provided as common property in the common shared ownership of homeowners in the manner and under the conditions established by housing legislation.

In accordance with clause 1 of Article 36 -38 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own, by the right of common shared ownership, the common property in the apartment building, including the land plot on which the house is located, with elements of landscaping and landscaping, other intended for maintenance, operation and improvement of this house and objects located on the specified land plot.

An apartment building is a collection of two or more apartments that have independent access either to a land plot adjacent to a residential building or to common areas in such a building.

The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

Share in the right common property for the common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of ​​​​the specified premises.

When purchasing premises in an apartment building, the acquirer receives a share in the right of common ownership of the common property in the apartment building.

That is, if the land plot on which the house is located was registered in accordance with the law, then when purchasing housing in this house, you became the owner of a share of the land plot in proportion to the size of the area of ​​your premises.

If, when purchasing residential premises, you did not acquire a share of the land plot on which this building is located, then the following provisions apply.

In case the building (p premises in it), located on an indivisible land plot, belongs to several persons by right of ownership, these persons have the right to purchase this land plot as common shared ownership or for rent with a plurality of persons on the tenant's side, unless otherwise provided by this Code and federal laws , taking into account shares in the ownership of the building.

If in a building located on an undivided land plot, the premises belong to some persons with the right of ownership, other persons with the right of economic management or operational management, or all persons with the right of economic management, these persons have the right to purchase this land plot for rent with a plurality of persons on the tenant's side, unless otherwise provided by this Code and federal laws.

In this case, the land lease agreement is concluded with the condition that the parties agree to the entry into this agreement of other rights holders of the premises in this building.

To acquire rights to a land plot, citizens or legal entities specified in this article jointly apply to the executive body of state power or local government body provided for in Article 29 of this Code with an application to acquire rights to a land plot. The list of documents required to acquire rights to a land plot is established by the federal executive body exercising the functions of developing public policy and legal regulation in the field of land relations.

Within a month from the date of receipt of the application specified in paragraph 5 of this article, the executive body of state power or local government body, provided for in Article 29 of this Code, makes a decision on the provision of a land plot on the right of ownership, for rent, or in the cases specified in paragraph 1 of Article 20 of this Code, on the right of permanent (unlimited) use. Within a month from the date of the decision to provide a land plot on the right of ownership or lease, the executive body of state power or local government body, provided for in Article 29 of this Code, prepares a draft agreement for the sale or lease of a land plot and sends it to the applicant with a proposal for conclusion of the relevant agreement.

If the state cadastral registration of the land plot has not been carried out or state cadastre real estate there is no information about the land plot necessary for the issuance of a cadastral passport of the land plot by a local government body on the basis of an application from a citizen or legal entity or the appeal provided for in Article 29 of this Code executive body state authorities within a month from the date of receipt said statements or application, approves and issues to the applicant a diagram of the location of the land plot on the cadastral plan or cadastral map of the relevant territory. The person who has applied for the provision of a land plot ensures, at his own expense, the implementation of cadastral work in relation to this land plot and applies for the implementation of state cadastral registration of this land plot in the manner established Federal law“On the State Real Estate Cadastre.” The location of the boundaries of a land plot and its area are determined taking into account actual land use in accordance with the requirements of land and town planning legislation. The location of the boundaries of the land plot is determined taking into account the red lines, the location of the boundaries of adjacent land plots (if any), and the natural boundaries of the land plot.
The executive body of state power or the local government body provided for in Article 29 of this Code, within two weeks from the date of submission of the cadastral passport of the land plot, makes a decision on the provision of this land plot to the persons specified in paragraph 5 of this article, and sends them a copy of such a decision with the cadastral passport attached. passports of this land plot.

In accordance with clause 3 of Article 28 of the Federal Law “On the privatization of state and municipal property”, the owners of a residential building located on a land plot belonging to state or municipal property have the right and obligation to either lease or acquire ownership of the specified land plot .

Owners of real estate that are not unauthorized buildings and located on land plots belonging to state or municipal property are required to either lease or purchase from the state or municipality the specified land plots.

At the request of the owner of a property located on a land plot belonging to state or municipal property, the corresponding land plot may be leased to him for a period of no more than forty-nine years, and if the property is located on a land plot within the boundaries of lands reserved for state or municipal needs - for a period not exceeding the period of land reservation, unless otherwise established by agreement of the parties.

A land lease agreement is not an obstacle to the purchase of a land plot. Refusal to purchase a land plot or provide it for lease is not permitted, except in cases provided for by law.

The size of the share in the ownership of a land plot is determined in proportion to the ratio of the area of ​​the corresponding part of the building, structure or structure to the total area of ​​the building, structure or structure.

Purchase or lease acquisition of a land plot related to common property owners of apartments in an apartment building, is carried out on the basis of a joint application of all owners of apartments in an apartment building to the local government body with an application for the acquisition of rights to a land plot, with the documents provided for in paragraph 5 of Article 36 of the Land Code of the Russian Federation attached to the application.

It is impossible to acquire a land plot (part of a land plot) on which a two-apartment residential building is located separately into the ownership of one of the owners of premises in a two-apartment building without the participation of other owners of premises in this building. reviews

In some cases, it is possible to change the status of the residential premises. According to Part 1 of Art. 15 of the Housing Code of the Russian Federation, the objects of housing rights are premises, by virtue of Part 1 of Art. 16 of the Housing Code of the Russian Federation, part of a residential building is considered residential premises. Art. 11 of the Housing Code of the Russian Federation establishes that the protection of housing rights is carried out, in particular, by terminating or changing the housing legal relationship.

That is, perhaps your apartment is actually part of a residential building (this fact can be confirmed based on the data contained in technical passport your residential building, where there are two apartments). In this case, you can legally recognize your apartment as part of an individual residential building. This will later allow you to acquire ownership of a land plot and carry out land surveying (in other words: divide the land plot on which your house is located in half, where you will acquire ownership of one half).

The problem is possible. For example, based on the definition of an apartment contained in Article 16 of the Housing Code of the Russian Federation, it is concluded that in addition to two apartments in your house, there are other common areas (preferably, in order to change the status of the residential premises, so that they do not exist). Naturally, there may be other problems (suddenly, your house does not have a building permit, there are such cases, then the claim is supplemented by demands for recognition of ownership of unauthorized buildings, and here everything is much more difficult).

Since the house is two-flat (there are few apartments), this is a possible way to acquire ownership of the land plot on which the changed technical registration object is located. And this plot of land will already be yours.

Privatization: where did it come from and what to do with it?

If you are the owner of a house that is located on any plot of land, then you have pre-emptive right for the privatization of this land plot.

In short, the privatization of land plots under a house is nothing more than a way of acquiring their ownership.

Privatization, depending on the time of emergence of the right to a land plot and the presence of “disagreements” regarding the plot with the authorities, can be of several types:

  • free in general;
  • free administratively;
  • paid (through the purchase of land);
  • through the court.

What land plots are covered by free privatization?

  • The site on which a residential building is located.
  • A plot of land that is available for rent for personal farming.
  • A summer cottage plot that is provided for permanent (indefinite) use.
  • A plot of land that is in permanent (indefinite) use and on which there is a residential building.

The most main problem when registering privatization of land under a house, the problem is that the procedure for collecting documents and submitting them to the relevant authorities is not regulated in detail. Therefore, there are situations when you are preparing some documents, but the “expiration date” of others has already expired, and you have to do double work.

Until 1990, citizens could only own land plots with the right of permanent (perpetual) use or lifelong inheritable ownership. But after the adoption of the Law “On Land Reform”, the right to acquire land plots of ownership for a fee or free of charge was “granted”.

This “initiative” is “picked up” Land Code of the Russian Federation, which “allows” one-time free privatization of a land plot. But since 2006, the procedure that was established for the privatization of land has changed.

In order to privatize a land plot, you need to collect the following package of documents:

  1. Documents confirming the right of ownership of the land plot. Since the right to the plot arose at different times, the documents in this case are not identical. These may include an agreement on the provision of land in unlimited use for the construction of a residential building, state certificate. registration of land rights, state act.
  2. Cadastral plan of the site. If it is not available, you must contact a cadastral engineer or organization. providing similar services that will carry out the necessary cadastral works and will ensure appropriate registration.

    In practice, the following difficulties may arise: the dimensions of the land plot indicated in the cadastral plan and title documents may differ. In this case, the data from the cadastral plan is taken as the “basis” if the area of ​​the plot does not exceed the established ones minimum sizes provision of a land plot in accordance with its intended purpose.

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  3. Cadastral passport for a building located on the site.
  4. Title documents for real estate located on a land plot.
  5. A copy of the document that identifies the applicant.

After all documents have been collected, you must contact authorized body local government. According to current legislation, these powers are related to issues of local importance of municipalities at the level of settlements (urban or rural), as well as urban districts.

What's next?

The further procedure is described in the administrative regulations for the provision of municipal services for the sale or free transfer into the ownership of land plots of the municipal body that is authorized to provide it.

A certain period of time is established during which a citizen’s application to be granted ownership of a plot of land under a house must be considered. If for some reason the required document was not provided, the authorized body requests the relevant information from the applicant or another body that has such information.

After a local government body makes a decision to transfer ownership of land to a citizen, he should apply for a decision to provide him with land in territorial body Rosreestra or a multifunctional center for registering the transfer of ownership of this type of real estate.

Why privatization is needed: pros and cons

The main DISADVANTAGES of privatization include:

  • Annual payment of land tax.
  • The owner’s obligation to “maintain” the land plot, in particular, roads, local area, etc. Otherwise, liability measures may be applied to the owner.
  • Increase in cost square meter for potential buyers and tenants and a possible increase in utility bills.

The undeniable ADVANTAGES of privatization include:

  • It is not possible to do anything with the site without the consent of the owner. This concerns its alienation, seizure or “use” by others.
  • Obtaining additional profit from the use of the site, for example, when renting it out, etc.
  • Unlimited actions related to the land plot.

But here it is worth adding a small fly in the ointment. Many owners of land plots are in a hurry to register ownership of them in order to quickly build any structures and receive economic benefits from this.

But it should be remembered that each site has its own purpose: for example, you cannot build a kiosk for selling jewelry on the territory under an apartment building, etc.
Despite the fact that privatization is a rather complex and lengthy process, as long as it is possible to arrange it for free, you should take advantage of it.

More useful information- in the "Earth" section.