MINISTRY OF THE RUSSIAN FEDERATION FOR LAND POLICY,
CONSTRUCTION AND HOUSING AND COMMUNAL SERVICES

ORDER

On approval of guidelines for calculations
standard sizes of land plots in condominiums

In pursuance of the Decree of the Government of the Russian Federation of March 30, 1998 N 369 "On amendments to the Decree of the Government of the Russian Federation of September 26, 1997 N 1223 "On approval of the regulation on determining the size and establishing the boundaries of land plots in condominiums"

I order:

1. Approve the “Guidelines for calculating the standard sizes of land plots in condominiums” (hereinafter referred to as the Guidelines).

2. The Department of Urban Planning and Architecture (Topkishev S.A.) ensure the distribution of Methodological Instructions to the constituent entities of the Russian Federation.

3. The Department of Urban Planning and Architecture (Topkishev S.A.) and the Department of Land Policy (Loiko P.F.) provide assistance to the executive authorities of the constituent entities of the Russian Federation and local governments in the application of the Methodological Instructions.

Acting Minister
A.Sh. Shamuzafarov

METHODOLOGICAL INSTRUCTIONS for calculating standard sizes of land plots in condominiums

1 area of ​​use

Determining the standard sizes of land plots in condominiums and establishing their boundaries are carried out with the aim of forming a condominium as a single planned separate complex of real estate (including its development); establishing the land share in the common property pertaining to each homeowner in the condominium, based on the area of ​​the premises owned by him; efficient use of land in urban and rural settlements and increasing the level of their improvement; taxation; accounting and state registration of rights to real estate and transactions with it in condominiums.

These Guidelines are the basis for the development of a methodology for calculating the standard sizes of land plots in condominiums by constituent entities of the Russian Federation or local governments.

2. Normative references

SNiP 2.07-01-89* "Urban planning. Planning and development of urban and rural settlements";

"Regulations on determining the size and establishing boundaries of land plots in condominiums", approved.

3. Calculation of standard sizes of land plots in condominiums

3.1. The Methodological Guidelines for calculating the standard sizes of land plots in condominiums transferred to the common shared ownership of homeowners free of charge are based on the principle of determining the value of specific indicators of land share for buildings of different number of storeys on the basis of urban planning standards of various periods of mass housing construction.

The size of the land plot in the condominium is specified when developing the draft boundaries of the land plot included in the condominium. The development of a project for the boundaries of a land plot in a condominium is carried out taking into account the urban planning documentation of a specific quarter (microdistrict), subject to the requirements of paragraphs 3 and 7 of the Regulations on determining the size and establishing the boundaries of land plots in condominiums, approved by Decree of the Government of the Russian Federation of September 26, 1997 N 1223. Territory surveying projects when establishing the boundaries of land plots in condominiums are developed within the boundaries of planning units of the city, another settlement (neighborhoods, blocks or parts thereof).

The specific indicator of land share is the area of ​​residential territory within the boundaries of a planning unit per 1 m_2 of the total area of ​​residential premises included in the condominium.

3.2. In newly developed territories of cities and other settlements, the determination of the standard sizes of land plots in condominiums is carried out in accordance with current federal and territorial urban planning standards, on the basis of urban planning documentation for development and land surveying projects developed in accordance with urban planning documentation for territorial planning and land use rules and developments.

3.3. The determination of the specific indicator of the land share for buildings of different number of storeys in areas of mass residential development is based on regulatory documents regulating the specific dimensions of elements of residential territory in blocks and microdistricts.

Such elements of territories during different periods of construction of both block and microdistrict development were:

Territories under residential buildings;

Driveways and pedestrian roads leading to residential buildings;

Open areas for belt storage of vehicles;

Local green spaces, areas for children to relax and play;

Economic sites;

Sports grounds.

Specific indicators of the land share per 1 m_2 of the total area of ​​residential premises included in the condominium, depending on the number of floors and construction period, are given in the table in Appendix A.

When preparing these Guidelines, the results of relevant calculations carried out differentially for each construction period, starting from 1958, were taken into account in accordance with the regulatory documents of each construction period.

Graphs for determining the standard size of a land plot for buildings of different heights (based on average indicators) are shown in drawing Appendix B and can be used as auxiliary regulatory material.

3.4. The standard size of a land plot in a condominium, the determination of which is based on the principle of identifying the specific indicator of the land share for buildings of different heights, is calculated by multiplying the total area of ​​residential premises in a given condominium by the specific indicator of the land share according to formula (1):

norm.k to z.d.

where S is the standard size of a land plot in the standard for a condominium, m_2;

S - total area of ​​residential premises in the condominium, m_2;

k U - specific indicator of land share for buildings of different west. number of storeys (Appendix Table A).

Specific indicators of the land share for buildings of different heights are clarified by local governments, based on territorial urban planning standards, urban planning and legal zoning of a specific territory, taking into account the urban planning value and regional characteristics of the territories.

3.5. Determination of the size of land plots for non-residential premises (trade enterprises, consumer services, etc.) that are part of the condominium is carried out on the basis of urban planning standards, taking into account the requirements for the operation of these premises (organization of entrances, approaches, turning areas for transport, platforms for temporary parking, etc.) and is specified when developing the boundaries of the land plot included in the condominium.

3.6. When determining the size of a land plot in a condominium on the basis of a separate building within a block (especially in the central areas of settlements where there are virtually no excess territories), a calculation formula can also be used, which is based on the principle of identifying non-residential territories within the boundaries of a block or microdistrict that are not subject to transfer to condominiums, i.e. exclusion of school sites, preschool institutions, other separately located cultural and consumer service institutions, public areas of microdistrict and non-microdistrict significance, territories of unfinished, reconstructed and designed development, as well as other territories not occupied by residential development.

The size of a land plot in a condominium is calculated using the following formula (2):

S-S-S
kv ng jammed
S = ___________________ x S + S, (2)
to S common to built to
general building

where S is the size of the land plot in the condominium;

To
S - total area of ​​the block, microdistrict;
kv

S - the total area of ​​all non-residential territories not subject to transfer
nz
to condominiums;

S is the total built-up area of ​​all residential buildings in
stuck to
boundaries of a block, microdistrict;

S - the total total area of ​​residential premises of all residential premises
general building
buildings within the boundaries of a given block, microdistrict;

S is the total area of ​​residential premises of the condominium, for
general to
which calculates the standard size of a land plot;

S is the building area of ​​the condominium for which
stuck to
the land plot is calculated.

3.7. The transfer of land plots in condominiums in standard sizes into the ownership of homeowners is carried out in accordance with paragraph 10 of the Regulations on determining the size and establishing the boundaries of land plots in condominiums, approved by Decree of the Government of the Russian Federation of September 26, 1997 N 1223.

3.8. The size of the land share of each homeowner in the condominium is determined by multiplying the total area of ​​residential premises owned by this homeowner in the condominium by the specific indicator of the land share.

If the actual size of the land plot in the condominium is less than the standard size, the size of the land share of each homeowner is determined by dividing the actual area of ​​the land plot in the condominium by the total area of ​​residential premises in the condominium and multiplying by the total area of ​​residential premises owned by each homeowner.

Appendix A. Specific indicators of the land share per 1 m_2 of the total area of ​​residential premises for buildings of different heights

Appendix A

Construction				Number of storeys
1957 CH 41-58
1967 SNiP II-K.2-62
1975 SNiP II-60-75
1994 MGSN-1.01-94,	3,57 - 1,61	1,85 - 1,43
				Not less than 0.92

Notes 1. In a mixed-storey development, the specific indicator of the land share should be calculated on the weighted average harmonic number of storeys by interpolating the specific indicators given in the table.

2. SNiP 2.07.01-89 * is given for an estimated housing supply of 18 m2/person. With a different estimated housing supply, the estimated regulatory land share should be determined by the formula:

Y x 18
z.d18
Y = ____________,
W. N

where Y is the indicator of land share at 18 m_2/person;
z.d18

N - estimated housing supply, m_2.

Construction		Number of storeys
					More 22
1967 SNiP II-K.2-62
1975 SNiP II-60-75
1994 MGSN-1.01-94,

Appendix B. Charts for determining the standard size of a land plot for buildings of different heights

Appendix B

No schedule provided.

Appendix B. Calculation of standard sizes of land plots in condominiums

Appendix B

Examples:

1. Determination of the standard size of a land plot for a 5-story, 80-apartment building built in 1960 with an average apartment area of ​​50 m_2.

In accordance with the table in Appendix A, the specific land share indicator for 5-story buildings is 1.34. Consequently, the standard size of the land plot in accordance with formula (1) will be (50 x 80) x 1.34 = 5360 m_2.

2. Determination of the standard size of the land plot and the excess territory, if the condominium property consists of a group of three 9-story buildings of 5400 m2 of total area each, located on a given territory. Construction from the 80s.

The area of ​​the given territory is 2.5 hectares. There is also a kindergarten on this territory, the land plot of which is 3400 m_2. The actual area of ​​the residential area (excluding the kindergarten) is 25,000 - 3,400 = 21,600 m2.

In accordance with formula (1), the standard size of the plot of one residential building is 5400 x 0.98 = 5292 m_2. The total standard area of ​​land plots of three residential buildings is 5292 x 3 = 15876 m_2.

The excess area of ​​the territory is 21600 - 15876 = 5724 m_2. The excess size of the plot of each residential building is 5724: 3 = 1908 m_2.

Speaking about the boundaries within which this or that local area is located, it should be noted that this indicator is regulated by the Town Planning Code (in terms of its regulation), the Land Code (in the part in which the actual boundaries of the land plot allocated for a particular house are determined), as well as Federal Law No. 218-FZ “On State Registration of Real Estate” (regarding the procedure for registering a land plot as shared ownership of the residents of the house in question).

Snorm. = U*Sk, where Snorm is the standard area of ​​land that should be allocated for a specific house.

The Y value is determined by the formula for calculating the share of land per 1 square meter of housing. This indicator directly depends on the number of storeys of the building, its area and the number of apartments in it.

In addition, the year the house was built must be taken into account when calculating this indicator. The second indicator – Sк – is the area of ​​​​all available apartments in a given building, as well as all common property that is in this building.

At the same time, the local area should not include common areas, such as entrances and entrances near them, entrances to the basements of the house and other areas that cannot be separated from the house, as this will make it impossible to fully exploit it.

If boundaries have not been established...

They can be installed if such a decision is made at a meeting of the owners of all premises in the building in question. To do this, a meeting must be convened, based on the results of which such a decision will be made, documented in the form of a signed protocol. An example of a land surveying project for apartment buildings is divided into several stages:

Conclusion

The adjacent territory is a plot of land on which a house is located with all the infrastructure elements and green spaces necessary for its full functioning.

Such a site is subject to mandatory registration by establishing its designated boundaries and registering them. To do this, it is enough to gather all the owners of the premises in the house and at such a meeting make an appropriate decision and record it.

Views: 3

Yuri

Hello! Our apartment building was built in 1968. The land plot on which our house is located was registered in the cadastral register in 2002 on the basis of lists of previously registered land plots provided by the city administration, compiled based on the results of the city land inventory. In accordance with the extract from the State Property Committee, our land plot has the status of previously registered, but its boundaries have not been established in accordance with current legislation; the declared area of ​​the land plot is 1882 sq.m. , the purpose of the site is for the operation of a residential building. Several apartments in our building have been transferred by their owners to non-residential premises and are currently shops. We want to register the right of common shared ownership of our land plot. To do this, it is necessary to carry out land surveying, and for land surveying it is necessary to calculate the size of the area of ​​the land plot necessary for the operation of our house. According to the methodology set out in "SP 30-101-98 "Methodological instructions for calculating land plots in condominiums"" the size of the land plot required for the operation of an apartment building is calculated by multiplying the coefficient depending on the number of floors and the year of construction of the house by the total area of ​​​​all residential premises in this home. But some of the premises in our building that belong to individual owners today are not residential premises (shops). How does the legislation of the Russian Federation provide for determining the area of ​​land required for the operation of our house? Thank you.

Clarification from April 2, 2015 - 16:53
We also believe that when calculating the size of the area of ​​the land plot necessary for the operation of our house, it would be correct to take into account the area of ​​​​non-residential premises as well as residential ones, since when purchasing these premises, the part of the common property attributable to their share was also acquired (part of the land plot on which the our house) But the city administration refuses to approve the boundary plan of our land plot, in which the size of the area of ​​our land plot is calculated taking into account the fact that previously (during the development of this territory) all the premises in our house belonging to individual owners were residential. The city administration insists that non-residential premises should not have playgrounds, areas for recreation and sports, etc. and on this basis he asserts that in calculating the area of ​​land required for the operation of our house, only those premises that are currently residential should be taken into account. With this calculation, the area of ​​our land plot is reduced by almost half, since there were only 12 apartments in the building and 5 of them were converted into non-residential ones. According to the calculations of the City Administration, we are allotted a strip of land along the house 12 meters wide, but in such a plot it is impossible even to place parking for our cars due to the proximity to the windows of the apartments. And there is nothing left for a children's or sports ground, and we still need places for unloading goods to stores located on the entire first floor of the house. We intend to go to court, but we do not know on the basis of what legal norms we can prove the need to take into account store premises along with residential premises. Maybe there were any clarifications from any official bodies about this?!

Answers:

Elena Tarasova

Good afternoon, thank you for your question. You should know that

Unfortunately, the Housing Code of the Russian Federation does not contain special provisions on the procedure for determining the size of a land plot for an apartment building. But there are some guidelines in the legislation.

Thus, by virtue of Part 1 of Article 36 of the Housing Code of the Russian Federation, the boundaries and size of a land plot are calculated in accordance with land legislation and legislation on urban planning activities. More specifically, this provision is disclosed in paragraph 2 of Article 35 of the Land Code of the Russian Federation, which states that the area of ​​the part of the land plot occupied by a building and necessary for its use is determined in accordance with Part 3 of Article 33 of the Land Code of the Russian Federation.

However, this article talks about determining only the maximum sizes of land plots, which are established in accordance with the approved norms for land allocation for specific types of activities or in accordance with the rules of land use and development, land management, urban planning and design documentation. This means that in any case it will be necessary to set boundaries within certain limits, taking into account individual circumstances.

If land legislation speaks about the procedure for calculating the boundaries of a land plot under an apartment building only in general terms, then Part 4 of Article 43 of the Town Planning Code states that the dimensions should be determined taking into account the actual land use and town planning standards and rules that were in force during the period of development of the territories.

“Taking into account” can mean two possibilities for establishing the size of land plots: they can be equal to the indicators determined in accordance with urban planning standards and rules in force during the development period, or be less than them if the current land use does not allow these indicators to be adhered to.

At the present stage, by-laws on the rules for determining the boundaries of a site have not been developed. In this regard, it seems advisable to be guided by the previously established procedure for determining boundaries, which most fully took into account both the interests of residents and the necessary technical requirements.

Based on Article 10 of the Federal Law “On Homeowners’ Associations” in force before the entry into force of the Housing Code, Decree of the Government of the Russian Federation dated September 26, 1997 N 1223 “On approval of the Regulations on determining the size and establishing the boundaries of land plots in condominiums”, Code of Design Rules was adopted and construction SP 30101-98, Guidelines for calculating standard sizes of land plots in condominiums.

The basic principles laid down in these acts are as follows: if the land plot has not yet been allocated, then the boundaries are determined depending on the number of storeys of the building and the SNiPs in force during the construction period; if the land plot has already been allocated, then its boundaries are not subject to revision. The regulation details that the sizes of land plots for the creation of condominiums in existing development areas, as well as in newly developed territories, are determined in accordance with urban planning documentation, urban planning standards and methods for calculating the standard sizes of land plots in condominiums.

Expert recommendation
Thus, I believe that when calculating the area of ​​land required for the operation of your house, it is necessary to take into account non-residential areas as they were originally when building the house (i.e. as residential).

If you have any questions, I can answer in more detail.

Best wishes.

Hello.

Letter of the Ministry of Economic Development of the Russian Federation dated December 29, 2010 No. D23-5416 “On clarification of the procedure for forming a land plot for an apartment building”

The Real Estate Department of the Russian Ministry of Economic Development considered an appeal for clarification of the procedure for forming a land plot for an apartment building.

1. On the question of in what cases the formation of the land plot on which the apartment building is located is carried out by a state authority, in which local government, in what cases the tenant (land user) we inform.

Part 4 of Article 16 of Federal Law No. 189-FZ of December 29, 2004 “On the Entry into Force of the Housing Code of the Russian Federation” (hereinafter referred to as Federal Law No. 189-FZ) provides a general rule for state authorities and local governments on the formation of land the site on which the apartment building is located.

Currently, the legislation of the Russian Federation does not have a clear definition of the term “formation of a land plot”. Based on the requirements stipulated by the provisions of the Town Planning Code of the Russian Federation (hereinafter referred to as the Town Planning Code) and the Land Code of the Russian Federation (hereinafter referred to as the Land Code), the formation of a land plot for an apartment building includes:

1) preparation and approval of the territory planning project and the territory surveying project;

2) carrying out cadastral work in relation to the land plot in accordance with the requirements established by Federal Law of July 24, 2007 No. 221-FZ “On the State Real Estate Cadastre” (hereinafter referred to as Law No. 221-FZ) and carrying out state cadastral registration of the land plot .

At the same time, the preparation of a territory planning project and a territory surveying project carried out in relation to a land plot located under an apartment building falls within the competence of local government bodies.

Cadastral registration of real estate is carried out by the authorized body for entering into the state real estate cadastre information about real estate submitted on the basis of an application from any person (Articles 1, 3, 14 of Law No. 221-FZ).

Cadastral work is carried out by a cadastral engineer on the basis of a contract concluded in accordance with the requirements of civil legislation and Law No. 221-FZ for the performance of cadastral work on the initiative of the owner of the land plot (customer). At the same time, any person has the right to conclude this agreement with a cadastral engineer.

In accordance with Article 37 of Law No. 221-FZ, as a result of cadastral work, the cadastral engineer transfers to the customer of such cadastral work a boundary plan, a technical plan, and a survey report.

Based on Articles 9-11 of the Land Code, the formation of a land plot in federal ownership is carried out by federal executive authorities, the formation of a land plot owned by a constituent entity of the Russian Federation is carried out by the executive authorities of a constituent entity of the Russian Federation, the formation of a land plot located in a municipal property - local government bodies.

If state ownership of a land plot is not demarcated, the formation of such a land plot is carried out by a local government body (clause 10 of Article 3 of the Federal Law of October 25, 2001 No. 137-FZ “On the entry into force of the Land Code of the Russian Federation”).

The decision on the formation of a land plot is made by the bodies providing land plots (Article 29 of the Land Code), including on the basis of an application from the interested legal holder of the land plot.

2. On the question of what are the standards for determining the area of ​​the land plot on which an apartment building is located, and the principles for establishing such standards, we report.

According to Part 1 of Article 36 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code), 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 activities.

The location of the boundaries and the size of the land plot within the boundaries of the built-up areas, as well as its area, are determined taking into account the actual land use and urban planning standards and rules that were in force during the development of these territories (Part 4 of Article 43 of the Urban Planning Code).

In accordance with Part 9 of Article 38 of Federal Law No. 221-FZ, when clarifying the boundaries of a land plot, their location is determined based on the information contained in the title document for the land plot, or in the absence of such a document, from the information contained in the documents determining the location of the boundaries of the land plot during its formation. If the specified documents are missing, the boundaries of the land plot are the boundaries that have existed on the ground for fifteen or more years and are fixed using natural objects or objects of artificial origin that make it possible to determine the location of the boundaries of the land plot.

If the formation of land plots should be carried out taking into account a territory surveying project or another document, the location of the boundaries of these land plots is determined taking into account such a document (Part 10 of Article 38 of Federal Law No. 221-FZ).

3. On the question of whether, in this case, the development of territory planning documentation (territory planning project, territory surveying project) should be carried out in accordance with the requirements of Articles 42, 43 of the Town Planning Code, or whether it is possible to form new land plots in the manner established by Articles 11.3, 11.4 of the Land Code, we inform you.

In accordance with paragraph 2 of Article 6 of the Federal Law of December 29, 2004 No. 191-FZ “On the entry into force of the Urban Planning Code of the Russian Federation” (hereinafter referred to as Federal Law No. 191-FZ), before the entry into force in the prescribed manner of technical regulations on the organization territories, placement, design, construction and operation of buildings, structures, structures in the event that the built-up territories are not divided into land plots, the boundaries of the land plots on which apartment buildings are located are established through the preparation of territory planning projects and territory surveying projects, which are approved by the head local administration of the settlement, the head of the local administration of the city district, in compliance with the procedure for public hearings in accordance with Article 46 of the Town Planning Code. In this case, it is not allowed to require the provision of other documents for the approval of territorial planning projects and territorial surveying projects.

This norm provides for transitional provisions of urban planning legislation. Based on the content of this norm, in order to determine the boundaries of the land plot on which the apartment building is located, a territory planning project and a territory surveying project must be developed.

4. On the question of whether paragraph 2 of Article 6 of Federal Law No. 191-FZ applies only to cases established by Articles 46.1, 46.2, 46.3 of the Town Planning Code, or to other cases established by law, we inform you.

Due to the fact that paragraph 2 of Article 6 of Federal Law No. 191-FZ does not provide restrictions in relation to any specific cases, the Real Estate Department believes that this norm applies to all relations regulated by legislation in the field of urban planning activities

Director

Real Estate Department A.I. Ivak

You also have the right to seek clarification from the Ministry of Economic Development.

Hello!

The lack of regulation of the procedure for determining the size of a land plot of an apartment building leads to the fact that practice for the most part follows the path of determining the size of a land plot of an apartment building based on the edge of the building's foundation. At the same time, the legislation (Article 36 of the Housing Code of the Russian Federation) provides for the inclusion in the site of an apartment building of the territory necessary for the maintenance and operation of the building, occupied by landscaping and improvement projects. Operating a house involves providing an apartment building with various services that ensure safety and comfort of living through utility systems and networks (gas, heat, water, electricity, etc.). Urban planning legislation (Article 6 of the Federal Law “On the implementation of the City Code of the Russian Federation”) allows you to determine the size of the land plot of an apartment building in planning projects and land surveying projects before the adoption of technical regulations for the placement, design, construction and operation of buildings, structures, and structures.

In the case of determining the size of a land plot of an apartment building based on the edge of the foundation of the building, land plots outside the edge of the foundation of an apartment building are considered as public land plots (used for travel/passage of an indefinite number of persons). I believe that state authorities and local authorities, by establishing in planning projects and land surveying projects the size of the plot of an apartment building based on the edge of the building's foundation, violate the rights of the owners of premises in such a building, since they create conditions that impede the exercise of the owner's rights.

Since the legislation (Article 16 of the Federal Law “On the implementation of the Housing Code of the Russian Federation”) stipulates the emergence of a land plot of an apartment building and the ownership of such a plot with its state cadastral registration, information on the registration of the building of an apartment building is important for determining the size of the harvesting area apartment building.

Expert opinion regarding the criteria for determining the size of a land plot for an apartment building:

The site of an apartment building cannot be within the edge of the building's foundation, since maintenance of the building (painting, whitewashing walls, repairing roofs, windows, etc.) requires an area beyond the edge of the building's foundation. In technical regulations for the placement, design, construction and operation of buildings, structures, structures, as well as in planning projects and land surveying projects, the land plot of an apartment building as part of the common property must include the territory necessary for the maintenance and operation of the house, depending on its technical characteristics ( number of storeys, design features, etc.). A different approach (determining the site by cutting off the foundation of the house) will create obstacles in the exercise by the owners of the premises of an apartment building of their rights.

Over the past few years, there has been considerable debate as to whether the “privatization” of a land plot for an apartment building is beneficial for owners of residential and non-residential premises. At the moment, there is already enough information, incl. jurisprudence to draw a clear conclusion. Here are the conclusions based on our experience in registering land under apartment buildings. Pros and cons of design.

Legal grounds for registering land for apartment buildings.

In accordance with Art. 36 of the Land Code of the Russian Federation in existing buildings, 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. Thus, according to Article 16 of the Housing Code of the Russian Federation, the land plot on which an apartment building and other real estate objects included in such a building are located is the common shared property of the owners of the premises in the apartment building.

If the land plot on which the apartment building and other real estate objects included in such a building are located was not formed before the Housing Code of the Russian Federation came into force, on the basis of a decision of the general meeting of owners of premises in the apartment building, any person authorized by the said meeting has the right to apply to state authorities or local authorities with an application for the formation of a land plot on which an apartment building (MKD) is located.

The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments.

At what point does ownership of land under an apartment building arise?

From the moment of formation of the land plot and its state cadastral registration a plot of land on which an apartment building and other real estate objects included in such a building are located, transfers free of charge into common shared ownership owners of premises in an apartment building.

Thus, the provisions of the Constitution of the Russian Federation are implemented in the Housing Code of the Russian Federation and the Federal Law “On the Entry into Action of the Housing Code of the Russian Federation”.

Namely, taking into account the legal nature of the common property of the owners of premises in an apartment building, the legislator included legal regulation of relations regarding the transfer to the common shared ownership of the owners of premises in an apartment building of the land plot under this house as an element of the common property of such an apartment building.

Consequently, the right of the owners of the premises of an apartment building to a land plot follows directly from the right of ownership of residential or non-residential premises in such a building.

How to register a land plot for an apartment building?

For the free transfer of a land plot on which an apartment building and other real estate objects included in such a house are located into the common shared ownership of the owners of the premises in such a house, it is necessary and sufficient for state authorities or local government bodies to form this land plot in accordance with the requirements land and town planning legislation, as well as its state cadastral registration. Despite the fact that neither a special decision of public authorities on the provision of a land plot, nor state registration of the right of common shared ownership of this land plot in the register of rights to real estate (USRN) is required with it.

The main problems of the owners, as well as their house management organizations, boil down to the fact that at the time of acquiring common ownership rights to a land plot, the owners are happy that they are provided with land for free, but about the consequences, incl. financial, they, unfortunately, do not think about such property.

ADVANTAGES of registering land for MKD:

Additional guarantees.

1. Without the consent of the owners, it is impossible to use the land, such as laying new roads, construction, organizing commercial and other enterprises (car washes, parking lots, garages, etc.) on the territory owned by the owners of the apartment building.
2. Without the consent of the owner, any alienation of part of the land plot is not possible, nor is the demolition (construction) of any buildings possible.
3. It is impossible to seize a land plot for municipal (state) needs free of charge.

Additional possible profit.

Owners have the right to rent out part of the land plot or provide it for other paid use. In addition, the presence of land ownership significantly increases the cost per square meter of residential or non-residential premises.

Ease of use.

Owners have the right to perform various actions with the land plot, incl. aimed at its improvement, construction of additional structures, playgrounds and other buildings necessary to ensure the normal functioning of the apartment building.

DISADVANTAGES of registering land for MKD:

Taxes.

Since 2015, owners of premises in apartment buildings have been exempted from paying land tax in accordance with Art. 389 Tax Code of the Russian Federation. However, it should be borne in mind that the presence of a share in the right to land may increase the cadastral value of the premises itself, and, consequently, the tax burden.

Responsibility.

Owners are required to be responsible for the maintenance of their land. Consequently, the responsibility for maintaining, repairing, cleaning roads, landscaping elements (lawns, playgrounds, green areas, parking spaces, etc.) lies with the owner, and, therefore, liability measures can be applied to him. The owner (his DUK) may be fined for not removing snow, for not removing garbage, etc.

Price.

As a minus, one should also point out the increase in the cost per square meter of premises, since this narrows the circle of buyers and tenants for the owners, as well as an increase in the costs of maintaining the common property of the apartment building.

As we see, the number of advantages outweighs the number of disadvantages, however, at second glance, obvious advantages can become negative.

Unobvious disadvantages of registering land for MKD.

As an argument for speedy registration of land ownership, some residents cite this - the possibility of building useful and necessary facilities for citizens in the local area. But here you need to know and remember that any territory in the city has its own purpose and on the site under an apartment building, for example, no one will be allowed to build a stall selling alcoholic beverages. The possibilities for using local areas are very limited. This is due to many factors: crowded residential buildings, urban planning restrictions and regulatory and technical requirements, as well as other factors.

In addition, some people consider an increase in the market value of housing after registration of common ownership of land as a plus of registering land ownership. Actually this is not true. The share in the land plot under an apartment building itself exists only hypothetically: it cannot be sold, donated, or received a loan for it. The land plot is inseparable from the residential building, that is, it is deprived of independent negotiability. Just as the part of the common property owned by the owner is inseparable - a piece of the landing or a square decimeter of the attic.

Summarizing the discussion about the usefulness or harm of privatization of the local area, one should remember one very significant circumstance: the transfer of land plots into ownership under MKD will first of all reduce the financial burden of the local government, and accordingly, it is very profitable for the authorities to transfer the costs of maintaining the residential areas to citizens. It was for this purpose that public hearings were held in the city of Nizhny Novgorod on the formation of a land plot, which subsequently became big surprises for citizens, since the authorities tried to register the largest possible plots for small residential buildings, including the territory of internal passages, communication zones, etc.

Recommendations. If the land plot for an apartment building has not yet been formed, think about its boundaries and the costs of its maintenance. It must be remembered that on lands occupied by communications, it is impossible to build permanent structures, but any temporary ones, incl. and lawns can be destroyed at the same time. If the plot has already been registered, it is probably worth thinking about to minimize the tax burden.

About 100 million Russians live in apartment buildings, which is 2/3 of the total population of the Russian Federation according to Rosstat. It is not surprising that many people are concerned about the issue. Children's playgrounds, parking lots, plantings, unplanned buildings under the windows of residents are objects of financial, environmental, social, legal and other aspects of law.

What laws regulate property relations in this case?

1. Housing Code of the Russian Federation (Articles 33, 34, 36, 37, 44);
2. Federal laws:
   • No. 189-FZ dated December 29. 2004 (Article 16).
   • No. 221-FZ of July 24, 2007 (Articles 38, 39);
   • No. 191-FZ of December 29, 2004 (Article 6);
3. Decree of the Government of the Russian Federation No. 576 of 08/07/2002.
4. Decree of the Government of the Russian Federation No. 1223 of September 26, 1997. (as amended on August 21, 2000);
5. Order of the Ministry of Justice of the Russian Federation No. 29 of February 14, 2007, etc.

What is the procedure for determining the size and boundaries of a site?

The size of the plot is determined in accordance with Land Law. According to the law on urban planning activities, they are calculated based on actual volumes of land use and approved urban planning rules.

Answer: No, the decision to register land ownership is made on a voluntary basis, by voting at a general meeting.

Question: Are there any restrictions on the intended use of a land plot registered as common shared ownership?

Answer: Yes, decisions and actions regarding the use of privatized plots should not contradict the current legislation of the Russian Federation.

Question : Are there standards for the size of privatized plots?

Answer: No, there are no strict standards. At the general meeting of owners, residents must decide on the size of the site for boundary survey work. They can be both maximum and minimum (including the area under the house and the entrances to it).

Question: If there have been previous surveys in this area, is it possible to submit a request to change the size of the site?

Answer: No. In this case, you can submit an application for registration of ownership of a land plot with precisely defined boundaries and size (according to the current Boundary Survey Plan).

Question: What official documents regarding the registration of the site should I receive?

Answer: Geodetic plan, Certificate of registration of common shared ownership (issued at the local representative office of Rosreestr).

Land under an apartment building: how can it be used?

- many people have a more or less clear idea of ​​how exactly to obtain personal ownership of a plot of land under an apartment building? More details in the video.