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; effective use of lands 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 cars;

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.) included in 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 general 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 that are 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. Graphs 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 m_2.

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.

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 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.

One can understand the desire of the residents of an apartment building to install garages in the courtyard of their house and the adjacent territory instead of a playground to accommodate their cars, to build some kind of building for doing business, or simply to limit access to their courtyard for unauthorized persons by fencing the local area with a fence.

To what extent do these actions comply with the law and can be recognized as lawful? After all, it is this piece of land that becomes the cause of numerous conflict situations between the owners of apartments, non-residential premises in the house and the authorities.

The law does not provide guidance on how to determine the boundaries of the local area. The main thing is that fire safety standards, urban planning and sanitary standards must be observed. And there should be no obstacles to ensuring the normal functioning of the residential building.

The answer to the question of who owns the land located under an apartment building and the adjacent territory is contained in Article 36 of the Housing Code of the Russian Federation. It states that it, together with all the facilities located on it for servicing the apartment building and green spaces, belongs to all the owners of the premises of this building.

In such circumstances, we are talking about the regime of common shared ownership. This means that they all have the right to own, use and dispose of it jointly within the limits established not only by the civil, but also by the housing code.

Thus, all owners of apartments and non-residential premises in a residential building have equal rights to the land plot underneath it.

At the same time, the question quite reasonably arises: from what time does their right of ownership arise? This information is important for land owners to determine the point at which they should pay land tax in order to avoid problems with the tax authorities.

If the site under a residential building with all the facilities serving it was already registered in the cadastral register before the Housing Code of the Russian Federation came into force, then it becomes available to all co-owners free of charge.

They have the right of common shared ownership. This provision is enshrined in Article 16 of the Federal Law of December 29, 2004 “On the entry into force of the Housing Code of the Russian Federation.” For information: the provisions of the RF Housing Code have been applied on the territory of the Russian Federation since March 1, 2005.

If before this period there was no information about the land plot in the cadastre data, then the future owners will have to initiate this process themselves and start registering their rights to it. This can be done in different ways.

First, you need to organize and hold a general meeting with the participation of all residents. It may empower its representative to carry out all work related to the legalization of land. In this case, he will represent the interests of all co-owners in government and other bodies, coordinating all issues with them.

At the same time, each of the owners of an apartment or non-residential premises in a house can independently apply to the authorized bodies with a request to form a site. Upon its completion, ownership of the plot arises for all residents (Part 3, Article 16 of the above law).

So, in order to become full owners of the land on which an apartment building is built, it is enough to initiate measures as a result of which this plot will be registered in the cadastral register. Only after this will it become the property of all owners of residential and non-residential premises located in the house.

Their acquisition of property rights is carried out free of charge: completely free for future owners.

Since the land plot is classified as real estate, remember that legal ownership of it arises not from the date of completion of the above actions, but from the moment of its registration with the authorized bodies. This is provided for in Article 131 of the Civil Code of the Russian Federation.

Owners of premises in apartment buildings built after 2005 should not worry about registration and legalization of rights to a land plot. The developers who put these apartment buildings into operation had already registered their rights to the lands on which they planned to begin construction of residential buildings before starting construction. Upon completion of construction and commissioning of the house, they legally sold their apartments.

When making such transactions for their purchase and sale, the buyers, along with the living space, also simultaneously acquired ownership of a share of the land plot. From this moment on, all rights of the developer to this territory are considered terminated. In such cases, the adoption of any resolution by government agencies is not required for the emergence of ownership rights of the residents of the house.

How to find out who owns the land plot under an apartment building

You can obtain information about the owner of a land plot online on the Rosreestr website. To do this, find the “Public cadastral map” tab on it. On this map, select your region, look at the map of the city (village), find and click on the plot of land that interests you. After which a window will pop up with all the information available in the cadastral registration.

Data on tax payments can serve as confirmation of the fact that a land plot is in someone’s ownership.

The receipt sent to homeowners indicates the amount of property taxes. If such data is available in the notifications, this means that the land plot has an owner whose rights have already been properly formalized.

How to register a land plot under an apartment building as property

Each apartment owner can begin the process of registering his ownership of a share in a land plot under an apartment building. But given that this is a very long and expensive procedure, it would be wiser to join forces with other co-owners of the premises or to bring the municipality to your side in resolving this issue. After all, he is the owner of the apartments in which residents live on the basis of social tenancy agreements.

Carry out the process of legal registration and subsequent registration of property rights in stages:

• organize a meeting with the participation of all owners of the premises located in your house and obtain their consent to initiate the procedure for registering the right to a land plot. To take further actions and represent the interests of potential owners, select your representative;
• prepare and submit to the authorized body an application for the formation of a land plot;
• wait until all activities for its formation are completed;
• register ownership in Rosreestr.

Not everyone understands what is meant by the term “formation of a land plot.”

It includes the implementation by specialists of the following activities:

• development and subsequent approval of land surveying projects (defining its boundaries) and territory planning;
• carrying out all necessary work by the appointed cadastral engineer. This is preceded by the conclusion of a contract with the customer (Federal Law 07/24/2007 N 221-FZ “On the State Real Estate Cadastre”).

After the final determination of the boundaries of the land plot, start entering data about it into the state cadastre. Such an application can be submitted not only by its owners, but also by other interested parties. Make sure that the documents on land registration clearly indicate that we are talking about a site allocated specifically for the placement of a residential apartment building.

Confirmation of the completion of registration of the plot and entry of information about it into the cadastre is the cadastral passport of the land plot.

It is issued to the applicant and contains comprehensive information about the property owned by the owner. A cadastral passport is an extract from the real estate cadastre and gives the right to make any transactions with real estate.

In relation to land plots under apartment buildings and adjacent areas, the passports indicate that:

• the copyright holders are all co-owners of the premises;
• we are talking about their ownership of the land by right of common shared ownership;
• The share of each co-owner is determined depending on the area of ​​residential or non-residential premises in the house owned by him.

Documents for registration of a land plot under an apartment building

The person elected by the general meeting will have to prepare a package of documents that he will need to fulfill his responsibilities for registering the land plot:

• minutes of the meeting of residents on the issue of land registration;
• documents confirming the ownership of each apartment tenant, indicating its area;
• documents containing information from the state cadastre;
• statement about the need to form a site;
• additional documents.

• application for registration of common property rights;
• a document that confirms the authority of the representative;
• a receipt confirming the fact of payment of the state duty;
• information about apartment owners;
• documents indicating that the applicants have rights to common real estate;
• registration certificate for the property.

The process of allocating land ownership rights is free for owners of premises in the house. They receive shared ownership of the land under the house and the adjacent territory without any payment for it. They only have to pay a state fee of one hundred rubles.

It is paid for registration of ownership by each co-owner.

If 20 families live in an apartment building, then the total amount of duty they must pay will be 2,000 rubles.

A lot of disputes between owners of premises in apartment buildings and management companies arise around the local area. If a land plot under a residential building is formed and registered in the cadastral register, then it is included in composition of common property in MKD. Consequently, the owners pay the management company for cleaning it. And management companies are required to maintain the local area in proper order for a monthly fee.

But often the land plot for MKD is not formed and is not registered in the cadastral register. Therefore it is impossible to determine boundaries of the local area, included in the common property of the owners of premises in the apartment building. The situation raises many questions and problems. How to register a land plot as the common property of an apartment building? Who determines its boundaries and how? What is a local area? When does the management company have the right to include in the receipt the column: cleaning of the local area? We'll try to figure it all out.

The adjacent territory as part of the common property of the apartment building

A land plot under a residential building is recognized as the adjacent territory with elements of landscaping and landscaping, which relates to the common property of the owners of premises in the apartment building (Part 1 of Article 36 of the Housing Code of the Russian Federation). This common property, which cannot become someone's private property. The size and boundaries of the site remain unchanged, unless the owners at the general meeting decide to carry out reconstruction (clause 4 of article 37 of the Housing Code of the Russian Federation).

The boundaries and size of the local area formed under the apartment building are determined in accordance with the requirements of land and town planning legislation (clause 4, part 1, article 36 of the Housing Code of the Russian Federation).

In paragraph 3 Rules for maintaining common property in apartment buildings(RF RF No. 491 dated August 13, 2006) states that when determining the composition of the common property of an apartment building, it is necessary to be guided by the data of the Unified State Register and the state land cadastre on the rights to real estate that are common property. If there are discrepancies or contradictions between information on the composition of common property contained in Rosreestr, with the documentation of state technical or accounting records of the management company, or technical documentation for MKD, data from the Unified State Register will have priority.

Transfer of the land plot under the house into the ownership of the owners of the premises in the apartment building

The year the house was built is important. Article 16 of Federal Law No. 189 of December 29, 2004 “On the implementation of the Housing Code of the Russian Federation” approved the conditions and procedure for the transfer of a land plot into the common ownership of the owners of premises in the apartment building located on it.

Therefore:

• if the land plot under the MKD was formed before the entry into force of the Housing Code of the Russian Federation and consists of state cadastral registration, then it passes free of charge into the common ownership of the owners of the premises in the house (Part 2 of Article 16 of Federal Law No. 189).
• owners of premises in an apartment building, the land plot under which has not been formed, can independently apply to the authorized bodies of state power or local government with a written application for their formation. The application will serve as the basis for the government body to form a land plot and place it on cadastral registration(Clause 3 of the Resolution of the Constitutional Court of the Russian Federation of May 28, 2010 No. 12-P).

Residential buildings built after the entry into force of the Housing Code of the Russian Federation are put into operation only if data on the location of the boundaries of the land plot under the apartment building are entered into the state real estate cadastre. The land plot under the house becomes the common property of the homeowners from the moment it is registered with the state cadastral register.

As a rule, an agreement is concluded between the management company and the local government body, according to which the management company undertakes to clean up and maintain in proper order the disputed land plot under the house. In turn, the local government body, under the same agreement, provides subsidies to the management company.

Arbitrage practice

As we have already noted, there is rich judicial practice in cases concerning property rights to the local area MKD, as well as challenging the payment for its cleaning. The owners of premises in the house and management companies, as well as the residents of the house, are constantly suing each other over the land plot under the apartment building.

How to register ownership of a land plot under an apartment building?

To avoid various misunderstandings and legal disputes regarding determining the boundaries of the local area under an apartment building, it is necessary to form a land plot on which the house is located and register it with the cadastral register. How to do it?

To register ownership of a land plot under an apartment building, you should follow the following algorithm of actions.

Step 1 Conducting a general meeting of owners of premises in the apartment building on the formation of a land plot

Step 3 Registration of the land plot for cadastral registration

With written application for cadastral registration a person authorized by the decision of the general meeting of owners of premises in the house (clause 1 of article 20 of Federal Law No. 221 of July 24, 2007) must apply for a plot of land under an apartment building.

Step 4 Collecting a package of documents for registering the right of common ownership of a land plot

Since 2015, plots that are part of the common property of apartment buildings are not subject to land tax (clause 6, clause 2, article 389 of the Tax Code of the Russian Federation).

It is much easier to hold a general meeting of owners and decide on the inclusion of a land plot in the common property of the house with the help of.

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. Ivakin

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”

Document overview

Some issues regarding the formation of a land plot for an apartment building are clarified.

The formation of the specified site includes the preparation and approval of a project for planning and land surveying of the territory, cadastral work and state cadastral registration.

Preparation of a planning and land surveying project falls within the competence of local government bodies. Cadastral registration of real estate is carried out by Rosreestr.

As a result of cadastral work, the engineer transfers to the customer boundary and technical plans and an inspection report.

A land plot in federal ownership is formed by federal authorities, owned by a subject of the Federation - by a region, and municipally owned - by a municipality.

If ownership of a plot is not demarcated, then it is formed by the municipality.

The decision on the formation of a site is made by the authorities providing it.

The location of the boundaries and the size of the 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 in force during the development period.

When clarifying the boundaries of a site, their location is determined based on the information contained in the title document or in those that fixed the location of the boundaries when it was formed.

If the specified documents are missing, then the boundaries of the site are those that have existed on the ground for 15 years or more and are fixed using natural or artificial objects.

If plots are to be formed taking into account a land surveying project or other document, then they are taken into account when determining the location of the boundaries.

In order to determine the boundaries of the land plot on which the apartment building is located, a planning and land surveying project must be developed.