And since the house is located on a specific plot of land, in order to become the owner of the property, you must also own the land on which the house is built. To do this, you should register the privatization of land under a private house.
How does the procedure for privatization of a land plot take place, what documents are needed for this and how much does it cost to register housing as a property in 2023?
What is privatization of land for a private house?
Privatization of a land plot means the free transfer of land from a state authority or local government body (city, village, town council) to an individual or legal entity.
Free privatization means that a person will not pay anything for a land plot to a state authority or local government. However, he will still have to incur some costs associated with the process of registering the land for privatization.
Types of land privatization
There are the following methods of land privatization:
- free privatization carried out in accordance with the general procedure;
- free transfer of ownership carried out administratively;
- the emergence of the right to a land plot on a paid basis - involves the purchase of land from the owner (local administration);
- privatization through the courts.
You can apply for free privatization for the following categories of land plots:
- on the land where the residential building is located;
- on a plot that was allocated to a person for rent for farming;
- at a dacha, which was provided to a citizen on a perpetual use basis;
- on a site that is in permanent use, as well as on which a residential building is built.
What documents are needed to privatize a land plot under a house in 2023?
The future owner of the property needs to prepare an impressive package of documents, which should include the following papers:
- the applicant's civil passport;
- application for land privatization;
- documents confirming the right to use and own land - contracts, acts, etc.;
- documents for a private house located on a plot of land - technical and cadastral passport, work plan, building permit;
- a certificate from the city administration about the assessment of the value of the site;
- a certificate with the characteristics of the site, the total area of land, as well as land tax;
- a document confirming ownership of the property - an extract from the Unified State Register.
You can privatize a plot of land for a private house for free only once in your entire life.
How to privatize land under a private house? Privatization procedure
Where to start the privatization procedure so that everything is done in accordance with the law?
To properly privatize land, it is advisable to seek help from a notary or lawyer. The expert will advise you and help you understand all the intricacies of privatization.
Next, the privatization process looks like this:
Step 1. Collecting documents
This is the most critical stage in the privatization process . After all, not all documents for a house or land are available to a person who wants to privatize a plot.
For example, there may not be a cadastral plan. Therefore, the interested person needs to go to the land committee and order this document. You can also get a certificate about the price of the land there.
The applicant must receive a certificate from the tax service about the amount of tax, as well as the cost of the plot . At the technical inventory bureau, the applicant needs to obtain a certificate of the value of the house located on the site.
The prepared documents are submitted to the local administration. Based on the applicant’s application, the competent authorities make a decision.
Step 2. Contact Rosreestr
When all the documents for privatization are ready, the owner of a private house must contact the territorial office of Rosreestr at the location of the property.
On the spot, he fills out an application and submits it to a competent employee, making sure to attach the entire package of documents to the application.
If the application has been approved, then the applicant receives notification of a positive decision. If the application was rejected, the reason why the applicant was rejected must be indicated.
Within 1 month after receiving the decision, he must eliminate all inaccuracies and resubmit the documents for consideration.
Step 3. Contact a cadastral engineer
If the application for privatization has been approved, then the applicant must go to the cadastral company and invite a competent employee to the site location, who will carry out the land surveying procedure and also draw up the cadastral plan.
Step 4. Contact the land committee of the local administration
Once the documents for the land have been prepared, the applicant must submit them to the land committee under the state administration. On the spot, an agreement is concluded with him on the free transfer of land ownership.
How much does it cost to privatize a plot of land for a private house?
The advantage of privatization is that a person does not have to pay anything to buy out the land - he actually receives it for free.
But you will have to pay for the procedure for registering such land:
- for carrying out cadastral work, geodetic survey on the site - from 10 thousand rubles. (depending on the location of the site, its area);
- for obtaining an extract from the Unified State Register of Real Estate – 300 rubles;
- for notary services – from 1 thousand rubles. and up to several thousand.
How to privatize land near the house if there are no grounds for free privatization?
If a public ban on privatization has been established on a land plot, then the land can be transferred through its purchase.
Privatization with redemption differs from the usual purchase of land in that the plot is transferred to the person not at market value, but at cadastral value. Thus, a person buys a plot several times cheaper.
The cadastral value of the land is established after an expert is called to the site, who will conduct an examination and issue an appropriate resolution.
The procedure for privatizing land through purchase is available only for those plots that are officially registered in the cadastral register, and also if the owner has a cadastral passport.
Is it necessary to privatize the land under a private house?
Then he will be able to dispose of the property at his own discretion - he can donate a house with a plot, sell it, rent it out, bequeath it, etc.
Along with his rights, he also has responsibilities: he will need to pay taxes and use the land for its intended purpose.
If a person does not privatize a land plot, then he will actually not have any rights to it . If, for example, it becomes necessary to use this site for the construction of a highway, the state will not hesitate to take this land, but will not pay the person any compensation.
Is land considered privatized if the house located on it has been privatized?
No, it doesn't count . Owners of private privatized houses do not automatically become owners of the land on which these houses were built.
But citizens of such buildings have the right to use such land on an indefinite basis. They also have the opportunity to register land ownership, but only after the land plot is privatized.
Is it possible to privatize a plot if a residential building located on it has several owners?
Yes, it is possible to privatize land in this case, but several requirements must be met . Thus, in order to register ownership of land, it is first necessary to obtain the consent of all co-owners.
- Next, you need to submit a joint application to the local administration.
- After the privatization procedure is completed, not one person will become the owner of the land plot, but all persons who are co-owners of a private house.
- It turns out that the territory will become common shared property.
Time frame for privatization of land
The procedure for transferring ownership of land is a long process that can last from 4 months to 1.5 years.
During this period, the interested person must collect an impressive list of documents, submit an application for cadastral work, register the plot of land in the cadastral register, obtain approval from the local administration to transfer ownership of the plot, etc.
The privatization process can be accelerated if you seek help from certain companies and organizations that help individuals quickly carry out the procedure for transferring ownership rights . But you need to be prepared for the fact that you will have to spend a lot of money for such services.
The procedure for privatizing a land plot on which a private house is located is not a set of complex rules, but requires knowledge and care from the citizen.
Land privatization is a free procedure, but for the process of registering a plot the owner will have to pay 12 thousand rubles and more.
How to privatize a land plot - Land privatization, 2023
- Privatization of a plot of land for a private house, in a garden society, or simply in a city or village for the development and maintenance of buildings and structures - although free within the limits established by law, however, requires time spent on obtaining, agreeing and processing numerous documents, financial costs ( money) associated with the development of technical documentation and land acquisition.
- If you are wondering: how to privatize land in 2023 , what is needed for this, how much will it cost, how much time and effort is needed, the cost/price of going through all the procedures, then this article is for you.
- It should be noted that the procedures described below are quite complex and are usually supported by a land lawyer.
What is privatization of a land plot and legal support for this procedure
Privatization is the transfer (alienation) of an object (property) of state or municipal property rights into private ownership.
The concept of “land privatization” means obtaining ownership of a certain plot and its subsequent registration in the State Register of Property Rights. This is a lengthy process through which the state transfers ownership of an individually defined plot of land to a specific private individual.
See also the definition of “land privatization” in Wikipedia (Ukrainian).
Privatization support and legal services on other land issues
It should be noted that the lawyers of Alva Privacy JSC provide full professional legal support at all stages of the land privatization procedure , which includes:
- obtaining permits and approvals for the development of special technical land management documentation for the formation of the selected land plot;
- making a decision by an authorized state body. authorities on the transfer of the relevant plot to private ownership;
- assistance in correctly and promptly preparing the necessary package of documents for registration of the granted right.
Such support can be ordered from our association as a separate legal service (a separate one-time amount of work), and if, for example, an enterprise or other business entity is subscribed to the legal services of Alva Privacy JSC, then our lawyers and attorneys will carry out all the necessary actions and instructions within the allotted subscriber time.
How to privatize land: procedure and stages of obtaining ownership rights
In the procedure for initially obtaining the right of private ownership of land, the following stages of technical, legal and advisory work on land allocation :
Name and summary of the stage Estimated waiting time for the result| Search for a “free” land plot in accordance with the specified characteristics (obtaining initial data and characteristics of the land plot, checking according to register data (form of ownership, existing property rights, intended purpose, etc.) | 12 o'Clock in the noon |
Assistance in the development and approval of “special” technical documentation:
|
3 – 10 days |
| Obtaining permission from the authorized body to develop (order) technical land management documentation (or use the right to produce technical documents on the principle of “tacit consent” provided for by the land legislation of Ukraine) | 30 days |
| Ordering technical documentation from a specialized land management organization. At this stage, there is a need for a large number of “related” actions, such as obtaining information on the approval of such documentation in the relevant local authorities of land resources, architecture, obtaining an extract from the detailed plan of the relevant territory, correspondence and / or personal reception with the chief architect of the area, others specialists. |
from 90 to 180 days |
| Coordination of the developed technical land management documentation in the State Land Cadastre (including the preparation of applications and a package of documents for submission; correspondence with the State Land Committee, providing additional explanations, making changes to the technical documentation if necessary) | from 60 to 90 days |
| Support in the process of assigning a “unique” cadastral number, which is allocated to a specific land plot and entered into the State Land Land Register, obtaining an extract from the State Land Land Register, which includes drawing up and submitting an application to the administrative center. services) | up to 30 days |
| Submitting a petition (form established by law) to the relevant authority in order to obtain from it a decision on the allocation of a land plot to personal private ownership. | 2 – 5 days |
| Monitoring the progress of a personal file on the privatization of a land plot in the relevant body (checking whether the matter is included in the agenda, obtaining information about the voting results) | from 60 to 90 days |
| Monitoring the results of voting regarding the decision to transfer a land plot into ownership. | from 60 to 90 days |
| Actual receipt of the signed text of the decision on the privatization of the site. | 2 – 5 days |
Registration of ownership of a land plot in the Unified State Register of Rights to Real Estate:
|
5 days |
The cost of legal services for full support of all the procedures described above can only be determined very approximately and can range from 30,000 to 80,000 hryvnia. The final price , of course, will depend on the specific circumstances, as well as the amount of legal assistance from lawyers.
How to privatize a land plot in Kyiv
In the city of Kiev, the procedure for obtaining land rights from communal property lands, the forms of necessary applications and petitions were approved by the decision of the Kiev City Council dated April 20, 2017 No. 241/2463 “On approval of the Procedure for acquiring land rights from communal property lands in the city of Kiev” (Ukrainian .), which can be found at the link.
In all cases, after receiving a positive decision from the competent authority on the provision of a land plot for personal private ownership, such right should be registered in the Unified State Register, which is carried out by the state registrar.
Who has the right to free ownership of land (privatization)?
Regarding the answer to the question of who exactly and in what cases has the right to receive free land , it should be noted that any citizen who has reached the age of 18 has the right to receive a plot of land from communal or state property into his private property under the following conditions :
- If the site subject to privatization is already in use by individuals. persons on the basis of a lease agreement or a state act for the right of permanent use.
- If there is already a residential house (or garden house) on the land plot, which is privately owned by the applicant and this right is registered in the Unified State Register of Property Rights.
- When a citizen wished to exercise his constitutional right - to receive a free plot of land, that is, to “transfer” a free plot from communal or state property to private property - for the first time.
Features of obtaining land for a residential building
It should be noted that the law provides for the so-called “simplified” procedure for obtaining the right to a land plot - by completing and submitting only technical documentation for the land and registering it with the State Land Land Committee. This method can only be applied if your residential (not a garden or country house) house is located on the site.
Please note that the privatization of a land plot is carried out in relation to all co-owners of the house, that is, if there are several co-owners - in proportion to the parts of the ownership rights of each in this housing.
Obtaining a plot in this case will be with the following type of land use: “for the operation and maintenance of a residential building, utility buildings, structures . The total area of the plot that is privatized (allocated) in this case should not exceed 0.10 hectares .
Provided that a residential building is located on the site, you will not have to go through a lengthy procedure for registering a land plot by developing a land allotment project in accordance with the general norms of the Land Code of Ukraine (Ukrainian), which involves numerous approvals with officials in the field of land management and other “bureaucratic” procedures.
Privatization of land in a garden society or cooperative
Privatization of land “for gardening” or “for the construction of a garden house” is possible only on the territories of garden societies (cooperatives). Only members of the garden cooperative on whose territory the land plot is located have the right to registration.
The stages and procedure for privatizing a garden plot are the same as those provided for privatizing land for the construction and/or maintenance of a residential building.
The only difference is in the list of documents required for submission.
- Firstly, in order to obtain permission to develop a land management project, it is necessary to provide a “certificate” from the chairman (authorized person) of the garden society, which confirms the applicant’s membership in the relevant cooperative.
- Secondly, it is mandatory to submit a copy from the general plan of the garden society indicating the location of the plot that the applicant plans to privatize.
Please note: land plots for gardening are transferred with an area of no more than 0.12 hectares (in the case of plots for building a house, the area cannot exceed 0.1 hectares ).
Allocation of land for construction
If you need to obtain ownership of a land plot for the construction of a new building or reconstruction of an existing building, you cannot do without the professional help of experienced lawyers in the field of land law.
It should be taken into account that Art. 24 of the Law of Ukraine “On the Regulation of Urban Development Activities” (https://zakon.rada.gov.ua/laws/show/3038-17) prohibits the transfer to private ownership of a site for development without a previously developed and approved detailed plan for the given territory (DPT) village/town/city/district or “zoning”.
And the already developed land management project for further land allocation must be agreed upon with the territorial department of the State Service of Ukraine for Geodesy, Cartography and Cadastre, which approves it, and with the local department of architecture.
Afterword
- Now you know at least a little how to privatize a land plot, you roughly understand the procedure and what stages you will have to go through, how long it can take, how much it costs.
- Since every mistake in the preparation and execution of documents necessary for land privatization only complicates the procedure described above and will take more and more time, effort and money, then for a busy person and / or insufficiently experienced in these matters, the best option would be to entrust such work to lawyers in 2023 land issues.
- Best regards, ALVA PRIVACY Law Firm
September 27, 2023. Category: Publications of Alva Privacy JSC.
How to privatize a land plot in 2023 - step-by-step instructions
The act of transferring the plot for indefinite use can be revoked at any time. Municipal or federal authorities have the right to seize territory for social needs within a short period of time.
In order not to depend on the arbitrariness of officials, summer residents and owners of private houses should think about how to privatize a plot of land.
The procedure is carried out according to a clear algorithm prescribed by the federal authorities and does not require significant financial expenditure.
Privatization: pros and cons
Perpetual use and rent are unreliable grounds for owning land. The authorities of the country or municipality have the right to take away a plot of land from an individual at any convenient time. In order to preserve “what has been acquired through back-breaking labor,” it is recommended to register private property.
The downside of privatization is the need to pay an annual land tax, which is 0.3% of its cadastral value. In order not to make a mistake, you need to analyze future expenses in advance and weigh the pros and cons.
Legal basis of the procedure
Current legislation prescribes that areas where residential buildings owned by citizens are located must be transferred to private ownership or used under a lease agreement.
The procedure for privatizing land is prescribed in the text of 93-FZ, “Law on Dacha Amnesty.” The step-by-step instructions set out in the regulatory act are valid throughout the country; local authorities do not have the right to establish any additional requirements for citizens.
Free privatization of plots is available to citizens of the Russian Federation registered in the region where the plot is located. It is necessary that the land of interest be available for registration of ownership.
What plots are registered as property?
Privatization is the procedure for transferring property from state (municipal) ownership to individual ownership. The new owner does not need to pay for the acquisition of the plot - his expenses are reduced to expenses for collecting and certifying documents.
Current regulations leave the possibility of privatization of land plots of the following types:
- plots where buildings and structures are located that were in the use of citizens before the adoption of the current Land Code of the Russian Federation;
- lands provided for indefinite use;
- plots leased for housing construction and dacha farming;
- lands received by participants in non-profit associations of summer residents, gardeners, and garage cooperatives.
The Privatization Law identifies categories of land that cannot be converted into private ownership. This includes areas withdrawn from circulation, used or reserved for socially significant needs (parks, nature reserves, trails and other objects are located on them).
The procedure for transferring a plot of land into ownership
Privatization of a land plot for a private house is not an easy procedure that requires attention to the nuances and collection of a package of documents. If all the papers are in order, you can become the full owner of the land in two months.
Where to start privatizing a summer cottage? From collecting documents. In 2023, a citizen will need the following package of papers:
- a correctly completed application for the gratuitous provision of an allotment of property;
- passport of the owner submitting the documents;
- papers confirming the applicant's rights to land;
- cadastral passport of the plot;
- an extract from the Unified State Register disclosing the legal status of the allotment;
- notarized consent of the spouse (if the applicant is legally married).
If the privatization of land under a private house takes place on preferential terms, you need to collect documents confirming the special status of a citizen, for example, obtain a certificate of family composition (for large families), papers confirming the status of a military personnel, etc.
The second stage is the submission of the completed package of documents to the authorized authority. Depending on the owner of the plot indicated in the extract from the Unified State Register, papers are submitted to one of two authorities:
- municipal administration;
- territorial branch of the Federal Property Management Agency.
Government authorities are required to pre-approve the registration of land ownership or give a negative response within 30 days.
While documents for privatization of a land plot are being considered, it is advisable to carry out land surveying. If the boundaries of the plot are not defined, you need to call a cadastral engineer at your own expense who will carry out the procedure. Next, you should contact Rosreestr with the results, which will register the plot of land for cadastral registration.
The final step is registering the property with Rosreestr. A citizen should submit the following documents to the government agency:
- completed application according to the sample;
- decision of the local administration (Rosimushchestvo) to grant land ownership;
- copy of passport;
- receipts for payment of the duty (350 rubles).
Information about the new owner of the plot is entered into the database within 10 days, after which the applicant will be issued a certificate and an updated extract from the Unified State Register.
Download the document (deklaratsiya-po-dachnoj-amnistii.pdf, 119KB)
Cost of the procedure
How much does land privatization cost? Formally, this process is carried out free of charge. Current legislation enshrines the right of every citizen to privatize a plot of land free of charge once in his life.
The costs of an individual are associated with the process of collecting and preparing documents, paying for the services of a lawyer or consultants if he is not able to cope with the procedure on his own.
A citizen will have to spend money on:
- notarization of the spouse’s consent – from 1,000 rubles;
- payment of the state fee for registration of rights in Rosreestr - depending on the category of the site from 350 to 2,000 rubles;
- obtaining an extract from the Unified State Register – 150 rubles. for the paper version and 200 rubles. – for electronic.
You may need to pay for notarization of copies of documents (it is better to immediately check with the Federal Property Management Agency or the municipality for exact requirements for papers).
If the boundaries of the plot are not defined, you will need to pay for the services of a cadastral engineer - at least 10 thousand rubles.
When deciding on privatization, it is necessary to take into account that from the moment of registration of ownership rights, a citizen will be obliged to pay land tax annually. It is calculated as 0.3% of its cadastral value.
Now there is a simplified procedure for the privatization of a land plot, popularly called the “dacha amnesty”. It allows you to become a full owner in a short time and free of charge. Completing the procedure removes restrictions on the disposal of the plot: it can be sold, donated or inherited at one’s own discretion.
How to privatize land under a private house in 2023
Ownership of a private house, one way or another, is closely related to the ownership of the land on which it is located. At the same time, not all land plots belong to the owners of these houses. The privatization of land plots is intended to regulate the process of legal exploitation of land real estate. Today we will look at the main schemes for acquiring ownership of plots used in 2023. What documents will the potential owner need? How long will the privatization procedure take?
Main schemes for land privatization in 2023
- Today, the transfer of land into private ownership occurs in several ways:
- Â free privatization according to a simplified scheme;
- free privatization, which is carried out in accordance with administrative regulations;
- repurchase of land plot;
- transfer to private property during the trial of the case.
The legislative basis for the issue is made up of the Federal Laws “On Privatization” (Federal Law No. 1541-I), “On State Registration” (Federal Law No. 218), as well as the provisions of the Land Code of the Russian Federation. Let's consider the grounds for privatization in the most common schemes - a free procedure and the acquisition of ownership by purchasing a plot from municipal authorities.
Free land privatization
- It will be possible to privatize land plots for free until the end of February 2023 - this is the period for which the State Duma extended the “dacha amnesty” (based on the corresponding Federal Law No. 93 of June 30, 2006).
- Firstly, the house being privatized must have one of the appropriate statuses: a private residential or dacha building, or an object used for organizing subsidiary farming or gardening activities.
- Secondly, private individuals who have absolutely legally exploited the site, owned a private house located here (or purchased, but not properly registered) can acquire ownership of a land plot in a simplified manner.
- In the absence of all the necessary documentation for real estate, privatization can be carried out free of charge only in an administrative manner - that is, in order to obtain ownership of land, it occurs after the procedure for restoring title documents.
- We emphasize that “preferential” categories of citizens can also privatize land plots near private houses: heroes of the Soviet Union and the Russian Federation, WWII veterans, military personnel, orphans and other socially vulnerable citizens whose rights are set out in legislative acts.
Redemption of a land plot
If the owner of a private house cannot qualify for free privatization of the plot, the state allows it to be purchased from the municipal authorities. It is noteworthy that the sale of the plot occurs at the cadastral price, which, as a rule, is several times lower than the market value of the property.
To determine the cadastral price, the plot must have a cadastral passport, and if it is missing, the potential buyer will have to face additional hassle in the form of registering the land property. As a rule, local municipal authorities facilitate registration if the citizen bears all costs associated with land surveying and geodetic work.
After the plot is entered into the Rosreestr database and receives a cadastral passport, a purchase and sale transaction of the land plot can take place.
Necessary documents for privatization of land under a private house
- Depending on the method of privatization, its procedure may consist of several stages. But even despite the simplified free privatization scheme, the future owner must collect an impressive package of documents:
- passport of a citizen of the Russian Federation;
- application for privatization of a specific land plot;
documents regulating the operation of a land plot: there may be lease agreements, open-ended agreements with the municipality, decisions of local authorities, acts, agreements, etc.;
- title documentation for a private house (including a building permit, work plan, cadastral passport, technical passport for the house);
- cadastral documentation for the plot (passport and plan);
- certificate from the local department for land issues on the estimated value of the land plot;
- certificate of land tax and area of the plot;
- an extract from the Unified State Register, which confirms the official right to the privatized plot.
Timing and cost
Even in the case of free privatization, the potential owner of the land plot will most likely have to spend a lot on the preparation of the accompanying documentation necessary for the final result.
So, for example, the cost of geodetic work to obtain a cadastral passport will cost, on average, from 7 to 12 thousand rubles. The applicant will pay another 200 rubles for the cadastral extract. It will cost about the same to issue a certificate from the Unified State Register. Please note that collecting the necessary papers may take several months.
Attention! The timing and cost of all work on the preparation of documents for real estate may vary depending on the region and location of the property itself. To clarify all current information, we recommend contacting specialized geodetic companies operating in a specific area.
Having collected all the necessary documentation, the potential owner of a plot near a private house sends the entire package of information to the local office of the Federal Registration Service (Rosreestr). Within 14 days from the moment a citizen submits an application, Rosreestr specialists analyze the documents and make a decision whether to grant the request or to refuse it.
In case of refusal to carry out privatization, local Rosreestr authorities are required to justify their decisions based on legislative acts.
|
How to privatize land under a private house?
Privatization is a way to obtain ownership of land that belonged to the state or municipality. This procedure is free and is currently encouraged by the state.
The reason is simple - many lands are actually used by private individuals who are in no particular hurry to document this. But becoming the owner of a site is another matter. And the state has someone to ask from and it is more pleasant to cultivate the land when it is its own.
Privatization of a land plot for a private house is one of the ways to acquire ownership of a plot of land, with the only difference being the legal basis.
The legislator also provided for such a procedure for the transfer of state and municipal lands in order to systematize plots previously issued to citizens. “Two birds with one stone,” or even more. This determines the long-term order of program implementation.
Legal regulation
The state not only allowed the transfer of used lands into private hands, but also encouraged this process. At the moment, the procedure is regulated by several legal acts:
- Land Code of the Russian Federation . Article 39.5 specifies a list of situations when an allotment can be provided to citizens and organizations free of charge.
- Federal Law No. 178-FZ of December 21, 2001 “On the privatization of state and municipal property” contains a definition of the process itself and its features.
- Federal Law No. 218-FZ of July 13, 2015 “On State Registration of Real Estate” determines the procedure for subsequent registration and entering information into the Unified State Register of Real Estate.
The transfer of land is also regulated by other acts. For example, at the moment there is a simplified procedure for re-registration of rights to land plots in SNT and other non-profit partnerships of citizens. This is the so-called “Dacha Amnesty” (Federal Law No. 93-FZ of June 30, 2006).
Download for viewing and printing: Federal Law No. 178-FZ of December 21, 2001
How to privatize land in Ukraine 2023?
How to privatize land in Ukraine, what requirements are put forward to the owners and how much can this procedure cost?
Free privatization of land in Ukraine: procedure and nuances
Ukrainian legislation gives citizens of the country the right to receive land for personal use free of charge. Land Code in Art. 121 contains instructions on what grounds and to what extent a citizen can legalize private ownership of a land plot without paying a fee. The rules are:
- For the construction and economic support of a private house - up to 25 acres in rural areas, up to 15 acres in villages and up to 10 acres within the city.
- To build a summer house - up to 10 acres.
- For gardening purposes - up to 12 acres.
- To build a garage - up to 1 acre.
- For personal farming - up to 2 hectares.
- To organize a farm, the size of the plot corresponds to the size of the share determined for participants in agricultural enterprises located on the territory of the same administrative unit (city, village, town) as the farm, or the size of the average share for a given area.
All adult citizens of Ukraine have the right to one-time free privatization for each of the target land use options.
How to register land ownership?
The procedure for privatizing a land plot initially depends on whether the citizen uses this plot or not. There may be several options for using a site in the absence of title documents for the land:
- the citizen owns a private house located on land allocated to him for development before 1991;
- the applicant is a member of the dacha cooperative that allocated this land plot;
- the citizen actually uses the land for economic purposes, but has no legal ownership rights to it. In this case, the minimum period of actual use under which the applicant can transfer the land into private ownership is 15 years.
The procedure for registering a land plot begins with submitting an application for privatization of land to a village or township council or local state administration, depending on the territorial location of the plot.
How to register a plot of land located outside a populated area? To do this, you need to contact one of the organizations:
- Main regional department of the State Service of Ukraine for geodesy, cartography and cadastre - for obtaining a plot for the purpose of gardening and running a personal peasant farm;
- district state administration - in all other cases.
In addition to the application, a copy of the land plot, passport and TIN of the applicant are submitted.
The second stage of registration is the adoption of a decision by government agencies on the transfer of the site into personal ownership. Usually takes about 1 month.
The third stage is the preparation of technical documentation for the land and the issuance of a privatization act.
At the first stage of registration of privatization, the application submitted to local authorities must be accompanied by:
- a copy of the applicant’s passport and TIN;
- a copy of the title document for the real estate located on the site, if the land under a private house is privatized;
- documents confirming participation in the dacha cooperative and the issuance of a plot with a certain number;
- document on the use of the site, issued by the territorial body of self-government;
- act on approval of the boundaries of a plot of land.
The list of required documents for land registration can be supplemented - for example, before registering ownership of a land plot that is planned to be used for organizing a farm, you must provide proof of experience in the agricultural sector or a diploma from an agricultural educational institution.
Before privatizing a land plot without having title documents for it, you will need to prove the fact of using the land for 15 years (acquisition limitation). Evidence can be provided by the testimony of neighbors, but more often in such cases a trial is organized.
During privatization, the applicant will need to pay for the services of organizations involved in land management work in the area. How much land privatization costs in Ukraine depends on the specific situation, location and size of the plot. Registration costs range from 3 to 10 thousand UAH.
At the stage of development and approval of a land management project, organizations may request additional documents from the applicant. After completing the project, you must submit an application to the Registration Service or through the state cadastral registrar. After 14 days, a Certificate of Title to the land is issued.
Privatization of land under a private house 2023 - land plot, how much it costs, procedure, shared ownership, law
Almost all Russian citizens have every right to privatize a plot of land for a private house.
Moreover, to be able to obtain land as private property, you need to additionally know about some important nuances.
About the procedure
- The definition of “privatization” means the alienation of property from the state to an individual who does not have his own possessions.
- Legal entities have every right to use personal resources less than 25%.
- The object of privatization can be almost any type of living space, including land plots.
- In addition, the right of privatization also applies to real estate that is used on the basis of a social tenancy agreement.
You can privatize a plot of land or real estate for free only once in your entire life. It is impossible to re-obtain ownership of the property.
If minor children become owners after privatization, then they retain the right to privatization in the future.
It is important to remember: citizens who have returned a plot of land or real estate to state ownership also do not have the right to re-privatization.
Conditions
Speaking about the privatization of a land plot, you should know that only that land is subject to privatization if there is a house on it, the owner of which is the state. Moreover, to initiate the privatization procedure, it is necessary to collect a considerable package of documentation.
The land plot must have clear boundaries. This requires land surveying, which automatically entails additional financial costs.
Who is eligible?
Privatization of land under a private house is possible not only by individuals, but also by legal entities:
- Individuals must not have personal ownership of other land;
- As for legal entities, they must have capital in the amount of at least 25% of the asset.
Based on this, only those citizens who have already exercised this right cannot apply for privatization.
If we talk about the share of minors, then they are allowed, on the basis of the legislation of the Russian Federation, to take part in the procedure again upon reaching the age of majority.
The legislative framework
The privatization of a land plot for a private house in 2023 is regulated by the following laws:
- Federal Law No. 1541-1 - reflects various features and nuances that will arise during the privatization process;
- RF PP No. 2284 - displays various programs for the privatization of land by region of the Russian Federation;
- RF PP No. 585 - reflects the possibility of selling privatized land.
These legislative acts display all the necessary information that allows you to carry out the procedure in question as quickly as possible.
Privatization of land under a private house
Citizens of Russia who have the opportunity to obtain state land as private property must undergo a mandatory registration procedure.
As soon as representatives of Rosreestr provide a notification, which displays a list of necessary documentation, you can begin collecting them. Initially, you should draw up an application, which can be obtained directly from the authorized body.
If in shared ownership
- In most cases, old residential buildings according to the project provide for the cohabitation of several owners at the same time.
- The main condition for obtaining land for 2 owners is mutual consent.
- During the period of privatization, on the basis of the Land Code of the Russian Federation, you should jointly apply to the administrative body of executive power.
- In simple words, neighbors are also required to submit a corresponding application, which includes a request for the transfer of rights to the land under a private house.
If it is not possible to reach a common denominator, then the issue can be resolved through a judicial authority.
The property will be transferred into common shared ownership, since the house still remains indivisible.
The volume of shares is proportional to the registered shares in the right to residential real estate.
Loading...
