Privatization of land under an apartment building, how to privatize a plot of land under an apartment building

Lawyer. Graduated from the Saratov State Academy of Law. She worked in local government and state authorities. She taught at the Higher School of Economics.

If you live in a Moscow apartment and want to preserve the local area, install a fence, protect yourself from free seizure of land for public needs, receive income from renting out land, landscape the yard and install a barbecue, you can register the land plot as common shared ownership. Lawyer Polina Shevchuk tells how to do this.

When residents want to protect themselves from strangers' cars and homeless people

I often read requests from residents of apartment buildings asking for help to preserve a well-groomed, clean yard from chaos and devastation due to uninvited “guests” and visiting cars.

The situation becomes aggravated if the houses are located near train stations, where a large number of cars accumulate, and many car owners park in nearby yards because there are not enough parking spaces. The proximity to train stations also leads to the fact that homeless people often choose houses closest to the train stations for overnight stays.

Residents of houses near city parks, which are points of attraction for a huge number of people, experience similar discomfort. In such conditions, residents are forced to “fence themselves” from problems.

On the procedure for installing fences in local areas

Registration of ownership will help to legally fence the yard. If the land under the house is not registered as common shared ownership, residents are prohibited from installing fences. Barriers can be installed if they do not impede or restrict the passage of pedestrians and vehicles in public areas (for example, on common children's and sports grounds).

When residents want to preserve their local area

The boundaries of land plots of apartment buildings are established on the basis of land surveying projects.

In most cases, the boundaries are not defined - cadastral registration has not been carried out, and the land is owned by Moscow. To find out whether the boundaries of the territory of the house where you live are defined, you need to visit the eatlas website.

mos.ru open in the “Territories” category in the menu on the right the section “Land surveying areas for residential areas”.

What's bad about living in an undemarcated territory?

Residents may lose their yard, playgrounds and parking spaces. This is what happened when land surveying projects were approved without public hearings.

But in 2008, they adopted a resolution according to which, in order to take into account the interests of the population, previously approved land surveying projects are subject to updating and consideration at public hearings.

It would seem that the residents should be happy - they wanted to take their opinion into account. But no.

The land surveying project in the Central Administrative District is indicative, when even public hearings strained relations between neighbors due to the results of surveying the territory of block No. 955 of the Meshchansky district, bounded by Botanichesky, Protopopovsky, Astrakhansky and Grokholsky lanes.

The new shape of the site with sharp corners made it difficult to clean the area and the passage of special equipment, and also reduced the number of parking spaces from 36 to 21.

Resolution of the PM of December 30, 2008 No. 1258-PP

Since the process of updating the block surveying projects approved without public hearings in Moscow has not been completed, the issue of preserving the local area with an area no less than the normatively required one is still relevant for many residents of the capital.

Residents themselves cannot initiate public hearings, but they can attend hearings organized by the District Commission under the Moscow Government on issues of urban planning, land use and development in their district, and express their opinions.

 

When residents want to improve their yard

The improvement of courtyard areas is carried out in accordance with the decree of the Moscow Government “On stimulating the administration of districts of the city of Moscow.”

If residents want to create recreational facilities, children's, physical education and utility areas according to a standard project, they need to contact their district government with a request to include the territory of the house in the improvement plan for the next year (holding a general meeting of premises owners is not necessary).

If residents plan to implement a flagship project on their territory, they need to hold a general meeting and approve at it a list of services and works, the conditions for their provision and implementation, as well as the amount of their financing. The decision is considered adopted if more than half of the present premises owners vote for it.

When residents want to receive income from renting out a plot of land

Owners of premises can lease a plot of land to accommodate shops, advertising structures, and service enterprises, such as Internet providers. This decision must be made by a majority of owners of premises in an apartment building - at least two-thirds of the total number of votes. Rental income can be used for general house needs.

Who can register a land plot?

Any owner of premises (both residential and non-residential) in an apartment building, including those not authorized by the general meeting of owners of premises in this building, can apply for the formation of a land plot on which an apartment building is located. Please note that it is not necessary to hold a general meeting of premises owners for this.

A plot of land under an apartment building in Moscow is being registered in three stages:

Receive a copy of the residential area land surveying project. They order land surveying for a specific house and receive a survey plan.

They register the land plot with the state and receive an extract from the real estate register.

They receive an address and change the type of permitted use of the land plot. The type is changed if the database refers to the site as “for the construction of an apartment building.” When registering ownership of a land plot, the type changes to “house placement”.

The entire process takes from two to six months. The amount of time depends on the coordination of the boundaries of the land plot with adjacent land users, interaction with authorities and the pitfalls described below.

Obtaining a boundary plan

Order a copy of the block surveying project

The initiator, that is, the resident-owner, orders a copy of the block surveying project through the one-window service of the City Property Department.

Moscow (in some districts this “window” is located in the district government) or through the electronic service “Issue of copies of title documents” on the website mos.ru. A block surveying project is a kind of technical task for a cadastral engineer.

Its graphic part provides an approximate diagram of the boundaries of the land plot. The exact location of the boundaries is determined by a cadastral engineer after a geodetic survey.

The initiating resident enters into an agreement for a set of cadastral works with a cadastral engineer. The contract is paid, so you need to collect money from residents. The easiest way to do this is at a meeting to identify active participants and understand what amount should be contributed by all who agree.

The cadastral engineer prepares a layout diagram of the land plot and coordinates the boundaries with the legal holders of adjacent land plots (this is necessary if the land plot being formed under an apartment building borders on land plots, the boundaries of which are subject to clarification).

After signing the contract, the cadastral engineer sends the site boundary plan to the initiator in the form of an electronic document. From the moment the contract is concluded until the plan is received by mail, it usually takes from one to three months.

In the process of surveying the land plot under the house, plots may be discovered that were previously formed by the Moscow City Property Department for their transfer under a lease agreement for non-residential premises on the first floor.

In such a situation, any owner of premises in the house must contact the Moscow Office of Rosreestr with an application to remove the land plot from cadastral registration.

This is done only when the plot is registered under the entire house, but under part of it, and not for the needs of the residents of the entire house, but for the owner of the non-residential premises.

State registration

The owner of the premises, through the MFC, submits an application for registration of the land plot with cadastral registration and registration of rights.

The owner receives from the MFC an extract from the Unified State Register of Real Estate, confirming the fact that the land plot has been registered in the cadastral register and the registration of the right of common shared ownership of the owners of premises in an apartment building.

At the request of the owners of the premises, the cadastral engineer installs boundary signs at the turning points of the land plot.

Assignment of address and type of permitted use

Assigning an address and changing the type of permitted use of the land plot are necessary for the final formation of the land plot.

After registering a plot of land for cadastral registration, the extract from the Unified State Register will not indicate the type of permitted use of the land plot and the address.

This is due to the fact that in the approved land surveying project there is no direct indication of the assignment of the address and type of permitted use. They are mentioned there, but this is not enough for the Rosreestr Office.

Starting from May 2018, to assign an address and type of permitted use, the following is required:

contact the Moscow City Property Department for the service “Assigning an address to an addressing object”;

contact the MFC to assign an address and type of permitted use to the land plot;

If the information in the Land Use and Development Rules of the City of Moscow is incorrect, it is necessary to make additional changes to them. Through your personal account, you need to go to the government services portal, fill out an interactive application form with proposals for amendments to the Land Use and Development Rules (LRU) and send it, supported by an electronic digital signature.

Often cadastral engineers help fill out applications for assigning an address and changing the type of permitted use.

How long does cadastral work take?

Experience shows that the first and second stages take from one to three months. This is due to the need to coordinate the boundaries of the land plot with adjacent land users and interaction with authorities.

Sometimes this period may be extended, for example, due to the refusal of an adjacent land user to agree on boundaries, the suspension of the procedure by the Moscow Office of Rosreestr due to unreadability of data or an improper applicant.

How much does it cost to register a plot of land as a property?

Cadastral works cost an average of 50,000 rubles. without VAT. The cost depends on the area of ​​the land and the pitfalls. It can reach 100,000 rubles. without VAT.

Installation of boundary signs at turning points of a land plot for field definition of boundaries costs on average about 10,000 rubles. without VAT. The simpler the shape of the house, the fewer points.

The state fee for registering a share in the right of common ownership of common real estate in an apartment building is 200 rubles. The fee is paid at the end of the second stage by those who submit the application (by the cadastral engineer or by one owner).

Will residents of an apartment building pay land tax?

No. Since 2015, a land plot that is part of the common property of an apartment building is not subject to taxation, which means there is no need to pay land tax.

Will residents pay for the maintenance of the local area?

Registration of the right to a land plot and the fact of its formation do not oblige residents to pay for the maintenance of the local area. The Moscow government has decided that the adjacent territory, which is not included in the common property of houses, is maintained at the expense of the city budget.

If the land plot under the house is included in the common property, the management company has the right to apply for a budget subsidy for the maintenance of the land plot. In Moscow, there are examples when a management company includes cleaning services for local areas as a separate line in a single payment document.

Any owner can register a land plot under an apartment building as common ownership if a land surveying project has previously been approved.

The procedure for registering ownership takes place in three stages: concluding an agreement with a cadastral engineer, registering with Rosreestr, assigning an address and type of use of housing.

Residents who have registered ownership of the land will not have to pay for yard maintenance.

Owners who have registered a land plot as shared ownership will not pay land tax.

Owners who have registered a plot of land will be able to have a barbecue in their yard, install a fence, rent out the land and spend the income on landscaping.

Is it possible to receive land from the state for free?

Many owners of apartments in multi-apartment buildings want to own not only the house, but also the surrounding area. On March 1, 2005, the law on the transfer of ownership of land plots under apartment buildings and local area came into force. Subsequently, it was supplemented and modified, since it contradicted the Civil Code; since 2015, according to the new interpretation of the law, it has become easier to introduce local areas into civil circulation.

Prerequisites for the desire to privatize the local area of ​​an apartment building may include issues of maintenance, improvement and repair of the site, disputes arising related to the use of land by various organizations for the construction of commercial facilities.

Many citizens first try to find out whether the privatization of a land plot for an apartment building is beneficial for the owners. Currently, all the pros and cons of this action have been identified, so you can confidently make an accurate decision whether you need privatization or not. And you will learn all the nuances regarding the design of the site from this article.

How much area can you get?

According to Article 36 of the Housing Code of the Russian Federation, the land plot located near the house is part of the property of the apartment building. But it is possible to privatize such land only if it has been surveyed and is registered in the cadastral register.

According to the law “On the entry into force of the Housing Code of the Russian Federation,” owners of residential premises will contact the relevant local government services with an application for free cadastral registration of the territory of their home. The area and boundaries of the local area are determined by the cadastral or technical passport for the land.

The minimum area that can be allocated must be equal to the area of ​​the apartment. Initially, management of this territory can be carried out:

• Housing management companies;
• Yard Committee;
• Other specialized organizations.

How can the site be used?

The purpose of privatization of a plot may be different, for example, to use the land for:

• Recreation area for residents of the house;
• Installation of garages for veterans, WWII participants, and disabled people;
• Landscaping, improvement of paths, etc.;
• Playgrounds;
• Small sports facilities;
• Parking;
• Renting out for paid parking lots or other commercial facilities.

Who can register a plot?

The following can privatize a plot of an apartment building:

• Developer;
• Society of Owners of Premises in MKD;
• Management company or housing and communal services;
• Individual owner of an apartment or non-residential property;
• Several owners, despite the decision of the general meeting.

Land registration procedure

When privatizing a house plot of land, it is necessary, first of all, to find out whether it is registered in the cadastral register. Usually this is the responsibility of the developer or other authorized body, but if the houses were built a long time ago, before the adoption of the Housing Code, then cadastral registration may not be carried out. Then the future owner needs to do it himself.

The registration procedure is as follows:

1. Prepare information about the territory - find out whether land surveying was carried out or not;

• If not, declare the need to conduct cadastral registration on the territory.

1. Collect documents;
2. Write an application for obtaining the right to municipal property and submit it to the appropriate authority;
3. Register ownership with the cadastral chamber.

Documentation

In order to begin registering ownership of the territory, you need to have the following documents:

• Application for privatization;
• Documents confirming the validity of the grounds - that you own an apartment in the house;
• House plan;
• Positive decision of the meeting of owners (if adopted);
• Documents on the demarcation of the site;
• Technical and cadastral passport.

The application for privatization to the cadastral chamber has a prescribed form, which you can see on our website. You can download and fill it out at home using the sample below.

Pros and cons of privatization

A plot of land privatized from a courtyard area simultaneously gives an advantage to the owner and causes certain problems.

The advantages of privatizing a plot near the house are:

• Free registration;
• Possibility of renting out land;
• An increase in the value of a property due to an increase in area.

The disadvantages are:

• Taxation;
• Responsibility for the maintenance of this site;
• Carrying out various repair and cleaning work independently;
• The use of the site is possible only for certain objects.

Attention If the land is privatized by several apartment owners, then the costs of maintaining the land are distributed in proportion to the owners' shares, which are determined based on the area of ​​the apartments.

Knowing all the pros and cons of owning land under an apartment building, the apartment owner will independently determine whether he needs to privatize the local area.

Taxation

Privatization of the local area entails the obligation to pay taxes on property ownership. The tax is calculated in accordance with Art. 388 of the Tax Code of the Russian Federation and other regulations.

• To calculate the tax, the cadastral price of the land is determined based on prices on the real estate market. The calculation is carried out as follows:
• N=SZN*KS*K;
• SZN – land tax rate;
• KS – cadastral value of this land;
• K – coefficient established by local authorities.

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Privatization of land under an apartment building 2023 - why privatize, documents

Owners of residential premises have the right of ownership to a land plot located under a multi-storey building. The exception is when the land belongs to the state or municipality and is subject to alienation.

The land plot under an apartment building and directly next to the building is considered common property.

Citizens have the right to jointly dispose of the common home territory. They can hold a meeting and authorize the HOA or management organization to rent out the site, create a common comfortable parking lot, etc.

Why register as a property?

The transfer of land into ownership is important because it can become the object of seizure for state and municipal needs. If the land is in private (common shared ownership), then the land can be taken only if the procedure for its redemption (together with the house) is followed.

When clarifying the question - why privatize the land under an apartment building, you should remember that after the transaction the redemption price of the apartments increases.

A privatized plot contributes to an increase in the cost of apartments and protects homeowners from unfounded claims from interested parties.

Who is eligible?

Apartment owners have the right to privatization. They can be citizens or legal entities. The right cannot be unlawfully limited.

Within the meaning of Art. 36 of the Housing Code of the Russian Federation, the land under the house is the property of citizens. The transfer of a plot through privatization indicates legal confirmation of ownership of the land.

The legislative framework

The land plot under the house is considered an inseparable part of it. Depending on the situation, the provisions of the 1991 Law of the Russian Federation on the privatization of housing stock No. 1541-1 may be applied to the privatization transaction.

If the transaction involves a redemption price, then the transfer of ownership is carried out at a price approved by local authorities.

Citizens who own residential premises under which the land is leased have the right to register it as private property at any time. Issues of judicial practice are resolved in accordance with Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 24, 2005 No. 11.

Conditions

The main condition is that the land plot has precisely defined boundaries. Citizens must have the right to privatization. Only apartment owners can do this.

Land must be provided for development legally. An apartment building must be built and put into operation in accordance with land and urban planning regulations.

Privatization of land under an apartment building

There are no statutes of limitations for transferring land from public to private ownership.

Citizens have the right to collect technical documentation, title documents for land and apply for formalization and registration of property rights in an application form.

Under the new building

The transfer of ownership of the land under the new building depends on the initial status of the site. If the developer acquired the land on the right of ownership, then no privatization actions are required.

The land remains the property of the real estate purchasers. When a municipal lease agreement is drawn up for a plot of land, the land is subject to purchase in the manner approved by Art. 2-3 Land Code of the Russian Federation.

Where to contact?

In large cities, you should contact the department (administration) of property and land relations or specialized departments of the local administration. In small settlements you need to contact the land department of the city (village) council.

You must provide an application and collected documents.

Registration procedure

To carry out privatization, it is necessary to hold a meeting of home owners. It is initiated by individual citizens, the HOA - if it wants to convince residents of the benefits of private shared ownership of a land plot.

Citizens must be warned about the meeting in advance. Voting is carried out by majority vote. Absentee voting and door-to-door collection of signatures are allowed.

If the meeting results are positive, the minutes certified by the participants are attached to the application and other documents. Officials have the right to initiate verification of the authenticity of the signatures placed in the protocol.

Documentation

To privatize land under an apartment building, the following documents are required:

• minutes of the residents' meeting;
• application for transfer of ownership of the site;
• technical passport for the site;
• floor plan of the building with explication;
• technical plan of the site.

Documents are provided in paper form. It is allowed to provide information in electronic form, but then it must be signed with the electronic digital signature of the applicant.

A sample application for land privatization is here.

Deadlines

The collection of documents can take up to six months. If violations are discovered in the completed land documentation, they must be corrected, which may also take additional time.

Document verification takes up to two months. It may be necessary to conduct an examination of the site, study existing documentation, and request additional information from the registration authorities.

Privatization ends with registration of the transaction in Rosreestr - in accordance with the rules of Federal Law No. 218 “On state registration of real estate and transactions with it”, adopted in 2015.

Price

Citizens buy land plots at a price established by the constituent entities of the Russian Federation. In 2023 it is:

• 20% of the cadastral value of land in cities with a population of more than 3 million people.
• 2.5% of the cadastral value of a land plot in another area.
• Before the regions set the price for land plots, the highest land price for a given area is accepted as the redemption price.

Additional payment is required for collecting documents and making adjustments to technical documentation. On average, land privatization can cost 30 thousand rubles, including the services of a representative.

The final price depends on the location, the number of participants, and the cost of additional services.

What difficulties may arise?

Not all residents may agree to buy out their share of the land and pay additional costs. Disagreements may arise at the stage of determining the redemption price.

Existing inaccurate information in documents may become the basis for checking the legality of the provision of a development site.

Sometimes the deadlines for collecting documents are delayed. The technical plan of the site may be lost, which will require payment for the services of cadastral engineers.

Privatization may be refused if representatives who apply to state and municipal bodies do not properly verify their powers. The decision to transfer a land plot can be made in court. In controversial situations, it is advisable to seek the help of a qualified lawyer.

Video about land registration

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Privatization of land under an apartment building 2023 - is it necessary, is it possible, pros and cons, where to start, what it gives, the law, is it worth it

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

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

What do you need to know?

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

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

Conditions

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

The living space should not be used free of charge or transferred on a lease basis.

If this is an apartment in a social network. hiring, there are several nuances here too. But the design of this object is possible.

If this is a hostel, then it is impossible to privatize it. A similar problem exists with real estate issued for the duration of service.

Who is eligible?

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

A person can use the right to free privatization once.

Area and composition

Only real estate that meets legal requirements can be privatized. All features are specified in Article 36 of the Housing Code of the Russian Federation.

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

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

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

Land use options

There are several intended uses here:

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

The legislative framework

The following legal acts regulate the issue:

• Presidential Decree No. 2284 of December 24, 1993 regulates the availability of programs in all regions regarding the privatization of real estate for this procedure.

The procedure for privatization of land under an apartment building - legal advice

Hello!

In accordance with Art.

36 of the Land Code of the Russian Federation Citizens and legal entities who own buildings, structures, structures located on land plots that are in state or municipal ownership acquire rights to these land plots in accordance with this Code . And the exclusive right to privatize land plots or acquire the right to lease land plots has citizens and legal entities - owners of buildings, structures, structures.

• The sale of land plots in state or municipal ownership to the owners of buildings, structures, structures located on these land plots is carried out at a price established respectively by executive authorities and local government bodies. The procedure for determining the price of these land plots and their payment is established in relation to:
• 1) land plots in federal ownership - by a federal executive body authorized by the Government of the Russian Federation;
• 2) land plots that are owned by the constituent entities of the Russian Federation or for which state ownership is not demarcated - by state authorities of the constituent entities of the Russian Federation;
• 3) land plots in municipal ownership - by local government bodies.

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

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

In accordance with paragraph 1 of Art.

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

1. An apartment building is a collection of two or more apartments that have independent access either to a land plot adjacent to a residential building or to common areas in such a building.
2. 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.
3. The share in the right of common ownership of common property in an apartment building of the owner of the premises in this building is proportional to the size of the total area of ​​​​the specified premises.
4. When purchasing premises in an apartment building, the acquirer receives a share in the right of common ownership of the common property in the apartment building.
5. That is, if the land plot on which the house is located was registered in accordance with the law, then when purchasing housing in this house, you became the owner of a share of the land plot in proportion to the size of the area of ​​your premises.
6. If, when purchasing residential premises, you did not acquire a share of the land plot on which this building is located, then the following provisions apply.
7. If a building (premises in it), located on an undivided land plot, belongs to several persons by right of ownership, these persons have the right to purchase this land plot into common shared ownership or for rent with a plurality of persons on the tenant's side, unless otherwise not provided for by this Code, federal laws, taking into account shares in the ownership of the building.
8. If in a building located on an undivided land plot, the premises belong to some persons with the right of ownership, other persons with the right of economic management or operational management, or all persons with the right of economic management, these persons have the right to purchase this land plot for rent with a plurality of persons on the tenant's side, unless otherwise provided by this Code and federal laws.
9. In this case, the land lease agreement is concluded with the condition that the parties agree to the entry into this agreement of other rights holders of the premises in this building.

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

.

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

If the state cadastral registration of a land plot has not been carried out or the state real estate cadastre does not contain information about the land plot necessary for issuing a cadastral passport of the land plot, a local government body based on an application from a citizen or legal entity or an appeal provided for in Article 29 of this Code by the executive body of the state The authorities, within a month from the date of receipt of the said application or appeal, approve and issue to the applicant a diagram of the location of the land plot on the cadastral plan or cadastral map of the relevant territory. The person who has applied for the provision of a land plot ensures, at his own expense, that cadastral work is carried out in relation to this land plot and applies for state cadastral registration of this land plot in the manner established by the Federal Law “On the State Real Estate Cadastre” . Location the boundaries of the land plot and its area are determined taking into account the actual land use in accordance with the requirements of land and town planning legislation. The location of the boundaries of the land plot is determined taking into account the red lines, the location of the boundaries of adjacent land plots (if any), the natural boundaries of the land plot. The executive body of state power or local government body provided for in Article 29 of this Code, within two weeks from the date of submission of the cadastral passport of the land plot makes a decision to provide this land plot to the persons specified in paragraph 5 of this article, and sends them a copy of such a decision with the cadastral passport of this land plot attached.

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

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

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

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

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

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

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

That is, if the second apartment is owned by the administration (state), then you do not have the opportunity to privatize this land plot. However, if the neighboring property has an owner (an individual), then you should submit a joint application for the acquisition of a plot of land in common shared ownership.

Sincerely, F. Tamara

Is it necessary to privatize the land under an apartment building?

The transfer of ownership of a land plot under apartment buildings (MKD) and adjacent territory is regulated by the Housing Code (LC) of the Russian Federation, which entered into force on March 1, 2005, and clarifications on the inconsistencies between the norms of the Housing Code and the Civil Code were eliminated by the Review of the Supreme Court of the Russian Federation, published on April 29, 2018 . The article talks about typical ways to resolve legal issues, but each case is individual.

• If you want to find out how to solve your particular problem, contact a consultant: Article 36 of the Housing Code of the Russian Federation determines that a land plot is part of the property of an apartment building.
• This provision of the law applies only to territories that were registered for cadastral registration before March 1, 2005.
• The Federal Law “On the entry into force of the Housing Code of the Russian Federation” determines the right of owners to apply to the relevant local government services with an application for free cadastral registration of the territory and to carry out other necessary procedures related to resolving this issue, if the plot and other real estate included in the MKDs were not formed before the introduction of LCDs.
• The minimum size of a land plot included in an apartment building is considered to be an area equal to the area of ​​the house.
• The standard area in accordance with Decree of the Government of the Russian Federation No. 491 of August 13, 2006 includes: For example, if installed fences impede the movement of pedestrians, then such a structure can be dismantled by court decision, and if fences violate the right of people to free movement, then the site may be imposed, legally, an easement.
• The privatization procedure is determined by regulations approved by the legislator.
• For new buildings, the registration procedure is mandatory and is carried out by the developer or other authorized body.
• For houses that were built earlier than the residential complex was adopted, it is necessary to go through the registration process, regardless of whether there is a cadastral passport for the site or it needs to be drawn up: Privatization of the adjacent territory of low-rise buildings is no different from the registration of other objects.
• But it should be taken into account that the costs of maintaining the territory are the same as when maintaining a site allocated for an apartment building.

Local area in 2023 - what is it?

1. The initiators of the privatization process in accordance with the current regulatory framework can be: Under buildings that were built earlier (old buildings), for privatization it is necessary to have a cadastral passport.
2. If a cadastral passport has not been issued, then the registration procedure is carried out in accordance with the general procedure.

3. If the land is registered, upon application of the owners, they are issued a certificate of ownership of the local area.
4. Registration of a site imposes obligations on the owners and raises issues that need to be resolved collectively.

5. The application is submitted in the prescribed form with a list of documents attached to it.
6. The application must be registered in the department for working with citizens' appeals of the municipal government.

A statement of claim for the privatization of an apartment through the court must be drawn up in accordance with the norms of the Civil Code of the Russian Federation.

Owners who have registered the right to the local area can dispose of the site in accordance with the law, but use is not free, but is subject to taxation.

Are you interested in selling a privatized apartment that has been owned for less than 3 years? The tax on the local area is calculated on the basis of Article 388 of the Tax Code of the Russian Federation (TC) and other regulations.

• Having a dacha in their possession, its owners often think about how to privatize the land under a private house.
• Although this procedure is not mandatory, it is still advisable to carry out.
• It can be carried out free of charge until spring 2018.
• Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, call: 8 (499) 703-15-47 - Moscow 8 (812) 309-50-34 - St. Petersburg or, if it is more convenient for you, use the online consultant form ! Dachas are still a popular place for summer and other recreation, while the owners prefer not to come to the “bare” land, but to build a house there.

1. But if the built house is their property, then with the land everything is not so simple: the plot may be municipal, that is, owned by the local municipality.
2. This means that the owner of the dacha does not actually own it - the land belongs to the state and is transferred to the citizen free of charge for an unlimited period.
3. To obtain full ownership rights, it is necessary to carry out privatization and legalize your right to ownership.
4. This is the transfer of state property into the private hands of citizens.
5. After this, the owner receives all rights to it and can use it as he pleases.
6. Land privatization is not a mandatory procedure, but, nevertheless, it is extremely important.
7. This is mainly due to the interests of the citizens themselves: non-privatized lands remain in the hands of the state, and the latter can take them away at any time or use them in some other way.

Privatization of a land plot for a private house - order, two

It can be carried out free of charge until spring 2018.

Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, call: 8 (499) 703-15-47 - Moscow 8 (812) 309-50-34 - St. Petersburg or, if it is more convenient for you, use the online consultant form ! Dachas are still a popular place for summer and other recreation, while the owners prefer not to come to the “bare” land, but to build a house there.

• But if the built house is their property, then with the land everything is not so simple: the plot may be municipal, that is, owned by the local municipality.
• This means that the owner of the dacha does not actually own it - the land belongs to the state and is transferred to the citizen free of charge for an unlimited period.
• To obtain full ownership rights, it is necessary to carry out privatization and legalize your right to ownership.

1. This is the transfer of state property into the private hands of citizens.
2. After this, the owner receives all rights to it and can use it as he pleases.
3. Land privatization is not a mandatory procedure, but, nevertheless, it is extremely important.
4. This is mainly due to the interests of the citizens themselves: non-privatized lands remain in the hands of the state, and the latter can take them away at any time or use them in some other way.

Privatization of housing under a social contract

• Privatization of land, although not necessary, is extremely desirable, otherwise a citizen who has invested a lot of work in a plot may suddenly find himself out of work.
• Please note: it is worth remembering about additional expenses: for example, to obtain an extract from the Unified State Register of State Registers you will have to pay 200 rubles in addition to the amounts indicated above.
• Land surveying and obtaining a cadastral passport will cost the most - the cost starts from 11 thousand.
• Privatization is the transfer of property from the state into the private hands of citizens.
• Dacha plots, or more precisely, their land, also require privatization, otherwise the owner loses the right to fully dispose of the land.
• For example, he cannot sell or donate a municipal plot.
• According to the Housing Code of the Russian Federation, the adjacent territory must be in common ownership of the residents.
• However, in many “old” houses such land was not formed.
• What to do if the plot for the MKD is not privatized?
• How to privatize land and what documents must be provided to homeowners in an apartment building to begin registration?
• Let's take a closer look at the intricacies of privatization of land under MKD.
• Many people associate the term “privatization” with a long and difficult process, requiring the collection of many documents and long standing in queues.

However, you can forget about all this when it comes to the privatization of land for MKD. It is important to note that not every apartment owner has equal weight in voting - this indicator depends on the area of ​​the apartment.

To register the land under an apartment building as your property, you need to take a few simple steps, including: Privatization of a land plot under an apartment building is possible only with the appropriate decision of the general meeting of residents of the building. Thus, the voice of the owner of an apartment with an area of ​​50 sq. m will be twice as significant as the tenant of an apartment with an area of ​​25 sq. m.

Sometimes a decision is not made due to the absence of some owners from the meeting. Is it really possible to put off the issue of registration for a long time?

1. The law allows for a written survey to be carried out among those who were absent within 20 days after the vote.
2. If you manage to collect the missing number of votes, the decision will be made.
3. Of course, before voting on the issue of registering the adjacent territory of an apartment building as property, it is best to conduct preliminary approval and a survey showing the opinion of the majority.
4. If many owners want to formalize the territory, then it makes sense to organize a general vote.
5. — St. Petersburg Registration of land as personal property under an apartment building is a complex process.

Correct the error in the documents

• It consists of several stages, each of which you will need to carefully prepare.
• Privatization of land under a private house after March 1, 2017 continues.
• Why is privatization necessary, what is the procedure for registering it, and who has the right to free privatization?
• Land privatization is the voluntary transfer of state land into private ownership free of charge.
• Recently, parliamentarians extended the validity of the dacha amnesty, so now residents of Russia can receive land for a private house for free for up to a year.
• After this period, the procedure in free mode will no longer be available.
• Is it necessary to privatize the land under a private house, and what does the procedure give to its owner?
• The following land territories can be transferred into private ownership for an indefinite period: All lands that are located directly under real estate, which in turn belong to citizens, are required to be transferred into personal ownership or used on the basis of a lease agreement.
• All fundamental statements are provided for by the enacted bill 93-Law “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Registration in a Simplified Procedure of Citizens’ Rights to Certain Real Estate Objects.”
• In another way it is called the law “On Dacha Amnesty”.
• It consists of several stages, each of which you will need to carefully prepare.
• Privatization of land under a private house after March 1, 2017 continues.
• Why is privatization necessary, what is the procedure for registering it, and who has the right to free privatization?
• Land privatization is the voluntary transfer of state land into private ownership free of charge.
• Recently, parliamentarians extended the validity of the dacha amnesty, so now residents of Russia can receive land for a private house for free for up to a year.
• After this period, the procedure in free mode will no longer be available.
• Is it necessary to privatize the land under a private house, and what does the procedure give to its owner?
• The following land territories can be transferred into private ownership for an indefinite period: All lands that are located directly under real estate, which in turn belong to citizens, are required to be transferred into personal ownership or used on the basis of a lease agreement.
• All fundamental statements are provided for by the enacted bill 93-Law “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Registration in a Simplified Procedure of Citizens’ Rights to Certain Real Estate Objects.”
• In another way it is called the law “On Dacha Amnesty”.