The procedure for registering a land plot in ownership. Registration of the land: the law

So, today we will be interested in the orderregistration of the land plot in the property. In fact, now in Russia to implement this idea is not so difficult as it seems. The main thing is to study the legislative base, which will prompt the algorithm of actions. And learn all the nuances of our today's process. And there are a lot of them. The main problem of land registration in the property is the collection of all necessary documents. It is for them to spend most of the time.

When it is possible to design

Registration of a land plot is possiblealways. There are cases in which you can forget about our today's process. Therefore, before collecting documents, find out if you are available for the registration of real estate in private ownership. Thus, we can hope for this process in the following cases:

• when the land is inherited;
• on the donative;
• possession of the right of permanent use (perpetual);
• with the right to lease with the state;
• on "dacha amnesty."

As you can see, it is far from always possible to formalizeland in the property. Only, as practice shows, it is possible to many. If you are sure that you have a chance, you can collect the documents. Unfortunately, in different cases, you will have to act differently. The most difficult processes are the use of "dacha amnesty" and the registration of land when obtaining an inheritance.

We receive the inheritance

So, the first case is the transfer of rightsuse on the ground by testament or by law after the death of the testator. The most common scenario. Registration of land in this case begins with the inheritance. Only then you can do other paper red tape.

In order to get a share or all landplot, you have 6 months. If you did not inherit without a good reason before this time, you can forget about the land forever. It will pass to other heirs in line!

How to enter the inheritance? This must be known to those who receive the site or any other property by inheritance. First of all, you must write your consent to receive a share or the whole land. This is done by a notary. But then the collection of all necessary documents begins to get a certificate from a notary office about the transfer of land to your property. For this you need:

• receive a cadastral passport for land;
• take an extract from the Unified State Register under the form No.3 (to the name of the testator);
• assess the value of land;
• get a certificate from the place of residence of the testator (taken at the passport office);
• to show documents of kinship with the previous owner of the site;
• apply a will (if any);
• a certificate of death of the testator is useful;
• to bring a certificate from the Unified State Register of Legal Entities (for suburban areas).

Perhaps these are all documents that only cancome in handy. Unless, in addition, a court decision is required to restore you as an heir if you decide to return the rights to receive the estate of the testator after six months from the time the inheritance was opened.

Some are interested in what can servedocuments confirming the relationship with the testator. The main documents are birth and marriage certificates. These are the most common cases. Try to bring them along with copies. And do not forget about the civil passport!

Now you can continue the registration of the rightownership of a given land by inheritance. With the above documents you need to apply to a notary. He will give you a paper confirming the transfer of land to you by inheritance. Then comes the final stage of the process.

Registration of a certificate from a notary

It is about registering a certificate thatwas issued by a notary. In fact, everything is not as difficult as it seems. Especially if you have collected all the necessary documents in advance. To complete our today's process, take:

• certificate from a notary;
• Your passport;
• cadastral passport for land;
• documents on hereditary matters (obtained from a notary);
• certificate of death of the testator.

These documents must be in duplicate -copies and originals. Further take them to the registration chamber and pay there a state fee (it is) for obtaining a certificate of ownership of the land. An extract from the Unified State Register is being issued now. Approximately in 10-14 days it will be possible to receive in the registration chamber an appropriate certificate of ownership.

Rent and unlimited use

What's next? Now it is possible to consider the procedure for registering a land plot in ownership under a lease agreement with the state, as well as for unlimited use rights. This process takes place with great difficulties and costs (both monetary and temporary). Fortunately, if you prepare in advance, you can easily realize the idea.

To obtain land in private ownership, it is necessary:

• make a geodetic site plan;
• take a master plan (in BTI);
• obtain a cadastral passport for the registered land;
• to write an application for a site in the property;
• make land surveying;
• to put land in cadastral register;
• pay a fee for the registration of the site in private ownership.

This is briefly. But in fact, everything is much more complicated than it seems at first glance. Once you have a geodetic and general plan for the site, you will have to contact the administration of your area. There you write an application for the registration of land in the property. But for this you have to produce:

• the act of transferring land to your possession;
• master plan of the earth;
• cadastral passport;
• the permission of the guardianship authorities (if there are underage children among the owners).

Then you will have to wait a while. Registration of documents in this situation is far from the most important thing. The administration should give its permission to receive land as private property. This permission will have to wait. Usually "thinking" takes about a month. But, as practice shows, you can wait about 3-4 months. Be ready for this.

A small nuance: if it is a question of leasing, it is preliminary necessary to redeem a site at the state's cadastral value. You will receive a contract of sale, which is attached to the application for the registration of land in private ownership. When there is a contract for indefinite use, there is no need to spend any extra money.

Once a positive response is received,land surveying and registration of the site is carried out. Ultimately, you can get a new cadastral passport. Next comes the registration of land rights. This is done according to a specific scheme.

You will have to contact the Registration Chamber. Make it necessary for all owners. As an option - a visit to the MFC. Submit the following batch of documents there, and then wait for an answer:

• land survey plan;
• passport of the future owner;
• cadastral passport for land;
• the basis for the transfer of the plot to your ownership (contract of sale or receipt of land for unlimited use);
• Receipt of payment of state duty in the amount of 2 000 rubles.

Note: if a trustee appeals to the registration chamber or the MFC, the person will have to submit a power of attorney to carry out a transaction. Do not forget to make copies of all documents - they are also required.

In response to the documents you will be given a specialstatement that you will need to sign. Then it remains to wait until the fact of registration of rights to land. This takes about 2 weeks. Next, you will be issued a certificate of their USR.

If you think, the cost of registrationland in the property in this case may vary. But in general, you have to pay a lot of money. Therefore, the most common cases are registration under a gift agreement or by inheritance, as well as under a “dacha amnesty”.

According to the gift

The next scenario is gifts. At the moment this is the most common form of transfer of property among relatives. Therefore, the procedure for registration of land in the property is somewhat simplified. What do you need to do to implement our idea today?

First of all, a gift is issued by a notaryon the land. A deed of gift is required, as well as the passport of the donor and the donee. The previous owner must attach the following documents:

• an extract from BTI;
• land plan;
• assessment documents;
• cadastral passport;
• receipt of payment of duty for registration of the contract of donation;
• documents about the absence of debts (and for the donee).

The notary will verify the compliance of the documents withland, as well as the terms of the contract of donation. In the absence of any violations, the agreement is signed. The notary gives you a certificate of transfer of land rights to the recipient under the contract of donation. Already with this document you will have to apply to the registration chamber in order to issue papers for new certificates in your name. This process will be no different from inheritance of land. Unless, instead of the will the donation contract is required.

Pay attention - you will have to paytax upon receipt of property in the property. Should be taken into account the cadastral value of the plot. It will have to pay 13% of the price. The exceptions are cases when the gift is issued to close relatives. Among them are:

• grandchildren;
• parents;
• spouses;
• brothers;
• grandparents;
• sisters;
• children.

In all other cases, it is necessary both for the inheritance and for the deed of gift to pay 13% of the plot value. Without this payment, you have the right to take the land.

Getting a cadastral passport

As you can see, you can not do without suchdocument as a cadastral passport. But how to get it? A plot of land without this paper is simply impossible to make a property under any circumstances!

This is not as difficult as it seems. First you need to write an application for the issuance of this document. Further, it relates to the registration chamber or multifunctional center. Attach to it a copy of the passport, as well as the death certificate of the past owner or any other document that confirms your need to receive the paper (if it is not a passport in your name). This may be a donation agreement or a will. If you get a passport in your name, all you need is a civilian identity card.

Further payment is required.state duty. A plot of land will cost individuals 200 rubles, legal - 600. Attach a payment receipt to the application. Everything, it is possible to submit the document to the registration chamber!

In return for the statement you will be given a receipt,which will indicate when it will be possible to come for a cadastral passport. At the appointed time, contact the MFC or the registration chamber with your passport. You will receive a cadastral passport. That's all, you can arrange the land in the property!

Inventory

As soon as you realize the idea, you needwill apply to the registration or cadastral chamber to put the land registered again, but with new data on the owners. To do this, you must submit:

• Receipt of state duty payment (200 rubles for individuals, 600 - for legal entities);
• passports of owners;
• a land survey plan with a CD (if issued);
• geodetic plan;
• an extract from the USRR on ownership (or a certificate of land rights);
• documents, grounds for registration of the site (the contract of sale, donation, will, the resolution on indefinite use);
• permission of the guardianship to the process (for minors).

It's all. It remains only to write an application for obtaining a cadastral passport and land registration. This must be done by each owner. Next, you will be issued an extract in which, like when you receive your passport, the date is indicated on which you can collect the relevant documents. Then, with an identity card, you return to the registration chamber at the specified time. That's all, you again put the land on the cadastral registration!

Country Amnesty

Recently, such a thing as a “dacha amnesty” has appeared. It made life easier for many citizens. Now private ownership of land in certain cases occurs in a lightweight version.

This law was adopted on June 30, 2006 (Federal Law No. 93“On Amendments to Certain Legislative Acts Regarding the Issue of the Simplified Form of the Rights of the Population to Individual Real Estate Objects”), put in force on September 1 of the same year. With him, dacha plots and objects on these lands became easier for private ownership. Although not in all cases. You can say this is a law on private property, which many have been waiting for. But he has his own peculiarities. Which ones?

First, the term of the amnesty is limited. In most cases, privatization is available until March 1, 2018. After that, "dacha amnesty" ceases to operate. Therefore, if you want to arrange a property and objects on it, hurry up! But the members of the garden, cottage and gardening partnerships were more fortunate. According to the established rules, they can be quietly privatized until December 31, 2020.

Secondly, not everyone has a cadastral plan for the plot, as well as documents confirming land rights. In this case, "dacha amnesty" brings certain troubles.

Third, note that the order of registrationland ownership of the "dacha amnesty" will require you to pay a state fee in the amount of 1 000 rubles. It is not too much. But additional expenses will also have to be borne. For example, for the land survey. All such expenses are paid by the future owner.

You must contact the MFC or Registration Chamber with the following list of documents:

• paid by duty;
• application for registration of the site and objects on it;
• passport of a citizen of the Russian Federation;
• the cadastral plan;
• cadastral passport;
• documents, grounds for registration of rights to land;
• technical passport

Only 30 days - and it's done, you getthe possibility of issuing an extract from the USRR, which will confirm your rights to the land and objects on it. There is nothing difficult if you have a cadastral plan and grounds (documented and confirmed) for obtaining the appropriate permission to process documents for the site.

The legislative framework

Special attention is required by laws imposingrestrictions on our process today. They are spelled out in the Land Code of the Russian Federation. Property registration is a complex process. The code indicates the decoding of public and private property. The first is the one that is at the mercy of the state, and the second is for individuals and legal entities. Foreign citizens, according to the Land Code (Article 15, p.3) cannot formalize property if the land is located in border areas.

Also pay attention to the so-calleddacha amnesty. This is also a law that indicates how you can make a land plot into ownership. But, honestly, the Land Code becomes fundamental. After studying it, you can learn all the features of our today's procedure.

What can not be made out

Private land ownership is not always the case. In some cases, you have the full right to refuse this process. What areas fall under the restrictions?

Among them can be found reserves, as well as land belonging to the security services of the country. This also includes areas that may be useful to the Armed Forces of the Russian Federation for military maneuvers.

Areas that are culturalor historical value is also not drawn up as a private property. These are all restrictions that currently exist in Russia. The procedure for registration of land ownership is simple. If you prepare correctly, you can privatize in just 2 months!