The order of registration of the land in the property. Registration of the land: the law

So, today we will be interested in the order of registration 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's possible to design

Registration of land is not always possible. There are cases in which you can forget about our today's process. Therefore, before collecting documents, find out whether you are available for the registration of real estate in private ownership. Thus, one 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 formalize a land plot in ownership. Only, as practice shows, many people succeed. 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 land registration when inheritance is received.

We receive the inheritance

So, the first case is the transfer of the use rights to land by will 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 the whole land plot, 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 a 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 Registration Register under Form 3 (in 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 can only come 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 serve as documents confirming kinship 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 to formalize the ownership 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's about registering a certificate that was 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 the state fee (it is) for obtaining a certificate of ownership of the land. An excerpt from the Unified State Register is being issued. Approximately in 10-14 days it will be possible to receive in the registration chamber a relevant 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, and also with the rights of perpetual use. This process proceeds with great difficulties and costs (both monetary and temporary). Fortunately, if you prepare in advance, you can easily implement the idea without special problems.

To obtain land in private ownership, it is necessary:

• Make a geodetic site plan;
• Take a master plan (in BTI);
• Receive 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 if brief. But in fact, everything is much more complicated than it seems at first glance. Once you have a geodetic and general plan of 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 present:

• The act of transferring the land to your possession;
• Master plan of the earth;
• Cadastral passport;
• Permission of the guardianship authorities (if there are underage children among the owners).

Then you will have to wait a while. Execution of documents in this situation is far from the most important thing. The administration must give its consent 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 applied to the application for the registration of land in private ownership. When there is a contract for indefinite use, no additional cash outlay is needed.

Once a positive response has been received, a land survey and registration of the site is conducted. In the end, you can take a new cadastre passport. Further, the rights to the land are registered. This is done according to a certain scheme.

You will have to apply to the registration chamber. This is necessary for all owners. Alternatively, visit the MFC. Present there the following package of documents, and then wait for the answer:

• Land survey plan;
• Passport of the future owner;
• Cadastral passport for land;
• The basis for transferring the plot to your possession (a contract of sale or receipt of land for unlimited use);
• A receipt for payment of the state fee in the amount of 2,000 rubles.

Please note: if a trustee applies to the registration chamber or MFC, the person will need to present a power of attorney for the implementation of a particular transaction. Do not forget to make copies of all documents - they are also needed without fail.

In response to the documents you will be issued a special application, which you will have to sign. Further, it remains to wait until the fact of registration of rights to land occurs. This takes about 2 weeks. Next, you will receive a certificate of their EGRP.

If you think about it, the cost of registration of a land plot in the property in this case can vary. But in general you have to pay a lot of money. Therefore, the most common cases are registration under a gift or inheritance agreement, as well as "dacha amnesty."

By donative

The next variant of the development of events is donative. At the moment, this is the most common form of property transfer among relatives. Therefore, the procedure for the registration of a land plot into property is somewhat simplified. What will you need to do to realize our today's idea?

First of all, the notary is issued a gift for the land. We need a gift agreement, as well as a passport of the donor and the donee. The previous owner must necessarily attach the following documents:

• An extract from the BTI;
• The plan of the earth;
• Evaluation documents;
• Cadastral passport;
• A receipt for payment of the fee for registration of the gift agreement;
• Documents on the absence of debts (it is necessary for the donee).

The notary will check the compliance of documents to the land, as well as the terms of the gift agreement. In the absence of any violation, the agreement is signed. The notary gives you a certificate of transfer of rights to land to the recipient under a gift contract. Already with this document you will have to apply to the registration chamber to issue papers for obtaining new certificates in your name. This process will not be different from the design of the land by inheritance. Is that, instead of a will, a gift agreement will be required.

Pay attention - you will have to pay the tax upon receiving the property in the property. The cadastral value of the land plot should be taken into account. It will have to pay 13% of the price. The exception is cases where 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 donation to pay 13% of the value of the plot. Without this payment, you have the right to take away the land.

Obtaining a cadastral passport

As you can see, you can not do without such a document as a cadastral passport. But how to get it? A piece of land without this paper is simply impossible to formalize under no circumstances!

This is not as difficult as it seems. First, you need to write an application for the issuance of this document. Further, it refers to the registration chamber or multifunctional center. Attach to it a copy of your passport, as well as a certificate of death of the previous owner or any other document that confirms your need for receipt of paper (if it is not a passport in your name). It can be a gift or testament. If you receive a passport in your name, only a civil identification card is enough.

Next, you will need to pay the state fee. The plot of land will cost individuals 200 rubles, the legal - in 600. Attach a receipt for payment to the application. All you can file a document in the registration chamber!

In exchange for the application you will receive a receipt, which will indicate when it will be possible to come for the cadastral passport. At the appointed time, contact the MFC or the registration office with your passport. You will receive a cadastral passport. That's all, you can apply for a piece of land in the property!

Cadmation

As soon as you realize the idea, you need to apply to the registration or cadastral chamber to put the land on the register again, but with new data on the owners. For this you must show:

• A receipt for payment of the state duty (200 rubles for natural persons, 600 - for legal entities);
• Passports of owners;
• Plan of surveying with CD-disk (if it was issued);
• Geodesic plan;
• An extract from the EGRP on property (or a certificate of land rights);
• Documents-grounds for registration of the site (contract of sale, gift, will, resolution on indefinite use);
• Permission of the guardianship authority for the process (for minors).

It's all. It remains only to write an application for cadastral passport and land registration. This is necessary for every owner. Next, you are issued an extract, in which, as with the receipt of the passport, the date is indicated, in which you can pick up the relevant documents. Further with the identity card you return to the registration chamber in the specified time. That's all, you again put the land in the cadastral register!

Dacha amnesty

Recently, the notion of "dacha amnesty" has appeared. It has made life easier for many citizens. Now private ownership of land in certain cases occurs in a lightened version.

This law was adopted on June 30, 2006 (Federal Law No. 93 "On Amending Certain Legislative Acts Regarding the Issue of the Rights of the Population to Individual Real Estate Objects in a Simplified Form"), entered into force on September 1 of the same year. With it, dacha plots and objects on these lands to formalize into private ownership became easier. Though not in all cases. It can be said that this is the law on private property, which many have been waiting for. But it has its own characteristics. Which ones?

Firstly, the amnesty period is limited. In most cases, privatization is available until March 1, 2018. After that, "dacha amnesty" ceases to function. Therefore, if you want to formalize a property plot and objects on it, hurry up! But the members of the garden, dacha and gardening associations were more fortunate. According to the established rules, they can quietly privatize until December 31, 2020.

Secondly, not everyone has a cadastral plan for the site, as well as documents that confirm the rights to land. In this case, "dacha amnesty" brings some trouble.

Thirdly, please note that the procedure for registering a land plot in the ownership of a "dacha amnesty" will require you to pay a state fee of 1,000 rubles. It's not too much. But here additional expenses also have to be incurred. For example, for surveying a site. All such expenses are paid by the future owner.

You must contact the MFC or the registration chamber with the following list of documents:

• Paid duty;
• Application for the design of the site and facilities on it;
• The passport of the citizen of the Russian Federation;
• Cadastral plan;
• Cadastral passport;
• Documents - grounds for registration of land rights;
• Technical passport.

Only 30 days - and the deal is done, you will get the opportunity to issue an extract from the Unified State Register, which will confirm your rights to land and facilities on it. There is nothing difficult if you have a cadastral plan and grounds (documented and confirmed) for obtaining an appropriate permit for processing documents on the site.

The legislative framework

Special attention is required by laws that impose restrictions on our current process. They are registered in the Land Code of the Russian Federation. Registration of property is a complex process. The code specifies the deciphering of state and private property. The first is that which is in the power of the state, and the second - from individuals and legal entities. Foreign citizens, according to the Land Code (art. 15 para. 3) can not formalize the property, if the land is located in the border areas.

Also worth paying attention to the so-called dacha amnesty. This is also a law that indicates how it is possible to formalize a land plot in ownership. But, to be honest, the Land Code becomes fundamental. Having studied it, you can find out all the features of our today's procedure.

What you can not make out

Private ownership of land does not always take place. In some cases, you have every right to refuse this process. Which areas fall under restrictions?

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

Locations that bear any cultural or historical value, too, do not formulate as private possessions. These are all the restrictions that currently take place in Russia. The procedure for registering a land plot in ownership is simple. If properly prepared, you can only privatize in just 2 months!