Where to start and how to register the land under the house as your property?
Content
When purchasing a private home for permanent residence or vacation, many do not think that not only the real estate object, but also the land plot under it is subject to registration. Otherwise, the owner will face a lot of problems and troubles. In this article we will tell you how to register the land under a private or apartment building as your property, and also consider typical situations.
Where to start land registration?
Registration of a land plot (LZ) is a long and labor-intensive process. The future landowner should understand this and not hope to settle everything in a few days. This is as labor-intensive as registering ownership of a house after construction on your site.
Let's consider the main stages that an applicant who wants to legalize a plot of land under a house will need to go through:
- Contacting a land management organization . A qualified surveyor will arrive on site, who will compare the compliance of the design documentation with the existing buildings on the site, and then issue the appropriate documents (waiting period is about 30 days).
- Legalization of borders . Based on the conclusion of land surveyors, employees of the Department of Architecture of your city will issue a decision on the transfer of land into ownership (waiting period - 30-40 days).
- A visit to Rosreestr to obtain an extract for a land plot under a residential building.
- Land surveying . The procedure preceding the creation of a cadastral passport. Carried out by a cadastral engineer by prior agreement (waiting period - 30-40 days).
- Obtaining a cadastral passport and land plot plan . It is completed by Rosreestr within 30 days from the date of submission of the required package of documents and payment of the state duty.
- Registration of land ownership . Everything received during training is submitted to Rosreestr for registration. An extract from the Unified State Register will be ready in 14-30 days.
If you do not have the desire or opportunity to independently privatize the land under your house, you can use the services of intermediary companies. Their prices for services correspond to the time, physical and psychological costs that the applicant will incur.
Let's look at some typical situations that arise in the lives of potential landowners.
If the plot is under a private house
Often, citizens receive ownership of a residential building through civil transactions, but not the land underneath it. This is possible in the following situations:
- obtaining the right to inherit;
- conclusion of the purchase and sale;
- execution of an exchange agreement, etc.
You can privatize the land under your house on the following grounds:
- By the tribunal's decision;
- under the dacha amnesty;
- purchase of land from municipal authorities (you will need to obtain a certificate of the value of the land plot based on information from the cadastre);
- free of charge on the basis of an administrative act from the municipality or other local government body.
If the land is under an apartment building
A plot of land under a house in which several apartments are officially located (MCD) can only be registered with the consent of all apartment owners . To do this you will need:
- Convene a general meeting of residents.
- Obtain the written consent of each residential property owner.
- Document the decision in an official protocol.
Important! Before convening a meeting, you need to contact the local administration and initiate the process of forming the boundaries of the site in accordance with the requirements of the Land Code of the Russian Federation.
If the house belongs to 2 or more owners
It is possible to register ownership of a land plot if there are several owners, if this is a common decision. You will need to contact the relevant authorities together and applications for privatization also need to be drawn up together.
If one of the owners is against registering ownership of the land under the house, the issue will need to be resolved in court .
If the house is unfinished
The basis for registering land ownership is the presence of a residential construction project on it. Therefore, before contacting government agencies, it is necessary to put the unfinished building into operation. Moreover, if the house is recognized as an unauthorized construction, the citizen will have to first legitimize it and only then start privatizing the site.
If the house burned down
The rule prohibiting the privatization of land without a residential building also applies to a burnt house. To register the land, you will have to rebuild the house and put it into operation.
Important! If, within three years from the date of the fire, a residential building is not erected on the site, the rights to use the land will expire. Further use of the plot will be considered an unauthorized seizure of land.
If you are just planning to build a house
Registration of land as a property, acquired by inheritance or otherwise, is possible only after the construction of a residential property on it and registration of ownership of it.
If the land is rented
If the plot is leased from the local municipality, it is possible to obtain ownership of the plot if a residential building is built on it. At the same time, it does not matter at all where it is geographically located: in Moscow, Crimea or Khanty-Mansi Autonomous Okrug. In the case of renting from a private person, this is impossible.
Documents for registration of land under the house
The list of papers that will be required during the legalization of a land plot includes:
- application to the local administration;
- title papers for a residential building;
- documents defining the right to use the plot;
- certificate of value (issued by the BTI);
- extract from the cadastral plan of the settlement.
In what cases can land be privatized and when not?
A land plot can be privatized in the following situations:
- the land has been transferred for indefinite use;
- to legitimize the squatting of the adjacent area;
- the allotment was transferred for free use for a period of up to 6 years, 5 of which have already expired;
- received by will.
Land ownership is not subject to registration:
- of particular value to the state;
- forest zone;
- classified objects;
- water protection zones, etc.
In what case can you get land for free?
Citizens who have received plots from local authorities for gardening or dacha needs can receive land for free. The dacha amnesty has been extended until 2020 and affects all regions and regions of the Russian Federation.
In addition, citizens are entitled to free land plots when participating in certain state programs (“Far Eastern hectare”, upon the birth of 3 children, etc.).
Prices for services
The cost of registering a plot of land as a property varies from 15,000 to 40,000 rubles . The total cost depends on the number of activities required and documents received.
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