State registration of ownership of land
Content
Rights to a land plot come into force from the moment of state registration, that is, entering information about the property into a unified register. As a result of the procedure, information about the owner of the plot is entered into the database and becomes available in open mode. To register ownership of a land plot, you will need to collect title documents - papers on the basis of which the transfer to another owner took place.
What they are and how to draw up an application for registration, how the registration procedure goes, how much the state fee is and how important it is to seek the help of real estate specialists - realtors and lawyers who will help carry out the transaction safely, in detail in this material.
What documents are needed
Registration of ownership of a land plot is carried out upon provision of a package of documents, which is approved by Federal Laws No. 218 of July 13, 2015 on the registration of real estate transactions and No. 122 of July 21, 1997 on the state land cadastre.
List of documents for state registration of rights:
- application in the form - usually drawn up and submitted against signature by an employee of Rosreestr;
- identity cards of the parties to the transaction in original and copies;
- certificate of registration when transferring rights to an object for the last time before January 1, 2017, from this date the document is replaced by an extract from the Unified State Register of Real Estate - you can order it here ;
- the legal basis for registering the transfer of rights is a contract of purchase and sale, exchange, gift, privatization, a certificate of acceptance of inheritance, an administrative act at the local, regional or federal level on the transfer of real estate into the ownership of private individuals or a court decision by which the fact of appropriation of property is established;
- an extract from the Unified State Register valid for no more than 5 days to confirm the status of the real estate being sold with the right to dispose without restrictions on transactions with the object due to the imposition of security in the form of a pledge or mortgage, the property being under arrest as a result of a court decision or order by the bailiff service;
- consent of the spouse when selling real estate in joint ownership or from the owners of other parts of the property, if shared ownership is provided;
- receipt with a mark on payment of the state duty.
For a more specific list of documents and nuances of the transaction specifically for your case, we recommend asking our specialist below .
Depending on the type of land property and its permitted use, it is possible to expand the list of documents for registering a transaction on the transfer of ownership of land. Features are established in relation to certain types of real estate on the basis of Chapter 6 of the Federal Law of the Russian Federation No. 128.
When entering information into a unified state database, the state registrar may request additional documents when determining the specifics of the legal status of a land plot.
By inheritance
Registration of the transfer of ownership of a land plot in Rosreestr is carried out in the presence of a certificate of acceptance of inheritance received at the notary office at the last place of residence of the deceased.
To do this, it is necessary to wait 6 months before the distribution of rights to inherited property. It is possible to register rights to the entire property or to a share of a land plot.
When donating
A transaction with elements of a gift is also concluded on the basis of a bilateral agreement. It is important not only to respect the rights of the donor to transfer property, but also of the donee, who must agree to take possession of the property.
Particular attention should be paid to the fact that the receipt of property in property not from a close relative is subject to income tax in the amount of 13% of the value of the property received.
The deed of gift does not need to be certified by a notary; you can immediately submit the agreement for registration with Rosreestr. The provision for the transfer of property in the future after the death of the donor makes such an agreement invalid, since in this case a will must be drawn up.
According to the purchase and sale agreement
The standard transaction, the most common in practice, is the conclusion of a purchase and sale agreement. Carried out on the basis of applications from the parties, subject to payment of the state fee and provision of an agreement indicating the property being transferred.
Application for registration of rights
One of the documents submitted to the Rosreestr authorities for registering ownership of a land plot is an application form (can be downloaded). The document is drawn up by an employee of a government agency and handed over to the parties to the transaction for signing in person or by proxy.
When sending a request through electronic resources such as State Services or the official website of Rosreestr, the applicant fills out the document independently in electronic form.
Application submitted:
- the owner of the property - the legal holder;
- an authorized person from the owner of the object on the basis of a power of attorney;
- interested parties.
Stakeholders include:
- citizens of the Russian Federation;
- organizations of all forms of ownership;
- representatives of state and municipal bodies;
- other subjects.
As a general rule, in relation to one object, a single application is drawn up and signed by an authorized person.
Where can I register?
The law provides for several ways to register transactions in relation to real estate objects such as land plots.
Through Rosreestr
Regardless of the content of the transaction, the transfer of a land plot as a result of purchase and sale, by inheritance or as a gift, in other cases, registration of the land plot and the house on it is carried out in the territorial divisions of the state body - Rosreestr, where a unified real estate database is maintained.
Through MFC
In order to carry out the intermediary function between the bodies of Rosreestr and applicants, MFCs were created to perform the tasks of an intermediary. The powers of interfunctional centers in the field of real estate registration are regulated by Federal Law No. 210 of July 27, 2010 on the organization of the provision of state and municipal services.
The centers provide consultation and interaction with territorial divisions of Rosreestr on issues of registration of rights to land plots.
State registration fee
Throughout Russia, based on the requirements of federal legislation (Tax Code of the Russian Federation), the amounts of state duty are set uniform for all subjects.
For Moscow and St. Petersburg the following tariffs for the disposal of land plots will apply.
The amount of the state fee is established by Article 333.17 of the Tax Code of the Russian Federation and depends on the status of the entity that paid the fee and the legal action being taken:
- when registering a right at the request of the copyright holder that arose before the entry into force of Federal Law of the Russian Federation No. 218 on state registration of real estate or a share in such property - 2,000 rubles. for citizens, 22,000 rub. for organizations;
- when registering the right of an individual to a land plot for personal subsidiary farming, individual or garage construction, for a summer cottage facility, for vegetable gardening or horticulture, or for a building created on such an allotment - 350 rubles;
- when establishing restrictions and encumbrances on land due to a transaction with them - 350 rubles;
- registration of shared ownership of a land plot for each owner of real estate intended for agricultural needs will cost 100 rubles;
- making changes after registration is subject to a state duty without indicating information about title rights will cost citizens 350 rubles, organizations - 1,000 rubles;
- determining restrictions on the disposal of real estate, including mortgages, will cost citizens 1,000 rubles, companies 4,000 rubles;
- When amending the mortgage agreement, a state fee of 200 rubles is paid. individuals and 600 rub. organizations.
How to safely conduct a state registration
Registration of ownership of land plots is associated with the risks of concluding an agreement, which may subsequently be legally challenged. Accordingly, the legal consequences caused by it will be insignificant and one of the parties to the contract will suffer significant losses.
The reason for suspending the registration of a transaction may be incorrectly paid state duty, errors in title documents, or other legal and technical deficiencies.
There are also frequent cases of fraud in the field of transactions with real estate and land plots. Forgery of documents and the presence of debt cannot be ruled out, and therefore normal use of the site is not possible due to its seizure for debts, seizure in court initiated by other heirs or legal owners of the property. There are many cases of property loss in practice.
A qualified legal specialist will help prevent the risks of canceling a transaction and recognizing an agreement or other legal act as void, as well as restoring lost rights to property. On our website you can seek a free consultation with a specialist here .
By contacting him in a timely manner, you can prevent the loss of a land plot due to seizure or the onset of other legal risks, which will help save funds, check the registration of rights to a certain person and the presence of debts on taxes and maintenance payments before planning the transaction.
To do this, it is recommended to consult a specialist for advice regarding the calculation of state duty, registration of rights under a purchase and sale agreement or due to another transaction in relation to a land plot.
Registration procedure
The procedure for registering land ownership goes through several stages:
- preparation of documents confirming rights to the site;
- contacting the Rosreestr authorities in any available way with an application to enter information into the database about the owner of the land or establish restrictions;
- receiving from the territorial division of Rosreestr or through Russian Post the original extract from the Unified State Register of Real Estate confirming ownership of the plot.
To contact Rosreestr with a package of documents, it is necessary to determine what cost of registration of the right must be paid to the state budget in cash through bank cash desks or by transfer from a bank account.
Additional steps may include the following:
- registration of termination of ownership of a plot of land on the basis of a court decision or other acts that have entered into legal force on behalf of state and municipal bodies;
- removal of restrictions on the disposal of real estate, for example, a mortgage by virtue of concluding a loan agreement and posting it as collateral;
- cancellation of illegal registration of rights in court;
- request to archives or notary offices regarding established rights;
- obtaining administrative acts from authorities;
- holding a meeting of participants in a garage or dacha cooperative to distribute shares in an allocated plot during simplified registration of rights - privatization of state or municipal property or on the basis of the law on dacha amnesty;
- drawing up a cadastral passport and boundary plan in the event of disputes regarding the establishment of boundaries of neighboring land plots, etc.
All actions can be carried out either personally by the parties to the transaction or by representatives on the basis of a notarized power of attorney.
Thus, the amount of the fee depends on the basis for registration of the right.
It should be noted that the registration of rights to a dacha land plot is carried out within the framework of a special law that provides for a simplified procedure for interaction with authorities.
When allocating land free of charge or by way of purchase, the registration of municipal ownership of the land plot is checked for application to the authorized body, which is in charge of the disposal of the corresponding real estate fund.
The same applies to federal property, some types of which are prohibited from being transferred under gratuitous agreements to private individuals, in particular, this rule applies to strategic land plots belonging to military units of the Ministry of Defense of the Russian Federation, natural reserves and in other cases provided for by the Land Code and other regulations acts of Russia.
The period for registering property rights depends on the method of registration of ownership. If you apply personally to Rosreestr or through a representative, or when submitting an application through the State Services portal or the official website of a government agency, registration will last no more than 10 days, with the mediation of the MFC - 14-15 days.
When sending and receiving an extract of registered rights via Russian Post, the period will increase accordingly by the time of sending the documentation.
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