How to get land lease for 49 years from the state

The civil legislation establishes a rule on the possibility of registering such authority as leasing land from the state for 49 years. Who can get a plot of land, what needs to be done for this, what authorities should they contact? The conditions for the provision of land plots for a maximum period of 49 years for various purposes are described in this material.

What it is?

Renting a land plot is expected both on a short-term basis for a period of up to 1 year, and for a long period of use with a maximum contract period of 49 years.

The conditions for leasing land for 49 years from the state are regulated by the provisions of the Land Code; there are restrictions on the provision of plots limited in private circulation.

The benefits of renting include:

• conclusion of an agreement with the right of redemption;
• the possibility of making a profit upon obtaining the owner’s consent to sublease;
• mining and use of other natural resources on leased land;
• construction of structures, if such a possibility is specified in the contract;
• early termination of the contract if there is no need to use the land;
• execution of the contract is a priority for owners of buildings and premises on the site.

Privileged categories of citizens receive land plots free of charge:

• pensioners;
• large families with 3 or more children, dependents under 18 years of age with disabled status;
• heroes of the USSR and Russia;
• military personnel;
• disabled people of groups 1 and 2;
• young professionals - residents of rural areas;
• those in need of improved housing conditions when taken into account in the queue in the region when living for more than 5 years in this area.

Terms of service

A lease agreement can only be concluded with the owner of the plot, which is the state and municipal authorities. This explains the need to distribute free land between citizens and legal entities interested in its cultivation.

It is possible to obtain a plot of land without holding a tender only once by preferential categories of citizens, the list of which is established in clause 6 of Article 39.14 of the Land Code of the Russian Federation .

Land leased for 49 years from the state is not allocated for private use when they are part of restricted or prohibited objects:

• nature reserves;
• for the placement of military bases, strategic installations;
• with the disposal of nuclear waste;
• within park areas for public use, organization of recreation for the population.

What can the site be used for?

The grounds for the intended use of land leased for 49 years are established by various norms of the Land Code of the Russian Federation and depend on the activities of legal entities or the economic activities of citizens.

For individuals:

• under the management of a peasant farm (peasant farm);
• for personal subsidiary plots or individual housing construction, if the plot is located within city limits;
• as part of horticultural and gardening cooperatives;
• when withdrawing a plot of property for municipal or state needs as a replacement;
• when constructing a residential building on the site, if it does not relate to self-construction;
• for a car service, if such activities are provided for by the organization’s statutory documents.

For organizations:

• for the formation and conduct of activities of a non-profit association for the purpose of forming a dacha or gardening partnership, gardening;
• if there is ownership of capital buildings located on the land;
• to open an agricultural enterprise;
• when transferring from the right of perpetual use on the basis of a previously submitted act;
• for the location of defense complex enterprises, transport, energy and industrial facilities, and space activities.

Step-by-step instructions for renting a plot:

• searching for land, obtaining information about the owner;
• formation of a cadastral plan in the absence of boundaries;
• submitting an application to state or municipal authorities to conclude an agreement;
• organization of auctions for a land plot, if there are several applicants for the use of land, or without an auction, if there is a restriction by law;
• setting a price for land lease on the basis of regulations.

General procedure

It is expected that the land plot will be provided for long-term lease during the following procedures:

• auction;
• without bidding.

Such changes are effective from March 1, 2015 after significant amendments were made to the Land Code of the Russian Federation.

The conclusion of the contract is carried out in several stages:

• choosing a suitable plot;
• ordering a cadastral passport, if it is registered, or calling an engineer to enter information about the allocated plot into the state register of real estate; if there are disputes about boundaries, drawing up a boundary plan;
• sending an appeal to the administration of the territorial entity managing the land fund;
• study of the draft lease agreement and its conclusion;
• establishment of an encumbrance in the form of long-term assignment of a plot to a certain entity in the bodies of Rosreestr.

Choosing suitable land

To search for the site you need, you can:

• by submitting an application to the administration at the location of the land;
• when determining coordinates on a specialized Cadastral map on the Rosreestr portal;
• when submitting an application to the regional office of Rosreestr for the issuance of an extract from the Unified State Register with the status of the site indicating its exact address.

It is imperative that the selected land corresponds to the purposes of use implemented by the citizen or organization. Thus, if an enterprise conducts agricultural activities, then the provision of a site for multi-storey development is impossible by law.

Contacting the administration with a statement

If you are interested in providing a specific land plot, you must contact the district administration to obtain permission to conclude a lease agreement for a period of up to 49 years. A document is drawn up in any form indicating the cadastral number or address of the plot, with the details of the citizen or organization claiming to occupy the land.

Based on the results, an act is drawn up notifying the applicant about the possibility of concluding a lease agreement with draft documentation. Otherwise, if the land is subject to a regime of restrictions or prohibitions on transfer to private use, a reasoned refusal is provided.

Consideration of the application is carried out within 30 years on the basis of local regulations by state and municipal authorities.

An appeal against the refusal to conclude an agreement is carried out through the court. The complaint must be filed within 10 calendar days from the date of receipt of the notification by mail or in person at the administration.

Making a decision on bidding

Bidding is carried out if there are several applicants for renting a plot. The organization of the auction is announced when information is posted in open media. The winner is the person who offers the highest price for the use of the land.

clause 8 of Article 39.11 of the Land Code of the Russian Federation cannot be considered as an object for bidding :

• if its boundaries are subject to clarification, there are disputes regarding their establishment;
• when state or municipal ownership is not established;
• in cases where the construction permit does not define the limits of construction and the layout of the facilities;
• when the purpose of use does not correspond to the purpose of the land;
• if the category of land has not been established, etc.

Bidding is not carried out in relation to lands intended for agriculture - haymaking, grazing, gardening. The maximum term of the contract is up to 3 years.

Early termination of the contract is carried out in case of violations:

• land pollution;
• construction of residential buildings;
• creation of landfills;
• destruction of the fertile layer.

Notification of possible applicants for the site

An announcement about the sale of land is published in open sources 30 days before the auction is organized.

To participate in the auction, the organizers are provided with:

• application in the prescribed form;
• identity card from citizens, constituent documents and certificates of registration in the Russian Register and TIN for organizations;
• title papers for a residential building or industrial building, other premises owned by certain persons by right of ownership, with the aim of allocating land to their jurisdiction;
• receipt for payment of a deposit in the established amount.

Bidding

If there are several applicants for a plot of land for rent, an auction is held on the basis of Article 39.6 of the Land Code of the Russian Federation . The initiation of the process is carried out by persons interested in obtaining a plot or by executive bodies who are in charge of the distribution of plots.

There are no special requirements for the status of legal entities and citizens; any entity can take part.

Obtaining documents for the site

It is possible to draw up an agreement for the use of land:

• with an individual or legal entity - the owner of the land;
• in sublease relationships;
• when allocating land from the state fund with signing an agreement with the relevant executive bodies.

After registration of the lease, an application is made to the Rosreestra authorities if the contract term is more than 1 year.

Registration of a lease agreement

A long-term lease agreement must contain the following terms:

• parties to the agreement;
• number;
• the exact address;
• special purpose;
• square;
• defining boundaries;
• payment method.

According to Articles 433 and 609 of the Civil Code of the Russian Federation, as well as the provisions of Article 26 of Federal Law No. 218 on state registration of rights to real estate, it is necessary to enter information about the restrictions imposed on the land plot into the unified database of the registration authority.

If the contract term is more than 1 year, the contract must be formalized in the territorial division of Rosreestr.

Long-term lease for 49 years is provided upon provision of documents:

• applications - generated and filled out in printed form by an employee of Rosreestr;
• the lease agreement in three original copies according to the number of parties and one for the archive of the state institution;
• cadastral passport and, if necessary, boundary plan;
• title documents for the building on the site;
• when a legal entity applies for the first time - constituent documents, an order for the appointment of a manager, a power of attorney when acting on behalf of a representative organization;
• a receipt for payment of the state duty based on the requirements of the Tax Code of the Russian Federation for completing registration actions.

What will happen to the site after 49 years?

When using a land plot for its intended purpose, for example, the construction of a residential building or commercial facilities, the owner of the buildings has a preferential right to re-register the lease on the land.

It is possible to rent land from the state by concluding a long-term relationship in any region of Russia, including Moscow and St. Petersburg. Land lease in the Leningrad region from the state for 49 years is in high demand.

As a matter of priority, the entities in whose name the buildings on the site are registered have the right to demand the conclusion of an agreement. Registration of lease of a plot is carried out in the absence of the possibility of obtaining ownership rights.