The procedure for purchasing a land plot from lease to ownership
Content
The procedure for purchasing a land plot from lease is determined by agreement of the parties or local acts of the municipality. For rent with purchase, the norms of the Civil Code of the Russian Federation regulating the specifics of the real estate purchase and sale transaction are acceptable.
To register ownership of land received from the state or municipality, a bidding procedure is required, the winner of which receives the right to conclude a lease agreement.
Russian legislation
The Land Code of the Russian Federation determines the status of land use objects and the main principles of their use. The law regulates relations between tenants and owners of the territory that affect public law interests. Private interest is outside the scope of land legislation and is regulated by the provisions of the Civil Code.
- The basic rules for leasing land are set out in Art. 22–24 Land Code of the Russian Federation .
- It is necessary to draw up land lease agreements without the right to purchase ownership, taking into account the Civil Code of the Russian Federation - Ch. 34.
- For redemption, the rules on the real estate purchase and sale agreement apply - Art. 548–559 of the Civil Code of the Russian Federation.
The purchase of agricultural land plots and the execution of perpetual lease agreements should take into account Chapters 2–3 of Federal Law No. 101, adopted in 2007. Redemption can be carried out by transferring an object from state (municipal) property to commercial and private individuals.
- The procedure for privatization of land plots is regulated by Federal Law No. 178 of December 21, 2001 .
- The rules for paying land tax are established by the Tax Code of the Russian Federation - Art. 397–398 .
- The resolution of disputes under the lease agreement is carried out in accordance with the Resolution of the Plenum of the Supreme of the Russian Federation No. 73 dated November 17, 2011 .
- The lease transaction is subject to the rules of Art. 153–165.1 Civil Code of the Russian Federation.
- If controversial situations affect the commercial interests of the parties, then the rules of the Arbitration Procedure Code of the Russian Federation are used.
In other situations, the trial is carried out according to the rules of the Code of Civil Procedure of the Russian Federation. To appeal state and municipal regulations, one should be guided by the provisions of the CAS of the Russian Federation.
The land plot is leased
Leased land can be acquired into legal ownership if there is the consent of the owner. Registration depends on the legal status of the object and its legal owner.
The parties must adhere to the provisions of Art. 22–24 Land Code of the Russian Federation. Rent is possible for all land plots, with the exception of the objects specified in clause 4 of Art. 27 RF Land Code. The amount of payment for the right to use land is established voluntarily by the parties or by municipal acts.
Typically, a tenant of land can freely transfer his rights to others, unless a prohibition on transfer is specified in the contract. It is possible to sublease the land.
To do this, you need to notify the landlord. The legal relationship between the owner and the tenant can be established for a specific period or have no time limits.
To lease a land plot with the right to purchase ownership, it is necessary that:
- the land was free for circulation;
- land use objects were available for purchase. For example, certain categories of land cannot be sold to foreigners;
- the site was used for its intended purpose. This is monitored by control and supervisory authorities (departments of municipalities, Rosimushchestvo, etc.).
Before the agreed purchase of a leased land plot into ownership, the parties must comply with the rule of priority lease. It is established by the Civil Code of the Russian Federation - Art. 621 .
The tenant is allowed to go to court to recover damages that were caused due to an unreasonable refusal to renew the contract.
After the expiration of the deal, and with the silence of both parties, it is extended for an indefinite period. Changes to the document can only be made with the consent of the parties or by court decision.
Terms of service
There are several ways to formalize an agreement with the right to purchase plots of land after lease.
Land can be transferred:
- after the landlord accepts the tenant’s offer and agrees on all the terms of the transaction;
- when participating in public auctions initiated by the municipal administration;
- for free use, with the right of subsequent purchase (for young professionals finding employment in rural areas or large families planning to build their own house);
- through an auction initiated by citizens;
- according to a simplified scheme, without public bidding - for running a peasant farm, constructing an apartment building or a social facility.
To purchase a landscaped plot of land with an unfinished individual housing construction project from lease into ownership, it is necessary that such land be free from the rights of third parties and used for its intended purpose.
The procedure for purchasing municipal land is established by authorized bodies. You can register ownership of a plot of land if the purpose of using the land has been achieved - a house has been built, crops are regularly grown, a building has been reconstructed.
When signing a fixed-term lease agreement with the right to buy, the location of buildings and structures on the site is taken into account. Usually they are also leased, unless the contract provides for other conditions.
Rights and obligations
Russian civil law provides for freedom of contract, with the exception of cases of compulsion to conclude a transaction with previously assumed obligations.
The parties themselves have the right to determine their rights and obligations, in compliance with the provisions of Art. 22–24 Land Code of the Russian Federation and Ch. 34 Civil Code of the Russian Federation. But when purchasing a land plot, the following rights of the parties are taken into account.
The tenant has the right to:
- make advance payments for the land plot ahead of the agreed date;
- sublease or use the received plot for free;
- refuse the contract by notifying the lessor in advance;
- use the land for its intended purpose: engage in agriculture, carry out construction work and other legal activities.
The tenant's responsibilities include:
- use the land only for the intended purposes;
- buy the property, sign the transfer and acceptance certificate of the land plot;
- make rent and buyout payments on time.
Before the counterparties have purchased the leased plot of land, the rights and obligations of the lessor are also determined.
Among the rights are the ability to:
- monitor the correct use of the object;
- receive rent and buyout payments on time;
- demand compensation for damage to land;
- refuse to repurchase if there is a significant violation of the order of use of the site.
The intended purpose of the land plot is established based on land legislation and technical documentation. It cannot be changed arbitrarily.
The amount of rent and buyout payment is determined at the discretion of the parties. In payment of rent and (or) redemption, the lessor has the right to receive the lessee's products or other valuable property.
When can you buy land?
The period for purchasing the land plot into ownership is stipulated in the contract. Transfer of ownership takes place after completion of the lease and payment of the redemption price.
The parties may agree on gradual payment of the redemption price, including a portion of the lease payments.
It is possible to agree on a condition that upon early payment of the entire redemption price, the tenant is released from rental payments and acquires ownership of the land use object.
After termination of the lease, any period of time may be allotted for payment of the redemption price, depending on the agreement and interests of the parties.
The procedure for purchasing land from lease
It is provided for in a lease transaction or in a land lease agreement with the right to purchase residential premises and land use. The parties themselves have the right to determine the time, place, and procedure for transferring the redemption amount. The main condition is the validity of the agreement, which must be registered with Rosreestr.
The tenant and the lessor have the right to use the services of a notary, in whose presence the redemption value for the land plot and the objects located on it (a residential building, an enterprise, etc.) can be transferred.
The redemption procedure begins after the lease is completed:
- the tenant notifies the land owner of his readiness to transfer the money. This can be done in a pre-agreed manner - via email, registered mail, etc.;
- the place of transfer (transfer) of the amount is also determined by the parties;
- counterparties can establish a legal fact on the basis of which the transfer of ownership is carried out - construction, commissioning of a house or industrial structure, etc.;
- the purchase is completed by signing the acceptance certificate of the site and registering it with Rosreestr.
Moscow and region
In Moscow and the Moscow region, registration of private ownership of plots of land on which buildings are located is quite rare.
For such cases, there is a law dated May 14, 2003 No. 27 “On land use ... in Moscow”, which provides for the procedure for payment for land lease.
As in other parts of Russia, in Moscow most often the land on which the real estate is located is taken for use under concluded lease agreements.
For the Moscow region, the private purchase of leased land, with existing buildings there, is a common phenomenon.
Saint Petersburg
For St. Petersburg, the law of 2010 No. 59-19 regulates the price of purchasing leased land plots into ownership.
It describes various situations for acquiring land, but the point is that you need to pay (for our case) - 25% of the cadastral valuation amount.
Required package of documents
The documents required for the purchase of a land plot include:
- contract for paid use (the right of redemption may be determined by an additional agreement);
- cadastral and technical passport for the land;
- act of acceptance and transfer of the site;
- a document confirming payment of the redemption price;
- document confirming payment of the state fee when registering property rights.
The amount of the state duty is determined by Art. 333.33 Tax Code of the Russian Federation. It is 2 thousand rubles for an individual and 22 thousand rubles for a citizen (clause 22).
For registration of ownership of a land use object used for a vegetable garden, garden, personal subsidiary and dacha farming, individual housing construction, you must pay 350 rubles.
Reasons for refusal to repurchase
Refusal is possible if the terms of the lease are violated: the site is not used for its intended purpose, the tenant damages the land, or refuses to pay.
The transfer of ownership will not take place if the court declares the lease invalid at the request of an interested person - a co-owner of the land (shareholder), the legal representative of the owner - when the land use object is owned by a minor or an adult declared incompetent.
The redemption may be canceled if it turns out that the plot was transferred in violation of the rules for holding public auctions.
The tenant has the right to demand the transfer of ownership in court. Then he must prove the legality of the transaction and the full fulfillment of all its conditions.
Service cost
The purchase price of land in 2017 is calculated as a percentage of the cadastral value of the plot. The interest rate ranges from 1.5% to 15%.
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