We draw up the addition of a land plot: procedure, terms, cost of the service
Content
Some land owners arbitrarily annex adjacent territories to their plots. This phenomenon in legal and judicial practice is called “cutting off a small part of the land of an adjacent plot.” Since the number of unauthorized plots has increased significantly in recent years, the government has adopted laws to regulate the cutting processes.
If you are interested in how to register an addition to a plot of land, but you are concerned about all the nuances and features of the procedure, then you should contact a professional lawyer or notary. You can get a consultation on our website. It is enough just to talk about the current situation and correctly formulate the question - tell a lawyer about your problem .
What is an addition to a land plot?
To regulate the trimming process, the Russian Government made some amendments to the basic law, which came into force on March 1, 2015. After this, the Land Code of the Russian Federation contains Chapter V.4, which regulates the increase in the area of a land plot through an addition, called “redistribution of territories.”
Thus, at present it is possible to legalize the addition of a land plot occupied by a citizen without permission. In recent years, the addition of an adjacent land plot to the main one can be carried out on completely legal grounds.
Starting from the date indicated above, citizens who are owners of plots for gardening, horticulture, individual construction, and agricultural activities can apply to the Authorized Body (hereinafter referred to as the MA) in order to carry out an operation to redistribute land.
Registration of the addition of additional area of land is carried out in accordance with the regulations of the government of the Russian Federation - Chapter V.4, Article 39.29 of the Land Code.
The procedure for registering an extension to a site
Registration of additions to the main lease is carried out if there is an agreement between the applicant and the management authority represented by the municipal government body competent to manage municipal/state lands.
The procedure for approximation stipulates that the applicant must provide copies of title documents for the plot, a land surveying project, and an application for approximation of a land plot ( download sample ).
If, before cutting the land plot, the owner of the plot does not have a land surveying plan, then he will have to make this document at his own expense.
The layout of the land plot is drawn up exclusively by the cadastral engineer, who takes into account the information obtained during geodetic survey when working. Applicants for the cut-off are also taken into account. The service is paid. On average, you will have to pay 5,000 rubles for it.
Submission of documents and applications is carried out electronically or in paper form. The application must be considered within ten days after submission. At the same time, all collected documents are carefully studied by UO specialists for errors. If there are violations of the requirements, in such cases the authority can return them to the applicant.
To find out how to quickly acquire vacant municipal and state lands, as well as to prepare samples of all documents, contact our specialists for help - ask your question .
Legalization of cutting opens up new opportunities for the landowner. After receiving a cadastral passport with the boundaries of a plot of land, he must submit this document to the administrative authority, which signs the draft agreement regarding the redistribution of land plots.
After this, the paper is sent for signing to the person who acted as the applicant. It is important that the citizen signs it within thirty days of receipt.
The purchased plot in SNT is paid for within a month from the moment the contract is signed. The law on the addition of debt does not provide for deferment or installment payment.
The person whose application was granted must ensure that cadastral work is carried out for state registration of land plots that appeared after the addition. To do this, an application is submitted to the cadastral authority.
It is important to have a cadastral passport. After signing the agreement, ownership of the expanded plot is registered. The procedure is the same as when purchasing a plot of land.
List of documents attached to the application
After the application for cutting has been drawn up, you need to take care of collecting the necessary package of documents for cutting. It includes:
- power of attorney, when the interests of the applicant are represented by a trusted citizen;
- a copy of documents for land (certifying title, establishing title) belonging to the applicant. It is necessary to provide if the right of ownership of the plot is not registered in the State Register of Rights to Real Estate;
- if the applicant is a person with foreign citizenship, then a translation of the documents into Russian is provided. Each copy is certified by a notary.
Application processing time
An application regarding the redistribution of land plots is considered within thirty days (171 Federal Law).
The administration must perform the following actions:
- consider the application, make a positive decision regarding approval of the site layout;
- send the applicant a decision on approval of the scheme with an appendix;
- submit your own consent to the redistribution of land plots taking into account the territory surveying project.
Registration cost
The cost of an addition to a land plot is determined exclusively by the owner of the land - in this case, a subject of the federation, the state, or a municipal entity. To the question “how much does cutting cost?” It is difficult to answer unequivocally, since much depends on the ownership of the plot.
To calculate the final price of any “cut” plot, you should take into account the following factors: cadastral value, area of the plot, the amount of payment for the procedure, set as a percentage of its price.
You can find out the cadastral price from the Public Cadastral Map available on the Rosreestr web resource. To obtain information you need to know the address and the plot number. It is also possible to send an electronic request to Rosreestr. A response from the department should be expected within five days after submitting the application.
Agricultural land can have one value. Moreover, if the site is in reserve with the state, it is impossible to buy out the cutting from the neighboring territory, which will be discussed below.
Why can they refuse?
The Land Code contains a number of reasons on the basis of which land redistribution may be refused. For example, according to the new legislation, a citizen does not have the opportunity to carry out cutting if the plots:
- reserved for municipal/state needs;
- limited in circulation;
- allocated for a house project or any other capital construction;
- put up for auction.
When the distribution affects the rights of existing land users and owners of neighboring plots, mortgagees, and tenants of plots, then the subsequent use of the land by the person who wants to legalize the cutting is questionable, since it is possible only with the consent of the applicants.
In such cases, we recommend seeking advice from legal professionals to clarify the situation and develop a strategy for achieving a result in the case.
A lawyer for land issues is familiar with the judicial practice of cutting off land plots first-hand, and therefore will provide qualified assistance to all citizens who need it.
For example, the plot may be under mortgage. How to make a cut in such a situation? It is worth obtaining special permission from a banking organization.
The formalized “cut” brings benefits not only to citizens, but also to the state, since the treasury will be provided with an additional influx of money received as payment for land plots.
The volume of private land taxed and fully participating in civil circulation will also increase significantly. According to experts, the launch of such a mechanism will lead to the updating of real estate cadastral data.
In Western countries there is no such experience, since all land plots have long been privately owned. In the United States, public land is sold to citizens only when the government cannot use it effectively and profitably. The sale of the site will entail the development of the territory, as well as contribute to the achievement of other goals beneficial to the community.
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