While owning a home is an accomplishment in and of itself, registering land ownership is a crucial step that is occasionally missed. Obtaining legal ownership of the land your house is built on can give you peace of mind and safeguard your investment if you already own your home. Navigating legal requirements and making sure all paperwork is in order are part of this process.
Gathering the necessary paperwork to demonstrate your ownership of the home is the first step. This usually consists of your property’s deed, any purchase contracts, and any identity papers. Having these documents ready can facilitate and expedite the registration process.
Next, go to the land registry office in your community or the equivalent government office in charge of land titles. This is where you will complete the application forms required to officially register your land ownership. The registry office staff can help you with the paperwork and inform you if any further documents are needed.
Verifying whether there are any costs involved in registering your land is also a smart idea. Depending on your location and the property’s value, these costs may change. It’s best to plan ahead and budget for these expenses to avoid any unpleasant surprises when registering.
Lastly, it might take some time for the registration to be processed after your application is submitted. If you haven’t heard back from the land registry office in the anticipated amount of time, make sure to follow up with them. You will have full legal recognition of your property once your land ownership is formally registered, guaranteeing that the land your house is built on and the land itself are firmly yours.
Step | Details |
1. Gather Documents | Collect all necessary documents, such as your house ownership papers, personal identification, and any existing land surveys. |
2. Contact Local Authorities | Reach out to your local land registration office to understand the specific requirements and processes in your area. |
3. Complete Application | Fill out the application form provided by the land registration office, ensuring all information is accurate and complete. |
4. Submit Documents | Submit your completed application form along with all required documents to the land registration office. |
5. Pay Fees | Pay any applicable registration fees as instructed by the local authorities. |
6. Wait for Approval | Wait for the registration office to process your application, which may take several weeks. |
7. Receive Confirmation | Once approved, you will receive official documentation confirming your land ownership registration. |
- When can a plot be obtained for free and vice versa??
- Required package of documents
- The procedure for registering rights to a land plot
- From rent
- At the administration
- From the owner
- By will
- Issue price
- Possible difficulties
- The house burned down
- Prohibition on land registration
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When can a plot be obtained for free and vice versa??
If the land meets the development standards and there are no arrests or restrictions on the building, you can register a plot for your own home.
If the following requirements are satisfied, registration is free:
- It is possible to register ownership if it arose before November 2001;
- if the house was inherited at any time, but the heir"s right arose before November 2001;
- Owners who, before November 2001, received a plot on the basis of perpetual use rights or lifelong inheritable ownership, confirmed by documents, can also register a plot free of charge.
You don’t have to pay a fee or ask the administration for further permission in any of the aforementioned situations.
Citizens who received the right to a house after October 25, 2001, will be able to purchase the plot. Subsequently, a purchase and sale agreement reached with the administration will be used to transfer the land.
Required package of documents
As per the provisions of Article 39.15 of the Land Code of the Russian Federation, the entity responsible for coordinating these matters in a specific area must first grant permission for the provision of a site.
The home’s owner or a few owners must submit an application to accomplish this.
You should cite Land Code of the Russian Federation, paragraph 6, page 2, section 39.3, in your appeal, as it grants priority rights to the owners of a house situated on the requested site.
The next set of documents that the property owner needs to gather are original and duplicate copies of the following:
- passports of the owners of the house, if among them there are minor children under 14 years of age, a birth certificate is needed;
- title and title documents for the house, for example, an extract from the Unified State Register of Real Estate;
- a list of existing buildings on the site – residential and commercial, including unregistered ones;
- land layout diagram, cadastral plan. St. eleven.10 of the RF Land Code gives the right to independently draw up a diagram, if you have the appropriate knowledge;
- if a representative is involved in the registration, you need a power of attorney certified by a notary.
The procedure for registering rights to a land plot
Everybody The following variables affect the process of obtaining rights:
- what is the status of the land;
- who is its owner;
- is it for rent.
From rent
Land and the house on it are indivisible, as stated in the Land Code of the Russian Federation, paragraph 5, p. 1, st. 1.
In this instance, the owner of the constructed property is required to pay a tax fee if the property is owned, or a fee for the land if ownership is based on a lease.
When real estate is bought on leased land, the lease is transferred to the new owner.
A contract that is signed with the site owner—typically the state—transfers rights to the new owner.
Crucial! To avoid future disputes, the purchase and sale agreement of the property should specify that the rental documents are transferred to the new owner.
Furthermore, you ought to get in touch with the administration right away in order to re-register the lease. To do this, a request to amend the lease’s terms is made to the appropriate authority. In this instance, you should get in touch with the current landlord, as they might have changed in the intervening period.
At the administration
As per the regulations on page 7, specifically Article 39.15 LC RF, the administration has 20 days to provide a positive or negative response to the agreement.
The applicant will receive permission on disk or paper if the administration renders a favorable decision. You should then request that the site be surveyed for land. The task can only be completed by a cadastral engineer. To precisely determine the site’s boundaries and configuration, a procedure is required.
Following the specialist’s work, the applicant will get a cadastral plan and a neighbor coordination act for the boundary.
Accreditation! Every task is completed by an engineer with authorization from management.
The owner of the house must then re-register the site, which requires you to get in touch with the administration once more.
After obtaining approval, you ought to register the rights on Rosreestr. Typically, this takes seven working days, but occasionally it takes nine. An extract about the new owner from the Unified State Register of Real Estate will be sent to the applicant after the designated period has passed.
From the owner
The buyer also acquires the right to land when they buy a house under a sales contract. The seller must give the cadastral passport to the new owner and advise him of any encumbrances before re-registering the plot.
Take note! The buyer and seller sign a property agreement in Rosreestr, which is then registered, for the highest level of security.
The relevant package of documents is filed along with the state fee in order to register the rights to a plot.
Following registration, certified copies of the property agreement are given to both the new owner and the parties to the transaction as evidence of the rights that have emerged.
Transferring a plot to a relative in accordance with a gift agreement is done without charge. In order to complete it, title documents, a cadastral passport for the land, and documentation for each building constructed on it must be submitted to the registration authorities.
Documents proving land ownership will be sent to the new owner following the gift agreement’s registration.
By will
When a loved one passes away, having a will makes the process of inheriting property much easier. The most important thing is to notify a notary of your rights and not wait six months after that fateful day.
In the event that there are no disagreements after the designated time, the notary will initiate an inheritance case and issue an inheritance certificate.
This is how the entire procedure appears:
- you need to collect the necessary documents;
- order cadastral work from an engineer, including land valuation;
- receive the act and attach it to the set of documents;
- pay the state fee and submit the documentation to the notary;
- after receiving the application, the notary will open the inheritance case and issue a certificate;
- contact Rosreestr to register rights;
- get an extract from the Unified State Register of Real Estate.
The assessment report will be used to determine the state duty. The cost of the house constructed on the property is also included in the valuation.
In order to safeguard your legal rights, there are a few crucial steps you must take when registering land ownership after you already own the home. First, compile all required paperwork, such as ownership records for the house and any current land records. Next, submit an application for land registration online or by visiting your local land registry office. Usually, this entails completing paperwork, presenting identification, and paying a registration fee. Following submission, the application will be examined, and if everything checks out, you will be issued an official title to the land. In addition to protecting your property rights, this procedure helps avert disagreements or other issues down the road.
Issue price
The most costly aspect of this case is the cadastral work, which starts at 7,000 rubles. The cost to demarcate defined borders from adjacent regions ranges from 10,000 to 15,000 rubles. A geodetic organization’s official conclusion comes with a price tag of 2,000 rubles.
Individuals must pay the state 2,000 rubles to register their rights, or 350 rubles if the land is designated as agricultural. In the event that Rosreestr extracts are required, the cost will be 250 rubles.
You have to pay a state fee, which is determined by the value of the assets and the degree of relationship, in order to re-register an inheritance under a will. Therefore, it will be 0.3% of the property valuation for close relatives and 0.6% for everyone else, including businesses.
The average market value of one hundred square meters of land in a particular region will be used as a base when buying land from the administration.
Possible difficulties
In actuality The following queries may make the process of registering land beneath a house more difficult:
- Finding land in shared ownership of SNT. To obtain the right to register, you need a positive decision of the general meeting of owners.
- The house is not finished. There are no grounds for land registration before the facility is put into operation.
The house burned down
In this instance, there are numerous ways to resolve the issue:
- construction of a new facility;
- obtaining rights to register land without reference to a residential property;
- there is a link to the remains of the house if, according to the state of assessment by BTI specialists, more than 70% of it remains.
Prohibition on land registration
The following situations, as per the norms, constitute its existence:
- the object is located in a protected area or on a cultural heritage site;
- the site is included in the state reserve or there is a ban on transfer of ownership to individuals;
- there are other restrictions in accordance with the Land Code of the Russian Federation, the Civil Code of the Russian Federation.
Crucial! It is illegal to refuse to register a plot of land that the applicant owns because title documents are missing.
When you already own the house, securing land ownership can appear like a difficult undertaking, but with the correct knowledge, it becomes doable. You can easily navigate this process by being aware of the required steps and assembling the necessary paperwork. Recall that this process is essential to protecting your property rights and guaranteeing legal clarity.
Getting a land survey, which accurately delineates your property boundaries, is the first step. An authorized professional’s survey is a crucial record for registering land ownership. After obtaining the survey, you must gather additional necessary paperwork, including identity documentation, the house deed, and any applicable permits.
Submitting these documents to the appropriate authority or your local land registry office is the next step. Generally, you can submit this in person or online, depending on your jurisdiction. There might be a waiting period after submission while your files are examined. Remain calm and ready to supply any more details that may be needed.
You will be issued a formal certificate of land ownership upon approval. This is the last piece that formally connects the land to your home and gives you complete ownership rights. This certificate is an essential document for any upcoming real estate transactions or legal issues, so keep it in a secure location.
You can properly register your land ownership and make sure your property is acknowledged by carefully following these steps. By taking the necessary time to finish this process correctly, you can safeguard your investment and have future peace of mind.