Important rules and step-by-step instructions on how to privatize land under a private house

Securing your property rights requires you to privatize the land beneath your private residence. This procedure gives you legal protection and peace of mind by guaranteeing that the land you live on is officially acknowledged as yours. While it might seem overwhelming, the process can be made simple and manageable by knowing the fundamental guidelines and adhering to a clear set of instructions.

The first thing to be aware of is that privatization necessitates particular documentation and multiple legal steps. It is imperative that you collect all required documentation, including documents proving ownership and identity. It’s also critical to be informed of any local laws or ordinances that might have an impact on your application.

You will then send your application to the relevant government office. Usually, this step entails completing paperwork and paying any applicable fees. Your application will be examined after it is submitted, and it might be necessary to inspect the property to confirm the information you submitted.

Following the review procedure, you will be notified of the outcome of your application. Official documents verifying your land ownership will be provided to you if your application is accepted. This last action formally establishes your ownership and grants you complete control over your asset.

Through adherence to these guidelines and comprehension of the crucial regulations, one can adeptly maneuver through the privatization procedure. Making sure your land is privatized will safeguard your investment and provide you with the peace of mind you need to enjoy your house worry-free.

Important Rules Step-by-Step Instructions
Verify Eligibility Ensure you meet all legal requirements to privatize the land, such as owning the house on it.
Check Land Status Confirm the land is not already privatized and is eligible for privatization.
Gather Documents Collect necessary documents like proof of ownership, personal identification, and land registration.
Submit Application Prepare and submit an application for privatization to the local authorities.
Pay Fees Pay any required fees associated with the privatization process.
Wait for Approval Wait for the authorities to review and approve your application.
Register Land Once approved, register the privatized land in the national land registry.
Get Certificate Receive the official certificate of land ownership.

Basic concepts and legislative framework

Federal Law No. 178-FZ of December 21, 2001, "On the Privatization of State and Municipal Property," currently governs the privatization process.

Law No. 178-FZ defines privatization as the paid transfer of public and municipal property into the possession of private persons and businesses.

In actuality, the following scenario occurs: a person occupies and owns a piece of land that is owned by the state or local government. A document, such as a contract for perpetual use, lifetime possession, or an order allocating land in a person’s favor, serves as the basis for both possession and use.

However, the plot’s owner is unable to dispose of it without ownership rights:

  • pass on by inheritance;
  • give;
  • sell;
  • exchange;
  • pawn, etc.

It is vital to register plot ownership, or privatize, in order to acquire all of these rights. Even though the legislative definition uses the word "paid," it is still possible to become the owner of land for free or at a minimal cost.

The paid procedure primarily relates to commercial properties that are meant to be used for business purposes. Additionally, municipalities typically transfer non-commercial lands without charging a fee, subject to all privatization regulations.

Which countries are covered by this?

  1. Intended for individual housing construction.
  2. Gardening, gardening, for personal farming.
  3. Garage construction, etc.

The "dacha amnesty"—a streamlined process that allows people to register land for free—has been in place since 2006. In compliance with Federal Law No. 93-FZ of June 30, 2006, this procedure is in place.

Not every kind of land that is subject to privatization can be developed into a fully functional residential structure. On some, building dachas is permitted, while on others, only mobile items (garage, carriage, etc.) are allowed.

Lands that are not meant for private individuals to own, use, or dispose of cannot be privatized. These areas are either restricted or removed from circulation:

  • forest and water resources, reserves;
  • defense, strategic purposes;
  • exclusion zones;
  • used for communications, transport, etc.d.

For instance, the municipality is not allowed to give a plot of land beside the railroad to a private party for gardening, vegetable gardening, or, most importantly, the construction of a house.

The city planning authorities have the authority to declare the action unlawful and recognize all buildings and objects on the land plot as illegal, with further unpleasant consequences, if such a situation arises and even privatization is carried out.

Subjects of privatization and types of rights

Legislation currently in effect places no limitations on anyone looking to privatize land or other real estate. To register a plot and any items on it into private ownership, any citizen can get in touch with the authorities.

Any land allotment documents issued by an administrative agency that specializes in allocating land from the municipality’s or state’s fund serve as the foundation for the application.

Following the process, ownership rights may be:

  1. Sole proprietorship – owned 100% by one person.
  2. Joint – belong to a circle of persons on general rights without allocating specific shares.
  3. Shared – each co-owner has a share in a numerical value or in kind, for example, in sq.m.

Free procedure: for whom and why?

Free alienation of land to the private sector is done by the state and municipalities with regard to plots that citizens have purchased under Federal Law No. 137-FZ of October 25, 2001, which established the Russian Land Code.

Plot owners of land acquired prior to 2001 for:

  • individual housing construction;
  • personal subsidiary plot.

Any shortcomings in:

  • dacha farming;
  • gardening;
  • gardening.

Plots held by citizens under a lifetime ownership or permanent use right that contain residential real estate with registered ownership are also a part of the process;

The conditions for free privatization were repeatedly extended, and the most recent iteration of Law No. 178-FZ made the freely given land transfers from municipalities and government organizations to private individuals perpetual.

Simultaneously, until March 1, 2021, the streamlined document processing process, or "dacha amnesty," is applicable to plots.

General procedure

The following is the essence of the action algorithm:

  1. Collection and preparation of documentation.
  2. Submitting a package of documents with an application to the relevant authority.
  3. Waiting for the result. It is possible to supplement the package with new documents, if required.
  4. Receiving a response – positive or negative.
  5. If the answer is negative, you can, if you wish, appeal it in court and file appeals all the way to the Supreme Court of Russia.

Preparation of documentation

Essential land privatization documents:

  1. Passport. Originals and copies from all co-owners.
  2. Statement. At the MFC it is compiled by a specialist. In the municipal administration it is filled out in a template, in any form.
  3. Title documents. Agreement of inheritable ownership, perpetual use, lease, order to allocate a plot, etc. d. – all documents confirming ownership and use rights.
  4. Technical plan. Prepared by a cadastral engineer based on a boundary plan. Therefore, you first need to carry out land surveying, and then order a technical plan. You need to choose a cadastral engineer from organizations involved in geodesy, etc. according to the legislation of the Russian Federation.
  5. Extract from the Unified State Register of Real Estate. Replaced the cadastral passport. Since 2015, cadastral passports are no longer issued; instead, a general extract from the Unified State Register of Real Estate is issued. You can order at the MFC, online through the Rosreestr website. If the plot is not registered in the cadastral register, the registration will be carried out simultaneously with the registration of ownership.
  • Download the application form for privatization of a land plot
  • Download a sample application for privatization of a land plot

A passport, title documents, and an application are all that are needed to apply for the "dacha amnesty." In the interdepartmental information exchange, Rosreestr will independently request the remaining data from the databases that are currently in place.

The list of documents will be longer if the process is handled by the administration, and every municipality is free to propose its own terms and conditions—such as the length of land ownership—for the transfer of its assets into private hands. Of course, documentation of compliance with the requirements will be required. You can request the majority of the certificates and archival data from the MFC.

When submitting documentation for the long-awaited privatization, family members and plot owners of nearby properties are frequently needed to be present under the administrative method of privatization.

Where to contact?

Three methods exist for privatizing land:

  1. Simplified – produced by Rosreestr. It is enough to submit land allotment documents (if available, all other documents for land) to the MFC, fill out an application, pay the state fee for registration of rights. To use the simplified procedure, it is not necessary to delimit the land in advance. All technical operations can be performed after making an entry in the Unified State Register and receiving an extract on the transfer of ownership.
  2. Traditional – for those who cannot take advantage of the “dacha amnesty” – through the administration of the municipality. More labor-intensive and time-consuming process. It is necessary to carry out a geodetic survey, survey, obtain a technical plan, obtain consent from neighbors to establish boundaries, sometimes from family members, for example, a spouse, and also take into account the interests of children. As a result, a privatization agreement is concluded with the municipality. The contract is a title document for subsequent registration of the transfer of rights through Rosreestr.
  3. Judicial – if it is impossible to achieve results using previous methods. Judicial practice on issues of land privatization in Russia is rich, but fragmented and not generalized. Often, courts of different regions make their own decisions, different from the judicial practice of other territories. To win, you need high-quality preparation, preferably the inclusion in the process of a lawyer specializing specifically in land legal relations.

Surveying

While obtaining a boundary plan prior to the commencement of the privatization process is not mandatory when applying to the MFC, it is an option. This plan shows the site’s perimeter, area, and approximate identification information.

The boundary plan needs to be ready in advance if you plan to sign a privatization deal with the administration directly. Where and how to place an order:

  1. You must contact a licensed geodetic company with certified cadastral specialists. Free – through municipal specialists.
  2. All available documents for the site are submitted to the company. An agreement is drawn up.
  3. Engineers go to the allotment territory and carry out topographic surveys, measurements, obtain the consent of neighbors, etc. Based on the results, a land surveying project, consent of neighbors, topographic survey results, designations of coordinates and boundaries are drawn up. The final plan is being prepared.
  4. The boundary plan in the form of a drawing with textual explanations is issued to the owner of the plot. The finished document is submitted to the MFC for registering the site with cadastral registration and assigning a cadastral number, which will subsequently be the main characteristic of the land.

An object is evaluated and given a cadastral value when it is registered on the cadastre. If a citizen believes that the land’s established cadastral value is excessively high, he has the right to contest it.

In compliance with Federal Law No. 218-FZ of 2005, a special commission under Rosreestr is called upon to challenge the cadastral value.

When will there be an answer??

Should the candidate have applied to the MFC, you will have to wait until the date the registrar announces during the admission window to find out the outcome. The process of getting in touch with the municipality could take up to 30 days.

The court process is contingent upon the case’s expediency, the existence of challenges, and other factors. An appeal of the denial may be made to a general jurisdiction court.

Getting the result

An extract from the state registration of the transfer of ownership will be obtained by contacting the MFC. The certificates that were previously issued globally are replaced by it.

It has significance and is simple to locate if misplaced. Ownership extracts are only given to the applicant.

A privatization agreement between a person and the municipality is a benefit of getting in touch with the administration. This agreement, along with the transfer of rights, must be brought to the MFC and registered.

Timing and cost

Land privatization typically takes four to five months. It is imperative that individuals who wish to benefit from the "dacha amnesty" consider these deadlines.

Land privatization incurs costs for the following even though property is freely transferred to the private sector:

  • payment of state fees for registration actions – established by the Tax Code of the Russian Federation; for a land plot the fee is 350 rubles., for an object on it – 2,000 rubles.;
  • surveyor services for surveying – tariffs of different organizations differ, but not less than 10,000 rubles.;
  • ordering duplicates of various documents, etc.;
  • payment of the claim and legal costs – if the applicant goes to court.

What to do if a residential property is privatized, but the land plot is not?

In order for the applicant to acquire ownership of a plot of land that already has a residential property registered with Rosreestr, the following requirements must be met:

  • collect documents for the house, similar to those prepared for the land;
  • submit the entire set to the authorities – MFC, administration;
  • expect results.

As a result, the process for registering vacant land is essentially the same. Establishing the boundaries of a residential property on a given site typically involves using the minimum required for unhindered use and the data from the land allotment document as guidelines.

Is it possible to register a leased land plot??

Plots that are leased are privatized using the same methodology as previously mentioned.

Failures

The authorities possess the authority to respond negatively to an applicant’s application. Reluctance to privatize needs to have a purpose. Interfering with a land plot’s privatization without providing an explanation for the decision is prohibited.

What possible causes could there be?

  • errors and contradictions in documents;
  • discovery that the site does not belong to the type of permitted use indicated in the documents;
  • no right to privatization;
  • other conditions of the municipality are not met, etc.

If the response is unfavorable, a formal appeal should be filed. To safeguard your interests, it is best to work with a knowledgeable attorney who specializes in land plot privatization.

Video on the topic of the article

You will learn about the privatization of land plots from this video:

A crucial first step in protecting your property rights is to take the time to privatize the area beneath your private residence. You can make sure that the property your house is built on is legally acknowledged as your own by adhering to the guidelines and procedures provided. This improves your property’s security and worth while also giving you peace of mind.

Compiling all required paperwork and closely adhering to the legal process are imperative. Getting involved with professionals and local authorities can help expedite the process and make it less intimidating and more doable. Due diligence and patience are essential because bureaucratic procedures can occasionally be laborious and drawn out.

Recall that selling your land for a profit is an investment in your future. It safeguards your house while granting you the flexibility to use and expand it as you see fit. You’re preserving your family’s house for future generations by making this crucial move.

In conclusion, even though it might seem complicated, having your land officially registered has far more advantages than disadvantages. Maintaining organization, getting expert counsel when necessary, and carefully following the law will help you successfully privatize your land and safeguard the foundation of your house.

In order to guarantee complete legal ownership and prevent future disputes, land beneath a private residence must be privatized. Even though there are multiple steps in this process, with the correct guidance, it can be simple. We’ll go over the important guidelines in this post, along with a concise, step-by-step guide, to help you get the most out of the privatization process and regain legal ownership of your property.

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