Buying land. Registration of ownership of land
If you plan to become the owner of the land, this material is for you. The legislation in this area is rather complicated and has many subtleties, in connection with which transactions on registration of rights to land plots are more complicated than transactions with other real estate. In addition, a feature is close interaction with the state or municipality at all stages.
How to buy a land plot.
Rights to land plots arise on the grounds established by civil law, federal laws, and are subject to state registration.
Of course, the most common reason for ownership is a purchase.
Currently, land can be owned by citizens, legal entities (private property), as well as state and municipal property.
You can make a purchase both from a private person and from the state, in the latter case, the transaction will have certain features.
The contract of sale of a land plot is, first of all, a real estate transaction to which the following general provisions apply:
- the contract is concluded in writing by drafting one document signed by the parties; non-compliance with the requirements for the form entails its invalidity (article 550 of the Civil Code of the Russian Federation);
- the transfer of ownership to the buyer is subject to state registration (article 551 of the Civil Code of the Russian Federation);
- The data must be indicated, allowing to definitely establish the transferred object, otherwise, the contract is not considered concluded (Article 554 of the Civil Code of the Russian Federation);
- in the absence of a price condition agreed upon by the parties in writing, the contract is considered to be non-concluded. In this case, the rules for determining the price stipulated by paragraph 3 of Article 424 of the Civil Code of the Russian Federation do not apply.
Note. In cases where the price is not stipulated in the onerous agreement and cannot be determined on the basis of the terms of the agreement, the execution of the agreement must be paid at a price that, in comparable circumstances, is usually charged for similar goods, works or services.
Features of the sale of land established by the Land Code of the Russian Federation (Article 37) and are as follows:
First, the object of the transaction can only be sites that have passed state cadastral registration, which is carried out in accordance with the Federal Law "On the State Real Estate Cadastre" of 07.24.2007 N 221-FZ.
The body performing state cadastral registration is the Federal Service for State Registration, Cadastre and Cartography (Rosreestr), which empowers the cadastral registration authority with state budget institutions subordinate to it. In particular, such a decision was made in relation to the Federal State Institution “Land Cadastral Chamber”.
Cadastral records are assigned a unique cadastral number.
It is possible to obtain information on cadastral registration by requesting a cadastral statement about the object (a cadastral passport is a type of such statement), which must be provided within no more than 5 working days.
Secondly, the seller, upon concluding the contract, is obliged to provide the buyer with the information available to him about the encumbrances of the land and restrictions on its use.
Attention! encumbrances and restrictions may be contained not only in the Unified State Register, but also in the cadastral passport.
Thirdly, the following conditions are not valid and should not be included in the contract of sale of the site:
establishing the right of buyback for the seller at his own request;
restricting the further disposal and execution of transactions with land (including, mortgage, rent, etc.);
restricting the seller’s liability in case of presentation of rights to the sold object by third parties.
These requirements also apply to the exchange agreement.
Fourth, additional guarantees are established for buyers who are entitled to demand a reduction in the purchase price or termination of the purchase agreement and compensation for losses incurred in cases where the seller provides deliberately false information:
burdens and restrictions on the use of the site in accordance with the permitted use;
permission to build it;
on the use of neighboring land, which has a significant impact on the use and value of the property;
about the quality properties of the land, which may affect the intended use and price of the buyer;
other information that may affect the decision to purchase this site and the requirements for the provision of which are established by federal laws.
Features of the purchase of land from land owned by state or municipal property
First feature: sales method.
The Land Code (Article 39.3.) Stipulates that such a sale is carried out at tenders conducted in the form of auctions.
Exceptions are established for cases of sale of land:
1) to a person with whom an agreement has been concluded on the integrated development of the territory of plots formed from lands leased for the integrated development of the territory
2) formed from a site provided by a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction, to its members;
3) formed from a land plot provided by a non-profit organization created by citizens for gardening, horticulture, summer house farming to members of this non-profit organization;
4) formed as a result of the division of a land plot provided by a non-profit organization created by citizens for the integrated development of the territory for the purpose of individual housing construction and relating to common property, this non-profit organization;
5) formed as a result of the division of a land plot provided to a legal entity for conducting a summer residence and relating to common property specified by a legal entity;
6) on which the buildings, structures are located, to the owners of such buildings, structures or premises in them in cases provided for in Article 39.20 of the Land Code;
7) are in constant (perpetual) use of legal entities specified by legal entities;
8) a peasant (farmer) farm or agricultural organization in cases established by the Federal Law "On the Turnover of Agricultural Land";
9) intended for agricultural production and leased to a citizen or legal entity, this citizen or this legal entity after three years from the date of conclusion of the lease or transfer of rights and obligations under it, subject to proper use and if the tenant has submitted an application for conclusion of the contract purchase and sale of such a land plot without bidding before the expiration of the specified lease;
10) to citizens for individual housing construction, personal subsidiary farming within the boundaries of a settlement, horticulture, summer cottage economy, to citizens or peasant (farm) households for the implementation by the peasant (farm) farm of its activities.
The second feature. Property Pricing
When conducting an auction, the sale price of a land plot is determined by its results or in the amount of the initial price of the subject of the auction (for example, if there was a single application for participation).
If bidding has not been conducted, then the price is determined in the manner prescribed by:
1) the Government of the Russian Federation, in relation to land plots that are in federal ownership;
2) by a state authority by a constituent entity of the Russian Federation, in relation to land plots owned by a constituent entity of the Russian Federation, and land plots for which state ownership is not delimited;
3) by the local government, in relation to land plots that are in municipal ownership.
In this case, the price may not exceed the cadastral value of the plot or another size, if it is established by the law of the Russian Federation.
The third feature. Turnover
In private ownership are not provided and cannot be objects of any land transactions withdrawn from circulation. For lands limited in circulation, this is possible only in exceptional cases, which are established by federal laws.
Other grounds for acquiring a state or municipal land plot
Base 1.
A citizen is granted the right to become an owner in a simplified manner if the land was granted to him (subject to the aggregate conditions):
1. until 10.30.2001 (this is the date of entry into force of the Land Code of the Russian Federation)
2. for the purpose of: conducting personal subsidiary, suburban farming, gardening, gardening, individual garage or individual housing construction
3. on the rights of: property, inherited lifetime possession or permanent (unlimited) use, or from documents it is impossible to understand the type of such a right.
4. There is no legislatively established ban on registration in private property
In order to become an owner, in this case, it is necessary to submit to justice an act on the provision of the plot or an act (certificate) of the right, or an extract from the household book. A similar rule applies to the heir or other person to whom the rights to the building located on such a plot have passed. For simplified registration of the right of ownership, it is necessary to provide one of the listed documents, as well as a certificate of inheritance or ownership of the building.
Base 2.
Providing a citizen or legal entity with land plots that are in state or municipal ownership is free of charge.
This occurs in cases of the provision of land:
1) which is formed within the boundaries of the built-up territory in respect of which an agreement on its development is concluded, to the person with whom this agreement is concluded;
2) a religious organization owning buildings or structures of a religious or charitable purpose located on it;
3) formed as a result of the division of a land plot provided by a non-profit organization created by citizens for gardening, gardening and related to common property, this non-profit organization or in the common property of its members;
4) to the citizen after five years from the date of granting him a land plot for free use in cases and subject to the conditions specified in the LC
5) citizens with three or more children, in the case and in the manner established by the state authorities of the constituent entities of the Russian Federation.
6) a land plot provided to a religious organization with the right of permanent (unlimited) use and intended for agricultural production of this organization.
7) in other cases established by law.
Note. Free provision of land to citizens is carried out once. If there are several reasons for obtaining a site, then you can use only one of them.
Ground 3. For owners of buildings and structures
Such persons have the exclusive right to acquire land at the location of the buildings and structures belonging to them in the ownership (or lease).
State registration of ownership of land
In a generalized form, the list of documents for state registration in Rosreestr looks like this:
1. statement (prepared by the specialist Rosreestra)
2. receipt or other document on payment of state duty
3. passport of the applicant or his representative
4. documents confirming the authority of the applicant's representative (notarized power of attorney, document on the appointment of the head of the legal entity)
5. constituent documents of a legal entity
6. grounds documents (contract, act of state / municipal body)
7. cadastral passport to the land plot (in the event that such a document has not been provided previously, or if any characteristics have changed)
8. documents confirming approval of a major transaction or a related party transaction, consent of spouses, permission of third parties (if applicable)
9. other documents required by law.
What you should pay attention to when buying a land plot
1. Land category
It determines the purpose of the site and the legal regime for its use.
Changing the category of the acquired site is a complex, expensive, and often impossible event.
2. For the type of permitted use.
For each category of land, a certain set of types of permitted use is established in accordance with the zoning of territories.
Any type of permitted use from the types provided for by zoning of territories is selected independently, without additional permits and approval procedures.
3. Are the boundaries of the land plot defined on the ground
Information about this is contained in the cadastre (cadastral statement, cadastral passport). The boundaries of the plot are not defined - which means that there is no information on the coordinates of the land in the State Real Estate Cadastre, and therefore reliably installing them on the ground can be difficult. In particular, if the copyright holders of adjacent plots have their own, different from yours, reasoned (and possibly confirmed by the results of cadastral work) ideas about the location of their plots.
In this case, there is the prospect of becoming a party to an expensive protracted litigation (s) with a not entirely obvious result.
4. For restrictions and burdens
In relation to the plot, a private or public easement (limited use right) may be established. A public easement is established to ensure the interests of the state, local government or local population, without the seizure of land for:
1) passage or passage through the land
2) its use for the repair of communal, engineering, electrical and other lines and networks, as well as transport infrastructure;
3) placement on it of boundary and geodetic signs and entrances to them;
4) drainage work;
5) withdrawal (withdrawal) of water resources from water bodies and watering;
6) the driving of farm animals through the land;
7) haymaking, grazing of farm animals in the prescribed manner on land plots in terms, the duration of which corresponds to local conditions and customs;
8) use of the land for hunting, fishing, aquaculture (fish farming);
9) temporary use of the land in order to conduct research, research and other works.
In addition, land rights may be limited - indefinitely or for a specified period by establishing:
1) special conditions of use and the regime of economic activity in security, sanitary and protective zones;
2) special conditions for the protection of the environment, including the animal and plant world, natural monuments, history and culture, archaeological sites, preservation of the fertile layer of soil, natural habitat, ways of migration of wild animals;
3) the conditions for the commencement and completion of the development or development of a land plot within the established time periods according to the design, construction, repair or maintenance of the road (road section) agreed upon in the established procedure when granting rights to a state or municipal land plot;
4) other restrictions.
However, the list of points to which attention should be paid is far from exhaustive. Ideally, each transaction should be conducted with the participation of lawyers with relevant experience and qualifications. In this case, the purchase, registration of rights to the land will be held with minimal time and material costs.
November 9, 2015
Galina Korotkevich
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