The land under the apartment building in the property. How to register the land in the property under the house

What land can be acquired? How is the registration of a land plot under a private house in the property? Where can I get help in the design of the land under the garage?

Good afternoon, dear readers of the HeatherBeaver business magazine! Welcome to Valery Chemakin - legal consultant.

You have decided to purchase a land plot, but have no idea how the land is registered as a property? No panic! It is enough to read this material, and you will settle all the formalities yourself.

If the administrative procedures are too tedious for you, then in this case the article will be useful, as it provides an overview of several companies that provide land registration services.

1. What lands can be registered as a property?

In Russia, as in most other countries, there is private ownership of land. However, not all land plots belong to citizens or organizations.

To understand this issue, you need to study the terminology.

Land plot It is an area of ​​the earth's surface that is bounded by clear boundaries. Depending on the purpose, it has a category that can be changed following a certain procedure. The use of the land for other purposes is prohibited.

Each plot has a cadastral number and is subject to registration in the Unified State Register of Real Estate (EGRN).

• land settlements(residential and non-residential buildings are built on them, private subsidiary plots are bred);
• agricultural land (intended for agricultural land only);
• for gardening and horticulture (garden plots, it is allowed to build cottages and houses, registration at the place of residence is possible, but the premises are not classified as residential and do not require);
• land for industrial use (intended only for the placement of industrial facilities);
• military purposes (owned by the armed forces, sold only in a special order);
• specially protected objects, lands of the water and forest fund (owned by the state or municipalities);

At the same time, there are plots of land that are generally withdrawn from circulation: parks, cemeteries, reserves, sites under strategic objects. No one has the right to register such land in ownership.

2. When it is possible to register the land as a property - 4 main conditions

The situation with land plots is only now beginning to improve. The fact is that until recently, most of the land was not formalized at all. In particular, summer cottages - people simply sold them to each other and did not care about the formalities.

Today, the procedure (read about the essence of the term in our special article) has become much simpler, therefore, after the transaction, everyone is trying to register the land as property within a reasonable time. This is possible under the following conditions.

Condition 1 . Acquisition of land by transaction

It is understood that in this case the land is acquired on the terms of a purchase and sale transaction. However, donation can also be included here. Please note that a plot is suitable for sale, which has boundaries defined by land surveying and put on cadastral registration.

This is the simplest case, since for one acquired in this way, only an agreement in an arbitrary form is needed, with the exception of cases where the plot belonged to two or more persons. The law establishes that such transactions must be accompanied by a notary public.

Condition 2. Inheritance of land

To register land as a property by inheritance, several other documents will be required.

Firstly, a certificate of inheritance, which is issued by a notary six months after the death of the testator. Secondly, papers on the site, confirming the ownership of the deceased. However, the inheritance can also be issued by will in a shorter time.

However, it also happens that there are no documents for registration of ownership, except for a certificate of inheritance.

Let me explain with an example

A few years ago, my elderly father-in-law died. He had a house in the village and a garden. passed during his lifetime, so there were no problems. However, there was nothing at all on the land, except for an old lease agreement with an enterprise that had not existed for a long time.

As a result, in order to sell the house and the land under it, as well as the garden, it was necessary to order a survey, put the land on the cadastral register, and only after that register the land as a property from the lease.

Condition 3. Privatization of land for a house

The above example shows that there are times when a house belongs to a person, but the land under it does not. Most often it is owned by the municipality. Registration of municipal land under a private or multi-apartment building or part of it into ownership occurs after privatization.

The procedure is no different from the one that precedes. Contact the authorities local authorities to obtain permission for privatization, then feel free to step into Rosreestr.

Condition 4. Perpetual use of land

This term was preserved until 2015 since the Soviet times. Every citizen had the right to formalize such lands for free, which the vast majority of owners did. The rest have the opportunity to do now. There are two options for this.

The current legislation provides for a simplified system for registering land as property under a dacha amnesty. To do this, you just need to write an application in the prescribed form and confirm that you have really been using the site for many years.

The second option is to apply to the judiciary. You will need to prove that there was no self-seizure of someone else's property, and, by a court decision, issue a land plot. This will require old papers on the transfer of land to you for perpetual use, and in their absence, testimony from neighbors.

3. How to register the land under the house as a property - 5 easy steps

It is not uncommon for a house to be owned, but the land under it is not registered.

You ask why do anything at all, because you can live like that. Yes, but if suddenly someone wants to seize the territory near your house and build it up, then there will be no obstacles for this. Yes, and you will not be able to build anything near your house, because you do not have the right.

Why draw up a plot under the house:

• to avoid the capture of territory;
• for the safe construction of outbuildings;
• for the possible sale in the future of his house together with the land.

Below I give the procedure for registering the land under the house in the property. If you go through all the proposed steps and legalize your site, then no one will be able to claim it.

Step 1. We prepare the necessary documents

This is the most responsible and time-consuming step. At this stage, you need to decide what you already have. If the house was purchased along with the land under it, then the former owner had documents on the ownership of both objects. Accordingly, the site has already been entered into the USRN and has been assigned a cadastral number.

In this case, the registration of land ownership is carried out simultaneously with the house under a contract of sale or donation. Moreover, the contract can be general. The procedure is much more complicated if the plot under the house is not legalized. In this case, you need to privatize it for free and or buy it from the municipality. It is also possible to rent with a subsequent purchase.

What documents do you need to prepare for registration of the site:

• the passport;
• extract from the USRN or certificate of ownership;
• contract of sale, donation, redemption from the municipality or privatization;
• inheritance certificate;
• receipt confirming the payment of state duty.

Please note that only demarcated and cadastral registered plots are subject to registration. The new law on the registration of land and any real estate in the property allows simultaneously with cadastral registration to register the right. Therefore, you do not have to contact Rosreestr twice.

Step 2. We contact the MFC or the Registration Chamber

When all the documents are ready, go to apply. You can do this today directly at Rosreestr or at the Multifunctional Center (MFC).

At the same time, it is worth knowing that contacting the MFC is preferable, since these centers are initially focused on providing quality public services. They have more polite staff, convenient service, electronic queues, SMS notifications.

However, the deadline for issuing the result has been extended by two days. This is due to the fact that the package of documents at the MFC is only accepted, but it is sent anyway to Rosreestr. However, more and more is being done at the MFC today (read about it in our feature article).

Step 3. We draw up an application and pay the state fee

If you contact Rosreestr, you will have to write an application yourself in accordance with the sample. When contacting the MFC, there is no such need, since the operator prints the application on the computer, and you will only need to put your signature.

Pay the state duty for registration of land ownership at the bank or at the self-service terminal. If you are at a loss in something, a consultant at the MFC will help you. The amount of the state duty depends on the category of land and is prescribed in the tax legislation. The original receipt remains with you, and a copy is attached to the package of documents.

Step 4. We receive a receipt for the acceptance of documents

After checking the documents, the operator will issue a receipt for their acceptance, in which you will find the date of receipt of the results. In addition, this receipt contains the number of the appeal, by which it is easy to check the status of your case on the website of the MFC or Rosreestr. Note that in case of violation of the standards for registration of land ownership, you will be denied the provision of public services.

Step 5. We receive a certificate of ownership

I must say right away that no one will issue a certificate of land ownership today, since they have been canceled since the beginning of 2017. Instead, you will receive an extract from the USRN, which reflects the technical information about the object, address, cadastral number and your last name in the "Owner" column.

As for the waiting times, now they are small. It doesn’t matter what kind of land you register as property: agricultural, share, SNT or general use, the duration of the procedure when applying to Rosreestr in all cases is 7 days, and at the MFC 9 days. If the transaction was concluded at a notary, then the terms are reduced to 3 and 5 days, respectively.

To better understand the nuances of site design, I suggest watching the video.

4. Who provides land registration services - an overview of the TOP-3 companies

If you do not have the desire or time to independently deal with the registration of land ownership, then you should know where to turn. Today there are many companies that provide such services.

I offer an overview of some of them. All these firms employ competent people (read about them in our special article). The cost of land registration services depends on the complexity of the issue, but in the companies I have proposed, it is acceptable.

1) Ground

This company deals with all land legal issues. The narrow specialization of lawyers allows them to more professionally solve the tasks assigned to them. In addition, the company employs cadastral engineers and surveyors with the necessary equipment. This makes it possible to carry out the whole range of work with land plots - from geodetic surveys and drawing up a cadastral plan to registration actions in Rosreestr.

The specialists of this company are engaged in all activities related to real estate. Here you can order full support of the transaction. They will help you to draw up all the documents, check the legal purity of the real estate, and also, by your power of attorney, register it as a property.

Services of the URVISTA company in registration of land plots in ownership:

Services for registration of land ownership in Rosreestr will cost 35 thousand rubles.

3) Vita House

The company operates in Moscow and the Moscow region. She is engaged in real estate transactions and registration of objects in Rosreestr. In addition, land surveying is ordered here, their legalization in the absence of documents and other similar issues. In particular, solving the problem of division of plots will cost you only 23 thousand rubles.

The company deals not only with land, but also with other real estate. For example, here they help with, which is very much in demand today. Read about this procedure in our special article.

5. How to avoid difficulties in registration of land ownership - 3 simple tips

To avoid difficulties during the land registration procedure, you need to prepare for the process in advance. It is advisable to find out all the nuances before the transaction.

If the land plot was municipal, perhaps you will be assisted by administration specialists or they will offer you the option of preferential registration of this land as a property.

I suggest listening to some more useful tips.

Tip 1. Find out in advance about the possibility of registering a land plot as a property

Before you start buying land, privatizing it or buying it out of a lease, you need to make inquiries about this particular site. It may not be transferable at all, and you will have problems. If the land is municipal, contact the property department of your municipality for information. In the case of private property, this question does not arise.

Tip 2: Use third party services

Since land issues are quite complex, in some cases it is preferable to seek help from third-party companies, even if you have the time and desire to do it yourself. The fact is that there are many legal subtleties that must be taken into account. Indeed, if some papers are incorrectly executed, registration with Rosreestr may be rejected.

Tip 3: Seek Legal Advice

And finally, just consult with those who understand the issue better than you. Read the law, and it is better to seek legal advice.

I recommend Lawyer. Go to the website of the same name and describe your situation in detail in a special form. For a small fee, you will be given specific recommendations that will serve as a guide to action. This will help you avoid making mistakes in the future.

The site operates around the clock. Every day, several hundred specialists from various branches of law, including land law, are online.

6. Conclusion

Ownership of land is a serious matter. The success of the entire enterprise depends on how you prepare for the implementation of this procedure. Therefore, take note of what you have read and use this information to your advantage.

I wish you all the best and propose to evaluate the article, as well as leave a comment on it.

Any transactions, actions and issues related to real estate in Russia are among the most popular and serious processes that require timely execution, certain awareness and consideration of all sorts of nuances. One of these moments is the registration of the land under the house in the property.

It should be noted that even if the constructed building was erected according to the law, it was registered, the owner has registered ownership rights to it, which is documented, this fact does not automatically make the owner of the house the owner of the territory under the building. This right must be obtained in the manner prescribed by law. Without obtaining property rights, it cannot be sold, rented, donated, bequeathed, inherited or bought, since such a land plot does not actually belong to the owner of the house on it. And if there are no property rights to it, then state bodies (local municipality) can at any time demand this territory for their interests. At the same time, the owner of the house will have to give them this land plot, despite the fact that his house is built on it. The only thing he can count on is the payment of compensation, the amount of which may not always allow him to purchase a new home.

Save your time and nerves. and within 5 minutes you will receive free consultation professional lawyer.

Legal Restrictions

Most citizens Russian Federation can obtain ownership of the land for their needs. But, before registering the land under the house, you need to familiarize yourself with some provisions of the Land Code. They define territories, registration of which in the property under no circumstances is impossible. Such real estate includes territories if they are located:

It is also impossible to obtain ownership of a land plot if it belongs to the forest fund, includes water body, has cultural significance, is located on the territory of the sanitary protection zone or close to the border of the Russian Federation.

Features of the transfer of rights

If there are no objects listed above on the territory under the built house, the owner can deal with the issue of registering the land as a property. In addition to privatization, sale and purchase, options for obtaining such a property are tax-free inheritance or donation. Any basis for obtaining ownership of a land plot must be registered with state bodies. Without this procedure, rights will not be recognized.

Registration of property rights, that is, their actual registration and receipt, is carried out at the local branch of Rosreestr or the Multifunctional Center, where all the necessary information about the property and its owner is entered into a single state register.

The very registration of land ownership and its procedure will depend on who is the owner of the territory at the moment.

Implementation process

When buying a land plot under an existing residential or non-residential building, it is necessary to register the territory as a property, it requires the presence of:

If there is no information about the property of interest in the registry database, the land plot must first be put on cadastral registration. Only after that, cadastral documents are obtained, and the fact of state registration of property rights is carried out. Registration services, as can be seen from the list of documents, provide for payment, the amount of which depends on the region of location and the total area of ​​the property.

On a free basis, registration is possible if the privatization of the summer cottage is formalized or the territory is located directly under the building itself, that is, the house.

If the land is leased

As for the issue of rented land on which a house is built, such territory also prohibits its use at the discretion of the owner of the house, since it is not his property by law. If the land plot is leased from the local administration, it can be bought out in the general order established for all, and only after that you can obtain ownership rights to it and dispose of it fully.

To obtain a leased land plot, you must complete the following process steps:

Land under an apartment building

Separately, it is worth considering the case when it is necessary to formalize and obtain ownership of a house, which is considered an apartment building. This process is also possible on the general grounds discussed above, but there is a nuance in this case. And this is the fact that after registration of the land, it will become the property not of one owner, but of all participants who own a share of an apartment building. AT this case An application for registration of rights can be submitted:

• any of the owners of the apartment building who was chosen at the meeting;
• a team of owners in their personal presence;
• trusted person according to the available notarized power of attorney. At the same time, the number of powers of attorney is equal to the number of owners, that is, each of them must issue one on his own behalf.

The information in this article is provided for informational purposes only.
We recommend you to our lawyer.

Often there are situations when people own individual housing, and the land plot, which is located under the house, is not registered in their ownership. It must be registered in order to legal basis be in this area. If suddenly the state decides to take away this land for some needs, you will have to leave there, having received only compensation for the building on the site and the site itself. We will advise you how to arrange the land under the house.

How to arrange the land under the house: tips

To begin with, you should confirm your ownership of an individual house. This requirement is very important due to the fact that the primary right to acquire a land plot belongs to the owner of the building, structure, building located on this plot. A document that confirms this right, a contract of sale, a certificate of inheritance, a donation contract, an exchange contract, an agreement granting the right to perpetual use of a land plot and the right to build a residential building on it. If the actual area of ​​the land plot is not more than that specified in the contract, then the Land Cadastral Chamber is obliged to provide you with a cadastral passport for this plot.

If the house ownership agreement was issued to the previous owner, you can register the land plot under it in the same way. You only need to submit a contract of sale, a certificate you received for a house, a contract for a land plot that the previous owner had.

Registration of the land plot in other cases is carried out as follows. You should apply with all the documents establishing your ownership to the Land Cadastral Chamber of your city, and order an extract from the survey of the land plot there, and then carry out its geodetic survey, on the basis of which you have formed the boundaries. These issues are dealt with by land management organizations.

Next, you should submit all documents to the land use administration, which is available under the administration of your municipal district. There you will be prepared with a diagram of the location of your site on the cadastral plan. By contacting the Land Cadastral Chamber, you can order the cadastral registration of your site there, after which you will be issued a cadastral passport of the site. Based on these documents, the Registration Chamber will issue you a Land Ownership Certificate.

Almost every owner of suburban real estate needs to know how to arrange the land under the house.