Many citizens Russian Federation use plots of land that were once transferred to them by the state in order to organize a summer cottage or garden economy. Since such a procedure was carried out back in the USSR, not many of them have documents legally confirming this right. No problems arise until the sale, lease, bail or other similar procedure with the land. Indeed, in order to carry out such operations, it is necessary registration of ownership.

Own plot- an allotment that is at the full disposal of a citizen. This circumstance allows him to legally conduct any transactions with this land. Ownership of a garden plot or a summer cottage is confirmed by an official document - certificate of ownership(You can view and download here:). The following documents are also valid:

• an act drawn up in accordance with the rules and regulations in force at the time of its issuance, which confirms the right of lifetime inheritable possession or indefinite use of the site;
• an old-style certificate of the above rights or the fact of land ownership;
• order, resolution and any other regulatory document, which is a certificate of ownership or the fact of issuing a given site to a person;
• extract from the primary accounting document - household book.

Citizens who used allotments for summer or garden purposes on the basis of the above documents can register them as personal property. This right is governed by , dated December 2001, and , dated July 1997, as well as RF LC. The exceptions are the areas:

Dear visitors of the project "Land Expert"!

When faced with problems related to land relations, registration of plots, land privatization, it is important to understand that in the articles we try to describe the basic aspects. Each situation, problem and question is extremely individual and requires legal support and advice.

• For Moscow and the Moscow region phone:

  +7 499 350 80 66

• For St. Petersburg and the Leningrad region phone:

  +7 812 309 43 30

• For other regions of Russia, the all-Russian free number:

  +7 800 333 45 16 ext. 107

• You can also take advantage of the consultation with the on-duty lawyer via online chat. Available in the lower left corner of the site.

Applications and calls are accepted around the clock and no days off.

Thank you for visiting our resource "Land Expert".

• on which the procedure was carried out;
• in accordance with the established procedure for the needs of the municipality or the state.

The procedure for registering a garden or summer cottage land in ownership

List of documents

One of the main stages of granting allotment to the property is the collection of certificates and other mandatory forms. In particular, the following are required documents for registration of the land in the property:

• application for registration of ownership, the form of which is approved by the responsible local authority;
• the decision to allocate a plot to the property of a citizen;
• applicant's identity card - passport;
• approved by the chairman of the cooperative plan / layout of the allotment in relation to neighboring lands;
• a bank or cash document confirming the fact of payment of the duty to the state;
• cadastral passport for land;
• documents confirming the rights of the person applying to the responsible authority for the buildings located on this site.

An example of the procedure for registration of a garden or summer cottage land in the property

Citizen A. applied to the administration of her locality with a request to allocate a garden allotment to her property. She collected a complete package of documents. The land was leased by the applicant during the previous nine years. The legal document has expired. Guided by the norms established by Federal Laws No. 171 and 178, the administration decided to buy the site by the applicant. Thus, the appeal was granted, and this land became the property of citizen A.

Conclusion

Privatization or transfer of a land allotment into the possession of a citizen allows him to make any manipulations / transactions with this real estate object:

• provide it for use by the tenant;
• to implement on the basis of a contract;
• transfer on the rights;
• provide for use without time limit;
• erect the necessary economic or residential building;
• improve the allotment.

A citizen to whom the state allocated it, even during the existence of the Soviet Union, can formalize the ownership of the site.

The most popular questions and answers to them in the order of registration of a garden or summer cottage land in the property

Question: Back in 1993, I received a residential private building - a house. At the same time, one half of it was inherited, and the other half was acquired in accordance with the contract of sale. The building is located on a plot that I rented in 2005. This procedure was carried out in order to obtain Money for the individual construction of a cottage. Can I now register this land as a property without spending material resources - without payment?

After purchasing a summer cottage, new owner land becomes the full owner of its territory only after all registration and title documents are properly legally executed. For those who are currently dealing with this issue, it is very important to know how to issue garden plot property in 2014, since it was in this year that amendments were made to the Civil Code of the Russian Federation regarding the legal registration of land.

Legal registration of a summer cottage

In order to study in detail the procedure for legal registration of land ownership, this article will describe the main features of the collection and submission of all necessary documents to the relevant state registration authorities.

In addition, the reader will be offered detailed instructions, which consistently describes all the steps aimed at the proper execution of registration documentation.

Legal aspects of registration of land ownership

According to Article 433 of the Civil Code of the Russian Federation, the legal ownership of a garden or country house land plot categorically passes to its owner from the moment when all the documents necessary for this are collected and registered with the Office of the Federal Registration Center.

1. The collection of all necessary documents and the legal registration of the ownership of the garden plot must be carried out directly by its present owner on the basis of a valid identity card.
2. If there are objective reasons that do not allow him to personally deal with this issue, this can be done by an authorized person on the basis of a valid notarized power of attorney.
3. According to the technical regulations, the period allotted for consideration and acceptance or rejection of the submitted documentation is 30 days from the date of registration of incoming documents.

List of required documents

State registration of a garden plot in the ownership of a private person is regulated by Federal Law 122-FZ and Article 131 of the Civil Code of the Russian Federation.

According to the requirements of these regulations, in order to formalize the legal ownership of garden and summer cottages, the real owner of the land must provide the following set of documents:

1. Human ID(passport, military ID), which must be valid at a given time.
2. Title documents for the right to own this site, and in their absence - an extract on the issuance of land for temporary use.

1. A completed declaration form for all residential and utility buildings located on the territory of this land.
2. Extract from the current cadastral passport of the land plot and a copy of the approved cadastral plan, which can be obtained from the Bureau of Technical Inventory.
3. Bank receipts confirming payment state duty for the preparation of documents for a current account at a bank branch.

Advice!
Upon receipt of receipts for payment of state duty, land registration is paid separately, the price of which is 100 rubles, and registration of residential and household buildings, which also costs 100 rubles.

Collection of primary documentation

All of the above documents must be submitted for consideration together, in one package, so the specifics of their use and receipt will be discussed below, depending on the specific situation.

1. An identity card is presented once upon registration of a package of documents, and once upon receipt of the original certificate of ownership of the land and all buildings on the site. (See also the article.)
2. Title documents, as a rule, are always kept by the owner of the plot or residential property. Most often, this can be a notarized contract of sale, a certificate of inheritance or a deed of gift.
3. In the absence of title documents, an extract on the provision of land for use, obtained from the local village council, village administration or garden partnership, is submitted to the local Office of the Federal Registration Center, which must be filled out on the official letterhead of the Office federal center registration.
4. In the same place, you need to get an official declaration form, in which you need to enter with your own hands the current information about residential premises and household buildings located in this territory.

Advice!
Passport, military ID or other identification must not be left anywhere, and it is strongly recommended not to give it to third parties for safekeeping.

Registration of a cadastral passport

In the case of capital construction, as well as when connecting a residential building to centralized water supply, sewerage and gas pipeline networks, it will be necessary to additionally issue a cadastral passport for this land plot.

1. First of all, you must personally submit an application to the local branch of the Federal Office for Unified Registration of Land Plots, Cadastre and Cartography.
2. After consideration of the application, the applicant is put in a queue for the departure of a cadastral engineer for a technical survey of the area.
3. According to the survey results and technical calculations a cadastral passport is drawn up, in which all the necessary data relating to the territory of the garden plot are entered.
4. The official extract from the cadastral passport is filled out on a special form of the Office of the Federal Registration Center, and then, together with a copy of the cadastral plan, certified by the seal of the cadastral engineer, is included in the general package of documents.

Advice!
The queue for the departure of a cadastral engineer can be delayed indefinitely, so you need to be patient and wait.

Obtaining state registration

Having prepared everything Required documents and having received all official extracts, it is imperative to make copies of them in two copies, while keeping one of them in your home archive, and using the second as needed. After making sure that all the necessary papers are available, checking their date of issue and validity, you can proceed to submit documents.

1. The first step is to make an appointment with a specialist in this issue to the Office of the Federal Registration Center.
2. At the appointed time, come to the reception and write an application for registration of ownership of the land.
3. After the transfer of the documentation package, it will be assigned a unique incoming number, according to which you can track the further course of events.
4. Approximately after 30 days, re-apply for an appointment with a specialist, and upon presentation of an identity card, receive the original certificate of ownership of the summer cottage.

Conclusion

After reading this material, it becomes clear that the independent registration of the legal right to own your own garden plot does not require any knowledge of jurisprudence, therefore it is available to any conscientious and responsible person.

To get additional information of interest, you can watch the video in this article or read similar materials on our website.

There are right-establishing and right-certifying (right-affirming). Title documents are "primary source documents", on the basis of which a title document (certificate of state registration of rights) is issued.

Title documents

Title documents are the primary basis for state registration of land rights. Their approximate list is given in Art. 17 of the Federal Law of July 21, 1997 N 122-FZ "On State Registration of Rights to Real Estate and Transactions with It" (hereinafter referred to as the Law on State Registration of Rights). Such documents must comply with the legislation that was in force at the time of their preparation at the location of the land plot. They must indicate the right holder, the type of right to land, as well as a description of the land plot, allowing unambiguous interpretation and then identification of a specific land plot.

Title documents for land plots are:

Contracts and acts of acceptance and transfer to them (purchase and sale, donation, exchange, privatization, etc.);
- court decisions that have entered into force (including a settlement agreement approved by the court);
- certificates of the right to inheritance;
- decisions, resolutions, orders, acts of state authorities or local governments (their officials) on the provision (allocation) of land plots.

Keep in mind that the so-called certificates of legal registration, entry into the register of owners, etc., issued by the BTI, local governments, are not in themselves title establishing. They can only be attached to documents that are the basis for the emergence and transfer of rights to land.

Paragraph 7 of Art. 30 of the Land Code provides that the decision executive body state authority or local self-government body authorized to dispose of a land plot, on granting it for construction or a protocol on the results of tenders (competitions, auctions) is the basis for:

1) state registration of the right of permanent (unlimited) use when providing a land plot for permanent (unlimited) use;
2) conclusion of a purchase and sale agreement and state registration of the buyer's ownership of the land plot upon granting the land plot into ownership;
3) conclusion of a lease agreement for a land plot and state registration of this agreement when transferring a land plot for rent.

In Letter No. D23-3585 dated November 9, 2009, specialists of the Ministry of Economic Development of Russia concluded that the decision to grant a land plot for permanent (unlimited) use is the basis for the emergence of such a right. That is, such a decision is an appropriate title document.

If the land plot is granted for ownership or lease, then the relevant decision on the provision of the land plot or the protocol on the results of the auction is the sole basis for concluding the relevant agreement and is not in itself a title document. In this case, the rights to land plots arise on the basis of relevant agreements. Thus, in the aggregate, decisions on the provision of a land plot or protocols on the results of tenders, as well as agreements on the alienation of a land plot, are appropriate title documents when granting land for lease or on the basis of ownership.

Legal documents

Land title documents include:

Certificate of ownership of land (including according to Decree of the Government of the Russian Federation of March 19, 1992 N 177 "On approval of the forms of a certificate of ownership of land, a lease agreement for agricultural land and an agreement for the temporary use of agricultural land", which has become invalid ) with the mandatory application of the cadastral plan (map, passport) of the site;

Certificate of land ownership (issued, among other things, by Decree of the President of the Russian Federation of October 27, 1993 N 1767 "On the regulation of land relations and the development of agrarian reform in Russia", which has become invalid);

Certificate of the right to lifelong inheritable land ownership (according to Decree N 177);

Certificate of the right of perpetual (permanent) use of land (according to Decree N 177);

State act on the right of ownership of land, lifelong inheritable possession, perpetual (permanent) use of land (according to the Resolution of the Council of Ministers of the RSFSR of September 17, 1991 N 493 "On approval of the forms of the State act on the right of ownership of land, lifelong inherited possession, perpetual (permanent) ) land use").

It is important. Legal entities are obliged to re-register the right of permanent (perpetual) use of a land plot for the right to lease or acquire it in ownership (clause 2, article 3 of the Federal Law of October 25, 2001 N 137-FZ "On the Enactment of the Land Code of the Russian Federation") . From January 1, 2013, the Code of Administrative Offenses will be supplemented by Art. 7.34, which establishes responsibility for violating the terms and procedure for re-registration of the right to permanent (unlimited) use of land plots for the right to lease land plots or the terms and procedure for acquiring land plots into ownership.

Keep in mind that these certificates of state registration of the right to a land plot have legal force only together with the relevant title document. Therefore, the certificate of state registration of the right to land always contains a reference to a document that establishes the right to a land plot (for example, a sale and purchase agreement and an act of acceptance and transfer, a decision on the division of a plot, minutes of a general meeting, a decision of the founder). In addition, it states:

The subject of law (full name, his personal data; name of the organization, TIN, PSRN, date of state registration, address, etc.);
- type of right (for example, "property");
- object of law (category of land, type of permitted use, area, address);
- cadastral (or conditional) number;
- existing restrictions (encumbrances) of the right.

Thus, a certificate of state registration of a right is a right-certifying (right-affirming) document, and not a title document. That is, the presence of a certificate confirms the fact of state registration of the right to a land plot, but does not affect its existence. At the same time, the only evidence of the existence of a registered right is an entry in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the EGRP).

Legal force

Documents confirming the rights to land issued during the Soviet era or before the approval of new effective forms of such documents are recognized as legally valid (Articles 6, 14, 17 of the Law on State Registration of Rights). This means that there is no obligation to change them for new ones. Yes, valid state acts, certificates and other documents issued to organizations and citizens before January 31, 1998, that is, before the entry into force of the said Law. They have equal legal force with entries in the USRR (clause 9, article 3 of the Federal Law of October 25, 2001 N 137-FZ "On the Enactment of the Land Code of the Russian Federation").

But if it is necessary to make a deal with such land (buy, sell, lease, etc.), it is necessary to re-register the rights to the land (clause 2, article 6 of the Law on State Registration of Rights), that is, go through the procedure of state registration of rights. At the same time, title documents for land and a certificate of registered right, both in meaning and content, should not contradict the information specified in other certificates and documents from the set that is necessary to complete a transaction with land.

For your information. From March 1, 2010, organizations that own real estate, including land plots, can send in electronic format documents required for the registration of real estate for cadastral registration. This is, for example, a boundary plan, an act of agreeing on the location of the boundaries of a land plot. Documents submitted electronically must be certified electronically. digital signature. An electronic application to Rosreestr can be submitted through the public services portal (www.gosuslugi.ru) or through the official website of Rosreestr (www.rosreestr.ru) (Order of the Ministry of Economic Development of Russia dated December 28, 2009 N 555).

Loss of documents

If the right to a land plot arose after January 31, 1998 (the enactment of the Law on State Registration of Rights), then all information must be stored in the territorial bodies Federal Service state registration, cadastre and cartography (Rosreestr) (formerly the Federal Registration Service of Russia). As a rule, the issues of cadastral registration and registration of rights to land plots are handled by separate structural divisions of Rosreestr.

Order of the Ministry of Justice of Russia dated September 18, 2003 N 226 approved the Instruction on the procedure for filling out and issuing certificates of state registration of rights, notifications of refusals in state registration of rights to real estate and transactions with it, and information on registered rights. Information is provided in the form of extracts from the USRR and certificates on the content of title documents.

In case of loss for any reason of the documents for the land plot, you must contact the Rosreestr Department for an extract on the content of such documents. The resulting extract will confirm the right to the land. It will be enough to complete a transaction with a land plot. If the required documents are not available in the Rosreestr system, then they should most likely be requested from the authorized bodies of local self-government. The fact is that, according to Rosreestr, structural subdivisions that are not empowered in the field of state technical accounting and technical inventory continue to function at the municipal level. They continue to store archives of cases and documents for real estate objects and often refuse to transfer them in the prescribed manner to the system of authorized bodies of Rosreestr.

Information on registered rights to land plots and other real estate objects according to general rule provided for a fee. Its size is established by the Order of the Ministry of Economic Development of the Russian Federation "On the procedure for collecting and refunding fees for providing information contained in the Unified State Register of Rights to Real Estate and Transactions Therewith, issuing copies of contracts and other documents expressing the content of unilateral transactions made in a simple written the form and amount of such a fee ”of December 16, 2010 No. 650. From January 1, 2011, the amount of the fee is:

Enlarge by clicking on the photo!
The requested information must be provided within five working days (or a reasoned refusal).

Thus, the main documents for land are a certificate of state registration of rights, title documents, as well as a cadastral plan of the site.

Acquisition and termination of ownership of a land plot
Protection of land rights

Ownership of the garden house. Form or not?

Now, for state registration of property rights, it is necessary to submit to the body that carries out state registration rights to the following documents:
1. Application for state registration of property rights. The application form is issued by the body that carries out state registration of rights when submitting documents.
2. An identity document of the applicant (passport). If it is not the owner who applies, but his representative, then he must provide a document confirming his authority. Such a document is a power of attorney. The power of attorney must be notarized (original and copy).
3. Declaration of the established form about the real estate object. The declaration is filled out for each object (for a residential building, barn, restroom, gazebo, etc.) in two copies. The application form is issued on the spot.
4. Document of title to the land plot on which the real estate object is located. This document is the Certificate of Ownership. The provision of a document of title to a land plot is not required if the applicant's right to this land plot was previously registered with the state registration authority.
5. Cadastral passport for the land plot or the conclusion of the board of the relevant gardening partnership, confirming that the created real estate object is located within the boundaries of the specified plot. The provision of a cadastral passport for a land plot is not required if the applicant's right to this land plot was previously registered with the state registration authority.
6. Receipt of payment of state duty (original and copy). You can get a receipt from the body that carries out the state registration of rights.

Thus, if you have previously registered your ownership of a land plot, then in order to register ownership of a garden house and outbuildings, you need to provide all FOUR documents to the state registration authority: an application, a passport, a declaration and a receipt.
A little advice: always have with you the original Certificate of state registration of land rights and the N-th number of copies of all documents - you will definitely need them.

We are often asked the question: “Is it necessary to register buildings in horticultural associations? And what does it give us?
The answer to this question is ambiguous. On the one hand, taxes are a disadvantage in registering ownership of buildings. Taxes in our country are paid on the basis of the property owned. At the same time, the procedure for registering the ownership of buildings in horticultural associations is not mandatory. It turns out that by spending time and money on registering buildings, we act to our own detriment. In addition, buildings and land are two indivisible parts. You cannot sell them separately from each other.

In other words, if you registered buildings, and they, let's say, burned down or you demolished them and decided to sell the land, you will not be able to make a deal. To begin with, you will need to make changes to the Unified State Register and exclude entries about buildings from it. To do this, you will need to submit to the body that carries out state registration of rights a certificate of fire, which will indicate that the buildings burned down completely or an act of demolition of buildings. And then sell the land. As you understand, this is a financial cost and time.

BUT ... by legalizing buildings on your land, you automatically increase its value. In addition, not all buyers agree to pay for a land plot with buildings if there are no documents for buildings. This is mainly due to the decrease in the cost of the site, because the buyer will have to additionally spend his money on the design of buildings for which he has actually paid. In addition, the cost of a plot with a building is usually higher than the cost of a plot without a building, and only the plot will appear in the contract of sale.

The question arises: Suddenly, in the process of registration, the seller will require additional funds from the buyer for the buildings located on the plot being sold? And this really can be. Another weighty argument in favor of registering garden houses is the possibility of obtaining a loan secured by property owned by the borrower. You can, of course, not register buildings and transfer only a land plot on security, but if you need to get the loan amount (cash) as much as possible, registration of rights to garden house important aspect.

The conclusion suggests itself as follows: only those who wish to receive a loan or profitably sell their land have an incentive to register buildings in gardening partnerships.