Is it possible to privatize common land - roads, ditches, etc.? And who has the right to do this?
A horticultural non-profit partnership, as a legal entity, has the right to privatize common land. Common lands: roads, driveways, fire reservoirs, etc. cannot be transferred to the ownership of individuals.
Is it possible to privatize your plot on the basis of a general cadastral gardening plan, without doing your own, as it is expensive?
To privatize your land plot, you need to perform geodetic survey with office processing and land surveying. The collected documents are submitted to the cadastral chamber of the district administration for registering the land plot on cadastral registration and assigning a cadastral number to it. There are no other ways to unambiguously identify a land plot; the general cadastral plan of gardening is not a basis for assigning cadastral numbers to individual plots without carrying out land surveying work on each of them.
How legitimate is the privatization carried out by gardening?
Most likely, you mean the privatization of common land SNT. If, at the same time, the necessary conditions are met: a cadastral survey has been carried out, a cadastral map with a cadastral number has been received, the privatization is legitimate.
How is the legal succession of horticultures determined, if they previously belonged to enterprises? Now there are no enterprises. Whose lands?
Gardening has never been owned by an enterprise. It is difficult to imagine gardening located on the territory of the enterprise, for example, between workshops and warehouses. But seriously speaking, in ancient times, the organization of horticulture: negotiations on the allocation of land, the regulation of queues for joining horticultural cooperatives and the issuance of recommendations to advanced workers for receiving plots were engaged in trade union and party committees, which worked mainly on a sectoral basis. Therefore, the vast majority of the members of each particular gardening were employees of the same organization, the name of which often appeared in the name of the gardening.
At the same time, the land was owned by the state, and material values were collectively owned.
Currently existing horticultural non-profit partnerships are legal entities acting on the basis of the Charters of SNT in accordance with Federal Law No. 66-FZ of 15.04.1998 "On horticultural, vegetable gardening and dacha non-profit associations of citizens."
In the event that privatization measures for common lands have been carried out, this land is owned by SNT, as a legal entity. If not, the land belongs to the state.
What is the list of legislative acts regulating land issues?
It is hardly possible to provide an exhaustive list of laws and regulations governing the entire range of issues related to land use. In practice, more often than others, it is necessary to apply the norms of the following laws:
- The Land Code of the Russian Federation, enacted by Federal Law No. 137-FZ of 25.10.2001.
- Federal Law No. 172-FZ of December 21, 2004 "On the transfer of lands and land plots from one category to another."
- Federal Law No. 122-FZ of 21.07.1997 "On state registration of rights to real estate and transactions with it."
- Federal Law No. 66-FZ of 15.04.1998 "On horticultural, vegetable gardening and dacha non-profit associations of citizens."
In addition, there are a large number of laws governing the development and turnover of land, compliance with environmental and sanitary and epidemiological standards, inheritance of land plots, use of lands in collective and shared ownership, seizure and alienation of land, etc. Changes in existing laws are made annually, new ones are adopted. It is not easy to trace the entire process of changing legislation, to understand the relationship of various legislative acts. That is why at present, specialized legal organizations have been created that deal with the complex solution of legal problems related to land use.
Viktor Shchelokov, Chairman of the Board of Directors of the Center for Legal Support of Land Users
St. Petersburg, st. Gorokhovaya, 53 +7 (812) 605-08-40
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Is it obligatory to privatize?
Citizens retain the right to use non-privatized land (clauses 1, 2.2, article 3 of the Federal Law No. 137), but without a formalized ownership right, land users cannot carry out many legal actions with their plots:
- To give
- Divide and combine.
The owner of a non-privatized plot can only sell membership in a dacha cooperative, and not the plot itself, which significantly reduces the market value of the land.
Only holders of the right of inherited life possession can bequeath dacha lands to descendants. Non-privatized plots used on other grounds, after the death of land users, become the property of the authorities as escheat property, regardless of the presence of heirs.
Leasing land under a formal agreement also requires the landlord to have ownership; owners of non-privatized land, when renting out their summer cottages, must seek official permission from the authorities to conclude such agreements.
Non-privatized lands can be withdrawn by the state for defense purposes or other purposes without paying compensation to citizens who manage these lands. After registration of ownership, the owner of the seized suburban area will receive compensation from the state, comparable to the market value of the land.
The privatization of summer cottages gives their owners the opportunity to fully use their plots and pass them on by inheritance. Correct filling of the application will help to avoid possible refusals and to carry out privatization in a short time for free. It is important to take into account that from the moment of acquiring ownership, summer residents also have an obligation to pay annual land tax.
The privatization of a summer cottage is a legal procedure that takes place in several stages. The current legislation of the Russian Federation made significant changes in March 2015 and significantly simplified the registration process. At the same time, before starting the procedure, it is necessary to study all the main nuances and the procedure for obtaining the necessary document.
What awaits plots that have not passed the privatization procedure
Referring to their employment, many owners of summer cottages are in no hurry to speed up the procedure for registering privatization, even taking into account the introduction of a simplified scheme. If you think that it is not necessary to privatize land, remember that with the state, especially in matters of taxation, jokes are bad.
In this case, officials often do not bother to explain the reason for such "treachery". Therefore, it is better not to delay the issue of privatization, especially since privatizing a land plot is not as difficult as it seems.
How to register a home built on your land in 2020
Each owner of private property (land, house) will sooner or later ask himself how he can formalize a house into a land plot built on his own land, and whether the law requires such formalization.
Let's take a closer look, find out what documents are required to register a house, how much it costs, at what stage of construction do you need to think about registering documents for a house and how the process itself works - where to go.
How to register a house - when and where to start?
Most of the time, this happens - you build a house, and then you learn how to decorate it. But it is better to take care of registering the house before building it.
You must find out what parameters of permitted construction exist on your land plot, the norms for deviation from land boundaries, the rules for building permits, the procedure for registering with local authorities. To do this, we advise you to consult with a competent cadastral engineer who will explain how and what to do in a particular case.
(To find out who in your region is engaged in decorating houses and other cadastral works, we suggest you use a specially prepared free service for you - a calculator of cadastral works).
Depending on the category of the land plot, the types of permitted use and other nuances depend not only on the procedure for decorating the house, but also on the possibility of building it in this area. For example, you cannot build houses on gardening land, but you can build landscaping houses.
(Read more in the article: ‘New law on summer cottages, horticultural partnerships from 2019’). To design a house in a village on a land plot for housing or landscaping, it is necessary to submit a technical plan to Rosreestr, for the development of which, in turn, various sets of documents are collected. (For more information on what documents are required to prepare a technical plan for your home, read here).
Is it possible to take ownership of a house when it has already been built?
If the house has already been built, you can also go through the legal protection procedure. However, it should be understood that difficulties may arise at some stage in the property registration process.
For example, your house is located in the airport area and does not meet the requirements of the Luftfahrt-Bundesamt, or if you receive approval notifications from the local authorities, it turns out that the house does not meet the building parameters.
In such situations, you often have to go to court.
Home decoration in 2020 - what are the features
With the entry into force of 218-FZ (2017), the legislation on registration of real estate has changed dramatically. Consider the main features of home registration in 2020. In order to formalize private (residential or garden) house in the property and put it on the cadastral account, a technical plan for a private house must be drawn up.
Based on the information contained in this document, the data will be entered into EGRN. The cadastral engineer is responsible for the preparation of the technical plan, the registration of the house in ownership is the Rosreestr.
The years 2019-2020 are marked by the extension of the dacha amnesty, which provides for a simplified procedure for registration of ownership home gardening (Read about the features in the article: 'Registration of a country house in ownership').
In 2020, a so-called notification registration procedure is in force for private houses located on the right of ownership of housing services. If earlier the construction of a house was allowed, now there are notifications of compliance with building codes and regulations (one notification - at the beginning of construction, and another - at the completion of construction).
From this, we conclude that in order to find out exactly how to register a house as a land plot built on your site, you need to consult with land management specialists and the standards of current legislation.
What does it mean to register a house under the law?
In Russian law, the registration of land, houses and other buildings is regulated by civil and land law. In particular, Law 218-FZ of 13.07.
2015 ‘On state registration of real estate’, town planning laws and other standards established by SNiP, GOSTs, etc.
To formalize a house owned by the law, it is necessary
Registration of rights to the house
According to the law, the owner must acquire ownership of a private house either independently or through an authorized representative. Registration of ownership of a house is necessary in order to legalize your building - so to speak, to declare its existence.
And what is he for? The state needs him in order to collect taxes from the owner, and the owner - so that the building, in which the efforts and money are invested, is not considered self-built and not subject to demolition, also in order to be able to sell (give away) his property , formalize inheritance rights and, finally, have the legal opportunity to live in the house and register (right to reside). But it is impossible to register a residential building in ownership without registering in the cadastre.
Cadastral registration of a house is, in simple language, registration of information about a house in the Unified State Register of Real Estate (USRN). Previously, the cadastral registration of a house was carried out without reference to the land, therefore, many previously registered houses do not appear as objects on the public cadastral map, but information about them is available in the Unified State Register of Real Estate.
To register a house on the cadastral map, today you need to create a technical plan of the house - a document with the parameters and coordinates of the house built on your land plot. Thus, cadastral registration of real estate allows us to separate an object (house), and registration of ownership of a house - to show us who is the owner and owner of the house.
And all this information is contained in a single state database - EGRN.
How much does it cost to register a home?
The issue of the cost of registering a house on land is quite delicate and depends on various factors - the location of the land, the requirements for permits that in some cases must be prepared, the urgency and complexity of registration and other factors.We remind you that on our site you can use a free online cadastral calculator to find out the current price for the preparation of a technical plan for registering ownership of a house in your area today.
As you can see, there is no generally accepted decision to transfer ownership of a home built on your land. Each case has its own characteristics.
However, if you contact competent professionals before construction and study the legislation, you can simplify the procedure for registering ownership of the house.
And we hope that the articles and services on our site will help you avoid unnecessary bureaucracy and difficulties when registering your rights.
Legal features of the privatization of a leased site
The legal "collision" in the privatization of land is as follows: privatization is a procedure for transferring land into ownership, at the same time, the leased land already has an owner.
As a rule, the state acts as the owner, and an individual is the lessor.
Privatization of a land plot leased from a municipality is possible subject to the following conditions:
- leased land for more than 3 years
- lease term, under the contract at least twenty years
- on the site there are capital buildings owned by an individual
- the right of a citizen of the Russian Federation to privatize other land plots has not been used.
Land privatization in gardening: documents and procedure
The privatization procedure opens up new boundaries for the use of property for the owner. A privatized plot can be leased, donated, bequeathed and, in general, enjoy all possible rights of the owner. We will tell you in more detail about all the nuances of this procedure for lands in the territories of garden partnerships.