ethnoscience

Dismissal without completion of work under contract. Dismissal without work

The question of how to privatize the land under a house is very relevant today due to the fact that this process is more rare than the privatization of an apartment, and therefore presents some difficulties in practice. How to privatize the land under a house and not waste time and money will be described below.

Privatization: where did it come from and what to do with it?

If you are the owner of a house that is located on a plot of land, then you have a preemptive right to privatize this plot of land.

In short, the privatization of land plots under a house is nothing more than a way of acquiring their ownership.

Privatization, depending on the time of emergence of the right to a land plot and the presence of “disagreements” regarding the plot with the authorities, can be of several types:

free in general;
free administratively;
paid (through the purchase of land);
through the court.

What land plots are covered by free privatization?

The site on which a residential building is located.
A plot of land that is available for rent for personal farming.
A summer cottage plot that is provided for permanent (indefinite) use.
A plot of land that is in permanent (indefinite) use and on which there is a residential building.

The most important problem when registering privatization of land under a house is that the procedure for collecting documents and submitting them to the relevant authorities is not regulated in detail. Therefore, there are situations when you are preparing some documents, but the “expiration date” of others has already expired, and you have to do double work.

Until 1990, citizens could only own land plots with the right of permanent (perpetual) use or lifelong inheritable ownership. But after the adoption of the Law “On Land Reform”, the right to acquire land plots of ownership for a fee or free of charge was “granted”.

This “initiative” is “picked up” by the Land Code of the Russian Federation, which “allows” a one-time free privatization of a land plot. But since 2006, the procedure that was established for the privatization of land has changed.

In order to privatize a land plot, it is necessary to collect the following package of documents:

Documents confirming the right of ownership of a land plot. Since the right to the plot arose at different times, the documents in this case are not identical. These may include an agreement on the provision of a land plot for indefinite use for the construction of a residential building, a certificate of state registration. registration of land rights, state act.
Cadastral site plan. In case of its absence, you must contact the land committee, which will “assist” in obtaining it. What does it mean? A topographic survey of the area will be carried out (this can only be done by an organization with the appropriate license) and a cadastral plan will be issued indicating the boundaries of the site.
In practice, the following difficulties may arise: the dimensions of the land plot indicated in the cadastral plan and title documents may differ.

In this case, the data from the cadastral plan is taken as the “basis” if the area of the plot does not exceed the established minimum sizes for the provision of a land plot in accordance with its intended purpose.

But this method of obtaining a cadastral plan requires financial costs. There is an alternative: the latest amendments have “softened” the requirements, and the cadastral plan can be drawn up based on the data from the document certifying the right to the plot.
Don't know your rights?

Moreover, even the absence of any information in the cadastral plan is not grounds for refusal to register ownership of a land plot.
Certificate of the value of the land plot (normative value). Such a certificate is issued by the land committee upon request.
From the tax office we receive a certificate about the amount of tax and the area of the land plot.
From the BTI we receive a certificate about the value of the house, which is located on a plot of land.
Cadastral passport for a building located on the site.
An extract from the Unified State Register of Real Estate about what rights are registered to the plot.
A copy of the document that identifies the applicant.

After all the documents have been collected, you must contact the territorial office of the Russian State Register with an application and the above documents.

What's next?

Within 14 days, the Russian Register considers the application and the documents attached to it.

Let's look at some features of increasing the term. For example, if for some reason a cadastral plan was not provided, then the Rose Register requests the relevant information from the land committee. This will take 1 month.

After the Rosester makes a decision to register ownership of a land plot, it notifies the applicant about this, carries out land surveying and prepares a cadastral plan. All this is carried out at the expense of the applicant.

After receiving the cadastral plan and submitting it to the land committee, an agreement for the sale and purchase of a land plot, or an agreement for the gratuitous transfer of ownership of the land plot, is concluded with the applicant.

Why privatization is needed: pros and cons

The main DISADVANTAGES of privatization include:

Annual payment of land tax.
The owner’s obligation to “maintain” the land plot, in particular, roads, local area, etc. Otherwise, liability measures may be applied to the owner.
An increase in the cost per square meter for potential buyers and tenants and a possible increase in utility bills.

The undeniable ADVANTAGES of privatization include:

It is not possible to do anything with the site without the consent of the owner. This concerns its alienation, seizure or “use” by others.
Obtaining additional profit from the use of the site, for example, when renting it out, etc.
Unlimited actions related to the land plot.

But here it is worth adding a small fly in the ointment. Many owners of land plots are in a hurry to register ownership of them in order to quickly build any structures and receive economic benefits from this.

But it should be remembered that each site has its own purpose: for example, you cannot build a kiosk for selling jewelry on the territory under an apartment building, etc.
Despite the fact that privatization is a rather complex and lengthy process, as long as it is possible to arrange it for free, you should take advantage of it.

Having bought or built your own house, sooner or later you ask yourself the question: how to privatize the land under a private house? Privatization is necessary for full ownership of your land plot by right of ownership. Moreover, the state guarantees its free registration for those properties that were previously issued to citizens. Some difficulties associated, for example, with the status of land or other circumstances, are resolved by the possibility of purchasing a land plot from the state at its cadastral value.

Grounds for privatization of land

purchase and sale agreement for a house or plot;
certificate of ownership of the house itself.

In the absence of these documents, there is a high probability that the legal owner will claim rights to the plot, as a result of which the tenant will be subject to large losses: both financial and moral.

Naturally, you will have to move out, and although the cost of the house will be compensated, the payments made will be much lower than its market value.

The legislation clearly defines legal transactions in which it is possible to register ownership of land under a private residential building:

donation of a plot or house;
house privatization;
inheritance of a house or plot;
buying a house.

Changing one owner of property rights to another with mandatory state registration is possible in the following cases:

when changing ownership;
when changing the right of use;
when purchasing land using mortgage lending;
if the subject of lifelong inheritance changes.

Free option

Land privatization will be free in the following cases:

if you prove that the plot allocated to you is intended only for individual residential development or for subsidiary plots;
if the land plot fell under the “dacha amnesty” and is subject to simplified privatization;
if you already live in a house located on a site subject to privatization, if you already have ownership rights to this house.

Privatization of a plot is usually carried out in the following ways:

after completing a transaction for the purchase and sale of a plot;
with free privatization in a simplified form;
with the existing court decision.

In addition to these cases, free privatization should be carried out for the following categories of beneficiaries:

veterans and participants of the Second World War;
heroes of the USSR, Russian Federation;
large families;
orphans;
other vulnerable segments of the population.

Paid option

The difference between paid privatization and free privatization is that it ensures the right of any citizen to acquire ownership of a plot of land he likes and to complete the act of purchasing it from the state.

Nuances

When preparing for privatization, you should take into account some of the subtleties of the upcoming procedure:

If a house built on a privatized territory has several owners, that is, it is in common ownership, then all home owners have the right to privatize the land under the house. None of the owners has the right to individually purchase the plot without the certified consent of the other owners of the house.
If there is no need to privatize the entire plot, then this can be done in relation to some part of it.
When completing the procedure, you will definitely be required to document your legal right to use the land. This can be done by submitting contracts of ownership, lease, transfer for use, orders for the allocation of land by the village administration and others.
All plots with houses registered as property before 1991 are subject to free privatization. The rest are purchased from the state at their cadastral value.

Privatization in the Russian Federation is available not only to its citizens, but also to foreigners who have received a residence permit, foreign legal entities, and stateless persons if the building on the land plot belongs to them by right of ownership.

List of required documents

It is necessary to draw up an application in which you apply for privatization, describing the size, purpose of the site and its location. This application is accompanied by documents, the list of which is given below, but it can sometimes vary:

passport of a citizen of the Russian Federation;
documents proving the legality of use of the site - lease or inheritance agreement;
individual taxpayer number;
a document confirming your ownership of the house;
extract from the state real estate register;
a territory plan and a “fresh” cadastral passport for the land (with a production period of no more than one year);
passports for the house (cadastral and technical);
a certificate from the tax service about the accrued land tax and the size of the allotment;
certificate from the land committee on the actual cost of the plot.

Where to submit documents

Local authorities, that is, municipal administrations, are involved in the registration of housing privatization. You need to bring the required package of documents to them. But the matter will not be limited to this, since the registration of the right will need to be reported to the Land Committee, the Federal Tax Service, the geodetic company, the registration service and the BTI.

For particularly busy privatization applicants, there is the possibility of providing this service by employees of a law firm, who, for an additional fee, will arrange everything without your participation. All you need is a power of attorney.

Step-by-step instructions for registering ownership of a plot of land

Free privatization

The sequence of privatization stages will be as follows:

1
Your application with a full package of accompanying documents is placed on the desk of the head of the district administration. 2 Processing of documents will take 2 weeks. If you are unable to provide one of the required documents, you will be offered administrative clearance, and the entire procedure will last for a period of at least a month due to the need to restore the missing document. 3
When a positive decision on your application is made, you will receive the right to free privatization.

But you may receive an official refusal for one of the following reasons:

government construction work is planned on the site you like;
the plot, together with the adjacent land, is expected to be taken out of circulation in the near future;
privatization of this site is prohibited.

The following lands are not registered as private property:

various territories allocated to the jurisdiction of the FSB;
nature reserves, wildlife sanctuaries and parks that are the property of the state;
nuclear waste storage sites;
lands taken out of circulation;
water, forest resources;
specially protected sanitary zones;
lands with buildings classified as cultural or historical heritage;
military areas.

If such a refusal does not satisfy you, then you have the right to appeal it in court or try to buy the plot. It makes sense to sue if there is confidence in the illegality of the refusal.

The issue is resolved in court if a refusal of free privatization is received with a simultaneous proposal to draw up a lease agreement or carry out a buyout.

Such applications are considered by arbitration courts within three months from the date of registration of the written refusal.

Paid privatization

The correct sequence of actions for paid privatization:

examination of land by the executive authority;
determination of its value (only for registered lands);
payment of all expenses by the applicant;
consideration of the application (30 days);
signing a purchase and sale agreement with the authorities, on the basis of which the plot becomes personal property.

Information about the new owner is entered into the state cadastre, and Rosreestr issues you a Certificate of your ownership of the land.

Pros and cons of privatization

By privatizing the plot under the house, you will receive guarantees that:

But there are also disadvantages:

you will have to pay land tax;
the owner must maintain his site in proper condition, otherwise fines may be imposed on him.

Although free privatization of land plots will be carried out until the end of 2020, it should not be postponed.

It must be remembered that the apparent simplicity of the privatization procedure has its own difficulties, which consist mainly in the need to prepare a lot of documents and limit the validity of the collected certificates.

Watch the video for additional useful information about registering land plots as property.

Having ownership of a residential building does not always mean owning the land under such a house. Lack of ownership of the land under the house can lead to difficulties in selling the house, as well as the possible repossession of the land along with the house.

To prevent this, it is necessary to privatize the land under the house.

Privatization of a house plot means the transfer of ownership of land from the state owner to the owner of the house. The presence of a residential building in the property is the basis for the preemptive right to privatize the land under it by the owner of the house.

Privatization can be paid or free. You can privatize the land under your house for free in the following cases:

If the land was provided by the administration for the construction of a house;
If you have the right;
If the land plot is in lifelong inheritable possession;
If the actual use of the allotment takes place for more than 15 years.

Local authorities can provide land for construction free of charge to certain categories of the population determined by local legislation (large families, low-income people, disabled people, etc.). After completing the construction of a house and registering ownership of it, you can privatize the land under the house for free.

In other cases, plots under a house can be privatized by purchasing them from the state owner for a fixed share of their cadastral value.

Where to privatize

To obtain permission for privatization, you must apply for the appropriate permit.

The place of initial contact may be:

Local municipality;
Branch of the Federal Property Management Agency.

You need to contact the municipality if the land plot under the house is in municipal ownership, and the Rosimushchestvo branch - if the land under the house is in the possession of federal or regional authorities.

You can determine the owner of a land plot by ordering a record from the Unified State Register on the website at the address or cadastral number of the plot.

The addresses of Rosimushchestvo branches for different regions of the country can be found here or on the website by selecting the desired region on the map.

After receiving permission for privatization, ownership of the plot is subject to registration at the Rosreestr branch.

Required documents

Before submitting an application for privatization, you need to prepare the following documents:

Certificate of ownership of the house;
Title documents for the house;
Extract from the register of rights about the owner of the land plot;
Document on the right to use the site.

First of all, an extract from the Unified State Register is ordered to determine the place of application. If the boundaries of the land plot are not allocated or registered in the cadastral chamber, then it is necessary to carry out boundary work to establish such boundaries.

According to Art. 12 Federal Law No. 93 (“dacha amnesty”), boundary work can be carried out at the expense of the municipality if the privatized land plot is used for the purposes of:

Country construction;
Gardening or gardening;
Subsistence farming;
Individual housing or garage construction.

In such cases, land users only need to provide a diagram of the location of the plot to be privatized in relation to neighboring plots, and have this diagram certified by the board of the dacha or garden cooperative.

The document on the right to use the site can be:

Certificate of the right to lifelong inheritable ownership or perpetual use;
Agreement on the provision of land for use;
Agreement on the provision of land for long-term lease.

The land is provided for use by the local administration for the construction of housing for privileged categories of the population or workers in socially significant professions in rural areas (teachers, doctors, etc.), therefore, along with the contract for the provision of the site, you must attach documents on the right to benefits or a copy of the employment contract.

If the above documents for the land are missing, but the applicant has been using the land for the last fifteen years, then he can obtain permission for privatization in court on the basis of acquisitive prescription, which arises on the basis of Art. 234 of the Civil Code of the Russian Federation and presupposes open, conscientious and continuous use of the site.

To prove open and bona fide ownership, the land user can provide receipts for payment of utility bills and membership fees to the dacha cooperative, as well as obtain testimony from witnesses about the continuous use of the site.

Depending on local laws and the category of the applicant, additional documents may be required.

Procedure

Obtaining ownership of the land under the house occurs in the following order:

Contacting the municipality or a branch of the Federal Property Management Agency;
Issuance of a certificate of preliminary approval of privatization;
Carrying out boundary work and registering the site on the cadastral map of the area;
Issuance of permission for privatization;
Payment of the state duty and application to the Rosreestr authority;
Registration of property rights.

Preliminary approval of privatization occurs only in the absence of cadastral documents for the land plot. Approval is also not required if it was carried out when providing land for construction.

If cadastral documents are available, the applicant immediately applies for permission to privatize with an application.

The application must provide the following information:

Full name and contact details of the applicant;
Site address;
Category of land and type of its use;
Availability of encumbrances on the land;
Type of right of use and document number;
List of owned buildings located on the site;
Details of ownership rights for each building.

The application is reviewed within a month.

Based on the results of the consideration, the applicant is issued a permit for privatization or a refusal to do so in writing.

Refusal may be received for the following reasons:

Submission of an incomplete package of documents;
Presence of inaccuracies in the application and/or documents;
The applicant exercised the right of free privatization earlier;
The land plot indicated in the application is not subject to privatization.

In the first two cases, the applicant must correct the errors and resubmit the application. In the case of previously carried out free privatization, you can exercise the right to purchase land for a percentage of its cadastral value.

You must contact the Rosreestr authorities to register ownership of the plot under the house with the following documents:

Copy of the passport;
Privatization permit;
Receipt for payment of state duty.

An application for registration can also be submitted to the multifunctional center or electronically using a special form on the Rosreestr website. Registration of rights is carried out within 15 days.

Price

The fee for registering property rights is 350 rubles. If a plot intended for:

Country construction,
Gardening, gardening,
individual housing construction, private household plots,
then the state duty for its registration will be 100 rubles, according to Art. 6 Federal Law No. 93 (“dacha amnesty”).

If privatization is carried out on a paid basis, then the cost of purchasing federally owned plots will be 60% of their cadastral value.

For dacha and garden plots, as well as for plots for individual housing construction and private plots, which are in regional or municipal ownership, the redemption is made for 15% of , and this percentage can be reduced to 1 by local legislation or reset to zero for privileged categories of the population.

What to do if the house is privatized but the land is not

The privatization of a house is the basis for the privatization of the land plot underneath it in order to be able to fully dispose of the property (sell, donate, lease, etc.), since the alienation of buildings is impossible without the simultaneous alienation of the land under them.

If the land user has privatized a house on the site, then he needs to contact the local government body to obtain permission to privatize the land under the house on the basis of:

Availability of ownership of the house;
Availability of land use rights.

If there is a right to use the site in the form of perpetual use or inheritable ownership, the land user carries out privatization of the site in the usual manner described above.

If the only basis is the presence of a house in the property, then the land user has a preferential right to register the plot under the house as a property by free provision or purchase from the municipality for 15% of the cadastral value.

Privatization of a plot will be impossible only if there are restrictions on the land, for example, if the plot is located at a distance of less than 100 meters from the coastline, it can only be provided for long-term lease from the authorities.

So, to privatize a plot under a house, you need to apply for permission from the state owner of the land, attaching to the application documents for the house and the right to use the land. Privatization of land under a house occurs free of charge or for a percentage of the cadastral value of such land.

Privatization of land under a private house is one of the methods of acquiring it into ownership. It involves the following procedure:

contacting local government authorities at the place of residence;
obtaining a verdict from the administration on the transfer of a land plot (PL) into ownership. If free privatization is refused, it is possible to purchase the land under a purchase and sale agreement (a draft of this document is usually sent along with the refusal to allocate the land free of charge);
application to Rosreestr for registration of land rights.

Reasons

In addition to the main reason for privatization - the actual use of land plots by the owners of the house, there are others that the applicant should know about:

persons must use the plot legally, which is confirmed by correctly executed documents giving the right to own the relevant territory;
With the necessary papers, this process is free and without problems. If there are no land documents or they are poorly prepared, free privatization is carried out administratively;
the basis for free privatization is that a person belongs to a certain category - Heroes of the USSR and Heroes of the Russian Federation, military personnel, veterans, orphans and others;
You can privatize your dacha land plot for free under a program called the “dacha amnesty”.

In other cases, privatization is legally carried out for a fee, and owners of private housing are offered to buy the plot from the municipality or the state.

Buyout privatization is the payment of land plots at the cadastral price, which is more profitable than the usual purchase of a land plot.

Procedure

Privatization of a land plot for a private house after March 1, 2017 can be free or paid. Its implementation can be judicial and administrative.

For Russians, it is much more profitable to acquire property rights free of charge, but it is not always possible to achieve this from the state. A person has the right to submit documents for consideration free of charge if:

there is a residential building on the land plot;
the plot is equipped for subsidiary farming;
there is a dacha, and the adjacent plots belong to the citizen (as a rule, this is the right of perpetual use).

Where to begin

Registration of a land plot begins with an application to local authorities. You need to write an application to the relevant department of the municipality to acquire rights to the allotment with your home ownership.

Along with the application, the citizen must provide the following set of documents:

passport of a citizen of the Russian Federation;
title documentation for the land (for example, a lease agreement, an agreement on membership in SNT or an act granting the right to use the plot);
cadastral map for the land plot;
technical passport for the building, which is located on the land plot;
extract from the Unified State Register.

The municipality decides to provide the plot of land free of charge. He can consider the application for 2 weeks. In case of refusal, the corresponding territory is offered to be purchased.

How to apply

How to privatize land under a private house after March 1, 2017? Having received from the municipality the right to register land ownership free of charge, a citizen with this resolution needs to contact Rosreestr with the following papers:

statement;
documents that confirm ownership of the memory;
assessment of the cost of the site;
a certificate about the characteristics and size of the residential building on the land plot;
cadastral passport and plan;
extract from the Unified State Register;
the applicant's passport.

Documents are reviewed up to 2 weeks. If the decision is positive, the land owner receives ownership of the land plot.

If you do not have the desire and time to go through the authorities, you can contact an experienced specialist in the privatization of land plots. To do this, you must provide him with a power of attorney certified by a notary.

Price

Many citizens of the Russian Federation interested in privatizing plots are most interested in the questions of what the cost of this procedure is and its duration. Plots are privatized in accordance with the procedure established by the Land Code of the Russian Federation. According to it, citizens of the country have the right to purchase land free of charge, which is in their permanent use or received by inheritance, with the payment of fees provided for by federal legislation.

Privatizing land is a troublesome and costly matter, since preparing a cadastral passport, geodetic survey when determining the boundaries of an allotment, drawing up a cadastral plan, and inviting a specialist to evaluate the land are not free. Tariffs for these works are set by federal and municipal authorities; you can find the prices at the Land Committee. The price of each plot of land is different, so it is advisable to contact a specialist and find out in advance how much you need to pay for registering ownership of the plot, so that these costs do not come as a surprise.

Deadlines

To the question, until what year is it possible to privatize a land plot, we can safely answer – until December 31, 2020. Hurry up to take advantage of the “dacha amnesty” program!

Common problems

During the privatization of a plot, citizens often have a question: how to privatize a land plot if the title documentation for the plot has been lost?

In general, in order to transfer rights to land (especially for free), you need to prove your own rights to the site. This requires an extract from the archive or information about the land plot from the state real estate cadastre, since if registration was made, a record of this should remain.

A difficult situation also arises when, due to the passage of time or lack of documentation (for example, land was allocated by a long-liquidated organization), there is no confirmation of a citizen’s rights to land plots. Then the privatization of the plot under a private house will be carried out only by court decision.

This list goes on. Experienced lawyers of the Pravoved.RU portal will advise you on any issues, including those related to the cost of privatization of a plot and prohibitions on purchasing a plot of land. It is characterized as the transfer of ownership of state or municipal property to citizens. The object of privatization can also be land plots. Privatization of a land plot under a private house until March 1, 2016 was carried out free of charge, i.e. . This period was extended until 03/01/2018. After the expiration of this period, the privatization of state or municipal land plots will not be carried out free of charge.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how.

solve exactly your problem - contact a consultant:!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week

Reasons

It's fast and

FOR FREE
How is privatization carried out, and what is the legislative regulation of this process?
These include:
gardening, as well as;

lands that are provided with the right of free use;

lands that are the subject of a lease agreement;

The procedure and procedure for privatization are regulated in a number of legislative acts.

In particular, this procedure is regulated by:

Land Code of the Russian Federation;
Federal Law “On Privatization”;
Federal Law “On Dacha Amnesty”, etc.

The legislation states that land plots on which structures owned by citizens are located must be properly registered (for example, transferred on the basis of a lease agreement, etc.).

The Federal Law “On Dacha Amnesty” carefully regulates the privatization procedure. Without privatization, the owner of a private house cannot sell the land, donate it, or transfer it by inheritance. He can use these rights only after registering the land plot as his own.

The requirements of this legislative act apply to all regions and regions of the country, but still, before starting this procedure, it is advisable to coordinate all issues with the relevant government bodies.

Order

Many home owners are wondering whether privatization of a private house and land is necessary at all. In fact, this is the desire of the owner of a private house, but all lawyers and specialists recommend going through this procedure. After all, only after registration of ownership of the land can its owner fully exercise all the rights of the owner.

In addition, it is necessary to take into account the fact that a non-privatized land plot is state or municipal property, and after some time another legislative act may be adopted, and the owners may simply lose the non-privatized land plot.

The procedure for registering land plots as property is provided for by current legislation, and each owner must adhere to the established rules. First of all, you need to prepare the necessary package of documents. Of course, the package of necessary documents depends on the region where the land plot is located, as well as on the time of privatization.

For a certain category of citizens, preferential conditions for privatization may be provided (for example, for pensioners), which is why, before starting the privatization procedure, it is advisable to clarify all the nuances of this process with local governments

Where to begin

The privatization procedure must begin with the presentation of the appropriate application and a package of necessary documents. - the document with which this procedure begins. The form of this document can be obtained directly from the authority where it is submitted.

Along with the application, you must also present the required package of documents. But before submitting an application, you must first collect the entire package of necessary papers, which can be quite large. Moreover, before starting this procedure, you need to know that the object of privatization can only be those land plots that applicants use legally (for example, on the basis of a lease agreement).

After submitting an application, the relevant government agency makes a decision.

Required documents

Privatization of land for a private house requires a certain package of documents. However, the list of required documents depends on each case. But there is also a standard package of documents that all applicants must present.

Such documents include the following:

applicant's passport;
land cadastral plan;
documents that indicate the existence of the right to use this land plot;
certificates on the amount of the normative and estimated value of the land plot (the first document can be obtained from the Land Committee, and a certificate on the amount of the estimated value from the BTI);
a certificate from the Federal Tax Service on the amount of contributions to the state budget;
an extract from the Unified State Register of persons who have the right to use the land plot.

It is also necessary to present documents that indicate the applicant’s ownership of a private house.

Privatization of a land plot for a private house for two owners

In practice, there are very often cases when several private houses are located on one plot of land. This situation is especially common in old structures, the designs of which provide for the possibility of housing several families.

In such a situation, in order to privatize land, it is necessary to have the consent of all owners of private houses located on a given land plot. The privatization procedure in this case has some peculiarities. In particular, it is necessary to submit a joint simultaneous application on behalf of all owners.

In practice, there are cases when one of the neighbors does not give his consent to privatization: in this case, the second neighbor can file a claim in court and demand registration of the land plot as his property.

The land is registered as common shared ownership. Moreover, the size of the share of each owner of private houses is proportional to his share in real estate.

In such a situation, in order to privatize the land and determine the size of the share of each owner, additional actions and operations may be required (for example, land surveying). If one of the neighbors does not give his consent to carry out such operations and actions, then in this case he will have to formalize his refusal in writing.

Deadlines

Privatization is a rather difficult process that takes some time. In this case, it takes time not only to consider the application, but also to collect all the necessary documents and papers.

For example, for privatization, the applicant must present a certificate from the Unified State Register, to obtain which it is necessary to submit an application to the relevant government agency. On average, it takes 5 working days.

For privatization, it is also necessary to have a cadastral extract, obtaining which takes on average 7 days. In some cases, it may be necessary to carry out geodetic work, which takes several working days. In more difficult cases, such work may take longer.

Consideration of the application submitted by the applicant and the documents attached to it also takes some time. In particular, in accordance with current legislation, the relevant government body must consider the application and make an appropriate decision within 14 days from the moment of its presentation.

In some cases, an applicant may be refused due to an incomplete list of documents submitted. In this case, collecting additional documents also takes some time. In practice, many applicants are refused privatization. In such a situation, they can appeal the decision to refuse in court. This also requires additional time.

Arbitrage practice

In practice, there are very often cases when local governments unlawfully refuse free privatization, demanding a certain amount of money. In such a situation, the most correct solution is to appeal the decision to refuse in court. To do this, it is necessary to file a statement of claim with the court at the location of the land plot.

When drawing up a statement of claim, you need to be aware that this document must comply with certain legal requirements. If the brought claim does not meet these requirements, the court will not accept it for consideration.