Registration of land ownership is a mandatory procedure that has its own subtleties and rules. The first question that arises among owners of a piece of land is where to start, what documents are required and what needs to be done to reduce the time of the procedure? The answers to these questions vary depending on the situation, among which there are three main groups:

• if the land is inherited, received under a gift agreement, purchased or exchanged;
• if, for example, a plot of land under a house was previously the property of a municipality or state, and it needs to be privatized;
• if it is planned to transfer a plot of land to a new legal entity. person as authorized capital.

For each situation, there is a specific procedure for which step-by-step instructions will be given below.

Registration of ownership of land obtained as a result of the transaction

When the land was acquired under a purchase and sale agreement or under a gift agreement, a person wishing to register the land as private property must contact Rosreestr with the following package of documents:

• Application indicating the need to register the land. It is completed either independently according to a given sample, or by an employee of Rosreestr himself in order to avoid errors when drawing up the document.
• Land Owner's Identification Card . Or, if his representative works, a notarized power of attorney with an identification document of the representative;
• A receipt confirming payment of the state duty . Both a copy and the original document are required. The cost is 350 rubles in the case of registering property for personal business needs, otherwise 200 rubles, for legal entities - 22,000 rubles.
• Extract from the existing cadastral plan.
• Document on the transaction - agreement of gift, purchase and sale, exchange. As well as the consent of both parties to complete the transaction, certified by a notary.
• Certificate of acceptance and transfer of land.
• Documents provided by the previous owner of the land . This includes the identity card of the person alienating the land and a paper confirming the ownership of the land.

An employee of the Rosreestr branch will inform you about the timing of the procedure, after which you will be able to pick up the finished document.

What is state registration of land ownership?

State registration of property rights is a legally established process of officially assigning to the future owner of the land his 3 main powers: to own (actually possess), use (benefit from) and dispose of (decide the future fate of the site).

If a citizen or legal entity has a certificate justifying ownership of land, no third parties will have the right to take it away, since it legally belongs to them.

Transaction of purchase and sale, gift, etc. the plot will not be valid if the end result of the transfer of land to the recipient is not state registration of his rights.

Legislation on this issue consists of several legal acts:

• Constitution of the Russian Federation: in particular, Article 36, which guarantees the right of Russian citizens and associations to acquire land as private property.
• Civil Code of the Russian Federation: Articles 219 and 223 say that this right to real estate, subject to state registration, arises from the moment this procedure is carried out. Chapter 17 is devoted to the ownership of land plots.
• Land Code of the Russian Federation: the provisions of Article 25 speak of the mandatory registration of land rights in the prescribed manner. In general, this code is devoted to various options for the ownership of land objects by different entities.
• Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, which regulates in detail this process and requirements for applicants.
• Decree of the President of the Russian Federation No. 1847 of December 25, 2008.

The procedure for registering inherited land

Where to start registering a land plot received by inheritance? First of all, contact a notary to whom the application for acceptance of the inheritance is written.
This must be done within the time frame established by law - within six months from the date of death of the testator. He will issue a special paper indicating what documents need to be collected. At the cadastral office:

• Extract from the land registry.
• Cadastral passport, which indicates the amount of the market value of the land plot on the day of death of the testator.
• A certificate indicating the presence or absence of buildings on the site.
• An extract required when registering an inheritance.
• Document in Unified State Register Form No. 3, issued to the testator.

At the passport office

• A certificate indicating the last place of registration of the deceased.
• A document indicating your relationship to the testator, by which the right to inheritance is determined.

After receiving a certificate of inheritance, you need to go to Rosreestr to register full or shared ownership. The latter depends on how many heirs the deceased has, whether there was a will, and how the testator’s property was distributed according to it. If there is to be shared ownership, but the remaining heirs have renounced their share, notarized documents will be required confirming the renunciation of each share owner.

So, what is needed to register ownership of land received by inheritance:

• An application drawn up in Rosreestr according to the established template.
• Identity card - passport.
• Certificate confirming the death of the testator.
• A certificate confirming the right of inheritance obtained from a notary.
• Cadastral passport.
• A receipt for paid state duty, the cost of which without benefits is at least 2000 rubles.

Video: lawyer’s advice on how to register an inheritance for a land plot.

Registration of land ownership after inheritance

The law sets aside a 6-month period from the date of death of the testator so that all his heirs can declare acceptance of the inheritance. To do this, you need to contact a notary, write an application for acceptance of the land plot, the notary will open an inheritance case and issue a power of attorney to collect the following documents:

• In the Cadastral Chamber: cadastral passport with the cadastral value of the plot on the day of death of the testator (1 copy for the notary, plus the required number of copies for the heirs); extract from the land registry; a certificate confirming the absence of real estate on the plot of land;
• Extract from Rosnedvizhimost for registration of inheritance;
• Extract of form No. 3 from the Unified State Register for the testator;
• Make a market valuation of the land in any licensed organization. Provide an agreement with this organization and a certificate of market valuation;
• Certificate of the place of registration of the testator. Obtained at the passport office;
• A document confirming your right to inheritance (about family ties);
• If inheritance is carried out by will - a will with a notary's mark on the place of its execution;
• If the testator himself received the plot as a result of inheritance or gift - a certificate from the tax office;
• If the land is allocated for a dacha plot, you need the Charter of the dacha or other cooperative to which it belongs. In this case, a certificate from the Unified State Register of Legal Entities about this cooperative is required. You can take it from the tax office at the location of the land plot.

After 6 months, obtain a certificate of inheritance from a notary and carry out state registration of ownership of the land plot in Rosreestr, to do this, submit the following documents:

• Identity document;
• Cadastral passport;
• Certificate from a notary;
• Death certificate.
• Receipt for payment of state duty in the amount of 2000 rubles.

An employee of Rosreestr will set a deadline for you to pick up the certificate of ownership of the land.

Step-by-step instructions for registering ownership of the land under the house

This procedure is more complicated, since you will first need to contact the authority from which the land was leased and provide an application with an extract from the cadastral plan. After this, the issue will be reviewed within 14 days. Based on its results, one of three possible decisions will be made:

• provide the landowner with houses free of charge, according to the Land Code of the Russian Federation;
• provide a plot under the house for a fee;
• refuse to provide land.

When a land plot is transferred free of charge, the owner of the house is given a written decision.

In case of a paid transfer, a purchase and sale agreement is submitted for consideration, upon agreement with which the owner of the house pays the redemption price and registers the received land on the basis of the purchase and sale agreement.

To register you will need to provide:

• An application drawn up according to the established template.
• Receipt for payment of state duty.
• A purchase and sale agreement or a written decision of an authority on the free provision of land for private ownership.
• Identity card - passport.
• Extract from the cadastral plan for the land plot.

In general, privatization of a land plot if there is a house on it is much simpler if the applicant for the land has ownership of the house. On his side is Article 28 of the Land Code, which strictly regulates the list of grounds for refusal by government agencies. And they have no right to present another argument for refusal. .

How to register land ownership

05.08.2011 | 4932

First of all, this is a certificate of land ownership (state registration of rights). The certificate always refers to the document on the basis of which the right to the real estate object was obtained. These could be sales or donation agreements, inheritance rights, or a resolution of the head of the district.

If ownership of a land plot was obtained before October 30, 2001 under a document issued by a local government body in accordance with the legislation in force at that time, then the land plot must be registered in the cadastral register and the rights registered with the Rosreestr Office (formerly the Federal Registration Service). If the right is registered, then in the future, even if the documents are lost, your rights are confirmed simply by an extract from the Unified State Register of Rights (USRE) indicating the title documents. The extract received confirms your right to real estate and is sufficient to complete a transaction for the alienation of the plot. It must be emphasized that state acts, certificates and other documents issued to citizens or legal entities by the relevant body before the Law on Registration of Rights came into force (until January 31, 1998) are valid. The right to a plot can be confirmed by the following documents: - Certificate of title to land shares, and in the absence of documents - an extract from the decisions of local governments on the privatization of agricultural land. — Certificate of ownership of land. — Agreements on the alienation of plots, court decisions, certificates of inheritance, decisions (decrees, orders) on the provision of land plots. If you do not have title documents for the land plot, but have documents for the building, drawn up in accordance with the law, then you need to contact a land management (geodetic) organization to carry out land surveying. The fee for this service is determined in accordance with the agreement with the land management organization; the amount may vary depending on the urgency of the work. Surveyors will need to provide: - a notarized copy of the title document for the property (this could be a decree, a purchase and sale agreement or a gift agreement);

- for a gardening partnership - a copy from the general plan, certified by the seal and signature of the chairman (he also issues the document);

— technical passport of the BTI, if there is a registered building on the site;

— an act of coordination of boundaries with adjacent land users (it must be signed with neighbors on the land plot). Surveyors go to the site, determine the boundaries of the site, prepare a plan, and formulate land surveying. Next, the survey file must be transferred to the land committee in your area, where the documents will first undergo legal examination (for authenticity, absence of errors and inaccuracies). Then they should be transferred to the Cadastral Chamber (Federal Real Estate Cadastre Agency) for the purpose of entering information about the property into the Unified State Land Cadastre and assigning it a cadastral number. As a result, you must receive a cadastral plan of the land plot (extract from the state land cadastre) in triplicate and an order to provide the land plot for ownership or lease. Transactions with land plots can be made in simple written form (purchase and sale, donation) or certified by a notary. To carry out both transactions, the plot must be registered in the cadastral register. It must be emphasized that when making transactions in simple written form, there is no need to register previously acquired ownership rights with the Rosreestr office. If you decide to have the transaction certified by a notary, then in the absence of a certificate of state registration of the right, you must first register it. Once you have in your hands the cadastral plan of the site, title documents and a certificate of state registration of property rights, in order to carry out a transaction for the alienation of rights to a land plot, you will need to obtain a certificate from the tax office about the absence of land tax debts and an extract from the Unified State Register rights regarding the absence of restrictions and encumbrances (if you intend to make a notarized transaction). The extract is provided only to the owner or an authorized representative. After signing the agreement, the transaction is registered with the Federal Registration Service. We remind you once again that all land plots on the territory of the Russian Federation must be registered with the state cadastral register, as a result of which each plot is assigned numbers in accordance with the accepted classification. Only after this can a transaction with the land be carried out. The procedure for registering land rights, unfortunately, has been and remains a very troublesome and lengthy matter. If you do not have the opportunity or desire to spend a lot of effort and time, contact specialists. Document preparation departments of the real estate agency "Zhilfond": st. Frunze, 16 tel., st. Vatutina, 16 tel.4

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What lands cannot be registered as property?

Paragraph 4 of Article 27 of the Land Code and paragraph 8 of Article 28 of the Federal Law of December 21, 2001 indicate the types of land that cannot be registered as private property :

• Lands located in the forest or water resources and subject to special protection.
• State reserves and national parks.
• Territories where cemeteries are organized.
• Lands belonging to military courts located under the facilities of the RF Armed Forces.
• Lands in common use.

Registration of a land plot as private property is a rather labor-intensive process. But if you handle the process yourself, you can save on the procedure, since in most cases you will only need to pay a state fee in the amount of 350 to 22,000 rubles. If you contact offices offering their services for collecting documents, you will need to pay not only for their work, but also for drawing up a power of attorney, which must be certified by a notary.

Video: options and instructions for registering land rights.

How to register a plot of land as a property?

Registration of land under a garage, for a summer house, under a house as a property implies the commission of legal actions aimed at transferring ownership rights from the current owner to a person who wants to own a certain plot of land. Depending on which transfer method was chosen, it may be paid or free.

You can register ownership of a land plot in the following ways:

• Through a civil contract: purchase and sale, barter, donation, etc. This article will consider the most common case - a purchase and sale agreement;
• In order of succession;
• In the process of privatization. Look for the topic of registering ownership of a land plot through privatization on our website;
• In the process of using land on the basis of a lease agreement. This case will be considered using the example of an ownerless plot of land.

So, based on the above, the first thing you need to do to register land ownership is to decide on the method. The procedure itself, as well as the list of necessary documents, depends on it.

When planning to register ownership of a land plot, please note that there are restrictions regarding the land that can be transferred into ownership of an individual or legal entity.