5 most common reasons for government refusals to register land for citizens

Receiving land from the state is an opportunity for a citizen to build his own country house, engage in gardening or open a profitable business.

However, on the way to the cherished dream, an obstacle often arises in the form of the state’s refusal to provide a plot of land.

Often the reasons for such decisions remain unclear and raise a lot of questions for applicants.

Land expert Tatyana Nova named the five most common reasons why the administration may reject an applicant's request and told what mistakes to avoid in order to obtain land without large investments.

Why do administrations refuse to register plots of land for citizens?

Decisions on refusal can be divided into lawful (when there are shortcomings on the part of the applicant) and unlawful (if the state body makes a mistake or incorrectly applies the law). Let's consider the most common legal reasons:

1. Errors in the CPT scheme of the plot. The most common reason for refusal is shortcomings in the CPT scheme (cadastral plan of the territory). For example, when the boundaries of the future plot go onto neighboring land that is already registered in the cadastral register.

Another mistake is an empty space between the future plot and the neighboring occupied territory, not designated as a road. This phenomenon is called striping and contradicts the principle of rational use of land.

Free space can only be left for access to the site, which must be marked on the KPT diagram.

2. Non-compliance of the plot size with the established rules. Refusal to provide land will be lawful if the dimensions of the future plot drawn on the scheme do not correspond to the established rules of land use and development.

For example, if the permissible sizes for individual housing construction (IHC) are from 6 to 20 acres, and the plan indicates 25 acres, then it will not be possible to obtain such a plot.

3. Inconsistency of the type of permitted use (TPU). Citizens are refused if the requested TPU of the land is not provided for in the given territorial zone.

For example, you cannot request a plot for individual housing construction on agricultural land, where only private subsidiary farming (PSF) on fields, gardening, vegetable gardening, livestock farming, etc. are permitted.

4. Incorrect application form. Typos, misprints, incorrect calculations, incorrect data or an incomplete set of documents – all these factors will be the reason for leaving the application without consideration.

5. The applicant has no right to receive a plot. The refusal will be lawful in the following cases:

• The applicant is under 18 years of age;
• He is not a citizen of the Russian Federation;
• The citizen's passport is invalid.

Only Russian citizens over 18 years of age with valid documents can expect to receive a land plot from the state.

What to consider to get a positive decision

Before registering land from the state, it is important to gather more information and prepare thoroughly. Here is what you need to do first:

1. Study the land use and development regulations in force in the region.

This is the main document that determines what type of permitted use is allowed in a particular zone, what size of the plot can be formed and whether certain restrictions will apply to it.

2. Analysis of the territorial zone in which you plan to form the site. Thus, not all zones allow the use of land for personal needs or for business. Therefore, it is necessary to study urban development maps and the general plan to make sure that the choice is correct.

3. Clarify special conditions for use of the territory.

If the property is located in a special use zone (SUCZ), you should understand how these conditions affect your options as an owner and what restrictions may be imposed.

4. Correct execution of the scheme and application

The KPT scheme must comply with the requirements approved by Rosreestr. It must indicate the coordinates along the X and Y axes with turning points numbered as H1, H2, H3, H4, etc. If such data is missing, the administration simply will not be able to understand where exactly the land plot is located.

It is important to write down the symbols and design them in accordance with the established regulations. In addition, all schemes according to the current rules are accepted only with the application of space images.

There must be access to the land plot, which must be indicated on the diagram, designating the road as a public area.

Also, be sure to study the application submission regulations in advance. For example, administrations in some regions accept applications only through the MFC or a personal visit, and not through the State Services portal.

Unlawful refusal to provide land

Unfortunately, sometimes the administration issues unlawful refusals. They may be related to an error by officials or an incorrect interpretation of the law.

For example, you are planning to build a house in a populated area where, according to the land use and development rules, individual housing construction is permitted and you have chosen a plot within the permitted size – 10 acres. But suddenly you receive a refusal with the wording that there is no such type of permitted use in the current rules. This is just one example of an illegal decision.

Often government agencies refuse to provide land, citing the lack of access to the specified territory if the road surface is not laid. But in reality it turns out that there is access, although the passage is not arranged.

It is important to remember that the law only requires the ability to get to the site. If you can get to it, even in rubber boots through a forest or field, then there is access, and a refusal on this basis is unlawful.

Unlawful refusals are not just mistakes, but a violation of citizens' rights, so it is important to protect your interests and seek justice when the law is on your side.

Fight or Surrender: What Is Wise to Do When Rejected?

If the refusal was justified, then it is worth eliminating its cause and re-applying. This is a reasonable way: by eliminating your own shortcomings and mistakes, you will probably receive a positive decision.

However, if the administration's verdict was unlawful, there is no point in wasting time filing a new appeal. The right way in this case is to appeal the refusal through the court. Here it is important to prove your case and obtain the land legally.

In addition, there is another reason to file a lawsuit. The date of receipt of the application by the administration is recorded and remains unchanged until the final decision on the issue. And when you win the court, since your claims are legal, the right to receive the plot will remain yours. Even if other claimants to the land appear, their applications will be suspended until your case is completed.

Thus, if you receive an unjustified refusal from the administration, you should not be afraid that the land will be occupied by others while you are challenging the actions of the state body. Your application protects your rights until the trial is over.

Trends in Land Registration: What are the Chances of Getting a Positive Decision?

Every year it becomes more and more difficult to obtain a plot of land in Russia. The situation is changing before our eyes: regions are issuing decrees on the approval of land allocation less and less often. The main reason is the increase in the number of applicants.

Today, administrations receive hundreds of times more applications than before. If once about 10 applications were received per day, now this number has grown to 100.

Despite this, success in obtaining land largely depends on the region. For example, in the Moscow and Leningrad regions, as well as in the Krasnodar Territory, the cost of land is high and it can be difficult to obtain it without bidding. Land relations specialists actively work in these regions, understanding that plots here are literally worth their weight in gold.

In less sought-after regions such as Cherepovets, Arkhangelsk or Murmansk Oblast, the process of obtaining land is simpler. Here, the probability of arranging a lease or ownership without bidding is high.

Administrations certainly seek to profit from the provision of land plots. When it comes to a good region where land is valuable, it is more profitable for a government agency to put the plot up for auction and then receive funds for rent.

At the same time, the current legislation simplifies the process of obtaining land plots. For example, the period for reviewing applications for notification has been reduced from 30 to 14 days, and the period for putting a land plot up for auction has been reduced from one year to 3 months. Such changes work in favor of citizens.

However, with the growth of cities and business development, there is less and less free land in Russia, especially in attractive regions. Therefore, now there is an opportunity to fight for a valuable asset for your future.

Of course, there is a risk of facing refusals, but this is not a reason to give up. Refusals are just a filter that separates those who are not ready to defend their interests in court. The sooner you start the process of registering the land, the more chances you have to get the desired plot.

• Related news:
• state
• refusals
• reasons
• design
• Earth
• 18 July 2024

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