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How to get land from the state in 6 months
25.08.2024 10:00
Not many of our citizens know that they can receive a plot of land from the state.
And those who have heard about such an opportunity are sure that they will not be able to pass the long “bureaucratic puzzle” and that their chance of success is close to zero.
In fact, the procedure for registering land is not that complicated if you break it down into separate steps and put the information on the shelves.
Land expert Tatyana Nova shared strategies for obtaining a plot of land from the state, talked about potential obstacles and how to wisely avoid them.
Where to find free government land
Every citizen of the Russian Federation who has reached the age of 18 has the right to claim state land for ownership or lease. The location of the plot does not depend on the region of registration of the citizen, but you should choose land where you will be able to come.
You can find a plot of land that can be leased or owned yourself using the following resources:
- Kadastr.ru application (if you are looking for land from your smartphone);
- Public cadastral map (if you are using a computer).
Here you can find free, undivided land plots. The main thing is to set up the application correctly, namely:
- Go to settings;
- Find the "Layers" item;
- Select "Space images" and activate all checkboxes, including "Red lines".
These red lines on the map indicate areas that have a cadastral number and certain boundaries, i.e. already formed. This means that everything beyond them is free land.
When searching for your future plot, first determine for what purposes you need it. For example:
1. Build your own residential house. This can be done not on any land, but only on land where the type of permitted use (PRU) allows it. Namely, “IZhS” or “LPH (personal subsidiary farm) on household plots”, as well as SNT and DNP lands with the status of “gardening” or “dacha construction”.
Thus, lands of individual housing construction and private subsidiary farming on private plots are always located in populated areas. This is where they should be looked for on the cadastral map. In the application “Kadastr.ru” these zones are most often marked with pink “fog” (however, in some cases it may not be displayed). If we are looking for lands of SNT and DNP, then they are located outside this “pink fog”, that is, outside populated areas.
2. If you only want to engage in personal subsidiary farming without constructing a capital building, you can select plots outside the boundaries of a populated area with the permitted use of “personal subsidiary farming on the field”.
Sometimes occupied plots may be owned by public-law entities and registered in the cadastral register. They can also be claimed if they are put up for auction or are being prepared to become a lot for participation in an auction. In this case, the administration determines the terms of their lease or sale.
What else should you consider for your future land plot:
- Is it possible to install plumbing, electricity and gas?
- Availability of quality roads. Access should remain available in any weather.
- Is there infrastructure (shops, medical facilities, the ability to easily get to schools, kindergartens and work);
- Are there any zones with special conditions for the use of the territory (ZOUIT) within the boundaries of your future plot, since, for example, if power lines pass through the plot, restrictions and encumbrances will be imposed on the use of the land.
To be sure that you will be able to realize your goals on the site, study in advance the local land use and development regulations, urban development maps with ZOUIT and the general plan.
How to design a plot: strategies
There are different strategies for land registration: some involve participation in an auction, while others involve preliminary approval of the provision of a land plot without holding an auction. Let's look at some of the available procedures:
1. Obtaining land without bidding – private household plots on the field
The legislation allows citizens to obtain land for private farming (PF) outside the boundaries of a populated area without bidding.
Of course, you won't be able to produce crops for sale here, because the goal must be personal, not commercial. You won't be able to build a house either - it is prohibited to erect capital buildings on such lands.
However, on such land you can, for example, grow food for yourself and your family. In addition, after leasing, you can buy out this plot of land for yourself: either after 3 years, or immediately after concluding a lease agreement in accordance with RF Government Resolution No. 629.
How to register land:
1. Find a free area using the method described above;
2. Come and see for yourself what the area is like and what surrounds it;
3. Order and receive an extract from the Unified State Register of Real Estate;
4. Develop a CPT (cadastral plan of the territory) diagram, mark the coordinates, area and boundaries of the site there.
It will take you about 1-2 weeks to complete the first 4 steps. But everything will depend on how much time you need to go to the site and draw the CPT scheme.
5. Submit the CPT scheme to the local administration along with the application. Here you will need to wait for a response within 30 days.
If in the future you plan to transfer the intended use of this site to another, it is important to make sure in advance that such a transfer is permitted by law, in particular, local land use and development regulations.
2. Preliminary approval of the provision of a land plot - individual housing construction or private subsidiary farming on private plots
In the latter case (when the intended use is a private household plot on private land), you can not only build a house, but also engage in private household farming, for example, raise chickens, plant a garden or vegetable garden.
How to get such a plot? First, as in the previous strategy, you need to find an undivided plot of land, draw a KPT scheme and submit it to the administration along with an application.
If you have correctly identified the intended use, correctly drawn the diagram, determined the dimensions of the future plot, and if it is really free, then the administration is obliged to offer it to other potential applicants by registering it as a notification.
For this purpose, the CPT scheme is published on the administration website, on the website torgi.gov.ru and in the local newspaper.
As for the timeframes, in addition to the time of searching for a plot, filing an application and waiting for a response, you need to add another 2-4 weeks for the process of putting the plot up for notification and 30 days for the publication itself.
If no one has submitted an application to participate in the auction within the period of publication on the notice, the land plot is provided to the first applicant upon preliminary agreement on the provision of the land plot.
In this case, the person must independently register the plot with the cadastral register. To do this, within 2 weeks, the cadastral engineer prepares a boundary plan and issues it on a disk. This disk must be provided to the MFC to register the land plot with the cadastral register. This takes another 1 week.
After this, you need to wait 3-4 weeks until the cadastral value of the land plot appears, and then submit an application for the preparation of a lease agreement. The administration prepares it within 20 days, after which the agreement can be signed.
However, if someone else becomes a claimant to the land, then the next stage begins: the administration puts the plot on cadastral records and puts it up for auction, determining the starting price and the auction step.
The timeframe in this case may vary depending on the speed of procedures within the authorities of a particular municipality. For example, somewhere it will be one month, in another place – up to six months, and if the municipal authority has no budget, it may reach one year.
In the latter case, you can speed up the process by offering the administration to independently finance the cadastral registration of the land plot you want to purchase.
In an ideal scenario, if there is a budget and the site is registered in the cadastral register within a month, the cadastral value of the site appears and the administration makes its assessment and initially determines the price to put up for bids. After that, within a month you can apply to participate in the auction.
After the date and time of the auction is announced and the winner is determined, it will take another month to sign and register the contract.
Thus, if the plot is transferred to you by prior agreement on the provision of a land plot after it was on notice and no one has submitted an application, then the procedure takes approximately 6-7 months.
If the land is provided through auction from scratch, it will take from 32 weeks or 7 months.
To register such a plot as property, you need to build a capital residential building there, register it and submit an application for land redemption. The redemption percentage is different in each region. You can find it in the Resolution on the redemption value adopted in your region.
3. The procedure for registering a land plot without bidding - gardening
In this case, the land can be leased without bidding in the locality and beyond its borders. The advantage of this strategy is that the rent for such lands is usually not high.
However, such lands can only be used for gardening. Building a residential building here is prohibited.
In some cases, it is possible to transfer the intended use of a plot to another one - for example, to individual housing construction, which allows the construction of capital residential buildings, if this is permitted by the rules of land use and development.
4. Strategy for obtaining land ownership for free
On the lands of a gardening non-profit partnership (SNT), you can build a house and register it as residential if these lands have the permitted use of “gardening”.
The strategy is attractive because you can get a plot without bidding and immediately into ownership for free, if the SNT was created before 2001 and there are free plots in it.
To do this you need:
- Join the SNT;
- Contact the chairman to secure a vacant plot for you;
- Pay membership fees;
- Register the land with the cadastral register;
- Submit an application to the administration to register a land plot as your property free of charge.
5. Individual housing construction: purchase or lease at auction
A plot for individual housing construction, which has already been formed by someone, can be purchased at auction. How to do this?
Step 1: Find a suitable ready-made lot
To find out which plots are available, go to the website torgi.gov.ru and find the existing lots that are offered for participation in the auction.
Find out where the plots listed on the site are located, what their starting price is, and what the terms of sale or lease are. It is important to understand what plot you need and for what purposes: size, location, permitted use, availability of utilities and infrastructure, etc.
Step 2. Registration
To participate in the auction, you must create an electronic digital signature, register on the site where the auction is held, submit an application, provide the necessary documents and make a deposit.
Step 3. Participate in the auction on the date and time specified by the auction organizer
Step 4. If you are the winner of the auction, sign the contract
The winner signs a contract with the administration, under which the plot will be leased, and pays the remaining amount. The price is often significantly lower than the market price, thereby attracting many people wishing to obtain the plot.
Step 5. Register the lease agreement with Rosreestr.
The time frame for receiving a plot depends on how quickly the auction is held and how long it takes to sign and register the contract. On average, it can be 2-3 months.
Knowing the basic strategies for land registration helps to save a lot of time and money. The main thing is to carefully study the legal norms and rules and follow them in order to use your future plot of land to realize your dream of your own home or farm.
