The main of the new Land Code of the Russian Federation
- Municipal structures (township, village, village) are now land owners with the right of sale;
- The auction for the sale of a plot is initiated by the owner of public law property (federal, regional or municipal);
- Buy "directly" the administration has a land plot for the construction of an individual dwelling house (IZhS) within the borders of a settlement now impossible, only through a public auction. But in October 2018, the Moscow mayor’s office approved a list of land plots for individual housing construction, which can be acquired without participation in tenders. It is reported by the press release of the department of city property;
- It has become possible auctions for the sale of municipal sites that are not listed in the cadastre at the request of citizens.
In other words, new land plots came into circulation, and in order to buy land, you no longer need to contact the administration of the city or district center – just contact the administration of the settlement in whose territory the plot is located.
Who can buy land from the state
To have a preemptive right to buy and buy land from the state at the lowest possible price, you must fulfill one of the following conditions:
- On a leased land plot for individual housing construction or private farms, build and put into operation a residential house, knowledge or structure. Redemption of the land plot under construction from rental to ownership will cost only 1.5-3% of the cadastral value for municipal land and 15-20% for urban land;
- To buy land from the administration of a rural settlement, it is most advantageous to become the head of a peasant farm (KFH). The cost of redemption will be determined at the discretion of the rural administration and is likely to be close to the cadastral one, or lower;
- On the land provided for agriculture for more than 3 years, faithfully fulfill the terms of the lease;
- To buy land from the state, to which you have no relation, you will have to win an auction for the sale of land. The initiator of the auction can become oneself, or become a participant in an auction already initiated by the district administration or another legal or natural person (more on this below);
Ways to buy land from the state
- Buy land from the state for the construction of houses (IZhS) is possible only through bidding (auction). The easiest way is to track information about new auctions on the website of the district Administration, in publications of local media (newspapers, magazines, etc.), as well as on the website
Please note that from March 2015 it is not possible to use more than one land plot in one lot. This excludes from the practice of insanely expensive lots, with a price that is too heavy for ordinary citizens.
Step-by-step instructions for buying land from the state
Step 1 – Find a Free Municipal Site
We have to find a publicly owned land plot that has already been formed, but is free from development. To do this, open a public cadastral map of the RosRestra:
Next, go to the “Services” tab → select the “Online help for real estate property” section:
After that, at the bottom of the page, click “Generate a request” and click on the link indicating the site:
As a result, the reference page for the land plot will open, where we are interested in the field "Rights and restrictions":
Unfortunately, the public land plot that we found turned out to be first on lease, and then sold on mortgage. We’ll have to look for another option.
For advanced users, there is a way to programmatically process the cadastral map to search for municipal land on it – the free program “ARGO”. There is a remarkable feature “Download data on the cadastral quarter”. As a result, you get an Excel table with a list of all land plots and their parameters, including the columns “Form of ownership” and “Rights and restrictions”. When using this software, it makes no sense to climb in the PAC and each time wait for the data to load – everything became fast and local.
Step 2 – make sure the plot is publicly owned
When a land plot with the above parameters is found, I advise you to document in document the absence of a private owner or tenant. RosRegister provides information about owners only on a paid basis. But if the land is still owned by someone, but the information on the cadastral map (as is often the case) has not yet been updated, you will save at least a month waiting for a response from the administration.
The RosRegister sends statements about the presence of the owner within 3 working days (there are delays). If you want to get information faster, I recommend ordering statements directly through the API RosRestra – so you will receive the finished document within an hour. The cost is the same – 250 rubles, these official data are from the Register of Russian State Register of the Russian Register of Economic Registers and are confirmed by a digital signature of the registrar (EDS).
The rightholder is indicated in section 2 of the extract from the USRN. The section is called “Information on registered rights” and if the rights to real estate are not registered in the Unified State Register of Real Estate (and we need it), then in section No. 1 in the column “Special Notes” it is indicated – “Information required to complete the section 2 are missing. “
Part of the extract from the USRN, which I recently ordered through the API RosRestra
After you have found the formed municipal memory and documented that he has no private owners or tenants, go straight to submitting an application to the auction (step 6).
If it was not possible to find a suitable storage device in public property, then go to step 3.
Step 3 – order a plot of land
When it’s impossible to find a decent public land plot, you can initiate an auction for an unregistered cadastral site outside the city. To do this, open the Rosreest map → choose the municipal district of interest to us (village, village, etc.) → we find a territory free of cadastral marking (for example, lands of settlements near residential buildings) → order the layout of the land plot (SRZU) in the cadastral plan of the territory ( CBT):
An example of not formed municipal land near residential buildings
Order the layout of the land can be without leaving home. For this, I recommend the Guarantor service, which sends a document ready for approval of a purchase within 2 days. The cost is 1990 rubles, these are official and compiled by the cadastral engineer (License No. 52-11-320) in accordance with Resolution No. 762 of the Ministry of Economic Development of Russia.
The layout of the land, which I recently ordered through the guarantor
Step 4 – Apply for the approval of the scheme and the provision of memory
When the layout of the new land plot is in your hands, go to the administration, on the territory of which this memory is located, ask the land secretary for the office and write two statements to the head of the municipality: "On approval of the layout of the land on the cadastral plan" and statement "On the preliminary approval of the provision of land"which gives a start for the organization of bidding. Attach a layout and a copy of your passport with a residence permit to the application.
The term for consideration of applications is up to 30 days. During this time, the Administration publishes in the press and on its website information on the creation of an auction for the sale "your his" site and collects bids from those wishing to participate in this auction. Further 2 scenarios are possible:
- If there are other potential buyers, the administration will independently put the land plot you have found on cadastral registration and prepare an auction for its sale. In this case, it remains only to directly participate in the auction initiated by the administration (more details below). But there is another, more profitable scenario.
- If no one except you will claim the plot, the Administration will offer you to independently put the land on the cadastral registration. In return, you will receive a signed by the head of the administration "Decision on approval of the layout of the land", a plus "Decree on the preliminary approval of the allocation of land from public property without bidding".
Step 5 – put the plot on cadastral registration
So, if you managed to get the “Resolution on the approval of the land plot layout scheme”, then again go to the cadastral engineer. Now it will be required from him: a cadastral passport, a boundary plan, and the cadastral registration of the newly formed land plot.
The right to survey and compile technical documentation has a licensed cadastral engineer who is in the official guild of engineering surveys and geodetic works. The exact shape and size of the site on the ground is determined by the device associated with the Russian Register in accordance with the decision of the Ministry of Economic Development of Russia No. 921. The cost of services from 5 to 20 thousand rubles (curled from the region).
Within 14 days after payment, the land will begin to be displayed on the public cadastral map of the RosReestr and you can proceed to submitting an application for the allocation of memory from the property of the municipality.
Step 6 – Apply for Land Allocation
After putting the site on the cadastral registration, we again go to the settlement administration, take the form from the secretary and write in the name of the head "Application for allocation of land from municipal property without bidding". At the same time, the application must specify the cadastral number of the site, attach the location map, the Decree on preliminary approval and the cadastral passport.
Since, besides you, no one has submitted applications for participation in the auction, the administration decides on the alienation (sale) of land from municipal property to the initiator of the auction (that is, you) at the price set by the administration, but not higher than the cadastral value.
Step 7 – conclude a purchase and sale agreement with the Administration
If the price suits you, then within 30 days the administration prepares the contract of sale and sends it to you by mail or sends it in person. Another 30 days is given for the study and signing of the contract. Then the signed contract must be transferred to the municipality and pay the balance specified in the contract amount according to the provided details (non-cash).
On the basis of the purchase and sale contract signed by both parties, the land plot is made into ownership in the RosReestr. 14 days after the submission of documents for registration of rights, you will be entered into the USRN and listed as a new owner.
How to buy land from the administration through an auction
If there are other buyers on the land plot you found, or you decide to participate in the auction organized by the Administration, then I suggest that you become more familiar with the bidding procedure.
A land auction is a typical procedure that you should not be afraid of. The fundamental legal basis for bidding contains the Civil Code of the Russian Federation. Based on its norms, the provisions contained in the Land Code of the Russian Federation have been developed.
The auction looks like this:
- 10 days before the start of the auction you will receive from the Administration a written notice of the auction. To participate in the auction you will need to make a deposit in the amount of 100% of the initial price (non-cash) .;
- At the appointed date and time, all persons interested in purchasing will be gathered in the hall for meetings of the Administration, or in another place indicated in the notice;
- Then the auction starts. The cost of the lot (land plot) at the land auction will be determined during the bidding between the participants. The initial bid and bidding step is set by the Administration. The one who offer the maximum price and become the new owner of the land.
Previously, the cost of land at auction could "warm up" higher than the market, but now the maximum limit is legally defined by the cadastral value – it is impossible to set the price higher Article
Does the deposit return in case of loss at auction
According to article 448 of the civil code of the Russian Federation "Organization and bidding procedure"Part 5 – bidders make a deposit in the amount, in the time and manner specified in the notice of bidding. If the auction did not take place, the deposit is subject to return. The deposit is also returned to persons who participated in the auction, but did not win them.
When concluding an agreement with the person who won the auction, the amount of the deposit made by him shall be counted towards the fulfillment of obligations under the concluded agreement. Obligations of the organizer and bidders to conclude a contract of sale can be secured by an independent guarantee.
How to buy land from the state for business
A legal entity may buy land from the state for business if it fulfills one of the conditions:
- Planned integrated development of the territory and construction of a residential complex (preferably economy class);
- It is planned to build a significant social or cultural facility;
- The dacha is in common use;
- The plot is purchased for the management of the peasant farm (KFH);
- There is already a plot for a farm in the lease;
- Legal entity conscientiously used agricultural land under the lease agreement for more than 3 years.
In addition, in August 2018, the President signed the Federal Law on
I propose to consider the purchase of a land plot from the administration on the example of a car wash, but the procedure is the same as when buying a land plot for any other commercial type of activity (shop, warehouse, office and
How to buy land from the administration under the car wash
- We open a public cadastral map of the RosReestr.
- We find the formed land plots with the designated purpose – the land of settlements, the VRI – industrial use / for the needs of vehicles / roadside service / parking (legislation – Art. 88, 90 RF LC) (free will be highlighted in yellow). If the plot is marked as public property, then we copy its cadastral number and order an extract from the USRN on rights and restrictions.
- Having documented that the land is in public ownership and the desired destination, we submit an application for the allocation of a land plot (we initiate an auction for the sale of a land plot from municipal or regional property) to the executive body engaged in the distribution of land plots (DIZO, municipality – administration).
Additionally, in each region there is a special institution called the State Property Fund, where you can view information about the planned bidding for municipal land for business and participate in it.
Sometimes it is more profitable to issue a land plot first to an individual within one tax period (year), and then resell to a legal entity. Such transactions are not subject to sales tax and help to avoid "valokit" with the transfer of rights from the state (municipality) to the legal entity.
How to buy land from the administration of SNT
In accordance with
- the land plot is formed from the land plot provided before the date of entry into force of this Federal Law for the conduct of gardening, horticulture or dacha farming of the specified association or of any other organization in which the said association was created or organized;
- by decision of the general meeting of members of the specified association (authorized representatives meeting) on the distribution of land plots between members of the specified association or on the basis of another document establishing the distribution of land plots in the specified association, the land plot is allocated to this member of the specified association. There is no decision of the general meeting of members of the CNT on the distribution of the garden plot of land.
Please note that land plots with the type of permitted use of “Maintain Horticulture” are provided only within the boundaries of garden associations (SNT).
- Buying a land plot for individual housing construction from the state is not only profitable, but also safe. However, finding a municipal property suitable for construction or business is not easy;
- In addition to free public land I recommend to pay attention to the land of the former collective farms. If the collective farm land has already been divided into shares, then it is more profitable to buy land from villagers – former members of the collective farm. Not all of them use land and may be ready to sell their share for a small price. Perhaps this option will be a way out for those who fail to buy land directly from the state. It is a pity that the share land, mainly for agricultural purposes.
Hello! Tell me, please, 1) is it possible to “saw off” a piece of land already on the cadastral registration and, accordingly, delimited? 2) why on the cadastral map of the Russian Register there is a dash in some lands in the category, there is also no information in the form of ownership and in the permitted use. Is this land owned by the state?
Good afternoon, Alexander, in accordance with Art. 98 of the Land Code of the Russian Federation to land for recreational purposes are land designated and used for recreation, tourism, physical culture and sports activities of citizens. Section 2, Art. 98 of the Land Code of the Russian Federation establishes the composition of land for recreational purposes, which includes land plots on which rest houses, boarding houses, campgrounds, physical culture and sports facilities, tourist bases, stationary and tent tourist and recreation camps, children’s tourist stations, tourist parks, educational facilities are located. hiking trails, tracks, children’s and sports camps, other similar objects. Section 5, Art. 98 RF LC prohibited activities that do not correspond to the intended purpose of such a memory device.
Conclusion: Lands of recreation are intended for the health functions of both citizens and the preservation of natural properties, you can build on them, but only what is specified in Art. 98 RF Code.
Good day! I have a few questions regarding the purchase of land from the state through an auction. Most likely we will be the initiator of the auction. There is no suitable plot on the cadastral map, so we will most likely form it ourselves. 1) Is the deposit paid back to participate in the auction if the auction is lost (100% of the initial price)? 2) the article states if there is only one bidder (the initiator himself), the administration decides on the transfer of ownership to the initiator of the auction. BUT just the other day, a result was published on the auction site (at the auction in the area that interests us) that the auction was declared invalid due to the fact that one application was submitted to the auction. (there is a screen). The question is – in this case, the auction was canceled, the administration was the initiator of the already formed section? or who the initiator does not depend on here – if the bid is one, then the auction is considered to be failed? 3) in the article it was stated that at the auction the maximum limit was legally defined by the cadastral value – it is impossible to set the price higher. Suppose 2 bidders make bets, the maximum cadastral value of a plot is 1 million, a step of 30 tr, I make a bid of 970 tons, the second puts 1 million and automatically wins the auction? It turns out that the gain here depended on the conditional order.
Good afternoon, Svetlana, if we are talking about agricultural lands outside of the settlement, then the legal concept, composition and features of the use of such lands is enshrined in Chapter 14 of the Land Code of the Russian Federation. According to Art. 79 RF LC These include: Agricultural land – arable land, hayfields, pastures, deposits, land occupied by perennial plantings (orchards, vineyards and others) – as part of agricultural land have priority in use and are subject to special protection. The turnover of agricultural land is regulated by the Federal Law “On the turnover of agricultural land” Purchase and sale, lease and other legal transactions with agricultural land. appointments are tightly controlled and regulated by Chapter 2 of the Federal Law “On the turnover of agricultural land. appointments
If we are talking about a part of the agricultural purpose plot within the precincts of the settlement, then such sites are called PFs, regulation of this category of land is carried out by N 112-ФЗ “On Personal Subsidiary Farm” and the RF Land Code; to transfer to the individual housing construction to build a house on them, as well as to share the data of the memory device without violating the minimum sizes assigned to such sites. If we are talking about the purchase of a part of LPH ZU, then it will be at the discretion of the owner, the law does not contain the obligation to divide such sites for leasing or ownership.