In the first case, you must go through a long and tedious procedure ROW and permit the local council or local government administration, only after which the walk is in control of the State Committee for cadastral number and state certificates on the ground. Today we will focus on the second version of the acquisition of land ownership - based on civil law agreements on the alienation of land or on the basis of the certificate of inheritance. In this case, the process of registration of ownership is a little different. It is easier, faster but more expensive. So, it will be to acquire ownership of land on the secondary market.
Related article: In some cases, owners of land do not pay tax?The right of ownership shall be certified by the contract
In the first stage, the conclusion and notarization of a civil contract, to acquire land in the property (eg, sale, barter, gift, contract to satisfy creditors' claims, attached to the contract of mortgage of land). At the same contract as the mandatory application is intended to include state certificate of title the previous owner, and the duties of a notary is charged with affixing the mark on the transfer of ownership in accordance with the Cabinet of Ukraine developed the procedure.
Until the entry into force of the Law of 03/03/2009 Favored № 1066-VI, each buyer of land would draw on their name to the act of state ownership. With the passing of title to private plots confirms not only the act of state. Ownership of the land, acquired the property from private ownership of land without changes to the limits and purpose, now also a certified civil-legal agreement on the alienation of land in case of acquisition of title to land under such agreement, as well as evidence of the right to inheritance.
It should be noted that the Law № 1066-VI set a quota for affixing to the state act of ownership of land elevations on the alienation of land and registration of land rights.
How to get a mark on the state certificate
Paragraph 4 of the Ordinance of the Cabinet "On some issues certificates of land ownership" is determined that the territorial authority of the State Committee on the location of the land should make note of registration of title to land within 14 calendar days from receipt of the document on the transition of ownership to it .
Cadastral number in case of his absence is given parcel of land before putting a mark on the transition of ownership of the land after the resumption of its limits in nature (on ground) and secure their long-term land-marks on a standard approved by the relevant technical documentation, and entering data on the land in automated system of state land cadastre.
According to the Provisional Rules of Procedure, approved by the Order № 326 of the State Committee on 22.6.2009, the, the land owner shall submit to the territorial agency of the State Committee on the location of the land with the application the following documents: a civil contract on alienation of land in case of acquisition of ownership of the land under such agreement or certificate of inheritance, the state act on ownership of land (land) with a notary stamp on the transfer of ownership of the land.
Regional Authority of the State Committee on the day of receipt of the documents record the statement in the Journal of Applications and services provided by affixing a mark on the state certificate of registration of title to land in the Land Book. Then on the statement of the date of the mark registration and its registration number and, according to the customer service - for the second copy of the statement or copy of the application which remain a customer.
In the case of conformity of the documents within three calendar days from the date of filing territorial administration of the State Committee gives the customer a receipt for payment of issuance of the State act on the basis of a civil contract on alienation of land or a certificate of inheritance. You also need to pay and service for entry in the land registry and the entry in the database, the automated system of the State Land Cadastre.
Then the territorial authority of the State Committee sends the corresponding structural unit of the Center of the State Land Cadastre land owner filed documents and technical documents on land management in this area. Center for State Land Cadastre, in turn, verifies the received documents within seven calendar days and makes the appropriate entries on the new owner in the land registry and returns all documents to the territorial authority of the State Committee, which for four days to make public the act of registration of the mark ownership of land.
The owner of land on the same day shall provide copies of receipts for payment of issuance of state certificate and to implement all the above actions, then the territorial authority of the State Committee shall issue the owner a civil agreement, or certificate of inheritance, together with state certificates surrounding it mark.
The cost of issuance of the State act on the basis of civil-legal agreements on the alienation of land or a certificate of inheritance, as well as an entry in the land registry and the entry in the database, the State Land Cadastre is determined in accordance with § § 13, 20 and 23 Table 6.1 wages cadastre works and services approved by the joint order of the State Committee of Ukraine, Ministry of Finance of Ukraine and Ministry of Economy of Ukraine dated 15.06.2001, the № 97/298/124.
Making the State act on land ownership on the basis of notarized contracts of sale of land and a document about the payment, gift, inheritance, etc., worth 30 hryvnia for individuals, 50 hryvnia - for legal entities. Assign inventory numbers will cost the citizens in the amount of 5 to 25 hryvnia, businesses - from 60 to 80 hryvnia. Writing in the land registry for the State Land Committee will carry 10 and 30 respectively hryvnia. That is all this rigmarole in the State Land Committee will manage an individual maximum of 65 hryvnia.
As for the initial costs, then the contract of a notary will need to pay for his services, legal costs (the notary public) to pay tax on the income of the individual. Tax is paid by those who receive income: the sale of a seller, the donation and inheritance - the donee or successor. If this contract on alienation, which is compensated, will need to pay more and contribute to the PFC (1%).
Without paying all of the payments, or without proof of payment of the income tax notary will issue a transaction not. Also, if the contract specified underestimated price different from the current market, the notary may require or specify the actual price, or find another notary. Therefore, the notary to come to the assessment of land obtained from the State Committee, as well as with the certificate that the land is not in the pledge (it is not imposed a mortgage).