Land market: in May paralysis?

10.04.2009 00:00
Parliament has made another attempt to restore order in the sphere of land relations, both simplify and cheapen the acquisition of rights to land. "Arial, Helvetica, sans-serif"> However, the profile officials and lawyers say that the new rules, by contrast, only activate tenezatsiyu areas and lead to the suspension of registration of land rights, writes "" " Arial, Helvetica, sans-seri.

State certif lose monopoly

May 2 will come into force a law under which a state act of ownership of the land will cease to be the only legal documentation. BP allowed to certify it, and civil-law contracts.

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If before the procedure for obtaining state certificate lasted less than a year, then the adoption of this document, the buyer will receive title to land at the conclusion of the sale.
Indeed, to date, the owners can not exercise their legitimate right to dispose of their property, ie sell or exchange it until you get your hands on a registered public act. At the same time, having no legal right to use land, he is forced to pay land tax on it.
In addition, so the developers are planning document to overcome bureaucracy and extortion in state certificate issuance. Indeed, in rural elderly people have once produced state certificate and paid the money for it.
And sometimes the situation arises when, after their death, the heirs of lack of time or funds do not engage in "tyagomotinu" conveyance of property. As a result - many areas remain orphan.

Land "leveled" with apartments and cars

According to the adopted law, state certif ownership of zemuchastok be attached to contracts for the alienation of the site in each case, their conclusions, and that the purchase, sale, donation and exchange.
The introduction of this mechanism, in fact, closer to the way traffic zemuchastkov operations with another real estate.
After all, buying a car or an apartment, the documents transmitted to him in carrying out the transaction the new owner. A contract of sale registered in the manner prescribed by law, constitutes a basis for ownership of it.
According to the adopted document, the state certif remains the only legal documents only in cases of acquisition of lands of state and municipal property. The new state certif will issue in that case, if you change the boundary of land.
Thus, the state certif becomes like a makeweight at the conclusion of the regular purchase and sale of land and passes from hand to hand at each regular transaction and does not need to restructure all the time.
This is certainly quite convenient, because the buyer will immediately become the owner of the land, rather than waiting for several years, making a new document, as it does now.
Until recently, the pending question was to what the minimum size can be "split" zemuchastok. Now it is clearly stated: the minimum size of plots for commercial agricultural production, as well as private agriculture is 0.25, for gardening - 0,04 hectares.
This will prevent partselyatsii - excessive fragmentation of the plot, which jeopardizes its intended use.
And one more, perhaps, the most painful problems, which is in zemotnosheny today - one act of state ownership of some land. Will now operate the system: one part - a single act, which will contain information on all transactions with the real estate.
This will remove the issue of state certificate of re-registration procedure in case of alienation by the owner of one of the sites in the preservation of the rights to others. However, with the entry into force of the law the person who owns a few plots, would have first to issue state certif for each of them, and now only after the sell.
Certainly, the idea of the law laid down quite robust and place a lot of things in their places. However, in the profile department consider it premature to the adoption. So, after the passage of this bill BP in the first reading, the deputy head of the State Committee Anton Tretiak argued that legislative approval of this rule will lead to even greater "tenezatsii" land market.
"While in Ukraine does not work the system of state registration of property rights, functioning with the system goskadastra land until it can not be done", - said the official. SLC then announced his intention to bring forward their proposals to the relevant committee of BP.

Rest we can only dream of?

On the one hand, the law does solve many problematic issues, among which more and permanent problem of lack of state certificate of registration and regulation of terms of land rights. However, raises a number of new ones.
In particular, its adoption, according to Natalia Dotsenko-Belous, a lawyer Vasil Kisil & Partners, instead of simplifying the acquisition of land ownership can lead to the opposite effect.
"Order of registration of rights to purchase land with putting a mark on the certificate has not been determined, and may be that he will not be approved until May 2, leading to the suspension of registration of rights to acquire land," - said the lawyer.
Ordinary owners zemuchastkov its adoption by the need to threaten state certificate exchange the old model for new (not received the document a new form of the site owner simply can not sell it), which will develop and approve the Cabinet. After a state certificate in force today, to make any notes you can not.
And the law provides that at the conclusion of the sale the notary makes a mark on the next owner of the site. At the same time, a new form of state certificate must be approved by Cabinet, but so far it does not.
In addition, there is no clear explanation as to how the replacement will be carried out attacks, and passed the procedure of obtaining know that "pleasure" is questionable and is not free.
The answer to the question we must still change the citizens to urgently act or not, according to N. Dotsenko-Belous, will be received after the approval of Cabinet regulations on the exercise of the mark.
And in the State Land Committee (at least in the face of the head of advisory group to the head of department Lyudmila Kolodyazhni) refused to clarify the situation, referring to employment.
It is hoped that this time the officials would show lightness and resolve all these issues. Otherwise conduct any land transactions after the entry into force of the law will be impossible.
Content tags: land Legislation
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