How is love at first sight, and is unaccountable attraction to certain places. Let's say you liked the scenic wilderness, and you in whatever was decided to make his own, to build a house, kitchen gardens and flower ... Can this be done if the question: "Whose Land?" All answer: " Draw? It turns out that in some cases, to "privatize" a plot is realistic.
What is not forbidden is allowed
Strictly speaking, the "draw" the land in our country do not happen. If the site is not owned by a private individual or organization, it only means that it is owned by the state. And well, if you put vending does not apply to reserve lands, defense, forest, nature reserves or specially protected cultural or natural sites, because in this case on its acquisition and forget to think. Well, if not true, then "it is necessary to write a letter to the district administration about the desire to buy (lease) this site. Up to 1 ha area decides to take "- advises Timur Saifutdinov, Managing Director of the Department of Residential Property at Blackwood.
As described Ludmila Ezhova, CEO of Terra Real Estate, there are two ways of providing land for the construction of the property. The first option does not provide preliminary approval of location for the second to preliminary approval. "Preliminary approval of location is not out if the site is located in the city or any village - says Valery Lukin, head of the office of" Transfiguration "Department of suburban real estate company" Inkom-real estate. " - It is written in the appropriate planning documentation on building and land use regulations. And also in the case of providing land for agricultural purposes or land from the forest, or a citizen for individual housing construction, ancillary facilities ".
Option One: the harmonization
Providing the land for construction with preliminary agreement on the location looks like. First, the future owner wrote a statement in the state executive authority or local authority to choose the land and prior approval of the location of the object. It should be stated purpose of the object, estimated its location, the rationale for the approximate size of the land sought by the right to land. The application may be accompanied by a feasibility study of the project construction, or the necessary calculations.
Then you need to do the inventory work and put the land in the cadastre. "The plot can be considered formed or formed only when its boundaries are defined in the prescribed manner, and the land put on the cadastre, - said Vladislav Korablin, lawyer of" Yukov, Khrenov and partners. " - However, the plots in state or municipal property, most likely not formed, they have no boundaries, land surveying work performed there. All this should make the person who wants to become the owner of the land, and at their own expense. " Particular attention is paid to education section and town-planning regulations: The new site should not contradict him. So, for example, formed by the plot should not cross the boundaries of the locality or placed in several regional areas. When selecting the site should take into account the category that determines its specific purpose, and the territorial area in which the land, because not every category of building permits. Legislation, of course, admits the possibility of transferring some of the plots from one category to another, but this procedure is very complicated and lengthy.
Next cadastral plan is attached to the declaration of intention to purchase the site. "The list of other applications installed public authority engaged in regulating land relations - says Vladislav Korablin. - After submitting the application and documents by their expertise. The next step is to get permission and agreement to the redemption price (or price for the provision of the plot).
Denial of the privatization of land owned by the state (municipal) property is not allowed, except as provided in paragraph 4 of Art. 28 RF Land Code (for example, withdrawn from circulation), adds the lawyer. "The decision not to grant land for the construction may be appealed by the applicant in court - drew attention Ludmila Ezhova. - In case of refusal of recognition as invalid the court in its decision obliges the state executive authority or local authority to provide the land, indicating the duration and modalities of its provision. "
Finally, if all the steps successfully passed, the happy possessor of land is a contract of sale and the state registration of property rights.
Option Two: without agreement
The procedure for granting land for construction without preliminary agreement on the object location is as follows. First, again, work is needed to build the land, as well as in the previous case. Then the definition of technical specifications for connecting objects to the network engineering support and pay for it.
Then, the decision to hold tenders (auctions) or, if this is just a lease, of granting land plots without them. Valery Lukin told, it looks like. Within two weeks from the date of receipt of a citizen to grant a lease of land state executive authority or local authority may decide to hold an auction for its sale or the right to conclude a lease on it. It can also publish a notice of acceptance of applications for lease of such land showing its location, area and permitted use in a printed periodical. If after one month from the date of publication of applications have been received, the executive body shall decide on granting of land for housing to rent to those who originally wrote on his application. Land lease contract to be concluded with this citizen within two weeks after the state cadastral registration of this site.
The final step is to sign a protocol on the results of tenders (auctions), or the signing of land lease contract by giving the land without bidding.