How to arrange land in the property
Registration of the land plot into ownership is currently carried out on the basis of the main provisions of the Federal Law of July 30, 2006 No. 93, in some sources referred to as the “Dacha Amnesty Law”. This law provides for the use of a simplified procedure for the privatization of sites that are in private use. In addition, the same applies to the privatization of houses and buildings, the ownership of which arose no later than 01.11.2001.
However, this year, after the Federal Law of December 30, 2012 No. 302-FZ entered into force, some changes occurred in the field of registration and registration of real estate objects.
In particular, the innovations relate to the state registration of a mortgage, and also affect the procedure for filing documents on notarized transactions for state registration and the timing of this procedure.
State registration of ownership in the presence of title documents
Before you make registration of property rights of the land, it is necessary first to make sure that there are documents of title to this object. This category should include:
- Certificate confirming the ownership of the old-style plot (1992 or 1997).
- The economic book (at registration of the sites allocated for conducting a personal part-time farm).
- The act issued by the state authority on the provision of this object for use.
- Other documents that serve as confirmation of the right to own this property from a citizen who claims the right to it.
If these documents are available, the next step will be to appeal to the cadastral chamber to submit an application for issuing a cadastral passport of the land plot.
State registration of the property in the absence of documents confirming the right of ownership
In the absence of those, you need to contact the administration of the rural settlement in which the property is located, to submit an application for issuing an extract from the household book.This applies to land plots allocated to the property until 01.11.2001.
It should be noted that this statement must strictly comply with the requirements approved by the Federal Registration Service. The size of the land area is recorded with the words of the applicant.
Extract from the household book is the basis according to which this property can be put on cadastral registration with the issuance of cadastral extract.
Thus, the cadastral extract together with an extract from the economic book are the main documents on the basis of which the land is re-registered into ownership and state registration of this right.
The main stages of state registration of land
State registration carried out at the location of the property includes the following procedures:
- Submission of relevant documents. These include: a citizen's passport, as well as documents confirming the right of possession of the object, constituent documents, etc.
- Filing an application for state registration.
- Payment of state duty.
- Conducting legal expertise confirming the authenticity of the documents provided.
- Identify the absence of contradictions between the data specified in the filed documentation and the rights to the land plot, presented to him earlier.
- - Making an appropriate entry in the Unified State Register and issuing a certificate of state registration of rights to this property.
When contacting the state registration authorities, you must have the following list of documents with you:
- Cadastral passport of the land plot;
- An extract from the household book;
- Receipt of payment of state duty with a copy.
Changes in legislation concerning the registration of property rights
As noted earlier, at the present time, the terms in which land ownership rights were previously registered have changed somewhat. If until this year, the period of consideration of documents was one month, then at the moment, in accordance with paragraph 2 of paragraph 2 of article 6 of the new wording of the Law, the period of state registration of property rights is 18 days from the date of application.
In addition, the changes affected some of the powers of registration authorities. In particular, the verification of title documents accompanying the re-registration of a land plot into ownership is carried out somewhat differently. To date, the purpose of its conduct is to establish the absence of grounds for refusal of state registration, and not the legal force of the documents provided, as it was before.
Another important change related to the allocation of land in the property: now an application for state registration of ownership of it can be submitted electronically, using a special online form posted on the website of the Federal Registration Service.
You can sign this document with a reinforced qualified electronic signature.