How to register land under a two-flat residential building without the consent of neighbors

If you think that a plot of land is the land next to your house up to that road, you are wrong. As scientists say, let's define the concepts. A land plot is a part of the earth’s surface that has boundaries and size established in accordance with the law (Article 36 of the Housing Code of the Russian Federation).

Today we will tell you how to register such a plot of land for an apartment building.

Land plot as part of the common property of the MKD
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Determine your benefit

Complete instructions for registering a land plot with illustrative examples were presented on September 27 at the webinar “Registration and maintenance of a land plot” by Elena Shereshovets.

She advised that before starting work, choose the house for which they will be carried out and answer a few questions for yourself.

Determine what legal status the land plot has today. Analyze how beneficial this will be for you. If you have come to the conclusion that registering a land plot is beneficial for you, develop an action algorithm:

choose who will deal with the problem, determine his powers;
designate an executive body that will help carry out the work;
understand when the moment of transfer of ownership comes - from that moment you will have new rights and obligations;
determine the size of such area;
analyze possible difficulties and ways to solve them.

The most important thing to do first is to determine the size and boundaries of the land plot in order to clarify its legal status.

Get information on the Public Cadastral Map

The most convenient way to find out the legal status is with the help of the Public Cadastral Map on the Rosreestr website: you will receive an unambiguous report from the government body on whether the land plot under your apartment building has been formed.

To get information, go to the Public Cadastral Map page, select your city and enter your address. Or, if you know the coordinates of the house on a geographic map, indicate them.

Having found the area of interest, click on it. A window will open in which all available data will be collected: exact address, area, cadastral value, form of ownership, legal status of the land plot and others. The status of a site refers to its category and type of permitted use.

This data must be verified by ordering an extract.

In addition to referring to the Public Cadastral Map, there are several other ways to find out the legal status of a land plot:

request information from local authorities,
obtain information from the Office of the Federal Service for State Registration, Cadastre and Cartography.

Any owner of apartment buildings, a group of initiative owners, a management organization or TSN can make a request.

If the plot has already been formed and registered with the cadastral register, it passes free of charge into the common shared ownership of the owners of the premises in the apartment building.

Land plot under a blocked building
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Common land, or

Residents of the private sector quite often ask about how to register ownership of a plot of land for a two-apartment house. This procedure can be performed in two ways, so you can choose the one that is most profitable and acceptable for you. If the right to a residential premises (apartment, house) is registered, but the right to the land plot underneath it is not registered, the Rosreestr Office for the Perm Territory recommends doing this for several reasons: a plot with a legal structure can be privatized (provided free of charge), or must be purchased owners, or a lease must be issued for it (clause 3 of Art.

28 of Federal Law No. 178-FZ of December 21, 2001

“On the privatization of state and municipal property”

.); the use of a land plot without duly executed land title documents entails administrative liability in accordance with Art.

Form a plot of land

If the land plot is not formed, seek help from:

How to register ownership of a land plot under an apartment building?

The land plot on which the apartment building is located, with elements of landscaping and landscaping, other objects intended for the maintenance, operation and improvement of this house and objects located on the specified land plot belongs to the owners of the premises on the right of common shared ownership (clause 4, part 1, article 36 Housing Complex of the Russian Federation).

Note. You can obtain information about the fact of the formation of a site under an apartment building and its cadastral registration on the public cadastral map on the Rosreestr website.

To register ownership of a land plot under an apartment building, we recommend following the following algorithm.

Step 1. Hold a general meeting of owners of premises in an apartment building on the formation of a land plot

When holding a general meeting of owners of premises in an apartment building through joint presence (holding a general meeting through in-person voting), the following documents will be required (Article 44.1 of the Housing Code of the Russian Federation; clause 1 of the Contents of Documents, approved by Decree of the Moscow Government dated July 3, 2007 N 569-PP) :

1. Scheme of distribution of shares of premises owners in the right of common ownership of common property in an apartment building.

2. Copies of notices of a general meeting of owners of premises in an apartment building on the formation of a land plot.

3. Registration sheet of premises owners or their representatives who took part in the general meeting of premises owners in an apartment building on the formation of a land plot.

4. Powers of attorney of representatives of premises owners, executed in accordance with the procedure established by law.

5. Written decisions of the owners of premises in an apartment building on the formation of a land plot.

6. Minutes of the general meeting of owners of premises in an apartment building on the formation of a land plot.

Note. When holding a general meeting of premises owners in the form of absentee voting, a different list of documents will be required (clause 2 of the List of Documents, approved by Resolution of the Moscow Government dated July 3, 2007 N 569-PP).

Step 2. Contact the authorized bodies with an application for the formation of a land plot

The formation of land plots on which an apartment building is located is carried out by state authorities or local governments (Parts 3, 4, Article 16 of Law No. 189-FZ dated December 29, 2004; Letter of the Ministry of Economic Development of Russia dated October 5, 2017 No. D23i-5777).

In Moscow, the functions of forming land plots are assigned to the City Property Department.

The Moscow City Property Department checks the existence of a land surveying project for the block on which the land plot is located. If available, he issues an order to approve the boundaries of the site on the cadastral map of the territory. If the land plot is located on an undemarcated territory, then the block is included in the corresponding land survey plan.

Step 3. Contact a cadastral engineer to prepare a boundary plan

The formation of land plots is carried out in accordance with the approved land surveying project.

In order to register a land plot with cadastral registration, contact a cadastral engineer to prepare a boundary plan (Article 22 of the Law of July 13, 2015 N 218-FZ).

The boundary plan may be placed for temporary storage in an electronic storage facility maintained by the rights registration authority.

The contract for the performance of cadastral works may provide for the obligation of the cadastral engineer to place the boundary plan prepared by him in the electronic storage (Parts 3, 5 of Article 20 of Law No. 218-FZ).

This is important to know: How to legalize unauthorized construction if the land is municipal

Step 4. Prepare documents for cadastral registration and registration of common shared ownership of a land plot

For cadastral registration and state registration of ownership rights to a land plot under an apartment building, the following documents may be required (Parts 1, 2, Article 14, Part 1, Article 15, Article 18, Part 1, Article 42 of Law N 218-FZ ; clause 157 of the Procedure for maintaining the Unified State Register of Real Estate, approved by Order of the Ministry of Economic Development of Russia dated December 16, 2015 N 943):

1. Application for state cadastral registration and state registration of the right of common shared ownership of common property in an apartment building.

2. A document identifying the applicant or a person authorized by him if he has a notarized power of attorney (when submitting an application through a personal appeal).

3. Documents on the formation by a state authority or local government of the land plot on which the apartment building is located.

4. The decision of the general meeting of owners of premises in an apartment building on the formation of the land plot on which the apartment building is located.

5. Decision (minutes) of the general meeting of premises owners on determining shares in the right of common shared ownership of common property in an apartment building.

6. Title documents confirming the existence of the rights of the owners of premises in an apartment building that arose before 01/31/1998 (if at the time of submitting documents for state registration of the right of common shared ownership of real estate premises in an apartment building in the Unified State Register of Real Estate there are no records of state registration of the rights of the indicated owners).

7. Other documents necessary for state registration of rights in cases established by the legislation of the Russian Federation.

For state registration of property rights, you must pay a state fee. Submission of a document confirming its payment along with the application is not required. The applicant has the right to do this on his own initiative. However, if there is no information about the payment of the state duty in the State Information System on state and municipal payments, after five days from the date of filing the application, Rosreestr will return the application and the documents attached to it without consideration (Article 17, Part 7, Article 18, Clause 3, Art. 25 of Law No. 218-FZ).

The state fee for state registration of a share in the right of common ownership of common real estate in an apartment building is 200 rubles. If it is possible to submit an application and pay the state duty through public service portals and other portals integrated with the Unified Automated Identification of Information and Logistics, the state duty is calculated taking into account the coefficient of 0.7 (clause 23, clause 1, article 333.33, clause 4, article 333.35 of the Tax Code of the Russian Federation).

If the boundary plan is placed in electronic storage, its identifying number can be indicated in the application. In this case, submission of a boundary plan will not be required (Part 4 of Article 20 of Law No. 218-FZ).

Step 5. Contact Rosreestr for cadastral registration and registration of common shared ownership rights

The application and the necessary documents can be submitted to Rosreestr in one of the following ways (part 1, 2 of article 18 of Law N 218-FZ; clause 2 of the Procedure, approved by Order of the Ministry of Economic Development of Russia dated November 26, 2015 N 883):

directly to the Rosreestr branch or through the MFC (regardless of the location of the property according to the list of divisions that carry out reception on an extraterritorial basis posted on the Rosreestr website) or to an authorized person of Rosreestr during on-site reception;
by post with a declared value upon forwarding, an inventory of the contents and a notification of delivery;
in the form of electronic documents via the Internet, for example through the official website of Rosreestr.

If at the time of submitting the application the state duty has not been paid, the applicant is issued or sent information containing a unique payment identifier (unique accrual identifier) necessary to confirm the fact of payment for a specific service for payment of the state duty, indicating the date by which it must be paid (Rosreestr Information dated July 26 .2017; Information from Rosreestr dated October 17, 2017; clause 3 of Appendix 5 to the Regulations on the payment system of the Bank of Russia, approved by the Bank of Russia on June 29, 2012 N 384-P).

The applicant can be notified about the progress of the service (for example, receipt of information about payment of state duty, registration) via messages to email or mobile phone number (clauses 3, 4 of the Procedure, approved by Order of the Ministry of Economic Development of Russia dated March 16, 2016 N 137 ).

From the date of state cadastral registration, the land plot passes free of charge into the common shared ownership of the owners of premises in an apartment building (Part 5, Article 16 of the Law of December 29, 2004 N 189-FZ).

The completed cadastral registration and state registration of rights to a land plot under an apartment building are certified by an extract from the Unified State Register of Real Estate (Part 1 of Article 28 of Law No. 218-FZ).

Since 2020, land plots that are part of the common property of MKD are not subject to land tax (clause 6, clause 2, article 389 of the Tax Code of the Russian Federation).

This is important to know: Division of land under an apartment building

How to hold a general meeting of premises owners in an apartment building? Find out →

Write an application for the formation of a site

Any owner of an apartment building, a group of proactive owners, or an authorized person can write an application. Managing organization or TSN. MA and TSN act on behalf of the owners. In this case, it is necessary to hold a general meeting of owners so that everyone expresses their consent.

The following documents must be attached to the application:

a copy of the minutes of the general meeting of owners of apartment buildings;
copies of identification documents of the authorized person;
a document certifying the composition and dimensions of the apartment building premises;
if available, copies of documents on land allocation.

Hold a general meeting of owners

A general meeting of owners will be needed only if not a single owner wants to independently apply to the authorities with an application for the formation of a land plot, and the owners of premises in the apartment building want to do this on behalf of all owners.

In this case, first a general meeting of owners is held, which can be initiated by any owner of the apartment building, and then an authorized person approaches the administration with an application.

The meeting is held in the manner described in Articles 45–48 of the Housing Code of the Russian Federation. The following issues are on the agenda:

Making a decision on the need to form a land plot for an apartment building.
Selecting a person authorized to represent the interests of the owners of apartment building premises in state authorities and local governments on the issue of registering the land plot located under the apartment building as common shared ownership.

Statement

An application for the transfer of the local area into common shared ownership is submitted to the local administration by a specially authorized person, who is elected by the residents at a general meeting.

Along with the application, he must prepare a whole package of important papers. In the local administration, a number of services can deal with transfer issues - for example, the land resources department.

There is an approved template for writing an application, which can be seen there, in the administration or on resources that are devoted to these land issues.

What documents must the representative prepare at the time of filing the application?

A paper with registration of all apartment owners who were at the meeting and made a decision.
A diagram that shows the principle of division of shared property relative to common property.
Attached is a copy of the notice of the meeting of apartment building residents.
We need minutes of the general meeting on the issue of land registration.
Minutes of the meeting with a written decision on the formation of a site under the house.
Power of attorney of the authorized person.
His passport.

All documents must be drawn up in accordance with legal requirements. It is recommended to find samples of filling out each of the papers, check that they are filled out correctly, so that you do not have to start the whole procedure again.

The land plot passes into common shared ownership

The land plot under the apartment building passes into the common shared ownership of the owners of the premises after:

state authorities or local governments will form such a land plot,
it will be put on the state cadastral register.

There is no need to obtain a special decision from public authorities on the provision of a land plot or state registration of the right of common shared ownership of such a land plot.

Area of the local area

When determining the boundaries of the local area under and next to a residential building, the provisions of the Land Code and the law on urban planning are used.

According to these legislative documents,
land plots for apartment buildings must be calculated taking into account the actual volume of land use.
Calculation of the land allocated for an apartment building is also carried out according to the instructions of SPZO-101-98. At the same time, experts consider how dense the development is and what transport accessibility there is. The entire area of premises in an apartment building and the number of floors are also calculated.

If there are disagreements, go to court

If disagreements arise regarding the location of the boundaries of a land plot under an apartment building, we recommend that you submit a reasoned objection and proposals for resolving the dispute to the authorities.

Any owner of an apartment building, a group of initiative owners, a management organization or TSN can file an objection.

If agreement on the location of the boundaries of the land plot under an apartment building cannot be reached, the owners have the right to defend their interests in court.

The Supreme Court of the Russian Federation on the establishment of an easement on a land plot
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Convinced. How to register land under a semi-detached house?

You can register your half of the plot as personal property if your parts of the house and your neighbor are separated by a wall (townhouse) and have separate exits to the street. If you have a common door or entrance, you can only register the land as shared ownership. To allocate a share “in kind” it is necessary to draw up an agreement on the division of the plot and prepare a boundary plan. What is important here is your solidarity with your neighbor. There are only two of you, so it will not be possible to convince him with the collective opinion of the majority. He may change his mind, not want to leave. And without his signature on the documents, it will not be possible to register the land under a two-apartment house.

Often there are no documents or any traces of official registration confirming the boundaries of land plots. The city is being built up, the boundaries are blurred, documents are not completed in time, and confusion arises. Including in the minds of Rosreestr officials, because over the past 20 years, land legislation has changed many times. Therefore, we have to understand this madhouse. Most often, in court.

What to remember

If you want to register a land plot for an apartment building, we advise you to first determine the current status of the land plot and understand how beneficial it is for you.

If you decide to register a plot, follow our instructions:

Land under an apartment building

In “old” apartment buildings put into operation before March 1, 2005 (the date of introduction of the new Housing Code), the land plot on which the apartment building is located is transferred free of charge into common shared ownership if: ▪ before the date of entry into force of the new Housing Code of the Russian Federation all necessary land management work has been carried out in relation to the land plot; ▪ the owners of apartments or owners of non-residential premises have a land management file for this land plot and the local government body has approved the draft boundaries of this plot; In other “old” apartment buildings, homeowners can also privatize the land located under the building and part of the adjacent territory free of charge.

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