Formation of a land plot

Who makes the decision on the formation of new territories

How are land plots formed?

The decision to form a new territory is made by the state or municipal authority. The basis for this is an application submitted to a specific institution by a horticultural enterprise or construction organization.

The purpose of the formation is the need for new area for land or residential buildings. In this case, not just the physical allocation of land from an existing plot is carried out by merging, reducing or enlarging it, but rewriting and redoing all documents.

They carry out geodetic work (land surveying), draw up a new cadastral passport, and change data about the land in the state real estate register.

What is SPOZU of a land plot

  1. About sanitary protection zones (if the landfill falls within them).
  2. Justification of the planning organization. Here you need to provide links to the city general plan, territory planning projects, GPZU and other official documents. It would not be amiss to mention GOSTs and SNiPs.
  3. Technical and economic indicators. Their composition depends on what exactly will be built on the land in question.
  4. Engineering training. It is necessary to justify the necessary measures (for example, transfer of communications).
  5. Description of the relief. Particular attention is paid to slopes.
  6. Improvement. This includes information about future driveways, playgrounds, landscaping, etc.
  7. Zoning of the territory (if necessary).
  8. Transport communications (if the facility is associated with production).
  9. Access to the site. Here they indicate which streets you can use to get to the future construction site. Particular attention is paid to the fire passage.

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Article 51 of the Town Planning Code answers the question of what is a land plot SPOZU and contains a list of documents required to obtain a building permit. Some need to be obtained from the competent authorities, while others can be compiled independently.

Implementation of state cadastral registration and preparation of documents

When creating a new site:

  • a representative of municipal or state authorities puts his signature and seal (if necessary) on an application requesting the allocation of land;
  • potential owners or municipal services invite surveyors to measure the formed territory;
  • surveyors carry out the necessary measurements, which become part of the new survey work.

The newly formed plot is registered in the cadastral register, its name and basic data appear in the state real estate register.

Entering information about the formed allotment into the State Property Committee (Rosreestr) occurs if the following documents are available:

  • boundary affairs, including the act on the formation of boundaries;
  • drawing of a new site (carried out on the ground by professional cartographers);
  • act on the establishment of boundaries and signs (representatives of state authorities are required to be present).

If all the documents are drawn up correctly, then the plot is entered into the State Property Committee database, and the owner is issued a cadastral passport. The procedure for issuing a passport is paid. Individuals will have to pay 200 rubles, and legal entities. persons – 600 rubles.

Virt laser

In the case of division, the original land plot ceases to exist, and in the case of allotment, it is preserved, but within changed boundaries. Rights to newly formed land plots are formalized in accordance with the established procedure.

Documents for the redistribution of real estate are required to enter the site into the state cadastral database. The procedure is accompanied by registration of the allotment with the appropriate registration. Based on the results of registration, the owner receives a cadastral passport, the cost of which is 200 rubles for individuals, 600 rubles for legal entities.

Formation of the territory until it passes into the hands of the new owner

The formation of a new site can occur by dividing or combining land

There are the following ways to form new territories:

  • land is allocated for the needs of a horticultural society and a construction organization (individual housing construction and private household plots);
  • there is a simple division of a larger territory into several smaller plots;
  • two, three or more plots are combined together into one large plot;
  • lands in the fund are redistributed.

Next, all the necessary procedures are carried out to give the actions taken legal force - land surveying, measuring the area, entering data into the state register.

Prompt notification of owners of neighboring areas about cadastral works

Federal Law of the Russian Federation No. 221-FZ obliges the owner of the plot, which is planned to be measured and formed in a new way, to notify the owners of all neighboring plots about such an action. The procedure for prompt notification of neighbors is defined in Art. 42.7 Federal Law of the Russian Federation No. 221-FZ.

According to this article, a person who has entered into a contract for cadastral work is obliged to send out a notice of such work to all neighbors no later than 10 days before surveyors appear on his site.

If work is carried out by order of municipal authorities, then information about it is posted in official media, on the website of a specific department or gardening community, and on information boards. The notice must contain:

  • information about the subject of the Russian Federation;
  • information about the municipality and locality;
  • cadastral quarter number (unique);
  • information about the geographical location of the territory selected for work, as well as its status (for example, the name of the forest district or village, the number of the forest block or the number of the site by which it can be found on the map);
  • address and contacts of the person who ordered the site measurement;
  • address and contacts of the organization performing the work;

What is the title document for a land plot in 2020

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  • agreements on the alienation of property and acceptance acts thereto;
  • court decisions that have entered into force, including settlement agreements;
  • certificates of inheritance;
  • orders, resolutions, decisions of authorities on the provision of land.

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Formation of a land plot with the establishment of site boundaries and boundary signs

A land plot is recognized exclusively as land whose boundaries are defined in the manner established in the Land Code of the Russian Federation (Article 11.1 of the Land Code of the Russian Federation). The site is being formed in several stages:

  1. Existing documents are being studied. When a new plot is formed, the responsible authorities, the customer of the work, study maps, cadastral plans, and reports created in the process of geodetic work. Although this information may be out of date, it provides some insight into the land to be redistributed.
  2. Owners of neighboring plots are notified of the work being carried out to measure and form new land boundaries.
  3. New boundary signs are installed within the newly defined boundaries.
  4. A new map is being drawn up. This document contains information from the boundary plan.
  5. A land deed and a boundary plan are drawn up.

In order to form a new land, a land management commission is created. It consists of employees representing the land cadastre and persons involved in the division of land (owner, representative of the municipal government).

Important! If the new territory was formed in accordance with the procedure established by law, in compliance with all stages, then the survey carried out is recognized as legal and the information is transferred to the Unified State Register of Real Estate.

In case of violation of one of the points, for example, untimely notification of cadastral work to neighbors, the latter have the right to challenge the legality of the procedure carried out, since they had the right to be present at all its stages.

If the notification was received, but the owners of neighboring plots ignored it, they do not have the right to start a dispute regarding the legality of the formed plot.

Formation of land plots

Advice from lawyers:

How to write a letter to the administration to formulate a plot of land for construction. Residential building?

3 answers

We need a sample application to the court against the city administration to declare their inaction in forming a land plot illegal.

3 answers

The land plot is leased from the property relations committee. Owned by the administration of the rural settlement.

2 answers

We have a question about the formation of a land plot under an apartment building to register it as the property of the residents.

2 answers

Referring to the fact that in our city it is planned to develop a planning project

2 answers

With great difficulty, we found a site (hill), made a diagram, and sent an application for approval to the administration.

1 answer

I am the owner of an entire apartment in an apartment building consisting of four apartments.

1 answer

We have a house on the ground, three apartments (registered and registered) and two rooms, making up 40/100 (18/100 and 22/100)

1 answer

I formed and registered a land plot. The administration put this site up for auction.

1 answer

Formation of a land plot for a 4-apartment building. How can I find out if the administration has formed this area? Thank you.

1 answer

If the apartment building and the land on which the house is located were registered in the cadastral register in 2011.

1 answer

The cadastral engineer completed the formation of the land plot without taking into account the red line,

1 answer

What is meant by the expression “formation of a land plot”? The plot is registered in the cadastral register: it has a cadastral number, area, and address.

1 answer

Submitted an application to the local administration for the formation of a land plot for an apartment building (8 square meters)

1 answer

We have repeatedly contacted the urban planning department with an application to form a land plot for an apartment building.

1 answer

G. Saratov, Saratov region. Is it necessary to form a land plot?

1 answer

Is it necessary to form a land plot and register it with a cadastral register under an apartment building in order to carry out major repairs?

1 answer

The land was provided to me by the village administration, there is a resolution on the formation of land plot 0,

1 answer

We formed a homeowners association and began organizing the land plot. And it turned out

1 answer

Who should pay for boundary work, drawing up a boundary plan, staging

1 answer

What documents are needed to form a land plot as common property of MKD.

1 answer

Rural settlements the right to dispose of land was transferred; the revenue portion decreased when the land plot was formed (land surveying)

1 answer

Administration of the rural settlement, the right to dispose of the land was transferred; the revenue portion decreased during the formation of the land plot (land surveying)

1 answer

How to write a decision of the general meeting of owners of premises (3 apartment building) on ​​the formation of a land plot?

1 answer

I wrote an application to KUMA for the provision of a plot of land for rent for the construction of a store building.

1 answer

Please, do I need a document on the formation of a land plot under a private multi-apartment building to register ownership,

1 answer

I own an apartment in a two-apartment building, square 1; in 2007 I bought a second apartment, square 1, from a neighbor.

1 answer

1. Is there a form of application to the registry office for the formation of a land plot? 2. What documents are needed for this?

1 answer

I want to rent a forest plot of land. Do I need to make a boundary plan and a cadastral passport and an order for the formation of a land plot?

1 answer

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