Article 7.1. Unauthorized occupation of land. Unauthorized occupation of a land plot or use of a land plot without duly executed title documents

Grounds for using land without providing plots and establishing easements

There are two ways to transfer land into ownership from the state.
The legislation of the Russian Federation has established that a plot owned by it or the property of its individual entity can be transferred for use by a citizen or organization. Transfer is possible in two ways:

Free of charge;
On a paid basis: under a purchase and sale agreement or a lease agreement.

The fact of payment or its absence will depend on the subject of receiving the land, as well as on the purpose for which the land will be used. The provision of plots free of charge can be carried out exclusively in cases established by the Law. It is also worth remembering the need to collect a certain package of documents, which should be submitted to the state. authority to obtain the appropriate permit.

Permission to use land

A use permit is a document that gives its recipient the right to carry out any actions on the site, which, even despite the transfer, remains the property of the state or municipal authorities. To obtain such a document, a clear justification on the part of the future user is required for what purposes the site is required.

The legislation of the Russian Federation establishes a list of permissible actions:

Construction of an auxiliary or temporary structure;
Storage on site of materials or equipment necessary for construction work (period of work);
Conducting geological studies of subsoil (a license to carry out such work is required);
Conducting engineering surveys (up to a year).

Permits can be issued indefinitely to any representative of the small indigenous people of the North, Far East or Siberia. The only condition is that the specified lands be classified as the place of traditional or historical residence of these peoples. Other cases introduce restrictions on the periods during which legal use of land is possible. At the same time, during the entire period you can change the type of permitted land use.

How to sell a plot of land yourself in 2020

If the municipality refuses to purchase the plot, the seller is notified in writing. The period for response is no more than 30 days from the date of receipt of the notice. Only after receiving the document, the seller has the right to sell the plot to third parties, but on the condition that its value will not be lower than that established in the notice.

The seller can reinforce this confidence with a deposit under a preliminary agreement. But here you need to know that if a more profitable buyer appears, the seller has the right to terminate the preliminary contract, and is obliged to pay double the deposit.

20 Sep 2020 lawurist7 202

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List of documents for obtaining permission

In order to obtain land for use, you must first write an application that must contain the following information:

Full name or full name of the organization (if the applicant is a legal entity);
Registration address (both individual and legal entity);
Telephone number available for contact;
Purpose of use of the future site;
Cadastral registration number, as well as the location of the site indicating the exact address.

The form in which the application is written does not matter. It is not necessary to use a form; even handwritten in any form will be accepted. In addition to the application, the following documents will be required:

Originals and copies of documents that identify the applicant;
Power of attorney (subject to application being submitted through third parties);
Scheme of the border of the desired area;
An extract from the Unified State Register about the plot or its cadastral passport;
License (if geological studies are planned).

Title and title documents for the property

The right to ownership of a house, land, apartment or other real estate is approved by various papers. However, they alone will not be enough to take possession of a certain property. It is also necessary to provide documents that confirm the legality of the title papers. These are legal or legal documents.

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Since 1998, operations relating to real estate have been handled by Rosreestr, which registers such transactions in the Unified State Register. Before this, such agreements were registered with the BTI, and since 2020, an extract from the Unified State Register is the only confirmation of the existing right to own real estate.

A title document is an act filled out on a state form, having all degrees of protection, which confirms ownership, if there is a record of this in the Unified State Register. There are several types of such papers for an apartment, depending on when the transaction was made:

registration certificate from the BTI - provided upon confirmation of ownership of the apartment until January 31, 1998;
a certificate of home ownership, which was issued in the 1990s;
certificate of state registration of rights - valid since February 1, 1998 and confirms the rights to own any real estate.

On house:

certificate of registration of ownership of a private house;
a certificate issued by the selection committee on the commissioning of this object - if the house was built by the person who is selling it.

Title documents for land:

certificate of ownership (lease agreement or transfer of agricultural land for temporary use);
certificate of the right to permanent (that is, indefinite) use of the site;
certificate of the right of inherited lifelong ownership;
state act on the right of ownership, lifelong inheritable possession or permanent use.

Responsibilities and rights of persons using land on the basis of a permit

The land used should be used for its intended purpose.
The main responsibility of the person using the land plot will be compliance with contractual obligations in terms of its preservation and use only for its intended purpose. Moreover, if the site is transferred on lease terms, then timely payment will also be mandatory.

Violation of any of these obligations may result in administrative or even criminal liability. So, for example, if the fertility of the post is disrupted or completely destroyed, the land user needs to restore it, as well as lead to its possible further use.

The rights of such users are established by land legislation. According to the Land Code, the user can count on:

Carrying out survey work;
Carrying out major or routine repairs of linear motors, even if they are located directly under the site;
Construction of temporary or auxiliary structures, if such buildings will be dismantled upon achieving the necessary goals;
Carrying out actions to place construction materials;
Carrying out work to study the subsoil;
Placement of non-stationary retail outlets and advertising structures.
A list of additional rights may be contained in the land transfer agreement

No title documents were provided for the land plot used

During the inspection, it was established that the organization uses a land plot on which several capital construction projects are located, owned by a legal entity. The total area of the land used was more than 2 hectares. During the inspection, no title documents for the land plot used were presented.

Possible results of consideration of the application

After submitting your application, you will have to wait 25 days for it to be reviewed. The provision of the service is absolutely free. The result of its consideration must be communicated to the applicant within 3 days. The result of the review may be as follows:

Permission - all rights and obligations of the land user appear. The permit will contain a link to the necessary articles of the RF Land Code, responsibility for their improper execution and reasons for early termination of the document.
Refusal - in writing, indicating the articles of the RF Land Code on which such a decision was made. Such a decision is subject to appeal.

What is the basis for refusal?

It is important to remember that the refusal must be motivated. Its grounds are established by law:

The presence of a plowed field;
Inconsistency between the desired purposes for the use of the site and those established by law (for example, it is impossible to build a house on arable land);
Incorrect execution of documents attached to the application;
The presence of the desired site of its owner;
Violation of application requirements;
Incomplete package of documents.

The procedure for appealing a refusal to obtain a permit

A pre-trial procedure for challenging a refusal is possible only if the grounds are not specified in the legislation of the Russian Federation. To do this, it will be enough to file a complaint with the authority that made such a decision. It can also be submitted in any convenient way: in person, through the MFC or electronically.

In all other cases, challenge is possible only in court. To protect your rights in court, you will have to contact the district court with a copy of the refusal and other necessary documents. During the court hearings, you will have to prove that the state. the authority refused unlawfully.

What is a conditional land use permit and when is it issued?

Each type of land plot contains its own list of possible actions with it. However, if the main types of use are carried out, then obtaining a permit is not necessary. But, in cases where obtaining a permit is mandatory, its use is considered conditional. For example, carrying out survey work. Such permits will also include free, urgent use. To obtain this conditional permit, you will have to contact your local government.

The decision is not always positive. Because issuing it is not an obligation. The process itself will be carried out through a public hearing - consideration of the application. After such hearings, a recommendation will be sent to local government. Legislation establishes restrictions on the ways in which land can be used. Thanks to the recommendation, the decision to provide land falls entirely on the head of the local government.

In addition, some permits must be obtained only from special government agencies. They will have to prove that the method of use does not harm the soil and does not contradict the law.

What are title documents for a land plot?

if it was issued in the USSR, since many legislative acts and requirements have changed since then;
if information about the land plot has changed (for example, its size);
when changing passport data;
when the owner of the site changes.

According to Article 17 of Federal Law No. 122 of July 21, 1997 “On state registration of rights to real estate and transactions with it,” this is not a final list of title documents. The list may include other documents indicating the transfer of rights.

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What are the permitted uses?

The Land Code establishes only seven categories of land. The method of using the soil depends on this division; here are their main groups:

Agricultural land intended for livestock, vegetable, and fur farms;
Residential land intended for residential development;
Land of transport links, communications, industrial or energy complex;
Land of specially protected areas and objects;
Land of water and forest funds.

Privatization is possible only for the first four groups. Other groups can only belong to government agencies.

Concept of zoning

Zoning of the territory is carried out on the basis of the legally established type of land plot. This method of zoning is considered territorial. There is also urban planning. It is specially designed to create conditions for the development of the territory. Land use and development rules in this matter will be the main document. It will contain a zoning map.

Urban planning zoning, unlike territorial zoning, will contain a plan for the development of land for a long period of its use. Based on the results of such breakdowns, various zones arise: from residential to public and business.

What is unauthorized occupation of a plot of land?

Unauthorized occupation of a land plot is the illegal occupation of the territory of someone else's plot or part of it without the consent of the copyright holder. Taking possession of someone else's land without legal grounds will not only entail a set of measures to protect the violated right, but will also lead to the imposition of an administrative fine. In this article you can find out what consequences will result from unauthorized occupation of someone else's land, and what methods of protecting rights are provided for by legislative acts.

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Type of permitted use of the land plot

Only the state has the right to distribute land into various categories. The main law in this matter will also be the Land Code. Soil that has federal status is subject to distribution only by the Government of the Russian Federation. Municipal land is distributed by the executive authorities of the region. If there is a need to change the category of a site that is privately owned, the body of the constituent entity of the Russian Federation will be involved.

The type of allotment itself is determined in one of the following ways:

During the period of purchase, when the previous owner has already determined it or by agreement with the buyer, if this does not contradict the law;
If a new section is formed during the division of the previous one. Then the type of its use is completely inherited;
When applying to a local government body with an application to change its status.

Title documents for the land plot

Title documents for a land plot are documents obtained on the basis of title documents. They record the fact of registration of a transaction with an object with government agencies.

The list of such documentation is quite wide and depends on the specific situation and purpose of provision. The main ones include:

Certificate of ownership of the land plot. Identifies the property and its owner. It is issued by local authorities. The document is a standard form with a unique number. This number is used to identify the site and provide all basic information upon request.
Certificate of lifelong inheritable ownership. Such a document is no longer issued; only certificates issued in the USSR remain in circulation.
Certificate of right of unlimited (permanent) use. Currently, it is also not issued, since this type of right obliges the owners to register ownership of the property, including a land plot.

Use of allotments if they have different purposes

There are cases when allotments have different purposes. When searching for a site for yourself, you should immediately look for one suitable for certain purposes. One and the same type of permit may be legitimate not in one category, but in several at once. You just have to take into account some of the nuances that can be studied before the transaction.

If the future owner wants to build houses on the acquired land, then he should purchase land for a settlement or agricultural purpose. In addition, the following types will not be an obstacle to building a house:

Individual housing construction (height should not exceed 3 floors);
Country houses (such land is cheaper because it does not provide for permanent residence);
Subsistence or farming.

Construction permit period

According to Article 51 in Part 11 of the Code, the period for preparing a construction permit should not exceed 3 days (from January 1, 2017). However, one must take into account the possibility of refusal to issue a permit for one reason or another (more on this later). Then the period for obtaining permission will increase until the reasons for the refusal are eliminated.

Article 51 in Part 19 of the Code establishes the validity period of a construction permit for 10 years. The permit is valid even after the transfer of rights to the land plot and capital construction projects to other persons. It is terminated if the rights to the land plot or the rights to lease it are terminated for any reason.