LawRegulatory Compliance

Registration of land plots: highlights

The registration of land requires not only a careful approach, but also the knowledge of all legal subtleties. These nuances are important both in legitimizing property, and in the transaction of sale. In suburban housing construction, one of the main issues that an applicant is interested in is the presence or absence of engineering communications on the land. If there are no sewerage, water, gas systems and electricity in the territory, it is not of great value. Naturally, the package of documents for registration will be much smaller.

It is also worth considering and such a moment that the seller of the land promises one thing, and the buyer receives something completely different. Therefore, it is recommended to execute the sale of a land plot only through special companies. This will help to avoid various unpleasant situations.

Privatization

Currently, the law provides for ownership of land on the right of ownership. This allows the owner to rightfully dispose of a certain territory at his own discretion. The registration of a land plot in ownership is officially called privatization. However, in order for it to pass into private ownership, the following condition must be taken into account:

  • The land on which the right to property is legalized can not be part of a protected area or park;
  • It also can not be claimed for territories located near nuclear power enterprises and controlled by armed structures.

The legislation of the Russian Federation allows to use the right of free privatization only once, registration of other property will be paid. Registration of a land plot in the property can have different forms:

  • Share;
  • Single-handed;
  • Joint.

The order of privatization of the land

Depending on certain points, the procedure for processing privatization may be different. For example, if the site is already in private ownership or state registration. However, in any case, you need to do the following:

  1. Submit an application for review in the department, dealing with the distribution of state property.
  2. Subject to receiving a positive response, the applicant is issued a copy of the supporting document.
  3. Land registration is impossible without the presence of a certified cadastral plan. The measurements are carried out at the expense of the applicant and take about one month.
  4. The next stage will be the registration of the contract of sale. When you receive a land plot by inheritance or under a preferential state program, there is no need to draw up this document.
  5. The final stage is the submission of a request to the Federal Registration Service. When drafting it, you must have originals and copies of all documents, including those that confirm the identity of the applicant.

Key points when buying a land plot

Buy a plot of land with the presence of engineering and technical communications can be a contract for construction, without it or with the finished facilities. It is logical to think: if there is a ready house, then there must be all the necessary communications that are included in the total cost. If you purchase land with a building permit or a house under construction, then you need to have certain documents for the registration of the land. This is a certificate for the engineering and technical communications or the relevant items on the networks in the contract of sale of real estate. Simply put, the presence of engineering communications must necessarily be stipulated in all necessary documents. In addition to the above-mentioned contracts, it is allowed to use a guarantee letter, which clearly indicates the right of the land buyer to connect to utility networks. Such a document is provided by a realtor or developer and subsequently transferred to a future owner.

If a letter of guarantee is drawn up , then there must be an agreement with the contractor company, which plans to engage in repair work, or with several organizations in case each of them has a certain type of communication.

Execution of a sale-purchase transaction

Anyway, the documentary registration of engineering communications is required, and every paragraph of such a contract must be carefully studied. This document should clearly describe all available communications, their technical characteristics, deadlines for each network and responsibility in case of any violation.

A clear definition of the location of the land, to which it is planned to build up engineering communications, helps to protect the buyer from possible surprises in the performance of work. It is strongly recommended that land plots are not executed without the plan of the settlement, which indicates the acquired territory and its detailed scheme.

In addition, the contract should contain information on the amount of work performed and their cost. If the price has changed, then you can sign an additional document and issue it in two copies for each of the parties. The procedure for summing and distributing communications ends with the conclusion of the act of acceptance and delivery of services.

Registration of land plots in compliance with the above-mentioned nuances, as well as with the necessary documentation guarantees the buyer the availability of all the benefits of civilization on the acquired territory. He legally can monitor the work, as well as defend their rights in court in case of violation of one of the clauses of the contract.

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