How to combine land plots into one in 2021

What is meant by merging areas?

This concept refers to the formation of a legally independent site made up of two or more adjacent areas. At the same time, in cadastral registration, the merging areas cease to be taken into account as independent units at the same moment when a new land object formed as a result of their merging is entered into the accounting database.

The combination of 2 land plots is usually carried out for the purpose of constructing an object that goes beyond the boundaries of one small plot, as well as streamlining and simplifying the maintenance of documentation on land objects by one owner.

What areas can be combined

In accordance with Russian legislation, it is allowed to combine adjacent land plots. That is, they have common borders. In addition, there are certain requirements that owners should be aware of before merging territories.

They consist of the following points:

There must be boundaries. If this information is not available in the cadastral chamber, you must contact an engineer to carry out measures aimed at establishing territorial boundaries and the total area of land.
A territorial allotment that has been transferred for perpetual use must be owned by one entity. The same requirement applies to lifelong inheritable ownership.
Even if areas have adjacent boundaries, but belong to different administrative institutions, they cannot be combined. Link to the article of Russian land legislation - Art. No. 11.9.
As a result of the unification of adjacent territorial plots, the boundaries must be clear. Fractures and wedging are not allowed.
Leased land plots can be combined, but first take care to obtain permission from the direct owner.
Territorial plots with 2 assigned cadastral numbers must be owned by one owner, or be in shared ownership. To initiate this procedure, you will have to receive a positive response from all entities that own them.
The areas being merged must have a purpose from the same category. Thus, it will be impossible to do this with lands if one of them is intended for individual construction and the other for forest planting.

If there are lands with different types of permitted uses, they will need to be transferred to one category. To do this, you must submit an application of the established form to the authorized body. Please be aware that it may be rejected. To prevent this from happening, it is recommended that you initially obtain advice from a certified lawyer. He will also give some useful recommendations on what to do in this or that case.

The presence of encumbrances is not an obstacle to initiating this process, but care must initially be taken to obtain a positive response from the mortgagee. After the merger, the encumbrance will apply to the entire newly formed territorial allotment.

Procedure for combining a land plot, boundary plan

The legislation of the Russian Federation in the field of land relations and the by-laws developed in accordance with them provide for a certain procedure and procedures that must be strictly followed by each participant in the registration of a land consolidation operation, which provides for:

drawing up an owner's statement;
establishing boundaries, calculating areas, preparing a boundary plan;
assigning an address to the site;
entering information into the cadastral registration database, obtaining a cadastral plan of the land plot;
entering final information into the Unified State Register of Real Estate on the completed process of merging plots, obtaining title documents for a new plot of land.

Simultaneously with the territorial department of Rosreestr entering data about a new site into the Unified State Register of Real Estate, the information previously stored there about its constituent sites is moved to the archive.

Surveying

The consolidation of a land plot is possible if all of its constituent areas have previously been demarcated, that is, their boundaries have been determined in the manner prescribed by regulatory documents, which is reflected in the cadastral register. However, if for some reason this does not happen, then the paperwork should begin with the surveying of the areas being merged.

This complex of specialized works is carried out by a specialized licensed organization at the request of the owner of the site. The procedure requires an engineer to visit the site to establish and secure the boundaries of the plots with special signs in the presence of the owner, calculate the areas, and prepare a boundary diagram for combining land plots.

The Anapa department of the Rosreestr Office for the Krasnodar Territory explains: As a result of the merger of two or more land plots, a new land plot is formed with the same intended purpose and permitted use as the original plots. In this case, the original land plots cease to exist from the date of state registration of ownership of the new land plot. When merging land plots, the owner of the original plots acquires ownership rights to the resulting land plot. If the original plots belonged to several owners, then they have the right of common ownership to the resulting plot. The formation of a new plot by combining land plots belonging to several owners is carried out by agreement between them. If one of the land plots being merged is encumbered with a pledge, then the right of pledge will extend to the entire formed plot, unless otherwise established by agreement of the parties. To combine privately owned land plots, the following actions must be taken: 1. It is necessary to make sure that the land plots belong to the same category of land and have the same type of permitted use. This information is indicated in the certificate of state registration of rights, issued before July 15, 2016, or in an extract from the Unified State Register of Real Estate, certifying the state registration of rights to real estate. If the merged land plots have a different category and (or) type of permitted use, it is necessary to transfer them to one category and one type of permitted use. At the same stage, it is necessary to calculate whether the newly formed land plot will exceed the maximum permissible plot size, which is established by local legislation. It is also necessary to clarify that the combination of plots is actually possible if they are located in the same territorial zone and in the same locality. 2. It is necessary to contact a cadastral engineer to carry out land surveying of the merged land plots. Land surveying is work to establish the boundaries of land plots on the ground, securing such boundaries with boundary signs and describing their location. To carry out land surveying, you need to obtain an act of approval of the location of the boundaries of the land plot with neighbors, who must be properly notified of such approval. If the location of the boundaries of several adjacent land plots is simultaneously clarified, then the number of approval acts must correspond to the number of such plots. The cadastral engineer will establish the boundaries of the resulting land plot and draw up a boundary plan. 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 an electronic storage facility, which is maintained by the rights registration authority. 3. It is necessary to prepare documents and pay the state fee. For cadastral registration and registration of property rights, in particular, the following documents will be required: - application for state cadastral registration and state registration; — agreement between owners on the merger of plots; — title documents for the original land plots, if the right to the plots was not previously registered in the Unified State Register of Real Estate. If the boundary plan is placed in electronic storage, the identifying number of the boundary plan can be indicated in the application. In this case, its presentation will not be required. When submitting an application in person, the applicant presents a passport, and his representative - a passport and a notarized power of attorney confirming his authority. For state registration of ownership of a newly formed land plot, it is necessary to pay a state fee. Submission of a document confirming payment of the state fee 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. 4. It is necessary to submit documents to Rosreestr. The application and the necessary documents are submitted by the applicant to Rosreestr in one of the following ways: 1. directly to the Rosreestr branch or through the MFC (regardless of the location of the property according to the list of divisions that accept on an extraterritorial basis posted on the Rosreestr website) or to an authorized person of Rosreestr when visiting reception 2. by post with a declared value when forwarding it, a list of the contents and a notification of delivery (in this case, the authenticity of the signature on the application must be notarized, the agreement and power of attorney of the representative must be notarized, and copies of identification documents must be attached); 3. in the form of electronic documents via the Internet, for example, through the official website of Rosreestr. If at the time of submission of 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. Simultaneously with cadastral registration and state registration of ownership of the new plot, deregistration will be carried out and the termination of rights to the original land plots will be registered. After the specified period, the applicant receives an extract from the Unified State Register, which can be sent electronically.

Conditions without which unification is impossible

Before starting a merger, you should find out whether there are any prohibitions or obstacles for this group of sites. Legislative acts put forward a number of restrictions when carrying out actions to change the boundaries and areas of plots. If any of the following conditions are not met, the merger may not take place or may subsequently be declared illegal. Among the mandatory requirements for the combined areas are the following:

the presence of a common border (interface);
the land must be owned by one or more persons;
you can combine lands of the same category;
obtaining the consent of all shareholders;
location of the original sites within one settlement or municipality;
compliance with established size limits and others.

If the owner is one person

This is the most common option, when territorial plots are owned by one direct owner. In this case, the procedure occurs quickly, since there is no need to ask anyone for permission or carry out other legitimizing manipulations.

If all title documents are available, the interested person must contact Rosreestr or the multifunctional center. After this event, the owner receives a new extract from the Unified State Register of Real Estate. It indicates the territorial unit and its coordinates. There is also cadastral data for the site.

Some issues of combining land plots owned by different persons

After completing all formalities for the unification of lands that had a single owner before this event, the new area will also belong to this person.

If the owners of the merged areas were several persons, then the new land area will belong to them on the basis of joint ownership.

As a rule, lands located:

in perpetual use;
for urgent free use;
in inherited lifelong ownership.

The consolidation of leased land plots into one is carried out under the condition that all plots have a single owner. However, this will require prior consent from the tenants.

If before the unification of lands the owner had the right to use the real estate located on them, this right remains with him after the unification.

Russian legislative acts allow the consolidation of plots that are pledged. The new site after the merger will also be encumbered with a mortgage. Although in this case exceptions are possible if the owner manages to agree and achieve other conditions set forth in the addendum to the existing agreement or when concluding a new agreement.

Sequence of merging areas

In order to begin the procedure for merging two land plots, it is necessary to find a highly qualified specialist who will create a boundary plan, because without this, Rosreestr will not accept documents. Let us consider in more detail the sequence of the entire procedure:

if there is only one owner of the plots, then he simply collects all the necessary documents and transfers them to the engineer, who, in turn, creates a boundary plan;
if there are several owners of the plots, then it is necessary to provide a written application for consent to the merger from each;
then the specialist submits a ready-made boundary plan for merging the plots, usually this is an electronic version, but if desired, you can also request a paper version of the design;
after receiving the boundary plan, the owner transfers all documents to Rosreestr and waits for the procedure to be completed, after which he receives a cadastral passport for the formed plot, those from which it was created cease to exist and all records about it are deleted.

Assistance in registering the merger of land plots

The Star-Service Cadastre and Registration Center will provide services for the preparation of a package of documents and legal support for the association of land plots, the cost of which is significantly lower than the risk and expenses incurred by the client as a result of:

legal errors when processing transactions;
return of documents due to inaccuracies;
possible invalidation of the association.

The price of the service for registering the merger of land plots depends on the characteristics of the objects, the complexity of the situation and the urgency of the order.

Thanks to cooperation with, you will receive reliable protection of your interests in any situation, prompt and professional fulfillment of obligations at optimal rates.