Prepare an “addition” to the land plot

In most cases, you will need a boundary plan for cutting. It is drawn up by a cadastral engineer and in terms of time, this is perhaps the shortest stage. The rest last for months. According to our practice, the average time for registration of an extension in SNT is 4-6 months. With the involvement of the court, this interval extends to 6-8 months, and sometimes even a year.

When both a plot and public lands have been demarcated, but there remains a small piece between them that you want to annex, it is optimal to use the buyout scheme. To do this, a redistribution scheme is made and agreed upon through the administration, then you pay the state for the purchased piece and cut it into the plot. Please note that the ransom amount varies from region to region. In Moscow this is 100% of the cadastral value, in the region it is 50%.

Preparation for cutting off a land plot in SNT

Don’t start preparing without calculating the economics of the process. Are you ready to spend time and pay for a boundary plan if you are cutting only 0.5 acres? And vice versa, if 3-5 acres are added to the plot, which is enough for a house and outbuildings, it may make sense to set aside 6-8 months, do land surveying and spend money on the trial.

In another situation, the Kirovsky District Court of Novosibirsk rejected citizen B., who was acting on behalf of the incapacitated V. The judge found out that V. was not on the housing register. In addition, V. is the owner of the apartment. The court found the decision of the city administration to be lawful.

In the case where the application is submitted on behalf of an enterprise, its full name must be indicated. The applicant can also leave his contact information (telephone number and residential address, if it differs from registration).

Document's name

• “area...”, indicates the area of ​​the provided territory;
• “size...”, describes the size of the land plot;
• “located...”, the location of the site is reported in the populated area itself or relative to the populated area (distance and direction are indicated);
• “to use it ...”, information is provided about the purpose of using the land plot, for example, for individual housing construction.
• It is important to disclose in detail the reason for such a request and the basis for receiving it. For example, as a large family that is registered with the social protection authorities as low-income
  . Or, as a tenant of a site who has a preemptive right to purchase.
• At the end, put the date for submitting the application. This is very important data that determines when the deadline for reviewing the document begins.
• Additionally, indicate a list of attached documents and copies.
• Certify their written application with a signature and transcript.
• applications to the head of administration for the provision of a site
• applications for provision of land for free use
• Applications to the head of the administration for the provision of a land plot for rent
• agreement on preliminary approval of the provision of land for further purchase

How to legalize the addition of a plot of land for free

After receiving a positive decision, the landowner pays the necessary payment (immediately, installments are not provided for by law) and again turns to the cadastral engineer to clarify the boundaries of the enlarged plot. Then the updated allotment is registered with Rosreestr.

3) development of a layout plan for a land plot in violation of the requirements for the created land plots provided for in Article 11.9 of this Code;

Each interested person can obtain up-to-date information about the relationship of a particular piece of land to the territorial zone on the official website of the local municipality. In the vast majority of cases, a map with color-coded zone boundaries is posted on the corresponding resources. This allows citizens to find the user of the land and determine who belongs to the territorial zone.

The cut area has the correct shape, and it was possible to form an independent site from the cut land. The strange thing is that, according to the Decision of the Council of Local Deputies, the maximum minimum size of a land plot is 20 sq.m. Is it really possible to form an independent plot of 20 sq.m.? If this is possible, then can almost all additions of land of the correct form, made before the adoption of the PZZ, be challenged in court only on the basis of exceeding the maximum minimum size of the land plot?

PS It’s not uncommon for administration employees to demand anything, especially from the category of hard-to-get documents. And most often the reason lies in the fact that they do not want to accept documents that they will have to work on.

Checking the application for compliance with established requirements

We are considering the procedure for cutting land according to the 4th basis. That is, for private plots, individual housing construction, vegetable gardening and horticulture, where there is no approved land surveying project. Therefore, we will not focus on this point.

However, as practice shows, state registrars allow for registration areas increased by no more than 5% of the total area. This is considered an acceptable error when carrying out cadastral work. If the site has already been demarcated, but the owner intends to expand its boundaries, an addition of no more than 5% of the main territory can also be arranged free of charge. A new boundary plan must be prepared for the formed land plot for subsequent registration.

Definition and legal framework

The procedure for holding the event is regulated by two basic legislative acts. The first is the current Land Code of the Russian Federation (dated October 25, 2021) in the current version dated July 31 of this year. The second is No. 218-FZ (dated July 13, 2021) in the version also adopted on July 31, 2021.

Procedure for the event

Redistribution refers to the allocation and formation of new land plots located within the boundaries of existing ones. Moreover, the latter cease to exist and are excluded from the Unified State Register of Real Estate. Newly formed plots of land, on the contrary, are subject to mandatory state registration and inclusion in the federal database maintained by Rosreestr. The allocation is carried out in relation to land that is either privately or municipally owned.

Starting from the date indicated above, citizens who are owners of plots for gardening, horticulture, individual construction, and agricultural activities can apply to the Authorized Body (hereinafter referred to as the MA) in order to carry out an operation to redistribute land.

Mandatory requirements to start a merger

Not all areas can be combined. The possibility of carrying out an event requires the fulfillment of several conditions. Each of the merged areas must meet the following requirements:

• be registered in the cadastral register. If a real estate property is not included in the Unified State Register of Real Estate, it cannot take part in the merger. First you will need to enter it into the cadastre;
• have certain boundaries. Such areas are highlighted on the public map, maintained by Rosreestr, with yellow highlighting;
• belong to the same type and category of permitted land use. It is not allowed to combine plots if one of them is intended for individual housing construction, and the second - for private household plots;
• be adjacent. The presence of a common boundary of the merged areas is another mandatory requirement.

It is important to note one more legal nuance. It is allowed to combine plots that are not owned, but have the right of lifelong ownership or perpetual use. An additional condition is that the plots must be provided to one individual.

The procedure for registering an extension to a site

Submission of documents and applications is carried out electronically or in paper form. The application must be considered within ten days after submission. At the same time, all collected documents are carefully studied by UO specialists for errors. If there are violations of the requirements, in such cases the authority can return them to the applicant.

List of documents attached to the application

The Land Code contains a number of reasons on the basis of which land redistribution may be refused. For example, according to the new legislation, a citizen does not have the opportunity to carry out cutting if the plots:

The adjacent area of ​​the plot can be legitimized by registering an extension of the land plot. What are the features of registration of adding a land plot to the main one in 2021, we will consider in detail in this article.

Laws

Previously there was Art. 33 of the Land Code (LC), which stated that the permissible sizes of plots intended for gardeners, farmers, livestock breeders or summer residents were established by the laws of the constituent entities of the Russian Federation. At the same time, the sizes of plots for individual housing construction and personal subsidiary plots (LPH) were determined by acts of local authorities. In order to simplify the regulation of rights and eliminate duplication, this article has now been removed.

At the same time, for areas for which there are town planning regulations, the permissible dimensions are given in these documents (clause 1 of Article 11.9 of the Land Code).

These regulations, along with the types of permitted uses, indicate the maximum permissible area of ​​the site.

These town planning acts are municipal documents and are valid only in a certain territory.

In territories not related to the areas of application of these regulations, the size of plots will be determined according to the Land Code and other laws (clause 2 of Article 11.9 of the Land Code). The territories where there are no urban planning regulations, along with many other territories, include agricultural lands.

For such lands, the permissible plot sizes are regulated by the Land Code, as well as the law “On the turnover of agricultural lands” (No. 101-FZ of 2001) and the law “On private plots” (No. 112-FZ of 2003).

How to register the addition of a land plot in accordance with the Land Code

• total period 30 working days
• extension of the period to 45 working days (if additional documents are needed)
• The deadline for returning an incomplete set of documents is 10 days .

Time limits for consideration of an application for subdivision of a land plot

Laws in the field of land management and cadastre have undergone active changes in recent years. The new law on the addition of land plots, effective in 2021, is a whole layer of rules affecting the formation of land plots. From the beginning of 2021, Federal Law 217 on horticulture came into force, changing the basic concepts and definitions of summer cottages. On June 17, 2021, a new law 150-FZ was adopted, amending the laws on cadastral activities and real estate registration (218-FZ and 221-FZ). The changes concern complex cadastral works: the procedure for carrying them out is simplified, while it remains possible to increase the land plot up to 10% of its total area if, during the complex cadastral works, it turns out that in fact the plot is larger than on paper. The State Duma is also considering a number of amendments to simplify the procedure for registering land plots and buildings (the dacha amnesty will be extended until 2022).

Trim registration procedure

In Moscow and the Moscow region, decisions on increments are made by the central executive authorities or other authorized self-government bodies. You can find out more information about adjustments via the Rosreestr hotline or by contacting the MFC.

The owner submits a land surveying plan and an application on the appropriate form, in which he asks to produce a new layout of the site, already with the cutting included. Local authorities within 30 days, by making a decision by the commission, approve or deny the applicant’s request. It is at this stage that it becomes important to carefully prepare all the documents for registration of the cut-in, since the grounds for refusal may be inaccuracies, an incomplete set of documents, or the lack of grounds for making an approving decision. Therefore, we recommend contacting professionals when completing cuts to reduce the risk of refusal. The applicant bears all costs of making changes to the cadastral passport, which are carried out after signing the project for the redistribution of land plots.

Despite the fact that registration of extensions is the optimal solution for both the authorities and the owners, it is worth remembering that increasing your plot by the size of the extension will invariably lead to an increase in the cadastral value of the plot, and therefore the land tax.

How to register a “cut-in” under the new Land Code?

2) in the manner established by the state authority of a constituent entity of the Russian Federation , in relation to land plots owned by a constituent entity of the Russian Federation, lands or land plots for which state ownership is not demarcated;

Article 11.9. Requirements for created and changed land plots

2) name and location of the applicant (for a legal entity), as well as the state registration number of the entry on state registration of the legal entity in the unified state register of legal entities, taxpayer identification number, except for cases where the applicant is a foreign legal entity;

The addition of a land plot is carried out through the purchase of ownership, i.e. you buy part of a neighboring plot and, at the expense of this part, increase your plot (“Redistribution of a land plot, Art. 39.28, 39.29 of the Land Code of the Russian Federation”). The amount of payment for the land plot that you want to add to the existing one is set by the owner of the land - the state, a subject of the federation or a municipal entity, depending on its ownership (Clause 5 of Article 39.28 of the Land Code of the Russian Federation). To calculate the final price of the land plot to be cut, it is enough to know its area, cadastral value and the amount of the fee for the cut, which is set by the owner of the land as a percentage of its value.

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