Receiving a land plot without an auction. Provision of a land plot for rent
There is a free piece of land (not delimited) owned by the municipality or the state, I don't know. Can I rent it for individual housing construction without bidding? Land use and development rules allow the use of the territory for individual housing construction. Buildings on ...
02 January 2017, 00:42, question No. 1489573 Andrey, St. Petersburg
800
price
the question
issue resolved
Lease of a land plot for the construction of a service station from the State
Good afternoon. I rented a land plot for the construction of a service station from the state for 10 years, in a very difficult case all possible attachments were created, etc. To date, the plot is fenced, there are communications, the lease is expiring ...
289
price
the question
issue resolved
Lease of a land plot from the Russian Federation (not from the city)
Good evening! I want to lease a land plot owned by the Russian Federation (federal land). Where should I turn (I have already been to the Committee of Property Relations of my city, they said that it was practically ...
300
price
the question
issue resolved
All legal services in Moscow
Land plot (lease for 49 years). Can I be the assignee of this site?
Hello. My dad and my mom divorced three years ago. Being married, he applied to the administration for the provision of a land plot for a vegetable garden (for rent for 49 years). A few months ago he died and left me a will for everything that I have ...
289
price
the question
issue resolved
Can I redeem land that is leased
Hello, this is the situation. I won the right to lease a land plot for capital construction at an auction. The premise was built, but with the delivery of the problem (officials are intriguing). Can I redeem the land before the task of the building in operation ....
08 July 2016, 11:03, question # 1308217 Alexander, Kamensk-Shakhtinsky
1600
price
the question
issue resolved
The issue of renting and buying out a land plot from the state
Land issue. The issue of renting and buying out a land plot from the state into ownership. Firstly, I could not find a specific regulation for the redemption of land for cad. cost. those. suppose I see a cad. cost of 200,000 rubles. but how do I know ...
500
price
the question
issue resolved
Lease of land from the state
Good day. Interested in the opportunity to lease land from the state for the construction of a car service. If this is possible, what is the sequence of actions, where to go and what to say?
June 15, 2016, 14:05, question # 1284993 Almir, St. Petersburg
800
price
the question
issue resolved
Provision of a land plot for lease for the cultivation of medicinal herbs
We want to engage in the production of herbal teas and packaging medicinal herbs, you need a land plot of 50sotok-1ha. The question is how to rent it from the administration and what kind of activity to ask for?
Refusal to provide a land plot for rent
Good day! Submitted to the Administration rural settlement an application for the provision of a land plot for lease for private household plots, having previously discussed its location and size. A month later, the answer came that, in accordance with our statement, it was accepted ...
Restrictions on the provision of a land plot for a private household, Article 39.18 of the Land Code (registration and residence, area)
Article 39.18 of the Land Code, providing land plots under the LPH cancels the effect of the federal law "On LPH"? In the Land Code there are no restrictions on the provision, while the law on personal subsidiary plots, Article 3. The right ...
600
price
the question
issue resolved
How to apply for the provision of a land plot for rent if you do not know the cadastral number?
Good day! I want to lease a land plot for construction (with further purchase) ... So, I need a certain plot, I know which street it is located on and what is located between houses 14 and 18 ... I also know what does not belong to a private one. ..
08 April 2016, 08:43, question No. 1212608 Natalia Sergeevna, Vladivostok
600
price
the question
issue resolved
Lands of private household plots within the boundaries of a settlement without an auction
Good day! There was an unallocated plot near the village, I came to the administration and wrote an application for the allocation of land to private household plots within the boundaries settlement to run private household plots, I hired a company, paid 12000-13000r, dissociated, received a cadastral ...
Electronic services
Service registration on the site
Who can apply for the service
- Individuals, Acceptance of requests and other documents necessary for the provision of public services from authorized representatives of individuals is not provided.
- Individual entrepreneurs, Legal entities and legal representatives;
- Applicants - copyright holders of buildings, structures or premises in buildings, structures located on land plots owned by the city of Moscow or state property to which it is not delimited, as well as legal entities to which such land plots are provided on the basis of the right of permanent (unlimited) use. Since August 1, 2015, accepting requests for the provision of public services from legal entities registered in the territory Russian Federation, is carried out only in electronic form using the Portal.
Service cost
Is free
List of required documents
- Information about the identity document of the applicant;
- Electronic image of the document confirming the authority of the representative to act on behalf of the applicant
- An electronic image of documents certifying (establishing) the applicant's rights to buildings, structures,
- An electronic image of a document certifying (establishing) the applicant's rights to a land plot, including confirming the right to provide a land plot for permanent (indefinite) use under the conditions established by land legislation, signed by an electronic signature of a notary in the manner prescribed by law
Terms of service provision
22 working days
Conditions for obtaining a service in the IVF
Who can apply for the service:
Individuals
Individuals who are the rightholders of buildings, structures or premises in buildings, structures located on land plots owned by the city of Moscow or state ownership of which is not delimited. Tenants of land plots that are in state or municipal ownership and on which buildings, structures are located, as well as tenants of land plots for the purpose of registering rights to adjacent land plots that are owned by the city of Moscow and which are not provided to third parties, if in accordance with by the approved project for land surveying, the use of these adjacent land plots is provided for the operation of such buildings and structures.
Legal entities
Legal entities that are the rightholders of buildings, structures or premises in buildings, structures located on land plots owned by the city of Moscow or state ownership of which is not delimited, as well as legal entities to which such land plots are granted on the basis of the right of permanent (unlimited) use ... Tenants of land plots that are in state or municipal ownership and on which buildings, structures are located, as well as tenants of land plots for the purpose of registering rights to adjacent land plots that are owned by the city of Moscow and which are not provided to third parties, if in accordance with by the approved project for land surveying, the use of these adjacent land plots is provided for the operation of such buildings and structures.
Individual entrepreneur
Individual entrepreneurs who are the rightholders of buildings, structures or premises in buildings, structures located on land plots owned by the city of Moscow or state ownership of which is not delimited. Tenants of land plots that are in state or municipal ownership and on which buildings, structures are located, as well as tenants of land plots for the purpose of registering rights to adjacent land plots that are owned by the city of Moscow and which are not provided to third parties, if in accordance with by the approved project for land surveying, the use of these adjacent land plots is provided for the operation of such buildings and structures.
Service cost and payment procedure:
Is free
List of required information:
Request (application) for the provision of public services (original, 1 pc.)
- Mandatory
- Provided with no return
The applicant has the opportunity to submit a request in electronic form by filling out an interactive request form on the Portal. Since August 1, 2015, requests for the provision of public services from legal entities registered in the territory of the Russian Federation are accepted only in electronic form using the Portal. When submitting a request in electronic form, legal entities submit electronic images of documents signed with an electronic signature.
Applicant's identity document (original, 1 pc.)
- Mandatory
Document confirming the authority of the representative to act on behalf of the applicant (original, 1 pc.)
- Mandatory
- Provided only for viewing (making a copy) at the beginning of the service
- Mandatory
- Provided with no return
Notarized copies of documents certifying (establishing) the applicant's rights to buildings, structures, if the rights to such buildings, structures in accordance with the legislation of the Russian Federation are recognized as having arisen regardless of their registration in the Unified State Register of Real Estate (notarized copy, 1 pc.)
- Mandatory
- Provided with no return
Notarized copies of documents certifying (establishing) the applicant's rights to a land plot, including confirming the right to provide a land plot for permanent (unlimited) use on the terms established by land legislation (notarized copy, 1 pc.)
- Mandatory
- Provided with no return
Permission of the mortgagee of the right to use a land plot to provide a land plot without bidding (original, 1 pc.)
- Mandatory
- Provided with no return
Water use agreement (original, 1 pc.)
- Mandatory
- Provided only for viewing (making a copy) at the beginning of the service
Certified translation into Russian of documents on state registration legal entity in accordance with the legislation of a foreign state (original, 1 pc.)
- Mandatory
- Provided with no return
Terms of service provision
22 working days
Service result
Issued:
- Land lease agreement (original, 1 pc.)
Forms of receipt
Through a legal representative
On the WEB site
Grounds for refusal to provide services
The grounds for refusing to provide a public service are:
1. Expiration of the period for the suspension of the provision of the public service, if during this period the reasons that became the basis for the suspension of the provision of the public service have not been eliminated, with the exception of the period established by clauses 2.9.3.1, 2.9.3.3 and 2.9.3.4 of the Service Regulations.
2. The presence of one or more grounds provided for by Article 39.16 of the Land Code of the Russian Federation:
An application for the provision of a land plot was submitted by a person who, in accordance with land legislation, has no right to acquire a land plot without holding an auction;
The land plot specified in the application for the provision of the land plot was granted on the basis of the right of permanent (unlimited) use, gratuitous use, life-long inherited possession or lease, unless the owner of these rights applied for the provision of the land plot or an application for granting the land plot was submitted to in accordance with subparagraph 10 of paragraph 2 of article 39.10 of the Land Code of the Russian Federation;
The land plot indicated in the application for the provision of a land plot was provided to a non-profit organization created by citizens for gardening, gardening, dacha farming or integrated development of the territory for the purpose of individual housing construction, with the exception of cases of filing an application from a member of this non-profit organization or this non-profit organization, if the land plot belongs to common property;
On the land plot specified in the application for the provision of a land plot, there are a building, a structure, an object of unfinished construction, owned by citizens or legal entities, except in cases where a structure (including a structure, the construction of which has not been completed) is located on a land plot under easement conditions or an object is located on a land plot, provided for in paragraph 3 of Article 39.36 of the Land Code of the Russian Federation, and this does not prevent the use of a land plot in in accordance with its permitted use, or with an application for the provision of a land plot, the owner of this building, structure, premises in them, this object of unfinished construction has applied;
On the land plot specified in the application for the provision of a land plot, a building, a structure, an object of unfinished construction, which are in state or municipal ownership, are located, unless the structure (including a structure, the construction of which has not been completed) is located on a land plot under easement conditions or the right holder of this building, structure, premises in them, this object of unfinished construction has applied for the provision of a land plot;
The land plot specified in the application for the provision of a land plot is withdrawn from circulation or limited in circulation and its provision is not allowed on the basis of the right specified in the application for the provision of a land plot;
The land plot specified in the application for the provision of a land plot is reserved for state or municipal needs in the event that the applicant has applied for the granting of a land plot for ownership, permanent (indefinite) use or with an application for the provision of a land plot for rent, free use for a period exceeding the validity period of the decision to reserve a land plot, except for the case of granting a land plot for reservation purposes;
The land plot specified in the application for the provision of a land plot is located within the boundaries of the territory in respect of which an agreement on the development of a built-up area has been concluded with another person, except for cases when the owner of a building, structure, premises in them, an unfinished object has applied for the provision of a land plot. construction located on such a land plot, or the copyright holder of such a land plot;
The land plot specified in the application for the provision of a land plot is located within the boundaries of the territory in relation to which an agreement on the development of a built-up area has been concluded with another person, or the land plot is formed from a land plot in relation to which an agreement on integrated development of the territory has been concluded with another person, with the exception of in cases where such a land plot is intended for the placement of objects of federal significance, objects of regional significance or objects of local significance and a person authorized to construct these objects has applied for the provision of such a land plot;
The land plot specified in the application for the provision of a land plot is formed from a land plot in respect of which an agreement on the integrated development of the territory or an agreement on the development of a built-up area has been concluded, and in accordance with the approved documentation for the planning of the territory is intended for the placement of objects of federal significance, objects of regional significance or objects of local importance, except in cases where an application for the lease of a land plot has been submitted by a person with whom an agreement on the integrated development of the territory or an agreement on the development of a built-up area has been concluded, providing for the obligation of this person to build these facilities;
The land plot specified in the application for the provision of a land plot is the subject of an auction, the notice of which has been posted in accordance with paragraph 19 of Article 39.11 of the Land Code of the Russian Federation;
With regard to the land plot specified in the application for its provision, an application was received, as provided for in subparagraph 6 of paragraph 4 of Article 39.11 of the Land Code of the Russian Federation, for an auction to sell it or an auction for the right to conclude a lease agreement, provided that such a land plot was formed in accordance with subparagraph 4 of paragraph 4 of Article 39.11 of the Land Code of the Russian Federation and the authorized body did not decide to refuse to hold this auction on the grounds provided for in paragraph 8 of Article 39.11 of the Land Code of the Russian Federation;
With regard to the land plot specified in the application for its provision, a notice of the provision of a land plot for individual housing construction, maintenance of personal subsidiary plots, gardening, dacha farming or the implementation of its activities by a peasant (farm) economy;
The permitted use of a land plot does not correspond to the purposes of using such a land plot specified in the application for the provision of a land plot, except for the cases of placing a linear object in accordance with the approved project for the planning of the territory;
The requested land plot is not included in the list of land plots provided for defense and security needs and temporarily not used for these needs, approved in accordance with the procedure established by the Government of the Russian Federation, if an application for the provision of a land plot is submitted in accordance with subparagraph 10 of paragraph 2 of Article 39.10 The Land Code of the Russian Federation;
The area of the land plot specified in the application for the provision of a land plot to a non-profit organization created by citizens for conducting truck farming, gardening exceeds limit size set according to federal law;
The land plot specified in the application for the provision of a land plot in accordance with the approved documents of territorial planning and (or) documentation on the planning of the territory is intended for the placement of objects of federal significance, objects of regional significance or objects of local significance and an application for the provision of a land plot was applied by a person who is not authorized for the construction of these facilities;
The land plot specified in the application for the provision of a land plot is intended for placement of a building, structure in accordance with the state program of the Russian Federation, the state program of the constituent entity of the Russian Federation, and a person who is not authorized to construct this building or structure has applied for the provision of a land plot;
The provision of a land plot for the declared type of rights is not allowed;
With regard to the land plot specified in the application for its provision, the type of permitted use has not been established;
The land plot specified in the application for the provision of a land plot is not assigned to a specific category of land;
With regard to the land plot specified in the application for its provision, a decision was made to preliminary agree on its provision, the validity of which has not expired, and another person not specified in this decision applied with an application for the provision of the land plot;
The land plot specified in the application for the provision of a land plot has been withdrawn for state or municipal needs and the purpose of the provision of such a land plot specified in the application does not correspond to the purposes for which such a land plot was withdrawn, with the exception of land plots seized for state or municipal needs in connection with recognition apartment building located on such a land plot, emergency and subject to demolition or reconstruction;
The boundaries of the land plot specified in the application for its provision are subject to clarification in accordance with the Federal Law of July 24, 2007 N 221-FZ "On the State Real Estate Cadastre" and the Federal Law of July 13, 2015 N 218-FZ "On the State registration of real estate ";
The area of the land plot specified in the application for its provision exceeds its area specified in the land plot layout plan, land survey project or in project documentation forest plots, in accordance with which such a land plot is formed, by more than ten percent.
3. The presence of one or more grounds provided for by the Law of the City of Moscow dated December 19, 2007 N 48 "On land use in the city of Moscow":
Lack of confirmation of property rights to objects in the Unified State Register of Real Estate real estate located on a land plot, lack of documents confirming property rights arising on these real estate objects before the entry into force of the Federal Law of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it", as well as the absence in the Unified State Register of Real Estate of information about buildings, structures located on a land plot (in case of applying for a land plot on the grounds provided for by subparagraph 6 of paragraph 2 of Article 39.3 and subparagraph 9 of paragraph 2 of Article 39.6 of the Land Code of the Russian Federation);
Litigation in relation to a land plot and (or) buildings and structures located on it, including challenging rights to a land plot, cadastral value of a land plot, borders, area, permitted use of a land plot, rights to buildings and structures located on it;
The presence of an act of the authorized executive body of the city of Moscow confirming the fact of illegal (inappropriate) use of the land plot, the fact of the presence of an illegally placed real estate object, except for cases when the authorized executive body of the city of Moscow draws up an act confirming the suppression of illegal (inappropriate) use of the land plot;
Inclusion of an immovable property located on a land plot in the list of immovable property objects established on land plots, not provided (not allocated) for construction (reconstruction) purposes, and / or in the absence of a building permit, in respect of which the right has been registered, approved by the Moscow Government property and (or) information about which is entered in the prescribed manner in the Unified State Register of Real Estate, except for cases when such an immovable property has been demolished or legal proceedings have been completed related to the placement of such an immovable property;
Availability of the rights of third parties to the land plot, formalized in accordance with the established procedure and preventing, in accordance with the legislation of the Russian Federation, from making a decision on granting the land plot into ownership without bidding;
Lack of permission from the pledgee of the right to use the land plot to provide the land plot without holding an auction;
Failure to submit the draft agreement signed by the applicant within thirty days;
Death of the applicant - an individual, termination of the activities of the applicant - an individual entrepreneur, liquidation of the applicant - a legal entity;
Lack of cadastral information in the Unified State Register of Real Estate about the coordinates of characteristic points of the boundaries of the converted (updated) land plots, the permitted use of the land plot, cadastral value;
Lack of an approved project for land surveying (in case of applying for the subsequent provision of a land plot adjacent to the land plot on which the building, structure is located, in accordance with the requirements of Article 24 of the Federal Law of April 5, 2013 N 43-FZ "On the specifics of regulation separate legal relations in connection with the annexation of territories to the constituent entity of the Russian Federation - the city of federal significance Moscow and on the introduction of amendments to certain legislative acts of the Russian Federation ");
The presence of an apartment building within the boundaries of the land plot;
The location of the boundaries of a building, structure, in whole or in part, outside the boundaries of the requested land plot;
Crossing the boundaries of a land plot with the boundaries of other land plots registered in the cadastre;
Availability of interim measures imposed on the land plot, building, structure located on the requested land plot, and (or) the rights of use to the specified real estate objects;
2. The applicant's application for a public service, the provision of which is not carried out by the Department.
3. Inconsistency of the submitted request and documents with the requirements established by legal acts of the Russian Federation, legal acts of the city of Moscow, Uniform requirements, Service regulations.
4. Loss of validity of the submitted documents (if the validity period of the document is specified in the document itself or is determined by law).
5. Lack of a complete set of documents required for the provision of public services to be submitted by the applicant.
6. The presence of inaccurate and (or) contradictory information in the submitted documents.
7. Submission of a request on behalf of the applicant by an unauthorized person.
8. Conflict of documents or information obtained using interdepartmental information interaction, including the use of the Base Register, documents or information submitted by the applicant.
4. Signing a request and other documents in electronic form using an electronic signature in violation of the requirements of regulatory legal acts of the Russian Federation and the city of Moscow.
Office:
(DGI of Moscow)
Hello Jeanne.
You need to check whether the specified land plot is really registered in the cadastral register, independently request an extract on the rights to the specified plot. If the lease right is registered, then it must be on the statement.
It is also necessary to check whether there really is a non-residential premises on this land plot, whether it is on the cadastral register, to whom it belongs by right of ownership.
It is also necessary to find out the type of permitted use of the land plot and the category of land use, whether the land plot is included in the land of settlements, taking into account the possibility of building a residential building on it. To which zone is it assigned by the Land Use and Development Rules of the municipality.
Land Code
Article 7. Composition of lands in the Russian Federation
1. Lands in the Russian Federation for their intended purpose are subdivided into the following categories:
2) lands of settlements;
The transfer of rights and obligations is possible depending on the term and conditions of the main lease agreement.
Article 22. Lease of land plots5. A lessee of a land plot, with the exception of residents of special economic zones - tenants of land plots, has the right to transfer his rights and obligations under a land plot lease agreement to a third party, including to give the lease rights of the land plot as a pledge and make them as a contribution to the authorized capital a business partnership or company or a share contribution to a production cooperative within the term of the land lease agreement without the lessor's consent, subject to his notification, unless otherwise provided by the land lease agreement. In these cases, the new lessee of the land plot becomes liable under the lease agreement for the land plot to the lessor, except for the transfer of lease rights as collateral. At the same time, the conclusion of a new lease agreement for the land plot is not required.
9. When leasing a land plot in state or municipal ownership for a period of more than five years, the lessee of the land plot has the right, unless otherwise provided by federal laws, to transfer his rights and obligations under this agreement to a third party within the term of the land plot lease agreement. , including the rights and obligations specified in paragraphs 5 and 6 of this article, without the consent of the lessor, subject to his notification. Changing the terms of the lease agreement for a land plot without the consent of its lessee and limiting the rights of its lessee established by the lease agreement for a land plot are not allowed. Unless otherwise provided by this Code, another federal law, early termination of a land plot lease agreement concluded for a period of more than five years, at the request of the lessor, is possible only on the basis of a court decision in case of a significant violation of the land plot lease agreement by its tenant.
Sincerely! G.A. Kuraev
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