The procedure for registering the adjacent territory of an apartment building. We register the local area as property

№39942
Good afternoon, tell me where to start with the design of the local area, all apartments in the house are owned, the management form is UK. The management company does not give us any documents, they say that the land is municipal and we cannot fence it. Cars avoid traffic jams through our yard, children have no place to walk. Where should we go with our question, what documents are needed for this? And in general, can we fence off our yard, who determines its boundaries? Moreover, we improve it at our own expense and on our own.

Hello Irina. To begin with, let us recall that there is no normative definition of the concept of “home area”. But in legal practice, it means a plot of land occupied multi-family development and intended for technical and economic maintenance of the house. According to Decree of the Government of the Russian Federation No. 491 of August 13, 2006, the local area includes fire passages, clothes dryers, playgrounds, collective parking lots, garages, children's and sports grounds, etc. Its size is determined by municipal authorities, based on the requirements of land and town planning legislation. When calculating the area of ​​the local area, the boundaries of the microdistrict, the sum of the usable area of ​​all residential buildings located in it, as well as the number of apartments in a particular building must be taken into account. To make calculations, use the formula given in SP 30-101-98 “ Guidelines according to the calculation of standard sizes land plots in condominiums" (approved by order of the Ministry of Land Construction dated August 26, 1998 No. 59): where S norms. – standard area of ​​the local area apartment building; S к – total area of ​​premises in apartment building; PZD has a specific indicator of land share per 1 sq. meter of housing, which is influenced by the number of storeys of the building and the year of construction. With the entry into force of the current Housing Code of the Russian Federation (March 1, 2005), the adjacent territory became the common shared property of the residents of an apartment building. But the owners must go through the formation procedure land plot and registering it with the state cadastral register (provided that land management and cadastral work has not previously been carried out). For houses put into operation after March 2005, this procedure is not necessary - the local area is determined at the stage of formation of a land plot for development and automatically becomes common property when purchasing an apartment. Registration of the local area is a complex and labor-intensive process that begins with a general meeting of owners. They must determine the boundaries of their land plot and the person authorized to register it. You should carefully study the local town planning regulations And general plan development of the area, since local governments determine the boundaries of local areas, guided precisely by them. Residents can independently estimate the size of the adjacent territory due to them using the above formula. Plastic bag necessary documents(technical passport, cadastral plan, land plot plan, application, minutes of the general meeting, scheme for the distribution of shares of owners in the ownership of common property in an apartment building, power of attorney of a representative, etc.) is submitted to the authorized authority, which makes a decision on the free transfer of the site into shared ownership of the residents. However, if there is a request to expand the boundaries of the local area, or they were not previously determined, the owners must carry out land surveying again at their own expense. After land management work, the authorized body must prepare a draft of the boundaries of the land plot, and the head of the local administration must approve it. Then residents need to register their land with the state cadastral register. The final step is the registration of the right of common shared ownership of a land plot, which is carried out by application with payment of a state fee. Registration of the land plot occupied by the house and adjacent to it into ownership is associated with the need to bear the costs of its maintenance. However, all the troubles and expenses can turn into profit - local area allowed to rent. Thus, if you are faced with “savings” on the local area, remember that it must comply with current sanitary, urban planning, fire and other requirements - the house cannot end with an entrance door. Lay out the land occupied by the house and adjacent to it, and improve it for yourself and your children. You can leave feedback about the quality of work of our specialists on home page website, in a special section. Thank you for your request. All the best.

Do you want to make a playground in your yard, parking for residents, and generally protect your site from raider attacks by entrepreneurs and builders? First of all, you need to design the local area.

In accordance with the Housing Code (Part 1 of Article 36 of the Housing Code of the Russian Federation) « Land plot on which this house is located, with elements of landscaping and landscaping and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot" belongs to the owners of the apartment building on the basis of common shared ownership. In accordance with paragraph 5 of Art. 16 of the Federal Law “On the entry into force of the Housing Code of the Russian Federation”, from the moment a land plot is assigned a cadastral number, it passes free of charge into the common shared ownership of all residents of the house.

But in order to fully use and dispose of this property, ownership must be formalized. Any owner can do this. What is needed for this?

Step one: We collect a package of documents:

Passport and its photocopy,

Certificate of ownership of the apartment and its photocopies

We submit these documents to the “Single Window” of the Vladivostok administration, st. Zapadnaya, 15 (tel. 252-63-02; tel. 252-61-68). We receive the incoming number and wait. In the meantime, the administration, at its own expense, carries out a topographic survey of the site, and after that you are invited to agree on its boundaries. After this, the Administration issues an “order to approve the land plot scheme” for your house. Now money for the design of local areas is allocated from the local budget. Therefore, after receiving the order, you will have to wait for the city to allocate money for land surveying and registration of a cadastral passport for your land plot.

This process takes quite a long period - many wait more than six months for the cadastral number of their local area to be assigned. This can be done faster if the owners pay for the survey themselves. Its results will need to be attached to the main package of documents and sent to the administration’s “Single Window”. After receiving the order to agree on the boundaries of the site, you order land surveying and a cadastral passport. Thus, the entire procedure can be completed much faster - in just 3 months.

Step two: After the plot has been assigned a cadastral number, you need to draw up a document on ownership. It can be obtained from the Office of the Federal Registration Service in the Primorsky Territory by providing the following documents:

1. Application that may be made owners of premises in an apartment building or representatives of owners of premises in an apartment building:

By notarized powers of attorney;

According to the decision of the general meeting of owners;

On any other basis consistent with the law.

If by decision of the general meeting of members of the homeowners association (hereinafter referred to as the HOA), the chairman and (or) other member of the HOA board is instructed to represent the interests of the HOA members when registering the right of common shared ownership of real estate, the following must be submitted:

HOA Charter,

A document confirming the election of a person to whom this right has been granted as chairman or member of the HOA board (the corresponding minutes of the general meeting of HOA members).

2. Document confirming payment of state duty in the amount of 100 rubles. from each shareholder (sub. 23 clause 1 article 333.33 Tax Code Russian Federation) (Sample receipt for payment of state duty for state registration of rights to real estate and transactions with it).

3. The decision of the general meeting of owners of premises in an apartment building on the formation of the land plot on which the apartment building is located (if there is such a decision).

4. Documents on the formation by a state authority or local government of the land plot on which the apartment building is located (order on approval of the draft boundaries of the land plot, after 01.11.2008 - administrative act on approval of the layout of the land plot).

5. Cadastral passport(cadastral plan) of the land plot on which the apartment building is located.

6. Decision (minutes) of the general meeting of owners (other agreement of participants in common shared ownership of common property in an apartment building) on ​​the determination the size of shares in the right of common shared ownership of a land plot of the owners of premises in an apartment building with indicating information about the owners of specific premises (residential or non-residential) in an apartment building.

7. Title documents confirming that the owners of premises in an apartment building have rights to these premises (for example, a certificate of inheritance rights), if at the time of submitting documents for state registration of the right of common shared ownership in the Unified State Register there are no records of state registration the existence of rights of owners (individual owners) of premises in an apartment building that arose before the entry into force of the Registration Law (original and copy).

Note: before state registration of the right of common shared ownership of a land plot that is common property in an apartment building, the owner of a residential premises must register his right to this premises, which arose before the entry into force of the Registration Law.

If all documents are completed correctly, then within a month you will receive a certificate of ownership of the land plot!

Advantages of registering ownership of the local area:

1. The owners themselves decide how to use this territory: make a children's playground on it, place a parking lot on it - free for residents and paid for outsiders, or even rent it out to entrepreneurs.

2. Ownership of the adjacent territory is a prerequisite for the house to participate in the regional co-financing program major repairs"The house we live in."

The owner of premises in MkDn has the right:

1) allocate actually his shares in common ownership for common property in an apartment building;

2) alienate one's share in common ownership for common property in an apartment building, as well as perform other actions , entailing transfer of this share separately from the ownership of the specified premises. (Article 37 Part 4 of the RF Housing Code).

Therefore, even if you were involved in registering ownership of the land and spent your personal time on it, this does not mean that you can solely dispose of this land - build a garage or anything else on it. The decision to use the local area is still made at general meeting of owners.

Who has ownership rights to the area around the high-rise building?

When purchasing an apartment in a new building, the owner of the property in most cases automatically becomes a co-owner of the adjacent territory, therefore, this issue is more relevant for residents of the old housing stock. According to the Housing Code of the Russian Federation, the plot of land on which the house is located is the common shared property of the owners of premises in a high-rise building (both residential and non-residential). The adjacent land plot passes into the possession of the owners of apartments and premises in an apartment building from the moment the land plot is formed and its state cadastral registration is carried out. After these necessary procedures have been completed, the owners of the premises in the house have the right to fully dispose of the adjacent territory, including limiting access to it by installing barriers and a fence.

How to register ownership of a local area?

If the land plot has not been formed and is not registered in the cadastral register, and the residents want to privatize it, then they should proceed as follows.

Step 1. Hold a general meeting of owners.

Any owner of premises in the house, or a group of owners, or a management organization has the right to take the initiative to hold a meeting. In order for the decision of the meeting to have legal force, the participation of the owners of more than half of the areas of the house is necessary. To gather residents for a meeting, it is necessary to notify them of its holding no later than ten days before the event. For this purpose, each apartment owner needs to send an invitation by registered mail, or hand a notice of the meeting to each resident personally against his signature, or leave an announcement at the entrance. If a group of owners who own more than 10% of the area of ​​the house intends to hold a meeting, then they have the right to contact the management organization or self-government body of the house to organize a general meeting. By voting, a majority of owners must make a decision on the formation of a plot and its registration in the cadastral register. Residents must also choose an authorized person who will handle the preparation of all necessary documents.

Step 2. Submit documents to the Moscow City Property Department.

A resident representative elected at the meeting submits an application for the formation of a site to the Moscow City Property Department. Based on the application, the department issues a resolution approving the layout of the land plot on the cadastral map (plan) of the territory for the purpose of further registration of the land plot with state cadastral registration.

Step 3. Apply to a cadastral engineer to prepare a boundary plan

In order to register a plot of land for cadastral registration, you need to contact a cadastral engineer, who must prepare a boundary plan.

Step 4. Submit an application to Rosreestr for cadastral registration and registration of common shared ownership rights

For cadastral registration and state registration of ownership rights to a local plot of land, you need to apply to Rosreestr and provide the following package of documents:

– decision of the Moscow City Property Department on the formation of a site and its cadastral registration;

– receipt of payment of state duties;

– minutes of the general meeting of owners of the premises of the house on the issue of forming a land plot;

– minutes of the general meeting of premises owners on the determination of shares in the right of common shared ownership of common property in the house;

– title documents confirming the rights of owners to their premises (if on the date of submission of documents to Rosreestr there are no records of the rights of such owners).

– boundary plan of the site prepared by a cadastral engineer.

As soon as all legal formalities are completed, the residents of the house become full owners of the local area. From this moment on, they must pay land tax and have the right to install fences and barriers. The installation of this equipment must be approved by the district administration, the Ministry of Emergency Situations, the traffic police and the housing and communal services department. It is important to note that when installing a fencing device, residents must provide round-the-clock and unhindered access to the local area for fire equipment, law enforcement agencies, ambulance, emergency services and gas services.

Do residents have the right to assign a parking space to themselves in the yard?

Yes, if the local area is registered as collective property and at a general meeting of residents a decision was made on the distribution of shares between the owners of the building areas. However, no unauthorized chains, posts or locks without a positive vote of ¾ of the apartment owners have any legal force. Moreover, you can exercise the right to contact the housing maintenance department with a personal or collective statement, and utility workers will be required to remove illegal barriers. You can also invite a local police officer, who must record the fact of arbitrariness, take photographs of illegally fenced parking lots and the license plates of cars parked in them. Next, the district police officer will send the documents to the police department for investigation.

How are disputes resolved if several houses claim one territory?

The dimensions and boundaries of local areas are determined by urban planning standards and land legislation. If the owners of a house, having fenced their yard, violate the right of other citizens to free access to their homes, or interfere with the laying of utilities and power lines, then the victims have the right to go to court. By decision of this authority, an easement may be imposed on fenced-off areas, that is, the court will oblige the owners of the fenced area to provide neighbors with the opportunity to freely use this land.

Readers contacted us with the following question: How to determine the boundaries of the local area and determine ownership of the land if the house-building is under the operational management of the fire department occupying the first floor? The remaining 9 apartments on the 2nd floor are privatized and all residents are owners.

How to register the local area as property?

In theory, each apartment owner has the right to a share in the adjacent plot. To register the right of common shared ownership of a plot, you must contact the registration service with a package of documents.

At the same time, the legislation of the Russian Federation provides for several options for determining the area of ​​land owned by a house (new buildings and houses built before 2005). A new building acquires a local area already at the commissioning stage. In the case of a house built before 2005 (i.e. before the Housing Code of the Russian Federation came into force), the owners need to register the house with the cadastral register (if the plot has not gone through a similar procedure earlier) and subsequently register the right of common ownership of the adjacent property territory.

To determine the right of common ownership of a house plot, a package of documents and a decision from the owners of the apartments of the building, adopted at a general meeting of owners, are required. The authorities are obliged to accept and review the package of documents, and subsequently carry out the formation of a land plot adjacent to the house and register it with the cadastral register. Only then will the owners receive the right of common ownership of the local area, and free of charge.

How to determine the boundaries of the local area?

We have already told our readers more than once.

Let us note once again that the boundaries of the territory adjacent to the house are determined in accordance with urban planning standards and land legislation. In other words, the size of the local area and its boundaries are determined by the municipal authorities in accordance with urban planning documentation. In this case, authorities must take into account the boundaries of neighboring buildings and the area of ​​municipal land.

Controversial situations

Often, after the property of the local area is determined, part of the land ends up in state property. For example, this is the land of municipal enterprises, which are located on the first floors of houses, or the land under yard toilets in old buildings.

These situations are legally complex and often cause a lot of controversy and disagreement. Therefore, in such cases, the help of qualified lawyers is definitely needed.

Note that from the legal side, the adjacent territory is a plot of land under an apartment building, necessary for the maintenance of this very house (economic and technical ones are needed). Along with this, Government Decree No. 491 stipulates that the adjacent territory of an apartment building includes fire entrances, playgrounds, parking lots and more.

Also approved by Order of the Ministry of Land Construction No. 59, the calculations take into account the total area of ​​all premises in the house and the specific indicator of the land share for each meter of housing.

Owners can themselves estimate the approximate area of ​​the local area, however, you should know that when calculating, the authorities will be guided by the area development plan and the purpose of adjacent objects, and the last word remains with the head of the local administration - he has the right to approve the project area and boundaries of the land plot under the apartment building.

However, this area is complex from a legal point of view. It is not surprising that readers have new questions.

Here is one of them: “Our building (9 floors, 143 apartments) has no adjacent territory at all. Because of this, we cannot create a homeowners association (we hope to win the places we are entitled to for a playground and parking). In front of our house there is only a road for access by special vehicles. Behind the road is a fenced vacant lot intended for the development of high-rise buildings. The city refuses to expand our local area, citing the fact that it is Ministry of Defense land. But we also have to live somehow. Our children have nowhere to go for a walk, nowhere to play, we have nowhere to park the car... How can we solve our problem. I would be grateful to everyone for their advice and tips.".

To begin with, let us recall that there is no normative definition of the concept of “home area”. But in legal practice, it means a plot of land occupied by multi-apartment development and intended for technical and economic maintenance of the house. According to Decree of the Government of the Russian Federation No. 491 of August 13, 2006, the local area includes fire passages, clothes dryers, playgrounds, collective parking lots, garages, children's and sports grounds, etc.

Its size is determined by municipal authorities based on the requirements of land and urban planning legislation. When calculating the area of ​​the local area, the boundaries of the microdistrict, the sum of the usable area of ​​all residential buildings located in it, as well as the number of apartments in a particular building must be taken into account. To make calculations, use the formula given in SP 30-101-98 “Guidelines for calculating standard sizes of land plots in condominiums”(approved by order of the Ministry of Land Construction dated August 26, 1998 No. 59):

Where S normal– standard area of ​​the local area of ​​an apartment building;

S to– total area of ​​premises in an apartment building;

At the pussy– specific indicator of land share per 1 sq. meter of housing, which is influenced by the number of storeys of the building and the year of construction.

With the entry into force of the current Housing Code of the Russian Federation (March 1, 2005), the adjacent territory became the common shared property of the residents of an apartment building. But the owners must go through the procedure of forming a land plot and registering it with the state cadastral register (provided that land management and cadastral work has not previously been carried out). For houses put into operation after March 2005, this procedure is not necessary - the local area is determined at the stage of formation of a land plot for development and automatically becomes common property when purchasing an apartment.

Registration of the local area is a complex and labor-intensive process that begins with a general meeting of owners. They must determine the boundaries of their land plot and the person authorized to register it. You should carefully study the local town planning regulations and the general plan for the development of the area, since local governments determine the boundaries of local areas, guided precisely by them. Residents can independently estimate the size of the adjacent territory due to them using the above formula.

A package of necessary documents (technical passport, cadastral plan, land plot plan, application, minutes of the general meeting, distribution scheme of owners' shares in the ownership of common property in an apartment building, power of attorney of the representative, etc.) is submitted to the authorized authority, which makes a decision on free transfer of the site into shared ownership of residents.

However, if there is a request to expand the boundaries of the local area, or they were not previously determined, the owners must carry out land surveying again at their own expense. After land management work, the authorized body must prepare a draft of the boundaries of the land plot, and the head of the local administration must approve it.

Then residents need to register their land with the state cadastral register. The final step is the registration of the right of common shared ownership of a land plot, which is carried out by application with payment of a state fee.

Registration of the land plot occupied by the house and adjacent to it into ownership is associated with the need to bear the costs of its maintenance. However, all the troubles and expenses can turn into profit - the local area is allowed to be rented out.

Thus, if you are faced with “savings” on the local area, remember that it must comply with current sanitary, urban planning, fire and other requirements - the house cannot end with an entrance door. Lay out the land occupied by the house and adjacent to it, and improve it for yourself and your children.