CrimeaPRESS reports:
In some regions, notes Domklik, you can receive land for free to build a house. Privileged categories of citizens or residents of republics and regions where special programs operate can register a plot of land for building a house (individual housing construction) or for farming. If you follow the rules for using the allotment, you can register it as your own.
We’ll figure out who can apply and how to get land for free to build a house.
Who can receive
In 2015, changes were made to the Land Code to explain how to obtain land for building a house. There are federal and regional categories of citizens who can count on free land. At the federal level, these are Heroes of Russia, the USSR and Russian Labor, as well as those awarded Orders of Glory of all degrees, Heroes of Socialist Labor. The owners of these awards are entitled to free plots of 8 acres in urban areas and 25 acres in rural areas.
Free land from the state can be obtained only once. It is issued from federal funds or municipal lands. All other plots are privately owned by citizens or legal entities, and are subject to market relations — purchase, sale, rent and inheritance.
Registration of citizens counting on free provision of land plots is regulated by the laws of the constituent entities of the Federation. The list is compiled by local governments in accordance with municipal or city regulations.
At the regional level, the following can receive land for the construction of a private house:
- large and young families
- military personnel and contract employees
- OBD employees
- citizens in need of housing (registered accordingly)
- young specialists in priority professions
- public sector workers
- combat veterans and BOB
This is not a complete list of categories of citizens who can count on benefits. The main ones are enshrined in Article 39.19 of the Land Code. You can also view the list on the government services website from your account.
In addition to the waiting list by social status, there is a separate one, which includes those who are waiting for a plot of land for individual housing construction, running a personal subsidiary plot, or creating a peasant (farm) economy.
Relocation programs
Another way to get a plot of land to build a house is to move to another region. Those wishing to participate in such programs is another list of citizens, which is maintained separately from the previous two. The waiting period for this list ranges from 3 to 5 years.
One of the most famous resettlement programs is the Far Eastern Hectare. According to it, any citizen of Russia, as well as participants in the state program to assist the voluntary resettlement of compatriots to Russia, have the right to receive land in the Far East for free. You can choose a site in one of 11 regions of the Far Eastern Federal District.
Now, in addition to the Far East, there are several municipal programs:
- for residents of Crimea
- for migrants from the Far North
- «Kostroma hectare»
- «Leningrad hectare»
- «Family Estate»
These programs do not limit the possibility of obtaining land for the construction of a residential building or agricultural needs. For example, the regions of Southern Russia and the Moscow region have their own programs for the development of agricultural land. You can find out about them on the website of the regional government or local multifunctional center (MFC).
That is, in order to receive free land from the state for personal construction, you must either join the queue of those in need upon application (in accordance with the list of categories of beneficiaries), or register the plot out of turn. We’ll tell you how to do this below.
For what purposes is land given?
The correct use of land obtained from state property from the point of view of legislation implies the following options:
- gardening, gardening
- entrepreneurship
- individual housing construction
- running a private farm
- conducting agricultural activities from agricultural lands
It is impossible to obtain land for free for other purposes, and misuse or negligence in managing the site may result in a fine and even loss of the plot. That is, it is possible for a veteran to receive land to build a house, for example, but in order for it to remain in the family, a number of actions must be taken and actually used for building a house, gardening, breeding poultry, and the like.
If this is not done, and over time, for example, the site becomes overgrown with weeds, then sanctions may be applied to the owner.
Compliance with land legislation is monitored by local governments and Rosreestr. They can identify violations and initiate proceedings under the Code of Administrative Offenses (CAO).
What can you be fined for?
They may be held liable in five cases:
- use of the site for purposes other than its intended purpose
- use of the site in violation of the rules of intended use
- land damage allowed
- the reclamation obligation has not been fulfilled
- obligations to bring the site to a condition suitable for its intended use have not been fulfilled
If land use violations are identified, the owner is issued an order to eliminate them. If this does not happen, a fine is issued, and the order also remains in force.
When can a site be seized?
If the site has been in a neglected state for more than three years, it may be seized. However, now in practice this is almost impossible, lawyers say. The legislation does not yet have a real mechanism for the seizure of land due to improper use.
But that may soon change. The draft law on the efficient use of land is planned to be submitted to the State Duma in May 2024.
Currently, two other options are actively working:
- if an unauthorized building is erected on the site, and the owner refuses to demolish it or legalize it
- withdrawal for state or municipal needs. But in such cases, the owner is paid compensation
How to register land for someone on the waiting list
Preferential categories of citizens whose right to the provision of land is enshrined in the Land Code, and those who decide to participate in the resettlement program, must declare their desire. If, of course, they want to become land owners. There are two ways to fill out an application to be placed in a queue to receive a land plot: take a form from the MFC in person or from the website. After this, you need to wait for the plots to be drawn.
The land is raffled off in a lottery format at the regional administration — when the turn comes, the applicant will be invited to draw a ticket with the cadastral number of the plot. The person on the waiting list cannot choose what he thinks is the most convenient option for the individual. dual housing construction and other needs. But if the ticket contains land that does not fit the conditions that he considers acceptable for development, he can refuse it and join the queue again.
However, you need to keep in mind that you will have to stand in the new queue for quite a long time, another two to three years. In addition, if you intend to build a house on a free plot, you must be a participant in the program to improve living conditions. Those on the waiting list who are not on the waiting list get land for gardening (but they can also build housing on it).
Are allotments issued out of turn?
You can skip the queue and get land faster, in two to three months. To do this, you need to independently find a free plot using a public cadastral map. This is a convenient online service that allows you to find information about land plots included in Rosreestr.
The procedure is as follows: on the map you need to move the cursor over the area of interest and see the status of the site: whether it is leased, owned, or has other encumbrances. If it does not belong to anyone, you can go to the “Services” section, from there to “Reference information on the property”, then “Generate a request”. Next, you need to follow the link with information from the Unified State Register of Real Estate: if the area is empty, the application will be generated automatically.
What to check and how to apply
An important point on the way to obtaining a free plot from the state is checking its status. Information must be requested from Rosreestr. This is a paid service — the statement will show whether the site has an owner or a tenant. If the corresponding column is empty, you can submit an application to the MFC. Documents confirming the right to land must be attached to it.
The application should indicate:
- Full name
- series, number, date of issue of the passport and the authority that issued it
- registration address and place of residence
- personal phone number or email address
- content of the appeal
- land address
- its cadastral number
- list of justifications attached to the application
The administration has 30 days to consider the application. A positive decision will be followed by an invitation to sign a lease agreement. Its validity period ranges from 3 to 49 years and depends on the type of use of the site. The lease rights are registered by Rosreestr, and the applicant becomes the owner of the plot. But the state can remain the owner.
You can change the allocated plot without a queue only if the land is unsuitable for the stated purposes. For example, it was planned to build a house on the site, but this is impossible for reasons beyond the control of who will build. These may be excessive elevation changes or swampy soil. In these circumstances, the land will necessarily be exchanged for another plot suitable for the purposes specified in the application.
Is it possible to give up land?
After registering a free plot for rent or ownership, the owner can refuse the land. Practice shows that this happens when the plot in reality turns out to be not very good in location, does not meet the expectations of the landowner, or the operating costs are too high, and the plot itself cannot be sold profitably due to the low market price. In this case, you can refuse the allotment. How to do it?
If the land is owned
If the land is owned, then the owner submits an application for relinquishment of rights through the MFC or sends a valuable letter with documents and their inventory to Rosreestr. If you have an enhanced qualified electronic signature, the refusenik can fill out an application electronically through the Rosreestr website.
If the site is in long-term use
If the land is in permanent (perpetual) use or lifelong inheritable possession, then the applicant applies with a refusal to the municipality.
source: Domklik
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