What is the right of permanent perpetual use of a land plot and how to obtain it? Permanent (perpetual) use and lifelong inheritable possession An act of perpetual use of a land plot.
Legal grounds for indefinite use of land
Didn't exist in Soviet times private property to the land, since it all belonged to the state. The plots were only transferred for so-called perpetual use to citizens, who could dispose of them as if they were their own: exchange, sell, rent.
The new Land Code, which came into force in 2001, prohibited both the disposal of municipal land as if it were your own, and the transfer of land for perpetual use to people. But the right of permanent unlimited use land plot, given earlier, is still valid.
Article 39.9 of the Land Code has limited the circle of those who now have the right to unlimited permanent use of a land plot. This is exclusively:
- government bodies;
- self-government bodies;
- autonomous, state-owned or budgetary government institutions;
- government organizations;
- heritage centers former presidents RF.
At the same time, as stated in the law “On the entry into force of the Land Code...” dated October 25, 2001 No. 137-FZ, the right of permanent unlimited use of a land plot is retained by the citizen to whom this plot was allocated for an indefinite period.
If a plot of land was provided for perpetual use to an organization, it has either already been acquired into ownership or leased (if the land is not re-registered, organizations risk being fined from 20 to 100 thousand rubles) - this is a legal requirement that does not apply to citizens. Citizens can re-register land that they own indefinitely at any time, since individuals are liable for untimely re-registration. persons do not exist.
User Rights and Responsibilities
If you have the right to permanent, unlimited use of a land plot, the Land Code allows you to:
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- use the subsoil and reservoirs that exist on the site;
- build a house, open a retail outlet or production workshop (in accordance with the purpose of the land);
- drain, irrigate, cultivate the site;
- re-register the plot in your name for free.
Along with the rights, Article 41 of the Land Code imposes some obligations:
- use the site only in accordance with its purpose;
- do not pollute the area;
- protect it from fire;
- prevent soil depletion and loss of fertility.
It is important to remember that the right to permanent, unlimited use of a land plot is not a right of ownership, so you cannot:
- sell a plot;
- exchange or give it;
- rent out;
- bequeath
In order to become the full owner of the land, you need to re-register it in your name.
Re-registration of land
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To register any transaction, you need a basis, such as a purchase and sale agreement or a decision on the provision of land. The right to permanent, unlimited use of a land plot may not be documented, that is, neither the user nor the local administration may have documents confirming this right. This applies to cases where the site is located in a gardening or dacha community. After all, your plot was formed from a large plot that was provided not to you personally, but to a gardening or collective farm, so the basis for re-registration of the land in this case will be an extract from the order of the local executive committee on the provision of land for eternal use specifically to the partnership, gardening or collective farm.
In order to privatize such a plot, the first thing you need to do is register it with the cadastral register. To do this, you must first carry out a survey. Anyone can survey a plot of land and complete the survey process. cadastral engineer, having the appropriate license. You can find out the list of engineers on the Rosreestr website.
When the survey work is ready, you need to come to the cadastral chamber or Multifunctional Center at the location of the land and submit an application for registration of the site. The registrar needs to submit a passport and a land survey document. In a maximum of 10 days you will receive a cadastral passport.
You need to contact the registration chamber or multifunctional center with the cadastral passport, boundary file and the decision of the executive committee on the provision of land. The state duty for the transaction is 2000 rubles. The registrar has 7 working days to formalize the transfer of ownership and issue an extract from the Unified State Register of Real Estate confirming the applicant's ownership. After registration, you will no longer have the right to permanent, perpetual use of the land; instead, you will have ownership of the land.
In addition to land ownership, there is the possibility of leasing. This type of use is sufficient for the full-fledged conduct of any activity. The plot can be leased for a certain period or on an indefinite basis. In the second case, this can only be done by authorities to a certain circle of people with the condition intended use put it on.
What is the right of permanent use of land?
Perpetual use of land is one of the types real rights. It arises on a plot of land that was placed at the disposal of state-owned enterprises and authorities local government, municipal and state property, state authorities. Have the right to such use and individuals. But they cannot dispose of this land.
Legal nuances (Land Code)
The Land Code of the Russian Federation contains full list subjects having the right to use land (Article 5):
- owners;
- land users;
- landowners;
- tenants;
- easement holders;
- copyright holders.
As for permanent use, the definition of the circle of persons is specified in Art. 39.9 of the Land Code of the Russian Federation:
- local government bodies;
- organs state power;
- state-owned enterprises;
- centers of historical heritage of the presidents of the Russian Federation.
Permission for such use is made exclusively with the permission of the authorities local authorities. Only they have the right to transfer the land to unlimited use.
The right to free maintenance and use of land
Another type of land use is gratuitous use. It can be provided by those who use the land indefinitely. In this case, there is a significant difference: such a right is granted for a certain period. An agreement must also be concluded, which is not done for indefinite use of the site.
This document may indicate what can and cannot be done on that land. If such a clause is absent, this means that the disposal is carried out in accordance with the technical and economic purpose of the allotment.
Rules free use contained in Civil Code(ch. 36). And the Land Code establishes the rules for the transfer of land (Article 24), a list of persons and terms (Article 39.10), and obligations for the use of land (Article 42).
Who is eligible?
Individuals and legal entities are vested with this right to varying degrees.
For individuals
Citizens cannot obtain land for permanent use. They can only buy or rent a plot on a paid basis.
But those who received it before 2001 continue to use it without the right to dispose of it.
They can privatize this plot, and there is no time limit. But there is a significant limitation: this opportunity can only be used once.
Legal entities
Legal entities can receive land for permanent use from the authorities. They receive the right to operate on a specific land plot without registering ownership of it. However, there are a number of restrictions that do not allow transfer for permanent use:
- territories related to forest and water resources;
- protected areas;
- contaminated lands (after radiation accidents);
- strategically important objects.
There may be exceptions, for example emergencies or military action.
How to register common ownership of land?
Since 2005, a new concept for Russia has emerged: common ownership.
Re-registration procedure
The fact that the land plot is in public shared ownership, means that it has several owners, each of whom owns a certain share of the common property.
This leads to the peculiarities of the conditions for its use, sale, and land surveying. But a situation may arise when one or more owners want to allocate their part of the plot. Therefore, there is a need to re-register the site.
If the remaining owners agree, the division occurs on a voluntary basis. To do this, it is necessary to carry out land surveying and define new boundaries. The documents received after this procedure are transferred to the local administration for signing. Next, you need to obtain permission from the property management committee to divide the site.
If the parties do not agree to allocate the site, then the issue will have to be resolved in judicial procedure. Will need to submit statement of claim with a request to allocate a share in kind. The same documents are attached to the claim as in the first case.
It may happen that a plot of land that is in common shared ownership is indivisible. This means that a structure has been erected on it and it is impossible to mark boundaries or divide the land without violating the integrity of the building. Then two options are possible:
- equal shares are established for all owners;
- one owner buys from the others their shares of land and the building located on it.
After this, state registration can be carried out.
Statement
In order to divide a common plot, in addition to documents, you will also need an application.
It must indicate the full name, passport and contact details of the citizen who wishes to allocate his share, complete information on common property, description of the allocated area. The document must be signed by the applicant and must indicate the date of its preparation.
State registration of the agreement
The application, documents received at the first stage, as well as the land acquisition agreement and cadastral passports must be submitted to the registration authority, which within 14 calendar days will issue a document granting the right to use the allocated area.
If the re-registration took place through the court, then state registration of the agreement is carried out on the basis of a court decision.
Price
To carry out the procedure for re-registration of a land plot that is in common shared ownership, each owner must pay a state fee of 200 rubles. When registering with Rosreestr, a fee is also charged, the amount of which depends on the cost of the share of the site.
Land for rent without term
You can obtain a land plot for an indefinite lease by participating in an auction. To do this, the local administration publishes a tender announcement. The winner is given the land for lease without a term. As a result, he receives the right to conduct economic activity not only directly on the site, but also in the buildings located on it, as well as for the construction of new buildings.
If the plot has an agricultural purpose, then the tenant can subsequently buy it at the market price and register ownership.
A person wishing to receive land for an indefinite lease can independently select a free plot and contact the local administration with a request for its allocation. If this plot of land has not undergone land surveying, then it must be carried out. Otherwise, it will be enough to order cadastral documents, where the required area will be highlighted on a general map. Next, an application is submitted to the local government and the administration will respond within 30 days.
Temporary transfer of land
If a land plot is transferred for use for a certain time, then the period depends on the subject of law and the purpose of use:
All conditions are spelled out in detail in Art. 39.10 Land Code.
In any case, the use of the site must be exclusively for its intended purpose. Land holders are also obliged not to take actions that could lead to deterioration environment, do not allow a decrease in fertility, do not lease the plot.
Possible problems during the transition
In order to avoid problems with the perpetual lease of a land plot, its use must be intended. IN otherwise authorities in unilaterally may terminate the contract.
Permanent use of land implies that this plot cannot be leased out. Even if the owner gives such consent, it is illegal.
You also need to remember that, despite the fact that the land has been transferred for indefinite use, another person remains the owner. This means that the owner can use it at his own discretion (of course, only within the permitted types). So there may be disagreements here.
After significant changes were made to the Land Code in 2008, the owner of a land plot can terminate the contract in court, regardless of the fact that a perpetual lease has already been issued. contains an indication that normative act of a local government body may be declared invalid based on a court decision.
Since legislation in this area changes quite dynamically, if any provision is violated when drawing up an agreement, the land transfer procedure can be challenged.
In 2013, an amendment to the Code of administrative offenses, which states that the re-registration of land in perpetual use must be carried out in certain deadlines. Otherwise, the user is responsible for non-compliance.
Termination of the agreement
The contract can be terminated at the request of either party.
In what cases does it happen?
As a rule, the perpetual use of land is terminated in the following cases:
- by order of the authorities that transferred the allotment;
- at the request of the owner.
For what reasons?
The reasons for termination of the contract may vary. For example, a citizen may change his place of residence and simply no longer needs the land.
Or maybe he no longer wants to work there and plans to take up other activities.
The authorities may terminate the contract mainly due to misuse plot. This happens when a complaint is received about misconduct owner. In this case, a special commission is created that examines the plot. If the facts contained in the complaint are confirmed, documents are submitted to the court, which makes a final decision on the future fate of the site.
Also, the authorities can terminate the contract unilaterally if the user has actually abandoned the land, does not improve it, or does not care for it.
Conclusion
To carry out its business activities, a legal entity requires land or buildings located on it. For certain categories, it is possible not to buy a plot, but to receive it for an indefinite lease. The legislation clearly defines the procedure for concluding such an agreement, which must be strictly observed, otherwise the transaction may be declared invalid.
20. The right to permanent (indefinite) use of land
Right of permanent (unlimited) use to land is a real right of persons who are not owners. The right to permanent (unlimited) use of a plot located in the state or municipal property, is provided on the basis of a decision of an authorized state or municipal body.
From the date of entry into force of the Land Code of the Russian Federation, land plots that are in state or municipal ownership are provided for permanent (indefinite) use to state and municipal enterprises, institutions, as well as state authorities and local governments. Other legal entities are required to re-register the right of permanent (perpetual) use of land plots to the right to lease land plots or acquire land plots as their own. In addition, religious organizations have the right to re-register the right of permanent (indefinite) use to the right of free temporary use.
When selling buildings, structures, structures located on land plots provided legal entities on the right of permanent (perpetual) use, such a right is subject to re-registration for the right of lease or land plots must be acquired as ownership in accordance with the provisions of the Land Code of the Russian Federation at the choice of the buyer of buildings, structures, structures.
Land plots are not provided to citizens for permanent (indefinite) use. Providing ownership to citizens land plots, previously provided to them for permanent (indefinite) use, is not limited by period.
The right of permanent (indefinite) use of land plots in state or municipal ownership that arose among citizens or legal entities before the entry into force of the Land Code of the Russian Federation is retained. Citizens who own land plots with the right of permanent (perpetual) use have the right to acquire ownership of them. A citizen has the right to acquire ownership of a land plot in his permanent (perpetual) use free of charge one time, while charging additional sums of money in addition to the fees established by federal laws is not allowed.
Citizens or legal entities that own land plots with the right of permanent (perpetual) use do not have the right to dispose of these land plots.
Citizens or legal entities to whom a land plot is provided for permanent (indefinite) use shall own and use this plot within the limits established by law, other legal acts and the act of granting the site.
These persons have the right, unless otherwise provided by law, to independently use the site for the purposes for which it was provided, including the construction of real estate. Real estate created by a person for himself is his property. Such persons also have the right to transfer this land plot for rent or free-term use only with the consent of the owner of the plot.
The right to permanent (indefinite) use of a land plot is terminated if the land user renounces his right to the plot on the terms and in the manner prescribed Art. 53 ZK Russian Federation, or due to forced seizure.
Russian legislation calls the right of permanent (indefinite) use of a land plot one of the types of property rights. This right can arise exclusively for plots of land provided for state and municipal ownership, at the disposal of state-owned enterprises. In addition, state authorities and self-government bodies are vested with the right to receive land plots for permanent use.
A person who has been granted a plot of land for permanent use owns and uses this plot within the limits established by law, - certain legal acts and acts on the provision of allotment for use. The land user has the right, if provided by law, to use the land plot at his own discretion for permitted purposes. This includes the construction of buildings and structures on a given site or other real estate. The erected buildings and structures on a land plot with the right of perpetual use will be the property of the person who created this real estate.
Federal Law No. 137, dated October 25, 2001, states that legal entities, with the exception of legal entities specified in paragraph 1 of Art. 20, in mandatory must re-register title documents for permanent use of land plots for the right to lease these plots of land or acquire ownership of them. Religious organizations are also obliged to re-register the land plots allocated to them into the category of free, fixed-term use at their own discretion. These actions had to be carried out in accordance with the rules of the Land Code of the Russian Federation before 07/01/2012.
Legal entities on whose lands roads, pipelines, communication and power lines, railway lines, and other linear objects are located must re-register documents of the right to perpetual use of these lands for the right of lease relations or acquire ownership before 01/01/2013. Prices for this event are provided for by the Introductory Law.
For land plots that were previously provided for perpetual use to gardening and dacha associations, the right of permanent use is re-registered in accordance with the Federal Law adopted in relation to these associations.
The right to perpetual use of a certain plot of land can be acquired by the owner of real estate, for example, buildings or structures, when this real estate is located on this land plot.
Art. 36 Land Code of the Russian Federation. Legal and civilians owned and used free of charge, operational management, economic management structures, structures, buildings that are located on lands owned by the state or municipally owned, receive rights to these plots of land in accordance with this Land Code. Organizations of a religious orientation that own buildings, structures for religious purposes, which are located on public or municipal lands, these land plots are given ownership free of charge.
In Art. 20 clause 1 states that currently citizens are not provided with land plots for permanent use. Paragraph 3 of this article states that the right to perpetual use of lands that are under state and municipal ownership, which arose among civil and legal entities before the entry into force of the Land Code, is preserved.
Land, owned by citizens with the right of unlimited use, subject to re-registration. Citizens have the right to acquire ownership of these plots for free, that is, to re-register rights to a plot that was previously issued to them legally in accordance with the decision of the competent government agency for permanent use.
Re-registration of ownership rights to land plots for private individuals is not limited in time. Thus, for citizens who do not exercise the right of re-registration, no consequences will arise; the land allotment will not be cancelled. However, one must understand that this right is provided in the interests of citizens, therefore it is better to use the right to freely re-register land rights. The fact is that only ownership of land makes it possible to fully exercise one’s rights of ownership, use and dispose of this real estate at one’s own discretion.
Citizens can use the right to acquire a plot of land free of charge only once. For example, if a citizen already owns a plot of land, then in relation to the second plot he does not have the right to use free purchase. The second plot can be rented, purchased for a fee, or abandoned.
Legal entities and citizens who have plots of land in permanent use cannot dispose of these plots of land at their own discretion. The exception is service plots, which are defined in paragraph 2 of Art. 24. of this LC. These office plots are transferred for free, fixed-term use to persons working in organizations in certain sectors of the economy, which include transport enterprises, organizations in the timber industry, forestry and hunting, and budgetary government agencies. federal significance, managing public national parks And nature reserves. Service plots are issued to employees of the above-mentioned organizations for the duration of the employment relationship.
Resolution of the Plenum of the Supreme Arbitration Court RF No. 11 dated March 24, 2005, informs that persons disposing of land plots that are allocated to them for permanent use cannot transfer them for free, fixed-term or rental use, even if there is the consent of the owner of the plot. Thus, LC Art. 20 clause 4 completely excludes any methods of disposing of land plots to individuals and legal entities owning land on the basis of perpetual use.
In addition, the law prohibits persons who own land under the right of perpetual use from transferring it as collateral and making authorized capitals commercial organizations. These organizations can re-register the right of permanent use to the right of lease or other right provided for federal law.
User Questions:
- There is a document stating that the land is in permanent temporary use, but the person who has such a right has died, does her husband have rights to this plot?
- And if the land plot is provided to a citizen for permanent (indefinite) use under an agreement dated 2009, i.e. turns out after the entry into force of the RF Land Code? In this case, is it currently possible to re-register it as a rental or ownership?
- How to correctly register land plots for a municipality: for the placement of a cultural and park zone and a plot for landscaping and landscaping of the territory, with subsequent disposal?
- I have a plot of land (18 sq.m.) under my own garage (I have a Certificate of Registration of Title) for long-term lease for 49 years with a preferential payment of 1 ruble. per year (I am a WWII veteran). What rights does my heir (in the event of my death) have to this land?
- good evening! physical person or legal entity a person acquires ownership of buildings and structures that are state-owned by a federal state unitary enterprise, the land plot is in constant perpetual use by the federal state unitary enterprise, what rights will he have to this land plot