Application for preliminary approval of the provision of land: a sample. FZ "On the State Real Estate Cadastre"

заявки от заинтересованного лица. In 1968, the procedure for the preliminary approval of land plots, a sample of the application form from the interested person, was determined. The need for innovation was explained by the following. Some construction organizations erected structures on allotments (often with the use of budgetary funds), which the authorized authorities refused to subsequently transfer to their ownership. Currently, land for construction is transferred in accordance with the LC. It contains art. 39.15, which determines the content of the application of the interested party and the list of securities that it must attach to it. Consider the provisions of the norm.

The form of the application for prior approval of the land plot

In the application, the interested person indicates:

1. Name, place of residence, details of the document proving the identity. If the applicant is a legal entity, the address of his location is indicated. In addition, the number of the record of state registration in the Unified State Register of Legal Entities and the Taxpayer Identification Number (for Russian legal entities) is given.
2. . The cadastral number of the allotment, if in accordance with Federal Law No. 218, the boundaries of the land plot should be clarified .
3. When the education of an allotment is provided for by the land survey project, the requisites for its approval are indicated.
4. Cadastral number of the land plot (or several areas), from which (of which) provision is made for the formation of an allotment, the approval of which is carried out if the information is entered in the EGRN. As the basis for the formation of the object are the land surveying project, the scheme of the location of the territory or project documentation of forest areas.
5. The basis for granting an allotment without preliminary tenders. Their list is established by the points of the second articles 39.6, 39.3, 39.10 and art. 39.5 of the Code.
6. , желает приобрести его. Type of the right for which the entity submitting an application for prior approval of the land plot is willing to acquire it. This information is indicated if the transfer is possible by several types of rights.
7. . The purpose of using the land .
8. Information on the decision (requisites of the document), according to which the allotment is withdrawn for the needs of the state or the Defense Ministry. , если объект передается взамен изымаемого. This information is indicated in the application for preliminary approval of the provision of a land plot , if the object is transferred in exchange for the seized property.
9. Requisites of the decision, according to which the document of territorial planning or draft planning is approved. The information is indicated if the allotment is transferred for placement of objects that are provided for in the specified securities.
10. Email address Mail or postal address for communication.

Apps

заинтересованный субъект передает: Together with the application for preliminary approval of the provision of a land plot, the interested entity submits:

1. Documents certifying the right of a person to purchase an allotment without bidding, as well as securities included in the list established by the executive body authorized by the Government. The exception is the documents that are transmitted within the framework of interdepartmental interaction.
2. Layout of the allotment. . This document is provided if the object is to be created and the applicant does not have a project on surveying the territory, the boundaries of which determine the area of the land plot .
3. Project documentation for forest areas. , включенного в лесной фонд. These papers are submitted if an application for preliminary approval of the provision of a land plot included in the forest fund is issued.

Additional papers

If a representative acts on behalf of the applicant, he must attach a document confirming his authority, duly certified. If the interested person is a foreign organization, she presents a notarized translation of documents on state registration of the legal entity into Russian. If an application is submitted for granting or approving the transfer of a site for free use by a non-profit association created by citizens, a list of its members is attached to conduct activities related to gardening / trucking.

An Important Moment

Within ten days from the date of acceptance of the application, the authorized structure returns it to the interested party if:

1. The document does not meet the requirements of the first paragraph of Article 39.15.
2. Filed in an improper body.
3. No documents are attached, the list of which is established by Art. 39.15 (paragraph 2) of the Code.

The interested person shall specify the reasons for the return. Applications are processed in the order they are received.

Free of charge service

If an application for the coordination of the provision of a site submitted by a natural person is attached with a scheme for placing an allotment prepared on paper, an authorized structure without charging a citizen provides an electronic document. Charging for the formation of the scheme in electronic form is not allowed.

Controversial moments

There are cases when, as of the date of receipt of the application for the approval of the grant of an allotment, the formation of which is envisaged by the scheme for locating the site attached to it, the scheme provided earlier by another person is already under consideration. In this case, the location of both objects fully or partially coincides. In such situations, the authorized body makes a decision to suspend the period of consideration of the application filed later, notifying the applicant accordingly. The procedure is suspended until the issue of approving the previously submitted scheme of the location of the site or a refusal is resolved.

Consideration of an application

It is carried out within 30 days. The authorized body, when reviewing the application, checks the absence / presence of grounds for refusal to agree on the provision of the site. As a result of these activities, a positive or negative decision is taken. The last is allowed in the presence of the grounds fixed by Art. 39.15 (paragraph 8) of the LC. The decision is sent to the applicant. In case of refusal to the interested person, all of its grounds must be indicated.

The reasons for making a negative decision

The authorized structure refuses the interested person if:

1. The layout of the object attached to the application can not be approved on the grounds set forth in Art. 11.10 (item 16) ZK.
2. , подлежащий формированию, не может быть передан заинтересованному лицу. The municipal land plot , subject to formation, can not be transferred to the person concerned. The grounds for this are fixed in subparagraphs 1-13, 23, 15-19, 22, Art. 39.16 ZK.
3. , и надел при этом не может быть передан заявителю в соответствии с положениями подп. It is necessary to clarify the boundaries of the land plot , and the allotment can not be transferred to the applicant in accordance with the provisions of subpar. 1-23 st. 39.16 of the Code.

The decision to form an object

If a site is subject to education, the decision on the coordination of its provision should specify:

1. Conditional number (if any) of the allotment, which will be created in accordance with the land surveying project, the layout scheme or design documents of forest areas.
2. The area of the land that will be formed.
3. The location of the object. If there is no information, a description of the location is provided.
4. . Cadastral number of allotments / allotments, of which provision is made for the formation of a site, if information on them is included in the Unified Register of the State Real Estate Cadastre .
5. Name of the applicant (patronymic if available), address of residence, requisites of the identity document (for citizens), name and location of the organization (for legal entities). The number of the record of state registration in the Unified State Register of Legal Entities, TIN, is also indicated, unless the foreign entity is an interested person.
6. . Category of land of a land plot .
7. The name of a local or state authority if it acts as an applicant.
8. Information on the work on the formation of the object, according to the boundary project, layout or project documentation, as a condition for the transfer of the allotment.
9. Territorial zone, within which an allotment will be created and for which the regulations are applied, or the type of permitted use of land.
10. The requisites of the decision, according to which the landmark project was approved, on the basis of which the formation of the allotment is envisaged.
11. The ability of the interested person to apply without a power of attorney to the application for entry in the Register on the state cadastre of real estate of the requested allotment, as well as on state registration of municipal or state property.

Nuances

In case of necessity to change the type of permissible use of an allotment, its transfer from the current category to another as a condition for the provision of a site, information about this should also be present in the decision if the purpose of use contained in the application does not correspond:

• The types of use foreseen for the respective zone;
• The category of land from which the allotment should be established;
• The permitted use of the site from which the object is to be formed.

The basis for applying without power of attorney to the local and state authorities

In the case fixed by Art. 39.15 (clause 10) of the LC, the decision on the coordination of granting the allotment serves as the basis for sending the interested person without a document confirming his authority:

1. Applications for the application of an amendment to the EGRN information on the type / types of permissible use of the allotment selected in accordance with the rules of construction and land use.
2. Applications for obtaining a permit for a conditionally permissible type of operation of the facility.
3. Applications for transferring an allotment from current category to another.
4. Applications for changing the type of permitted operation of the site.

Information about the layout of the allotment

If the requested site is to be formed in accordance with the layout scheme, the decision to agree on its provision must include an indication of its approval. In this case, it is a mandatory application to the application. The authorized structure may approve a new scheme for the location of the site, if the person applying for approval of the grant of an allotment will give a written consent to this.

additional information

If it is necessary to clarify the boundaries of the requested allotment in accordance with Federal Law No. 218, the decision on harmonization should specify:

1. Name, address of the person concerned, information on the identity document (for citizens), name and location of the organization, record number in the Unified State Register of Legal Entities, INNN (for legal entities other than foreign).
2. Area and cadastral number of allotment.
3. Clarification of boundaries as a condition for granting a site.
4. The right of an interested person to apply without a power of attorney to the application for cadastral registration in connection with the clarification of the boundaries.

Other provisions of Art. 39.15

The validity of the decision to agree on the area is 2 years. The entity, in respect of which it was adopted, ensures the production of cadastral works, which are necessary for the formation of the requested allotment or the specification of boundaries. The decision on the coordination acts as the basis for the provision of the site under the rules set forth in Art. 39.17 ZK. If there is an arrangement of the allotment among the appendices to the application, the decision on refusal of approval should contain an indication of the refusal of its approval. A negative decision must be motivated and include a description of all the reasons.

Refusal to agree

Until 01.01.2020, the executive structures of state power and local self-government, which have the authority to dispose of land belonging to municipal or state property, have the right to refuse to approve the granting of an allotment without conducting tenders. The grounds for this are provided in art. 39.16, and also can be fixed in the regional legislation. The authorized structure has the right to take a negative decision if:

1. The applicant is a person who does not have the right to purchase an allotment without bidding, in accordance with the LC.
2. The site is provided for free or unlimited use, inherited lifetime ownership or lease. An exception is provided for cases when the applicant is the owner of these rights or the application is filed in accordance with Art. 39.10 (sub-item 10, paragraph 2) of the LC.
3. The allotment is granted to a non-profit association created by citizens to carry out activities related to gardening, dacha farming, integrated development of areas for IZhS. An exception is provided for cases when an application of a member of such an organization or this association is applied, if the object is included in the common property.
4. On the site are buildings, structures, objects, unfinished construction, which belong to legal entities and citizens. An exception is provided for cases when a building, including not completed by construction, is located on an allotment on terms of easement or there is an object provided for in Art. 39.36 (paragraph 3) of the LC. In this case, such placement should not interfere with the operation of the allotment in accordance with the type of permissible use. An exception is also established for cases when the owner of the said structures, buildings, premises in them, an object unfinished by construction, applies with the application for coordination.
5. The allotment is withdrawn or restricted in circulation, and its transfer is not allowed on the right, which is indicated in the application.
6. The site is reserved for municipal or state needs, if the interested person has applied for transferring it to permanent (unlimited) or uncompensated use, property or lease for a period exceeding the time of the reservation decision. Legislation, however, allows for an exception. It is provided for cases when an allotment is provided for the purpose of reservation.
7. The site is located within the zone for which an agreement on the development of the territory has been concluded with another entity. Exceptions are cases when the owner of a structure, a building, premises in them, objects unfinished by construction located on such an allotment or the owner of the zone appeals with a statement.

Refusal to agree is also allowed if the allotment indicated in the application is an object of the auction, the notice of which is placed in accordance with the provisions of cl. 39.11. A negative decision can be made also in other cases, fixed by the Code.