The right to permanent permanent use of land

The rights to permanent permanent use of the land plot are owned only by state and municipal institutions. At the same time, they can receive it only by decision of the local government. This right is not granted to citizens, they can formalize a land plot in the ownership or in rent.

Definition

The right to permanent permanent use of the land plot represents the possibility of its use for an indefinite period of time. At the same time, it is in state or municipal ownership. Therefore, neither organizations nor citizens have the right to dispose of such a land plot.

Until the new law of the Russian Federation entered into force, it could be transferred even for rent or for free use. Currently, landowners do not have such rights. They can only own and use, but only the owner can lease or sell the land.

Now, only state and municipal organizations have the right to permanent perpetual land use. For citizens, this is unacceptable. People retain this right only if it was transferred to them before the entry into force of the new Land Code. Although it is now better to formalize such plots in the property.

Who can be granted

The right to permanent permanent use of land can be transferred only with the permission of the authorities. However, it can be provided:

- state and municipal organizations (kindergartens, schools, hospitals);

- state-owned enterprises;

- the center of historical heritage in Russia.

In addition, the right of permanent perpetual land use does not apply to citizens. They can only take a site for rent or acquire it in the property. But at the same time, persons who had the right of permanent perpetual land use even before the start of the new code are retained. Also, the law does not restrict citizens in time in order to privatize the site, but allows you to do this only once.

Entitlements

The law establishes certain arrangements for persons who have rights to sites of perpetual, permanent use. They consist in the fact that citizens can only own and use, but not dispose of such real estate.

In this case, the persons are deprived of such substantial powers as are conferred on the owners. At the same time, citizens can not transfer land for unlimited use or lease to other people and organizations. They also have no right to carry out such actions even with the consent of the owner. All such transactions with such property will be considered void.

The right of permanent perpetual use of the site should be carried out only in accordance with the purposes for which it was granted. Therefore, if a person decided to open a company or a store on such a land, and in the contract this condition was not prescribed, it means that in this case he violates the law.

Not allowed

Certain rules of the law prohibit the right to make permanent land use of land in the charter and other capitals of commercial organizations and enterprises. At the same time, these legal entities can re-register it for rent or acquire ownership. In this case, religious organizations (churches and temples) had to commit such actions before the beginning of this year.

Commercial companies and enterprises that did not meet the deadline and did not re-register the right of permanent use of the land for any other (lease, ownership) will be liable under the Code of Administrative Offenses.

Important Actions

The new land legislation gives citizens a unique opportunity to formalize land in ownership. Permanent perpetual use, in comparison with this right, loses all its advantages. In addition, a person can privatize a single land plot without much effort, especially if there is a residential off-plan house in which he resides.

In this case, the citizen must apply with the local administration and provide the available documents for the built house and cadastral passport. In the event that the privatization of the site can be carried out on a no-cost basis, the decision must be made within two weeks.

If a person receives a written refusal from the local authorities, they must also send a draft agreement on the basis of which land redemption can be made, specifying its value.

Documentation

In order to formalize the property, it is necessary to submit the following documents to the local administration:

- an application in which to indicate all the necessary data, including a passport, TIN, indicate the purpose of obtaining it in the property, as well as the area;

- attach all available papers, confirming the permanent indefinite use of the land;

- technical and cadastral passport, if available;

- an extract about the registration of certain rights from the Unified State Register.

After this procedure, the authority takes an appropriate decision within two weeks. If it is positive, then a decree is issued, in which all the necessary data and figures will be indicated.

If the cadastre plan of the site is absent, the property management will prepare a specific project for establishing its boundaries, after which the land surveying should be carried out at the expense of the applicant's funds. Thus, the entire procedure can take up to several months.

Cases when privatization is unacceptable

The prohibition on re-registration of a land plot from state or municipal property to a private one may be in the following cases:

- if it refers to the category of land that is not in circulation, for example: land reserves;

- there are legal restrictions;

- it is in reserve for the needs of the country.

Paid

Citizens and organizations that have received land for use after 2001 can not make them free of charge for their own property, because their dacha amnesty has not touched them. In order to take a decision on privatization, a person must apply to the local administration and provide the relevant documents to the law. If it is positive, this will be reflected in the resolution. The real estate price here is calculated on the basis of the lowest land tax, as well as from the cadastral value operating at the time of paid privatization.

History

Since 1917, citizens have been provided with plots for use for an indefinite period. In the Soviet state this type of right to land was considered the only, the other did not exist. The plots could be transferred to permanent, perpetual or temporary use.

Everything changed at the moment when the Land Code of 2001 was adopted. Until then, the owners of the plots could lease them or use them for free at a time when they themselves were not their owners. Therefore, with the adoption of the RF LC, everything has changed very much, and making transactions with land has become unacceptable for persons who do not have a full range of rights to it.

Basic moments

Such functions as the ownership and use of land are included in the right of permanent perpetual use. The property right implies the ability of citizens and legal entities to dispose of the plots - to give, sell, exchange for others.

It is also necessary to remember that perpetual permanent use of land can be assigned only to state and municipal institutions and organizations. Private firms should formalize the plots in the ownership or lease, otherwise they can be brought to responsibility, established by the Code of Administrative Offenses.

Citizens who own land on the right of perpetual use, transferred before 2001, should not worry that it will be terminated. In addition, they can apply for a property at any time.

For rent

Citizens and organizations that possess land plots in indefinite use can not make any deals with them. Because the law gives such powers only to the owners.

In this case, it is not possible for a person or enterprise to lease the land to another person who does not have a full range of rights. In this case, even the consent of the owner of the site does not allow such actions. Such transactions will be insignificant from the very moment of their conclusion.

The right to transfer the property to the lease is vested only by its owner, who has the relevant documents.

By inheritance

Citizens who own land plots in their indefinite use are entitled to carry out various work for them. After that, allotments can be inherited. In this case we are talking about erected buildings on the site, which after the death of one person become the property of his relatives.

There are two particularly important exceptions:

- Citizens inherit only the property that belonged to the deceased, and it is often suggested that all rights to land be issued to use, own and dispose of it;

- If a person started making documents for real estate and died, then his receiver can continue and finish the business started.

Renouncement

The right of perpetual land use was enjoyed by all persons prior to the adoption of the RF LC. After that this right was left only for citizens and state public institutions and organizations. All other commercial enterprises do not have such rights, therefore at the reference to administration necessarily will refuse.

Unlimited land use is necessary in order to benefit from the site itself in accordance with its purpose. For example: to build a house, plant a garden. In this case, erected buildings will be considered the personal property of a citizen.

After 2001, the land for use without a certain period is not transferred. Therefore, citizens can take them only for rent, after which they can register as property.

Grounds for termination

Sometimes there are cases when users of the land themselves abandon it. There is this for various reasons. The right of unlimited use may be terminated in the following cases:

- the owner of the land refuses it on his own;

- The authorities decide this issue unilaterally.

The reasons for voluntary withdrawal from the site can be very different, sometimes citizens simply do not want to work on it anymore or move to another place of residence.

In the event that the land user does not improve it, does not fertilize and the territory has an abandoned appearance, the authorities can stop unlimited use of it unilaterally, after applying to the courts. The initiation of such a case begins with certain actions of neighbors who file complaints, after which a commission is created and begins to explore the entire site. As a result, only the court can resolve the dispute.