Land law. State registration of transactions with land plots (the most important)

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Land law. State registration of transactions with land plots (the most important)

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35. STATE REGISTRATION OF TRANSACTIONS WITH LAND PLOTS

The system of state registration of rights to real estate and transactions with it is designed to ensure the formation of mechanisms for effective state influence on the real estate market in order to protect the constitutional rights of owners and other right holders to real estate, which include land plots. State registration provides a stricter legal regime for real estate compared to the legal regime for movable things.

List of documents required for state registration of a transaction with a land plot

1. A document confirming the payment of the state fee (clause 4, article 16 of the Federal Law "On state registration of rights to real estate and transactions with it").

2. For an individual:

a) an identity document of the applicant;

b) a notarized power of attorney (when a representative of the copyright holder submits an application). For a legal entity:

a) constituent documents or notarized copies;

b) an identity document of a person who has the right to act without a power of attorney on behalf of a legal entity (if such a person applies in person);

c) a document confirming the authority of a representative of a legal entity or a notarized copy of this document (if a representative applies) (clause 4, article 16 of the Federal Law "On state registration of rights to real estate and transactions with it").

3. Cadastral plan of the land plot, certified by the relevant territorial subdivision. The submission of a cadastral plan is not required if such a document has already been submitted and placed in the relevant file of title documents (clause 1, article 17 of the Federal Law "On state registration of rights to real estate and transactions with it").

4. An agreement or other document confirming the conclusion of a transaction in relation to a land plot (clause 1, article 17 of the Federal Law "On state registration of rights to real estate and transactions with it").

5. The decision of the body of the legal entity, which, in accordance with the current legislation and constituent documents, is entitled to make a decision on the conclusion of the relevant transactions.

6. Notarized consent of the spouse to conclude a transaction in respect of the land plot by the other spouse in the following cases:

a) alienation (sale, donation, etc.) of a land plot acquired during the marriage on a reimbursable basis;

b) lease of a land plot;

c) in other cases provided for by law (Articles 34, 35 of the Family Code of the Russian Federation).

7. Permission of guardianship and guardianship authorities in the event of a transaction in respect of a land plot owned by a ward (a minor, incapacitated person) (Article 37 of the Civil Code of the Russian Federation).

8. Information about the presence of buildings on the land plot and about the rights to these buildings.

9. Other documents required for state registration of a transaction (transfer of rights).

Author: Medentsov A.S.

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