Most Russians do not want to live in apartments - about 70% of citizens dream of a house on Earth. After all, it is for you no noise behind the wall, beautiful nature and clean air, and also your site that can be cultivated or used exclusively for recreation. But some people want more privacy and freedom.
In SNT, cottage settlements, rural settlements - still there are neighbors. And not all of them are quiet, law-abiding and educated. They smoke by the brazier, include a lawn mower, crocheant birds. And if you build a house away from all, on the forest clearing? In the federal cadastral ward believes that the possibility of citizens is. And, perhaps, a man has already liked the place. Where to begin? First of all, it is necessary to figure out the land categories.
Who owns Forest Polyana
The construction of housing, buildings for living in them year-round, allowed on the lands of settlements with a type of permitted use for individual housing construction (Izhs), gardening or personal subsidiary farm (LPH) not a bad classifier here.
Specialists of the institution are recommended to find out what category "Your" site and to whom this land belongs. The necessary data is EGRN and GLR (State Forest Registry). Objects that are listed in the GLR, the subject of the transaction can not be. And the registration of rights to EMRN serves as the only proof of property of real estate. As a result, information in registers may differ, so it is worth checking information about the territory in all bases. If it turns out that in the registers of interest to registry, the land plot is located as part of the Russian Forest Foundation, the residential structure is not allowed (LC RF, Article 21).
And if the registry data differ?
It happens that according to GLR, this is the land of the Forest Foundation, and in the EGRN - the Garden Partnership or even the settlement. In this case, the transfer on the side EGRN - the "Forest Amnesty" operates (federal law of July 27, 2017 No. 280). That is, in this case, the site is considered the territory of SNT or settlement (settlement). But the rule works if the ownership of the land plot arose until January 1, 2016.
In the cadastral chamber, they clarify that if the land belongs to the settlement, then you can purchase this site or rent (already under federal laws, and not according to the rules of forest legislation). And if it put on the borders of the garden partnership (SNT, ONT, etc.), then you can become a member of the association - according to 3 of the article on the implementation of the Land Code (Part 2.7).
Federal Cadastral Chamber
"Under the law, land plots are distributed only between CNT members."
And what if there is no data in EGRN, and in GLR, this area refers to the forest fund? According to the specialists of the cadastral chamber, the priority usually have contracts of sale, rental, donation / inheritance and other items or guidelines - if the rights to this object were issued until 01.01.2016. If it turns out that we are talking about the lands of the settlement, you can try to buy or rent them, but if they are part of the Forest Foundation, the residential buildings are not allowed here. Clarify the category, the type of permitted use is possible in the general plan of the land plot and in PZZ.
How to redeem your favorite land on the edge?
This is a difficult path, taking time and nerves. However, the idea of becoming the owner of the forest edge is not reliable. In the "public cadastral map", you can find out what cadastral number at the land plot. It's free. It is indicated when applying for auction to the authorized body. Also marked the purpose of the use of land.
If the site is not yet educated, then the project is needed to approve or the scheme of its location. Next, the object is put on cadastral records, the right to it is registered.
The application is submitted by the initiator of the auction or the municipality, as well as the cadastral specialist, which carried out the procedure for determining the boundaries of the site. The maximum time to make a decision on holding a bidder or refusal to them - 2 months from the date of application. On official sites there should be a notice of auction at least 1 month to the date. It is attached to the draft contract of sale. The organizers do not always have an official website, and then the event publishes news on the bulletin board or in the press.
The following documents are necessary to participate: a copy of the identity card, an application for participation, with the specified banking details and confirmation of the deposit of a deposit (receipt of translation, etc.). The initial price is established by the authorized body (usually this is a market or cadastral value - according to the Federal Law of July 29, 1998 No. 135-FZ "On appraisal activities in the Russian Federation).
The winner of the auction recognizes the participant who offered the greatest price. If you have lost, then the deposit must be returned to the Organizer within 3 business days after the signing of the Protocol on the results of the auction. The winner receives 3 copies of the draft contract of sale - signed. Its deposit is included in the amount when paying.
By the way, in the Cadastral Chamber, Russians advise the category of LPH - for a personal subsidiary farm. Such a plot can be transferred to the Earth ILS, the economic buildings can be erected without obtaining permission (not a residential building), and the tax rate is 3 times less than for ILS objects.