Want to organize a parking lot or build a playground near a multi-apartment residential building? Basic condition - the local land must be privatized
Want to organize a parking lot or build a playground near a multi-apartment residential building? Basic condition - the local land must be privatized
Single side, after privatization of the local area, residents will be able to make decisions about its use (expand parking, change the fence, break a flower garden). On the other hand, the owners of the premises in an apartment building will be obliged to pay the costs of the content of property in proportion to its share in the right of common property.
House and near him
The house area is intended for placement and maintenance of one or more residential buildings, as well as all related structures of technical and economic nature (boiler rooms, electrical substations, garages). As a general rule, the plot belongs to one or several houses, and not the part (apartment, block of apartments, entrance, floor) even a very large building. In addition, the fact of fixing the purchase area in planned-project documents is not equivalent to restricting the right of access to this territory for residents of other houses, although on the basis of the general decision of the owners it can be, for example, is enclosed by a fence.
When planning receiving areas, all requirements should be taken into account: social, sanitary, hygienic, aesthetic, urban planning and others, including fire-fighting. The dimensions of the site are determined by the special provisions of state building regulations, taking into account the actual area and development of the neighborhood, quarter.
The inlet of the local area may include areas of land under residential buildings (house), sideways, sidewalks and passages, as well as its social components (for example, parking lots, playgrounds). However, the owners of housing owners in an apartment building will not bear land plots (drives, squares, engineering communications, cable networks), which, in accordance with paragraph 12 of Art. 85 Land Code of the Russian Federation is not subject to alienation from the property of the municipality.
Although the Ministry of Justice of the Russian Federation and explains that state registration is specifically confirmed, that is, it is not mandatory, the local land must be privatized. This procedure is free, it is enough to collect a package of documents, and then transfer them to the "one window" service
Legal status
Together with the right to use the territory, the tenants receive a number of responsibilities for its sanitary content and improvement. Services in the content of the general property of an apartment building provides the management company, it is responsible for the quality of work. HOA under the terms of the Agreement has the right to check the volume, quality and frequency of services and work, to demand from responsible persons to eliminate the identified defects and verify the completeness and timeliness of their elimination. If the owners of the residential premises are dissatisfied with the quality of service, they are entitled to demand reduction of the board. In the fact of the provision of services of inadequate quality, the act is drawn up. The application for changing the amount of the board should be sent in writing (or done orally) within 6 months after the corresponding violation and is necessarily registered by the official officer of the Management Company.
Enjoy the unproduced local area is prohibited by law. Art. 7.1 of the Code of the Russian Federation on administrative offenses provides for the imposition of a fine of five to ten minimum wages for the use of land without decorated proclaiming documents
Borders
The plot under the apartment building form local governments. If the technical regulations on the organization of territories, placement, design, construction and operation of buildings, buildings, structures, structures and construction is not divided into land plots, then the boundaries of the latter are established in the preparation of projects and intertaries. Projects approve after public hearings by the decision of the head of the local administration of the municipality (urban district).
As a general rule of the boundary of land plots (include all objects that are part of real estate, as well as entrances and passages to them) are installed on "red" lines, crop of adjacent areas (if available) and travel, natural borders, perimeter of the main engineering engineering -Transport communications, unless, of course, the urban planning requirements are not established otherwise.
When the composition of the local territory includes objects of general use of the neighborhood (children's, physical education, sports grounds and structures, arrays of green plantings Idr.), They can be transferred to the property to the owners of the premises in an apartment building only under the condition that the right of use of these objects.
The calculation of the regulatory dimensions of land plots is carried out according to the methodology approved by the order of the Ministry of Nations the Russian Federation, but in practice it is dictated by the peculiarities of the area and the existing development. When calculating, the total area of premises in an apartment building and a specific landline indicator per square meter of housing is taken into account (it is influenced by the flood of the building). The actual borders of the local area are fixed in the technical passport of the building.
If the area of the land plot is less than regulatory sizes and cannot be increased due to related territories, the boundaries will be established in fact. The extensive area can be transferred to the owners of apartments on a reimbursable basis into permanent or temporary use, but it cannot be used as an independent object.
Housing owners are not entitled to sell their share as a common property at the railway area, for example, a neighbor or an unauthorized person
Solution of the meeting
For the privatization of the local area, the consent of the owners of housing. In accordance with the Housing Code of the Russian Federation, any owner of the apartment in the house has the right to initiate a general meeting of the partnership. Date and time is usually coordinated with the Board of HOA, all decisions are made by a simple majority of votes. The decision is considered legal, if the meeting participated in the meeting or their representatives with more than half of the total number of votes.However, agree that at the general meeting of the tenants it is extremely difficult to provide quorum. After all, it is necessary not only to assign convenient for all time, but also to find a roomy room. That is why meetings are most often carried out not in full-time, but in correspondence form - by quarterly bypass with the signing of the meeting protocol. Increases make a mark on the form in which the meeting was held.
If the decision to privatize the plot will be made, the following documents will be needed:
- statement of the person authorized by the Assembly, on the formation of a land plot;
- diagram of the distribution of the share owners of the premises for general property in an apartment building;
- copies of notifications about the meeting on the formation of the land plot, as well as a list of registration of owners or their representatives who participated in the event;
- power of attorney of representatives of the owners of premises, decorated in accordance with the procedure established by law;
- written decisions of apartment owners on the formation of a land plot;
Protocol of the General Meeting on the formation of a land plot.
How to arrange the ownership of the local territory in Moscow
Step 1. Conducting a general meeting of the owners of premises in the house for making a decision on the design of the site.
Step 2. Listening to a positive solution - the choice of a person authorized to apply to the relevant authorities with a statement on the formation of the site and acquire rights to it.
Step 3. Drawing up a protocol, legal consolidation of the decision.
Step 4. Appeal to the Department of Land Resources with a statement on the transfer of a plot under an apartment building in general shared property.
Step 5. The procedure for the survey of the land plot, setting on cadastral records.
Step 6. Legal registration of the transition of the local area in general shared property.
Step 7. State registration of the rights of overall ownership.
We draw your attention: if the site has already passed the procedure of intertime, at the same meeting it is worth deciding on the change in the appointment of a number of territories. For example, you can increase the number of parking spaces, having escaping the pedestrian zone near the entrance (within reasonable limits, of course), or organize a sports field with simulators instead of the next lawn.
It is also necessary to prepare a statement on the transfer of land under an apartment building in the total share ownership of the premises owners (paragraph 5, 6 of Art. 36 of the Land Code of the Russian Federation) and contact the landowing organization for land work.
The authorized person must submit a statement on the formation of a land plot to the state authority or local government, which is located a multi-apartment building.
The boundaries of land plots on which apartment buildings are located in the process of preparing projects for planning and interviewing territories. After passing public hearing, projects are approved by the head of the local administration. Costs are covered from the budget of the city
Final Accord
The last two stages remained in the long path of privatization of the public territory. As soon as the land plot is formed and put on cadastral records, the local governance authority decides on transferring it to general shared property. Such a decision may be issued by a separate administrative act of the authority, or documents are simply transferred to state registration of ownership. In fact, officials do not give permission, but only state the fact of the transition of the land plot to the property owners of the apartments.
Finally, the right of total share ownership must be registered. This procedure must be carried out to avoid similar actions from foreign people. The authorized person appeals to the Office of the Federal Registration Service for the State Registration of the Right of the General Distolucy Property for the Land.
An entry on the law arising from the law is made to the unified state register of rights to real estate and transactions with it (USRP). Based on the Federal Law "On State Registration of Rights to Real Estate and Transactions with Him" requires the following documents:
- a statement on state registration of the right of common ownership (for each object of general real estate);
- a document confirming the powers of the representative of the owners;
- certificate of payment of state duty;
- information about the owners and premises belonging to them;
- guidelines for general real estate;
- Technical passport at home.