In 1968, the procedure for preliminary approval of land plots was determined , as well as a sample application form from an interested person. The need for innovation was explained as follows. Some construction organizations erected structures on allotments (often using budgetary funds), which the authorized authorities refused to subsequently transfer to them in 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 person and the list of securities that he must attach to it. Consider the provisions of the norm.
Application form for preliminary approval of the provision of land
In the application, the interested person indicates:
- Name, place of residence, details of the identity document. If the legal entity acts as the applicant, the address of his location is indicated. In addition, the number of the state registration record in the Unified State Register of Legal Entities and TIN (for Russian legal entities) is given.
- The cadastral number is allotted if, in accordance with Federal Law No. 218, it is necessary to clarify the boundaries of the land plot .
- When the allotment is provided for by the land surveying project, the details of its approval are indicated.
- Cadastral number of the land plot (or several areas) from which (of which) the allotment is to be formed, the approval of which is carried out if the information is entered in the USRN. The project for land surveying, the layout of the territory or the design documentation for forest areas are the basis for the formation of the object.
- The basis for the provision of allotment without prior bidding. Their list is established by paragraphs two of Articles 39.6, 39.3, 39.10 and Art. 39.5 of the Code.
- The type of law by which the entity applying for the preliminary approval of the provision of the land plot wishes to acquire it. This information is indicated if transfer is possible under several types of rights.
- The purpose of the use of the land .
- Information about the decision (details of the document), in accordance with which the allotment is removed for the needs of the state or the Moscow Region. This information is indicated in the application for preliminary approval of the provision of the land , if the object is transferred in exchange for the seized property.
- Details of the decision in accordance with which the territorial planning document or the planning plan is approved. Information is indicated if the allotment is transferred for the placement of objects that are provided for in these securities.
- Email Address mail or postal address for communication.
Applications
Together with the application for preliminary approval of the provision of the land, the interested entity transfers:
- Documents certifying the person’s right to acquire the allotment without bidding, as well as papers included in the list established by the executive body authorized by the Government. The exception is documents that are transmitted as part of interagency cooperation.
- The allotment layout. This document is provided if the object is to be created and the applicant does not have a project on land surveying of the territory, the boundaries of which determine the area of the land plot .
- Design documentation for forest plots. These papers shall be submitted if a statement is drawn up on the preliminary approval of the provision of a land plot included in the forest fund.
Additional papers
If a representative acts on behalf of the applicant, he must attach a document confirming his authority, duly certified. If the interested party is a foreign organization, it presents a notarized translation of documents on state registration of legal entities into Russian. If an application is submitted for the provision or approval of the transfer of the land for free use by a non-profit association created by citizens, a list of its members is attached to conduct activities related to gardening.
Important point
Within ten days from the date of acceptance of the application, the authorized structure returns it to the interested person if:
- The document does not comply with the requirements of the first paragraph of Article 39.15.
- Filed to an inappropriate authority.
- Documents are not attached, the list of which is established by Art. 39.15 (paragraph 2) of the Code.
In this case, the reasons for the return are indicated to the interested person. Applications are reviewed in the order received.
Free service
If the application for approval of the provision of land submitted by an individual is accompanied by an allotment layout prepared on paper, the authorized structure ensures the formation of an electronic document without charging a citizen. Charging for the formation of the circuit in electronic form is not allowed.
Controversial issues
There are cases that on the date of receipt of an application for approval of the allotment, the formation of which is provided for by the location scheme of the plot attached to it, is already being considered by the scheme provided by another person. Moreover, the location of both objects fully or partially coincides. In such situations, the authorized body shall decide on the suspension of the period for consideration of the application submitted later, notifying the applicant thereof. The procedure is suspended until the issue of approval of the previously presented site location scheme or refusal is resolved.
Application Review
It is carried out within 30 days. The authorized body, considering the application, checks the absence / existence of grounds for refusing to coordinate the provision of the site. As a result of these measures, a positive or negative decision is made. The latter 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 the event of a refusal, the interested party must indicate all its grounds.
Reasons for making a negative decision
The authorized structure shall refuse the person concerned if:
- The location scheme of the facility attached to the application cannot be approved on the grounds fixed in Art. 11.10 (p. 16) of the LC.
- The municipal land plot to be formed cannot be transferred to the person concerned. The grounds for this are fixed by subparagraphs 1-13, 23, 15-19, 22 of Art. 39.16 ZK.
- It is necessary to clarify the boundaries of the land , and the allotment cannot be transferred to the applicant in accordance with the provisions of sub. 1-23 Art. 39.16 of the Code.
The decision to form the object
If the site is subject to education, the decision on the approval of its provision should indicate:
- The conditional number (if any) of the allotment, which will be created in accordance with the boundary project, layout, or design documents of forest areas.
- The area of land to be formed.
- The location address of the object. If no information is provided, a description of the location is provided.
- Cadastral number of the allotment / allotments from which the formation of the plot is provided, if information about them is entered in the Unified Register of the State Real Estate Cadastre .
- Name of applicant (patronymic, if any), address of residence, details of an identity document (for citizens), name and location of organization (for legal entities). The number of the state registration record in the Unified State Register of Legal Entities and the TIN is also indicated, except when the interested person is a foreign organization.
- Category of land land .
- The name of the local or state authority, if he acts as an applicant.
- Information about the work on the formation of the object, according to the boundary project, location scheme or project documentation, as a condition for the transfer of the allotment.
- The territorial zone within which the allotment will be created and to which the regulation applies, or the type of permitted use of land.
- Details of the decision in accordance with which the boundary project was approved, on the basis of which the formation of the allotment is provided.
- The opportunity for an interested person to apply without a power of attorney with an application for making an entry in the Register of the State Real Estate Cadastre of the requested allotment, as well as of state registration of municipal or state property.
Nuances
If there is a need to change the type of permissible use of the allotment, its transfer from the current category to another as a condition for providing the plot, information about this should also be present in the decision if the purpose of use contained in the application does not correspond to:
- the uses foreseen for the respective zone;
- categories of land from which the allotment should be formed;
- permitted use of the site from which the object is to be formed.
The basis for applying without a power of attorney to local and state authorities
In the case, secured by Art. 39.15 (Clause 10) of the LC, the decision on the approval of the allotment acts as the basis for referral by an interested person without a document confirming his authority:
- Applications for applying for adjustments to the USRN information on the type / types of permissible use of the allotment, selected in accordance with the rules for development and land use.
- Applications for obtaining permission for a conditionally permissible type of operation of an object.
- Applications for transfer of the allotment from the current category to another.
- Applications for changing the type of permitted exploitation of the site.
Allotment Information
If the requested site should be formed in accordance with the location scheme, the decision on the approval of its provision should include an indication of its approval. In this case, it is a mandatory annex to the application. The authorized structure may approve a new layout of the site, if the person who applied for approval of the allotment gives written consent to this.
additional information
If it is necessary to clarify the boundaries of the requested allotment in accordance with the Federal Law No. 218, the decision on approval should indicate:
- Name, address of residence of the person concerned, information about the identity document (for citizens), name and location of the organization, number of the entry in the Unified State Register of Legal Entities, TIN (for legal entities other than foreign).
- Allotment area and cadastral number.
- Clarification of boundaries as a condition for the provision of the site.
- The right of the interested person to apply without a power of attorney with a statement on cadastral registration in connection with the clarification of the boundaries.
Other provisions of Art. 39.15
The validity of the decision to coordinate the provision of space is 2 years. The subject in respect of which it was adopted, ensures the production of cadastral works, which are necessary for the formation of the requested allotment or clarification of borders. The decision on approval acts as the basis for the provision of the site according to the rules enshrined in Art. 39.17 ZK. If the appendix contains the location scheme of the allotment, the decision on the refusal of approval must include an indication of the refusal of its approval. A negative decision should be motivated and include a description of all the reasons.
Denial of approval
Until 01/01/2020, the executive structures of state power and local self-government, vested with the authority to dispose of plots related to municipal or state property, have the right to refuse to coordinate the provision of allotments without tendering. The grounds for this are provided for in Art. 39.16, and can also be fixed in regional legislation. The authorized structure is entitled to make a negative decision if:
- The applicant is a person who does not have the right to acquire the allotment without bidding, in accordance with the LC.
- The plot is provided for free or perpetual use, inheritable lifetime possession or lease. An exception is provided for cases when the applicant is the owner of these rights or the application is submitted in accordance with Art. 39.10 (Sub. 10 Clause 2) of the LC.
- The allotment was granted to a non-profit association created by citizens for conducting activities related to horticulture / gardening, a summer house, and the integrated development of areas for private housing. An exception is provided for cases when an application is submitted by a member of such an organization or this association, if the object is included in the common property.
- On the site are buildings, structures, facilities, construction in progress, which belong to legal entities and citizens. An exception is provided for cases when the building, including not completed construction, is on the allotment on the basis of an easement or there is an object provided for in Art. 39.36 (paragraph 3) of the LC. Moreover, such placement should not impede 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, structures, premises in them, an object under construction is applying for approval.
- The allotment is seized or limited in circulation, and its transfer is not allowed on the right specified in the application.
- A land plot is reserved for municipal or state needs if the person concerned has applied for transfer of it for permanent (unlimited) or gratuitous use, ownership or lease for a period exceeding the validity period of the reservation decision. Legislation, however, allows an exception. It is provided for cases when the allotment is provided for reservation purposes.
- The site is located within the zone in relation to which an agreement on the development of the territory has been concluded with another entity. The exception is cases when the owner of a structure, building, premises in them, objects under construction, located on such an allotment makes a statement, or the copyright holder of the zone.
Refusal of approval is also allowed if the allotment indicated in the application acts as an auction subject, a notice of which has been posted in accordance with the provisions of paragraph 19 of Article 11/39. A negative decision may also be made in other cases enshrined in the Code.