The rights to unlimited permanent use of a land plot are reserved only to state and municipal institutions. However, they can get it only by decision of local authorities. This right is not granted to citizens, they can issue a land plot in property or in rent.
Definition
The right to unlimited permanent use of the land represents the possibility of its use for an indefinite period of time. Moreover, it is in state or municipal ownership. Therefore, neither organization nor citizens have the right to dispose of such a land plot.
Until that moment, until the new RF LC began to operate, it could even be transferred for rent or for free use. Currently, landowners do not have such rights. They can only own and use, but only the owner can rent or sell the land.
Right now, only state and municipal organizations have the right to unlimited permanent use of land. 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 at present it is better to register such sites as property.
Who can be provided
The right to unlimited permanent use of land may be transferred only with the permission of the authorities. Moreover, it can be provided:
- state and municipal organizations (kindergartens, schools, hospitals);
- state enterprises ;
- the center of historical heritage in Russia.
In addition, the right to permanent unlimited use of land does not apply to citizens. They can only rent the land or purchase it in the property. But at the same time, those who had the right to permanently use the land indefinitely even before the start of the new code, retain it. Also, the law does not limit citizens in time in order to privatize the site, but allows it to be done only once.
Authority
The law establishes certain restrictions for persons who have rights to plots of unlimited, 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 the owners. At the same time, citizens cannot transfer land for indefinite use or rent it out to other people and organizations. Also, they are not entitled to perform such actions even with the consent of the owner. All such transactions with such property will be deemed invalid.
The right of permanent unlimited use of the site should be exercised 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 land, and such a condition was not spelled out in the contract, it means that in this case he violates the law.
Not allowed
Certain provisions of the law prohibit the right to permanently use the land for permanent use in the authorized and other capital of commercial organizations and enterprises. At the same time, these legal entities can reissue it for rent or acquire ownership. In this case, religious organizations (churches and temples) were to commit such actions before the beginning of this year.
Commercial firms and enterprises that did not meet the deadlines and did not re-register the right to permanently use the land for unlimited time for any other (lease, property) will be liable under the Code of Administrative Offenses.
Significant Actions
The new land legislation provides citizens with a unique opportunity to register land ownership. Permanent unlimited use in comparison with this right loses all its advantages. In addition, a person can privatize a land plot without much effort, especially if there is a residential building on which he lives.
In this case, the citizen must apply to 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 free of charge, then a decision must be made within two weeks.
If a person receives a written refusal from local authorities, then they must also send a draft contract on the basis of which land can be redeemed, indicating its value.
Documents
In order to register the land as a property, it is necessary to submit the following documents to the local administration:
- a statement in which to indicate all the necessary data, including a passport, TIN, indicate the purpose of obtaining it in ownership, as well as the area;
- attach all available papers confirming the constant unlimited use of land;
- technical and cadastral passport, if any;
- an extract on the registration of certain rights from the Unified State Register.
After this procedure, the authority makes an appropriate decision within two weeks. If it is positive, then a decision is made in which all the necessary data and numbers will be indicated.
If the cadastral plan of the site is not available, the property department will prepare a specific project for establishing its boundaries, after which a land survey should be carried out at the expense of the applicant. Thus, the entire procedure can take up to several months.
Cases when privatization is unacceptable
A ban on re-registration of a site from state or municipal ownership to private may be in the following cases:
- if it belongs to the category of lands that are not in circulation, for example: lands of reserves;
- there are legal restrictions;
- he is in reserve for the needs of the country.
Paid
Citizens and organizations that received land for use after 2001 can not take them into their property for free, because the dacha amnesty did not affect them. To make a decision on privatization, a person needs to contact the local administration and provide documents that comply with the law. If it is positive, then this will be reflected in the decision. The price of real estate here is calculated on the basis of the lowest land tax, as well as on the cadastral value at the time of privatization.
History
Since 1917, citizens have been granted land for use for an indefinite period. In the Soviet state, this type of land right was considered the only one; the other did not exist. Land could be transferred to permanent, eternal or temporary use.
Everything changed at the moment the 2001 Land Code was adopted. Until that moment, the owners of the plots could lease them out or use them for free while they themselves were not their owners. Therefore, with the adoption of the RF Labor Code, everything has changed a lot, and transactions with land have become unacceptable for people who do not have the full range of rights to it.
Highlights
Functions such as ownership and use of land are included in the right of permanent unlimited use. The right of ownership implies the ability of citizens and legal entities to dispose of plots - to give, sell, exchange for others.
It is also necessary to remember that unlimited permanent use of land can be assigned only to state and municipal institutions, organizations. Private firms must register ownership or lease plots, otherwise they may be held liable under the Code of Administrative Offenses.
Citizens who own land on the right of perpetual use, transferred before 2001, do not have to worry that it will be terminated. In addition, they can take ownership of the land at any time.
Rent
Citizens and organizations that own land plots that are in perpetual use cannot make any transactions with them. Because the law gives such powers only to the owners.
In this case, a person or enterprise who does not have a full range of rights cannot transfer land for rent to another person. Moreover, even the consent of the owner of the site does not allow such actions. Such transactions will be void from the moment of their conclusion.
The right to transfer property for rent is vested only in its owner, who has the relevant documents.
By inheritance
Citizens who own land in their perpetual use are vested with the rights to carry out various work on them. After which the plots can be inherited. In this case, we are talking about the 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, while it is often proposed to register all rights to the land in order to use it, to own and dispose of it;
- if a person began to make documents for real estate and died, then his receiver can continue and complete the work begun.
Renouncement
All persons had the right to unlimited use of land before the adoption of the RF Labor Code. After that, this right remained only with citizens and state treasury institutions and organizations. All other commercial enterprises do not have such rights, therefore, when contacting the administration they will definitely be refused.
Unlimited use of land is necessary in order to benefit from the site itself in accordance with its purpose. For example: build a house, plant a garden. In this case, the erected buildings will be considered the personal property of the citizen.
After 2001, land for use without a fixed term is not transferred. Therefore, citizens can only rent them, and then take ownership of them.
Grounds for termination
Sometimes there are such cases when land users themselves refuse it. This happens for various reasons. The right of unlimited use may be terminated in the following cases:
- the owner of the land refuses it independently;
- authorities resolve this issue unilaterally.
The reasons for voluntary abandonment of 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 case when the user of the land is not involved in its improvement, does not fertilize and the territory has an abandoned appearance, the authorities can stop unlimited use of it unilaterally, after contacting the courts. The initiation of such a case begins with certain actions of the neighbors who file complaints, after which a commission is created and begins to explore the entire site. As a result, the dispute can only be resolved by the court.