Standards for the area of \u200b\u200ba plot for an apartment building. An apartment building: what belongs to whom. Dimensions and borders

Determination of the normative required area of \u200b\u200bthe land plot

1. INTRODUCTORY PART

The question of the required area of \u200b\u200ba land plot is complex and varied, we will try in this article as simple as possible to consider with specific examples how to determine the normatively required area of \u200b\u200ba land plot.

At the moment, when calculating the area of \u200b\u200bthe land plot required for the functional use of the real estate object, the experts were guided by the norms of the current urban planning code of the Russian Federation.

According to the Town Planning Code of the Russian Federation, the types of permitted use of land plots and capital construction objects; the limiting (minimum and (or) maximum) sizes of land plots and the limiting parameters of permitted construction, reconstruction of capital construction facilities, as well as restrictions on the use of land plots and capital construction facilities are established in accordance with municipal legal acts. Such acts are "land use and development rules", which, due to their public importance, are approved by the representative body of local government. Publication of municipal legal acts, including the Land Use Regulations (hereinafter referred to as LZZ), is usually carried out in city (district) newspapers, and, if possible, posted on the Internet.

In the absence of the adopted PZZ, when calculating the area of \u200b\u200bthe land plot required for the functional use of the property, they are guided by other current municipal legal acts and or (in their absence) by the current construction, fire, sanitary and epidemiological norms and rules.

The rules include:

1. The procedure for applying the Rules and making amendments to them, containing the provisions:

On the regulation of land use and development by local authorities

self-government (other authorized bodies);

On changing the types of permitted use of land plots and

capital construction objects by individuals and legal entities;

On the preparation of documentation for the planning of the territory;

On holding public hearings on land use and development issues;

Changes to these Rules;

On the regulation of other issues of land use and development.

2. A map of urban planning zoning with established territories, within the boundaries of which it is planned to carry out activities for the integrated and sustainable development of the territory, as well as a map (maps) displaying the boundaries of zones with special conditions for the use of territories, the boundaries of territories of cultural heritage objects.

3. Urban planning regulations.

Thus, in theory, any interested person, if it is necessary to determine the area of \u200b\u200ba land plot, refers to the website of the administration of the municipal district (where the land plot is located). Then, using the territorial zoning map, he determines the name of the zone, then, according to the textual part of the PZZ, determines the limiting parameters of the land plot.

However, in practice, local governments do not systematically improve on the development and adoption of urban planning zoning documents, which leads to inconsistency of documents with federal legislation and inadequate information support of activities in this area.

According to the Prosecutor General's Office for 2016, in the relevant rules, cases of the absence of the maximum size of land plots and the parameters of permitted construction, the lack of regulation of the order and timing of urban planning procedures, the presence of illegal restrictions on the rights of land owners are widespread. In this regard, prosecutors force local governments to approve such rules.

In total, according to the results of inspections by prosecutors, more than 17 thousand violations of laws in this area were revealed, for the elimination of which 4.4 thousand submissions were made, 122 cases of administrative offenses were initiated, over 3 thousand protests were brought against illegal legal acts, 213 applications were sent to the courts ... On the initiative of prosecutors, more than 240 persons have already been brought to administrative and disciplinary responsibility.

Thus, 19 constituent entities of the Russian Federation are still not fully provided with the rules of land use and development. Among them are the Republic of Dagestan, Altai Territory, Arkhangelsk and Moscow Regions, and the Nenets Autonomous Okrug.

Further, we will consider the options for calculating the normative area of \u200b\u200ba land plot, provided that there are no accepted PZZ, or in the absence of the corresponding norms for the maximum size of land plots and the parameters of permitted construction in the rules.

When calculating the area of \u200b\u200bthe land plot required for the functional use of the property capital construction, we will be guided by the current municipal legal acts and or (in their absence) the current construction, urban planning, fire, sanitary and epidemiological standards and other rules.

2. Calculation of the area of \u200b\u200bthe land plot under the apartment building

2.1. Calculation of the area of \u200b\u200bthe land plot under an apartment building in accordance with SP 30-101-98.

If you stumbled upon this article in the open spaces of the boarding school, then you are probably familiar with such a document as SP 30-101-98 "Methodological guidelines for calculating the standard size of land in condominiums."

This document is very accessible, with specific examples it explains the calculation of the area of \u200b\u200ba land plot using the formula:

S \u003d S x Y,

where S is the standard size of the land plot in the standard for the condominium, m²;

S - total area of \u200b\u200bresidential premises in the condominium, m²;

to Y - the specific indicator of the land share for buildings of different W. number of storeys (table Appendix A).

We point out that this document is valid, but after the entry into force of the new Housing Code, from March 1, 2005, the concept of a condominium disappeared from Russian legislation (see Federal Law No. 188-FZ of December 29, 2004). The closest analogue of a condominium is now an apartment building, while there are several forms of management of this apartment building (including the land plot below it). Of these, the closest to the general concept of a condominium is the Homeowners' Association (HOA).

The current judicial practice shows that it is difficult to use this document in practical terms, since formally the terms used in it (condominium) are currently not used in the current legislation; the current urban planning rules and regulations do not refer to SP 30-101-98.

2.2. Calculation of the area of \u200b\u200ba land plot under an apartment building in Moscow

We point out that the calculation of the area of \u200b\u200ba land plot for the operation of an apartment building in Moscow, as well as, in principle, everything related to land in Moscow is a secret not accessible to many.

For general information, we point out that in Moscow there are accepted rules for land use and development, but in form and content they do not correspond to anything at all (neither legislation, nor any other adopted LZZ), it is impossible to determine anything on the basis of the Moscow LZZ.

Further, we will point out that in Moscow there is a practice of comprehensive calculation of the area and boundaries of land plots as part of the design of a block survey. The author of the article will not describe in detail what a land-surveying project is, what a project is needed for, how it is developed, how it is accepted, you can familiarize yourself with this information in the Urban Planning Code of the Russian Federation (Article 43). You can read angry articles on the practice of developing and adopting a land-surveying project in Moscow on other information resources on the Internet, then we will immediately move on to the practical side of the issue and try to carry out calculations based on the methodology approved by the Moscow Committee for Architecture.

So, for clarity, use the resource http://eatlas.mos.ru/. This resource contains approved projects for surveying quarters. Let's open, for example, quarter №148 bounded by Barykovsky lane, Prechistenka street, Ostozhenka street, Lopukhinsky lane.

Below is a real project of a block survey and we analyze the information presented in it. The main information that interests us in this document is a list of normative acts to which the authors of the project refer.

The list of normative acts contains:

Urban Development Code;

TSN 30-304-2000 of Moscow (MGSN 1.01-99) Norms and rules for the design of planning and development of Moscow;

Unified guidelines for the development of land-surveying projects for the territory of the city of Moscow (order on the MCA dated 13.02.2008 No. 13).

Let's check the area of \u200b\u200bthe land plot located at the address: Moscow, Lopukhinsky per. 1A, p. 2 for compliance with the requirements of urban planning norms and rules, MGSN 1.01-99 "Norms and rules for the design of planning and development of Moscow" and the requirements of unified guidelines for the development of land-surveying projects for the territory of the city of Moscow (order on MCA dated 13.02. 2008 No. 13), and we will calculate the size of the normatively required area of \u200b\u200bthe land plot in accordance with the project of the block survey.

Calculating the normatively required area of \u200b\u200bthe territory of a residential building plot located at the address: Moscow, Lopukhinsky per. d. 1A, p. 2, it is necessary to indicate that, according to the set of rules 42.13330.2016 (clauses 5.5, 5.6, 5.7), when planning the organization of residential zones, their differentiation should be provided for the types of buildings, its number of storeys and density, location, taking into account historical and cultural , climatic and other local features. The type and number of storeys of residential buildings are determined in accordance with socio-demographic, national, household, architectural, compositional, sanitary and hygienic and other requirements for the formation of a living environment, as well as the possibility of developing social, transport and engineering infrastructures and ensuring fire safety.

Residential areas may include:

building area with multi-storey residential buildings (9 floors and more);

development area of \u200b\u200bmid-rise residential buildings (from 5 to 8 floors, including the attic);

the development area of \u200b\u200blow-rise apartment buildings (up to 4 floors, including the attic);

the development area of \u200b\u200bblocked residential buildings;

development area of \u200b\u200bindividual detached houses with personal plots of land.

In areas of compact residence of small ethnic groups, when forming residential zones and choosing the type of dwellings, it is necessary to take into account the historically established way of life of the population.

Note. In regional and local urban planning regulations, land use and development rules, and in their absence, in urban planning documentation, it is allowed to clarify the typology of residential development, as well as provide for additional restrictions on the placement of individual objects in residential development zones.

Estimated indicators of the volumes and types of residential buildings should be made taking into account the current and projected socio-demographic situation and the income of the population. At the same time, it is recommended to provide for various types of residential buildings, differentiated by the level of comfort in accordance with Table 5.1. The average calculated indicator of housing provision depends on the ratio of residential buildings and apartments of various levels of comfort and is determined by calculation.

Table 5.1 - Structure of the housing stock, differentiated by the level of comfort

Type of residential building and apartment by comfort level	Standard area of \u200b\u200bapartments per person, m	Formula for settling a residential building and apartment	Share in the total volume of housing construction,%
Business Class		k \u003d n + 1 k \u003d n + 2	10 15
Economy class		k \u003d n k \u003d n + 1	25 50
Municipal		k \u003d n-1 k \u003d n	60 30
Specialized		k \u003d n-2 k \u003d n-1	7 5
Notes 1. k is the total number of living rooms in an apartment or house; n is the number of people living. 2. In the numerator - in the first place, in the denominator - for the estimated period. 3. The specified normative indicators are not the basis for establishing the rate of real settlement.

The size of the land plot attached to the house (apartment) is determined by regional urban planning standards, taking into account the demographic structure of the population, depending on the type of house and other local characteristics. The maximum size of land plots for individual housing construction and personal subsidiary plots are established by local governments. Allocation of a part of the land plot that is missing to the established maximum rate outside the residential area is allowed for running a personal subsidiary farm.

Thus, in order to check for compliance with the norms of land and town planning legislation, the size of the land plot (intended for the operation of an apartment building), in accordance with the block survey project, we will calculate the size of the normatively required area of \u200b\u200bthe land plot.

The calculation of the normatively required area of \u200b\u200bthe territory of a residential building site will be carried out in accordance with MGSN 01-99, uniform guidelines for the development of land-surveying projects for the territory of the city of Moscow (Order on MCA dated 13.02.08 No. 13), Resolution of the Moscow Government No. 773-PP dated October 11, 2005 year "On amendments to MGSN 1.01-99" Norms and rules for the design of planning and development of Moscow "in the territories of morphotypes of historical buildings.

Separately, we note that the calculated indicators of the normatively required area of \u200b\u200bthe land plot may not be accurate, since the initial data for the calculations are not confirmed by the data of the technical inventory and the cadastre, as well as by field measurements. The boundaries of the building located at the address: Moscow, Lopukhinsky per. 1A, bldg. 2 are built on the basis of the cartographic base data in M \u200b\u200b1: 2000 of the project of land surveying of the territory of quarter No. 148 of the Khamovniki district, bounded by Ostozhenka street, Barykovsky lane, Prechistenka street, Lopukhinsky lane (3rd stage), as well strengthening the foundation of the building (see appendices).

Table # 1

Calculation of the normatively required area of \u200b\u200bthe territory of a plot of a residential building located at the address: Moscow, Lopukhinsky per. d. 1A, bldg. 2

ANDaddress or other characteristics of buildings, territories	Unique number of a building, structure, registered in GorBTI	Year of construction of the building, structure	Building area, structure in the outer dimensions of the basement of the building (sq. M)	Functional use of buildings, structures, territories	Total area of \u200b\u200bresidential premises of buildings (sq. M)	The total area of \u200b\u200bbuilt-in, built-in-attached, attached non-residential premises of buildings, structures (sq. M)	The total area of \u200b\u200bdetached non-residential buildings, structures (sq.m)	Estimated indicators of the site
								Required land area (ha)
								minimal	maximum
Lopukhinsky per. d. 1A p. 2	17897	1913		House	2184			0.1255

In accordance with the unified methodological guidelines for the development of land-surveying projects for the territory of the city of Moscow (Order on MCA dated 13.02.08 No. 13) clause 6.3.3.1. The calculation of the minimum value of the normatively required area for residential and non-residential buildings is made according to the formula:

Sнц (Ж, НЖmin) \u003d SЖ, НЖ * 100 / n

Sнц (Ж, НЖmin) - the actual area according to the external measurement of a residential or non-residential building, building area of \u200b\u200bthe site in the external dimensions of the basement of the building.

N is the maximum building up of the site in the quarter in accordance with the SPPM dated 11.10.05, No. 773-PP.

According to the Decree of the Government of Moscow No. 773-PP of October 11, 2005 "On Amendments to MGSN 1.01-99" Norms and Rules for Designing Planning and Building of Moscow "in the territories of morphotypes of historical buildings", territories of the morphotype of traditional multi-storey include the territories of quarters corresponding to the following criteria:

For the quarter as a whole:

The minimum area of \u200b\u200bthe territory is 1 hectare;

Building density - no more than 25 thousand sq. M / ha;

Build-up area of \u200b\u200bthe quarter - from 30 to 60%;

The average number of storeys of buildings in the quarter is 3-4 floors.

For individual objects:

Number of storeys - no more than 7 floors;

Building length - no more than 80 meters;

Territory of historic household plots -

0.15 - 0.6 ha;

Building volume (total floor area)

On the territory of the site of historical home ownership -

2,000 - 18,000 sqm

When allocating the territory of a morphotype quarter, it is allowed to include existing buildings with 8 to 14 storeys in the boundaries of the morphotype territory, the building area of \u200b\u200bwhich does not exceed 20% of the "spot" area of \u200b\u200bthe entire building block.

Based on the above data, we will determine the minimum and maximum area of \u200b\u200bthe land plot at the house located at the address: Moscow, Lopukhinsky per. d. 1A p. 2.

Sнц (W, NZhmin) \u003d SZh, NZh * 100 / n std \u003d 753 * 100/60% \u003d 1255 sq.m. min land area

According to clause 6.3.3.2. unified guidelines for the development of land-surveying projects for the territory of the city of Moscow, the calculation of the maximum normatively required area of \u200b\u200bthe site for residential, non-residential buildings and structures is adopted in accordance with the PPM dated 11.10.05 No. 773-PP "On Amendments to MGSN 1.01.99" Norms and design rules for planning and building in Moscow in the territories of morphotypes of historical buildings. According to the Decree of the Government of Moscow No. 773-PP dated October 11, 2005 "On Amendments to MGSN 1.01-99" Norms and Rules for Designing Planning and Building of Moscow "in the Territories of Historical Building Morphotypes" For individual objects, the territory of historic household plots may be 0.15 - 0.6 hectares.

2.3. Conclusions on the study of the area of \u200b\u200bthe land plot under the apartment building

1) The area of \u200b\u200bthe land plot required for the operation and maintenance of the facility is presented in table No. 2 and is

Sнц (Ж, НЖmin) \u003d 1848 sq.m. min land area

According to the Decree of the Government of Moscow No. 773-PP dated October 11, 2005 "On Amendments to MGSN 1.01-99" Norms and Rules for Designing Planning and Building of Moscow "in the Territories of Historical Building Morphotypes" For individual objects, the territory of historic household plots may be 0.15 - 0.6 hectares.

Thus, Sнts (W, NZhmax) \u003d 6000 sq.m. max land area.

2) According to the project of land surveying of the territory No. 148 of the Khamovniki district min area of \u200b\u200bthe land plot located at the address: Moscow, Lopukhinsky per. d. 1A, bldg. 2 is 0.089 sq.m., mix area of \u200b\u200bthe land plot is 0.098 sq.m. Thus, the project for land-surveying of the territory No. 148 does not meet the requirements of urban planning norms and rules, MGSN 1.01-99 "Norms and rules for designing planning and development of Moscow" and the requirements of unified guidelines for the development of land-surveying projects for the territory of the city of Moscow (order on MCA dated 13.02 .2008 # 13).

3) It is not possible to check the conclusions about the areas of land plots presented in the land-surveying project No. 148 (and, in principle, in all other land-surveying projects), since in all projects without exception there are no formulas for calculating these areas. Note that on page No. 4 of the project for surveying quarter No. 148 for plot No. 4 (Lopukhinsky lane, 1A, bldg. 2) it is indicated that the area of \u200b\u200bthe land plot calculated by Moskomarkhitektura complies with the norms, while the calculation of the area was made on the basis of a document called "Mandatory resolutions of the Moscow City Duma on the construction part of 1871".

4) By themselves, MGSN 1.01-99 and "Unified guidelines for the development of land-surveying projects for the territory of the city of Moscow" generally comply with the requirements of urban planning norms and rules (SP 42.13330.2016). But in practice, in the real development of surveying projects in Moscow, nothing is considered on their basis. The total amounts are written such that the government of the city of Moscow needs it.

2.4. Conclusion on the topic

At the moment, the legislation lacks clear norms and methods for calculating the standard area of \u200b\u200ba land plot under an apartment building.

For this reason, when calculating the standard area of \u200b\u200ba land plot, one can be guided by the guidelines for calculating the standard size of land plots in SP 30-101-98 condominiums, or by the norms and rules for designing planning and development of Moscow "MGSN 1.01-99.

However, in the context of forensic examination, the question of the correctness of the use of these normative acts remains open.

3. Calculation of the area of \u200b\u200bthe land plot under the facilities of industrial enterprises.

As mentioned earlier, according to the Civil Code of the Russian Federation, the limiting minimum and maximum sizes of land plots, as well as the limiting parameters of permitted construction, are established in accordance with the rules of land use and development. In the absence of accepted rules, when calculating the area of \u200b\u200ba land plot required for the use of a capital construction object for its functional purpose, they are guided by the current urban planning norms and rules.

When calculating the area of \u200b\u200bland plots required for the operation of industrial facilities, they are guided by the norms of SP 18.13330.2011 "General plans of industrial enterprises".

The calculation of the area of \u200b\u200bthe land plot is carried out on the basis of the building density of the land plot. The building density is defined as the sum of the areas occupied by buildings and structures of all types, including sheds, open technological, sanitary, energy and other installations, overpasses and galleries, loading facilities, underground structures (tanks, cellars, shelters, tunnels, above which buildings and structures cannot be placed), open parking lots of cars, machines, mechanisms and open warehouses for various purposes, as well as reserve areas on the territory of the object, outlined in accordance with the design assignment for placing buildings and structures on them (within the dimensions of these buildings and structures), while the size and equipment of parking lots and warehouses are taken according to the standards of technological design of enterprises. The table in Appendix B SP 18.13330.2011 shows the indicators of the minimum building-up factor of the territory of production facilities. Chemical industry 11 Paint industry

12 products of organic synthesis

AND based on the requirements of SP 18.13330.2011 for a production facility for the production of plastic products, the minimum building density is 50%. Then the maximum area of \u200b\u200bthe land plot in accordance with the requirements of SP 18.13330.2011 will be:

2457 sq. M. (Actual building area) / 0.5 (percentage of building up 50%) \u003d 4914 sq. M. (the maximum area of \u200b\u200bthe land plot based on the maximum percentage of building).

Over the past few years, there has been a lot of debate as to whether the "privatization" of a land plot under an apartment building is beneficial for owners of residential and non-residential premises. At the moment, there is already enough information, incl. judicial practice to draw a clear conclusion. Here are the conclusions based on our experience in land registration for apartment buildings. Pros and cons of design.

Legal basis for registration of land for apartment buildings.

In accordance with Art. 36 of the Land Code of the Russian Federation in the existing development, land plots on which there are structures that are part of the common property of an apartment building, residential buildings and other structures are provided as common property in the common shared ownership of homeowners in the manner and on the terms established by housing legislation. So, according to Article 16 of the Housing Code of the Russian Federation, the land plot on which the apartment building and other real estate objects that are part of such a house are located is the common shared property of the owners of premises in the apartment building.

In the event that the land plot on which an apartment building and other immovable property included in such a building are located was not formed before the entry into force of the Housing Code of the Russian Federation, on the basis of the decision of the general meeting of owners of premises in an apartment building, any person authorized by the said meeting has the right to apply to state authorities or local authorities with an application for the formation of a land plot on which an apartment building (MKD) is located.

The formation of the land plot on which the apartment building is located is carried out by state authorities or local authorities.

At what point does the ownership of land under an apartment building arise?

Since the formation of the land plot and its state cadastral registration the land plot on which the apartment building and other real estate objects included in such a house are located, p is transferred free of charge into common shared ownershipowners of premises in an apartment building.

Thus, the provisions of the Constitution of the Russian Federation have been implemented in the Housing Code of the Russian Federation and the Federal Law "On the Enactment of the Housing Code of the Russian Federation". Namely, taking into account the legal nature of the common property of the owners of premises in the MKD, the legislator has included the legal regulation of relations regarding the transition to the common shared ownership of the owners of premises in the MKD of the land plot under this house as an element of the common property of such an MKD. Consequently, the right of the owners of the premises of an apartment building to a land plot follows directly from the ownership of a residential or non-residential premises in such a building.

How to register a land plot for an apartment building?

For the free transfer of the land plot on which the apartment building and other real estate objects that are part of such a building are located, into the common shared ownership of the owners of premises in such a building, it is necessary and sufficient for state authorities or local authorities to form this land plot in accordance with the requirements land and town planning legislation, as well as its state cadastral registration. Despite the fact that neither a special decision of public authorities on the provision of a land plot, nor state registration of the right to common shared ownership of this land plot in the register of rights to real estate (USRN) is required with it.

The main problems of the owners, as well as of their house management organizations, boil down to the fact that at the time of acquiring the general share ownership of the land plot, the owners are happy that they are provided with land free of charge, but about the consequences, incl. financial, such property they, unfortunately, do not think about.

Pros and cons of registration of land for MKD.

If you systematize the pros and cons for owners of premises in apartment buildings, then it will look like this.

PLUSES of registration of land for MKD .:

Additional guarantees.

1. without the consent of the owners, it is impossible to use the land plot, such as laying new roads, building, organizing commercial and other enterprises (car washes, parking lots, garages, etc.) on the territory owned by the owners of the apartment building.
2. without the consent of the owner, any alienation of a part of the land plot is not possible, as well as the demolition (construction) of any buildings is impossible.
3. it is impossible to withdraw a land plot for municipal (state) needs free of charge.

Additional potential profit.

The owners have the right to lease part of the land plot or lease it for other paid use. In addition, the ownership of land significantly increases the cost per square meter of residential or non-residential premises.

The convenience of use.

The owners have the right to perform various actions with the land plot, incl. aimed at its improvement, construction of additional structures, playgrounds and other buildings necessary to ensure the normal life of the MKD.

MINUSES of registration of land for MKD:

Taxes.

Since 2015, owners of premises in MKD have been exempted from paying land tax in accordance with Art. 389 of the Tax Code of the Russian Federation. However, it should be borne in mind that the presence in the property of a share in the right to land may increase the cadastral value of the premises itself, and, consequently, the tax burden.

A responsibility.

Owners are obliged to be responsible for the maintenance of their land. Consequently, the owner is responsible for the maintenance, repair, cleaning of roads, improvement elements (lawns, playgrounds, green areas, parking spaces, etc.), which means that liability measures can be applied to him. The owner (his DUK) can be fined for uncleared snow, for not removed garbage, etc.

Price.

An increase in the cost per square meter of premises should also be indicated as a minus, since this narrows the circle of buyers and tenants for owners, as well as an increase in the cost of maintaining the common property of MKD.

As we can see, the number of pluses outweighs the number of minuses, however, at a second glance, the obvious pluses can become negative.

Unobvious disadvantages of registering land for MKD.

As an argument for the speedy registration of land ownership, some residents cite the following - the possibility of building objects useful and necessary for citizens in the local area. But here you need to know and remember that any territory in the city has its own purpose, and on the site under an apartment building, for example, no one will allow to build a stall selling alcoholic products. The possibilities of using adjoining territories are very limited. This is due to many factors: overcrowding of residential buildings, urban planning restrictions and regulatory and technical requirements, as well as other factors.

In addition, some consider an increase in the market value of housing after registration of common ownership of land as a plus of registration of land. This is not actually the case. By itself, a share in a land plot under an apartment building exists only hypothetically: it cannot be sold, donated, or received a loan for it. The land plot is inseparable from a residential building, that is, it is devoid of independent turnover.As inseparable and part of the common property owned by the owner - a piece of the staircase or a square decimeter of the attic.

Summing up the arguments about the usefulness or harm of privatization of the local area, one should remember one very significant circumstance, the transfer of land plots into ownership under the MKD will first of all reduce the financial burden of the local government, and, accordingly, it is very beneficial for the authorities to transfer the costs of maintaining residential areas to citizens. It is for this that public hearings were held in the city of Nizhny Novgorod on the formation of land, which subsequently became big surprises for citizens, since the authorities tried to arrange the largest possible plots for the housing estate, including the territory of internal passages, communication zones, etc.

Recommendations. If a land plot for an apartment building has not yet been formed, think about its boundaries and costs for its maintenance. It must be remembered that it is impossible to build capital structures on lands occupied by communications, and any temporary ones, incl. and lawns can be destroyed at a time. If the site has already been completed, it is probably worth considering in order to minimize the tax burden.

Speaking about the boundaries of this or that adjoining territory, it should be noted that this indicator is regulated by the Town Planning Code (in terms of its rationing), Land (in the part in which the actual boundaries of the land plot allocated for a particular house are determined), as well as Federal Law No. 218-FZ "On State Registration of Real Estate" (in relation to the procedure for registering a land plot in the shared ownership of residents of the house in question).

S normal \u003d Y * Sk, where Snorm is the standard for the area of \u200b\u200bthe land plot, which should be allocated for a particular house.

The Y value is determined by the formula for calculating the share of land per 1 square meter of housing. This indicator directly depends on the number of storeys of the building, its area and the number of apartments in it.

In addition, when calculating this indicator, the year the house was built is taken into account. The second indicator - Sк - is the area of \u200b\u200ball available apartments in this house, as well as all common property that is in this house.

At the same time, common areas should not be included in the adjacent territory, such as entrances and entrances near them, at the will of entrances to the basements of the house and other territories that cannot be separated from the house, since this will entail the impossibility of its full operation.

If no boundaries have been set ...

They can be installed if such a decision is made at a meeting of the owners of all premises in the house in question. For this, a meeting must be convened, based on the results of which such a decision will be made, drawn up in the form of a signed protocol. An example of a project for surveying the territory of apartment buildings is divided into several stages:

Conclusion

The adjacent territory is a land plot on which a house is located with all the infrastructural elements and green spaces necessary for its full functioning.

Such a plot is subject to mandatory registration by establishing its assigned boundaries and registering them. To do this, it is enough to gather all the owners of premises in the house and, at such a meeting, make an appropriate decision and record it.

According to part 5 of article 16 of the Federal Law of the Russian Federation of December 29, 2004 N 189-FZ "On the introduction of the Housing Code of the Russian Federation":

Currently, the purchase of housing automatically makes the buyer a co-owner of the land plot on which the apartment building is located - of course, if the developer did not violate the law during construction.

As indicated in part 5 of article 16 of the Federal Law of the Russian Federation of December 29, 2004 N 189-FZ "On the introduction of the Housing Code of the Russian Federation":

From the moment the land plot is formed and its state cadastral registration is carried out, the land plot on which the apartment building and other immovable property included in such a house are located shall be transferred free of charge into the common shared ownership of the owners of premises in the apartment building.

If the land plot has already been formed (there is a cadastral number), then it ALREADY belongs to the owners of the MKD premises and the law does not provide for any additional actions to "land surveying", "privatization", "registration" of the land plot.

If there are several apartment blocks on the land plot and the owners, the owners of the premises of one or all houses can conduct a land survey, i.e. divide one common land plot into several according to the number of apartment blocks.

If the owners of the MKD premises have absolutely nothing to do, they can even register the ownership of the land plot in the Unified State Register:

In accordance with paragraph 2 of Article 23 of the Federal Law of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it" (hereinafter - Law N 122-FZ), state registration of the occurrence, transfer, restriction (encumbrance ) or termination of the right to residential or non-residential premises in apartment buildings is at the same time state registration of the right of common shared ownership of common property inextricably linked with it. At the same time, a certificate of state registration of rights in connection with the state registration of the right to common shared ownership of real estate objects is not issued to the owner of the premises in an apartment building.

The Ministry of Justice of the Russian Federation, by letter dated April 21, 2006 No. 04/3201-ЕЗ, provided explanations according to which if the rights to property subject to state registration arise from the moment of their state registration (paragraph 2 of Article 8 and Article 223 of the Civil Code of the Russian Federation ), the state registration of these rights is of a legal nature, and in the case when the right to immovable property subject to state registration arises in accordance with federal law not from the moment of state registration (clause 5 of article 16 of Federal Law No. 189-FZ) , the state registration is legal.

Thus, the housing legislation establishes the emergence of the right to the common property of an apartment building, including a land plot, regardless of the presence of state registration of the right to share ownership of the common property of an apartment building.

Thus, the owners of premises in apartment buildings have the right to common shared ownership of the land plot on which such houses are located, in accordance with Article 16 of Law No. 189-FZ, from the moment the land plot is formed and its state cadastral registration is carried out. At the same time, the state registration of the right of at least one owner of a residential or non-residential premises in an apartment building (and simultaneous state registration of an inextricably linked right of common shared ownership of common property in an apartment building, including a land plot) is a legal act of recognition and confirmation by the state the emergence of the rights of owners of premises in an apartment building to the specified property, including a land plot.

When registering the ownership of a land plot in the Unified State Register, subsection No. 3-3 will indicate all apartment owners who live in the MKD located on this land plot, but at the same time they cannot allocate "their" plot from the common shared ownership, that is, on property with the limitation of joint servitude will arise. In addition, such an event requires the personal participation of 100% of the owners of the MKD premises.

Often, the desire of the owners of MKD premises to register their ownership of the land plot is explained by ignorance of the laws, namely:

What, according to article 273 of the Civil Code of the Russian Federation, “Upon transfer of ownership of a building or structure that belonged to the owner of the land plot on which it is located, the ownership of the land plot occupied by the building or structure and necessary for its use is transferred to the acquirer of the building or structure.”

And most importantly, the Housing Code of the Russian Federation clearly states that the land under an apartment building is the collective property of residents.

Article 36 of the LC RF. Ownership of the common property of owners of premises in an apartment building:

1. The owners of premises in an apartment building own, on the basis of common share ownership, common property in an apartment building, namely:

4) the land plot on which this house is located, with elements of landscaping and improvement, other objects intended for the maintenance, operation and improvement of this house and located on the specified land plot. The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.

Since the land plot under the house is the common property of the owners of premises in an apartment building from the moment they acquire ownership of such premises, the ownership of the land plot under the MKD is legally related to the ownership of the premises in this house and follows its fate. You can buy a room in an apartment building only with a share of the land. And sell - only with a share. (Article 38 of the LC RF).

So when equity holders acquire ownership of apartments, the transfer of ownership of the land plot occurs automatically, by virtue of the law.

Therefore, there is no need to additionally confirm your right to a land plot by registering it in the USRR.

To find the cadastral number of a land plot, you can use the public cadastral map of Russia

If, after reading the article, you still have an irresistible desire to register the right to common ownership in the Russian Register, then you should take the following steps:

According to paragraph 1 of Art. 36 of the Housing Code of the Russian Federation, paragraph 2 of Art. 36 of the Land Code of the Russian Federation, the owners of premises in an apartment building own the land plot on which the house is located on the basis of common share ownership. The site is recognized as indivisible. The share of the owner in the right of common ownership of the property is proportional to the size of the total area of \u200b\u200bthe premises belonging to him and cannot be allocated in kind.

On the basis of the decision of the general meeting of owners, any person authorized by the meeting (the applicant) has the right to apply to state authorities with an application for the formation of a land plot on which an apartment building is located (Article 16 of the Federal Law of December 29, 2004 No. 189-FZ "On the introduction of Of the Housing Code of the Russian Federation ").

The boundaries of land plots on which apartment buildings are located are established on the basis of land surveying projects. From the moment the state cadastral registration is carried out, the land plot on which the apartment building is located, and other real estate objects that are part of the house, are transferred into common shared ownership free of charge.

You can understand the desire of the residents of an apartment building to install garages for their cars in the courtyard of their house and the adjacent territory instead of a playground, to build some kind of structure for doing business, or simply to restrict access to unauthorized persons to your yard by fencing the adjacent territory with a fence.

To what extent do their actions comply with the law and can be recognized as legitimate? After all, this particular piece of land becomes the cause of numerous conflicts between the owners of apartments, non-residential premises in the house and the authorities.

The law does not provide guidance on how to define the boundaries of the local area. The main thing is that you should comply with fire safety, urban planning and sanitary standards. And there should be no obstacles to ensure the normal functioning of a residential building.

The answer to the question of who owns the land located under the apartment building and the territory adjacent to it is contained in Article 36 of the RF LC. It says that it, along with all the facilities located on it for servicing the apartment building and green spaces, belongs to all the owners of the premises of this house.

In such circumstances, we are talking about the regime of common shared ownership. This means that they all have the right to own, use and dispose of it together within the limits established not only by the civil, but also by the housing code.

Thus, all owners of apartments and non-residential premises in a residential building have equal rights to the land plot below it.

At the same time, the question arises quite justifiably, since when does the right of ownership arise for them? This information is important for land owners to determine the moment from which they should pay land tax in order to avoid problems with the tax authorities.

If the plot under the residential building with all the objects serving it was already registered on the cadastral register before the RF Housing Code came into force, then it goes to the disposal of all co-owners on a free basis.

They have the right to common shared ownership. This provision is enshrined in Article 16 of the Federal Law of December 29, 2004 “On the Enactment of the Housing Code of the Russian Federation”. For information: the provisions of the RF LC have been applied on the territory of the RF since March 1, 2005.

If, before this period, there was no information about the land plot in the cadastre data, then the future owners will have to initiate this process themselves and start registering their rights to it. This can be done in different ways.

First, you need to organize and hold a general meeting with the participation of all residents. It can empower its representative to carry out all work related to the legalization of land. In this case, he will represent the interests of all co-owners in government and other bodies, coordinating all issues with them.

At the same time, each of the owners of an apartment or non-residential premises in the house can independently apply to the authorized bodies with a request to form a plot. Upon its termination, the ownership of the site arises for all tenants (part 3 of article 16 of the above law).

So, in order to become full-fledged owners of the land on which an apartment building is built, it is enough to initiate measures, as a result of which this site will be put on the cadastral register. Only after that it will become the property of all owners of residential and non-residential premises located in the house.

The acquisition of property rights by them is made free of charge: completely free of charge for future owners.

Since the land plot belongs to real estate objects, remember that legally the title to it arises not from the date of completion of the above actions, but from the moment of its registration with the authorized bodies. This is provided for by Article 131 of the Civil Code of the Russian Federation.

Owners of premises in apartment buildings erected after 2005 do not need to worry about registration and legalization of rights to a land plot. The developers who put these apartment buildings into operation, before the start of construction, have already formalized their rights to the lands on which they planned to start construction of residential buildings. Upon completion of the construction and commissioning of the house, they were legally engaged in the sale of their apartments.

When making such transactions for their purchase and sale, the buyers, together with the living space, also simultaneously acquired the right of ownership to a share of the land plot. From this moment, all rights of the developer to this territory are considered terminated. In such cases, for the emergence of ownership of the residents of the house, no decree is required by the state authorities.

How to find out who owns a land plot under an apartment building

You can get information about the owner of the land plot online on the Rosreestr website. To do this, find the "Public Cadastral Map" tab on it. On this map, select your region, read the map of the city (village), find and click on the plot of land you are interested in. After that, a window will pop up with all the information available in the cadastral registration.

Data on tax payments can serve as confirmation of the fact that a land plot is owned by someone.

The receipt sent to home owners indicates the amount of property tax. If such data is available in notifications, this means that the land plot has an owner, whose rights have already been duly formalized.

How to register a land plot under an apartment building in ownership

Each apartment owner can start the process of registering his ownership of a share in a land plot under an apartment building himself. But given that this is a very long and expensive procedure, it would be wiser to join forces with other co-owners of the premises or involve the municipality in solving this issue. After all, he is the owner of the apartments in which the tenants live on the basis of social tenancy agreements.

Carry out the process of legal registration and subsequent registration of ownership in stages:

• organize a meeting with the participation of all owners of the premises located in your home, and obtain their consent to initiate the procedure for registering the title to the land plot. Select your representative to take further actions and represent the interests of potential owners;
• prepare and submit to the authorized body an application for the formation of a land plot;
• wait for the completion of all activities for its formation;
• register ownership with Rosreestr.

Not everyone understands what is meant by the term “land plot formation”.

It includes the implementation of the following activities by specialists:

• development and subsequent approval of projects for land surveying (defining its boundaries) and planning of the territory;
• carrying out all necessary works by the appointed cadastral engineer. This is preceded by the conclusion of a work contract with the customer (FZ 24.07.2007 N 221-FZ "On the State Real Estate Cadastre").

After the final determination of the boundaries of the land plot, start entering data about it into the state cadastre. Such an application can be submitted not only by its owners, but also by other interested parties. Make sure that it clearly follows from the documents on the registration of land that we are talking about a plot set aside specifically for the placement of a residential apartment building.

The cadastral passport of the land plot serves as confirmation of the completion of the registration of the land plot and the entry of information about it into the cadastre.

It is issued to the applicant and contains comprehensive information about the property belonging to the owner. The cadastral passport is an extract from the real estate cadastre and gives the right to make any transactions with real estate.

With regard to land plots under apartment buildings and adjoining territories, the passports indicate that:

• all co-owners of the premises are the copyright holders;
• we are talking about their ownership of land by the right of common share ownership;
• the share of each co-owner is determined depending on the area of \u200b\u200bthe residential or non-residential premises belonging to him in the house.

Documents for registration of a land plot under an apartment building

The person elected by the general meeting will have to prepare a package of documents that he will need to fulfill the responsibilities assigned to him for the registration of the land plot:

• minutes of the meeting of residents on the issue of land registration;
• documents on the ownership of each tenant of the apartment, indicating its area;
• documents containing information from the state cadastre;
• statement on the need to form a site;
• additional documents.

• application for registration of the right to common property;
• a document that confirms the authority of the representative;
• a receipt confirming the fact of payment of the state duty;
• information about apartment owners;
• documents proving that the applicants have rights to common real estate;
• registration certificate for the property.

The very process of vesting land ownership is free for the owners of the premises in the house. The receipt by them of the land under the house and the adjacent territory in shared ownership is carried out without any payment for it. They only have to pay a state fee of one hundred rubles.

It is paid for the registration of ownership by each co-owner.

If 20 families live in an apartment building, then the total amount of the duty payable by them will be 2,000 rubles.

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