Home Undercarriage How to correctly draw up an application for the lease of state land? An application for the lease of a land plot: how to draw it up correctly and where to submit it? Sample application for concluding a land lease agreement

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How to correctly draw up an application for the lease of state land? An application for the lease of a land plot: how to draw it up correctly and where to submit it? Sample application for concluding a land lease agreement

Reading time: 12 minutes

Attached to it is a set confirming the applicant's rights to allocate land to him.

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Role of this document

An application for the allocation of a land plot is the basis for the allocation land plot or refusal to provide it.

Local authorities are given a certain period of time (usually no more than 30 days) to consider an application received from a citizen. During this period, the information provided is checked and an assessment is made whether the applicant has legal grounds for. For example, belonging to one of the privileged categories, the absence of barriers to obtaining land plots.

The availability of free plots in the region is also established or it is checked whether the plot specified in the application belongs to (otherwise, they are not entitled to resolve issues of its lease).

After that, the authorities issue a decree on the provision of land and a negative decision based on the results of its consideration.

In the latter case, the decision must contain the reasons for the refusal.

Allocation of plots for lease in Russia is purely declarative. Even if citizens have grounds for obtaining free land (for example, from large families), no one will allocate a plot to them without their active participation.

If they do not express their desire to receive a plot through an application, then it is considered that they have not exercised their right to free land..

Usually, land allocation requires two applications.

The first of them is preliminary for obtaining approval from the municipal authorities in the allocation of a site. Prior approval is not required, but is usually necessary when receiving land for.

Upon receipt of preliminary approval, the applicant can start work on the site. At this stage, the boundaries of the land plot are determined, it is put on the cadastral register in Rosreestr and all technical documents are provided for it, including the plan and the cadastral passport. All costs for the services of a cadastral engineer are borne by the applicant.

The second application is submitted immediately before the conclusion of the contract with the administration.

Based on it, the applicant receives a prepared lease agreement for review and signing. This usually takes no more than 2 weeks.

Structure and content

The rental application usually has a recommended form that is approved local. The fact is that the issues of land allocation are in the competence of the municipal authorities, which are the owners of the plots. Therefore, there is no single application form for the entire territory of the country.

The application usually has three main parts.

In the heading (upper right corner) it is written who exactly this document is intended for: the head of the municipal district with his full name, the head of the local department of the Federal Property Management Agency or the committee for land relations.

Information about the applicant is also registered here: his full name, passport details (series and number), date of birth, citizenship, residence and contact information (phone, e-mail).

For legal entities, you need to register the name of the legal entity, full name and position of the applicant, TIN / KPP, legal and actual addresses.

Individual entrepreneurs indicate their full name, registration address (it coincides with the registration address), TIN, OGRNIP. The individual entrepreneur does not have other identification details.

The main part of the document should contain: an immediate request for the allocation of land for rent.

At the same time, the type of lease and its terms are specified: perpetual use, lease of land for individual housing construction for 5 years, etc.

The application should contain as much detailed information as possible about the site:

its cadastral number (if by that time the necessary work land surveying and cadastral registration) or preferred location area;
the size of the allotment (if necessary, it is necessary to justify why exactly this size is required - for example, on the basis of the production capacity of the farm);
the presence of encumbrances in relation to him;
details of the decision on the territory (if any);
the rights for which the applicant intends to enter the lease (as a potential owner or lessee); so, the land for the first is allocated for rent, and then they can be transferred into ownership, subject to the construction of a house here.

If the applicant has benefits (for example, he is entitled to free land), then they must be prescribed in the document.

The list of preferential grounds is contained in the municipal legislation or at the federal level.

For example, the Land Code establishes the rights of free plots for or young professionals from among the priority professions (usually teachers, doctors) who are ready to move to the countryside.

At the regional level, free plots can be allocated to the poor, retirees, or families recognized as needing better housing conditions.

The presence / absence of buildings on the territory is reported separately. If there are any, a complete list of them is submitted with an indication of the owners.

At the end, you need to put your signature, seal (for legal entities), indicate the date of drawing up applications and write down a list of attached documents.

How to make it right

In order to correctly draw up an application, you need to familiarize yourself with the regional regulatory legal acts and study the likely reasons for refusing to provide a site.

This will avoid possible mistakes when filling out the document.

These may include:

the applicant has no right to a land plot (for example, he refers to outdated legal norms);
the site is not municipal property;
the site was occupied by that time (it is worth checking in advance who is the owner of the requested land);
previously withdrawn from circulation;
it contains buildings belonging to another person;
the application incorrectly indicated the intended purpose of the land.

Usually, the application form differs depending on the category of the applicant: for individual entrepreneurs who plan to organize a peasant farm on the land; for those that involve complex development on the site and individuals who lease land for a summer cottage or individual housing construction.

The application form and sample can be requested directly from the administration officer.

What to pay special attention to

When filling out an application, you should pay attention to the following points.

No factual errors

An indication of the desire to receive land without bidding with reference to Art. 39.5 Land Code

Land for lease can be provided based on the results of the auction or without them. The latter option is more profitable for the applicant, as it will be able to guarantee him that the rental price during the auction will not become sky-high. But it should be understood that the desire to get a plot without bidding does not guarantee the applicant's right to do so.

So, if within thirty days after the media reports about the intentions to lease the land, there are other applicants for it, then the local authorities will be obliged to hold an auction.

Purpose of the land

If the application is approved, but after the conclusion of the contract, the citizen will not use the site for its intended purpose, then the lease may be terminated, and the land seized for municipal needs.

The law provides for the possibility of changing the target purpose, but it is far from always possible to implement it.

In some cases, the tenant may be fined for misuse of the site.

Completeness of attached documents

This is documentation confirming the identity of the applicant and his right to receive a plot, project documentation for a plot (if any), registration documents (for legal entities). The specified list is conditional and depends on the legal basis for obtaining land.

In the set required documents may include a birth certificate of children, a veteran's certificate, a pension certificate, a work book, etc.

Sometimes it is required to present a certificate from the municipality stating that the applicant has not previously used his right to land or confirmation that family members do not own an allotment of a similar purpose.

How to serve and where

The application is submitted directly to the administration of the municipality, a specialized unit for property and land issues or other authorized authorities. For example, the MFC can deal with the acceptance of documents.

The documents attached to the application are submitted in copies with the simultaneous presentation of the originals. Their notarization is not required.
If the application is submitted through a representative, then he must provide a notarized power of attorney confirming his right to act in the interests of the applicant.
The application is submitted in two copies, one of which is stamped by the secretary indicating the date of acceptance. If the process of considering the application is delayed, the citizen has the opportunity to appeal against the actions of the administration.
After receiving the application, specialists check it for compliance with the established requirements. If necessary, they can request, through interdepartmental channels, supporting information or additional documents from the applicant himself.

Thus, in order to obtain land for lease from the municipality, it is required to fill out and submit to the administration an application in the prescribed form. It is on the basis of this document that a decision is made on the allocation of an allotment or refusal to provide it.

Reading time: 4 minutes

Rent land plots in Russia is carried out taking into account certain rules that are spelled out in Land Code and local laws and regulations.

An obligatory document when going through the procedure for obtaining land for lease is a statement, which is the basis for signing an agreement.

Dear Readers! Each case is individual, so you can check the information with our lawyers.Calls to all numbers are free.
What is a land lease application for municipal land

The provision of a land plot for rent is made on the basis of an application from a citizen or legal entity... Without such a statement, even if there are legal grounds for allocating a plot of land, it will not be provided. Because municipal authorities are obliged to comply with all formalities and must process requests from citizens in a declarative manner. Otherwise, representatives of the administration
Most of the leased land is at the disposal of local governments. An application for a lease is submitted to the authority responsible for land distribution. This may be the administration of the municipality, a specially created committee on property and land issues.
In some cities, it is possible to transfer applications through multifunctional centers.

The application is drawn up directly by the potential person. It is written in free form addressed to the Head of Administration / Head of the Committee. But usually, municipal authorities have developed recommended uniform application forms to facilitate interaction with citizens. They can be asked from a specialist authorized in the administration, found on special stands or in an appendix to the regulations for the allocation of land plots in the municipality.
The application is submitted in duplicate. One of them with a mark of acceptance and the date of receipt by the administration is transferred to a potential tenant. This copy may still be required by the applicant if the administration will delay the allocation of land to him and does not provide a written response on a positive decision on the issue of land lease or a reasoned refusal in a timely manner. Then he will be able to complain about the inaction of the authorities to higher authorities.
How to make it right

An application for lease of land from the administration must contain the following information:
In the header of the application, the person to whom the document is intended is written: position and full name, to whom the document is intended.
Usually this is the head of the city administration or rural settlement, the head of the land committee of the Ministry of Defense.
Further, information about the applicant is indicated: full name, passport data (series / number / by whom and when issued), registration address. Here you should also register the contact information of the tenant: phone or email address where you can contact him if you have any questions. If the initiative to allocate land comes from a legal entity or entrepreneur, then they indicate the full set of details.
For the company, these are TIN, KPP, data on actual and legal address; for individual entrepreneurs - full name, OGRNIP, TIN and registration address (it is he who is the legal address for entrepreneurs).
The main part of the document contains a direct request from the applicant to provide him with a land plot for lease without bidding. If necessary, the applicant can indicate his desire to buy out the leased land after the expiration of the lease agreement.
If the application is submitted under a special program (for example, the development of the Far East or the relocation of young specialists to the countryside), then you need to refer to it.
The proposed lease is prescribed.
The purpose of the lease and the category of the land plot and its purpose are indicated: maintenance Agriculture, country house or individual housing construction.
Is given detailed characteristic land plot. If the site has already been registered in the cadastral register, then it is necessary to indicate its cadastral number, exact location, area and cadastral value with a link to an extract from the USRN / cadastral passport.
If the site is not registered with Rosreestr, it is required to describe its location in as much detail as possible and attach a diagram drawn up by a cadastral engineer. Additionally, you need to indicate how it is supposed to solve the issue of land surveying.
Sometimes the applicant is required to prescribe why this is the size of the site he needs. For example, this is due to the area of the industrial complex or it is guided by regional standards for the minimum area of land for individual housing construction.
The presence / absence of encumbrances in relation to this land is indicated.
All buildings on the ground are listed, including unfinished ones and their owners.
It is necessary to inform the tenant about it. The list of beneficiaries may differ depending on the region. Today, at the federal level, large families can count on land from the state; young specialists from the list of in-demand professions who are ready to move to the countryside. Additional programs may operate in regions. Here, the list of beneficiaries may include war veterans, the poor; citizens officially recognized as needing better housing conditions.
A list of all attached documents to the application is compiled: a passport, constituent documents for legal entities and entrepreneurs (TIN, KPP, extract from the Unified State Register of Legal Entities or USRIP, a copy of the charter), a cadastral passport and an extract from Rosreestr, a plot diagram, documents confirming benefits.

The document ends with the signature of the potential tenant and the date of application submission.
How to properly sell a child's share in an apartment and is it possible to do it at all? Find out about it from our.

Filling out the application must be taken very carefully, since the presence of errors in it (for example, an incorrectly indicated cadastral number and the intended purpose of the site) may serve as a basis for refusing to provide land or simply lead to the fact that it will be left without movement.
The data from the application will further form the basis for the formation of a lease agreement with the administration.

Or, on the contrary, they will serve as a basis for refusing to provide a site: due to the fact that a person refers to outdated legal norms; asks to provide land already occupied or withdrawn from circulation.
All documents to which the citizen refers in the application must be attached to him in originals and preferably copies (but if necessary, photocopies can be made on the spot). No notarization is required.
If the transfer of the application and other documentation will be handled by an authorized representative of a citizen, then he must have a notarized power of attorney to represent the interests of the person.
Thus, in order to receive a lease of a land plot from a municipality, it is required to submit an application in the established form to the administration of the municipality. It is on the basis of the content of this most important document that a decision can be made on the allocation of an allotment or refusal to provide it.

Legal advice:

1. The power line is on my privatized land. Can you show a sample application "asking" to pay the rent for the use of the land?

1.1. There are no examples of such statements. Submit a written complaint. Indicate the essence of the claim, the requirement with references to legislation, as well as the legal consequences of failure to comply with the requirement.