At the conclusion of last year National law M42-FZ from 12 ,. 27, 2009 “On coming into amendments to articles 2 and 3 of national law ‘On Putting in Force the Land Code of the Russian Federation'” and article 7 of federal law “On going into amendments to legislative enactments of the Russian Federation as regards the identifying of the conditions and procedure of acquiring headings to state- and city-owned land plots. inch Landman Canada
The new version of article 3, par. 2 of federal law (J137-FZ “On Putting in Force the RF Land Code” from Oct. 25, 2001 states similar to this:
“Legal entities with the exception of those specified in article 3, par. 1 of the Law shall convert their right of permanent, never ending use of land and building plots to the right of land lease or take possession of this land. Religious bodies shall furthermore convert their directly to the right of free of charge limited use, if they so desire, until Feb. 1, 2012 in keeping with the principles specified in article 36 of the given document. ”
By Jan. 1, 2013theRFCodeon management offenses will be accompanied with article 7. thirty four introducing liability for the failure to meet the date and the actual approved procedure of re-registering the right of permanent, never ending use of land and building plots to the right of land lease or perhaps the day and procedure of taking possession of land plenty (the penalty of legal entities ranges from 20, 000 to 100, 1000 rubles). But even the promised administrative prosecution does indeed not accelerate the process of re-registration.
But while this issue is not new, there are several issues which are indirectly addressed by the law despite a well-established forensic practice:
We. Re-registering the right of permanent, perpetual use of the land plot where no real estate items are present
Perusal of the issue is caused by a huge number of refusals to re-register the right of permanent, perpetual use of your land plot. Skilled authorities refer to the lack of real real estate objects on a plan as the key reason. Nevertheless it is important to understand whether such refusals are legitimate.
Pursuant to article 3. par. 2 of Federal law FU37-FZ “On Putting in Force the RF Land Code” from Oct. 25, 2001, legal entities must convert their right of long lasting (perpetual) use of land and building plots to the right of lease or take own land plots, if they so desire, until Feb. 01, 2012 in collection with the prescriptions established in article 36 of the RF Land Code.
A reference in the given article to the need to re-register the land titles in keeping with the principles stipulated in article 36 of the RF Land Code offered rise to many uncertainty about what particular land and building plots were to be re-registered. Thus article 36 is dedicated to acquiring the title to state-owned or city-owned land plots whereon buildings, structures and edifices are located.
And how should one become a title holder of those land plots (the right of permanent, perpetual use) where no real house objects are situated? What are the guidelines for these cases?