Provision of land without preliminary approval of the object location (tenders)
Provision of lands for the construction without preliminary approval of the location for purchase or rent is carried out by tenders (auctions) for sale or right to lease. Subject (land with established borders) of an auction must be formed in accordance with Articles 30, 38, 38.1, 38.2 of the Land lawbook of the Russian Federation.
In order to create land for auction at the request of the authorized authority municipal authority carrying out functions in the field of architecture and urban planning, or the municipal administration, which is placed on the territory of land, within the 14 days provides information on the land use.
Information on the permitted land use is available in the form of urban development land plan (if the urban development land plan was developed as part of the approved planning documentation) or in form of document on a permitted land use.
Conclusion on the permitted land use should include the following information:
- About planning regulations established for territorial zone, where is located the land (if the land plot is part of planning regulations), including a list of all allowed uses of land, limits (minimum and (or) maximum) of land size, limiting parameters of permitted construction;
- Requirements for location of objects on the plot site, the possibility of separation;
- Restrictions on the land use (area for cultural heritage protection, water protection, security or sanitary protection zones, protected sites, restricted areas and other);
- About possible establishment of public easements.
As on territorial planning documents and (or) land management documents. Competent authority with the relevant services of the municipality or under contract with specialized organizations make up land boundaries within 5 days.
Authorized authority select the costs of competitive conditions implementing and starting price of land or the initial amount of the rent based on the report of an independent appraiser.
Package of documents for land include:
- Cadastral passport of land;
- Starting price on the land or price for rent;
- Information about the "auction step" (in the case of the auction or tender);
- Cost's size of competitive conditions implementing (in the case of auction or tender);
- Technical conditions, information on connection cost and the timing of object connection to engineering and technical network.
Authorized authority takes documents on formed plots to the Commission, which makes negotiation protocol of submitted documents on the basis of group review and makes recommendations for the form of bidding (auctions, tenders).
Trades are implemented in form of tender in case of need to establish conditions (duties) on the next kinds of land use:
- Loss indemnity for the demolition of houses, resettlement, replacement of transport networks and engineering facilities and transport communications;
- Construction of engineering, transport and social infrastructure, improvement of common areas;
- For other conditions.
Sale of land for housing construction or sale of rights to land lease for housing or for the land development for housing construction is carried out at the auctions.
Implementation of cadastral works and implementation of state cadastral registration of land are held in accordance with the Federal Law from 24.07.2007 N 221-FL "On the State Cadaster of Real Estate".
Winner of the auction is the person who offered a higher price for the land, in the tender - a person who offered the best conditions.
Winner of the auction, along with the contract of sale or lease agreement get a package of documents on land, which are the permitted documents for design works on the project.
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