FORMATION OF LAND PLOTS UNDER APARTMENT BUILDINGS IN THE EXISTING BUILDING ON THE EXAMPLE, BUT ZHELEZNOGORSK

Abstract

The article examines the situation associated with the formation of land plots for apartment buildings in the existing development on the example of the closed administrative territorial entity of Zheleznogorsk, Krasnoyarsk Territory. The purpose of the study is to consider the procedure for the formation of land plots on which apartment buildings are located in the existing development. In the course of studying this problem, a theoretical analysis of legislation in the field of land and property relations was carried out. The theoretical and methodological basis for the study was legislative acts and judicial practice on the research topic. As a result of the study, it turned out that the transfer of a land plot to the common shared ownership of the owners of premises in an apartment building as an integral part of the common property of this building directly depends on the fulfillment of obligations by the local government body for the formation of the land plot on which the apartment building is located, and under each apartment building home separately. The formation of a land plot occupied by an apartment building in an existing residential development is possible only on the basis of a land survey project approved in the manner prescribed by the legislation on urban planning. The approved land-surveying project is part of the urban planning documentation and the basis for the preparation of the land-survey plan. In turn, the boundary plan refers to cadastral documentation and it is he who is the basis for setting the land plot occupied by an apartment building on the state cadastral register. Before proceeding with the implementation of cadastral work, the local government must hold public hearings on the project for the planning of the territory, the project for surveying the territory and approve this documentation by its decision. The works, as a result of which a project for land surveying and a land plot plan is created, are organized by the local government and paid for at the expense of the local budget. Both the organization of work and their implementation require a significant period of time.