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Features of acquisition of the land plots for nonresidents of the Russian Federation

Добавлена: 06.07.2014   Количество просмотров: 13335

Features of acquisition of the land plots for nonresidents of the Russian Federation

Purchase of any real estate, and the land plot including, in general process rather difficult and demanding professional knowledge and experience and if the nonresident of the Russian Federation wants to get the land plot or premises in property, everything becomes complicated many times.

For a start we will specify who is considered the nonresident of the Russian Federation. So, two categories of the population concern to nonresidents of the Russian Federation:

- the foreigners who don't have the Russian nationality;

- the citizens of Russia living outside the country more than half a year.

And if the citizen of Russia can restore the status, having without quitting the place spent in the territory of our country 181 days, the foreigner remains the nonresident if doesn't obtain nationality of the Russian Federation.

In general, laws of our country allow foreigners to register the property right to almost any real estate as according to the Constitution of the Russian Federation and the Law "About a Legal Status of Foreign Citizens" they possess the same rights, as Russians without special difficulties. That is the nonresident can quite make any transactions with real estate in Russia, including has the right for its inheritance. But thus it is necessary to remember that the foreign citizen has to stay in our country on the legal bases.

To issue the transaction with real estate, the nonresident some documents are required:

- passport of the country, and also its notarized translation;

- the visa - in case with the state, from where there arrived the foreign citizen, at Russia the visa regime is introduced;

- the documents confirming official stay in the territory of the Russian Federation for citizens of those countries with which at our country the visa-free regime of entrance is established;

- the document on registration of the foreigner in a residence in the territory of the Russian Federation.

But, as well as any transaction with real estate, registration of the land plot in property nonresidents of the Russian Federation has the reefs.

The land Code of the Russian Federation establishes the right of foreigners for acquisition in property of the land plots in the territory of Russia with the following restrictions:

- according to item 3 of Art. 15 of ZK Russian Federation nonresidents have no right to buy in property the land in border territories and other territories of the Russian Federation established especially according to federal laws. In relation to our region it means that nonresidents can buy the land plot in Rostov-on-Don, but thus they are forbidden to buy the land in Taganrog, Azov, Neklinovsky and other areas which are in border zones;

- if the foreign citizen already has a land plot on the right of continuous using or it is received in the form of inheritance, to issue it in personal property, using the law "About Country Amnesty" it has no right. It means that earth registration in property in it a case will happen in the general order and to payment of all taxes and duties (according to ZK Russian Federation Art. 20);

- according to No. 101 Federal Law of 24.07.2002 "About a turn of lands of agricultural purpose" the nonresident can rent only farmlands, it is forbidden to own them on the right of a private property.

Thus, nonresidents can get the land plot in Rostov-on-Don, but thus it is necessary to approach carefully to transaction registration, after all mistakes in such expensive action are inadmissible.