The complexity of the situation is that the answers to these questions are contained in various regulations governing housing, land and other relations. So, first things first.
The fate of the house and land under it - is indivisible

Land Code (Land Code of Russia) in one of the basic principles of the law, which is in the unity of the fate of the site and related facilities. Simply put, the plot, which is located an apartment building and others designed to serve this House objects belong to the common property and apartment buildings are common property of all owners of apartments of this house.

Every owner of premises (residential or nonresidential) in an apartment house has the right to share (in proportion to the square of its premises) in the common ownership of the land. But at what point there is a right, how to determine the boundaries and size of land?

The fact that the current legislation (Article 16 of the Federal Law of 29 December 2004 № 189-FZ "On introduction of the Housing Code of the RF") established the following rule. If the land on which the apartment building is located, was formed and held him against the state cadastral registration, this section went free in common shared property owners of the house, from the date of entry into force of the LCD RF (from March 1, 2005).

If, however, until March 1, 2006 the steps were not made, the land under the tenement house goes into a common share ownership c since its inception and conduct of state cadastral registration. Any authorized by the general meeting of owners of a person may apply to the relevant government authorities, a statement about the formation of the land. Decision of the general meeting shall be decided by simple majority vote of the owners who participated in the meeting.

Thus, the time when the rights of owners share ownership of the house, due to legal fact of formation of the land and holding his state cadastral registration.
Create the site of its own image

From the foregoing question: what is the formation of the land and holding his state cadastral registration? These concepts are inextricably linked. To form a plot - means to individualize it, ie, determine to be unique to this part of the signs - the location, boundaries, size.

In addition, each land plot, formed and accounted as an object property is assigned an inventory number.

First, we conducted the land survey - the event to determine the location and boundaries of land on the ground and their consolidation with the help of landmarks that is issued with the relevant act. Act but others must sign and representative of the owners of the house. Then compiled drawing the borders of the land.

The process of boundary formation of the case, which contains all the documentation and shall be deposited in a permanent Committee on Land Resources. Results of survey recorded in the state cadastral registration of land plots.

Maintain cadastral registration of land in Russia carry out subdivisions (the location of the land) of the Federal Real Estate Cadastre Agency (FAKON). Cadastral registration - a description of land, in which each site receives the characteristics that clearly distinguish it among others and carry out its quality and economic evaluation. Each section with assign inventory number.
Dossier zavedut each

In the Unified State Register of land on the basis of land survey data and other information are made following information about the land plots:

- Identifiers;

- The location (address);

- Area;

- Category of land and the permitted use of land;

- Description of land boundaries, their individual parts;

- Duly registered property rights and restrictions (encumbrances);

- Economic characteristics, including the size of payment for land;

- Qualitative characteristics of the land;

- Availability of real property, permanently connected with land.

Date relevant information in the Unified State Register of land is a critical event, since it is to this date, the law binds the definition of land as an object of state cadastral registration.

As a result of state cadastral registration of applicants are granted the cadastral maps (plans) - they serve as a document confirming the existence of the plot, respectively, and the rights of share ownership. The fee for conducting the state cadastral registration of land plots to the applicants will be charged.

It should be noted that, under the rules of formation and the cadastral registration of land for each multifamily building can be done only after a large-scale land management activities such as conducting cadastral districts (subject RF), the area of the quarter.

Thus, the formation of a particular land should precede the formation and cadastral city block on which this house is located, as well as the separation of the residential quarter (or part thereof) at the sites of buildings and structures.

Get information about whether the land is formed under the house can be a territorial unit FAKON. The State Land Cadastre are open to the public authorities responsible for state land cadastre are obliged to provide information from it to any interested person presenting the identity card and a statement in writing. Data from the state land cadastre are issued, usually in the form of extracts from or copies of the inventory stored in the cadastral case documents.
The State does not necessarily know all

The need for state registration has two options.

There is a perception that the state registration of share ownership to land under the house is needed. Thus, in accordance with the Land Code of the RF rights to the land certified by the documents specified in the law "On state registration of rights to immovable property and transactions with it" - namely, testimony about the state registration of ownership of the land.

According to another version, the state registration in this case is not required. This view is justified as follows. As mentioned above the law, state registration of rights to property of apartment buildings in accordance with this Act and the Housing Code. A LCD RF said that the land passes into the common shared property owners of the house since its formation and implementation of cadastral registration, but not from the moment of state registration of rights of share ownership.

State registration of, transfer or termination of the right of residential or nonresidential premises in apartment buildings is both a state registration is inextricably linked with the right of common shared ownership of common property. And the land is part of the common property of an apartment building. Therefore there is no need to register the right of common ownership of land, part of the common property of the apartment building.
Land ownership? Show me your papers

To date, existing regulations do not provide a direct answer to the question of what title documents affirm the right of the owners share ownership of the house on the land where the home is located.

However, only the presence pravoudostoveryayuschego document is the basis to the owners of the house were considered the owners of the site and have the right to erect on it any of the items, enclose a territory to receive the redemption price of land in the case of demolishing houses, etc.

Furthermore, it is from the date of the land ownership law binds offensive obligation to pay land tax.

Thus, to certify the right of common ownership of land under a multifamily building will be the following documents:

- Certificate of state registration of ownership of each separate room in the house;

- Decision of the general meeting of lodging houses for forming the land;

- Cadastral map (plan) area;

- Statement of housing legislation (Art. 36 LC RF and art. 16 of the Law "On Enactment of the Housing Code of the RF") outlining the rules, confirming the emergence from the owners of premises house share ownership rights to land since its inception.

The legal fact is these documents confirm the right to the land on which is located an apartment house.

Alla Kirillova, lawyer Corporation Incom Properties ":

- In accordance with Art. 36 of the Housing Code of the RF land on which the apartment building is located, belongs to the owners of residential premises in the house on the right of common property. The boundaries and size of the plot on which the House shall be determined in accordance with the requirements of land legislation and legislation on urban development.

Land for apartment buildings are not just for owners of premises in these buildings, but also for others. In this regard, any fence or building land, impeding the passage or transit, as a rule, can lead to violation of the rights of citizens and legal persons. These sites can be located driveways, playgrounds, green areas, other objects intended for use by unspecified persons. In such cases, these plots are burdened Easement others (easement).

Land, which is situated a dwelling house, is a common property in the apartment house. It should be noted that the owners of premises in an apartment house were not owners of the basement, attic, equipment, land separately. They act as the owners of common property in a single complex.

Share in the right of common ownership by property owners in an apartment house there is the law at the time of property rights on their respective premises.