Separation of real estate

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Separation of real estate, as a result of which the property acquires a new cadastral division, address, boundary plan, etc. is carried out in two different processes, depending on whether the separation takes place on the basis of a change of ownership of the specific real estate to be separated, or the separation is performed without a change in the owner.

Separation of real estate when the owner changes

Often, real estate is separated after its acquisition, forming a new real estate with its new area, address, name, and purpose of use.

 

If you purchase real estate, which will be separated from the existing real estate after signing the purchase agreement, then you need to perform the following actions and prepare the following documents:

 

  1. A Purchase Agreement (gift agreement) is signed between the parties, which also provides for the separation of real estate.
  2. Decision of the local government in the territory of which the real estate is located on the separation of the land unit. To receive this municipal decision, it is necessary to apply to the local municipality with an application regarding the division of real estate (land plot), assignment of a name and / or a new address, and determination of the purpose of use for this detachable real estate.
  3. After the decision of the local government has been received and entered into force, the local government shall also decide on the development of a land use plan or detailed plan (if such is intended for the relevant land plot). To prepare a land use plan, you must go to a person who has a valid license or certificate to perform land use work (surveyors). When going to the surveyor, he must submit:
  • land register certificate.
  • municipal decision on project development.
  • a graphic annex to the decision.
  • land boundary plan.
  • a permit issued by a credit institution to carry out the development of a land development project if the property is encumbered with credit obligations.
  1. The developer of a land use project shall submit this project to the State Land Service for approval and issuance of an administrative act.
  2. The owner of a real estate or project developer shall submit a land use project approved by the State Land Service to the local government for approval.
  3. According to the project agreed in the local government, a land boundary plan is developed, new data are registered in the State Unified Cadaster Information System.
  4. The last stage is registration in the land register, opening a new section in which the following documents must be submitted:
  • a request for confirmation certified by a sworn notary.
  • Purchase agreement (gift agreement).
  • Municipal decision on the separation of the land unit, assignment of a new name or address and determination of the purpose of use.
  • New land boundary plans for both new land and permanent land.
  • Building inventory file if there is a building (structure) on the separated real estate.
  • the consent of the creditor (bank) if a prohibition has been registered on the real estate.
  • spouse’s consent (if required).
  • municipal certificate confirming the payment of real estate tax.
  • Consent of the municipality, if the land is acquired by a person who, in accordance with the laws “On Land Privatization in Rural Areas” and “On Land Reform in the Cities of the Republic of Latvia”, may acquire land with restrictions (eg non-citizen, foreigner), or evidence that a person may acquire land without restrictions (for example, a statement prepared by a legal person on the composition of its members with an indication of the citizenship of the members).
Separation of real estate without change of owner

Often, real estate is separated after its acquisition, forming a new real estate with its new area, address, name, and purpose of use.

If you purchase real estate, which will be separated from the existing real estate after signing the purchase agreement, then you need to perform the following actions and prepare the following documents:

  1. A Purchase Agreement (gift agreement) is signed between the parties, which also provides for the separation of real estate.
  2. Decision of the local government in the territory of which the real estate is located on the separation of the land unit. To receive this municipal decision, it is necessary to apply to the local municipality with an application regarding the division of real estate (land plot), assignment of a name and / or a new address, and determination of the purpose of use for this detachable real estate.
  3. After the decision of the local government has been received and entered into force, the local government shall also decide on the development of a land use plan or detailed plan (if such is intended for the relevant land plot). To prepare a land use plan, you must go to a person who has a valid license or certificate to perform land use work (surveyors). When going to the surveyor, he must submit:
  • land register certificate.
  • municipal decision on project development.
  • a graphic annex to the decision.
  • land boundary plan.
  • a permit issued by a credit institution to carry out the development of a land development project if the property is encumbered with credit obligations.
  1. The developer of a land use project shall submit this project to the State Land Service for approval and issuance of an administrative act.
  2. The owner of a real estate or project developer shall submit a land use project approved by the State Land Service to the local government for approval.
  3. According to the project agreed in the local government, a land boundary plan is developed, new data are registered in the State Unified Cadastre Information System.
  4. The last stage is registration in the land register, opening a new section in which the following documents must be submitted:
  • a request for confirmation certified by a sworn notary.
  • Purchase agreement (gift agreement).
  • Municipal decision on the separation of the land unit, assignment of a new name or address and determination of the purpose of use.
  • New land boundary plans for both new land and permanent land.
  • Building inventory file if there is a building (structure) on the separated real estate.
  • the consent of the creditor (bank) if a prohibition has been registered on the real estate.
  • spouse’s consent (if required).
  • municipal certificate confirming the payment of real estate tax.
  • Consent of the municipality, if the land is acquired by a person who, in accordance with the laws “On Land Privatization in Rural Areas” and “On Land Reform in the Cities of the Republic of Latvia”, may acquire land with restrictions (eg non-citizen, foreigner), or evidence that a person may acquire land without restrictions (for example, a statement prepared by a legal person on the composition of its members with an indication of the citizenship of the members).