After the entry into force of the Water Code of the Russian Federation in 2007, 95% of all water bodies in Russia were assigned as federal property, and 5% as municipal and private. Now a small closed water body - a pond, can become the property of both a legal entity and an individual. You can register a pond in ownership in accordance with civil and land legislation.
Instructions
Step 1
You can alienate the ownership of the pond only with the simultaneous registration of ownership rights to the land plot on which this water body is located. But there are some limitations. So, according to paragraph 4, Art. 8 of the Water Code of the Russian Federation, such a site is not subject to division and cannot be in shared ownership. You will not be able to formalize the right to this site and in the case when it is located within the boundaries of common areas (clause 8, article 27 of the Land Code of the Russian Federation).
Step 2
State and local government bodies should develop and adopt regulations that establish procedures and criteria for the provision of such land plots, as well as the procedure for considering applications. The procedure for the provision of such plots must comply with Art. 37 of the Land Code of the Russian Federation.
Step 3
If you want to get ownership of a plot, within the boundaries of which there is a pond, submit an application to the executive body of state power or local government. In it, reflect the purposes for which you are applying for ownership of this site, indicate its dimensions, give a location diagram. The municipal authorities are obliged to make a decision on this issue within two weeks.
Step 4
Before a decision is made, local authorities prepare inquiries and establish the existing ownership of a given water body. A request for the presence of a water body in the relevant property register is sent to the territorial body for federal property management, to the department for state property management and to the water resources department of the territorial basin water administration.
Step 5
In case of confirmation of the fact that this pond is not federal property, the head of the municipality prepares an order to include this water body in the ownership (part 2 of article 8 of the Water Code of the Russian Federation, article 40 of the Land Code of the Russian Federation).
Step 6
You must register your ownership of this water body in accordance with the Federal Law "On state registration of rights to real estate and transactions with it" (clause 1, article 25 of the Land Code of the Russian Federation). From the moment of registration, you become the owner of the pond.
