NATIONAL LAND SERVICE UNDER THE MINISTRY OF AGRICULTURE

Transcription

1 NATIONAL LAND SERVICE UNDER THE MINISTRY OF AGRICULTURE APPROVED by: Deputy Director performing functions of the director of the National Land Service under the Ministry of Agriculture Vaidas Pakalka DESCRIPTION OF CERTIFICATE ISSUE FOR THE SALE OF A PRIVATE AGRICULTURAL LAND No. 1AP-(5.29)-65 Vilnius No. Title Content of description 1. Code of the administrative APŽD Version of the administrative 1 3. Title of the administrative Certificate issue for the sale of a private agricultural land 4. Description of the administrative Regarding submitted applications (directly upon the arrival to the institution, by mail or courier) of natural or legal persons of the Republic of Lithuania and other foreign organizations the National Land Service under the Ministry of Agriculture (hereinafter the Service) shall organize the issuance of certificates for a landowner of land on sale concerning agricultural land parcel for persons with pre-emption right who can acquire agricultural land parcel on sale (hereinafter land parcel) under the Provisional Law on the Acquisition of Agricultural Land of the Republic of Lithuania Article 6, paragraph 1, part 2 and 3 the price at which it is sold and the other terms, conditions and certificates regarding the proposed sale of agricultural land parcel when persons with pre-emption right do not wish to buy it. 5. Legislation governing the provision of the administrative 1. Provisional Law on the Acquisition of Agricultural Land of the Republic of Lithuania (hereinafter the Law). 2. Procedure of a certificate issue for the sale of a private agricultural land approved by the Director of the National Land Service under the Ministry of Agriculture on 10 January 2014 Order No. 1P-(1.3)-5 On the Approval of the Procedure of a Certificate Issue for the Sale of a Private Agricultural Land (hereinafter the Procedure). 6. Information and documents to be A person who wishes to sell a land parcel must submit a

2 submitted by a person 7. Information and documents to be received by the Service (officer analysing applications) 2 territorial division of the Service regarding the location of land as follows: 1. The report of the decision to sell agricultural land parcel must include as follows: 1.1. owner s: name, surname, personal identification number, address, contact details of a natural person; name, legal form, code, address and contact details of a legal person or other foreign organization; 1.2. registry number, name of a village, city, ward, municipality; 1.3. area of a part of a land parcel that is on sale; 1.4. price and term of sale; 1.5. users with whom the contracts of a land parcel on sale have been made and that are registered in Real Property Register (names, surnames of a natural persons; legal forms and names of legal persons or other organizations). 2. The copy of identity document certified under the laws (if a land parcel is sold by a natural person). 3. Co-owners written refusals or document issued by the notary stating that the co-owners have refused or did not submit an agreement to buy a land parcel under the preemption rights under the procedures of Article 4.79 of the Civil Code of the Republic of Lithuania (if the owned part of the land is on sale under the Common Property Rights). If a landowner decides to sell few owned land parcels, a separate report on the decision to sell a land parcel must be submitted for each land parcel to be sold. Information received from: 1. Register of Legal Entities of the Republic of Lithuania on: 1.1. Registration of a legal person of the Republic of Lithuania (if a land parcel is sold by a legal person of the Republic of Lithuania) or data from Register of Legal Entities approving registration of established agency or branch of a foreign legal person or other foreign organization in Lithuania and information on a person who established an agency or a branch (if a land parcel is sold by a foreign legal person or other foreign organization); 1.2. Address of users of land parcel that is on sale and owners of a land parcel adjacent to the land parcel on sale (if these are legal persons). 2. From Real Property Register on: 2.1. property rights to the land parcel on sale and registration of restrictions on these rights and legal facts;

3 3 8. Provider of the administrative 9. Manager of the administrative 10. Term of provision of the administrative 2.2. property rights to land parcels adjacent to land parcels on sale and registration of restrictions on these rights and legal facts. 3. declared address of land users of landowners of land on sale and land that is adjacent with the land on sale from the Residents' Register Service of the Republic of Lithuania (if these are natural persons). Officers of territorial division of the Service according to the land parcel by location. Names, phone numbers and addresses of the responsible officers published on the Service website Head of the territorial division of the Service according to the location of land parcel. The director or heads of the territorial divisions of the Service whose names, phone numbers and addresses are published on the website No later than within 5 working days from the date of the receipt of the owner s report the territorial division of the Service shall inform the user (users) of a land parcel on sale about a land parcel on sale, sale conditions and preemption rights to acquire land on sale, also persons whose land under the pre-emption rights is adjacent to the land parcel that is on sale, the director of a municipal administration or other interested institution concerned about land taken for public needs if the land on sale is supposed to be used for public needs and SE State Land Fund under valid detailed or special plans. These persons must submit their agreement or refusal (the decision when land shall be acquired on behalf of the state) to buy a land parcel to a territorial division of the Service no later than within 15 working days from the date of the receipt of the report. The territorial division of the Service shall issue an appropriate form of a certificate for the sale of land under the law for a person with pre-emption rights to buy a land after the receipt of a personal agreement (decision) to acquire a land parcel no later than within 5 working days from the expiry date during which those wishing to exercise the pre-emption rights to acquire a land parcel could be able to submit an agreement to acquire it. 1. A certificate on agricultural land sales for a person with the pre-emption right. 2. A certificate on agricultural land sales for a person with pre-emption right when agricultural land parcel on sale will be acquired by more than few persons with preemption rights.

4 4 11. Application form, filling in the application example and content 12. Features of the provision of the administrative s 3. A certificate on agricultural land sales for a person with pre-emption right when agricultural land parcel is acquired by the State. 4. A certificate on proposed agricultural land parcel for sale when persons with pre-emption right do not wish to acquire it. If the landowner has submitted a report on the decision to sell him a few land parcels under the pre-emption right, a separate relevant form of a certificate shall be prepared for each land parcels for sale. A report shall be submitted under the approved Description form (Annex 1 of the Description). 1. A report on the decision to sell a part of an agricultural land parcel shall be submitted to the territorial division of the Service only if a land co-owner does not exercise the pre-emption right to acquire it under the order of the Civil Code of the Republic of Lithuania, Article 4.79 when a part of land parcel is on sale governed under the Law on Common Property. 2. When a few persons with pre-emption right wish to acquire a land parcel that is on sale, the territorial division of the Service no later than within 5 working days from the expiry date of an agreement to acquire a land parcel by persons with pre-emption right shall inform persons in written who wished to acquire a land parcel that the land parcel will be sold to persons under the established queue of Law, Article 6, paragraph When a few persons with equal pre-emption right wish to acquire a land parcel that is on sale, a certificate must include all persons with equal pre-emption right to acquire an agricultural land parcel. A landowner shall decide which person or persons to sell a land parcel under the proposed conditions. 4. The state shall exercise the pre-emption right (except cases when the pre-emption right is exercised by the coowners of a land parcel under the order of the Civil Code, Article 4.79) to acquire a land parcel that is on sale will be used for public needs under valid detailed and special plans as well as a land parcel needed for the implementation of the improvement of land holding structures and reduction measures of abandoned land funded by the state budget and EU the price it is sold and other same conditions. 5. When persons with pre-emption right refuse to acquire a land parcel that is on sale or do not submit an agreement to acquire a land parcel on set time or have submitted agreements to acquire a land parcel that is on

5 5 13. Information and communication technologies usable for the provision of the administrative s 14. Record of description of the administrative s sale but did not submit documents and (or) do not meet the requirements of the Description, paragraph 7, the territorial division of the Service no later than within 5 working days from the expiry date of the agreement submission of persons to acquire a land parcel under the pre-emption right shall issue a certificate on proposed agricultural land on sale when persons with pre-emption right do not wish to acquire it, the landowner could transfer this land parcel to other persons. 6. When persons who submitted agreements to acquire a land parcel that is on sale, but who did not submit documents or who do not meet the requirements indicated in the Description, paragraph 7, the territorial division of the Service no later than within 5 working days from the expiry date of a submission of personal agreements to acquire a land parcel with the pre-emption right shall provide a motivated response on the refusal to enter into the a statement that this land parcel will be sold to a person with pre-emption right under the order of Law. 7. When a landowner who wish to sell a land parcel at a lower price and (or) in other terms than it was indicated in the primary report of the landowner, the second report must be submitted. An opportunity for a person to download report form on the Service website Description is included in the register of the Service, recorded and stored in case 5.29 Administrative Service Descriptions and Register 1AP. Head of Land Reform Division of Land Management Department Aušra Maksvytytė