Residents of Riga are trying to give up a plot of land – it turned out to be not easy

“The land plot formally ‘attached’ to the house is one that the residents do not use at all and has no practical significance for the house. Nevertheless, residents have to pay for it. How can it be ‘cut off’ from the house, and where should one address this issue? Reader bb.lv.”

Denis GORBA, lawyer of the Latvian Human Rights Committee:

– The actions of the municipality related to property are governed by the Law on the Expropriation of Public Property. It provides for the possibility for the owner or all co-owners of a building (structure) entered in the Land Register to alienate the land plot on which the building (structure) is located or an intermediate land plot adjacent to the land plot.

The procedure for this process is regulated by Cabinet of Ministers Regulations No. 109 “Procedure for the Expropriation of Public Property.”

How to act?

1. Decision of the owners. The issue of changing the boundaries of the plot cannot be decided by one resident: a decision of the homeowners' association is required. A vote must be conducted, and more than 50% + 1 vote “FOR” is needed (according to the Apartment Ownership Law). The protocol must clearly record the decision on the necessity to review the boundaries of the plot.
1. Submission of an application to the municipality. In Riga, this issue is handled by the Commission for the Privatization of Residential Houses of the Riga City Council (Rīgas valstspilsētas pašvaldības Dzīvojamo māju privatizācijas komisija). The meeting protocol must be attached to the application. The municipality is obliged to consider whether the specified plot is indeed unnecessary for servicing your house.
1. Review procedure. If the municipality gives the “green light,” the process begins. Architects and planners assess building regulations (density of development, access for special transport). If the land belongs to a private individual (compulsory lease), their opinion will also be taken into account, but the city's decision will be prioritized. The municipality makes a decision to approve the new boundaries.
1. Registration in the Cadastre. After the boundaries are changed, it is necessary to update the data in the State Land Service (Valsts zemes dienests). Usually, this is done by the municipality as part of the review process, but residents need to ensure that the area has decreased in the tax bills.

Important nuances

The boundary review process may incur costs (development of a new cadastral plan). These expenses are shared among all apartment owners.

Once the area of the plot is officially reduced, the property tax will proportionally decrease, and if the land was leased, the rent (legal fee for land use — likumiskā lietošanas maksa) will also decrease.

If the land under the house belongs to a private individual, they may resist the reduction of the plot, as they lose part of their rental income. In this case, the municipality's decision often becomes the subject of legal disputes, where the city usually sides with the residents if the area of the land is deemed excessive.

Where to go in Riga?

The Commission for the Privatization of Residential Houses of the Riga City Council (Perses Street, 10/12, Riga) – the main institution making decisions on the boundaries of privatized houses.
The Department of City Development of the Riga City Council – if clarifications are needed on urban planning plans and the minimum required areas for houses of your type.

I recommend starting with a consultation at the Privatization Commission. They can preliminarily inform whether someone from a specific area has submitted similar applications and what the chances of success are.