By decision of State Duma deputies, the “dacha amnesty” was extended until 2020 - a document allowing the privatization of residential buildings according to a simplified scheme was adopted on February 22, 2018. Legislators had to consider this issue hastily: there was less than a week left before the end of the grace period for registering country houses and dachas.
Let us tell you in more detail what amendments it contains new law and who will be affected by the “dacha amnesty” after March 1, 2018.
Last news
The deputies considered the bill extending the grace period in a short time: the registration process in the lower house took place on February 16, four days later the document was adopted in the first reading, and two more days later - in the third.
The authors of the initiative explained that in order to formalize property rights in a general manner, permitting documentation for the commissioning of an object is required. In some cases, it is difficult or simply impossible to obtain. Consequently, such houses will be recognized as unauthorized construction, and their owners will have to defend their rights in court.
“Dacha amnesty” – what is it?
This phrase came into everyday use in 2006, when the authorities allowed the owners of plots and buildings unregistered in Rosreestr to legalize their property with minimal time and money. The need to launch the program arose due to the large number of unregistered real estate properties, the right to ownership of which was granted according to the previously valid rules.
Federal Law No. 93-FZ “On Amendments to Certain Legislative Acts” Russian Federation on the issue of registration in a simplified manner of citizens’ rights to certain real estate objects” dated June 30, 2006, better known as the law on “ dacha amnesty", started working on September 1, 2006.
The document provides a simplified format:
- plots for summer cottages, for gardening, vegetable gardening and personal farming;
- buildings and individual residential buildings erected on them.
In the first 8 years alone, according to Rosreestr, more than 10.5 million rights were registered under the simplified system, of which 3.5 million were for houses. Statistics for subsequent years, although less impressive, showed that in general the program was in demand. Therefore, towards the end of its validity, the question naturally arose: will the “dacha amnesty” be extended after March 1, 2018?
In the fall of 2017, the State Duma received a government bill (registered under number 302153-7), which provides for a simplified process of privatization of country houses. In particular, the document proposes to free citizens from the need to obtain permission to build and commission houses. It will be enough to inform local authorities about the completion of construction. Deputies approved the document in the first reading on December 21, 2017, but it did not reach the second and final reading by the required deadline.
How has the law changed?
The law on the “dacha amnesty” was repeatedly changed and supplemented: some of the articles (initially there were 13 of them) have already lost force, and the initially approved rules have also changed. Thus, Federal Law No. 218-FZ “On state registration real estate" dated July 13, 2015 requires:
- simultaneously with state registration, place the object in cadastral registration;
- register residential buildings on the basis of a technical plan (a construction permit is required for its preparation) and a title document, if the right to land is not recorded in the Unified State Register of Real Estate.
The procedure for registering dachas and garden houses is complicated - the list of required documents includes a technical plan prepared by a cadastral engineer. It is compiled based on the information in the declaration entered by the owner of the property. No construction permits are required. Until 2017, registration of such buildings was carried out according to one declaration.
Maximum prices for cadastral works
Legislation allows entities to determine maximum prices for cadastral works, but only for land plots. By Law of the Moscow Region No. 156/2015-OZ dated 10/08/2015, the maximum price for cadastral work in the region is 450 rubles per 100 sq. m. m, but not higher than 7,000 rubles.
Back in 2007, the authorities of the Leningrad region approved a methodology for calculating the maximum price for land management work. Factors influencing its value are listed in the regional government decree No. 197 of 08/03/2007:
- base price for work (set for a plot of 5 acres, the cost depends on the number of adjacent plots on which measurements are taken);
- regional coefficient (the closer to St. Petersburg, the higher);
- deflator coefficient for the calendar year.
On average, the work takes seven days.
Last updated February 2019
The State Duma has extended the “dacha amnesty” until March 1, 2020. What is a dacha amnesty and what is it for? This is a popular term; in a legal sense, it means simplified regulations for the registration of land plots and buildings located on them as property.
Conditions for a dacha amnesty for a plot
But not every plot of land falls under the dacha amnesty. There are three conditions:
- the land must have been received into legal possession by the owner before October 30, 2001;
- a plot of land was provided to a citizen (but not registered) with the right:
- property, property
- lifelong inheritable possession, permanent use (these types of rights are transitional concepts and were used earlier (in the 90s, land in most cases was issued for possession and use), they are like a symbiosis of lease and ownership (full use and limited disposal), at present they are practically not used and are found only in the text of old documents);
- the type of right is not established (the document either does not say about the right or the content and meaning is not clear, for example, the documents may indicate the following wording: “granted to private law” or “allocated to personal possession”, etc.). An unclear type of right is automatically assumed to be property.
- The purpose of the land can be:
- for running personal farming;
- country farming, gardening, horticulture;
- individual garage or residential construction.
Conditions for buildings
For buildings, the period of creation of the object does not matter. Simplification may apply to the following buildings:
- garage;
- dacha amnesty for a residential building (either completely finished or unfinished), having no more than 3 floors and intended for one family;
- other auxiliary premises (bathhouse, utility block, gazebo, gatehouse, barn, etc.).
Such buildings must be erected on the site:
- for individual housing construction objects;
- for maintaining private household plots;
- issued for a dacha, vegetable garden, orchard.
Objects built on commercial land are not covered by the dacha amnesty.
Dacha amnesty or privatization
The dacha amnesty is often replaced by the concept of privatization. This is not entirely correct. Privatization is the free transfer of real estate from the state (municipality) to private hands. How does the dacha amnesty work? It concerns only the issues of registration of existing property, that is, the right already exists, you just need to obtain an appropriate document (of a modern type) on ownership.
Although the law provides for the registration of objects that were not previously owned by citizens, but were in other possession. Accordingly, property belongs to the state (or local authorities), so simplification implies the transfer of real estate from the state (municipality) to the citizen.
In this sense, we can say that the dacha amnesty is partly privatization on special grounds, which does not require a separate decision on the provision of an allotment of property and other general procedures.
How to apply for a dacha amnesty
There are three situations in which you can use the amnesty:
- registration of only the land plot (usually if there are no buildings);
- registration of rights exclusively to structures standing on the land (as a rule, the land has already been registered as the property);
- simultaneous registration of land and buildings.
Which way to go is up to the citizen, but most often it depends on the subject of legalization.
Preparatory stage
It is necessary to prepare a document on the basis of which the right will be registered. This could be:
- act on the provision of land (in ownership, other possession, but not for rent), issued by the state. (municipal) body, institution or enterprise (who owned the site before transfer to a private person);
- a certificate of ownership, possession or use of a citizen for an old-style plot (up-to-date and in compliance with the legislation at the time of its issuance, but before the entry into force of Federal Law No. 122 of July 21, 1997),
- an extract from the household register indicating that the person has the right to a land plot (this only applies to land for personal farming);
- minutes of the general meeting of the collective farm, the decision of the state farm administration to provide an allotment;
- purchase and sale agreement, gift, certificate of inheritance (if the original owner has changed). Such documents are submitted along with those that confirm the authority of the previous copyright holder.
The listed documents may be in the citizen’s hands, or they may be in municipal archives. If the administration refuses to issue a document or provide information (extract), then you can sue to force it.
State registration
For government registration should contact the territorial department of RosReestr or MFC. The following is handed over to the registrar:
- Statement on state registration. It is very easy to fill out; samples are available at the stands and on the Rosreestr website. The registrar, at the request of the applicant, can fill out the form (the applicant will only put a signature);
- One of the land documents;
- State payment receipt duties. Its size is 350 rub.. Details can be obtained from the Rosreestr information desk or on the website.
- Applicant's passport. It is presented to identify the applicant.
The list of documents is limited by the Amnesty Law; Rosreestr (MFC) does not have the right to demand additional documents.
A receipt is issued regarding the delivery of documents. Registration of rights is carried out within 10 days.
After it, the citizen becomes the full owner of the land plot without reservations or restrictions.
Moreover, if the land was in lifelong possession or indefinite use, then, having received the title of owner, these types of rights are automatically terminated. This is logical; you cannot simultaneously have the same plot both in ownership and, for example, under the right of perpetual use.
As you can see, the simplified procedure consists of providing a minimum list of documents. No cadastral work is required, namely land surveying and cadastral registration of the property. Legalized areas have the status “previously registered”, that is, they have already been registered. And even if the cadastre contains inaccurate data about the object (information about the area, border coordinates, etc.), this is not a reason for refusing to accept documents.
A citizen, if desired, can demarcate the plot in the future in order to clarify the boundaries and other characteristics. It is not prohibited to carry out boundary measures even before the land is registered as a property (this is a citizen’s right). This is done with the purpose that in the future it would be possible to dispose of the object (donate, sell) the plot without “surprises”.
Although many resort to a great trick: they are looking for a buyer for the land. plot, agree on a transaction and carry out simultaneous registration of real estate and change of ownership.
Registration of houses and buildings under amnesty
On preparatory stage The following documents are produced:
Documents confirming the fact of creation of the structure:
- Declaration of real estate(for a country house, a gardener's house, a garage, a bathhouse, a barn, a gazebo, a utility block and other objects that do not require a building permit). The dacha amnesty declaration is filled out independently, it contains information about:
- address;
- type and purpose of the object;
- squares;
- number of storeys;
- the composition of the walls;
- connection to engineering and technical highways;
- completion time of construction;
- owner;
The declaration form is provided for by Order of the Ministry of Economic Development No. 447 dated November 3, 2009 and is freely available on the Internet. Filled out easily and intuitively.
- Document confirming the right to land(for an individual residential building). If the right to the plot has already been obtained in the required manner, then nothing needs to be submitted.
- Construction permit(for an unfinished residential building).
Title document for the land (where the object was built/reconstructed):
- land title act;
- certificate of ownership (old form);
- contract of sale;
- extract from the household ledger;
- certificate of inheritance;
- and so on.
If the land is already registered, then these documents are not required.
Cadastral registration
Registration of buildings will be refused if the land is not on the cadastre. However, there is no need to carry out cadastral work if you have the following documents:
- a modern certificate of ownership of the plot (received after January 28, 1998). This still happens when there is a right, but there is no data in the cadastre. But this is RosReestr’s problem. The citizen has nothing to worry about;
- conclusion of the board of the gardening and dacha association on the location of the object within the boundaries of the land plot of the dacha owner (gardener);
- conclusion of the municipality on the location of the building on the citizen’s plot (for real estate that does not require a building permit or that is located on land for subsidiary farming).
State registration
The applicant for state registration (the person to whom the ownership will be registered) may be the owner (possessor) of the land. area on which there are structures. You must contact either RosReestr or the MFC. At the same time they present:
- statement about state registration;
- one of the documents confirming the origin of the building;
- a document that replaces the need to conduct a cadast. registration of the site (if it was not carried out);
- ground document (if there is no ownership);
- state payment receipt duties. The fee is 2,000 rubles, if land registration is also carried out at the same time - 2,350 rubles. for everything at once;
- applicant's passport.
This is an exhaustive list of documents.
There may be cases when, when submitting documents for registration, an individual. of a residential building, the registrar will ask you to additionally submit a cadastral passport for the house, citing the fact that it is impossible to register the right to a residential building if there is no information about its parameters: address, area, number of floors, etc. and supposedly such parameters may be contained in the cadastral passport. This information is incorrect, since the description of the residential building can be made in the application for registration in section 3.1. in the columns: “address”, “area”, “additional information”.
A receipt is issued indicating successful acceptance of documents. State registration is completed within 10 days.
Dates of dacha amnesty
Regarding the land plot, the amnesty period is until 03/01/2020. For permanent buildings the deadline is different.
Until 03/01/2019, a garden house, a residential building, an individual residential building, etc. can be registered on the basis of a construction permit (if it was issued for individual housing construction), a declaration for the object (garden house).
If the house under construction is not ready by the specified date and, accordingly, the documents for state registration are not submitted, then a notification about the start of construction must be submitted to the administration by 03/01/2019.
In all other cases, notification of the start of construction and compliance of the building with legal requirements is submitted strictly before the start of construction (not during!!!). A completed house must be handed over upon notification of completion of construction. In the absence of such a procedure, the structure will be considered unauthorized. The administration may begin legal proceedings to demolish the house. Then you can defend your right and protect your house from demolition through the court. That is, by recognizing the building as meeting the requirements of the law and not posing a threat to the life and health of citizens.
What are the advantages of the dacha amnesty?
- Avoid lengthy and expensive procedures for land surveying and cadastral registration;
- Legalize unauthorized constructions (reconstructions), even those that violate design and construction standards, etc.;
- The ability to dispose of amnesty objects at will (sale, donation, exchange, will, etc.);
- Ability to mortgage real estate to obtain credit funds;
- Availability of registration (place of residence). You can register yourself, relatives and other persons in residential buildings and country houses;
- Protection of your property interests. Registered objects can be insured. Or if harm was caused by illegal actions, it is easy to prove your claims in court and seek financial compensation.
- Possibility of concluding contracts for the provision of energy resources (gas, water, etc.).
What are the disadvantages of the dacha amnesty?
- Obligation to pay property and/or land tax (as well as after privatization);
- The emergence of disputes between land owners due to inaccurate boundaries of plots that have not been surveyed.
If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.
There is a lot of confusion surrounding the concept of “dacha amnesty”. In fact, this is an opportunity to register ownership of certain real estate properties in a special manner. Let's figure out what it is, what documents you need to have, and why it is better to register your rights to a land plot and a built house as quickly as possible.
So, for whom does the dacha amnesty make life easier, what is it from a legal point of view, and what does the period of its “extension” until 2018 mean? Judging by the reviews, not everyone understands what its essence is and what advantages it provides.
First of all, it should not be confused with free privatization, this is a completely different topic. Dacha amnesty is for those who actually already own a plot of land acquired before October 30, 2001 (the adoption of the Land Code), and can confirm this with documents.
What's the point?
According to current legislation, any real estate is subject to state registration: land plots, residential premises, garages, bathhouses, outbuildings. Information about them must be entered into the state real estate cadastre (GKN) and into the state register of registration of rights to real estate (USRE). These actions are carried out by the bodies of Rosreestr: the cadastral and registration chambers. Cadastre and register data are open. Any interested user, such as a potential buyer, can request an extract from them to ensure the integrity of the seller.
According to the law, it is impossible to register ownership of real estate if information about it is not in the State Property Committee. Their presence is confirmed by a cadastral passport. It is possible to register an object for cadastral registration only on the basis of technical documents:
- for a land plot - this is a boundary plan;
- for a built house - technical plan.
Obtaining them is a relatively lengthy and expensive procedure. The essence of the “dacha amnesty” is that you can obtain a land certificate without land surveying. For built objects, the conditions are different, read about this below. The following video will also help you understand the topic in more detail.
What objects fall under the “dacha amnesty”
The land plots that our citizens received before 2001 are conventionally divided into two main categories:
- provided for gardening, horticulture, summer cottage farming;
- allocated for individual housing construction (construction of a private house) or for running a subsidiary (homestead) farm.
It is precisely such plots, and the objects built on them, that can be registered as part of the “amnesty”. Soviet time they were provided on the basis of the right of lifelong inheritable ownership or permanent unlimited use. In the early 90s, when allocating land, a certificate of ownership was already issued. These are the so-called old-style documents, they are completely legal. But there is no information about such owners in the Unified State Register. If you need to make a gift to bequeath or sell property, you will need to register the transfer of rights, and for this it must be recorded in the state register.
Required documents and registration procedure
Each real estate property is registered separately. You should start by obtaining a land certificate, since without it it is impossible to register a house.
Registration of land
You need to contact the Rosreestr office with an application (filled out there), attaching any available documents to it, this could be:
- old-style certificate of ownership;
- decision of the executive committee or other body on the allocation of a site;
- extract from the household register of local authorities.
If it is not clear from the documents on what right the land was provided, then it is considered that it was owned. The extract is issued from the archives of the relevant state or municipal entity at the location of the land.
If you own a house donated or inherited and want to receive a certificate for the land under it, then you must additionally attach:
- gift agreement, purchase and sale, inheritance documents;
- one of the above documents on the title of the previous owner.
If the previous owner of the land plot registered his property, then step 2 is not required. You can find out about this by requesting an extract from the Unified State Register.
The land will be registered in the cadastral register simultaneously with the registration of ownership, and information will be entered on the basis of available documents. When there is no boundary plan, a note is made that the boundaries of the site and its area are not precisely defined. If the primary documents do not contain information about the characteristic individual characteristics of the object, cadastral registration and registration will be denied.
Registration of houses and other buildings
To register a fully built house, you need to submit documents confirming the fact of its creation with a description of the main characteristics (Article 25.3, No. 122-FZ) and a certificate for the land plot.
When collecting documents for a dacha amnesty, pay attention to the category and permitted use of the land. The order of subsequent actions depends on this.
- If the land is classified as agricultural land, allocated for gardening, dacha or subsidiary farming, then the applicant simply fills out a declaration form in which he describes the structure. This is enough for the house to be simultaneously entered into the cadastre and registered ownership (letter from Rosreestr dated April 10, 2015) .A similar procedure applies to non-residential properties on lands for other purposes. What they have in common is that construction does not require permission.
- The construction of a residential building on a site allocated for individual housing construction and private plots within a populated area can only be confirmed by a document: a permit to put the house into operation, and it can be obtained if construction has been permitted.
The commissioning certificate is not required to be submitted until March 1, 2018. Consequently, to register the right to a constructed residential property, it is not necessary to have a construction permit.
But you will have to get a cadastral passport. And it’s not so much about it - the registration chamber can itself request information, it is important to register the building. Firstly, this is the only document with which you can confirm the existence of the house. Secondly, if there is no information about it in the cadastre, a refusal will follow (reference to Article 20, clause 1.2, Law No. 122-FZ), because registration of the right to an unregistered object is not allowed.
As for the technical passport (drawed up by the BTI until 2013, a technical plan is now being drawn up) - this is an intermediate document, and it is not always required. It is clear from the diagram that other grounds can be used to draw up a technical plan.
Registration of unfinished objects
You can acquire ownership of an unfinished house only if you have a construction permit (clause 5, article 25.3, No. 122-FZ), which creates many problems for the owners of such objects.
The reason for the author’s concern is the fear of not having time to build a house in order to register it under the dacha amnesty without building permits and commissioning. Since the deadlines have been extended, the problem has been resolved. If permission is available, then the unfinished object will still have to be registered in the cadastral register, which will require a technical plan.
Summary
The dacha amnesty does not relieve the need to register real estate in the cadastral register. If the State Reserves Committee has information, and you can check this by requesting a cadastral extract or passport, then registration is simplified. Information about most land plots was transferred to the information bank from the BTI, and construction projects are registered by the owners themselves.
A certificate of ownership does not save you from being accused of “squatting” of land - in the absence of a boundary plan, and a house - from being recognized as an unauthorized construction if land or urban planning norms have been violated. But if it exists, all problems that arise are resolved only through the courts.
The law discussed below was approved by the Federation Council on February 28, signed by the President of the Russian Federation on the same day and published. Thus, from the date of official publication, the law on the extension of the “dacha amnesty” has already entered into force under the number - Federal Law of February 28, 2018 N 36-FZ
The dacha amnesty will be extended until 2020
On February 22, 2018, the State Duma of the Russian Federation adopted in the third and final reading the draft Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation”, this was written on the website of the Russian Newspaper.
For what seems like nothing speaking words a very big matter is hiding, which will indeed affect tens and even hundreds of thousands of people. Moreover, it will affect in a good way, making their life much easier.
We are talking about another extension of the so-called dacha amnesty. The previous deadline for the dacha amnesty was set at March 1, 2018. Many of the private developers sought to go through all stages of state registration for newly built houses by this time. Surely, many of those who have applied to the MFC recently have seen large queues of people there precisely because of this!
The new law answers a key question:
How to register ownership of a built house on an individual housing construction site in 2018?
Do you need permission to put it into operation, do you need a building design, or any other permitting documents that are not clear where to get?
The bill essentially answers these questions simply - it is not necessary. In 2018 (and until March 1, 2020) everything will basically be the same as before. If the law extending the dacha amnesty is signed by the President (and there is no doubt about this), it will establish new term dacha amnesty - until March 1, 2020. The law itself contains only a few paragraphs, with the main content of this kind:
- the words “March 1, 2018” should be replaced with the words “March 1, 2020.” That is, no fundamental changes are expected in the procedure for registering rights; additional documents are not required for this.
How to register a house on an individual housing construction plot in 2018?
What does the 2018 dacha amnesty provide?
Quite a lot. Of course, it is the law on the dacha amnesty that provides for a simplified procedure for registering newly built houses on plots for individual housing construction (in other words, housing construction projects). According to this procedure, now (at the end of February 2018) a private developer must submit to the MFC only the following documents (if registering for one owner):
A technical plan prepared by cadastral engineers (estimated cost 5-7 thousand rubles for a house up to 200 square meters), which immediately includes a declaration (cadastral engineers also fill it out together with you). The technical plan is provided on disk;
Receipt for payment of state duty (350 rubles for a new house on a plot for individual housing construction);
Your passport.
And that's it! Well, you can also present proof of ownership of the plot. Yes, a building permit will also be needed; it is required by cadastral engineers and a copy of it is included in the materials of the technical plan of the building. That is, if you already have a previously issued building permit, you simply contact cadastral engineers, they take measurements of your house on the site, develop a technical plan for the building and give you a set of documents, with which you can already apply to the MFC for registration registration of rights.
What other conclusion can be drawn from this? - after purchasing a plot for individual housing construction, start by obtaining a building permit! The permit is given for a period of 10 years, so during this time you will probably build a house. And if not, then its term can be extended; this is easier than getting a new one.
By the way, another question
When can you register a house under the dacha amnesty law?
Many are waiting for everything to be completely built, all communications, sewers, etc. installed. Contact cadastral engineers - now none of this is required, it is enough to put a roof on the house, windows, doors, and close the foundation. They don't look anymore. So don’t wait for the work to be completely completed, register the house in advance.
Will I need to pay real estate tax after registering the right to a house?
Yes, you will most likely have to pay taxes. That is why many people are in no hurry to register their real estate. But if you want to sell a house, having all the documents for both the land and the house will certainly help in sales.
In addition, the sooner you register ownership of the house, the sooner the period of those 5 years will expire, after which you do not need to pay 13% on sales.
How to register a house if it was built using maternal capital?
This is the most difficult question and can be solved in different ways, and different regional registration chambers may consider one or the other correct.
The main difficulty is that, according to maternal capital, the house must be registered as common property for all children and spouses. And it is not known how to do it correctly.
An attempt to immediately register the right to the whole family will lead to the following questions - a plot of land must first be divided among everyone, a technical plan and declaration must also be made for everyone. And about the building permit - won’t it be necessary to apply for all of them at once?
Probably the easiest way to do this is to first register the house for one person, the developer, for whom the building permit was issued. Then, after receiving an extract from the register on registration of the right to contact a notary and, together with him, prepare a set of documents for dividing the house between all family members. By the way, here it will be possible to carefully discuss the size of the shares, taking into account the size of the maternal capital in the total cadastral value of the house (i.e., in fact, it is not necessary to divide it equally among everyone).
According to our preliminary consultations with the notary (after we tried to do the entire registration at once, and the documents were returned to us from the registration chamber), this path seemed the most understandable and, in principle, not so expensive. At least, these costs are disproportionately less than the amount that the state provides for construction.
The question of implementation timing " dacha amnesty" worries many Russians. This is not the first time we have been frightened by the end of the grace period for registering ownership of land plots, but twice already terms of dacha amnesty extended and are still in effect today.
In this article, we decided to once again refresh our memory of all the information regarding the concept of a dacha amnesty, and also draw a conclusion about whether it is worth rushing to prepare property documents.
Dacha amnesty: who can apply?
Indisputable ownership of land and house is available to the following categories of citizens of the Russian Federation:- Owners of plots belonging to a garden partnership or cooperative. For example, if you have a gardening partnership membership book in your hands, but there are no documents on ownership, you can apply for registration of ownership rights in local authorities authorities.
- Citizens who have a document for land, but it does not indicate ownership of it. IN in this case dacha amnesty It is precisely intended for re-registration of documents in a simplified way.
However, it is worth noting that now the submission of documents according to the simplified scheme applies only to members of dacha and gardening partnerships.
What is the essence of the dacha amnesty?
So, what is such a concept as a dacha amnesty, and what gives citizens the right to carry out simplified registration of real estate.Dacha amnesty is a simpler procedure for registering real estate as a property throughout the country compared to the standard one. The basis for applying this procedure is the presence in the hands of the applicant of a legal document confirming his rights in relation to the object to be registered. At the same time, the dacha amnesty extends its effect to lands received before October 30, 2001.
Thanks to dacha amnesty, Having a long-issued legal document in your hands, you don’t have to worry about going through a lengthy procedure for re-registration of documents. The system of registration of rights that has been used in our country since 1998 is valid to this day, which means that a paper certified by the relevant authorities in compliance with all established requirements (we are even talking about a simple certificate from the BTI) is rightfully considered as a title-establishing and absolutely valid document . Having it in your hands, you have already solved one problem. Well, if you don’t have any documents at all regarding the property, but it definitely belongs to you, you need to send an application to the local authorities to provide an extract from the business book. If you can’t get it either, all you have to do is buy the property from the municipality at the market price.
The dacha amnesty has been extended until 2020. Do you need to hurry?
Quite a few real estate owners have not answered this question. And here it is important that no one forces them to draw up a new certificate if we are not talking about its planned alienation. But if a plot or house that has not passed the registration provided for by law needs to be sold or donated to someone, and there will be no entries in relation to it in the Unified State Register of Rights to Real Estate and transactions with it, then the specified transaction will have to be completed longer and with greater costs. difficulties. In this case, during the registration of rights to the land plot, it would be advisable to also formalize the transfer of ownership rights to the new owner. In this case, you will only need to pay the state duty for registering the alienation transaction. But operations of this kind are relevant mainly when making transactions between people who trust each other - relatives, friends. If the transaction is carried out between legal entities or unfamiliar citizens, in anticipation of its conclusion, the buyer party may request title documents in order to protect against fraud, which means you will need to have in advance documents confirming ownership of the object being sold.- Documents in relation to a land plot that do not contain specific indications of the right to own it;
- Acts, certificates giving an indefinite right of use, ownership, which is inherited for life;
- Acts on the right of perpetual use provided by the relevant services competent in this field;
- Extracts from the business book.
In order to have a clear understanding of the nuances of legislation for each position, it is recommended to carefully study the various articles of the law “On the implementation of the Land Code of the Russian Federation”.
A few questions about land surveying
As we have already noted, if there are title documents for a land plot, the owner may wish to register it, or may not do so. If, nevertheless, he is puzzled by registration issues, then the logical question is whether it is necessary to carry out land surveying in order to determine clear boundaries of the site. Previously, this requirement was enshrined in the law, but disappeared from it back in 2007. This was done for the convenience of citizens in order to save money and time.There is, however, a minus to this legislative “indulgence”. Thus, in case of refusal to carry out land surveying when registering a land plot, information about its parameters and boundaries, which are indicated in the cadastral passport, contains the wording “subject to clarification and indicative”. And given that the cadastral passport serves as almost the main document on the basis of which buyers make decisions about the transaction, not everyone is satisfied with the information it contains.
In addition, in case legal proceedings The area of land is difficult to prove. Therefore, it is recommended to carry out land surveying to avoid difficulties in the future.
The land surveying procedure itself, taking into account the innovations introduced into land legislation back in 2008, can take place in 2 ways. Either the owner of the plot independently obtains consent on the boundaries of the plot from neighbors, or sends a request to the cadastral chamber to provide the postal addresses of neighbors. To these addresses, the cadastral engineer must send notifications about the need to carry out the procedure for determining the boundaries of a specific land plot. The notice must indicate the date of the survey. If no objections have been received from neighbors since this notification, then the survey is carried out without their presence.
And finally, in the case when the postal notification was returned to the cadastral chamber with a note that it could not be delivered to the addressee, the cadastral engineer must ensure the publication of an announcement about the upcoming land survey in the media. The absence of any reaction from neighbors in this case does not serve as a basis for refusing to carry out the procedure.
What about gardening partnerships?
In the case of plots located in a gardening partnership, it applies to the owners of membership books of such partnerships. The procedure for registering property rights in this case takes place in stages. First, the land is privatized, for which documents such as:- statement;
- a certificate from the board of the partnership confirming the specified information regarding the site;
- done on your own, describing the location of the site, as well as its dimensions.
By 31.12.2020 free registration of plots within dacha amnesty applies to members of gardening partnerships and dacha cooperatives. In this case, the date of joining the cooperative can be anything.
Dacha amnesty for a house or plot: nuances of inheritance rights
According to the current civil law the transfer of inherited property is carried out within the framework of the law or on the basis of a will, if there is one. To enter into inheritance rights, you must accept the inheritance legally, i.e. when contacting a notary, or actually using the property.You can enter into inheritance rights after 6 months from the date of its opening. At this stage, registration of a house or plot using a simplified procedure becomes available with all the ensuing consequences.
In conclusion, I would like to note once again that the distribution of expiration dates dacha amnesty for land plots before 31.12.2020
year allows a large number citizens formalize their rights in relation to land plots and houses in the optimal time frame with a minimum package of documentation required for provision. Many Russians have already taken advantage of this right, but now those who delayed the paperwork or for some other reason did not complete it within the previously established deadlines have received a similar opportunity. As for the registration of individual residential buildings, here the dacha amnesty extends its effect until 03/01/2018. At the same time, registration of a house is possible even in the absence of permission to put it into operation.
By the way, keep in mind that unlike privatization dacha amnesty allows you to register rights in relation to an unlimited number of real estate objects.
