“Dacha amnesty” is a simplified legal mechanism for registering ownership of a number of land plots and residential real estate, introduced by Federal Law No. 93-FZ. As for housing (namely individual residential buildings), the validity of the dacha amnesty has been extended until 03/01/2018. This means that before this date it will be possible to register the right to a house, even if it does not have permission to put it into operation. When registering ownership of a house after this date, this document will have to be submitted to the registration authority.
In addition, there is another mechanism - free privatization of country, garden and vegetable lands, introduced by the same 93-FZ, but initially its deadline was not limited in the legislation. And so on June 23, 2014, the free privatization of plots was nevertheless limited - the dacha land amnesty will be valid until December 31, 2020. (For more details, see Special privatization rules for the owner of a summer cottage in a gardening partnership).
Dacha amnesty extends its effect to land plots that were received before October 30, 2001, that is, before the Land Code of the Russian Federation came into force.
Now we carefully look at the title document for the site and look for information about what right it is granted. If such information is not available, then general rule the plot is considered provided on the right of ownership, except for cases where the law provides that these plots cannot be owned by citizens.
If the plot is granted on the basis of the right of lifelong inheritable possession or permanent (indefinite) use, then it can be registered as property.
But here you should remember the restrictions: plots that are withdrawn from circulation or are in limited circulation cannot be registered as property rights.
But what if there are no documents for the plot at all? In this case, you must contact the authority local government and ask for an extract from the business ledger. It is this extract that will be the title document for your allotment. But if this book does not contain information about the plot, then you will have to buy the land at market value.
In practice, there are situations when land plots are owned by a gardening partnership. In this case, to register ownership rights, the citizen must contact the relevant local government body with an application.
The following must be attached to the application:
Description of the boundaries of the site (drawn up by the applicant);
decision of the board of the partnership that this site belongs to the applicant and the boundaries described by him are correct;
if none of the members of this partnership have previously applied for registration of ownership rights, then the body has the right to request from the partnership the constituent documents (in particular, a certificate from the Unified State Register of Legal Entities) and title documents for the site.
The period for consideration of the application should not exceed 14 days.
Let's figure out what the simplified procedure for registering ownership of residential premises is.
First, let's look at the rules for registering ownership of residential buildings that are objects of individual housing construction (IHC) and built on a site provided for individual housing construction or for running a personal subsidiary plot.
The Town Planning Code of the Russian Federation specifies that the “result” of individual housing construction must be separately standing house, no more than 3 floors high, intended for single-family residence.
In order to register ownership of a residential building - an individual housing construction project, which is located on a site intended for individual housing construction or running a personal subsidiary plot, a citizen must submit a corresponding application to the territorial body of Rosreestr at the location of the site.
The following documents are attached to the application:
A document confirming payment of the state duty (the state duty is 200 rubles. But if you additionally register a land plot, then add another 200 rubles);
applicant's passport;
power of attorney for a representative;
cadastral passport for the construction site;
title document for a land plot. It is provided only if the land plot is not registered in the manner prescribed by law. If information about the site is in the Unified State Register, then such a document is not attached to the application.
Until 03/01/2018, in order to register ownership of a residential building - an individual housing construction project, it is not necessary to submit a permit to put the house into operation.
An application with all necessary documents can be submitted personally by the applicant or his representative or sent by mail. The applicant or his representative can submit to Rosreestr in person or send by mail. When sending a package of documents by mail, the citizen’s signature on the application must be certified by a notary.
A different procedure applies if you plan to register ownership not of an individual housing construction project, but of an ordinary country house or garden house built on a plot of land intended for dacha farming or gardening. Construction on such plots does not even require obtaining a permit.
Consequently, in this case, the documents that will be needed for registration are a certificate of title to a land plot (of ownership, of the right of lifelong inheritable possession or of the right of permanent (perpetual) use) and a declaration for construction.
But if your land plot is already registered and information about it is contained in the Unified State Register, then you do not need to provide a certificate. However, if the certificate is an old one, then you should take the original with you when writing an application for registration.
The applicant fills out the declaration for the property independently. Its sample can be taken on the official website of Rosreestr or obtained from any territorial body of Rosreestr.
Moreover, the Rosreestr authorities do not check the information entered by the citizen in the declaration; no on-site inspection will be carried out.
The information specified in the title documents for the plot regarding the area of the allotment differs from what actually exists.
This is due to the fact that in the early 90s of the last century, plots were issued without appropriate measurements, one might say, “by eye.”
IN in this case We carry out land surveying. The legislator “allows” to increase the total area of the site. But! The increase can be no more than 1 value of the minimum allowable plot size for a specific category of land.
If the boundaries were not determined at all in the manner prescribed by law, then an increase is possible by no more than 10% of the area of the site, which is registered in the state real estate cadastre.
Remember: discrepancy between the actual area and the size of the plot indicated in the documents cannot serve as a basis for refusal to register property rights.
I. wants to purchase a plot of land from A. But the whole problem is that a new type of certificate of ownership has not been received for the land plot; there is only a document dating from the 90s. What should I do?
Firstly, in the old-style document we are looking for information about the right to which plot A was provided; If it's property rights, then everything is fine. If not, then we look to see if the site is in restricted use or if it has been withdrawn from circulation. If not, then it is considered that such plots are provided on the right of ownership. We've sorted out the document.
Secondly, A. will not be able to formalize a transaction for the alienation of a land plot if it is not registered in the manner prescribed by law and information about it is not entered into the Unified State Register.
Thus, the sequence of actions is as follows: first, A. registers ownership of the plot, then a purchase and sale agreement is concluded and the transfer of ownership to the new owner of the plot is registered.
The extension of the Dacha Amnesty Law is quite a good help for those who have not yet managed to register ownership of real estate.
In addition, unlike, for example, privatization, an unlimited number of objects can be registered under the dacha amnesty.
A minimum of documents, a single window for submitting applications and the speed of registration of property rights are the main advantages of the dacha amnesty, which are decisive when citizens choose this method of registration.
Dacha Amnesty Law 2018
Very soon the first of January will come, which means that such a process as the dacha amnesty will begin to take place differently. From now on, instead of a declaration, they will require, oddly enough, a technical plan. So let's find out more about the construction permit in the dacha amnesty from January 1, 2018.Some time ago, the dacha amnesty was extended until March 2018, but last year the simpler registration of buildings lost its force. As stated in the bill, which was adopted quite a long time ago, since the beginning of 2018, the main element for cadastral registration of real estate is not a declaration, as it was before. Now this element is the technical plan. However, the authorities remain of the opinion that such requirements will not complicate the cadastral registration procedure in any way, but, on the contrary, will significantly facilitate it. Experts also talk about complications.
The law on dacha amnesty from January 1, 2018 is not so simple. The whole problem is that all its advantages will not remain until March 2018. There will only be simpler registration of land plots. Fortunately, there is no need to carry out a land surveying procedure for this. You just need to present some document for the land and that’s it.
The process of presenting permits to use buildings when registering them can also be postponed until March.
As for the technical plan, there was no talk about it before. After some amendments came into force relatively recently state registration real estate, the amnesty itself acquired a completely different look and meaning.
In essence, these new rules should protect land owners from conflicts with their neighbors. However, if you look from one side, the recently adopted requirements for the preparation of a technical plan make registration more difficult for ordinary citizens. But on the other hand, the time frame for preparing documents will become much longer, and now there is no need to think about what documents are needed for the dacha amnesty from January 1, 2018, since their list will be significantly reduced.
There is another plus. The new legislation closes all possible loopholes for those who intend to deliberately provide incorrect information about land holdings. This, in turn, made it possible to pay significantly lower taxes.
It's no secret that some landowners deliberately underestimated the area of buildings in the declaration. Thus, large chunks of territory were not subject to taxation, since the tax itself was calculated according to the registered area of the land.
Also, recently, cases have become more frequent when the declaration indicated only the approximate area of buildings without indicating their exact coordinates. This led to a long history of conflicts with neighboring landowners.
The authorities do not deny that the amendments that have come into force and will soon come into force will add a considerable amount of difficulties to cadastral engineers, whose main task in this matter can be called preparing technical plans. A large wave of appeals from landowners is expected. It is important to choose the right specialist, because he is responsible for correct design all documents, since due to errors in technical terms, all the papers will have to be redone.
This is what the dacha amnesty looks like from January 1, 2018 in the Moscow region. It is also worth knowing that all cadastral engineers must be registered with any self-regulatory organization. It is these organizations that control the actions of engineers, and in case of unsatisfactory reviews they deal with them.
Registration of a house under the dacha amnesty in 2018
Dacha amnesty is a conditional and laconic name adopted to designate a simplified procedure for registering citizens’ property rights to certain real estate.These objects include land plots allocated for individual housing construction, household farming, as well as buildings located on them - residential buildings, outbuildings, garages.
That is, this procedure, established by Law No. 93-FZ, will help in a simplified manner to formalize rights to land and garden houses - the so-called dachas, cottages.
So, we found out what dacha amnesty means. How to decorate a house in gardening will be indicated below.
So, in order to register a house in gardening, you need to provide a package of documents to the registration authority; collecting it is currently a little complicated. It was necessary to start in January, but you still have time; the validity of this law has been extended until 2018.
Registration of a house under the dacha amnesty 2018 is carried out in the branches Federal service state registration, cadastre and cartography. You can also contact Multifunctional Centers, which now exist in almost every city.
The following papers are provided:
Citizen's passport;
declaration on the property, filled out by the applicant and containing data about the house (name and date of construction, number of floors, material, area);
technical plan filled out by certified specialists (this new item was introduced just in January);
title document for the land plot (certificate of ownership);
cadastral plan of the site (provided by the Cadastral Chamber);
cadastral passport of the house (issued there);
documentary evidence of payment of the established fee: state duties in the amount of 350 rubles (usually there are banks in the branches of the registrar where you can pay this amount without problems);
address certificate (resolution on assigning an address), issued by municipal authorities.
Documents are reviewed for 30 days, after which the house is registered and an extract from the real estate register is issued confirming the applicant’s right to the property. Let us remind you that the terms of the dacha amnesty for houses have been extended only until March 2018; whether there will be another extension is still unknown.
Declaration on dacha amnesty 2018
A declaration of real estate is a legal document that records the fact of the creation of an object on land.This document serves as the basis for carrying out registration actions in relation to the real estate specified in it. It must be completed by the copyright holder of the object personally and contain his original signature.
Order of the Ministry of Economic Development of the Russian Federation No. 447 establishes a standard declaration form that should be filled out when undergoing state registration.
According to the law, the declaration must be submitted to the registration authority in 2 copies, each of which contains the following information about the registered property:
Location of the building;
name of the building;
type of object;
number of above-ground and underground floors;
year of creation of the building;
area of the property;
building materials used to construct the external walls of the facility;
availability of connection of the building to the engineering support system;
cadastral number of the land zone on which the registered property is located;
information about the copyright holder.
The house needs an address by which it can be identified so that a citizen can register in it.
The address is assigned by municipal authorities. To do this, it is necessary to submit to the authorities the appropriate application and title documents for the land plot, as well as for the building located on it.
After 30 days, the applicant receives a formal address assignment order.
After receiving the resolution, the owner of the building must issue a cadastral passport for the house with a new address. A person receives a certificate of ownership after state registration of rights to a dwelling with a new address.
Registration can also be carried out in houses built on country and garden lands. To obtain registration in a country house or garden house, it must be converted to the status of a residential building. A building can be converted to the status of a residential building if it meets a number of mandatory legal requirements.
To transfer a structure to the status of a residential building, the following is required:
Applicant's passport;
application for transfer of premises to residential;
title documents for the construction project;
a plan of the premises being transferred, containing its detailed technical description;
project of reconstruction and redevelopment of the building.
State bodies make a decision to transfer a building to the status of an individual residential building on the basis of the documents provided within 45 days from the date of their provision.
The document on the transfer of the structure is issued to the applicant within 3 days from the time officials make such a decision.
To recognize a premises as a residential building, it must:
Have a fixed area;
have a cadastral number establishing its exact location on the territorial area of horticulture or truck farming;
have an address;
meet the requirements for habitability.
After the document recognizing the building as residential has been received, you can apply for registration at the dacha.
The suitability of a single-family home depends on many factors. In Part 2 of Art. 15 of the RF Housing Code states that a residential building is an isolated premises that can be used by a group of people for permanent residence, since it meets established technical and sanitary standards.
Decree of the Government of the Russian Federation No. 47 contains a detailed list of signs and criteria by which one can determine whether a building is classified as a residential building.
Who decides whether a house is recognized as residential?
The decision to recognize a building as residential is made by a specialized commission created by municipal authorities, whose actions can be appealed to judicial procedure.
The composition of the commission includes:
Representatives of the executive body;
representatives of the body exercising local housing supervision and control;
persons representing sanitary and epidemiological control authorities;
persons representing bodies working in the field of environmental, fire, industrial and other safety;
officials conducting inventory and registration of real estate;
persons representing bodies exercising control in the field of architecture and urban planning in the territory within which the building in question is located;
experts from design and survey organizations with appropriate licenses.
The criteria that a house must meet in order for members of the commission to recognize it as a residential premises are:
1. The presence of serviceable enclosing and load-bearing structures in the form of walls, racks, insulation and frames, which fully ensure the reliability and safety of the house.
2. The arrangement of the house should not create the likelihood of harm to the health of residents located inside or near the building.
3. Availability of the possibility of locating and moving parts of engineering structures, that is, sewerage systems, water supply, ventilation, heating, gas supply, electricity supply.
4. Availability of devices that ensure uninterrupted drainage, installed in accordance with the requirements of safety rules enshrined in the law.
5. Protection against penetration of melt, rain and groundwater into the house.
6. Permissible level of sound pressure, infrasound, electromagnetic radiation and vibration in the room.
7. Permitted level of concentration of substances harmful to the human body and the environment in the air of a residential building.
The main reason for declaring a building unsuitable is the presence of harmful factors that do not allow human habitation in it.
Such conditions can endanger the life and health of residents due to:
Physical wear and tear of structures or their individual elements, which leads to a deterioration in their stability and strength;
deterioration of microclimate indicators with violation of epidemiological and hygiene requirements;
being in the zone of man-made accidents;
deformations as a result of accidents, explosions, earthquakes, uneven soil subsidence and fires.
An expert assessment of the suitability of a home is carried out after a direct inspection of the premises and the collection of additional construction and engineering documentation related to the arrangement of the house.
Based on the results of the inspection, a report of the same name is drawn up, which is presented to the members of the commission for consideration.
Officials included in the created commission review the act and related documentation for 1 month, after which a decision is made to recognize the house as suitable or unsuitable.
The commission may also appoint measures to further examine the premises and conduct the necessary tests to confirm its safety. A house that the commission found unsuitable will be called unsafe or subject to reconstruction.
Among the obvious positive aspects The following aspects of the dacha amnesty can be noted:
1. Low cost of the process, which will require only a small contribution from the applicant in the form of a state fee for the service of registering the right.
2. The opportunity to carry out the privatization of a residential building that is the object of individual housing construction (IHC) and built on a site allocated for individual housing construction or running a personal subsidiary plot, without requesting a construction permit from the supervisory authorities.
3. Rapid legalization of constructed real estate objects, which after privatization become an integral part of the applicant’s property. After registration of ownership rights, a person will be able to carry out any legal transactions, including selling, donating, inheriting.
4. If the territory was provided to a person for farming, but he does not have documents confirming the right to the land, he can provide an extract from the household register. If necessary, data from household books can be requested from the city administration.
5. In cases where the document for a plot owned by a person does not specify the type of rights on the basis of which the land is provided, such a plot is considered to be provided on the basis of ownership.
The most problematic aspects of privatization under the simplified system:
Land owners often have difficulties in proving their rights to a building; they are forced to contact various authorities to obtain relevant extracts and certificates.
Often the process of recognizing housing as suitable for habitation is delayed. If the commission’s decision is unsatisfactory, citizens are forced to go to court, which significantly lengthens the process of obtaining registration in the relevant residential building.
Incorrect data indicated in the cadastral documentation for a land plot may serve as an obstacle to registration of rights to other objects located on the land.
Thus, although government bodies actively promote privatization within the framework of the dacha amnesty, noting the simplicity and cheapness of this method, citizens, when exercising their rights, are faced with a number of practical difficulties that impede the registration of ownership of a residential building.
Dacha amnesty - the procedure for registering this procedure is established in Law No. 93-FZ. The dacha amnesty makes it possible to register ownership of buildings located on privatized land plots with the submission of only a title document until March 1, 2018. After this date, it will be necessary to put construction projects into operation, and if the house is not completed, then obtain official permission for its construction.
Registration of a plot of land under the dacha amnesty in 2018
The issue of legalizing the right to own a house or land is a responsible matter, because we are talking about your property, which, you see, you don’t want to lose at all. To realize property rights in Russia, a dacha amnesty mechanism was launched, which was planned to be completed within one year. However, not all residents of the country managed to take advantage of the right to “amnesty” of country houses and land plots, which led to the extension of the initiative.Not long ago, the authorities said that it would be possible to exercise the right to amnesty until the end of 2017, but today new information has been published in official sources: the preferential registration period has been extended until March 1, 2018! Let's figure out what the dacha amnesty mechanism is and how you can legitimize a house or land.
The government claims that for owners of land plots and houses, the dacha amnesty mechanism is an excellent opportunity to become the full owner of real estate. It certainly sounds attractive. But why do so many owners not seek to legalize their property rights, and the time frame for the initiative is constantly increasing?
The fact is that the main goal of the program for the authorities is to de-shadow the real estate market. If you officially own a house, you are forced to pay taxes, which will have a positive impact on filling the federal budget. Tax rates are not at all low, so a significant number of Russians are still wondering whether it is worth resorting to the possibilities of the dacha amnesty mechanism. In addition, the authorities’ goal is to streamline the real estate market, as well as solve the problem of land squatting.
The second problem is that it is not always possible to prove your right to real estate, but we will talk about this later. By the way, according to the current legislation of the Russian Federation, all objects classified as real estate must be taken into account and entered into two federal databases at once - the cadastre and the register of real estate rights.
The information in these databases is public, because during purchase and sale transactions, the buyer wants to make sure that he is dealing with the owner of the property and not a swindler. Before the introduction of the dacha amnesty, it was not easy to enter a plot of land into the register - not only did it require collecting a ton of all kinds of papers, which took a huge amount of time (we all know how government agencies work and how long the queue to the offices is), but also and a considerable sum of money had to be paid.
To make life easier for owners of plots and houses, a mechanism for dacha amnesty was developed. Registration can be carried out with only a document of ownership or a cadastral extract. The land owner himself takes measurements of the site, fills out declarations and submits them to the federal register, bypassing intermediary organizations and queues.
As a result, the dacha amnesty can be briefly described as a mechanism that simplified the procedure for registering and formalizing property rights to land and residential buildings. Its main difference from the privatization mechanism is that any number of objects can be “amnestied”. We also note that not all categories of property owners can apply for amnesty, but only those who received a plot before October 30, 2001, the date when the Land Code of the Russian Federation came into force.
News sources confirm that the amendments and changes made to the Code have significantly simplified the procedure for legitimizing land plots received in a gardening or vegetable partnership. Now you can exercise your right to register free of charge. The main requirement is to include the plots in the declaration.
By the way, the time frame within which it is possible to carry out the procedure for registering real estate in the form of a dacha, garden or vegetable plot for cooperative farms has also been subject to restrictions. If previously this opportunity was unlimited, now free privatization will take place only until December 30, 2020. All owners of private residential buildings, as already mentioned, need to make it before March next year.
The main positive aspect of the dacha amnesty is that now you can register your home, even if it has not been put into operation. If you don’t make it before the end of the amnesty, you will have to provide permission to enter the registration authorities, which threatens additional problems. For example, a building will have to be legalized through the courts.
As already mentioned, you can use the right to simplified registration in two cases, one of which is the registration of a plot of land received before October 30, 2001.
In this case, several situations may occur:
1. You are the owner of the land. How to install it? Examine the title documents for the land to find out under what title it was granted. If there is no direct indication of this information in the document, it is considered that the land is given by right of ownership. You can also register land that was obtained as a result of the exercise of inheritance rights or perpetual use. We should immediately remind you of the exceptions: if the site has been withdrawn from circulation or is subject to the procedure for limited circulation, it will not be possible to register it;
2. If you do not have the documents establishing ownership of the plot, contact the local government authorities with a request to issue an extract from the business book. However, if there is no information about the plot there, you will have to buy it back at the market price;
3. The land belongs to the gardening partnership. To receive the treasured document, you will need to submit an application to the appropriate body that manages this association of shareholders.
The following package of papers must be submitted to the Rosreestr body territorially related to the location of the land:
A receipt confirming the fact of payment of the state fee;
description of the boundaries of the land plot;
a passport or a notarized power of attorney if your interests will be represented by another person;
cadastral documents for the plot, if it is not included in the federal register.
Residential buildings can also be registered using a simplified scheme. It’s worth immediately focusing on one feature: the Town Planning Code contains information that the house must be intended for one family and have no more than three levels of floors. By the way, it is for this reason that citizens who own mini-hotels and boarding houses will not be able to use the simplified registration procedure.
The “amnesty” procedure presupposes the presence of:
Application addressed to the authorities of the territorial Rosreestr;
a receipt indicating that you have paid the state duty, and it is paid separately for the site;
the applicant's identity card (passport);
a notarized power of attorney issued to the representative, if he is the one who will be involved in the registration procedure;
cadastral passport of the object;
a document that establishes ownership of the land (this must be submitted if the land is not registered).
You can submit documents either in person or using the postal service, but in the latter case, your signature must be registered by a notary. If you want to amnesty an ordinary garden house, you need to send a certificate certifying ownership of the plot and a declaration for the building to the registration authorities.
Sometimes the procedure for registering plots and houses is not as simple as the above procedure suggests. The first of the problems that often arise in practice is the discrepancy in the information specified in the title documents with the actual size of the allotment. Russians who received land in the early 90s, when all measurements were made “by eye,” especially often encounter such difficulties. It is possible to solve the problem, but to do this you need to resort to a land surveying procedure, which is not cheap.
If the measurement data differs significantly, then your plot will only be increased by an amount not exceeding 1 minimum area unit established for land of this type. If there is no way at all to establish boundaries legally, you may be allowed to add another piece of land, but not exceeding 10% of the area of the site, based on state cadastre data, and you will agree that you don’t want to part with the usual footage in the direction of reducing it.
The second problem is the loss of data on the transfer of allotments, which again often happened in the 90s. If you do not have a single document certifying ownership, you will have to contact specialists from local governments to obtain a certificate, a deed of ownership of the plot, or at least an extract from the business ledger. The third problem is the lack of information about the transfer of land to your ownership. Then you will have to purchase the plot based on its market valuation.
All this has led to a situation where Russian citizens are in no hurry to exercise their rights to “amnesty” real estate. On the other hand, it is worth warning you about possible consequences lack of registration in the state register: such land or house cannot be sold, insured, or left as an inheritance to children and grandchildren. In addition, if the government of a country or region suddenly decides that it is necessary to build a new road or plant, you will lose property without the right to compensation.
In Russia, this term refers to changes in Art. 93 Federal Law of the Russian Federation dated June 10, 2006. The essence of the project is the free registration of land plots and real estate properties using a simplified procedure. This option is available to shareholders who received a plot before October 30, 2001. A project called “dacha amnesty” protects the interests of the civilian population, allows you to obtain free ownership of land and buildings, as well as solve related problems. The article examines the intricacies of the preferential procedure and provides recommendations for the proper execution of documents.
The State Duma's permission for state privatization applies to the following categories of real estate:
- For land received for individual housing construction, small buildings such as garden houses, garages, sheds, gazebos. The buildings can be located anywhere: in Sochi, Gelendzhik and Crimea. For ancillary buildings built in accordance with clause 17 of article 51 Russian legislation, no permit required.
- To dachas that are on the lists of dacha and gardening societies and cooperatives;
- For plots that are in perpetual use.
During the registration process, there are often so-called “pitfalls” that do not allow the registration of individual real estate, which is located:
- in the park area,
- in the nature reserve,
- on the territory of security forces,
- on the lands of cultural objects.
Reviews on the website and in the newspaper indicate the difficulties that are traditional companions when making positive decisions. Often in response to main question a person most often receives a bureaucratic text or template.
Dacha amnesty extended until 2018, entry into force of the law
The most powerful project in the field of privatization started on March 1, 2015. The legislative article of the Russian Federation stipulates different deadlines validity of the grace period, in particular for residential real estate built in accordance with Article 51. Clause 5 of the Civil Code, the legislation is in force until February 28, 2018. The procedure for free registration of the act applies to gardening, summer cottages, individual and garage construction and objects located on them. That is, after the decision came into force on March 1, the procedure for obtaining title documents was significantly simplified.
Dacha amnesty after March 1, 2016 latest news
Many users are interested in the question of when the “dacha amnesty” will end and for whom the period has been extended until 2020. Recent publications in the media confirm that members of a vegetable, horticultural, dacha cooperative or partnership, taking advantage of amendments to the law on the Land Code (dated March 1, 2015), have the opportunity to register land plots for free until the end of December 2020. The remaining owners can take advantage of the extension of the deadline and legalize objects under a simplified scheme, which works until March 1, 2018. Last news You can read about this on the pages of the ABC of Law electronic magazine. Citizens receive information about the deadlines for renewing real estate registration in the Moscow region, in a number of southern regions, for example, in Sevastopol, Kemerovo and other localities.
Law on dacha amnesty 93 Federal Law, and amendments
The latest version of Federal Law No. 93 includes amendments and spells out a simplified scheme for free registration of land plots and buildings. Preferential registration is available to members of DNT, SNT and some other categories of persons.
On the official portal of Rosreestr, available at the link: step-by-step instruction, sample for declaration and form. The law itself can be downloaded
To carry out the legal procedure, you must submit a package of required documents, a list of which and a sample for filling them out are on the State Register website. Practice has shown that a decision is made within 5 days, and registration information is entered into the State Property Committee and the Unified State Register.
The attractiveness of the amnesty lies in the fact that land can be registered without land surveying. But in order to register the extension, you need to submit a technical passport to the registration authority. If information about the object is not in the State Tax Committee, then this can be regarded as squatting. Many owners order a package of documents through Gosuslugi, since Rosreestr has some concessions, in particular:
- assistance is available to legalize unauthorized reconstruction,
- consultations are provided on solving problems with self-capture, etc.
In the near future, a new package of changes is being prepared for consideration by the Duma, which will be introduced into the articles of the Housing and Land Code.
Dacha amnesty: increasing the area of land
Law of the Russian Federation No. 171-FZ, dated June 23, 2014, allows for the increase of land plots at the expense of adjacent territories that are municipal or state owned. The area can be expanded by clarifying boundaries, land surveying, or by redistributing plots. This is possible provided that the neighboring plot is assigned the same category, and the size of the total area does not exceed the maximum established in the Land Code.
List of lands not subject to privatization:
- general purpose areas,
- roads, communications,
- areas under the auspices of a neighboring territorial district,
- lands put up for auction
- plots intended for government needs.
Possible applicants for free registration include owners of vegetable gardens, garden plots and summer cottages, as well as persons engaged in individual residential construction. If the land belongs to a private person, then it can only be purchased.
The expansion of the allotment is complex procedure, which requires the preparation of documents, surveyors visiting the site, drawing up a boundary plan and obtaining a cadastral passport for the land, issued by the Registration Chamber of Rosreestr after approval of the plan by the Cadastral Chamber. The verdict is rendered within 30 days.
How to register a house under the dacha amnesty
Step-by-step instruction:
1. At the first stage, owners of plots and buildings need to obtain land rights. This is the ABC, without which further steps are meaningless.
2. Each property is registered separately. A house requires confirmation of its creation and characteristics. In the case of unfinished construction, the applicant is required to provide permission to carry out the work provided for in Article 25.3, clause 5 (No. 122. Federal Law). This requirement does not apply to the reconstruction of a house. The registration period will continue for a long time, which means that everything can be done in time.
3. Buildings must comply with urban planning standards, and the land plot must have a land survey plan, otherwise the owner’s actions will be declared unauthorized. Information in graphical and text form is reflected in the cadastral plan, shown in the photo, which can be enlarged. To enter all the data, you must have a plan for marking the boundaries of the plot. If for some reason there is no certificate for the land, then you need to contact the authorities for its cadastral registration.
The dacha amnesty allows you to transfer a garden house to the category of residential premises, while the declaration is filled out by the owner independently. If you need advice, lawyers practicing in the Moscow region will give you comprehensive explanations. They take all calls and provide the opportunity to find out the answers to any question.
A separate mechanism for registering property will work for SNT (horticultural independent partnership). In gardening, benefits will be valid until December 31, 2020. Persons interested in obtaining an extract in Sevastopol, as well as placing or adding objects to the gardening list, should clarify the algorithm of actions.
To speed up the privatization procedure and reduce the amount of unnecessary expenses, it is best to contact a consultant who will direct the full force of his experience to the right direction. If previously a bunch of certificates and extracts were required, today you only need three documents: a cadastral plan, the fact of receiving the plot and a receipt for payment of the state duty.
How to register ownership of a land plot under the dacha amnesty
Registration of land rights is the prerogative of territorial authorities. The following documents must be submitted to the Federal Registration Service:
- application for state registration,
- receipt
- passport,
- a notarized power of attorney issued to the owner’s representative;
- title document for land, for example, a deed drawn up by an authorized body or local government;
- extract from the business book,
- any other certificate confirming the right to the plot.
The cadastral plan can be obtained from the cadastral office free of charge. It is issued after 10 working days from the date of application. Sometimes surveying may be required, which is carried out for a fee under an agreement with a special land management agency. The term for fulfilling the agreement often drags on for up to six months. However, if there is an incomplete cadastral plan, registration of the plot is possible on the basis of Law No. 268-FZ (dated November 23, 2007).
Declaration of real estate property under the dacha amnesty,
The declaration is the most important document required for registering real estate built on land. Without it, the owner is deprived of the right to dispose of the property, including its sale or exchange. Without legal registration, the object may be demolished. The document, which is submitted to Rosreestr, is filled out personally in 2 copies. To avoid mistakes, it is recommended to use the sample and explanations.
The form contains information: place of construction of the object, name, graphic image, year of completion, number of floors, information about the owner, availability of communications, cadastral number of the plot. The text is filled in with a pen with blue or black ink, without using abbreviations or abbreviations. At the same time, only one character can be entered in a single cell, and a space should be left between words. If there is no information, a dash is placed, and suitable options in the mandatory section are indicated by a check mark. If inaccurate information, defects, errors or erasures are found, the declaration is rejected. If all the points are filled out correctly, then after 30 days the building is assigned an official address, which allows you to proceed to the registration of a cadastral passport for the object.
Dacha amnesty in Crimea, when will it work?
On February 17, 2015, the Parliament of Crimea approved the bill on registration of rights to unauthorized buildings in the first and second readings. Residents of the peninsula only need to provide a technical passport for the object and a deed of ownership of the site in order to become the owner of the house. The construction project and the site must be entered into the cadastral register. The possibility of registering cooperatives, gardening and dacha plots will become possible after the draft law is approved by the Ministry of Economic Development of the Russian Federation.
Legal consultation:
For transactions between close people, federal law provides tax benefits. For example, when receiving an apartment from a donor, no tax is charged - it’s free. If the house was received from a close relative as a result of a sale or purchase or under a rental agreement, then tax will have to be paid. Every deal has its downsides. The best and lowest-cost method is considered to be a will, which consists of notary costs and payment for government services. When selling, you will need to take an archival extract or, due to the statute of limitations, and update the house register. When donating and purchasing, property rights are transferred immediately, and cash payments are made instantly, but with a will and annuity, the decision must wait several months; to whom, if there are other applicants for a house or car, you can be left with nothing.
Ownership rights are transferred upon full payment of the entire amount of the debt to the developer or upon transfer of the debt to a new applicant. At the same time, an agreement is drawn up indicating how much it costs. The form for drawing up an agreement for the transfer of a share is prescribed in writing and registered with the Federal Registration Service. When concluding an agreement in shared construction, inquire about the conditions for the return of funds in the event of bankruptcy. With shared participation, the apartment becomes the property after completion of construction.
Before you make a commitment, do not rush to sign; find out when the payment of operating and utility bills is due. The main provision is regulated by Federal Law No. 214, prescribed in different editions. In addition, the contract stipulates guarantees for equipment in the DDU from the developer. And if it happens that the developer changes the deadlines, then these actions will be considered illegal, so it is better to study your rights before the completion of the work.
Purchasing a house under a simplified scheme for individual housing construction or private household plots is valid only until March 1, 2018. Those who want to purchase housing can order a certificate about the list of residents registered in the area or who have entered into a rental agreement. The extended certificate is an extract from the Unified State Register and allows you to make an objective assessment. If the husband does not agree, the transaction may be declared illegal in court.
If low-quality equipment is detected in the house, the owner has the right to change the product or monetary compensation according to clause of the agreement. Having the keys to a house does not give you the right to land and an apartment in a new building.
It is a mistake to think that when the process of building a house ends, there are no more problems. It is necessary to fill out and order Required documents to obtain a certificate of ownership (can be done online), pay a fee and check accounts approved by Sberbank. Before you sign the lease, it is recommended to see what the apartment property looks like, whether there are playgrounds for children, whether landscaping work has been missed, and read the comments. For simple and untimely commissioning, the company, as a guarantor, may be held liable. A lawyer will tell you how to do this in a particular case, if the developer has handed over the house.
The problem of how to competently formalize the act of transfer or acceptance of a house, apartment, any residential premises, site, land plot or vehicle under a deed of gift, under a purchase and sale agreement, during a divorce, or inherited under a will or without, never loses its relevance. Increased risks of contract execution are observed in many regions of the Russian Federation, especially in Moscow, Krasnodar, Gelendzhik, and Sochi. For individuals For those registering material assets for the first time, it is difficult to make an objective assessment of real estate and calculate the real value.
The period of preferential registration of suburban buildings was already coming to an end when new amendments were adopted. Now the dacha amnesty has been extended until 2020. What needs to be done if you are the owner of an unregistered dacha or country house and don't want any future litigation?
Latest news on dacha amnesty
In February 2018, the bill allowing the registration of certain types of real estate under a simplified system was extended. Now owners of individual housing construction objects are allowed to undergo the procedure before 03/01/2020
What is a dacha amnesty?
First, let’s understand the concept of “dacha amnesty”: what it is and who needs it. A similar name was given to a law adopted back in 2006. It allows you to register property that you already use as your property under a simplified system: the latter includes land plots and buildings or residential buildings built on them. At the right approach
The law on dacha amnesty (Federal Law No. 93) will save you from problems when making transactions.
Thanks to the Federal Law, owners have already registered more than 3.5 million rights to houses; the total number of registrations exceeded 10.5 million. Due to the demand for the procedure, the question arose about extending the law.
Also, a project was submitted to the State Duma, according to which the privatization process would be made easier for country houses. He assumed that there would be no need to obtain permission for construction and commissioning: it would only be necessary to notify local authorities that construction was completed. But, although the bill was approved in the 1st reading, it was not received by the required deadline for the 2nd reading.
You can learn more about how the amnesty was extended until 2020 from the video:
How the clauses in the Federal Law on dacha amnesty changed
At the same time, since 2006, amendments have been made to the Federal Law, and some of the original clauses have lost force. In 2017, the following requirements came into force:
- When registering, you must register the building with the cadastral register.
- To design residential buildings, a technical plan is required.
- Is the right to land recorded in the Unified State Register of Real Estate? You will not need a title document. In other cases it is presented.
Since 2017, in order to register a summer house or garden house, it is required to provide a technical plan. It is compiled by a cadastral engineer; no building permit will be required.
When creating a technical plan, information is drawn from the declaration submitted by the owner. The cadastral engineer must have permission from the SRO to draw up a technical plan. If necessary, check its availability on the Rosreestr website.
The 2018 edition implies the following:
- Permits for commissioning are not required.
- To complete the procedure, you will need a technical plan and a document certifying the right to own the land.
- It is stipulated that regions are allowed to set a maximum cost for services for drawing up technical plans. This means that you don’t have to worry about overpricing: the upper limit will be limited. True, during the discussion the deputies noted that the engineers demand additional payment “in an envelope.”
How much do cadastral works cost?
After the cancellation of the dacha amnesty did not take place once again, regions were allowed to set upper limits on prices for cadastral work. True, this only applies to land plots. Now the level of expenses depends on the area:
- For the Moscow region, the maximum price limit for cadastral work is 7 thousand ₽. The calculation is made according to the principle 450 ₽ per sq. m., but this is the upper limit (you may find it cheaper).
- If the object is located in the Leningrad region, then a calculation scheme works that takes into account a number of factors. These include the base cost of the service, the regional coefficient, determined by proximity to the regional center, and an adjustment for the deflator coefficient.
As for the duration of the work, it does not take more than a week.
Who is eligible for the extended dacha amnesty?
Legalization will be made by owners of plots that were received before the end of October 2001. The opportunity to collect documents and go through the procedure not on a general basis is needed by owners of private houses, garages, and suburban areas. While cottage owners immediately worry about legalization, those who received land from their parents and built a house on it do not register: without a dacha amnesty, the procedure was long and expensive. As a result, you have a building, but no documents.
Another situation is also possible: the parents lived in a private house outside the city and improved it. Did they decide to sell their property and move in with their children because of their age? Problems will arise, because 30-40 years ago property rights were not registered. And without documents, it’s difficult to even resolve a dispute with a neighbor if he has erected a fence and seized part of your land. In addition, taxes are not assessed without registration: if you pay on time, the amount is small, but later fines will hit your pocket.
A simplified procedure will prevent these problems. Under the dacha amnesty, the following objects are allowed to be registered:
- land plots for individual housing construction and houses built on them, and they can be located both in the city and in towns or villages;
- garage construction;
- subsidiary farm;
- small buildings and outbuildings such as bathhouses, sheds, garden houses.
There is an opportunity to legitimize summer cottages in garden partnerships or cooperatives along with the buildings located on them.
Why register under the dacha amnesty: all the pros and cons
If you legitimize an object, you will note the following advantages:
- thanks to the simplified scheme, difficulties are minimized;
- After the procedure, you will be able to manage objects and make transactions;
- In the future, there will be no difficulties when entering into an inheritance.
True, you will have to pay taxes, but evasion will not help you save.
There are practically no disadvantages to the legal registration of objects. Thanks to the dacha amnesty, you will register your property rights, because illegal buildings will eventually come to the attention of Rosreestr. Without the necessary documents, plots can be considered as squatters, and buildings - as self-construction.
Should we rush: new terms for dacha amnesty
After the extension of the dacha amnesty, questions arose about when property owners can apply to legalize their property. The law provides for the following deadlines:
- if you have a plot that is part of a dacha or gardening partnership, then you have been given time until December 31, 2020;
- for those who received land for personal use before the Land Code came into force ( October 30, 2001), no restrictions;
- owners of private houses must be in time before 03/01/2020.
First, make sure you have proof of ownership. In some cases, owners are worried that they have old paper. But, if it is certified by the appropriate local government authorities, there will be no difficulties.
What to do if you don't have the paper you need? The following methods are at your disposal:
- Take an extract from the business ledger. To obtain, contact your local government.
- Buy the plot.
What does this mean for owners? The bottom line is this: owners of objects who have old-style papers receive guarantees of successful completion of the procedure. The legal force of documents issued earlier is not lost.
Is it worth replacing the old certificate with a new one?
If you receive a new certificate, it will contain more detailed information. But this does not mean that old documents become invalid.
Old-style certificates are suitable for registering a plot of land under the dacha amnestyIt is important that since 2016, certificates are no longer issued: instead, you will receive an extract from the Unified State Register of Real Estate. If you are not sure that the objects are registered, order the required document.
If the land is not registered, it will be difficult to sell it. But the problem can be solved: for example, a double procedure is available, and during the registration of rights to an object, you will also register their transfer to the next owner.
Is it necessary to do land surveying in order to fall under the dacha amnesty?
The need to survey the site was stipulated in the original version of the law. But this obligation was abolished back in 2007, which simplified the procedure.
True, the consequences may be unpleasant: if the boundaries are not clearly defined, they will need to be clarified when selling or donating. If controversial situations arise, the discussion will also discuss approximate boundaries. As a result, although land surveying is not a mandatory procedure, owners do it in advance if the documents do not contain certain instructions.
Land surveying carried out in the following order:
- Contact a specialized organization or directly a cadastral engineer. Prepare a package of documents: passport and copies, a document confirming ownership of the property. If you are not the owner, you will also need a power of attorney; in some cases additional information is required.
- Neighbors' consent will be required. If you cannot contact them (for example, they do not come to the dacha), you will not have to look for their addresses thanks to changes in legislation from 2008. The issue will be resolved by the employees performing cadastral work. They will send a request to Rosnedvizhimost and receive the addresses of their neighbors. If information is missing, land managers submit an advertisement in the local newspaper. It is their responsibility to compose it and coordinate publication with the editors. You only have to pay to place the ad.
- After the work is completed, wait for the production of the boundary plan, and the form (paper or electronic) will be discussed at the stage of concluding the contract.
- If the boundaries have changed, you will have to submit the document to the Land Resources Committee for approval. After that, it is registered in the cadastral register and changes are made to Rosreestr.
Keep in mind that the procedure takes more than one day. Based on the results, the engineer will prepare papers on the basis of which the site can be registered in the cadastral register. But difficulties arise in the process, and you have to spend time overcoming them. If you intend to sell the plot, then having to wait will discourage the other party.
Important information:
with a discount it will be 30% lower. ...Passport prices for 5 or 10 years are determined not only based on geographic features and type of certificate, but also on the age of the future document holder. If the old-style passport...
How to register a house under the dacha amnesty
According to the law, you can apply using a simplified system residential buildings individual housing construction. The criteria include a building no higher than 3 floors, suitable for living by 1 family; however, it must be free-standing. The building may be located on a site provided for the following purposes:
- individual residential construction;
- farming.
To start the procedure, contact the Rosreestr office; You can check its location by following the link. Also collect the following documents:
- a declaration that you will fill out in advance;
- title document;
- technical plan.
Don't forget to take your passport and copies along with SNILS. You need to write a statement that you want to register ownership and pay the state fee. The official period for providing the service is 10-12 working days.
Since 2017, owners of land plots also provide a technical plan; it is compiled by a cadastral engineer.
Submit documents in person at the branch or send by mail. In the latter case, the notary must first verify your signature.
Dacha amnesty: how to register a house in SNT
Property owners are also wondering how to register a house in SNT. It is important that during construction in SNT, only residential buildings can be erected, and not houses. The differences are as follows:
- You can live in a residential building seasonally;
- registration in this case is not provided;
- Carrying out gardening work on the site is a prerequisite.
How to register a country house under the country amnesty? Follow the procedure:
- Decide if there are any problems with your garden plot: if they are demarcated, then there will be no problems.
- The next step is to contact the cadastral bureau or an engineer, and surveyors will go to the site. After filming and internal measurements carried out by employees, you will sign a declaration about the property.
- The cadastral engineer will issue a ready-made technical plan, both in paper and electronic form.
- After this, collect a package that will include the listed documents, a copy of the applicant’s passport, a disk with the plan and a receipt for payment of the state fee. They must be transferred to Rosreestr; as in the previous case, this can be done in person or by mail.
Your home will be fully decorated in 10-12 business days.
What is SNT? The abbreviation stands for “garden non-profit partnership.”
Sample documents
Is a building permit required?
According to the provisions of the dacha amnesty, it will not be necessary to provide a building permit document. This even applies to residential buildings, although not all are covered by the laws. Please check with Rosreestr for details of specific cases.
As for non-residential buildings, garages, sheds, to register them, fill out a declaration and provide the necessary information. Then attach documents confirming ownership of the plot and an application.
In what cases is such a procedure necessary? Let's say you received a plot of land from your parents on which there is a 2-story residential building without communications. The building, erected 25 years ago, has not been formalized. But it represents a piece of real estate that you will want to sell, give as a gift, or leave as an inheritance. Therefore, it is advisable to obtain official rights while the simplified scheme allows this.
Services are provided on a paid basis - 350 ₽ per object (state duty).
How to register a land plot according to the current scheme
On non-specialized websites they claim that privatizing a plot of land under a dacha amnesty will not be difficult. Indeed, you will need the following documents:
- statement;
- applicant's passport and copies, SNILS;
- title document.
Formally, the old-style certificates of ownership continue to be valid. But in practice, it may turn out that instead of an official document there is only an old paper on which 50 years ago the chairman of the village council made a handwritten note about the allocation of a plot to your grandfather. Take any document you have and go to Rosreestr: they will give you advice.
List of papers for the procedure What to do if there is not even an extract from the household ledger or paper with a handwritten note? This does not mean that you will not be able to take advantage of the dacha amnesty. Go to the local administration: they must advise you who to contact.
After submitting the documents, you will be given a certificate of ownership, and it will be issued even if relatives received the land for use.
How easy is it to register real estate under the dacha amnesty?
Although amnesty seems tempting, practice shows that some cases baffle even experienced officials. Often you have to order technical plans, which leads to additional costs. If you have a residential building that is occupied by 2 families, then it does not fall under the dacha amnesty at all. Problems also arise with land surveying if a conflicting neighbor turns out to be against it.
What to do in such cases? You can get a consultation at the boundary center. Employees deal with practical nuances every day, so at a minimum they will help you get your bearings.
How to register a dacha under the dacha amnesty: a real story
05/03/2018 Elena
Relatively recently, I decided that my family needed a dacha. My husband and I consulted and bought a plot in the Moscow region. We built a house on it where we live during the warm season. But they didn’t take care of the documents in time - they hoped for a Russian “maybe.” But the further it went, the more worried I became.
After a long search on the Internet, I finally found the instructions and was delighted. It turns out that thanks to the dacha amnesty, you need a minimum of paperwork:
- certificate of land ownership;
- passport and its copies;
- SNILS;
- technical plan
I didn’t have the latter on hand, so I went to a company doing cadastral work. I was not pleased with the price - 8 thousand ₽. Luckily, we don't have a barn that would have to be registered either. After all, then the cost of the service would double! I was worried that the outdoor toilet and outdoor shower would need to be decorated separately, but they reassured me. These structures do not constitute real estate.
Then I wrote a statement that I wanted to register the rights to real estate. I submitted it at the Multifunctional Center: you can send documents for the dacha amnesty using the Internet, but I prefer traditional ways. As a result, I paid the fee, handed over the package and received the certificate 2 weeks later. Now I am calm!
Conclusion
Thanks to the extension of the dacha amnesty, you will register your property rights without unnecessary documents. The procedure will help those who have not registered real estate on a general basis. Since it is valid until 2020, you will collect missing documents and prevent problems. Although it is not necessary to register real estate under the dacha amnesty, it is advisable to go through the procedure.
Questions about the dacha amnesty cause a lot of confusion among the population, since not all citizens clearly understand what exactly is hidden under this concept. After the adoption of the latest changes in land and property legislation, the government clearly defined the deadlines for the simplified registration of citizens' property.
general information
Because the prerequisite for a dacha amnesty is a document of title, then the legislation allows the use of any documents on the basis of which the user uses the land. Not only evidence of old samples, but also any extracts or resolutions.
Until the 90s, plots of land were allocated to citizens according to resolutions of village (local) administrations. These statements are still valid today. Moreover, data on the allocation of real estate is contained in the archives, so they can be requested based on an application.
Cases cannot be excluded when land plots are used by more than one generation in a family, but the documents on them have not been preserved or the users do not have them.
In this case, you must contact the local administration to obtain an extract from the household register.
An extract is a document of title to a land plot. Based on this document, registration of land under the dacha amnesty becomes possible.
If no data is contained in the household register, then the right to register the plot is lost. The user needs to purchase the land from the municipality's land fund, and only then register ownership.
The essence of the program
Based on the dacha amnesty, land users are exempt from the land surveying procedure. The legislation provides for a clear procedure for registering property rights - first, data is entered into the State Property Committee, and then the right to property.
Entering information into the State Property Committee without land surveying is impossible, since a clear record of land plots is maintained.
The essence of the dacha amnesty is that the land user does not need to survey the land to obtain a certificate of ownership. That is why any old-style documents are required, on the basis of which the right to use land arises. They indicate the approximate dimensions of the plot, and this data is entered into the cadastre.
The amnesty applies to lands allocated before the Land Code came into force. You can register for a plot at any time, since the law does not limit the duration of the program.
Privatization until 2020
According to latest changes According to land legislation, it is possible to privatize a plot according to a simplified scheme until 2020. This is not an amnesty, but duty-free registration. That is, the citizen will not have to pay a registration fee.
This program was extended so that land users could register their property rights, and the state thereby take into account the available land.
Along with free privatization, a project was launched in parallel for the development of land in the Far East, where plots are allocated for all interested Russians. Both programs are implemented with the aim of accounting and legal development, use and enjoyment of available lands.
Problems of application of the project
Under the dacha amnesty, many families have already registered real estate that they have been using for years, thereby expanding their rights. Such land plots can be sold, donated, exchanged and rented out.
However, many citizens are faced with one problem - the lack of data on the size of the plot in the old-style certificates.
In fact, the dimensions are either not indicated or are approximate.
In the latter case, the prescribed boundaries are entered into the state cadastre. The first one requires clarification.
How to clarify
In order to fix the boundaries of the plot being registered, you must contact the local administration in the department dealing with real estate. Representatives of the department go to the site, take actual measurements, and provide the relevant document to the applicant. If, according to the plan that the municipality has, and in fact there are significant differences in the boundaries of the site, then the user may be required to correct the shortcomings before issuing the document.
In practice, representatives of the department rarely travel to the area, providing extracts from their existing plan. Based on the extract, data is entered into the state cadastre.
Dear readers!
We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
To quickly resolve your problem, we recommend contacting qualified lawyers of our site.
Last changes
Dacha amnesty program extended until 03/01/2018.
That is, during 2017, all citizens who have not registered ownership of their houses can exercise the right to a dacha amnesty.
Our experts monitor all changes in legislation to provide you with reliable information. Subscribe to our updates!
Dacha amnesty
February 13, 2017, 1:58 pm Feb 11, 2019 10:57 pm 
What the concept of dacha amnesty means, for which subjects and objects it is provided, we will understand in this material. Let's also consider the duration of the program and the procedure for the person applying for it. Now let's talk about everything in order.
General concepts and legislative regulation
First, let's look at what the dacha amnesty means. This term means a simplified process of re-registration of land and objects located on it into the personal property of citizens. Since residential buildings, garages, and other buildings can also fall under it, we can summarize that the meaning of the term is somewhat broader than the name.
Federal Law No. 93 of June 30, 2006 is the main bill that defines the features and timing of the amnesty.
Timing and whether the dacha amnesty was extended until 2020
Perhaps one of the most interesting questions for potential designers remains. Has the program been extended, as previously expected, until 2020? Yes, The validity of the dacha amnesty has indeed been extended, but only gardening farms purchased before 2001 are subject to privatization in this way.
Lawmakers had to increase the period of amnesty for objects for several reasons. So, the program has been extended until 2020 due to the fact that:
- There are quite a lot of non-privatized plots left;
- many buildings have appeared that are not registered by the owners;
- the number of owners from the territory of Crimea has increased.
Now, a logical question arises: until what year is the dacha amnesty valid for residential properties on private plots and individual housing construction plots? So, the simplified procedure for this category of objects ceased to apply on March 1, 2018. This was the final date when it was possible to carry out privatization without a cadastral and technical plan or other permitting documentation.
Attention! Since March 2018, residential buildings are issued with a construction permit and technical plan.
Benefits of amnesty for each party
We have already discussed the fact that the dacha amnesty will be extended until 2020. What it means to amnesty an immovable property is also clear. Now it remains to understand why people need this and why the state strives for this.
So, the simplification gives people the opportunity to obtain rights to objects for free. They receive documents without unnecessary time or nerves. A registered plot entails the possibility of sale and donation.
Attention! Ownership recorded in a registry gives the owner full rights of disposal, not just possession. Privatized plots and buildings can be donated, inherited and sold.
Now regarding the benefits of the state. The rules in force as of 2018 regarding the amnestied site have been tightened. But the program is still in effect. Why was it extended? The more privatized objects, the more official owners, and therefore the more taxes paid.
On a note! Simplification began in 2006. During the period of its validity, more than 10.5 million rights were registered. The greatest peak of activity was noted in 2009 and the subsequent 2010.
Updated rules for dacha amnesty
Some provisions of the federal amnesty law No. 93, as amended on June 30, 2006, have ceased to be in effect. The current rules for registering a residential building, which are provided for by Federal Law No. 218 “On State Registration of Real Estate” dated July 13, 2015:
- state registration and parallel registration of the object for cadastral registration;
- registration of a residential building only if there is a technical plan.
Registration of residential buildings requires a technical plan, which can be obtained if you have title documents. Permission to put the house into operation will not be required. But if the rights to land have already been recorded in the Unified State Register of Real Estate, then these papers will not be required when registering a house, garage or utility block.
Innovations have also appeared in the privatization of summer cottages and garden plots. The cadastral passport, which is issued on the basis of an examination by a land cadastre engineer, has become a mandatory document for registration. The paper is drawn up based on the declaration submitted by the owner.
On a note! Until 2017, registration of dacha and garden land plots was carried out only with a declaration filled out personally by the user.
Cadastral plan or passport, what is needed
It will not be possible to obtain a cadastral plan in 2018. Previously, this document was issued by the Cadastral Chamber. Today, a new type of passport has a similar effect. It is issued by the registration service (UFRS).
If there is no data about the object
In a situation where the Federal Registration Service does not have data on the site, it will not be possible to obtain a passport. We will have to carry out the procedure of land surveying and approval of the technical plan. You need to act in the following sequence:
- Contacting the Land Committee with a corresponding application.
- Inviting a team of surveyors from the state department or using the services of specialists from private companies with licenses.
- Determining the boundaries of the site, conducting geodetic surveys.
- Development of a boundary plan based on the results of geodetic work.
- Approval of the plan by the Committee.
- Registration of land plot in the cadastre of the Federal Registration Service. Registration will be carried out only if there is an approved boundary plan.
- Receiving a passport.
Cadastral works. Prices in 2018
The law establishes restrictions on prices for cadastral works. It concerns only land plots. For example, in Moscow, in accordance with Law No. 156 of 2015, the following standards apply:
- 450 rubles – the cost of a cadastral meter in the Moscow region;
- maximum – 7,000 rubles.
In the standard position, the price is formed taking into account the following factors:
- base price;
- number of adjacent plots;
- regional coefficient;
- deflator coefficient.
How to pass and receive a dacha amnesty
When registering real estate, the ultimate goal of which is to register your rights, you must perform the following actions:
- Contact the FSR with an application to register the property.
- Provide a passport and documentation for the facility.
- Pay the state fee.
- Take a receipt from the structure employee about the receipt of documents.
- Obtaining the appropriate certificate.
Package of documents for the dacha amnesty:
Attention! The commissioning permit is not one of the required documents for the dacha amnesty. When registering a residential building, you need a building permit.
Application processing time
If all the documents required for amnesty have been submitted, the applicant will have to wait for the following deadlines:
- It takes 10 days for the applicant’s application to be processed through the registration chamber;
- You will need to wait 12 days if you submit papers through the MFC.
Declaration form
Government Order No. 447 determines the form of the declaration. Each applicant for dacha amnesty must fill it out. It contains the following information about the object:
- location;
- Name;
- land area;
- number of storeys of the building;
- year of construction of the building;
- the presence of engineering and technical communications in the house;
- cadastral number;
- information about the copyright holder.
Difficulties in the registration process
Unregistered property and transactions with it cause difficulties. It definitely needs to be privatized in order to obtain ownership rights, and with it the rights of disposal. But difficulties can arise at this stage. Let's consider the most common nuance.
The real data does not coincide with the information specified in the allotment acts. Errors are allowed by law, but they cannot exceed 1 unit of the maximum permissible size established for a specific category of plots. But the discrepancy between the declared and actual sizes is not a basis for refusal of amnesty.
Attention! If the boundaries were not highlighted in principle, then an increase of 10% of the declared value is allowed.
Bottom line
The dacha amnesty is an excellent chance for plot users to legalize their rights to the land and the objects located on it. Without appropriate actions, it is impossible to sell or otherwise alienate the property. Under this program you can register an unlimited number of buildings.
A minimum of time, money, documents and bureaucracy is what distinguishes the dacha amnesty from the standard registration procedure. But you shouldn’t delay with this method, since the program’s validity period is limited. End date: March 1, 2020. Maybe, of course, it will be extended, but everything tends to end. In addition, no one can predict what the simplification will mean in the 2020 version.
- Question: If you own a plot of land, but do not have a new type of ownership certificate. What if you need to sell an object, but you only have a document from the 90s?
Answer: The first thing you need to find out from this document is the moment of ownership. If it is installed, there are no problems. If not, we look to see if there are restrictions and whether the item has been withdrawn from circulation.
Three times, without registration of the allotment it is impossible to carry out a sale or any other alienation. Thus, we immediately register the plot in Rosreestr and receive a certificate of ownership. Next, a purchase and sale agreement is concluded, and information about the new owner is entered into the database, and the owner of the object on the documents changes.- Question: Please explain the information regarding the land, which objects can be registered and which cannot.
Answer: Title documents contain information about ownership. If the deed does not say anything, it means that the plot is automatically provided as property. If the allocation took place on the basis of permanent, unlimited, lifelong ownership, then the plot can be registered. Possessions excluded from circulation and those in limited circulation are not registered.- Question: If the land is owned by a gardening partnership, what should I do?
Answer: You need to contact the local government and provide an application, a decision of the dacha farm on the allocation of a plot to a specific user, the title documents of the partnership for the object (requested by the administration one-time for all cases of registration of plots of a specific legal entity).
