Owners of country houses land plots, the so-called dachas, began to think more and more about privatization. A dacha plot received for use or purchased without the appropriate documents is not full property. In order to fully dispose of real estate, you must become the legal owner, having received the prerogative of ownership.
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This procedure allows you to obtain the prerogative of ownership of land use free of charge. Most owners of summer cottages only have gardening books. The law states that the owner of real estate becomes the full owner after completing the registration procedure.
In the absence of registration, the owner does not have the right to fully dispose of the property, i.e., he will not be able to conclude a transaction for sale, pledge, deed of gift, or will. The free privatization procedure allows the owner to get rid of the above restrictions.
For some time, the headlines of online news portals and newspapers frightened with information that it would be possible to freely register property rights to dacha property until a certain date.
Starting from the second quarter of 2015 in land legislation Russian Federation there have been some changes. They simplified the process of privatization of land plots allocated for dacha territory.
The law that simplifies the procedure for privatization of real estate located in the countryside is called the “dacha amnesty.” Now owners of dacha and garden plots can confirm their right to property without unnecessary bureaucracy by undergoing state registration.
Amnesty, unlike privatization, allows for the registration of an unlimited number of real estate. While property can only be privatized once. We will discuss further how to privatize a dacha, what documents are needed to undergo state registration, and within what time frame the procedure must be completed in 2018.
What does the privatization of dacha buildings and land give?
Privatization of a dacha plot allows the owner to freely sell, donate, exchange, or make the dacha the subject of a will. By registering ownership, owners protect themselves from fraudulent activities. Thanks to privatization, the house and other buildings erected on the land will remain safe and sound.
Despite the hassle of privatization, the results are worth it. The absence of a cadastral passport for a land plot deprives the owner of the right to sell. You cannot buy an allotment by simply re-registering the membership book for the new owner. This document is not the main one. It is impossible to sell a plot when the old owner is listed in the state register. In this case, you can prove your right to dispose of property through litigation.
Selling a privatized plot of land is not difficult: just contact a notary. If ownership of a dacha plot is granted before 2006, it is initially necessary to replace the state certificate with an updated sample.
According to the new laws, the privatization of a land plot is simplified:
- A plot of land can be transferred for use as an owner to a member of a gardening association free of charge.
- Obtaining ownership of land is possible for summer residents and gardeners who are members of the cooperative. The date a citizen was accepted into the cooperative does not matter.
- Privatization of lands acquired by the partnership before October 30, 2001 is possible.
- People whose lands have been restricted or withdrawn from circulation are deprived of the opportunity to privatize their dacha plot.
The dacha amnesty is intended to speed up the process of registering lands allocated for use by citizens in the period before 2001. Facilitating the procedure for transferring ownership of land will make it possible to restore order in the real estate sector and decide on independently seized lands. In addition, the program will attract additional injections into the budget due to an increase in the number of tax payers.
Using a simplified procedure, you can register ownership of two types of property:
- An allotment of land, in the presence of a document confirming the act of transferring the subject into ownership, will, or use without a limited period.
- Residential buildings built on lands allocated for the construction of residential buildings or horticulture.
For most citizens, documents for a dacha allotment are not the basis for ownership. Although without them it is impossible to carry out a single transaction on the alienation of property. The state has the right to confiscate an ownerless plot of land without notice and compensation of its value to the previous owner.
At any time, the legislative framework may change and it will be impossible to privatize an ownerless plot. In the absence of documents confirming the prerogative of property, a citizen will not be able to register at the dacha, leave it in a will, sell it, or change it.
Important! At the slightest need from the municipality, the illegal owner will be deprived of the right to use, without even explaining the reason.
Privatization deadline
Privatization of a dacha plot located in gardening, according to a simplified procedure, provided a package of documents is available, is carried out within three weeks. From the moment of submitting the application and the papers specified in the list of the state register, at least twenty days will pass until the issuance of the title document.
When the prerogative of ownership of a plot of land purchased from the country is formalized, the privatization process takes longer. It is necessary to collect a package of documents, which includes a purchase and sale agreement, permission to conduct a transaction, a new cadastral passport, and an extract from the decision of the city municipality on the transfer of land ownership. All this can last about six months.
This article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem, contact our consultant absolutely FREE!
According to the state register, not all property owners have yet taken advantage of free service entry into property rights to dacha and garden plots. Since March 2015, changes have been made to the Land Code that have made it possible for participants in dacha partnerships and garden cooperatives to carry out privatization free of charge, having a minimum number of documents in hand.
Land regulations stipulate several deadlines within which summer residents can register property rights to land and garden buildings using a simplified procedure:
- By the end of February 2018, summer residents and gardeners will have the opportunity to privatize for free not only the land, but also the buildings erected on it. There is no need to obtain permits for construction and commissioning.
- By the end of 2020, citizens of the Russian Federation will have the opportunity to privatize land located in SNT, dacha cooperatives and other gardening partnerships.
The state apparatus has repeatedly extended the duration of the dacha amnesty so that the budget is replenished in cash from paying taxes and duties that citizens are required to pay upon becoming the legal owners of real estate.
Since 2017, in order to privatize a land plot under a simplified scheme, in addition to a completed declaration, you will need to acquire a technical plan. Despite the complication, cadastral registration occurs within the same time frame. The deadline for submitting documents for the dacha amnesty is March 1, 2018 of the current year.
The amnesty was extended in order to attract more taxpayers. Thanks to the garden amnesty, it was possible to privatize a dacha until 2017 if you only have a garden book.
Where to start with privatization
Privatization of a summer cottage and a garden house occurs in accordance with two Federal Laws No. 137, adopted in 2001 and No. 93, adopted in 2006. The alienation of a land plot should begin by collecting the package necessary documents. Then it all depends on how the land plot with the building is classified in the cadastral register.
Citizens wishing to privatize structures built on the territory of gardening partnerships should contact local authorities. An application for privatization is reviewed within two weeks. If a citizen is denied registration, the local autonomous authorities issue a written refusal, indicating the reason why privatization cannot be carried out. According to the law, the owner of the plot has the right to appeal the decision through judicial proceedings.
If the state registry authorities give the go-ahead for privatization, you need to register ownership. The documents available for the erected structure must be submitted to the registration chamber, accompanied by permission from the city administration. They are accompanied by a receipt confirming payment of state property taxes. In addition to this method of privatization, there is the possibility of registering land plots belonging to gardening and dacha cooperatives by submitting collective applications.
A simplified privatization scheme allows owners of garden and dacha property to use the services of the MFC and submit applications for privatization together with a package of documents and a declaration in two copies. Papers at the MFC are sent to local authorities departments in whose department the land plot is located, with erected buildings.
If there is nothing else besides a garden book, you need to contact the authorities local government and submit an application for the transfer of property rights to the dacha plot from the state to the citizen.
Important! Otherwise, after five years from the date of acquisition of the dacha plot for use, the municipality has the right to confiscate it without any explanation.
The owner can use the land, but has no rights to it. Having received permission, the owner can contact the registration service. Along with the permit, you will need to provide a cadastral passport with clearly defined boundaries. Changes to the cadastral passport are made by employees. A cadastral passport is issued for real estate to simplify the procedure for identifying the owner. Then you need to submit an application to the Rosreestr authorities to register the property.
An engineer is invited to draw up a plan for the land plot. Having taken measurements of the site and transferred them to paper, the bureau issues a cadastral passport. If you apply for registration of property rights before 2006 and there is confirmation of this, old documents are updated automatically. This does not require the presence of the owner.
Property rights are registered by Rosreestr for any type of real estate. To do this, it is enough to submit a package of papers to the Russian Register authorities or the MFC. The procedure for denationalization of buildings erected on already privatized land plots is no different from the procedure for registration on land that is not yet the property of a garden or dacha partnership. In this case, instead of a cadastral plan, you can provide a certificate of ownership.
The most profitable and convenient is the simultaneous privatization of the site and buildings. The dacha amnesty applies to permanent buildings in which only one family can live and their number of floors does not exceed 1. The structures must be built on land plots received for use before the end of October 2001. Privatization is permitted for those citizens whose plots have been issued for indefinite use or can be inherited for life.
List of documents
Privatization must be carried out in accordance with step by step instructions mentioned above. Documents can be submitted by both the owner himself and his representative (with a power of attorney). You can also send documents by mail, but they must be notarized.
Since the beginning of 2017, changes have been made to the legislative framework and the package of documents to confirm property rights has expanded slightly. In addition to the completed declaration for objects, you now need to provide the following documents:
- Technical plan for buildings.
- A copy of the garden book.
- Application for privatization of buildings, with full information about the owner (full name, tax identification number, address of the property).
- A copy of the client's passport.
- Passport issued by the cadastral service.
- An extract from the Unified State Register of Legal Entities and the Unified State Register of Rights.
- Authorization for the construction of a building.
- Papers proving that the property has been put into operation.
- Documents with a clear delineation of the boundaries of the land plot.
- A contract issued by the municipality for the right to lifelong exploitation of a land plot.
- A photocopy of the constituent documents of SNT, issued by the dacha board.
- Tax payment receipt.
To register ownership of a dacha building or garden house that does not require a building permit, you must provide a declaration and papers confirming that the land plot is in possession, the land is given for lifelong use, or indefinite possession.
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The privatization process in our country has been started a long time ago. The government constantly extends the procedure free of charge. Privatizing real estate means becoming its owner legally and gaining the right to make transactions with it: sell, donate, rent.
Is it necessary to privatize the dacha?
This question usually arises among owners of buildings on a summer cottage, when the land has already been privatized and belongs to the owner according to official documents. Experts argue that this needs to be done, especially since the dacha amnesty, valid until 03/01/18, allows this to be done quickly and without any problems.
As for the situation when neither the plot nor the house on it is privatized, and citizens use the property, for example, under a social tenancy agreement, then after 5 years of no action by the owner, this property becomes the property of local municipal authorities, so they have every right ask to vacate the occupied territory.
Privatization procedure
A summer cottage is a favorite vacation spot for many citizens. After the dacha has been purchased, you should not hesitate to formalize its privatization, since this action will not only make the buyer the full owner of the property, but will also provide the opportunity to dispose of it at his own discretion.
All individuals who do not own property can apply for privatization rights. Any immovable object on a summer cottage can be registered as ownership if it is not in disrepair and is not an office premises.
Privatization country houses is handled by a special service at the local administration of the locality where the facility is located. The privatization process is a rather troublesome task, requiring numerous procedures:
- First of all, it is necessary to resolve the problem with the land on which the building is located. When purchasing land, the owner registers it in his name and then takes possession of the site. He automatically becomes a member of the dacha cooperative, which gives him the opportunity to privatize the dacha for free. Membership in the cooperative is confirmed by a book, which is issued to the owner of the land by the management of the cooperative.
According to the legislation of the Russian Federation, it is possible to privatize only those land plots that were received for use before 2001. In addition, there are lands that are prohibited from privatization (Article 27 of the Land Code). Learn more about how to buy land from the state.
- It is necessary to draw up the boundaries of the land plot. The cadastral chamber is responsible for drawing up this document. The owner makes an application, cadastral engineers go to the site and take the necessary measurements. After a set time, the owner receives a cadastral document with a description of the object and designation of its boundaries. The passport must be signed by the head of the board of the summer residents' cooperative. The owner can independently draw up a description of the boundaries of his site, but in this situation it is wiser to leave this to specialists. More information about registering a land plot with cadastral registration -.
- The owner of the plot must contact the local Department of Land and Property Relations with an application for the privatization of the dacha building. Documents must be attached to the application in accordance with the established rules.
The Department is given up to 2 weeks to review and prepare privatization documents. During this time, additional documents may be required from the owner, depending on the specific conditions of registration. After the Department issues the documents, the dacha owner transfers them to Rosreestr for final registration. Rosreestr registers a citizen's right to a dacha building and land and issues an extract from the Unified State Register of Real Estate, officially confirming this fact.
It is recommended that you first familiarize yourself with the legislative acts covering the privatization process or consult a lawyer. The laws contain all the rules and regulations according to which a summer cottage and buildings on it can be transferred into ownership according to a simplified scheme, after which they can be disposed of at their own discretion.
Required documents
To carry out the privatization procedure, the owner of the dacha must provide a package mandatory documents:
- application according to the established form;
- copy of passport;
- cadastral plan of the site;
- documents that confirm ownership of the land and buildings on it;
- technical passport for real estate objects located on the site.
Statement for privatization has a standard format and contains the following points:
- name of the authority to which the application is submitted;
- applicant details: full name, residence and registration address, contact details;
- a request for the transfer of ownership of the building with reference to the Federal Law “On the Privatization of Housing Stock” indicating the address of its location;
- list of documents attached to the application;
- signatures of all alleged owners with transcripts;
- date of application.
The deadline for processing documents may be extended if the applicant has completed the application incorrectly or provided an insufficient number of documents.
Duration and cost of the procedure
The dacha privatization procedure does not require capital investments, but the owners must pay a state fee for registration and review of documents. Its amount does not exceed 200 rubles when preparing documents for a summer cottage plot, for garden plots - 100 rubles.
The deadline for free registration of ownership of all types of real estate for citizens of the Russian Federation has been extended until March 1, 2018. The period for free privatization of land under structures has been extended until December 31, 2020.
The procedure for privatization is simplified as much as possible for owners in the Federal Law on privatization. The new legislative act was called the “dacha amnesty.” It was introduced to facilitate and speed up the process. The state, in turn, will receive additional budget revenues from paying real estate taxes.
Duration procedures for reviewing documents for registration:
- privatization in the Department of Land and Property Relations at the municipality - 2 weeks;
- production of a cadastral passport – 1 month;
- registration with Rosreestr – 10 days.
The deadlines may change upward if the applicant made errors in the preparation of documents or specialists have other questions that will require time to resolve.
In general, privatization of real estate on a summer cottage can last 6-8 months. The duration of the procedure depends on the correct execution of the sequence of actions by the owner, compliance with the rules for collecting documents according to the list, and the correctness of the application.
Privatization using a garden book
After registering ownership of a dacha plot, citizens automatically become members of the dacha cooperative. Evidence of this is the dacha book, which is issued to the owners by the board of owners. It confirms the fact of membership in the cooperative, characterizes the plot of land, and subsequently records all tax payments.
The “dacha amnesty” gives the owner the right to submit documents for the privatization of a dacha on the basis of a garden book. In addition to this, other available documents for the land and house, a copy of the owner’s passport and a receipt for payment of the state duty are provided. It is believed that the garden book contains enough official information about the land plot and the buildings on it to serve as the basis for making a positive decision on privatization.
In addition, the applicant must provide a certificate that confirms ownership of the land, according to the garden book, and contains a diagram of the land plot. This certificate is issued by the chairman of the board of the dacha cooperative.
Possible difficulties
Difficulties may arise during privatization, despite the fact that the “dacha amnesty” has significantly simplified the process:
- The external boundaries of the land plot have been violated; information about the area of the plot does not coincide with the cadastre. In this case, you will have to re-register the documents at the cadastral chamber.
- The gardening partnership, as a legal entity, does not comply with the requirements imposed on it, for example, it violates fire safety and sanitary standards.
- Failure to pay SNT taxes or fines.
- Violations in SNT documentation: about the presence of land users, information about areas, unreasonable registration of excess areas, etc.
If there are violations on the part of the board of the dacha cooperative, privatization may be refused, but the owner can appeal the refusal in court. Refusal due to the fault of the owner may be due to incorrect execution of documents, insufficient number of documents, or non-payment of state duty.
The Department of Land and Property Relations at the municipality of the locality, which is responsible for registering ownership of dacha plots and buildings on it, has the right to refuse privatization to the applicant. The refusal must be made in writing on official letterhead. It must indicate the reasons for the refusal, the document is signed by an official and supported by the department’s seal. With this document, the applicant can apply to the court to appeal the decision that, in his opinion, is unauthorized.
The refusal and its reasons should not be irreparable, therefore, most often, going to court becomes a last resort for the applicant. Typically, citizens eliminate shortcomings on their own and put documents in proper order. To avoid refusal, you should be more careful in preparing documents: pay attention to their relevance and reliability, completeness of information.
Before going to court, the law suggests resolving the controversial issue pre-trial, that is, filing a complaint with a higher authority - the territorial division of the State Property. The complaint is given 15 days to consider. Thus, the pre-trial procedure for resolving the problem is observed, and the case does not come to trial.
Legislative framework
All questions about privatization are reflected in special regulatory documents:
- Federal Law No. 178 of 12/21/2001
- Federal Law No. 66, 2002
- Federal Law No. 93 dated June 39, 2006
- Federal Law No. 101 “On the turnover of agricultural land”, 2002
- Civil Code of the Russian Federation (Article 209, Article 129)
- Land Code of the Russian Federation No. 136 of October 25, 2001 (Article 39.36)
Legislative acts provide that land plots and buildings located on them must be privatized. At the same time, building owners received the right to a special procedure for privatization.
Privatization of a dacha (video)
The features of the “dacha amnesty”, as well as the privatization procedure and the papers required for this, are described in detail in the presented video.
Free privatization of real estate on a summer cottage has been extended for several years in order to simplify the registration of property ownership for citizens as much as possible and give them the opportunity to dispose of it at their own discretion.
Many summer cottages used by citizens have not been privatized to date. The lack of property rights imposes restrictions on many transactions with country real estate, including inheritance and rental. In 2017, citizens can privatize dacha lands using a simplified procedure.
Legislative regulation of privatization
Privatization of a dacha plot is the registration of ownership rights to this land. The procedure and features of privatization of dacha lands are regulated by the following federal laws:
- Federal Law No. 93 (“dacha amnesty”);
Law No. 137 establishes the procedure for the privatization of lands issued to citizens before 2001, and the legislative act on the “dacha amnesty” introduces significant simplifications in the paperwork process for citizens wishing to privatize their plots.
You can privatize dacha land plots, which are owned by citizens with the following rights:
- Leases from city authorities;
- Indefinite use;
- Membership in a dacha association;
- Lifetime ownership.
Land for dacha farming transferred to non-profit cooperatives after 2001 is privatized for a fee.
Until what year has privatization been extended?
The law on “dacha amnesty” establishes rules according to which the terms of privatization depend on the type of right on the basis of which the dacha land is exploited. Deadlines for registration of rights are not established if the dacha plot is exploited by a citizen on the basis of:
- Lifetime hereditary ownership;
- Perpetual use rights.
For plots provided to citizens from the territories of dacha non-profit cooperatives and partnerships, registration of ownership rights can occur until March 1, 2020.
Required documents
To register privatization, owners of summer cottages will need the following documentation:
- Russian Federation passport;
- Extract-certificate of the owner of the land from the Unified Register of Rights;
- Certificate of the right under which the dacha is used;
- Cadastral passport;
- Certificate of all buildings on the plot from the BTI;
- Declaration for buildings (if necessary);
- Statement.
An extract about the current owner of the plot is necessary in order to find out where to apply for privatization. Non-privatized dacha plots may be owned by:
- Municipality;
- Regional or federal authorities.
In the first case, you need to contact the municipal land management department, in the second - to the department of the Federal Property Management Agency.
A certificate of land ownership can be a document on inheritable or perpetual ownership of a plot, a book of a member of a dacha cooperative, or a dacha lease agreement from the local administration.
In the absence of a cadastral document, the land user must prepare a drawing of the location of the dacha plot among the adjacent plots, and then certify this diagram with the signature of the chairman of the dacha cooperative.
A certificate of buildings located within the boundaries of the allotment can be ordered from the BTI at the place of residence.
Statement
A sample application for privatization is available. The text begins with the name of the circulation body, after which the word “statement” is written in the center of the page.
The main part should display the following information:
- Full name, series and number of the land user's passport;
- Address of registration and actual residence of the land user;
- Landmarks of the location of the privatized site;
- Land category;
- Type of permitted land use;
- Information about the presence of encumbrances on the site;
- Information about buildings located within the boundaries of the site;
- Details of the document on the right of use;
- Area of the site.
If there are residential and non-residential buildings on the site, then the right of use and living area must be indicated for them.
The type of permitted use should be indicated: summer cottage construction. The presence of encumbrances can be requested from Rosreestr by making a request to the MFC with a passport and title papers for the land. It should be borne in mind that a plot encumbered with seizure or restrictions on circulation cannot be privatized.
The procedure for the privatization of a summer cottage in 2018
Privatization of a dacha plot is carried out as follows:
- The necessary documents are collected;
- The land user submits an application for privatization;
- The application is considered within 30 days, after which a decision on preliminary approval or refusal is issued;
- After receiving preliminary approval, employees of the land resources committee contact the survey company to establish the boundaries of the site;
- Based on the results of geodetic work, boundaries, boundary plans and cadastral documentation for the site are drawn up;
- The land user receives a new cadastral passport and applies to the local administration again;
- After issuing a permit for privatization, the land user applies to Rosreestr to record the results of privatization in the Unified Register of Real Estate.
An application for privatization is submitted to the land resources committee or the department of the Federal Property Management Agency, depending on the state owner of the plot. Departments of the Federal Property Management Agency by region of the Russian Federation and their contact information can be found here.
The body considering the application may refuse to approve privatization in the following cases:
- The application is filled out incorrectly or contains incorrect data;
- The applicant submitted an incomplete package of documents;
- The lands of the dacha cooperative were previously withdrawn from circulation by decisions of local authorities;
- The land user has previously exercised his right to free privatization.
In each case, Land Development Committee staff must provide the applicant with a written reason for the refusal. If the refusal is received due to incorrectly filled out papers, it must be delivered to the applicant no later than 10 days after the application.
If privatization is agreed upon, the exact boundaries of the site should be determined. Most non-privatized dacha lands do not have clearly defined boundaries and boundary plans, and the location of plots relative to neighboring ones exists only on a map in the board of the dacha partnership.
With free privatization, cadastral work to clarify boundaries is paid for by the local administration, which enters into an agreement with surveying companies, in accordance with clause 2 of Art. 12 Federal Law No. 93 on the “dacha amnesty”.
Land surveying work can last from 3 days to 15 days, depending on the complexity of the terrain and the distance of the site from the city. Based on the results of the work, the cadastral engineer coordinates the boundaries with the owners of neighboring plots and representatives of the administration, and the agreed boundary plan is sent to the cadastral chamber, where, based on the information provided, a new cadastral document is drawn up.
With a new cadastral passport, the land user must again contact the land management department to request final permission for privatization, after which he applies to Rosreestr with the following papers:
- A copy of your passport;
- Certificate of payment of state duty;
- The permission received;
- New cadastral passport;
- Application for property registration.
After two weeks, information about the new owner of the dacha plot is entered into the unified real estate register. A land user can obtain a written certificate of ownership by ordering an extract about the owner of the plot from the MFC or Rosreestr.
Privatization in the absence of documents
If a land user does not have documents on the right to use dacha land, but he actually uses this plot for 15 years or more, then such a land user can carry out privatization on the basis of acquisitive prescription in the judicial authorities, according to Art. 234 of the Civil Code of the Russian Federation.
The court may allow the privatization of a dacha plot without documents if the plaintiff used the land on the principles of:
- Openness;
- Continuity;
- Good faith.
Open ownership means that the land user considered himself the owner and did not hide the use of the land from neighbors or authorities. Continuous ownership requires that the owner occupies the property annually for 15 years, and bona fide ownership can be proven by payment receipts utilities, land tax or cooperative security.
Price
Privatization of dacha plots belonging to the territory of cooperatives and non-profit associations is free if these cooperatives received their territories from the authorities before October 2001. The privatization of dacha lands used under the right of perpetual use and hereditary ownership will also be free, regardless of the date of provision of such lands.
The cost of privatization of land received for use by a dacha cooperative after 2001 will be calculated as a percentage of the cadastral value of such plots, but not more than 60 percent. The procedure for determining prices for state-owned plots is regulated by Decree of the Government of the Russian Federation No. 279.
It will also be necessary to pay a state fee for registering rights in Rosreestr (100 rubles). You should know that dacha plots from cooperatives can be privatized free of charge only until March 2020.
Is it necessary to privatize?
Citizens retain the right to use non-privatized lands (clauses 1, 2.2 of Article 3 of Federal Law No. 137), but without formalized ownership rights, land users cannot carry out many legal actions with their plots:
- Sell;
- Present;
- Bequeath by inheritance;
- Rent out;
- Divide and unite.
The owner of a non-privatized plot can only sell membership in a dacha cooperative, and not the plot itself, which significantly reduces the market value of the land.
Only holders of the right of lifelong inheritable ownership can bequeath dacha lands to their descendants. Non-privatized plots used for other reasons, after the death of land users, become the property of the authorities as escheat property, regardless of the presence of heirs.
Leasing land under a formal agreement also requires the landlord to have ownership rights; owners of non-privatized land, when renting out their dachas, must request official permission from the authorities to conclude such agreements.
The state may seize non-privatized lands for defense or other purposes without paying compensation to citizens farming on these lands. After registration of ownership, the owner of the seized dacha plot will receive compensation from the state comparable to the market value of the land.
Privatization of dacha plots gives their owners the opportunity to fully use their plots and pass them on to inheritance. Correctly filling out the application will help you avoid possible refusals and carry out privatization in a short time for free. It is important to take into account that from the moment of acquiring property rights, summer residents also have the obligation to pay land tax annually.
In everyday understanding and according to current legislation, there is no difference between country houses and garden houses. The difference between them lies in the purpose of the land on which they are located. This is either a dacha or a gardening partnership.
According to SNiPs, garden houses include non-permanent temporary buildings with an area of up to 35 sq.m. and built on agricultural lands. Whereas country houses can be capital and have an area of up to 100 sq.m.
It is worth noting that the Land Code does not recognize such a distinction between the concepts of country house and garden house and equates them. Moreover, according to the recently adopted law amending the legislation on gardening partnerships, the concepts of “dacha”, “summer resident” and “ country house"decided to exclude it from the legal lexicon. Also outside the legal framework there will be dacha partnerships and partnerships.
The law will come into force in 2020 and all communities of citizens formed to solve various problems will be called either a gardening or vegetable gardening partnership. Dacha partnerships will automatically switch to gardening status. The differences between them will be that on land for gardening it is allowed to erect a permanent structure intended for permanent residence and registration. Such buildings will now be called not a country house or a garden house, but are united by the general concept of “residential building”.
Whereas gardeners' plots exclude this possibility - here it will be possible to build only non-permanent buildings without the possibility of registration. They do not necessarily have to have communications for permanent residence: heating, electricity, a separate kitchen and bathroom.
Features of privatization of country and garden houses
Country and garden houses are a re-registration of property rights from municipal/state to private.
Since 2006, the so-called “” system has been in force in Russia, which involves a simplified procedure for registering ownership rights to country houses and garden houses, as well as to the land plots on which they are located.The “dacha amnesty” applies to plots of land on the territory or DNT, transferred for the use of citizens on a free basis, before the entry into force of the Land Code (2001).
The simplified procedure involves registering land plots as the private property of citizens without land surveying, and also on a free basis (you can register land as your property for free once in a lifetime). It also applies to buildings: country houses and garden houses can be registered without unnecessary bureaucratic delays and obtaining permission to put the building into operation. But citizens have this opportunity to legalize their buildings only until March 2018. In the future, for the privatization of houses, a declarative description of the structure alone will not be enough and an official document authorizing the commissioning of the house will be required.
Documents
If the land plot and the house on it are not privatized, you will need to collect the following documents:
- resolution on the allocation of land in / (if it was lost, then you need to contact the administration of the Moscow Region to obtain an extract from the household register) - this documentation will be needed if the plot was provided on an individual basis not through SNT;
- copying of the land plot (obtained from the board of the partnership) or approved;
- general plan of the partnership territory;
- a copy of the garden book or an extract on the distribution of plots between members of the SNT/DNT;
- a certified copy of the articles of association of the partnership.
Step-by-step privatization procedure
A plot of land and a house on it involves going through the following stages:
- A person writes to the administration of the Moscow Region an application for preliminary approval of the site and within a few weeks must receive permission or a corresponding resolution on the allocation of land as property. This document makes further privatization possible.
- Together with the document received from the municipal authorities, you must come to the branch of Rosreestr or the MFC, where you fill out an application. Attached to it is a passport, existing documentation for the house, a garden book and an extract from the SNT Charter.
- The received documents are reviewed within 5 days and upon successful verification, information about the owner is entered into the unified real estate register.
- The owner is given an extract from the Unified State Register of Real Estate, confirming his status.
Differences in privatizing a house on privatized land
If the land is already owned by a private person, and the house on it is not legalized, then you can give the building official status by registering it officially. The term "house privatization" in in this case not very correct, since the house is not owned by the municipal authorities.
Legitimizing ownership rights to a house involves registering it and entering information about the owner into the real estate register. To do this, a person must contact Rosreestr and fill out a declaration for the house. The declaration should describe the following points in as much detail as possible:
- address of the land plot;
- name of the building: residential/garden/country house;
- date of its construction;
- number of storeys;
- material used in the construction process;
- information about connecting the house to utilities: sewerage, electricity, gas, etc.
Also, simultaneously with the specified document, an application for entry into ownership rights and registration of real estate in the cadastral register is written in Rosreestr. Attached to it are documents for the land plot and the applicant’s passport. The state duty for the provision of this public service is 2000 rubles.
After processing and checking the submitted documentation, Rosreestr will issue an extract from the Unified State Register of Real Estate, which will contain cadastral information for the house and data of the copyright holder.
This simplified procedure is valid until 2018, then you will have to obtain a special permit to put the house into operation, and only then proceed with registration.Registration of a garden house
And the buildings located on them - the procedure is absolutely voluntary. Therefore, the landowner himself decides whether he needs to legitimize the structure and no one has the right to force him to privatize the land.
Privatization of country and garden houses makes sense for the following reasons:
- Registration of real estate as a property allows you to protect yourself from claims on it from third parties.
- If the buildings are not legalized, then this is the basis for recognizing them as unauthorized construction. In this case, the authorities have every reason to recognize the house as illegal and demand its demolition.
- If the buildings on the land plot are not registered and the ownership rights to them are not properly registered, then such land can be sold, but much cheaper than if the seller had all the title documents in hand. Therefore, it makes sense to register the house properly before deciding to sell the property in the near future.
- If the building is not properly registered and not registered, you cannot register in it.
But many citizens prefer to limit themselves and not register the building. This is due to the tax burden on property owners. Registration of ownership of a house brings not only a wide range of rights, but also responsibilities, in particular for payment. In recent years, the amount of this tax has increased significantly due to the fact that it began to be calculated on the basis of cadastral valuation of real estate.
Therefore, usually land owners decide to legalize a house for two reasons: they would like to register in the near future, or, or are planning to register a residence permit here.
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