How to re-register a land share after the death of parents, owner, in 2020, without a will

Transfer a dacha plot to a relative after death

This can be done by expert companies or BTI employees. File a lawsuit to recognize the right to property. There can be two options here:

Notarial procedure; A legal dispute (in which the defendants will be either government agencies or other heirs or owners laying claim to the property).

You can get advice on this case for a fee or free of charge at an appointment with our specialists.

If a positive verdict is made, registration of ownership will be carried out on the basis of a court decision. If a non-privatized dacha plot belongs to a gardening partnership, the heir should contact the board of this association with a request to join its ranks.

Question answer

How to re-register a dacha when purchasing? The site is not privatized. Is it possible to rewrite the garden book and transfer the money outside the board building?

Re-registration of a land plot

To re-register ownership, you must have it confirmed. The best option is a certificate of ownership. Some owners of country houses, gardens or even plots under residential buildings do not have such a certificate due to the lack of need for it.

Resolutions (decisions) of the local administration on the allocation of a site;
Agreement of purchase and sale or other type of transfer of rights (donation), drawn up in accordance with the requirements of the law;
The court's decision;
Documents of the gardening partnership (on the allocation of a plot, on the payment of a share).

Re-register land after the death of a relative

The Civil Code regulates two types of inheritance rights: by law and by will.

Legitimate successors are determined based on the order of succession. The first to register can be the parents, children and spouses of the deceased. The inherited property, including the share, will be divided equally between the specified recipients. The spouse has the right to receive half of the inheritance if the property of the deceased was jointly acquired during the marriage.

In the absence of the main legitimate applicants, rights to join pass to the next circle of relatives.

If none of the candidates has accepted, then the inheritance is transferred to the state.

The second type of inheritance is a will. The rights of the successors are determined by documents that were drawn up personally by the testator during his lifetime. Why

How can real estate be transferred to a child?

There are several ways to transfer real estate to a child; you will need to choose the one that is most convenient for you.

Having figured out that registering real estate for a child is not difficult, now you need to move on to how this can be done.

Read more: How to get a medical insurance policy in Moscow for a newborn

In our legal field, there are many ways to acquire real estate.

But in this situation, it is best to opt for methods that do not entail certain legal consequences.

To purchase square meters for your baby, it is better to use the following methods:

Through privatization. This action means the purchase from the state or municipality of housing that belongs to them by right of ownership.
Through a deed of gift, when real estate is donated to one’s relatives.
Through inheritance, that is, parents or other relatives write a special will stating that after their death, the children become their heirs and take ownership of the home.
By buying and selling. This is the most common deal.
Each method has its advantages in specific situations, so this needs to be considered in more detail.

It is important to know that in the above cases, the child is given a real estate document, which, after its registration, confirms the child’s ownership of the residential premises.

Registration of inheritance for a dacha

The provisions of the document drawn up most recently will be considered valid.

The persons who were indicated as recipients in the text of the will can receive the property.

Entry into the right of inheritance of a dacha

This legal procedure begins with the acceptance of the inheritance. He will request the following documents to inherit the dacha:

passport;
documents on relationship with the testator or a will (if any);
documents confirming the ownership of the dacha.
death certificate of the owner of the plot and a document from his last place of residence;

Additionally, an application for acceptance of the inheritance is drawn up.

The principle of action does not depend on the basis on which inheritance occurs - by will or law. First, you should seek the services of a notary at the location of the property.

How to register at a dacha or SNT according to the new law from January 2019 | Legal Advice

Last update: 04/18/2019

Many citizens who have a dacha plot build houses on it, move there for permanent residence and receive registration there. Some do this by selling city apartments, essentially leaving themselves the only home in SNT.

But with the adoption of the new law on dacha registration in 2020, a lot of changes are coming to the existing way of life, including in the housing issue. Let’s find out in more detail what surprises await summer residents.

SNT were divided into three categories: country houses, gardening and vegetable gardening societies. In partnerships for gardening and horticulture, registration was impossible. On such lands it was allowed to build houses under a conditional purpose - “residential buildings ”. That is, you can live temporarily, but do not need to register.

But in dacha societies it was possible to have a “residential house”. A permanent building was being erected; at the request of the summer resident, a municipal commission was created, which recognized the house as suitable for habitation.

Further, such information was entered into the cadastre and Rosreestr. After which you can register in such a house, either temporarily or permanently. True, it was very rare to successfully pull off this business.

Basically, the “registration” issue was resolved through the courts.

During housing registration, the usual package of documents was submitted, plus an extract from Rosreestr about the country house. The passport officer saw that the housing was adapted for permanent residence and this address was written on the capital sheet in the passport.

How it will be from the beginning of 2020

From January 1, 2020, the concept of “ dacha ” is excluded from the legislation. This term remains only in colloquial speech and in informal references. We will also use this word in the article out of old memory.

Now there will be only horticultural and gardening partnerships.

In garden associations, citizens can build permanent garden houses and outbuildings.

In gardening associations, only temporary structures can be erected . There is no way to register with them.

So, if in 2020 and later you build a house on a garden plot, then registration at the place of residence there will be almost impossible. We'll talk about this below.

But this law does not cancel previous registration. Citizens who have already formalized their housing rights, for example, received registration at a dacha in 2020, retain their registration stamp.

There is a “bare” area (without buildings)

It will be possible to build and register real estate on such land only in 2020 and later. It is impossible to carry out state registration retroactively, even if the building is legalized through the court.

Whatever the building in the gardening partnership, housing registration in it is unacceptable in any case (this applies to new buildings!!!).

But whether it is possible to register at the dacha of a gardening partnership is another question. On a garden plot you can create a permanent garden house. After this the fun begins. To register your place of residence in it you need to:

1. SNT lands were within the boundaries of the settlement. On agricultural lands, registration of residence is out of the question. The exception will be those farmlands that have the permitted use of “gardening or dacha farming”;

2. in the territory where SNT is located, there must be town planning regulations approved by the municipality (in our reality this is a very rare phenomenon);

3. The constructed house must comply with urban planning regulations. In addition, the house should not be higher than three floors and 20 m and at least 12 m2 of total area, of which less than 6 m2 is for the kitchen;

4. there were year-round conditions suitable for living. That is, we need communications and a supply of energy resources. And you still need to go through the procedures for recognizing a building as residential:

positive conclusion of Rospotrebnadzor, fire service;
conclusion of a BTI expert on the satisfactory technical condition of the structure;
decision of the local administration commission to approve residential use.

After this, the house is registered in Rosreestr as a residential one. These documents are sufficient for successful registration in the building.

A residential building was built on the land (until 2020), but no one is registered there

There are no obstacles to registering at your place of residence. Moreover, even previous prohibitions are erased. That is, previously it was possible to move into summer cottages on a permanent basis only in a “residential building”, but not in a “residential building” (it is only for temporary stay, seasonal housing). Now there is no difference between a residential building and a residential building. All these dwellings are suitable for full registration.

You can legalize your place of residence in a garden plot. Of course, if our residential building officially appeared no later than 2018 inclusive.

Residential dacha with registration

Such houses, as they say, with a full package of social housing options. The owner can move in additional tenants, evict them, or de-register himself. Selling dachas with registration does not change anything. The new owner will be able to continue to carry out housing registration activities without restrictions.

Such houses are equivalent to individual residential buildings.

What documents are needed

There is absolutely no difference in how to register at a dacha under the new law or under the old rules. The documents provided are the same in both cases. It is only necessary that the status of the residential premises be suitable for permanent residence (this is described above).

Anyone who registers in the house must take the following package of documents to the MFC or the migration department of the Ministry of Internal Affairs:

Application for registration in form No. 6. It is written by the person moving in and signed by the owner.
Consent of other co-owners (if any). They write it in the presence of an employee of the MFC/migration department or have it certified in advance by a notary.
Document-basis for move-in. This is a lease, rental agreement or a special application from the owner to provide space.
Document for housing. He must confirm that the dacha has the right of registration. This could be an extract from the state register.
Passport of the person being registered. It is not only presented, but is handed over for a stamp to be placed on it.

Registration documents can be sent by mail. Then they are all certified by a notary. Or through the Internet portal “Gosuslugi”.

The average registration period is 7 days.

The result of the procedure: if the registration is indefinite - an imprint in the passport, if it is temporary - a certificate (a separate document).

As you can see, the registration procedure is standard. A distinctive detail is the need to confirm the residential purpose of the areas where it is planned to move in.

What actions and requirements are unnecessary?

The conditions for registration in a dacha definitely do not depend on:

opinions of the meeting of SNT members, the board or the chairman. No permissions or approvals are required from them;
membership in SNT. Registration/registration is allowed both on a site where the owner may or may not be a member (simply the owner). By the way, the other way around is not possible. When the owner of the plot is only a member of the SNT, but not the owner, then it is impossible to include himself in the residential meters;
area of land and residential premises. The number of people prescribed is not limited. However, fictitious registration is subject to administrative and, in particularly serious cases, criminal liability;
consent of neighbors on land plots;
arrears in payment of utility costs, membership and target fees, etc.

Each moving-in citizen and the owner to whom they register see the pros and cons of registration in their own way. All the advantages and negative consequences are the same as for a standard registration/discharge in a city apartment.

Briefly about the main thing

So, the first thing you need to register at a dacha in SNT is to find out whether the status of the house allows you to do the registration.

Rule No. 1: starting from 2020, only temporary structures can be built on a garden plot (a residential building, a residential building, etc. is not allowed). Without the right of registration.

Rule No. 2: starting from 2020, you can build a house on a garden plot on a foundation and recognize it as a dwelling (if it is in a populated area, there are city regulations, the building does not go beyond the norms, there are communications and the suitability for living is confirmed). There you can officially secure your place of residence.

Rule No. 3: if there is already a permanent house with a residential purpose (of any variation) on the personal land, then such a house is recognized as residential with the right of registration. Even if the first move-in takes place in 2019, 2020, 2021 and beyond.

Rule No. 4: the law on registration at a dacha does not cancel an existing registration. Except in cases where it is not established in court that the country house was registered with Rosreestr in violation of the law.

Rule No. 5: the sale of country houses with registration will not be grounds for prohibiting further housing registration procedures.

Regulatory requirements for a residential building:

solid, reliable walls and roof;
rooms and kitchen in the house should have windows with natural light;
the ground floor level is higher than the surface level around the adjacent ground;
ceiling height in the kitchen and living rooms is at least 2.5 m, in corridors and attic rooms at least 2.1 m;
availability of electricity, cold/hot water supply, drainage, heating, etc.;
year-round maintenance of the temperature in the house at least 18 degrees;
the number of floors is no higher than 3 (if the height of the house is no more than 20 m), if there is no central water supply in the area (wells are used), the number of floors is no more than 2.

Analysts say the new law is not fully thought through. Deputies promise that in the near future there will be additional clarifying regulations.

Ordinartsev Roman Valerievich

How to inherit a dacha

Otherwise, it will be difficult to sell the dacha in the future: the consent of all owners will be required.

Some heirs have a priority right to receive ownership of the dacha. For example, during her son’s lifetime, a mother actively used her summer cottage plot for its intended purpose: she grew vegetables, berries, and flowers there. After the death of her son, she will have the priority right to the dacha. In return, she will have to pay monetary compensation to other claimants or transfer to them her share in other property.

We recommend reading: Inventory report of funds upon transfer

The owner of the dacha can dispose of the dacha at his own discretion. He has the right to donate it, sell it and leave it as an inheritance according to his will.

The last field of the deceased will take precedence over the rules of legal inheritance. To make it easier for the heirs to take possession of the dacha, the testator should take care of drawing up a will during his lifetime.

This will avoid interpersonal conflicts between heirs.

Is it possible to draw up a gift deed for a minor?

In both cases, when drawing up a gift agreement between close relatives (children and parents or grandparents and grandchildren), the transaction is legally exempt from taxes. If the minor is not a close relative of the donor, then the transaction is subject to a tax of 13% of the value of the property specified in the agreement. The child's legal representatives must pay the tax and registration costs.

Also read: About the proportionality of debt and real estate when seizing

The only exception to the rules in which a child, after reaching 16 years of age, is recognized as fully capable and can independently enter into such transactions is the emancipation procedure. To pass it, confirmation of the child’s full financial and property independence is required (for example, having a job under a contract or engaging in entrepreneurial activity), the consent of legal representatives and the sanction of the guardianship authorities.

Re-registration of ownership of a dacha after the death of one of the spouses

env.

- Yugra, Chelyabinsk region, Chechen Republic, Chuvash Republic, Chukotka Autonomous Region. vicinity of the Yamalo-Nenets Autonomous District. okr. Yaroslavl region.

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It is necessary to register this land plot with the cadastral register and apply to the court for recognition of the right to a specific land plot, with a specific area and a specific cadastral number. But as the Supreme Court explained, even if the heirs have not completed the land surveying procedure, this cannot be a basis for non-recognition of their property rights in the order of inheritance. We can only hope that the lower courts will learn these nuances and, in future, when considering inheritance disputes, will be guided by the law and not by personal considerations. If discovered after

The procedure for re-registering a dacha to another person

Collect documents for the house and land. Order missing certificates, if necessary.
Obtain approval from your spouse for the transaction and have it notarized if the property was acquired during marriage.
Draw up a deed of gift. You will need three copies of the contract. If desired, the agreement can be notarized. Mandatory notarization is provided for when making transactions with shares of property. It is necessary to indicate that the deed of gift confirms the transfer of property, otherwise a separate acceptance certificate will have to be drawn up.
Register ownership rights in Rosreestr. To do this, you will need to pay a state fee.
Receive an extract from the Unified State Register of Real Estate.

This option is also possible if the owner does not want to part with the entire plot of land and the house. You can transfer part of the house and land. Such a transaction cannot be carried out in all cases, but only when the footage allows it.

Re-registration of a summer cottage to another person or relative

If the plot is non-privatized, then it is most likely owned by SNT, on whose territory the plot is located.

For a person who has not encountered anything like this, it will be difficult to re-register land alone. And we must not forget that when drawing up orders or receiving them, it is necessary to carefully check all the data relating to the objects and participants in the transaction. For convenience, we will compile step-by-step instructions according to which you can act.

List of circulars:

Cadastral passport;
act of acceptance and transfer of land;
transaction agreement signed by all participants;
copies of orders identifying the parties to the transaction (passports).
documents for residential and non-residential buildings;

If the land was purchased from the previous owner during marriage or there are several owners of the plot (shared ownership), then permission from them, certified by a notary, is required.

Registration at a dacha in SNT in 2020: Instructions on how to register

Temporary or permanent registration of citizens at their place of location or residence is their responsibility. Violation is punishable by a fine. Fulfilling this duty requires the availability of living quarters. It's not just apartments and houses. Registration at a dacha in SNT is possible from January 1, 2020.

Answers to questions about the possibility of registration at a dacha in SNT from January 1, 2020.

How to register at a dacha in 2020?

The abbreviation SNT hides not only gardening non-profit organizations, but also gardening ones. Each of the SNT participants can have a building on the territory of the site that is intended for residence. The legislator limits the list of housing in which you can register.

In particular, this concerned country houses. The argument is that they are not suitable for living all year round. Therefore, members of a housing association may be denied an application for registration. The reason is that the living space does not meet sanitary standards.

: Which dachas will be demolished in 2020

On July 29, 2017, Law No. 217-FZ was adopted, which introduces changes to some existing regulations and regulates the procedure for maintaining gardening and vegetable farming for the needs of citizens. The peculiarity of the act is that it excludes such a concept as a dacha. There are only two types of partnerships left - horticultural and vegetable gardening.

These are associations of citizens who work on the land to satisfy their own needs. That is, such persons have either a garden residential building or a country house. Depending on this, the owner faces different consequences in the context of registration.

Registration in a garden house

The legislator indicates that registration in a garden house is impossible. Such buildings are initially intended for seasonal residence; they are part of a land plot, and therefore are not registered separately. Therefore, when applying to government authorities for registration in such premises, the applicant will receive a reasoned and legal refusal.

Registration in a country house

In this case, we are talking about a building that: Has all the necessary communications: gas, electricity, water, sewerage;
Must be subject to state registration.

According to the law, temporary or permanent registration can be issued in such a residential building.

How to obtain permission to register in SNT?

How to obtain permission to register in a country house in SNT

Have a residential building that is not a garden house;
Register ownership rights to it;
Make sure that the house is located on land intended for agriculture;
Submit an application to the territorial bodies of the Office for Migration Issues (UVM), they are located in the buildings where the passport office (FMS) used to be located.

The application must be accompanied by the necessary documents: passport, title documents for the residential building. But not in all cases the house is officially registered as a country house or residential. In this case, there will be a procedure for transferring the building to the desired category.

Recognition of a house as residential for registration at a dacha in SNT

This can be done by contacting local authorities. They make an advisory decision based on the owner’s application. The housing specified in the application must be examined for compliance with the requirements of housing legislation. The procedure is carried out on the basis of Article 23 of the RF Housing Code.

Applicant's passport;
Title documents;
Two plans: floor plan and with technical description;
Conclusions from the fire inspection and SES on the possible use of the building as a residential building.

Additionally, you must submit an official reconstruction project. It is necessary if it is not possible to convert the building into residential without such changes. In addition, local government officials will require an examination of the condition of the building. To do this, you will have to apply to specialized companies with a construction and technical license.

After submitting an application with all the specified documents, a commission is created at the local government authority. Its members study the submitted documents, on the basis of which they make a decision.

For reference! Fire inspectors, SES workers or an expert can refuse to recognize a building as residential. In this case, contacting the local government does not make sense.

If the commission does not satisfy the application, the owner has no choice but to go to court. If deficiencies are identified by other institutions, they must be eliminated and the inspection re-initiated

Recognition of a country house as suitable for habitation through the court

The decision of the special commission to refuse the application can be appealed. To do this, a lawsuit is filed in court. It must specify the following requirements: establish that the existing property is suitable for habitation all year round.

Expert;
Fire inspector;
SES worker.

If all these conclusions are positive and allow year-round living in a building owned by the plaintiff, the defendant, represented by the commission, can present his own expert opinion. It will contain other information. Both experts will be called at the meeting, and if neither of them is convincing, a forensic examination will be ordered. Its results will become the basis for the decision.

Registration in SNT through the Federal Migration Service

Queue at the Federal Migration Service

As soon as the issue with the real estate is resolved, the legal fact is established that the building allows you to live in it year-round, a visit to the nearest territorial body of the Federal Migration Service (from April 2016 - UVM) will take place. It contains an application filled out on a formalized form. The application must be accompanied by a passport, title document, house register, commission permission or court decision.

Price and terms of registration in SNT

The cost and timing of registration in SNT depends on all stages. Deficiencies found by the fire inspectorate or SES, refusal by the commission, lawsuit proceedings - all this significantly delays the procedure and terms of registration. Without them it will take about 5-6 weeks.

Despite the absence of a state fee, the procedure will require various documents and permits. And these are costs in the amount of 30 thousand rubles.

Rewrite the plot after the death of the husband

If you actually took possession of your husband’s property (for example, you were registered and lived together in a shared apartment), then you contact a notary and she will issue a certificate. If the notary refuses, then you go to court with a claim to establish the fact of acceptance of the inheritance and recognition of the right of ownership of the property.

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You will have to prove ownership.

If you have already contacted a notary after the death of your husband about accepting the inheritance and have already accepted something, then simply submit the documents for the land to the notary and they will issue you a certificate. 09 February 2020, 15:14 0 0 672 responses 310 reviews Chat Free assessment of your situation Lawyer, city.

Moscow Free assessment of your situation Good afternoon, if, according to the Civil Code of the Russian Federation, Article 1152. Acceptance of inheritance.2. Acceptance by the heir of part of the inheritance means acceptance of the entire inheritance due to him, no matter what it is and no matter where it is located.

Is it possible to register at a dacha or garden plot, temporary registration

Country living is not only gaining popularity, but is also showing signs of a widespread nature, so summer residents reasonably ask whether it is possible to register at their dacha.

A completely normal desire is supported by the law on freedom of movement, but on the other hand it is limited by various laws on the intended purpose of land plots and registration rules.

The laws updated in 2020 expand the rights of citizens, but require the fulfillment of a number of conditions, which are worth understanding.

The importance of registration

Despite the abolition of the registration law, the very concept of “registration” has been preserved and implies registration of the main place of residence. Why is registration required at the dacha? The answers are quite simple and logical:

Registration in Russia is carried out at the place of residence where the citizen lives most. If a person spends most of the year in a suburban area, then it is logical and correct from the point of view of the law to register in a dacha.
Registration is necessary to obtain civil and social rights, i.e., receiving medical and social services is possible only at the place of residence. If you have a residence permit many tens of kilometers from your main place of residence, then to go to the hospital you will have to travel a long distance or call an ambulance.
“Binding” to a specific address is also important when applying for work or study, since there are additional laws at the level of the region and large cities such as Moscow that limit or expand the rights of a citizen.
Payment of bills for received utility services is also carried out according to permanent residence data, therefore, from an economic point of view, it is more profitable to have a residence permit outside the city and pay rural tariffs than inflated bills of large cities.

Is it possible to register at a summer cottage?

Note! Even if there is no desire to change permanent registration, in order to obtain social and civil rights, it is advisable to apply for temporary registration at the dacha.

Conditions for registration at the dacha

How long can you live without registration?

In accordance with current legislation, it is possible to register at a summer cottage, but a number of important requirements must be met:

It is necessary to confirm the need for such registration, i.e. the statement itself that the stay will last more than 90 days is sufficient. If permanent registration is issued, the citizen must be detached from his previous place of residence. Temporary registration does not require such conditions.
The ownership of the real estate where registration will be carried out must belong to the person who registers. Registration of other citizens is carried out with the written permission of the owner.
The land plot and housing construction must be officially registered and have the category of individual housing construction (individual housing construction) or SNT (garden non-profit partnership). The dacha must be located within a populated area with a sufficiently developed infrastructure. The category of land for agriculture is not included in the list of possible registration.
Before registering on a dacha plot, it is necessary to obtain a court decision on the possibility of obtaining registration, since SNT lands may not be included in the list of permitted territories for capital development.
The house itself, where registration will be carried out, must meet the requirements of a permanent home, and documentation of suitability for permanent residence is required, as well as registration of the property with the cadastral register.

Examination of the dacha

Important! When wondering whether it is possible to register on a summer cottage, it is recommended to weigh the pros and cons, and also pay special attention to the requirements of residential housing construction.

It is possible that in a particular case, completing the registration task will be very time-consuming and expensive, because to achieve the goal, complete documentation of ownership of real estate is required, including assignment of an address.

Requirements for a garden house for registration

Temporary registration: for how long can you register?

Registration at a dacha: how to implement it in practice - this is very difficult, because house construction itself must meet a number of requirements and pass state examination:

It is necessary to have documentary evidence that the dacha area has a construction permit, i.e. permanent residential buildings can be erected.
The building must be registered with the Rosreestr service as residential with a passport issued.
Housing construction must be assigned an address within a locality with a sufficiently developed infrastructure, which includes a store, pharmacy, post office, preschool and school institution.
A forensic technical examination must confirm the suitability of the house for year-round living, i.e. not only all centralized energy communications must be connected to it, but heating must be organized. The examination is possible only at the request of the owner and is carried out on a paid basis.

Features of the examination

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There must be communications connected to the house, and all wiring around the house must also be organized and meet the established standards and requirements of SNiP. Particular attention is paid to natural lighting, which must be within the established norm.

The structure must have a solid foundation, and measures must be taken to prevent flooding by river or groundwater.

Load-bearing structures and internal partitions, as well as floors, must be intact and without signs of destruction.

Requirements for placement of buildings

The insulation of the house, as well as the heating system, must ensure that the year-round temperature is not lower than 18 degrees with a humidity of no more than 80%.

The area of the building limits the number of registered citizens. In accordance with the norm, there must be at least 12 m² per resident.

Compliance with the requirements allows the home to be recognized as suitable for living with state registration, and the procedure for registering a place of residence comes down to two important steps: registering the home with the BTI and obtaining an address, submitting an application to obtain registration in a country house.

Additional Information! After submitting an application, a commission is created to conduct an examination of the building and obtain approval, which includes a cadastral engineer and representatives of the local administration.

The inspection is carried out both externally and internally with measurements of all premises, including auxiliary ones. The result of the examination is the drawing up of an act indicating all comments that may become the basis for refusal to recognize the housing construction as residential.

Frequent reasons for refusal are gross violations of SNiP and sanitary hygiene rules. Only elimination of comments gives the right to re-submit an application for examination.

Registration procedure at the dacha

Based on the new legislation, since the beginning of 2020, simplified rules have been in force on how to register at a dacha, and you will need to collect a package of documents:

Application for registration specifying permanent or temporary registration.
Passport of the person submitting documents for registration.
Technical documentation from BTI for house construction.
Documents confirming ownership of land and housing construction.
Receipt of payment of the registration fee.

Documents for registration

The collected package of documents must be submitted to the FMS office or MFC at your place of residence. Submitting documents can also be done remotely electronically through the government services portal in the form of scanned documents, but personally applying and providing a package of documents is still necessary to obtain a stamp authorizing registration in the garden.

Data processing and registration lasts no more than 10 minutes. Unfortunately, despite the current legislation, the Federal Migration Service may refuse registration, but the response must indicate the reasons.

You can challenge and obtain the opportunity to register a dacha plot in court, but it is advisable to go on the “warpath” only with the support of a lawyer.

How to register an inheritance for a dacha after the death of parents

There are two options.

According to the law, a condition for registration will be relationship with the testator.
By will - it is necessary to have a will drawn up by the testator - the owner of the land in favor of the recipient of the inheritance (certified by a notary).

The first step in registering a dacha and a plot of land by inheritance will be the opening of an inheritance case.

transfer of the application to a notary at the place of residence of the testator. According to the law, heirs will enter into inheritance rights in accordance with the order. provided for in Art. 1142-1145 and 1148 of the Civil Code (Civil Code) of the Russian Federation.

The heirs will inherit property according to each subsequent order, if there are no heirs of the previous orders or they are excluded from inheritance (Article 1117 of the Civil Code of the Russian Federation), they are deprived of the inheritance, the inheritance is not accepted or they refuse it. In total, according to the law, there are eight lines of heirs.

In case there are no heirs of the first three stages.

How to register with a child at the dacha

In this case, the applicant must provide all the documents listed above, as well as a statement confirming the “residential” status of the house. If your desire to register in a country house is justified by the necessary conditions for this, the court will not be able to refuse you.

After the decision comes into force, registration at the place of residence is registered with the Federal Migration Service. Is it worth it? Having overcome the “bureaucratic jungle”, you will receive a dacha registration.

But was the game worth the candle? Before you begin the “siege” of government agencies, you need to have an idea not only of the advantages of registering at a dacha, but also of its disadvantages. • Increase in annual housing tax.

With the advent of 2020, this criterion has increased its importance, because now the basis for calculating real estate taxes is the cadastral value of housing, which is slightly higher than the inventory value. • “Nobody's” territory and infrastructure.

Is it possible to register a child at the dacha?

the entire plot and buildings on it must belong to you personally (confirmed by documents);
there is no other registration (if there is such registration, then you will have to sign out);
you have the court’s permission to register at your dacha plot in your hands;
the dacha itself is located in some populated area (land intended for agriculture is not suitable for registration);
the requirements for country houses and plots that are established by the relevant clause of the law of the Russian Federation must be met (the house must be suitable for year-round living in it).

Dacha houses and requirements for them In 2013, in connection with the adoption of the bill on registration in dachas, the term “individual residential house” was introduced into Russian legislation.

Registration at a summer cottage in 2020

Registration is the citizen’s residential address. It can be temporary or permanent.

If a citizen must be absent from the region of his permanent residence for more than 90 days, he is required to obtain temporary registration in the region where he will reside during this period of time.

Basically, citizens register in an apartment or in a house where they permanently live.

Many people also buy a dacha. This is a great place to relax from the city noise.

Among Russians, permanent residence in a dacha is becoming increasingly popular.

Many people prefer to move to their country house and live in a relatively calm environment.

In such a situation, the question arises about the possibility of registration at the dacha.

SNT is no exception.

Is it possible to register at your dacha in SNT and what do you need for this?

The structure must have a foundation, a ventilation system and fully comply with all building standards established by law, and these are the main conditions necessary for registration in SNT Difficulties Of course, legislation makes it possible to register in SNT, but in practice certain problems may arise. One of the most common problems in practice is the lack of conditions necessary for living in a house all year round. Very often, country houses do not have all the necessary communications, especially for living in them in winter.

Mostly there is electricity, but no drinking water or sewerage.

Is it possible to register in SNT

Registration of citizens is an essential and mandatory condition, especially for minors.

Therefore, the question: is it possible to register a child in an apartment where the parents are not registered often arises when there is no natural opportunity to register him with his mother or father.

Legislation and guardianship services prohibit the discharge of minor children if there is no guaranteed option for subsequent registration, and also ensure that the living conditions of the children are no worse than the current ones.

This aspect is relevant when children have already been registered once.

How to register at a dacha according to the new law in 2020

According to experts, the law that allows you to register in a dacha building is quite contradictory in itself, that is, it legitimizes and explains exclusively the fact of the action itself, but does not fully establish the mechanisms and principles of its implementation.

The lack of necessary specifics in such an important issue is the reason for the “inoperability” of the usual algorithm of the registration process through the Federal Migration Service - come, submit an application, register. If the Federal Migration Service gives a refusal, you can appeal it in a “pre-trial” way.

As a rule, for this purpose, they turn to the head of the structural unit of the territorial body, then to the head of the territorial body and, at the end of the process, to the director of the FMS and his deputies.

But, as practice shows, citizens often have to seek compliance with their constitutional rights through the courts.

Is it possible to register at a dacha and how to do this in practice

If you want to find out how to solve your particular problem, call Moscow8 St. Petersburg or, if it’s more convenient for you, use the online consultant form! All consultations with lawyers are free.

Registration is the registration of a citizen at his place of residence. It is used to control population migration and is required in administrative and other organizations: for employment, attending an educational institution and other matters. It is important to know: lack of registration is punishable by a fine. A citizen can register only in a designated place: apartment, room, house.

How to re-register a dacha in the name of a husband after the death of his wife

for the house and 200 rubles. per plot. Important: inheritance tax is not levied in the Russian Federation today.

fb vk tw gp ok ml wp Fig. Nikolai VORONTSOV Photo: Fig.

Nikolai VORONTSOV “I WROTE A REFUSAL, AND NOW I WANT TO GET MY SHARE” After my mother’s death, I signed a waiver of inheritance in favor of my brother.

Later it turned out that I did this in vain and part of my mother’s inheritance - the country house - should belong to me, especially since my brother does not want to deal with the registration. Can I now take back my refusal, cancel it and how to do it? If not, what other options are possible?

— Refusal of inheritance cannot be taken back.

Attention Moreover, based on the article of the Civil Code, which clearly states that the property remaining after the death of the testator can be accepted by his heir if it was received by the testator legally.

Other

Registering a house for a child: pros, cons and nuances

The scheme for drawing up a share participation agreement and subsequently ownership rights to a child depends on the age, and as a consequence, the legal capacity of the citizen. Children under the age of 14 can purchase and sell real estate only with the permission and assistance of an official representative - parents, legal guardians, adoptive parents or guardianship authorities. To purchase real estate, the presence of a child under the age of 14 is absolutely not necessary; the contract states that official representatives act in his interests and they retain the right to sign. Children aged 14 to 18 years can make real estate transactions only with the written permission of official representatives, which is reflected in the contract, while they have the right to sign and can independently defend their interests. Moreover, if they wish to sell housing registered for a child, his official representatives must obtain permission from the guardianship authorities. In accordance with Article 37 of the Civil Code of the Russian Federation, “a guardian does not have the right, without the prior permission of the guardianship and trusteeship authority, to carry out, and the trustee does not have the right to consent to, transactions involving the alienation, including the exchange or donation of the ward’s property, leasing it out, for free. use or pledge of transactions entailing the renunciation of the rights belonging to the ward, the division of his property or the allocation of shares from it, as well as any other transactions entailing a decrease in the property of the ward.”

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How to give a dacha to your son

Therefore, transferring a house without a plot is impossible. This requirement is noted in Article 35 of the Land Code of the Russian Federation. To carry out a transaction, the agreement indicates the desire of both parties.

The donor agrees to give the gift, and the recipient agrees to accept it. In this case, only the first participant has obligations. It is important to remember some prohibitions and restrictions that are established during the transaction. They relate to the subjects of the contract and the rights of owners when the object is in common ownership.

The rules for regulating such situations are prescribed in Articles 575 and 576 of the Civil Code of the Russian Federation. The dacha is considered a real estate property.

Therefore, ownership of it is subject to mandatory registration, as noted in Article 131 of the Civil Code of the Russian Federation.

Therefore, the gift agreement has only written form. Termination of the transaction is carried out by agreement of the parties before the transfer of the gift.

Only the donor can cancel it if there are compelling reasons for this. Sample deed of gift of a dacha To draw up a deed of gift between close relatives, you need to remember several important steps. At the initial stage, a gift agreement is drawn up and signed.

It can be in simple written form. But often citizens turn to a notary to certify a transaction.

Despite the fact that this procedure is considered common, citizens are not required to visit a notary office when drawing up a document.

This is due to the fact that the Civil Code does not contain provisions regarding this requirement.

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How to register and sell a child’s property?

However, the procedure for registering the child’s rights depends on the type of property to which the minor has ownership rights.

One of the grounds for classifying property is its division into movable and immovable (). By real estate, the law understands land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, unfinished construction projects, as well as air and sea vessels, space objects.

All other property (i.e., not classified as real estate) is movable.

With rare exceptions, ownership of movable property is not subject to state or other special registration. For example, when buying a blanket, TV or food for a child, you do not need to go with a package of documents to a certain government agency and register the resulting ownership. As a rule, a purchase and sale agreement is concluded in a simple written or oral form, possibly with a provision for payment in installments.

With regard to real estate, the law establishes an unambiguous requirement for mandatory state registration of ownership of it.

Moreover, it is the right itself that is registered, regardless of the basis on which it was acquired (court decision, purchase and sale/exchange/donation agreement, certificate of inheritance). In this case, ownership

Re-registration of the dacha to another owner of the MFC

How to re-register a land plot to another person is regulated in the codified acts of the Russian Federation. The procedure for registering a land plot includes registration of ownership rights to real estate. If the owner decides to transfer the land to another person, he will have to go through several procedures depending on the nature of the transaction (purchase and sale or donation). People often ask questions about how to re-register a plot of land to a relative and how much does it cost? There is nothing complicated about this. However, there are nuances associated with land surveying and the cadastral value of the land plot. These indicators affect the final amount of re-registration. Re-registration of a plot of land in favor of another person Legislation protects the rights of owners of a plot of land. So, according to Art.

In this case, it will be possible to register the land in six months, when the right to inheritance is formalized. These points are explained in more detail in Section 5 of the Civil Code of the Russian Federation. The procedure for entering into an inheritance can take place both through a notary and in court. If there is a need to transfer a plot of land to a husband, wife, son, daughter, parents or other relatives, then you can issue a deed of gift.

Where to re-register a dacha from one to another

First, clarify the possible nuances of the procedure, how neighbors register their plots. Interview the owners of nearby plots; surely someone has had experience with the registration.
Before re-registration it is necessary to carry out land surveying for the area.

The state fee for the provision of services for re-registration of rights must be paid in advance, attaching a receipt to the package of documents, a copy of which must also be made. After submitting the application, you should ensure that the responsible employee immediately registers it and issues a receipt for receipt of documents, with their full list, date and his name.