"Dacha amnesty". What is it and why is it worth registering?

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Published: 07/09/2017

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Citizens' dacha plots are often used by citizens without ownership rights to them; this imposes a number of restrictions both on the use of the plot for construction and on the possibility of selling or inheriting such a plot.

Citizens can register ownership of their plots of land free of charge, provided they have the necessary documents.

• Finding a summer cottage plot on land that is not registered as property
• How are property rights registered? Preliminary stage
• Collection of documents
• Registration procedure

Why privatize a summer cottage?

Privatization of such real estate is the registration by the summer resident of ownership of state land provided by the municipal authorities. This procedure is not mandatory, but still, if the summer resident has plans for this land, then it is necessary.

You need to privatize a garden plot in order to have the right:

• Carry out any legal transactions with the site.
• Rent out the cottage.
• Pass it on by inheritance.

Finding a summer cottage plot on land that is not registered as property

The exploitation of plots for dacha farming that are not registered as property can be carried out on the basis of the following types of rights:

• Lifetime ownership right;
• Right of unlimited use;
• Lease right from the municipality;
• Right of free use.

In all of the above cases, the lands of the dacha plot are owned by the state (municipal body). Citizens using dacha plots on these grounds have the right to register ownership of these plots if they were received before October 2001, in accordance with Part 4 of Art. 7 of Law No. 93 (“dacha amnesty”).

The law on “dacha amnesty” provides for a number of simplifications in the procedure for registering ownership rights to dacha plots by citizens, in particular:

• Reducing the state duty to 100 rubles;
• Elimination of the need to carry out boundary work at your own expense;
• Simplified procedure for submitting documents.

Legislative regulation of the provision of summer cottages into the personal possession of citizen land users is also carried out by paragraph 2.7 of Art. 3 of Law No. 137 “On the Introduction of the Land Code”, which defines the following mandatory conditions for free registration of land plots as property:

• The land was provided to the dacha cooperative until October 2001;
• The dacha plot, subject to registration as property, was distributed in favor of a member of the cooperative by decision of the general meeting;
• The plot is not withdrawn from land circulation and is unlimited in it.

It is important to remember that the date of commencement of use of the dacha plot by a person who is a member of the cooperative does not matter; only the date of distribution of the land in favor of this cooperative from among the municipal lands is important.

What to do if there are no documents?

There are cases when a summer resident cannot find any documents that establish his rights to use such a plot of land, especially if the plot was issued for use back in the USSR, which was then a common practice. Without such papers, the privatization procedure becomes more complicated, since a person will need to prove the rights under which he uses the dacha plot.

To do this, he should contact the authorized bodies that issued this land. In most cases, it is represented by the local administration, which means that the summer resident must contact its boss with a corresponding request. The application must indicate all the information that is known about the receipt of the plot, for example, when and to whom it was issued, its address and cadastral characteristics.

Reference! You also need to write there whether there are buildings on the land plot and how the plot was used.

Also in the text of the application you need to write a request for the issuance of a title document and permission to privatize the land. If the administration makes a negative decision on the request, it can be challenged in court.

How can you speed up the process of registering home ownership?

If everything is in order with your documents, then, in principle, the process of completing the documentation will not take much time. This means you can quickly get the statement you need. If you need to get a certificate reflecting ownership quickly, we recommend following these tips:

• Use the services of intermediary companies. It must be said right away that the process of collecting documentation and preparation will be seriously accelerated. However, you must understand that such services actually come at a high price. For example, for the services provided when decorating a house in the Moscow region, companies charge at least 35 thousand rubles. But such cooperation will allow you to get the prospect of a serious reduction in time. In addition, you will be confident that all your documents will be checked and in case of discrepancies, all necessary changes will be made. That is, as a result, you receive an extract on the right to property without any special difficulties or problems;
• You can use the service of submitting an application for an extract online. Let’s say right away that the government services website is actively working today. You need to first complete the registration and authorization process. Remember that documents that are received through this portal to the registration chamber are processed first. The execution time for such requests is no more than 24 hours. It is for this reason that this method can actually become the basis for serious time savings;

Indicate the need for urgent receipt of an extract in the application. You can also indicate in your application that you require all actions to be carried out urgently. In fact, this will indeed help to obtain a shorter registration period, but will become the basis for an increase in state fees.

Step-by-step instruction

Read more about the procedure for privatizing a summer cottage.

Collection of papers

In addition to the papers that confirm the right to use the dacha plot, other documents will be required for privatization, namely:

• An extract from the Unified State Register indicating who is the owner of the land being registered.
• Cadastral passport.
• Papers about the presence of buildings on the site.

If the summer resident does not have a cadastral passport in hand, then the applicant must draw up a site plan that illustrates the location of the boundaries of the land plot relative to other sites and roads. This plan must be certified. This can be done from the management of the dacha cooperative.

A certificate of buildings can be obtained from the BTI. In such a document, residential premises and garages must indicate such information as the number of their registration certificate and their characteristics, and buildings for economic purposes must be indicated in a separate list, which must be certified by the dacha cooperative.

Drawing up an application

After the applicant has collected all the necessary documents, he must write an application to the land resources committee, if the site is the property of the municipality, or to the local branch of the Federal Property Management Agency, if the land is the property of federal or regional authorities.

The application form for this type of privatization was approved by Order of the Ministry of Economic Development No. 622. It must contain the following data:

1. the organization to which the application is being submitted;
2. Full name and address of the applicant;
3. address of the site they want to privatize;
4. category of land and its purpose - summer cottage construction;
5. the presence of any encumbrances;
6. type of right to use the dacha plot;
7. details of the document that establishes the rights to use land and structures;
8. a list of buildings located on the land plot (whether it is necessary to privatize the house and all buildings, including unfinished ones, after the privatization of the dacha plot and how to do it, read here).

When submitting an application, the citizen must be given a receipt for the documentation.

Read more about what documents are needed to privatize a summer cottage and how to draw up an application in a separate publication.

Payment of state duty

According to Federal Law No. 93, the procedure for privatization of dacha plots for 2020 is free. But the applicant will have to pay a state fee of 200 rubles for property registration services. It is paid after receiving permission for privatization.

Appeal to a government agency

After a citizen has received permission for privatization, he needs to contact government authorities in order to register the right to property. The authorities that deal with this issue are Rosreestr and the MFC. To register the right to a dacha plot, the applicant must provide these authorities with the following documentation:

• copy of passport;
• cadastral passport for the plot;
• received permission to privatize the land plot;
• receipt of payment of state duty.

This procedure is carried out within 14 days.

After its completion, the citizen is recognized as the official owner of the dacha plot.

Why do you need to register your home as your own?

Ownership determines the entry of a person’s data into a unified register. If you have some kind of building built on a plot of land, then you need to register everything correctly. However, experienced experts recommend immediately carefully studying the legal background of the issue. The thing is that the design structure will depend on numerous nuances. If you are registering a full-fledged house that has the required postal address, then the registration process is carried out by contacting Rosreestr, based on the title documents that you have in your hands. If we are talking about a small house on a garden plot, then in this case, such construction does not require permission, and registration of such a structure is not mandatory. But it is still advisable to perform such actions. After all, if your data is entered into the register and you are the full owner, then you have the right to dispose of this building at your own discretion. You can carry out the procedure of sale, registration of deed of gift, will, etc.

If we are talking about the desire to build a building on a site that is intended for individual construction, then you need to initially carry out the design procedure, and then contact the local authorities to obtain permission to carry out construction activities. Only after this will it be possible to correctly carry out the procedure for registering an object.

That is, from a legal point of view, an object does not exist until it is included in the unified real estate register. This register was created in order to provide maximum control over the issue of property rights and carry out a procedure for protecting the interests of the owner. The presence of such a database allows us to eliminate numerous problems that previously arose specifically in the context of fraud.

It is quite obvious that an object can be built and exist, and you can use it, live in it. But until his data appears in the register, you will not be able to carry out legally significant procedures. That is, you will not be able to sell this object, donate it, or draw up a will. Rosreestr is the authority that carries out the process of registering ownership of a house. You can contact this structure indirectly. For example, today it is possible to carry out registration actions through a single multifunctional center. In this case, you submit the same package of documents and draw up an application, but the processing time will be longer. However, many are confident that this method of registration is the most rational, as it allows for the prospect of a more comfortable structure for obtaining the necessary extract of property rights. In fact, the specialists of the multifunctional center independently carry out the process of filling out the application. The applicant simply signs it. You can also get detailed advice on registration and a list of documents. You can pay the state fee directly at the multifunctional center. In such centers, special terminals are installed, and employees provide maximum assistance in the process of entering details. This requires minimal investment of time and effort.

The thing is that when you contact Rosreestr you will have to spend a considerable amount of time waiting for your turn. After which you will have to suffer with filling out the application. It should be taken into account that certain errors and omissions in such a document may cause refusal of registration. Then you will receive the details and will have to look for a bank to make the payment. That is, in essence, you reduce the time spent on checking documentation (you will receive an extract a few days earlier), but you may encounter a number of difficulties that will require significant effort.

Among other things, you will need to independently calculate the deadline for receiving the certificate and visit Rosreestr on the appointed day. It is not a fact that your document will be ready; perhaps you will be told that you should come tomorrow. And this is also a certain waste of time. The multifunctional center uses an SMS notification structure.

There is another possibility of registration through cooperation with third-party companies. Of course, you will have to pay for the services provided, but on the other hand, the specialists have significant experience in this matter and will be able to correctly prepare the documentation on the basis of which all registration actions will be performed. Essentially, you hand over documents, draw up a power of attorney, and all the formalities are carried out by experienced specialists.

The structure of home ownership registration is quite simple. However, you need to take into account that all of the above actions can only be carried out if you have title documents defining your right to clearly defined property.

Reasons for refusal

In some cases, the authorities may refuse the applicant privatization. The reasons for this may be:

• errors or inaccuracies in the application;
• lack of documents;
• the applicant has already privatized another plot of land;
• The site has already been taken out of use.

In the first two cases, the applicant must submit all missing documents or correct the application and resubmit it. In the third case, the plot can only be obtained by purchasing it from the state. But if a plot is withdrawn from circulation, then it is impossible to privatize it.

From this article it becomes clear that privatization is a very important thing if a person wants to dispose of a summer cottage at his own discretion. Thanks to the information provided here, this procedure will be quite simple to do and carry out.

Nuances of designing a country house

Depending on the type of property and the stage of construction, there are some features of the procedure for registering a garden house.

Unfinished

How can you register a residential building on a garden plot if it is not yet completed? In fact, there are three ways to add an object to the registry:

1. Obtaining permission to carry out construction work and further registration of the house in the usual manner.
2. Registration of the object as a self-construction after completion of construction. But you will have to pay a fine of 2,000 rubles.
3. Registration based on declaration.

It should be borne in mind that after the adoption of Law No. 218-FZ, the latter method involves certain difficulties. Previously, it was possible to indicate approximate indicators in the declaration, but after recent amendments to the legislation, only accurate data are accepted.

How to convert an existing dacha into a residential building

If we are talking about a country house that is used only for temporary stay (for example, during the period of gardening work), then registration is carried out according to general rules with the provision of a standard package of documents, including a technical plan of the house.

Deadlines for registration

Moreover, if the land was received before 2001, when the Land Code was adopted, their privatization is carried out according to an accelerated free option. Such documents are equal in importance to those issued after this date. To be able to take advantage of the simplification, the land plot must be received before October 30, 2001. In terms of validity, the program is designed for those who own a residential building - until 03/01/2018, and for summer residents - until 01/01/2020.

The registration deadlines are relevant for residential buildings, the owners of which have permission to use them as an individual residential building or buildings for running a personal subsidiary plot. Those who do not have time to complete the necessary documents about the simplified procedure before 03/01/2020 will have to register according to the usual procedure, having received permission to build the facility itself. In the absence of permits for construction, a house or other capital structure may be recognized as an unauthorized structure.

Stages of registration of ownership of a plot

The main stages of privatization of a plot in a dacha cooperative include:

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1. Contacting the local administration:

• Submitting an application for the provision of a plot and a package of necessary documents to the municipal body in charge of land relations.
• Review by the authorized body of the application and submitted documents. Based on the results of the review, a decision is made to provide the site or to refuse it. Refusal is possible only if the law prohibits the transfer of such land into private ownership. The duration of this stage is no more than 2 weeks.

• Application of the owner of the plot to Rosreestr to obtain an extract on the main characteristics of the land plot from the Real Estate Cadastre, which has been included in the Unified State Register of Real Estate since 2020. This document will be needed to register ownership of the plot; it is completed within 3 working days.

• Purchase application form land ownership rights in gardening

  Contact Rosreestr:

  Read also:  Sample act of establishing the boundaries of a land plot
• Submitting an application for registration of the right to the site and a package of necessary documents to the Rosreestr department.
• The Rosreestr service checks the submitted documents and enters a record of ownership in the register. The duration of this stage is 7 working days (9 if documents were submitted through a multifunctional center).
• Receipt by the owner of the plot of land an extract confirming his ownership of the land.

How to properly register a dacha as property

First of all, you need to collect a complete list of documents that are required to register property rights in accordance with current legislation.

Next, you will need to go through the registration procedure for all buildings that are located on the territory of the land plot in question. To do this, a special declaration for buildings is drawn up, which will indicate the year of their construction, a list of materials from which the property was built, as well as an indication of the owner and the assigned cadastral document number.

All this will need to be completed on a specialized form received from the Technical Inventory Bureau. After providing all the necessary documents to representatives of government agencies, they will have a month to complete the necessary papers.

Design features

It is necessary to register a house using a simplified mechanism, because upon completion of the “dacha amnesty” you will have to prove your rights to your own dacha house in court.

It is worth understanding that you can claim your rights to a country house, even if you own land, only by registering your rights with the Registration Chamber. All operations and collection of documents must be carried out only at the location of the property. Upon completion of registration, the relevant data is entered into the state register. All documents are marked, and the owner is given a certificate of ownership.

If the country house was built without a design, and there are other buildings on the territory, their location must comply with sanitary standards, otherwise it will simply not be possible to draw up the documents. In particularly difficult cases, a fine is imposed, and the owner may be visited by a bailiff. In addition to the fact that a fine will be paid, the owner must also eliminate all discrepancies at his own expense.

Dacha amnesty for home

The dacha amnesty appeared in 2006 on the basis of current legislation. She made some changes to the acts, thereby simplifying the acquisition of property rights from property owners.

The bottom line comes down to this:

• Organization of the transfer of property into the ownership of the owner free of charge.
• Minimum number of documents to be submitted to government agencies.
• Processing documents quickly.

Let's celebrate! The dacha amnesty allows you to register land plots with real estate on them that were received by people before October 1, 2001 for the purpose of farming, as well as for the construction of any type of buildings.

How to apply for a dacha amnesty?

To register a house under the dacha amnesty, you should collect the necessary package of documents:

• Owner's passport.
• Technical passport or declaration for the object.
• A document confirming the right to own the site and building.
• Cadastral land plan and construction passport.
• Payment of state duty.

Good to know! Registrars check the documents provided and, if all are present, issue a certificate of ownership. This occurs within 30 calendar days after submitting the application and additional documents to the government agency.

Everything about the privatization of a country house: is it necessary if the land is owned?

It is possible to privatize a country house from 2020 if you have a cadastral passport. Such a document is prepared in the BTI. To register non-residential premises, you will need to fill out a declaration for the property. If the object is residential, then a technical passport should be issued for it.

1. In the header we indicate the name of the recipient (position, name of body, territorial location, last name and initials).
2. In the middle we write the name of the document (application).
3. In the body of the application we write the text: I ask you to allow me to privatize the garden house located at the address...”.
4. At the end there is a personal signature and date.

When is simplification applied?

Moving on to a more substantive consideration of the question of how to design a house on a summer cottage, it should be noted that simplification is applied to the following capital construction projects:

• country houses intended for housing and long-term stay in them;
• utility and domestic buildings with a foundation - bathhouses, barns, terraces, etc.;
• permanent garages located on the site.

All other buildings that do not have a foundation do not fall under the category of capital buildings, and their registration is not required.