Privatization of garden and summer cottage plots: law, documents, cost

Legislative norms for gardening partnerships (SNT) and ONT

Since 2020, the association of summer residents can exist only in two organizational forms:

1. SNT (horticultural non-profit partnership).
2. ONT (gardening non-profit partnership).

Next, we will figure out whether it is possible to privatize a plot in SNT and ONT. The difference between them is that in horticulture (SNT) permanent buildings and structures are allowed on a land plot. You can register ownership of them. If a house built in SNT meets the criteria for a residential building, then permanent registration is allowed. However, it may be located outside the populated area.

On garden plots you can only build objects without a foundation - sheds, booths and other temporary buildings. If you build a house or other permanent structure in ONT, you cannot obtain ownership rights to it.

“Dacha amnesty” is the general name of several regulatory documents related to simplified rules for registering ownership of real estate.

For land plots it was valid until 03/01/2020. For country houses it was extended until 01.03. 2021. Until this date, houses on garden plots can be legalized using a land document and a technical plan. The technical plan is prepared by a cadastral engineer based on the completed declaration.

The simplified procedure for registering property rights applies only to residential and garden houses located on the territory of SNT.

The final stage is obtaining a certificate from Rosreestr

If local authorities have given the go-ahead for privatization, the owner only has to visit the Rosreestr office to obtain a certificate. Only this document will give the right to use the land as your own property and make transactions with it.

In addition to your passport, you need to take the following to the Rosreestr office:

1. Receipt of payment of the fee for production of the document;
2. Permission from the administration for privatization;
3. Site plan (a membership book, SNT charter, or a decision on granting the plot for use may also be required).

The application form for transfer along with a package of documents can be obtained and filled out on site. In it you need to formulate a request to transfer the territory into ownership, indicate on the basis of which document this right arose, add personal and passport data, and also note the list of attached documents.

Why privatize dachas with a house?

Summer residents and gardeners - members of SNT and ONT, who do not have a registration certificate for the land, are essentially just tenants.

Thanks to privatization, it will be possible to fully dispose of the land at your own discretion - sell, lease, transfer under a gift agreement, leave as an inheritance, give as collateral when applying for a bank loan, etc.

Simultaneously with the registration of ownership of a land plot, it is possible to privatize the country house located on it. The decision in this case is made by the owner himself. Some privatize only the plot so as not to pay less taxes. However, the owner may need documents on the ownership of the house when selling the plot along with the building or other legal actions.

The law does not oblige the privatization of a country house if the land under it is owned.

Is privatization possible?

Initially, the land was allocated to a legal entity - SNT. Therefore, in order to be able to privatize a plot in a gardening partnership, you first need to obtain consent to such manipulations from all its other members.

This will give the user the opportunity to:

• Avoid eviction from the site if local authorities require this;
• Don’t have to worry about re-registering documents if the land lease expires;
• Maintain the boundaries of your land while your neighbors carry out land surveying work;
• Freely dispose of the territory and not be afraid to be left without a plot.

1. In the first case, a chairman will act on behalf of all members, who will communicate with the authorities; cadastral passports and documents will be issued for all members. Then local authorities review the applications and, based on the results of the inspection, all owners will receive land certificates.
2. A slightly different procedure if one person decides to act independently. He will need to contact the chairman, then order clarification of the boundaries of the site, and then go to the municipality, where to submit the privatization application and documents. The procedure is considered completed as soon as the newly-minted owner has a certificate from Rosreestr in his hands.

Grounds and conditions

First you need to determine who has the right to free transfer of real estate into ownership from the state. Privatization is possible subject to the following conditions:

1. The applicant is a citizen of the Russian Federation who has not previously used the right to freely acquire ownership of objects of the same category.
2. The land plot was accepted by the association of summer residents and gardeners until October 25, 2001.
3. The privatization object has not been withdrawn from circulation and no encumbrance or restriction has been imposed on it.

The basis for owning a dacha (garden) plot in a gardening partnership will be one of the following documents:

• decision of the SNT meeting;
• an extract certified by the chairman of the board;
• agreement on the transfer of an object for an indefinite (free) lease;
• certificate from local authorities.

Registration of ownership of a country (garden) house on already privatized land is carried out in the same way as on non-privatized land. The only difference is that the set of documents will need to include an extract from the Unified State Register of Real Estate, confirming that the land plot belongs to the applicant by right of ownership.

Privatization of land in SNT in 2020

A gardening partnership is a non-profit association established by citizens on a voluntary basis.

The partnership has its own charter, management bodies, and is registered with the tax office.

To begin the privatization process, the owner of the plot must have the required package of documentation and a correctly completed application.

Package of necessary documents

To carry out the procedure, you need to collect a package of documents. It includes:

• passport or other document identifying the person;
• if the papers are not submitted personally by the owner, a notarized power of attorney;
• if there are buildings on the site, documents on the ownership of these objects;
• certificates confirming the right to use land;
• cadastral plan of a plot of land;
• for individual entrepreneurs – constituent documentation.

Additionally, they may request the charter of the gardening partnership and a list of its participants. But this is not mandatory.

The main document is the statement. Please indicate in it:

• personal data of the applicant and information from his passport;
• TIN;
• intended use of the site;
• its area after surveying;
• list of attached documentation.

Where to begin

Before starting privatization, certain requirements must be met:

• you must be a member of a garden association;
• the land must be received before 2010;
• privatization of land that has been withdrawn from circulation is unacceptable.

Privatization has several stages:

1. Appeal to local administration employees who consider such issues - an application, a site layout diagram and title documents are provided.
2. Within 2 weeks, the documents are checked and a decision is made.
3. If the decision is positive, a cadastral passport is issued and the plot is assigned a number.
4. Registration of ownership rights to the site.
5. The document is issued within 10 days.

Conditions for free privatization – the citizen has not yet participated in privatization, he has Russian citizenship. Privatization is possible only after registration of land rights.

Video: how to privatize land

To start the process, you need permission to carry out the procedure, a certificate of registration, a receipt for payment of the fee (2 thousand rubles), a purchase and sale agreement and a transfer deed.

In what time frame must it be submitted?

The privatization procedure has clearly established deadlines:

Privatization of a plot of land takes place over several months. In some areas, the period may be increased or decreased.

At the moment, it is allowed to privatize the site on a free basis until 2020.

When is the procedure for garden land with a house impossible?

It is prohibited to privatize:

• plots withdrawn from circulation;
• protected areas (reserves, national parks);
• public facilities (roads, city parks, beach areas, etc.);
• parts of the forest and water resources of Russia.

An adult citizen of the Russian Federation can privatize a land plot for free only once in his life. If he tries to privatize again, he will be refused.

Reasons for refusing a request

It happens that the executive branch is in no hurry to give permission for privatization.

Most often, the owner of land in SNT does not get the opportunity to register the territory for a number of reasons:

• This site is no longer in production;
• The land cannot be transferred into ownership because it is intended for other purposes;
• There are disputes regarding the boundaries of the land. This is the easiest problem to solve;
• According to the law, land cannot be transferred into the hands of a private person.

To resume the privatization process, the violations found will have to be eliminated. As a result, the process of privatizing the land of a gardening non-profit partnership is not difficult; it is enough to adhere to the accepted algorithm. First, it is important to check if all documents are ready. A membership or garden book is a mandatory document that you must have with you. As for the need to obtain a cadastral passport, as part of the dacha amnesty, citizens no longer need to spend time and money on this service. The privatization procedure is carried out free of charge, except for the need to pay a fee.

Citizens again became interested in land as an object of property. The easiest way to acquire ownership of a plot of land, for example, in the “Gardening Non-Profit Partnership” (SNT) is its privatization.

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How to make a dacha with land privatized: where to start and how much does it cost?

The general procedure for privatizing a land plot will be as follows:

1. Contact local authorities to clarify the full list of required documentation (it may change and be supplemented depending on the specific situation).
2. Collect a set of documents for privatization of a land plot.
3. Submit your application along with supporting documentation and proof of payment of the fee.

The set of documents usually includes:

• statement;
• a copy of the applicant's passport;
• document justifying the use of the site;
• cadastral passport or extract from the Unified State Register.

To fill out the application, you need to find out who has the privatized land plot on their balance sheet. To do this, you need to make a request on the Rosreestr website to receive an extract in electronic form. Cost – 200 rubles for individuals.

The statement states:

• to whom and where it is sent;
• from whom – full name, place of residence and passport and contact details of the applicant;
• information about privatized objects;
• size and cadastral information of the privatized area;
• purpose of further use;
• exact address of the property (site);
• date and signature of the applicant.

If the manager of the site is a municipality, then the package of documents is sent to the local administration, if the federal body is sent to the department of the Federal Property Management Agency. They can also be sent through the MFC (multifunctional center). In this case, there is no need to fill out the application in advance - this will be done by the receiving specialist.

Documents must be reviewed within 14 to 30 days (maximum - up to 45 days).

The applicant then receives a final or preliminary decision. In the first case, he will only have to register the property right in Rosreestr. If the boundaries of the site have not been agreed upon and land surveying has not been carried out, the applicant will receive a preliminary decision on the provision of land. He will need to order cadastral work.

A package of documents, together with the final decision of the administration and a receipt for payment of the state duty in the amount of 350 rubles, is transferred to Rosreestr to register ownership of the site.

It can be sent through the MFC, Russian Post or remotely. In the latter case, you must first obtain and obtain an electronic signature, then register in your personal account on the official website of Rosreestr and fill out an application. Supporting documents must be scanned and attached as files.

The established time frame for receiving a response when submitting an application through the MFC or website is 12 working days, 10 of which are for registration with Rosreestr. The waiting time increases if documents are sent by mail.

The process of privatization of a country house takes place according to the same scheme and in the same government agencies as for land plots.

Cost of the procedure and timing

Previously, it was envisaged that the law on dacha amnesty would have its own period of validity. It was planned that it would be possible to privatize a plot in SNT for free until 2020. Today, the amnesty has been extended indefinitely, which cannot be said about the process of legalizing buildings on the site. Country houses could be privatized until March 2020. Many people believe that the privatization process will take many months or even years, but in practice everything goes much faster. The owner will spend most of his time directly collecting documents.

All authorities to which these certificates will be transferred are required to strictly follow the deadlines:

• The administration considers the application for 14 days, after which it makes a decision;
• Wait no more than 12 days for the production of a paper certificate in Rosreestr.
• The most difficult thing will be if you need to go to court to appeal the refusal. In this case, you will have to wait about 2-3 months. Also, you cannot do without a court if it is not possible to peacefully agree on the boundaries of the site with the neighbors.

In SNT, it often happens that the boundaries of a site are violated or changed under the influence of natural disasters, therefore, the information available about them is unreliable. In this case, you need to contact the SNT board, which will organize a meeting of the partnership, so that the problem will be resolved. The process of privatizing an allotment in SNT is free , although there are still some mandatory expenses. First of all, you may need to make copies of documents, of which there are quite a lot. The state fee for registering property rights in Rosreestr costs 350 rubles. The applicant also has the right to use the services of a representative so as not to visit all the necessary authorities himself. In this case, the amount of expenses will increase significantly. If it is necessary to resolve disputes in court, the fee will be 300 rubles.

Failure and solutions

Privatization may be refused in cases where the site:

• reserved for state or municipal needs;
• withdrawn from circulation;
• prohibited from privatization by federal law;
• located on the shore of a reservoir, pond or public shoreline;
• refers to a public area (highway, street, square, etc.).

The authorized body issues a refusal to privatize a land plot in writing.

They can refuse only with reference to the provisions of federal legislation. Local regulations are not the basis.

If the reasons for the refusal can be eliminated, the applicant can re-submit documents for privatization. In other cases, if a citizen disagrees with a decision, he has the right to challenge it in court.

Need a lawyer

If you still have any questions about the privatization of a summer cottage, which is located in SNT, be sure to contact the experienced lawyers of our site. They will be able to advise you on changes in legislation and on all other issues.

Of course, you can go about privatizing your dacha plot on your own, but the procedure itself will go faster, and you will limit your communication with government officials if you use the services of a specialist. So, a lawyer can help:

• collect all documents;
• select specialists conducting surveying;
• issue a cadastral passport;
• represent your interests in all instances;
• obtain a certificate of ownership;
• appeal against the actions and inactions of officials;
• file a claim to challenge the refusal to privatize.

• Due to constant changes in legislation, regulations and judicial practice, sometimes we do not have time to update the information on the site
• In 90% of cases, your legal problem is individual, so independent protection of rights and basic options for resolving the situation may often not be suitable and will only lead to a more complicated process!

Therefore, contact our lawyer for a FREE consultation right now and get rid of problems in the future!

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In order to be able to legally dispose of real estate, which is land, you need to know how to privatize a plot in SNT. This concept first appeared in regulations of 1998. The gardening non-profit association was created by enterprising citizens, doing it entirely voluntarily. Like any other, this partnership also has a charter, a board and a chairman, and is also required to be registered with the tax service. On such a plot a person can grow agricultural products, and the partnership is designed to provide comprehensive assistance to all members.

Advantages and disadvantages

Before making a decision on privatization, you need to determine for yourself all its pros and cons. Positive points:

• there is an opportunity to fully manage the property (sell, donate, bequeath, pledge, etc.);
• there is no need to re-register documents after the expiration of the use agreement;
• boundaries and dimensions are clearly defined and fixed in property documents;
• the risk of property loss from fraudulent activities is reduced.

One of the disadvantages of privatization is that the owner will have to pay property tax annually.

The dacha amnesty involves a minimum of time and financial costs. Using the given step-by-step algorithm, you can formalize the right to receive free ownership of a plot of land and a country (garden) house.

Is it necessary to privatize the land?

Before privatizing a land plot, you need to study the pros and cons of this procedure. Privatization gives the owner the opportunity to dispose of his land plot:

• Sell.
• Rent out.
• Give, bequeath, make exchange transactions.
• Unite with neighboring lands, divide into several parts.
• Erect buildings.

If a person is not concerned about privatization, then the above actions will be accompanied by a number of difficulties. In addition, municipal and state authorities can withdraw land from circulation, withdraw it for the needs of the state without providing compensation, and change the category of land use.

Important! If privatized land is withdrawn from the property of citizens, there must be serious reasons for this. In addition, the person is paid compensation not lower than the market value of the plot.

The owner has not only rights, but also responsibilities:

• Maintain and protect the site.
• Pay land taxes on time.
• Fully maintain the land in accordance with the law.

The tax rate is set by local legislatures. However, the Tax Code of the Russian Federation stipulates the maximum amounts:

• 0,3% – calculated from the cadastral value, a reduced rate for agricultural land, vegetable gardening, and personal subsidiary plots.
• 1,5% – for land plots of other types, including for individual housing construction.

Timing and cost

The privatization procedure takes from four months to a year, as it depends on numerous factors, for example:

• Serious problems have arisen with the Border Coordination Act: relations with the owners of adjacent plots are far from good neighborly. The disagreement of the neighbors, reflected in the Act, will become the reason for out-of-court or judicial proceedings - a very lengthy process (from 3 months). A similar process will be required if there are no neighbors;
• the boundaries of the site have changed over time under the influence of natural factors, as well as as a result of the actions of the owner or his neighbors. If this happened within the boundaries of SNT, then the problem is solved simply: the consent of the Board or the General Meeting of the partnership is sufficient. The issue is more difficult to resolve when it comes to self-seizure of territory outside the SNT. In this case, it will be necessary to involve specialists in land issues, surveyors and lawyers;
• “loss” of documents on ownership in the Registration Service (UFRS). Such facts are usually explained by the uneven workload of the territorial departments of the Federal Registration Service. “Overloaded” departments send documents to less busy ones in order to meet the deadlines allotted by law - from two weeks to five months.

Since March 1, 2016, citizens can obtain land plots of ownership free of charge. The list of cases of gratuitous transfer of land into ownership is determined by clause 1, part 1, art. 39.1 and Art. 39.5 of the Land Code of the Russian Federation.

A citizen has the right to free privatization in the following cases:

• taking a plot of land for farming or individual subsidiary farming for a six-year period - after 5 years;
• taking a plot for the construction of personal housing, or running an individual subsidiary farm for six years - after 5 years;
• presence of three or more children in the family.

Privatization of land free of charge is established by amendments introduced by legislative act No. 171-FZ of June 23, 2020.