Dacha amnesty for a plot of land or a house - what is it, how to apply for it and who is it intended for? Dacha amnesty.

The period of preferential registration of suburban buildings was already coming to an end when new amendments were adopted. Now the dacha amnesty has been extended until 2020. What needs to be done if you are the owner of an unregistered dacha or country house and don't want to in the future legal proceedings?

Latest news on dacha amnesty

In February 2018, the bill allowing the registration of certain types of real estate under a simplified system was extended. Now owners of individual housing construction objects are allowed to undergo the procedure before 03/01/2020

What is a dacha amnesty?

First, let’s understand the concept of “dacha amnesty”: what it is and who needs it. A similar name was given to a law adopted back in 2006. It allows you to register property that you already use as your property under a simplified system: the latter includes land plots and buildings or residential buildings built on them. At the right approach

The law on dacha amnesty (Federal Law No. 93) will save you from problems when making transactions.

Thanks to the Federal Law, owners have already registered more than 3.5 million rights to houses; the total number of registrations exceeded 10.5 million. Due to the demand for the procedure, the question arose about extending the law. Also, a draft was submitted to the State Duma, according to which the privatization process would be made easier for. He assumed that there would be no need to obtain permission for construction and commissioning: it would only be necessary to notify local authorities that construction was completed. But, although the bill was approved in the 1st reading, it was not received by the required deadline for the 2nd reading.

You can learn more about how the amnesty was extended until 2020 from the video:

How the clauses in the Federal Law on dacha amnesty changed

Initially, it was assumed that the validity period of the Federal Law would be 5 years, but the completion date was postponed 3 times. The next extension took place on February 22, 2018, and the resolution had to be adopted in short time.

At the same time, since 2006, amendments have been made to the Federal Law, and some of the original clauses have lost force. In 2017, the following requirements came into force:

• When registering, you must register the building with the cadastral register.
• To design residential buildings, a technical plan is required.
• Is the right to land recorded in the Unified State Register of Real Estate? You will not need a title document. In other cases it is presented.

Since 2017, in order to register a summer house or garden house, it is required to provide a technical plan. It is compiled by a cadastral engineer; no building permit will be required.

When creating a technical plan, information is drawn from the declaration submitted by the owner. The cadastral engineer must have permission from the SRO to draw up a technical plan. If necessary, check its availability on the Rosreestr website.

The 2018 edition implies the following:

• Permits for commissioning are not required.
• To complete the procedure, you will need a technical plan and a document certifying the right to own the land.
• It is stipulated that regions are allowed to set a maximum cost for services for drawing up technical plans. This means that you don’t have to worry about overpricing: the upper limit will be limited. True, during the discussion the deputies noted that the engineers demand additional payment “in an envelope.”

How much do cadastral works cost?

After the cancellation of the dacha amnesty did not take place once again, regions were allowed to set upper limits on prices for cadastral work. True, this only applies to land plots. Now the level of expenses depends on the area:

• For the Moscow region, the maximum price limit for cadastral work is 7 thousand ₽. The calculation is made according to the principle 450 ₽ per sq. m., but this is the upper limit (you may find it cheaper).
• If the object is located in the Leningrad region, then a calculation scheme works that takes into account a number of factors. Those include the basic cost of the service, regional coefficient, determined by proximity to the regional center, and an adjustment for the deflator coefficient.

As for the duration of the work, it does not take more than a week.

Who is eligible for the extended dacha amnesty?

Legalization will be made by owners of plots that were received before the end of October 2001. The ability to collect documents and go through the procedure is not general principles needed by owners of private houses, garages, and suburban areas. While cottage owners immediately worry about legalization, those who received land from their parents and built a house on it do not register: without a dacha amnesty, the procedure was long and expensive. As a result, you have a building, but no documents.

Another situation is also possible: the parents lived in a private house outside the city and improved it. Did they decide to sell their property and move in with their children because of their age? Problems will arise, because 30-40 years ago property rights were not registered. And without documents, it’s difficult to even resolve a dispute with a neighbor if he has erected a fence and seized part of your land. In addition, taxes are not assessed without registration: if you pay on time, the amount is small, but later fines will hit your pocket.

A simplified procedure will prevent these problems. Under the dacha amnesty, the following objects are allowed to be registered:

• land plots for individual housing construction and houses built on them, and they can be located both in the city and in towns or villages;
• garage construction;
• subsidiary farm;
• small buildings and outbuildings such as bathhouses, sheds, garden houses.

There is an opportunity to legitimize summer cottages in garden partnerships or cooperatives together with the buildings located on them.

Why register under the dacha amnesty: all the pros and cons

If you legitimize an object, you will note the following advantages:

• thanks to the simplified scheme, difficulties are minimized;
• After the procedure, you will be able to manage objects and make transactions;
• In the future, there will be no difficulties when entering into an inheritance.

True, you will have to pay taxes, but evasion will not help you save.

There are practically no disadvantages to the legal registration of objects. Thanks to the dacha amnesty, you will register your property rights, because illegal buildings will eventually come to the attention of Rosreestr. Without the necessary documents, plots can be considered as squatters, and buildings - as self-construction.

Should we rush: new terms for dacha amnesty

After the extension of the dacha amnesty, questions arose about when property owners can apply to legalize their property. The law provides for the following deadlines:

• if you have a plot that is part of a dacha or gardening partnership, then you have been given time until December 31, 2020;
• for those who received land for personal use before the Land Code came into force ( October 30, 2001), no restrictions;
• owners of private houses must be in time before 03/01/2020.

First, make sure you have proof of ownership. In some cases, owners are worried that they have old paper. But, if it is certified by the appropriate local government authorities, there will be no difficulties.

What to do if you don't have the paper you need? At your disposal following methods:

• Take an extract from the business ledger. To obtain, contact your local government.
• Buy the plot.

What does this mean for owners? The bottom line is this: owners of objects who have old-style papers receive guarantees of successful completion of the procedure. The legal force of documents issued earlier is not lost.

Is it worth replacing the old certificate with a new one?

If you receive a new certificate, it will contain more detailed information. But this does not mean that old documents become invalid.

It is important that since 2016, certificates are no longer issued: instead, you will receive an extract from the Unified State Register of Real Estate. If you are not sure that the objects are registered, order the required document.

Old-style certificates are suitable for registering a plot of land under the dacha amnesty

If the land is not registered, it will be difficult to sell it. But the problem can be solved: for example, a double procedure is available, and during the registration of rights to an object, you will also register their transfer to the next owner.

Is it necessary to do land surveying in order to fall under the dacha amnesty?

The need to survey the site was stipulated in the original version of the law. But this obligation was abolished back in 2007, which simplified the procedure.

True, the consequences may be unpleasant: if the boundaries are not clearly defined, they will need to be clarified when selling or donating. If controversial situations arise, the discussion will also discuss approximate boundaries. As a result, although land surveying is not a mandatory procedure, owners do it in advance if the documents do not contain certain instructions.

Land surveying carried out in the following order:

• Contact a specialized organization or directly a cadastral engineer. Prepare a package of documents: passport and copies, a document confirming ownership of the property. If you are not the owner, you will also need a power of attorney; in some cases additional information is required.
• Neighbors' consent will be required. If you cannot contact them (for example, they do not come to the dacha), you will not have to look for their addresses thanks to changes in legislation from 2008. The issue will be resolved by the employees performing cadastral work. They will send a request to Rosnedvizhimost and receive the addresses of their neighbors. If information is missing, land managers submit an advertisement in the local newspaper. It is their responsibility to compose it and coordinate publication with the editors. You only have to pay to place the ad.
• After the work is completed, wait for the production of the boundary plan, and the form (paper or electronic) will be discussed at the stage of concluding the contract.
• If the boundaries have changed, you will have to submit the document to the Land Resources Committee for approval. After that, it is registered in the cadastral register and changes are made to Rosreestr.

Keep in mind that the procedure takes more than one day. Based on the results, the engineer will prepare papers on the basis of which the site can be registered in the cadastral register. But difficulties arise in the process, and you have to spend time overcoming them. If you intend to sell the plot, then having to wait will discourage the other party.

Important information:
with a discount it will be 30% lower. ...Passport prices for 5 or 10 years are determined not only based on geographic features and type of certificate, but also on the age of the future document holder. If the old-style passport...

How to register a house under the dacha amnesty

According to the law, you can apply using a simplified system residential buildings individual housing construction. The criteria include a building no higher than 3 floors, suitable for living by 1 family; however, it must be free-standing. The building may be located on a site provided for the following purposes:

• individual residential construction;
• farming.

To start the procedure, contact the Rosreestr office; You can check its location by following the link. Also collect the following documents:

• a declaration that you will fill out in advance;
• title document;
• technical plan.

Don't forget to take your passport and copies along with SNILS. You need to write a statement that you want to register ownership and pay the state fee. The official period for providing the service is 10-12 working days.

Since 2017, owners of land plots also provide a technical plan; it is compiled by a cadastral engineer.

Submit documents in person at the branch or send by mail. In the latter case, the notary must first verify your signature.

Dacha amnesty: how to register a house in SNT

Property owners are also wondering how to register a house in SNT. It is important that during construction in SNT, only residential buildings can be erected, and not houses. The differences are as follows:

• You can live in a residential building seasonally;
• registration in this case is not provided;
• Carrying out gardening work on the site is a prerequisite.

How to register a country house under the country amnesty? Follow the procedure:

• Decide if there are any problems with your garden plot: if they are demarcated, then there will be no problems.
• Next step- contact the cadastral bureau or an engineer, and surveyors will go to the site. After filming and internal measurements carried out by employees, you will sign a declaration about the property.
• The cadastral engineer will issue a ready-made technical plan, both in paper and electronic form.
• After this, collect a package that will include the listed documents, a copy of the applicant’s passport, a disk with the plan and a receipt for payment of the state fee. They must be transferred to Rosreestr; as in the previous case, this can be done in person or by mail.

Your home will be fully decorated in 10-12 business days.

What is SNT? The abbreviation stands for “garden non-profit partnership.”

Sample documents

Is a building permit required?

According to the provisions of the dacha amnesty, it will not be necessary to provide a building permit document. This even applies to residential buildings, although not all are covered by the laws. Please check with Rosreestr for details of specific cases.

As for non-residential buildings, garages, sheds, to register them, fill out a declaration and provide the necessary information. Then attach documents confirming ownership of the plot and an application.

In what cases is such a procedure necessary? Let's say you received a plot of land from your parents on which there is a 2-story residential building without communications. The building, erected 25 years ago, has not been formalized. But it represents a piece of real estate that you will want to sell, give as a gift, or leave as an inheritance. Therefore, it is advisable to obtain official rights while the simplified scheme allows this.

Services are provided on a paid basis - 350 ₽ per object (state duty).

How to register a land plot according to the current scheme

On non-specialized websites they claim that privatizing a plot of land under a dacha amnesty will not be difficult. Indeed, you will need the following documents:

• statement;
• applicant's passport and copies, SNILS;
• title document.

Formally, the old-style certificates of ownership continue to be valid. But in practice it may turn out that instead official document there is only old paper, on which 50 years ago the chairman of the village council made a handwritten note about the allocation of a plot to your grandfather. Take any document you have and go to Rosreestr: they will give you advice.

List of papers for the procedure

What to do if there is not even an extract from the household ledger or paper with a handwritten note? This does not mean that you will not be able to take advantage of the dacha amnesty. Go to the local administration: they must advise you who to contact.

After submitting the documents, you will be given a certificate of ownership, and it will be issued even if relatives received the land for use.

How easy is it to register real estate under the dacha amnesty?

Although amnesty seems tempting, practice shows that some cases baffle even experienced officials. It is often necessary to order technical plans, which leads to additional expenses. If you have a residential building that is occupied by 2 families, then it does not fall under the dacha amnesty at all. Problems also arise with land surveying if a conflicting neighbor turns out to be against it.

What to do in such cases? You can get a consultation at the boundary center. Employees deal with practical nuances every day, so at a minimum they will help you get your bearings.

How to register a dacha under the dacha amnesty: a real story

05/03/2018 Elena

Relatively recently, I decided that the family needed a dacha. My husband and I consulted and bought a plot in the Moscow region. We built a house on it, where we live in warm time of the year. But they didn’t take care of the documents in time - they hoped for a Russian “maybe.” But the further it went, the more worried I became.

After a long search on the Internet, I finally found the instructions and was delighted. It turns out that thanks to the dacha amnesty, you need a minimum of paperwork:

• certificate of land ownership;
• passport and its copies;
• SNILS;
• technical plan

I didn’t have the last one on hand, so I went to a company doing cadastral work. The price was not pleasing - 8 thousand ₽. Luckily, we don't have a barn that would have to be registered either. After all, then the cost of the service would double! I was worried that the outdoor toilet and outdoor shower would need to be decorated separately, but they reassured me. These structures do not constitute real estate.

Then I wrote a statement that I wanted to register the rights to real estate. I submitted it at the Multifunctional Center: you can send documents for the dacha amnesty using the Internet, but I prefer traditional ways. As a result, I paid the fee, handed over the package and received the certificate 2 weeks later. Now I am calm!

Conclusion

Thanks to the extension of the dacha amnesty, you will register your property rights without unnecessary documents. The procedure will help those who have not registered real estate on a general basis. Since it is valid until 2020, you will collect missing documents and prevent problems. Although it is not necessary to register real estate under the dacha amnesty, it is advisable to go through the procedure.

The “dacha amnesty,” which is quite relevant in all regions of Russia, has already been extended twice after the immediate adoption of the law. And, despite various obstacles and disagreements, this law still works today, enjoying considerable popularity.

In fact, adopted back in 2006, the federal law has a rather long official name (now Federal Law No. 20-FZ of February 28, 2015 “On Amendments to Certain Legislative Acts” Russian Federation"), and only in colloquial use is it called nothing more than a dacha amnesty.

Who can take advantage of the dacha amnesty?

• Citizens of the Russian Federation with an indisputable right to a land plot or residential building.
• The owner of a plot owned by a garden partnership or cooperative. (For example, you have a ST membership card, but there are no documents confirming the right to this property. In this case, you have the opportunity to write an application to the local administration and register the rights).
• Citizens of Russia who have a document with the right to a land plot, but without indicating their right to property in it. Dacha amnesty It is precisely intended to provide them with such a document using a simplified procedure.

Federal Law No. 20-FZ of February 28, 2015 - amendments to the law on the “dacha amnesty”.

With the help of this law, the process of registering plots and real estate is greatly simplified. And the issuance of a certificate is much faster and easier. Thanks to the norms introduced into the law modifying individual clauses, its validity period was again extended from March 1, 2015 to December 31, 2020.

Such data is the clearest evidence that the issue is truly relevant and fraught with many problems. And the fact that Russian citizens are not in too much of a hurry to resolve this issue according to the simplified scheme provided, although there was not much time left, only says that everyone still hopes for the next changes and the next extension of the law, which is what actually happened in March 2015.

The amendments were introduced, and from March 2015 to the end of 2020, applicants were given the opportunity to register ownership of land plots upon submission of a minimum package of documents. However, there is an important nuance here, which states that these amendments apply only to members of country houses, vegetable gardening/gardening partnerships.

After 2015, the essence of the dacha amnesty changed slightly

Let's figure out what it is "dacha amnesty 2020", and what a citizen will receive when using his right to simplified registration real estate/ plot of land.

The dacha amnesty is a simplified registration method that allows you to register ownership rights to real estate throughout the Russian Federation.

To start the process of obtaining the necessary documents for the dacha amnesty, first of all you should make sure whether you have in hand legal document, confirming the ownership of the site that you decided to register.

Some owners have this problem: the legal document was issued a long time ago, but there is no need to worry about this - despite the statute of limitations, if your documents were drawn up in accordance with all the requirements of the legislation existing in the country at the time of registration.

Since 1998, a system of registration of rights has been in place, which is still valid today, so a document certified according to all requirements by local authorities (this can also be a certificate from the BTI) is a title document that is valid. Therefore, if you have such paper in your hands, one problem has already disappeared. If you are absolutely sure that the land plot belongs to you, but you do not have the paper on hand, then you should contact the local government authorities and write an application to obtain an extract from the business ledger. And if such an extract cannot be obtained, then the only available option is to purchase the plot from the municipality or the state.

Therefore, the dacha amnesty, for which the deadlines have been extended, provides guarantees for those owners who have old-style documents in their hands. For example, Federal Law No. 122-FZ contains an article confirming the legal validity of documents for land plots that were issued earlier.

Should you rush to get a new certificate of title?

Many owners of real estate and plots have still not decided whether it is worth re-registration at this time. After all, on the one hand, the owner of the site is not at all obliged to obtain a new certificate. The other side of the issue is that if it is necessary to carry out alienation, then the Unified State Register of Rights to Real Estate and Transactions with It will not contain information about you. And this is already fraught with various unpleasant moments.

Although even in such a situation it is quite possible to resolve the issue positively. In this case, if it is necessary to complete a transaction when the plot is not registered, during the registration of rights to the plot, it is possible to register the transfer of rights to the next owner. And since the state duty will be charged only for the process of registering the transaction, this option can also be considered economical.

However, it is worth noting that this type“double” procedures are not very relevant. Most often, the right of simultaneous registration is granted when transactions are carried out between persons who trust each other - relatives, friends, good acquaintances. But if the transaction is carried out between organizations or unauthorized individuals, before directly concluding the transaction they have the right to require a certificate of ownership. Often for many this is a kind of insurance against fraudulent activities.

• Documents for the plot, which do not indicate specific rights to own it;
• Acts or certificates granting perpetual rights of use or ownership inherited for life;
• Acts on the rights of perpetual use of the site, issued by the relevant services;
• Extracts from the household ledger.

The presence of any of these types of documentation also simplifies the process of registering property rights. If there is such a document, and the plot is used for individual housing construction, gardening, dacha/garden farming, then all that is needed for the registration procedure is the above document and application. Documents are submitted to the territorial bodies of Rosreestr.

Each position defining the grounds for such filing of documents is stipulated by law and is enshrined in various articles of the law “On the entry into force of the Land Code of the Russian Federation.”

Is land surveying necessary when registering rights under the dacha amnesty?

If the documents defining the rights to the plot are available, then the owner may want to register the plot. In this case, it is necessary to clarify the question of whether land surveying is necessary to establish the exact boundaries of the site. This obligation was provided for in the first edition of the law, but already in 2007 it was abolished. This was done for the convenience of applicants, who thus significantly saved money, time and nerves.

However, this moment was partly the trigger problem situations. In this case, information about the parameters and boundaries of the site displayed in the cadastral passport will be formulated as “subject to clarification and indicative”. And considering that for most potential buyers the cadastral passport is a fairly important document, not everyone likes this type of wording. In addition, the area of ​​the land plot will be difficult to prove during possible legal proceedings. To avoid possible difficulties, you should still go through the land surveying procedure, and then submit an application to clarify the boundaries of the site to the cadastral chamber.

The procedure for surveying a plot of land

To carry out land surveying, neighbors must agree to determine the boundaries of your property. But if you do not have such an opportunity or your neighbors rarely appear on their plots, it is also possible Alternative option, thanks to new rules introduced in 2008.

Under the terms of these innovations, a request is sent to the cadastral chamber regarding the need to provide the postal addresses of the applicant’s neighbors. Then the cadastral engineer sends out notifications about the procedure for establishing the boundaries of this site, indicating the date. The letter must be sent no earlier than a month before the procedure. If the letter is ignored, then land surveying is carried out in the absence of neighbors.

In another case, if the postal notification is returned to the cadastral chamber with a note that it is impossible to deliver to the addressee, the following actions are necessary: ​​the cadastral engineer is obliged to place in the means mass media announcement of an upcoming procedure at a given location. If in this case the neighbors do not respond, the issue of borders is resolved without their participation.

Amnesty for owners of summer cottages as part of gardening partnerships

If the plot was purchased on the territory of a gardening association, and the owner has a membership card, it is also necessary to remember the law regarding the dacha amnesty. After all, thanks to the presence of a certificate, you can only be considered a member of the partnership, but not yet the full owner of the site.

In such a situation, you need to act measuredly and step by step, first by privatizing the land. To carry out privatization, the following documents are submitted:

• statement;
• a certificate confirming the specified information from the board of the gardening partnership;
• personally described location and parameters of the site.

If you are the first owner of a particular partnership to make such a request, then local authorities have the right to request from the management of the partnership both the constituent documentation and the title documentation for the plots. Submitted documents are reviewed within a maximum of 14 days, after which they are submitted for state registration to the territorial bodies of Rosreestr. It is worth paying attention to important point: From March 1, 2015, the amendments introduced to the law on the “dacha amnesty” regarding members of cooperatives, vegetable gardening, horticultural, and dacha partnerships will begin to work.. And until the end of 2020, these individuals have access to a free procedure for registering ownership of a plot of land, and for this they need to submit a minimum package of documents to local governments. And in this case, the date of joining the cooperative does not matter.

Registration of inherited land / residential building under the dacha amnesty

According to the Civil Code of the Russian Federation. To enter into inheritance rights, a person must accept the inheritance. You can do this in two ways:

1. Legal – when the heir applies to a notary;
2. Actual - at the time of using the property, paying taxes, etc.

It is generally established that entry into inheritance rights is possible within 6 months from the date of its opening. After compliance of this kind formalities, it becomes possible to register real estate or land in a simplified manner - in accordance with the terms of the law on dacha amnesty.

Therefore, the law on dacha amnesty is quite popular these days, even taking into account some errors and inconveniences. Thanks to the simplified, accelerated procedure, quite a lot of people have already become the legal owners of land plots. And for all “indecisive” people, the extension of the dacha amnesty until December 31, 2020 will allow them to register their rights in a simplified manner. Members of gardening, horticultural and dacha associations received the right until December 31, 2020, register ownership completely free of charge for land plots.

Thus, the simplified legal mechanism for registering ownership of residential real estate (individual residential buildings) has been extended until 03/01/2018, that is, before this date it will be possible to register the right to a house, even if it does not have permission to put it into operation. But if you start the process of registering ownership of a house later than 03/01/2018, you will have to submit documents on permission to put the housing into operation to the registration authority. And here free privatization of country, garden and vegetable plots of land is limited until December 31, 2020 of the year.

Citizens of Russia can be congratulated on yet another extension of the dacha amnesty after March 15, 2015. Now houses in the village and summer cottages can be registered on a preferential basis for another 3 and 5 years, respectively.
According to experts, in 2018 (2020) the terms of the dacha amnesty will be extended, as has happened more than once. It is worth dwelling in more detail on the reasons for this practice and the very mechanism of the dacha amnesty and considering these issues in detail.

What is a dacha amnesty and how to apply for it?

Almost all Russians have heard about the dacha amnesty, which began in 2006. Its essence is quite simple. Citizens are invited to legalize (register) their buildings and summer cottages on a preferential basis, without collecting and processing a mass of certificates and documents. In principle, preferential treatment could become an everyday norm, but not in our country, where the interests of the system and individual officials are always taken into account first. Therefore, all dacha benefits have clear boundaries and deadlines.

Interestingly, registration of houses and plots is necessary not only for citizens. After all, if citizens have not considered it necessary to legalize their rights to real estate for a quarter of a century, then it is unlikely that they will rush to register them right now, and even within a clearly designated framework.

Therefore, such amnesties are most needed by the state, since the significantly leaky state treasury needs to be replenished, including through land tax, as well as real estate tax. The dacha amnesty is aimed at increasing the collection of these payments.

Therefore, if you do not intend to sell or inherit the land you have (there are many such cases in practice), then you should think very carefully about whether you should use the proposed mechanism at all. If you plan to somehow manage the fate of your plot or house in the future, or simply want to put things in order in the title documents for the real estate you own, then extending the period of the dacha amnesty will come in handy.

What objects does the dacha amnesty apply to?

The dacha amnesty currently applies to two types of real estate:

• Residential buildings that are built on plots allocated for individual housing construction or farming without a building permit and, accordingly, without an act of putting the building into operation;
• Land plots that were allocated before 2001 (that is, before the current Land Code of the Russian Federation came into force) for dacha or subsidiary farming, gardening, vegetable gardening, as well as individual housing construction.

Accordingly, the amnesty period for houses is limited to 2018, and for land and outbuildings located on them - to 2020. So in this part everything is more or less clear. As for the detailed mechanism of the dacha amnesty, it should be discussed in more detail, since the procedure for registering land and buildings is different.

Amnesty for residential buildings

Registration of a residential building located on your site has whole line restrictions that need to be taken into account. A residential building (a building intended for the residence of citizens) must be located within the boundaries of a populated area on a plot of land that is allocated for construction or farming. Often plots for private plots are allocated outside populated areas on agricultural lands. In such areas, the construction of permanent residential buildings is prohibited by law. Therefore, the amnesty does not apply to such real estate.

If the house you have (regardless of the date of construction) meets the listed conditions, you need to contact the local branch of Rosreestr (documents can also be sent by mail - in this case, the applicant’s signature on the application is notarized). However the best option– this is a personal appeal, since possible irregularities in the documents can be eliminated promptly even at the time of submission of the documents themselves.

To register a residential building under a preferential procedure, you must pay a state fee (as of 2015 - 200 rubles), write an application on a standard form (forms and a sample for filling them out are available in each department of Rosreestr), and also have the following documents:

• Passport of the applicant citizen;
• Cadastral passport for the house (its registration can be combined with the registration of the house, since all procedures are performed by the same body - in this case, you will need to write another application and draw up a technical plan of the building, which is carried out by cadastral engineers);
• The title document for the plot on which the house is located, while this document is required only if your land rights have not been previously registered with Rosreestr.

If you entrust your right to register a house to another person (a quite common practice), then you need to worry about a power of attorney in advance. However, if the attorney is a competent person, then there should be no problems with such questions.

After successfully submitting the documents within two weeks, the house you own should be registered and the applicant should be issued a certificate of title to it. Typically, a certificate with submitted documents is handed over personally or sent by mail to the applicant if the documents were also sent to Rosreestr by mail.

Amnesty for land plots

To register under the dacha amnesty a land plot allocated before 2001 and intended for individual housing construction, private household plots, vegetable gardening or gardening, it is necessary to follow a similar procedure as for a residential building. It is worth remembering that a plot of land can be provided on the basis of perpetual use or inheritable possession or ownership. And even in the case where the type of right is not indicated at all in the available documents, the registration of ownership of the owned plot occurs automatically. At the same time, property rights cannot be registered in cases where the land plot is limited in circulation, or such registration is not permitted by law.

If the above conditions are met, in addition to writing an application and paying the state fee, you will have to prepare the following package of documents:

• Applicant's passport;
• A document that confirms the fact of provision of the plot (authority act, extract from the household register, etc.);
• Cadastral passport for the plot (if necessary, can be issued simultaneously with the registration of land rights). In this case, it will be necessary to prepare a boundary plan, which is currently being prepared by cadastral engineers;

There are often cases when the plot, the ownership of which is supposed to be registered, is located on the territory of a gardening partnership. In this situation, the applicant will need the following set of documents:

• The decision of the board (manager) of the partnership on the allocation of land;
• Description of the boundaries of the site (this document is prepared by the applicant himself and the correctness of its preparation is also certified by the seal of the partnership and the signature of the manager).

If you are the first of the partnership participants to conduct this procedure, then the partnership will be asked for constituent and title documents for the land it owns.

Registration of outbuildings on dacha plots

If there are buildings on the dacha plot (garage, country house, etc., which are not intended for permanent residence), then the issue of registering them is even simpler. According to the norms of the town planning code, the construction of such facilities does not require a construction permit and a commissioning certificate. Therefore, a cadastral passport for such a building is not needed at all. And the registration of such a building takes place simultaneously with the registration of a land plot by providing one single document - a declaration.

This declaration is a normal description of your building. Its sample can be found on the Internet or at the Rosreestr branch. This declaration is completed independently by the applicant.

At the same time, the information that will be indicated there is not verified by any commissions, however, it must be filled out similar document It is worth treating responsibly, since when selling, donating or other transactions with land, possible inaccuracies may become the subject of disagreements with the buyer.

In Russia, this term refers to changes in Art. 93 Federal Law of the Russian Federation dated June 10, 2006. The essence of the project is the free registration of land plots and real estate properties using a simplified procedure. This option is available to shareholders who received a plot before October 30, 2001. A project called “dacha amnesty” protects the interests of the civilian population, allows you to obtain free ownership of land and buildings, as well as solve related problems. The article examines the intricacies of the preferential procedure and provides recommendations for the proper execution of documents.

The State Duma's permission for state privatization applies to the following categories of real estate:

• For land received for individual housing construction, small buildings such as garden houses, garages, sheds, gazebos. The buildings can be located anywhere: in Sochi, Gelendzhik and Crimea. For ancillary buildings built in accordance with clause 17 of Article 51 of Russian legislation, a permit is not required.
• To dachas that are on the lists of dacha and gardening societies and cooperatives;
• For plots that are in perpetual use.

During the registration process, there are often so-called “pitfalls” that do not allow the registration of individual real estate, which is located:

• in the park area,
• in the nature reserve,
• on the territory of security forces,
• on the lands of cultural objects.

Reviews on the website and in the newspaper indicate the difficulties that are traditional companions when making positive decisions. Often in response to main question a person most often receives a bureaucratic text or template.

Dacha amnesty extended until 2018, entry into force of the law

The most powerful project in the field of privatization started on March 1, 2015. The legislative article of the Russian Federation stipulates different terms validity of the grace period, in particular for residential real estate built in accordance with Article 51. Clause 5 of the Civil Code, the legislation is in force until February 28, 2018. The procedure for free registration of the act applies to gardening, country cottage area, individual and garage construction and objects located on them. That is, after the decision came into force on March 1, the procedure for obtaining title documents was significantly simplified.

Dacha amnesty after March 1, 2016 latest news

Many users are interested in the question of when the “dacha amnesty” will end and for whom the period has been extended until 2020. Recent publications in the media confirm that members of a vegetable, horticultural, dacha cooperative or partnership, taking advantage of amendments to the law on the Land Code (dated March 1, 2015), have the opportunity to register land plots for free until the end of December 2020. The remaining owners can take advantage of the extension of the deadline and legalize objects under a simplified scheme, which works until March 1, 2018. The latest news about this can be read on the pages of the ABC of Law electronic magazine. Citizens receive information about the deadlines for renewing real estate registration in the Moscow region, in a number of southern regions, for example, in Sevastopol, Kemerovo and other localities.

Law on dacha amnesty 93 Federal Law, and amendments

The latest version of Federal Law No. 93 includes amendments and spells out a simplified scheme for free registration of land plots and buildings. Preferential registration available to members of DNT, SNT and some other categories of persons.

On the official portal of Rosreestr, available at the link: step-by-step instruction, sample for declaration and form. The law itself can be downloaded

To carry out the legal procedure, you must submit a package of required documents, a list of which and a sample for filling them out are on the State Register website. Practice has shown that a decision is made within 5 days, and registration information is entered into the State Property Committee and the Unified State Register.

The attractiveness of the amnesty lies in the fact that land can be registered without land surveying. But in order to register the extension, you need to submit a technical passport to the registration authority. If information about the object is not in the State Tax Committee, then this can be regarded as squatting. Many owners order a package of documents through Gosuslugi, since Rosreestr has some concessions, in particular:

• assistance is available to legalize unauthorized reconstruction,
• consultations are provided on solving problems with self-capture, etc.

In the near future, a new package of changes is being prepared for consideration by the Duma, which will be introduced into the articles of the Housing and Land Code.

Dacha amnesty: increasing the area of ​​land

Law of the Russian Federation No. 171-FZ, dated June 23, 2014, allows for the increase of land plots at the expense of adjacent territories that are municipal or state owned. The area can be expanded by clarifying boundaries, land surveying, or by redistributing plots. This is possible provided that the neighboring plot is assigned the same category, and the size of the total area does not exceed the maximum established in the Land Code.

List of lands not subject to privatization:

• general purpose areas,
• roads, communications,
• areas under the auspices of a neighboring territorial region,
• lands put up for auction
• plots intended for government needs.

Possible applicants for free registration include owners of vegetable gardens, garden plots and summer cottages, as well as persons engaged in individual residential construction. If the land belongs to a private person, then it can only be purchased.

Expansion of an allotment is a complex procedure that requires the preparation of documents, surveyors visiting the site, drawing up a boundary plan and obtaining a cadastral passport for the land issued Companies House Rosreestr after approval of the plan by the Cadastral Chamber. The verdict is rendered within 30 days.

How to register a house under the dacha amnesty

Step-by-step instruction:

1. At the first stage, owners of plots and buildings need to obtain land rights. This is the ABC, without which further steps are meaningless.

2. Each property is registered separately. A house requires confirmation of its creation and characteristics. In the case of unfinished construction, the applicant is required to provide permission to carry out the work provided for in Article 25.3, clause 5 (No. 122. Federal Law). This requirement does not apply to the reconstruction of a house. The registration period will continue for a long time, which means you can do everything in time.

3. Buildings must comply with urban planning standards, and the land plot must have a land survey plan, otherwise the owner’s actions will be declared unauthorized. Information in graphical and text form is reflected in the cadastral plan, shown in the photo, which can be enlarged. To enter all the data, you must have a plan for marking the boundaries of the plot. If for some reason there is no certificate for the land, then you need to contact the authorities for its cadastral registration.

The dacha amnesty allows you to transfer a garden house to the category of residential premises, while the declaration is filled out by the owner independently. If you need advice, lawyers practicing in the Moscow region will give you comprehensive explanations. They take all calls and provide the opportunity to find out the answers to any question.

A separate mechanism for registering property will work for SNT (horticultural independent partnership). In gardening, benefits will be valid until December 31, 2020. Persons interested in obtaining an extract in Sevastopol, as well as placing or adding objects to the gardening list, should clarify the algorithm of actions.

To speed up the privatization procedure and reduce the amount of unnecessary expenses, it is best to contact a consultant who will direct the full force of his experience to the right direction. If previously a bunch of certificates and extracts were required, today you only need three documents: a cadastral plan, the fact of receiving the plot and a receipt for payment of the state duty.

How to register ownership of a land plot under the dacha amnesty

Registration of land rights is the prerogative of territorial authorities. The following documents must be submitted to the Federal Registration Service:

• application for state registration,
• receipt
• passport,
• a notarized power of attorney issued to the owner’s representative;
• title document for land, for example, a deed drawn up by an authorized body or local government;
• extract from the business book,
• any other certificate confirming the right to the plot.

The cadastral plan can be obtained from the cadastral office free of charge. It is issued after 10 working days from the date of application. Sometimes surveying may be required, which is carried out for a fee under an agreement with a special land management agency. The term for fulfilling the agreement often drags on for up to six months. However, if there is an incomplete cadastral plan, registration of the plot is possible on the basis of Law No. 268-FZ (dated November 23, 2007).

Declaration of real estate property under the dacha amnesty,

The declaration is the most important document required for registering real estate built on land. Without it, the owner is deprived of the right to dispose of the property, including its sale or exchange. Without legal registration, the object may be demolished. The document submitted to Rosreestr is filled out personally in 2 copies. To avoid mistakes, it is recommended to use the sample and explanations.

The form contains information: place of construction of the object, name, graphic image, year of completion, number of floors, information about the owner, availability of communications, cadastral number of the plot. The text is filled in with a pen with blue or black ink, without using abbreviations or abbreviations. At the same time, only one character can be entered in a single cell, and a space should be left between words. If there is no information, a dash is placed, and suitable options in the required section are indicated with a tick. If inaccurate information, defects, errors or erasures are found, the declaration is rejected. If all the points are filled out correctly, then after 30 days the building is assigned an official address, which allows you to proceed to the registration of a cadastral passport for the object.

Dacha amnesty in Crimea, when will it work?

On February 17, 2015, the Parliament of Crimea approved the bill on registration of rights to unauthorized buildings in the first and second readings. Residents of the peninsula only need to provide a technical passport for the object and a deed of ownership of the site in order to become the owner of the house. The construction project and the site are entered into the cadastral register in mandatory. The possibility of registering cooperatives, gardening and dacha plots will become possible after the draft law is approved by the Ministry of Economic Development of the Russian Federation.

Legal consultation:

For transactions between close people federal law tax benefits are provided. For example, when receiving an apartment from a donor, no tax is charged - it’s free. If the house is received from close relative as a result of a sale or purchase or under an annuity agreement, then tax will have to be paid. Every deal has its downsides. The best and lowest-cost method is considered to be a will, which consists of notary costs and payment for government services. When selling, you will need to take an archival extract or, due to the statute of limitations, and update the house register. When donating and purchasing, property rights are transferred immediately, and cash payments are made instantly, but with a will and annuity, the decision must wait several months; to whom, if there are other applicants for a house or car, you can be left with nothing.

Ownership rights are transferred upon full payment of the entire amount of the debt to the developer or upon transfer of the debt to a new applicant. At the same time, an agreement is drawn up indicating how much it costs. The form for drawing up an agreement for the transfer of a share is prescribed in writing and registered with the Federal Registration Service. When concluding an agreement in shared construction, inquire about the conditions for the return of funds in the event of bankruptcy. With shared participation, the apartment becomes the property after completion of construction.

Before you make a commitment, do not rush to sign; find out when the payment of operating and utility bills is due. The main provision is regulated by Federal Law No. 214, prescribed in different editions. In addition, the contract stipulates guarantees for equipment in the DDU from the developer. And if it happens that the developer changes the deadlines, then these actions will be considered illegal, so it is better to study your rights before the completion of the work.

Purchasing a house under a simplified scheme for individual housing construction or private household plots is valid only until March 1, 2018. Those who want to purchase housing can order a certificate about the list of residents registered in the area or who have entered into a rental agreement. The extended certificate is an extract from the Unified State Register and allows you to make an objective assessment. If the husband does not agree, the transaction may be declared illegal in court.

If low-quality equipment is detected in the house, the owner has the right to a replacement of the product or monetary compensation in accordance with clause of the contract. Having the keys to a house does not yet give you the right to land and an apartment in a new building.

It is a mistake to think that when the process of building a house ends, there are no more problems. You must fill out and order the necessary documents to obtain a certificate of ownership (can be done online), pay a fee and check the accounts approved by Sberbank. Before you sign the lease, it is recommended to see what the apartment property looks like, whether there are playgrounds for children, whether landscaping work has been missed, and read the comments. For simple and untimely commissioning, the company, as a guarantor, may be held liable. A lawyer will tell you how to do this in a particular case, if the developer has handed over the house.

The problem is how to competently draw up an act of transfer or acceptance of a house, apartment, any residential premises, site, land plot or vehicle under a deed of gift, under a purchase and sale agreement, during a divorce, or inherited under a will or without, never loses its relevance. Increased risks registration of contracts is observed in many regions of the Russian Federation, especially in Moscow, Krasnodar, Gelendzhik, Sochi. For individuals For those registering material assets for the first time, it is difficult to make an objective assessment of real estate and calculate the real value.

Hearing the word “amnesty”, every person understands that this is good, it is the forgiveness of all sins. However, not many people think that their ownership of a dacha is not so sinless.

Attention! The dacha amnesty has been extended until 2020. Details about the timing are in this article below.

Most often it happens: the plot has belonged to the family for a very long time (it seems always); each subsequent generation built something of its own on it; During the last development, we “asked” the neighbors for a couple of meters. Is all this legal?

The dacha amnesty solves many issues, but it creates even more questions. What does everyone need to know to properly take advantage of it?

Basic provisions

The purpose of the “dacha amnesty” is to establish legal rights people to individual plots of land and all buildings on them. This mainly applies to those buildings that were not officially registered, since at one time some documents were missing for this procedure.

Federal law makes the process of legitimizing a plot of land and all buildings much easier. The document covers land that was acquired before 2001. (except for plots that cannot be registered as your own). At that time, the Land Code of Russia was not yet in force.

Are all the benefits of amnesty only for citizens? Not at all. The state purpose of this document is to assess the real picture of the owner class. The housing privatization process does not provide such information. It is in the interests of the authorities that every property has a legal owner. And it is easier to demand tax from him (the owner) on both land and real estate.

Legislative basis for dacha amnesty

The law came into force in 2006, and amendments to it were approved until 2014. And from March 1, 2015 it will come into effect new law“On amendments to the Land Code of the Russian Federation” dated June 23, 2014 No. 171-FZ. It further simplifies the procedure for legitimizing plots carried out under this amnesty. The expiration date of the law is December 31, 2020.

A special feature of the latest amendments is that, in addition to the site itself, it is now possible to design the house itself and all kinds of buildings.

The right to amnesty: who is it available to?

The right applies to:

1. Owners of a plot owned by a partnership or cooperative. These people have a membership book, but there are no documents confirming this property. They have the opportunity not to buy this plot; they just need to write an application to the local administration. All that remains is to register it.
2. Citizens who have a document with the right to land, but without indicating their right to property in it. A simplified registration procedure will provide them with such a document.
3. Citizens with an indisputable right to land.

Members of dacha partnerships or cooperatives have the right to register a plot free of charge from March 1, 2015. To do this, it is enough to collect a large number of documents and submit the appropriate application. Interestingly, the date you entered into the partnership is not important. This simplified procedure is valid until December 2020.

The simplified procedure can really be used by owners planning to engage in gardening or gardening; garage or residential construction; subsidiary farming.

Decorating a house under the right of dacha amnesty

The list of documents for registration is:

• passport of the owner of the site;
• technical passport for the building;
• a document certifying the right to own land;
• cadastral plan of the land plot;
• cadastral passport for the house;
• a receipt confirming payment of the state duty.

Sometimes a cadastral passport will not be needed at all. This moment is possible when:

1. The land has already been registered with information entered into the state register.
2. The fact that your house is located on the territory of a gardening or dacha farm has been confirmed.
3. A house that does not require such permission is registered. It is enough to confirm its location on the territory of the site in question.

Specialists will check the submitted documents, and in a month you will receive a certificate.

It is also possible to deny the right of registration in cases where:

• the size of the plot and the data in the cadastral passport for it do not match;
• the boundaries of the territory in the legal certificate and the cadastral plan of the land plot itself do not correspond.

Here the indicators of the land cadastral plan will be decisive. If the certificate does not reflect your right to ownership, then you will receive title.

IT IS IMPORTANT TO NOTE! According to the rules of the dacha amnesty, the number of plots of property of one owner is not limited.

If the dimensions of the plot are smaller than those recorded in the documents, then the government organization clarifies the data and issues a certificate with new numerical values. In order for “extra meters” to become legal, it is enough to register them correctly by agreeing with your neighbors on the territory of your site.

If you have properly registered your land plot, you can safely register any real estate on it, from a house to a garage and outbuildings. To do this, you need to fill out a declaration for each of them and describe the parameters in free form. The owner writes this document himself.

A legal document that records the fact of construction of an object on a given site is a declaration. This document is the main one in real estate registration. It is filled out personally by the owner of the land and sealed with a personal signature. Declaration form in currently standard.

The fields of the document should be filled in with a blue or black pen, corrections or abbreviations should not be allowed, except for the Central Internal Affairs Directorate or Department of Internal Affairs. It is important to fill out the document strictly in cells: one letter per cell, punctuation marks - also in a separate cell.

If some data is not required, put a dash. In columns where a choice from the proposed options is required, only one of them is allowed to be selected. The collected documents are provided in originals and copies. The declaration, in turn, is filled out personally by the applicant.

The declaration will not be accepted if:

• there have been damages that do not allow the text to be unambiguously interpreted;
• it is filled in with a pencil;
• There are corrections (erasures, typos, strikeouts, etc.).

It is compiled in 2 copies and contains the following information:

1. The place where the building is located.
2. What is the name of the building?
3. His appearance.
4. Whether there are underground or above-ground floors, their number is indicated.
5. In what year was the structure built?
6. Its area is indicated.
7. What building materials are the outer walls made of?
8. How the building is connected to communication facilities.
9. Cadastral number of the land zone with your building.
10. Document of title for this plot.

The dacha amnesty differs from the privatization process in that it does not limit the number of objects registered as property. The dacha amnesty is not without its advantages:

• low price of the service provided;
• speed of legalization of structures;
• quick resolution of the issue, even if not all documents are available;
• if the document does not specify the right to land, then the plot is provided on the basis of property rights.

However, this simplified system has some complications:

1. The owner is forced to prove his ownership by applying to numerous authorities to obtain certificates and extracts.
2. Recognition of housing as suitable for habitation may take some time. A corresponding court decision will be required.
3. Incorrect registration of data in the land cadastral passport greatly slows down the registration process.

Having carefully studied the issue, you will understand that the dacha amnesty simplifies the process of registering property as much as possible. By collecting very few documents, you can easily legitimize any property.

If for some reason your property has not yet been legalized, then the decision to extend the “dacha amnesty” law was made on time. The decisive factors in choosing a registration method are its advantages: the minimum number of documents, a single place for their submission, speed of registration.