Home » Dacha amnesty » Filling out the dacha amnesty declaration
October 14, 2020 No comments
Many citizens living in cities want to buy a dacha to relax there in the summer.
This aspiration is associated with the desire to change the environment from noisy urban conditions to a quiet, peaceful place, close to nature.
Such citizens are wondering how to correctly draw up a declaration in order to be able to live in a dacha without any difficulties.
What it is
The term “dacha amnesty” means a simplified scheme for registering ownership of certain real estate properties.
This name was invented “by the people” in order to make it easier to determine the legislative act by which such a procedure was introduced by the State Duma of the Russian Federation.
A simplified procedure for registering objects was introduced by the norms of Federal Law No. 93-FZ of June 30, 2006 “On amendments to certain legislative acts of the Russian Federation on the issue of registration in a simplified manner of citizens’ rights to certain real estate objects.”
Legislative acts
To implement its provisions, amendments were introduced to the following acts:
| Federal Law “On state registration of rights to real estate and transactions with it” | the law was adopted on July 21, 1997, law number No. 122-FZ | |
| Land Code of the Russian Federation | It was adopted on October 25, 2001, law number No. 136-FZ. The key purpose of the Land Code of the Russian Federation is to ensure the safety of the state and municipal land fund, control over issues of its use | |
| Civil Code of the Russian Federation | its provisions regulate legal relations in various areas of property and personal non-property rights, which are based on the principles of equality of participants in legal relations, freedom of contract, inadmissibility of interference in personal affairs, inviolability of private property, etc. | |
| “Town Planning Code of the Russian Federation” dated December 29, 2004 N 190-FZ (as amended on August 2, 2019) | which contains rules of law regarding control over the use of land for construction | |
In addition, when registering real estate under the dacha amnesty procedure, the provisions of the Tax Code of the Russian Federation are taken into account.
The provisions of the above legal acts regulate the procedure that allows you to register real estate objects built on a dacha or garden plot.
Registration under a simplified scheme is allowed if the procedure for privatizing the land into the private property of its owner has previously been completed.
The process of privatization of such objects is carried out in accordance with current legislative norms.
When carrying out the procedure, the citizen receives title documentation for the dacha building. A necessary condition for registering property is filling out a declaration for the property.
The possibility of registering objects on dacha plots in a simplified manner is available until 03/01/2022.
The provisions apply to buildings that are actually used by their owners for their intended purpose, despite the fact that official permits for their construction have not been obtained.
What objects does it apply to?
At the legislative level, a list of objects for which ownership can be registered under a simplified scheme has been determined.
These include:
| Residential buildings | built on land plots allocated for individual housing construction (individual housing construction) |
| Buildings that are intended for running private household plots (personal subsidiary plots) | if they are located on plots of land for intended use |
| Garden houses | erected on land plots allocated for garden or country house construction |
| Outbuildings (sheds, garages, bathhouses, etc.) built within the boundaries of a dacha plot, on the lands of individual housing construction or private household plots | as well as other types of small houses and auxiliary buildings, the construction of which does not require obtaining permits. Their list is contained in the norm of Art. 51 of the Town Planning Code of the Russian Federation |
To register a dacha building, you need to obtain from the Rosreestr service a sample dacha amnesty declaration, which is issued to all applicants.
In order to take advantage of the simplified registration procedure, it is required that the country house be built on land that is used according to its intended purpose.
Who can apply
By virtue of the regulations of the Federal Law of June 30, 2006, certain categories of compatriots have the right to register land in a simplified manner.
These categories include the following persons:
| Having the right to lifelong ownership of a plot of land | in order of inheritance from relatives |
| Who own the plots under the rights of perpetual use | have land plots under the right of ownership of an organization engaged in production in horticulture and horticulture |
If a person belongs to those listed above, then they have the right to register ownership of a dacha plot and buildings on it free of charge.
Registration under a simplified procedure is carried out without completing technical requirements. inventory, accordingly, there is no need to contact the BTI.
Purpose and delivery procedure
It is filled out so that later the newly constructed object can be registered as ownership. That is, when a house, utility or other structure was built on the site, the owner of the land can officially transfer the objects into ownership (legalize self-construction). But first he must declare them, i.e. actually notify government officials about the existence of real estate on the site.
The form is filled out for all immovable objects built on a plot that belongs to a citizen with the right:
- ownership (full or shared);
- unlimited use;
- lifelong inheritable ownership.
If for some reason the owner cannot submit a declaration on his own, he does so with the help of a representative who acts on the basis of a notarized power of attorney.
This refers to stationary objects of any purpose, for example:
- Capital buildings – i.e. country or garden houses located on the site.
- Any outbuildings - bathhouses, garages, greenhouse complexes, etc.
- Structures – cellars, vegetable storages.
- Garages that are used only for personal (non-commercial) purposes.
This is important to know: Agreement of intent to lease non-residential premises: sample
Both citizens and individual entrepreneurs or legal entities engaged in commercial or non-profit activities can submit a declaration on such immovable objects and declare the existence of property. Contact the local branch of Rosreestr (Cadastral Chamber), which corresponds to the address of the land plot.
You can submit the form in two ways:
- Come to the department in person. The declaration must be accompanied by a cadastral plan of the site, as well as permission from the local Administration to carry out construction work. During the visit to Rosreestr, the applicant provides his passport, as well as a certificate of ownership of the plot.
- Send an electronic version. In this case, you must have your own electronic digital signature, otherwise the declaration will not be accepted for processing.
Declaration on dacha amnesty
According to the provisions of regulatory legal acts, individuals have the right to register ownership of dacha buildings built on plots of land that meet established criteria.
The right of ownership gives the owner full authority to carry out any legal transactions with such a building, including the ability to dispose of it under an agreement of donation, purchase and sale, and also transfer it by inheritance.
To a country house
You can obtain ownership of a country house or garden house on the basis of a correctly completed application.
A citizen must apply in an application form to the Rosreestr authorities to issue a title document for a specific property.
When submitting an application to register a building for which you do not need to obtain permitting construction documentation, you will need a certificate certifying the fact that the garden house is located on a site that belongs to the owner of the property as private property.
A declaration for a garden house is submitted if it is located on land that has a designated purpose, upon presentation of a certificate from the board of the gardening partnership.
Registration of property is carried out by a branch of Rosreestr or MFC (multifunctional center for the provision of services to the public) is strictly regulated by Article 16 of the Law “On State Registration of Real Estate” and is completed within 9 working days from the date of acceptance of the application and the necessary documents (if the dacha building has already been placed on cadastral registration); and 12 working days (in case of cadastral registration of real estate at the same time as registration of ownership).
It is important to remember that for registration you will also need a technical plan for the garden structure.
Other real estate objects
In fact, situations often occur where a property is owned on the basis of shared common ownership.
For example, a plot of land may be the property of a horticultural non-profit partnership, which was created by a group of citizens or organizations.
In this case, the size of the share owned by the applicant, which is written in the form of a fraction (for example, 1/30 share in ownership), should be indicated in the declaration for the object.
Legal acts on “dacha amnesty” issues allow:
- quickly register unauthorized buildings built on a dacha plot of land;
- obtain ownership of a plot that is allocated for farming, gardening or horticulture.
Procedure for assigning an address
To register in a country house built on a plot of land with a corresponding purpose, you need to assign an address to it. Its assignment is carried out by the municipal authority after the application is submitted by the owner of the site.
The application must be accompanied by title documents for the land and buildings built on it.
The Rosreestr service, in accordance with the norms of legal acts, assigns an address to the property within 18 working days. The application can be submitted:
- At a personal reception;
- With the help of a legal representative;
- Through the State Services portal.
After drawing up a cadastral passport indicating the address, you can register ownership of the country house, as well as register in it.
How to fill out
In essence, a declaration for a property under the dacha amnesty is an official document with the help of which the legal registration procedure is carried out by the Rosreestr service.
The document certifies the fact of construction of a building on a certain plot of land. It is filled out independently by the owner of the building.
The declaration form is approved by the provisions of the Order of the Ministry of Economic Development dated November 3, 2009 No. 447 “On approval of the declaration form for real estate.”
It should contain:
| Indication of the locality, location of the object | exact address (indicate region, city, street, number of the object being registered) |
| Name and type of real estate object that is entered into the Unified State Register of Real Estate | cadastral number of the plot of land on which the registered building is built |
| Year of commissioning of construction | intended purpose, technical characteristics, including area, number of floors, dimensions, number of rooms, communications, etc. |
| Materials used in construction | for foundations and walls |
| Network engineering | and an indication of the type of connection |
| Information | about the applicant, his legal status |
The declaration for the property is drawn up and signed by the owner of the property in person. Information about the applicant is entered in full. Corrections and typos in the document are not allowed, otherwise it may not be accepted or registered. Separate declarations must be completed for each property.
Refusal to accept the declaration
This document must contain only reliable information on the property. Otherwise, the applicant may receive a negative decision on his application for registration of ownership.
In some cases, the Rosreestr service may refuse to provide registration services under the dacha amnesty.
Possible grounds for refusal are as follows:
- Inconsistency between the information provided by the applicant regarding the actual area of the dacha plot and that contained in the cadastral plan.
- Inconsistency of information regarding the boundaries of the land plot defined in the title document and the cadastral plan.
In addition, refusal of registration may be made due to incompleteness of the data provided on the object.
Instructions
Rosreestr accepts declarations based on correctly executed documents for the site itself. You can register a building even on the basis of a lease agreement, but only on the condition that the construction has already been completed and put into operation, which is managed by the Inventory Bureau. An important condition is to correctly fill out the text of the declaration: without erasures or corrections, in printed rather than capitalized text.
You can submit a document for registration of ownership rights only for one piece of real estate, describing in detail:
- Detailed location of the building, which constituent entity of the Russian Federation it belongs to.
- Exact description of the type: for year-round or summer use, summer construction or intended for use all year round, type of use: for household or other needs.
- Cadastral registration data: plot number.
- The largest and most voluminous subsection describes the characteristics of the building, what communications are laid, what building material it is built from, how many floors and whether there is a basement. The declaration form itself already has all the data, you just need to mark it correctly.
- Then they describe the data about the owner of the constructed building, where he is registered permanently or temporarily, and the data from his civil passport. If there are several owners, then provide information about all of them, indicating their share.
- Sign and date the form.
This is important to know: Power of attorney for the sale of an apartment with the right to receive money: sample 2020
After registration, all documents will be transferred to the cadastral chamber for registration.
Set of documents for registration
To register ownership in accordance with the norms of current legislation, you must submit a correctly completed declaration.
Typically, a sample of its completion can be found at the information stand at the local branch of the Rosreestr service or asked from an MFC employee.
The declaration form should be filled out in correct, legible handwriting, without making mistakes, inaccuracies, or adjustments in its columns.
Two copies of the completed declaration must be submitted to the MFC for registration.
In addition to the application, the following documents must be submitted:
| Passport of a citizen of the Russian Federation, which certifies the identity of the owner of the object | registration certificate or declaration for a country house |
| Act of a local government body on the provision of a site | documents confirming the applicant's land ownership rights |
| Extract from the household ledger | as well as a cadastral plan of the site, which indicates its boundaries and boundary signs |
| Cadastral passport of a real estate property | receipt of payment of state duty, its amount is 350 rubles |
The amount of state duty is regulated by the provisions of Art. 333.33 of the Tax Code of the Russian Federation. In accordance with it, registration of property under the dacha amnesty is carried out for a fee.
After registration is completed, information about the property is included in the Unified State Register of Real Estate.
Read the latest news about the dacha amnesty in 2020 here.
It is also important to understand that the dacha amnesty has many advantages. The registration procedure is free of charge, with the exception of payment of state duty.
Video: “Dacha amnesty”: registration of rights to a garden house
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Sample of filling out the declaration
The declaration form for the house under the dacha amnesty can be found here.
A sample of the completed declaration is available here.
If the documents are provided correctly, then no earlier than in a month this building will have its own address. Next, you need to issue a cadastral passport for the building with the received address. A document that is evidence of the ownership of a given house can only be obtained after the official registration of the building, which already has a new address.
This is interesting: Dacha amnesty and Federal Law No. 340
The dacha amnesty is called Federal Law No. 93 of 2006, which allows you to switch to a simpler form of registration of land plots and houses owned by citizens of the Russian Federation. You can download a sample and declaration form for a dacha amnesty in this article.
How to correctly fill out the 3-NDFL declaration when selling an apartment (house, land, cottage)
In all other cases, it is necessary to fill out the 3-NDFL declaration and calculate the tax payable. If the apartment was in shared ownership, for example, the husband and wife each own ½ share, then each of the owners of the share must fill out and submit a declaration, that is, both the husband and wife will draw up a document, each indicating ½ of the income received from the sale.
This is interesting: Dacha consumer cooperative
If necessary, data from household books can be requested from the city administration. The cabins are connected to each other and do not have a strong connection with the land, i.e. Documents permitting commissioning and construction projects are also not necessary to recognize the building as legal. If the purchase and sale agreement for an apartment is dated December 2014 and the registration agreement is dated January 2015, can I submit a declaration this year for 2014? Good afternoon, no.
