And without a dacha there is no luck. In defense of the national symbol of Russian life

What you need to know

Privatization of land plots owned by municipal and state bodies is carried out today by both individuals and legal entities. The procedure itself is a transfer of ownership of certain property in favor of a private person by various government bodies.

Another option for registering a plot of land as your own property is the purchase of a plot of land that was previously provided for perpetual use, for lifelong inheritance, or in accordance with a lease agreement.

The procedure in accordance with which the transfer of a used land plot into private ownership is established by state bodies. From time to time, this procedure was subject to certain adjustments, while remaining a rather expensive and time-consuming procedure.

The existing conditions significantly complicated the procedure for privatization of land plots used by people for gardening or horticultural activities.

In this regard, a fairly large proportion of such owners, in principle, refused to register the territory as private property, not wanting to regularly transfer tax payments.

The state, understanding the existing difficulties in registering dacha plots, decided to simplify the existing procedure, but at the same time limiting the time frame for this operation.

If the owner of the dacha plot does not bother to register his own right before a certain date, the land plot will be transferred to the state.

Sample application for privatization of a land plot

The land has been privatized but the house is gone, what should we do in Belarus?

full property rights that open up opportunities for sale, exchange and inheritance;
protection of your home from illegal actions: only its owner can dispose of the registered territory - no one will be able to build anything on it or demand payment from you;
the possibility of erecting and registering new buildings, without registering the territory, all structures erected on it will be considered “sabotage”.

What to do if the land is registered as ownership, but the house is not? In this situation, it is absolutely necessary to register the ownership of the house. Because if there are no documents registering the ownership of your building, then from a legal point of view it does not exist.

Regulatory regulation

Starting from 2020, in order to register real estate located on the territory of land plots located in the area of dacha or garden societies, not a declaration must be drawn up, as was previously provided, but a full-fledged technical plan.

Representatives of Rosreestr indicated that this procedure for providing the required documents to summer residents has already been worked out, so the owners will not have to face any problems.

Experts have a slightly different opinion, since in fact the simplified procedure for registering various land plots remains, since the involvement of specialized cadastral engineers is not required to carry out land surveying work.

You can register real estate at the territorial office of Rosreestr or the nearest multifunctional center by submitting a completed application, as well as any documents confirming the legality of claims to the specified property.

The simplified procedure for registering land plots will be valid until March 2020. It is worth noting that from 2020, in order to legalize dacha plots, you will need to submit a corresponding application to the Bureau of Technical Inventory or authorized cadastral engineers.

Specialists will take all the necessary measurements, establish exact coordinates, and also formalize

technical plan

. In the vast majority of cases, documents are processed within one week.

The plot of land is privatized but the house is not, can it be sold?

Is it possible to legally sell a house without land? The first situation is that the residential building and land plot are owned by the same owner. According to the law, a house and a plot are a single property complex, this is declared by Article 35 of the Land Code of the Russian Federation, therefore if a house is sold, then the land plot is also subject to simultaneous sale.

According to the standard procedure, registration takes up to three months, two of which are allocated for consideration of the case by Rosreestr employees. If cadastral work has not been carried out, then the process may take a longer period, and in the event of a judicial challenge, it may even take 6 months.

Advantages and disadvantages

The key advantage of the dacha amnesty, which is in effect today, is that it provides the opportunity to register ownership of a land plot as simply as possible.

Another advantage of the existing system is that it is necessary to provide authorized employees of government bodies with a minimum of documents, and it is quite enough to fill out the appropriate application and attach to it a paper confirming the legality of the request for privatization.

Download Federal Law No. 93 On dacha amnesty

If we talk about the shortcomings of this system, then, first of all, it is worth noting the changed design of real estate located on the territory of a summer cottage. It will be possible to legitimize the erected country houses or any other real estate objects only if they have an appropriate technical plan drawn up in the Bureau of Technical Inventory or with the help of a cadastral engineer.

The procedure for preparing all necessary documentation takes at least one week, which leads to an increase in the duration of registration. In this regard, we can say that the key disadvantage of the existing system is the increase in financial costs, as well as the time during which registration activities are carried out.

Sample passport of a citizen of the Russian Federation

The procedure for privatization of land under a private house after March 1, 2020

provided for state and municipal needs;
adjacent to transport hubs and roads;
contaminated as a result of man-made or environmental disasters;
public areas (parks, natural reserve areas, street spaces);
forest and water zones.

Citizens must use land legally; this requires the availability of properly executed documents allowing them to own land. If such papers are available, privatization is carried out free of charge without any reservations in a simplified manner.
In the absence of documents for land or the presence of incorrectly executed papers, free privatization is carried out administratively.
The basis for free privatization is the attitude of citizens to a certain category - Heroes of Russia and the USSR, veterans, military personnel, orphans and some other persons.
You can privatize the land of a dacha plot for free under a scheme called “dacha amnesty.”

08 Feb 2020 juristsib 1306
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How to register a dacha in 2020

First of all, you need to contact the nearest Technical Inventory Bureau to draw up all the necessary technical documentation for buildings located on the territory of the land plot of interest.

It is worth noting that, in accordance with current legislation, owners of private houses are required to register their property with the cadastral register.

In particular, they are given the opportunity to use a simplified inventory system, with which it is enough to fill out a declaration, which will indicate the various technical characteristics of the object in question.

After this, an application is submitted to the territorial office of Rosreestr with a complete list of documents requested by representatives of this body. If necessary, you can submit the papers to the multifunctional center, whose employees will then independently send the papers to the government agency.

If one of the owners of a land plot is a minor or incompetent citizen, then in order to represent his interests, it will be necessary to issue a power of attorney, as well as receive an appropriate request from the guardianship authorities.

After the full list of documents has been accepted, the authorized employee of the registration authority will have to provide a receipt confirming the fact of acceptance of the documents, as well as indicating a specific date when the applicant will need to re-apply for all necessary documents.

If a mobile phone number is provided during the application process, a corresponding notification must be sent to it.

The period during which the procedure for registering ownership of dacha real estate should be carried out is no more than 20 working days. Any delays can only be caused by the inability to confirm certain information, in connection with which government officials required some clarification.

If necessary, all required papers can be sent to the territorial office of Rosreestr by mail, eliminating the need to visit government agencies yourself. In this case, each individual page will need to be certified by a notary.

The sender should carefully check in advance that all necessary documents are filled out correctly, since if any errors are discovered by government officials, the registration procedure can be very delayed.

What documents are needed

To privatize a summer cottage in 2020, you need to obtain the following list of documents:

an application prepared by the potential owner of the property;
a civil passport or any other document that confirms the identity of the interested person;
title documentation for the privatized land plot;
a receipt confirming payment of the state fee;
technical plan for country property.

applications for privatization of a summer cottage

Registration procedure

The registration procedure is as follows:

The interested person visits the nearest branch of BTI or another company that is engaged in surveying activities.
An authorized employee of the organization visits the property in question to take measurements.
The applicant is provided with completed documentation.
The state fee is paid according to the details provided at the multifunctional center or territorial branch of Rosreestr.
The applicant again visits Rosreestr within the prescribed period to receive the necessary papers.

Cost and terms

Land owners who decide to register their property rights in 2020 may face additional financial costs.

Previously, the procedure did not provide for the need to register a plot of land for cadastral registration, that is, it was enough for the applicant to fill out a declaration.

Federal Law No. 218 states that a cadastral plan, drawn up in full compliance with the norms of the current legislation, can serve as the basis for registering a dacha property, that is, it is no longer enough to simply provide a simplified declaration.

In 2020, it is planned to call an authorized cadastral engineer to register ownership of a land plot. This specialist will have to carry out all the necessary measurements, determine the coordinates of the plot in question, and also draw up a technical plan for any property located on the specified territory.

The procedure for obtaining a technical plan is paid and is paid by the potential owner of the property. The cost of services of a specialized cadastral engineer in the vast majority of cases ranges from 5,000 to 10,000 rubles, but depending on the area of the site it can be increased.

Only after the specialists have drawn up the plan will it be possible to begin registration. It is worth noting that in this case it will no longer be necessary to carry out the procedure of surveying and measuring the site, as was previously required.

Many citizens are also interested in how long it will be possible to register ownership of a dacha plot using a simplified system, since the Land Code is constantly subject to various amendments.

With regard to residential buildings, the dacha amnesty was extended until March 1, 2020, and until this moment, in order to register a house as private property, it will not be necessary to obtain an official permit to put the building into operation.

After this period, documents will not be accepted by the registration authorities. At the same time, free privatization of land plots will be valid until 2021.

Taxation

Many owners of country houses think about how much dacha tax they need to pay for the use of such real estate. If the dacha is located on the territory of the corresponding cooperative, in principle it is not necessary to pay tax.

In addition, no real estate can be taxed if its area is less than 50 m2, and if the specified building and other objects exceed the specified norm, then in this case it will be necessary to pay the required amount for the excess footage.

Insure your dacha

possible from fire or any natural disaster.

Where to start privatizing a dacha in 2020 - see here.

The house has been privatized but the land is missing, what to do?

And I’m afraid that while I’m tormented by doubts, the dacha will be taken away from under my nose. I would like to get advice from a competent lawyer regarding registration - why it is not advisable for us to register the house after purchase, what risks there may be, etc. If the house is privatized, but the land is not: what should the owner do?

Contacting the municipality or a branch of the Federal Property Management Agency;
Issuance of a certificate of preliminary approval of privatization;
Carrying out boundary work and registering the site on the cadastral map of the area;
Issuance of permission for privatization;
Payment of the state duty and application to the Rosreestr authority;
Registration of property rights.

Participants and objects

Certain categories of citizens can take advantage of the state amnesty, which allows certain categories of citizens to collect a minimum package of documents to register ownership of country houses or private buildings. Participants are citizens who have the right:

Lifetime inheritance.
Indefinite use of territories.
Ownership of a plot owned by a legal entity whose activities are related to the fields of vegetable gardening and horticulture.

Land owners can register their existing buildings free of charge under the dacha amnesty in 2020. To do this, they must previously have been officially allocated land plots for a specific purpose.

The dacha amnesty from January 1, 2020 makes it possible to secure various objects in private ownership. Among them:

Residential buildings in areas allocated for individual housing construction.
Buildings on land that was provided for farming.
Garden buildings on the territories of specialized partnerships for organizing dacha farms.
Household buildings erected on allocated plots.
Other buildings for the construction of which, according to current legislation, no special permit is required.

Summarizing the information presented above, we can summarize: the dacha amnesty applies to real estate that is located on land plots exclusively for special purposes.

Privatization of a dacha, a house on a dacha plot, a dacha plot

No, not necessarily. And if you don’t need a garden plot with a country house, then you don’t need it. In any other situation, it is necessary to carry out privatization. Being only a user, a person actually has only limited rights to use the land and the house, even if he built it there himself.

Step-by-step instruction

Registration of a house under the dacha amnesty 2020 can be done by following the step-by-step instructions. Its main enlarged stages are as follows:

Drawing up a declaration in accordance with the proposed sample. The document records the number of floors and area of the property, and also indicates the boundaries of the land plot owned. The declaration is submitted to Rosreestr
. The answer comes within a month, after which you can move on to the next stage.
Carrying out activities related to cadastral registration. This procedure requires land surveying to be carried out by a cadastral specialist, followed by his drawing up of a technical plan of the land plot.
Providing all necessary documents to Rosreestr, including the developed technical plan, for registration in order to secure ownership rights.

What compensation can owners of private houses expect during demolition?

Also, residents of houses have the right to request that the state reimburse them not only a place to live, but also a plot of land for growing vegetables and berries. And in this case, the administration cannot refuse to provide everyone with a plot of the same area as it was. It is also necessary to compensate for the courtyard buildings, bathhouse, garage, barn. So, for example, a bathhouse of 20 square meters adds up to 150 thousand rubles to the cost of a house, and a garage with a capacity of one car adds 300 thousand rubles.

After the Department of Architecture gives a response in accordance with the administration’s application, residents of the houses that are subject to demolition are notified. At the first stage, even more houses may be demolished than the area required by the state.

This is interesting: BSO To Tax Since 2020

Declaration

Registration of a house under the dacha amnesty from 2020 requires filling out a declaration in a legal form personally by the owner in two copies. Until this time, it was enough to write a statement in any form

. The document provides the following information:

The exact name of the property.
The location of a specific land plot.
The year the building or residential building was erected.
Number of floors of the building.
Personal information about the owner of the land plot.

Filling out the declaration should be taken with great responsibility. Any errors and inconsistencies subsequently discovered during inspection by specialists will lead to the fact that registration according to the simplified procedure, in accordance with the dacha amnesty, will be denied.

Cadastral registration

Since 2020, amnesty for residential buildings built on targeted plots has become more difficult due to stricter legal requirements. It introduced conditions that oblige a house to issue a technical passport under the dacha amnesty

. It is the basis for cadastral registration and registration of land ownership.

To obtain a technical passport, you must use the services of a cadastral engineer. As a rule, such activities are carried out by individual entrepreneurs, but you can also contact specialized companies

. The cost of the service depends on various factors and is determined individually.

To draw up a contract for the production of a technical plan, you will need to provide:

Personal information about the customer of the service.
Title documents confirming ownership of land.
Permission to construct the facility, if required by law.
A completed declaration with information about the object.

Attention! Summer residents who do not have a document confirming the allocation of a land plot need to contact the municipality where they can get an extract from the household register. It must be certified by a seal.

The registration certificate is issued and legalized by a specialist within approximately 15 days. The document is not required in the following cases:

The land plot has already been previously registered in the state register.
The site was allocated by decision of a non-profit partnership by the partnership for vegetable gardening, horticulture and dacha needs.
Registration is not required for any legal reason.

For a garden house built on a plot of land owned by a cooperative or society, ownership of the land must first be confirmed with the local government. To register a dacha as a property under the dacha amnesty, an application is written describing the boundaries of the existing plot

. The document is drawn up in any form. After its consideration, a decision is made containing the following information:

The fact of targeted allocation of land is confirmed.
Property boundaries are fixed.
Certified copies of constituent documents are attached.