What is this?

Last year, Russia adopted a new law on dacha amnesty. This means that the opportunity to register dacha real estate under a simplified scheme has been extended until March 1, 2021. The previous dacha amnesty was in effect from 2006 until March 2020. Millions of Russians took advantage of the simplified procedure for registering real estate - they registered about 13 million land plots, houses and other real estate objects.

The main difference of the new law is that its effect extends to garden and residential buildings located in the territory of gardening and vegetable gardening. It does not affect houses located on plots for individual residential construction (IHC) or personal subsidiary farming (LPH) within cities, villages and other populated areas.

How to register a garden plot as a property using a garden book

It is worth registering the acquired property using a garden book in order to become its full owner. You will be able to dispose of the property as you wish. There are plenty of rights: you can sell your dacha, rent it out, donate it or pass it on to your heirs.

Privatization of a dacha using a garden book - how to privatize a dacha plot if you only have a book in hand?

Write a personal statement to the authorities. Ask the specialists to provide a certificate confirming ownership of this land plot and dacha, since you only have the SNT book in your hands.

Before proceeding with the privatization of a dacha, it is necessary to prepare a certain package of documents. Since 2020, the procedure for legalizing a dacha has become somewhat more complicated. The fact is that from the beginning of 2020, in order to privatize a dacha, you must first obtain a registration certificate from the BTI. This was done to eliminate abuses by property owners who artificially reduced the area of ​​the building, thereby reducing the tax base.

1. Together with the technical plan and the individual’s passport, an application is written to Rosreestr for cadastral registration of real estate. The process takes no more than 5 days.
2. After which the potential owner must declare his rights in relation to the dacha through Rosreestr or the MFC. To do this, he writes an application in the prescribed form, attached to it is the applicant’s passport, the registration certificate of the house, a copy of the garden book and the SNT charter. The applicant also needs to submit a document on the basis of which he disposes of the plot: this is a resolution on the allocation of the plot for use from the horticulture board or an extract confirming his ownership rights (if the privatization procedure for the plot has already been completed earlier). To register ownership of a house, a state fee of 2,000 rubles is paid.
3. When Rosreestr specialists check the information, a mark will be added to the unified register confirming that the applicant has received owner status.

Step-by-step instruction

According to current legislation, plots in SNT that were received by citizens for use before 2001 can be privatized absolutely free of charge. To privatize them, there is no need to carry out a land surveying procedure, spend money on the services of a cadastral engineer or purchase land from the municipality.

The main thing is that the land used by the member of the partnership is documented - clause 2.7 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ. The garden book itself is NOT a document of title for registering a plot. But it will be necessary to request these very title documents (stage No. 1). The garden book only says that such and such a citizen is a member of a certain partnership and such and such a plot is assigned to him - clause 13 of Art. 12, art. 7 and art. 9 of the Federal Law of July 29, 2020 N 217-FZ. It is precisely “written”, although the garden book itself does not prove the fact of membership and use of the plot.

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What does it concern?

The new dacha amnesty covers a residential and dacha house, a garage or a permanent outbuilding if:

• they are not intended for commercial activities;
• they are located on the territory of gardening and market gardening, and not on plots for individual housing construction;
• There is no information about the rights to them in the Unified State Register of Real Estate (USRN).

In addition, you can register a house without going to court if its construction began before August 2020 on land for individual housing construction or private plots. To do this, you will need to submit a notice of the start of construction to the local administration by March 1, 2021.

Buying a plot using a garden book

• you do not have the right to conduct transactions for the alienation of SNT land;
• you will have to deal with procedural issues related to transferring money and recording this fact yourself at your own peril and risk;
• when registering land ownership, it is necessary to collect a large number of documents confirming this right, and it is possible that lost information about the site will have to be restored through the court;
• the process of privatization of such lands, as a rule, is lengthy;
• Since the booklet confirming membership in SNT does not undergo state registration and notarization, there is no guarantee that the same document will not be issued (or has not already been issued) to another user.

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Is it worth buying a plot of land using a garden book?

The owner of SNT lands is the local government body on whose territory these plots are located. In this case, you can find out about the possibility of privatization of such lands from the local administration. Perhaps these areas are encumbered and restricted in circulation, or there is an easement.

If we look at it in detail, the land was provided not by the state, but by a gardening partnership. The state allocated him a large piece of land, which was divided into plots and distributed to citizens. Our plot is also part of a gardening partnership and is intended for gardening.

Why register a dacha?

Registration of ownership of a property, according to current legislation, is of a declarative nature. However, it gives the owner of the object a guarantee of compliance and protection of this right, and also allows him to freely dispose of such property. Such a dacha can be insured, it is easier to sell, rent out, or pass on by inheritance.

Another plus: a country house, if it is officially registered (that is, the rights to it are registered and it is registered in the cadastral register), can later be converted into a residential one, if such a need arises, and, accordingly, obtain registration there.

Taxation of a dacha donation agreement in 2020

Based on the information contained in Article 207 of the Tax Code of the Russian Federation, real estate donation transactions are subject to tax, the amount of which currently amounts to 13% of the total value of the transaction, that is, the cost of the dacha.

The cadastral value of real estate, in accordance with paragraph 1 of Article 402 of the Tax Code of the Russian Federation, is included in the tax base for the mandatory payment of personal income tax. At the same time, this value cannot differ greatly from the real market value of the same object (or the gift itself after an appropriate assessment) and be lower than it by more than 20%!

EVERYONE NEEDS TO KNOW THIS:

Responsibility for deed of gift

Also, it is worth noting that if a close relative, exempt from taxation, decides to sell the dacha within three years from the date of transfer of ownership to him, he will have to pay 13% of the cost of the property.

Donees who are distant relatives, like strangers acting in this role, must pay personal income tax in full, without any special deductions. The Tax Code of the Russian Federation establishes the deadlines within which such recipients should prepare and submit a declaration to the tax office (until April 30 and until July 15 of the following year, which follows the year of the donation transaction).

An example from the practice of lawyers on the website “Legal Ambulance”

Citizen Ryzhikova O. wanted to give her nephew a dacha - a small house with a plot of land, the cadastral value of which was 1,500,000 Russian rubles. Since the aunt and nephew, according to the above rule, are not considered close relatives, the donee had to pay income tax according to the following formula:

1,500,000 Russian rubles x 13% = 195 Russian rubles

Moreover, if these citizens formalize the purchase and sale (provided that the dacha has been owned by the donor for more than 3 years), there will be no need to pay personal income tax. If this property was owned by Ryzhikova for less than three years, you will have to pay an amount that will still be less than when registering a deed of gift:

1,500,000 Russian rubles - 1,000,000 Russian rubles (tax deduction) = 500,000 Russian rubles x 13% = 65,000 Russian rubles

How to do it?

Step 1.

Prepare a package of necessary documents. It includes:

• title documents for land (for example, a decision of a local authority to provide a plot, a certificate of ownership or the right to lifelong inheritable possession, permanent or perpetual use);
• technical plan (prepared by a cadastral engineer based on a declaration or design documentation);
• corresponding statement.

Step 2.

Submit documents to the registration authority. Citizens can do this independently in any convenient way: through the MFC, by post or using electronic services.

Step 3.

Pay the state fee for registration of rights.

How to register a garden plot as a property using a garden book

As they say in the department of Rosreestr for the Krasnoyarsk Territory, a garden book, in accordance with current legislation, is not a document on the basis of which it is possible to carry out state registration of an individual’s ownership of a land plot and a real estate object located on it.

Documents confirming ownership:

The period for state registration depends on where the applicant submitted the application and documents required for state registration. If interaction is carried out through a multifunctional center, then registration will take nine working days. If a person applies directly to a branch of the Federal Cadastral Chamber of Rosreestr, then the state registration period will be seven working days.

2. Then you need to contact your local government. Here you need to take into account the territorial location of the land: if it is a plot within the boundaries of a populated area - to the municipality, if outside its borders - to the branch of the Federal Property Management Agency. Write an application for privatization of a land plot to SNT. All that remains is to wait for the official decision on the right to register the land.

◦ there are no documents for the land, but there is membership in the community; ◦ there is a certificate of right, but the type of right or personal affiliation is not indicated; ◦ there is a plot of land in possession and use, but there are no title documents.

Algorithm for carrying out the administrative procedure

3. We receive cadastral information about the site. If you are a member of SNT, then ask for copies of documents from the chairman of the gardening partnership. The information is attached to the received permit from the local administration. Next, the information is entered into the Unified State Register and the public cadastral map.

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In the application for registration of ownership of a garden plot, you must indicate information about the applicant, about the land plot, about SNT, about the location of the plot and the presence of real estate registered on it. In general, the sample application for privatization is common to all types of privatization.

A vegetable garden, or, more correctly, a plot of land in a garden partnership (SNT), falls under the “Dacha Amnesty”. This means that a simplified scheme for privatization and registration of land allotment is available for garden plots. In addition, you will need to obtain a conclusion from the management of the partnership (SNT), which will confirm information about the applicant and about the site that is being privatized.

Statement

If there are already any buildings on the privatized site, then for successful privatization it will be necessary to draw up a declaration for each of them.

1. You will not need to call technical specialists to carry out land surveying and cadastral work on the site; you just need to contact Rosreestr or a multifunctional center.
2. It is necessary to provide any title document or an extract from the State Cadastre service in order to register ownership of the dacha. You will not be required to provide any other documentation this year.