As always, we will try to answer the question “How to Register a Garage Under the Dacha Amnesty 2020”. You can also consult with lawyers for free online directly on the website without leaving your home.
The law on dacha amnesty protects the rights and interests of citizens - with its help you can get land and buildings located on the site completely free of charge, acquire real estate and solve many related problems. What it is, what is the procedure for completing it, and whether there are instructions for the process, we will tell you in our article. A person referring to the prescription of possession may add to the time of his possession the entire time during which this property was owned by the person whose legal successor he is.
The dacha amnesty, a right registered in a declarative manner, makes it possible to dispose of the property, for example, to sell it. So, before moving on to registering a garage, you need to start collecting those documents without which it will not be possible to register the garage as your property. First of all, this is a document, one of the acts of the authorities, which were granted the right to use the site, and the fact of ownership was established.
How to register a garage under the dacha amnesty
The dacha amnesty provided the greatest relief in the design and registration of buildings for objects whose construction did not require a building permit: dachas, garden houses, bathhouses, gazebos, greenhouses, garages.
- underground parking lots, as well as garages located in multi-apartment residential buildings and commercial buildings;
- garages that are part of an individual residential or garden house, buildings for production, industrial, commercial purposes (these also include buildings where repair, maintenance and vehicle washing services are provided);
- garage premises used by government agencies and other territorial authorities, as well as transport companies.
What are the pros and cons of privatization?
A municipally owned garage can be privatized within the framework of an approved privatization program at auction, through redemption .
A structure that is an unauthorized construction of previous years can be privatized by recognizing the right to it in court .
While ownership of the building is not registered, authorities may seize the site for municipal needs, for example, for building a house, laying communications, roads, which will entail the demolition of the illegal building.
Advantages of garage privatization:
- Only such a garage can be an object of purchase and sale, donation or rental.
- The property to which ownership is registered can also be inherited property or a pledged asset.
- A privatized garage becomes a source of income if it is rented for a long time.
A significant negative factor for the owner is the need to pay property taxes annually.
The unity of fate of the garage and the area under it will require the privatization of the land, which will entail additional costs and taxes.
Changes in legislation in 2020 regarding privatization
An important legislative change in 2020 for the privatization of garages was the extension until March 1, 2020 . the possibility of a simplified procedure for registering the right to them within the framework of the “dacha amnesty”.
This allows you to legalize a building located on a site for garage construction. Permission for construction and commissioning is not required in this case.
The owner is allowed to independently draw up a declaration containing data on the cadastral number of the plot, address, and technical characteristics. The declaration is the only document confirming the creation of a garage.
From 2020, property tax, including garages, will be calculated from the cadastral value of the property, which will lead to an increase in tax.
The acceleration of the privatization process is facilitated by the strengthening, starting from March 2020, of administrative liability for unauthorized occupation of plots and use of them without documents. For this, fines range from 5,000 to 10,000 rubles (Article 7.1 of the Code of Administrative Offenses of the Russian Federation) .
Timely registration of rights to the site and buildings on it will help you avoid liability.
Dacha amnesty extended until 2020: how to register a house in SNT
The state creates all the conditions for the rapid registration of real estate by citizens to record such objects, filling the databases with reliable information about their quantity and characteristics. But the main point is the taxation of land and buildings with property tax and replenishment of the treasury. That is why many citizens do not seek to formalize the ownership of a residential building on a summer cottage, despite threats of recognizing them as unauthorized buildings.
As amended by this law, the deadline for registration of individual housing construction objects is March 1, 2020. However, the expected activity in this matter did not justify itself. Citizens are using this opportunity, but still quite a lot of real estate remains not properly registered. It is for this reason that a bill was introduced to the State Duma, which once again postponed the registration deadlines.
Where to start privatization?
The possibility, procedure and sequence of privatization of a detached garage depend on the availability of documents for the land.
You can take advantage of the “dacha amnesty” conditions.
If the plot was previously provided for use or inherited possession , you can register ownership of the land by submitting an act of an authority or a certificate to Rosreestr.
If there are no rights to a land plot, it is necessary to begin with its surveying with the help of a cadastral engineer. Establishing the boundaries of the plot will make it possible to register it and obtain a cadastral passport.
A plot of land registered by a local authority can be leased to the owner, which, in turn, will make it possible to register the right to a garage.
Ownership of an unauthorized construction can be recognized in court if this does not violate the rights and interests of other persons.
a claim with the court , but before that it is necessary to resolve the issue of registering the right to land, as well as obtain a passport for the building after it is registered in the cadastral register.
The privatization of a garage in a cooperative is distinguished by the need for the cooperative to participate in this process as a legal entity.
It is impossible to do without documents on the provision of the site to the cooperative, permission for construction and commissioning.
Any of these options will ultimately require an application to Rosreestr to register the right.
Registration of a garage under the dacha amnesty in 2020 instructions for use
The peculiarity of using a simplified registration of private ownership of a cooperative garage is as follows. Firstly, this procedure is very well suited for individual garages, but difficulties arise with cooperative ones. After all, a cooperative member has no right to land. Such a right is issued to an organization, which receives the corresponding title document.
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It is worth noting that the period of validity of this “dacha amnesty” has not been formally established, however, the requirements for the list of documents currently presented are valid only until March 1, 2020. After this, additional papers may be requested from the Rosreestr TO.
Documents required for privatization
The list of documents required for privatization also depends on the method of recognizing the right to a garage.
As part of the “ dacha amnesty ”, any of the government acts will be required for the plot:
- act on the provision of land;
- certificate of entitlement;
- an extract from the household register about the law (for personal subsidiary plots);
- other document establishing the right.
A declaration in a form approved by law will be required for the garage.
If a right is recognized in court, a court decision on recognition of rights that has entered into force must be presented.
If privatization is carried out on the basis of land documents, it is necessary:
- resolution of the authority on the provision of the site;
- plot lease agreement (at least two originals).
For boxing in a garage cooperative you will need:
- certificate of membership in the cooperative and payment of shares;
- minutes of the meeting on membership in the cooperative;
- act of an authority on the allocation of a site for construction;
- construction permit, permission to enter the facility;
To register the first box, you need documents of the cooperative as a legal entity.
The registering authority will receive the cadastral passport from the cadastral chamber independently.
How to register a house or plot of land under the dacha amnesty
- location of the building (address, see above);
- name of the property;
- its type (house, garage, sauna, etc.);
- number of floors, including underground;
- year of construction;
- total area of the facility;
- what building materials were used to create the structures;
- available connections to communications (electricity, water, gas);
- cadastral data of the plot on which the structure is located;
- personal information of the owner.
- the land plot is already registered in the state register;
- the plot was allocated by the partnership, and there is a certificate about this from the board of this organization. This happens when the initial target allocation of land included: growing a garden or vegetable garden;
- organization of personal subsidiary farming;
- use as a dacha;
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Privatization of land under the garage
To register rights to a land plot under a privatized building, the owner must contact the local government authority with an application for granting ownership of the plot , to which must be attached:
- cadastral passport for the site (based on survey results);
- document on the right to a garage;
- extract from the register of rights.
The owner of a building can obtain the right to land by purchasing it without holding a tender. The redemption is formalized by a resolution of the municipal body and an agreement.
The cost of land privatization varies depending on location and local legislation.
If you own a box, that is, part of the complex, the right to a share in the common ownership of the land , the registration of which will require the participation of the remaining shareholders.
For heirs of garages, another way of acquiring land is possible. Having a certificate of inheritance, another title document for the building and a document confirming the previous owner’s right to use the site, the copyright holder can register ownership of the site under the garage.
“Dacha amnesty” allows a citizen to formalize the right to a plot if it was provided to him for use before the introduction of the Land Code of the Russian Federation and has a permitted use - for garage construction . Land surveying of previously registered areas is not necessary for registration.
How to register a house under the dacha amnesty: step-by-step instructions 2020
It is important to take into account that the procedure for submitting documents and the composition are clearly established by law, therefore no employee of the registering organization has the right to correct it. As soon as all documents are transferred to the relevant authority, the applicant receives a receipt. Upon completion of privatization, he becomes the legal owner of the plot or dacha building.
- If the certificate confirming the right to property was issued later than 1998
- The gardening partnership issued a confirmation letter stating that the registered object is located on a land plot registered as the property of the applicant.
Privatization procedure and terms
The privatization procedure may differ depending on the method of registration of property and the type of object.
In any case, based on the boundary and technical plan, it is necessary to register both the garage and the land.
Obtaining a document of title for a plot is possible by contacting local authorities or, according to the norms of the “dacha amnesty” - registration authorities.
Depending on the specific situation, ownership can be issued:
- within the framework of the “dacha amnesty”;
- based on the documents of the cooperative;
- By the tribunal's decision.
For example, open ownership of an unauthorized structure for more than 15 years will allow recognition of ownership by acquisitive prescription.
After receiving the necessary documents for the privatized garage, in order to create ownership, it is necessary to register it.
The timing of the privatization procedure varies greatly depending on the circumstances and the necessary operations to obtain the right.
Carrying out on-site measurements, drawing up boundary and technical plans can take more than one month of work of a cadastral engineer.
The period for the authorities to make a decision on granting ownership of a plot of land cannot exceed 30 days from the date of receipt of the application and documents.
In accordance with the “dacha amnesty”, the period for privatization of the garage is limited by law until March 1, 2020.
Dacha amnesty: how to register a house and plot
The plot falls under amnesty if you have any title document in hand. The statute of limitations for this type of documentation does not matter. In the absence of such property rights will have to be defended in court. To register a land plot, you need to contact the Rosreestr authorities, and be sure to fill out an act on the property, an application on a special declaration form and attach all the necessary documents. This:
If a citizen owns a plot of land and a residential building has been built on it, he is required to register it under the dacha amnesty. Until the spring of 2020, this can be done for free, after which the service will be provided on a paid basis. The owner of the land plot needs to contact the Housing Chamber and provide the following package of documents:
08 Feb 2020 juristsib 901
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Obtaining a certificate of ownership
Privatization can be considered completed after receiving a certificate of title , for which the owner must submit documents, an application and a receipt for payment of state duty to Rosreestr, the Cadastral Chamber or the Multifunctional Center.
Documents can be submitted either in person in originals and copies, or by mail , and all documents must be notarized.
It is possible to send documents in electronic form, but with an enhanced electronic digital signature.
The state fee for registering a box on a site for garage construction is 350 rubles . The registration period cannot exceed 10 days .
After the documents are accepted, a legal examination is carried out, based on the results of which a decision is made on registration or suspension if there is doubt about the possibility of registration.
If a decision is made to register the right, an entry about this is made in the register, and the owner (at his request) is given a certificate or an extract from the register.
How to register a house under the dacha amnesty - what you need to know
And I must say, it was a success, since the possibility of getting a discount attracted me so much that I didn’t really think about the design of the future building. In addition, our chairman of the dacha community, who was considered a “knowledgeable” person, argued that the main condition was compliance with building regulations, and not registration.
After a positive decision is made, the house is assigned an official address in the dacha area (for this it is necessary to submit a conclusion to the board of the dacha village). After this, the citizen has the right to officially register at the passport office and receive the right to live in a country house.
Possible reasons for refusal to privatize
Refusal to privatize is possible both at the stage of obtaining title documents and at the stage of registering the right.
The court may refuse to recognize the right to an unauthorized structure if there are no legal grounds for using the site.
The authorities, when considering an application for the provision of a plot within 10 days , may reject it if the necessary documents are missing.
During the 30-day inspection period, the authorized body may refuse to grant the right if one of the 25 grounds specified in the Land Code is present, in particular, if the application is made by an inappropriate person, the plot is withdrawn from circulation, and is reserved for state needs.
Privatization may be refused at the registration stage if it is suspended for a month or when:
- documents required by law have not been submitted;
- the claimed right contradicts the already registered one;
- the document was issued and signed by an improper person;
- the object has not passed cadastral registration.
Refusal to register can be appealed in court.
