Why register a house as a property on a summer cottage?

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Published: 07/09/2017

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Citizens' dacha plots are often used by citizens without ownership rights to them; this imposes a number of restrictions both on the use of the plot for construction and on the possibility of selling or inheriting such a plot.

Citizens can register ownership of their plots of land free of charge, provided they have the necessary documents.

• Finding a summer cottage plot on land that is not registered as property
• How are property rights registered? Preliminary stage
• Collection of documents
• Registration procedure

Why privatize a summer cottage?

Privatization of such real estate is the registration by the summer resident of ownership of state land provided by the municipal authorities. This procedure is not mandatory, but still, if the summer resident has plans for this land, then it is necessary.

You need to privatize a garden plot in order to have the right:

• Carry out any legal transactions with the site.
• Rent out the cottage.
• Pass it on by inheritance.

Conditions of the dacha amnesty for the site

But not every land plot falls under the land amnesty. There are different conditions and different deadlines:

Indefinite . It concerns lands that were in the legal possession of the owner before October 30, 2001. Possession means (not yet registered) the right of ownership, lifelong inheritable possession, permanent use, or the right is not established (the document either does not say about the right or the contents and meaning, for example, the documents may contain the following wording: “provided for private ownership” or “allocated for personal possession”, etc.). The purpose of the plot can be: for personal subsidiary farming, summer cottage farming, vegetable gardening, horticulture, individual garage or housing construction.

Until March 01, 2022 . A member of SNT can receive a free plot of land as his own property, even if he simply has membership in a gardening/vegetable garden/dacha partnership. True, there are additional requirements:

• SNT must be officially registered as a non-profit organization before 01/01/2019;
• the purpose of land only for vegetable gardening, horticulture or a summer cottage (neither for individual housing construction, nor for private plots);
• a specific plot of land is distributed to a specific gardener by decision of the general meeting of the SNT or by order of the chairman (if he has such authority).

Thus, the dacha amnesty for a land plot does not apply to all types of plots.

What to do if there are no documents?

There are cases when a summer resident cannot find any documents that establish his rights to use such a plot of land, especially if the plot was issued for use back in the USSR, which was then a common practice. Without such papers, the privatization procedure becomes more complicated, since a person will need to prove the rights under which he uses the dacha plot.

To do this, he should contact the authorized bodies that issued this land. In most cases, it is represented by the local administration, which means that the summer resident must contact its boss with a corresponding request. The application must indicate all the information that is known about the receipt of the plot, for example, when and to whom it was issued, its address and cadastral characteristics.

Reference! You also need to write there whether there are buildings on the land plot and how the plot was used.

Also in the text of the application you need to write a request for the issuance of a title document and permission to privatize the land. If the administration makes a negative decision on the request, it can be challenged in court.

How to apply for a dacha amnesty

There are three variations in the design of a house under a dacha amnesty (or a plot of land):

• registration of only the land plot (usually if there are no buildings);
• registration of rights exclusively for structures standing on the ground. As a rule, the land has already been registered as a property;
• simultaneous registration of land and buildings.

Which way to go is up to the citizen, but most often it depends on the subject of legalization.

"Amnesty" of a land plot

It is necessary to prepare a document on the basis of which the right will be registered:

• act on the provision of land (in ownership, other possession, but not for rent), issued by the state. (municipal) body, institution or enterprise (who owned the site before transfer to a private person);
• a certificate of ownership, possession or use of a citizen for an old-style plot (up-to-date and in compliance with the legislation at the time of its issuance, but before the entry into force of Federal Law No. 122 of July 21, 1997),
• an extract from the household register indicating that the person has the right to a land plot (this only applies to land for personal farming);
• minutes of the general meeting of the collective farm, the decision of the state farm administration to provide an allotment;
• purchase and sale agreement, gift, certificate of inheritance (if the original owner has changed). Such documents are submitted along with those that confirm the authority of the previous copyright holder.

The listed documents may be in the citizen’s hands, or they may be in municipal archives.

Decoration of houses and buildings

Documents confirming the fact of creation of the structure:

1. Declaration of the property (for a country house, gardener’s house, garage, bathhouse, barn, gazebo, utility block and other objects that do not require a building permit). The dacha amnesty declaration is filled out independently, it contains information about:

1. address;
2. type and purpose of the object;
3. squares;
4. number of storeys;
5. composition of the walls;
6. connection to engineering and technical highways;
7. completion time of construction;
8. owner, etc.

The declaration form is provided for by Order of the Ministry of Economic Development No. 447 dated November 3, 2009 and is freely available on the Internet. Filled out easily and intuitively.

2. Land document. These documents were discussed above. If the right to the plot has already been obtained in the required manner, then nothing needs to be submitted.

3. Technical plan. It is compiled by a cadastral engineer based on the declaration.

4. Notification of planned construction. For houses on individual housing construction lands, private plots.

Step-by-step instruction

Read more about the procedure for privatizing a summer cottage.

Collection of papers

In addition to the papers that confirm the right to use the dacha plot, other documents will be required for privatization, namely:

• An extract from the Unified State Register indicating who is the owner of the land being registered.
• Cadastral passport.
• Papers about the presence of buildings on the site.

If the summer resident does not have a cadastral passport in hand, then the applicant must draw up a site plan that illustrates the location of the boundaries of the land plot relative to other sites and roads. This plan must be certified. This can be done from the management of the dacha cooperative.

A certificate of buildings can be obtained from the BTI. In such a document, residential premises and garages must indicate such information as the number of their registration certificate and their characteristics, and buildings for economic purposes must be indicated in a separate list, which must be certified by the dacha cooperative.

Drawing up an application

After the applicant has collected all the necessary documents, he must write an application to the land resources committee, if the site is the property of the municipality, or to the local branch of the Federal Property Management Agency, if the land is the property of federal or regional authorities.

The application form for this type of privatization was approved by Order of the Ministry of Economic Development No. 622. It must contain the following data:

1. the organization to which the application is being submitted;
2. Full name and address of the applicant;
3. address of the site they want to privatize;
4. category of land and its purpose - summer cottage construction;
5. the presence of any encumbrances;
6. type of right to use the dacha plot;
7. details of the document that establishes the rights to use land and structures;
8. a list of buildings located on the land plot (whether it is necessary to privatize the house and all buildings, including unfinished ones, after the privatization of the dacha plot and how to do it, read here).

When submitting an application, the citizen must be given a receipt for the documentation.

Read more about what documents are needed to privatize a summer cottage and how to draw up an application in a separate publication.

Payment of state duty

According to Federal Law No. 93, the procedure for privatization of dacha plots for 2020 is free. But the applicant will have to pay a state fee of 200 rubles for property registration services. It is paid after receiving permission for privatization.

Appeal to a government agency

After a citizen has received permission for privatization, he needs to contact government authorities in order to register the right to property. The authorities that deal with this issue are Rosreestr and the MFC. To register the right to a dacha plot, the applicant must provide these authorities with the following documentation:

• copy of passport;
• cadastral passport for the plot;
• received permission to privatize the land plot;
• receipt of payment of state duty.

This procedure is carried out within 14 days.

After its completion, the citizen is recognized as the official owner of the dacha plot.

The procedure for registering ownership of a country house

Simplified privatization, that is, registration of a country house as a property, has been operating since 2006. If among the documents there is also an act of putting housing into operation, then this will be even easier. The first step will be to order a cadastral passport for the plot on which the house stands. This is a mandatory measure, which is considered to confirm that the house exists at all. Passports are drawn up at the BTI. The specialists of this service take measurements and draw up documents. But in order for them to begin their work, they must submit a package of the following documents:

1. Extract from the cadastral chamber. It must indicate that there are no buildings on the existing land.
2. House address. It can be obtained from the administration at the location of the building.

Employees will come to the site and inspect the house and take measurements. This type of service is paid and prices vary depending on the region of the country. If you have an old-style property passport on hand, then it is enough to register ownership of the house.

Reasons for refusal

In some cases, the authorities may refuse the applicant privatization. The reasons for this may be:

• errors or inaccuracies in the application;
• lack of documents;
• the applicant has already privatized another plot of land;
• The site has already been taken out of use.

In the first two cases, the applicant must submit all missing documents or correct the application and resubmit it. In the third case, the plot can only be obtained by purchasing it from the state. But if a plot is withdrawn from circulation, then it is impossible to privatize it.

From this article it becomes clear that privatization is a very important thing if a person wants to dispose of a summer cottage at his own discretion. Thanks to the information provided here, this procedure will be quite simple to do and carry out.

Registration of a dacha in a short time

Yes, the procedure for registering a dacha in 2020 has become significantly more complicated. And to understand what standards must be observed during construction, you need to sift through a mountain of regulations. Don't waste your time! Sofa experts from online forums can talk as much as they want, but we know the specifics of decorating houses in Moscow and the Moscow region from many years of experience. And we will tell you personally what you can expect in relation to your property.

We promptly:

• We will analyze the source data and obtain the necessary approvals;
• we will prepare a notice of the start and/or completion of construction of the dacha;
• we will prepare a technical plan;
• We will supervise the inspection of the country house;
• We will make sure that the registration of rights to the house is successful.

Call and sign up for a consultation!