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Published: 06/30/2017
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The so-called “dacha amnesty,” which allows for the privatization of a dacha plot in a simplified form, gives the owner of the land the right to fully dispose of his property - sell, donate, mortgage, and carry out any operations.
Knowing the procedure and deadlines for their implementation, you can easily arrange the privatization of the site yourself.
- Required documents and deadlines
- Registration cost
- The legislative framework
When did it start in Russia?
In October 2001, the updated Land Code of the Russian Federation, which regulates all kinds of land legal relations, was put into effect. It is in it that it is stated (Federal Law No. 137 of October 25, 2001 and Federal Law No. 171 of June 23, 2015) that you can take possession of a land plot in two ways:
- by purchasing it;
- through the privatization of land plots on the balance sheet of the state or municipality.
It should be noted that it is possible to privatize plots that have been received for indefinite use or are in lifelong inheritance, as well as those that are gardens or country houses (the procedure for privatizing land in a garden partnership is written here). Their main difference is that in a house built on a dacha plot, a citizen has the right to register his residence.
The law prohibits registering ownership of:
- plots located in specially protected natural areas (reserves, national parks);
- lands with public facilities (parks, beach areas, etc.);
- memory books withdrawn from circulation;
- parts of the water or forest fund.
Carrying out the privatization procedure is a voluntary decision of the citizen. Thus, everyone decides for themselves - either pay rent for using the land plot, or privatize the land, pay taxes and manage the land as the rightful owner - sell, donate, transfer to the bank as collateral or leave as an inheritance.
How is the process performed?
According to the law, every person who is a citizen of the Russian Federation can use dacha plots and all facilities built on this territory. If necessary, the property owner can carry out privatization.
There are no restrictions on privatization, but various situations may arise in which the applicant is refused registration of an object. Usually it is caused by disputes with neighbors, lack of necessary documents for the land or object, as well as other significant reasons. If you cannot resolve the problems yourself, then privatization is possible through the courts.
For what purpose did they begin to transfer land into the ownership of citizens?
Before the land reform was carried out in 1990 (Law “On Land Reform” dated November 23, 1990 No. 374-1), all the lands of the country belonged to the state . At the same time, citizens paid a tax, could build houses and other buildings and register ownership of them. However, this was where their capabilities were limited.
The land reform, which began in 1989, was aimed mainly at achieving the most efficient use of land, and its goal was to increase the production and social potential of our country's land plots.
Our lawyer can use this form:
For the first time in the history of Russia, land became an object of civil legal relations and an object of real estate with the issuance of the Presidential Decree “On the regulation of land relations and the development of agrarian reform in Russia” in 1993. The Land Code adopted in 2001 became the final stage of the Land Reform, making land privatization accessible to every citizen.
From the moment the reform began, and by 2002 in Russia, a total of 8.5 million hectares of land were transferred to the ownership of individuals, and 45 million people became owners of land plots.
Deadlines
The timing of privatization depends on what documents the owner of the dacha plot has at the time of registration.
The legislation specifies only the maximum possible period for carrying out various operations by authorized government services, which is within the following limits:
- the local administration must decide on the possibility of transferring the site to private ownership within 14 days after receiving the required package of documents;
- the cadastral chamber must issue the appropriate passport within 30 days from the moment a specialist was called to the site;
- the applicant must receive a certificate of ownership within 10 days after he has provided authorized persons with an application supported by a full package of necessary documentation.
Until what year has the free procedure been extended?
An individual, subject to certain conditions, has the right to privatize a land plot for free - but only once in his life. This opportunity exists thanks to the “Dacha Amnesty” (not an official term; it means a simplified procedure for registering plots of property) and the Federal Law on Real Estate Registration adopted in 2015.
Privatization can be carried out free of charge by:
- citizens who have signed an agreement on free use of land for a period of at least 6 years (after 5 years, privatization is possible);
- large families, disabled people of groups I and II, military personnel, Heroes of the Soviet Union and the Russian Federation, combat veterans and other categories of citizens who fall under certain social guarantees;
- owners of land plots, as well as a garage in a garage cooperative, who received their ownership before October 25, 2001 (how to privatize the land under a garage?);
- persons renting this land plot in accordance with an agreement drawn up before October 25, 2001 (how to privatize leased land?);
- persons who have received land for indefinite use and own buildings on land plots.
A newly allocated plot of land to which the interested person previously had no connection (did not rent, did not cultivate, did not erect any buildings) is not subject to free privatization!
Let’s figure out until what year land can be privatized for free, on the basis of what document this period was extended and when it ends.
In accordance with the Federal Law “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” No. 93-FZ dated June 30, 2006, the deadline until which in Russia individuals have the right to register land ownership free of charge and according to a simplified scheme with minimum required documents, extended until the end of December 2020 (what documents are needed for privatization of land plots?). This applies to lands intended for agriculture, vegetable gardening and horticulture (read about the privatization of agricultural land here).
Dacha amnesty after March 1, 2020
For almost 5 months, starting from March 1, 2020 until the adoption of the new law 267-FZ of 08/02/2019, the dacha amnesty temporarily ceased to exist and an unknown and new notification procedure for registering real estate appeared for everyone. Everyone who applied for a technical plan during this period of time to cadastral companies was faced with the fact that registration of a constructed house is now possible only if there are notifications about the start and completion of construction. These notifications had to be received from the local administration. Rumors about the extension of the dacha amnesty until 2022 (this period was originally set by the State Duma in the first reading) forced people to “slow down” a little with the registration, so as not to receive unnecessary documents, but to wait for a simplified procedure. According to statistics, about 13 million real estate properties were registered under the simplified procedure before March 1, 2020, but another 5 million remain unregistered. Now that the president has signed the law on dacha amnesty in 2020, these 5 million have a new chance to get their documents in order . However, we must have time to use it before 2021.
What happens after this period ends?
When the right to free privatization of land expires, it can only be carried out on a paid basis (how much does it cost to privatize a land plot?). Costs will be determined by several parameters:
- cadastral value of the site;
- market value of similar storage units;
- location of the site and other factors.
Responsibilities for calculating the cost of land plots will be assigned to cadastral engineers.
To summarize, we note that the state, interested in the efficient use of land, meets its citizens halfway by providing (albeit temporary) the opportunity to register land plots free of charge through the privatization procedure.
However, this procedure is not mandatory, therefore each citizen has the right to independently assess all his opportunities, advantages and risks - and make a choice whether to resort to privatization of his plot or not. The main thing is to have time to do this on the most favorable terms for yourself - before the end of December 2020.
Registration cost
The legislation guarantees the free transfer of a summer cottage plot to its owner . But when collecting documents you will need to pay the following fees and charges:
- drawing up a plan for the location of the site indicating its boundaries - depending on the prices of geodetic companies;
- obtaining an extract from the Unified State Register of Real Estate about a summer cottage - 300 rubles in electronic form, 750 rubles in paper form;
- The fee for entering information into the Unified State Register is 350 rubles.
Thus, thanks to amendments to the legislation, the procedure for privatization of dacha lands has been simplified as much as possible, allowing you to spend a minimum of money and time on it.
The delimitation of state ownership of land occurs free of charge. How to properly privatize a land plot that is leased? You will find useful information on this issue in our article. Almost all citizens must pay land tax. You can find out who is exempt from paying it here.
Procedure
The first step should be to contact the municipal department dealing with land issues.
The following documents must be submitted:
- a petition requesting the transfer of a plot of land into ownership of the applicant;
- a diagram of the location of the site on the plan of the dacha cooperative, certified by the chairman;
- a document that confirms the right to use land.
Within two weeks, the authenticity of the documents is checked, then the municipality issues a decision on the possibility of providing the applicant with a plot of land.
At the second stage, a cadastral passport is prepared based on documents from the applicant for privatization and the decision of the municipality.
The third step is registration of property rights in Rosreestr, for this you need to submit:
- a completed cadastral passport;
- municipal decision on privatization of the site;
- receipt for payment of state duty.
Ten days after visiting Rosreestr, the applicant will receive a certificate of ownership.
Where to start privatization in 1917
Most members of dacha partnerships who have not yet received land ownership rights are concerned with the question of how the privatization of a dacha plot is happening in 2020 and where to start the procedure.
First of all, you need to decide whether a citizen has the right to receive his own plot of land in principle.
Today, these are mainly people who have been members of a gardening or dacha community for a long time, but who have not yet been able to formalize their ownership rights.
At the request of citizens, they can privatize not the entire plot, but only part of it.
What documents are needed
To register ownership of land, it is enough to provide three documents to the municipality:
- statement;
- confirmation of the fact of transfer of the plot to the citizen;
- if land surveying has not been carried out, a diagram of the plot's location.
After consideration, the local government authority issues the person who submitted the application a permit or refusal to privatize the land, always in writing.
And in case of refusal - with motivation based on the law.
If you receive permission from the municipality, you will need a cadastral passport, which, together with permission to register the land, is transferred to Rosreestr for registration of ownership.
In addition to these two documents, you will need to submit:
- statement;
- receipt for payment of state duty.
The procedure for transferring ownership is extremely simplified; there is no need to go to different authorities and collect a bunch of different papers.
But it will not hurt to know that this procedure will only be in effect until 2020.
Cadastral registration
In order to register a privatized plot of land, you will have to apply for a service to the cadastral center with a request to remove all dimensions of the plot. In this case, all costs for measuring the territory are borne by the land owner.
Disadvantages of privatizing a country house on privatized land
The main negative consequences of this process include:
- the simplified registration method is provided only until 2020, so after this year you will have to use the standard privatization method;
- there is no information on what conditions the privatization process will be carried out after 2020;
- After registering the dacha, the owner will have to annually pay property tax for this object, the amount of which depends on the cadastral value of the property.
Since the procedure does have some disadvantages, it is advisable to evaluate the feasibility of registering a dacha before starting registration.
