Privatization of land in SNT using a membership book
Yes, you can. A plot in SNT is subject to privatization, like any other similar land. The procedure and the procedure itself may differ depending on whether the plot was received before 2001 (before the date of entry into force of the Land Code of the Russian Federation) or after that. The first option is simpler, the second is more difficult, but they are both free.
SNT is a gardening non-profit partnership, within which the main user (but not the owner) of the land is the partnership and at the meeting its members determine to whom and what land will be transferred for rent/free use. Such partnerships are created exclusively for running a personal household or building a private house. Farming for the purpose of selling grown products is not allowed. Similar partnerships appeared in 1998 and have existed successfully since then.
Each user of such land receives a membership book, which is one of the main documents confirming the right to use the site. Depending on exactly when the land was received, the procedure for its privatization differs.
Cost of privatization of a land plot in SNT in 2017-2018
Citizens who have plots in a horticultural non-profit partnership, if they want to register ownership of them, must protect themselves from unnecessary risks and delays. To do this, it would be useful for them to listen to the practical advice of some experts in the field of civil and land law.
In such a situation, a person wishing to privatize a plot will not need to seek permission to carry out this procedure from the management of the partnership or local authorities. Moreover, before the Federal Law of April 15, 1998 No. 66-FZ came into force, horticultural territories were provided to citizens as property without registration measures (they have now become mandatory).
Privatization of a plot in SNT: procedure
- Applicant's passport;
- Charter of SNT (a copy is suitable), as well as a copy of the minutes of the general meeting at which the citizen was given membership in the partnership;
- A garden book, a copy of which must be certified by the chairman with his signature. It will act as a document giving the right to use the plot;
- You will also need a SNT map, which displays all access roads, indicates the presence of reservoirs and shows the boundaries of the plots;
- If one of the spouses intends to privatize the land, the written, notarized consent of the other is required.
- Avoid eviction from the site if local authorities require this;
- Don’t have to worry about re-registering documents if the land lease expires;
- Maintain the boundaries of your land while your neighbors carry out land surveying work;
- Freely dispose of the territory and not be afraid to be left without a plot.
Privatization of a garden plot in 2019
In the first case, a simplified scheme by the law on the right of preferential privatization of 2001 will apply, according to which the permanent use of a separate plot, or the perpetual inheritance of the right to use, makes it possible to become the owner of a dacha plot only by re-registering the right of ownership.
It is important to understand the fact that it is quite easy to lose your garden plot if you do not take the issue of the legal organization of its status as responsibly as possible. Why is privatization of a garden plot necessary? Let's understand the concepts.
Privatization of a territory is the transfer of ownership of it from the state or municipality to the private ownership of the one who initiates the transition process and declares his claim.
Reasons
Privatization of a garden plot is an important step that allows you to change the status of the plot and make it personal property. Now the garden plot can be sold, exchanged, or left as an inheritance.
Land as your own property is always of great value, the value of which only increases every year. Citizens who are registered in the SNT according to their membership book have received new profitable opportunities for personal ownership of land.
ATTENTION! The abbreviation SNT stands for gardening non-profit partnership.
It is based on a voluntary basis and includes owners of land that was received back in Soviet times to organize a garden. Members of the gardening association are allowed to grow not only garden crops, but also vegetable crops.
Gardening is profitable; it allows gardeners to grow the required amount of vegetables, fruits, and berries for themselves and their families.
Having your own garden is a way out for many who feel the pressure of food prices in stores especially acutely.
For many, working on a personal plot or cultivating a vegetable garden is not only a practical and profitable activity, but also provides pleasure as a form of active recreation.
And therefore, it is not surprising that many are interested in privatizing the land on which they worked for a long time and looked after it. A garden house or outbuildings could be erected on the site, which also makes it more valuable for the owner.
It should be borne in mind that members of the SNT have their own responsibilities in relation to land plots on the territory of the garden village and comply with special rules of the gardening community . They are required to adhere to environmental standards in their activities. Now the land law has imposed another duty on them.
ATTENTION! According to the law, in order to continue to engage in vegetable gardening or gardening on the SNT site, it must be transferred to personal ownership, privatized.
The law on land plots in the horticultural community requires such a process and certain deadlines for its implementation. The most important offer from the state is free privatization.
Members of the SNT should only correctly prepare documents for the privatization of a gardening plot. If the procedure is not carried out on time, the plot, which has served for a long time as a source of fresh food and good rest, can be lost.
You can also privatize your space on the territory of SNT on a paid basis (if the privatization of some property has already been carried out). But in this case, the procedure will necessarily be paid.
How to find out the cost? It will depend on the price of the plot in the gardening partnership according to the cadastre. The amount of privatization costs should not exceed the cadastral price.
Is it necessary to privatize a country house on privatized land in SNT
According to the law, almost every second citizen can register the privatization of a dacha in SNT, however, the difficulty lies in the fact that not every object can have ownership rights established. To find out what pitfalls a citizen may encounter, one should study in detail the procedure for holding the event and answer the question - why privatize a dacha plot in SNT.
To find out whether it is necessary to privatize a country house on privatized land in SNT, it is worth understanding the intricacies of using such territories, as well as what rights are assigned to the owner of the country house and the house initially. Today there are several ways to become the owner of land or a summer house. On the one hand, these are standard legal schemes - purchase and sale, donation, inheritance, and on the other - the privatization of a summer cottage in SNT.
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It should immediately be noted that the procedure has an undoubted advantage: it is free of charge. This right is enshrined in Federal Law 93, which has been in force since 2006.
How to privatize a summer cottage, timing, reviews and where to start
In order to privatize a land plot, a citizen of the Russian Federation must fulfill a number of certain requirements that are prescribed in the current legislation. In accordance with Federal Law No. 93, under a simplified scheme, the owner has the right not to provide permission to build real estate on a land plot.
Hello! To privatize your dacha plot, you need a package of all the necessary documents (a diagram from a surveyor about the boundaries of the occupied area, property rights, a certificate from the local government, a certificate of registration of the plot). It is important that all papers are in perfect order, since if there are errors and inaccuracies, the procedure can be very lengthy.
- Conducting a general meeting of members of the partnership.
- Voting on the privatization of SNT land plots.
- Execution of a power of attorney in the name of the chairman of the gardening partnership or the selected representative.
- Preparation of applications and cadastral documents.
- Obtaining permission from the local government (if the land was received after 2001).
- Payment of state duty.
- Registration of property rights in Rosreestr.
- Loss of land - if you are using but not owning the land, you may be asked to vacate the land at any time. Moreover, you will not be able to challenge the decision of the administration, and in fact the owner of the site, even in court.
- The expiration of the land lease agreement threatens the impossibility of privatizing the land in the future. The agreement is the basis for the provision of land in the SNT to its participants. If the agreement has expired, then the land is returned to the municipality, and the member of the partnership loses all rights to the site.
- Changing (reducing) land allotment - land surveying by neighbors can easily affect nearby areas. To determine the exact boundaries of the land you need to have a cadastral passport and land surveying. If the plot is not privatized and there are no documents, there is a risk of parting with precious “inches of land.”
Refusal
There are situations when a citizen is denied privatization of a garden plot for some reason. The reasons for refusal may be different, they include:
- Not all documents have been collected.
- The site is located in a place where privatization of land is in principle impossible.
- The citizen's right to free privatization of the plot has already been used by him.
- This plot has already been privatized by another person.
The list of documents for privatization of an apartment is determined by current legislation. Are you interested in the new law on housing privatization? Information here.
What is land privatization? Details in this article.
Going to court
In this situation, a citizen applying for a plot of land has the right to challenge the administration’s decision in court.
To do this, you need to file a lawsuit in court, in which you need to set out the entire procedure and actions taken to obtain the land. The claim must also contain the plaintiff’s demands for the transfer of a specific plot into his private ownership.
How is land privatization taking place in 2020?
If free privatization is impossible for some reason (for example, if a citizen has already exercised the right to free privatization earlier), the land user has the right to buy the plot from the municipality. In this case, the cadastral value is taken into account, which is usually lower than the market value.
While documents for privatization of a land plot are being considered, it is advisable to carry out land surveying. If the boundaries of the plot are not defined, you need to call a cadastral engineer at your own expense who will carry out the procedure
. Next, you should contact Rosreestr with the results, which will register the plot of land for cadastral registration.
How to privatize a land plot in SNT 2020 step by step instructions
Thus, to carry out any actions, the execution of a document with a cadastral number is inevitable. The procedure for issuing a cadastral passport and necessary documents If the land plot has not been recorded in cadastral registration, current data about it must be entered into Rosreestr, and only in this way can you obtain an extract about the plot for further legal procedures. Changes in the actual information about a land plot are also a good reason for obtaining a new cadastral passport: by changing the owner’s surname, place of residence or address of the plot itself, the owner is obliged to record the updated data in the cadastral registration.
- By the end of February 2020, summer residents and gardeners will have the opportunity to privatize for free not only the land, but also the buildings erected on it. There is no need to obtain permits for construction and commissioning.
- By the end of 2020, citizens of the Russian Federation will have the opportunity to privatize land located in SNT, dacha cooperatives and other gardening partnerships.
Paid privatization of land plots According to the provisions of the Land Code of the Russian Federation, citizens can purchase land for private ownership from the state for a fee. That is, to formalize ownership of land through purchase and sale. The cost of a land plot is calculated by a certain government body to which this type of land ownership is assigned.
How to deprivatize a land plot
Advice from lawyers:
1. Is it possible to deprivatize a plot of land that is given to a large family?
1.1. Hello, Aigul! What do you mean by “deprivatize”? Privatized property is owned by the person who privatized it. And this person, according to Art. 209 of the Civil Code of the Russian Federation has the right to dispose of it at its own discretion.
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2. How to deprivatize a land plot, where to apply?
2.1. Hello, Lyudmila. To deprivatize land, you must contact the local municipality with a corresponding application.
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3. Is it necessary to deprivatize a land plot for sale?
3.1. For what? Reprivatization means returning the land to the administration, while in a sale the seller transfers his property to the buyer. Good luck.
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4. We bought a plot of land that had previously been privatized by the previous owners. And also the privatization of a nearby plot was also privatized by a neighbor. Privatization took place without measurements and our house ended up on a neighbor’s territory; the meters of actual land use were indicated incorrectly. The fences have been standing in the same place for 30 years, the difference in land is 2.5 acres. Is it possible to deprivatize a neighbor's plot through the court due to incorrect privatization? Or is this an impossible procedure?
4.1. You should not “de-privatize” the storage unit. It is necessary to carry out surveying with the establishment of clear boundaries. Important! So that all measurements coincide with all the data established earlier when allocating the site. Then, in accordance with the law on Real Estate Registration, it is necessary to provide the entire package of documents (with all plans and indicated boundaries) to Rosreestr for making corrections to the Unified State Register. In case of refusal, go to court through administrative proceedings.
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5. A plot of land in a gardening partnership was privatized in the 90s, inherited after the death of the parents. The site has not been used for several years and is not planned to be used in the future. It is not possible to sell the plot. Is it possible to deprivatize a plot? If so, which administrative authorities should I contact? Indicate the step-by-step actions of the owner during the procedure for deprivatization of a land plot.
5.1. Hello Deprivatization is impossible, because such a concept or a similar one simply does not exist in Russian legislation. You can waive your ownership rights under Art. 236 of the Civil Code of the Russian Federation, however, you will retain all the rights and obligations of the owner until the owner of the land plot changes. If no one wants to buy, try donating a plot of land. Good luck to you!
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6. My mother participated in the privatization of a land plot. And now we want to privatize the apartment that we received when our father (a military man) retired. 4 family members (me, mother, father and brother) are participating in the privatization. The owner (tenant) is the father. Please tell me whether the mother can now participate in the free privatization of housing or whether the plot is a hindrance to this. And in this case, is it possible to somehow “de-privatize” it? Thanks in advance for your answer!
6.1. Hello! Yes, he has the right to participate in the privatization of residential premises for free. The fact that the land plot was registered as ownership does not matter.
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6.2. If your mother has not previously participated in the privatization of residential premises, she can take part in the privatization of the apartment. No obstacles.
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7. I own a plot of land and a house. How can they be “given to the state” so to speak, i.e. deprivatize. I know that there seems to be such a law.
7.1. If you bought a house at your own expense from a private person or built it yourself, it does not need privatization and cannot be privatized, you can only donate it or sell it. And regarding the issue of land, contact the local administration with an application to terminate the purchase and sale agreement and conclude a lease agreement with you.
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8. Is it necessary to first deprivatize a land plot to exit the SNT? In the coming years, there will be no one to maintain the site.
8.1. No, not necessarily. You can simply leave SNT.
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9. 5 years ago I privatized a share of land in a garage cooperative. But now I am retired and paying taxes has become burdensome for me. Can I deprivatize my share? Thank you. Vyacheslav.
9.1. You can sell it or donate it, deprivatization is a troublesome task.
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10. I bought land in SNT in 2000. In 2005 I privatized the land plot for my daughter. Is it possible to deprivatize the plot and privatize it for yourself (my daughter wants to sell it without my participation, she is only a formal heir). And what documents are needed for deprivatization?
10.1. The land is owned by your daughter - you now have nothing to do with her...
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10.2. The daughter is the owner, and she can dispose of it at her own discretion; regarding deprivatization, you need to look at the documents that you have.
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11. Is it possible to deprivatize a plot of land in a village? Thank you.
11.1. Recently it has become possible to transfer it to municipal ownership. Why not sell it to anyone even for a penny?
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12. My sister privatized a house and a plot of land, I am registered there, she can’t, can I privatize this property and if so, how.
12.1. Hello! No, you can’t - you can only deprivatize an apartment.
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13. We privatized 1/2 of the house and the adjacent land plot in Lukhovitsy. After this, they contacted the administration with a request to supply gas to the now apartment. We were refused, citing the fact that we had to do it at our own expense. They also refused to receive technical information. conditions for gas. Can we deprivatize this apartment, leaving the plot of land in our ownership? And will the administration have a reason to refuse us in this case?
13.1. Hello! Refusal is illegal. Receive a written refusal and appeal it to the court under Article 254 of the Code of Civil Procedure of the Russian Federation.
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13.2. Hello. According to the Law, the administration is obliged to provide gas in cases provided for by law, but for this you need to write an application. Have you already contacted the administration in writing?
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14. We want to buy a second plot of land from our neighbor in the country. His land has been privatized and has not been cultivated for 10-15 years, I don’t remember exactly, and he has debts for 5 years. How can you deprivatize a land plot or transfer it to yourself after purchase.
14.1. Transfer can be carried out in the general manner by re-registration of ownership.
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14.2. Dear Maria, Shatura! Firstly, you can Buy and Sell a Land Plot under a Sale and Purchase Agreement from its Owner (Article 209 of the Civil Code of the Russian Federation), if: - the land plot has been assigned a cadastral number; - the land plot has a Cadastral passport - the property right is registered in the Russian Register or BTI of a constituent entity of the Russian Federation and this right is confirmed by an EXTRACT from the Register of Rights, and NOT just a Certificate of Ownership. Secondly, if this Land Plot is jointly acquired marital property, then a notarized CONSENT of the spouse to the SALE of the Land Plot will be required (Article 34 of the RF IC). Thirdly, all negotiations on the purchase and sale of this Land Plot must be conducted only with the OWNER of this Land Plot, or with his authorized Representative who has a notarized Power of Attorney for this (Article 185 of the Civil Code of the Russian Federation). Buy-Sell Land: - by general power of attorney - IMPOSSIBLE; - according to the gardening book - IMPOSSIBLE; — POSSIBLE only under a Sales and Purchase Agreement! (Article 160 of the Civil Code of the Russian Federation) I wish you good luck Vladimir Nikolaevich Ufa 04/14/2015
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15. How to deprivatize a land plot, how to get rid of it, so as not to pay taxes in vain, I don’t need it.
15.1. Hello. Contact that admin. Where is the site located and give it to the municipality? Better yet, sell it and at least get some money.
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15.2. Contact us and we will help you with this for free! Lawyer in Kursk Nikitin Oleg.
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16. Is it possible to deprivatize a dacha plot (land) in order to avoid paying land tax. And how to do it. Thank you.
16.1. Dear Olga! You will need to submit an application to the local government and by concluding a land transfer agreement with the latter, you will be relieved of the tax burden.
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17. How can a plot of land be deprivatized? Or give up ownership of the land.
17.1. ELENA YURIEVNA! You can sell a plot of land for a symbolic amount.
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18. My grandmother has two plots of land. One is in the Tver region, the other is in the Moscow region, namely in Volokolamsk. She privatized the land plot that is located in the Tver region (i.e., she took advantage of the right of free privatization). Please tell me if she can deprivatize this plot (located in the Tver region) and privatize the land plot that is located in the Moscow Region, namely in Volokolamsk (i.e., take advantage of the right of free privatization).
18.1. Good afternoon It is impossible to answer your question in detail, since there are many inaccuracies in the information provided. Substantive assistance can only be provided during a face-to-face consultation with a lawyer More >>> with a review of all available documents related to the named land plots, after which it will be possible to develop a strategy for further actions based on your wishes. Contact us, we will be happy to help you.
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19. I have not used a plot of land in a garden society for 13 years, SNT is demanding that I deprivatize the plot. Do they have the right to do this? I was issued a Certificate of Land Title in 1994. I live in the city of Sarov, and SNT is located in the Diveyevo district.
19.1. No. The SNT requirement is illegal.
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20. Neighbors privatized the land (we were talking about a plot of land for a vegetable garden). The trial took place in my absence, because I have no complaints. Then it turned out that the public land on which our drainage pit is located became their property. This land was surrounded by a fence and the hole was forced to be removed. What should I do? Is it possible to privatize this land, although this was in 2006?
20.1. Essentially, you need to remove a barrier to use. There is no dispute regarding privatization and a significant violation of your rights.
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Please tell me how it is possible to invalidate the privatization of a neighbor’s land plot, i.e.
Privatization of land in SNT in 2019
It is very easy to privatize a plot of land under the “dacha amnesty”. The applicant must provide a membership card, relevant documents, a completed application and passport data. This procedure is called an application procedure - you do not need to go to the administration to get permission. It is impossible to establish a single average cost for each plot, after which the plots are ordered and distributed among the parties involved. Establishing boundaries will be required when conflict situations arise regarding the established boundaries allocated to users.
If your question is lengthy and it is better to ask it in writing, then at the end of the article there is a special form where you can write it and we will forward your question to a lawyer specializing specifically in your problem. Write ! We will help solve your legal problem.
How to privatize a dacha in 2020: step-by-step instructions, documents and recommendations
A citizen who decides to privatize a dacha plot must submit to the local government body at the location of the land a standard application for free provision of it for use, filled out in his own hand or by a legal representative, and the following documents: After carrying out cadastral work to construct a plot diagram, to register the land on the cadastral register registration should be contacted by Rosreestr. It is important to keep in mind that when registering ownership of buildings built within the territory of a summer cottage, it will also be necessary to draw up a technical plan for each structure. After the municipality has provided an affirmative decision and paid the state fee, to privatize the land plot, you should contact Rosreestr or the multifunctional center (MFC). An application for state registration of rights, an identity document and a decision of the authority are attached. There are also disadvantages to delaying the privatization process; for example, a plot provided by the municipality for free use can, in certain cases, be taken away for the needs of the state.
In addition, the user cannot dispose of the dacha plot at his own discretion: sell, donate, divide into parts.
What is prohibited from privatization
You cannot obtain ownership rights to the following real estate objects:
- Buildings officially recognized as unsafe.
- Dorm rooms.
- Areas intended for service needs.
This list may be expanded by regional regulations. Before submitting an application, it is better to familiarize yourself with the local peculiarities of property registration.
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.
Privatization of Plot V SNT V 2019
In such a situation, a person wishing to privatize a plot will not need to seek permission to carry out this procedure from the management of the partnership or local authorities. Moreover, before the Federal Law of April 15, 1998 No. 66-FZ came into force, horticultural territories were provided to citizens as property without registration measures (they have now become mandatory). To find out whether it is necessary to privatize a country house on privatized land in SNT, it is worth understanding the intricacies of using such territories, as well as what rights are assigned to the owner of the country house and the house initially.
Today there are several ways to become the owner of land or a summer house. On the one hand, these are standard legal schemes - purchase and sale, donation, inheritance, and on the other - the privatization of a summer cottage in SNT. It should immediately be noted that the procedure has an undoubted advantage: it is free of charge. This right is enshrined in Federal Law 93, which has been in force since 2006. If free privatization is impossible for some reason (for example, if a citizen has already exercised the right to free privatization earlier), the land user has the right to buy the plot from the municipality.
In this case, the cadastral value is taken into account, which is usually lower than the market value. Yes, you can. A plot in SNT is subject to privatization, like any other similar land.
The procedure and the procedure itself may differ depending on whether the plot was received before 2001 (before the date of entry into force of the Land Code of the Russian Federation) or after that. The first option is simpler, the second is more difficult, but they are both free.
It may seem to many citizens that the question of when the privatization of land plots ends has lost its relevance. Because the government has once again extended the “dacha amnesty.” However, the reason for refusal to transfer land into private ownership may be not only the year until which this legal procedure has been extended, but also other factors. In particular, privatization of a land plot under a private house or dacha will be impossible in the following cases: In addition, an interested person can take a simpler route and privatize the plot according to a simplified scheme and free of charge as part of the “dacha amnesty”. However, there is a nuance that boils down to the fact that this land must be registered with the gardening partnership before the Land Code of the Russian Federation comes into force.
When submitting documents for registration of a dacha or garden plot, you must pay a state fee in the amount of 350 rubles . In addition, it will be necessary to pay for the services of a cadastral engineer to draw up a technical plan and cadastral passport. Land plots of the gardening partnership are used for non-commercial use.
The goal is not to make a profit or sell the products grown - this is land for growing fruits and vegetables for personal needs, as well as a plot under the house. The plot in SNT that has not been purchased or privatized belongs to the municipality. The user of the land, if it was acquired before 2001, i.e. before the Land Code came into force, can privatize the land in a simplified manner and completely free of charge.
Collective and individual privatization
There are two types of re-registration of land plots: collective and individual. The first case is a typical example of the participation of several members of the SNT in the procedure at once. Collective privatization involves holding a general meeting at which voting is held and, on its basis, a decision is made as to who will be able to transfer the plots in the SNT into their own ownership.
Main nuances:
- The nature of privatization does not matter: collective or individual, since the procedure has general conditions for a simplified scheme.
- To privatize a land plot in SNT, a membership book alone is not enough. If there are no documents for the land, you will have to order cadastral work, draw diagrams and make changes to Rosreestr.
- Collective privatization is the participation of ALL SNT members in the privatization of land plots.
- An extract from the SNT Charter, membership book, and a certificate from the chairman of the partnership can only be obtained from the SNT management bodies.
- All issues of collective privatization are dealt with by the chairman of the gardening partnership. SNT members are freed from legal hassles - however, upon completion of the procedure they will receive a title document (from 2020, this is an extract from the Unified State Register of Real Estate).
Please note that the chairman (representative) of the SNT acts strictly within the framework of the power of attorney to carry out the privatization of land. Individual re-registration is carried out by one person - a member of the SNT or another user of the land plot.
Collective
Provides for the participation of all, without exception, members of the SNT. The chairman of the partnership or another authorized person deals with privatization issues. The authorized person acts within the framework of the power of attorney. The remaining members of the community are exempt from legal hassles, but upon completion of the procedure, each of them receives a certificate of ownership of the plot.
Individual
Provides for the participation of one of the members of the SNT or any other user of the land plot through the application or permitting procedure. The application procedure for privatization is simple. The applicant is only required to:
- statement;
- membership book;
- title documents;
- and passport.
Attention! The permitting procedure is more complicated and longer. During individual privatization, you can entrust the necessary actions to a trusted person, or hire a lawyer.
Land privatization in 2020
- Territories where buildings and structures are located that were used by individuals before the adoption of the Land Code of the Russian Federation;
- Sites provided for use for an indefinite period of time;
- Land provided for construction or farming, which was also leased;
- Agricultural land;
- Territories that were given to gardeners or garage cooperatives for use.
In order not to become a victim of the arbitrariness of officials and local authorities, it is necessary to resolve the issue of privatization of the land plot. This process does not require serious financial costs and takes place according to certain rules that are prescribed in the laws of the Russian Federation . It is also important to know how to properly prepare documents. This is exactly what this article will discuss. Every person is thinking about how to privatize a plot of land in 2020.
After all, a document stating that a land plot has been transferred for use for an indefinite period can be canceled at any time. The authorities of the Russian Federation have the right to take away land to solve state or social problems in the shortest possible time. The most unreliable ownership of a land plot is its lease or indefinite use. The authorities of the Russian Federation can take away land from a person at any time.
To prevent this from happening, and to keep everything you acquired and honestly earned for you, it is necessary to register the plot as private property. How to Privatize a Land Plot in SNT 2019 Step-by-Step Instructions
Is it necessary to privatize the dacha?
This question usually arises among owners of buildings on a summer cottage, when the land has already been privatized and belongs to the owner according to official documents.
Experts argue that this needs to be done, especially since the dacha amnesty, valid until 03/01/18, allows this to be done quickly and without any problems. As for the situation when neither the plot nor the house on it is privatized, and citizens use the property, for example, under a social tenancy agreement, then after 5 years of no action by the owner, this property becomes the property of local municipal authorities, so they have every right ask to vacate the occupied territory.
Objects not subject to privatization
Before carrying out privatization, it is necessary to study the cases when the transfer of a land plot to private ownership is impossible:
- Sites for public development;
- Territories that are under special surveillance;
- Other areas not subject to privatization in accordance with the current legislation of the Russian Federation.
Clarification of information regarding the possibility of privatization is possible with the relevant local government bodies.
Advantages and disadvantages of privatization
Privatization of a dacha plot has distinct advantages in the form of obtaining the unconditional right to dispose of one’s plot and the possibility of building real estate on the specified territory.
Among the main disadvantages of the procedure, there is only the payment of land tax, which has an impressive amount. Moreover, in comparison with other advantages, this disadvantage is insignificant.
Is it necessary and mandatory to register privatization for a dacha?
Privatization is not a mandatory procedure, so no one can force it. Re-registering rights to real estate or refraining from doing so is the free choice of every person.
Another question is whether privatization is necessary for the dacha? Considering that the house is located on a plot of land, it is more rational to register ownership of the land. But if you want to manage your house, then privatization is vital.
Example:
Sazhin N.G. received a plot of land for summer cottage construction. At the time of privatization, 30 years had already passed, but the documents were lost. Sazhin turned to a lawyer. Having studied the circumstances of the case, the lawyer advised to confirm the right to use the plot in court - due to acquisitive prescription (Article 234 of the Civil Code of the Russian Federation). Together with a lawyer, Sazhin prepared the remaining documentation, requested archival information and obtained testimony from neighboring witnesses. The man’s relatives also confirmed that Sazhin had been using the site for over 30 years. The claim was considered in the district court - the final decision was in favor of Sazhin. The court found that the plaintiff actually used the site, complied with technical standards, and did not violate the rights of neighbors. Having received a copy of the court decision, Sazhin was able to complete the privatization of the dacha plot in the usual manner.
Why do this?
A country house, unlike a private house, is not a place of permanent registration. According to the law, dachas are intended only for temporary residence - for example, in the summer during sowing and harvesting. In winter, the buildings are not heated, therefore, they are unsuitable for year-round living. But nevertheless, privatization of a dacha is very beneficial from a legal point of view.
Advantages of privatization of a dacha (garden) building:
- Obtaining the right to dispose of real estate: sell, rent, exchange, include in inheritance or pledge, give as a gift;
- Joining a garden or vegetable cooperative.
- Receiving state compensation for seizure.
Based on this, the citizen becomes the full owner of the country house. At the same time, it is possible to privatize the land plot.