Privatization of a Dacha Plot According to the Garden Book in 2020

In August 2020, the State Duma adopted a law extending the so-called “Dacha amnesty.” It is now possible to register a land plot as personal property under the dacha amnesty until March 1, 2022.

The dacha amnesty is a law on a simplified form of privatization of garden plots and buildings on them. That is, the transfer of land from municipal (rural, urban) property to private property, as well as a simplified procedure for registering buildings. The need for privatization is explained by the fact that until 2000, plots were allocated to summer residents without paperwork - the owner simply received a garden book.

At the same time, he had the right of use or lifelong ownership. The owner of the dacha could not dispose of this land in any way (sell, donate, etc.). Since 2006, thanks to the dacha amnesty, it has become possible to register ownership of a dacha plot and house free of charge and using a simplified procedure.

What areas can be privatized

Let us immediately note that privatization of a dacha is impossible if the plot is located :

• in reserve for any state or municipal needs;
• on lands to support airport operations;
• in the infection zone;
• in public areas (in a park, on a residential street, etc.);
• on the territory of a forest fund or water fund.

There are few such plots, since mostly garden plots are allocated as part of agricultural land or within the boundaries of a populated area.

The rules for the privatization of dacha plots are such that the following land plots can be transferred into ownership:

• for gardening and horticulture;
• other lands that are in unregistered (that is, according to old, outdated documents) possession before October 30, 2001.

The essence of the updated amnesty is that now you can register ownership of plots in gardening partnerships received at any time for free. But it is important that this dacha and gardening partnership be registered before 01/01/2019. Let’s say that if SNT was newly created on February 10, 2019, then plots on its territory cannot be privatized for free.

Privatization for private individuals is conditionally free, since you still have to pay a state fee.

At the previous stages of the amnesty, it was possible to register the lands of individual housing construction and private household plots. Now only garden plots and lands of long-term use (including those inherited from long-time users). By the way, the concept of “dacha” was excluded from the legislation, but some partnerships were not renamed, so privatization of garden, dacha, and vegetable plots is allowed.

Registration of ownership of a country plot using a garden book

Only a person who has the right to dispose of real estate and can document this fact can register ownership of a plot of land.

Privatization using a garden book is free.

You only need to submit an application for registration of suburban real estate as a property or make a request to the gardening partnership (for exclusion from its membership); in this case, the management does not have the right to refuse you.

Step-by-step instruction

We contact the authorized bodies to submit an application for privatization of the site.

We collect the necessary package of documents:

• copy of ID;
• SNT constituent papers, notarized;
• agreement for the right to use the property;
• cadastral plan;
• characteristics of the allotment: boundaries and divisions;
• decision to withdraw from the gardening partnership.

Next, the issue of assigning ownership of the property to the applicant is considered. In case of a positive decision, ownership is formalized and the applicant receives a certificate.

Registration of redevelopment is mandatory, as it affects the condition of the property. You will learn more about the registration procedure and the required documents from this publication.

Stages of registration of privatization of a summer cottage

Privatization of dacha land plots is carried out in one to three stages. The number of stages depends on what documents you have for your dacha.

Obtaining documents from the horticulture board

The first necessary documents are a membership card and a statement certified by the chairman that you own the site. The conclusion indicates the location, as well as the area of ​​the site.

Alienation of a site from municipal property

With documents from gardening, you should go to the local administration, or rather, to the committee (management) of land resources and property. It is necessary to write an application to the committee for the allocation of land as property. Copies of the passport, membership book and conclusion of the board of the dacha partnership are attached to the application. If there are no obstacles to privatization, the administration prepares a document (act, order) on transferring this site into ownership.

Registration of ownership

All collected documents (and there can be quite a lot of them, especially if all the buildings on the site are registered) are attached to the application for registration of ownership of the dacha. The application is submitted to Rosreestr, or you can submit it through the MFC. Rosreestr reviews the application within 14 days, after which it issues a certificate confirming ownership.

How to register ownership of a land plot using a gardener’s membership book

It is clear that the court may rule not in favor of the applicants. For example, a member of SNT "Daria" filed a claim for recognition of ownership. Attached to the claim was a plan of the territory of SNT, which I received from the chairman. The defendant is the local municipality. The judge or defendant named SNT found several similar cases in which the provided site plans differed from each other. Due to differences in site plans, the judge may reject the claim.

Information for those who “bought” a plot using a garden book

Members of any partnership use their land plots on the right of perpetual use or lifelong inheritable ownership. Such plots can be registered as property free of charge (without purchase from the administration) and without establishing the exact coordinates of the boundaries - clauses 2.7 and 9.1 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ and Art. 22 of the Federal Law of July 29, 2020 N 217-FZ. But you will still need to contact the administration with a request to provide ownership of the plot - clause 2.9 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ.

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From a legal point of view, country houses began to be called “individual housing buildings” and there are a lot of people who want to privatize them. Private ownership of a dacha building can be registered only after the rights to it have been completely transferred to the citizen during the privatization process. It must be said right away that this cannot be done when the site has an agricultural purpose.

It is possible to obtain ownership of municipal lands in order to be able to subsequently sell and lease them out only through privatization. There is no point in delaying the re-registration, since according to the legislation “on dacha amnesty”, this opportunity exists free of charge for citizens of the Russian Federation until March 1, 2020. Subsequently, if the Government of the Russian Federation does not once again extend the deadline, privatization can only be carried out for a fee.

What changes occurred with privatization on March 1, 2020?

Step 1. Determine the status of the land. Check whether the plot was previously withdrawn from circulation, what purpose is indicated in the extracts from the Unified State Register (from 2020, this document began to be issued instead of a cadastral passport).

1. A copy of the gardener's membership card.
2. Identification document of the applicant.
3. Description of the site in the form of a declaration.
4. Conclusion of the SNT management.
5. A certified copy of the document confirming the rights to the land plot.
6. Constituent documents of the partnership.
7. An extract from the Unified State Register of Legal Entities, which confirms that SNT is a non-profit association.

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

Under the simplified privatization procedure, the owner will be required to fill out a declaration in Rosreestr, having previously presented a document issued by local authorities or state registration. The declaration must indicate the following information:

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.

Currently, Russia has a simplified scheme for registering land plots and country and auxiliary buildings as private property. It was called the “dacha amnesty.” For houses built on the lands of garden partnerships, the amnesty will be valid until March 2020.

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Privatization of a gardening plot using a membership book

• development organization project and scheme of the exploited site or general plan of the SNT territory;
• an extract from the minutes of the meeting on the admission of a person to SNT members (or a certified list of SNT members) and on the provision of a plot of land for his use with the signature of the chairman and the seal of gardening;
• a copy of the SNT charter;
• a copy of the resolution/act on the allocation of the SNT site;
• certificate of absence of debt on SNT membership fees.

• Federal Law No. 178 of December 21, 2001 directly regulates the rules and the registration process for real estate transactions, while simultaneously highlighting the nuances of privatization.
• Decree of the President of the Russian Federation No. 2284 of December 24, 1993 enacts and lists a number of programs aimed at modernization in the field of the privatization process.
• Decree of the Government of the Russian Federation No. 585 of August 12, 2002 supplements existing documents with clauses on the possibility of making commercial transactions with real estate and further actions for their registration.

• buildings and structures in disrepair;
• buildings and areas of dormitories;
• residential premises issued for the period of employment (official);
• other types of property included in the current local legislation.

The difference between garden and country houses

1. First of all, it is necessary to resolve the problem with the land on which the building is located. When purchasing land, the owner registers it in his name and then takes possession of the site. He automatically becomes a member of the dacha cooperative, which gives him the opportunity to privatize the dacha for free. Membership in the cooperative is confirmed by a book, which is issued to the owner of the land by the management of the cooperative.

• You can purchase a plot several times cheaper than the market average, and then apply for land privatization.
• It is not necessary to draw up an agreement when transferring the right to membership in a partnership. In this case, no documentary evidence is required, and the participation of a notary is not required. Although it is better to formalize the agreement so that problems do not arise in the future.
• The transaction takes place in the shortest possible time, which is impossible with a standard purchase and sale.

Documents for privatization

In order to register the land as your property according to all the rules, you will need certain documents for the privatization of a summer cottage.

Plots for gardening and horticulture

• passport (copy);
• any document on the rights to the garden plot, if available (act, order, certificate, extract from the household register, etc.) and an extract from the Unified State Register on the rights to it;
• if there are buildings on the site - an extract from the Unified State Register of Rights to them (if information about these buildings is included in the Unified State Register);
• if the plot has already been registered in the cadastral register - a cadastral passport for it;
• if buildings on the site are registered in the cadastral register, then their cadastral and technical passports are also provided. But this is voluntary;
• receipt of payment of state duty in the amount of 350 rubles.

Providing these documents is not mandatory, since Rosreestr has this information, but to speed up the privatization procedure it is better to provide them. All these documents are attached to the application submitted to the MFC. The application shall indicate the following information:

• plot size;
• site landmarks that allow you to initialize it;
• category of land plot;
• if there are encumbrances - information about them;
• information about existing buildings on the site;
• grounds for transfer of property from municipal to private;
• document of the local administration on the basis of which the land plot was alienated from municipal property.

In what cases can registration be refused?

Among the main reasons for refusal to register legal rights to home ownership are:

• Discrepancy between the size of the land and the data contained in the Cadastral Chamber.
• Inconsistency between the boundaries of the plot in the certificate of ownership of the property.

Privatization of a country plot under the dacha amnesty: sample of filling out a declaration

Declaration is a legal document confirming the fact of construction of an object on the territory of a land plot.

This document is the basis for carrying out registration actions in relation to certain real estate specified in it.

It is filled out personally by the owner of the property and signed.

A sample declaration can be downloaded here.

The declaration is submitted to the authorized body in several copies , each of which contains the necessary information about the property:

• address of the building;
• name of the structure;
• type of property;
• the total number of floors, both underground and above ground;
• year of this construction;
• total area of ​​the facility;
• materials from which the structure was constructed;
• availability of connection to the central communications system;
• number in the cadastral register of the plot on which the object is built;
• information about the copyright holder.

Sample declaration.

The cost of registering a dacha through an intermediary

This question probably worries many. The approximate amount in 2020 will be:

• power of attorney – 800 rubles;
• passport for an object with BTI – 10,000 – 40,000 rubles;
• registration with the Cadastral Chamber – 10,000 rubles.
• lawyer services – 50,000 rubles.
• state duty for citizens – 2,000.

How is rental tax calculated and paid? The answer to this question is in this article.

If you carry out the registration of the dacha on your own, the prices will drop several times.

For instructions on how to register a dacha as your property, watch this video:

Sale of land in SNT

By selling a plot in SNT and losing ownership of it, the seller leaves the SNT members, but the buyer can decide for himself whether he will join SNT or garden individually. If the buyer of the plot does not want to become a member of SNT, he will probably be offered to enter into an agreement for the use of SNT infrastructure - power lines, transformers, public roads, automatic gates, watchman services, garbage removal, winter road clearing, etc.

The general regulation of the purchase and sale of land plots is carried out by § 7 of Chapter 30 of Part 2 of the Civil Code, the specifics of the purchase and sale are Art. 37 of the Land Code, and the smallest nuances can be seen in Federal Law 66-FZ of 1998 “On gardening, gardening, country houses and other non-profit associations of citizens.”

Should the dacha be privatized?

Is privatization really necessary, is it necessary to register ownership of a dacha in 2020? Considering the timing of possible simplified privatization, this issue could not be more relevant.

It may happen that from a certain time the registration of “ownerless” plots will be prohibited.

What does the lack of property rights threaten to the owner of a dacha? You need to understand what a registered property right gives a citizen.

Is it possible to sell a share in an apartment without the consent of the second owner, see the article: how to sell a share in an apartment without the consent of other owners. Read about title documents for a land plot here.

The legal owner has the right to dispose of his property as he pleases. You can sell, donate, give away or leave the plot as an inheritance.

And recently, registration at a dacha has become possible. Without being the legal owner, the summer resident can continue to use “his” allotment as before.

But if the municipality suddenly needs this land, it can be confiscated at any time without explanation or compensation.

What documents are needed

To confirm the fact that the land and buildings located on it belong by right of ownership, Rosreestr will need to provide:

• statements outlining the essence of the appeal;
• receipt of payment of state duty;
• a document describing the boundaries of the land plot;
• applicant's passport;
• cadastral documents for land and buildings;
• title document.

If ownership of a country house or garden house is registered, for which a building permit is not required, then a declaration and a document certifying one of the following points will be required:

• the land is owned;
• the plot is provided for indefinite use;
• the allotment was transferred into lifetime possession.

Where to contact

The registration of ownership of any real estate is carried out by Rosreestr. The collected package of documents is transferred directly to the Rosreestr branch or to the MFC.

In this case, you can submit documents in person or through a representative, subject to a power of attorney.

It is possible to send documents by mail, but then all documentation must be notarized.

When there are no title documents for land, you will need to contact local authorities.

Here an application is submitted with a request to provide ownership of a specific plot of land. The appeal will be considered within fourteen days.

If the decision is positive, the applicant will be issued a certificate of provision of the site for unlimited use.

Based on this document, registration of ownership will be issued. But when contacting the local administration, you should indicate exactly which site is being requested.

Video: how to privatize a dacha

Therefore, a summer resident who does not have any title documents needs to contact the chairman of the association where the summer cottage is located to obtain an opinion.

This indicates that such and such a plot is assigned to a citizen and specifies the location of the plot.

By contacting the board of the company, you can register a dacha purchased using a garden book.

The chairman will issue a document that a particular citizen is indeed a member of a dacha society and uses the site.

Step-by-step instruction

The dacha privatization process in 2020 includes several successive stages:

Do I have to pay fees?

Membership in a garden society often raises questions among members regarding payment of dues.

Often, in the absence of due payments, the board of the association refuses to issue the required certificate. Should a summer resident joining a garden society pay an entrance fee?

Article 20, Article 21 of Federal Law No. 66 dated April 15, 1998 states that dacha, horticultural and vegetable gardening associations are governed by a general meeting of members, a board and a chairman.

The decision to admit a new member is made by the general meeting. As for contributions, the procedure for their payment and amount are approved in the Charter of the company.

Is it legal to collect contributions towards the debt of the previous owner of a summer cottage? No, you must pay contributions from the moment you join the society.

The debts of the previous owner do not in any way relate to the new participant. Should fees be paid if the dacha is not used?

Aspects such as owning a summer house and membership in a garden society are important here.

The owner of the dacha does not have to pay membership fees; he only pays for certain services (electricity, water supply, etc.) according to separate agreements.

A member of the society is obliged to pay contributions, even if the dacha is not used for its intended purpose.

How to register the purchase of a dacha plot in St.

In accordance with Article 262 of the Civil Code of the Russian Federation , upon leaving the company, any member of the partnership may demand to register the land as their own. At the same time, they take into account what rights the SNT member had. If a legal entity is against this, then it will reimburse the cost of the plot to the citizen. There can be many reasons for refusal. The most common is causing losses to other members of the company.

Whether or not to purchase a plot of land using a garden book is up to you. If you can then privatize it and sell it at a high price, then this purchase will be profitable. If you do not have such an opportunity, then you buy “air”. You will be able to use the land, but you may be revoked from the partnership at any time. In this case, all buildings that were erected will be considered the property of a legal entity (SNT).