Stages of registration of a house under the dacha amnesty for ownership
Content
- 1 What objects fall under the “dacha amnesty” law?
- 2 What the law says
- 3 Stages of registration of a house under amnesty
- 4 Participants in the “dacha amnesty” program
- 5 Required package of documents
- 6 Declaration for the construction site
- 7 Declaration, sample filling
- 8 Address assignment
- 9 Difficulties in registration
- 10 Refusal to register a country house under the “dacha amnesty”
- → Ask a question to a lawyer → free consultation ↓
To register a house under the dacha amnesty in 2017, you need to take into account the nuances and features of not only Federal Law No. 93-FZ. Since January of this year, Federal Law No. 218-FZ came into force, which significantly changed the procedure for registering a residential or non-residential building on SNT lands.
What objects fall under the “dacha amnesty” law?
With the adoption of Federal Law No. 93-FZ in 2006, you can use a simplified procedure for registering land and houses located on the lands of gardening or dacha associations of citizens.
Legalization of rights to real estate under the dacha amnesty applies to the following types of objects:
- land plots allocated to citizens for personal farming, gardening, private construction of houses, garages, etc.;
- buildings located on the specified lands - private houses, outbuildings, garages, etc.
The most common case of application under this program is the registration of rights to land in a gardening partnership, as well as a building in SNT.
What the law says
Federal Law No. 93-FZ made it possible to register a plot under a house for free, as well as various buildings on the land. The dacha amnesty for a land plot or building was carried out by submitting a declaration for an object located on a land plot.
This procedure did not cause any significant difficulties for citizens, but it did generate numerous errors in the real estate registry information.
Since filling out a declaration or diagram was the responsibility of the citizens themselves, they often intentionally or accidentally provided false data on their facilities.
First of all, this concerned underestimating the area of a building or plot, since the amount of property tax depends on this parameter.
The dacha amnesty in 2017 was extended until March 2018 (see video below), however, the legislator significantly changed the rules for accounting and registration of rights to these objects.
The new law on registration of rights to real estate (Federal Law No. 218-FZ) came into force on January 1, 2017 and provides for the following innovations:
- documents for registration under the dacha amnesty now include not a declaration, but a technical plan;
- Independent completion of technical or boundary plans by citizens is not allowed; these functions are assigned to cadastral engineers;
- Participants in the dacha amnesty must register the property with the cadastral authorities (currently this procedure is combined with registration actions).
Since the declaration of real estate has lost its legal significance, information on real estate submitted to Rosreestr will be reliable and objective.
Stages of registration of a house under amnesty
How is the registration of rights to objects covered by the dacha amnesty program carried out?
If citizens have chosen a dacha amnesty to confirm their rights to real estate, the following algorithm of actions will help to register a house on the site:
- obtaining any document confirming the legality of the allocation of land (for example, a resolution of the local administration);
- registration of a scheme for the location of a land plot on the territory of SNT;
- requesting the preparation of a technical plan for a building;
- an application for registration of property rights is submitted to the Rosreestr institution, and the transfer of ownership free of charge occurs simultaneously with registration in the Unified State Register of Real Estate;
- Based on the results of these procedures, copyright holders receive an extract from the USRN register.
Thus, the list of necessary documents for registering rights under the dacha amnesty will differ when registering ownership of buildings or land plots.
Participants in the “dacha amnesty” program
Subjects entitled to the dacha amnesty are listed in Federal Law No. 93-FZ. They include citizens who have received land plots for gardening, vegetable gardening, subsidiary farming or private construction.
The grounds for the provision of land do not matter, since the law allows for the registration of rights to plots allocated on the basis of the right of perpetual use or other similar circumstances.
It must be taken into account that the dacha amnesty of a plot or house in SNT not only requires the provision of a various package of documents, but is also directly related to the date of land allocation or construction of the facility.
For example, registration of rights to a plot is allowed only if it was allocated before October 30, 2001. In relation to buildings, such a restriction is not established by law.
Participation in the dacha amnesty program is provided only for citizens of the Russian Federation; legal entities cannot use this simplified form of registration of rights.
Moreover, further SNT or other similar non-profit associations, if necessary, will register real estate on a general basis.
Required package of documents
The procedure for registration and execution of all documents must comply with Federal Law No. 218-FZ; this document establishes a clear set of grounds for applying for the registration procedure.
House on a plot allocated for construction
Since the declaration for registration of buildings is currently not the basis for contacting the Rosreestr service, citizens must provide a technical passport form.
A complete list of documentation that will allow you to properly secure the rights to the constructed house will include:
- any administrative document on the allocation of land, which will indicate the intended purpose of the site - the construction of a private house (such documents may be resolutions or orders of local authorities, or various government agencies);
- technical plan for the building prepared by a cadastral engineer;
- act of approval of the location of communications (this document does not need to be submitted to the Rosreestr institution, however, it will be required for drawing up a technical plan);
- application for registering an object with the cadastral authorities and carrying out registration actions;
- payment document confirming payment of the state duty.
These documents are sufficient to register rights in a simplified form under the dacha amnesty program.
House on a plot located on the territory of a gardening partnership
The list of documents when registering rights to lands and buildings located on the territory of SNT will differ slightly.
In this case, the construction will also require the preparation of a technical plan, and the basis for registering the land plot will be an administrative document issued by the authorities.
In order to fix the boundaries of the allotment under the house, a diagram of the location of the plot on the lands of the horticultural cooperative is drawn up.
Although this document is filled out independently by the applicant, its execution will require obtaining a certificate from the SNT board. This certificate will indicate which part of the general territory of the cooperative belongs to a specific citizen.
After receiving the specified documents, you can apply for registration of rights in the Rosreestr service. An extract from the USRN register will be issued to confirm the fact that rights have arisen.
Declaration for the construction site
The reasons for canceling such a document as a declaration for a construction project were indicated above. In the list of grounds for cadastral registration and registration actions, which are specified in Art. 14 of Law No. 218-FZ, the declaration is not included; instead, a technical plan is drawn up.
Previously executed declarations, on the basis of which rights to buildings were registered, are not subject to further application (previously, the use of original declarations to make changes to information on a structure was allowed).
Declaration, sample filling
If you pay attention to the previously existing procedure for filling out declarations for an object, it is worth noting that this document was not actually subject to verification during the cadastral registration process.
Rosreestr officials were required to transfer the declaration information to the Unified State Register of Real Estate, after which technical and registry errors could be identified.
A sample of filling out the declaration and technical plan can be found on our website. Their content differs radically, since the preparation of the technical plan will be carried out by a professional specialist - a cadastral engineer.
Address assignment
When drawing up a technical plan for a building and preparing for the registration procedure, it is necessary to contact local authorities to approve the postal address of the object. This is due to the requirement on the composition of the USRN information, which includes the address of the registered object.
Assigning an address is the responsibility of local authorities, and information about the address of the house or plot will be included in the technical plan and indicated in the application for registration.
Difficulties in registration
The cost of services and terms for registering property rights are determined by Federal Law No. 218-FZ and the Tax Code of the Russian Federation. The registration period will take up to 7 working days if documents are submitted to the Rosreestr service, and 9 days when applying to the MFC.
First of all, it should be noted that when registering a dacha, garden, or country house under the dacha amnesty, a state fee must be paid. Its size currently amounts to 2 thousand rubles, the payment document is submitted to the Rosreestr institution or the MFC in the form of an original.
If citizens do not have at least one administrative document from the authorities, problems may arise during registration. In this case, it may be necessary to go to court to confirm the legal ownership of the building or site.
The dacha amnesty allows for registration of property rights if the increase in the area of the land plot does not exceed 5%.
This fact will be confirmed by an act of coordination of boundaries with the owners of adjacent land plots, and if an excess is detected, the registration error will need to be corrected.
Refusal to register a country house under the “dacha amnesty”
A negative decision may be made when checking submitted documents at the registration stage in the following cases:
- there are no grounds for registering real estate under the dacha amnesty, i.e. real estate is not subject to Federal Law No. 93-FZ;
- the documents required for registration actions have not been submitted to the Rosreestr institution;
- if the applicant was unable to confirm the legality of ownership of the plots;
- if the characteristics of the building violate building codes and regulations.
In each of these cases, applicants have the right to challenge the decision of officials of authorized state bodies.
Loading...