How to register a land plot under the "Dacha Amnesty"

Article updated: December 24, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years

Hello. I will describe here the instructions by which citizens can register their land plot as a property in a simplified manner on the basis of the Dacha Amnesty law. It is written here only about the registration of the site, and not any buildings on it. The instructions are universal and suitable for most areas: country houses, gardens, vegetable gardens, individual housing construction, private household plots, etc.

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A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, seven days a week for all regions of the Russian Federation) Moscow and the region; 8 (812) 425-62-89 — St. Petersburg and region; all regions of the Russian Federation.

“Dacha amnesty” is a series of laws under which you can register a plot of land in a simplified manner. The simplified procedure is as follows: 1) Only a title document is required for the plot; 2) The plot will not have to be purchased from the municipality - it will be transferred into ownership free of charge. The maximum state fee you need to pay for registering property rights in the Unified State Register of Real Estate is 350 rubles; 3) It is not necessary to establish the boundaries of the site if they are not in the cadastre. This can be done at will and after registering the property by carrying out land surveying.

How to check whether the land plot has clear boundaries in the cadastre - online method.

Under the “Dacha Amnesty” only such plots can be registered

A citizen can register his plot in a simplified manner only if these conditions are met : 1) The plot was provided to him. For example, if a citizen died, his heirs can only register the plot through the court. 2) The plot was provided before October 30, 2001 and only for indefinite use or lifetime inheritable possession. 3) You must have a title document on hand. Everything is indicated in paragraphs. 1 and 9.1 art. 3 of the Federal Law of October 25, 2001 N 137-FZ.

Why until October 30, 2001? On this day, the Land Code came into force, according to which plots are no longer issued to citizens for indefinite use or lifelong inheritable possession - Art. 39.9 of the Code.

If the plot is not issued for indefinite use or not for lifelong inheritable ownership, registration of such a plot takes place in the usual manner, not in a simplified manner. The article you are reading is about the simplified procedure.

What is the essence of the new bill?

According to one of the authors of the initiative, Chairman of the Committee on State Construction and Legislation, Pavel Krasheninnikov, the new bill will help resolve issues with the so-called workers' settlements. As Krasheninnikov noted, in the Soviet years, citizens were legally provided with plots of land next to plants or factories, but such procedures were not documented in any way.

“People have lived there for generations, they even registered there, but there are no relevant documents. We believe that since the matter is not moving forward here, it is necessary to provide for this in the law. The measure will affect tens of thousands of our citizens,” Krasheninnikov told reporters on Tuesday.

You must have a title document on hand

A citizen must have in his hands some document of title to the plot, which confirms the fact of transfer of the plot for use/ownership. This could be: a certificate/agreement/act from the municipality on the provision of a site for indefinite use or lifelong inheritable possession; extract from the household ledger; agreement for the right of development, etc. A certified copy will also do. Without a title document, ownership or use of the site will have to be proven in court.

Samples of title documents ↔

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Where to look for a title document

First you need to find the details of this document, and then, based on them, start searching for it. This order is because in organizations where the document may be stored, they will not be able to find it simply by the address of the site. They need to know the document number and date of execution, i.e. details that can be found at the site address.

You need to look for details in the BTI archive and the Rosreestr archive. Check the address of the local BTI archive on the organization’s website - Rostekhinventarizatsiya (Federal BTI). If the location is determined incorrectly, your locality can be found in the “Select city” tab. The address of the local Rosreestr archive can be found by calling the unified Rosreestr helpline.

In both archives, the details are issued the same way. In the application it is enough to indicate the address of the land plot. The form and sample will be given there. The service in both archives is paid. Please check the cost and delivery time on site.

As a result, the applicant will be provided with a certificate indicating the presence or absence of the details of the title document. If the details are available, the certificate will indicate the full name of the title document, its number, date of registration, by whom and to whom the plot was issued, where this document can be stored at the moment. Most often this is the archive of the notary chamber, the archive of the local administration or the state archive of the region. I advise you to contact each of these archives; their addresses and contacts can be found on the Internet. Examples below.

In all of the above archives, the title document is issued in the same way. An employee will issue a form and sample application. You need to have a passport and a certificate with your details. The cost and delivery time are different everywhere, check everything on the spot.

If a title document is found in the archive, a copy will be made of it and a certified duplicate will be issued. The epic is over, you can move on to the final stage - registration of ownership.

How will it be possible to register ownership of the house and land?

To register rights to a residential building and the land plot underneath it, a citizen will need to submit one application to the local government body, and also attach one of the following documents (if all documents are available, all must be provided, the law says):

document on the allocation of land by the employing organization;
agreement on connecting the house to utility networks;
an agreement on the payment of utilities or bills for such services;
technical inventory documents;
extract from the household ledger;
a document confirming the fact of registration of a citizen in the specified house before May 1998.

At the same time, regions will have the right, based on local conditions, to additionally determine the documents that can be submitted by a citizen if the citizen does not have the above documents.

Real estate on garden plots

According to Part 1 of Art. 3 Federal Law No. 217, in gardening areas you can :

rest;
grow agricultural products;
place garden houses for seasonal living;
place residential buildings for year-round use;
place garages and agricultural buildings.

Requirements of paragraph 39 of Art. 1 of the “Town Planning Code of the Russian Federation” (GrK) - (Federal Law No. 190 as amended on December 27, 2019) apply to horticultural real estate :

buildings must be located separately;
have no more than three floors above the ground;
have a height of no more than 20 meters;
consist of separate rooms, have separate premises;
must be intended for living and meeting the needs of those living in it;
should not be divided into separate buildings.

The amnesty for real estate on plots used for gardening is as follows::

Provisions of paragraph 3 of Art. 16 Federal Law No. 340 “On Amendments to the Town Planning Code of the Russian Federation” dated 08/03/2018 (as amended on 08/02/2019) say that before 08/03/2018 it was necessary to obtain a construction permit (Part 1 of Article 51 of the Civil Code of the Russian Federation), and after On 08/03/2018, for this it is enough to submit a “notification of planned construction” (Part 1 of Article 51.1 of the Civil Code of the Russian Federation).
Until 03/01/2021, registration of the right to a garden house or residential building is allowed, if there is: a technical plan, a document on ownership of the land plot, and also if the right to this plot has not previously been registered in the Unified State Register of Real Estate (United State Register of Real Estate) (Part 12 of Art. 70 Federal Law No. 218). Information about real estate is entered into the technical plan from the declaration.
Until 03/01/2021, the owner of a gardening plot where construction of a residential or garden house began without permission before 08/03/2018 can submit a “notification of planned construction” (Part 5 of Article 16 of Federal Law No. 340).
One month before the end of construction, the owner of the garden plot submits a notice of completion of construction, to which are attached: a technical plan of the house, an agreement between the owners of the plot on the distribution of parts of the property in the house being completed, a power of attorney issued to the developer’s representative, a translation of documents on registration of a foreign legal entity, if such a person is a developer (part 16 of article 55 of the Civil Code of the Russian Federation).

Please remember that a building notice is valid for ten years. If the period has expired and the housing has not been completed, the notification will be considered invalid and the developer will be denied ownership of the house.

Two registration procedures caused confusion

Currently, there are two procedures for registering rights to a land plot or real estate: notification and declarative. The notification procedure is very time-consuming: you need to go through four procedures, submitting the same number of documents. The declarative procedure is simple: you need to come to the MFC with one document, and Rosreestr will issue rights based on it, Skufinsky explained.

At the same time, the notification procedure is not only long, but has also shown itself poorly in practice, managing partner of Mitsan Consulting Dmitry Zhelnin told Expert.ru.

“In 9 cases out of 10, the local administration, upon receiving notification of the start of construction, sent a letter to the applicant indicating that it did not approve the start and/or completion of construction,” he explained. — In practice, the procedure has changed from “notifying” to “permitting”.

The new version of the “Dacha Amnesty” leaves only a declarative order. Canceling the notification procedure will not only speed up the registration procedure, but will also remove confusion.

There are a lot of unregistered real estate and land plots in Russia. In essence, the “dacha amnesty” is the completion of the land reform of the 90s. In post-Soviet times, a large amount of land and real estate was created that people use, but cannot register as their property. These are land plots and real estate acquired before 1998.

Real estate on plots for individual housing construction

An explanation of what an individual housing construction object is and its parameters is available in clause 39 of Art. 1 Civil Code of the Russian Federation.

A peculiarity of the plots allocated for individual housing construction is their location on the lands of populated areas . Despite the fact that the amnesty applies to the registration of residential garden real estate, the legislation has extended these simplifications to the registration of real estate on plots for individual housing construction:

Provisions of paragraph 3 of Art. 16 Federal Law No. 340 “On Amendments to the Town Planning Code of the Russian Federation” dated 08/03/2018 (as amended on 08/02/2019) say that before 08/03/2018 it was necessary to obtain a construction permit (Part 1 of Article 51 of the Civil Code of the Russian Federation), and after On 08/03/2018, for this it is enough to submit a “notification of planned construction” (Part 1 of Article 51.1 of the Civil Code of the Russian Federation).
The owner of an individual housing construction plot where housing construction began before 08/03/2018, and there is no permit for this construction, may submit to the authorized bodies a “notification of planned construction” (Part 5 of Article 16 of Federal Law No. 340) before 03/01/2021.
One month before the completion of construction, the owner of the individual housing construction plot is required to submit a notice of completion of construction (Part 16, Article 55 of the Civil Code of the Russian Federation). Attached to it is a technical plan of the house, an agreement between the owners of the plot on the division of parts of the property in the house being completed, a power of attorney issued to the developer’s representative, and registration documents for a foreign legal entity, if it is the developer.

It must be remembered that notice of planned construction is valid for ten years. If the period has expired and the housing has not been completed, the notification will be considered invalid and the developer will be denied ownership of the house.

It's not just about bureaucratic red tape

There is another important reason for the need to expand and extend the Dacha Amnesty. but not protruding.

There is a lot of unregistered real estate and the state does not know from whom to collect taxes. According to various estimates, about 70-80% of real estate in Russia is not registered, Zhelnin explained.

“For January-April 2021, 423.3 billion rubles were received in real estate taxes,” the expert summed up. “Now imagine that this is only 20-30% of the total volume that the state can collect if it knows about all the real estate.”

How will the registration of ownership of the house and land proceed?

The authors of the bill propose to register ownership of a land plot and a residential building simultaneously - upon the application of the state authority or local government body that provided the land plot.

How to register a house built on private farmland? More details