How to register a dacha as a property - legal subtleties and nuances

During the warm season, most residents of apartment buildings move to live outside the city or regularly visit their dachas to water the planted vegetables and treat the garden against pests. Nothing will stop you from doing gardening until the need to dispose of your property arises.

To avoid conflicts when selling, donating or other manipulations with the site, you should register the dacha as your property. It is noteworthy that when purchasing a country house, registration is currently required, but many dachas remain unregistered because they were purchased before 1991, when such a procedure was not required.

Conditions of registration

Every owner of a country house can register ownership of a dacha if the dacha meets the criteria that allow the procedure for registering rights to real estate:

The land plot is part of a cooperative or garden partnership (or other officially registered organization).
The plot of land was included in the organization no later than October 30, 2001.
The land is assigned to the citizen claiming ownership.
There are no burdensome factors (does not belong to the state, does not affect the interests of neighbors, is not part of the Forest Fund, etc.).

In the question of whether it is possible to register a dacha as a property if it was acquired after October 20, 2001, there are much more subtleties - along with the right to land, the rights to residential and non-residential buildings on the site (bathhouse, garage, etc.) must be separately acquired.

Another nuance is how much it costs to register a dacha as a property: if it was purchased before October 30, 2001. In 2019, you will only need to pay state fees during the registration process; in another situation, the plot will have to be purchased.

Important! For plots acquired before 2001, a simplified registration procedure is in force in accordance with Federal Law of June 30, 2006 N 93-FZ; such an offer is valid until December 31, 2021 and is called the “dacha amnesty.”

When is it necessary to register ownership of country property?

In accordance with regulations, private houses can only be built on lands designated for this purpose. The legislation distinguishes two categories of sites:

Geographically owned by a settlement and allocated for individual housing construction (IHC) or personal subsidiary plots (LPH);
Agricultural purposes allocated for dacha and garden partnerships.

The second option does not require obtaining a permit for construction work. The erected building will have the status of a country house or garden house, not intended for year-round residence (and without the right of registration).

To build a residential cottage on land for individual housing construction and private plots, it is necessary to obtain a construction permit from the relevant authorities. This sanction will subsequently allow you to put the building into operation without any problems and register it in your name.

Whatever the status of the land, it is necessary to register the property in the Unified State Register of Real Estate in any case: when purchasing, exchanging, receiving an inheritance, donating and other circumstances when a house, dacha, cottage changes owner.

Procedure

To use your time rationally, you should know how to properly register your dacha as your property. The package of documents must be collected only after going through all the stages of preparation for acquiring rights to the site:

Obtain consent from the cooperative administration to allocate the plot for ownership.
Order a cadastral survey of a plot of land from the BTI with a land surveying plan and inclusion of all existing buildings in it.
Contact the Cadastral Chamber with the plan received from the BTI specialist to obtain a cadastral passport.
Contact Rosreestr or MFC with a complete package of documents and, after waiting for the decision of the competent authority, receive a certificate of title to the site and buildings.

Important! Both the owner and his representative can register ownership of a dacha in 2019/2020 on the basis of a notarized power of attorney. A dacha can be registered for two or more citizens in shared ownership. In this case, documents are submitted collectively.

How and where are documents submitted?

You can submit an application in several ways:

To the regional branch of Rosreestr . You should contact the department in whose reporting territory the property is located;
At the MFC . The center’s employees will not only accept documents, but will also tell you what papers are missing, how to prepare them, etc. Here you can also pay the state fee;
Through the State Services website . To do this, you need to go through a simple registration and authorization procedure. This method can significantly save time, since applications received by Rosreestr through the State Services portal are considered first;
By mail . By using this method, the applicant will save himself from mandatory visits to government agencies. But you must be sure that all documents are formed correctly, since any mistake will result in a refusal. In addition, all copies must be certified by a notary.

In the first two cases, an employee of the institution is obliged to issue a receipt, which will contain a list of accepted documents and the period for consideration of the application. For submission, copies of certificates, certificates, passports, etc. are prepared, but originals will also need to be provided for review.

The processing time depends on how the application was submitted. But, in any case, this period should not exceed 30 days.

Important! Upon completion of registration, you will now receive not a certificate, but an extract from the Unified State Register of Real Estate, which contains information about the property and the owner.

This document looks like this:

Package of documents

In order not to waste time correcting erroneous steps when registering property rights, you should know what documents are needed to register ownership of a dacha:

passport of the owner of the plot (if registration is intended for several people, then passports of all future owners);
cadastral passport of the plot;
technical passport of the land plot;
a statement drawn up according to the sample;
a certificate containing information about the purpose and actual use of the land;
receipt of payment of state duty.

Owners of plots who lack certain documents are wondering how to register their dacha as a property without documents without breaking the law. In this case, it is necessary to collect all available papers and certificates and submit them to the administration that owns the territory covering the land plot. Further, the process of obtaining title documents depends on the status of the land, the presence of encumbrances and the possibility of competent land surveying. The price for registering a dacha in the absence of certain documents can reach several tens of thousands - this amount consists of state fees, which in this situation are much higher than if you have the required package of papers, and are directly proportional to the size of the plot.

Expert opinion

Elena Bondarenko

Higher legal education Specialization: real estate, labor and family law

About the expert

With the registration of existing residential buildings, problems may arise when trying to obtain ownership of a dacha. This is due to the fact that before starting construction it is necessary to obtain permission for it. If the house has already been built, the right solution is a construction examination, confirming the construction’s compliance with the standards and further registration of property on its basis.

What to do if there are no documents or they are lost?

If any of the required documents are missing, you will need to obtain them yourself. To do this, you can make requests to the local administration and BTI. They also issue cadastral and technical passports.

To complete all the documents, you may need to visit a specialist to take measurements and describe the technical characteristics of the building. And perhaps the architectural design according to which the permitted construction was carried out will be sufficient.

If the plot has not previously been registered with Rosreestr, then it will be registered in parallel with the house. This means that you will need to submit a corresponding application for the land.

Additional certificates may be requested when the registrar has doubts about the legal purity of the property being registered.

If the dacha is not registered

The consequences of not registering ownership of the dacha can strike at the most inopportune moment. At the legislative level, it is impossible to seize the site and buildings for further exploitation, but a number of troubles may occur. Among them:

A garden house may be recognized as an unauthorized building and demolished.
A dispute may arise with neighbors regarding land surveying, which could lead to litigation.
An unregistered plot cannot be insured, donated, sold or taken other actions.
In the event of demolition of buildings due to state necessity (for example, a new highway will be built on the site of a dacha cooperative), it will not be possible to receive compensation.
There is a possibility of a fine of 20% of the property tax amount for the last 3 years.
Official connection of communications to an unregistered house on a summer cottage is excluded.
An unregistered dacha plot and buildings on it are not subject to inheritance.

It is necessary to register the purchased dacha as your property as soon as possible, especially if it meets the criteria for simplified registration. Conflicts can be avoided not only with self-government bodies, but also with neighbors when controversial situations arise, because title documents require careful land surveying and establishment of boundaries.

Timing and cost

The most expensive part of the entire process is the registration of a cadastral passport .
The cost of surveyors’ work varies from 3,000 to 10,000 rubles. The final price is influenced by many factors, including the region where the property is located.

The state fee for registering rights in Rosreestr is 2,000 rubles for individuals (Article 333.33 of the Tax Code of the Russian Federation).

If the land is shared, for example, issued by SNT, then the state duty will cost 350 rubles, multiplied by the size of the share. For example, 350 * 0.4 hectares = 140 rubles.

If the land was leased, then the owner may be offered to complete the purchase, which will require a certain amount.

Coordination with the administration for the allocation of land ownership lasts up to 14 days. The formation of a cadastral passport will take 1–3 weeks. Registration of rights takes from 7 to 9 working days. If there are problems with documents, registration of land ownership can take up to several months.

Challenging a refusal

To appeal the response received from the registration authorities, you need to contact the judicial authorities. In this case, the owner or heir files a statement of claim describing the grounds, attaching a copy of the refusal document to the letter.

If the court finds the plaintiff right, the registration authorities are obliged to complete the process in favor of the latter. If the application is rejected, government agencies cannot transfer the real estate to the owner.

The appeal period is 3 months from the date of receipt of a negative response. The judgment is executed either immediately or according to the period specified in the judgment.

Suspension or refusal of registration actions

Upon completion of the registration procedure, the authorized body may suspend the procedure or refuse it. The reasons are specified in N127-FZ. If we analyze the provisions of the law, there are more than 50 reasons for suspending the procedure. For example, state registration and cadastral registration are suspended for the following reasons:

the person who submits the documents does not have the competence to do so;
inaccurate data was found in the documents;
the land plot is not transferred to private ownership, or is formed from lands that have different purposes;
the boundaries of land plots overlap each other.

The reasons for suspension of registration, if they are not eliminated within the period specified by the government agency, may lead to refusal. In any case, the applicant is notified of everything in writing. Rosreestr lists the reasons for the refusal.

If the government body does not suspend registration, but immediately issues a refusal, this means that there are no documents of title to the land plot. It follows from this that a person, without proof of rights in hand, cannot dispose of a land plot.

Often the refusal of Rosreestr is unfounded. Technical errors are also possible.

Obtaining a cadastral passport

It is provided in the form of a map containing information about the boundaries of the land plot. The document contains graphic and descriptive sections. It is necessary to confirm the boundaries of the site. Until 2008, a cadastral plan was issued by the Cadastral Chamber. Today you can order the issuance of a cadastral passport at the local branch of Rosreestr.

If there is no cadastral passport, an extract is issued stating that the plot does not have a cadastral number and is not registered with the state. This means that documents on the site were not previously provided and they are not in the state real estate register.

In this case, the boundaries of the site must be surveyed with the involvement of a cadastral engineer. He needs to provide the available documents. If necessary, he will request additional information from government agencies. You will have to pay for the service yourself. In addition, it is necessary to obtain signatures from the owners of adjacent plots that they agree with the definition of the boundaries at their location. If there is a claim, land surveying will have to be postponed until the trial.

If neighbors refuse to sign and do not make contact, without showing disagreement, it is enough to notify them in writing about the planned land survey. In this case, notifications about sending notices are attached to the land surveying act.

We submit documents to Rosreestr

Information about all land plots and other real estate objects passes through this federal service. In order to register a plot, you need to contact the local office of Rosreestr closest to your residence address, or submit an application and documents online or via mail.

The fastest way is to register on the official website. There you can carry out the procedure at any time of the day, spending a minimum amount of time.

If you decide to send documents by mail, include printouts of the required files or scanned versions of them in the envelope. Make sure all papers are in a readable format and make an inventory of them.

Rosreestr provides a service for checking and printing cadastral extracts from electronic xml files. In the appropriate section of the site, you select the desired file, open it, and the system checks the document number. If you upload documents online through Rosreestr (in a readable format - xml or sig), then printing cadastral extracts is done in a matter of seconds.

Land plot and ownership

Registration of ownership of a land plot: how to register land

When a person buys a piece of land to build a residential building or cottage, he does not immediately think about the design. This time-consuming procedure will give you the right to dispose of your own land at will. Why register property? Many people ask this question. Without registering the right to a land plot, a person will not be able to sell, transfer to heirs, or rent out. Various actions are performed with the land plot of the official owner. Transfer of ownership of a land plot is possible when the owner has acquired: · in the form of inheritance; · as a gift; · in the process of privatization; · under a purchase and sale agreement. If communication networks or a road pass through its own territory, the official owner is entitled to compensation. Who benefits from this? It became possible to register a plot of territory as a property with the entry into force of the Land Code (2001). Ownership must be re-registered before this period. Registration of rights to a part of a land plot is beneficial to the following categories of citizens: • members of society without supporting documents; • owners of plots without shares; • owners of plots without appropriate documentation. Registration of land plots, methods of obtaining rights In Russia there are three forms of land ownership: · individual; · collective or joint; · equity. The land plot is owned by legal entities and individuals, or by the state. Methods allowing obtaining the right: a person enjoys by right of inheritance or perpetual use - re-registration; provision of a site under administrative procedure; civil law method for land plots that have undergone cadastral registration. You can find out whether a land plot is registered in the cadastral register on the public cadastral map of Rosreestr. Simplified registration method In 2021, it is allowed to register plots using a simple scheme. In this way you can register: · part of the land owned before 2001; · a plot with residential real estate built on it; · plots of land for gardening with unauthorized built houses; · land for which there are title documents drawn up according to the old model; · territory that is in use, but is not private property. Gardeners, by decision of local authorities, are given the opportunity to obtain plots of long-term use free of charge. Other owners, upon re-registration, convert inheritance or other rights into property. In practice, it turned out that the main disadvantage of this scheme is disputes about the state of the borders. Owners of neighboring plots often quarrel over the demarcation line. If the owner has legal rights to the territory, disputes will drag on for a long time. Therefore, it is necessary to seek help from a lawyer in a timely manner.

Necessary documents for registration To obtain land ownership rights, a citizen submits an application to Rosreestr. To do this, it is necessary to prepare the following documents: · applicant’s passport, copy; · power of attorney for the representative of the owner’s interests, if he himself cannot deal with the process of registering the object; · certificate confirming the right of ownership of the territory. The registration application does not have a standard template and is written in a voluntary form. The owners of the house must agree to this design. If the house has several owners, it is better to issue a power of attorney to one of them or hire a lawyer. The applicant must pay the state fee and provide proof of payment in the registry. Registration according to the simplified version is that it is possible to submit any existing deed to the territory, on the basis of which registration will be carried out. Problems with registration Correct and complete documentation is the key to successful legalization of land rights in 2021, but sometimes problems arise. Registration rules are spelled out in various regulatory documents, and putting them together and deciphering the language of the legislator is not an easy task. The speed of registration depends on the following factors: · knowledge of the basics of land and urban planning; · finding out the history of the site; · preparation of technical and legal documentation; · interaction with various government agencies, as well as with people claiming the applicant’s territory. Many owners of land plots believe that there is no need to register property if they have been using these plots for decades. This misconception can be refuted by some examples. For example, in the future a person would like to build his own house on his plot and legalize it. If the territory is not owned, the house will be considered to be located on a boundary owned by the state. At any time, the land may be demanded to be returned. Compensation for returnable plots is due, but the amount will not cover the owner’s expenses for the construction of the facility. Independent registration or assistance from a specialist A large number of people register ownership of a land plot themselves, spending a lot of time. But there are specific points that are difficult to understand without the help of a lawyer. The loss of a document for a plot of land requires its restoration. To do this, you need to contact archives, government agencies and other organizations; in extreme cases, you will have to go to court to have your right recognized. The simplified scheme allows you to draw up documents without land surveying, but problems may arise later. It is impossible to register a residential building on a plot without land surveying. The assistance of a qualified surveyor is required to draw up a boundary plan. If the acquired land is encumbered by a lease or mortgage, the owner will have to deal with this on his own. Transferring the land to a new owner does not terminate the encumbrance. Therefore, it is important to collect the correct information about the object in question. Stages of registration There are several important stages that characterize the process of registration of land ownership.

Establishing boundaries In order to register a part of a land plot in a simplified version, it is necessary to determine clear boundaries of the location. This simple scheme is submitted to the registering government agency. The first registration steps begin with land surveying - establishing the coordinates of the land plot. Often the documented data does not coincide with the information in the cadastral certificate. It is advisable to schedule and carry out a repeat event to determine the boundary and update the information. The new project must be approved by the owner of the plot or the general meeting of owners when registering rights in the dacha community. Without establishing boundaries, registration of rights to a property is impossible. The Unified Center for Land Cadastre and Cartography carries out all land management work. Cadastral engineers are authorized to prepare the relevant technical documentation: 1. Preparatory work is carried out. 2. Their cost is determined. 3. Preparation of a technical project. To reduce the time for registering a plot of land, you need to pay additionally. The boundary plan is necessary to draw up an act on the boundary lines of the site, available in the Unified State Register certificate. Next, it is necessary to notify all interested parties, draw the boundaries of the surveyed area in kind and draw up a boundary plan. The specialists sign the inspection report, and a package with the necessary documents is given to the client. The next step is to obtain a decision on the division of municipal land from the head of the relevant authority. After receiving this document, you can begin to sign an agreement on the transfer or sale of the land plot. Registration of rights To obtain a new property document, you must submit a personal application to Rosreestr. The legislation specifies only a general privatization procedure, but when registering a plot of land as your property, you may encounter nuances that depend on the specifics of each object. Applications can also be submitted to the MFC; it will be considered within 14 days from the date of its submission. In order to be able to perform various types of actions with the land territory, it must be registered in the cadastre. The next stage will be registration with the territorial administration, after which the property will be registered. Notarization The law on real estate registration states that the transaction is carried out by a notary. After this, the buyer goes to the Rosreestr office, where the ownership is registered. To register ownership of a land plot, the following documents will be useful: • extract from the register; • cadastral plan; • payment document confirming payment of state duty; • contract; • owner's passport. The applicant can take part in the procedure or entrust the procedure to another person by issuing him the appropriate power of attorney certified by a notary. The power of attorney must specify the right of the authorized person to manage the affairs of the principal. It is advisable to check the list of documents in advance with specialists of the registration authority. The right to a land plot is transferred under different circumstances, and therefore the list of documents differs. After accepting the documents, the registering institution issues a receipt listing the documents. The citizen receives a message about the deadline for the certificate’s readiness by phone or email. Dacha amnesty - right to land One of the new types of ownership of the territory is registered according to a simplified scheme and is valid until the end of 2021, after which the procedure switches to the standard scheme. Experts advise those wishing to acquire ownership of a plot of land for gardening and horticulture to take advantage of the granted right. Who can exercise this right? • persons with an indisputable right to the allocated real estate; • landowners forming a partnership community; • citizens in the process of registration. The final decision is made within 30 days, after which the certificate can be obtained from the relevant authorities. Leased land The owner of a plot can donate it, sell it, give it for use, etc. If a tenant builds a building on rented land for business and residence, it is better to privatize this plot. A person using leased land has an advantage in acquiring it. Land is transferred into ownership in two ways: • purchase and sale; • privatization. To acquire land, you must first obtain permission; without it, further manipulations are impossible. A written rental agreement must be presented upon registration. If not, a person will have to collect a large number of certificates confirming the fact that the land was actually leased. After approval, you can contact a notary to notarize the transaction. Having concluded a notarial transaction, the documentation is sent to the Russian Register or MFC. Leased land must be purchased from the municipality. If there is a residential building on a vacant plot of land, the owners have the right to receive the land without bidding. If there is no such house, or it exists without registration of ownership, an auction is held. After full payment, the parties sign a land acquisition agreement and an agreement to end the lease. The document is submitted for registration to Rosreestr or MFC. If the owner registered ownership of a land property before October 30, 2001, registration will be free of charge. It doesn’t matter on what basis the house is registered, the main thing is that it is before the end of the term. The right of ownership of residential real estate is subject to registration. The fact of registration of the right and the data of the copyright holders are entered into the Unified State Register and are reflected in the information from the Unified State Register of Rosreestr. Registration nuances According to the Land Code of the Russian Federation, a Russian has the right to acquire land ownership. During registration, some nuances may arise: 1. Documents for real estate without a cadastral passport. 2. Lack of land certificate. 3. The need for assistance from a professional surveyor and lawyer. 4. Evidence of ownership of the residential property. 5. Housing rights holders cannot register plots of land that are closed for public use. 6. Registration of a land purchase and sale agreement. To register ownership of a plot of land, you need to prepare in advance by studying the rules and regulations. Receiving documentary evidence of ownership gives the owner the right to dispose of this object and make transactions.

How to pay state duty

The cost of the state duty varies depending on who pays it - an individual or a legal entity (hereinafter referred to as f/l and y/l), and the intended purpose of the allotment affects the price of the issue.

Minimum costs - 100 rubles - are expected for f/l and y/l, registering shares in common agricultural property.

350 rubles , whether an organization or an individual, will be spent when registering agricultural plots. For the same amount, land is registered for personal farming, building a garage, and planting a vegetable garden.

The price increases significantly for land plots with a house or a plot for individual housing construction: 2 thousand rubles for a f/l and 22 thousand rubles for a y/l.

If you pay electronically, it will be cheaper

The extract from the Unified State Register of Real Estate combines information from the Unified State Register of Rights Registration and the cadastral passport - it will cost 750 for a f/l and 2,200 rubles for a f/l if it is made on paper. In electronic form it is cheaper: 250 rubles f/l and 700 rubles u/l. An extract from the Unified State Register is necessary, as it makes it possible to obtain information about the real estate being registered before concluding a transaction to transfer the right to private ownership of land.

Registration of empty land as private property

This is a rather difficult process that can take a lot of time. The easiest and fastest way will be to find the owners of the ownerless territory or their heirs, and agree with them on the purchase and sale.

If it is not possible to find the owners, you should contact the local authorities. There should be information about all territories related to the selected institution.

If the owners have not been found, contact the district authorities. It will not be superfluous to attach to the letter photocopies of documents that confirm the search for owners - they will simplify the process of obtaining land.

After this, submit the following documents for consideration:

General plan of the territory (from BTI).
Application for transfer of land into your ownership.
Geodetic plan (taken from a geodetic company).
Cadastral passport.
Temporary possession deed.

Expect a response within 3 months. If it is positive, you can submit an application and documents for registration in the manner described above.

Registration through the State Services portal

In order not to waste time, you can pre-make an appointment at the Rosreestr office or the Cadastral Chamber using the State Services electronic portal.

On the website gosusludi.ru, you select an appointment time convenient for you online, after which you will need to appear at the address indicated there on the appointed day. Registration is made in the “Offices and Receptions” section.

Drawing up an extract from the Unified State Register at the MFC - there is nothing complicated!

Then you need to send the documents (they must be notarized) by mail.

A preliminary inventory of the contents of the envelope is carried out, with mandatory notification to the sender of delivery and receipt.

On the website in the “Electronic Services” section you can submit scanned documents for consideration. However, not all branches of Rosreestr provide such a service, so you should check with the operator for details by calling the numbers listed on the same page.