The dacha amnesty has been extended. Putin signed the law on August 2, 2021. From now on, you can register a house on a summer cottage using a simplified procedure.
Attention! 12/08/2020 Law 404-FZ was adopted on the extension of the Dacha Amnesty until 2026 and on expanding the scope of its application - details.
Let's look at step by step how to register a house under the dacha amnesty.
Pitfalls you may encounter when designing a garden house
Often, citizens, turning to a cadastral engineer for registration of their country garden or residential building, find out that their plot is not demarcated and, along with the preparation of a technical plan, they need to fork out for land surveying. Read about why land surveying is needed in the article: “How land surveying is done.” When registering a country garden, residential building and other buildings, unforeseen circumstances may arise that prevent cadastral registration. Depending on the complexity of the situation, home registration may take several months or years.
We wrote about some additional nuances of delaying the cadastral registration of real estate in separate articles. List of articles by topic below:
Suspension of registration of ownership of real estate What is a cadastral error and how to correct it The disk in the MFC or Rosreestr cannot be read Extension of the dacha amnesty
How to register a country house in SNT under the “dacha amnesty” in the Moscow region
On the eve of the summer house season, the question of decorating a summer house arises. Until March 1, 2021, a simplified procedure for registering such buildings – the “dacha amnesty” – is taking place in the region. Different conditions are offered for different categories of land. What structures can be registered in SNT, read the material of the mosreg.ru portal.
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The effect of the “dacha amnesty”
Source: Photobank of the Moscow region, Anastasia Mushenok
The “dacha amnesty” applies to buildings erected on the plots of gardening non-profit partnerships (SNT) without permits. Until March 2021, the land owner has the right to register the building with the cadastral register and register ownership of it.
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Types of land
House layout
Source: Ministry of Property Relations of the Moscow Region
Not all types of permitted land use are eligible for the “dacha amnesty”. Owners of garden plots can register buildings using a simplified procedure.
You can find out the type of permitted use from the land title documents. In this case, the wordings “garden plot of land”, “for gardening”, “for gardening”, “dacha plot of land”, “for dacha farming”, “for dacha construction” are considered equivalent. Such lands are intended for recreation of citizens and cultivation of crops for their own needs.
The amnesty does not apply to lands with a permitted use of “gardening”. In such areas, only agricultural production of perennial crops is provided.
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What objects can be registered
Construction of sidewalks
Source: Ministry of Transport and Road Infrastructure of the Moscow Region
According to a simplified procedure, until March 1, 2021, you can register either already constructed structures or those whose construction began before August 4, 2021 without permits. In SNT, a garden house, an individual residential building, outbuildings or a garage are allowed.
At the same time, the height of a residential building cannot be higher than 20 meters and it should not have more than three floors. Living rooms must be separated from household premises, and they must maintain a temperature of +18 degrees all year round. In buildings registered under the “dacha amnesty”, division of apartments is unacceptable.
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Simplified registration procedure
Source: RIAMO, Alexander Manzyuk
Registration of a house according to a simplified procedure takes place on the basis of a declaration, a technical plan of the property, and a title document for the site.
The land owner fills out the declaration on the property independently. You can use project documentation, if available. The declaration form is available on the Rosreestr website.
A technical plan is needed to enter the building into the cadastre and register it. To obtain a technical plan, you need to contact a cadastral engineer. He goes to the site, makes measurements and geodetic calculations.
If the land plot has already been registered, you will need title documents for it: donation or sale agreements, certificate of inheritance, acts of an authority, court decision.
The assembled package is submitted to the MFC or directly to Rosreestr. If the house meets the requirements, after inspection the owner will receive an electronic extract from the Unified State Real Estate Register (USRN), confirming cadastral registration.
After March 1, 2021, registration of houses and buildings on all types of land will require the submission of notifications of the beginning and completion of construction.
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Why register buildings?
A new cultural center will be built in the Bogorodsky urban district
Source: Ministry of Construction Complex of the Moscow Region
Property registered in the prescribed manner is under state protection. In addition, if the owner of the plot wants to sell or inherit the dacha, he will be able to carry out the transaction without restrictions.
Gas and water cannot be supplied to a “non-existent” house. This is necessary to recognize a garden house as residential - it must have stationary heating, lighting, water supply, and sewerage systems. If the house belongs to the housing stock, then you can register in it.
An unregistered property may be considered an unauthorized structure and the structure may have to be demolished.
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Property tax
Russian banknotes
Source: Main Directorate of the State Housing Inspectorate of the Moscow Region
Owners of residential buildings are entitled to a tax deduction of 50 square meters. If the area of the house and outbuildings is less than 50 square meters, the tax is not charged. If the area is larger, the meters that remain after deducting the preferential 50 meters are taxed. The rate will be 0.1% of the cadastral value for SNT.
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Where to contact
The second MOBTI consultation center was opened in Krasnogosk
Source: , press service of the Krasnogorsk city district administration
You can learn more about the effect of the “dacha amnesty” at the consultation centers of the regional BTI or MFC.
Hotline telephone number of the Moscow Regional BTI +7 (498) 568-88-88.
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Documents and the need for land surveying
To take advantage of the opportunity to register country real estate for use, you will need to collect a package of the following documents :
- statement;
- passport of a citizen of the Russian Federation;
- receipt of payment of state duty;
- technical plan (both for the land and for existing structures);
- title papers.
To obtain a plan, it is necessary to carry out land surveying.
To do this, it is important for a citizen to know how this procedure is carried out :
- Order the appropriate work from the cadastral organization.
- After clarifying the points with date and time, the engineer takes measurements of the site and identifies the coordinates of its location.
- Based on the information received, the specialist draws up a technical plan.
Only with the document in hand can you contact the registration authorities to legitimize your rights.
Price
There is an approved mechanism for determining the price for work of this nature, but for the most part it is followed only by municipal services, whose execution speed is far from ideal.
When setting payments, private companies are guided by current indicators.
For example, the cost of land surveying is affected by :
- region of residence;
- category of land;
- square;
- location and shape of the site.
Therefore, the applicant is recommended to consider several companies , comparing reviews of former clients and approved figures.
So, in the Moscow region the price varies from 10 thousand rubles to 30 thousand rubles. Whereas in the neighboring region, the Leningrad region, the cost is much lower - within 7-8 thousand rubles. In other territories, this value is on average within 5 thousand rubles.
Free conduct
As for carrying out the land surveying procedure free of charge, this is only possible within the framework of complex cadastral activities. In such cases, all work is carried out at the expense of budget funds.
municipal structures can initiate the program . They are also responsible for the results of the process.
Interested parties are advised to carefully study all the intricacies of the procedure, since free land surveying was introduced relatively recently and has significant features.
Until what year is it extended?
According to the initial assurances of the Government of the Russian Federation, from January 1, 2021, the dacha amnesty will no longer be used. However, further consideration of the issue led to the fact that the simplified procedure for registering property rights was extended until March 2021 .
But certain March amendments to the amnesty law significantly influenced the process itself. For example, it is now mandatory to carry out land surveying, which will increase both the cost of obtaining title documents and the time that will need to be spent on all actions.
