How to register a dacha plot as a property, what documents are required, as well as the nuances of registering abandoned land

Registration of a summer cottage must take place in accordance with the requirements of the law, taking into account the established rules.
The legislator approved the list of required documents, the deadline and the amount of state duty. It is important to consider the status of the land at the time of registration in order to deal with any problems that arise.

What if you need to register an abandoned plot? What are the features of registering such land? Answers to questions in the article.

The legislative framework

The procedure for registering a summer cottage is regulated by many legislative acts of the Russian Federation. These include:

Land Code , indicating the procedure for distributing land between citizens who applied for its allocation for economic needs.

Civil Code , indicating the right of every citizen to obtain a plot of land for management.
Federal Law-217 of 2021 , which determines the procedure for using areas intended for gardening and vegetable gardens.
Federal Law No. 93 of 2006 , which provides a simplified procedure for the privatization of land that was transferred to private use before the Land Code came into force. The dacha amnesty has been extended until the beginning of March 2021.

In addition, there are the Town Planning Code and regulations, SNiP indicating the procedure and standards for capital construction on the site.

What to do if there is ownerless land?

In this case, the legislation provides for two scenarios for the development of events. The first and most convenient is to find the owners or their heirs and offer to buy the property. To speed up your search, you can contact your local office and ask for assistance. If the search work does not produce results, resolving the issue can last up to two years, or even more.

To register the right to own an abandoned territory, follow these recommendations:

Send your request to the nearest governing body. Attach copies of requests to the local administration to your application - this way you will confirm that searches have already been carried out previously. Based on your request, the committee will register the land in the cadastral register. After this, the owners or heirs will have a year to challenge the decision. After the specified period, the case will automatically go to court.
If during the proceedings it can be proven that the site is empty, it will go to the municipality.
Your task is to rent it on time. And then start preparing documents: a master plan in the BTI, geodetic markings, etc.
Hand over the package of collected papers to the local administration.

The application is considered from one to three months. If the decision is in your favor, you can buy the plot at the average market price. All that remains is to carry out land surveying and register with Rosreestr.

How to properly prepare documents?

The procedure for registering a plot is influenced by many factors, for example, under whose jurisdiction it is located, what its status is, whether it is included in cooperative ownership, etc. In addition, there are simplified rules for owners who received land before 2001.

Package of papers

If the plot belongs to a cooperative, the following documents are required:

make an application;
a set of documents of the cooperative (land surveying scheme, charter, its rights, registration and tax documents);
extract from the minutes of the general meeting;
certificate confirming the intended purpose.

Important! The documents of the cooperative are needed by new owners who have just joined it.

When land for a summer residence is issued by decision of a self-government body, you need to:

application for the provision of a site, approval of cadastral documentation and layout;
decision of a self-government body;
cadastral documentation compiled in agreement with the authorities.

Registration of ownership

The entire registration process occurs as follows:

an application is submitted to local authorities with the collected set of documents attached - you can apply in person or through the State Services portal;
the application is considered by competent persons and a decision is made;
If the decision is positive, you must contact the Cadastral Chamber to obtain a passport for the object.

If a citizen initially applied to the SNT with an application, then a meeting of owners will be held, at which a decision on the allocation of the site is made.

Attention! Citizens who received it from SNT can register ownership of a plot.

Initially, it must go through the privatization procedure, and a positive decision from the administration on the transfer of the facility is also required.

State registration takes place in Rosreestr as follows:

the owner submits an application and attaches documents;
the package of documents is checked and a certificate of ownership is issued.

If there is a refusal, the citizen has the right to challenge the decision in court.

Step-by-step instruction

In order to operate the plot, the owner of the land must undergo a registration procedure within the framework of the law. If this is not done, the rights to use and act will be limited, and transactions will be declared illegal.

Step-by-step instructions for registering land ownership in 2021 will help you do everything correctly, in the right sequence. Subject actions:

Collection of documents.
Contact Rosreestr.
Submitting an application.
Extract from the Unified State Register of Real Estate

You can submit an appeal not only to Rosreestr, but also to the MFC. The application is considered within two weeks from the date of receipt.

This is the procedure if the land has established boundaries. If not, you need to invite a specialist to carry out land surveying. If deadlines are tight, use the service for free, but you have to wait. If you want to resolve the issue in a short time, you will have to pay. A land survey plan is needed to draw up a boundary act, which can be found in a certificate from the Unified State Register of Real Estate .

To carry out various types of manipulations with the land, the site must be registered. This is done in the Cadastral Chamber or MFC.

The next step is to contact the local settlement administration. Afterwards, you can register ownership.

How to register an abandoned plot?

If you are interested in abandoned land, you must first find its owner and try to resolve the issue of acquiring property with him.
If the object is owned by the municipal government, you need to contact authorized persons.

In the second case, the transfer will take place in accordance with the requirements of the Land Code of the Russian Federation, with or without auction, if there is a provision in the law.

Another situation that may arise is the absence of the owner or the lack of information about his location.

In such cases, the site is registered in Rosreestr as ownerless until the application of the municipal authority. A year later and after changing the register entry, the municipality has the right to apply to the court with a claim to recognize the land as its property.

After the site is annexed to municipal property, you can collect a package of documents and submit an application to officials.

If the owner refused through Rosreestr?

Abandoning an unnecessary plot is one of the owner’s responsibilities if he has no desire to improve the property and pay taxes for it. The refusal procedure is quite simple thanks to the adoption of Federal Law-141 in 2008.

This is a one-sided transaction made at the request of the owner to Rosreestr. If the owner refuses, the land does not acquire the status of ownerless. According to the norms of the law, after making an amended registration entry, the ownership rights of a subject of the Russian Federation or a municipality to the site are registered. Full details about the waiver are here.

Reference! 5 days after re-registration of the site, Rosreestr sends a notification to the relevant government authority of the Russian Federation or municipality.

Recognition of ownership rights by acquisitive prescription

The right of ownership by acquisitive prescription is a right that arose for the first time or regardless of the rights of the previous owner.

According to Part 1, Art. 234 of the Civil Code of the Russian Federation, in order to register ownership of land on the basis of acquisitive prescription, the following points must be present in total:

the presence of a subject wishing to receive a plot;
legality of the object;
good faith in taking possession of property;
openness and continuity of ownership;
expiration of established tenure periods;
no obstacles to registration from the law.

The decision is made by the court, and according to the definition of the Supreme Court of the Russian Federation, the defendant must be the actual owner or his successor, and there must be a dispute between the parties.

Subtleties of registration when buying and selling

Law on registration of land ownership

involves going through the procedure through a notary office. In the presence of a lawyer, the parties agree to carry out the transaction (the consent is expressed in writing).

Afterwards, the buyer applies to the registration authority to secure ownership rights to the plot.

Documents for registration of land ownership:

An extract from the Unified State Register of Real Estate showing the cadastral plan.
A receipt confirming payment of all expenses (state fees).
Contract of sale.
Identification document of the applicant.

If the applicant cannot personally contact the registration authority, this right is possessed by a person who has a notarized power of attorney. The authorized subject must have with him a document proving his identity, confirmation of the right to manage personal affairs.

It is recommended to first check with representatives of the registration authority for the list of documentation. The circumstances of the transfer of land rights from one entity to another are different, and depending on them the list of certificates may change.

After receiving the package of documentation, the representative of the registration authority issues a receipt to the applicant. Information about the readiness of the certificate is transmitted over the telephone.

To register property, you can contact the registration authorities in person, submit an application to the microfinance organization, go to the State Services website, and submit the form electronically.

Obtaining permission removes restrictions on the right to dispose of real estate; if there is no permission, the owner’s rights are limited (the asset cannot be sold, leased, inherited, or given).

Attention! Mandatory after registering the right to a land plot, be sure to order an extract from the Unified State Register of Real Estate on the official website: in order to ensure that the data is correct.

How to apply for an amnesty?

The amnesty has been extended until March 1, 2021, according to Federal Law-93, lands for gardening and vegetable gardening can also be registered as property under a simplified scheme.

It is intended for citizens:

received a plot before 2001;
those who have entered into a partnership but do not have rights to land;
whose category is not indicated on the certificate;
who do not have title documents.

Reference! The amnesty gives the right to privatize land free of charge and receive registration documents according to a simplified scheme.

To register, you should:

make an application;
attach a land plan highlighting the exact boundaries;
attach an act with the consent of the neighbors regarding the location of the boundaries;
a document of any type that is a title document;
if a share is allocated, an agreement on the formation of common shared ownership;
a document establishing the status of an object;
receipt of state duty.

Transfer everything to local authorities, who will independently submit an application to Rosreestr to make an entry.

What lands cannot be registered as property?

The legislation provides for the division of land plots according to their purpose into the following categories:

lands of populated areas;
agricultural;
specially protected objects and territories;
areas of forest and water resources;
defense lands;
for industrial purposes.

At the same time, it is impossible to obtain ownership of special-purpose land plots withdrawn from circulation.

These areas include:

park areas;
cemeteries;
nature reserves;
lands with objects of strategic importance located on them (for example, areas under nuclear power plants and those on which objects of the armed forces of the Russian Federation are located).

Timing and cost

The authorized body must make a decision within 14 days. If it is positive, Rosreestr makes an entry within 10 days.
If you receive a negative decision and go to court, you should prepare for a long waiting period, up to a year.

The cost of making an entry by Rosreestr is 350 rubles. At the same time, there is a list of individuals exempt from paying state duty. Read more here.

Carrying out topographic survey of the site and its surveying

Controversial situations often arise when determining the boundaries of a plot of land . This problem is especially relevant for summer residents.

To resolve a controversial situation, land surveying is carried out. Most often, land surveying is used to determine the boundaries of new areas.

This procedure is a certain set of works, including establishing, securing, and, if necessary, restoring the boundaries of a land plot.

In addition, land surveying helps to legitimize the actually used area of the land plot. In this case, when carrying out this procedure, the actual area of the site is indicated, and not stated in the documents.

Such an increase in land is possible only in agreement with neighbors and within the limits established by local governments (in practice, an increase in area is allowed by no more than 10% , or up to six hundred square meters ).

Land surveying is also necessary in the case of dividing one plot into two or more and in the case of merging (purchasing) adjacent plots of land.

In many cases, the need for land surveying is due to a more serious problem. Often, old title documents for land do not indicate clear boundaries of the plot, but only its exact size.

In this situation, the owner cannot prove his rights to the occupied land. If a controversial situation arises, he can, perhaps, provide the judicial authorities with a topographical survey of the site along its borders.

Topographic survey is a set of activities aimed at measuring the earth's surface and drawing up a map of a site or area.

Topographic survey of the site is necessary for the following purposes:

development of a territory planning project;
purchase (lease, privatization) of a site;
gas pipeline laying.

The following objects are displayed on the land survey plan:

buildings (including structures, structures);
fencing;
roads;
communications;
vegetation.

If land surveying was not carried out on the land as part of the pre-sale preparation, then not a single transaction with it will be registered with government agencies.

In this case, a corresponding entry is made in the cadastral passport about the owner’s refusal to carry out land surveying .

Land surveying and topographic surveys are carried out by geodetic companies.

Difficulties

In the process of preparing documents for a summer cottage, the following nuances may arise:

To register the right to a dacha property, title documents are required, for example, a purchase and sale agreement; without them it is impossible to prove the transaction.
If the land was illegally enlarged before registration, its new area can be legalized within the framework of the dacha amnesty.
If the recipient is a beneficiary, he has the right to use the land free of charge, and after 6 years, register ownership.
If the applicant is interested in land that is not surveyed and without a plan, then all work will be performed at his expense, and only after that he will receive the right to use.
If problems arise with neighbors regarding boundaries, you can check the exact location of the site on official sources.
If the land is inherited, a certificate of ownership is required.

Privatization of land

Having decided to privatize a plot of land, be prepared for a complex, lengthy process. City residents submit documents to the city administration, district residents to the village council. The decision is made within 14 days from the moment the package is accepted.

If the decision is positive, subsequent actions depend on the situation - the plot is transferred for a fee or free of charge. Paid – purchase and sale agreement, free – by inheritance.

Regardless of the method of receiving the loan, the next step is to contact Rosreestr. At the time of contacting the registration authority, the subject must have the following documents on hand:

Identification.
Contract of sale.
Decision of the state administration.

Additionally, a receipt for payment of the tax fee, an extract from the cadastral plan, and an application requesting to register the land asset are attached. Along with the land, you can register the buildings standing on it; registration of ownership of land and house is simplified.

Important! If the structure standing on the site is the property of the village council, it is recommended not to privatize it, but to issue a buyout.

Registration procedure

To register a garden plot as your property, two methods are used:

Free privatization;
Allocation of a share from joint ownership in SNT.

If the plot is part of collective property, the right can be obtained by purchasing a share or share. The procedure is carried out in the following way:

First, you need to publish an announcement in the local media about the planned allocation of a share of land;
If the participants in common ownership do not submit an objection within 1 month, boundary work is carried out to determine the boundaries of the site;
The cadastral engineer will determine the boundaries and check that they do not overlap neighboring areas;
Based on the results of the work, a boundary plan and cadastral passport are drawn up;
Next, you should contact Rosreestr with documents to register the property and register the plot as a separate plot for cadastral registration.

If the SNT is small, it is not necessary to send an advertisement to the media. It is sufficient to send written notice to each participant.

Declaration for buildings

It is provided for all buildings, such as a garden house and outbuildings - a garage, a bathhouse and other capital objects. According to Art. 17 of the Town Planning Code of the Russian Federation, simplified registration is allowed only for those objects for the construction of which a permit is not required. These include a country or garden house, a separate bathhouse, a sauna, and a garage.

If a permanent residential building is being built, a declaration alone will not be enough. Additionally, a permit is required, which is issued before the start of construction work. The declaration is drawn up by the owner and includes descriptions of existing outbuildings. The document is drawn up in 2 copies separately for each object. You can use the declaration form.

What is a garden plot

This is a plot of land that is classified as an agricultural area and is intended for gardening. On such a site you can build a permanent residential building and register it if the property is registered.

Most garden plots are part of SNT - a garden non-profit partnership. Such plots belong to municipalities and are allocated to citizens on the following basis:

Long-term rental;
Perpetual inheritable ownership;
Indefinite use.