How to convert a dacha into a residential building in the Russian Federation: practical advice

Prices for lawyer services in land disputes

How to re-register a land plot to another person is regulated in codified acts of the Russian Federation. The procedure for registering a land plot includes registration of ownership rights to real estate. If the owner has decided to re-register the land to another person , then he will have to go through several procedures depending on the nature of the transaction (purchase and sale or donation).

People often ask questions about how to re-register a plot of land to a relative and how much does it cost? There is nothing complicated about it. However, there are nuances associated with land surveying and the cadastral value of the land plot. These indicators affect the final amount of re-registration.

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What rules of law apply to converting a summer house into a residential building?

If a citizen uses a dacha for permanent residence, then this must be documented

Russians and authorized bodies must be guided by:

1. Constitution of the Russian Federation.
2. Civil Code of the Russian Federation.
3. ZK RF.
4. Town Planning Code of the Russian Federation.
5. Federal Law No. 93.
6. Sanitary rules.
7. Technical regulations.
8. Hygienic requirements.
9. Fire regulations.
10. Environmental rules.

In some cases it is necessary to use other rules of law. Each case is individual. It is also recommended to familiarize yourself with the regulations of Rosreestr and housing inspections. In specific situations, it will be useful to study judicial precedents.

In Russia, every adult citizen who owns land with buildings has every right to apply to various authorities to protect their rights. It happens that after writing a complaint to the authorized body, a Russian receives consent to re-register due to the illegality of someone’s actions or inactions.

A court decision made not in favor of the dacha owner can be appealed to the appellate and cassation instances (federal legislation on the court, the judicial system, and courts of general jurisdiction applies).

What are the ways to re-register a dacha?

There are several ways to re-register a dacha to another owner:

1. Draw up a purchase and sale agreement . This will be one of the most expensive options.
2. Draw up a gift agreement . This method is best chosen if the future owner of the dacha is your close relative (parents, grandparents, brothers and sisters). The costs here will be minimal.
3. Pass on by inheritance . This is also an expensive re-registration option. The most important thing is to enter into inheritance on time.

It is worth remembering that if the owner has a document on the right of ownership of this real estate property, it will significantly facilitate the registration of the dacha as the property of another person, and therefore will be less expensive.

Prohibitions and restrictions

Russian legislation establishes some prohibitions and restrictions:

1. The land plot must be located within the boundaries of a populated area.
2. The land plot must be located in an ecologically clean and favorable area.
3. All vital communications must be connected to the structure.
4. The building should not be more than 3 floors.
5. The purpose of the land must be suitable for residential construction.
6. The provisions of the Federal Amnesty Law cannot be applied in a specific situation (in such a situation, registration is impossible).

How much does it cost to transfer a garden plot to another person, a relative?

The official procedure for re-registration of a land plot is the right of each owner and can be carried out at the discretion of the owner, in accordance with legislative norms and without violating the right to alienate land. The owner may exercise the right to transfer land in favor of his relative or second person at his own discretion. But, the payment of most of the costs associated with re-registration, the conclusion of a purchase and sale transaction or a gift document, the nuances of the official registration of all related documentation fall on the owner of the land plot.

The total cost calculation includes categories that are subject to mandatory payment:

1. Carrying out cadastral works. The cost depends on the size of the plot, the provision of boundary surveying services and the nature of the work being carried out. Approximately can be from 4 thousand rubles. The seller carries out the procedure for registering a cadastral passport; otherwise, the request for sale or gift agreement will not be considered with further re-registration by higher authorities.
2. Obtaining a technical passport, which includes accurate data - site plan and passports. The cost varies depending on the applicant - 200 rubles for individuals and 600 rubles for legal entities. Based on the results of cadastral activities, the owner of the land plot receives a cadastral passport and a detailed site plan. During registration you will have to pay a state fee. The cadastral passport is a guarantee of the legality of the transaction.
3. Re-registration of a plot costs two hundred rubles. If you have all the documents for the land, the cost of the procedure includes only the state fee for registering the rights of the new owner and payment for the services of a notary office.
4. Notarial support is legally established and amounts to 1% of the cost of the transaction between the parties to re-registration. The cost of re-registration includes payment for notary services, which amount to at least 1% of the cadastral value of the land plot. The final calculation is carried out by the local administration. The starting fact for the calculation is the cost of 1 sq. m. meters of re-registered land.
5. The tax on income from the sale of land is 5% of the final price calculation in the process of registering a transaction for a land plot. Another expense item is the payment of a five percent tax on the cadastral value of the site. Despite the fact that the law obliges both parties to the transaction to pay tax, most often the buyer bears the obligation.

The cost of the procedure depends on many factors, and the exact amount can only be determined on an individual basis. The final cost of the re-registration procedure is directly related to the size of the plot, cadastral documents and the cost of notary services, the type of transaction between the parties to the re-registration, the availability of all permitting documents and official data on the size of plots and land surveying of private territories.

Required documents

You will need (the list is approximate, additional certificates or extracts from authorized services may be required):

1. Application in the prescribed form (issued by an employee of the MFC or Rosreestr).
2. Title documents for land (certificates, extracts from the Unified State Register of Real Estate, cadastral and technical passports).
3. Copies of the applicant's passport.
4. Report from the Housing Commission.
5. Schemes, plans for the construction of a structure.
6. Certificates, extracts from fire and environmental services (others if necessary).
7. Certificates, extracts from the BTI.
8. Approval from the local government authority.
9. Approval from an expert (engineering) organization.

In some cases, other papers will be required, as provided for in individual legal regulations.

Step-by-step instructions: how to re-register a plot of land FOR ANOTHER PERSON?

It is permissible to re-register a plot of land as the property of another person only if the ownership right has been previously registered. In other cases, it is allowed to re-register the plot under the house when property rights to real estate are transferred.

Direct re-registration is not allowed here , regardless of the presence and degree of relationship between the persons transferring rights. Transfer of property is possible only by formalizing a property transaction.

Grounds and conditions

The basis and condition here are not only title documents , but also title documents, which include a certificate of ownership. In addition to the above, it is required to draw up a civil agreement on the conduct of a property transaction. It can be:

• donation;
• purchase and sale (the procedure for re-registration of a land plot upon purchase is no different from the standard one).

Having chosen the type of property relations, you should draw up an agreement that states the transfer of the plot to the new owner (how to find out the owner by the cadastral number?).

The re-registration procedure in this case is carried out not in the administration, but in Rosreestr.

The parties to the agreement visit the multifunctional center (MFC), where property rights are registered on the basis of Federal Law No. 122-FZ, which entered into force on July 27, 1997.

Documentation

The documents submitted to the registration authority are as follows:

1. passports of the parties;
2. for representatives – a notarized power of attorney;
3. property transaction agreement in three copies;
4. certificate of ownership;
5. title document for the land plot;
6. cadastral passport of the plot;
7. receipt of payment of duty.

A complete, up-to-date list of documents that are title deeds and certifying documents for land.

The state duty in this case is 2 thousand rubles, since these registration actions are of a property nature.

The re-registration period is 21 working days, after which the new owner receives:

1. certified property transaction agreement;
2. certificate of ownership;
3. new cadastral passport.

If you are interested in REGISTRATION of a plot of land, read this material. We'll tell you about the whole procedure, pitfalls, fees, costs, registration. The legal procedure is written here.

Making appropriate changes to the State Register

After preparing the documentation, the stage of registration in the state register begins. All information and the correctness of paperwork must be checked by employees of the government agency.

Various corrections (errors, inaccuracies) made to the document are also subject to registration. The Russian (the owner of the property) is given a special extract and the Unified State Register of Real Estate.

If the changes are not subject to legal registration, the citizen will be given a refusal. This refusal does not prevent a repeated application to Rosreestr.

In case of violations, a Russian can appeal the decision by providing significant evidence.

Tips from the experts

Experts advise:

1. The land plot must be registered in accordance with all the rules, as well as the buildings on it. Here it is worth focusing on the Land Code of the Russian Federation, the Urban Planning Code of the Russian Federation, sanitary rules and regulations, fire safety requirements, as well as environmental rules. Otherwise, the authorized bodies have the right to issue an order to demolish the structures.
2. It is best to collect and submit papers to government agencies yourself or through a trusted intermediary. Otherwise, time and money will be lost.
3. The dacha must meet all the criteria specified in the law.
4. If it is impossible to register a building as a residential building, registration in it is prohibited.

Employees of authorized bodies must comply with the law. Otherwise, the citizen has every right to file a complaint with a superior or judicial authority.

Based on numerous reviews from Internet users, it is clear that translation sometimes makes no sense. According to the law, it is possible to register at the place of residence in the country. A residential building must have mandatory criteria prescribed by law.

What has changed in the laws regarding residential and garden houses:

See also Phone numbers for consultation Oct 11, 2021 Victoria M. 1190

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Approximate prices for registration of dacha ownership

The table shows the main expenses, but there may be more. It all depends on whether all the title and title documents are in order, which way of registration for the dacha is more acceptable for the parties.

By the way, at the MFC you can solve many issues related to re-registration of a remote control at a cheaper price. The specialists at these centers are quite competent in these matters, but it may take a little longer.