What documents are needed and what is the procedure for privatizing a plot in a gardening partnership?

Using land and owning it are different concepts. According to the law, private property is inviolable, and the user can at any time be asked to return the plot for state or municipal needs. To prevent this from happening, acres under a private house or in a garden cooperative need to be privatized.

How to do it right? In what cases is free privatization of a land plot possible? What documents to collect and where to apply? Yulia Lotova answered these questions to the FAN .

photo from the personal archive of Yulia Lotova /

Why is it necessary to privatize the site?

Until the moment of privatization, all garden plots belong to the municipalities of the districts on whose territory they are located. Citizens use them on a rental basis. After the privatization procedure, the tenant acquires ownership rights to the land.

If this procedure is not carried out in time, the owner may encounter the following problems:

1. The lease agreement may be terminated, and the owner of the land will be left without it.
2. The area of ​​your property may decrease in favor of more efficient neighbors.
3. Deciding to take ownership after the lease has expired can add to the challenges.

Therefore, timely privatization is necessary to avoid losses and problems.

✅ Reasons for refusals

Can privatization of a land plot in SNT be refused? Of course, such cases occur, and they are by no means uncommon.

Let's start by considering indirect reasons for refusal of privatization :

1. The partnership did not provide the SNT master plan.
2. The land plot has already been privatized by one of the members of the gardening partnership.
3. The territory or part of it is located on an adjacent plot, which was previously privatized by another owner.
4. Land belongs to shared ownership and cannot be re-registered for one person.
5. The plot was transferred to another land user.

These reasons are less common than the main ones, and nevertheless, they can become grounds for refusal of privatization. If the refusal is not justified or there are doubts about its legality, the applicant can file a lawsuit.

Main reasons for refusal:

1. The site has been withdrawn from circulation and cannot be subject to privatization by citizens.
2. The land is used for state and municipal needs (site for laying electricity lines, drainage, heating networks).
3. The state imposes a ban on land privatization.

It is almost impossible to appeal the above reasons. The only solution to the current situation is to conclude a lease agreement for another plot of land within the SNT. Then you can re-register it as your property. Of course, not forgetting about the deadlines for free privatization - for garden plots in SNT the deadline is March 1, 2022.

Thus, the privatization of land in SNT using a membership book can be collective or individual. Those who received land before 2001 can count on a simplified procedure under the “dacha amnesty”. For all others, an administrative procedure is provided. The period for re-registration of land is from 10 days for a simplified procedure to 3-4 months for the main procedure. The cost is calculated based on the state duty, costs of certificates and cadastral work.

If you have any questions and need the help of a lawyer, please contact us via chat, using the feedback form or by phone.
Will lawyers tell you how to privatize land in SNT, what to collect and where to go? Competent support will save you from problems when registering a site. Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

1. via the form (below), or via online chat
2. Call the hotline:
   8(800)302-39-65
   — All residents of the Russian Federation
3. +7(495)128-69-80
   — Moscow and the Region
4. +7(812)509-13-65
   — St. Petersburg and region

- FREE for a lawyer!

By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.

Anonymously

Information about you will not be disclosed

Fast

Fill out the form and a lawyer will contact you within 5 minutes

Tell your friends

Rate ( 1 ratings, average: 5.00 out of 5)

Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

Author's rating

Articles written

614

Procedure

The timing of free privatization is not yet limited, and more and more people are thinking about this issue. How to properly register land located in a horticultural enterprise?

Landowners of gardening partnerships have one document in their hands - a gardener's book. It secures the owner's membership in the cooperative or partnership. However, the book cannot become a proof of ownership. To legally secure land, you need to do the following:

1. Submit a corresponding application to the administration.
2. If the administration gives a positive answer, register property rights in Rosreestr to issue a Certificate.

How to privatize a plot of land in SNT? Watch the video.

What is it for?

Having become land owners, gardeners do not have to worry about the safety of their plots. The authorities do not have the right to gratuitously confiscate private property. Therefore, if the site is required for state or municipal needs, the citizen will be paid mandatory monetary compensation.

This is not the only advantage of privatization; after the re-registration is completed, you will be able to:

• sell;
• give;
• exchange;
• to rent;
• include in the will;
• lay down

Once the boundaries of the site are officially recorded in cadastral documentation, disputes over the distribution of land between neighbors will automatically disappear.

After privatization, you will be responsible for paying an annual property tax, the amount of which is 0.3 percent of the cadastral value of the land.

Example. The Garchev family, on the basis of a contract of perpetual use, for many years grew agricultural crops on the garden plot, without having any documents for the land. The users of the neighboring plot decided to privatize their plot, occupied under the same conditions. The question arose about land surveying. Unbeknownst to the Garchevs, a small but very fertile plot of land was alienated from them. The family found out about this when they saw the beautiful fence put up by the neighbors immediately after the land survey was completed. The Garchevs expressed dissatisfaction with the “violators,” but never recaptured the land. After all, from a legal point of view, everything was done correctly - the Garchev family did not have cadastral documents for the land in their hands, they could not confirm the right to the plot alienated in favor of their neighbors, which means that even through the court it would not have been possible to restore justice.

This example clearly shows the advantage of privatization. After all, if the Garvchevs had started the re-registration first, the truth would have been on their side and the court would have forced the violators to remove the illegally erected fence.

What documents are needed to privatize a garden plot?

Along with the application, you need to provide the following documents to government agencies for the privatization of the garden plot:

1. Passport.
2. Gardening documents certified by a notary.
3. Description of the site location. It should include information about boundaries and area.
4. Decision of the board of the organization on whose territory the site is located. It confirms the description of the territorial position of the land.

At the request of the administration, other documents may also be needed to privatize a garden plot:

1. Land allocation act.
2. Certificate of ownership.
3. An extract from Rosreestr confirming the non-profit type of partnership.
4. Cadastral passport of the territory on which the site is located.

The package of documents provided by government agencies is reviewed within 14 days. If the authorities do not find any obstacles in registering ownership of the citizen.

The resulting decision is submitted to Rosreestr. In addition to this document, to register property you will need:

1. Application for the registration procedure.
2. Bank receipt for state duty.
3. Land cadastral passport.

Price

Registering a plot of land for the first time is free of charge. Re-privatization is considered a buyout. The price of land in this case is determined by the cadastral value of the site.

Costs for carrying out the land procedure:

• state duty in the amount of 350 rubles;
• a certificate from the Unified State Register will cost 200 rubles;
• a lawyer's work will cost at least 200 rubles.

When privatizing a plot in SNT, you need to present cadastral documentation. But if for some reason they cannot be found, or they are completely absent, then the boundaries of the territory will have to be re-established.

Important! The procedure costs money, and it is carried out by cadastral engineers. Its price is 10,000 rubles. and more, taking into account the regional location.

Possible problems and obstacles

Most garden plots were obtained by gardeners at a time when few people thought about the correctness of their design. Consequently, summer residents may encounter problems:

1. Inconsistency with the dimensions according to the cadastral passport or garden book.
2. Violation of the boundaries of the allocated territory.
3. Tax problems or administrative fines of a gardening partnership.
4. Presence of unregistered buildings on the site .
5. Reluctance of other members of the partnership to register ownership.
6. Violations of sanitary and fire safety standards by the partnership.

A common problem is also the lack of a cadastral passport. Without this document, it is impossible to complete a transaction. This means it needs to be formalized.

If there are buildings on the ground

Gardeners have erected buildings on many lands. According to the Land Code, such lands can be privatized or leased.

You should start by contacting government agencies with a statement. Attach documents for buildings and a cadastral passport to it.

Municipal authorities consider the application within 30 days. Once you have received permission, you can begin the registration procedure.

It should be noted that often buildings on leased territories are not officially registered. In these cases, start with their design. This can be done using a simplified scheme.

What is required to register property rights?

To privatize a land plot, you need membership in a dacha cooperative , with an allocated share in the joint title right, officially registered in the board of a non-profit society (NPO). These can be both designated dacha settlements SNT and their varieties such as DNT and DNP. There are no significant differences between them in the principles of land privatization, and the procedure fits into a standard algorithm.

If the plots are leased by a cooperative that has decided to begin privatization, the process is made easier for plot owners by the fact that the main issues will have to be resolved by the SNT board. The founder will need to obtain a decision from the general meeting, which acts as a legal authority. The procedure for privatizing a leased land plot is described in detail right here.

When the dacha cooperative has registered ownership of most of the lands, and some dacha owners have delayed the procedure, they will have to complete the documentation themselves. They will also need to obtain permission for privatization from a majority vote of the cooperative members present at the general meeting.

If you only have a gardener's book on hand

This document only confirms that you are members of the partnerships. Privatization in this case is more difficult. The scheme consists of the following stages:

1. Registration of land privatization. To do this, an application is submitted to the administration along with a description of the location of the land in free form. Describe the location of the site in detail, this will also confirm that it is located on the territory of the gardening partnership.
2. After a decision is made to authorize the procedure, contact Rosreestr and provide the resolution of the authorities.

The procedure will require land surveying. It is recommended to do this before contacting the administration. Land surveying is carried out by cadastral engineers for an appropriate fee.

Two design options

Free

It is carried out in cases where a member of the partnership has received land on the right of lifelong or permanent use. In this case, permission is not required. The owner contacts the administration with an application and a package of documents:

1. Identity document.
2. Constituent documents of the partnership.
3. Document for the site.
4. Cadastral map of horticulture.
5. Board decision on membership in SNT.

Based on the submitted documents, the administration issues a resolution on the possibility of carrying out the procedure and the applicant applies to Rosreestr to register rights and obtain a Certificate.

A member of the partnership who is classified as low-income or who received it before October 29, 2001 can register property free of charge. These conditions also apply to those. who has a residential building on their territory in personal or shared ownership.

Veterans and disabled people of war, large families, and disabled people of groups 1-2 have the right to free provision.

But keep in mind that the procedure for registering property and registering property are not exactly the same thing. You won’t have to pay for the land, but registering the procedure will still require depositing funds. The cost of state duty is 200 rubles.

In addition, if you order land surveying from engineers, then drawing up a land survey plan will cost you around 10 thousand rubles, it all depends on the number of horticultural members who have applied for registration and on the prices of the company you are contacting.

Whether or not to draw up a land survey depends on the document confirming the right. There are no general recommendations on this matter, so the decision is made in each case depending on the conditions and type of the existing document. In each individual case, we advise you to contact a lawyer.

Paid

If there are no grounds for free privatization, a purchase is made at a price not exceeding the cadastral value.

The price in this case is determined by territorial zoning. You can find out the specific cost from the government authorities of the region in whose territory the land you are applying for is located. Consequently, it is impossible to name a single, or even some average, price for each plot.

State duty

If the land was issued before 2001, then a person can qualify for a free procedure.

The important points are:

• use of the site for subsidiary farming or individual housing construction for 5 years or more;
• official recognition of a large family;
• location of the site in the Far East.

Attention! Paid registration occurs upon receipt of a plot after 2001. The cost depends on the price of the plot according to cadastral documents.

The state duty is paid, regardless of the basis on which privatization occurs. It is needed to pay for government services.

Registration of a plot of land will cost 2,000 rubles. If the plot is allocated for personal farming, individual housing construction, gardening or vegetable gardening, 350 rubles are paid. It is worth paying an additional 200 rubles. for an extract from the Unified State Register of Real Estate. The price for determining boundaries is set taking into account the location.

How to make an application?

An application requesting permission for free registration of property of the site is drawn up in the name of the head of the administrative authorities. It should contain the following information:

1. Full name of the applicant.
2. Passport details and TIN.
3. Dimensions and plot number.
4. Purpose of permitted use.
5. Attached is the previously described package of documents.

Sample application for privatization of a land plot.

When buying out (paid privatization), the points of the application are the same. In it you indicate your intention to purchase the plot. It should also be accompanied by:

1. A certificate from the land committee about the cost according to the standards.
2. A certificate from the tax office regarding the amount of tax.
3. A certificate from the BTI about the cadastral value.
4. Technical passport for existing buildings.

Legal services of a Land Lawyer!

Land Lawyer (Lawyer) FREE ONLINE!

You can, without leaving your computer:

• Using one of the messengers;
• Fill out the call back form available at the end of the text you are reading;
• Fill out the written question form by following this link >>>

Address and Telephone of the Land Lawyer (Lawyer)

The Legal Office is located directly next to the Izmailovo (MCC) or Partizanskaya metro stations, across the street from the exit. Excellent transport accessibility will save your time and money on travel by public transport.

We are also easy to reach by car, since the office is located along the North-East Expressway, a new highway that connects three districts of the capital: north, east and south-east.

Office hours of a Lawyer (Advocate) on Land issues