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

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.

Content

1. How to start the dacha privatization procedure?
2. What is the procedure for privatization?

3. The process of privatization of a country house

4. Is it possible to privatize a dacha or land plot if the documentation is lost?

The procedure for privatizing a plot and a house has many advantages - full ownership of the house, joining dacha communities, receiving compensation from the state for the seizure. Therefore, many citizens, without hesitation, are engaged in registering land plots as their property. In addition, the state has simplified the mechanism for transferring land and buildings. How to successfully privatize a dacha and, at the same time, a plot of land, we will consider in this article.

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 to do in case of refusal?

The refusal can only be challenged in court. You must submit a statement of claim along with documents confirming your case to the office of the district court. Be as responsible as possible when drawing up your claim; before going to court, do not forget to attach a receipt for payment of the state fee to the package of documents.

Procedure

If you receive a refusal, carefully read the reasons; the plots withdrawn from circulation cannot be privatized even through the court, so there is no point in appealing. If you consider the negative decision to be unfounded, you can safely proceed to litigation, but be prepared to provide the court with irrefutable evidence that you are right, otherwise your demands will be left unsatisfied by the court.

Recommended course of action:

• after receiving a written official refusal from the municipality or the Federal Property Management Agency, we collect a package of documents and draw up a statement of claim;
• we pay the state fee;
• we submit the papers to the office of the district court;
• We actively participate in court hearings;
• If the claims are satisfied, we take a copy of the writ of execution and, on its basis, conclude a privatization agreement or register property rights in Rosreestr.

It is not easy to win legal disputes with the authorities, so if you decide to defend your case to the end, be sure to enlist the support of an experienced, qualified lawyer.

Procedure

The participants in all disputes regarding the refusal of privatization are two parties: the plaintiff (individual or legal entity) and the defendant (municipal body or branch of the Federal Property Management Agency). Hearings are carried out in several stages. The plaintiff has the right to express written requests to obtain missing information on the case, for example, extracts from archives that were not previously issued at the request of the summer resident.

If the court, having heard the positions of the parties, satisfied the plaintiff’s demands, the gardener has the opportunity to continue privatization on the basis of a copy of the writ of execution, which can be obtained 30 days after the verdict is issued in the court office.

Statement of claim

This application to recognize the refusal to privatize as illegal is drawn up in accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation.

Expenses, cost

The mandatory cost column when appealing a government decision through the court is 300 rubles (state fee). Additional funds may be required to pay for the work of a qualified lawyer who will represent your interests in court. You should not skimp on this point, especially since if you win, all legal costs will be transferred to the defendant if you indicate this in advance in the claim (clause 1 of Article 98 of the Code of Civil Procedure of the Russian Federation).

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.

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.

Housing Privatization Law

The law on housing privatization initially meant that it would expire in December 2013.

However, due to certain circumstances, the deadlines have already been extended several times. It is impossible to answer exactly until what year privatization has been extended at the moment.

The Law “On Dacha Amnesty” provides for free registration of land plots until March 1, 2021. But many representatives of the State Duma of the Russian Federation have already repeatedly mentioned proposals to extend the period of free registration of property rights based on statistics, which claim that about 20% of land plots given for use with the right to build and conduct personal farming are still owned by local self-government.

Necessary documents for privatization

What documents are needed for privatization - this is the main question for everyone who wants to register their land as property. There is a list of all necessary documents, which is presented in the order of the Ministry of Economic Development dated September 13, 2011 No. 475.

There is a list of general documentation required for land privatization, as well as an additional list of certificates and extracts intended for a specific case.

The general list of documents includes:

1. Copies of documents for identification of the citizen applying for privatization of the plot. If an individual applies, a copy of the passport is sufficient; in the case of a legal entity, all constituent documents and the charter of the organization must be submitted. Often a representative is involved in the privatization of land plots. In this case, the representative must have a power of attorney from the user of the land plot, previously certified by a notary.
2. To privatize land plots with buildings, it is necessary to provide an extract from the Unified State Register of Rights to the erected structures. Sometimes employees of the specified government agency do not issue the corresponding extract. This is due to the absence of a mark on registration of the building with a government agency. In this case, employees are limited to a certificate stating that there are no buildings located on the earthen site. When submitting an application for privatization, you must submit all available documents for construction confirming the applicant’s ownership rights. Often, such cases occur after the sale or donation of a residential private house located on a non-privatized earthen site.
3. You should also take an extract from the Unified State Register of Rights to the land plot, if any. For example, an agreement on the perpetual right of use, the signing of a lease agreement and other aspects were previously drawn up.

4. Cadastral passport or extract for the privatized plot. It is used both during the re-registration of a site and for registering ownership rights to an object owned by local government. The cadastral passport contains all the data on the size and boundaries of the earthen object. If such data is not registered in the cadastral register, the user must carry out land surveying of the object at his own expense - fixing the boundaries and dimensions. Before surveying, it is recommended to agree on boundaries with your neighbors, since their signature will be required during the survey process. Land surveying is carried out by any third party organization that has a license to carry out the type of work presented. You can also contact the cadastral registry staff, where they will accept your application and, after paying for the service, set a day for the measurements.
5. If there are any buildings and structures on the land plot, it is necessary to submit cadastral data for each of them (passport or extract). The assigned cadastral numbers of objects, address landmarks, dimensions and other data will appear here.

This is only a general list of documents required in any situation for the privatization of a land property . You should always check with your local government for a list of documentation. It is better to consult a lawyer.

After collecting all the documents, the applicant must contact the territorial office of the Federal Registration Service, where he submits an application in the approved form.

Within two weeks, employees of the state institution will make a decision on the possibility of privatizing the site. To a greater extent, the decision is influenced by the location of the object and the fact that it does not belong to territories prohibited for transfer of ownership.

Video about land privatization:

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.

What to do if there are no documents for a summer cottage or house?

If you do not have all the necessary documents for your dacha plot, you need to find, restore or formalize them before starting the privatization procedure. Most often, problems arise with the technical passport and cadastral plan. The land lease agreement, if it does not exist, can be restored in those authorities to which the given site belongs. It is also often necessary to separately order a certificate from the Unified State Register of Real Estate.

As was said, the main problem that arises during privatization is the collection of documents. It is not always clear where to go and from whom to demand the necessary papers. Experienced lawyers will help you deal with this issue. At a free consultation, you can learn more about the procedure itself, and if you need help, the same lawyers will deal with the issue. By representing the interests of the client, they are able to significantly speed up the procedure and make it less stressful for the client.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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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.

Duration and cost of the procedure

The dacha privatization procedure does not require capital investments, but the owners must pay a state fee for registration and review of documents. Its amount does not exceed 200 rubles when preparing documents for a summer cottage plot, for garden plots - 100 rubles.

The deadline for free registration of ownership of all types of real estate for citizens of the Russian Federation has been extended until March 1, 2021. The period for free privatization of land under structures has been extended until December 31, 2020.

The procedure for privatization is simplified as much as possible for owners in the Federal Law on privatization. The new legislative act was called the “dacha amnesty.” It was introduced to facilitate and speed up the process. The state, in turn, will receive additional revenues to the budget from paying real estate taxes.

Duration of the procedure for reviewing documents for registration:

• privatization in the Department of Land and Property Relations at the municipality - 2 weeks;
• production of a cadastral passport – 1 month;
• registration with Rosreestr – 10 days.

The deadlines may change upward if the applicant made errors in the preparation of documents or specialists have other questions that will require time to resolve.

In general, privatization of real estate on a summer cottage can last 6-8 months. The duration of the procedure depends on the correct execution of the sequence of actions by the owner, compliance with the rules for collecting documents according to the list, and the correctness of the application.

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.