Every owner of any property wants the object to officially belong to him. This requires proper registration of ownership. Privatization of a country house on privatized land is considered a simple process. It can be implemented in a simplified way, for which a dacha amnesty is used. To do this, you do not have to prepare a lot of documents, and the procedure is free and quick. Only after information about the dacha building is entered into the Unified State Register of Real Estate will the owner of this property be able to dispose of the property at his own discretion.
Privatization concept
The privatization of a country house on privatized land is represented by a procedure that ensures the transfer of the object into the ownership of a citizen. Most often this term is used when decorating apartments, houses or small buildings.
Since a citizen is the owner of the land, they usually talk about registering a dacha, and not about its privatization. Registration of an object allows not only to enter into various transactions with it, but also to use this property as collateral. After the process, an obligation arises to pay property tax for this object.
Where to contact
Permission to privatize a dacha plot can be obtained by an individual in two instances:
- In the municipal land resources committee;
- In the territorial branch of the Federal Property Management Agency.
The land committee must be contacted if the land of the dacha cooperative is owned by municipal authorities (most cases). If the dacha plot is provided by federal or regional authorities, then you should contact the local branch of the Federal Property Management Agency.
To find out who owns the land for the dacha cooperative, you need to request information from the Unified State Register or from the board.
The address of the land resources committee can be found on the city administration website, and the addresses and telephone numbers of regional branches of the Federal Property Management Agency can be found here.
Why is the process being performed?
Privatization of a country house on privatized land in a gardening or other partnership is considered a simple process. Most often it is performed to achieve the following goals:
- transfer of property as a gift or by inheritance;
- sale of a summer house with a plot;
- legal registration of your own right to this object;
- use of the erected structure as a place for registration of citizens;
- joining various cooperatives.
By providing the possibility of applying the dacha amnesty, the privatization of a dacha house on privatized land is a truly quick and simple operation.
Changes
According to changes to the legislation (March 2015), the land privatization procedure began to be carried out in a simplified form. This is convenient for government agencies and future owners. The procedure is being carried out in accordance with the “dacha amnesty”.
Nowadays there is no requirement to carry out land surveying, although previously this was mandatory. Therefore, if the property has not yet been registered, it is necessary to register it according to law.
Is it possible to perform the procedure using a simplified scheme?
According to the law, every person who is a citizen of the Russian Federation can use dacha plots and all facilities built on this territory. If necessary, the property owner can carry out privatization.
There are no restrictions on privatization, but various situations may arise in which the applicant is refused registration of an object. Usually it is caused by disputes with neighbors, lack of necessary documents for the land or object, as well as other significant reasons. If you cannot resolve the problems yourself, then privatization is possible through the courts.
Failure and solutions
Privatization may be refused in cases where the site:
- reserved for state or municipal needs;
- withdrawn from circulation;
- prohibited from privatization by federal law;
- located on the shore of a reservoir, pond or public shoreline;
- refers to a public area (highway, street, square, etc.).
The authorized body issues a refusal to privatize a land plot in writing.
They can refuse only with reference to the provisions of federal legislation. Local regulations are not the basis.
If the reasons for the refusal can be eliminated, the applicant can re-submit documents for privatization. In other cases, if a citizen disagrees with a decision, he has the right to challenge it in court.
Legislative regulation
The privatization of a country house on privatized land in Irkutsk is carried out in the same way as the registration of this building in another region of the country. This is due to the fact that the provisions of federal regulations are applied to the procedure. Basic information about the rules for the privatization of buildings is prescribed in the following acts:
- various articles of the Land Code;
- provisions of the Civil Code;
- Federal Law No. 93, containing information about the nuances of using the dacha amnesty;
- Federal Law No. 218 includes data on the rules for registering various real estate properties, which include summer cottages;
- Federal Law No. 191 indicates that the possibility of using a simplified registration method is provided until 2021;
- Federal Law No. 210 contains data on how you can transfer documentation for registration of a building to different authorities.
Local authorities of each region may additionally issue other regulations, on the basis of which adjustments are made to the rules for registering any small object located on a privatized territory. They cannot contradict federal laws. If such contradictions are identified, then privatization is possible through the courts.
Appeal
Where are dachas privatized? This is done by the district administration. A message is sent to the self-government body if there is no information from the cadastral passport. In such a request, you need to prepare a plan with the necessary information.
During registration you will have to deal with:
- Federal Registration Service.
- Inventory Bureau.
- Tax Inspectorate.
- Land Committee.
- Geodetic service.
How much does it cost to privatize a dacha? Typically, the procedure costs about 8 thousand rubles, including the payment of state fees and documentation.
Process Benefits
There are pros and cons of privatizing a country house on privatized land. You should learn about these characteristics before directly registering the object. The main advantages of privatizing a country house on privatized land are as follows:
- it becomes possible to easily dispose of this property at your own discretion, for example, a dacha can be sold, leased to other persons or given as a gift;
- after the death of a citizen, this property is inherited by his successors;
- It is allowed to use the dacha to transfer it to a bank or other organization as collateral.
But before starting the process, you should make sure that the existing advantages are more significant than the disadvantages.
Rental
Making a deal is similar to renting out apartments. The difference is that there may be additional conditions for service and maintenance. First, it is advisable to insure your property against various factors. This will protect you from various troubles.
It is necessary to conclude a formal lease agreement, indicating the responsibilities of the parties, cost, rental period and other conditions. It is necessary to complete an inventory of the property and attach it to the contract. It records the current condition of the property.
Before renting out, it is necessary to carry out repairs and eliminate faults. Improvements will increase tenant interest. To search for tenants, you can use the Internet, print media, and real estate agencies. It is necessary to take at least partial payment in advance.
Disadvantages of privatizing a country house on privatized land
The main negative consequences of this process include:
- the simplified registration method is provided only until 2020, so after this year you will have to use the standard privatization method;
- there is no information on what conditions the privatization process will be carried out after 2021;
- After registering the dacha, the owner will have to annually pay property tax for this object, the amount of which depends on the cadastral value of the property.
Since the procedure does have some disadvantages, it is advisable to evaluate the feasibility of registering a dacha before starting registration.
Stages
How to privatize a dacha? For the procedure to be free, you need to join a dacha cooperative. Usually, to do this, you should buy a plot for building a summer house. Then you need to take possession and control of the property. The owner automatically becomes a member of the cooperative. This is confirmed by the membership book.
After this, it is necessary to draw up the boundaries of the land plot. This document is certified by the head of the community board. It contains:
- boundaries;
- object description;
- cadastral numbers of adjacent plots.
How to privatize a dacha in order to complete everything? It is important to make a statement. To do this, you should contact the Department of Land and Property Relations. They will provide you with an application form to fill out.
How is the process performed?
Privatization of a country house on privatized land is considered a simple process due to the use of a simplified scheme. To do this, the following actions are implemented:
- Initially, an application and other documents necessary for registering real estate are prepared;
- the documentation is transferred to Rosreestr, for which you can personally visit this institution, use the help of MFC employees, or even upload documents electronically on the State Services portal;
- then you need to wait for a decision on the application;
- if this decision is positive, then an agreement on the privatization of the existing building on the land is signed;
- then an application is submitted again to Rosreestr to register ownership of the object.
Since the dacha amnesty is used, the process is carried out quickly.
Duration of the procedure
The time frame for privatizing a country house on privatized land through the use of a country amnesty is considered short. Since the land is already correctly registered in the name of a citizen, once all the necessary documentation is submitted to Rosreestr, you can expect that a decision will be made within two weeks.
The process can take up to two months or longer if the applicant does not have any important documents.
Recommendations
Most documents have a limited validity period, and not everyone has time to collect the necessary papers in a short period. Because of this, you can waste time, and then you will have to perform the procedure again. It is important to plan a schedule so that you can get everything done.
The privatization period is from 2 to 12 months. If you don’t have time to complete everything, you’ll have to do it all over again. To successfully complete privatization, you can contact professional lawyers who will advise and perform an examination and collect the necessary documents. Then you won’t have to visit various authorities on your own or stand in queues.
The dacha will not be owned if it is only re-registered by the chairman of the company. If the funds have been paid, but the property has not been registered in Rosreestr, then you should find the former owner by asking him for a power of attorney for registration. By following simple rules, you can quickly and competently register your property.
What documents are being prepared?
Privatization of a country house on privatized land is carried out only on the condition that the owner of the territory can collect the necessary documentation for these purposes. The following documents will be required:
- applicant's passport;
- if the owner of the territory uses the help of a representative, then it is required to draw up a notarized power of attorney;
- technical passport for land and building;
- an extract from the Unified State Register confirming that the land plot belongs to the applicant;
- a house plan with a floor plan attached;
- if the site is located in a cooperative, then a membership book is additionally required confirming the payment of all required contributions.
Other papers may be required if necessary. If you initially collect all the necessary documentation, then no problems will arise with the privatization of the constructed country house.
Is it possible to privatize a dacha or land plot if the documentation is lost?
Don’t be upset if you don’t have documents for your house or land. Privatization in this case is possible, but will take much longer. Before proceeding with the privatization of land, you need to contact the court with the following documents:
- Filed claim.
- Citizen's passport and photocopy.
- Information from the archive.
- Application for fixing the boundary within the perimeter of the site.
- Evidence that you are using the allotment for its intended purpose.
- Certificate of membership in the gardening community.
- A receipt confirming payment of the state fee.
- Description of the border of the dacha plot (signed by the chairman).
As a result of court hearings, you receive a judge's ruling recognizing the right to the land plot. You submit this resolution to the administrative governing body and repeat the algorithm that was described above.
In order to successfully go through all the steps and privatize a country house, we recommend consulting with lawyers. This way you will avoid difficulties, loss of time and effort. Free legal assistance by phone 24 hours allows you to quickly resolve the issue of privatization of a plot.
What to do if there are no papers for a plot of land?
If for various reasons there is no documentation for the land, then initially you will have to privatize the site, and then register the building. If the land is privatized, but the documents are lost for various reasons, then it is necessary to restore them in the BTI or other government organizations.
Without competent privatization of land, it will not be possible to register an object. Often, citizens immediately submit documents for registration of both the site and the buildings built on it.
Where should I start?
You need to start by collecting the necessary papers. To do this you will need:
- A valid Russian passport of the owner of the dacha.
- If a proxy (representative) acts instead of the owner of the dacha, an appropriate power of attorney and a passport of the proxy are required.
- Declaration for the property in the form established by the Ministry of Economic Development No. 447 (this document is filled out by the applicant and submitted to the authorized body in two copies). The declaration must reflect:
- object area;
- check or receipt of paid state duty;
- information about the owner of the object;
- year of construction of the facility;
- address of the house location;
- permission from the land committee;
- cadastral number;
- documents confirming the grounds for using the garden plot;
- information about the materials from which the object is constructed;
- number of floors;
- view of the erected building.
- A completed and signed application.
Process nuances
The rules for the privatization of a small dacha located on registered land include:
- land may belong to a citizen or be used on the basis of a contract of unlimited use;
- if any documents are missing, they will have to be restored in the archive;
- It will not be possible to complete the process unless all co-op dues are paid.
Due to the use of the dacha amnesty, this procedure is truly simplified. Usually, it does not take more than one month to register any building on privatized land.
