How to register a house and land as property in a village without title documents

Today in Russia there is absolutely no difficulty in finding out and confirming the owner of a private house thanks to the introduction of a unified state registration database of rights to real estate. By submitting a request to the appropriate institution, the owner of the house, who does not have any documents for it, can receive official confirmation of his rights and, based on the certificates received, restore other documents.

However, difficulties still arise for residents of rural settlements if they have owned property for many years and have not worried all this time about the lack of title documents and the need to formalize them. If this state of affairs did not interfere with the owner of the house during his lifetime, then difficulties will inevitably arise for his heirs, since it is impossible to inherit a house that, by law, is not the property of the testator. And, of course, such a piece of real estate cannot be donated, bequeathed, or sold in accordance with the procedure established by the state. In addition, a buyer who buys such a house under an oral agreement or even a receipt will not be the full owner, so the question of how to register a house in the village becomes especially relevant for him.

What is necessary

First of all, you should indicate what documents are generally needed to register ownership of a house:

• the applicant’s personal passport or a notarized power of attorney for his authorized representative;
• documents for the land on which the house is located (cadastral passport and plan: certificate of ownership, land surveying, designations of buildings on the territory, including the house itself);
• if the building was built since March 2015, a certificate of commissioning of the house will be required;
• declaration of construction (purpose, technical characteristics, cadastral number, etc.);
• receipt for payment of state duty.

Depending on the type of building, the territory on which it is located, who exactly applied (the owner himself, the heir or the so-called buyer), the list of necessary documents for registration of ownership of the house may be supplemented, which will be reported by the responsible employee at the place of application. The application itself must be submitted to the Rosreestr branch at the location of the house in order to confirm the right to the land, check whether there is any information about this property in the cadastral database or whether the process of entering it will be carried out, after which it will be possible to make and receive a certificate their rights.

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How to register ownership of a country house?

A country house is a real estate property, the construction of which does not require the issuance of an appropriate permit and the receipt of a commissioning certificate.

The simplified procedure for registering ownership rights applies to the following types of buildings:

1. residential buildings built on land provided for dacha farming and gardening;
2. houses and cottages built on plots intended for individual housing construction;
3. houses and cottages built on plots intended for farming and located within a populated area;
4. other buildings for the construction of which a building permit is not required.

To register ownership of such a building, you must submit an application to the registration authority and attach the following package of documents:

1. receipt of payment of state duty (2 copies);
2. identification document (representatives of individuals additionally submit a notarized power of attorney);
3. declaration on the real estate object indicating all the characteristics of the structure (in two copies). The declaration must be drawn up in a form approved by the Ministry of Economic Development and Trade. It is filled out by the owner and is not subject to agreement with other bodies or officials. When drawing up the document, you will need to indicate the type of object, its name, intended purpose, cadastral number of the site and technical description of the object.
4. title documents for the plot within the boundaries of which the country house is located (certificate of ownership, lease agreement, etc.).

A certificate of ownership of the house is issued 30 days from the date of submission of documents.

If lost

If there are no documents due to their loss or damage, you must contact the Rosreestr department or local government body to make duplicates, the registration of which also takes time and has some nuances.
Before doing this, the owner must place an advertisement in the local newspaper about the loss of documents with a statement that they should be considered invalid. However, the same advertisement requires information such as the number and date of the lost title document, the area of ​​the property, the cadastral plan number, the address of the house, the surname and initials of the owner. The newspaper issue with the publication of the advertisement must be attached to the submitted application for the need to obtain a duplicate. A copy of the applicant's passport and identification code is also attached. The application, which is submitted to the local branch of Rosreestr, must indicate for what reason and under what circumstances the originals were lost. After checking the submitted documents, a special permit will be issued to issue a duplicate. It, together with the already collected documents, including those for the land, which relate to the house or land plot underneath it, is then also attached to the application with a receipt for payment of the state duty. Next, this package will be submitted directly to Rosreestr for registration, and the applicant will be given a date when they can come for the finished duplicate.

Nobody lives in the village anymore

How many abandoned houses there are in Russia may become known after the population census, which will take place in 2021. But in any village, town, hamlet, or dacha community there are houses in which no one lives. The reasons may be different: there are no owners and there are no heirs. Or there are heirs, but they don’t get around to the plot. But when you get around to it, it may well turn out that someone is already living in the house.

How is this possible? Maybe! And Russians can quite legally occupy empty and abandoned houses. Experts from the Federal Cadastral Chamber of Rosreestr wrote step-by-step instructions specifically for RG on how to become the owner of an abandoned house.

Step one. The first step is to find out whether the house you like and the land on which it is located actually have no owner. How to do it? Contact the chairman of the gardening association on whose territory the property is located, or the local government body if the site is located in a populated area.

You can also search for property owners through the public cadastral map using the cadastral numbers of the plot and house. It wouldn’t hurt to request information from the Unified State Register of Real Estate (USRN).

RG experts discuss the legal aspects of SNT in the “Legal Consultation” section

If the house does end up with an owner, but he is ready to get rid of it, then in this case the house will become the property of the person who liked it only under a civil transaction, that is, under a purchase and sale agreement. The Cadastral Chamber reminds that according to the Land Code, the fate of a land plot and objects firmly associated with it is the same if both the land plot and the house located on it belong to a person by right of ownership. In this case, it is necessary to register ownership of this house simultaneously with the purchase and registration of rights to the plot on which such a house is located.

If the owner could not be found, then most likely it is ownerless property. Therefore, you can move on to the next step.

Step two. It is quite complex and can take a lot of time. Experts emphasize that, according to the law, ownerless means an object that does not have an owner, is unknown, or has renounced ownership rights.

If a person is determined to buy a house that has no owner, he needs to be patient. The registration procedure can take more than a year.

To begin with, such a house as ownerless property must be registered in the Unified State Register of Real Estate. “An application for registration of an ownerless property is submitted to the rights registration authority by the municipal body on whose territory such a house is located. The procedure for registering an “ownerless person” takes a maximum of 15 working days from the date of receipt of documents by the rights registration authority,” says the Cadastral Chamber.

After a year has passed from the date of registration of an ownerless immovable property, the municipal body may apply to the court with a request to recognize the right of municipal ownership of this thing. Next, the municipality applies to the rights registration authority with an application for state registration of municipal property rights to this object. And the basis document will be a court decision that has entered into legal force. Only after state registration of municipal property rights can this object be subject to bidding.

Land plots, including abandoned ones, can be put up for auction by the municipality. To purchase them, you need to win such auctions. But you can buy a plot of land with a house, including an “ownerless” one, without bidding. This is possible if the land plot is intended for individual housing construction, personal subsidiary farming within the boundaries of a populated area, gardening, and was originally provided to citizens or peasant (farm) households for the corresponding activity.

Step three. If local authorities or SNT are ready to sell abandoned property without bidding, and this is quite possible, then you just need to wait for the registration of ownership and an extract from the Unified State Register of Real Estate.

According to the law, ownerless means an object that has no owner, is unknown, or has abandoned ownership rights.

How much will it cost to legally acquire an ownerless property? The biggest costs are for purchasing it from the municipality and for subsequent improvement. You may have to tear down and rebuild a lot of things. There may be additional costs for notary services when concluding purchase and sale agreements.

In rare cases, a situation may arise when you have registered an “ownerless” property and registered the right to it, but the previous owner suddenly appears. In such a scenario, litigation cannot be avoided. It is important to remember that if a person who is not the owner of the property bona fide, openly and continuously owns it as his own for 15 years, then he acquires ownership of the property.

The Cadastral Chamber also pays attention to this curious point. Any owner of an ownerless house, the rights to which he previously renounced for some reason (perhaps simply in the heat of the moment!), but their validity has not been terminated, can apply to the rights registration authority with an application to take possession of this property again. And his issue will be resolved within 15 working days from the date of receipt of the application and package of documents.

Nuances during recovery

You should also keep in mind which documents are missing, for example:

If you need to restore an agreement confirming the rights to property, for example, during a sale and purchase, and it is reliably known that it was certified by a notary, you can contact a notary’s office. If it was liquidated over time, you can submit a request to the archives of the notary chamber. And if you don’t have documents for the land, you need to get them first.

If the necessary duplicates are not available in any responsible institution or archive, the issue of registering ownership of the house will have to be decided only in court.

Where to register a house as a property?

To register ownership of a house, you must apply with a ready-made package of documents to the Federal Service for State Registration, Cadastre and Cartography.

Registration of rights is carried out by the territorial department at the location of the real estate within the boundaries of the registration authority.

As a result of registration of ownership of real estate, registration information is entered into the Unified State Register of Rights, entries are made on title documents (if a real estate transaction was carried out) and a certificate of state registration is issued.

Read on - how to restore documents for an apartment. Quick schemes.

The article (link) contains a detailed description of the insurance certificate of state pension insurance.

How long is the study leave?

Missing some documents

What to do if your house is located in a dacha cooperative or partnership and the only thing you have is a membership certificate, but nothing more. Having only this certificate, you cannot start registering rights to the land plot. To do this, you will need to go through the “dacha amnesty” procedure and have (execute) the following “papers”:

• An application to the local self-government authorities with a description of the boundaries of the land plot, what is located around it, a sample will be issued on the spot. They may also require the creation of a land survey to determine the boundaries, in order to avoid various kinds of disagreements with neighbors.
• The conclusion of the cooperative or partnership in which you are a member, which confirms the ownership of the land you occupy.
• An extract from the register confirming the existence of a cooperative or partnership. Issued by your local tax office.
• A document confirming the ownership of land by an association (cooperative).
• A final decision is made within 2 weeks, after which the further registration procedure is carried out by the MFC authorities.

conclusions

The procedure for registering a private house as a property, no matter how complicated and tedious it may seem, is necessary. In case of difficulties, you can contact specialists who, for an additional fee, will prepare all the documents and help you register your dacha or cottage in the shortest possible time.

Once your house is registered, all restrictions on transactions are removed from it: you can safely sell it, rent it out, or pass it on by inheritance.

Another important point: after registration, your building becomes subject to taxation. Therefore, it is better to clarify the cadastral value and tax rate in advance, calculate the amount and prepare to pay it at the end of the calendar year.

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What does this mean?

The consequences for owners of land plots without registration of rights can be very dire.

If the owner of a land plot to register the property before March 1, 2022 plot will be removed from the cadastral register .

And the status of the site will change from “temporary” to “real estate removed from cadastral registration.” If this happens, then from the moment it is removed from the cadastral register the plot will cease to exist as a real estate property.

Removal from state cadastral registration is carried out in three cases: