Приватизация – это процедура передачи state or municipal authorities of ownership of the property in private hands. Such a process is necessary so that in future the owner could dispose of the property at his own discretion. Privatization of the dacha plot is a complicated, long and multi-step procedure. It differs markedly from the usual privatization of apartments. However, public authorities are doing everything possible to simplify the procedure for the transfer of property rights.
Extension of the “dacha amnesty” in 2015–2016
«Дачная амнистия» – законопроект, содержащий the list of amendments to the regulatory legal acts affecting the procedure for privatization of the dacha plot with a minimum package of documents. These amendments have been considered valid since 2006. Moreover, in the winter of 2015, the government of the Russian Federation provided for and officially certified the prolongation of the “dacha amnesty” until March 2018. The essence of the project lies in the fact that at the time of submitting the application for re-registration of the land plot, the owner does not need documents confirming admission to the construction of the building, which is already located on the site. Thus, the owner is exempt from collecting additional documentation.
Sites to be privatized
Initially, the law on the privatization of landplots were created to help owners who for a long time were listed in the dacha community and were not able to carry out the process of registration of property rights. Experts of authorized bodies divide land plots according to the following criteria:
- by location
- by the presence on the object of the erected buildings,
- on key forms of property rights.
Privatization of the dacha plot is carried out in strict accordance with the legislative acts of the Russian Federation. In addition, the owners were able to privatize a certain part of the site.
Depending on how many persons have privatized the land, the following situations may arise:
- the whole territory belongs to one owner;
- in the possession of the owner is only the share of the site;
- plot has at the same time several owners.
There are also cases when it is impossible to re-register housing:
- the territory on which the site is located is under state protection;
- the site is subject to restrictions by federal law;
- the plot is reserved for the construction of public facilities.
However, the owner of the non-privatized plotcan exploit him throughout his life, but at the same time he will not have the right to realize it, that is, to make a sale and purchase transaction, donate or exchange.
Documents of title
You can participate in the “dacha amnesty” programonly on the condition that the owner has in his hands the papers confirming the right of ownership. There is no statute of limitation for such documents, the main thing is that they should be drawn up and executed in accordance with the legislation of the Russian Federation. The list of title documents includes:
- a certificate confirming that the owner has the right to use the plot for life,
- certificate for the right of indefinite use,
- evidence of inheritance for life,
- excerpt from home book
- documents on the plot, which indicate all the rights to the land.
If the owner has in his arsenalall of the above paper, he is entitled to privatization. However, if the owner does not have such a list, then there is nothing left for him but the redemption of the land plot from the municipal authorities or the state.
Requirements for free privatization
Free privatization of the dacha plot is possible if the owner has in his hands the documents confirming the rights of life exploitation.
Following the requirements of "dacha amnesty",the activities of which were subject to prolongation until 2015, the territories received by persons of the Russian Federation before 2001 are privatized in a gratuitous and simplified manner. In addition, such objects should be assigned to the following types of land use:
- plot for country building;
- for the maintenance of personal farming;
- for housing construction of buildings;
- under gardening and horticulture.
Officially register ownershipto the sites that meet the above requirements, it is possible in the department of Rosreestr at the location of the object. In this body, the owner will need to provide any paper confirming the fact of allocation of territories for use and the cadastral passport of the site.
Privatization for a fee
Those lands that were given to the owners inperiod after 2001, do not apply to the program "Country Amnesty". This rule applies to the areas of agricultural farming communities provided to legal entities and to the lands of industrial zones. Thus, the free privatization process becomes impossible for them. However, the owners of such territories can carry out the process of re-registration on a fee basis. Accordingly, they need to obtain permission for privatization, which is provided by state authorities.
How much does privatization cost?The purchase price of a land plot from state or municipal property is calculated on the basis of the minimum land tax rate. The latter figure directly depends on the cadastral price of the object.
The process of re-registration of land
If personal structures are located on the land plot, the state allows simultaneous re-registration of the territories under the object and the dwelling itself.
Following the legislative documents of the Russian Federation, the ownersprivate buildings receive the exclusive right to privatization. And if the object was erected in the territory before 2001, then the owner is officially allowed to carry out the privatization process free of charge, since it falls under the “dacha amnesty” project.
Лица, которые желают приватизировать участок под private building, must apply with a certain list of documents to the state authorities. This list includes documents confirming the ownership of the building and the cadastral passport of the site. If the owner has all the documents and the site falls under the terms of the program, the government authorities make a positive decision regarding the free re-registration procedure. However, if a negative decision is made and, for any reason, the owner is not provided with an opportunity for free privatization, the relevant documentation is issued for the sale of the site.
Documents for the privatization of the dacha
The owner must provide the following list of documents to the local administration:
- Statement from the owner of the site, indicating his F. I. O., passport data, TIN, the area of the object and key purposes of the use of the territory
- Building permit (if available).
- Cadastral passport (if available).
- Excerpt from the Unified State Register of Real Estate (USRR) on registration of property rights.
- A photocopy of the main document of a citizen of the Russian Federation - a passport.
Submission of title documents to the authorized service
After receiving all the necessary documentation,the authorized body shall issue to the owner an officially certified receipt for the provision of data. After this, the application is reviewed and a subsequent decision is made, which is carried out within a month.
Cadastral registration
For cadastral registration of landthe owner will need to first remove all sizes of the territory. Moreover, this work is not done independently, but through the provision of services by the cadastral center. Accordingly, at a predetermined time, the cadastre engineer arrives at the object, who measures all the necessary parameters. All costs for such measuring work are borne directly by the owner.
Decision on the provision of a plot
Official registration of property rightscarried out on the basis of a statement from the owner, documents confirming his identity, title documents, a check on payment of state duty. Privatization of the dacha takes place within ten working days.
However, such processes can be trusted.specialized organizations that are able to professionally carry out the privatization procedure. The only condition is the presence of a power of attorney from the owner, certified by a notary. Naturally, for the execution of works, this organization will demand a certain amount from the client.
Terms of privatization of suburban areas
After filing a formal application, a decision regarding the granting of ownership of a land plot is considered within two weeks.
In the absence of the cadastral plan of the siteMunicipal authorities manage to make it within a month. Immediately after this, permission is granted for the privatization of the plot. And then it is measured and compiled a cadastral plan. Moreover, the cost of carrying out these works are borne by the owner of the object, and the average cost is about 20 thousand rubles.
Only after this is the registration of the sale of land or an agreement on free re-registration. As a result, the privatization of the suburban area takes from several weeks to six months.
In what situations privatization is considered impossible
The Law on the Privatization of Land Plots prohibits the conduct of this process in cases where:
- The territory is reserved by the authorities.
- There is a ban at the state level.
- The site is a reserve.
- If there are other legal restrictions.
Privatization is a complex and lengthy process.When will the privatization of the dachas end? In 2015, the period of the “dacha amnesty” was extended until 2018. The procedure is entitled to those owners of the plots obtained before 2001.
