It is not necessary to register your dacha as your property, but privatization will give you obvious advantages. How to privatize a dacha plot, timing, reviews and where to start. Is it possible to privatize a plot near a reservoir?

In judicial practice, the question has more than once arisen about the possibility of free privatization by a citizen - owner of a building (residential building) of a land plot that is in constant perpetual use, if this plot is located in the water protection zone of water bodies or in the coastal protective strip of a water body.

We must say that the privatization of land plots located in the water protection zone of water bodies or in the coastal strip of a water body is possible under certain conditions:

If the use of the land plot arose lawfully before the entry into force of the Water Code of the Russian Federation, that is, before November 23, 1995;

If a residential or country house located on a land plot is owned, there is a certificate of state registration of ownership, issued by state registration authorities;

There is agreement with the federal executive body in the field of management of the use and protection of the water fund.

The Supreme Court of the Russian Federation also considered the issue of privatization of land in water protection zones of rivers and reservoirs and indicated that these land plots belong to environmental lands (subclause 1, clause 1, article 97 of the Land Code of the Russian Federation) and are part of the lands of specially protected areas (Clause 2 of Article 94 of the Land Code of the Russian Federation).

Within the boundaries of environmental lands, a special legal regime for the use of land is introduced, which prohibits and limits those types of activities that are incompatible with the main purpose of the land. Let me explain, if you have a residential building in a water protection zone and the land plot has a certificate of the right of permanent (perpetual) use, the type of permitted use of which is individual housing construction, then it is quite natural that you cannot build a mini-hotel or factory on this land plot , farm. The land plot is intended for the construction of an individual residential building for permanent residence. Privatization of land, in case of violation of the type of use of the land plot, will be prohibited.

The Supreme Court stated that land plots located in a water protection zone or coastal protective strip do not belong to lands withdrawn from circulation or limited in circulation (Article 27 of the Land Code of the Russian Federation) and citizens who have such land plots can acquire their ownership.

Consequently, it is allowed to privatize land plots if all the above requirements are met.

Now it is necessary to consider cases when land privatization may be refused:

1. if a land plot in state or municipal ownership is withdrawn from circulation and there is a corresponding resolution.

2. A ban has been established on the privatization of land plots in accordance with federal law;

3. The land plot is reserved for state needs and there is a corresponding resolution on this.

In all these cases of refusal to privatize land plots, you must be given a reasoned refusal with references to the legislation, which you can challenge in court.

When deciding on the privatization of land plots located in the water protection zone, it should be taken into account that the legislation does not classify them as lands withdrawn from circulation; There is currently no federal law prohibiting their privatization; the fact of reserving a land plot must be established by an act of the state authority of the constituent entity of the Russian Federation (clause 5 of Article 2 No. 33-FZ of March 14, 1995); Land legislation does not contain restrictions on registration of ownership of land plots located in the water protection zone.

Privatization of land plots presupposes, as a mandatory condition, agreement with the federal executive body in the field of managing the use and protection of the water fund. This rule is established by Art. 112 of the Water Law of the Russian Federation.

Reasoned consent or refusal to privatize land must be in writing and contain detailed wording of the decision of the authority. A refusal to grant ownership of a land plot may be challenged by a citizen in court.

Judicial practice shows that courts refuse to privatize used land plots, citing the prohibition by law from privatizing public land plots with limited circulation.

Let's take a closer look at one of the cases conducted by lawyers and advocates of the Moscow Regional Land Company.

A resident of the Tver region of the Konakovo district appealed to the district court of Konakovo with a complaint about the refusal of the Federal executive body to provide him with the right of ownership free of charge in the manner of privatization of a used land plot located in the water protection zone of the Ivankovo reservoir. It should be noted that the land plot was used strictly in accordance with the type of permitted use (individual housing construction); a residential building was built on the land plot in which the plaintiff and his family lived.

Refusing to satisfy the claim, the court indicated in the decision that the disputed land plot refers to lands whose turnover is limited, clause 8 of Art. 27 of the Federal Law of December 21, 2001 “On the privatization of state and municipal property” prohibits the privatization of such plots.

Lawyers of the Moscow Regional Land Company challenged this decision and the Tver Regional Court issued a decision to reconsider the case. As a result, the land plot located in the water protection zone of the Ivankovo reservoir was privatized and registered as the property of the owner of the household located on this land plot.

It should be noted that the possibility of privatization of land plots does not mean the legalization of land plots that were arbitrarily seized, “used” or attached to a land plot in lawful use, and special attention should be paid to this.

For many city dwellers, summer cottages are an exceptional way to take a break in nature and get their share of vitamins. The garden allotment given to grandmothers has long been considered theirs by the family. However, without proper registration of land ownership it is impossible to count on its inviolability. Only with a legally established certificate of ownership in hand is it possible to calmly cultivate one’s garden beds, as well as bequeath, donate, rent or even sell a garden plot. plot. But to do this, you first need to privatize the unregistered dacha. The “dacha amnesty” allows you to do this even if you have only one garden book per allocated plot .

You will need

Gardening book for the plot, completion of the service station, decision from the administration, cadastral passport, receipt for payment of state duty

Instructions

1. If you have a dacha in a gardening partnership, you should have a membership book in your hands, which reflects the number of your plot. If this book has been lost for many years, contact the chairman of the dacha association. Order a garden book correction using archival documents.

2. Write an application to the local government body, the administration, to grant you ownership of a plot of land in accordance with Article 28 of the Federal Law “On Gardening Associations of Citizens.” Describe the location of your dacha in as much detail as possible. Indicate its location in relation to nearby targets for which your plot will be easy to detect.

3. After this, take a conclusion from the gardening board that this land plot plot assigned to you. Show the presentation of your site made for the administration to the chairman and ask him to certify at the end that the presentation corresponds to the real site of the dacha.

4. Provide all documents from the gardening association together with a written application to the administration of your locality. After two weeks, take the decision to transfer the gardening plot to your property.

5. Contact Rosreestr to purchase a cadastral plan. It is issued by the division of Rosreestr, which maintains the real estate cadastre. To order a cadastre, provide this body with a legal decision received from the administration on the transfer of garden land into ownership. After the established period, take the cadastral plan for the land from Rosreestr.

6. Pay the fee for state registration of land ownership rights plot. Take to the registry office the application for registration of the right, the paid receipt of the fee, the cadastral passport and the received decision of the administration on the provision of the garden plot as property.

7. In one month, the documents on the ownership of your dacha will be ready. Collect them from the Registrar's Office.

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Helpful advice
According to the “dacha amnesty” law, there is no need to carry out land surveying. If there are similar demands from dignitaries, obtain a written refusal to privatize the site on this basis and go to court.

In order to privatize a dacha plot completely free of charge, the summer resident must, first of all, bring a document confirming the fact that a specific plot is located on land allocated by the state to a dacha cooperative (organization, society). This document can be obtained from the head of the board of the dacha or horticultural society. In some cases, such a document is issued by order of local government authorities in the administration of the city (village, village council) or in the Department of Land Relations at the city mayor's office.

The decision to transfer a dacha plot into the ownership of an individual member of a dacha (gardening) society (positive or negative answer) must be made within two calendar weeks, but no later than this period approved by Russian legislative norms. If a summer resident is denied the right to privatize a land plot, this decision must be justified. For example, local authorities in this place have planned the construction of some object of urban (district) significance - laying a highway, power lines, etc.

The procedure for the privatization of a summer cottage in 2017 and 2018

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What is the privatization of a summer cottage?

After the adoption of Federal Law No. 93-FZ of June 30, 2006, regulating the introduction of amendments to certain legislative acts, the privatization of a summer cottage began to be carried out according to a simplified scheme. The unofficial name of the procedure is “dacha amnesty.”

Registration of ownership of a subsidiary farm allows you to dispose of it at your own discretion, including changing, renting out and selling. It is also possible to erect any buildings, carry out planning work or carry out communications only on a privatized plot. Without state registration of ownership of land, you can only plant a garden or vegetable garden and care for it.

Thus, the privatization of dacha plots is necessary not only for those who want to sell their farm, but also for those who want to improve it.

Where to start privatization

The first step to registering a dacha as a property will be to confirm that both the site and its user meet the necessary criteria. Thus, the applicant must:

have Russian citizenship;
not to previously use your right to privatize this category of real estate.

The privatization object must also meet certain parameters:

be accepted by an association of gardeners or summer residents before November 2001, or be inherited by the user;
not have any encumbrances and not be withdrawn from circulation.

To begin the property registration procedure, you need to contact the local administration. Here an extract from the protocol, a certificate or a decision on the provision of land is issued, which will confirm the fact that this plot is assigned to the applicant.

Step-by-step privatization algorithm

To go through the procedure for registering a plot quickly and without problems, you need to follow a certain algorithm. The privatization instructions are as follows:

Visit the municipality (department for land legal relations) and provide the required package of documents.
Verification of the provided information by a government agency (takes up to 14 days).
Making a decision on the application.
Obtaining a cadastral passport.
Submitting an application to Rosreestr.
If the outcome is positive, enter information about the new owner of the land plot.
Receipt by the applicant of an extract from the Unified State Register of Real Estate confirming his ownership.

Since 2017, a certificate of ownership has not been issued; the owner’s status is confirmed by an extract from the Unified State Register of Real Estate.

What documents will be required

In order not to delay the registration process, you should take care of collecting the necessary documents in advance.

Sell non-privatized dacha with membership card 2017 documents

The applicant will need:

personal passport;
an application completed in the prescribed form;
description of the summer cottage, the document must indicate:
1. name of the land (dacha plot, gardening, etc.);
2. address;
3. cadastral number;
4. the area of buildings erected on the land, materials used in the construction process;
5. presence/absence of communications.
document of title to the privatization object, indicating the procedure for its receipt (social tenancy/purchase and sale agreement, inheritance documents, etc.).

personal passport;
petition;
report on survey work carried out (not mandatory since 2015);
title documents;
check for payment of state duty.

In some cases, additional documents may be required, so it is advisable to check the list with the municipality in advance.

At the final stage, you need to visit Rosreestr and submit:

personal passport;
cadastral passport;
check for payment of state duty.

The appeal is considered within 30 days, after which a decision is made. If it is positive, information about the dacha plot in Rosreestr is updated, and the applicant is issued an extract from the Unified State Register of Real Estate.

Cost of privatization

According to the law, any land plot with or without buildings can be registered as ownership (in the first case, a permit for their construction is required). The following categories of plots are exceptions:

self-employed;
located on territory of state interest and not subject to registration as property (military facilities, nature reserves, etc.);
not subject to separate allocation without transfer to another category;
having an area less than the minimum established by the state.

All other plots can be privatized free of charge, provided that they were transferred to users before 2001 or by inheritance rights. Allotments received after the specified period are registered as property on a paid basis. The cost depends on the tax minimum established in each individual region. It may change over time, so the current price for the procedure will be indicated when contacting the municipality.

The cost of registration is reduced if the issue is resolved not administratively, but in court. But taking into account legal costs, the difference in the final amount of financial costs will be insignificant.

Privatization in a gardening partnership

When a non-profit gardening partnership (SNT) was formed, it was allocated land for carrying out agricultural work. Subsequently, it was divided among the members of the SNT, each of whom received an allotment, the harvest from which was used for personal needs.

The transfer of land was carried out on the basis of a personal petition from a member of the SNT. Citizens meeting three conditions were accepted into the ranks of the partnership:

presence of Russian/Soviet citizenship;
age over 18 years;
the presence of an allotment on the territory of the association.

Also, the heirs of former users of garden plots and persons who received land under a gift agreement were accepted into the partnership.

The decision to join the SNT was made at a general meeting, provided that it was unanimous. Entry into the partnership was confirmed by the issuance of a membership card. The responsibilities of a member of the association included:

timely payment of membership fees;
maintaining the received plot in proper order;
use of land for its intended purpose (carrying out agricultural work).

personal passport;
declaration for erected buildings;
cadastral plan;
a document of title confirming that the territory was actually issued by the state to the applicant.

Privatization will be carried out free of charge for those to whom land was allocated before November 2001 or inherited. In other cases, it is necessary to pay the cost of the procedure in accordance with the standards established for the region of location.

A feature of the privatization of a plot in SNT is the need for prior approval with the chairman. The applicant needs:

independently draw up a description of the site in his use, indicate its boundaries and have the document certified by the chairman of the partnership;
obtain from him a conclusion confirming information about the applicant and the privatization object.

Only after receiving the conclusion from the chairman can you contact the municipality, attaching to it:

petition in the prescribed form;
a copy of the membership book;
title document for the allotment;
SNT constituent documents;
an extract from the Unified State Register of Legal Entities confirming that the association of gardeners is non-profit.

The application is considered within 2 weeks, and if the decision is positive, the applicant is issued permission to register the property as a property. Next you need to obtain a cadastral passport. To apply to the Cadastral Chamber, you need to obtain a certificate from the chairman of the SNT indicating:

size of allotment;
the date of entry of the applicant into the partnership;
the fact that there are no debts on membership fees.

After receiving the cadastral passport, you need to contact Rosreestr and submit:

application for registration of property rights;
personal passport;
title document;
cadastral passport;
check for payment of state duty.

30 calendar days are allotted for consideration of the application, during which the authenticity of the submitted documents is verified.

If a positive decision is made, the updated information is entered into Rosreestr, and the applicant is given an extract from the Unified State Register of Real Estate, confirming his ownership.

Thus, the procedure for privatizing dacha and garden plots is not difficult, provided that the required algorithm of actions is followed.

How to privatize a dacha and become its full owner?

The Federal Law on the Rules for Registration of Ownership of Suburban Real Estate, or the “dacha amnesty” law, has been in force in the Russian Federation since 2006. But even despite this, many citizens continue to have questions about the sequence of land privatization. Let's try to understand the legal and legal nuances of the law.

Dacha privatization: document confirming ownership

Purchase of a privatized dacha documents

This document can be obtained from the head of the board of the dacha or horticultural society. In some cases, such a document is issued by order of local government authorities in the administration of the city (village, village council) or in the Department of Land Relations at the city mayor's office.

Dacha privatization: how is a description of the boundaries of a land plot drawn up?

Buying or inheriting a dacha plot means automatically becoming a member of a dacha or gardening society. The owner of the site receives the corresponding document - a membership book, which is a confirmation document. The summer resident, independently or with the involvement of third, more competent persons, draws up a description of the boundaries of the land plot (approximate dimensions, address and layout in relation to neighboring land plots), and then signs this description in the board of the country (horticultural) society. The head of the summer resident society confirms with his signature the correctness of the description.

Dacha privatization: who makes the decision on the transfer of ownership rights to a dacha plot?

As soon as the two above-mentioned documents are in the hands of the summer resident, he has the right to contact the city mayor's office (if the summer house is located within the city limits) or the district office of the Department of Land Relations (if the summer house is located on the lands of the district). Next, an application is written on behalf of the citizen who wishes to obtain ownership of the dacha plot, attaching copies of the above-mentioned documents that he has.

It should be taken into account that local governments have the right to require citizens to provide additional documents. For example, this could be an extract from the Unified State Register with more detailed information about the dacha or gardening society on whose territory a specific dacha plot is located, and other documents. Typically, additional documents are required if this is the first application from members of a dacha society and no one has previously submitted such applications to the Department of Land Relations.

Dacha privatization: state registration and assignment of a cadastral passport to a dacha plot

After receiving a positive response from the Department of Land Management, the summer resident must contact the nearest regional office of the Land Cadastral Chamber in order to legally determine the boundaries of his land holdings in the area. For this purpose, a cadastral engineer is invited to develop a detailed cadastral plan of the land plot. Then the dacha plot is registered with the state cadastral register, and the owner is issued a cadastral passport indicating the legal privatization of the land plot.

Dacha privatization: features of registration of dacha plots as property

· Despite the fact that the privatization of dacha plots is free for Russian citizens, dacha owners pay a one-time state fee when registering land ownership rights. For gardening plots, the state duty should not exceed 100 rubles, for dacha plots - 200 rubles.

· An application for privatization of a dacha plot can be submitted to local government bodies or the Land Management Department either personally by a member of a dacha (gardening) society or by his authorized representative, if the power of attorney for another person is notarized.

· Summer residents or members of a horticultural society can privatize their plots on a collective basis. Then one statement is drawn up from the whole society with the signatures of all its members.

Dacha privatization: a scheme for registering ownership of a plot of land, if documents for land ownership have already been prepared (before 2006)

The entire above-mentioned step-by-step scheme for the privatization of a dacha plot is applicable only if no documents for ownership rights have yet been issued for this plot of land (before 2006).

If a summer resident has an outdated document on the right to own a land plot with lifelong management on it, then privatization is processed automatically, without contacting local authorities. Such dacha and garden plots are already included in the Unified State Cadastre of Real Estate and do not require additional land surveying.

A summer resident can immediately register his ownership of a summer cottage plot in accordance with the new legislative norms by submitting a cadastral passport for the land plot to the Land Management Department. Land surveying should be carried out if the owner of a dacha plot personally wants to clarify the boundaries of the area of his plot of land.

What mistakes should citizens not make when purchasing a privatized summer cottage?

The most common mistake when buying and selling a dacha plot is that often during the purchase and sale procedure the name of the new owner of the dacha plot is simply entered into the membership book of the dacha or gardening society.

A person believes that he is the legal owner of the land, builds a house on it, runs a farm, and then it turns out that the owner of the land is still not he, but the previous owner, whose data is included in the state registration documents. In this case, property rights are resolved only in court.

Citizens who are just going to buy a dacha plot as their own should take this fact into account and understand that the owner of a specific land property can only be a citizen who has passed the cadastral state registration of the land.

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The procedure for privatizing a plot in a gardening partnership

According to the law, garden plots are provided to citizens by local governments or a person buys it personally. At the same time, he has the right to build a residential house on the site, but without registering it. You can also build outbuildings on the site and grow fruits and vegetables.

How does the privatization of plots in a gardening partnership take place?

In 2006, a law was passed that allowed the privatization of plots that are part of gardening partnerships. Now you can not only use the land once provided by the state, but also become its legal owner. Privatization of a plot can be carried out free of charge or for a fee in cases where this is provided for by regional and federal laws.

A person who has received a garden plot for lifelong ownership by inheritance or for permanent use can become its owner without a decision to transfer ownership of the plot. A person who was allocated a plot of land in a non-profit gardening partnership even before the law on gardening partnerships came into force can also become its owner.

To privatize, a person must write an application and submit it to the executive authorities or municipal authorities. It is worth noting that if construction of a house has begun on a plot of land, you will need to confirm your right to unfinished construction. If there is already a garden house on the site, a technical passport is not issued for it. But you will have to draw up an inventory of the property listing all buildings.

The following documents must be attached to the application:

a description of the location of the garden plot, which must be prepared by the applicant;
conclusion of the board of the gardening partnership, in which a specific citizen and the plot assigned to him must be indicated. The partnership must also clarify where exactly the site is located.

But the applicant may be required to provide additional documents, namely:

act on the provision of land;
certificate of lifelong ownership of the plot by inheritance;
another document that certifies a person’s right to a land plot;
an extract from the state register containing information about the non-profit partnership on whose territory the site is located.

The authority responsible for this issue must, within 14 days from the date of receipt of the application, make a decision on the transfer of the land plot into ownership or refuse it.

The reason for refusal may be the ban on privatization, which is established by federal legislation.

How to register land ownership

After a positive decision by the authorities, the transfer of land rights is registered. Such registration is carried out by the territorial state registration authority.

How to privatize a dacha, a house on a summer cottage

To register ownership of a plot of land, you will need the following package of documents:

a citizen’s application for registration of a land plot;
document confirming payment for services;
applicant's passport;
cadastral plan of the site;
an act granting a person a plot or a certificate of inheritance for it;
other documents that can confirm the right to a land plot;
power of attorney certified by a notary. It is needed if the applicant is an authorized person.

It is worth noting that registering a garden plot as a property is a troublesome task. Therefore, it is best to contact an organization that provides such services and this will help save nerves and time. Employees of such organizations will do everything for you - collect all the necessary documents and submit the appropriate application for privatization of the land plot and state registration of ownership rights to it.

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What is privatization - it is your property!

It is not difficult to understand that while the land of your garden plot is owned by the municipality, you are not its owner. As a result, you cannot sell your garden plot and, moreover, you may even lose it. To prevent this from happening, it is necessary to privatize land ownership.

A citizen who received a garden plot from the state, factories, trade union committee, etc. before October 25, 2001 (the date of entry into force of the Land Code of the Russian Federation), has the right to free privatization.

If you received a garden plot later, then privatization will be paid for you.

Privatization is a rather long and complex procedure, you need to monitor the progress of documents - call, go, remind, inquire, take them for signature, now to one place, then another - the owner of the land plot must do it himself, this requires time and certain knowledge. The privatization procedure roughly looks like this:

Free privatization.

An agreement is concluded;

7. Take the package of documents from the intermediary organization and submit it to the registration center.

8. You receive a certificate of land ownership.

Privatization with buyout.

1. In the accounting department of your company, you will not be given a certificate for privatization with debts.

2. With your passport, personal identification number, tax identification number, certificate, contact the intermediary organization:

An agreement is concluded;
Visiting the site to clarify boundaries;
Preparation of a diagram of the location of the land plot on the cadastral plan;
Obtaining a diagram of the garden plot on the plan from the boundary organization.

3. Coordination with the Chairman of the garden society.

4. Return of signed documents by the Chairman of the garden society back to the intermediary organization.

5. The interim organization prepares a resolution for signature by the district administration, delivers it, and picks it up.

6. The cadastral plan is sent to Kazan to obtain a cadastral number for the site.

7. Pick up the completed package of documents from the intermediary organization.

8. Contact the Multifunctional Center, enter into an agreement, and receive details for paying the redemption amount to the bank.

9. Order from independent appraisers an assessment of your plot (The land has a cadastral value, it is different everywhere, depending on the location, forest area, rivers, lakes, the value of the land itself. In other words, the cadastral value of the land is the state price of your plot. If the state needs land in your community, and your land is not privatized, they will take it for free. But having in hand a certificate of ownership of the land, the state will have to buy your land at the cadastral value (also if the state owns the house).

10. Having received the assessment of the site, you pay the ransom amount to the bank.

11. We hand over all documents and receipts to the multifunctional center.

12. You receive a certificate of land ownership.

It should be noted that in December 2014 in the Tukaevsky district the legislation changed and the very essence of acquiring a dacha or land plot in society changed.

Until December 2014, the “procedure” was as follows:

1. The buyer and seller met and agreed on a price;

2. To the board of the gardening society, the Seller wrote a statement with a request to exclude him from members of the society, and the buyer wrote a statement with a request to accept him into the society and issue him a membership book;

3. The accountant and the chairman of the company re-issued the documents.

Before or after this, by agreement, he transferred the money to the seller and became the full owner of the dacha. In fact, with this procedure, the buyer acquired from the seller the right to be a member of the garden society and everything that was on the land of the garden plot. The land plot itself, if it was not privatized by the seller, was not acquired by the buyer, the buyer became only a user of the land. Since the state did not participate in this procedure, it turned out that the seller of the right to membership in the society also sold the right to privatize the land plot under garden buildings. And since privatization was free, it turned out that the buyer of a dacha “potentially” also acquired land

From January 1, 2015, according to the Land Code of the Russian Federation, all non-privatized lands in garden societies (who did not receive from the state, trade union committee, plant, joined after October 25, 2001) were purchased and re-registered according to the book, are the property of the state and these lands must be purchased by citizens in property at market value.

Difficulties in privatization

The validity period of various certificates and documents has a limited validity period. The chairman of the society and the accountant are not always available in the city and it is often necessary to travel several times to the garden society to obtain and certify documents.

At the end of December 2014, the Council of Deputies of the Tukaevsky District at a session approved the regulation on the privatization of land in garden societies. After which, everyone who joined the society after October 25, 2001 (the date of entry into force of the Land Code of the Russian Federation) and has not yet registered ownership of the land and everyone who purchases garden plots on non-privatized plots should keep in mind that the land is owned they can only buy it from the state.

Until December 2014, some new owners of plots managed to privatize for free.

There is one more component that sellers try not to talk about and buyers don’t think about finding out. Especially if the plot has already been privatized, then buyers, as a rule, forget about everything.

How to privatize a dacha using a garden book in 2018

To celebrate, they pay for the purchase of the plot, sign the purchase and sale agreement and feel happy until the chairman or accountant of the society says that they owe a debt for membership fees, which was inherited from the previous owners of the dacha. Debts on contributions are not small.

There are other “pitfalls” that the seller of the plot himself may not be aware of, and what’s worse is to deliberately mislead the Buyer. In the 90s of the last century and in the “zero” years of this century, there was a free registration of garden plots. At first, Tatarstan issued a state land deed to those who wanted to become owners of plots; many people did not even know about it and did not take it, but it is in the Registration Chamber. Then, this state act had to be exchanged for federal certificates of title

Now there are still misunderstandings. The buyer purchases a garden plot, goes to the officials to submit documents for privatization of the land and learns that the previous owner began to privatize this land. Only this former owner of the plot is obliged to complete the privatization in his own name, and then re-register the property to his successor. It is good if in such a situation the previous owner, who has already received their money for the garden plot, does not demand money for obtaining and re-issuing documents.

Complete the purchase of a garden plot with the help of specialists. Save time, nerves and a lot of money!

Privatization of a summer cottage is a legal procedure that occurs in several stages. The current legislation of the Russian Federation made significant changes in March 2015 and significantly simplified the registration process. However, before starting the procedure, it is necessary to study all the main nuances and the procedure for obtaining the necessary document.

Simplified privatization of property is possible in gardening partnerships and dacha cooperatives. The process of registering a land plot can be carried out if there is any building on the received land.

In order to privatize a land plot, a citizen of the Russian Federation must fulfill a number of certain requirements that are prescribed in the current legislation. In accordance with Federal Law No. 93, under a simplified scheme, the owner has the right not to provide permission to build real estate on a land plot.

Time frame for privatization of a summer cottage:

The simplified procedure for completing the procedure is valid until the end of 2020;
On March 1, 2018, new conditions for the “dacha amnesty” will start.

Statistics show that not all registered dacha plots have undergone the privatization procedure. The simplified scheme has the above validity periods, which must be taken into account if there is unregistered real estate on the land.

Conditions for registration of privatization:

After registration of privatization, the land plot is transferred to a member of the SNT or DNT;
A member of the gardening community has every right to use the procedure provided;
Assignment of a land plot before November 1, 2001;
Exclusion of privatization of plots that are withdrawn from general circulation;
No encumbrance on the land plot.

The following objects are suitable for privatization:

Allocation of land for country houses;
Land for gardening and vegetable gardening;
Plot for farming.

Legal citizens of the Russian Federation who have not yet applied on this issue can take advantage of the free privatization procedure.

How to start the registration process

The process of privatization of a summer cottage must begin by contacting self-government bodies and obtaining an appropriate certificate indicating the right of the applicant to be the owner.

The next step is to receive a special diagram from a surveyor who will record the boundaries of the land plot. If this document is already available, then there is no need to re-issue it.

In order to quickly privatize a summer cottage, it is important to study the design algorithm in detail:

Collection of all necessary documents;
Submission of all necessary papers to the local government for privatization;
Verification of submitted documents within 14 days from the date of application;
Obtaining a decision on the privatization of a summer cottage;
If the answer is positive, a cadastral registration document is issued, and the owner of the plot enters into a special agreement to complete the privatization procedure;
Entering data about the registered owner into Rosreestr;
Receive an extract from the Unified State Register within 10 days.

An extract from the Unified State Register of Real Estate is a document that confirms the successful privatization of a summer cottage plot and the assignment of full ownership rights to the applicant.

Free procedure

Free privatization of a dacha plot is possible if the owner has ownership documents establishing a lifetime right to use the land until 2001. The conditions for registration are intended for dacha construction, gardening, vegetable gardening or maintaining subsidiary plots.

If the plot was received after 2001, then it does not fall into the “dacha amnesty” category, so the registration procedure is paid. The process is carried out upon receipt of a special permit for privatization.

The cost of the procedure depends on the minimum land tax and the cadastral valuation of the proposed object for privatization. To quickly complete the procedure, you need a full package of documents and fulfillment of the conditions for providing free privatization.

List of required documents

When privatizing a dacha plot, the applicant must provide the following package of documents:

A correctly completed application indicating all the necessary data (last name, first name, patronymic, passport details, purpose for using the site, TIN number, total area of the plot);
Copies of the main pages of the passport;
A diagram drawn up by a surveyor about the location of the site;
Permission to carry out construction (subject to its availability);
Providing an extract from the Unified State Register of Property Rights.

In order to register with Rosreestr you will need the following documents:

Conclusion from local authorities on a positive decision regarding privatization;
Application from the owner of the site;
Agreement on the gratuitous transfer of the allotment to the present owner;
Receipt of payment of the fee assigned by the state.

When completing the procedure free of charge, you will need to pay a state fee of 350 rubles and a fee for a cadastral passport in the amount of 200 rubles. Paid privatization is carried out by concluding a re-registration agreement with the payment of funds, which are calculated based on the value of the object and property tax.

Objects not subject to privatization

Before carrying out privatization, it is necessary to study the cases when the transfer of a land plot to private ownership is impossible:

Sites for public development;
Territories that are under special surveillance;
Other areas not subject to privatization in accordance with the current legislation of the Russian Federation.

Clarification of information regarding the possibility of privatization is possible with the relevant local government bodies.

Advantages and disadvantages of privatization

Privatization of a dacha plot has distinct advantages in the form of obtaining the unconditional right to dispose of one’s plot and the possibility of building real estate on the specified territory.

Among the main disadvantages of the procedure, there is only the payment of land tax, which has an impressive amount. Moreover, in comparison with other advantages, this disadvantage is insignificant.

Advice from lawyers mainly depends on the current situation and the availability of relevant documents. In order to understand the nuances of design, you need to familiarize yourself with some recommendations from experts.

Good afternoon Please tell me how can I privatize my dacha if I only have a book about membership in a garden cooperative? Thank you in advance!

Hello! To privatize your dacha plot, you need a package of all the necessary documents (a diagram from a surveyor about the boundaries of the occupied area, property rights, a certificate from the local government, a certificate of registration of the plot). It is important that all papers are in perfect order, since if there are errors and inaccuracies, the procedure can be very lengthy.

Please tell me how the “dacha amnesty” program works and what benefits does it provide?

Good afternoon The targeted “dacha amnesty” program was adopted in 2006 and has now been extended. In accordance with established standards, you can register your dacha for free, provided that you provide a complete package of documents with the obligatory presence of a diagram of the boundaries of the land. Then the only cost you need to pay is the state fee.

How can you quickly complete privatization and how much will this procedure cost?

Hello! According to the law, state or municipal plots can be privatized, so if your plot was received back in the days of the USSR, then you need to re-register it. The duration and cost of the procedure depends on when the land was received and what documents are available for it. In many cases, additional information is required in the form of boundary restrictions and ownership rights when building on land. If we talk about the price, it depends on the overall assessment of the land plot. So everything is purely individual.

Good afternoon Recently, my husband and I bought a dacha, but we didn’t draw up the documents as such, but simply the chairman rewrote the data in the membership book. Now we want to privatize, but what is needed for this?

Hello! In your case, you did not act very competently, since you had to register and receive the appropriate certificate. Most likely, during registration you will have to buy this plot, since simple corrections in the membership book are groundless for the administration. Additionally, you need to establish land survey boundaries and obtain all the necessary papers.

But I’m interested in the question, where exactly should I go to privatize my dacha?

Marina Anatolyevna

Good afternoon In order to register privatization, you need to go to the municipality or directly to the chairman of the SNT. It is advisable to immediately have all the necessary documents on hand.

I bought a dacha in 2014, but when submitting documents I was rejected, apparently because of my registration in another city. How true is this?

Hello! I want to tell you right away, since you bought the dacha in 2014, it is in fact your private property and does not need to be privatized. Well, more detailed reasons are usually indicated in the refusal, which is issued in writing.

Is it necessary to privatize a dacha if it was registered under a gift deed?

Receiving a dacha under a deed of gift necessarily implies re-registration and receipt of a registration certificate with the right of ownership, therefore in your case it is necessary to carry out procedures and thereby further legitimize your right of ownership of this property.

I got the dacha from my parents, and it is not privatized. Can I sell it without registration?

Good afternoon By law, you cannot sell something that does not belong to you, since in this case there is no certificate of ownership. This document can be obtained after privatization, so it is necessary to collect the necessary papers and submit the appropriate application to the municipal institution.

May I know what are the deadlines for free privatization?

Hello! At the moment, the “dacha reform” has been extended and does not have a specific completion date, so you can calmly deal with the registration. The advantage is that the procedure is free and you only pay a state fee.

Since I do not live in Russia, and the dacha is registered in my name, the question is: can my parents privatize it without my presence by proxy?

Good evening! Yes, this is possible provided that a power of attorney is drawn up by a notary, who certifies the authenticity of the document with his seal.