- Amnesty? And what does the State forgive us??
- Simplified order
- Taxes. Why is our government so generous?
- Land registration
- Cadastral passport of the site containing the cadastral plan
- Registration of the boundary plan
- Registration of individual residential houses and buildings
For the fourth year now, Federal Law No. 93-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Simplified Formalization of Citizens’ Rights to Certain Real Estate Objects” has been in effect, which is popularly called “dacha amnesty”.
It’s generally good to get amnesty. This means the forgiveness of all sins and sins. But not everyone understands their happiness. Why don’t they understand, they just don’t know any guilt behind them. They live in their dachas, and they don’t blow a mustache.
What is “dacha amnesty”? What does it give, and what problems does it create? What you need to take full advantage of its benefits?
This is our article..
Amnesty? And what does the State forgive us??
Let’s imagine a completely trivial situation. A person received a plot of six acres in the second half of the last century. And now, decades have passed, one generation has replaced another. Various auxiliary buildings, a garage, a gazebo, or, as it is now fashionable to say, a “patio”, were built on the site. And the site became, as if by itself, more than a hundred square meters by two or three. It was originally almost seven hundred square meters, because it was “cut” by eye. And then the heirs, when they were changing the fence, “crawled out” to the neighboring potato field, cut a little bit of land.
According to science, such pranks of summer residents are called unauthorized construction and self-seizure of land. By the way, even in the time of Nikita Sergeevich Khrushchev, they could have been jailed for five years. I’m not kidding.
What if a check? And what happens? Here’s what. There are no necessary documents of title, which, according to the laws, must completely “cover” the surface of the site. Therefore, it can neither be sold nor inherited. And what was built, as if it does not exist. Therefore, you cannot even insure, let alone more radical things, such as buying and selling. And the only way to legalize, that is to make, as it were, legally visible, all these self-made “growths” on a modest grandfather’s allotment, could only be through the courts.
If, God forbid, you have experience of litigation over a summer cottage fence, or statements from neighbors who believe that your bathhouse is too close to their toilet, then you know that any stupid problem can grow in the “process of the century”, which takes a lot of time, and money, by the way, too. Yes, and the land itself did not belong to summer residents, but was given to them for an indefinite lease.
Feel the gravity of the guilt? Now we can explain to you what a “dacha amnesty” is.
The new law approves the only possible form of land ownership – property. And it becomes no longer important that the land was leased from the State, and that too much was added to it. Now the land can be registered as private property, and a certificate can be obtained. (Green color).
Only special-purpose land, protected natural reserves and other, of this kind, territories that are not subject to transfer to private ownership, in accordance with the Land Code of the Russian Federation are not subject to privatization.
There are also buildings in the Law. We will not quote, but we will say that the squatter has also received forgiveness, and can be registered without fines and complaints..
In this order, you can register ownership of a land plot, which was received by a citizen even before the entry into force of the new Land Code of the Russian Federation for the purpose of maintaining all kinds of personal farming, subsidiary, summer cottage, gardening, horticultural, garage or housing.
And these people used their land plots on the basis of an indefinite lease, life-long inherited possession, permanent use, and often, the land documents did not specify the right on the basis of which the land plot was granted.
The dacha amnesty removes this problem. All forms of land ownership, which are defined by archaic legal norms, or not defined at all, are transformed into a single norm, which is defined by a short and capacious word – property.
In addition, the dacha amnesty will make it possible, according to a simplified procedure, to register unauthorized buildings as their own, both those that already exist and those that are under construction, but only if such construction did not need to be obtained prior permission. We think that from the last proposal it became clear to you that we are not talking about residential buildings with all the amenities suitable for year-round living, but outbuildings, garages, saunas and even small country houses.
But dwelling houses erected or erected on land intended for housing construction, in particular for individual housing construction, located within the boundaries of settlements or household plots, can also now be registered in ownership much easier and faster. But this, as you know, is ideal. Real life is always full of surprises, mostly not very pleasant ones..
First of all, this is poor knowledge of the procedure by the employees of the registration authorities themselves. Despite the fact that it is already the fourth year, each clerk has his own opinion on the same question. And in this, as a rule, there is no fault, people. It’s just that the regulatory framework is poorly developed.
And the summer residents themselves, sometimes, do not even know where they have documents for land and buildings. Sometimes they are lost even by the grandfathers of the current applicants.
There are services that are expensive. In particular, land surveying will cost you a pretty penny.
Naturally, there are people “in power” who, for a “certain” bribe, will solve all your problems with collecting and restoring documents, and submitting them for registration of property rights. Or, most likely, they will recommend you their company, which will really do everything in the best possible way, and without cheating. But these are additional costs, and not small.
At the same time, outright fraudsters appeared who took all documents from people, supposedly for registration, the amount of an advance payment, and then disappeared. This kind of audience is always in abundance around the registration office..
Cases were recorded when the documents of the applicants and the powers of attorney issued by them were used by fraudsters to resell someone else’s property, or to illegally take possession of it. Therefore, be careful. Don’t trust random people. Apply for assistance only to reputable law and real estate firms.
However, if we discard such particulars, everything works..
Taxes. Why is our government so generous?
I wonder what we owe such a radical measure as the dacha amnesty? After all, it would probably be more cost-effective to simply check everyone, and even fine. It turns out no.
Around the world, authorities are closely monitoring that all properties are registered with a specific owner. After all, there is an axiom – “You cannot take taxes from ownerless real estate.” In other words, the procedure for ordering land tenure rights and property rights to buildings allows to optimize the collection of taxes on real estate objects actually owned, that is, land tax and real estate tax.
Now let’s move on to practical exercises..
In accordance with the Federal Law of June 30, 2006 No. 93-FZ “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Simplified Registration of Citizens’ Rights to Certain Real Estate Objects”, the dacha amnesty presupposes a simplified procedure for registering property rights to land plots and the real estate objects located on them.
This sounds very convincing. But in the realities of life, the registration of all the above-named objects is an endless staircase, consisting of both steps, from obtaining documents necessary for obtaining other documents, in order to submit them to state and municipal bodies authorized to issue the necessary documents.
Let us illustrate this at specific stages of the “long journey”.
First of all, it is necessary to collect a package of documents for their further submission to the Federal Registration Service. It includes:
- Application for registration of ownership;
- Payment order (receipt) for payment of the state registration fee in the amount of one hundred rubles;
- Identity document of the copyright holder (passport);
- Title deed for a plot of land.
This can be a document on the provision of a land plot to the applicant, or a certificate issued to the applicant for a given land plot, or an extract from the so-called “household” book, if the land plot was provided for running a personal subsidiary farm back in Soviet times, or another certificate establishing or certifying his right to a land plot.
Cadastral passport of the site containing the cadastral plan
This document should be emphasized.
Cadastral plan of a land plot – a map (plan) of a land plot, reproducing in graphic and text form information about a land plot when conducting state cadastral registration of a land plot and subject to certification in the prescribed manner.
To create a cadastral plan, a geodetic survey of the site is carried out, on the basis of which the so-called land management or land survey is formed.
As a rule, the owner of the site does not have a cadastral plan. He just didn’t need him. And now, suddenly it was needed. How to get such a plan?
To do this, the following documents are submitted to the Land Cadastre Service at the location of the site:
- Application for the registration of the site on cadastral registration.
- A copy of the payment order for payment of the state duty for cadastral registration.
- Boundary plan.
The last document should also be discussed in more detail. This is a very problematic document. First of all, the Federal Legislature gave the subjects of the Federation the right to independently establish the cost of land management work. And, often, this creativity in terms of pricing reflects the good appetites of local budgets.
So in the Moscow region, the cost of such work is legally established within 450 rubles per hundred square meters, but not more than 7,000 rubles. Agree that not a small amount runs up, even if the plot is only six acres.
Land surveying works represent the determination of its actual boundaries on the ground and their coordination with persons whose rights may be affected by the establishment of such.
In other words, you will have to bypass all the neighbors with whom you have common fences, and listen to all the grievances that have accumulated over the decades in relation to you personally and your deceased ancestors, and at the same time, manage to collect from them subscriptions that they are not against the current boundaries of your site. As you can imagine, this activity is not for the faint of heart.
The result of such a survey of neighbors will be a document confirming the absence of land disputes in connection with the location of the boundaries of the land plot, which is an annex to the land survey plan. Also a few words for clarity.
Registration of the boundary plan
The boundary plan must not only be made, but also issued. To do this, the local Administration or its authorized body are submitted:
- Certificate of registration of the right to this land plot (in the form of a notarized copy in 2 copies).
- Title documents for the site (in the form of a notarized copy in 2 copies).
During the years of Soviet power, this kind of documents of various types and forms were issued many.
Proceeding from the spirit and letter of the new Law, any documents confirming the fact of granting land for use to the fathers and grandfathers of modern landowners, by any authorized person should be accepted as such..
There may be the Decision of the Chairman of the State Farm, and the Decree of the Head of the Trade Union Committee of the plant, research institute or the Main Directorate of the Ministry, on the basis of which a gardening partnership was created. It may even be a resolution of the Head of the Council of Ministers.
As a rule, such old documents have long been lost or have become completely unusable. In this case, the Law provides for the receipt of an appropriate extract from the already mentioned “household” book, which was or should have been kept by local self-government bodies, and which, the extract, that is, must be certified by the current master Administration. This implies that the legendary “household” books just like this, easily, is on the shelf in the Administration, and is waiting for you to come for it. In reality, it turns out that she is not only not there, but, as a rule, the employees of the Administration do not even know what it is and where to look for it.
Having understood this, you will have to go to some archives, and look for traces of this incunabula there..
The situation is somewhat simpler with dacha cooperatives and horticultural partnerships, at least because they are not so old, unlike dacha plots, some of which were obtained back in the 30s of the last century. In this case, in order to obtain a boundary plan, you need to submit:
- A copy of a fragment of the general plan of a cooperative or horticultural partnership, which reflects your site, certified by the Chairman of the cooperative or partnership and his seal.
- Certificate of registration of this cooperative or horticultural partnership.
- A copy of the Minutes of the general meeting of the members of the cooperative or horticultural partnership, confirming the powers of its current Chairman.
- Copy of your passport.
- The act of agreeing on the boundaries of your site, executed according to a standard approved form, signed by all neighbors bordering you and the Head of the rural settlement to which your land belongs.
- Receipt of neighbors about their receipt of notification about the approval of the boundaries of your site.
After all the documents are collected, you can submit them to the local authority for registration of rights to real estate and transactions with it.
In accordance with the Law, even if there is a discrepancy between the data on the real area of the site at the moment, with those appearing in the documents for receiving the site, the local authorities of the Federal Registration Service are obliged to register it within modern boundaries. If you receive an unmotivated, in your opinion, refusal, then it can be appealed to a higher authority.
The only reason for refusal to register may be the provision of an incomplete package of documents for the land plot to the registering authority.
Registration of individual residential houses and buildings
In order to register the ownership of a residential house (summer residence) or an auxiliary building, the following documents should be submitted to the local authority of the Federal Registration Service:
- Statement on the form proposed by the Fed.
- Receipt for payment of state duty in the amount of 100 rubles.
- Your passport and a photocopy of it.
- The cadastral passport of this property, obtained from the BTI.
- Documents of title to the land plot where this residential building is located.
- Cadastral plan of the land plot on which the building is located.
All listed documents are provided to the FRS in originals and copies..
To register the ownership of ancillary buildings, garages, baths or summer garden houses, it is necessary to submit to the same authority a Declaration on the property with a description of its parameters in free form. This document is made by the owner independently.
In the absence or loss of the cadastral plan of the site, the following actions should be taken:
- Apply to the architectural department of the local Administration for a plan with the boundaries of your site.
- To issue a land survey. To do this, you need to contact a specialized and licensed organization. Its specialists will make all the necessary measurements, form and issue this document.
- After receiving the boundary file, submit the documents listed above to the Cadastral Chamber, where a cadastral passport will be drawn up for you.
All collected documents are submitted to the local authority of the Federal Registration Service.
This is how we got the amnesty.
In conclusion, we inform you that the dacha amnesty has been extended until March 01, 2015.