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Many urban residents have summer cottages outside the city on the territory of non-profit gardening partnerships (SNT). However, the possession of a land plot does not give the owner the right to dispose of it at his own discretion without proper registration. This means that all plots with residential buildings that were obtained before 2001, i.e. before the adoption of the Land Code and were not included in the Rosreestr, are not the property of the owner and can officially go to the state. This article will tell you how to register ownership of the land, what documents are needed for registration and how much the procedure for registering a summer cottage will cost the owner.
Status and land surveying
In accordance with 11 Art. of the Land Code, a land plot is a part of the surface of the earth, the boundaries of which are determined by law. All lands in the Russian Federation, depending on the intended purpose, are of seven categories. Summer cottages belong to agricultural land. According to the Federal Law, since the beginning of 2019, all summer cottage land plots have been divided into two types – garden and garden.
The first are intended for gardening and summer cottages. They are allowed to build a capital country house. Garden plots are intended for horticulture, without the right to construct capital buildings.
In addition, in 2019, amendments were made to the Land Code of the Russian Federation, which provide for the mandatory surveying of a summer cottage. Surveying is a procedure for coordinate-by-coordinate designation of the territorial boundaries of a site, followed by drawing up a drawing with a schematic representation of the construction objects located on it. Determining the exact area of the land plot, drawing up drawings and surveying is carried out by cadastral engineers. This procedure is necessary for the registration of a summer cottage in the real estate cadastre. The order of work and the regulatory framework are regulated by Federal Law No. 221.
Previously, land surveying was the most expensive part of the design of summer cottages, however, according to amendments to the legislation from June 2015 until the end of 2020, cadastral engineers will carry out these works free of charge.
Why do you need to design a suburban area
The amendments made to Russian legislation put the owners of suburban land plots and residential buildings on their territory before the need to register them. Without a properly executed right of ownership to a summer cottage, it will not be possible to perform the following actions with them:
- sell or rent;
- draw up a deed of gift and will;
- present as collateral for obtaining a loan;
- draw up an insurance contract;
- connect the necessary communications.
In order to avoid these situations, disputes with neighbors over the boundaries of the site, as well as the recognition of a summer cottage as illegal with its subsequent rejection in favor of the state, registration of a country house and land allotment is required.
What documents are needed to register a land plot
Not all summer cottages that were transferred to you or your relatives before the introduction of the Land Code were included in Rosreestr. To find out if the plot is registered, you need to enter the cadastral number or address of your land plot on the USRN website. If the boundaries of the site are in the cadastre, it can be privatized until December 31, 2020 according to a simplified scheme. To do this, the owner of the dacha, who is a member of the horticulture, needs to collect and submit to the Rosreestr or the MFC the following documents:
- Application for registration of rights.
- Scheme of the land plot with the exact indication of the boundaries.
- The final act, signed by the owner and neighbors, about the absence of claims regarding the location of the boundaries of the site.
- Evidence confirming the ownership of the plot (extract from the business book of the partnership, certificate of issuance of a land allotment, etc.).
- A document establishing the legal status of the land complex (taken from the SNT administration).
- Receipt for payment of state duty.
A simplified design scheme is possible thanks to the Federal Law, which entered into force in 2006 and is popularly nicknamed the “cottage amnesty”. The essence of this law is to legalize the rights of owners of land plots and real estate objects located on them, which for some reason have not passed state registration.
However, the “dacha amnesty” does not apply to sites located in nature reserves and natural parks, as well as on lands recognized as objects of cultural heritage and owned by law enforcement agencies or nuclear energy enterprises.
If the situation is reversed, that is, the plot is registered, but the house is not, then it is also possible to use the “cottage amnesty”. There are also many nuances here, but registration is required only for capital buildings.
Arranging a garden plot for rent
To register a leased plot, the first thing to check is whether it is limited in circulation and whether its boundaries are included in the cadastre. If everything is in order, you need to contact the landlord with an offer to buy. After the transaction, an agreement on termination of the lease and a contract of sale are signed. These documents are submitted to Rosreestr or the MFC to register ownership. Approximately in the same way illegally seized areas are legalized.
Making an abandoned site
Often in garden partnerships you can find abandoned plots. If the user of such a land allotment has not been issued any certificate confirming his right to this land, the legislation provides for the option of assigning an abandoned plot to a new owner.
The chairman of the garden partnership holds a meeting at which the members of the SNT vote for the withdrawal of abandoned land from the current owner and the assignment of the plot to another member of this partnership. The procedure for its registration is carried out in the manner prescribed by law.
How much does it cost to register a dacha
The terms for registration of a summer cottage and its state registration are strictly regulated by Federal Law No. 218 and range from 3 to 10 business days, depending on the form of submission of the necessary documents. Statement on the cadastral registration is carried out without charging a fee from the applicant. However, for the registration of rights, a state duty is provided, established by the Tax Code of the Russian Federation.
The minimum duty in the amount of 100 rubles will be paid by individuals registering shared ownership of an agricultural plot. When registering a summer cottage, a private person will have to pay 350 rubles. Registration of a land allotment with a capital building built on it or a plot for individual housing construction will cost 2 thousand rubles. In addition to the state duty, when collecting the necessary documents for registering property rights, you need to pay 750 rubles for an extract from the USRN.
The legislation provides for the following categories of citizens who are exempt from paying state duty:
- individuals recognized as poor in accordance with the Housing Code;
- veterans and invalids of the Great Patriotic War;
- concentration camp prisoners;
- persons who have vacated residential premises in connection with the renovation of the housing stock.
In conclusion of the article, it should be noted that the simplified scheme greatly facilitates the procedure for citizens to register ownership of summer cottages and buildings located on them. Recall that the State Duma adopted the amendments and extended the “dacha amnesty” until March 1, 2021.