Until what period is the dacha amnesty valid? Dacha amnesty: how to register a house and plot

The dacha amnesty today is free legal registration and subsequent registration of property rights to real estate in a simplified manner. Such Government program applies to a number of land plots and buildings located on them that are not located within the city. Regarding the legal side of the issue, the process is fully regulated by current regulations Russian legislation and is focused on protecting the rights of citizens.

Since the issue of canceling the dacha amnesty has been quite acute for the last few years and this program could have already been canceled in 2016, many today are interested in what year the dacha amnesty is valid until and how long it has been extended. Considering the fact that the program will be canceled sooner or later, some people should hurry up and start applying immediately, since the procedure takes a lot of time.

First of all, those who have old samples of title certificates and citizens who have owned real estate for more than twenty years, but have not properly registered it in their name, should act. In the latter case, it does not even matter on what grounds the property was once acquired.

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What objects are included

• The law that affects the dacha amnesty approves the categories of real estate that fall under this program. These include:
• Individual construction projects that are not used for entrepreneurial or commercial activities (bathhouse, garage, gazebo, barn, etc.);
• Elements of partial buildings (canopies or walls);
• Buildings erected on land plots intended for individual housing construction;
• Any other buildings located on the territory for individual housing construction;

The dacha amnesty procedure is also relevant for property owners who need to annex, properly register, carry out land surveying and register land in their name. However, here it is necessary to take into account the nuance according to which the attached objects should not be Furthermore the object to which they are attached. That is why important stage land surveying serves here. Despite the fact that the dacha amnesty is provided free of charge, all associated procedures, including land surveying, will still have to be paid for.

What to prepare in advance

To apply for a dacha amnesty, so that the procedure goes as quickly as possible, you need to prepare documents in advance. The main list of documents provided includes:

Some cases are excluded from general list cadastral documentation, for example, when real estate was provided to the owner many years ago for economic work, for construction or reconstruction.

The issue with documents is individual and full list will directly depend on the circumstances of receiving the property, the presence of connections and other nuances. You can find out exactly what papers are required in each individual case by contacting the relevant territorial authority.

Important Features

It is impossible to take advantage of the dacha amnesty to register land plots or buildings belonging to the category of nature reserves, environmental parks, cultural monuments or valuable objects. In addition, you cannot register the land on which government structures are located as your property. The only thing you can do in in this case, is to conclude a lease agreement with the municipality, paid or free of charge.

Citizens may also encounter difficulties at the stage of preparing the required documents, in particular, if necessary. In many cases, an extract from the business book becomes very useful, which should be obtained from the local government body at the location of the property. It is important to take into account that if such a document cannot be obtained, then the free dacha amnesty will become impossible and it will be possible to register the property only after its purchase.

Land surveying is a mandatory procedure if such a procedure has not been carried out within the last five years. Thanks to it, data on the boundaries of the territory is documented so that in the future there will be no questions or conflicts with neighbors.

Mandatory declaration

Measuring the total area of ​​a real estate property is a mandatory procedure for registering it under the dacha amnesty with the subsequent recording of this information in a document. Afterwards, all information about the objects must be declared.

Only after filing the declaration will ownership be considered truly legal. Such a document is registered simultaneously with the main submitted list of documents. If a person registers both land and buildings in his name, he must fill out a declaration for each object separately. Without filing it, even under the dacha amnesty, citizens will not have the right to fully dispose of their property, even if we are talking about inheritance.

The declaration is filled out manually on an approved government form. All fields must be filled in; no corrections are allowed. The main information entered is:

• Address of the location of the property;
• Type of property and its intended purpose;
• The number of floors of the building, what it consists of and whether communication systems are connected.

The document is submitted in two copies, even if, under the dacha amnesty, the right to individual construction is registered without obtaining the appropriate permit and the land was initially used for individual housing construction.

Until what time was it extended?

Since the dacha amnesty is a simplified legal mechanism for registering proprietary rights to plots of land and residential real estate, refer to this issue follows on federal legislation, in particular to Law No. 93 of June 30, 2006.

Now the dacha amnesty program is still in effect, and for residential buildings it should be noted that the process has been extended until 03/01/2018. This is taking into account the fact that the amnesty should have ended back in 2015. The current law allows, with the help of a dacha amnesty, to register construction projects without obtaining permission for their construction and commissioning. If a person does not have time to complete the registration before the specified time, the process will be significantly more complicated for him and very expensive.

Speaking about the registration of property rights under the dacha amnesty for land, the summer of 2014 should be last chance. However, this period was extended until December 31, 2020 inclusive.

It is difficult to predict whether the specified period will be extended further, but as long as the law allows, it makes sense to start processing, since waiting may bring unwanted news.

Regarding land

The law also regulates that the dacha amnesty program affects only real estate acquired before October 30, 2001, when the Land Code Russian Federation has not yet come into effect. To do this, it is necessary to obtain title documents for this property and carefully study them, finding in them information about on what basis the ownership rights were obtained. In the absence of the necessary data, it will be considered that the land has been provided to an individual for unlimited use.

If we are talking about documented or perpetual use, there will be no problems with registering proprietary rights. However, every citizen should keep in mind that there are certain restrictions. For example, it is impossible to register property that has been withdrawn from circulation or is in limited circulation.

It also happens that there are no real estate documents at all. In this situation, you should submit an application to the local government with a request to provide an extract from the business ledger. Based on such an extract, a dacha amnesty will be issued further. If the plot is owned by a dacha association, the same application should be submitted there.

Regarding houses

Separately, it is necessary to consider the rules for registering ownership of residential buildings, which act as objects of individual housing construction and are located on the territory with the same purpose. In some cases, assignment to the management of subsidiary private farms is allowed.

The Town Planning Code of the Russian Federation states that a residential building must be built on land intended for individual housing construction. The building must not have more than three floors and must be intended for permanent residence of one family.

To register rights, an application and documents must be submitted to the territorial body of Rosreestr at the location of the real estate property. A permitting document is not needed if the owner has time to complete everything before 03/01/2018.

Personal appearance when submitting an application and documents is not required. You can send a proxy with a notarized power of attorney, use the services of a post office, or, without leaving your home, submit an electronic request through the official website of government services. All copies of documents must be certified by a notary.

Difficulties you may encounter

Undoubtedly, every property owner who wants to register it under the dacha amnesty should know in advance what difficulties he may encounter in order to be prepared. These include the discrepancy between the information about the area in the title documents and the real picture, which is easily determined when. This happens because in the nineties the land was provided without such strict measurements as now, that is, the area was approximate. Dacha amnesty, to whatever year it may be extended in the future, does not establish requirements regarding the area.

On this moment this is unacceptable and can lead to a lot of troubles and conflicts. This is why defining clear boundaries is so important before obtaining a title deed. However, it is worth considering the fact that if, according to documents, the area of ​​the territory is significantly smaller than in reality, then even after land surveying it cannot be documented to increase it by more than one value of the maximum permissible norm. Moreover, if documents are submitted without land surveying, this is not a reason for refusal government agency in registration. In fact, the most a big problem may arise in relations with neighbors who have the right to go to court to establish boundaries.

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Many people are interested in the question: until what year will the dacha amnesty last? This question requires some clarification. We advise everyone who has not yet managed to obtain ownership of land and buildings under a simplified procedure to carefully read this article.

About the timing of the dacha amnesty

“Dacha amnesty” is a simplified legal mechanism for registering ownership of a number of land plots and residential real estate, introduced by Federal Law No. 93-FZ of June 30, 2006. As for housing (namely individual residential buildings), the validity period of the dacha amnesty has been extended until 03/01/2018 (previously it was planned to be completed by March 2015). This means that before this date it will be possible to register the right to a house, even if it does not have permission to put it into operation. When registering ownership of a house after this date, this document will have to be submitted to the registration authority.

Dacha land amnesty

The dacha amnesty applies to land plots that were received before October 30, 2001, that is, before the Land Code of the Russian Federation came into force.

Now we carefully look at the title document for the site and look for information about what right it is granted. If such information is not available, then general rule the plot is considered provided on the right of ownership, except for cases where the law provides that these plots cannot be owned by citizens.

If the allotment is granted on the basis of the right of lifelong inheritable possession or permanent (indefinite) use, then it can be registered as property.

But here you should remember the restrictions: plots that are withdrawn from circulation or are in limited circulation cannot be registered as property rights.

But what if there are no documents for the plot at all? In this case, you need to contact the local government and ask for an extract from the business ledger. It is this extract that will be the title document for your allotment. But if this book does not contain information about the plot, then you will have to buy the land at market value.

In practice, there are situations when land plots are owned by a gardening partnership. In this case, to register ownership rights, the citizen must contact the relevant local government body with an application.

The following must be attached to the application:

• description of the boundaries of the site (drawn up by the applicant);
• decision of the board of the partnership that this site belongs to the applicant and the boundaries described by him are correct.
• if previously none of the members of this partnership applied for registration of ownership rights, then the body has the right to request from the partnership constituent documents(in particular, a certificate from the Unified State Register of Legal Entities) and title documents for the site.

The period for consideration of the application should not exceed 14 days.

Dacha amnesty for a residential building

Let's figure out what the simplified procedure for registering ownership of residential premises is.

First, let's look at the rules for registering ownership of residential buildings that are objects of individual housing construction (IHC) and built on a site provided for individual housing construction or for running a personal subsidiary plot.

The Town Planning Code of the Russian Federation specifies that the “result” of individual housing construction must be separately standing house, no more than 3 floors high, intended for single-family residence.

In order to register ownership of a residential building - an individual housing construction project, which is located on a site intended for individual housing construction or running a personal subsidiary plot, a citizen must submit a corresponding application to the territorial body of Rosreestr at the location of the site.

Attached to the application following documents:

• a document confirming payment of the state duty (the state duty is 200 rubles. But if you additionally register a land plot, then add another 200 rubles);
• applicant's passport;
• power of attorney for a representative;
• cadastral passport for the construction site;
• title document for a land plot. It is provided only if the land plot is not registered in the manner prescribed by law. If information about the site is in the Unified State Register, then such a document is not attached to the application.

Until 03/01/2018, in order to register ownership of a residential building - an individual housing construction project, it is not necessary to submit a permit to put the house into operation.

Statement with everyone necessary documents may be submitted personally by the applicant or his representative or sent by mail. the applicant or his representative can submit to Rosreestr in person or send by mail. When sending a package of documents by mail, the citizen’s signature on the application must be certified by a notary.

A different procedure applies if you plan to register ownership not of an individual housing construction project, but of an ordinary country house or garden house built on a plot of land intended for dacha farming or gardening. Construction on such plots does not even require obtaining a permit.

Consequently, in this case, the documents that will be needed for registration are a certificate of title to a land plot (of ownership, of the right of lifelong inheritable possession or of the right of permanent (perpetual) use) and a declaration for construction.

But if your land plot is already registered and information about it is contained in the Unified State Register, then you do not need to provide a certificate. However, if the certificate is an old one, then you should take the original with you when writing an application for registration.

The applicant fills out the declaration for the property independently. Its sample can be taken on the official website of Rosreestr or obtained from any territorial body of Rosreestr (See What is the procedure for registering a house under the dacha amnesty (sample declaration)?).

Moreover, the Rosreestr authorities do not check the information entered by the citizen in the declaration; no on-site inspection will be carried out.

Difficulties in registering real estate under the dacha amnesty

1. The information specified in the title documents for the plot regarding the area of ​​the allotment differs from what actually exists.

   This is due to the fact that in the early 90s of the last century, plots were issued without appropriate measurements, one might say, “by eye.”

   In this case, we carry out land surveying. The legislator “allows” to increase the total area of ​​the site. But! The increase can be no more than 1 value of the minimum allowable plot size for a specific category of land.

   If the boundaries were not determined at all in the manner prescribed by law, then an increase is possible by no more than 10% of the area of ​​the site, which is registered in the state real estate cadastre.

   Remember: discrepancy between the actual area and the size of the plot indicated in the documents cannot serve as a basis for refusal to register property rights.

2. I. wants to purchase a plot of land from A. But the whole problem is that a new type of certificate of ownership has not been received for the land plot; there is only a document dating from the 90s. What should I do?

Firstly, in the old-style document we are looking for information about the right to which plot A was provided; If it's property rights, then everything is fine. If not, then we look to see if the site is in restricted use or if it has been withdrawn from circulation. If not, then it is considered that such plots are provided on the basis of ownership. We've sorted out the document.

Secondly, A. will not be able to formalize a transaction for the alienation of a land plot if it is not registered in the manner prescribed by law and information about it is not entered into the Unified State Register.

Thus, the sequence of actions is as follows: first, A. registers ownership of the plot, then a purchase and sale agreement is concluded and the transfer of ownership to the new owner of the plot is registered.

The extension of the Law on Dacha Amnesty is quite a good help for those who have not yet managed to register ownership of real estate.

In addition, unlike, for example, privatization, an unlimited number of objects can be registered under the dacha amnesty.

A minimum of documents, a single window for submitting applications and the speed of registration of property rights - these are the main advantages of the dacha amnesty, which are decisive when citizens choose this method registration.

The period of preferential registration of suburban buildings was already coming to an end when new amendments were adopted. Now the dacha amnesty has been extended until 2020. What should you do if you are the owner of an unregistered dacha or country house and do not want litigation in the future?

Latest news on dacha amnesty

In February 2018, the bill allowing the registration of certain types of real estate under a simplified system was extended. Now owners of individual housing construction objects are allowed to undergo the procedure before 03/01/2020

What is a dacha amnesty?

First, let’s understand the concept of “dacha amnesty”: what it is and who needs it. A similar name was given to a law adopted back in 2006. It allows you to register property that you already use as your property under a simplified system: the latter includes land plots and buildings or residential buildings built on them. At the right approach

The law on dacha amnesty (Federal Law No. 93) will save you from problems when making transactions. Thanks to the Federal Law, owners have already registered more than 3.5 million rights to houses; total

registrations exceeded 10.5 million. Due to the demand for the procedure, the question arose about extending the law.

Also, a project was submitted to the State Duma, according to which the privatization process would be made easier for country houses. He assumed that there would be no need to obtain permission for construction and commissioning: it would only be necessary to notify local authorities that construction was completed. But, although the bill was approved in the 1st reading, it was not received by the required deadline for the 2nd reading.

You can learn more about how the amnesty was extended until 2020 from the video:

How the clauses in the Federal Law on dacha amnesty changed

Initially, it was assumed that the validity period of the Federal Law would be 5 years, but the completion date was postponed 3 times. The next extension took place on February 22, 2018, and the resolution had to be adopted in a short time. At the same time, since 2006, amendments have been made to the Federal Law, and some of the original clauses have lost force.

• In 2017, the following requirements came into force:
• When registering, you must register the building with the cadastral register. To design residential buildings you need.
• Is the right to land recorded in the Unified State Register of Real Estate? You will not need a title document. In other cases it is presented.

Since 2017, in order to register a summer house or garden house, it is required to provide a technical plan. It is compiled by a cadastral engineer; no building permit will be required.

When creating a technical plan, information is drawn from the declaration submitted by the owner. The cadastral engineer must have permission from the SRO to draw up a technical plan. If necessary, check its availability on the Rosreestr website.

The 2018 edition implies the following:

• Permits for commissioning are not required.
• To complete the procedure, you will need a technical plan and a document certifying the right to own the land.
• It is stipulated that regions are allowed to set a maximum cost for services for drawing up technical plans. This means that you don’t have to worry about overpricing: the upper limit will be limited. True, during the discussion the deputies noted that the engineers demand additional payment “in an envelope.”

How much do cadastral works cost?

After the cancellation of the dacha amnesty did not take place in Once again, regions were allowed to set upper limits on prices for cadastral work. True, this only applies to land plots. Now the level of expenses depends on the area:

• For the Moscow region, the maximum price limit for cadastral work is 7 thousand ₽. The calculation is made according to the principle 450 ₽ per sq. m., but this is the upper limit (you may find it cheaper).
• If the object is in Leningrad region, then the calculation scheme works, taking into account a number of factors. Those include the basic cost of the service, regional coefficient, determined by proximity to the regional center, and an adjustment for the deflator coefficient.

As for the duration of the work, it does not take more than a week.

Who is eligible for the extended dacha amnesty?

Legalization will be made by owners of plots that were received before the end of October 2001. The opportunity to collect documents and go through the procedure not on a general basis is needed by owners of private houses, garages, and suburban areas. While cottage owners immediately worry about legalization, those who received land from their parents and built a house on it do not register: without a dacha amnesty, the procedure was long and expensive. As a result, you have a building, but no documents.

Another situation is also possible: the parents lived in a private house outside the city and improved it. Did they decide to sell their property and move in with their children because of their age? Problems will arise, because 30-40 years ago property rights were not registered. And without documents, it’s difficult to even resolve a dispute with a neighbor if he has erected a fence and seized part of your land. In addition, taxes are not assessed without registration: if you pay on time, the amount is small, but later fines will hit your pocket.

A simplified procedure will prevent these problems. Under the dacha amnesty, the following objects are allowed to be registered:

• land plots for individual housing construction and houses built on them, and they can be located both in the city and in towns or villages;
• garage construction;
• subsidiary farm;
• small buildings and outbuildings such as bathhouses, sheds, garden houses.

There is an opportunity to legitimize summer cottages in garden partnerships or cooperatives along with the buildings located on them.

Why register under the dacha amnesty: all the pros and cons

If you legitimize an object, you will note the following advantages:

• thanks to the simplified scheme, difficulties are minimized;
• After the procedure, you will be able to manage objects and make transactions;
• In the future, there will be no difficulties when entering into an inheritance.

True, you will have to pay taxes, but evasion will not help you save.

There are practically no disadvantages to the legal registration of objects. Thanks to the dacha amnesty, you will register your property rights, because illegal buildings will eventually come to the attention of Rosreestr. Without necessary documents plots can be considered as squatters, and structures - as self-construction.

Should we rush: new terms for dacha amnesty

After the extension of the dacha amnesty, questions arose about when property owners can apply to legalize their property. The law provides for the following deadlines:

• if you have a plot that is part of a dacha or gardening partnership, then you have been given time until December 31, 2020;
• for those who received land for personal use before the Land Code came into force ( October 30, 2001), no restrictions;
• owners of private houses must be in time before 03/01/2020.

First, make sure you have proof of ownership. In some cases, owners are worried that they have old paper. But, if it is certified by the appropriate local government authorities, there will be no difficulties.

What to do if not the required paper? The following methods are at your disposal:

• Take an extract from the business ledger. To obtain, contact your local government.
• Buy the plot.

What does this mean for owners? The bottom line is this: owners of objects who have old-style papers receive guarantees of successful completion of the procedure. The legal force of documents issued earlier is not lost.

Is it worth replacing the old certificate with a new one?

If you receive a new certificate, it will contain more detailed information. But this does not mean that old documents become invalid.

It is important that since 2016, certificates are no longer issued: instead, you will receive an extract from the Unified State Register of Real Estate. If you are not sure that the objects are registered, order the required document.

Old-style certificates are suitable for registering a plot of land under the dacha amnesty

If the land is not registered, it will be difficult to sell it. But the problem can be solved: for example, a double procedure is available, and during the registration of rights to an object, you will also register their transfer to the next owner.

Is it necessary to do land surveying in order to fall under the dacha amnesty?

The need to survey the site was stipulated in the original version of the law. But this obligation was abolished back in 2007, which simplified the procedure.

True, the consequences may be unpleasant: if the boundaries are not clearly defined, they will need to be clarified when selling or donating. If controversial situations arise, the discussion will also discuss approximate boundaries. As a result, although land surveying is not a mandatory procedure, owners do it in advance if the documents do not contain certain instructions.

Land surveying carried out in the following order:

• Contact a specialized organization or directly a cadastral engineer. Prepare a package of documents: passport and copies, a document confirming ownership of the property. If you are not the owner, you will also need a power of attorney; V in some cases additional information is required.
• Neighbors' consent will be required. If you cannot contact them (for example, they do not come to the dacha), you will not have to look for their addresses thanks to changes in legislation from 2008. The issue will be resolved by the employees performing cadastral work. They will send a request to Rosnedvizhimost and receive the addresses of their neighbors. If information is missing, land managers submit an advertisement in the local newspaper. It is their responsibility to compose it and coordinate publication with the editors. You only have to pay to place the ad.
• After the work is completed, wait for the production of the boundary plan, and the form (paper or electronic) will be discussed at the stage of concluding the contract.
• If the boundaries have changed, you will have to submit the document to the Land Resources Committee for approval. After that, it is registered in the cadastral register and changes are made to Rosreestr.

Keep in mind that the procedure takes more than one day. Based on the results, the engineer will prepare papers on the basis of which the site can be registered in the cadastral register. But difficulties arise in the process, and you have to spend time overcoming them. If you intend to sell the plot, then having to wait will discourage the other party.

Important information:
with a discount it will be 30% lower. ...Passport prices for 5 or 10 years are determined not only based on geographic features and type of certificate, but also on the age of the future document holder. If the old-style passport...

How to register a house under the dacha amnesty

According to the law, you can apply using a simplified system residential buildings individual housing construction. The criteria include a building no higher than 3 floors, suitable for living by 1 family; however, it must be free-standing. The building may be located on a site provided for the following purposes:

• individual residential construction;
• farming.

To start the procedure, contact the Rosreestr office; You can check its location by following the link. Also collect the following documents:

• a declaration that you will fill out in advance;
• title document;
• technical plan.

Don't forget to take your passport and copies along with SNILS. You need to write a statement that you want to register ownership and pay the state fee. The official period for providing the service is 10-12 working days.

Since 2017, owners of land plots also provide a technical plan; it is compiled by a cadastral engineer.

Submit documents in person at the branch or send by mail. In the latter case, the notary must first verify your signature.

Dacha amnesty: how to register a house in SNT

Property owners are also wondering how to register a house in SNT. It is important that during construction in SNT, only residential buildings can be erected, and not houses. The differences are as follows:

• You can live in a residential building seasonally;
• registration in this case is not provided;
• Carrying out gardening work on the site is a prerequisite.

How to register country house under the dacha amnesty? Follow the procedure:

• Determine if there are any problems personal plot: If they are separated, then there will be no problems.
• The next step is to contact the cadastral bureau or an engineer, and surveyors will go to the site. After filming and internal measurements carried out by employees, you will sign a declaration about the property.
• The cadastral engineer will issue a ready-made technical plan, both in paper and electronic form.
• After this, collect a package that will include the listed documents, a copy of the applicant’s passport, a disk with the plan and a receipt for payment of the state fee. They must be transferred to Rosreestr; as in the previous case, this can be done in person or by mail.

Your home will be fully decorated in 10-12 business days.

What is SNT? The abbreviation stands for “garden non-profit partnership.”

Sample documents

Is a building permit required?

According to the provisions of the dacha amnesty, it will not be necessary to provide a building permit document. This even applies to residential buildings, although not all are covered by the laws. Nuances specific cases check with Rosreestr.

As for non-residential buildings, garages, sheds, to register them, fill out a declaration and provide the necessary information. Then attach documents confirming ownership of the plot and an application.

In what cases is it necessary similar procedure? Let's say you received a plot of land from your parents on which there is a 2-story residential building without communications. The building, erected 25 years ago, has not been formalized. But it represents a piece of real estate that you will want to sell, give as a gift, or leave as an inheritance. Therefore, it is advisable to obtain official rights while the simplified scheme allows this.

Services are provided on a paid basis - 350 ₽ per object (state duty).

How to register a land plot according to the current scheme

On non-specialized websites they claim that privatizing a plot of land under a dacha amnesty will not be difficult. Indeed, you will need the following documents:

• statement;
• applicant's passport and copies, SNILS;
• title document.

Formally, the old-style certificates of ownership continue to be valid. But in practice it may turn out that instead official document there is only old paper, on which 50 years ago the chairman of the village council made a handwritten note about the allocation of a plot to your grandfather. Take any document you have and go to Rosreestr: they will give you advice.

List of papers for the procedure

What to do if there is not even an extract from the household ledger or paper with a handwritten note? This does not mean that you will not be able to take advantage of the dacha amnesty. Go to the local administration: they must advise you who to contact.

After submitting the documents, you will be given a certificate of ownership, and it will be issued even if relatives received the land for use.

How easy is it to register real estate under the dacha amnesty?

Although amnesty seems tempting, practice shows that some cases baffle even experienced officials. Often you have to order technical plans, which leads to additional costs. If you have a residential building that is occupied by 2 families, then it does not fall under the dacha amnesty at all. Problems also arise with land surveying if a conflicting neighbor turns out to be against it.

What to do in such cases? You can get a consultation at the survey center. Employees deal with every day practical nuances, so at least they will help you navigate.

How to register a dacha under the dacha amnesty: a real story

05/03/2018 Elena

Relatively recently, I decided that the family needed a dacha. My husband and I consulted and bought a plot in the Moscow region. We built a house on it, where we live in warm time of the year. But they didn’t take care of the documents in time - they hoped for a Russian “maybe.” But the further it went, the more worried I became.

After a long search on the Internet, I finally found the instructions and was delighted. It turns out that thanks to the dacha amnesty, you need a minimum of paperwork:

• certificate of land ownership;
• passport and its copies;
• SNILS;
• technical plan

I didn’t have the last one on hand, so I went to a company doing cadastral work. The price was not pleasing - 8 thousand ₽. Luckily, we don't have a barn that would have to be registered either. After all, then the cost of the service would double! I was worried that the outdoor toilet and outdoor shower would need to be decorated separately, but they reassured me. These structures do not constitute real estate.

Then I wrote a statement that I wanted to register the rights to real estate. I submitted it at the Multifunctional Center: you can send documents for the dacha amnesty using the Internet, but I prefer traditional ways. As a result, I paid the fee, handed over the package and received the certificate 2 weeks later. Now I am calm!

Conclusion

Thanks to the extension of the dacha amnesty, you will register your property rights without unnecessary documents. The procedure will help those who have not registered real estate on a general basis. Since it is valid until 2020, you will collect missing documents and prevent problems. Although it is not necessary to register real estate under the dacha amnesty, it is advisable to go through the procedure.

Dacha amnesty is a term that defines simplified property registration system property that the citizen is already actually using. The procedure is regulated Federal laws №47 (from 02.28.15) and №93 (from 06/30/06).

Links to all laws as amended:

It was originally intended that it would be valid for only 5 years, but the final date of registration has already been postponed three times. According to Rosreestr, since 2009, the amnesty of dacha plots has helped 10.5 million citizens, which confirms the demand for the program.

According to the law, simplified registration applies to:

• Land.
• Capital and outbuildings built on them.

Dacha amnesty after March 1, 2018

The law has been changed several times since 2006. The changes made require:

• Simultaneously with registration, install a plot or building for cadastral registration.
• Since January 1, 2017, paperwork has been completed based on technical plan- a document made by a cadastral engineer.
• Additionally needed land ownership documents And building permit. Until 2017, buildings were registered on the basis of one declaration.

Dacha amnesty extended until 2020

February 2, 2018 The State Duma of the Russian Federation in the 3rd reading adopted a draft amendment to 93 Federal Laws on dacha amnesty. They come into force on February 28, 2018. The extension of the dacha amnesty was also supported by the President of the Russian Federation; the program is valid until March 1, 2020. You can legalize your rights to real estate with a minimum of documents. For temporary buildings and structures that are not suitable for permanent residence, a building permit is not required.

After completing the program for real estate registration the procedure will become significantly more complicated. The registration chamber will deal with cadastral registration.

Pros and cons of registration

Arguments for":

• The registration procedure is simplified as much as possible: there is no need to conduct additional examinations. Enough assembled package documents and initiative of the owner. Only a fixed fee is paid for processing documents - 350 rubles.
• In any case, the owner is not exempt from land tax. It’s easier to register your property and sleep peacefully.
• The ability to freely dispose of your property.

Arguments against":

• Tax evasion is imaginary savings. If the property is discovered, you will have to pay a fine, or even double land tax.
• No transactions can be made with unregistered objects: donate, sell, take out insurance. Difficulties will also arise when entering into an inheritance.
• After 2020, the procedure for legalizing “squatter construction” on sites will become more complicated.

How to register a house under the dacha amnesty

To register property, you can send documents online by registering on the Rosreestr website. It is also convenient to interact with MFCs - multifunctional centers where documents can be brought in person.

Find your nearest Multifunctional Center on the map:

Or you can send a letter by mail, attaching a list of papers and ordering notification. Registration of the dacha amnesty will not take much time. The certificate will be sent to the Rosreestr archive, and the owner will be given a simplified extract.

Check, Is the property registered in the cadastral register?, you can go to the Rosreestr website in the “Reference Information” section by entering the address of the object. If there is no information, you will have to collect documents to register.

Documents for dacha amnesty

The legal procedure is carried out by the Rosreestr authorities.

Required package of documents:

• Statement.
• Cadastral information about the plot and buildings.
• Documents of title (document on lifelong use, inheritance, purchase and sale agreement, decision of the local council, etc.).
• A check confirming payment of the state duty (350 rubles).
• Passport, TIN.

We provide examples of all these documents below.

Application form for dacha amnesty: Declaration of real estate property

Sample of filling out the declaration:

Cadastral passport of a land plot (what the document looks like, example)

Certificate of state registration of rights to a land plot (what the document looks like, example)

Details of the CENTRAL OFFICE OF ROSRESTR for payment of state duty

TIN 7706560536 / KPP 770901001;

Interregional operational UFC (Rosreestr);

Name of the bank: Operations Department of the Bank of Russia, Moscow 701;

BIC 044501002;

sch. No. 40101810500000001901;

OKTMO 45381000;

KBK 321 1 08 07020 01 1000 110

Before paying the state duty, check the data on the Rosreestr website

Important! Since January 2017, the owner of the land plot must provide a technical plan. This is the competence of cadastral engineers. The specialist must have permission from the SRO to draw up a technical plan - you can check this information on the Rosreestr website.

The procedure for registering a house in SNT

It is easier to register a house in gardening, if it belongs to a partnership or cooperative, with local authorities. How to register a garden house under the dacha amnesty:

1. Obtain a building permit. First, a topographic survey is carried out and an application is submitted to draw up an urban planning plan for the land plot - the procedure will take up to 30 days. If everything is in order, the SPOZU (land plot diagram) is completed - it must be submitted to the MFC and an application for a permit must be written.
2. The second stage is the preparation of a technical plan. This is done by a cadastral engineer at the BTI or a private company - it doesn’t matter. The main thing is that the specialist has permission from the SRO for this type of activity.
3. Collect title documents for the site.
4. Fill out an application for registration and cadastral registration. Documents are submitted to the MFC (in person or by mail). Wait 10-12 working days.
5. Attach a receipt for payment of the state duty (350 rubles).

On average, registration takes 2-3 months.

How to register a plot under the dacha amnesty

How to register land under the dacha amnesty:

1. Collect a package of documents: cadastral information about the site, title documents for the land, pay the state fee.
2. Cadastral certificates are not required if: the plot has already been registered, the plot has been allocated by the partnership and a certificate from the board of the organization is attached (indicating the intended purpose of the land).
3. Provide documents to the MFC, write an application for registration.
4. Registration will take 10-15 days. During this period, specialists must check the accuracy of the information, enter the data into the database, and identify possible owners.

You can register a plot for the first time for free. Then registration will take place on a paid basis.

Sometimes owners receive refusal, the most common reasons are as follows:

• False information about the boundaries of the site.
• Incorrect plot size.
• Changed purpose of the land plot.

Most disputes are resolved by re-issuing documents. It is necessary to visit the municipality and make an extract from the business book. If it does not contain information about the allotment, the property will not be registered. You'll have to buy your own land.

How to design a bathhouse

You can apply for a bathhouse under an amnesty if the structure is permanent. If the building has a foundation, it will be difficult to move it; it is better to register it. When expanding or rebuilding a structure, changes must also be made to the documents so that there are no questions about the legality of the facility. Sheds and bathhouses without a foundation are not required to be registered. According to the law, the owner of the site has every right to erect temporary buildings. If you decide to design a bathhouse, you need:

1. Register with cadastral engineer technical plan.
2. Contact the MFC.
3. Pay the state fee, fill out the registration application form.
4. Take your passport with you.
5. Registration will take 10 working days.

What happens if the house is not registered as a property?

The registration procedure after the end of the amnesty will be more complicated and more expensive. You will have to obtain permission to put the building into operation. For this purpose, a commission of specialists is formed. The document will be issued only if all construction standards are met. Then - a visit to the registration chamber for cadastral registration. And only then draw up a technical plan and visit the MFC. At least 2 months longer and obviously more expensive!

Important! Without registration of real estate, a person will not be able to dispose of his own property: exchange, sell or inherit.

Third extension of the law promises to be the last, so people who did not have time to take advantage of the dacha amnesty should hurry up.

There is a lot of confusion surrounding the concept of “dacha amnesty”. In fact, this is an opportunity to register ownership of some real estate in special order. Let's figure out what it is, what documents you need to have, and why it is better to register your rights to a land plot and a built house as quickly as possible.

So, for whom does the dacha amnesty make life easier, what is it from a legal point of view, and what does the period of its “extension” until 2018 mean? Judging by the reviews, not everyone understands what its essence is and what advantages it provides.

First of all, it should not be confused with free privatization, this is a completely different topic. Dacha amnesty is for those who actually already own a plot of land acquired before October 30, 2001 (the adoption of the Land Code), and can confirm this with documents.

What's the point?

By current legislation, any real estate is subject to state registration: land plots, residential premises, garages, bathhouses, outbuildings. Information about them must be entered into the state real estate cadastre (GKN) and into the state register of registration of rights to real estate (USRE). These actions are carried out by the bodies of Rosreestr: the cadastral and registration chambers. Cadastre and register data are open. Any interested user, such as a potential buyer, can request an extract from them to ensure the integrity of the seller.

According to the law, it is impossible to register ownership of real estate if information about it is not in the State Property Committee. Their presence is confirmed by a cadastral passport. It is possible to register an object for cadastral registration only on the basis of technical documents:

• for a land plot - this is a boundary plan;
• for a built house - technical plan.

Obtaining them is relatively lengthy and expensive procedure. The essence of the “dacha amnesty” is that you can get a land certificate without land surveying. For built objects, the conditions are different, read about this below. The following video will also help you understand the topic in more detail.

What objects fall under the “dacha amnesty”

The land plots that our citizens received before 2001 are conventionally divided into two main categories:

• provided for gardening, horticulture, summer cottage farming;
• allocated for individual housing construction (construction of a private house) or for running a subsidiary (homestead) farm.

It is precisely such plots, and the objects built on them, that can be registered as part of the “amnesty”. Soviet time they were provided on the basis of the right of lifelong inheritable ownership or permanent unlimited use. In the early 90s, when allocating land, a certificate of ownership was already issued. These are the so-called old-style documents, they are completely legal. But there is no information about such owners in the Unified State Register. If you need to make a gift to bequeath or sell property, you will need to register the transfer of rights, and for this it must be recorded in the state register.

Required documents and registration procedure

Each real estate property is registered separately. You should start by obtaining a land certificate, since without it it is impossible to register a house.

Registration of land

You need to contact the Rosreestr office with an application (filled out there), attaching any available documents to it, this could be:

• old-style certificate of ownership;
• decision of the executive committee or other body on the allocation of a site;
• extract from the household register of local authorities.

If it is not clear from the documents on what right the land was provided, then it is considered that it was owned. The extract is issued from the archives of the relevant state or municipal entity at the location of the land.

If you own a house donated or inherited and want to receive a certificate for the land under it, then you must additionally attach:

1. gift agreement, purchase and sale, inheritance documents;
2. one of the above documents on the title of the previous owner.

If the previous owner of the land plot registered his property, then step 2 is not required. You can find out about this by requesting an extract from the Unified State Register.

The land will be registered in the cadastral register simultaneously with the registration of ownership, and information will be entered on the basis of available documents. When there is no boundary plan, a note is made that the boundaries of the site and its area are not precisely defined. If the primary documents do not contain information about the characteristic individual characteristics of the object, cadastral registration and registration will be denied.

Registration of houses and other buildings

To register a fully constructed house, you need to submit documents confirming the fact of its creation with a description of the main characteristics (Article 25.3, No. 122-FZ) and a certificate for the land plot.

When collecting documents for a dacha amnesty, pay attention to the category and permitted use of the land. The order of subsequent actions depends on this.

1. If the land is classified as agricultural land, allocated for gardening, dacha or subsidiary farming, then the applicant simply fills out a declaration form in which he describes the structure. This is enough for the house to be simultaneously entered into the cadastre and registered ownership (letter from Rosreestr dated April 10, 2015) .A similar procedure applies to non-residential properties on lands for other purposes. What they have in common is that construction does not require permission.
2. The construction of a residential building on a site allocated for individual housing construction and private plots within a populated area can only be confirmed by a document: a permit to put the house into operation, and it can be obtained if construction has been permitted.

The commissioning certificate is not required to be submitted until March 1, 2018. Consequently, to register the right to a constructed residential property, it is not necessary to have a construction permit.

But you will have to get a cadastral passport. And it’s not so much about it - the registration chamber itself can request information, it is important to register the building. Firstly, this is the only document with which you can confirm the existence of the house. Secondly, if there is no information about it in the cadastre, a refusal will follow (reference to Article 20, clause 1.2, Law No. 122-FZ), because registration of the right to an unregistered object is not allowed.

Concerning technical passport(compiled in the BTI until 2013, a technical plan is now being drawn up) - this is an intermediate document, and it is not always required. It is clear from the diagram that other grounds can be used to draw up a technical plan.

Registration of unfinished objects

You can acquire ownership of an unfinished house only if you have a construction permit (clause 5, article 25.3, No. 122-FZ), which creates many problems for the owners of such objects.

The reason for the author’s concern is the fear of not having time to build a house in order to register it under the dacha amnesty without building permits and commissioning. Since the deadlines have been extended, the problem has been resolved. If permission is available, then the unfinished object will still have to be registered in the cadastral register, which will require a technical plan.

Summary

The dacha amnesty does not relieve the need to register real estate in the cadastral register. If the State Reserves Committee has information, and you can check this by requesting a cadastral extract or passport, then registration is simplified. Information about most land plots was transferred to the information bank from the BTI, and construction projects are registered by the owners themselves.

A certificate of ownership does not save you from being accused of “squatting” of land - in the absence of a boundary plan, and a house - from being recognized as an unauthorized construction if land or urban planning regulations have been violated. But if it exists, all problems that arise are resolved only through the courts.