This handy dacha amnesty

By Admin | Legal Issues
23 April 2016
Why so?

This is due to several reasons.First, of course, the high cost of surveying work.Then there is a lack of time and human laziness.But the banal reason - lack of knowledge of procedures dacha amnesty.Paradoxical as it may sound, but many are still in the dark about the fact that they are able to issue rights to immovable property in a simplified manner.But what's really there, not all distinguish the ownership, for example, the right of lifetime inheritable possession or the right of permanent (perpetual) use of land.

For example, currently live grandfather yes woman in a house on the land, which they received in the Soviet period.The site got a house built in the mustache does not blow.Ask them - whose land will answer - our own.And it turns out that the land belongs to them by right of permanent (perpetual) use for private farming.The old documents that do not study (well, if at all, these documents will find on the ground).And if they want to leave a will, then dispose of this land can no
t, that is, will not get this part naslednichkam.The land will remain public.House (if owned) becomes hereditary, and the ground beneath the heirs will have to buy or rent.

for whom "dacha amnesty"?

Recall that the law on so-called "dacha amnesty" does not exist.In fact, the law is called the Federal Law "On amendments to some legislative acts of the Russian Federation on the simplified procedure of registration of citizens' rights to individual objects of real estate."The law came into force on 1 September 2006.

This law made changes in such laws as the Law on State Registration of Rights to Real Estate and Transactions Act, horticultural, gardening and dacha non-profit associations of citizens, as well as the Civil Code, the Town Planning Code, the Tax Code and some others.

a simplified procedure to register the right of ownership may be a citizen of a land plot allocated to the enactment of the Land Code of the Russian Federation for ancillary, dacha farming, gardening and garage individual or individual housing construction on the right of ownership, lifetime inheritable possession or permanent(perpetual) use or if in the act, certificate or other document establishing or certifying the right of the citizen to this land without these rights, which granted the land, or it is impossible to determine the form of this law.

dacha amnesty also helps to make the ownership created by the created object or immovable property, if the construction, renovation of the facility in accordance with the Russian legislation does not require the issuance of a building permit.In addition, to make the ownership can be the subject of housing created or created on land designated for private housing construction, or created or created on land located within the boundaries of the settlements and intended for private farming (in household plots).

How to land?

Returning to our example with the elderly.In order to enable them to pass on inherited land, they have to register the ownership of land.The land was granted to them under the smallholders to the entry into force of the Land Code of the Russian Federation (31.10.2001 years), that is, they are subject to the dacha amnesty.

In accordance with the Law on state registration of rights to immovable property and transactions with it, for the state registration of property rights need to provide:

1) title document to the ground:
- the act of granting such a citizen of the land, issued by a public authorityor a local authority within its competence and in order to act in the place of publication of the act at the time of publication;
- the act (certificate) on the right of the citizen to the land, issued by the competent public authority in order to act in the place of publication of the act at the time of publication;
- issued by the local government extract from the household books about the presence of such a citizen's rights to the land (if the land is provided for ancillary services);
- a document setting out or certifying the right of the citizen to this land;

2) the cadastral plan of the land;
3) application for state registration of property rights;
4) receipt of payment of the state fee;
5) a document certifying the identity of the applicant.When you contact representative - a document confirming his authority, ie the notarized power of attorney and a copy.
state fee is 100 rubles.The registration period is not more than 1 month.

problem that may face the citizens with land ownership - is the cost of land surveying work.By law, the subjects of the Russian Federation have the right to set the marginal cost of such works.But unfortunately, not all the subjects of the Russian Federation took advantage of this right.

In the Moscow region, the Law of the Moscow region on July 19, 2007 №127 / 2007-OZ, "On limiting the maximum price of works on territorial land."
Act sets a maximum price limit, mandatory for the legal entities and individual entrepreneurs who perform work for the territorial land for land intended for ancillary, dacha farming, gardening and garage individual or individual housing construction in the Moscow region.Limiting the maximum price is set at no more than 450 rubles.100 sq.m area, but no more than 7,000 rubles.one plot of land.The law came into force 10 days after official publication and is valid until January 1, 2010.

works on surveying the land include the definition of the boundaries of land on the ground and their coordination with persons whose rights may be affected, fixing on the ground location of the boundaries of land boundary marks.

Registration of ownership rights to the newly created immovable property

First, draw a simplified procedure created by the ownership of the created object or immovable property can be provided that for the construction, reconstruction of the object does not require a building permit.

In accordance with the Urban Planning Code, a building permit is not necessary in the case of:

- building a garage on the land provided by a natural person for purposes not related to business activities, or construction on the land plots allocated for gardening, cottagethe economy;

- construction and reconstruction of objects are not objects of capital construction (kiosks, shelters, etc.);

- building on the land buildings and structures accessory use;

- changes in capital construction objects or parts thereof, if such changes do not affect the structural and other characteristics of their safety and security and do not exceed the limiting parameters of permitted construction, reconstruction, established town planning regulations.

That is, if your intention is to build a garage, then build on health without permission.And then go to the registration of ownership of the garage.

Secondly, under the "simplified tax system" falls for individual housing construction, built on land designated for private housing or land within the boundaries of the settlements intended for private farming.The classic version: the property of a bare land, intended for individual housing construction, you are building a house on the site and register the ownership of it.But do not forget that for the construction of a residential building you need to obtain a building permit.Many people mistakenly believe that now, according to the dacha amnesty, you can build a house without permission.But it is not so!If you build a house without a building permit, in the future instead of the simplified procedure for state registration you will get more complicated version of the registration itself.We'll have to run the chain of command, to pay a fine, and so on. D. Take my word for that, although to get a building permit is not so simple and fast, but the building without a permit faces big problems.

What do I need to register a new construction?

For the state registration of property rights in both the first (garage), as in the second case (house) to the newly created property required:
1) the cadastral plan of the site.
Presentation cadastral plan of the said land plot is not required if:
- the right to a specified land previously registered in accordance with the Law on state registration of rights to immovable property;

- said the land intended for the conduct of gardening or dacha farming and represented the conclusion of the Board if the relevant gardening or chalet non-profit association, confirming that created or created by the immovable property located within the boundaries of the land;

- for construction and reconstruction of the respective created or created by the real property is not required, in accordance with the legislation of the Russian Federation, the issuance of a building permit or a specified land for private farming, and if presented the conclusion of the corresponding local government settlement or cityDistrict confirming that created or created by the immovable property located within the boundaries of the land.

2) documents of title to land.
Presentation title document to the specified land is not required if the applicant's right to the land previously registered in accordance with the Law on state registration of rights to immovable property.

3) documents confirming the creation of the object and contain a description.

What documents confirm the creation of the property?

for individual housing construction on land designated for private housing or land located within the boundaries of the settlements and intended for private farming, containing a description of such documents are the object of a technical passport BTI and local government permission to entersuch a facility or individual housing construction in operation, if an object of individual housing construction is subject to construction in progress, construction permit.

But before January 1, 2010 technical certificates for individual housing construction is the only document confirming the fact of the creation of such a facility for individual housing construction on the said land plots and containing a description.

document confirming the establishment of the immovable property at their summer cottage or a plot for gardening or the establishment of the garage, containing a description of the real property, is the declaration of the object real estate.The declaration includes information about the object of his address (location), as (name), purpose, size, number of floors (storeys), including underground floors, the year of its creation, on materials of external walls, it is connected to engineering networkssoftware, cadastral number of the land on which such immovable property is situated.The declaration is filled by the applicant in person.This can be done in the body carrying out state registration of rights to immovable property and transactions with him.

for state registration of property rights created by the individual or created on the land immovable property state duty in the amount of 100 rubles.So now register their land or property created quite cheap.


Sophia Kalmikova

"owner"