Dacha amnesty: problems and solutions

By Admin | Legal Issues
27 April 2016
year ago, the state has made a gift cottagers - simplified procedure for the privatization of suburban areas ...

Draft Law very quickly picked up a short and sonorous name - "dacha amnesty", except that the procedure of registration of ownership has not become simpler and easier.Until now, many owners of country houses, afraid RRG, EGRZ and other acronyms, and do not claim rights to the land.

At first glance, "dacha amnesty" - is simple enough.It is necessary to pay the state fee, fill out an application and a declaration on the building located on the site, bring your passport and any document confirming the right of possession of land (certificate of horticulture, cadastral plan of the site), to hand over the paper and wait for the result.But in fact, "to receive amnesty" is a bit more complicated - from the giant queues in Rosnedvizhimost and ending not possible to make the right to land, it turned out, for example, on forest land."Residential Real Estate" has studied the problem of "dacha amnesty
" by the Jury IRE, director of "Center of the Land."It turned out that it is designed for people with strong nerves and a great lot of free time.

problem №1.Drafting of the cadastral plot plan

Truckers with plots within the boundaries of gardening, this problem is not likely to affect - usually many gardening inventories already decorated.In this case, the chairman of the Horticultural need to take a certificate stating that the land really belongs to the Cottagers.On the basis of this certificate in management Rosnedvizhimost give an extract from the Unified State Register of land (EGRZ) that its bearer is the owner of the land share gardening.

If for some reason does not have the inventory horticulture or suburban area is outside of its borders, address the issue with its design will have on their own.In order to get a statement from EGRZ, the site need to delimit.Surveying the practice of commercial land surveying office.Experts go "on location", carried out surveying work, draw a site plan - cadastral case is ready.The maximum prices for land management works approved by the Government of the Leningrad region - for example, such work on the classic six acres will cost from 4064 to 6773 rubles.Figures for pensioners impressive, especially since no subsidies from the state in this case is not provided.The law only gives the right to subsidize the "amnesty" that is, it is advised to do, but the authorities do not listen to the advice.

Problem №2.The plot is larger than indicated in the documents

Theoretically, such a plot may be privatized.The main thing is that there are no complaints from the neighbors of the site, as well as the leaders of gardening.Neighbors of the country, which over the years alongside the beds weeded and watered, as a rule, to adequately respond to such treatment.Harmful neighbors have to compromise, because without their consent legitimize surplus fail.

Serious problems can occur if the extra "square" of land owned by the municipality or the common property of gardening.Provide proof of ownership of the disputed area, "gardening" or municipal authorities can offer to buy them at the market price.In practice, it happens that the ground can be obtained, and in vain, but it is necessary to make the owner of a number of difficult legal actions ...

Problem №3.The site is less than that specified in the documents

cottager If he can not care about what the earth is less than specified in the documents in the FRS to such facts are very carefully - there is sure to be asked where cottager Affairs missing.In this case it is necessary to carry out land surveying, the data sent to the management Rosnedvizhimost on the location of the site and write a statement to the Federal Registration Service with a request to the new data on the area of ​​land in a single register of real property rights.The application must be attached the new cadastral plan.The FRS will be given a certificate of registration of title to a new area.

Problem №4.Visits to the registration authorities

Visit Rosnedvizhimost fraught with two difficulties.First, to apply for the issuance of the extract should be in control, located at the location of the suburban area.Since the majority of villas located on the territory of the Leningrad region, will have to go to the district center.Of course, the schedule of state institutions is far from perfect - it usually takes people only once a week.For example, in Vsevolozhsk working day is Thursday, Priozersk - Tuesday.

second problem - the queue.Arriving in the district center early in the morning on the porch of the building is still closed, you can find fifty people who want to write an application before you.Pleasing information - registration statement is quite acceptable 48 rubles.If

summer visitor does not have time for walking the chain of command, you can hire an assistant.His name is necessary to issue a power of attorney - most importantly, that in the text listed all organizations, where it is necessary to draw up documents.

Problem №5.Legacy

Inheritance suburban areas are resolved in the municipalities.In complicated cases - for example, when the owner of the suburban area rested, but to prove the relationship with him is not easy - you have to raise the numerous archival documents.This summer, the situation began to change - the State Duma began its consideration of the law to simplify procedures for inheritance of land.Under the new law, which is adopted only in the first reading, will be able to inherit the land, even the great-granddaughter of the owner, and the state can not seize land in their favor.

problem №6.Land is not subject to an "amnesty»

law establishes several categories of land, which are generally not subject to privatization.This forest lands as well as lands located within the boundaries of historical, cultural and sanitary protection zones.If the site was in such territory, make the ownership of it will not be possible under any circumstances.

«amnestied dachas in reality was much more complex than it was declared when the law came into force, - sums up our expert Yuri mustache.- But we must pay tribute to this document - to issue the ownership of land still it became a lot easier.For example, many people who got dachas thirty years ago, has long lost the corresponding decree.Today, such people for the privatization of land is enough, for example, records from podomovoy book.Another definite plus - with registration of property rights can not rush, because "dacha amnesty" limited in time »