What's new in the dacha amnesty

By Admin | Legal Issues
27 April 2016
Apparently tired of listening to the deputies assaults journalists that the dacha amnesty failed.But the way it turned out.The high cost of land survey, without which you will not make the cadastral plan, did not allow most of the truckers become the legal owners of their plots.And then finally adopted amendments to the law on dacha amnesty under which boundary can not do.However, there are plenty of nuances.What has changed in the dacha amnesty, versed "Komsomolskaya Pravda".

Surveying canceled ... but not for all

Recall dacha amnesty came with the filing of the president, who, in his address to the Federal Assembly, ordered to make registration of ownership simple and cheap.Of course, the law make life easier for cottagers.But to register their plots could only those who have found a couple of tens of thousands of rubles for land surveying."Komsomolskaya Pravda", which from the beginning championed the rights of truckers on the cheap and simple design of their legitimate right that belongs to them
, and so, do not just write about this issue.

And here come into force amendments abolishing the very boundary.Here it is, as always, not everything turned out as originally would have liked.That is why it is too early to rejoice cottagers.

obtain from officials commenting on the new law proved practically impossible.The very same text of the law to a mere mortal - Chinese puzzle, so we write the laws.Legal practitioners argue that the law a lot of nuances and they themselves are still a child of lawmakers "have not digested."The FRS explained to us that the law directly concerns the activities of the Russian Real Estate.In Rosnedvizhimost sent to the ideologues dacha amnesty in Economic Development.The Economics Ministry also developed the original dacha amnesty bill, which is then altered several times in the Duma, but because officials of the ministry to the amendments to the law are irrelevant.But MPs are still in limbo: old Duma has already dissolved, new - not convened.Therefore, for an explanation of the situation, "KP" asked the former chairman of the Duma Committee on Legislation Pavel Krasheninnikov fourth convocation.

«Officials are unhappy and will have to implement the law»

- Pavel, so that has changed the law on dacha amnesty?

- The new law simplified procedure for state registration of land rights applies not only to citizens who have such land have been provided, but also to their heirs.In addition, the simplified procedure applies to citizens who are the owners of an apartment house, even if they do not respect the decision on allocation of the land plot on which the house is located.The citizen is entitled to register the land, presenting a document confirming his ownership of the house, and a document on the representation of the land is still the owner of the house.

- But what about surveying?

- But it was canceled, however, is not for everyone.The law contains a provision according to which not require surveying (determining the coordinates of boundaries) previously set by the registration of land plots.That is if your site already has a cadastral plan, others do not need it.It does not matter when the plan was made.The so-called defective cadastral plans (with clearly defined boundaries) registrars will be required to accept and register the corresponding rights.Moreover, these old cadastral plans can be ground to sell, donate.And the state registrar can not refuse you.

- but agreed with the neighbors property line will still have?

- Of course, the neighbors have to confirm that they have no claims to the borders of your site.This is the case if you have a cadastral plan is not complete and accurate.In many gardening companies have common cadastral plans.So, extracts from them, certified partnerships, too, can be the basis for registration of property.

- And what about those who have no cadastral plan no?

- Here it is unfortunately necessary to do surveying and cadastral plan.But even in the first edition, we dacha amnesty prescribed that regional authorities may limit the cost of surveying.By the way, in many regions of the governors have taken advantage of this right, and diminished appetite surveyors.

- Pavel, the law was adopted and came into effect and when it will perform in the field?

- will start where disappear.Do law enforcement officers?Of course not!And I understand that once the amendments have earned.Still, in the spring, I think everything will be fine.

Learn more about the new law on dacha amnesty and how new rules should work in practice, read in the next issues of "KP".



IMPORTANT

If no documents

happens that the whole plot was granted horticultural association, and summer resident gardener, or there are no documents on the ground.For this case, the law introduced a simplified procedure for granting a national of the site, which it uses in accordance with the established distribution of plots in the pool.To this end, citizens prepare their own description of the boundaries of the site, certify that description from the board, then the board has received a conclusion on the conformity of the description of the boundaries.Then provide these documents to the local administration and receives a decision on granting land in the property, and then passes the documents for registration.Refuse to register you may only if your site is under federal law can not be transferred to private ownership.