The dacha amnesty has been extended until 2020-2021: the law on how to register a house in SNT and individual housing construction

From August 2, the dacha amnesty has been extended once again. And this is again not the same as before. Several laws have already been called dacha amnesty, but they all work differently. The general essence of all amendments about plots, houses and ownership is that registering real estate will be easier and cheaper.

Ekaterina Miroshkina

economist

This is what the dacha amnesty means, which will be valid until March 1, 2021.

Here are a few dacha amnesties that we talked about:

On August 4, 2018, construction permits were canceled. Previously, you had to ask local authorities whether it was possible to build a house with these parameters. Now it’s enough to warn them. In fact, the procedure is still similar to approval, but it has become a little simpler.

But this applied to houses that began to be built in August, when the law came into effect. And for those houses that began to be built without permission before the amendments, notifications were allowed to be submitted only until March 1, 2019.

That is, the house is already under construction or ready, but there is no permit for it. Then the state seems to say: “Okay, since it’s already been built, submit a notification and we’ll assume that everything is legal.

Such a house is not considered an unauthorized construction.”

But those who did not have time to sort out the documents before March 1, 2019, could then legalize the house only through the court. Or we would have to somehow cheat with the documents. Otherwise, the house would be considered an unauthorized construction.

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There are areas that have a specific purpose - gardens.

Previously, there were also country houses - for country house construction or for gardening, but now they have all automatically become garden houses. On such a plot you can not only install a greenhouse and plant a vegetable garden, but also build a real residential building.

And although the site is not intended for individual housing construction, such a house will be allowed to be legalized, to live in it and to obtain permanent registration.

Nothing has changed with garden plots: you can put a greenhouse there, but you cannot build a house.

For houses on garden plots, a separate simplified registration procedure was in effect. Until March 1, 2019, it was possible to obtain a registration certificate even without notification. And then, based on the technical passport, register ownership. This speeded up and simplified the process specifically for garden plots.

But the amnesty was not extended for them. From March 1, 2019, even on garden plots, houses must be registered by notification - just like individual housing construction. Without notification, it will not be possible to issue a registration certificate, and without a registration certificate there will be no title.

And although the amnesty clauses for individual housing construction and garden houses are nearby and were introduced by one law, for one the period was extended until 2021, and the other became invalid:

For some reason, some laws in Russia are becoming very complicated. So it is with houses on garden plots.

On the one hand, they now require notifications, just like houses on plots for individual housing construction. But one clause was removed, and another was added to the law on real estate registration.

Until March 1, 2021, a garden house can still be registered as a property without notification, construction or commissioning permission. To do this, the following conditions must be simultaneously met:

1. There is a technical plan for the house.
2. The rights to a land plot are confirmed by some documents.
3. The ownership of this land is not registered in the Unified State Register of Real Estate.

When registering property rights, the registrar will check whether the general conditions of registration are met and whether there are grounds for refusal. For example, whether the certificate for the allocation of land has been falsified and whether someone else is laying claim to this plot.

If the garden plot has already been registered as a property, you will have to submit a notification to register the house.

For some land plots there is an indefinite amnesty. The new law did not cancel or extend it.

Here are the conditions for simplified registration of land ownership:

1. The purpose of the site is for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction.
2. The land was allocated until October 30, 2001.
3. There is any document confirming the rights to the plot: a deed, an agreement, a certificate, an extract from the household register.
4. The application is submitted by the person to whom the land was allocated or his heir.

With these documents, a plot of land that was allocated many years ago for indefinite use or lifelong ownership can be re-registered as ownership for 350 rubles. And then legitimize the house that was built there. Even if the type of right is not indicated in old documents, it is considered that the land has been transferred into ownership.

Houses on such plots must be registered by notification or declaration, this depends on the purpose of the plot. If it is allocated for individual housing construction, you need to submit a notification in the usual manner or under an extended amnesty. If the house is on a garden plot, a technical plan and a declaration will suffice, and a notification will not be required.

Garages, outbuildings, sheds and gazebos can be legalized without notification. The amnesty does not affect them, because it was like that before.

The state fee for registering objects under the dacha amnesty is 350 rubles. But these are not all the registration costs. Separately, you need to order cadastral work and a technical plan. This is done by specially trained people - cadastral engineers.

They do this not for free and not at the expense of state duty, but according to a separate agreement and estimate. The exact cost depends on the type of work, but it will definitely be several thousand rubles. Regions can set maximum prices for cadastral work, but you can’t get away with a couple of thousand even under this condition.

Source: https://journal.tinkoff.ru/news/dachnaya-amnistiya-do-2021/

Dacha amnesty for private housing construction

• The dacha amnesty for individual housing construction is a simplified procedure for registering individual real estate properties, has its own nuances, and also allows the owner of a land plot to register ownership of individual houses or other buildings without any problems.
• In relation to objects located on lands intended for individual housing construction, there is a law called the “dacha amnesty”.
• Let's look at some features you should know about.

The essence of the law

Information about any real estate property located within Russia must be transferred to government agencies.

Notification is made using the procedure for registering legal rights to such an object, which consists of entering information about it into the cadastre and the Unified State Register of Real Estate.

This information confirms the ownership of the property and allows you to enter into any types of civil transactions in relation to it, including donating, selling or bequeathing.

Previously, the process of registering rights was a rather complicated and lengthy undertaking. The difficulties boiled down to the fact that it was necessary to collect documents from government agencies for the construction or commissioning of the facility.

As a result, to simplify registration, a legal act was adopted that simplified the procedure for registering ownership of country houses for citizens. It was called the “dacha amnesty” law.

This legislative act allowed citizens to register buildings located on land plots of certain categories according to a simplified scheme.

The meaning of the dacha amnesty is that individuals have the right to privatize legal rights to real estate, while collecting a minimum of documentation. There is no requirement to obtain permission to put the building into operation, which greatly simplifies the procedure for obtaining rights.

This especially applies to country houses, in order to legalize which you just need to fill out a declaration for the object and receive a technical plan.

The real purpose of the law is to force owners of unregistered properties to use a simplified procedure for registering ownership of the buildings they own, thereby ensuring an increase in the payment of tax contributions to the budget.

The period of the dacha amnesty was limited to 2019. However, the State Duma extended its validity until March 1, 2021.

Property tax

Once the building on the individual housing construction site is properly registered, the owner becomes obligated to pay property tax on it.

The amount of tax is determined depending on the cadastral value of the house.

According to Article 406 of the Tax Code of the Russian Federation, the tax rate for individual private houses is calculated using the formula: 0.1 percent of the cadastral price of the building.

It should be taken into account that the total area of ​​the utility building cannot be more than 50 square meters. The land plot must belong to a certain category.

What objects does it apply to?

The Land Code of the Russian Federation, adopted in 2001, abolished the validity of two real rights that existed during the validity of the USSR Land Code, namely, the right of perpetual use and the right of lifelong inheritable possession.

The current code provides for only one real right, called the right of ownership.

On the basis of the two above rights, during Soviet times, citizens were provided with dacha plots and buildings on them. Subsequently, such plots were inherited, and the rights to them were never properly registered.

After the adoption of the Land Code of Russia, these rights were recognized as legally non-existent. But legally, citizens using plots on such grounds have the opportunity to legitimize ownership of real estate in accordance with current land law.

1. For plots of land, a dacha amnesty program is applied, which allows you to register ownership of such land plots.
2. As a result, citizens who have not registered these plots should take care to bring the papers on them into compliance with the law.
3. According to the legislative act on amnesty, the following are subject to its effect:

 Private houses intended for individual housing construction, in which permanent residence of citizens is allowed Buildings, including country and garden houses, located in gardening and dacha partnerships Buildings on land plots provided by state or municipal authorities for gardening or personal farming A complete list of objects that can be registered without commissioning contained in Art. 51 Civil Code of the Russian Federation

Amnesty terms

There are two types of dacha amnesty:

• for buildings located on plots;
• directly for land plots.

Registration of ownership of real estate for individual housing construction is possible before the established date. If the object is a building, then it is possible to legalize the rights to it in a simplified manner until 03/01/2021.

If the object is a plot of land, then it is possible to obtain ownership of it free of charge until March 2020.

The validity period of the dacha amnesty for individual housing construction lands differs from the period for private individual houses.

First, it was legislatively determined that the law for registering legal rights to houses in a simplified manner will be applied until 2019.

But the number of citizens wishing to take advantage of such a program did not decrease. As a result, at the legislative level it was decided to once again extend the dacha amnesty until March 1, 2021.

Registration of an individual housing construction project under the dacha amnesty

It is permissible to use the provisions of the law on dacha amnesty for individual housing construction in cases where land plots for individual housing construction were allocated before October 30, 2001, i.e. until the adoption of the new Land Code of the Russian Federation.

The dacha amnesty for properties on individual housing construction lands also involves a simplified registration procedure, as before.

To register ownership of a built private house, you need to understand whether the land plot underneath it is registered.

If this has not been done before, then it is possible to register both the land and the house immediately. In this case, it is necessary to make sure that the boundaries of the allotment are established. Otherwise, land surveying should be done.

If you have a title document for a plot of land, the next stage of registration will be to obtain a technical plan for the constructed structure.

The object must be assigned the status of residential premises in accordance with Article 26 of the Housing Code of the Russian Federation, for which it must meet the following requirements:

1. The number of floors is no more than 3;
2. Availability of connection to utilities;
3. Comply with sanitary and epidemiological rules for residential premises.

The prepared documents are submitted for registration to the Multifunctional Center, which provides services to the population. Subsequently, the set of documents is transferred to the Rosreestr service, which directly enters information about the construction of individual housing construction into the Unified Register of Real Estate Rights.

Registration of an unauthorized building

The main advantage of the dacha amnesty is the fact that it can be used to formalize rights to illegal buildings.

An unauthorized construction is a structure erected on a land plot without the necessary permits and approvals.

The dacha amnesty program significantly facilitated the process of registering property rights, and many citizens were able to legalize their buildings. No additional permitting is required.

There are certain features of the procedure that need to be taken into account. The key issue is to determine the types of unauthorized buildings that can be legalized using a simplified procedure.

Can illegal buildings built before the adoption of this legislative act be registered under the program?

Judicial practice does not contain an answer to this question. If the owner of a land plot is denied registration under a simplified procedure, he has the right to appeal the refusal through the court.

Read also: Divorce from a foreigner: without his presence, in the presence of children

How to register a house as a property under the dacha amnesty, see the article: registration of a house under the dacha amnesty in 2020.

Procedure for assigning an address

Any property registered in the proper manner must have its own address. This address usually coincides with the site address.

This is especially true for plots and houses for individual housing construction, since you can register (register) for them. To obtain permanent or temporary registration, the house must be assigned an address.

To assign an address to an individual residential building, you need to contact the local government with a corresponding application.

However, the address of a house located on a land plot for individual housing construction can only be assigned if there are permitting construction documentation.

The main nuance of registering ownership of an individual house is the need to obtain a building permit. If you register a country house, you will need to obtain a technical plan for it, as well as fill out a declaration for the object.

As a result, difficulties should not arise in the process of assigning an address to a private house on lands for individual housing construction.

In accordance with paragraphs 8.9 of the Decree of the Government of the Russian Federation of November 19, 2014.

N 1221 “On approval of the Rules for assigning, changing and canceling addresses”, assigning an address to a building is allowed only if the area under it already has an address.

If a house is not assigned a postal address, the assignment of an address to a residential premises located in this house is carried out subject to the simultaneous assignment of an address to this object.

Required papers

To register legal rights to an individual house for individual housing construction, you need to contact the MFC branch and submit the necessary documents:

 The applicant’s passport must be submitted in the original, and the specialist of the multifunctional center will independently make a copy. Application for registration, the application form can be obtained here. Title papers for the land plot Extract from the Unified State Register or certificate of ownership. If the land is not registered, then their simultaneous registration is allowed. It will be necessary to present papers certifying the citizen's right of ownership of this plot. Permission to build a certain building on a land plot, if the building was built before March 2008, then a technical plan for it. If the house was built after this date, then you will need a cadastral passport. A receipt for payment of the state registration fee. By virtue of Art. 333. 33 of the Tax Code of the Russian Federation, its amount for citizens is 350 rubles. Power of attorney of the representative, certified by a notary If the owner of the land plot cannot independently submit a set of documents

Other features and difficulties of the procedure

In the process of registering ownership of an individual residential building on land for individual housing construction, certain problematic situations may occur.

Eg:

 Loss of a document confirming the legal ownership of land granted before October 30, 2001. The title document may be an extract from the household register. However, problems may arise with obtaining it, since documents are not always saved in the archives of the local administration. The plot belongs to two owners, one of whom wants to register the house under the dacha amnesty, and the other does not agree to this. In this case, registering an object under individual housing construction is quite difficult. Registration of rights to a building results in the obligation of its owner to pay property tax to the budget. Citizens must pay property tax in accordance with the provisions of the tax legislation of the Russian Federation. The tax office sends payment receipts that must be paid. If it is necessary to recognize a building as residential, it will take quite a long time. At least six months. In some cases, it is possible to recognize the fact that a house complies with the requirements for residential premises only in court. If the land was allocated a long time ago, then most likely there is no cadastral passport for it. And the information in the technical plan may not correspond to reality, since the regulations have long been lost legal force, and are now not applied Previously, the plots provided often did not have precisely established boundaries. To obtain a document for a land plot, they must be precisely defined and formalized in the appropriate acts. To do this, you need to order land surveying If the owner of the site is personally involved in registration and collection of the necessary documents, which can take quite a lot of time. If problems arise when registering a house under the dacha amnesty on a site for individual housing construction, you should seek help from competent lawyers who provide such services to citizens . Of course, such services are not free.

Registration of ownership of a house located on a land plot under individual housing construction is carried out in accordance with the provisions of the law on “dacha amnesty”, i.e. in a simplified manner.

Video: Individual housing construction - Dacha amnesty 2018-2020

Source: https://ipoteka-nedvizhimost.ru/dachnaya-amnistiya-dlya-izhs/

How to register a house under the dacha amnesty in 2019-2020: step-by-step instructions for simplified house registration

On August 2, 2019, Russian President Vladimir Putin signed a law restoring the “dacha amnesty” until March 1, 2021 and expanding its scope.

Previously, deputies proposed returning the simplified procedure for registering gardens, country houses and outbuildings. On July 25, the State Duma adopted in the final, third reading the law extending the dacha amnesty until March 1, 2021.

The main topic of this article is “Decorating a house under the dacha amnesty - step-by-step instructions in 2019-2020.”

To reveal it, all aspects related to this problem will be considered.

• What is the meaning and essence of the dacha amnesty?
• Why does the state need this and what does it bring to the property owner?
• How to register the right to a house and when will the dacha amnesty end?
• Is it possible to enter into transactions with a residential building that is registered under a simplified procedure?

All this will be the subject of today's article.

What is the dacha amnesty?

Dacha amnesty is an everyday phrase that is often used, but does not fully reflect the content of this relief for ordinary citizens. After all, under the amnesty it is possible to register not only dachas.

In a legal interpretation, the dacha amnesty is a legislatively granted right to citizens, according to the most simplified scheme, to formalize rights to the real estate they own, if only these objects meet the provisions of the state program introduced in 2006 (Law No. 93-FZ).

Since 2006, many people have already taken advantage of this right and brought the documents for their real estate into proper form. The peak of legalization of rights occurred in 2009-2010.

“Simplified” is very beneficial for both citizens and the state. This is one of the most successful deals between the state and the population. Its efficiency is high. As a result, citizens avoid significant material and moral costs when registering their rights, and the state receives in return millions of new taxpayers.

Objects covered by the state program

What kind of real estate is covered by the simplified scheme for registration of rights?

According to the legislation, these are land plots transferred to citizens for use until October 30, 2001, before the introduction of the Land Code of the Russian Federation, and objects built on them that meet the requirements below.

1. Land plots transferred for:

• individual housing construction;
• LPH;
• dacha farming;
• vegetable gardening and horticulture;
• construction of individual garages.

1. Objects created on these plots:

• individual residential buildings;
• other objects for which permission for their construction is not required: garages, outbuildings (baths, sheds, gazebos, etc.).

The fundamental factor for obtaining the right to take advantage of the simplified procedure is the provision of land to the citizen before October 30, 2001.

Validity period of the state program

The expiration date for the state program for the simplified procedure for registering rights is established:

• for residential building owners - March 1, 2021
• for summer residents and gardeners – 03/01/2022

Of course, the government can extend the validity period of the simplified procedure, but this cannot be guaranteed yet. Therefore, it makes sense to hurry up.

Registration of property rights during simplification

To carry out the amnesty, the government has determined a minimum list of documents for registering rights under a simplified scheme.

The list was so short that only lazy and ignorant people did not jump at this chance.

To register land, you only need to provide a declaration on the land plot, completed in person, and a document confirming its allocation (any acts of government agencies, an extract from the business ledger, etc.). And of course, you should attach a receipt for payment of the state fee to the application for registration of the right.

Imagine, they don’t even ask about land surveying. Such a “non-contiguous” plot is registered in the cadastral register and a record is made that its boundaries have not been established. The area of ​​the plot reflected in the initial document on its allocation may not correspond to the meters indicated by the citizen in the declaration, and this is allowed within reasonable limits.

What type of right does the landowner receive under simplification?

Regardless of what right was indicated when granting the land plot, the citizen receives it as personal property. And he receives this right free of charge.

The ownership of land confirmed by state registration will become one of the grounds for registration of buildings created on it.

• If the land has been allocated for individual housing construction, private plots or summer cottage construction, then a residential building can be built on it.
• An individual residential building is intended for one family, and its height cannot exceed 3 floors.

On a site provided for gardening and vegetable gardening, only a residential building, and not a residential building, can be erected. The difference from individual housing construction is that the property is intended for seasonal residence and, naturally, without the right of registration. At the same time, gardening work must be carried out on the site, otherwise it will be used for other purposes.

A special permit must be obtained for the construction of these objects.

For garages and outbuildings in such areas, a building permit is not required.

What is required when simplifying cadastral registration and state registration of rights to a house?

In 2019, the list of documents includes:

• application for cadastral registration and registration;
• document confirming the right to land;
• building permit;
• technical plan with a declaration drawn up by the owner;
• state duty payment.

Until 2019, a technical plan was not needed for residential buildings and outbuildings located on land plots provided for summer cottages, gardens and vegetable gardens. A country house, if it is not a permanent structure, belongs to residential buildings, and not to residential buildings. This is a “tightening” of the dacha amnesty.

How did the procedure for registering rights become easier during simplification? It does not require permission to put into operation. And this is a serious document.

To complete it you will need at least:

• documents confirming the right to use the land (the plot must be formed, i.e. undergo land surveying and cadastral registration);
• provide design documentation to the municipality (production is ordered for a fee);
• after coordination and approval of the project, obtain a construction permit;
• construction should be carried out in accordance with the project, otherwise changes will need to be made to the project;
• prepare a technical plan (for a fee under an agreement with a cadastral engineer).

And only then contact the municipality to obtain permission to put it into operation.

All this can be avoided using a simplification mechanism

Let us remind you once again that the simplified procedure for individual housing construction expires on 03/01/2021, for residential buildings in gardens and vegetable gardens - 01/01/2022.

You can still manage to do everything if you start right now, without putting it off. Therefore, now we will take a closer look at two documents, without which registration of a simplified right is impossible.

Declaration for home

What must be declared? In a form specially developed by the state for the implementation of the state dacha amnesty program, the owner of real estate must be declared. This form was originally developed and approved in 2006.

Today, the declaration is an integral part of the technical plan for a house, therefore the forms and procedure for filling out the technical plan and declaration were approved by the same order of the Ministry of Economic Development in 2015.

Read also: Check the queue for kindergarten: Moscow region and Moscow

The property declaration is a multi-page form that contains information both about the house itself with all its characteristics, and about the copyright holder.

Together with the land owner’s documents, the declaration form completed and signed by the applicant becomes the title document for the house with outbuildings.

The declaration is drawn up in 2 copies, without blots or strikethroughs. You can fill it out electronically or print the declaration form on the Rosreestr website. There are also instructions for filling it out. Before you start filling out the declaration, prepare the documents whose data will need to be entered into it:

• title document for the land;
• building permit;
• characteristics of the house and outbuildings;
• your passport, INN, SNILS.

Technical plan

Whatever the owner wants to do with his property in the future, it is necessary that such an object be registered with the state cadastral register. How to understand whether an object is registered in the cadastral register? It's easy.

On the Rosreestr website, in the “Reference Information” section, search for the address of the object of interest. If the information appears, it means it is.

And if not, then the owner will have to collect documents to register it.

One of the most important documents for this is the technical plan.

What is he?

It is clear that this is a serious document. It contains all the most important information about the object. The information clearly established by law is entered into the technical plan in a strict manner.

Many people still remember that a technical passport used to be drawn up for houses and apartments. And of course, people ignorant of this issue do not understand why it was bad. It was also full of information about the house.

To some extent they are right. But there is a key difference between these two documents.

In technical terms, unlike a technical passport, there is a link between a house or other property and the land plot on which it stands.

What does binding mean? This is the outline of the house on the plot plan with the coordinates of its corners. This binding allows you to see the location of the house very accurately.

The technical plan contains information:

• about the cadastral engineer and the customer;
• about why the technical plan is being prepared;
• about the source documents for its production;
• about measuring instruments;
• about the property;
• about the measurements and calculations performed;
• about the location of the object on the land plot;
• about the characteristics of the property;
• drawing of the outline of a house on a plot of land;
• floor plan of the house with explication.

Where to get a technical plan

There are specially trained people who have the right to prepare and sign a technical plan. They are called cadastral engineers. By the way, this profession is in great demand today.

A cadastral engineer is most often an individual entrepreneur, less often a legal entity. face. All of them have a qualification certificate and are included in a special cadastre, because They have a serious responsibility for the work they do.

It is clear that these are commercial structures and they provide their services for a fee.

Those. when a technical plan is needed, the owner of the house enters into an agreement with the cadastral engineer for its production. To register a house for cadastral registration, a technical plan is drawn up in electronic form. As a result of providing the service, the contractor will provide the customer with an electronic version of the technical plan on disk.

What is the price

How much does the service of a cadastral engineer for the preparation of a technical plan cost?

This question is rhetorical. The price is limited only by fierce competition. But the actual cost depends on the following factors:

• residential house, garden or country house;
• area of ​​the house;
• number of turning points;
• distance from the location of the cadastral engineer;
• and the main determining factor is the region: rich or not.

For the sake of understanding, I’ll still name one number. The average cost of a technical plan for a garden house in central Russia is from 3.5 thousand rubles.

To draw up a contract for the production of a technical plan for a house, an engineer will need:

• customer data;
• title documents for land;
• permission to construct the facility;
• a declaration about the property drawn up by the customer.

The service period ranges from 5 to 15 days.

Cadastral registration and registration of rights

Having prepared the documents for cadastral registration and simultaneous registration of ownership of the house, we go to submit an application to the Rosreestr department or to the MFC. Don't forget about paying the state fee. In 2019, it is 350 rubles for registration of rights, cadastral registration is free of charge.

The application is filled out directly at the place where documents are accepted. It will be filled out by the responsible employee of Rosreestr or MFC. The copyright holder only needs to check the information entered and sign the application. After receiving the documents, the copyright holder is given a receipt indicating the date the documents are ready. The total period for cadastral registration and registration of rights is about 2 weeks.

To confirm the cadastral registration and registration of the title to the house, an extract from the Unified State Register is issued. Now you are the owner of the house.

The advantages of the dacha amnesty are obvious. This is speed and ease of registration of rights without any special material costs. The disadvantages are not so obvious. They especially concern land plots. Lack of land surveying is fraught with mistakes and disputes with neighbors, and difficulties in transactions. Therefore, probably, over time, determining the boundaries of land plots and their exact area will become inevitable.

Source: https://grazhdaninu.com/

Source: https://zagorodnaya-life.ru/kak-oformit-dom-po-dachnoj-amnistii-v-2019-2020-poshagovaya-instrukciya-uproshhennoj-registracii-doma/

Extension of the dacha amnesty until March 1, 2021, new law 267-FZ of 08/02/2019

The President signed a law extending the dacha amnesty. On August 2, 2019, a new procedure for a simplified procedure for registering real estate came into force. We will discuss in the article what deadlines for extending the dacha amnesty are established by law, as well as what problems in registering real estate he touched upon.

Why was the dacha amnesty extended once again?

The dacha amnesty began more than 10 years ago in 2006. The concept of “dacha amnesty” in the law usually refers to a simplified procedure for registering real estate. That is, a delay that is given to put your documents in order without obtaining additional permits and notifications.

The answer to the question why the dacha amnesty is being extended is simple, in order to give people the opportunity to formalize their rights to buildings without unnecessary red tape. But this is the answer of the legislator, and the main reason is to attract money to the state treasury through the emergence of new objects of taxation.

How many times they threaten to recognize our houses as unauthorized construction and demolish them, they scare us with a complex procedure for registration through the court, they set minimum deadlines and all to no avail. However, it is much easier for the government to force us to register real estate by any means.

Thus, the authorities receive another taxpayer, and avoid red tape with the courts or the creation of special committees and commissions for the demolition of unauthorized buildings.

Dacha amnesty after March 1, 2019

For almost 5 months, starting from March 1, 2019 until the adoption of the new law 267-FZ of 08/02/2019, the dacha amnesty temporarily ceased to exist and an unknown and new notification procedure for registering real estate appeared for everyone.

Everyone who applied for a technical plan during this period of time to cadastral companies was faced with the fact that registration of a constructed house is now possible only if there are notifications about the start and completion of construction. These notifications had to be received from the local administration.

Rumors about the extension of the dacha amnesty until 2022 (this period was originally set by the State Duma in the first reading) forced people to “slow down” a little with the registration, so as not to receive unnecessary documents, but to wait for a simplified procedure.

According to statistics, about 13 million real estate properties were registered under the simplified procedure before March 1, 2019, but another 5 million remain unregistered. Now that the president has signed the law on dacha amnesty in 2019, these 5 million have a new chance to get their documents in order . However, we must have time to use it before 2021.

Law on extending the dacha amnesty until 2021, which has changed since August 2, 2019

The new law on extending the dacha amnesty covers several aspects:

• The possibility of simplified registration of rights to houses has been introduced, as before, only on the basis of a declaration, technical plan and title documents. Let us remind you that on March 1, 2019, in addition to the listed documents, we also received notifications about the start and completion of construction. Now from the moment the law comes into force (August 4, 2019) until March 1, 2021, you do not need to receive notifications.
• The law addressed the problems of registering land under apartment buildings. Now the law establishes that authorities are obliged to carry out land surveying work and register land in the cadastral register, regardless of whether the owners of multi-apartment premises apply for this or not. The responsibility is not only clearly assigned, but also specified. Land surveying under apartment buildings should be a priority during the implementation of complex cadastral work. These additions will facilitate the proper performance of their duties by government agencies. However, the law does not establish a time limit for completing such work.
• SNT members who did not have time to purchase “their” publicly owned land for free can do this until March 1, 2022 (the deadline was previously set until December 31, 2020 - after the deadline, acquisition is possible only after bidding).
• Local authorities must inform the population about the procedure for processing documents and construction rules.

Now that the long-awaited amnesty law of 2019 has been signed by the president, the simplified deadline has been pushed back by more than a year and a half, you can rest assured. During this time, taking into account the new norms, you can register your rights in a simplified manner. But this does not mean that registration should be left until last.

Based on the experience of March 2019, many applicants were left with registration suspensions. The fact is that Rosreestr could not cope with the rush and documents were often “wrapped up” by registrars.

Do not leave real estate registration until the last minute and do not delay registration, as practice shows, this does not lead to anything good.

You can find out the prices for cadastral work in your region using the cadastral work calculator - a free online service.

Source: https://geostart.ru/post/470

The dacha amnesty has been extended until 2020-2022 - how to register a house in SNT, the latest news and changes | Land expert

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The content of the article:

The deadline for dacha privatization was extended twice. The last time was in 2018. The deputies decided that there were Russians who did not take advantage of the opportunity provided.

Rosreestr authorities explain that more than 11 million dacha privatization properties were registered as ownership.

Until when was it extended? Ends: March 2020 , in Crimea there is a dacha amnesty until March 1, 2019.

Changes in the dacha amnesty from August 2019

Starting from August 2, 2019, new legislative acts will be in force in Russia that extend the “dacha amnesty”, but not in all areas, but only on the following points:

1. The simplified procedure for registering houses on SNT lands has been extended until March 1, 2021, in cases where their construction began before August 4, 2018. Such buildings can be legalized only by notification, without obtaining permission to build and put the facility into operation.
2. Houses built on garden and dacha land plots for which ownership has not been registered can also be registered without notice until March 1, 2021. A simplified procedure allows you to carry out the registration procedure with only a technical construction plan and a declaration.

Read also: Single mother in St. Petersburg: benefits, allowances and payments 2020

Dacha amnesty extended until 2020: Latest news

The state, prolonging this event over time, takes care of citizens and the budget. The period of the dacha amnesty has been extended until 2020 due to arrears of taxes from unregistered owners of buildings and dacha buildings.

Legislators adopted N36-FZ in February 2018, according to which they made changes to regulations governing a certain area of ​​public relations.

In particular, the changes affected N340-FZ (introduced the Town Planning Code into legal life), as well as N218-FZ (regulates registration procedures for real estate objects).

The law on dacha amnesty has not been issued until 2020 . All issues are resolved with the help of the above regulations and amendments made to them.

What is a dacha amnesty?

What does dacha amnesty mean? This is registration of property rights using a simple algorithm. Handles the Rosreestr procedure. First introduced in 2006.

The event allowed citizens to register ownership of property that was previously in the mode of use (perpetual) or inheritable ownership (lifelong) before the entry into force of the Land Code of the Russian Federation (until October 2001).

Amendments made to the Town Planning Code in 2018 affected the construction of houses and cottages for living (seasonal or year-round) on plots for individual housing construction, private household plots, and gardening.

According to the changes, the construction or reconstruction of these objects must occur after reporting this to local authorities and issuing on their behalf a permit for construction activities (the norm has been in effect since 2019) for individual housing construction.

IMPORTANT: There is no need to report plans for construction, reconstruction of buildings on land for individual housing construction, or obtain permission for these actions before March 1, 2019 .

Until this time, registration activities by real estate entities in Rosreetr are carried out only according to the technical plan of a residential building and any title document.

Based on this, it is better for summer residents to register their houses and buildings strictly before this time, even if the summer house amnesty has been extended.

Let us remind you: unlike individual housing construction, privatization has been extended until 01/01/2020 for residential buildings on land on which gardening and horticulture are carried out.

The privatization program applies to land plots for individual construction, small buildings, dachas in SNT, as well as plots provided to a citizen on the basis of lifetime ownership.

Register a house under the dacha amnesty in 2019

Since the dacha amnesty has been extended until 2020, you need to come in person or online to the Rosreestr unit before this date. Write a corresponding statement. The topic is the possibility of registration procedures for a home in SNT. In addition, the application can be submitted through the MFC, by mail. In addition to this, you will need the following documents:

• title documents (the site is surveyed and placed on the cadastre);
• building permit;
• receipt of payment of state duty;
• technical plan of the residential premises, drawn up according to the declaration.

IMPORTANT: To prepare a plan, contact a cadastral engineer. A specialist does it within 10 days . The cost of services is not fixed across the country. It varies depending on the region.

But until 2020, until the dacha amnesty is valid, there is a maximum price limit.

In Moscow it’s about 8,000 rubles per plot of land (average in size), in the regions it’s about 4,000 rubles .

It doesn’t matter how long simplified privatization is extended, acquiring the authority of the owner is impossible without declarations . They are the basis for the technical plan.

The declaration has a unified form, it contains information about the owner, about the house with all the characteristics. Together with other documents, the declaration plays the role of a title deed for the house and outbuildings on the site.

Based on it, the cadastral engineer prepares a technical plan.

The declaration is drawn up in two copies . There should be no blots or inaccuracies in it. On its basis, a technical plan is drawn up, which replaced this document after the latest changes.

IMPORTANT: After submitting a set of documents, the applicant is given a receipt confirming their acceptance. The registration period for rights is about 2 weeks .

Dacha amnesty after 2020

In some cases, the dacha amnesty does not end, it is indefinite :

1. For plots of land provided before 2001 with the purpose of the land: maintaining personal subsidiary plots, dacha farming, gardening, vegetable gardening.

   IMPORTANT: For individual housing construction, privatization is not unlimited. It ends before 2020, on March 1, 2019.

2. What buildings? These are garden houses, buildings, without obtaining a permit for their construction.

Explanation: if the owners of plots of land, as well as country houses, have not registered them, they can apply to Rosreestr until 2020.

Nobody knows what will happen after 2020. One of the moves is an indefinite amnesty for gardeners and amateur gardeners, similar to privatization. For individual housing construction, after March 1, 2019, it is necessary to submit additional papers, according to news from Rosreestr, permission to put a residential building into operation.

The advantages of the amnesty considered are that a citizen, without a large package of documents, registers ownership in a short time. Land surveying as a service to determine the boundaries of each piece of land is necessary. This is done in order to avoid disputes with neighbors over the exact area of ​​plots located close to each other.

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Source: http://zk-expert.ru/dachnye-uchastki/poluchenie-i-oformlenie-v-sobstvennost-zemelnogo-uchastka/dachnaya-amnistiya/prodlenie-dachnoj-amnistii-poslednie-novosti-20-05/

Extension of the dacha amnesty. How to decorate a house while it is valid

The “dacha amnesty” has been extended until March 1, 2021 .

On August 2, the Federal Law on introducing relevant amendments to legislative acts was signed by Russian President Vladimir Putin and published on the legal information portal.

Until this date, citizens will have the opportunity to register rights to houses on garden plots in a simplified manner. The purpose of adopting legislative changes is to stimulate the involvement of residential real estate in civil circulation.

In recent months, a government bill to extend the “dacha amnesty” until March 1, 2020 has been under preliminary consideration in the State Duma.

Earlier, the deputies themselves submitted to the Duma a draft law on extending the amnesty, or rather, on restoring its validity. It specified a deadline of March 1, 2022. The people's representatives declared their desire to “reduce the financial and psychological costs of citizens.”

Most experts expected that the Duma version of the law would be adopted, but the possibility of a government version was also not excluded. As it turned out, the final decision was a compromise option - March 1, 2021.

Thus, after a relatively short break since March 2019, the simplified procedure for registering ownership of dacha and garden real estate is again in effect.

Whether the appointed date in March 2021 will truly be final is a matter of varying opinions.

Without the Dacha Amnesty With the abolition of the simplified procedure, the notification procedure for registering houses and rights to them on garden and dacha plots comes into effect.

Local authorities must be notified of construction plans (a notification can also be submitted for a house already under construction or an existing one, but “retroactively”).

Upon completion of construction, it is necessary to provide the appropriate notice, technical plan and receive notification of the compliance of the constructed facility with legal requirements. Local authorities will then transfer documents for registration to Rosreestr.

The notice must indicate the building area, the planned height of the house, the number of floors, and the layout of the building on the site. The plan must comply with urban planning standards.

Project documentation defines architectural, functional-technological, structural and engineering solutions to ensure construction or reconstruction. Its development can be very expensive. Experts call the amount 15–20 thousand rubles. only as necessary to comply with formalities when sending notice of the start of construction (for a standard project and some additional costs).

• It is clear that this procedure is quite expensive and carries with it “psychological costs for citizens,” which is recognized even by the leadership of the State Duma.
• According to the Dacha Amnesty

A simplified procedure for registering ownership of summer cottages and individual housing construction objects (individual housing construction) involves filing a declaration (technical description of the house) in simple written form without the need to obtain permits for construction or commissioning.

The owner will only need a fresh technical plan of the house in SNT or on other land plots provided for dacha farming. To obtain this plan, you need to contact the BTI and call a cadastral engineer who will make special measurements and prepare technical documentation.

Then documents for registration can be submitted to Rosreestr (via the website) or MFC. Registration by municipal services is free.

Is it necessary to submit other advice?

The simplified scheme for registration of property, defined by Federal Law No. 93, minimizes the time and financial costs of citizens who have the right to use this procedure. Therefore, while the “amnesty” is in effect, it is very advisable to take advantage of it.

However, the question of how long it will be extended is completely unclear. There are experts who believe that since reducing the number of unregistered real estate is beneficial for the state, this process can take more than one decade.

After registration, owners will have to pay property taxes (unless they are among the beneficiaries exempt from this obligation, such as pensioners).

This deters some summer residents, gardeners and gardeners from registering residential buildings on the site.

At the same time, they promise to charge fines for an unregistered house. So far, if this happens, it is extremely rare, and few people have heard about it. Although sometimes drones are already circling over SNT, and, quite possibly, they are related to Rosreestr.

Theoretically, there is even a danger that unregistered buildings will be recognized as unauthorized and subject to demolition.

This should be kept in mind first of all by those whose unregistered house is located on an unregistered land plot.

Residential house or garden? There are currently no other dacha communities other than SNT and gardening communities.

In ONT it is prohibited to build residential buildings, but in a garden non-profit partnership it is allowed to build both residential buildings for permanent residence, in which registration is possible (that is, registration - temporary or permanent), and garden buildings (non-residential). You are free to choose any design option.

To register a house as residential, a building permit is currently required. From the point of view of paying taxes, there is no difference; the rates for cadastral value will be the same.

1. However, experts point out that if the technical plan of the house is drawn up rationally, highlighting heated and unheated rooms, as well as other nuances, then it will be possible to reduce the cadastral value and, accordingly, reduce taxes.
2. Package of documents The package of documents for registration of a residential building submitted to the MFC includes: - Application from the owner; - Copy of the passport; — Extract from the Unified State Register of Real Estate; — Technical plan of the house, including a descriptive text part (almost the same declaration submitted under the simplified registration scheme); — Receipt for payment of state duty.
3. In case of refusal, the return of documents will indicate the reason for this, among which the most common is the technical plan’s inconsistency with urban planning provisions.

It may be noted that recent legislative changes have somewhat complicated the procedure for registering individual housing construction. Therefore, experts advise that if you have doubts about the possibility of registration, seek qualified advice in order to save time and avoid unnecessary expenses.

Source: https://www.moneyinformer.ru/realty/dachnaya-amnistiya.html