Privatization of the country plot. Free privatization of the suburban area. Advice of a lawyer
Privatization is the transfer procedurestate or municipal bodies of property rights to the object of property in private hands. Such a process is necessary so that in the future the owner could dispose of the property at his own discretion. Privatization of the suburban area is a complex, long and multi-stage procedure. It differs markedly from the usual privatization of apartments. However, public authorities do their utmost to simplify the transfer of property rights.
Prolongation of "dacha amnesty" in 2015-2016
"Dacha amnesty" - a draft law containinga list of amendments to regulations affecting the privatization of the suburban area with a minimum package of documents. These amendments are considered valid since 2006. Moreover, in the winter of 2015, the Russian government provided and officially confirmed the prolongation of the "dacha amnesty" until March 2018. The essence of the project is that at the time of submission of the application for re-registration of the land plot, the owner does not need documents confirming the admission for the erection of the building, which is already located on the site. Thus, the owner is relieved of the collection of additional documentation.
Sites subject to privatization
Initially, the law on the privatization of landsites was created to help owners who for a long time were registered in the country communities and did not have the opportunity to implement the process of registration of property rights. Experts of authorized bodies subdivide land plots on the following grounds:
- by location,
- on the presence of buildings on the site,
- on key forms of property rights.
Privatization of the country plot is carried out in strict accordance with the legislative acts of the Russian Federation. Among other things, the owners were able to privatize a certain part of the plot.
Depending on how many persons privatized the land, the following situations may arise:
There are also cases when it is impossible to re-register housing:
- The territory on which the site is located is under state protection;
- the site is subject to restrictions by federal legislation;
- The plot is booked for the construction of public facilities.
However, the owner of a non-privatized lotcan exploit it for the rest of his life, but he will not have the right to realize it, that is, to make a sale transaction, donate or exchange.
Participate in the program of "dacha amnesty"Only on the condition that the owner has on hand papers confirming the ownership. The limitation period for such documents is absent, the main thing is that they are drawn up and issued in accordance with the legislation of the Russian Federation. The list of title documents includes:
- a certificate confirming that the owner has the right to use the site for life,
- certificate for the right of perpetual operation,
- The certificate confirming the inheritance for life,
- an excerpt from a home book,
- documents for the plot, in which all rights to land are indicated.
In case the owner has in his arsenalall of the above securities, he is entitled to privatization. However, if the owner does not have such a list, then he has nothing left, except for the purchase of a land plot from municipal authorities or the state.
Requirements for free privatization
Free privatization of the country plot is possible if the owner has documents confirming the rights of lifetime exploitation.
Following the requirements of "dacha amnesty"whose activities were subject to prolongation until 2015, the territories received by persons of the Russian Federation prior to 2001 are privatized in a free and simplified manner. In addition, such facilities should be assigned to the following types of land use:
- land for summer construction;
- for the maintenance of personal economy;
- for housing construction of buildings;
- for gardening and gardening.
Formally register ownership rightson the sites that meet the above requirements, it is possible in the department of Rosreestr at the location of the facility. In this body the owner will need to provide any paper that confirms the fact of allocation of territories for use and cadastral passport of the site.
Privatization on a fee basis
Those lands that were given to the owners inperiod after 2001, do not belong to the program "Dacha Amnesty". This rule applies to the plots of farming communities for agricultural purposes, granted to legal entities, and lands of industrial zones. Thus, a free privatization process becomes impossible for them. However, owners of such territories can carry out the process of re-registration on a paid basis. Accordingly, they need to obtain permission to conduct privatization, which is provided by public authorities.
How much does privatization cost? The cost of redemption of a site from state or municipal property is calculated on the basis of the minimum land tax rate. The last indicator directly depends on the cadastral price of the object.
The process of re-registration of land
If there are personal structures on the land plot, the state is allowed to simultaneously re-register the territories under the object and the dwelling itself.
Following the legislative documents of the Russian Federation, the ownersPrivate buildings receive the exclusive right to privatization. And if the object on the territory was erected before 2001, the owner is officially allowed to carry out the privatization process for free, as he falls under the project "dacha amnesty."
Persons who wish to privatize a plot underprivate structure, are obliged to apply with some list of documents to state authorities. This list includes documents that confirm the ownership of the building and the cadastral passport of the site. If all documents are owned by the owner and the site falls under the terms of the program, then the state authorities make a positive decision regarding the free re-registration procedure. However, if a negative decision is made and for any reason the owner is not given a free privatization opportunity, the corresponding documentation for the sale and purchase of the land is issued.
Documents for the privatization of the suburban area
The owner must provide the following list of documents to the local administration:
- The application from the owner of the site with the indication of his name, passport data, TIN, object area and key purposes of using the territory.
- Permission for construction (if any).
- The cadastral passport (if available).
- Extract from the Unified State Register of Real Estate (EGRP) on the registration of property rights.
- A photocopy of the main document of a citizen of the Russian Federation - a passport.
Representation of title documents to an authorized service
After receiving all the necessary documentation,the authorized body issues to the owner an officially certified receipt for the provision of data. After that, the application is processed and the subsequent decision is made, which is carried out within a month.
For setting land on cadastral registrationthe owner will first need to remove all the size of the territory. And this work is not performed independently, but through the provision of services by the cadastre center. Accordingly, at a predetermined time, a cadastral engineer arrives at the facility, which performs the measurement of all necessary parameters. All costs for such measurement work are assigned directly to the owner.
Making a decision to provide a site
Formalization of property rightsis carried out on the basis of an application from the owner, documents confirming his identity, title documents, a check on payment of state duty. Privatization of the suburban area takes place within ten working days.
However, such processes can be entrustedspecialized organizations that are capable of professionally carrying out the privatization procedure. The only condition is the presence of a power of attorney from the owner, certified by a notary. Naturally, for the performance of work this organization will claim a certain amount from the client.
Terms of privatization of country sites
After the filing of the official application, the decision regarding the granting of ownership of the land plot is considered within two weeks.
In the absence of a cadastral plan of the siteThe municipal authorities are in charge of compiling it within a month. Immediately thereafter, a permit is issued for the privatization of the site. And then his measurements and compilation of the cadastral plan are made. And the cost of these works is assigned to the owner of the facility, and the average cost is about 20 thousand rubles.
Only after this happens is the registration of the sale of land or a contract for free re-registration. As a result, privatization of the suburban area takes from several weeks to six months.
In what situations is privatization considered impossible?
The Law on Privatization of Land Plots impose a ban on carrying out this process in cases where:
- The territory is reserved by the authorities.
- There is a ban on the state level.
- The site is a reserve.
- If there are other legislative restrictions.
Privatization is a complex and lengthy process. When will the privatization of the suburban areas end? In 2015, the period of the "dacha amnesty" was extended until 2018. The owners of the plots obtained before 2001 are entitled to carry out the procedure.