The land plot is not registered as a property: what are the dangers and what to do?

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Published: 07/09/2017

Reading time: 7 min

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Quite often situations arise where there are no documents for the land, but also for its legal owner. Therefore, the actual user expresses a desire to become its legal owner, but what if there are no supporting documents? Is it possible to register the land in this case?

You will find answers to these and related questions in this article.

Types of land documents
Without what documents can you register land?
How to register a plot of land without documents: step-by-step instructions

What does this mean?

The consequences for owners of land plots without registration of rights can be very dire.

If the owner of a land plot to register the property before March 1, 2022 plot will be removed from the cadastral register .

And the status of the site will change from “temporary” to “real estate removed from cadastral registration.” If this happens, then from the moment it is removed from the cadastral register the plot will cease to exist as a real estate property.

Removal from state cadastral registration is carried out in three cases:

What is a plot amnesty and how does it work?

Until recently, there was no practical solution to the problem associated with the fact that many citizens did not register their ownership rights to various real estate. The situation underwent certain changes in 2006 after the so-called Law “On Dacha Amnesty” was adopted.

The law itself represents various additions and amendments made to the Land Code, with the help of which the procedure for legalizing real estate located outside populated areas was significantly simplified, and the amendments themselves came into force in March 2015.

In particular, the need to obtain a technical passport through the Bureau of Technical Inventory has disappeared for the reason that it has been completely replaced by a declaration. This law will be in force until 2021.

With the registration of the declaration, the process of registering country property as private property begins. In accordance with the new legislative framework, it is possible to legalize summer cottages, including all kinds of outbuildings and residential buildings, according to a simplified scheme.

Thus, registration of a land plot can be carried out by any owner without any difficulties.

In situations where residential buildings are erected on a plot of land originally intended for exclusively dacha farming, as well as vegetable gardening or horticultural activities, the legal status of the property during the registration process will be listed as a residential building, not intended for permanent residence and the possibility of registration.

Sample certificate of ownership of a dacha

Cadastral registration

Since 2021, amnesty for residential buildings built on target plots has become more difficult due to stricter legal requirements. It introduced conditions that oblige a house to issue a technical passport under the dacha amnesty

. It is the basis for cadastral registration and registration of land ownership.

To obtain a technical passport, you must use the services of a cadastral engineer. As a rule, such activities are carried out by individual entrepreneurs, but you can also contact specialized companies

. The cost of the service depends on various factors and is determined individually.

To draw up a contract for the production of a technical plan, you will need to provide:

Personal information about the customer of the service.
Title documents confirming ownership of land.
Permission to construct the facility, if required by law.
A completed declaration with information about the object.

Attention! Summer residents who do not have a document confirming the allocation of a land plot need to contact the municipality where they can get an extract from the household register. It must be certified by a seal.

The registration certificate is issued and legalized by a specialist within approximately 15 days. The document is not required in the following cases:

The land plot has already been previously registered in the state register.
The site was allocated by decision of a non-profit partnership by the partnership for vegetable gardening, horticulture and dacha needs.
Registration is not required for any legal reason.

For a garden house built on a plot of land owned by a cooperative or society, ownership of the land must first be confirmed with the local government. To register a dacha as a property under the dacha amnesty, an application is written describing the boundaries of the existing plot

. The document is drawn up in any form. After its consideration, a decision is made containing the following information:

The fact of targeted allocation of land is confirmed.
Property boundaries are fixed.
Certified copies of constituent documents are attached.

The following documents will be needed:

The package of documents mentioned above.
Title documents for the land plot.
Cadastral passport for land.
Your passport.
Application in the prescribed form.
Receipt for payment of state duty.

Dachas that are built in dacha partnerships or cooperatives are registered according to a simplified scheme. You will need a cadastral passport of the plot, a certificate stating that you are a member of a partnership or cooperative, a document on the privatization of the plot, title documents for the land, an application

. After registration, we follow the old scheme: we call specialists and make a cadastral passport (it will take 3-4 weeks).

Important ! Under the dacha amnesty, registration of property rights is free. Members of partnerships and cooperatives already pay certain fees annually!

If any documents are missing, you will have to obtain them, but this process is more time-consuming. Before the procedure, we recommend that you seek advice from a good lawyer, because each case is individual, and it is not easy to predict possible pitfalls.

Having become the owner of a dacha and land plot, a citizen will be able not only to use the property, but also to carry out all legal actions. It becomes possible to sell, bequeath, donate or rent out a summer cottage

. Having a state-issued certificate in hand, property disputes with third parties, for example, neighbors, can actually be resolved.

Without documentary proof of ownership, there is still a risk of losing your plot and the buildings on it. You should find out how to register your dacha as a property and become a full-fledged owner before taking action.

How to register a dacha as a property without the necessary documents

Practice shows that quite often citizens who want to register their summer cottages as private property simply do not have the documents required to carry out this procedure. In this case, you will need to visit a fairly large number of government agencies, as well as prepare for additional expenses, and the registration procedure itself may ultimately drag on for quite a long period of time.

First of all, you will need to visit the territorial office of Rosreestr, near which the specified site is located, and provide a complete list of documents.

After the documents are submitted, they are thoroughly checked by authorized employees of the territorial office of Rosreestr, and this procedure is carried out for one month. If the decision is positive, the owner of the plot is provided with a project indicating the fixed boundaries of the plot.

After this, you will need to collect the papers that are required to legally purchase a summer cottage, after which all the papers are transferred to the territorial authority.

These documents are reviewed over the next two weeks, after which a decision is made to refute or confirm the ownership of the specified property.

The last step is to issue a cadastral passport for the received property, as well as collect a full package of documents. With the prepared papers, the citizen will need to contact the Cadastral Chamber to receive the appropriate passport for the acquired property, and then, together with the received papers, visit the territorial office of Rosreestr to register the plot with the state.

After this, the provided papers will be checked within a month, as a result of which the applicant will receive a certificate of state registration, as well as the right to dispose of the land in question.

During the registration process, you will need to pay all kinds of fees and state fees, the amount of which can vary from 350 to 22,000 rubles, depending on the circumstances. In particular, when determining the value, the status of the owner, the size of the land plot, as well as the permissible type of its use are taken into account.

Thanks to the amnesty, the privatization of a dacha can take place according to a simplified scheme. The pros and cons of registering a deed of gift for a dacha are described here.

Where and what to contact

First of all, you need to submit all documents to the territorial department responsible for the distribution of land plots in the region in which the property in question is located.

In this case, the following papers are needed:

a certificate confirming the legal right to dispose of the specified property, which was issued before 03/06/1990;
a detailed description of the dacha plot in question, indicating its exact location (can be completed in any form);
a statement indicating a request for approval of the actual boundaries of the territory in question.

After this, you will need to visit the territorial office of Rosreestr to register property rights.

The list of documents in this case will look like this:

a project that will indicate the exact boundaries of the plot in question, drawn up by the local government;
a certificate confirming the fact of acquisition of real estate located on the territory of the specified land plot;
application for a land plot.

How long do you need to wait and what happens in the end?

In the absence of all the necessary documents, the procedure for privatizing a dacha plot can be quite lengthy, since in this case it will be necessary to draw up a bill of sale, a description of the boundaries of the land plot, as well as an application for approval of these boundaries.

All these documents will be reviewed by the administration for a month, and if a positive decision is made, a draft of the boundaries of the site will be issued.

After this, you will need to submit an application to the territorial office of Rosreestr to issue a cadastral passport and collect the full package of documents necessary for registering the dacha.

In this case, the waiting process will last no more than one month, and only after that the applicant can receive documents confirming the registration of property rights to him.

Privatization procedure

The standard procedure for privatizing a land plot is as follows:

The interested person submits an application to the territorial administration and fills out an application in accordance with the established template, indicating a request for registration of ownership of the dacha plot. After this, an authorized employee of the government agency will have to review the received application and make a decision over the next two weeks. If the conditions for transferring the site into private ownership are not met, you may receive a refusal.
The owner of the plot visits the nearest branch of the Cadastral Chamber to obtain the appropriate passport for his property. To draw up this document, authorized employees of the authority are given no more than five days, and the paper itself will be used in the process of registering ownership of the dacha plot.
Together with all available papers, the applicant is sent to Rosreestr, where he fills out an application for registration of ownership of the property in question, as well as verification of the provided package of papers. If no problems are found, the person must be registered as the owner within ten working days.