What is a garden plot
This is a plot of land that is classified as an agricultural area and is intended for gardening. On such a site you can build a permanent residential building and register it if the property is registered.
Most garden plots are part of SNT - a garden non-profit partnership. Such plots belong to municipalities and are allocated to citizens on the following basis:
- Long-term rental;
- Perpetual inheritable ownership;
- Indefinite use.
Conditions of registration
A simplified registration of ownership of a dacha plot is allowed. In accordance with the Land Code of the Russian Federation, a plot of land can become the private property of a participant in a dacha association free of charge. The owner will not have to pay the full price. But you need to pay a state fee for the production of a cadastral passport and registration actions in Rosreestr.
Acquiring property is permitted in the following cases:
- The plot is part of a dacha cooperative or other citizens' association;
- The land was allocated to the dacha cooperative before the Land Code of the Russian Federation came into force in 2001;
- The cooperative decided to redistribute plots between participants;
- The site was not limited in circulation or withdrawn from it, and was not reserved for state, municipal or military needs.
The simplified registration procedure under the so-called law “On the Dacha Amnesty” is valid until the end of 2021. For this reason, it is better not to delay registration until the end of the period, as this limits the ability to dispose and does not allow the land to be sold at a higher price. By the end of the term, the number of people wishing to receive property may increase, so you should hurry.
Registration procedure
To register a garden plot as your property, two methods are used:
- Free privatization;
- Allocation of a share from joint ownership in SNT.
If the plot is part of collective property, the right can be obtained by purchasing a share or share. The procedure is carried out in the following way:
- First, you need to publish an announcement in the local media about the planned allocation of a share of land;
- If the participants in common ownership do not submit an objection within 1 month, boundary work is carried out to determine the boundaries of the site;
- The cadastral engineer will determine the boundaries and check that they do not overlap neighboring areas;
- Based on the results of the work, a boundary plan and cadastral passport are drawn up;
- Next, you should contact Rosreestr with documents to register the property and register the plot as a separate plot for cadastral registration.
If the SNT is small, it is not necessary to send an advertisement to the media. It is sufficient to send written notice to each participant.
What documents are needed from the seller?
You can only sell property that you own. Therefore, the seller must confirm his rights to the dacha, which means the set of documents is quite large.
A citizen has the right to sell a dacha located on someone else’s property. The new owner will have the right to use the land on the same basis as the previous one.
The seller must present:
- USRN extract for the house and plot;
- cadastral passport and land plan;
- land surveying documents;
- paper confirming the acquisition of property rights (sale and purchase agreement, gift, inheritance);
- certificate of no debt;
- consent of the spouse, including the former, to the sale of land.
A certificate of ownership can be attached to this kit. However, in 2021 this is not necessary, because... Just like the cadastral passport, an extract from the Unified State Register is replaced.
Among the papers is the spouse's consent to the sale. It must be notarized. If the buyer is not required to have this document today, then the seller is required to do so. If the seller received the dacha while he was married, but was divorced by the time of resale, then the consent of the ex-spouse is required.
This is important to know: Allocation of shares to children based on maternity capital from sole ownership without a notary
Exceptions will be:
Important! The seller bears all expenses for preparing the documents. Debts on utilities and payments for membership in SNT are also recommended to be closed before concluding a purchase and sale agreement.
Required documents
First of all, you need to get a positive decision from the local administration. To do this, submit the following package of documents:
- Layout of the site next to neighboring ones;
- Extract from the protocol on the allocation of a plot for the owner, drawn up at the general meeting of SNT participants.
In order to safely register ownership of a garden plot, the following documents are submitted to the nearest branch of Rosreestr:
- Civil passport of the owner;
- Statement of the established form;
- A document of title, which can be a privatization document or a decision of the administration to provide ownership of a plot of land;
- Cadastral passport;
- Certificate about the date of joining the cooperative, the size of the allocated plot and the absence of debts to SNT;
- Boundary plan;
- Declaration for buildings (filled out in person);
- Receipt for payment of state duty.
If the necessary documents are provided and there are no contradictions in them, the registrar will register the plot of land and register ownership.
What to consider when buying a summer house
When purchasing a plot of land and a country house, you need to exercise maximum caution so that you don’t have to regret the money spent later.
8 cases when it is better to refuse a purchase:
- the land plot is under arrest or encumbrance;
- there are debts to pay utility bills;
- the seller has debts to make payments to SNT;
- there are litigation regarding land allotment;
- the plot is not registered in the cadastral register;
- neighbors have claims regarding the boundaries of the site;
- the spouse does not give permission for the sale;
- ownership of the house and land plot has not been registered.
Obtaining a title document
The stage of collecting documents requires special attention. If at least one of them is missing, property registration may be refused. The most important of these is the title document. It confirms the fact that the citizen has received land. In the case of designing a garden plot, the following can be used:
- Certificate of right to lifelong inheritable ownership or permanent perpetual use. The document is issued for a plot allocated by the municipality within its territory.
- An act granting land for lifelong inheritable possession or permanent perpetual use. The document is issued by the local government authority.
- An old-style certificate of ownership of a plot, which takes the form of a separate document indicating the owner’s details, cadastral number and full address of the plot.
- An extract from the household register indicating the rights to the land plot. It is issued if the land is provided to a citizen for personal farming.
The title document must be drawn up first. It acts as the main confirmation of ownership and the basis for its emergence. In the event of a legal dispute, it is difficult to prove your position without it.
If the title document was previously issued and lost, it must be restored. To do this, you should contact Rosreestr or the local administration. The owner's passport and other documents confirming ownership of the plot are provided.
If the document is nowhere to be found, you will have to apply to the district court at the location of the garden plot to recognize ownership. It is important to correctly draw up a statement of claim, indicating detailed information about the date and features of obtaining the site. At the end of the appeal, a request is indicated to provide ownership of the plot.
Supporting documents and evidence are attached to the claim. It is better to attach as large a list as possible. These could be receipts for payment of membership fees and utilities, a garden book, payment documents or a contract for repair work or construction of buildings, if any. In case of a positive outcome, a court decision is issued, which is submitted to Rosreestr or MFC as a title document.
What documents are needed
In 2021, you need to check with the seller the documents for the country house and land plot, because the buyer receives these two pieces of property.
7 documents for purchasing a summer house:
- certificate of ownership. Confirms the legality of the basis of ownership in the agreement of purchase and sale, donation and exchange;
- cadastral documentation for a country house and land plot;
- a certificate from Rosreestr confirming the absence of arrests and encumbrances;
- a certificate confirming payment of utility bills;
- a certificate confirming payment of membership fees to the cooperative;
- a certificate in Form No. 9 is needed in 2021, when the land plot along with the house is sold;
- extract from the house register
To purchase a plot in SNT, approval from the spouse will be required if the property was purchased during family life. The transaction permit is certified by a notary.
Obtaining a cadastral passport
It is provided in the form of a map containing information about the boundaries of the land plot. The document contains graphic and descriptive sections. It is necessary to confirm the boundaries of the site. Until 2008, a cadastral plan was issued by the Cadastral Chamber. Today you can order the issuance of a cadastral passport at the local branch of Rosreestr.
If there is no cadastral passport, an extract is issued stating that the plot does not have a cadastral number and is not registered with the state. This means that documents on the site were not previously provided and they are not in the state real estate register.
In this case, the boundaries of the site must be surveyed with the involvement of a cadastral engineer. He needs to provide the available documents. If necessary, he will request additional information from government agencies. You will have to pay for the service yourself. In addition, it is necessary to obtain signatures from the owners of adjacent plots that they agree with the definition of the boundaries at their location. If there is a claim, land surveying will have to be postponed until the trial.
If neighbors refuse to sign and do not make contact, without showing disagreement, it is enough to notify them in writing about the planned land survey. In this case, notifications about sending notices are attached to the land surveying act.
Declaration for buildings
It is provided for all buildings, such as a garden house and outbuildings - a garage, a bathhouse and other capital objects. According to Art. 17 of the Town Planning Code of the Russian Federation, simplified registration is allowed only for those objects for the construction of which a permit is not required. These include a country or garden house, a separate bathhouse, a sauna, and a garage.
If a permanent residential building is being built, a declaration alone will not be enough. Additionally, a permit is required, which is issued before the start of construction work. The declaration is drawn up by the owner and includes descriptions of existing outbuildings. The document is drawn up in 2 copies separately for each object. You can use the declaration form.
Registration of ownership
First you need to contact the administration at the location of the site. The application with documents is considered within 14 days. As a result, a decision is issued to provide land or refuse privatization. An act of transfer of the site is issued indicating its exact location and technical characteristics. This is important so that it can be accurately identified among neighboring plots.
Next, a cadastral passport is issued, the preparation of which takes up to 5 working days. At the final stage, state registration is carried out in Rosreestr, which is carried out within a maximum period of 7-9 working days. After receiving an extract from the Unified State Register of Real Estate, the owner receives full rights to dispose of the site.
To complete the registration, you need to submit the collected package of documents to Rosreestr or through a convenient branch of the MFC. The state fee for carrying out registration actions in the amount of 2000 rubles is paid in advance. A standard application form can be taken from the employee and filled out on the spot.
The employee accepts the documents, provides a receipt for their receipt and sets a date when he can appear again. It takes up to 7 days to register property through Rosreestr; if documents are submitted to the MFC, it takes another 2 days. This is due to the time required to send documents.
The next time you apply for a receipt, documents and an extract from the Unified State Register are issued, which indicates the name of the owner.
At each stage of obtaining documents, it is necessary to check the correctness of the information about the site and the owner’s passport data. It’s easier to immediately submit documents for correction. Otherwise, the documents will be invalid. In the event of a legal dispute or the need to sell the land, you will first have to re-register the documents.
Risks when buying a summer house
The risk for the buyer when purchasing a garden plot is the fees that members of the association are required to pay. You should talk to the chairman in advance and clarify the size of future investments. You will have to pay for utilities, as well as various improvements, such as road repairs.
Boundary disputes with neighbors are another risk for the new owner. There is a risk of disputes with neighbors, especially if the boundaries of the plot were determined a long time ago.
Therefore, before purchasing, you should order an extract from the Unified State Register and familiarize yourself with what documents the owner must have for his dacha.
The land was inherited
It happens that ownership of land is inherited, but the previous owner did not register the right through Rosreestr. In this case, you must first submit an application for inheritance.
Next, you need to contact Rosreestr for an extract from the Unified State Register and obtain a cadastral passport. Information is provided about the absence or presence of buildings, and the estimated value is established. This data is necessary to determine the volume of property and the amount of state duty for inheritance. It is also important to confirm the relationship, for which a marriage certificate, birth certificate or other certificates are provided.
Six months after the opening of the inheritance case, the notary issues a corresponding certificate. You should contact the administration with a complete set of documents to obtain a privatization document. After this, you should contact Rosreestr for the final transfer of ownership.
As a result, to register ownership of garden land, you need to collect documents from SNT and the local administration. After this, they are submitted along with the application to Rosreestr. If everything is in order and a complete package of documents is submitted, the plot is registered in the cadastral register and the ownership is registered. Then you can fully manage the land - sell, donate or transfer for use under a formal lease agreement.
Connecting to networks and checking debts
A significant point when buying a summer house is the presence or potential opportunity to connect the built house to utility networks - therefore, it is important to check the documents confirming the presence of existing communications. When buying a summer house, you should also minimize the risks associated with debts on taxes or service fees . To do this, you should request the relevant information from the seller.
This is important to know: Give up your share of ownership of the apartment in favor of another person
Text prepared by Alexandra Lavrisheva
