Is it necessary to privatize a summer country house in winter? We don’t live in winter

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Published: 07/07/2017

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The concept of private ownership of land in Russia, after a long Soviet period, was restored and enshrined in the country's Constitution in the early 90s. Until this time, real estate and land at the disposal of people were the property of the state.

The adopted privatization law allowed the country's citizens to transform from formal owners of real estate and land into real owners. They had the opportunity to legally secure their rights as owners not only of the apartments in which they lived, but also of garden and country houses.

• What is the difference between garden and country houses?
• Required documents
• Privatization procedure
• Privatization of a country house or garden house on privatized land How is it carried out?
• Features of privatization
• Is it necessary to register garden and country houses on privatized land?

What happens if you don’t privatize your dacha plot?

• Build a garage for personal use;
• Rebuild the house;
• Build a summer house or farmstead;
• Grow garden or garden plants.

It should be understood that if the land is left in the ownership of local authorities, it is possible to lose it in the future without receiving any compensation in return. This situation may arise, for example, if urban development is necessary.

Free privatization can be carried out only for one summer cottage and only once during a lifetime.

How to privatize a country house and garden house

In the existing practice of privatization, there are a large number of cases when the owners of garden and dacha plots and buildings erected on them have only a gardener’s book in their hands. In this case, the privatization process must begin by contacting local authorities with an application for the provision of land ownership. After receiving a decision on the allocation of a plot, you can contact the authorities registering property rights, having previously surveyed the plot and issued a cadastral passport for it.

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The period for consideration of an application for privatization of a building is determined by law to be 2 weeks. In case of refusal, it is provided in writing indicating the reasons for the negative decision. It can be appealed in court. If the issue is resolved positively, the next step in privatization is registration of property rights. A package of documents for the building is submitted to the Registration Chamber along with the decision of the administration. A receipt for payment of the state fee is submitted along with them.

On what grounds can privatization be refused?

Not every dacha plot or dacha can be privatized. There are situations when a land plot is part of territories prohibited for transfer to private ownership. We are talking about the following territories:

• Specially protected state territories;
• Plots reserved by the state for development;
• Other territories that fall under this ban.

Additionally, you can obtain detailed information on this issue from the administration or the state registration department.

How much does privatization cost?

The procedure for transferring a house into private ownership requires the initial privatization of the land on which it stands. In this case, a state fee is paid. The amount of state duty depends on the category of land:

• Land intended for private housing construction, personal subsidiary plots (LPH), for gardening and vegetable gardening - 350 rubles;

According to the law, privatization does not require payment from citizens, as it is free of charge. At the same time, you will need to pay a state fee for carrying out certain registration actions. On the other hand, this rule does not apply to all areas, but only to the following:

• The allotment was received by the applicant before 2001;
• The owner of the territory is a member of a dacha or garden cooperative, and we are talking about collective privatization.

Is it necessary to register a garden house for summer residence?

Important For owners of land plots with a type of permitted use for dacha farming or construction, gardening and vegetable gardening, the simplified procedure for registering buildings is valid without setting deadlines, that is, indefinitely, and for owners of land plots with a type of permitted use for individual housing construction and personal subsidiary plots, such a period determined - until March 1, 2021. At the same time, the presence or absence of registration of ownership of a garden house does not affect the actions for its reconstruction. A simplified procedure for registering ownership of this category of real estate also applies to the reconstruction of buildings that were previously registered.

Plots of private household plots, which are on the balance of the settlement, can be used for the construction of both residential and utility premises. And plots under ILI provide for certain restrictions on buildings:

Nuances

Real estate can be transferred from one person to another not only through the conclusion of a purchase and sale agreement. It is also privatized, which means the transfer of ownership rights from the municipality or state to a private individual.

Privatization is a free procedure that involves obtaining real estate in several ways. This also includes a country house. The process for approving a transaction is established by current legislation.

Previously, it was not possible to obtain real estate by commercial means. People received apartments from the state fund or from the enterprise where they worked. Privatization appeared in 1991, and it became possible to legally carry out a procedure aimed at transferring real estate from state or municipal ownership to private ownership.

For a quarter of a century, people have been privatizing property that was transferred to them by government agencies. After the USSR collapsed, people still had the right to enter into social rental contracts. It should be taken into account that it is precisely such an agreement that gives the right to carry out privatization.

The object is a summer cottage, an apartment. The process of completing the procedure is directly dependent on the object in relation to which it is being carried out.

Principles

Privatization can be carried out by any citizen who does not own housing. If he was provided with living quarters in a dormitory, he does not have the right to register such property as his own.

This is important to know: What is the difference between property and privatization?

Important! An organization also has the right to privatize property. It is necessary that its assets be less than 1/4.

Almost every person is endowed with the corresponding right, but it does not apply to all types of property. In particular, the transfer of ownership cannot be carried out in relation to:

• housing that belongs to the emergency fund;
• living space located in the dormitory;
• housing for official purposes;
• other property, which is designated in regulations at the local level.

Privatization of a dacha

Privatization of a garden house on privatized land is complex. Before privatizing a dacha, you will need to study all the nuances. Why would you waste money?

You will need to submit an application to the land committee. In addition, it is possible to contact the multifunctional center.

The application is drawn up in free form. You must specify:

• your data;
• details of the document used to verify identity;
• taxpayer number;
• What area is the house located on?

In order to register rights, you need to contact several bodies: municipal authorities, an organization operating in the field of cadastres, Rosreestr.

When contacting each authority, provide a separate package of documents. It will not be possible to contact the municipal administration with only a membership card in hand, since it does not give you ownership rights.

It is necessary to contact the cadastral authority, where measurements of the land on which the dacha is located are taken. The data will be entered into the technical passport. The area needs to be surveyed.

Rosreestr is the last place to be contacted, since real estate is registered there. Specialists will issue a certificate confirming your ownership rights.

In order to apply for privatization, you need to provide:

• application according to the available sample;
• identification document;
• cadastral documentation (if available);
• documents that confirm that you have rights to the land;
• title papers in relation to all buildings that are located on the land plot (donation agreement, purchase and sale agreement, etc.);
• technical documentation regarding real estate on your land;
• extract from the Unified State Register.

The privatization process will take a long time. The duration depends on whether you have submitted the entire package of documents or not. An application for privatization of a dacha is considered within 14 days, then a decision is issued.

Is it necessary to privatize a country house on privatized land in SNT

To find out whether it is necessary to privatize a country house on privatized land in SNT, it is worth understanding the intricacies of using such territories, as well as what rights are assigned to the owner of the country house and the house initially. Today there are several ways to become the owner of land or a summer house. On the one hand, these are standard legal schemes - purchase and sale, donation, inheritance, and on the other - the privatization of a summer cottage in SNT. It should immediately be noted that the procedure has an undoubted advantage: it is free of charge. This right is enshrined in Federal Law 93, which has been in force since 2006.

Is it possible to privatize a dacha in SNT?

The right to privatize a dacha in SNT is given to all citizens who do not own other property. Even if the applicant owns part of the territory or other property, he will not be able to use this right.

According to the law, almost every second citizen can register the privatization of a dacha in SNT, however, the difficulty lies in the fact that not every object can have ownership rights established. To find out what pitfalls a citizen may encounter, one should study in detail the procedure for holding the event and answer the question - why privatize a dacha plot in SNT.

This is important to know: Criminalization of property relations in the process of privatization

Registration of a country house in SNT, if the land is owned

Even if a citizen who wants to build a house on a plot has registered ownership of it, it does not apply to the building. All owners are required to register their homes as their property. Otherwise, the building will be considered as “self-construction”, which means that government agencies have the right to demand its demolition.

Before registering a house, you should make sure you have the necessary papers. A simplified registration procedure allows you to get by with a minimum package of documents. But there are certificates that the owner must have.

How to privatize a dacha and land in SNT?

There are special privatization rules for the owner of a summer cottage in SNT, which every citizen must comply with. To begin with, it should be noted that the procedure consists of several stages and begins directly with the submission of an application to the land committee. You can send an appeal through a special organization - the MFC, or you can submit it directly during a personal visit. The appeal must be made in writing and must contain the following information:

• Applicant details;
• Citizen's passport details;
• TIN;
• Characteristics of the territory that will participate in privatization.

To obtain the desired certificate of ownership of the plot, you will need to visit several authorities and submit certain documents to them. We are talking about the following institutions and services:

• Municipality;
• Cadastral Chamber;
• Rosreestr.

Algorithm of actions for the privatization of land and dachas

It is important to note that for each authority it will be necessary to prepare a complete package of documents. Often, an applicant for a garden plot only has a membership card or garden book, which does not give any legal right to dispose of the land. In this regard, you will need to contact the local government and submit an application, together with additional documents, to receive a document certifying the allocation of land in the SNT for private use.

An equally important point is to contact the cadastral chamber. Specialists from this department will be able to carry out all the necessary measurements of the site on which the house was built. All received data will be entered into the technical passport of the object.

A necessary procedure is land surveying. This is a very complex and responsible process, without the results of which the land cannot be registered in the cadastral register.

After all the required actions have been completed, you can submit an application to Rosreestr and register the territory, followed by providing a certificate of ownership of the site. The described algorithm of actions is suitable if there is no SNT, and the citizen himself is involved in privatization.

In the event of privatization of all plots in a gardening partnership at the same time, a general application is submitted, but with the signatures of all participants. This requires a lot of time, however, citizens receive all final documents much faster.

Is it necessary to privatize a garden house if the plot is owned by a gardening company?

It is not necessary to privatize a country house if the land is already owned (how can you find out if the land has been privatized?). The owner must decide for himself whether to carry out the procedure or not.

If the owner decides to sell the plot along with the building, then documents will be required. It is likely that when registering a land plot, the documents also contain information about the house. Each situation is individual.

From 2021, privatization can only be carried out if there is a cadastral passport for the country house. A document is being generated by the BTI authorities. To register non-residential premises, you must fill out a declaration. If the area is residential, then a technical passport for the property is required.

The process of privatizing houses on an already privatized site is carried out in the same way as on a non-privatized one (how to privatize a land plot in a gardening partnership?). In this case, a certificate of ownership of the land plot is issued.

Necessary documents for privatization

As we noted above, in order to privatize land in a gardening partnership, you will need to collect certain documents:

• Application in the prescribed form;
• A copy of the passport or other identification document of the applicant;
• Cadastral plan, if the document is still in the hands of the citizen;
• All legal documents for the territory;
• Title documents: deed of sale, deed of gift, other documents;
• Technical passport for the building and boundary plan for the plot;
• Extract from the Unified State Register of Land Rights.

All documents must contain reliable and up-to-date information, and be certified with blue seals and signatures of officials.

Registration of a country house on a garden plot: is it necessary from a legal point of view?

• Draw up an agreement with the cadastral service, which will draw up a technical plan for the structure.
• Pay the state fee.
• Contact the MFC with an application to register property, attaching the necessary documents, which will be discussed in more detail a little later.
• Receive the corresponding extract from the Unified State Register of Real Estate.

It is possible to draw up a technical plan in paper form, with the certifying signature of a cadastral engineer, which will be transferred to the cadastral contract according to the contract. Also, the contract must stipulate the amount of work provided to the cadastral organization for drawing up a technical plan of the facility.