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When does the dacha amnesty for the dacha end? What is a dacha amnesty for a plot or a country house, for whom is it, until what year, how to apply

Registration and privatization of property in a simplified manner according to the law is called dacha amnesty. Such a state-approved program included land plots with buildings located on them, located outside the city. Currently, the amnesty has been extended until 2020, although there have been several proposals and attempts to repeal this law more than once. Every citizen can apply for land under a dacha amnesty if he has the appropriate real estate. Therefore, this topic deserves special attention.

What is a dacha amnesty

Real estate, which is actually in the possession of citizens for personal use, can be registered as a property under a simplified program. Owners of real estate, knowing the law, should insist on free registration, perpetual use. Thus, the amnesty applies to real estate and land. For a citizen of the Russian Federation, this is a good opportunity to officially obtain documents for a house built on the site without much time and money. Do not confuse amnesty with the free privatization of a land plot, since the essence is somewhat different.

Law on dacha amnesty

This legal term was officially introduced into the current Russian legislation on June 30, 2006. Federal Law No. 93-FZ, adopted in all three readings, was called “On Amendments to Certain Legislative Acts of the Russian Federation Concerning the Simplified Registration of Citizens’ Rights to Certain real estate objects". The second federal law of July 13, 2015 N 218-FZ "On state registration of real estate" with amendments and additions entered into force on January 2, 2017. Both are accepted in accordance with the Land Code.

What is needed for

If a citizen received a land plot from the state before October 30, 2001, then, according to the amnesty, it can be officially legalized, documents on ownership can be obtained.
The resulting document will be somewhat shorter, and the process itself will be less costly from the financial point of view. State accounting is not only land, but also outbuildings, residential premises, garages, baths, the construction of country houses. The amnesty also provides for such real estate objects that are in the use of a citizen of the Russian Federation.

What gives a dacha amnesty

This issue is especially acute in dacha associations, and causes a lot of controversy and wrangling. Among the main shortcomings of the amnesty, it is immediately worth highlighting the need to pay tax after obtaining ownership of real estate, the occurrence of disagreements in determining the boundaries of the land plot (in the absence of an act of land surveying). However, there are still more advantages, and here are the positive aspects of the dacha amnesty in question:

  • no need for cadastral registration, land surveying;
  • the opportunity to officially legalize squatters;
  • the ability to dispose of real estate at their discretion;
  • protection of property interests;
  • a chance to get a residence permit, official access to energy resources.

What buildings can be legalized

The use of a simplified procedure to transfer a land plot or a constructed building to private ownership is not appropriate for all interested parties. The following properties are eligible for ownership:

  • IZHS objects;
  • garden, country, guest houses;
  • individual garages;
  • baths;
  • summer kitchens;
  • sheds, change houses, hozblok.

In this situation, the registration of real estate is indefinite, with the exception of the registration of a country house in the SNT on a simplified basis. From March 1, 2018, additional documentation will be required for the commissioning of private residential buildings, the availability of cadastral passports, which significantly complicates the essence of the dacha declaration. There isn't much time left. It turns out that amnesty will no longer be provided for residential buildings. You will have to register ownership in an already complicated manner.

For SNT

The period of validity of the dacha amnesty in gardening partnerships is established by law until 2020. The end of the period was constantly postponed by the decision of the current legislation. There is no need for a land surveying procedure for the specified period, the procedure for registering real estate has been established. According to federal law 93-FZ, free privatization of summer cottages, garden plots and garden plots is provided.

For residential building

The period of the registration procedure for individual residential buildings has been reduced to 1.03. 2019, therefore it is important to contact the cadastral chamber in a timely manner and, in accordance with the established registration rules, provide a package of title documents. It is important to understand that registration of dacha buildings is possible only if there is ownership of the land where they are built. You can register a residential building until 2020, but from March 2019, innovations in the cadastral plan and other documents for putting the building into operation will be introduced.

To the ground

In order to issue a land plot under the amnesty, it is important that the land falls into legal possession before October 30, 2001. In this issue, many replace the specified term with “privatize”. This is wrong, because in reality there is a transfer of property from the state to the citizen on a free basis. The grounds for conducting the privatization procedure are of a market nature. With questions on the topic: "Land amnesty" it is recommended to contact the cadastral chamber.

Registration under the dacha amnesty

Knowing until what year the dacha amnesty was extended, it is necessary to find out how the process itself takes place, what documents may be required. Mandatory documents are an act of granting land, a certificate of ownership, and in the event of a change in the original owner, a contract of sale, donation, a certificate of inheritance. Such documentation may be on hand or in municipal institutions, for example, in the BTI. While the cancellation of the dacha amnesty has been postponed to 2020, it is shown to act in the prescribed manner.

Ownership of land

The site falls under the amnesty if there is any title document in hand. The statute of limitations for such documentation is irrelevant. In the absence of such, the right of ownership will have to be defended in court. To register a land plot, you need to contact the Rosreestr authorities, while filling out an act on the property on a special declaration form, an application and attaching all the necessary documents. This:

  • receipt of payment of state duty;
  • standard statement;
  • documents confirming the identity of the applicant;
  • extracts from business books;
  • documents of ownership or other certificates confirming the rights of the applicant.

How to arrange a residential building

The ultimate goal of the applicant is to put a residential building that meets the unified residential norms and standards on registration, to obtain an address and registration in the future. To do this, it is required to provide the municipal authorities with an appropriate application, title documents for a land plot, a capital building located on it. For the construction of private houses, you need a permit, draw up a project, prepare a technical plan, calculate the area and communications.

Under the dacha amnesty, you can get an address 30 days from the date of application. Then, with the document handed out, it is shown to issue a cadastral passport. The residential building will be assigned a new address. The applicant will receive a certificate of ownership only after the state registration of rights to a particular real estate. First of all, it is required to be guided by the second part of Article 15 of the LCD in relation to the concept of "residential building".

Decoration of a country house

If a citizen owns a land plot, and a residential building was erected on it, it is required to register it under a dacha amnesty. Until the spring of 2019, this can be done free of charge, then the service will be provided on a paid basis. The owner of the land plot is required to apply to the housing chamber, while providing the following package of documents:

  • the applicant's internal passport;
  • technical passport of the object (declaration);
  • a document of title to a land plot, for example, an extract from the business book, a certificate of the right of lifetime inheritable possession;
  • cadastral plan of the site and the passport of the house;
  • receipts for payment of state duty.

Bath registration

Household blocks, temporary huts, garages, baths belong to the category of auxiliary premises, which can also be claimed ownership, registered on behalf of the owner. The need for this arises if these buildings are considered capital, for example, they have a foundation. So in the future they can be sold more profitably.

A mandatory condition is the presence of a title document that confirms the ownership of a land plot for farming. In order not to pay high taxes in the future after the completion of registration and registration, it is required to legally prove that the bath has an area of ​​\u200b\u200bless than 50 m2, and this is an additional paid service.

Video

The "dacha amnesty" refers to the procedure for registering land plots and certain types of structures in a simplified manner. Under this scheme, it is also possible to privatize individual residential buildings. The procedure is regulated by Law No. 93FZ of June 30, 2006. It spells out the changes made to legislative acts regarding the possibility of registering citizens' rights to property under a simplified scheme. The dacha amnesty provides for the acquisition of ownership of land and real estate on the basis of a declaration submitted by the owner, according to which the owner's rights to land and buildings are established.

Objects subject to dacha amnesty

All plots that were allocated to Russian citizens before 2001, that is, before the entry into force of the Land Code, can be divided into two categories:

  • allotments for dacha farming, gardening;
  • allotments for household plots or for individual development.

Such sites can be registered under a simplified scheme as part of the ongoing “amnesty”. They usually have outdated ownership documents. They are quite legal, but there is no information about them in the registration chamber. If there is a need to perform real estate transactions (sale, donation, inheritance), they cannot be performed without being recorded in the state register.

On the basis of the submitted documents, the right of ownership will be registered, and the land plot will be put on the cadastral register. If there is no boundary plan, a special note will be made in the cadastre. But if the documents do not contain information about the characteristic features of the object, registration will be denied.

Difficulties also arise with real estate objects built according to the old rules in special territories:

  • in reserves;
  • on the lands of the military department;
  • in park areas;
  • on the territory of cultural objects.

In these cases, documents are considered in a special order and decisions are made individually.

Extension of the amnesty

The amnesty was extended in the summer of 2016 until March 1, 2018. During this time, everyone can take ownership of summer cottages with buildings, as well as individual residential buildings. However, from the beginning of 2017, these properties will be subject to Law No. 218 “On State Registration of Real Estate” (2015). According to this document, all objects subject to privatization must be registered with Rosreestr, which includes the cadastral and registration chambers. That is, in order to formalize the ownership of real estate and land, a simple declaration will not be enough, it is necessary to carry out cadastral work on the basis of the submitted declaration in order to obtain a boundary plan and a technical passport.

The constructed facilities can be put into operation without obtaining a commissioning permit until March 1, 2018. Buildings erected on plots allocated for individual development or on household plots will be issued according to a simplified scheme. However, a building permit must be obtained.

Extended version of the amnesty

In the new law, the amnesty under a simplified scheme is extended until March 1, 2018 for the registration of land plots. To do this, as before, you should contact the registry office and submit the available documents for the land and the application of the copyright holder.

For houses and other buildings from January 1, 2017, it will be necessary to develop technical plans that are drawn up by cadastral engineers or BTI. Specialists will conduct a survey on the ground, determine the coordinates of the structure, its dimensions, and then issue the necessary document. Work will cost about 7-10 thousand rubles.

But there is still an opportunity to register buildings according to the old scheme by submitting a declaration and writing an application. The state duty will be only 350 rubles.

Declaration for simplified registration

To be included in the state register of structures on a summer cottage or garden plot, the following types of documents must be submitted before 01/01/2017:

  • application for registration;
  • paid receipt (state duty);
  • copyright holder's passport;
  • declaration confirming the existence of the property.

A very important document for registration is a declaration, on the basis of which the right of ownership is formalized. Without the appropriate legal registration with real estate, it will not be possible to make any transactions. Moreover, an unregistered house can be demolished.

The declaration is filled in by the copyright holder and provided in two copies. It contains the name of the real estate object, location, year of construction, number of storeys, owner data. Samples can be viewed on the Rosreestr portal. The declaration may be rejected if inaccuracies or defects are found. If everything is correct, then the address will be assigned to the building within 30 days, and then you can proceed to the registration of the cadastral passport.

By the decision of the deputies of the State Duma, the "dacha amnesty" was extended until 2020 - a document allowing the privatization of residential buildings under a simplified scheme was adopted on February 22, 2018. Legislators had to consider this issue in a hurry: less than a week remained before the end of the grace period for registration of country houses and dachas.

Let us tell you in more detail what amendments the new law contains and who will be affected by the “dacha amnesty” after March 1, 2018.

Latest news

The bill extending the grace period was considered by the deputies in a short time: the registration process in the lower house took place on February 16, four days later the document was adopted in the first reading, and two days later - in the third.

The authors of the initiative explained that in order to formalize property rights in a general manner, permits are required for commissioning an object. In some cases, it is difficult or simply impossible to obtain it. Consequently, such houses will be recognized as unauthorized construction, and their owners will have to defend their right in court.

"Country amnesty" - what is it?

This phrase came into everyday use in 2006, when the authorities allowed the owners of land plots and buildings not registered in Rosreestr to legalize property with minimal time and money. The need to launch the program arose due to the large number of unregistered real estate objects, the right to own which was granted according to the previously existing rules.

Federal Law No. 93-FZ “On Amending Certain Legislative Acts of the Russian Federation on the Issue of Simplified Registration of Citizens’ Rights to Certain Real Estate Objects” dated 06/30/2006, better known as the law on “dacha amnesty”, has been in effect since September 1, 2006 of the year.

The document provides a lightweight version of the design:

  • plots for summer cottages, for gardening, horticulture and personal subsidiary plots;
  • buildings erected on them and individual houses.

In the first 8 years alone, according to Rosreestr, more than 10.5 million rights were registered under the simplified system, of which 3.5 million were for houses. The statistics for subsequent years, although less impressive, showed that the program is generally in demand. Therefore, by the end of its action, the question naturally arose: will the “dacha amnesty” be extended after March 1, 2018?

In the fall of 2017, the State Duma received a government bill (registered under the number 302153-7), which provides for an easier process for the privatization of country houses. In particular, the document proposes to exempt citizens from the need to obtain a permit for the construction and commissioning of houses. It will be enough to inform the local authorities about the completion of construction. The deputies approved the document in the first reading on December 21, 2017, but it did not reach the second and final reading by the required date.

How has the law changed?

The law on "dacha amnesty" has been repeatedly amended and supplemented: some of the articles (initially there were 13) have already become invalid, and the originally approved rules have also changed. Thus, Federal Law No. 218-FZ “On State Registration of Real Estate” dated July 13, 2015, which entered into force on January 1, 2017, requires:

  • simultaneously with state registration, put the object on cadastral registration;
  • draw up residential buildings on the basis of a technical plan (a building permit is required for its preparation) and a title document, if the right to land is not recorded in the USRN.

The procedure for registering dachas and garden houses has been complicated - the list of required documents includes a technical plan prepared by a cadastral engineer. It is compiled based on the information in the declaration made by the owner of the property. Building permits are not required. Until 2017, the registration of such buildings was carried out according to one declaration.

Maximum prices for cadastral works

The legislation allows the subjects to determine the marginal prices for cadastral works, but only in relation to land plots. By the Law of the Moscow Region No. 156/2015-OZ dated October 08, 2015, the maximum price for cadastral works in the region is 450 rubles per 100 sq. m. m, but not more than 7,000 rubles.

Back in 2007, the authorities of the Leningrad Region approved the methodology for calculating the maximum price for land management work. The factors influencing its value are listed in the decree of the regional government No. 197 of 08/03/2007:

  • base price for work (set for a plot of 5 acres, the cost depends on the number of adjacent plots where measurements are taken);
  • regional coefficient (the closer to St. Petersburg, the higher);
  • deflator coefficient for the calendar year.

On average, work takes from seven days.


"Country amnesty" is the name of Federal Law No. 93, which entered into force in September 2006, which allows citizens to register ownership of land plots and real estate objects located on them in a simplified form. The federal law is entitled “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Registration in a Simplified Procedure of the Rights of Citizens to Certain Real Estate Objects”.

Real estate that can be issued in a simplified manner

The dacha amnesty applies to land plots received before October 30, 2001.
  • land plots in a city, township or village allocated for individual housing construction (individual housing construction), garage construction, subsidiary plots and real estate objects located on them, for the construction of which a permit is not required under clause 17 of article 51 of the Town Planning Code - garden, country houses , garages, baths (saunas), sheds, gazebos and similar small buildings;
  • dacha plots located in horticultural partnerships, dacha cooperatives, intended for gardening and horticulture, as well as real estate located on them, for the construction of which a permit is not required.

However, not every property can be registered for yourself. If the property is located on the territory of a nature reserve or national park, then registration will be refused. In addition, it is impossible to register objects of cultural heritage, sites in the zones of law enforcement agencies.

The duration of the law

The terms of the law on "cottage amnesty" are different:

  • for buildings located on land plots, for the construction of which a permit is required under paragraph 5 of article 51 of the Town Planning Code, the law is valid until March 1, 2018. Such real estate includes, for example, a private residential building;
  • the law is indefinite on land plots for conducting personal subsidiary, summer cottages, gardening, gardening, individual garage construction, individual housing construction, as well as real estate objects located on them, for which it is not required to obtain a building permit - garden, country houses, baths (saunas ), garages, gazebos and similar small buildings. In other words, even after March 2018, such objects can be issued in a simplified manner.

Simplifications and with them difficulties in design

Although, according to the idea, the law was supposed to make it as easy as possible to register ownership of the land and buildings on it, but in reality there are still difficulties. We advise you to familiarize yourself with the procedure for registering real estate under the "cottage amnesty" and with the information below in order to have an idea of ​​​​what difficulties you may encounter.

Previously, to register a land plot (without constructions), it was necessary to have a bunch of certificates, but in a simplified form, 2 documents are enough: a cadastral plan of the site and a document confirming the rights to the plot or the fact of its receipt. First common situation- many citizens do not have any title documents for the site at all. If there are no title documents in hand, then it is necessary to contact the local authorities or organizations that transferred these plots for use by citizens. These documents include:

  • an act on the provision of a land plot;
  • “old” certificate of title to a land plot;
  • if the site is provided to a citizen for running a personal subsidiary plot, then in this case an extract from the household book issued by the local government is suitable for the title document;
  • other document confirming the rights to the site or the fact of its receipt.

In the absence of the above title documents for the site, it will have to be redeemed and registered in ownership.

"Country Amnesty" began to operate on September 1, 2006. It applied to land plots and buildings on land for individual housing construction, personal subsidiary farming, dacha farming, gardening and horticulture, and garage construction. In order to become the owner of summer cottages, it was enough to submit to Rosreestr any title document issued before October 30, 2001. In Soviet times, land was allocated on the basis of the right of lifetime inheritable possession or permanent perpetual use. And in order to register a country house for himself, a person had to draw up a so-called declaration in a simple written form. From January 1, 2017, in addition to title documents for land for cadastral registration and registration of ownership of buildings, it was also necessary to provide a technical plan of the object, which could be prepared by a cadastral engineer.

According to Rosreestr, since 2006, rights to 3.5 million individual houses and 7 million land plots have been formalized in a simplified manner. Only in the suburbs were registered the rights to more than a million real estate objects. At the same time, the peak of registrations occurred in 2010, when the rights to 196 thousand individual houses and land plots were issued. Since then, the number of real estate registrations under the simplified procedure has been steadily declining, and in 2017, approximately 14 thousand owners of real estate near Moscow took advantage of the "dacha amnesty".

Since 2006, the rights to 3.5 million individual residential buildings have been issued in a simplified manner

"In fact, those who wanted it or who needed it, formalized the right," Nikita Chaplin, first deputy chairman of the Moscow Regional Duma, specified to RG. At the same time, about a million Russians have not yet formalized their rights to individual residential buildings. People are afraid of paperwork and do not want to pay taxes.

However, as recalled by the chairman of the State Duma Committee on State Construction and Legislation Pavel Krashenninikov, all residential buildings that are not properly designed will sooner or later come to the attention of Rosreestr and may be recognized as unauthorized construction. And this is a direct path to the demolition of the house.

Of course, it is possible to put a house on the cadastral register and register ownership of it without a "dacha amnesty". Only this is extremely difficult, given that many houses and cottages were built half a century ago. After all, without an "amnesty" a permit is required to put the facility into operation. The applicant must apply to Gosstroynadzor, who, in turn, will require a building permit. In the Soviet years, such documents were not issued. Therefore, you will have to prove the right to property in court.