Registration of a garden plot as a property: step-by-step instructions

Why is registration required?

Any real estate can be disposed of (sold, inherited, donated) only if there is appropriate documentation for it, drawn up in accordance with the legislation of the Russian Federation.
The owner is not considered the full owner, even if the house was built with personal funds. All the same, the building will be listed as illegal. Another reason to legally register is the threat of penalties for illegal construction. Since private property previously did not exist, all unregistered dacha buildings are under municipal or state jurisdiction.

A simplified registration procedure is when a minimum of time is required to complete it due to a smaller number of required documents. It is possible to take advantage of this advantage not only when legitimizing country houses, but also other objects on the land plot.

They mean those that have the following purpose:

accommodation;
storage of garden tools;
keeping livestock and poultry;
placement of a vehicle;
for gardening.

Briefly, the simplified process consists of two successive stages: registering real estate for cadastral registration and making a corresponding entry in the Roseestra.

Instructions on how to register a dacha as your property:

Contact the BTI to assign a cadastral number to the privatized object.
Next, you will need to draw up a technical plan, which by law must be drawn up in electronic form and signed with a digital electronic signature of the engineer. It is acceptable to attach a paper version, sealed by the institution and signed by the employee who carried out the work. This procedure takes 2 weeks.
A state fee of 350 rubles is paid. (per one registered unit). The receipt is attached to the general package of documents.
The collected documentation is submitted to the relevant authority (Roseestr).
All that remains is to obtain a completed extract from the Unified State Register of Real Estate, confirming the status of the owner of the dacha.

Through "State Services"

It is possible to request the dacha amnesty service through the State Services. To do this, you should first register on the portal and confirm your account. It will not be possible to complete registration in this way, but you can register for an initial visit to the MFC through the “My Documents” section and track the status of the submitted application.

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.

How to register a site through commissioning

If there is no house or other buildings on the plot of land, but construction is planned to begin in the near future (or it is underway, but it is clear that the process will not end until March 2020), the registration process will be different. You need to contact the MFC and provide:

passport of the owner of the site;
an extract from the state register about the rights to the plot;
urban planning plan;
design documentation, which confirms the compliance of the future facility with the standards.

The State Administration will issue the applicant a construction permit with a 10-year validity period. But it will be important, after finishing the construction of the facility, to invite a commission to check and issue a commissioning certificate. Without this, the house will be considered illegal.

The beginning of registering ownership of a country house in 2021 begins with collecting the necessary documents; follow the step-by-step instructions.

A simplified procedure for registering ownership of a residential building on land in SNT consists of following the following steps:

If necessary, we make a technical plan for the house.
We collect documents and send them to Rosreestr.

Collect the necessary documents according to the list, which includes:

technical plan for a capital construction, where all its characteristics are indicated (drawn up by a cadastral engineer based on the declaration of the property);
identity card of the citizen (passport) who registers the ownership of the building;
title documents for the plot of land under the house (extract from the Unified State Register or certificate of state registration of the right to the land plot).

Completed sample declaration on real estate, see below.;

The definition of dacha amnesty began to be used everywhere after 2006. The law allowed the legalization of real estate that does not have official registration with Rosreestr in a simplified manner. How to apply for a dacha amnesty through the MFC? Now this can be done by spending a small amount of time and money. This initiative was taken due to the presence of many unaccounted for buildings.

The law provides for registration in a simplified manner:

Land plots for the purposes of gardening and subsidiary farming;
objects and individual houses for living built on dacha plots.

For owners of country houses who wish to undergo a simplified registration procedure, the deadlines have been legally extended until 03/01/2020.

The dacha amnesty through the MFC will take a little time if you know how to prepare. It is necessary to check whether the land plot with the buildings erected on it complies with the established requirements and restrictions. If it corresponds, then filling out a declaration is required. Papers can be filled out in advance, or directly at the branch of the multifunctional center with the help of a center employee. The declaration is completed in two copies.

The declaration must be completed separately for each type of real estate. For example, if in addition to the house there is a garage on the site, then you will need to fill out a declaration for it. What documents are needed

An object	Documentation
Country cottage area	1. passport
	2. confirmation of the right to the object; object passport
	3. statement
	4. duty payment receipt
House, garage, cottage, outbuildings	1. passport
	2. statement
	3. duty payment receipt
	4. technical plan, object passport
	5. confirmation of the right to the object

If the plot passport is lost or missing, a cadastral plan will be required. The prices for the work are quite high, so additional costs should be provided for in advance. The specialist must have the appropriate certificate.

To fill out a technical plan for the site, if it is not available, you should invite the cadastral service. She will carry out land surveying and draw up a plan for the location of real estate, fill out the technical specifications in the plan, and determine the boundaries.

Depending on the way of obtaining rights to real estate (purchase, inheritance, gift), various papers may be needed to confirm ownership rights. You may also need:

Order from municipal authorities on the issuance of a plot;
a certificate of inheritance issued by a notary;
agreement of purchase or sale, donation, exchange;
evidence that the previous owner, who transferred the property under the agreement, had rights to the site;
conclusion on the distribution of shares between the owners.

After verification, the MFC specialist will send the package to Rosreestr. Based on the results of consideration of the application by Rossreestr specialists, the site will be registered. Then the buildings located on the site will be decorated.

If there are no residential buildings on the land plot, but the owner plans construction in the near future. Or if construction is already underway, but not yet completed. In such a situation, the list of documentation will be different.

We suggest you read: When the probationary period is over

What you will need to complete the commissioning process:

1. passport

2. confirmation of ownership of the land plot (extract)

3. construction plan

4. residential project

The developer will be issued a building permit. It has a ten-year validity period. After completion of construction, the object is presented to the commission for consideration. A commissioning act is drawn up. If there are no permits for construction

If the issue of obtaining permits for construction was postponed “for later”, or was not resolved at all, then the consequences of this decision can be disastrous. The result may be the demolition of an illegal building by court decision or the transfer of property rights to another person.

To build a summer house on a special territory, you do not need permission. It will be needed to build a facility on the territory intended for individual housing construction. The latter option is attractive because it allows you to register the house. Such areas have good, developed infrastructure, which is also a big plus.

Objects built independently without permits cannot be used for sales and purchase transactions, donation, or rental. The owner may be fined and required by court to demolish the object at his own expense.

To save the building, you need to go to court. If the court decision is positive, you can contact the authorities that draw up the documents. Rosreestr, if there is a court decision, will register ownership of the house.

Compliance with the following conditions will help you obtain a positive court decision:

the owner of the site has all legal rights to it, which is confirmed by documents;
the rights and interests of other people were not violated by the construction of this facility;
the building is safe for the health of other people;
During construction, approved standards were observed.

Before going to court, you should obtain documents confirming these facts. Expertise may be required.

How to apply correctly?

After collecting documents, you should contact the administration in whose department the land is located.
If the site belongs to a municipality, then you should contact the land management committee of the local administration.

If it belongs to a federal body, the application is made to the regional branch of the Federal Property Management Agency.

Officials will review the received package and agree on the issue of providing ownership of the site.

If the decision is positive, geodetic work is carried out and a cadastral passport is prepared with a full description of the object and an indication of its exact location. Thanks to the act, the site can be easily identified among others.

If the land is inherited, and the previous owner did not register his rights, an application for inheritance is initially submitted to a notary, who will open the inheritance case.

Next you need:

contact Rosreestr, obtain an extract from the Unified State Register and a cadastral passport;
confirm your relationship with the deceased with any relevant document;
provide a description of the object - the presence of buildings, in what quantity, etc.;
property appraisal work is carried out to calculate state duty;
six months later, when the notary issues a certificate of inheritance, you can begin registering rights.

Regulations for registration of dacha ownership

Registration of a house on a summer cottage as property is possible using a simplified scheme. This happens if a number of conditions are met:

the plot with buildings was allocated to the dacha community until October 30, 2001;
the presence of an agreed decision of the cooperative to assign the plot to the person who plans to register it as private property;
the land plot should not be considered withdrawn from state circulation or reserved.

The summer resident will be able to submit the required package of documents independently or through an authorized representative, who will be provided with a notarized document for this action. The law does not prohibit submitting a collective application. It must contain the signatures of all people involved in privatization.

What should owners of a piece of land do when there is no house, and its construction is only planned in the near future or has just started? In such a situation, the registration procedure changes slightly.

Documents required to present:

passport;
land ownership in the form of an extract from the register;
urban planning plan;
project for the future house with applications for compliance with its current standards.

As a result, the owner will be given a permit for a period of 10 years. Upon completion of construction, it is necessary to convene an acceptance committee and record the fact that the building has been put into operation.

Many summer residents build houses without obtaining permission, since they have to pay a considerable amount for this. As a result, the dacha is almost ready, but it is not documented anywhere. To prevent demolition, it is recommended to file a lawsuit.

Before doing this, it is advisable to obtain the support of regulatory authorities. This means obtaining the necessary documentation from sanitary institutions on the compliance of the building with all legal standards, including safety. After a positive court decision, the owner can register with Roseestra or the MFC.

Help with completing the necessary documents can be obtained directly from the Roseestr office through an online consultant. If there is free time, they personally visit the institution, where they ask any employee for a certificate.

Timing and cost

The most expensive part of the entire process is the registration of a cadastral passport .
The cost of surveyors’ work varies from 3,000 to 10,000 rubles. The final price is influenced by many factors, including the region where the property is located.

The state fee for registering rights in Rosreestr is 2,000 rubles for individuals (Article 333.33 of the Tax Code of the Russian Federation).

If the land is shared, for example, issued by SNT, then the state duty will cost 350 rubles, multiplied by the size of the share. For example, 350 * 0.4 hectares = 140 rubles.

If the land was leased, then the owner may be offered to complete the purchase, which will require a certain amount.

Coordination with the administration for the allocation of land ownership lasts up to 14 days. The formation of a cadastral passport will take 1–3 weeks. Registration of rights takes from 7 to 9 working days. If there are problems with documents, registration of land ownership can take up to several months.

Still have questions?

Consult a lawyer (free, 24/7, 7 days a week):
8 Federal

8 Moscow and region

8 St. Petersburg and region

Attention! Lawyers do not make appointments, do not check the readiness of documents, do not advise on the addresses and operating hours of the MFC, and do not provide technical support on the State Services portal!

In short, the step-by-step instructions for decorating a house under the dacha amnesty look something like this:

collecting the necessary package of documents;
contacting Rosreestr or MFC;
receiving a document confirming registration in hand or a refusal if something was done incorrectly.

It is important to pay very close attention to each stage so as not to go to Rosreestr with documents several times. Before applying, it is recommended that you familiarize yourself in detail with the list of required papers and other requirements (for example, find out the amount of the state duty, without which Rosreestr will refuse to draw up documents).

So, a person owns a residential building located on a plot of land in SNT. What documents does he need to collect to register such real estate? Naturally, you will not do without an application and an identity document (Russian passport). Title papers will also be required in relation to the real estate being registered as ownership. We can talk about registration:

Land plot. You will need a cadastral plan of the site, as well as a document confirming the right to the land. In the case of SNT, they will receive a certificate indicating that the applicant is a member of the partnership and a certain land plot has been allocated for its use (property). It is the last paper that serves as the basis for registering the site. If the land ownership has already been registered, you can skip this point.
Garden house. If the land has already been registered as a property, you will need the appropriate title documents (for example, an extract from the Unified State Register of Real Estate, a certificate of state registration of rights to a plot of land). The main document is a declaration or cadastral passport (technical plan) for the construction itself. This document must contain all the important parameters of the house, including the location address, type of building, its purpose, cadastral number of the land plot, the presence of external walls and connected communications to the house. The applicant does not fill out such a document on his own - he will have to involve a cadastral engineer, and he must be accredited to issue the declaration.

If, in addition to a residential building, there are additional buildings on the land plot, for example, a bathhouse or a garage, they also need to be registered. A declaration and title documents are also needed here.

When ownership is acquired after the death of the owner, his heirs must first assume their rights by law or by will. They can obtain all the necessary documents for the site at SNT.

When the documents are ready and fully collected, you can contact Rosreestr to complete them. You can get help in preparing and submitting papers at any multifunctional center. Moreover, it can be located anywhere, regardless of the applicant’s place of residence or the location of the site itself.

If a person wants to register the rights to the plot himself, without contacting the MFC, then he can do this in one of the following ways:

come to the Rosreestr office in person;
submit an electronic application for registration of ownership of a house on the official website of Rosreestr (you must first scan all documents and attach them when filling out the online form);
send all documents by mail (except for the required papers, you will have to attach an inventory) by registered mail with notification of receipt - then you will have proof that the documents were actually sent to Rosreestr and received on a certain date.

Before sending, do not forget to pay the state fee. When registering a land plot, it is 100 rubles, for registration actions - 350 rubles. Prices are valid for those participating in the dacha amnesty.

There is no need to provide the receipt for payment of the state duty - all information will be displayed in the Rosreestr database automatically. To be even more reliable, you can make a copy of the payment document and attach it too.

After receiving the application and documents, Rosreestr employees process the application within 2 weeks. When the data is entered into the database, the owner will be given a corresponding extract from the Unified State Register of Real Estate, indicating ownership of the residential property (country house).

We invite you to read: What is the secret of adoption, and who is responsible for disclosing the secret of adoption in Russia

Sometimes an application may be refused. For example, if incorrect information is provided. In this case, you will have to correct the papers by taking an extract from the business book from the local administration and apply again.

Sequencing

The procedure for designing a garden plot consists of the following stages:

collection of documents;
contacting the administration;
registration in Rosreestr.

First, you need to collect documents confirming the rights of ownership of the territory that were issued to the citizen by the administration. If the plot is registered with the state cadastral register, then it is necessary to obtain an extract from the Unified State Register of Real Estate.

Contacting the administration

The documents must be submitted to the land committee at the administration, if the land belongs to the municipality, or to the management of the Federal Property Management Agency, if the plot is the property of the region.

When applying, the applicant will need a general passport. A sample application can be obtained on site. There is no regulated form for the application, but it must contain information that allows the allotment to be accurately identified.

The statement states:

the applicant’s passport details and registration address;
category of permitted land use;
the area of the land;
the boundaries within which the allotment is located;
information about the presence/absence of encumbrances;
details of the document on the basis of which the citizen uses the land;
information about existing construction projects.

The application and the copies of documents attached to it are considered by the authorized body within 30 to 60 days, after which a decision is made to transfer the garden plot into the ownership of the citizen or to refuse to provide the plot.

The permit document is issued in the form of a resolution signed by the head of the municipality. After which, an agreement is concluded between the government authority and the citizen on the transfer of the garden plot to private ownership. State registration is carried out on the basis of this agreement.

Registration in Rosreestr

You can submit documents for state registration through the MFC or at the Rosreestr branch. You can also send documents electronically on the State Services portal.

Registration actions are subject to a state fee of 350 rubles. To register, an application is sent to Rosreestr, to which are attached:

applicant's passport;
administration resolution;
cadastral passport and boundary plan;
certificate of absence of debts on membership dues to SNT;
receipt of payment of duty.

If the registration of rights to the allotment is not carried out by the landowner himself, but by his legal representative, then an additional power of attorney for the representation of interests, certified by a notary, is attached.

After 10 days, the citizen receives an extract from the Unified State Register of Real Estate, which records the ownership rights to the plot.

Who is eligible for amnesty?

There are several categories of citizens of the country for whom a simplified procedure for registering country property has been created. The process is available if:

The land was given out for running one’s own household, and the objects located on the site have the same characteristics as residential ones.
The plot was allocated for individual housing construction.
Residential buildings were built on lands that were allocated for summer cottage construction.

According to the logic of the dacha amnesty process, residential buildings include all categories of buildings that comply with the norms of the Town Planning Code. The main thing is that they do not require additional commissioning. Such objects include outbuildings and garage buildings - it is quite simple to apply for a dacha amnesty at the MFC for them. Another important condition is that you cannot conduct business in them.

Normative base

The legal norms by which government agencies operate are contained in different laws. The main ones are codes:

Civil;
Land;
Housing;
Urban planning.

Who can use the simplified method?

The procedure with reduced requirements applies to owners of buildings erected before 2001. In addition, the purpose of allocating the plot is important. This should be:

maintaining personal subsidiary farming;
gardening;
gardening;
construction of an individual residential building.

The intended purpose of the site is indicated in the title document.

A special procedure applies to plots and buildings erected for business activities. It differs significantly from what is described below.

Difference in documents

A simplified procedure for registering ownership is the main task of the current law. The main difference lies in the simplicity and smaller volume of required documents. Thus, registration of a house under the dacha amnesty, provided that the plot of land is in a dacha partnership, requires the provision of only a few papers:

cadastral passport - for a residential building;
a document confirming a citizen’s ownership of land.

If the amnesty period comes to an end, then an additional construction permit will be required, and it is very difficult to obtain. It is important to understand that the absence of this document will not only not allow you to register ownership of a residential property, but will also not allow you to obtain technical specifications for further connection of various communications.

The documentation package must be submitted to the multifunctional center located on the same administrative territory as the summer cottage. In addition to the completed declaration form, you must submit:

passport of the person submitting the declaration;
technical plan for the specified plot of land;
BTI passport issued for a building (country house or residential building).

It may be that there is no BTI passport or it was lost during use. In such situations, you need to contact a certified land surveyor, who must prepare a cadastral plan. It is better to check whether he has a certificate in the appropriate section of the Rosreestr portal - this will avoid risks. It is important to note that specialist services are quite expensive.

Having accepted the documents, the MFC representative will send them to Rosreestr. There, the land plot will initially be registered, and then the house and other objects built on the plot will be registered in the name of the applicant.

It happens that the desire to save money forces citizens to refuse to obtain permits for the construction of a country house. There is some logic in this decision: the procedure for obtaining permission is so long that during this time you can build a house. And the official registration is quite expensive. How, in this case, can one avoid a legal demand for demolition? You need to go to court.

Before this, you should obtain a conclusion from the SES on the facility’s compliance with sanitary standards and safety requirements. This document must be attached to the statement of claim. Courts consider such claims quite often. The process is associated with strong opposition from local authorities, so it would be better to hire an experienced lawyer. Usually, the courts approve citizens' claims: having received a positive decision, you can apply for a dacha amnesty at the MFC according to the procedure described above.

Regardless of the chosen option for registering dacha buildings, the list of documents is consistently the same:

land plan from the cadastral organization;
documented paper confirming the ownership of the site;
declarations for each immovable property;
fee payment receipt;
Russian Federation passport.

What documents are needed?

The process of registering ownership of a garden plot must begin with the preparation of a set of documents. It includes:

A document of title providing the opportunity to use the site.
Land plan.
Certificate from the Unified State Register of Encumbrances regarding the presence of encumbrances.
Declaration for buildings.
Statement.

The following may serve as a title document:

agreement on the right of perpetual use;
lease agreement signed with the district administration;
a document indicating the rights of the heir;
paper confirming the presence of a share allocated by the horticultural society. Be sure to indicate its size.

The owner applying for registration of rights must have one of the above-mentioned title documents as grounds.

If the document is lost, it must be restored by contacting Rosreestr or the administration with an identity card and documents indicating ownership of the land.

A plan diagram is necessary to establish the boundaries of the site relative to its neighbors. The document is prepared by the gardener himself on an A4 sheet. It must be certified by the chairman of the company.

A plan is required for drawing up a cadastral passport by an SRO engineer. An act is formed as a diagram and descriptive part of the site. It is important for setting boundaries. Today the plan can be issued by Rosreestr . Until 2008, the issuance was carried out by the Cadastral Chamber.

Reference! If there is no passport, a certificate is issued indicating the absence of a number, registration and past use of the site.

The applicant must personally apply for a passport. Initially, he will have to obtain the consent of the neighbors, but if they avoid meetings, but do not express a strong protest, a land survey should be carried out and a notification about sending notices to neighbors should be attached to it.

An extract from the Unified State Register is needed to be presented to the administration in order to avoid the imposition of encumbrances as a seizure or encroachment by third parties claiming rights to it.

After paying the state fee and contacting Rosreestr or the MFC, the applicant will receive the document within a shortened period. The entire package of documents for submission to the administration should be supported by your own application.

It should have the following structure:

the header of the application indicates the name of the appeal authority and the full name of the authorized person;
the text should indicate the details of the document for the right of use, land address, cadastral number, category and type of permitted use;
You should also state your request for ownership of the plot for gardening.

Clarification of details

Not all citizens can count on a simplified scheme for registering dacha ownership. When is a dacha amnesty acceptable:

the land plot was allocated for personal farming, and the buildings on it fell under the residential category;
meant the construction of a residential building;
when buildings were erected for permanent residence on country plots.

Assigning cadastral status to a dacha property involves filling out a declaration, which must contain certain information:

location of the immovable property;
building address;
detailed description and type (residential building, house, utility structure);
number of floors;
material used for construction;
availability of connected utilities.

Deadlines

The procedure requires payment of a state fee. The necessary details are provided by the MFC specialist. Payment, as a rule, can be made directly to the MFC. The fee is 350 rubles, and is calculated based on the number of objects on the site (this amount must be paid for each).

As for the deadlines for registering a dacha amnesty at the MFC, they are not limited. They depend on the quality of the provided package of documents and information about the applicant. Typically, registration takes from 10 days to a month.

As a standard, after submitting an application, the citizen is issued the requested document of ownership of the dacha within 30 days. According to the simplified system, waiting times are significantly reduced:

10 days – with simultaneous registration of primary registration and registration of property rights;
week – when only the registration of property rights takes place;
5 days – when amending the cadastral plan.

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.