Documents for registering ownership of a land plot in 2021

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.

Registration of an abandoned site

You can often find abandoned plots in gardening communities. If the user of such a plot of land has not been issued any certificate confirming his right to this land, the legislation provides for the option of assigning the abandoned plot to the new owner.

The chairman of the gardening partnership holds a meeting at which SNT members vote to seize abandoned land from the current owner and assign the plot to another member of this partnership. The procedure for its registration is carried out in the manner prescribed by law.

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:

1. The plot is part of a dacha cooperative or other citizens' association;
2. The land was allocated to the dacha cooperative before the Land Code of the Russian Federation came into force in 2001;
3. The cooperative decided to redistribute plots between participants;
4. The site was not limited in circulation or withdrawn from it, and was not reserved for state, municipal or military needs.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:

1. Free privatization;
2. 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.

Cost of registration of cottages and dachas

It is difficult to give an exact figure for the cost of property rights registration services. After all, the price depends on many factors and stages, among which only the state duty has a fixed price. Payment for various related legally important actions will form the final cost.

Factors influencing the price may be:

• Category of land plot;
• Ordering technical and cadastral passports for a house from the BTI (if they are not available);
• The presence or absence of title documents for land ownership.

Privatization of a country house/garden house will be the cheapest. In this case, there is no need to obtain a construction permit, technical passport and cadastral plan of the building from the BTI, and the state duty will cost less.

If the cottage is built on private housing construction land and it is planned to be used for permanent residence, you will have to proceed according to the following scheme:

The cost of registering real estate as a property also depends on the region, since its formation is influenced not only by federal legislation, but also by local legislation. If the house needs to be registered urgently, this will also affect the price (increasingly).

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:

1. Layout of the site next to neighboring ones;
2. 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.

Why do you need to design a summer cottage?

Amendments made to Russian legislation confront owners of suburban land plots and residential buildings on their territory with the need to register them. Without properly registered ownership of a dacha plot, it will not be possible to perform the following actions with them:

• sell or rent;
• draw up deeds of gift and will;
• present as collateral to obtain a loan;
• draw up an insurance contract;
• connect the necessary communications.

In order to avoid these situations, controversial issues with neighbors regarding the boundaries of the plot, as well as recognition of the dacha plot as illegal with its subsequent rejection in favor of the state, registration of the dacha house and land plot is necessary.

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:

1. 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.
2. An act granting land for lifelong inheritable possession or permanent perpetual use. The document is issued by the local government authority.
3. 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.
4. 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.

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.

What to do if there are no documents or they are lost?

If any of the required documents are missing, you will need to obtain them yourself. To do this, you can make requests to the local administration and BTI. They also issue cadastral and technical passports.

To complete all the documents, you may need to visit a specialist to take measurements and describe the technical characteristics of the building. And perhaps the architectural design according to which the permitted construction was carried out will be sufficient.

If the plot has not previously been registered with Rosreestr, then it will be registered in parallel with the house. This means that you will need to submit a corresponding application for the land.

Additional certificates may be requested when the registrar has doubts about the legal purity of the property being registered.

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 country house in SNT under the “dacha amnesty” in the Moscow region

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The effect of the “dacha amnesty”

Source: Photobank of the Moscow region, Anastasia Mushenok

The “dacha amnesty” applies to buildings erected on the plots of gardening non-profit partnerships (SNT) without permits. Until March 2021, the land owner has the right to register the building with the cadastral register and register ownership of it.

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Types of land

House layout

Source: Ministry of Property Relations of the Moscow Region

Not all types of permitted land use are eligible for the “dacha amnesty”. Owners of garden plots can register buildings using a simplified procedure.

You can find out the type of permitted use from the land title documents. In this case, the wordings “garden plot of land”, “for gardening”, “for gardening”, “dacha plot of land”, “for dacha farming”, “for dacha construction” are considered equivalent. Such lands are intended for recreation of citizens and cultivation of crops for their own needs.

The amnesty does not apply to lands with a permitted use of “gardening”. In such areas, only agricultural production of perennial crops is provided.

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What objects can be registered

Construction of sidewalks

Source: Ministry of Transport and Road Infrastructure of the Moscow Region

According to a simplified procedure, until March 1, 2021, you can register either already constructed structures or those whose construction began before August 4, 2021 without permits. In SNT, a garden house, an individual residential building, outbuildings or a garage are allowed.

At the same time, the height of a residential building cannot be higher than 20 meters and it should not have more than three floors. Living rooms must be separated from household premises, and they must maintain a temperature of +18 degrees all year round. In buildings registered under the “dacha amnesty”, division of apartments is unacceptable.

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Simplified registration procedure

Source: RIAMO, Alexander Manzyuk

Registration of a house according to a simplified procedure takes place on the basis of a declaration, a technical plan of the property, and a title document for the site.

The land owner fills out the declaration on the property independently. You can use project documentation, if available. The declaration form is available on the Rosreestr website.

A technical plan is needed to enter the building into the cadastre and register it. To obtain a technical plan, you need to contact a cadastral engineer. He goes to the site, makes measurements and geodetic calculations.

If the land plot has already been registered, you will need title documents for it: donation or sale agreements, certificate of inheritance, acts of an authority, court decision.

The assembled package is submitted to the MFC or directly to Rosreestr. If the house meets the requirements, after inspection the owner will receive an electronic extract from the Unified State Real Estate Register (USRN), confirming cadastral registration.

After March 1, 2021, registration of houses and buildings on all types of land will require the submission of notifications of the beginning and completion of construction.

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Why register buildings?

A new cultural center will be built in the Bogorodsky urban district

Source: Ministry of Construction Complex of the Moscow Region

Property registered in the prescribed manner is under state protection. In addition, if the owner of the plot wants to sell or inherit the dacha, he will be able to carry out the transaction without restrictions.

Gas and water cannot be supplied to a “non-existent” house. This is necessary to recognize a garden house as residential - it must have stationary heating, lighting, water supply, and sewerage systems. If the house belongs to the housing stock, then you can register in it.

An unregistered property may be considered an unauthorized structure and the structure may have to be demolished.

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Property tax

Russian banknotes

Source: Main Directorate of the State Housing Inspectorate of the Moscow Region

Owners of residential buildings are entitled to a tax deduction of 50 square meters. If the area of ​​the house and outbuildings is less than 50 square meters, the tax is not charged. If the area is larger, the meters that remain after deducting the preferential 50 meters are taxed. The rate will be 0.1% of the cadastral value for SNT.

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Where to contact

The second MOBTI consultation center was opened in Krasnogosk

Source: , press service of the Krasnogorsk city district administration

You can learn more about the effect of the “dacha amnesty” at the consultation centers of the regional BTI or MFC.

Hotline telephone number of the Moscow Regional BTI +7 (498) 568-88-88.

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