Privatization of a private house and land plot underneath it: procedure and rules of procedure

A residential building is a common type of real estate. If such an object belongs to a citizen, then he himself decides how to dispose of his property.

The situation is completely different with real estate that belongs to the state (municipality). For such cases, the optimal option would be to privatize a house and a plot of land. It is better to understand in advance how this process proceeds and what features it has.

What is home privatization?

In a broad sense, privatization is the legal process of transferring state property into private property . The objects of privatization can be residential and non-residential properties, land, factories and enterprises. In another way, this process is also called denationalization.

At the legislative level, the procedure for the transfer of state property into private hands is prescribed in the Law “On the Privatization of State and Municipal Property” dated December 21, 2001 N 178-FZ.

Everything related to the privatization of the housing stock is regulated by the Law of the Russian Federation dated July 4, 1991 N 1541-1 (as amended on December 20, 2017) “On the privatization of the housing stock in the Russian Federation.”

Reference. It was in the early 90s that the excitement with the privatization of housing began, after the state gave the go-ahead for this procedure to be carried out free of charge.

And from 2021 it has become unlimited, which means that you don’t have to rush into privatizing housing, but prepare well, collect all the documents and only then submit an application.

Why is it needed?

Privatization is needed so that a person can have his own property and invest personal funds in its improvement.

This is more correct and more profitable than using public housing under a rental agreement and constantly paying rent.

Advantages and disadvantages

After the privatization of the house and land is completed, its owner receives a number of benefits. The main ones are the following:

the ability to dispose of your property as you wish, without approval from government agencies;
when selling, increase the market value of the house;
combine or divide plots at your discretion;
build additional facilities on your site (if the site belongs to the state, then only one building, besides a house, can be erected on it);
in case of seizure of a plot for state needs, the owner receives compensation.

The disadvantage of privatization for a citizen is that the property of individuals in the Russian Federation is subject to taxes (Article 401 of the Tax Code of the Russian Federation) and from the moment the housing is transferred into private hands, the owner will be required to pay real estate tax, and in addition, carry out major repairs and routine maintenance of the property .

Conditions

every citizen can use the right to privatize a house and the land plot underneath it free of charge . To do this, the following conditions must be met:

A citizen of the Russian Federation and members of his family have not previously participated in denationalization (this right is given once).

Children after reaching 18 years of age have the right to re-participate in the privatization of their own housing (one-time).

The applicant for privatization must not have any other housing in the property.
The privatization of a residential building must be agreed upon by everyone who is registered in it. If a person refuses to participate, they retain the right of indefinite residence.
The land area under the house should not be located in an environmental protection zone or be withdrawn from circulation.

To carry out the transfer of ownership, it will be necessary to officially determine the status of a residential building (full-fledged housing or a summer cottage, which is not a residential property).

We recommend: Purpose of an urban planning plan for a land plot. Features of obtaining GPZU

For information: Procedure for registering ownership of a private house

Price issue

There are two ways to carry out privatization

entrust all stages to a specialist lawyer or intermediary organization,
do everything yourself.

Now about how much privatization costs under the first and second options. The first will allow you to carry out all operations on collecting and processing documents much faster - in one month. However, you will have to shell out an amount within 30,000 rubles. Legal assistance services are most often resorted to by those who urgently need the privatization of private property. For example, for the purpose of sale or execution of a gift agreement.

The second one will cost less. To minimize spending money, you will have to go through all the steps yourself. A package of documents will need to be collected for all family members - residents of a private house, since all of them will participate in privatization.

Important! It is necessary to privatize a house in order to provide comfortable conditions for yourself and your family, well-being, and gain confidence in the future.

When they can refuse

A citizen of the Russian Federation may be refused privatization of housing for the following reasons:

if he lives in the house illegally;
the house has a debt on utility bills;
illegal redevelopment has been carried out in the house;
housing has a special social status (dormitory, office housing, etc.);
the building is in disrepair;
the land plot under the house is located in a nature protection zone or has been withdrawn from circulation.

In any case, the refusal must be official and have a specific justification.

State duty

Despite the fact that the privatization procedure remains free until 2021, it is mandatory to pay the state fee. The cost depends on the region of residence and averages 200-350 rubles.

To summarize, it can be noted that the privatization procedure is a simple procedure. The main thing is to pay attention to what documents you have on hand and, based on this, collect additional ones.

It is important to remember that the simplified form of privatization on a free basis is valid only until March 1, 2021. At the end of the period, it will be possible to re-register the garden house as personal property only with a full purchase of it, taking into account the market price. Now you know whether the house needs to be privatized if the land is privatized.

How to privatize a residential building and land

At his own request, a citizen can privatize a residential building and the land under it, or he can denationalize only the house. Depending on the ownership of the object, regarding privatization you need to contact:

to the land use department when the house is municipal property;
to the territorial branch of the Federal Property Management Agency when the object belongs to the state.

Procedure and step-by-step instructions

The procedure for privatizing a residential building and an apartment has certain differences. The algorithm of actions when registering ownership of a house is as follows:

Prepare and collect the necessary documents (see list below).
Order a technical passport of the house and a cadastral passport of the plot.
Submit an application for privatization of the house and land to the relevant government agency.
Wait for the decision to be issued.
Register with the Cadastral Chamber.

Before starting the privatization process, it is recommended to seek advice from a lawyer who will give recommendations on what documents will be needed and how to prepare them faster.

Procedure

The procedure for privatizing a house and land consists of the following steps in more detail:

It is necessary to find out exactly who is the owner of the house and land. If the territory turns out to be ownerless, it will need to be re-registered.
To obtain cadastral documents, you need to contact the nearest BTI department. Accredited specialists will take the necessary measurements, accurately determine the area to be privatized and make the necessary calculations.
Next, you should prepare all the necessary information:
that he does not own any other home;
an extract from the personal account to establish the absence of debt;
an extract from the house register to find out the exact number of persons registered in the house.
After reviewing all the documents, the authorized state body, if the decision is positive, issues a resolution on the transfer of property (in 2 copies).
Having received the resolution, the citizen is obliged to register the property in any branch of Rosreestr. To do this, you need to hand over all the documents to the registrar, in return he will issue a receipt confirming their receipt, and you can pick them up later, along with the completed registration certificate.

Documentation

In order to carry out the denationalization of objects in 2019, the following package of documents will have to be prepared:

a copy of the applicant's passport;
a document confirming the right to the benefit (if necessary);
a certificate made according to form No. 3, confirming non-participation in denationalization earlier;
registration certificate of the house;
a copy of the social tenancy agreement;
consent of all persons registered in the house, documented in writing;
extract from the house register;
copy of personal account;
statement;
receipt of payment of state duty.

Typically, the privatization of a house and a plot of land is carried out simultaneously. The following documents must be prepared for the land:

cadastral passport;
lease agreement or warrant;
a detailed act on the boundaries of the territory.

All documents for the house and land can be submitted in one package, and in the application you can indicate the objects of interest for denationalization.

We recommend: Standards for the provision of land plots. How can I get land for free from the state?

Statement

When contacting the relevant government agency, the applicant fills out an application of a certain form for privatization in 2 copies. In the application he must indicate the following information:

name of the government agency;
Full name, passport details and telephone number of the applicant;
information about privatized objects;
grounds for transfer of ownership;
listing of all buildings (including non-residential) on the site;
dimensions of the plot;
house inventory number;
date and signature of the applicant.

It is very important that the information in the application matches the information in the documents . You must fill it out carefully, otherwise you may receive a refusal.

Reference. You can familiarize yourself in detail with the standard application form on the official website of the State Services or at the MFC.

We recommend: Types of land use

Where should I start?

You need to start by collecting the necessary papers. To do this you will need:

A valid Russian passport of the owner of the dacha.
If a proxy (representative) acts instead of the owner of the dacha, an appropriate power of attorney and a passport of the proxy are required.
Declaration for the property in the form established by the Ministry of Economic Development No. 447 (this document is filled out by the applicant and submitted to the authorized body in two copies). The declaration must reflect:
check or receipt of paid state duty;
information about the owner of the object;
year of construction of the facility;
address of the house location;
permission from the land committee;
cadastral number;
documents confirming the grounds for using the garden plot;
information about the materials from which the object is constructed;
number of floors;
view of the erected building.
A completed and signed application.

Nuances of privatization

Basically, the process of denationalization of objects is quite simple, but, as in any business, there are some subtleties that are best known in advance.

Privatization of share

According to the law, it is impossible to privatize only a share of an apartment or house if it is part of an entire property. The transfer of ownership is carried out only for the entire house in favor of one person or group of persons, between whom the housing is distributed in shares.

But if, according to BTI documents, part of the house is an independent object, then partial privatization is possible.

How to privatize a house without land

The process of denationalization of a house without a land plot has the same sequence as the privatization of an apartment in the city. It is simpler because it does not require paperwork for the land.

If you privatize a residential building without a plot, you will not be able to fully dispose of it, namely, it cannot be sold/donated/exchanged.

Features of privatization of a house with land

A plot of land, like a house, is a full-fledged object of denationalization. It has its own status, area, cost. Registration of documents for land will require additional costs and time, but this will make it possible to obtain ownership rights without any restrictions.

If the land under the house has a special status, or is owned by another individual (legal) person, then privatization will be denied , since it is not state property.

Who has this right?

Even if you decide to privatize, then understand that not everyone will be able to get a house or other residential building in a rural area or village, because there is a certain circle of people who are allowed to do this. This category of citizens includes those persons who are registered in a village house in the village and have been living there for a certain amount of time. Even those who serve in the army or are treated in a hospital have their rights to a share of the house. Some of them are reserved after writing a certain application.

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

It's fast and free!

Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

+7 Moscow,

Moscow region

+7 Saint Petersburg,

Leningrad region

+7 Regions
(free call for all regions of Russia)
Minors often become participants in privatization automatically, but paperwork on their behalf falls on their parents or guardianship council. But this only applies to those who have not yet turned 14 years old.

There is also an option in which privatization can be carried out by your representative or a certain company that becomes your intermediary. But you must understand that such services will cost a considerable amount, although the privatization of your residential village house will happen much faster than usual. It is best if you take care of this issue yourself. It may take a long time and you will have to go through a difficult path, but you will be one hundred percent confident in the result.

Timing and cost of privatization

The transfer of ownership itself is free of charge. But the final cost of privatizing a residential building and land plot depends on many factors and will be different in each specific case. The main expense items are as follows:

The state fee for obtaining title documents is the same throughout the country and in 2021 is 2,000 rubles ;
preparation of documents at the BTI is the main expense item; the cost of preparing a registration certificate for a house and a cadastral passport for land is established by local authorities;
notary services that may be needed, for example, when registering a refusal to participate in privatization of someone registered in the house (from 1000 rubles and above, depending on the specific office).

The timing of privatization differs in each individual situation, but approximately they will be as follows:

Registration of technical and cadastral passports at the BTI approximately takes 2 months ;
the application for privatization is considered within 2 weeks ;
a certificate of registration in Rosreestr must be issued no later than 10 days after the application.

If the registration certificate for the house and the cadastral document for the plot are already available, then the process of denationalization of the objects will take about 1 month.

We recommend reading: Procedure for eviction from residential premises

What is the price?

At the moment, all citizens should know how much it costs to privatize a house. It is carried out free of charge until 03/01/2017 .

However, the procedure cannot be called completely free - the future owner pays a state fee , the amount of which for 2021 is 1,000 rubles for individuals, and documentation ( from 5,000 to 15,000 rubles ).

If you are completely busy and have no free time at all, you will also have to pay for the services of a lawyer or real estate agent in order to save yourself from unnecessary hassle and running around.

It is unknown what the cost of the procedure will be after date X. So far, the highest authorities do not have a clearly formulated understanding of what paid privatization will be , which, according to current legislation, is a priori free of charge.

According to popular forecasts, paid privatization of a house: the cost of the procedure will not be less than 5,000 rubles , or you will even have to buy the housing from the state for the amount calculated by the BTI.

Free registration of property will soon end and the decision whether to privatize a private house is up to you.

Useful videos

Watch a video about how to practically privatize a land plot, collecting land management documentation, source: INGER-GRAD Continuing - how to register a cadastral number and obtain land ownership, source: INGER-GRAD

Information on the terms of free privatization of land, as well as the nuances of registering property rights, a video from the channel “ Country Real Estate ” The opportunity to become a full-fledged owner of your home and land is the main advantage that privatization gives a person. While this procedure is free, it is definitely worth using it, especially since the benefits in this case are obvious.

Legal assistance

The main difficulty in privatizing a municipal house is the impressive package of documentation. If, in addition to everything else, you want to privatize a land plot, you will have to order additional cadastral documents. Contacting the BTI, passport office or housing department is additional red tape. It is not a fact that you will be given certificates at the right time. Usually citizens face serious problems, which aggravate the process of home privatization.

It is more profitable to carry out registration after consultation with professionals.
A free consultation with a lawyer will help you create a competent algorithm of actions to understand whether you have the right to privatization? Lawyers will advise how to quickly collect certificates and what to include in the application for the administration. If a conflict arises due to the disagreement of the residents of the house, a lawyer will tell you how best to resolve it. Having received advice, you will stock up on legal knowledge that will be useful in the future. Leave written questions or call - lawyers will help with the privatization of your house and land. Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
Call the hotline:
St. Petersburg and region

- FREE for a lawyer!

By submitting data you agree to the Consent to PD Processing, PD Processing Policy and User Agreement.

Anonymously

Information about you will not be disclosed

Fast

Fill out the form and a lawyer will contact you within 5 minutes

Tell your friends

Rate ( 2 ratings, average: 5.00 out of 5)

Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

Author's rating

Articles written

610

Why is the process being performed?

Privatization of a country house on privatized land in a gardening or other partnership is considered a simple process. Most often it is performed to achieve the following goals:

transfer of property as a gift or by inheritance;
sale of a summer house with a plot;
legal registration of your own right to this object;
use of the erected structure as a place for registration of citizens;
joining various cooperatives.

By providing the possibility of applying the dacha amnesty, the privatization of a dacha house on privatized land is a truly quick and simple operation.