How to register a country house in SNT under the “dacha amnesty” in the Moscow region
On the eve of the summer house season, the question of decorating a summer house arises. Until March 1, 2021, a simplified procedure for registering such buildings – the “dacha amnesty” – is taking place in the region. Different conditions are offered for different categories of land. What structures can be registered in SNT, read the material of the mosreg.ru portal.
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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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Latest news: innovations
The latest news on the dacha amnesty is as follows:
- it has been extended until 2022 in the part that concerns the legalization of buildings and houses;
- the law passed the required number of readings and came into force on August 2, 2019.
Not every building on a plot of land can be registered as a property in a simplified manner. The legislative norms apply only to the following immovable objects:
- plots of land, the purpose of which is suitable for growing garden and vegetable crops, for individual housing construction or for running a personal household;
- buildings on these sites are intended for permanent or seasonal housing, as well as for household needs.
To participate in the program, one of the following conditions must be met:
- the land was provided for use before the entry into force of the current Land Code, that is, until October 30, 2001;
- there are relevant documents confirming the right of use.
Important! After the program ends, it will be much more difficult to register property rights to buildings and land. You will need to obtain permission to put it into operation, and this is quite difficult.
What is the price
Although the privatization of the site itself is free of charge, the registration process costs a certain amount. In different regions of the Russian Federation, services vary greatly; approximate prices for registering land ownership are published in the table.
Average prices for paperwork for privatization of a plot of land under a private house:
For free
Free privatization does not mean that the applicant will not have to spend a penny at all.
Some documents and certificates have a cost, for example, to measure a site, the relevant services will charge from five thousand rubles . But a citizen will not pay at all for the fact that his several hundred square meters are registered as private property.
After March 1, 2021, Articles 28 and 56 of the Land Code, regulating the main provisions and relating to the price of registration of ownership of plots, lost force.
This is interesting: Is a privatization agreement necessary when selling an apartment?
Now the program is carried out completely free of charge, but the privatization of a land plot can be carried out once, just like obtaining ownership of a residential premises.
Under an apartment building
The main issues regarding the privatization of land under an apartment building are regulated by Law No. 189-FZ.
It stipulates that in cases where the site on which the building is located has not been formed, the owners of residential premises can hold a general meeting where they can decide to submit an application to the municipality for its formation. Subsequently, ownership of the land is transferred without complications.
Owners will need to take several steps:
- obtain a technical passport for the territory of the facility from the BTI;
- carry out demarcation;
- register the land plot under the house in Rosreestr.
This is interesting: Archival certificate of those registered at the time of privatization
Law of the Russian Federation - current version
At the end of 2021, Federal Law No. 404-FZ , according to which the simplified procedure for registering rights to real estate was extended for 5 years. This regulatory act amended a number of laws, for example, Federal Law No. 218, which regulates the state registration of real estate, and Federal Law No. 340, which prescribes amendments to the Urban Planning Code of Russia.
Years of dacha amnesty
The program was first introduced on September 1, 2006 on the basis of Federal Law No. 93 of June 30, 2006. Then it was extended several times. This year they decided to carry out an extension again; the dacha amnesty will be extended until March 1, 2026.
Outbuildings, bathhouses, garages, sheds can be registered at any time, the program for them is valid indefinitely.
Questions and answers
Often, when starting the process of registering land, citizens are faced with a number of unclear and incomprehensible questions, for example, whether it is possible to obtain a plot if the house was built illegally. Some of them are especially often heard at receptions with lawyers.
How long does it take
The timing of registration is purely individual, it all depends on whether all the documents are collected and whether there are any “pitfalls”, for example:
- if all the papers are available, then the application is considered for about two months and then a month is spent on registering the agreement;
- in the absence of a cadastral passport, the period will increase by one month (this is how long the process of producing the document takes);
- if the land is not registered with the cadastral service, then the preparation and execution of papers can last from a year to a year and a half .
How to privatize a plot in SNT? Find out here.
Until what year has housing privatization been extended? Read on.
No land documents
If you cannot find a land allotment act in the BTI archives, then free privatization is impossible for you, only buyout is possible.
When they can refuse
By law, a municipality can refuse privatization only in cases where:
- the site is either withdrawn from circulation or reserved for municipal needs;
- the plot is located on the shore of a reservoir in a water protection zone;
- the land is classified as public space.
The refusal must be issued in writing.
You should be aware that a motivation for refusal is required, corresponding only to the provisions of federal legislation.
The use of local regulations as a reason for refusal is unacceptable.
Where to begin
To begin the privatization process, you must contact the municipality with an application for the transfer of ownership of a land plot under household ownership and attach a site plan.
The local government body will make a decision within two weeks whether to conclude an agreement on the transfer of land or refuse. If the answer is negative, the municipality may offer to buy the plot.
If the land under the building does not have a cadastral number, then before writing the application it is necessary to apply for the inclusion of the plot in the real estate cadastre.
