Everyone in life will have to deal with real estate issues. The desire to buy a summer house or maintain your own garden is quite common. In this case, we will consider the issue related to dacha cooperatives. How to re-register a summer cottage? Is it important to use the services of a lawyer? What documents are needed to re-register a summer cottage? Where should I contact? How much does it cost to redecorate your dacha? These and other questions will be discussed in detail in this article.
Grounds for re-registration of land to another person
To convert a land plot into ownership, it is necessary to have not only title documents, but also certifying ownership. It is also necessary to draw up a civil agreement on the conclusion of a transaction between the parties.
The legislator defines such transactions as:
- gratuitous transfer of land (donation);
- paid transfer of land (purchase and sale).
After the type of transaction has been determined, it is necessary to draw up a civil agreement that specifies the conditions for the transfer of the land plot.
It is necessary to complete the procedure for transferring a plot in accordance with the requirements of Federal Law No. 122-FZ of July 27, 1997. To do this, you need to contact a modern multifunctional center, provide all the required documents, and after the expiration of the established period, receive a document registering the plot of land in the name of the new owner.
How to transfer land to another owner
Transfer of a land plot into ownership of another person (individual or legal) is possible only if the transferring party has already registered ownership rights. In all other situations, re-registration of a plot on which buildings are already located occurs upon acquisition of the right to this property.
Regardless of the closeness of relationship between the persons transferring property rights, in such cases the legislator does not allow direct re-registration. Property rights to property can only be transferred by drawing up an appropriate legal agreement.
Documents for re-registration
In order to re-register a land plot, it is necessary to provide the necessary package of documents to the registration organization, namely:
- identification card of both parties to the contract (passport);
- if the interests of one of the parties are represented by an attorney, then a notarized power of attorney is required;
- three copies of the agreement on concluding a property transaction;
- registration certificate of ownership;
- confirmation of land ownership;
- cadastral passport of the plot involved in the transaction;
- a receipt indicating that the state duty has been paid.
For this type of property transactions, the state duty is set at 2,000 rubles. The deadline established by the legislator for making changes to the real estate register and issuing documents is 21 days (excluding weekends and holidays).
After this time, the new owner is issued:
- transaction agreement certified by the relevant authority;
- certificate of registration of ownership;
- cadastral passport.
How to register a plot of land as a property?
How to register land ownership without documents, read here.
How to register ownership of a land plot under a will, read the link:
Consequences of not re-registering a land plot
A common and common practice is when citizens do not deal with property issues in a timely manner. Then re-registration of the land plot may be impossible.
The allotment can:
- not to participate in property transactions;
- will not be the subject of collateral value;
- will not be able to be included in wills;
- will not be inherited.
If there are no capital developments on the territory of the land plot, the local administration has every right to take the land plot and put it up for auction and obtain ownership rights to it.
If there is a building on the territory of the plot, then the municipality can legally cut off that part of the land where this building is not located, since it is the legal actual and legal owner of the land plot. The only exception is land, which is in inheritable possession for life. This type allows the transfer of land by inheritance and secures dominance by the new owner.
Re-registration of land upon sale
In order to re-register a plot of land to a new owner using a sales contract, several mandatory conditions must be taken into account:
- the land plot that is the subject of the agreement must have a cadastral number;
- When selling, the person alienating the property is obliged to notify the buyer whether there are any encumbrances placed on the land (subject of litigation, loan collateral, etc.).
In order to protect both the buyer and the seller as much as possible, the property agreement is signed directly in Rosreestr. Thus, the relevant employee representing the interests of the state, before accepting the agreement for registration, must verify the identities of the representatives of each of the parties to the transaction. This is necessary primarily in order to prevent fraudulent activities.
To register ownership rights, it is necessary, in addition to the property agreement itself, in three copies (a copy of each party and a copy to Rosreestr), to provide the following documents:
- passport of the representative of each party;
- a document giving the right of ownership to the seller (donation agreement, privatization agreement, registration certificate);
- cadastral passport of the transaction object;
- notarized power of attorney, if a representative is involved in the transaction;
- payment of state duty.
When the re-registration of ownership of a land plot occurs between individuals, the state duty is set at 2 thousand rubles. The legislator regulates the period for registration of title documents by a state body - 21 working days.
Then the originals of the documents submitted for registration are returned to the parties, and the new owner is given an extract from the unified state real estate register and a cadastral passport. Also, both the seller and the buyer are given certified copies of the property agreement, certified in the prescribed manner.
Re-registration procedure - where to apply and what to do
In order for the house and the area around it to acquire a new owner, it is necessary to find out where to go for re-registration and the procedure for the procedure itself.
Instructions:
- First, clarify the possible nuances of the procedure, how neighbors register their plots. Interview the owners of nearby plots; surely someone has had experience with the registration.
- Before re-registration it is necessary to carry out land surveying for the area. This is a geodetic procedure that helps a specialist determine the plot size and mark the boundaries. The results are then reflected on the document. The result is agreed upon with the neighbors, with whom the future owner has a common border.
- Get the original cadastral passport. There, in addition to the number assigned to the site, a detailed plan of the site is indicated, the boundaries are described (their coordinates, the distance of all buildings).
- Receive circulars for all buildings actually located on the site (house, barn, work premises, bathhouse). To do this, visit the BTI. The future owner leaves an application there, according to which experts will come out. They will measure and study the buildings, then enter the results into the technical and cadastral passports of all objects.
- Collect accumulated circulars. You may have to include a gardener's book there, although this is your private internal document. Often the registration procedure is a joint effort, when the new owner is helped by a partnership.
- Submit all received circulars to Rosreestr (at the same time, you must pay a fee and attach a receipt to the submitted papers).
If the materials are all prepared according to the standards and there are no problems, the verification and re-registration procedure will take only 10 days. Then the new owner is given a certificate confirming his rights with an extract from the registry. The certificate secures the rights to use the land.
Re-registration of a land plot upon donation
Often, when registering a land plot, the question may arise whether it is possible to avoid paying a tax in the amount of 13% of the cadastral value of the land. Yes, the legislator gives such an opportunity - to draw up a gift agreement. However, if the conditions for the transfer of ownership free of charge are violated, then very unpleasant incidents may subsequently occur, which may result in the cancellation of the contract in court or prosecution for non-payment of taxes.
Before making a final decision on the method of registering ownership, it is necessary to take into account the family ties between the parties to the transaction. If the land is received from a close relative, then donation will be the ideal way to register it.
To register a gift agreement with government agencies, the same package of documents is required as when registering a purchase and sale agreement. But unlike the purchase and sale agreement, various intangible conditions may be included in the deed of gift.
For example, the donor obliges the recipient to build a house on the plot within the next five years, or that the gift agreement will come into force only after the recipient enters into an official marriage, or the person taking away the land obliges its new owner to obtain a higher education. There may be several such conditions included in the contract, but each of them must be strictly non-material in nature.
Subtleties of re-registration
When planning to re-register land, it is worth checking:
- does the contract contain a detailed and accurate description of all buildings on the site;
- all buildings are considered an indivisible whole and, when re-registering the land, the new owner is obliged to secure them as future property;
- if the plot is going to be re-registered in the family, in the name of a spouse, you need advice from a lawyer, because the deal will be complicated by the provision of joint ownership (as you know, for spouses, everything acquired after marriage is automatically considered joint property);
- enlist the support of a specialist, because even the neighbors’ tips are not always relevant; as you know, laws and requirements change.
In addition to the plot, the new owner will also receive tax obligations. Every year a certain amount is deducted to the tax authorities.
Re-registration of a land plot to another person after death
The procedure for registering ownership of a plot after the death of the previous owner has several features. A plot of land, which is registered as a property in accordance with the provisions of the Law, after the death of the owner is inherited by his relatives. The order of priority for receiving an inheritance is regulated in the Civil Code of the Russian Federation.
If the relatives of the deceased cannot come to a common decision and several people claim the land, then an agreement can be concluded that allows:
- shared ownership;
- redemption by some heirs;
- redemption by the sole heir of all shares;
- refusal of some heirs to inherit.
If the agreement is not formalized, then all heirs own the land without allocating shares.
To establish the right to property, you must contact the MFC with all documents for the land and documents on entry into inheritance. A state fee of 2,000 rubles is also required.
How to re-register a plot of land to a relative
Naturally, every person who wants to give their land to someone close to them is afraid that during re-registration they will have to spend not only a lot of time, but also money. However, the legislator allows you to avoid paying taxes if a donation procedure is carried out.
When such an agreement is concluded, the plot of land is alienated into the possession of the new owner free of charge.
For such a procedure, it is necessary to provide the owner’s title documents (certificate of registration of rights, purchase and sale agreement, inheritance) to the appropriate authorities. You will also need to provide a cadastral passport of the site, technical documentation for all buildings located on the site.
After registering the donation agreement with a government agency, the new owner of the plot is issued a certificate of registration of ownership and he can dispose of the newly acquired plot at his own discretion.
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The procedure for re-registration: when is it better to make a will, and when is it better to make a deed of gift?
The second option on how to officially transfer a dacha to another person is to make a will.
It is necessary to compare all the pros and cons to make the right decision.
3 advantages of deed of gift:
- There will be no grounds for disputes between heirs regarding the division of property. The property is removed from the estate when a will is made.
- The country house will go to the person the owner chooses.
- The risk of challenge is minimized. If the owner understood the essence of his actions when signing the contract, then there will be no reason to challenge it.
But the gift transaction also has a drawback - it is the need to pay tax. You can try to circumvent the law by registering the property first in the name of a close relative, and then again in the name of the person to whom the property is ultimately transferred. But you will still have to bear the associated costs: you will need to pay for notarization of documents and registration of ownership rights in Rosreestr.
When you need to transfer real estate to someone other than a close relative or a stranger, it makes sense to draw up a will.
The fundamental difference between a will is that the property goes to the heir only after the death (death) of the testator. That is, drawing up an inheritance is a transfer of property not right now, but in the future.
The cost of drawing up a will is 1 thousand rubles. Plus, there will be expenses for further registration for the heirs (2 thousand rubles - duty to Rosreestr, payment of notary fees, depending on the degree of relationship).
Drawing up a gift agreement – 3.8 thousand rubles. plus 2 thousand rubles. – fee for registration of ownership rights. Besides this, you won't have to pay anything.
It is necessary to take into account the circumstances in advance in order to choose the right option.
