Free privatization of land under a private house and summer cottages: until what year has it been extended and to whom is it available?

Since the adoption of the Land Code, citizens have been prohibited from transferring land plots for unlimited use.

At the same time, the Land Code allowed citizens to register a plot of land once in their life.

Free privatization of land under a private house: until what year was the procedure extended and to whom is this form of registration of land ownership available? Let's figure it out.

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.

List of documents for privatization (based on the Order of the Ministry of Economic Development dated January 12, 2015)

The following documents are required to be brought to the district administration:

• sample application;
• documents on the provision of land;
• an extract from the Unified State Register of Real Estate with the mandatory determination of the status of the allotment;
• papers for a residential building;
• cadastral plan (to obtain it, land surveying is necessary);
• notarized consent to the transaction from the spouse;
• documentary evidence of full payment of all membership fees (required only in some cases, this certificate can be obtained from the chairman of the partnership);
• applicant's passport.

Previously, plots of land were issued for use on various grounds, but, as a rule, a person who decides to privatize a plot of land has the following documents on the provision of a plot of land (depending on the statute of limitations):

• resolution of the Council of Workers' Deputies on the provision of agricultural land;
• act of the Executive Committee on the allocation of land plots for individual housing construction in rural areas;
• decision of the Council of People's Deputies on the provision of an allotment on the right of lifelong use;
• certificate of the right of perpetual or lifelong inheritable ownership;
• extract from the household ledger;
• certificate of right to a share in the inheritance;
• the court's decision.

The application review period ranges from two weeks to a month. Based on the documents received, the municipality issues a resolution on the transfer of the plot. After the administration’s response, the stage of joint work on the agreement begins and its submission for registration at the MFC.

Privatization of land under a private house

Free privatization of land for a private house is possible only five years after the allocation of land for construction.

In such a situation, the use of the allotment for its intended purpose is confirmed:

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• documents for the building;
• act for putting the house into operation.

Under living space

In order to obtain a plot of land for construction, several conditions must be met:

• the applicant must not have any other land for construction;
• permanent registration in the given area is required for at least five years;
• the person claiming the land should not be the owner of the house in which he lives;
• be a young specialist who agrees to work in the countryside under an employment contract concluded with the administration.

But even if all the requirements are met, the land plot is not transferred into ownership immediately; first, a lease agreement is drawn up for a period of three years. And after three years, if the buildings planned for construction are put into operation, free transfer of ownership occurs.

There is another way to privatize land for individual construction, you will need:

• highlight the required area on the general cadastral plan;
• obtain a license to connect to electricity, water and gas supplies;
• obtain permission from the municipal architecture department for construction work;
• mark on the plan the presence of infrastructure facilities, or their absence;
• draw up an agreement with the municipality on the allocation of a site for construction;
• register the land plot with the cadastral register.

In a gardening partnership

Each member of the collective has the right to register their own plot of land if they have the right to use the land permanently.

To do this, you must first find out on what basis the person is using the land.

For example, if the plot was received for a summer cottage by his father or grandfather, then he will need to prove the right of inheritance.

How much does it cost to privatize a garage in 2021? Find out here.

The registration process is no different from receiving ownership of land located under a private house.

Rented

Land cannot be leased to individuals, therefore privatization of leased land plots by citizens is impossible.

But, there is a practice of issuing an allotment on grounds similar to rental legal relations, with the condition of mandatory regular payment.

After allocating such a plot to a private person, five years must pass, and only then can the citizen exercise the right to privatization.

Under the garage

First, you need to register ownership of the building itself, and then deal with the land underneath it.

• To privatize land under a detached garage, the procedure is simple; data on such a plot are initially indicated when registering it with Rosreestr.
• The situation is more complicated with real estate in a garage cooperative; here it is necessary to allocate an allotment from the joint ownership of all owners.

What happens after the end of the free privatization period?

The expiration of the deadline for free privatization means only one thing - those who are late will have to buy the land at its cadastral value . In other words, costs will increase significantly. The cost of the land will be set by the owner, i.e. municipality or individual departments. Calculations are made by surveyors and cadastral engineers.

What to expect in the foreseeable future? The extension of the “dacha amnesty” allows you to re-register dacha and garden properties using a simplified procedure. Those who wish to do this have 4 more years left - we remind you that the “amnesty” will end on March 1, 2021. True, there is a high probability that it will be extended or made indefinite.

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: Refusal of a share during the privatization of an apartment

Procedure for registration of garage boxes and land plots

Registration procedure

Only those plots that were issued before 2001 are subject to free transfer.

In addition to this condition, you need to make sure that the land was allocated to the citizen for:

• maintaining private household plots or summer cottages;
• gardening activities.

It is also necessary to know the basis on which the applicant is using the allotment at the time of filing the application; this may be the right:

• unlimited use;
• lifelong and inheritable ownership;
• Finally, it may be stated that it is not possible to determine the right of use.

What documents are needed

Currently, land surveying is not necessary, you cannot be refused if there is no information about your plot in the cadastral plan, but it is better to protect yourself and contact surveyors.

The following documents will be required:

• papers for buildings located on the site;
• technical certificates of all buildings;
• a certificate from the BTI indicating the cost of the residential building;
• photocopy of passport;
• a certificate indicating the cost of land according to standards;
• a document containing information about the area of ​​the plot and the amount of tax.

Where to go

The registration of ownership is handled by the local municipality; an application with all the necessary documents is submitted there.

But even before a citizen gets ready to go to the administration, he needs to visit:

• tax service (you can go to the official website);
• land committee;
• surveyors who will carry out land surveying;
• BTI;
• Rosreestr.

You don’t have to deal with these trips to the authorities yourself, but hire a law firm. To do this, a notarized power of attorney is drawn up for the right to represent your interests in all necessary authorities.

What is privatization and how does it differ from property rights?

In practice, quite often these two concepts are considered the same. This is a legal error and illiteracy.

Free or paid privatization is the procedure for transferring a selected plot of land from the ownership of the country to the ownership of citizens.

The procedure according to which the site will become the property of citizens can be implemented not only in the form of privatization, but also in the form of signing a certain civil agreement .

As a result, registration is a narrow term and is included in the procedure for registering ownership.

Possible schemes

In addition to the privatization of the plot itself, citizens can use other options for registering the right to a land plot.

But such methods in no way equate to the process of gratuitous transfer of ownership, since they do not fall under the basic principles and conditions of the program.

According to the dacha amnesty program

The so-called dacha amnesty was introduced by law dated June 30, 2006 No. 93-FZ.

It represents a simplified and facilitated procedure for the legalization of residential real estate that was once built without permission.

Can be carried out in relation to a country house built on a plot of land. By the way, such plots can be registered as property in parallel with the buildings.

Paid

If a citizen does not meet any of the requirements for free privatization of a plot, he can use an alternative option - purchasing the land through a public auction.

To whom is it available?

Citizens have the right to free registration:

• that they signed an agreement providing for the use of plots without a specific period (many received the plot as an inheritance);
• that they have territory under the house where they live;
• who became the owners of new plots that were allocated to them in return for those taken away for the benefit of the state or the public;
• who have a special social status.

Privatization is a series of legal actions that make it possible to transfer land that was previously owned by a country into the ownership of citizens of the same country.

According to the law describing the procedure for registering public property: “If a capital structure is built on privatized land (the legislator does not talk about illegal structures), then the owners of the site are obliged to buy it or register it in another way.”

This procedure can be carried out : without a specific fee, with payment, in accordance with general jurisdiction, through the courts.

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: Documents after privatization of the apartment in hand

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.

The legislative framework

We hasten to reassure those who did not have time to privatize their housing before March 1, 2018 (this was the deadline). The entry into force of Law No. 14-FZ of February 22, 2017 significantly changes the terms of modern privatization of apartments and residential properties - the procedure remained free, but became unlimited. In other words, there is no need to wait for the next annual renewal, as was the case before 2021.

You can privatize an apartment or housing at any time. But this is housing, and what about summer cottages and land plots? Let's turn to the legislation.

Regulatory regulation of the issue:

• Federal Law No. 93, popularly nicknamed the “dacha amnesty”, explains the simplified re-registration scheme for dacha, garden, and vegetable garden areas, as well as plots for individual housing construction and private household plots. The main difference from the usual procedure is that there is no need to wait for the housing to be put into operation. And in terms of the time frame for processing documents, it is much more profitable - instead of the standard 2-3 months, in just 10-14 days.
• Federal Law No. 178 “On Privatization...” dated December 21, 2001 (latest edition) - defines the main provisions of the Program, methods of privatization, terms, procedure for purchasing land, etc.

Legal regulation makes it possible to streamline land legal relations. In simple terms, people have the right to privatize a dacha plot of land completely free of charge within a specified time frame. We'll talk about this below.

Until what year was it extended?

Previously, the end date for the free transfer of land was December 2013, then it was extended several more times.

And after March 1, 2021, Federal Law No. 171 dated June 23, 2014 came into force, which simplified the redemption of plots.

At the same time, the Law stipulated that after March 1, 2021, free privatization will be prohibited.

In 2021, privatization under the “dacha amnesty” was extended until 2019, but then fresh news came in which citizens were notified that the period for free registration of plots of land had been extended again, now until 2021.

Which areas are covered by the free procedure?

The country's land code indicates that if the territory is owned by the owner or he has inherited this piece for life, registration will be carried out without charging a fee.

Initially, registration of plots without collecting a fee was carried out until the winter of 2010. But as a result of public hearings, the legislature allowed such registration to be carried out until the spring of 2015.

For participants in various cooperatives : horticultural, market gardening and dacha cooperatives, a more positive solution is prescribed at the legislative level.

The Law “On Dacha Amnesty” indicates that participants in such communities can register their own plots free of charge, but before that they need to submit a mandatory package of documents to local authorities.

For such a procedure, the date of joining the cooperative is immaterial. complete registration according to a more loyal scheme until the end of 2020 .

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.

Required documents and application

The list of required documents is in a standard form and does not change, however, additional documents may often be required, depending on the specific case, which relate more to individual cases.
Before you start collecting documentation, it is recommended to first clarify its list with the local Land Committee. Typically, privatization requires:

• statement. The form must be filled out by the owner of the property (apartment, house) or the head of the organization applying for the plot of land. The sample to be filled out must be in the Land Committee;
• passport of the person applying for privatization;
• a document that must indicate legal ownership of the property (lease agreement, deed of inheritance, development permit, etc.)
• cadastral number and technical plan;
• document with information about the standard value of the plot. This paper is also taken from the Land Committee;
• certificate indicating the price of the land plot. This paper is issued by the BTI;
• a certificate from the tax service about the size of the plot and the corresponding taxes on it;
• documents confirming the legal ownership of all buildings on the site (buildings, structures, etc.);
• cadastral passport of a house or apartment located on a land plot;
• a certificate of the cost of all buildings taken from the BTI;
• a paper taken from the Unified State Register of Real Estate and providing all the information about persons entitled to the rights to the privatized object.