Why is it necessary to privatize the site?
Until the moment of privatization, all garden plots belong to the municipalities of the districts on whose territory they are located. Citizens use them on a rental basis. After the privatization procedure, the tenant acquires ownership rights to the land.
If this procedure is not carried out in time, the owner may encounter the following problems:
- The lease agreement may be terminated, and the owner of the land will be left without it.
- The area of your property may decrease in favor of more efficient neighbors.
- Deciding to take ownership after the lease has expired can add to the challenges.
Therefore, timely privatization is necessary to avoid losses and problems.
Content
1. How to start the dacha privatization procedure?
2. What is the procedure for privatization?
3. The process of privatization of a country house
4. Is it possible to privatize a dacha or land plot if the documentation is lost?
The procedure for privatizing a plot and a house has many advantages - full ownership of the house, joining dacha communities, receiving compensation from the state for the seizure. Therefore, many citizens, without hesitation, are engaged in registering land plots as their property. In addition, the state has simplified the mechanism for transferring land and buildings. How to successfully privatize a dacha and, at the same time, a plot of land, we will consider in this article.
Procedure
The timing of free privatization is not yet limited, and more and more people are thinking about this issue. How to properly register land located in a horticultural enterprise?
Landowners of gardening partnerships have one document in their hands - a gardener's book. It secures the owner's membership in the cooperative or partnership. However, the book cannot become a proof of ownership. To legally secure land, you need to do the following:
- Submit a corresponding application to the administration.
- If the administration gives a positive answer, register property rights in Rosreestr to issue a Certificate.
How to privatize a plot of land in SNT? Watch the video.
What documents are needed to privatize a garden plot?
Along with the application, you need to provide the following documents to government agencies for the privatization of the garden plot:
- Passport.
- Gardening documents certified by a notary.
- Description of the site location. It should include information about boundaries and area.
- Decision of the board of the organization on whose territory the site is located. It confirms the description of the territorial position of the land.
At the request of the administration, other documents may also be needed to privatize a garden plot:
- Land allocation act.
- Certificate of ownership.
- An extract from Rosreestr confirming the non-profit type of partnership.
- Cadastral passport of the territory on which the site is located.
The package of documents provided by government agencies is reviewed within 14 days. If the authorities do not find any obstacles in registering ownership of the citizen.
The resulting decision is submitted to Rosreestr. In addition to this document, to register property you will need:
- Application for the registration procedure.
- Bank receipt for state duty.
- Land cadastral passport.
Possible problems and obstacles
Most garden plots were obtained by gardeners at a time when few people thought about the correctness of their design. Consequently, summer residents may encounter problems:
- Inconsistency with the dimensions according to the cadastral passport or garden book.
- Violation of the boundaries of the allocated territory.
- Tax problems or administrative fines of a gardening partnership.
- Presence of unregistered buildings on the site .
- Reluctance of other members of the partnership to register ownership.
- Violations of sanitary and fire safety standards by the partnership.
A common problem is also the lack of a cadastral passport. Without this document, it is impossible to complete a transaction. This means it needs to be formalized.
Rental
Making a deal is similar to renting out apartments. The difference is that there may be additional conditions for service and maintenance. First, it is advisable to insure your property against various factors. This will protect you from various troubles.
It is necessary to conclude a formal lease agreement, indicating the responsibilities of the parties, cost, rental period and other conditions. It is necessary to complete an inventory of the property and attach it to the contract. It records the current condition of the property.
Before renting out, it is necessary to carry out repairs and eliminate faults. Improvements will increase tenant interest. To search for tenants, you can use the Internet, print media, and real estate agencies. It is necessary to take at least partial payment in advance.
If there are buildings on the ground
Gardeners have erected buildings on many lands. According to the Land Code, such lands can be privatized or leased.
You should start by contacting government agencies with a statement. Attach documents for buildings and a cadastral passport to it.
Municipal authorities consider the application within 30 days. Once you have received permission, you can begin the registration procedure.
It should be noted that often buildings on leased territories are not officially registered. In these cases, start with their design. This can be done using a simplified scheme.
Appeal
Where are dachas privatized? This is done by the district administration. A message is sent to the self-government body if there is no information from the cadastral passport. In such a request, you need to prepare a plan with the necessary information.
During registration you will have to deal with:
- Federal Registration Service.
- Inventory Bureau.
- Tax Inspectorate.
- Land Committee.
- Geodetic service.
How much does it cost to privatize a dacha? Typically, the procedure costs about 8 thousand rubles, including the payment of state fees and documentation.
If you only have a gardener's book on hand
This document only confirms that you are members of the partnerships. Privatization in this case is more difficult. The scheme consists of the following stages:
- Registration of land privatization. To do this, an application is submitted to the administration along with a description of the location of the land in free form. Describe the location of the site in detail, this will also confirm that it is located on the territory of the gardening partnership.
- After a decision is made to authorize the procedure, contact Rosreestr and provide the resolution of the authorities.
The procedure will require land surveying. It is recommended to do this before contacting the administration. Land surveying is carried out by cadastral engineers for an appropriate fee.
Two design options
Free
It is carried out in cases where a member of the partnership has received land on the right of lifelong or permanent use. In this case, permission is not required. The owner contacts the administration with an application and a package of documents:
- Identity document.
- Constituent documents of the partnership.
- Document for the site.
- Cadastral map of horticulture.
- Board decision on membership in SNT.
Based on the submitted documents, the administration issues a resolution on the possibility of carrying out the procedure and the applicant applies to Rosreestr to register rights and obtain a Certificate.
A member of the partnership who is classified as low-income or who received it before October 29, 2001 can register property free of charge. These conditions also apply to those. who has a residential building on their territory in personal or shared ownership.
Veterans and disabled people of war, large families, and disabled people of groups 1-2 have the right to free provision.
But keep in mind that the procedure for registering property and registering property are not exactly the same thing. You won’t have to pay for the land, but registering the procedure will still require depositing funds. The cost of state duty is 200 rubles.
In addition, if you order land surveying from engineers, then drawing up a land survey plan will cost you around 10 thousand rubles, it all depends on the number of horticultural members who have applied for registration and on the prices of the company you are contacting.
Whether or not to draw up a land survey depends on the document confirming the right. There are no general recommendations on this matter, so the decision is made in each case depending on the conditions and type of the existing document. In each individual case, we advise you to contact a lawyer.
Paid
If there are no grounds for free privatization, a purchase is made at a price not exceeding the cadastral value.
The price in this case is determined by territorial zoning. You can find out the specific cost from the government authorities of the region in whose territory the land you are applying for is located. Consequently, it is impossible to name a single, or even some average, price for each plot.
Selling a dacha
After registration of ownership of the plot, the owner can dispose of it at his own discretion. He can handle various real estate transactions. This applies to country estates - estates, gardens, vegetable gardens. All this can be given, inherited, or sold.
If the dacha has been owned for more than 3 years, then the transactions are not subject to income tax. For owners who have owned the plot for less than 3 years, the sales tax will be 13%. For foreigners the amount will be 30%.
The tax is paid by the seller, the buyer does not need to pay it. If the dacha is registered under a deed of gift, then the new owner must pay the tax. To avoid overpayments, the contract should indicate the cost of the dacha. Then in the future there will be no need to evaluate it at cadastral value.
There is no need to visit the tax office to pay income tax. If the seller did not submit the declaration on time, a fine of 5% of the amount will be imposed. Some registers provide tax benefits to pensioners. If there is no such advantage, then you will have to contribute funds on a general basis. A tax deduction is provided after the dacha is recognized as a residential building.
How to make an application?
An application requesting permission for free registration of property of the site is drawn up in the name of the head of the administrative authorities. It should contain the following information:
- Full name of the applicant.
- Passport details and TIN.
- Dimensions and plot number.
- Purpose of permitted use.
- Attached is the previously described package of documents.
Sample application for privatization of a land plot.
When buying out (paid privatization), the points of the application are the same. In it you indicate your intention to purchase the plot. It should also be accompanied by:
- A certificate from the land committee about the cost according to the standards.
- A certificate from the tax office regarding the amount of tax.
- A certificate from the BTI about the cadastral value.
- Technical passport for existing buildings.
The legislative framework
All questions about privatization are reflected in special regulatory documents:
- Federal Law No. 178 of 12/21/2001
- Federal Law No. 66, 2002
- Federal Law No. 93 dated June 39, 2006
- Federal Law No. 101 “On the turnover of agricultural land”, 2002
- Civil Code of the Russian Federation (Article 209, Article 129)
- Land Code of the Russian Federation No. 136 of October 25, 2001 (Article 39.36)
Legislative acts provide that land plots and buildings located on them must be privatized. At the same time, building owners received the right to a special procedure for privatization.
