"Dacha amnesty" - what kind of law is this, its duration and what kind of real estate it applies to

Article updated: September 15, 2021
Mitrofanova SvetlanaLawyer. Work experience - 15 years

“Dacha amnesty” is the popular name for various laws that allow the registration of ownership of certain land plots and houses in a simplified manner. Basic laws - Federal Law of October 25, 2001 N 137-FZ, Federal Law of July 13, 2015 N 218-FZ and the Town Planning Code.

All the changes that affected the “dacha amnesty” in 2020 - 2021 - a detailed analysis.

Real estate that can be registered in a simplified manner under the dacha amnesty

(to enlarge the picture, click on it)

The dacha amnesty applies to land plots that were issued to citizens before October 30, 2001 for indefinite use or lifetime inheritable possession - clauses 1 and 9.1 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ. The plots can be summer cottages, garden plots, individual housing construction or private plots. Citizens who received such land plots before October 30, 2001 can register their property in a simplified manner - see the link for details. This simplification is permanent.
Constructed garden/country houses - clause 12 of Art. 70 of the Federal Law of July 13, 2015 N 218-FZ. The simplification is valid until March 1, 2026 - Art. 1 of Federal Law dated December 8, 2020 N 404-FZ. To register such a house as your property, you just need to fill out several documents for it - see the link for details.
Outbuildings (bathhouse, garage, barn, etc.) - clause 17 of Art. 51 Civil Code of the Russian Federation and clause 11 of Art. 24 of the Federal Law of July 13, 2015 N 218-FZ. Simplification is permanent. What it is, read below - link.

What about residential buildings?

Here everything depends on several factors: 1) On what site the residential building is built - on individual housing construction and private plots or on a garden/summer cottage plot. 2) At what stage of construction is the house - not yet built, partially built or already built. I have analyzed each situation below using the link.

Amnesty or privatization

Dacha amnesty is a kind of universal term. It includes:

simplified registration rules;
delay in obtaining permits for construction;
as well as issues of land privatization, or rather, their timing.

Indeed, in its pure form, privatization is a free transfer of real estate from the state (municipal) to private hands.

Question: What does the dacha amnesty apply to?

It concerns to a greater extent the registration of existing property, that is, the right already exists, you just need to obtain the proper document (of a modern type) on the ownership right.

Although the law provides for the registration of objects that were not previously owned by citizens, but were in other possession.

In this sense, we can say that the amnesty for summer residents is partly privatization on special grounds, which does not require a separate decision on the provision of an allotment of property and other general procedures.

What is simplification?

When registering a plot

To register a plot of land that has been received for perpetual use or inheritable ownership, you do not need to buy it from the state. The plots are transferred into ownership free of charge - clauses 1 and 9.1 of Art. 3 of the Federal Law of October 25, 2001 N 137-FZ. In addition, it is not necessary to establish the boundaries of the land plot before registration if these boundaries are not in the cadastre. This can be done after registering the property by carrying out land surveying.

The user of the site only needs to submit to the MFC the title document for it. This could be: a certificate, agreement or any act granting a plot of land for perpetual use or lifelong inheritable possession; extract from the household ledger; contract for the right of development. At the MFC, you must sign an application for registration of property rights and pay a state fee in the amount of 350 rubles - paragraphs. 24 clause 1 art. 333.33 Tax Code.

My detailed instructions - How to register ownership of a land plot under the dacha amnesty.

When decorating a garden/country house

Now, before building a garden/country house, there is no need to notify the local administration or obtain a building permit from it - clause 12 of Art. 70 of the Federal Law of July 13, 2015 N 218-FZ. This relaxation is valid until March 1, 2026 - Art. 1 of Federal Law dated December 8, 2020 N 404-FZ.

After building a house, it is enough to order a technical plan of the house with a declaration from a cadastral engineer. Then you need to submit them to the MFC to put the house on the cadastral register and register ownership of it. The state duty is 350 rubles (clause 24, clause 1, article 333.33 of the Tax Code).

If a garden/country house has already been built without notification or permission, it can still be registered in a simplified manner according to the above scheme. You need to order a technical plan for the house with a declaration from a cadastral engineer, then submit them to the MFC to register ownership of the house.

Although according to the law there is a simplified procedure for registering a built garden/country house, there is a problem here. Most often, country houses/garden houses were built without taking into account any requirements of the law, SNiPs, etc. For example, the minimum distance from the fence/site boundary to the house should be at least 1 meter. If it turns out that the house is located close to the fence and this is indicated in the technical plan, the registrar will not register the house. He is endowed with such powers. In case of refusal, the house will have to be registered through the court.

How to register ownership of a country house

When registering a residential building - depends on the site and stage of construction

Before constructing a residential building on an individual housing construction or private plot plot, it is required to notify the local administration (municipality) - clause 1 of Art. 51.1 Civil Code of the Russian Federation. The notification requirement is valid from March 1, 2019 - Art. 1 of Federal Law N 340-FZ. If a building permit has previously been obtained, no additional notification is required.

In some places, an application for planned construction can be submitted directly to the administration, in others only through the MFC. The application must be accompanied by a plan diagram of the exact location of the future house (scheme of indentations/building spot), indicate the number of storeys and maximum height. As a result, they will give you a notice of compliance (you can build) or non-compliance (you cannot build).

After construction, you need to draw up a technical plan for the house and submit it to the local administration with a statement about the completion of construction. The administration will use the technical plan to check whether the built house corresponds to the plan that was provided to them when submitting an application for planned construction. As a result, they will give notifications about the compliance/non-compliance of the built house. If everything is in order, the above documents should be submitted to the MFC to register the house in the cadastral register and register ownership of it. The state duty is 350 rubles (clause 24, clause 1, article 333.33 of the Tax Code).

If a residential building has already been built on a plot of individual housing construction or private plots, but without notification or permission, it cannot be registered in a simplified manner. Now it is considered an unauthorized construction and can only be registered through the court - clause 1 of Art. 51.1 Civil Code of the Russian Federation and clause 1 to 3 art. 222 of the Civil Code of the Russian Federation. If permission was previously obtained, then everything is fine. After construction, you need to do the same thing as I indicated above.

It’s another matter when a residential building is just being built, but the local administration was not notified or permission was not received before construction. For example, we only managed to build a “box” and have not yet connected it to communications. In this situation, the local administration should be notified about it - clauses 5 and 6 of Art. 16 Federal Law dated August 3, 2018 N 340-FZ. With this, the legislator says: “Even though construction has already begun, just notify the administration and we will assume that everything is legal. In such a situation, the house will not be considered an unauthorized construction.” This is necessary so that after the construction of the house it does not have to be registered as ownership through the court.

If a residential building will be or has already been built on a garden/dacha plot (this is permitted), there is no need to notify anyone or obtain permission - clause 12 of Art. 70 of the Federal Law of July 13, 2015 N 218-FZ (details). This simplification is valid until March 1, 2026 - Art. 1 of Federal Law dated December 8, 2020 N 404-FZ.

After construction, it is enough to order a technical plan for the house and a declaration from the cadastral engineer - clause 12 of Art. 70 of the Federal Law of July 13, 2015 N 218-FZ. Then these documents must be submitted to the MFC to register ownership of the house. The difficulty is that the house is not always registered. After all, houses are often built without meeting the requirements established by local development and land use rules (LRU).

How to register ownership of a residential building on a summer cottage

When decorating outbuildings (bathhouse, garage, etc.)

Unlike houses, to build any outbuilding, you do not need to notify about construction or obtain permission - clause 17 of Art. 51 Civil Code of the Russian Federation. It does not matter on what site the outbuilding is going to be built or has already been built.

In general, outbuildings do not have to be registered as property, because There is no such requirement in the law. If you really want to, you need to order a technical plan from a cadastral engineer along with a declaration for construction. Then these documents should be submitted to the MFC for registration. The state duty is 350 rubles (clause 24, clause 1, article 333.33 of the Tax Code).

If you have questions, you can consult for free. To do this, you can use the form below, the online consultant window and telephone numbers (24 hours a day, seven days a week): 8 Moscow and region; 8 St. Petersburg and region; all regions of the Russian Federation.

Amnesty terms

So, in view of such turmoil, it is not immediately clear until what year the dacha amnesty was extended.

Regarding the land plot, the amnesty period is until 03/01/2022. For permanent buildings the deadline is different.

Until 03/01/2026, a garden house, residential building, individual residential building, etc. can be registered on the basis of the technical plan and design documentation (if any).

If the house under construction is not ready by the specified date and, accordingly, the registration documents are not submitted, then a notification about the start of construction should at least be submitted to the administration before the specified date.

Afterwards, the finished house must be handed over upon notification of completion of construction.

In the absence of such procedures, the structure will be considered unauthorized. The administration may begin legal proceedings to demolish the house. Then you can defend your right and protect your house from demolition through the court. That is, by recognizing the building as meeting the requirements of the law and not posing a threat to the life and health of citizens.

In general, it is difficult to say when the dacha amnesty period will finally end.

Can we wait a little longer?

Since 2006, more than a million real estate properties have been legalized in the Moscow region alone under the dacha amnesty. According to analysts, at the end of 2021, at least 30% of objects remained illegal.

The owners' concerns are understandable and clear. However, does it make sense to delay the registration of the dacha and plot now? What if the authorities again meet the summer residents halfway and extend the amnesty for another five years?

We believe that this will not happen. Even if the dacha amnesty is extended again, the list of requirements for owners will radically change, and the procedure itself will no longer be so simple.

Registration of real estate will become more difficult

As noted earlier, the list of necessary papers and approvals is only growing every year.

So, from January 2021, the Registration Chamber began to require owners to provide a technical passport for the house. And, starting from March 2021, houses under amnesty where redevelopment has been done are simply refused to register if there is no permission to put them into operation.

On the contrary, those owners who have already registered real estate under the dacha amnesty no longer face such problems. They do not need to hire someone and incur additional costs if they need to obtain documents or register something in the same Rosreestr.

Documents and the need for land surveying

To take advantage of the opportunity to register country real estate for use, you will need to collect a package of the following documents :

statement;
passport of a citizen of the Russian Federation;
receipt of payment of state duty;
technical plan (both for the land and for existing structures);
title papers.

To obtain a plan, it is necessary to carry out land surveying.

To do this, it is important for a citizen to know how this procedure is carried out :

Order the appropriate work from the cadastral organization.
After clarifying the points with date and time, the engineer takes measurements of the site and identifies the coordinates of its location.
Based on the information received, the specialist draws up a technical plan.

Only with the document in hand can you contact the registration authorities to legitimize your rights.

Free conduct

As for carrying out the land surveying procedure free of charge, this is only possible within the framework of complex cadastral activities. In such cases, all work is carried out at the expense of budget funds.

municipal structures can initiate the program . They are also responsible for the results of the process.

Interested parties are advised to carefully study all the intricacies of the procedure, since free land surveying was introduced relatively recently and has significant features.