How to privatize a plot of land in SNT or under a house in 2021: detailed guidance from a lawyer

Using land and owning it are different concepts. According to the law, private property is inviolable, and the user can at any time be asked to return the plot for state or municipal needs. To prevent this from happening, acres under a private house or in a garden cooperative need to be privatized.

How to do it right? In what cases is free privatization of a land plot possible? What documents to collect and where to apply? Yulia Lotova answered these questions to the FAN .

photo from the personal archive of Yulia Lotova /

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.

Defining boundaries

In the absence of documented boundaries, the person applying for privatization must, at his own expense, organize cadastral work on the site to determine the boundaries.

To do this, you need to contact a geodetic company or a private cadastral engineer to order and carry out boundary work. The work is carried out by a visiting cadastral specialist from a geodetic company.

If the plot is located surrounded by neighboring plots, then it is necessary to obtain the signatures of the neighbors that they agree with the boundaries determined in the process of boundary work by the cadastral specialist.

After completing the work to determine the boundaries, the client of the geodetic company is issued a survey document indicating the coordinates of the boundaries, which is subject to registration with the BTI in order to receive a cadastral passport.

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.

Is it possible to save money?

Of course, a logical question arises: how and on what can you save with this procedure. It depends on what kind of savings you are interested in. It can be monetary or time saving. Here intermediaries “seemingly” involved in resolving your affairs begin to offer their help, of course, for a fee. But practice shows that in this way it is not only impossible to save money, but moreover, it will entail many additional costs, not to mention the lack of reliability of the company with which you will deal.

It is worth understanding that privatization is not too expensive a procedure to be transferred to the hands of dubious organizations. The cheapest and most reliable way is to fulfill the requirements yourself. And if problems arise, you can additionally take advantage of the advice and assistance of a lawyer online without registration or telephone on our website.

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: What documents are needed to privatize a garage through the MFC

How is the transfer of property into ownership determined by the legislation of the Russian Federation?

Privatization is understood as a legal procedure, the result of which is the complete or partial transfer of property by the state into private hands.

The procedure and means for implementing this process in Russia are described in the Federal Law of December 21, 2001 No. 178-FZ “On the privatization of state and municipal property.”
It states that this is a paid process of transferring property owned by the state to the ownership of legal or private persons. The law defines as state property the category of property that belongs to the Russian Federation, its constituent entities and municipalities.

The possibilities of privatization of private housing in the Russian Federation are also regulated by Federal Law No. 1541-1 “On the privatization of housing stock on the territory of Russia.”

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.

Required documents

After determining the possibility of privatization, the following documents must be prepared:

• Copy of the passport;
• Document on the right to use land;
• Certificate of a father of many children (mother of many children);
• Certificate of presence of buildings on the site;
• Cadastral documents (if available).

The document on the right to use land may include a certificate of the right of perpetual use or lifelong inheritable possession, as well as a lease agreement or an agreement on the provision of land from the authorities.

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.

Where to contact

To determine the place to submit an application, the future owner needs to go to the Unified State Register website and find out the state owner of the land plot subject to privatization. The application must be submitted to the local executive authorities if the plot is in municipal ownership, for example, it belongs to a dacha or garden cooperative to which the land was provided by the municipality.

It is necessary to contact the Rosimushchestvo branch in cases where the privatized plot relates to:

• To federal property;
• To the property of the subject of the federation.

You can find the address of the Rosimushchestvo branch in the applicant’s region on the organization’s website by selecting the desired region on the map of the Russian Federation or from the list.

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: Document on the privatization of an apartment before 1998

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.

Contacting a lawyer

If you do not have experience in registration or you do not want to independently understand all the details of such a procedure as privatization and registration of a land plot, you can always turn to legal services for land management. The lawyer will not only advise and bring you up to date with the matter in a fairly quick time, but will also take on the responsibility of protecting you from illegal actions on the part of the registrar.

After reading this article, you can understand the main problems and errors that arise periodically when submitting papers and making decisions, but this does not insure you against unforeseen situations that often occur in such matters.

Why did the opportunity arise for private free privatization and the transfer of funds from state ownership? This was necessary when our country was transitioning to a market economy, and private property came in exchange for collective ownership. Thanks to these changes, individuals and legal entities have the opportunity to own their own plot of land and use it for personal purposes or rent it out.

Once again, we draw your attention to the fact that privatization is free until 2020, but only on condition that the designer has not previously used his one-time right to free privatization.

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.

Around the garden plot

To the greatest extent, the “Dacha Amnesty” concerns land plots that have been called “dacha” since Soviet times. Those same “five hundred square meters” in the gardening partnership that grew like mushrooms around cities starting in the 70s.

The land was allocated and registered immediately in a “large piece” - to SNT (horticultural non-profit partnership) or DNT (dacha non-profit partnership). And then it was cut into small sections for each member of the community.

The formal owner of the land was not the person using his dacha, but the structure - the partnership of gardeners and summer residents. That is, the summer resident could be “asked” from the partnership at any time, although, in fairness, it must be said that such cases occurred quite rarely. Federal Law No. 93 allowed such plots to be registered as personal property.

The procedure for registering the privatization of a plot owned by SNT is more complicated than that of an individual plot. A member of a gardening association should first apply to its chairman and send the appropriate application to the local authorities. Only after the application is approved can you begin the procedure of registering the land in your name.

If the dacha was allocated to the citizen personally, the registration procedure will be general - right in Rosreestr. In this case, the simplified registration procedure provided for by Federal Law No. 93 applies, and if possible, it is advisable to use it. The cost of registration consists of payment for the following actions:

Even from the table it is clear that using a simplified procedure is more profitable - the duty is almost six times lower. So it makes sense to have time to privatize the land while the “dacha amnesty” is in effect.

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.

Reasons for refusal

Sometimes authorities refuse to privatize citizens' garden plots. If this happens, be sure to request a written justification, this document will be the basis for appealing the actions of the authorities in court. But, before starting a lawsuit, it is necessary to analyze the reasons for the refusal and, if they are valid, try to eliminate the errors.

Common reasons for refusal are:

• the allotment is withdrawn from circulation;
• the summer resident does not have rights to privatization;
• a number of certificates are invalid or expired.

Is it necessary to privatize the dacha?

This question usually arises among owners of buildings on a summer cottage, when the land has already been privatized and belongs to the owner according to official documents. Experts argue that this needs to be done, especially since the dacha amnesty, valid until 03/01/18, allows this to be done quickly and without any problems.

As for the situation when neither the plot nor the house on it is privatized, and citizens use the property, for example, under a social tenancy agreement, then after 5 years of no action by the owner, this property becomes the property of local municipal authorities, so they have every right ask to vacate the occupied territory.

Process Benefits

There are pros and cons of privatizing a country house on privatized land. You should learn about these characteristics before directly registering the object. The main advantages of privatizing a country house on privatized land are as follows:

• it becomes possible to easily dispose of this property at your own discretion, for example, a dacha can be sold, leased to other persons or given as a gift;
• after the death of a citizen, this property is inherited by his successors;
• It is allowed to use the dacha to transfer it to a bank or other organization as collateral.

But before starting the process, you should make sure that the existing advantages are more significant than the disadvantages.