Privatization of the country plot. Free privatization of the suburban area. Advice of a lawyer

Privatization is the procedure for the transfer by the state or municipal authorities of property rights to a property object in private hands. Such a process is necessary that in the future the owner could dispose of the property at his own discretion. Privatization of the suburban area is a complex, long and multi-stage procedure. It differs markedly from the usual privatization of apartments. However, public authorities are doing everything possible to simplify the transfer of property rights.

Prolongation of "dacha amnesty" in 2015-2016

"Dacha amnesty" - a draft law containing a list of amendments to regulations affecting the privatization of the suburban area with a minimum package of documents. These amendments are considered valid since 2006. Moreover, in the winter of 2015, the Russian government provided and officially confirmed the prolongation of the "dacha amnesty" until March 2018. The essence of the project is that at the time of submission of the application for re-registration of the land plot, the owner does not need documents confirming the admission for the erection of the building, which is already located on the site. Thus, the owner is exempt from collecting additional documentation.

Sites subject to privatization

Initially, the law on the privatization of land was created to help owners who for a long time were listed in the country communities and did not have the opportunity to implement the process of registration of property rights. Experts of authorized bodies subdivide land plots on the following grounds:

• By location,
• On the presence of buildings on the site,
• On key forms of property rights.

Privatization of the country plot is carried out in strict accordance with the legislative acts of the Russian Federation. Among other things, the owners were able to privatize a certain part of the plot.

Depending on how many persons privatized the land, the following situations may arise:

• The whole territory belongs to one owner;
• In the possession of the owner is only the share of the plot;
• The plot has several owners at the same time.

There are also cases when it is impossible to re-register housing:

• The territory on which the site is located is under state protection;
• The site is subject to restrictions by federal legislation;
• The plot is booked for the construction of public facilities.

However, the owner of a non-privatized plot can exploit it throughout his life, but he will not have the right to realize it, that is, to make a purchase or sale transaction, donate or exchange it.

Legal documents

Participate in the program "dacha amnesty" can only be provided that the owner has on hand papers confirming ownership. The limitation period for such documents is absent, the main thing is that they are drawn up and issued in accordance with the legislation of the Russian Federation. The list of title documents includes:

• A certificate confirming that the owner has the right to use the site for life,
• Certificate for the right of perpetual operation,
• The certificate confirming the inheritance for life,
• An excerpt from a home book,
• Documents for the site, which indicates all rights to land.

In the event that the owner has in his arsenal all of the above securities, he is entitled to privatization. However, if the owner does not have such a list, then he has nothing left, except for the purchase of land from municipal authorities or the state.

Requirements for free privatization

Free privatization of the suburban area is possible if the owner has documents confirming the rights of lifelong exploitation.

Following the requirements of "dacha amnesty", whose activities were subject to extension until 2015, the territories received by the Russian Federation before 2001 are privatized in a free and simplified manner. In addition, such facilities should be assigned to the following types of land use:

• Land for summer construction;
• For the maintenance of personal economy;
• For housing construction of buildings;
• For gardening and gardening.

It is possible to officially register the ownership rights to the plots that meet the above requirements, possibly in the Rosreestr office at the location of the facility. In this body the owner will need to provide any paper that confirms the fact of allocation of territories for use and cadastral passport of the site.

Privatization on a fee basis

Those lands that were granted to the owners in the period after 2001 do not belong to the Dacha Amnesty program. This rule applies to the plots of farming communities for agricultural purposes, granted to legal entities, and lands of industrial zones. Thus, a free privatization process becomes impossible for them. However, the owners of such territories can carry out the process of re-registration on a fee basis. Accordingly, they need to obtain permission to conduct privatization, which is provided by public authorities.

How much does privatization cost? The cost of redemption of the land plot from state or municipal property is calculated on the basis of the minimum land tax rate. The last indicator directly depends on the cadastral price of the object.

The process of re-registration of land

If there are personal structures on the land plot, the state is allowed to simultaneously re-register the territories under the object and the dwelling itself.

Following the legislative documents of the Russian Federation, owners of private buildings receive an exclusive right to privatization. And if the object on the territory was erected before 2001, then the owner is officially allowed to carry out the privatization process for free, as he falls under the project "dacha amnesty."

Persons who wish to privatize a site under a private structure are required to apply with some list of documents to state authorities. This list includes documents confirming ownership of the building and cadastral passport of the site. If all documents from the owner are available and the site falls under the terms of the program, then the state authorities make a positive decision regarding the free re-registration procedure. However, if a negative decision is made and for any reason the owner is not provided with the possibility of free privatization, appropriate documentation for the purchase and sale of the land is issued.

Documents for the privatization of the suburban area

The owner must provide the following list of documents to the local administration:

1. Application from the owner of the site with indication of his name, passport data, TIN, area of the object and key purposes of using the territory.
2. Permission for construction (if any).
3. The cadastral passport (if available).
4. Extract from the Unified State Register of Real Estate (EGRP) on the registration of property rights.
5. A photocopy of the main document of a citizen of the Russian Federation - a passport.

Presentation of title documents to an authorized service

After receiving all the necessary documentation, the authorized body issues in the hands of the owner an officially certified receipt of data. After this, the application is considered and the subsequent decision is made, which is carried out within a month.

Cadastre accounting

To set up land for cadastral registration, the owner will first of all need to remove all the size of the territory. Moreover, this work is not performed independently, but through the provision of services by the cadastral center. Accordingly, at a predetermined time, a cadastral engineer arrives at the facility, which performs the measurement of all necessary parameters. All costs for such measurement work are assigned directly to the owner.

Making a decision on granting a site

Official registration of property rights is carried out on the basis of an application from the owner, documents confirming his identity, title documents, a check on payment of state duty. Privatization of the suburban site takes place within ten working days.

However, similar processes can be entrusted to specialized organizations that are able to professionally carry out the privatization procedure. The only condition is the presence of a power of attorney from the owner, certified by a notary. Naturally, for the performance of work this organization will require a certain amount from the client.

Terms of privatization of country sites

After the filing of the official application, the decision to grant the ownership of the land plot is considered within two weeks.

In the absence of a cadastral plan of the site, the municipal authorities shall manage to compile it within a month. Immediately thereafter, a permit is issued for the privatization of the site. And then his measurements and compilation of the cadastral plan are made. And the cost of carrying out these works is assigned to the owner of the facility, and the average cost is about 20 thousand rubles.

Only after this, there is a registration of the sale of land or a contract for free re-registration. As a result, the privatization of the suburban area takes from several weeks to six months.

In what situations is privatization considered impossible?

The Law on Privatization of Land Plots impose a ban on carrying out this process in cases where:

1. The territory is reserved by the authorities.
2. There is a ban on the state level.
3. The site is a reserve.
4. If there are other legislative restrictions.

Privatization is a complex and lengthy process. When will privatization of country sites end? In 2015, the period of the "dacha amnesty" was extended until 2018. The owners of the plots obtained before 2001 are entitled to carry out the procedure.