So, today we will be interested in the so-called country amnesty. What it is? What opportunities does it give the population? It is noted that this moment in the legislative system has greatly facilitated the lives of all citizens. Especially for those who use dachas and buildings on land. Their privatization has always been considered a rather problematic moment. But with the summer amnesty, everything has become much simpler. What should citizens of Russia pay attention to? What are the pros and cons of our current system?
Definition
Country amnesty - what is it? This issue is mainly of interest to land owners. Especially those who decide on privatization. It has already been said: getting ownership of buildings on the ground is very problematic. But with the summer amnesty, this process is somewhat facilitated.
The thing is that this is an amendment to the modern legislation of the Russian Federation. It acts on the Federal Law No. 93 "On Amending Certain Legislative Acts on Issues of Registration in a Simplified Form of Citizens' Rights to Real Estate". It was originally adopted in 2006, September 1. Since then, the process of privatization of land and buildings on it has been simplified.
Country amnesty - what is it? It represents a kind of support for the owners of land and cottages. This is a kind of process accelerator. Now privatization is taking place with less paperwork, as well as with less time.
Renewal
However, since 2006, legislation has been constantly changing. And at the same time, the extension of the summer amnesty took place. At the moment, it will be valid until 2020. True, in some cases, the amendment takes place only until 2018.
It is not known whether the summer amnesty will be extended after the specified time. But before this was done. Thanks to this process, as already mentioned, the owners and potential owners of land can make buildings and land in private ownership. For the state this is not so bad - because then citizens will have to pay taxes on land.
The last extension of the summer amnesty occurred on March 1, 2015. More precisely, now until the end of 2020 (until December 31, inclusive), citizens have every right to a simplified system of land privatization. But only lands that are in diverse communities: gardening, horticultural, summer cottages participate in this process. Otherwise, you will be able to deal with paperwork only until March 1, 2018 (while the summer amnesty is extended until 2020 inclusive). Such conditions are currently in force in Russia. As already mentioned, it is not known how long they will extend our today's amendment. But the fact remains - the summer amnesty favorably affects the process of obtaining land in private ownership.
By the way, if we talk about the privatization of buildings on the plots, then by 2018 (or rather, until March 1), you can draw up documents for buildings and structures that require special permission. But with a perpetual contract for use, the process is possible until the end of 2020. Such restrictions are currently in force in Russia.
Who can participate
Who has the right to use our today's amendment? After all, not everyone has such an opportunity. Several options for the development of events are indicated. It is when:
- citizens have a land lease;
- the person has a contract for unlimited use of land;
- if the site is located in the territory of a community;
- under a lease / perpetual lease for buildings.
Accordingly, if you have land in private ownership, but the buildings on it are not privatized, you can use our today's amendment. It has already been said - the summer amnesty has been extended until 2020. With rare exceptions, the period is reduced by 2 years.
The timing
Our today's amendment is, as we found out, a kind of accelerator of paperwork. Both on the ground, and on buildings on the site. But how long will the privatization process last now?
Nobody will tell you the exact date. After all, not everyone can quickly collect documents to start the process. But on average, everything takes about 2-2.5 months. After contacting the registration chamber, you will be asked to wait for a final decision on relative privatization for a month (or 30 days, to be more precise). But that is not all.
Additionally, you will have to spend some time collecting all the necessary papers. If you decide to engage in the privatization of a house or a summer residence, it will take some time for the appraiser to work. If you lose or damage your documents, you will also have to wait a bit. Therefore, it is a period of 2.5 months that is considered acceptable. But if you do not take into account the costs of collecting and preparing documents, then the direct decision of the registration chamber should be expected no more than 30 days. Fast, easy and very convenient.
Possible difficulties
Was the summer amnesty extended in 2016? Not. Now all previously adopted amendments are valid. And they apply to these categories of owners or potential owners of land until 2020 (or until 2018, it all depends on your situation). It is still unknown whether they will extend the summer amnesty. This is not such a big problem for those who have already decided on the design of a plot with buildings in the property. What difficulties can you face?
The first unpleasant moment is the lack of ownership documents. Or any other papers confirming the rights to use the site, as well as structures. Sometimes getting or restoring them is very problematic.
The second and most common case is the lack of any information about the land in the Rosreestr. Accordingly, it is necessary to initially carry out the so-called land surveying of the site, then put it on cadastral registration and get a passport of the same name. And only after that you can fully think about privatization.
It is also worth noting: if you decide to get a house or a cottage in the property, try to initially bring the building into a view acceptable for living. Registration for a summer residence amnesty, although simplified, does not provide for any amendments to the assessment of structures and buildings. It will not be possible to privatize a house declared unsuitable for living.
In some cases, one of the disadvantages can be noted cost. And far from time. For land surveying and assessment will have to pay. If you have almost no land documents (they were lost or damaged), you will have to pay for restoration. Such problems usually do not arise if all the papers are in perfect order.
Accordingly, sometimes among the shortcomings can be noted the duration of the procedure. On average, as you already found out, privatization takes about 2.5 months. But if you draw up a cadastral passport on the ground (from scratch), and also conduct a land survey, then only these 2 procedures can take about six months.
Documents
Is the summer amnesty extended after 2020? Not at the moment. And so far there are no significant discussions on this issue. Therefore, it is worth hurrying with the privatization of land. First, you will need a certain list of documents. You must present the originals and their copies. Country amnesty requires:
- passports of all persons involved in the process;
- permission of the guardianship authorities to register property (if there are minors among the owners);
- cadastral plans for land and buildings;
- any documents confirming the rights to use the site;
- registration certificate of the earth;
- payment confirming payment of state duty (for buildings and land separately).
In principle, there are no problems with collecting documents. The following list of documents is attached to the special application. And all this is submitted to the registration chamber. As an alternative, you can use the MFC or Rosreestr. It remains only to obtain a certificate of ownership within the specified time. They will be called to you when submitting documents for privatization.
How much to pay
The law on summer residence amnesty provides for the simplification of the process of obtaining land in lawful private ownership, as well as buildings and structures on it. But no one abolished the state duty. In this case, you will have to incur certain expenses. They depend on what exactly you decided to privatize. Country amnesty - what is it? These amendments are not only advantages, but also some features!
The thing is that for the registration of ownership of land you have to pay 350 rubles. This rule is relevant for 2016. But when it comes to a summer house or any other building, it is necessary to pay 2,000 to individuals. And this payment is relevant for each building. So, if you privatize a land plot with a house amnesty, you will have to pay 2,350 rubles in total. Not too much, but you need to remember about these payments. Without them, registration of property rights does not take place. State duty - mandatory payment. Please note: during privatization, you will only need the originals of payment documents.
Declaration / declaration
In order to take ownership of the land and buildings on it, future owners are required to fill out a special form. Country amnesty simplifies the privatization process, but does not completely free citizens from paperwork. The application (or declaration) will need to indicate some data on the registered property. Remember, if you fill out this document incorrectly, you have every right to refuse to apply. Moreover, these are legal grounds for a complete interruption of privatization. Again, you can resume the process, but with the re-submission of the document and filling out the application.
What is indicated in the declaration? Without fail, there should be information about future owners (passport data), the address of the site and buildings, the materials of the external walls, the area of the property, the number of floors of the house, connection to certain communications. If you made a mistake somewhere, you will have to fill in everything from the very beginning. Usually, no visiting commissions for checking are organized. All data is in Rosreestr. Therefore, it is in these bodies that the information you have entered will be verified.
Cadastral plan
The law on summer cottage amnesty simplifies the process of privatization of land and summer cottages. In some cases, you will not be asked for a cadastral plan of the land or structure. But these are far from the most common cases, but they still occur. So when can you not submit a cadastral plan? These are the cases:
- When it comes to land allocated for a garden or cottage. At the same time, a building should be erected on it, the presence of which is confirmed by the conclusion of the board of the non-profit organization about this.
- You can also not worry when the land was previously registered and entered in Rosreestr. If land information is available in this service, a cadastral passport is not required. You won’t demand it.
- The last scenario is the construction of any building that does not require official certification and building permits. Only here you need to remember that you have to show any document that can confirm the fact of the location of the structure within the land.
It is not known whether the extension of the dacha amnesty will take place. It has already been said that so far there is no information about this process. Therefore, you should hurry up with paperwork. If you know all the features of the process, you can easily privatize property.
System advantages
What can be learned from our current legislative amendments? The shortcomings and pitfalls have already been said. But in fact, not everything is so simple. It is not in vain that citizens are interested in whether there will be an extension of the term of a summer residence amnesty or not.
Firstly, among the main advantages are time costs. The process of registering property rights for buildings and plots is significantly reduced.
Secondly, the almost complete absence of paperwork. That is why many want the summer amnesty after 2020 to be extended. After all, you will need a minimum of a variety of documents. Collecting them is not as difficult as it seems. Now for this it is enough to contact the MFC. This is in case there is a queue in the registration chamber. Multifunctional centers are a win-win option, but in this case the paperwork will take more time.
Thirdly, they highlight the rapid legalization of the facilities erected on the site. Just a few documents - and you can not be afraid for illegal actions. Here is such a useful summer amnesty. Registration of private property, expressed by land or construction on the site, now does not take you much time.
As you can see, there are mostly pluses from our today's procedure. The main thing is to prepare in advance. Please note - since 2016, not a certificate of ownership of land or real estate is issued, but a certificate from the Unified State Register. It has unlimited action. By the way, an extension of the amnesty is also possible after 2020. After all, this has already happened several times. Nevertheless, it is recommended to hurry with the registration of the property if you have a non-privatized plot of land. Is the summer amnesty extended? This question has already been answered. Now it remains only to wait.