Let us recall how families rejoiced in Soviet times when they allotted lands for country estates and vegetable gardens from enterprises and individual industries. It was a great opportunity to get your piece of land where you can spend weekends, grow vegetables and fruits.
The time has come for commercialization and business has made it simply necessary to officially assign such lands to the owner. Indeed, in this case, the allotment acquired a rather significant price. Formalization of cottages is also beneficial for the state, as this guarantees an increase in tax deductions to the treasury.
The concept of a simplified procedure
In order to simplify the registration of land plots and speed up registration by mass appeal, Federal Law 93 on country amnesty was created. Such a legislative act prescribes not only the procedure, but also all the features of a simplified design.
There are many nuances, for example, a summer residence amnesty with an increase in the area of a land plot. Indeed, over the time elapsed since the date of land allotment, land plots could be enlarged by joining separate lands from those that were in common use or abandoned by neighbors.
The procedure allows you to obtain proof of ownership of real estate, which was already in use by a citizen. Moreover, it can be both a land plot and a building.
Standard registration of law - the procedure is quite complex and time-consuming. It was quite problematic for summer residents. As a result, houses already grew on existing plots, which gradually turned from temporary huts into capital ones. Now, citizens are faced with the fact that services refuse to officially conduct light, gas and water to such self-construction. Therefore, there was an urgent need to register not only the plots, but also the structures available on them.
Country amnesty for a land plot: terms of the action
The dates were initially set for the period from 2006 to 2009 inclusive. But after it has been repeatedly extended. First, until March 2015, and then for another 3 years, and in some cases for 5 years. At the same time, many amendments were made to the legislative act itself.
Thus, today the procedure is already applied in the most run-in form, it allows you to really quickly complete the design. In addition, it now provides all the features that have grown over allotments during its existence. For example, the summer amnesty is greatly facilitated with an increase in the land area.
Who can claim a simplified procedure
The right to such registration was obtained by all citizens who were endowed with lands before 10.30.2001. This period is timed to the entry into force of the developed Land Code, which is currently in force. It is believed that as soon as he left, persons newly acquiring or receiving land should already be informed of all the intricacies of the law and the need to register their rights. Therefore, ignorance or unwillingness is a violation of the law.
In addition, certain categories are identified that can participate in the simplified procedure. They include:
- Persons with lifelong inheritance rights. Such summer residents in due time received allotments, working at various enterprises. Often this was done for free. The property did not become property, but it was possible to use it indefinitely. Moreover, he could be inherited.
- Persons with rights to use the plots in perpetuity. Such land was allocated to enterprises and then distributed among workers or certain categories. For example, a free allotment was allotted to veterans of the Great Patriotic War, heroes of labor.
- Persons who are founders of companies in whose possession land plots stand out for large agricultural work. These are numerous farmers who used to receive land under completely different laws for temporary use. The main condition for registering it today is its intended use. This means that if the site was taken under horticultural activity, but now there is a wasteland, then it is unlikely that the ownership will be able to be confirmed.
Deciding on the procedure, especially if it is a summer residence amnesty with an increase in the land area, it should be understood that the owner will automatically become a tax payer. Moreover, the rules of its calculus have now also changed. The fee ceased to be nominal, and became dependent on the cadastral value of the land.
Standard procedure
The procedure would seem simple:
- collection of the established documentary package;
- appeal to Rosreestr or MFC units at the place of residence;
- obtaining documentation confirming ownership.
In this case, a declaration on country amnesty is filled out. But each individual situation requires a separate consideration. So it may be necessary not only to present all the documentation available on the land and buildings, but also to restore the lost copies, or to hire third parties to draw up new forms.
Country amnesty with increasing land area
Initially, the legislation provided only for the registration of a land plot, the area of which is already established by the documentation available on hand. Subsequently, the rules were revised and supplemented. There was an opportunity to combine the selected site with the cut-off territories. However, there are some limitations:
- It is impossible to combine your site with the site of the neighbor, even if the latter is empty and not used at all. This is prohibited because in this case we will be talking about an invasion of foreign territory.
- The desired piece of land to be cut should not belong to common lands.
- It will definitely be refused if the owner tries to add land to his plot that has a different purpose or category.
- The allotment to be cut should be in area within the permitted standard.
There are a number of limitations. Of the general, it is possible to note the impossibility of registering land from the forest fund and coastal strips. Before contacting you should familiarize yourself with regional and local regulations.
Size guidelines
Particular attention should be paid to the maximum permissible sizes of the added sections. Each region has its own regulations in this regard. If such does not exist, then it is necessary to be guided by established federal. This is not more than 10% of the size of the personal possessions of a citizen who applied for registration. This means that having your own six hundredths, you can cut only 0.6 macaws.
It must be remembered that the current tax base for such property is the cadastral value of the land. The more you put on, the more the board will increase.
Preparation of documents
Country amnesty with an increase in the land area does not differ much from the standard procedure. Also, a simplified set of documents is being prepared precisely, which includes a declaration on a summer residence amnesty. It is only necessary to prepare documentation for the joining allotment. There are two ways to do this:
- first register "your" site, and then in court to prove its new borders;
- immediately draw up a land survey plan of the land and already in this form go to register it.
The latter case may be complicated by the reluctance of specialists to work with the inclusion of an extra allotment, since in this case a refusal is possible, which will affect the reputation of the contractor.
Who can make a land plot land plan?
Today, such a procedure is performed by cadastral engineers. Such specialists can carry out their activities independently or as part of the staff of organizations. In any case, they must have the appropriate education, experience, relevant certification. On the office of Rosreestr, the list of engineers meeting all the requirements is regularly updated.
Land surveying
Surveying is a paid procedure. For work, it will be necessary to provide documents on the site. The list of necessities is always individual. The specialist will study the information provided, will go to the site for measurements, will notify interested persons whose rights and interests could be affected when registering new borders. Then carries out coordination with them.
The result will be a plan with a digital signature of a specialist and his seal, which is submitted to Rosreestr. If it was not possible to agree on the borders, then the owner will have to contact the judicial authorities.