The phenomenon, which will be discussed in the article, is very relevant in any of the regions of Russia. In everyday life, it is called a summer cottage amnesty. We are talking about the transfer of ownership of real estate and land in a lightweight version. After the corresponding 93- "law on country amnesty" was adopted, it was extended twice already. Despite a number of existing disagreements and obstacles, the law works and enjoys considerable popularity among the population.
At present, some confusion can be observed. Some say that the summer amnesty has been extended until 2018, while others - until 2020. Let's get it right. When will the summer amnesty end? Should site owners be in a hurry?
The main regulatory act, which was approved in 2006, has a rather long official name. The current version of the Law of the Russian Federation on country amnesty is called Federal Law No. 20- dated 02.28.2015 "On Amending Certain Legislative Acts of the Russian Federation." As we see, the "dacha amnesty" people christened him exclusively in colloquial everyday life.
For whom is this law passed? Who can use it?
1. The main category of "recipients" of it are those citizens of the Russian Federation who have the indisputable right to a house or land.
2. It also concerns the owners of plots belonging to cooperatives or gardening associations. A very common situation: the gardener has a membership card ST, but does not have documents confirming the right to the site. In this case, you can register your property by writing an application to local authorities.
3. Another category is all citizens of Russia who have a document confirming the right to a land plot, but without specifying their property rights. It is thanks to the summer amnesty that the procedure for obtaining this much-needed paper is simplified as much as possible.
Based on all the adopted changes and improvements, Federal Law No. 20-FZ of February 28, 2015 can be called a set of amendments to the original law on summer residence amnesty.
What is the essence of the law?
Thanks to him, the process of registering real estate and land is greatly simplified, and obtaining a certificate is now much easier and faster. In certain paragraphs of the law, norms were introduced according to which the summer amnesty was extended until 2020.
Despite the urgency of the problem, most fellow citizens are in no hurry to register the land as property, taking the opportunity to do it quickly and in a simplified manner. Despite the fact that there is not too much time left, there are no crowds. Apparently, the majority of Russians are hoping for another extension (similar to the situation with the privatization of apartments).
Changes to the law on country amnesty were introduced in March 2015. Now, by the end of 2020, applicants have the opportunity to register land in the property by submitting a minimum package of documents. But one important feature should be taken into account - these amendments are relevant only to those who are members of a summer residence or gardening partnership.
What benefits does a citizen get in connection with the extension of the law?
As already mentioned, summer residence amnesty is understood as a simplified method of registering property rights to those real estate objects located on the territory of the Russian Federation. To obtain the necessary documents, you must make sure that the landlord has a document that can confirm the right to own land. Even if this document was issued many years ago, but with all the requirements of the law that existed at that time in the country, it does not have a statute of limitations.
The system of registration of rights, which operates today, has been operating since 1998. Certified, in accordance with all the necessary requirements, the document (in the BTI or in the bodies of self-government) has the status of title and valid. If you have this paper, some of the problems have already been resolved.
And if not?
If you do not have a title deed available to you, you need to contact your local government with an application to receive an extract from the business book. If the option of obtaining an extract does not work out, then all that remains is to buy the land from the state or municipality.
That is why the extension of the summer amnesty guarantees the observance of the rights to those owners who have previously issued documents (that is, the old model). Their legal force is confirmed by article of the Federal Law No. 122-FZ.
Getting a new testimony - does it make sense to rush?
Some owners of land and real estate have not yet taken any steps to re-register. Indeed, no one legally obliges the owner to obtain a new certificate. But on the other hand, if it is necessary to carry out an alienation procedure (for example, when selling or donating a plot), the USRP will lack the necessary information about you as the owner. This situation is fraught with the inability to complete the transaction from the point of view of the law. And when the summer amnesty ends, the registration procedure can be complicated at times.
However, there is always a way out. This situation can be resolved in the following way: when registering a transaction with an unregistered site, it is allowed to simultaneously register rights to it and transfer these rights to another owner. It is even possible to save money on this option - after all, the state duty will be taken only for the procedure of registering a transaction.
A similar method of the double registration procedure has not yet been widely used. Most often, those people who trust each other - friends, relatives or good acquaintances - resort to it. If outsiders or organizations participate in the transaction, immediately before the conclusion they have every right to make sure that there are title documents for the site. Without this, many do not risk entering into any legal relationship for fear of fraud.
Other options
Among other things, a certain category of plots is registered as property in the automatic mode. In this case, the following may serve as title documents:
1. Those documents relating to the site, in which specific rights to possess it are not indicated.
2. Certificates or other acts that are provided for the right of possession or perpetual use, inherited for life.
3. Acts on the rights to use the site indefinitely, which are issued by the relevant services.
4. Extracts from household books.
If you have any of the documents listed above, this greatly facilitates the matter. In the case of using the plot for gardening, private house, garden or summer house, the registration procedure is extremely simple. In addition to providing the above document, you only need to write a statement. Both papers are submitted to the territorial authority of Rosreestr.
Is it necessary to survey the site?
The question of the need for land surveying in the process of registration of rights, according to the law on country amnesty, has been raised more than once. The obligation of this action was provided for in the first edition of the law, but then (in 2007) was canceled. This was done in the same interests of the applicants in order to save time, money and nerves.
However, after the abolition of the mandatory surveying procedure, many problematic situations arose. If there are contentious issues, the information reflected in the cadastral passport is formulated as “indicative” and “subject to clarification”. And since the cadastral passport is the main and most important document related to the land plot, which is perfectly recognized by most buyers, this wording will not suit everyone.
Among other things, in the event of a possible lawsuit, it will be very difficult to prove the real area of the land allotment. In order to avoid future difficulties, before the transaction is carried out, it is recommended to carry out a land surveying procedure, after which you must submit a statement to the cadastral chamber with a request to clarify the boundaries of the site.
How is the process of land surveying?
To implement this procedure, you need to obtain the consent of the neighbors so that the boundaries of your site are legally defined. In the event of the absence of such an opportunity or loss of contact with the owners of adjacent areas, an alternative option is provided. According to the new rules introduced since 2008, the procedure is as follows: a request is made to the cadastral chamber with a request to provide the official postal addresses of neighbors, a date is set for the land surveying procedure to establish the boundaries of the plot, the cadastral engineer sends out notifications of the upcoming event to the owners of adjacent plots (for a month and more until the intended date). If they do not respond, it is allowed to conduct a land surveying procedure in their absence.
If, for one reason or another, a mail notification has not been handed over (returned with a note that it was not possible to deliver), the procedure is as follows: the cadastral engineer must make an official announcement in the media about the procedure coming up in this territory. If there is no response from the owners of neighboring plots, it is possible to resolve the issue of borders without their direct participation.
What awaits the owners of suburban areas?
If the site belongs to the territory of a horticultural partnership, and its owner has a membership card, it's time to take advantage of the summer amnesty. After all, the presence of a certificate gives you the right only to be considered a member of a horticultural partnership, but not the owner of the site. The procedure in this situation should be phased.
Start with the privatization of land. To implement this procedure, a package of documents should be submitted, consisting of a statement, a certificate of confirmation of the information specified in it, from the SNT board and a hand-written description of the site parameters and its location. If you are the first of the participants in a particular partnership who applied to the local government with such a statement, you have the right to request from the ST management the whole set of documentation for the plots - legal and constituent. The maximum period for consideration of submitted documents is 14 days, then they are subject to state registration with the authorities of the Federal Register.
Please note - the amendment to the law on summer cottage amnesty applies to members of cottage, horticultural, gardening associations and cooperatives. From March 1, 2015, the summer amnesty was extended to 2020 (until its completion). Throughout the entire mentioned period, these persons are entitled to free ownership of the garden plot with the submission to the local authorities, as already mentioned, of the minimum documentation. In this case, the date the applicant joins the cooperative does not play any role.
How to issue a house under a summer amnesty, if it is inherited?
The Civil Code of the Russian Federation allows you to transfer real estate as an inheritance - by law or in accordance with the conditions of the will. Before registering a house under a summer residence amnesty, the subject must accept the inheritance. This is done either in a legal way - when the heir turns to the notary, or in fact - when using property, paying tax on it, etc. According to the general rules, they enter into inheritance rights within 6 months from the date of its opening. When this formality is observed, it is possible to register a land or real estate in the same simplified manner under the terms of the law on summer cottage amnesty.
That is why this law is very popular these days, even taking into account certain inconveniences and inaccuracies. Its simplified rules have helped many people obtain the status of legal owner of the site. For those who still have not decided on this, the extension of the amnesty until the end of 2020 will allow them to draw up their own rights without haste.
When will the summer amnesty for homeowners end?
However, it should be mentioned once again that this date - 12/31/2020 - refers only to members of gardening and summer cottage associations. As for the duration of the simplified legal mechanism, designed to register the ownership of residential real estate (individual residential buildings), here the summer amnesty has been extended until 2018 (until March 1).
It is up to this date that registration of the right to a house is possible even in the absence of a permit for commissioning. If you start the process of registering housing ownership later, the registration authority will ask you for a document with the permission to put the housing into operation. That is why the owners of construction in progress should hurry up, not waiting for the date when the summer amnesty ends.