For many citizens of our country, a summer cottage is a favorite place where you can spend time with benefit. Therefore, people are interested in how to privatize the cottage. You need to go through a simple procedure to become a full owner of your property. After that, you can conduct various transactions with him.
Benefits
Owing to privatization, it is possible to sell, to give, to exchange the cottage, and also to bequeath to the inheritance. Ownership is protected from fraud by ownership. The non-privatized site does not have such advantages. Privatization guarantees the safety of land and buildings.
Although the procedure is quite troublesome, it’s worth it. Without cadastral registration, land cannot be sold. You can not buy a cottage only with the renewal of the membership book for a new owner. The book is a document, but not the main one.
It will not be possible to sell the site if its owner appears in the register as the previous owner. This is a rather complicated issue that requires a decision on the establishment of a right to property through a court. The sale of a privatized cottage is carried out with the help of a notary and does not cause difficulties. If ownership was granted before 2006, then the old certificate should be changed to a new model first.
Norms of law
According to the law of the Russian Federation, the privatization of a summer cottage can be passed to each participant in a summer cottage. But keep in mind that the mere fact of participation in such an association does not provide ownership rights. It is necessary to go through state registration in order for the property to pass into possession.
Is it possible to privatize a summer cottage if it has not been owned for a long time? Experts recommend starting this procedure as soon as possible. This will allow not to lose their real estate and land. But if you do not register the property for a long period, scammers can take advantage of this.
Do I need to privatize the cottage? If 3 years of unregistered land is not used by the owner, the municipality can return it. Therefore, you need to understand in detail how to privatize the cottage.
Changes
According to amendments to the legislation (March 2015), the privatization of land began to be carried out in a simplified form. It is convenient for government agencies and future owners. The procedure is being carried out in accordance with the "summer amnesty".
Now it is not necessary to carry out land surveying, although earlier it was mandatory. Therefore, if the property has not yet been registered, it is necessary to register it by law.
Who is eligible?
All individuals who do not have property are entitled to privatize real estate. Municipal property can be issued by legal entities whose assets are less than 25%.
You can register ownership of almost every immovable property. But this can not be done with emergency housing, dormitories, office space, other property specified in the legislation.
Appeal
Where are the summer houses privatized? This is done by the district administration. A message is sent to the self-government body if there is no information from the cadastral passport. In such an appeal, you need to make a plan with the necessary information.
During registration, you will have to face:
- Federal Registration Service.
- Inventory bureau.
- Tax inspection.
- The land committee.
- Geodetic service.
How much does it cost to privatize the cottage? Typically, the procedure costs about 8 thousand rubles, including the payment of state fees, documentation.
Stages
How to privatize the cottage? In order for the procedure to be free, you need to join a summer cooperative. Usually for this you should buy a plot for the construction of a summer house. Then you need to take over the ownership and management of property. The owner becomes a member of the cooperative automatically. A confirmation of this is the membership book.
After this, drawing up the boundaries of the land. This document is certified by the head of the community board. It contains:
- borders;
- description of the object;
- cadastral numbers of adjacent plots.
How to privatize the cottage to complete everything to the end? It is important to make a statement. To do this, contact the Department of Land and Property Relations. They will provide an application form that must be completed.
Documents
To privatize a house in the country or the plot itself, the following documents are required:
- description of the boundaries of the site;
- property rights;
- confirmation of the location of the site on state territory;
- check on payment of state duty.
The decision to transfer the land to ownership is made 2 weeks after the submission of the application.
The following actions
After this, you must contact the Rosreestr to register the property. To make a land plan, you need to invite an engineer. After the procedure, a cadastral passport is provided.
If you had to apply for registration of the right before 2006, and there is a document to confirm this, then you do not need to contact the local authorities again. The old document automatically becomes valid without the participation of the owner.
To the question whether it is necessary to privatize the cottage, one can definitely answer yes. After receiving the necessary documents for the property, the owner becomes the full owner of the property and the land. He has the right to dispose at his discretion. Real estate can be gifted, sold, inherited.
Registration of a country house
How to privatize the cottage if the owner is the owner of the land? Making a house is even easier compared to the plot. Since a summer amnesty is in effect, a permit for operation and a technical passport are not required.
You can register:
Canopies and sheds can be left out, as they relate to temporary buildings. To register a summer cottage, you need a certificate for the site, a declaration. The last document has an established form, which must be completed.
The declaration shall indicate:
- type of construction;
- address;
- area;
- information about the site;
- number of storeys;
- materials;
- communications.
How to get a privatized summer cottage? The completed declaration must be referred to Rosreestr or to the MFC. It should pay a state fee, write a statement. After 10 days, a certificate can be obtained.
If there are no documents
If there are no necessary documents for the site, then registration takes more time. Then you need to contact the administration, where the cottage is located. It is necessary to provide:
- a deed of purchase for a house;
- description of boundaries;
- statement of approval of boundaries.
A month is being considered. If the decision is positive, a draft site boundary is provided. With this document you must contact the same authority to write an application for the purchase of a cottage in the property. In the end, you need to contact the Rosregistration to draw up a cadastral passport and collect documents.
The process will last 1 month. After this, the applicant is issued documents confirming receipt of ownership of the plot. Then the applicant will be its owner.
Sale of a summer residence
After registration of ownership of the land, the owner can dispose of it at his discretion. He can carry out various real estate transactions. This applies to suburban estates - estates, gardens, vegetable gardens. All this can be gifted, inherited, sold.
If the cottage has been owned for more than 3 years, then operations are not subject to income tax. Regarding owners who have owned the land for less than 3 years, the sales tax will be 13%. For foreigners, the amount will be 30%.
The tax is paid by the seller, the buyer does not need to make it. If the cottage is registered on a donation basis, then the tax is paid by the new owner. To avoid overpayments, the contract should indicate the cost of the cottage. Then in the future there will be no need to estimate it by cadastral value.
To pay income tax, you do not need to visit the tax office. If the seller did not submit the declaration on time, then a penalty of 5% of the amount will be assigned. Some registers provide retirees with tax benefits. If there is no such advantage, then you will have to deposit funds on a common basis. A tax deduction is granted upon recognition of the cottage as a residential building.
Rental
Making a deal is similar to renting out apartments. The difference is that there may be additional conditions for maintenance and upkeep. First, it is advisable to insure your property from various factors. This will protect against various troubles.
It is necessary to conclude a formal lease agreement, indicating there the obligations of the parties, cost, rental period and other conditions. It is necessary to carry out an inventory of the property and attach it to the contract. It records the current state of the property.
Before renting out, it is necessary to carry out repairs and eliminate malfunctions. Improvements will increase the interest of tenants. To search for tenants, you can use the Internet, print media, real estate agencies. It is necessary to take at least a partial prepayment.
Recommendations
Most documents have a limited validity period, but not everyone has time to collect the necessary papers in a short period. Because of this, you can lose time, and then you have to perform the procedure again. It is important to plan a schedule in time to do everything.
The privatization period is from 2 to 12 months. If you do not have time to complete everything, you will have to do it all over again. To successfully pass the privatization, you can turn to professional lawyers who will advise and carry out the examination, collect the necessary documents. Then you don’t have to visit different instances on your own, stand in lines.
A summer house will not be property if it is only re-registered with the chairman of the company. If the funds have been paid, but the property is not registered in the Federal Register, then the former owner should be found by demanding a power of attorney for registration. Following simple rules, you can quickly and competently register property.