Privatization is the procedure for the transfer by the state or municipal authorities of property rights to the property in private hands. Such a process is necessary so that in the future the owner has the opportunity to dispose of the property at his discretion. Privatization of a summer cottage is a complex, long and multi-stage procedure. It is markedly different from the usual privatization of apartments. However, public authorities are doing everything possible to simplify the procedure for transferring property rights.
The extension of the "summer amnesty" in 2015-2016
“Country amnesty” - a bill containing a list of amendments to regulatory legal acts affecting the privatization of a summer cottage with a minimum package of documents. These amendments have been considered valid since 2006. Moreover, in the winter of 2015, the government of the Russian Federation provided for and officially certified the extension of the "summer cottage amnesty" until March 2018. The essence of the project is that at the time of submitting an application for re-registration of a land plot, the owner does not need documents confirming the admission to the construction of a structure that is already located on the site. Thus, the owner is exempted from collecting additional documentation.
Plots to be privatized
Initially, the law on the privatization of land was created to help owners who for a long time were listed in country communities and were not able to carry out the process of registering property rights. Experts of authorized bodies subdivide land plots on the following grounds:
- by location
- by the presence of erected buildings at the facility,
- on key forms of property rights.
Privatization of a summer cottage is carried out in strict accordance with the legislative acts of the Russian Federation. Among other things, the owners got the opportunity to privatize a certain part of the site.
Depending on how many people privatized the land, the following situations may arise:
- the whole territory belongs to one owner;
- the owner owns only a fraction of the plot;
- The site has several owners at the same time.
There are 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 federal restrictions;
- the plot is reserved for the construction of public facilities.
However, the owner of the non-privatized land may exploit it throughout his life, but at the same time he will not have the right to sell it, that is, to complete a purchase and sale transaction, to give or exchange.
Title Documents
You can participate in the “summer amnesty” program only on condition that the holder has papers confirming the right of ownership. Such documents do not have a statute of limitations; the main thing is that they be drawn up and executed in accordance with the legislation of the Russian Federation. The list of title documents includes:
- certificate confirming that the owner has the right to use the plot for life,
- certificate for the right of unlimited operation,
- evidence of inheritance for life,
- excerpt from the book home,
- documents for the plot, in which all land rights are indicated.
If the owner has in his arsenal all of the above papers, he is granted the right to privatization. However, if the owner does not have such a list, then there is nothing left for him, except for the redemption of the land from the municipal authorities or the state.
Privatization Requirements
Free privatization of a summer cottage is possible if the owner has documents on his hands confirming the rights of life-time exploitation.
Following the requirements of the "summer cottage amnesty", the activity of which was subject to prolongation until 2015, the territories acquired by persons of the Russian Federation until 2001 are privatized free of charge and simplified. In addition, such objects should be attributed to the following types of land use:
- plot for cottage construction;
- for the maintenance of a personal household;
- for housing construction of buildings;
- under gardening.
It is possible to officially register ownership of land plots that meet the above requirements at the Rosreestr branch at the location of the facility. The owner will need to provide any paper to this body confirming the fact of the allocation of territories for use and the cadastral passport of the site.
Privatization for a fee
Those lands that were granted to owners in the period after 2001 do not belong to the “Summer Amnesty” program. This rule applies to the plots of agricultural farming communities provided to legal entities and the lands of industrial zones. Thus, the free privatization process becomes impossible for them. However, the owners of such territories can carry out the re-registration process on a paid basis. Accordingly, they need to obtain permission for privatization, which is provided by public authorities.
How much does privatization cost? The repurchase price of a site from state or municipal property is calculated based on the minimum land tax rate. The latter indicator directly depends on the cadastral price of the object.
The process of re-registration of land
If personal buildings are located on the land plot, the state allows the simultaneous re-registration of territories under the object and the dwelling itself.
Following the legislative documents of the Russian Federation, owners of private buildings receive the exclusive right to privatization. Moreover, if the object on the territory was built before 2001, then the owner is officially allowed to carry out the privatization process for free, since it falls under the project "summer amnesty".
Persons who wish to privatize a site under a private building are required to apply to a government agency with a list of documents. This list includes documents confirming ownership of the building and cadastral passport of the site. If the owner has all the documents and the site falls under the terms of the program, then the government authorities make a positive decision regarding the free re-registration procedure. However, if a negative decision is made and for some reason the owner is not provided with the possibility of free privatization, the relevant documentation for the sale of the site is completed.
Documents for the privatization of a summer cottage
The owner must provide the following list of documents to the local administration:
- A statement from the owner of the site indicating his full name, passport data, TIN, the area of the object and the key purposes of using the territory.
- Building permit (if any).
- Cadastral passport (if available).
- An excerpt from the Unified State Register of Real Estate (Unified State Register of Real Estate) on the registration of property rights.
- A photocopy of the main document of a citizen of the Russian Federation - a passport.
Submission of title documents to the authorized service
After receiving all the necessary documentation, the authorized body issues an officially certified receipt of data to the owner. After this, the application is considered and the subsequent decision is made, which is carried out within a month.
Cadastral registration
To register land for cadastral registration, the owner will first need to remove all sizes of the territory. Moreover, this work is not carried out independently, but through the provision of services by the cadastral center. Accordingly, at a predetermined time, a cadastral engineer arrives at the facility, who measures all the necessary parameters. All costs for such measuring work are borne directly by the owner.
Decision on the provision of land
The official registration of property rights is carried out on the basis of an application from the owner, documents proving his identity, documents of title, a check on payment of state duty. Privatization of a summer cottage takes place within ten business days.
However, such processes can be entrusted to specialized organizations that are capable of professionally conducting 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 demand a certain amount from the client.
Terms of privatization of summer cottages
After submitting an official application, a decision regarding the provision of land ownership is considered within two weeks.
In the absence of a cadastral plan for the site, municipal authorities order to draw it up within a month. Immediately after this, a permit is issued for the privatization of the site. And then it is measured and compiled a cadastral plan. Moreover, the costs of carrying out these works are borne by the owner of the object, and on average the cost is about 20 thousand rubles.
Only after this is the registration of the sale of land or an agreement on gratuitous re-registration. As a result, the privatization of a summer cottage takes from several weeks to six months.
In what situations is privatization considered impossible?
The law on the privatization of land imposes a ban on this process in cases where:
- The territory is reserved by the authorities.
- There is a ban at the state level.
- The plot is a reserve.
- If there are other legislative restrictions.
Privatization is a complex and lengthy process. When will the privatization of summer cottages end? In 2015, the period of the "summer amnesty" was extended to 2018. Those owners of plots received before 2001 are entitled to carry out the procedure.