Is it worth privatizing a summer cottage?

What is land privatization?

Many people understand privatization as the process of free transfer of any property to private owners. But today the main law that forms the concept of privatization is the Federal Law “On the privatization of state and municipal property” dated December 21, 2001 No. 178. Article 1 of this law defines it as the alienation into private ownership of property owned by the state, its subjects or municipalities.

Moreover, such alienation is compensated, i.e. paid. In relation to land, this issue is regulated by the provisions of the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation, code). Previously, it also contained articles providing for the paid transfer of state lands (Article 28). However, their effect has now been cancelled. Today, in some cases, the state provides the opportunity to obtain such property completely free of charge. Article 39.5 of the Land Code of the Russian Federation lists cases when land can be obtained free of charge.

How to privatize a dacha and land in SNT?

There are special privatization rules for the owner of a summer cottage in SNT, which every citizen must comply with. To begin with, it should be noted that the procedure consists of several stages and begins directly with the submission of an application to the land committee. You can send an appeal through a special organization - the MFC, or you can submit it directly during a personal visit. The appeal must be made in writing and must contain the following information:

• Applicant details;
• Citizen's passport details;
• TIN;
• Characteristics of the territory that will participate in privatization.

To obtain the desired certificate of ownership of the plot, you will need to visit several authorities and submit certain documents to them. We are talking about the following institutions and services:

• Municipality;
• Cadastral Chamber;
• Rosreestr.

Algorithm of actions for the privatization of land and dachas

It is important to note that for each authority it will be necessary to prepare a complete package of documents. Often, an applicant for a garden plot only has a membership card or garden book, which does not give any legal right to dispose of the land. In this regard, you will need to contact the local government and submit an application, together with additional documents, to receive a document certifying the allocation of land in the SNT for private use.

An equally important point is to contact the cadastral chamber. Specialists from this department will be able to carry out all the necessary measurements of the site on which the house was built. All received data will be entered into the technical passport of the object.

A necessary procedure is land surveying. This is a very complex and responsible process, without the results of which the land cannot be registered in the cadastral register.

After all the required actions have been completed, you can submit an application to Rosreestr and register the territory, followed by providing a certificate of ownership of the site. The described algorithm of actions is suitable if there is no SNT, and the citizen himself is involved in privatization.

In the event of privatization of all plots in a gardening partnership at the same time, a general application is submitted, but with the signatures of all participants. This requires a lot of time, however, citizens receive all final documents much faster.

Why is land privatization necessary?

In the process of privatization, land plots become the property of certain individuals. Only owners have the ability to use, own and dispose of their property. If, in fact, the land belongs to another subject, then he has the right to dispose of it at his own discretion. For persons who have not registered their rights, this situation poses a certain risk. In addition, it should be borne in mind that the opportunity to receive land for free is not in all cases unlimited . For persons who own dacha and garden plots, deadlines for privatization are established. However, every year the state extends these deadlines.

Today, free privatization of dacha and garden lands is possible until the end of 2021.

How to privatize a country house

But when registering land, the question often arises: “Is it necessary to privatize the dacha that stands on it?” And is it necessary to privatize the buildings that will be erected? And if it is necessary, then how to do it? Our article will answer these questions.

Should it be privatized?

• Its transfer as a gift, by inheritance;
• When transferring part of the property;
• For its legal registration as an object of property;
• In order to register there as a permanent place of registration;
• To participate in various cooperatives.

The first thing that needs to be done is to describe the boundaries of the privatized dacha property by drawing up a plot diagram, which marks the location of the garden house and land in relation to neighboring plots. The approximate dimensions and address of the privatized plot are indicated. The description is signed by the chairman of the cooperative or partnership.

In what cases is free privatization of land possible?

Unfortunately, not everyone and not always can receive a plot of land free of charge. The legislation introduces certain restrictions in this regard. The list of persons eligible for free land issuance is established in Art. 39.5 of the Land Code of the Russian Federation. Moreover, this opportunity is available not only to citizens, but also to some legal non-profit entities.

According to this provision, privatization of land plots to citizens is permitted:

• citizens who have taken gratuitous use of a plot for individual housing construction, personal or farming for a period of up to six years, after five of the specified six years have passed;
• citizens living and working in a given municipality in certain professions, who received land for individual construction, running a personal (subsidiary) farm for a period of up to six years, after five of the specified six years have passed;
• citizens classified as having many children (three or more children);
• in other cases established by federal and regional laws.

It should be borne in mind that for citizens with many children, the possibility of obtaining land may be made dependent on the availability of status (the possibility of obtaining it) of those in need of improving their living conditions.

In addition to the above cases, owners of country and garden land can also become the owner of a plot free of charge. However, for these persons the possibility of changing the status of the land is limited in time.

Principles

Privatization can be carried out by any citizen who does not own housing. If he was provided with living quarters in a dormitory, he does not have the right to register such property as his own.

This is important to know: Will for a share in a privatized apartment

Important! An organization also has the right to privatize property. It is necessary that its assets be less than 1/4.

Almost every person is endowed with the corresponding right, but it does not apply to all types of property. In particular, the transfer of ownership cannot be carried out in relation to:

• housing that belongs to the emergency fund;
• living space located in the dormitory;
• housing for official purposes;
• other property, which is designated in regulations at the local level.

Who carries out the privatization of land plots?

According to the provisions of the Land Code of the Russian Federation, the transfer of land from the ownership of the state or municipalities is possible only by decision of the bodies vested with such powers. Which body is competent to consider issues of gratuitous issuance of land depends on who owns it. You can clarify this information in the existing documents on the allocation of plots or in the cadastral authority (when registering plots).

If the question is raised about the privatization of a land plot owned by a municipality, then you should contact the local Administration. When it comes to federal property, this issue is under the jurisdiction of the territorial departments of the Federal Property Management Agency.

Privatization of country houses - process, timing and cost

• year of construction;
• Object name;
• the address where the building is located;
• its area;
• cadastral number of the land plot;
• number of storeys of the building;
• the material used to build the walls;
• is the facility connected to utility networks;
• information about the owner;

How to privatize a country house?

1. Certificate or conclusion from the chairman of the gardening association.
2. Allotment diagram issued by the chairman of the ST.
3. The decision of the municipal body to allocate a plot of land for ownership.
4. Declaration for the constructed object.
5. Cadastral passport.

• local government authorities do not give permission due to the planned construction of any facility or the intended use of land for infrastructure development (laying a highway, power lines, setting up a park, etc.);
• According to the applicant, the procedure was refused without legal grounds.

If the land is already in the legal possession of the summer resident, in order to register the house as his own, he will have to register it in the cadastral register and apply to Rosreestr with an application to enter information about the copyright holder.

Grounds for going to court

The basis for participation in privatization under a simplified scheme is membership in a dacha partnership, registered before October 31, 2021. This fact is confirmed by an entry in the minutes of the general meeting at which the new summer resident was accepted into the cooperative. An extract from this protocol must be requested from the board. The secretary will prepare a certificate indicating the personal data of the gardener, plot number, and date of entry into the society. The extract will acquire legal force after it is signed by the chairman of the cooperative and certified with a seal.

But you shouldn’t think that privatizing a dacha is an absolutely useless exercise. Carrying out this procedure significantly simplifies a large number of legal transactions, and also creates more opportunities for the disposal of property. It is useful to privatize a dacha when:

What documents are required for privatization of land plots?

Having decided on the body to which you need to contact, you should prepare the required package of documents.
Depending on the existing basis for the privatization of land plots, this list may be different. Therefore, it is recommended to clarify in advance with the relevant authorities exactly what documents they need to provide. In general, you can make the following list of required papers:

• the application itself for the transfer of land ownership;
• identification documents;
• documents confirming the legality of the rights to use the site;
• cadastral passport or extract from the Unified State Register for the site (if available).

If the site was transferred for use to a person working in a certain specialty, then you must also provide a document about your place of work. Families with three children most often need to confirm their need to improve their living conditions. If the application is not submitted personally by the applicant, then you must present a power of attorney (other) document certifying the authority of the person representing him. In a situation where the site has not yet been formed or clarification (definition) of its boundaries is required, you must first submit an application for approval of the provision of the site.

Is it possible to privatize a dacha in SNT?

The right to privatize a dacha in SNT is given to all citizens who do not own other property. Even if the applicant owns part of the territory or other property, he will not be able to use this right.

According to the law, almost every second citizen can register the privatization of a dacha in SNT, however, the difficulty lies in the fact that not every object can have ownership rights established. To find out what pitfalls a citizen may encounter, one should study in detail the procedure for holding the event and answer the question - why privatize a dacha plot in SNT.

This is important to know: Dividing a personal account in a privatized apartment

Procedure for privatization of land plots

The actual procedure for obtaining used land through free transfer is not that complicated:

• To begin with, it is worth determining whether a specific person, in accordance with the norms of the Land Code of the Russian Federation, has the right to free transfer of land.
• Next, you need to prepare the documentation and submit it to the appropriate authorized body. After sending (handing over) the documents, the applicant is given a confirmation (receipt) of their acceptance.
• Consideration of an accepted application should not exceed thirty days. If the applicant's request is granted, a decision is issued authorizing the privatization of the land plot.
• After receiving it, the applicant must contact Rosreestr to legally secure their rights.

Conclusion. Free privatization of land plots is currently possible only in cases specified by law. Persons falling under the conditions established by law can only collect the necessary documents and submit their application for the allocation of land. However, owners of country and garden plots should hurry up. After all, deadlines have been set for them to exercise this right.

The video will tell you the procedure for privatization of land plots

Is it necessary to privatize a country house on privatized land in SNT

To find out whether it is necessary to privatize a country house on privatized land in SNT, it is worth understanding the intricacies of using such territories, as well as what rights are assigned to the owner of the country house and the house initially. Today there are several ways to become the owner of land or a summer house. On the one hand, these are standard legal schemes - purchase and sale, donation, inheritance, and on the other - the privatization of a summer cottage in SNT. It should immediately be noted that the procedure has an undoubted advantage: it is free of charge. This right is enshrined in Federal Law 93, which has been in force since 2006.