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Likbez: dacha amnesty — what it is and how to use it

CrimeaPRESS reports:

Country amnesty, experts remind Domclick, has been in force in Russia since September 1, 2006. During this time, the law was repeatedly extended and changed. In 2022, the next amendments to the procedure for registering suburban real estate came into force.

We tell you how to register the ownership of houses and land plots under a dacha amnesty.

What is a dacha amnesty

According to its legislative environment, dacha amnesty is not a separate law. It is a set of changes to individual legislative acts for simplified registration of property.

The dacha amnesty allows citizens to register certain types of real estate in a simplified manner, that is, without receiving notifications of the start / completion of construction, permission to commission and other procedures.

The need to adopt such a law was due to the fact that earlier the legal status of village houses and land plots was often not determined. In Soviet times, there was no private ownership of land, and plots were provided on the basis of the right of lifetime inheritable possession or permanent (unlimited) use. Houses built on them, respectively, were also not registered.

As a result, such real estate turned out to be “suspended in the air”, that is, it physically exists, but from a legal point of view, it does not belong to anyone. This means that it cannot be sold, donated, bequeathed or used as collateral.

The dacha amnesty program not only simplifies life for Russians, but also allows the state to increase tax collection by involving new residential real estate in civil circulation.

What objects are covered by the dacha amnesty

  • garden or residential houses built on plots for gardening, for individual housing construction, for running personal subsidiary plots within the boundaries of settlements or on plots of peasant farms;
  • land plots provided to citizens for personal needs (gardening, country or household plots, etc.) until 01/30/2001;
  • garages, cellars, sheds, greenhouses, sheds and other outbuildings.

Features of registration of rights to a residential / garden house under a dacha amnesty

As a general rule, the construction and registration of private houses is carried out in a notification manner. This means that before the start of construction, it is necessary to receive a notice of the start of construction, which proves the admissibility of placing an object on this particular site, and after its completion, a notice of completion of construction with the provision of a technical plan of the constructed house.

Under the dacha amnesty, cadastral registration and registration of property rights are carried out only on the basis of a technical plan. Documents for land are provided only if the ownership of the land is not registered in the USRN.

However, the object must meet certain criteria: the building must not be higher than 20 meters, have no more than three floors above ground, and not consist of apartments or block sections. At the same time, if the area of ​​​​the house exceeds 500 square meters, it will need to develop and agree on project documentation and conduct its examination.

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Rosreestr also checks the compliance of the property with other restrictions, for example, building conditions in areas with special conditions for the use of territories (ZOUIT). If violations are found, the building may be recognized as unauthorized, and it will have to be demolished.

The dacha amnesty is valid for a limited period of time, and after its expiration, real estate built without notification of the start of construction can be recognized as unauthorized construction and demolished by court order. In addition, without registered rights, property will not be able to be sold, donated, inherited or insured.

How long is the program

The dacha amnesty has been in force in Russia since 2006 and has been extended more than once. The last time this was done was in July 2022, when it was extended until March 1, 2031.

How to register property in a simplified manner

To register the rights to a residential building and a land plot under it, a citizen must submit an application to the local government and attach documents confirming the fact of ownership of real estate. Their list depends on the object for which the property right is registered. It could be:

  • an agreement on the provision of a plot or an act on the allocation of land;
  • an agreement on connecting the house to the networks of engineering and technical support;
  • an agreement or payments for the payment of utility services;
  • technical inventory documents (a technical plan can be ordered from a cadastral engineer);
  • extract from the household book.

You can submit documents to Rosreestr yourself in any convenient way: in paper form — by mail, personally by contacting the rights registration authority, at the MFC, or sent electronically through your personal account on the Rosreestr website (a certificate of enhanced qualified electronic signature is required).

The amount of the state duty for registration of property rights is 350 rubles.

The heirs of previous owners can also use the simplified mechanism. To do this, the heir must provide, among other documents, a certificate of inheritance, confirming that he inherited the property of the former owner of the house.

In addition, the law resolves the issue of registering the rights of heirs to unbuilt land plots provided to previous land users on the basis of the right of permanent (unlimited) use. This right is not inherited. According to the law, the right of ownership is recognized as the right of perpetual use and life-long inherited possession of land belonging to citizens. Moreover, regardless of the type of permitted use and intended purpose of the land. However, this applies only to plots provided to citizens before October 30, 2001, when the Land Code of the Russian Federation came into force.

source: Domclick

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