Country amnesty: how to arrange a house in gardening. Procedure, necessary documents, deadlines for submission and review

What is a country amnesty? Where to get a country house? These issues are very relevant today.

Over the past years, thanks to a summer amnesty using a simplified scheme, more than 10.5 million rights have been registered. Further, the bill was extended until 2020.

The concept

The concept of "country amnesty" has been heard in our country since 2006. It was then that it was allowed to all owners of land and buildings that are not registered with the Rosreestr to legitimize their rights with minimal time and money. This need arose due to the presence of a huge number of objects that are not registered, but the right to own them was issued earlier according to past standards.

Country amnesty is a lightweight registration option that allows you to acquire ownership of the object of interest in the territory of the Russian Federation.

The original version of the document

This option included the following actions:

• registration in a simplified mode of plots for cottages, for horticultural work, for truck farming and for the purpose of conducting personal subsidiary plots;
• the possibility of building residential buildings and houses on these sites.

The program implied a completion date of March 1, 2018. But since this bill was very popular among the population, it was decided to extend it.

Changes that occurred last year (2017)

Country amnesty extended. How to arrange a house - this issue remains relevant.

The bill was repeatedly amended by making additions. Some parts of it have lost force or have changed. For example, from January 1, 2017, Federal Law No. 218 “On State Registration of Real Estate” of July 13, 2015 entered into force. According to new changes, requirements appeared in it:

• during state registration it was necessary to simultaneously register the object in the cadastre;
• registration of residential buildings has become possible on the basis of a technical plan (there must be a building permit), as well as in the presence of a land title document.

A little added complexity in the design of summer houses and houses. A technical plan from the cadastral engineer was added to the list of required documents. Such a plan is drawn up according to the declaration, which must be made by the owner of the property. However, the need for permits for construction is excluded. Until 2017, registration was carried out on only one declaration.

Changes in the law after 01.03.2018

The new law provides new possibilities for extending the terms of a summer residence amnesty. How to arrange a house in gardening and how long?

• For those who were endowed with a plot as part of a summer residence, gardening partnership, the amnesty was extended until 12/31/2020.
• For those who received the land a long time ago, until 10/30/2001, the time limits were generally lifted.

Among the significant changes are the following:

• Permission to commission is excluded;
• the maximum cost of cadastral agency services can be set at the regional level;
• The main document for registration is the technical plan and property documents.

Why is it needed?

The need for building design is due to a number of factors.

• In order not to be recognized as self-building and not demolished by law.
• To eliminate land disputes and disagreements with neighbors.
• Receiving compensation from third parties in the event of damage or demolition for municipal needs.
• Solving problems with the connection of gas, electricity and communications.
• For the possibility of transactions of sale.

Conditions and features

In Soviet times, land was given to citizens, employees of organizations and institutions. In those days, registration of land ownership was not required, but with the advent of market relations, the procedure became an indispensable element.

Consider the main features of the implementation of the procedure, we will answer the question about how country dwelling amnesty how to design a house IZHS.

• Attraction of land surveying specialists at the initial stage in order to determine the boundaries of the object and draw up its plan.
• Proof of ownership is required.
• Neighboring neighbors to collect signatures of consent to the process of land surveying is also required.
• The prepared documents along with the application form are submitted to the administration.
• The administration has been given two weeks to consider the matter.
• After a positive answer, it becomes necessary to contact the Rosnedvizhimost to the authorities to draw up a cadastral plan within 10 days.
• Contacting the Rosreestr to obtain ownership within 1 month.

Who can use it?

To issue a built house on a summer residence amnesty, they can use this right:

• Citizens of the Russian Federation with an allotment in property.
• Owners of a site that belongs to a horticultural partnership (cooperative). For example, if you have only a membership book. If there are no documents other than this book, then you can write a statement to the administration and register the rights in this way.
• A citizen of the Russian Federation if he has a document with the right to a land plot, but the ownership is not indicated in the document.

Which houses are suitable?

When considering the issue of how to issue a residential building under a summer residence amnesty, it is necessary to indicate the main categories of buildings:

• houses that are located on a plot for individual housing construction;
• the house, which is located on plots intended for the implementation of private household plots;
• horticultural buildings in the country;
• garage, gazebo, utility unit, barn, etc.

The main requirement is that buildings be placed on plots with a specific (clear) target value.

Cost of services

It was allowed at the regional level to set the maximum cost of cadastral work in relation to land plots. So, in the Moscow region prices were set at 450 rubles per 100 square meters. m, but in total no more than 7000 rubles.

On the territory of the Leningrad Region, when calculating the cost, the following factors are taken into account (by the decree of the regional government No. 197 of August 3, 2007):

• base for calculating the price (for a plot of 5 acres);
• the district coefficient is higher, the closer to the city;
• deflator coefficient for a year.

Procedure

We will consider the issues of summer amnesty and how to arrange a house in gardening in the form of a sequence of actions.

1st stage: preliminary documents should be prepared:

• building permit;
• proof of ownership;
• technical plan.

If the site was allocated even before 10/30/2001, then among the documents only a document with confirmation of ownership is required.

Other title documents may also include:

• a document for a site in which specific persons are not indicated;
• acts (certificate), which indicate perpetual rights of use (possession), which is inherited for life;
• a perpetual use right issued by the public service;
• extract from the business book.

2nd stage: the state duty is paid (at least 350 rubles), the amount depends on the region.

Stage 3: a package of documents, a state duty receipt and an application for registration are submitted to the Federal Registration Service.

Terms of service are limited:

• 10 working days when applying to the regal chamber;
• 12 working days if all documents are submitted through the MFC.

The process of surveying: is it necessary?

In response to the question of how to register a house in SNT under a summer residence amnesty, an important moment is the process of land surveying.

If the owner has documents of ownership, the land itself can be registered. First, find out whether it is necessary to conduct land surveying to indicate the exact boundaries of the site. The law had previously had such a duty, but since 2007 it has been canceled.

However, if the owner is not going to conduct a land survey, then it should be noted that his cadastral passport will contain a wording stating that the boundaries of the site are subject to clarification and are indicative. But since the cadastral passport is a very important document for the buyer, such a statement of the question will not always be positive for the potential client during the sale. Also in a situation of any litigation, the allotment area will be very difficult to prove. Therefore, the process of surveying is still desirable for paperwork.

Land surveying procedure

To register a house in SNT according to a summer residence amnesty, it is necessary to carry out the process of land surveying according to a certain algorithm.

• Get the consent of neighbors to determine the boundaries of the land allotment. But this procedure is not always possible to implement, so the alternative is to send a request to the cadastral service for receiving the mail details of the neighbors in the site. After that, the cadastral engineer sends notifications of the land surveying procedure to the clarified addresses indicating the exact date. The letter is sent no earlier than 1 month before the appointed date. If the neighbors do not give any reaction to the letter, then the establishment of boundaries can be carried out in their absence. In case of returning the letter back to the cadastral chamber with a note about the absence of the addressee, an announcement about the upcoming procedure is placed in the media.
• On the appointed date, the cadastral engineer carries out a land surveying procedure.

Step-by-step registration instruction

Step-by-step instructions on the issue of summer amnesty and how to arrange a house in gardening are presented below.

• Collection of documents: owner’s passport, declaration, title deed, cadastral plan, cadastral passport, state duty receipt, personally written statement. A technical passport is not required if the land information is in the register, if the land is in SNT.
• A decision is made within 30 days about whether registration is allowed or not. A refusal is possible in a situation of indicating inaccurate information, if the land area does not match (actual and cadastral data), information does not correspond to the allotment boundaries.

What is a declaration?

When considering the issue of what a summer amnesty is and how to design a house for individual housing construction, it is necessary to say about the declaration.

A declaration means a document that is legally strong and speaks of the fact of the presence of the property on the territory of the land allotment.

The declaration is the reason for the registration of ownership, it can be filled in personally by the applicant. The main point is an indication of all the details and data, and there must also be a personal signature of the owner.

In general, this document is a standard sample that can be found on the Internet. Two copies are required.

To arrange a house in the country according to a summer residence amnesty, the following data may be indicated in the document:

• location of the house;
• name of the house (residential, country);
• type of property;
• number of storeys of the building, including underground floors;
• year of construction;
• area of ​​construction;
• characteristics of building materials from which the structure was erected;
• characteristics of connected communications;
• cadastral number of the allotment;
• owner data.

What does the amnesty procedure look like for participants in a horticultural partnership?

Often there are options when the owner of the allotment has only a membership book. In this case, in order to draw up documents for a house under a summer residence amnesty, it is necessary to go through the following steps:

• you need to take a certificate confirming ownership of the SNT board;
• application is submitted;
• a description of the location and parameters of the site is made by hand.

Such documents are reviewed within 14 business days. After this period, documents can be submitted for state registration to Rosreestr.

Inheritance Procedure

To apply for a house under a summer residence amnesty in the inheritance procedure, you can use two methods:

• legal: in the case of an heir contacting a notary public;
• actual: in the process of using property.

According to general rules, inheritance is possible within 6 months from the moment of its opening. After the expiration of this formal period, it is possible to register real estate in a simplified procedure under the terms of the amnesty.

Procedure for obtaining address and registration

When answering a question about a summer amnesty, how to arrange a house in a village, it is also worth considering the procedure for obtaining an address and a residence permit. The address may be assigned by the municipal authorities. The procedure is as follows:

• fill out a statement;
• present a document to the site;
• present a document of ownership of the house in this area.

A month later, the applicant receives a decision to provide him with an address. After this procedure, a cadastral passport for housing is issued.

In the case of a country house

When considering the issue of how to arrange a country house under a summer residence amnesty, a situation of the necessity of turning a country house into a place of permanent residence is possible. If the house has the status of a country house, then you can not register in it. It is necessary to translate it into residential status. In order for a house to be considered residential, the following requirements must be met:

• the house should have a fixed area;
• cadastral number is required;
• an exact address is required;
• fitness for life in it.

The concept of suitability is important, because how to draw up documents for a house under a summer residence amnesty without this condition will not work. What are the criteria? The house must be insulated, that is, the presence of walls is mandatory. The house must comply with sanitary standards, technical standards.

The main signs of classifying a building as residential:

• the presence of fencing structures (walls, racks, heaters, frame) with signs of reliability;
• the house should not be in danger;
• the availability of communications and the ability to install them;
• the presence of sewage and sanitation;
• protection against groundwater and rainwater;
• sounds and vibrations, pressure should be within normal limits;
• air must not contain harmful substances (or within acceptable limits).

The most important factor by which a house cannot be classified as residential is the fact of the presence of harmful living conditions for a person in it.

Possible obstacles

When considering how to arrange a garden house under a summer residence amnesty, certain obstacles can be identified.

• If it is impossible to prove the ownership of the building, difficulties may arise.
• The process of recognizing homes as residential can be long-term. Sometimes its decision is possible only in court.
• Some data from cadastral documents may not meet the requirements.

And if the house on the lands of private household plots?

There are certain nuances when considering the issue of what a summer amnesty is and how to arrange a house for private partnership.

A personal part-time farm is a form of conducting activities not related to entrepreneurship in the production and processing of agricultural products.

Law 112-FZ permits the use of land allotment in the village as a personal plot and outside the borders (field plot). On the land, you can not only carry out work on the cultivation of agricultural products, but also erect buildings and structures.

Features of the amnesty procedure:

• a building permit is required;
• do not need permission to put into operation built for land plots for private property residential buildings for cadastral registration.

Pros and cons: there is always

The main advantages of country amnesty are as follows:

• the duration and cost of procedures, land surveying and registration of property, as well as during registration in the cadastre are reduced;
• the possibility of legitimizing buildings that were built independently, even those that have violations;
• ability to manage real estate under an amnesty;
• you can mortgage an object (for a mortgage, for example);
• the ability to register, get an address;
• protection of interests of property of owners;
• conclusion of contracts with services.

The disadvantages are as follows:

• it is necessary to pay property tax after the registration of property (land);
• controversial issues along borders between neighbors.

Conclusion

How to arrange a house in gardening for a summer residence amnesty raises a lot of questions, the procedure is still relevant for many summer residents.

Using the simplified procedure, a fairly large number of people registered their rights to the land and buildings on it officially. For those who have not yet decided to start the above procedures, the state provided an extension until December 31, 2020.Moreover, the registration of land for members of gardening, horticultural partnerships is free.