“Dacha amnesty”: what is it for and who can use it

Until March 31, 2031, Russia is implementing a program to legalize dacha properties from the Soviet period and the first half of the 1990s, which were not registered according to modern rules. Who can count on the “dacha amnesty”, what advantages it gives and how to use it – in the Kommersant information.

What is a “dacha amnesty”

The obligation to register real estate appeared in Russian legislation in 1997. In 2001, after the adoption of the Land Code of the Russian Federation, all dacha properties had to be registered. However, for this, owners of plots and permanent buildings had to go through the same registration procedure as for any other property. To stimulate this process, a “dacha amnesty” began on September 1, 2006. This program has already been extended several times; according to the latest amendments, the deadline for its implementation is set until March 1, 2031.

“Dacha amnesty” is a generalized name for legislative norms that make it possible to register real estate in garden non-profit partnerships (SNT) in a simplified manner. We are talking about objects that were built without permission before May 14, 1998 within the boundaries of populated areas. In addition, the simplified registration process applies to land plots that were transferred to summer residents before October 30, 2001.

Why register a holiday home

Unregistered summer cottages may fall into the category of unauthorized buildings. In this case, the authorities can simply demolish them. Moreover, “illegal” garden real estate is not property from a legal point of view, and therefore it cannot be sold, donated, inherited or rented out. The owners of such property will not be able to receive compensation if the authorities decide to seize them for state needs, but the full owner will receive it. Finally, the same applies to emergencies that can cause damage – floods, fires and other natural disasters.

“Amnesty” allows you to register plots and certain types of buildings with the cadastral register, as well as register ownership of them with only a title document. A permit for construction and commissioning of the facility is not required.

What objects fall under the “dacha amnesty”

Under the “dacha amnesty” you can register the right to:

·plots for individual residential construction (IHC) or a garage, vegetable garden, orchard, summer house or subsidiary plot;

· all permanent buildings, including houses – garden or residential;

·sheds, bathhouses, garages, any other outbuildings;

public buildings in SNT: water towers, gatehouses, etc.

How to register a garden house

To conduct an “amnesty” of an unregistered capital construction project, it is necessary to submit to Rosreestr:

·application for state cadastral registration and registration of rights;

· confirmation of ownership of a land plot, which can be an agreement (if the property was given as a gift, was purchased, exchanged), a certificate of inheritance, a court decision or a regulatory legal act of state or municipal authorities;

· technical plan of the house, which must be prepared by a cadastral engineer based on a declaration certified by the owner of the site.

The construction must meet the requirements established by current legislation. In particular, it must be a separate building with no more than three floors (not counting the basement) and in total no higher than 20 m. The building should not consist of individual apartments or block sections. A building can exceed these parameters only if a permit for its construction was issued before August 4, 2018, and the house meets the requirements of this permit. If the house is just planned for construction, the developer will have to inform the executive authorities about the start and completion of work.

How to register a land plot

To take advantage of the “amnesty” of a land plot, you must submit an application for state registration, a diagram of its location and any document confirming the right to the land to Rosreestr. Suitable for this:

·contract of sale;

· deed of gift;

·Act of transfer of land plot by local government bodies;

·certificate of a government authority on a citizen’s right to a plot;

·extract from the household ledger.

Those who inherited a plot must provide any document from the previous copyright holder that will prove the allocation of land to them. If the right to a land plot is registered in the Unified State Register of Real Estate, the document is not required to be submitted.

How to register common property

The possibility of simplified registration of common property of SNT appeared in 2019. These are a wide variety of buildings – from a water tower to a doghouse, a gatehouse, fences, unfinished buildings. Subject to compliance with building regulations, registration in the standard manner requires a technical plan based on a declaration, which is drawn up and certified by the chairman of the SNT, and a title document for a general purpose land plot. Thanks to the “dacha amnesty”, this can also be done in a simplified mode without preparing a technical plan: a title document and a declaration drawn up by the chairman of the SNT are sufficient. But delays often arise with such objects, since the necessary documentation is often missing. The amnesty covers objects built before 2004.

Where to send documents for the “dacha amnesty”

You can submit documents for cadastral registration and registration of rights by personally contacting the MFC or Rosreestr, at an on-site reception, through Gosuslugi, portals of state information systems for urban planning, as well as through a notary, if he has certified the authenticity of the signature on the application for state registration rights.

The prepared package of documents can be submitted:

· in paper form (during a personal visit to the MFC);

· in electronic form (if you have a certificate of enhanced qualified electronic signature) through your personal account on the official website of Rosreestr.

The fee for the initial registration of property rights is 350 rubles. In all other cases (when the dacha was passed on by inheritance, contract, etc.) the amount of the duty will reach 2 thousand rubles.