LawState and Law

How to privatize a dacha: step-by-step instructions, documents and recommendations

For many citizens of our country, the land plot is a favorite place where you can spend your time with pleasure. Therefore, people are interested in how to privatize a dacha. It is necessary to go through a simple procedure to become a full owner of your property. After that, you can conduct various transactions with him.

Benefits

Thanks to privatization it is possible to sell, give to exchange a summer residence, and also bequeath into the inheritance. Thanks to the registration in the property owners are protected from fraud. The non-privatized lot does not have such advantages. Privatization guarantees the safety of land and buildings.

Although the procedure is quite troublesome, but it's worth it. Without the cadastral registration, the land will not be sold. You can not buy a dacha only with the renewal of the membership card to the new owner. The book is a document, but not the main one.

It will not be possible to sell the plot if its owner in the register is the former owner. This is a rather complex issue, requiring a decision to establish the right to property through the court. The sale of the privatized dacha is carried out with the help of a notary and does not cause complications. If the ownership was granted before 2006, the old certificate for the new sample should first be replaced.

Norms of law

Under the law of the Russian Federation, the privatization of a summer cottage can be done by every participant in a summer residence. But you need to take into account that the very fact of participation in such an association of rights to possession does not provide. It is necessary to pass the state registration so that the property is taken over.

Is it possible to privatize the dacha if it has not been in possession for a long time? Specialists recommend starting this procedure as early as possible. This will not lose its real estate and land. But if a long period of not registering a property, fraudsters can use it.

Do I need to privatize the dacha? If the unformed land is not used by the owner for 3 years, the municipality can return it. Therefore, we need to figure out how to privatize the dacha.

Changes

According to the amendments to the legislation (March 2015), the procedure for land privatization began to be carried out in a simplified form. This is convenient for public authorities and future owners. The procedure is carried out in accordance with the "dacha amnesty".

Now it is not necessary to conduct land surveying, although this was previously mandatory. Therefore, if the property is not yet registered, it is necessary to register it by law.

Who has the right?

All individuals who do not own property are entitled to privatization of real estate. Registration of municipal property can be legal entities, whose assets are less than 25%.

Almost every immovable object can be registered in the property. But this can not be done with emergency shelter, dormitory, office space, other property specified in the legislation.

Appeal

Where are the privatized dachas? This is the responsibility of the district administration. A message is sent to the self-government body, if there is no information from the cadastral passport. In such an appeal, you need to make a plan with the necessary information.

During registration you will have to face:

  1. Federal Registration Service.
  2. Bureau of inventory.
  3. Tax Inspection.
  4. The Land Committee.
  5. Geodesic service.

How much does it cost to privatize the dacha? Usually the procedure costs about 8 thousand rubles, including the amount includes payment of state duties, processing of documentation.

Stages

How to privatize a dacha? To the procedure was free, you need to join a summer cottage cooperative. Usually for this you need to buy a plot for the construction of the villa. Then you need to take possession and management of property. The owner becomes a member of the cooperative automatically. This is confirmed by the membership book.

After this, it is necessary to draw up the boundaries of the land. This document is certified by the head of the board of the community. It contains:

  • Borders;
  • Description of the object;
  • Cadastral numbers of adjacent sites.

How to privatize a dacha to do everything to the end? It is important to make a statement. To do this, contact the Department of Land and Property Relations. They will be provided with an application form, which must be filled out.

Documentation

To privatize a house in the country or the site itself, the following documents are needed:

  • Description of the boundaries of the site;
  • property rights;
  • Confirmation of the location of the site in the state territory;
  • Check on payment of state duty.

The decision to transfer the property to the property is made 2 weeks after the application is submitted.

The following actions

After this, you need to apply to Rosreestr to put the property on the register. To make a plan of the earth, you need to invite an engineer. After the procedure is completed, a cadastral passport is provided.

If you had to apply for registration rights until 2006, and in support of this there is a document, then you do not need to contact the local authorities again. The old document automatically becomes effective without the participation of the owner.

When asked whether the dacha should be privatized, it is possible to answer unequivocally-yes. After receiving the necessary documents for the property, the owner becomes a full owner of the real estate and land. He has the right to dispose of his own discretion. Real estate can be donated, sold, transferred as inheritance.

Decoration of country house

How to privatize a dacha if the owner is the owner of the land? Check out the house is even easier compared to the site. Since there is a summer amnesty, it is not necessary to make a permit for exploitation and a technical passport.

You can register:

  • house;
  • Bath;
  • garage.

Canopies and sheds can not be issued, since they belong to temporary buildings. To register the country houses, a certificate for the plot, a declaration, is required. The last document has an established form, which must be filled.

The declaration states:

  • Type of construction;
  • address;
  • area;
  • Information about the site;
  • Number of storeys;
  • Materials;
  • communications.

How to apply for a privatized dacha? The completed declaration must be attributed to Rosreestr or MFC. You have to pay a state duty, write a statement. After 10 days, the certificate can be obtained.

If there are no documents

If there are no necessary documents for the site, more time is needed for registration. Then you need to contact the administration where the dacha is. You need to provide:

  • A house purchase;
  • Description of borders;
  • Statement on the approval of borders.

The application is considered a month. If the decision is positive, the project of the site boundaries is provided. With this document you need to apply to the same authority to write an application for buying a villa in the property. In the end, you need to apply to the Rosregistration for registering a cadastre passport and collecting documents.

The process will last 1 month. After this, the applicant is issued with the documents confirming the receipt of ownership of the site. Then the applicant will own it.

Sale of cottage

After registration of the property on a site the owner can dispose of it at own discretion. He can carry out various real estate transactions. This applies to suburban possessions - manors, gardens, orchards. All this can be donated, made into an inheritance, sold.

If the dacha was owned more than 3 years, then the transactions are not subject to income tax. Regarding the owners who owned the plot for less than 3 years, the sales tax will be equal to 13%. For foreigners, the amount will be 30%.

The tax is paid by the seller, the buyer does not need to pay it. If the dacha is registered on a gift, then the tax is paid by the new owner. To avoid overpayments, the contract should indicate the cost of the dacha. Then in the future there will be no need to evaluate it at the cadastral value.

You do not need to visit the tax office to pay income tax. If the seller has not been timely filed a declaration, then a fine of 5% of the amount will be assigned. In some registers, pensioners are granted tax benefits. If there is no such advantage, then it will be necessary to contribute funds on a general basis. A tax deduction is granted after the recognition of the dacha as a residential building.

Rental

Registration of the transaction is similar to the rental of apartments. The difference is that there may be additional conditions for maintenance and maintenance. First it is desirable to insure your property from various factors. This will protect against various troubles.

It is necessary to conclude an official lease agreement specifying there the obligations of the parties, the cost, the lease period and other conditions. It is necessary to carry out inventory of property and attach it to the contract. It records the current state of the property.

Before renting it is necessary to carry out repairs and troubleshooting. Improvements will increase the interest of tenants. To search for tenants, you can use the Internet, printed publications, real estate agencies. It is necessary to take at least a partial advance payment.

Recommendations

Most of the documents have a limited period of validity, and in fact not everyone has time to collect the necessary papers in a short period. Because of this, you can lose time, and then you will have to perform the procedure anew. It is important to schedule the schedule in time to do everything.

The period of privatization is from 2 to 12 months. If you do not have time to do everything, you have to spend everything again. To successfully pass the privatization, one can turn to professional lawyers who will consult and carry out the examination, gather the necessary documents. Then you do not have to go to various institutions on your own, stand in lines.

The dacha will not be property if it is only reissued from the chairman of the society. If the funds are paid, but the property is not registered in Rosreestr, then you should find a former owner, demanding from him a power of attorney for registration. Observing simple rules, you can quickly and competently draw up a property.

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