Is it possible to register a dacha plot as a property? How to register a dacha or summer cottage

Features of inheritance of a summer cottage depend on the moment of registration of the necessary documents.

Registration of a dacha as an inheritance by its owner

Each owner of a dacha property has the legal right to bequeath his property to his heirs. To take advantage of this legal option, you must make a will. There is nothing particularly complicated about this procedure. The testator must contact the notary's office with a passport and the following documents to the dacha (they can be obtained from the BTI):

• land cadastral plan;
• extract from cadastral documents;
• certificate of ownership;
• calculating the cadastral value separately for the land plot and buildings.

The notary draws up a will. It reflects the will of the testator regarding the list of heirs and the shares due to each of them.

The owner of real estate has the right to make as many wills as he sees fit. The provisions of the document drawn up most recently will be considered valid.

Entry into the right of inheritance of a dacha

This legal procedure begins with the acceptance of the inheritance. The principle of action does not depend on the basis on which inheritance occurs - by will or law.

First, you should seek the services of a notary at the location of the property. He will request the following documents to inherit the dacha:

• passport;
• death certificate of the owner of the plot and a document from his last place of residence;
• documents on relationship with the testator or a will (if any);
• documents confirming the ownership of the dacha.

Additionally, an application for acceptance of the inheritance is drawn up. Based on it, the notary opens an inheritance case. There are then two options:

1. There is a will. The notary reads out the last will of the testator. The property passes to the persons specified in the will. All controversial issues are resolved in court.
2. There is no will. The dacha is divided among all legal heirs in equal shares. Entry into the inheritance is possible only six months after its opening.

All new dacha owners receive certificates of inheritance.

Registration of a dacha received as an inheritance

Once the inheritance certificate has been received, you can begin to formalize the inheritance for the dacha. This is handled by the local department Department of the Federal Service for State Registration, Cartography and Cadastre(UFSGR).

You must submit to this body:

• statement;
• passport;
• certificate of inheritance;
• title documents.

In addition, in order to obtain a certificate of registration of rights, you will have to pay a state fee.

Duties and taxes when inheriting a dacha

Until 2006, all heirs to property had to pay inheritance tax. Federal Law No. 78-Z made significant changes to inheritance law and abolished this tax, as well as many similar penalties.

Article 217 Tax Code it is clearly stated that There is no need to pay taxes on property transferred by inheritance. This norm is the same for all heirs, regardless of the degree of relationship and other circumstances. That is, there is no object of taxation when inheriting a dacha.

However, if the heir, within 3 years from the date of death of the testator, wants to sell the property transferred to his possession to a third party, he will be required to pay 13% of the sale price.

For completing a legal procedure and obtaining a certificate of registration of the right to a dacha the heir is obliged to pay the state fee. Its size depends on the degree of relationship with the testator. In 2017, the federal duty is calculated as follows:

1. 0.3% of the value of inherited property, but not more than 100 thousand rubles - for relatives of the closest degree of kinship:
   • children;
   • spouses;
   • parents;
   • brothers and sisters.
2. 0.6% of the transaction amount, but not more than one million rubles - for persons not classified in the first group.

Persons who are exempt from paying state duty:

• WWII participants;
• Knights of the Order of Glory;
• heroes of the USSR and Russia.

In addition, persons who live in a country house and continue to live there after the death of the testator have the right not to pay the notary fee.

Registration of a non-privatized dacha as an inheritance

There are often situations when the owner of a dacha property does not formalize his rights to it in a timely manner. In this case, the heirs must act in the following sequence:

1. Obtain the corresponding extract from the Unified State Register of Real Estate Rights (USRE) office.
2. Request a registration certificate for your dacha from the BTI.
3. Perform an independent assessment of the structure. This can be done by expert companies or BTI employees.
4. File a lawsuit to recognize the right to property.
5. If a positive verdict is made, registration of ownership will be carried out on the basis court decision.
6. If non-privatized country cottage area refers to gardening partnership, the heir should contact the board of this association with a request to join its ranks. If this issue is resolved in a positive way, the property could be privatized through a dacha amnesty.

A simplified way to design a dacha

By decision of the authorities, the notorious Law “On Dacha Amnesty” was extended until 2018. Its norms make it possible, in a short time and in a more simplified manner, to register ownership of dacha plots that:

• intended solely for personal farming, gardening or horticulture;
• were received by the owner before 2001.

If the plot meets these requirements, but there is no cadastral passport for it, you can simply submit a declaration to Rosreestr with detailed description property. Based on it, the buildings located on the site will be registered.

All issues related to the inheritance of a dacha are dealt with by the notary and registration authorities real estate(BTI, UFSGR, Unified State Register). The main thing for testators and heirs is to collect and prepare everything necessary documents and do not hesitate to visit the indicated authorities.

Even a non-privatized plot can be registered as a property after the death of its owner. The easiest way to do this is in the manner provided for by the Law “On Dacha Amnesty”.

You purchased the dacha a long time ago, but the documents for it are outdated. The dacha can be used further, having only those documents. But if you need to bequeath it, exchange it, donate it or sell it, these documents will not be enough. To carry out any legal actions, the dacha must be decorated in accordance with modern requirements. You will need to collect a package of necessary documents and submit them to the authorities that deal with these issues. Let's figure out how to register a dacha legally competently.

How to register a dacha or summer cottage

You will need the following documents: a purchase and sale agreement or any document that confirms the purchase or provision of this plot to you; an extract from the local council on whose territory this site is located, a cadastral plan of the land. If you have not made a cadastral plan before, you will have to make one. For these purposes, you will need to invite specialists from a land management organization who will survey the site and prepare a cadastral plan.

Having collected all the necessary papers, you will need to submit them to the state registration center. You will need to have the following package of documents with you: an identity card (passport), documents confirming your right to the plot, a certificate from the board of your gardening, a certificate from the village council on whose territory your plot is located, a cadastral plan of the land plot, a receipt confirming payment of the state fee . If all the documents are in order, in a few days your plot will be registered and you will receive a certificate of ownership of it.

This is only the first stage in the process called “how to decorate a dacha.” You still have to start decorating the buildings located on your summer cottage. For this purpose, a declaration is drawn up, which lists the buildings, the year of their construction, the material from which they are made, explains who is the owner of the buildings today, and indicates the number of the cadastral plan. This data is compiled on a special form issued to those interested at the technical inventory bureau. In order to register property rights, you should make an appointment at the state registration center, taking with you the following package of documents: declaration, cadastral plan, passport, certificate confirming that you have paid the state duty. You will receive the documents within a month. A simplified form of extradition has now been adopted, as a dacha amnesty is in effect.

Adviсe

You need to ask for an extract from the business ledger maintained by the horticulture board or the head of the district administration. You must be given an extract by printing it on a special form. Such forms are available both at the registration service and at the horticulture board.

To carry out the necessary geodetic works You should call specialists from a land management organization (including a commercial one).

Coordinate the boundaries of your property with neighbors whose plots border yours.

Having collected Required documents, pay a visit to the federal service, which deals with state registration, cadastre and cartography. There you will receive the cadastral number of your plot.

After paying the state fee, you can register your plot. The document confirming your ownership will be a certificate of ownership.

Having told you how to design a summer cottage, we want to give a few more tips:

– you have the right to build so-called household real estate on a summer cottage plot without approval. Then they should be registered in a simplified manner.

– The law on dacha amnesty recognizes any documents as the basis for registering the ownership of dacha plots: extracts, certificates, decisions - any papers that confirm the fact that the citizen was provided with this plot. Even those documents that were issued to the gardener many years ago.

– even if there are no separate boundaries of dacha plots, each summer resident has the right to independently draw up the boundaries of his plot, having agreed upon them with neighbors and the board, and to issue a certificate of ownership.

– when registering land, you must begin with its surveying. The first step should be a visit to the land committee, where you will order land surveying. To register a bathhouse, garage, or other buildings, it is not necessary to provide a certificate from the BTI.

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What documents are needed to register ownership of a SNT dacha plot?

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15 August 2016, 17:07, question No. 1346197 Victoria, Sergiev Posad

How to register a country house built on a plot in SNT?

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How to legalize a house on dacha land according to the new rules?

I am the owner of dacha land. There is a house at the dacha, for which there is only a technical passport. The neighbors nearby registered a country house on the basis of a simple declaration drawn up on their own. When we decided to also register the house, Rosreestr told us that such a registration procedure country houses canceled. Is this so and how should we decorate our country house now?

Answer: Indeed, since 2017, the legislation allowing the registration of country houses in a simplified manner, on the basis of a simple completed declaration, has lost force. As follows from paragraph 10 of Article 40 of the Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”, state cadastral registration and state registration rights to the created building or structure, for the construction of which in accordance with federal laws no construction permit is required, and the corresponding unfinished construction project is carried out on the basis of the technical plan of such real estate objects and the title document for the land plot on which such real estate objects are located. Based on paragraph 17 of Article 51 Town Planning Code RF in case of construction on plot of land provided for gardening or dacha farming, the issuance of a building permit is not required. Thus, on the basis of current legislation, in order to register a country house, it will be necessary to prepare a technical plan - a document containing the coordinates of the location of the country house on the country land, room plans, and the total area of ​​the house. To prepare a technical plan, you need to contact cadastral engineers. Only the owner of the dacha plot can register ownership of a dacha plot if there is registration of ownership, so if the dacha plot is not privatized, then the registration of the dacha house must begin with the registration of the dacha land. To register a country house, the land owner is required to contact Rosreestr with a technical plan and an application for cadastral registration of the country house with simultaneous registration of the right. The received extract from the unified real estate register confirms the existence of ownership rights to the country house. And you should hurry up with the registration of a country house, since it is planned to introduce a permitting procedure for the construction and legalization of country houses.

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