A summer cottage can be a great place to escape, but in order to make sure that your ownership is acknowledged legally, you must properly register it as property. Although the process may seem overwhelming at first, you can easily navigate it if you follow the correct procedures and prepare a little.
First, compile all required paperwork. Documents proving your ownership of the land, such as an inheritance or purchase agreement, are required. Ensure that all of your identification documents, such as your passport and taxpayer identification number, are in order.
The next step is to have a survey completed on your property. A licensed land surveyor will map your property in great detail, including all of its buildings and boundaries. It is imperative that you take this action to prevent future neighbor conflicts or legal problems.
You must turn in your paperwork to the local land registration office as soon as you have the surveyor’s plan and all of your supporting documentation. After reviewing your application and confirming the details, they will formally register your summer cottage as yours. During this process, be ready to pay any associated fees.
Ultimately, you will receive an official certificate of ownership following the registration of your property. In the event that you need to sell or transfer the cottage in the future, this document will be essential for demonstrating your ownership rights. You can enjoy your summer retreat to the fullest knowing that it is legally secured as yours once you have this certificate in hand.
- The legislative framework
- How to properly prepare documents?
- Package of papers
- Registration of ownership rights
- How to register an abandoned plot?
- If the owner refused through Rosreestr?
- Recognition of ownership rights by acquisitive prescription
- How to apply for an amnesty?
- Timing and cost
- Difficulties
- Useful video
- Video on the topic
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The legislative framework
Many Russian Federation legislative acts govern the process of registering a vacation home. Among them are:
- Land Code, indicating the procedure for distributing land between citizens who applied for its allocation for economic needs.
- Civil Code, indicating the right of every citizen to receive a plot of land for farming.
- Federal Law-217 of 2017, determining the procedure for using areas intended for gardening and vegetable gardens.
- Federal Law-93 from 2006, providing a simplified procedure for the privatization of land transferred to private use before the Land Code came into force. The dacha amnesty has been extended until the beginning of March 2020.
The Town Planning Code and regulations, SNiP, which specify the process and requirements for capital construction on the site, are also present.
How to properly prepare documents?
Numerous factors, such as the jurisdiction under which a plot of land is located, its status, whether it is part of cooperative ownership, etc., affect the registration process. Furthermore, owners who received land prior to 2001 are subject to streamlined regulations.
Package of papers
The following paperwork is necessary if the plot is owned by a cooperative:
- make an application;
- a set of documents of the cooperative (land surveying scheme, charter, its rights, registration and tax documents);
- extract from the minutes of the general meeting;
- certificate confirming the intended purpose.
New owners who have recently joined the cooperative require important documents.
When a self-government body decides to grant land for a summer residence, you must:
- application for the provision of a site, approval of cadastral documentation and layout;
- decision of a self-government body;
- cadastral documentation compiled in agreement with the authorities.
Registration of ownership rights
The following is how the entire registration process happens:
- an application is submitted to the local authorities with the collected set of documents attached – you can apply in person or through the State Services portal;
- the application is reviewed by competent persons and a decision is made;
- if the decision is positive, you must contact the Cadastral Chamber to obtain a passport for the property.
If a citizen first submitted an application to the SNT, a meeting of owners will be held to decide which plots to assign.
Take note! The ownership rights to a plot can be registered by citizens who obtained it in the SNT.
It must first go through the privatization process, and the administration’s approval for the property transfer is also required.
In Rosreestr, state registration occurs as follows:
- the owner submits an application and attaches documents;
- the package of documents is checked and a certificate of ownership is issued.
The citizen has the right to contest the ruling in court if it is denied.
How to register an abandoned plot?
Finding the land’s owner and attempting to work out an acquisition agreement with him is the first step in pursuing an interest in abandoned land.
You must get in touch with the appropriate people if the item is owned by the local government.
In the second scenario, the transfer will happen in line with the Land Code of the Russian Federation’s regulations, whether or not the law specifies an auction.
An additional scenario that could occur is when the owner is not present or there is insufficient information about where he is.
In these situations, the site is listed as ownerless in Rosreestr until the municipal authority files an application. The municipality has the right to file an application with the court requesting recognition of the land as its property after a year and after making changes to the register entry.
Following the site’s annexation onto municipal land, you can obtain a package of paperwork and lodge a formal complaint with the relevant authorities.
If the owner refused through Rosreestr?
If the owner has no desire to maintain the property and pay taxes on it, then one of his obligations is to abandon an unnecessary plot. Since Federal Law-141 was adopted in 2008, the refusal procedure is fairly straightforward.
This is a one-sided deal that Rosreestr requested from the owner. In the event that the owner declines, ownership of the land remains intact. In compliance with legal regulations, ownership rights of a subject of the Russian Federation or municipality to the site are registered following the completion of an amended registration entry. The waiver’s complete terms are available here.
Citation! Rosreestr notifies the relevant Russian Federation government authority or municipality five days after the site is re-registered.
Recognition of ownership rights by acquisitive prescription
Regardless of the prior owner’s rights, the right of ownership by acquisitive prescription arose for the first time.
In accordance with H. 1, St. 234 of the Russian Federation’s Civil Code, in order to register land ownership based on acquisitive prescription, all of the following requirements must be met:
- the presence of a subject wishing to receive a plot;
- legality of the object;
- good faith in taking possession of property;
- openness and continuity of ownership;
- expiration of established tenure periods;
- no obstacles to registration from the law.
The defendant must be the rightful owner or his heir, and there must be a disagreement between the parties, in accordance with the Russian Federation’s Supreme Court’s definition, before the decision can be made.
To make sure everything is in order legally, there are a few crucial steps involved in registering a summer cottage as a property. First, compile all required paperwork, such as land survey plans, ownership documentation, and any applicable permits. Submit these documents to the local registration authority next, making sure to follow their particular protocols and instructions. Verifying and adhering to local zoning laws and regulations is essential. To handle any complexity and steer clear of common pitfalls, speaking with a property registration specialist or legal expert can be helpful. In addition to preserving your ownership rights, properly registering your vacation home increases its value and gives you peace of mind.
How to apply for an amnesty?
Federal Law-93 states that the amnesty has been extended until March 1, 2020. Under a streamlined scheme, land used for gardening, including vegetable gardening, can also be registered as property.
It is meant for the general public.
- received a plot before 2001;
- those who have entered into a partnership but do not have rights to land;
- whose category is not indicated on the certificate;
- who do not have title documents.
Citation! The amnesty allows for the free privatization of land and the receipt of registration documents under a streamlined program.
To sign up, you ought to:
- make an application;
- attach a land plan highlighting the exact boundaries;
- attach an act with the consent of the neighbors regarding the location of the boundaries;
- a document of any type that is a title document;
- if a share is allocated, an agreement on the formation of common shared ownership;
- a document establishing the status of an object;
- state fee receipt.
Give everything over to the local government, who will independently apply for an entry into Rosreestr.
Timing and cost
Within 14 days, the authorized body must decide. Within ten days, Rosreestr submits an entry if the results are positive.
Should you go to court after receiving a negative decision, be prepared for a protracted waiting period that could last up to a year.
Using Rosreestr to make an entry costs 350 rubles. A list of people who are exempt from paying the state fee is also available at the same time. Further information is available here.
Difficulties
The following details could come up when creating the paperwork for a vacation home:
- To register the right to a summer cottage, title documents are required, for example, a purchase and sale agreement, without them it is impossible to prove the transaction.
- If the land was illegally increased before registration, its new area can be legalized within the framework of the summer cottage amnesty.
- If the recipient is a beneficiary, he has the right to use the land free of charge, and after 6 years to register the right of ownership.
- If the applicant is interested in land that is not surveyed and without a plan, then all work will be carried out at his expense, and only then will he receive the right to use.
- If problems arise with neighbors regarding the boundaries, you can check the exact location of the site on official sources.
- If the land is inherited, registration of a certificate of ownership is mandatory.
Useful video
We would like you to view the following video about the subject of the article:
Steps | Details |
1. Obtain land documents | Collect all documents proving ownership of the land. |
2. Get a land survey | Hire a professional to survey the land and create a map. |
3. Apply for registration | Submit an application with the necessary documents to the local registration office. |
4. Pay fees | Pay any required fees for the registration process. |
5. Wait for approval | Wait for the registration office to review and approve your application. |
6. Receive ownership certificate | Once approved, receive your official ownership certificate. |
A crucial step in ensuring legal ownership and safeguarding your rights is registering a vacation home. You can safeguard your investment and avert future disputes by adhering to the correct procedures. To speed up the registration process, it is imperative to gather all required paperwork, including building permits, land survey plans, and proof of ownership.
Additionally, avoiding delays and issues can be achieved by collaborating with local authorities and being aware of the particular requirements in your area. It’s also a good idea to speak with a legal professional who can help you navigate the procedure and make sure all legal issues are taken care of. By following these procedures, your summer cottage will have legal security and peace of mind.
Ultimately, registering your summer cottage as a property is an important step in protecting your assets, not just a legal requirement. You can enjoy your summer getaway without worrying about future legal issues if you are thorough and proactive. If you follow all the procedures exactly, you will have a legally recognized and well-documented property that you can use for many years to come.