Country amnesty makes it easier for ordinary citizens, land owners (mainly summer cottages), the bureaucratic procedure for registering rights to their possessions.
The concept of country amnesty
It is understood as legal norms established to simplify the procedure for registering land plots for housing purposes, personal gardening, private houses built on such land plots, as well as garages. The law, which established a simplified procedure, was widely known as the "law on country amnesty."
Pavova nature of simplified registration
Country amnesty arose in connection with the entry into force of the law governing the registration of rights to real estate, according to which a unified register of real estate was established, which stores information about all real estate objects of the country, its owners and restrictions on transactions.
The presence of information on a particular real estate in this register is a prerequisite for any legal actions to be taken with it. But entering into the registry automatically information about all the real estate of the country and its owners is technically impossible.
At the same time, registration of real estate under the new law requires the submission of a large package of documents and the passage of a difficult bureaucratic procedure. Therefore, the legislator decided to simplify the procedure for registering land plots that citizens had rights to before the new law came into force, as well as houses built and under construction on such plots. Since this simplification is primarily related to summer residents, such legislative changes have received the popular name “summer amnesty”.
Simplified scope
The simplified procedure, according to the law, applies to land plots and individual residential buildings, property rights to which arose before the adoption of a special registration law in accordance with previous legislation, based on transactions, certificates of inheritance, court decisions.
In addition, unfinished individual houses, as well as completed, but for which at one time title documents were not issued. For such real estate objects, a simplified procedure applies only if they are located on plots of land for which the applicant has a registered right of ownership under the new legislation, or a title document.
Thus, the simplified procedure, on the one hand, makes life easier for conscientious citizens who have encountered a difficult bureaucratic procedure through no fault of their own, and on the other hand, forgives citizens the unauthorized structures erected on their land plots, as well as legally constructed buildings, which or other circumstances were not put into operation in the manner prescribed by law.
Simplified Duration
Today, registration on a summer residence amnesty is of great interest. According to many, the simplified registration procedure will be valid only until March 2015. Consider this issue from a legal point of view. Country amnesty was enforced by the Federal Law of the Russian Federation by amending the article of the special registration law.
The law "on summer cottage amnesty", like other legislative acts, has no expiration date and does not limit the simplified procedure for registering land plots and individual houses, property rights to which were acquired before the entry into force of this law. The end of the summer cottage amnesty is prescribed only for unfinished and not put into operation private houses on their own land plots. According to the current legislation, this will happen on March 1, 2015. At the same time, according to Rosreestr, this period will be extended again.
As a simplified scheme to issue a residential building on a plot of land under IZHH
To conduct state registration of a residential building according to a simplified scheme, you need to contact the Rosreestra branch at the location of your land plot. The authorized body must submit a document on the rights to the land on which the registered house is located. Moreover, in addition to traditional legal documents, a certificate for the right of permanent use or another document confirming the right to a land plot can be submitted.
A technical passport of the apartment building is also provided, which must be ordered and manufactured at the local technical inventory office or in a private project organization. In addition to the above-described documents, a cadastral passport is submitted to the Rosreestra branch - a document issued by the local Rosnedvizhimost branches or land departments of local administrations. If the land has already been entered into a valid register, filing a cadastral passport is not required.
Instead, you can file a declaration, which is filled out by the landowner in the prescribed form. A cadastral passport will not be needed even if local authorities issue a conclusion of a standard form stating that the registered house is located within the settlement, and the land under it was individually allocated to its owner under IZHH.
Country amnesty. Garage decoration
As for the registration of a residential building, the registration authority must submit documents confirming ownership of the land. If such a site has already been entered in the register, submitting title documents is not necessary. They are not required even if there are opinions of local authorities or non-profit organizations of co-owners of garages that the registered garage is really located within the land allocated to the applicant.
When registering garages, the presumption of ownership is valid if the documents provided do not clearly define which rights to the land the applicant has. Also uncritical are the discrepancies in the data on the size of the land plot in the submitted documents of title and conclusions with the registry data. In the presence of such inconsistencies, the authorities of Rosreestr are not entitled to refuse registration.
Real estate registration on a plot of land for gardening
If the property is built on a plot of land for gardening, it will be impossible to register. Because the construction of buildings is not provided for by the intended purpose of such sites. The only way out is only to change the purpose of such a site, which is a separate procedure that requires obtaining permits. In addition, it is not possible for each site to change the purpose. At the same time, temporary constructions that do not require registration can be erected on land plots for gardening.
How to arrange an object under construction
Unfinished construction projects are also subject to a summer amnesty.The documents that need to be submitted to the authorized body for this include a package that is submitted to complete the completed house and a building permit. It is issued by local authorities. Interestingly, if the construction is completed, then the above permission will no longer be needed.
But in this case, the object of construction in progress is understood as a house that is being built from scratch. An unauthorized structure resulting from the reconstruction of a previously constructed building, the rights to which were previously registered, is subject to registration on a common basis.
Registration of land plots and registration procedure
To register the land plots themselves, it is necessary to submit to the registration authority a document on the applicant’s right to the land plot and without fail cadastral plan of the land. At the same time, as in the case of buildings, the inconsistency of documents confirming the right with the cadastral plan cannot be the basis for refusal.
How to issue a summer amnesty? Start from the ground or from home? At its core, these are two completely independent from each other procedures that can be performed in any sequence. But there are some features. If you register the land first, you will be able to issue a house without a cadastral passport.
At the same time, if you apply for registration of land and structures at the same time, you can significantly reduce the time for registration. From the point of view of Rosreestr itself, it is best to register the land and buildings at the same time, since the simplified procedure helps in every way, and the state wants to have the most complete information about all real estate in the state.
Features of simplified registration without a cadastral passport
It is important to understand that the absence of the need to submit a cadastral passport for real estate registration in some cases does not eliminate the need for this document in principle. According to the civil legislation of Russia, it is necessary to adhere to building codes in the construction of buildings, and also not to violate the rules of land use. These rules apply to property subject to amnesty.
The declaration, an alternative document to the cadastral passport, cannot confirm the good faith of the owner of the land plot, since it contains data from the owner of the plot, that is, the person concerned, and therefore can not replace the cadastral passport to carry out other actions with such real estate, for example, obtaining permission to conduct house water or gas, and will also be critically evaluated by the courts as evidence.
Legislative loopholes of country amnesty
Amnesty of summer cottages allows owners to receive additional unwritten benefits from the registration of a land plot.
Many landowners have arbitrarily expanded them due to unoccupied land, property of other funds or a neighbor’s land.
In such cases, a simplified procedure allows you to legitimize your rights, taking into account the occupied territories, but under certain conditions.
If the arbitrarily occupied land is communal, that is, does not belong to a private person or organization, then you just need to clarify land boundaries in the preparation of the cadastral plan, which will be needed to register the land.
If the site has been expanded to include land for other purposes, you must obtain the appropriate permission from the local administration. You can get such permission if you have not occupied the lands of the forest and water resources or other lands that, by law, cannot be alienated into private property. If you squeezed a neighbor, then you have to agree on the borders with him and get his consent.
