In the Russian Federation, several legislative acts have been issued that allow citizens to take ownership of various types of real estate. These may be land, houses, as well as apartments. What are the specifics of the procedures related to obtaining ownership of each type of property? If privatization of housing is ahead - what documents are needed for its implementation?
Features of the privatization of land
Let's start by studying the specifics of registration of land ownership. This is most often dachas that citizens received during the Soviet era. Then it was assumed that the corresponding type of real estate would be in perpetual use by a citizen. When the institute of private property appeared in the Russian Federation, the necessary legal mechanisms were formed for registration by summer residents of their land in personal possession.
The main mechanisms of land privatization
Russian law provides for three main mechanisms within which land can be privately owned. Consider them, and then what documents are needed to privatize the land. Providing the necessary sources to the competent authorities is the most important condition for the successful implementation of a citizen’s right to register land as property.
Firstly, it is a mechanism that has received the unofficial name of "summer amnesty." It appeared after the adoption in 2006 of the Federal Law, according to which the owners of cottages who used land on an unlimited lease from the state got the opportunity to become owners of the respective territories in a simplified manner, and, most importantly, for free. Land privatization as part of "Country amnesty" possible until 2018.
Secondly, this is the use of the mechanism provided for in paragraph 2.7 of Article 3 of the Federal Law No. 137 dated October 25, 2001, which introduced the Land Code of the Russian Federation. This scenario provides that a person who actually owns a dacha as a member of a horticultural association can legally register it as a property.
Thirdly, this is obtaining a land for use on the grounds provided for by the Land Code of the Russian Federation, various federal laws, as well as regional regulatory legal acts. There are a lot of them. For example, in accordance with the Federal Law No. 5 of January 9, 1997, the Heroes of Socialist Labor can receive land, as well as citizens with the title of Full Knight of the Order of Labor Glory. In accordance with Federal Law No. 4301-1 of January 15, 1993, the owners of land can be Heroes of the Soviet Union, the Russian Federation, as well as citizens holding the title of Full Knight of the Order of Glory.
Privatization: the nuances of practice
There are numerous other reasons for receiving land from the state for free. Among the most sought after are the first two. This is largely due to the fact that in the USSR the practice of providing citizens with individual garden plots was very widespread. Since the institution of private property in the Soviet Union did not exist for a long time, citizens had the right to own the respective territories on a rental basis. With the advent of the institution of private property, the legislator developed mechanisms according to which citizens have the right to become full owners of their dachas.
Citizens called one of the existing mechanisms “summer cottage amnesty”.This is due, according to lawyers, to the fact that many owners of cottages, disposing of the de facto plot - engaged in crop production, erecting houses and other objects, did not have a legal title to it. Consider this mechanism in more detail. What is the procedure for registering a cottage as a property? If land privatization is ahead - what documents are needed for this?
Features of "country amnesty"
So, a person who received a land plot from the state under the USSR, in the legislative order, can become its owner in the framework of the "summer amnesty". At the same time, he can also take possession of the buildings that he managed to erect in the relevant territory - a house, a garage, a bathhouse, etc. In principle, a citizen has the right not to carry out privatization, but in this case he will not be able to dispose of the cottage as property - sell, lease, perform other actions permitted for owners.
Registration of land in the framework of the "summer amnesty" will consist of two main stages - registration of the land itself, as well as entering data on the buildings in the established order in the state registers. Let's consider them in more detail.
Land registration
What documents are needed for the privatization of the land, which the citizen actually disposes of? First of all, these are sources that confirm the fact that the corresponding territory is in the legal disposal of a citizen. This may be a decision of the municipal authority that such a site is provided to a person for use.
There are also possible scenarios in which the person’s ownership of the cottage has already been documented, but there is no information on this in the state registers for any reason. In this case, the sources may be sales contracts.
Registration of houses and buildings
If privatization is to be carried out at home, what documents are needed to carry out this procedure? Current legislation presupposes that it is possible to register the right to a house on a land only if you have previously issued a cadastral passport for it. To obtain the appropriate document, a citizen needs to contact the BTI or other authorized structure. Regarding non-residential premises - for example, garages, it will be enough to prepare a declaration in the prescribed form. It is filled by the owner himself.
Having studied what documents are needed for the privatization of the cottages and having collected them, the citizen should take them to the territorial administration of Rosreestr. In some cases, it is possible to contact the Multifunctional Center that provides public services. The authorities responsible for registering the ownership of the respective real estate must complete all the procedures within 18 days after receiving the documents from the applicant.
Free privatization for members of summer cottages
The second main mechanism for the privatization of land is based on a mechanism in which a person can actually dispose of the relevant territory as a member of a horticultural association. It is possible to privatize a summer house using this scheme until 12/31/2020. What documents are needed to privatize a summer house through the mechanism in question?
Privatization of a site in a summer cottage: documents
First of all, a citizen will need to prepare an application in the prescribed form. It is necessary to attach to it the location scheme of the plot on the cadastral plan. This document is optional if the land surveying project has already been approved or the necessary information is already in the state cadastre. Another important document is the minutes of the meeting of participants in the horticultural association, reflecting how the plots are distributed among citizens, or another source of a similar purpose.
It will also be necessary to request some sources from the chairman of the horticultural association. Among those - a certificate stating that the land plot is assigned to the citizen, as well as a copy of the book certifying the status of the partnership. You may also need a copy of the information from the general plan of the horticultural association, which will display the site being registered in the property and the adjacent territories.
Necessary sources for a person must be attributed to the competent municipal authority. If you correctly approach the issue with what documents you need to prepare for privatization, then there should not be any special difficulties with the implementation of the procedure in question. But in some cases, they can still appear. With what it can be connected?
Privatization of a summer residence: nuances
First of all, problems with the registration of property rights can be caused by the fact that the boundaries of the horticultural association in whose structure the plot is located are incorrectly defined - as an option, they partially coincide with the territories that are already included in the state register. Difficulties may also arise if the horticultural association does not properly coordinate land use with the municipality. There may also be errors in the documents that the summer resident provided to the relevant authorities.
It can be noted that the possibility of obtaining a land plot by a citizen is provided for free not only in the Russian Federation, but also in other states. So, citizens of Ukraine can receive a plot from the state in order to conduct private farming. What documents are needed to privatize a land plot in Ukraine? As some lawyers note, the bulk of the sources come from those that confirm the fact that the territory claimed by a citizen does not belong to anyone on the basis of private property, that is, its sole owner is the state.
What documents are needed for the privatization of the land within the framework of the grounds provided for in paragraph 2.7 of Article 3 of the Federal Law No. 137, we have studied. Citizens of the Russian Federation can thus become owners of cottages and suburban territories. But Russian law also allows citizens to privatize apartments. What are the specifics of registering residential premises as property? What sources should a citizen prepare before carrying out this procedure? What documents are needed to privatize a room in a communal apartment, based on the specifics of this type of residential premises?
Privatization of the apartment: general points
The legislation of the Russian Federation defines the mechanisms under which a person living in an apartment on the basis of a social tenancy agreement can make a home ownership. A citizen can exercise this right by the end of 2016. The main legislative act regulating the procedure in question is Federal Law No. 1541-1 “On Privatization”, which was adopted on July 4, 1991.
A citizen can issue a home ownership, using it on a social hiring basis, only once. It is important that the consent to carry out the corresponding procedure is given by all competent citizens who live together with him in the apartment. If among them there are children from 14 to 18 years old, then they must also approve privatization, in accordance with the norms of the 54th article of the Housing Code. If a person refuses to participate in the procedure, then he must notarize his wish.
Consider what what documents are needed to privatize an apartment assemble and submit to the competent authorities.
Privatization of the apartment: documents
A standard list of sources can be classified into several types.
- Firstly, these are documents that certify the identity of a citizen: passport, birth certificate.If the interests of a person in the prescribed manner are provided by someone else, then documents that prove his identity will also be needed.
- Secondly, these are documents regarding the apartment. First of all, this is a social contract of employment or a copy certified in the established manner. Also among the documents of the category in question is a statement in accordance with which the termination of the right to dispose of an apartment under an agreement with the state is supposed. You will also need a copy of the apartment warrant. Another important document is a cadastral passport or form 7.
- Thirdly, documents may be needed, the provision of which is stipulated by the legislation governing legal relations involving minor citizens. Among these are a permit from authorities carrying out guardianship and trusteeship, as well as a statement from a minor citizen about consent to privatization.
Privatization of housing: the nuances
What can be the list of sources if the room is privatized? What documents are needed in this scenario? Almost the same. However, the procedure for privatizing a separate room - if we are talking about a communal apartment, may be somewhat simpler due to the fact that the consent of the owners of other residential premises may not be required.
In some cases, there may be a need for additional documents if the person has changed his place of residence or citizenship. You will also need a receipt on payment of state duty for privatization. If a person turns to the services of intermediary organizations, then it may also be necessary to draw up a power of attorney for specialists working in them.
A rather complicated and responsible process is the privatization of the apartment. What documents are needed, we studied. Where should they be directed? The issues of privatization of apartments are most often dealt with by the competent authorities in municipal authorities. There you should include the necessary documents.
After the municipal authorities carry out the necessary work, a person will have to sign an agreement securing privatization. After that, you can register ownership of the apartment or room in Rosreestr.
