Each owner of any property wants the property to belong to him officially. To do this, you need to correctly register the ownership. Privatizing a country house on privatized land is considered a simple process. It can be implemented in a simplified way, for which a country amnesty is used. You don’t have to prepare many documents for this, and the procedure is free and prompt. Only after information about the country house is entered into the USRN, the owner of this object will be able to dispose of the property at its discretion.
Privatization concept
The privatization of a country house on privatized land is represented by a procedure that ensures the transfer of an object into the ownership of a citizen. Most often, this term is used in the design of apartments, houses or small buildings.
Since the citizen is the owner of the land, it is usually referred to the registration of a summer residence, and not about its privatization. Registration of an object allows not only to enter into various transactions with it, but also to use this property as a pledge. After the process, an obligation arises to pay property tax for this object.
Why is the process running?
The privatization of a country house on privatized land in horticulture or another partnership is considered a simple process. Most often it is performed to achieve the following goals:
- transfer of property as a gift or by inheritance;
- sale of a summer residence with a plot;
- legal registration of own rights to this object;
- use of the erected building as a place for registration of citizens;
- joining different cooperatives.
By providing the possibility of applying a summer cottage amnesty, the privatization of a summer cottage on privatized land is truly a quick and easy operation.
Is it possible to perform the procedure according to a simplified scheme?
According to the law, every person who is a citizen of the Russian Federation can use summer cottages and all objects erected in this territory. If necessary, the owner of the property can carry out privatization.
There are no restrictions on privatization, but different situations may arise in which the applicant is denied registration of the object. Usually it is caused by disputes with neighbors, the lack of necessary documents on the land or object, as well as other significant grounds. If it is not possible to independently resolve the problems that have arisen, then privatization is possible through the courts.
Legislative regulation
The privatization of a country house on privatized land in Irkutsk is carried out in the same way as the registration of this building in another region of the country. This is due to the fact that the provisions of federal regulations are used for the procedure. Basic information about the rules of privatization of buildings is prescribed in the following acts:
- various articles of the LC;
- Civil Code provisions;
- Federal Law No. 93, containing information on the nuances of the use of country amnesty;
- Federal Law No. 218 includes data on the rules for registering various real estate objects, which also include summer cottages;
- Federal Law No. 191 indicates that the possibility of using a simplified registration method is provided until 2020;
- Federal Law No. 210 contains data on how documentation can be transferred for the design of the structure to various authorities.
Local authorities of each region can additionally issue other normative acts on the basis of which adjustments are made to the registration rules of a small object located in the privatized territory. They cannot be contrary to federal laws. If such contradictions are revealed, then privatization is possible through the courts.
Process benefits
There are pros and cons of privatizing a country house on privatized land. These characteristics should be learned prior to direct registration of the object. The main advantages of the privatization of a country house on privatized land are as follows:
- it becomes possible to easily dispose of this property at its discretion, for example, the cottage can be sold, leased to other persons or donated;
- after the death of a citizen, this property is inherited by its successors;
- it is allowed to use the cottage for transfer to a bank or other organization as a collateral object.
But before starting the process, you should make sure that the advantages are more significant compared with the disadvantages.
Cons privatization of a country house on privatized land
The main negative consequences of this process include:
- a simplified registration method is provided only until 2020, so after this year you will have to use the standard method of privatization;
- there is no information on under what conditions the privatization process will be carried out after 2020;
- after registering the cottage, the owner will have to pay property tax for this object annually, the amount of which depends on the cadastral value of the property.
Since the procedure does have some drawbacks, it is advisable to assess the feasibility of registering a summer house before starting registration.
How is the process performed?
Privatization of a country house on privatized land is considered a simple process through the use of a simplified scheme. To do this, the following actions are implemented:
- initially prepared an application and other documents required for registration of real estate;
- The documentation is transferred to the Rosreestr, for which you can personally visit this institution, take the help of the IFC staff or upload documents in electronic form on the State Services portal;
- Next, you need to wait for a decision on the application;
- if this decision is positive, then an agreement on the privatization of the existing building on the ground is signed;
- then the application is again filed with the Federal Registration Service for registration of ownership of the object.
Since country amnesty is used, the process is carried out promptly.
Terms of the procedure
The terms of privatization of a country house on privatized land through the use of a country amnesty are considered to be short. Since the land has already been correctly registered as a citizen, when transferring all the necessary documentation to the Rosreestr, it can be expected that a decision will be made within two weeks.
The process can drag on for up to two months or for a longer period if the applicant does not have any important documents.
Procedure cost
Privatization is a free process, but you will have to pay a fee for registering the direct structure for the future owner. This duty is 2 thousand rubles.
If you pay the fee directly on the website of the State Service, then you can count on a discount of 30%.
What documents are prepared?
Privatization of a country house on privatized land is carried out only under the condition that the owner of the territory will be able to collect the necessary documentation for these purposes. The following documents will be required:
- applicant's passport;
- if the owner of the territory uses the help of a representative, then a notarized power of attorney is required;
- technical passport for land and building;
- extract from the USRN, confirming that the land belongs to the applicant;
- floor plan to which floor explication is applied;
- if the site is located in any cooperative, then an additional membership book is required to confirm the payment of all due contributions.
Other papers may be required if necessary. If you initially collect all the necessary documentation, then there will not be any problems with the privatization of the built country house.
What to do in the absence of papers on a plot of land?
If for various reasons there is no land documentation, then initially you will have to privatize the site, and then deal with the registration of the building. If the land is privatized, but the documents are lost for various reasons, then it is necessary to restore them to the BTI or other state organizations.
Without competent land privatization, it will not be possible to register an object. Often, citizens immediately apply for registration of both the site and the buildings built on it.
The nuances of the process
The privatization rules for a small cottage located on registered land include:
- land can be owned by a citizen or used on the basis of a perpetual use agreement;
- if any documents are missing, then they will have to be restored in the archive;
- it will not be possible to complete the process if all contributions to the cooperative are not paid.
Due to the use of country amnesty, this procedure is really simplified. Usually you do not have to spend more than one month to register any building on privatized land.
Conclusion
If a citizen has privatized land, then registering a building erected on this territory is a simple process. For this, the provisions of the summer cottage amnesty are used. It is only required to correctly collect all the documents that are transferred to the Rosreestr.
Registration of an object has both pluses and minuses. Although the owner of the building will be able to use it at his discretion, he will have to pay property tax for the cottage annually.