The Russians, who have not yet decided to take ownership of the existing plot or apartment building, the state gives extra time, since the "summer amnesty" has been extended until 2020. Everyone will still be able to have time to collect the missing documents and legalize the property with minimal financial and time costs, to freely dispose of it and protect themselves in the future of possible problems until the demolition of buildings.
On April 17, 2019, Dmitry Medvedev supported the extension of the summer cottage amnesty until March 1, 2020, gave the corresponding instruction to prepare the draft Federal Law.
What it is
The phrase "country amnesty" does not mean an official term, but the colloquial designation of concessions from the state for owners of land and houses in the process of registering the latter. Her story began in September 2006 with the aim of encouraging citizens to register their existing real estate, and the procedure itself concerned:
- land plots (in cities, towns, villages) for individual housing construction (IZHS) and the houses available on them;
- objects of subsidiary or suburban economy;
- garages, outbuildings and small buildings (seasonal houses, baths, sheds, etc.).
The opportunity to use registration according to a simplified scheme is provided to citizens who became owners of the above objects until October 30, 2001, with:
- indisputable ownership;
- membership card SNT / cooperative where the plot is acquired;
- documents on the right to a land plot in which their ownership right is not indicated.
The officials of the same name "Law on Country Amnesty" never adopted, and the provisions of the procedure itself are reflected in two legislative acts with subsequent amendments to them:
- No. 191-ФЗ "On the entry into force of the Town Planning Code of the Russian Federation" dated December 29, 2004.
- No. 218-ФЗ "On state registration of real estate" dated 07/13/2015.
Initially, a 5-year validity period was planned for the summer amnesty, but it was renewed three times (until 2010, 2015, and 2018). At the same time, individual registration conditions changed every time. In all, over the years of existence of such a mechanism in Russia, more than 10 million registrations have already been issued. But for citizens who have not yet taken this opportunity, information about whether the summer amnesty has been extended to 2020 remains relevant.
New amendments and deadlines
The summer amnesty in Russia and the Crimea was renewed once again thanks to the adoption of Law No. 36-FZ of 02.28.2018 "On Amending Certain Legislative Acts of the Russian Federation." The latest amendments, valid until March 1, 2020, include:
- for commissioning and technical accounting (including the issuance of technical passports) of IZHS buildings there is no need to present an appropriate building permit (Article 8 of Part 4 of the Federal Law No. 191);
- to carry out the state registration procedure or cadastral registration of residential buildings located in gardens, summer cottages, household plots or those intended for individual housing construction, the applicant will need a technical construction plan and a document on the ownership of a land plot with a building on it (if such data are not available in the Unified State Register) (Article 70, part 7, Federal Law No. 218);
Important! The preparation of technical plans is the sole responsibility of cadastral engineers. At the same time, only specialists with the permission of the SRO can engage in such work, information about which can be verified through the Rosreestr website.
- regions have the right to determine the maximum prices for cadastral services (for example, the preparation of technical plans) not higher than the established level. This should protect citizens from overpricing, but no one can guarantee the absence of requirements for an additional fee "in the envelope."
How is registration
To legalize the existing property during the "summer amnesty", it is enough to apply before March 1, 2020 to the office of the IFC or Rosreestr with:
- Proof of ownership of the site. For this purpose, a contract of sale, a document of inheritance or lifelong use, etc. (regardless of the year of issue, but subject to execution according to the requirements of then applicable law) is suitable. In the absence of such, you should contact the local government authorities for an extract from the business book or buy a plot.
- The technical plan of construction.
- The receipt of the paid state duty (the amount is 350 rubles).
- Application, passport and SNILS of the applicant.
The procedure for setting ownership of cadastral registration and its state registration is carried out by Rosreestr within 10-12 days from the date of receipt of the package of documents.
On a note! A package of documents can be delivered independently or sent by mail. But in the latter case, it will be necessary to preliminarily certify your signature with a notary.
Registration procedures can also be completed without a “summer cottage amnesty,” but you should be prepared for certain difficulties and additional costs. For example, you must have permission to put the facility into operation from Gosstroynadzor, which can be obtained with a building permit. The latter was simply not formalized for real estate of the times of the USSR, therefore it will only be necessary to prove their rights in such a situation in court.
Even the fact that a summer residence amnesty requires a minimum of documents, and its term has been extended to 2020, prevents many Russians from registering their real estate, which is explained by possible red tape with papers and unwillingness to pay taxes. But it should be borne in mind that it is impossible to conclude any transactions with properly shaped buildings and plots: insurance, gift, sale. Sooner or later, they will come under the attention of Rosreestr and, without registering property rights, can be considered as a self-construction, and land plots as self-capture. In addition, evasion of registration is an imaginary saving regarding the payment of taxes, since when identifying an object, it will be necessary to pay a fine, or even a land tax in double size.
The State Duma extended the summer amnesty until 2020: video