Country amnesty in Crimea extended until 2019
The legal mechanism providing for a simplified scheme for registration by Russian citizens of property rights to real estate and land plots was called “dacha amnesty” among the population. At the official level, it was introduced back in 2006. For 12 years, the regulatory legal act was amended several times, the main purpose of which was to simplify privatization as much as possible. At the end of 2017, at the session of the State Council of the Republic of Kazakhstan, amendments were made to the legislative act “On Amendments to Some Laws of the Republic of Crimea” to bring the norms of the Crimean legislation in accordance with the laws of Russia. As a result, the decision of the parliament in Crimea until January 1, 2019 extended the dacha amnesty.
How is the reform going
With the adoption of the amnesty, the registration of property rights to various real estate and most land plots was significantly simplified. As a result, Crimeans, including legal entities, may become owners of facilities built before March 18, 2014.without compliance with the laws and permits of the relevant authorities. For this, the main thing is to have title documents for ownership of a land plot.
Real estate includes land plots and capital structures for any purpose. The capital structure is considered to be a non-separable structure associated with the ground through the foundation, which cannot be transferred without damage to the structure and the site as a whole.
The advantages of extending the period of dacha amnesty until 2019 on the peninsula:
- for registration in cadastral registration it became not necessary to draw up a lot of documentation and pass several instances;
- the minimum package of documents is relatively easy and fast to assemble;
- owners have the right to privatize an unlimited number of objects;
- the procedure is carried out in the shortest possible time and free of charge, and the applicant only needs to pay the state duty.
Subtleties of design
If documents of ownership of a land plot were received many years ago, but are executed in accordance with the requirements of current legislation, then they are considered valid.Although it is still desirable to carefully study the documentation and to identify whether there are restrictions on the use of land or whether it has been withdrawn from circulation.
In the absence of title documents, you need to visit the local authority, where to write an application for requesting an extract from the business book. But even here “pitfalls” may arise in view of the fact that in the 1990s. Allotments were issued without accurate measurements, that is, the boundaries and their area were not calculated, therefore the information in the title documents may be incorrect. In this option, citizens are encouraged to conduct a survey. Although any discrepancies with these parameters are not a reason for denial of registration of property rights. Without an extract, most likely, you will have to buy out or rent land from the state.
If everything is in order with the documents, and the condition that the site is used for housing construction, gardening, gardening or dacha farming is satisfied, the issuance of a certificate is quite easy and fast. In addition, the benefits apply to objects located within the boundaries of settlements.
Without the official registration of property rights, houses, villas and other capital buildings cannot be insured, sold, inherited.
Houses and cottages
According to the order and the provisions of the amnesty, all owners of land that are intended for the subsidiary farming and the construction of individual buildings for housing, can transfer real estate into their own property. At the same time, certain requirements are imposed on the object, namely, restrictions on the area up to 300 m.2and in height - no higher than 3 floors (including mansard). At registration, it is necessary to have a certificate confirming the right of ownership of the land, and for a residential object - a technical plan, as well as a check on the payment of state duty. In the future, to obtain property rights will need to get permission to enter the house in operation.
For owners of country houses and small but capital outbuildings in the process of privatization under the simplified system, it will suffice to have documents of ownership, use and disposal of the site. It will also be necessary to fill out a declaration for the erected structure.
It often happens that the land belongs not to the person who uses it, but to the partnership.But here, too, the inhabitants of the peninsula will be able to use a convenient method of free registration of land plots whose purpose is to manage the country economy, gardening or horticulture. However, privatization can only be carried out by Russian citizens who are members of the partnership, who were given allotment on the terms of private property, indefinite possession or lifelong inheritance.
As for the survey for the official determination of the parameters of the site, then this procedure is currently completely optional. If you wish, you can not measure the plot, but then in the cadastral passport information about the boundaries and areas will be “subject to clarification” and have an indicative character.
Goals of amnesty
As a result, the dacha amnesty in Crimea will allow, by 2019, to issue ownership of the samostroy without permission to commission housing, as well as privatize dachas, including other small capital structures and land plots, under a special simplified program. Given that all the procedures related to real estate, are usually quite difficult and are accompanied by a number of problems, the state really goes to meet its citizens and provides some support within its competence.