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The extension of the "Dacha Amnesty" to 01.03.2020

Legal aid 25.02.2019 at 09:04

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Currently, a simplified procedure based on the "Dacha Amnesty" registration of ownership of homes, garages ends 01.03.2019. In connection with the entry into force of the Federal law from 03.08.2018, No. 340-FZ "On amendments to the town planning code of the Russian Federation and certain legislative acts of the Russian Federation" was amended concerning the registration of real estate located on land plots provided for gardening. In particular, have undergone significant changes in the provisions concerning the so-called "dacha Amnesty", which includes a number of provisions that simplify the conditions of some procedures for owners of land plots and immovable property.

at the same time specified Federal law of 03.08.2018, No. 340-FZ "On amendments to the town planning code of the Russian Federation and certain legislative acts of the Russian Federation" recognized as invalid the paragraph 7 of article 70 of the Federal law from 13.07.2015 g. № 218-FZ "On state registration of real estate" establishing a provision that before 1 March 2020, the grounds for state cadastral registration and (or) state registration of rights to an object individual housing construction, generated or created on the land plot intended for individual housing construction or the object of individual housing construction, generated or created on the land plot located within the boundaries of the settlement and intended for conducting of a personal subsidiary farming (on private land) are:

the technical plan of the specified objects of individual housing construction; legal title to the land, if in the Unified state register of real estate is not registered with the applicant's right to the land on which the objects of individual housing construction.

In this case, information about the object of individual housing construction, except for the information about the location of this property on the land plot are specified in the technical plan based on the customer of cadastral works of the construction permit and project documentation such real estate (if any) or Declaration about the property.

Thus, the legislator was moved from March 1, 2020 March 1, 2019, the period during which permitted the implementation of state cadastral registration and (or) the state registration of rights on residential buildings, residential buildings established on the land plots provided for gardening, a country economy in a simplified manner. From March 1, 2019 registration rights to such real estate will be the General procedure that involves a substantial complication of corresponding procedure of state cadastral registration and (or) state registration of rights to residential buildings, including in particular the following steps:

application registration with state cadastral registration and (or) the state registration of rights to real estate; provision of documents of title to land; technical plan to the residential building; paid stamp duty.

the Draft Federal law "On amending the Federal law "On amendments to the town planning code of the Russian Federation and certain legislative acts of the Russian Federation" is proposed to extend the term of the simplified registration of real estate objects in the order of "Dacha Amnesty" to 01.03.2020 G.