“DACHA AMNESTY”: LEGAL, EXPENSIVE

THE PRICE OF THE LAW

It's been three weeks since the law on "dacha amnesty" came into force. After a short stormy PR on state television channels, they somehow forgot about the amnesty - everything seems to be going on as usual. However, in practice it turns out that this turn is ...

It's been three weeks since the law on "dacha amnesty" came into force. After a short stormy PR on state television channels, they somehow forgot about the amnesty - everything seems to be going on as usual. However, in practice it turns out that this turn is different for each region. Somewhere the amnesty has not yet begun and it is not known when it will begin, but somewhere it has already caused a stir and managed to grow in queues and rumors. The most popular of them is that during the amnesty, dexterous citizens can easily take over someone else's land. Fortunately, Novaya's experts do not share these fears. But they do not doubt that in the foreseeable future, amnestied citizens will face even more severe punishment in the form of a tax on real estate.

For many years, the legalization of dacha property cost the owner of a gold coin and serious hassle. In the hope of registering land and buildings, summer residents spent days and nights in queues to get a cadastral plan, without which privatization is impossible. The cadastral valuation cost the owner of a plot of 6 acres from 10 to 15 thousand rubles. The Bureau of Technical Inventory (BTI) is the next barrier that the owner of unregistered real estate had to overcome. Here I had to give a couple of thousand more.

It would seem that after the amnesty everything should have been different: cheap and fast. Expectations were not justified.

In terms of money, nothing has changed much: no one has canceled the cadastral survey. The only significant difference is that summer residents now need to apply for privatization not to the courts, but to officials. This is the essence of the amnesty: the existence of an illegal squatter ceases to be considered by the state as a crime. You need to have at least one piece of paper certifying your rights to the site - you can even have a piece of paper of the Soviet or pre-revolutionary type. It was this circumstance that aroused fear among many citizens: well, how will greedy neighbors want to grab part of the site on the sly, taking advantage of its temporary “ownerlessness”?

The government does not share these fears. True, the logic of this Olympic tranquility is very controversial: they say that every hundred square meters will be taxed, which means that it is unreasonable to register excess land unnecessarily.

Much more important is that everyone who wants to grab an extra hundred square meters of land will first need to obtain permission from the dacha community for this, as the law prescribes.

“The basis for registration is the cadastral plan of the land plot, during the preparation of which work is carried out on surveying and establishing the boundaries of the land plot, in which the owners of neighboring plots participate. In the event of a dispute over the boundaries, the registration of the site is issued on the basis of a court decision. Thus, it is impossible to seize other people's lands without violating the law, ”explained Mikhail Lukyanchikov, director of the law firm Private Law.

Since the adopted law simplifies the procedure for registering the right of ownership only to land plots intended for personal subsidiary, dacha farming, gardening, gardening, individual garage or individual housing construction, one should not be afraid of the possible registration of large plots of land. It is difficult to find citizens who own dozens of hectares of summer cottages and at the same time are able to pay tax for the registered surplus land.

Moreover, in order to take advantage of the simplified registration procedure, it is necessary that the land be provided before October 30, 2001 (the date of entry into force of the current Land Code of the Russian Federation).

“Few were able to look five years ahead and, in anticipation of the desired amnesty, knock out the largest land plot for themselves (especially considering that land for personal use of citizens was provided not by hectares, but according to established norms: the notorious six acres). It is unlikely that self-acquisitions of the type “came, fenced off a plot for himself and registered ownership of it” will begin. It is impossible to scroll through such an operation, because at the Registration Chamber a citizen will be required to provide a document on the provision of a plot and a cadastral plan. At the same time, the possibility of minor abuses of the amnesty is not ruled out - for example, attempts to register a plot of a size slightly exceeding that specified in the title document. The law prohibits the refusal of state registration in case of discrepancy between the data on the area of ​​the land plot in the title document and the cadastral data. Perhaps this is not a big problem. If the land is simply no man's land, then maybe it would be better if it had an owner? Vsevolod Karlov, General Director of the Prime Development management company, explained.

In case of disagreement of the landowner with the assigned boundaries of the site, he can apply to the local authorities with a request to remeasure the land.

According to experts, today no more than 10% of summer residents of the near Moscow region have fully completed documents. 12% of objects are provided with land documents at best. 78% of real estate and land owners do not have any papers at all or have incorrectly executed documents. In the far suburbs, up to 90% of plots are not legalized.

Analysts believe that with the introduction of a new system for registering unauthorized buildings and lands, these numbers will drop sharply, because it is in the interests of the population to support the government's idea. By legally registering illegal property as property, citizens will receive all the rights to it, including the ability to transfer it by inheritance.

In the meantime, the state will also not lose out, some analysts are sure. “Due to the registration of rights to real estate, all data on the owners of real estate will be entered in the unified state register of rights. The state will have access to information about each owner of real estate and, as a result, additional sources for replenishing the state treasury through tax collection,” Mikhail Lukyanchikov explained.

At the same time, it is curious that the federal budget, unlike municipalities, will receive direct revenues not in the future, but already now. “The fact is that only the state duty for registering rights in a simplified manner is credited to the federal budget. If we take into account that in Russia there are about 20 million potential owners, and the state duty is only 100 rubles, then the total maximum income of the federal budget from the implementation of the bill will be about 2 billion rubles. Agree, this is a very small amount by state standards. The federal budget will not receive profit from land tax and property tax collections, because the management of these taxes has been transferred to the municipalities - they will receive the main income from the implementation of the law on "dacha amnesty," concluded Vsevolod Karlov.

However, “even” two billion is, you see, not so bad, given the fact that the state will make almost no effort to obtain them. We should also not forget about the income of companies that will carry out cadastral surveys - they can receive up to 300 billion rubles, and this, you see, is already more than significant. (By the way, these firms are not always far from officials, in the sense of communicating pockets.)

Finally, the tax rate for real estate, which will be legalized after the dacha amnesty, has not yet been determined and is unlikely to be determined until 2008. But as the history of the land tax shows - and in some regions it already exceeds a thousand dollars a year for a standard plot (see No. 67 of this year's New) - there is no need to relax.

According to experts, the amnesty may also affect the volume of the suburban real estate insurance market. Since about 80% of the actual owners of suburban real estate cannot confirm their legal rights to it, insurers had to make a decision on insurance based on indirect documents. Now the situation will change.

In a word, in this whole story there is only one category that will not receive any financial benefit: ordinary owners of garden plots, who now and in the future will have to fork out significantly just for the state to recognize their right to property.