Federal Law No. 93-FZ of June 30, 2006 on the Amendments to Some of the Legislative Acts of the Russian Federation on the Simplified Procedure of Drawing up of the Rights of Citizens for Individual Objects of Immovable Property
Refines the terms and procedure of privatisation, cadastral registration of land plots granted for personal auxiliary needs and countryside cottages, gardens and private housing construction, registration of rights of citizens for these land plots, as well as the objects of immovable property located on the mentioned land plots.
The new wording of the City Planning Code of the Russian Federation specifies the list of objects not requiring the permission for construction (reconstruction). Such objects include garages, countryside cottage structures of auxiliary use. Since the new wording of the Code does not apply to immovable property built (reconstructed) before its entry into force, and registration of the rights for immovable property without the permission for construction (reconstruction) and the act of putting of object in operation is impossible, the Law specifies that Part 17 of Article 51 of the City Planning Code of the Russian Federation applies to the earlier built structures.
The Civil Code of the Russian Federation introduces a procedure of recognition in court of the proprietary rights for a structure built without the permission. The Law envisages opportunities of registration of rights for the given objects according to the simplified procedure. The grounds for the registration are the documents confirming the fact of creation of such an object and containing its description, as well as the document of title for the land plot.
The Law specifies an exhaustive list of documents confirming the fact of creation of objects of immovable property at registration. The document confirming the fact of creation of immovable property in the absence of the need to obtain the permission for construction is the declaration of such object; the fact of creation of the object of private housing construction is the declaration and the permission of the body of local government to put it in operation (if the object is not over, the permission for construction). Before January 1, 2010, obtaining such permission is not necessary.
The Law introduces opportunities of submission of documents for registration of rights for immovable property by a notary if the rights emerge on the basis of a notary-certified transaction or another action committed by a notary.
The Law regulates the procedure of registration of the rights for the land plots if there is no a direct indication of the type of right in the decision granting the land plot or in other documents of title. The land plot in the given situation will be considered to be provided on the basis of the proprietary right, except for the cases when such land plot is withdrawn from circulation and is subject to the prohibition to privatise.
In case of a deviation of information on the boundaries and the area of the land plot in the documents of title and the documents of the state body in charge of the state cadastral registration, the Law envisages that information of the documents of the federal body of executive power in charge of the state cadastral registration obtained from land surveys is entered in the Joint State Register of Rights for Immovable Property and Transactions with It.
The time limit for free privatisation of dwelling space is shifted from January 1, 2007 to March 1, 2010.
The payment for the registration of the proprietary right of the natural person for the land plot intended for personal auxiliary needs and countryside cottages, gardening, garage or private housing construction, or for the object of immovable property created on such land plot is fixed in the amount of Rbl 100.
The subjects of the Russian Federation are entitled to fix for the period until January 1, 2010 the limiting prices (tariff rates and alike) for the land planning works.
The Federal Law is entered into force from September 1, 2006, except for Article 6 entered into force from January 1, 2007, however, no sooner than one month after the day of its official publication.