How to inherit a dacha, entry rules

A dacha as a piece of real estate is a separate type of property, endowed with certain legal nuances. As a rule, the term is distinguished between “country cottage” and “garden plot”.

Moreover, the main difference lies not only in the types of buildings, but also in the purpose of the land plot on which the house is located.

If in the first case there are no problems, then inheriting a dacha (after the death of the owner) can cause difficulties.

Successors

To enter into a dacha inheritance, you must adhere to the legal regulations established in Federal Law No. 146 of November 26, 2001. According to the current provisions, a legal successor is a citizen or group of persons who has the right to register real estate, provided that the former owner has died.

In this case, relatives are divided into several queues:

1. The first includes close family members - mother, father, son and/or daughter, spouse of the deceased;
2. In the second place they include a brother, sister, grandmother, grandson, etc.;
3. The third and subsequent lines include distant relatives.

However, in addition to these citizens, persons who are dependent on the deceased person can claim the inheritance mass. Their inclusion in the registration process is mandatory - no matter the procedure under a will or law.

Conditions for inheriting a dacha

1. According to the law, the property mass is distributed among successors according to priority;
2. According to a testamentary document, property is alienated to the citizens specified in the act of last will.

To initiate an inheritance case you need:

• personal visit to a notary at the residence address of the deceased;
• filing an application;
• collection and provision of documents.

An application to a notary organization must be made no later than six months from the date of death of the testator.

The procedure for inheriting a land plot in SNT

Russian legislation provides two options for inheriting a dacha after the death of the owner.

Formally

In fact

The successor is such until otherwise is challenged through the court, in the event of a number of actions indicating a challenge to the rights of the heir.

The actual acceptance of an inheritance means:

• systematic deduction of contributions for land allotment;
• repayment of debt for the plot;
• receiving money or paying debts to third parties or organizations;
• use of property for protection and improvement purposes.

Nuances of registering a dacha received as an inheritance

After the death of a loved one or relative, you must contact a notary at the last address of residence of the deceased. This is necessary to obtain information about the existence of a will.

Otherwise, the entry and registration of a dacha and land by inheritance is carried out within the framework of the law.

To do this, the successor writes a statement of consent to accept the property, but before doing this, the following information about the property should be clarified.

If there is a house on the site

A registered dacha by inheritance and by will, provided that it is located in SNT or a gardening partnership, is carried out in the manner established in legal acts. At the same time, current laws should not contradict Article 1170 of the Civil Code of Russia, but are used as additional information to clarify certain points.

Article 267 of the Civil Code of Russia specifies the rules for the disposal of land that is in lifelong possession with the right of transfer by inheritance. In this case, the transfer of rights to the plot after the death of the owner occurs on the basis of a will or by law. In the latter case, property is distributed among successors according to priority.

Non-privatized dacha

1. Issue an extract from Rosreestr;
2. Send a request to the BTI to obtain a passport of technical significance for the property;
3. Order an independent examination to evaluate the dacha and plot of land;
4. Submit a claim to the judicial authorities to recognize the right to own property;
5. If there is a positive verdict, you should visit Rosreestr and register the property.

Dacha amnesty

Non-privatized land located in SNT can only be privatized by the legal successor. To do this, an appeal is sent to the management of the partnership to join the association. Further, it is possible to carry out the procedure for privatizing land using a simplified system within the framework of the “dacha amnesty” program.

Registration procedure

To register a dacha plot by inheritance, you will need to write an application to a notary for its acceptance. In situations where the testator did not include some items or real estate in the will, the successors must independently carry out this procedure.

Read also: Car valuation for a notary by inheritance

After checking the documentation, the notary employee initiates the case and provides participants with recommendations on further actions. Following the procedure, legal successors receive a certificate.

Documentation

• certificate of death of a relative;
• a certificate or extract from the house register about the last address of residence;
• personal passport of the legal successor;
• papers indicating family ties - if inheritance is carried out within the framework of the law, or a will.

Deadlines

The period for accepting the property estate left by a deceased citizen is 6 months from the date of initiation of the case by a notary (Article 1154 of the Civil Code of Russia). In addition, the date may be the day of death or the entry into force of a court decision.

Real estate valuation

Carrying out assessment activities in relation to the site requires the involvement of an independent accredited organization. After the relevant activities have been carried out, a report is issued, which is subsequently transferred to the notary. The cost of country property depends on various factors, the main one of which is location.

It is almost impossible to independently assess the value of property. In addition, the information received cannot be attached to the case.

The procedure for distributing shares between heirs

It is noteworthy that adopted children of the deceased and persons dependent on him for at least 12 months can also apply and challenge the procedure. This is due to the fact that the current laws indicate the need to allocate a share in the property mass in relation to disabled citizens, as well as dependents.

Procedure for state registration of property rights

In the question of how to inherit a dacha for a person, the main factor is obtaining a certificate of ownership of the plot. Such a certificate is issued by a notary and subsequently it must be registered with the cartographic authorities, cadastral institution and Rosreestr.

At the time of application, the applicant will need to submit the following documents:

• successor's passport;
• certificate of ownership of a dacha;
• inheritance certificate;
• an application drawn up according to the sample;
• a receipt confirming payment of the state fee for the registration of rights.

Amount of state duty and tax obligations

In accordance with the Decree of the Government of Russia dated January 1, 2006, the tax burden on the inheritance procedure was abolished. There is no tax in 2023 , but the successor will need to prepare for financial costs.

This is due to the fact that the procedure is additionally burdened with a state duty for notary services.

The tariff is set at the state level, and you will not be able to get a discount or benefit on it. The price of a notary's work depends on the value of the dacha indicated in the appraisal report.

At the same time, an independent examination also costs money and is paid for by the relatives of the deceased.

Further, the amount of state duty is calculated depending on the family ties of the successor to the testator. For example:

1. The first stage, whose representatives are a child, husband or wife, as well as father and/or mother, are required to pay 0.3% of the cost of the dacha plot. The collection limit is 100,000 rubles;
2. If the receiver belongs to the third and subsequent categories, then the amount of encumbrance will be 0.6%. The limit on the obligation is RUB 1,000,000.

In a situation where there are several legal successors, payment of the state fee is distributed among the participants in accordance with the share received from the property mass.

Selling a dacha after taking ownership

The inheritance of a summer cottage is subject to strict registration regulations, which are prescribed in Russian legislation. Violating the procedure or ignoring the provisions of the Civil Code of the Russian Federation when drawing up a testamentary document can bring many problems to legal successors.

Therefore, you cannot do without the help of a lawyer in the question of how to register ownership of a house according to law or will. This is due to the fact that it is necessary to prepare documents, correctly distribute shares, and also carry out land surveying.

Registration of inheritance for a dacha

Next, we will talk about how to register a dacha as an inheritance during the life of the testator, and how the heirs enter into ownership after the death of the testator.

Registration of a dacha as an inheritance by its owner

Each owner of a dacha property has the legal right to bequeath his property to his heirs. To take advantage of this legal option, you must make a will. There is nothing particularly complicated about this procedure. The testator needs to contact the notary's office with a passport and the following documents for the dacha (they can be obtained from the BTI):

• land cadastral plan;
• extract from cadastral documents;
• certificate of ownership;
• calculating the cadastral value separately for the land plot and buildings.

The notary draws up a will. It reflects the will of the testator regarding the list of heirs and the shares due to each of them.

The owner of real estate has the right to make as many wills as he sees fit. The provisions of the document drawn up most recently will be considered valid.

Entry into the right of inheritance of a dacha

First, you should seek the services of a notary at the location of the property. He will request the following documents to inherit the dacha:

• passport;
• death certificate of the owner of the plot and a document from his last place of residence;
• documents on relationship with the testator or a will (if any);
• documents confirming the ownership of the dacha.

Additionally, an application for acceptance of the inheritance is drawn up. Based on it, the notary opens an inheritance case. There are then two options:

1. There is a will. The notary reads out the last will of the testator. The property passes to the persons specified in the will. All controversial issues are resolved in court.
2. There is no will. The dacha is divided among all legal heirs in equal shares. Entry into the inheritance is possible only six months after its opening.

All new dacha owners receive certificates of inheritance.

Registration of a dacha received as an inheritance

Once the inheritance certificate has been received, you can begin to formalize the inheritance for the dacha. This is done by the local division of the Office of the Federal Service for State Registration, Cartography and Cadastre (UFSGR).

You must submit to this body:

• statement;
• passport;
• certificate of inheritance;
• title documents.

In addition, in order to obtain a certificate of registration of rights, you will have to pay a state fee.

Duties and taxes when inheriting a dacha

Article 217 of the Tax Code clearly states that there is no need to pay taxes on property transferred by inheritance. This norm is the same for all heirs, regardless of the degree of relationship and other circumstances. That is, there is no object of taxation when inheriting a dacha.

However, if the heir, within 3 years from the date of death of the testator, wants to sell the property transferred to his possession to a third party, he will be required to pay 13% of the sale price.

For completing the legal procedure and obtaining a certificate of registration of the right to a dacha, the heir is required to pay a state fee . Its size depends on the degree of relationship with the testator. In 2023, the federal duty is calculated as follows:

0.3% of the value of the inherited property , but not more than 100 thousand rubles - for relatives of the closest degree of kinship:

• children;
• spouses;
• parents;
• brothers and sisters.

0.6% of the transaction amount , but not more than one million rubles - for persons not classified in the first group.

Persons who are exempt from paying state duty:

• WWII participants;
• Knights of the Order of Glory;
• heroes of the USSR and Russia.

In addition, persons who live in a country house and continue to live there after the death of the testator have the right not to pay the notary fee.

Registration of a non-privatized dacha as an inheritance

1. Obtain the corresponding extract from the Unified State Register of Real Estate Rights (USRE) office.
2. Request a registration certificate for your dacha from the BTI.
3. Perform an independent assessment of the structure. This can be done by expert companies or BTI employees.
4. File a lawsuit to recognize the right to property.
5. If a positive verdict is made, registration of ownership will be carried out on the basis of a court decision.
6. If a non-privatized dacha plot belongs to a gardening partnership, the heir should contact the board of this association with a request to join its ranks. If this issue is resolved in a positive way, the property could be privatized through a dacha amnesty.

A simplified way to design a dacha

• intended solely for personal farming, gardening or horticulture;
• were received by the owner before 2001.

If the plot meets these requirements, but does not have a cadastral passport, you can simply submit a declaration to Rosreestr with a detailed description of the property. Based on it, the buildings located on the site will be registered.

All issues related to the inheritance of a dacha are dealt with by the notary and real estate registration authorities (BTI, UFSGR, Unified State Register of Real Estate). The main thing for testators and heirs is to collect and prepare all the necessary documents and not hesitate to visit the indicated authorities.

Even a non-privatized plot can be registered as a property after the death of its owner. The easiest way to do this is in the manner provided for by the Law “On Dacha Amnesty”.

How to register a dacha after inheriting in 2023

The provisions on how to register a dacha after inheritance are set out in the legislative acts of the Russian Federation. After the death of a citizen, property passes to other people. It is important to know the nuances of inheritance, the procedure for registering it, the conditions for taxation and payment of state duties. In different situations, the list of documents submitted for consideration to a notary’s office may differ.

The process of registering an inheritance for a dacha

The Civil Code of the Russian Federation regulates the registration of inheritance for a dacha. Before registering a dacha as an inheritance, you should familiarize yourself with the list of papers submitted to the authority. Entry into legal inheritance of a summer cottage occurs:

• according to the provisions of the code in the absence of a corresponding expression of will regarding inheritance;
• according to the will drawn up.

In the first option, the right to receive property can only be used by relatives according to the degree of kinship from the closest (children, spouse, husband, mother and father) to distant ones. And in the second, the property is transferred to the citizen indicated in the administrative document, a close relative or a third party. The period for accepting an inheritance does not exceed half a year.

There are 2 types of volitional act of the successor:

1. Legal – the applicant’s appeal to the notary regarding the inheritance. The interests of the heir may be represented by a trusted person. In this case, the mandatory conditions are notarized confirmation of the signature and the presence of a power of attorney.
2. Actual - a series of actions indicating a desire to inherit the dacha (repairing the estate, guarding the property, caring for the plot of land, paying receipts).

After the end of the period, the citizen will become the owner of the dacha by agreement with relatives or through the court, when there are serious reasons for the delay.

The notary opens a file where the application and the submitted package of papers are kept, which confirms the fact of acceptance of the inheritance. After 6 months, a certificate necessary for registering the right to inheritance is issued.

When the procedure is completed, the dacha becomes the property of the successor.

Documents for registering a dacha

To take legal rights, the heir must collect and provide a package of documents within six months. Sample list:

• cadastral documentation;
• passport of a citizen of the Russian Federation;
• a certificate confirming the absence of tax arrears;
• owner's death certificate;
• certificates from the horticultural society;
• title documents;
• address of the actual residence;
• will (if any);
• confirmation of the estimated value (necessary to determine the amount of state duty);
• original documents proving family relationship to the deceased relative.

It is not prohibited to gradually submit papers, consulting a lawyer about the rules for re-registration and the exact list of certificates and copies.

Tax and state duty on a dacha received as an inheritance

Federal Law No. 78-Z dated January 1, 2006 simplified the taxation procedure. In Art. 217 of the Tax Code states that there is no need to pay real estate tax upon inheritance. This rule applies to all citizens regardless of conditions.

When the successor, after the death of the owner, decides to sell the dacha to another citizen within three years, he must pay 13% of the total value of the property.

A state fee is paid for the legal services and certificate provided.

The specific size depends on the circumstances. The calculation is carried out as follows: for family members (spouse, children, father, mother, sisters, brothers) - 0.3% of the total amount (up to 100 thousand rubles); for other heirs – 0.6% (up to 1 million rubles).

Persons actually living on a dacha plot, some categories of participants in military operations and heroes of Russia and the Soviet Union may not pay the federal duty.

Registration of ownership

A document on the transfer of property as an inheritance allows you to legalize ownership of a dacha in Rosreestr. To carry out the procedure, they provide: a passport of a citizen of the Russian Federation, a certificate, documents for real estate, an application. You must pay the state fee and provide a receipt. After presenting the necessary papers, after 1 month the assignee receives a certificate from the Unified State Register of Real Estate. Then he enters into the rights of disposal, possession and use.

Inheritance of a non-privatized dacha

Dachas are built on lands in the recreation and gardening zone. There are cases when the building was not privatized. According to the law of inheritance, it is impossible to inherit non-privatized property.

When the dacha is located on a site owned by a dacha or gardening organization, the heir needs to join it by writing a statement in the established form. If an affirmative decision is made, the legal successor is accepted into the company. Then privatization of the dacha is possible. When the heir has been refused, the issue is submitted to the court for consideration.

In accordance with the dacha amnesty

Federal Law No. 93 regulates the dacha amnesty. The procedure for privatizing plots has been simplified.

The procedure is carried out without land surveying and cadastral documentation in the following circumstances: when allocating a dacha for agricultural work such as gardening and horticulture; if the property was received before November 2001

(adopting the Land Code of the Russian Federation). Members of a gardening organization are required to prove that the property received by the testator is in his possession.

Judicially

Judicial practice in inheritance cases shows: it is possible to obtain a dacha after the expiration of the time provided by law. You need to act in a certain sequence:

• obtain a technical passport by making a request to the BTI;
• take confirmation from the local branch of the Unified State Register;
• conduct an independent assessment of the value of the inherited property;
• carry out work related to surveying the dacha plot and determining the actual boundaries and area.

Documentation and confirmation of the fact of use of the property are attached to the claim and submitted to the court. If the decision is positive, legal ownership is registered.

How to register a dacha by inheritance?

The death of a loved one is associated with the re-registration of documents and rights to property. Heirs have to deal with many specific procedures related to accepting the inheritance. Moreover, each object has its own legal subtleties. We will tell you how to inherit a dacha after the death of the testator in 2023.

The main one is the territorial location. Residential buildings are always located on the territory of a populated area. Dacha plots, in turn, are located on lands intended for gardening and vegetable gardening. In this regard, certain difficulties are possible.

Grounds for entering into inheritance rights

The inheritance process is regulated by civil law. In accordance with the provisions of the Civil Code of the Russian Federation, there are two ways to acquire rights:

1. According to a will executed by the testator during his lifetime. This document specifies all legal successors and their shares in the inheritance.
2. In law . Inheritance is carried out in accordance with the stipulated order, distributed according to the degree of relationship with the testator. This option is used if there is no will or it is declared invalid.

When inheriting by law, all successors are relatives of the testator. In the case of a will, family ties do not matter. The testator has the right to name anyone as an heir - any person, organization or state.

To start the re-registration procedure, the inheritance must be accepted. This can be done factually or formally.

The actual acceptance of the inheritance is certain actions on the part of the heir, which indicate that he intends to use the dacha for its intended purpose. Such actions include paying bills, cultivating a plot of land, making home repairs, etc.

Formal acceptance occurs by submitting an application to the notary who deals with the inheritance matter. This can be done independently or through a third party acting on the basis of an official power of attorney.

You can submit an application within six months from the date of opening the inheritance case (the date of death of the testator or the date of his recognition as deceased by a judicial authority). If the deadline for entering into rights has been missed, it can be extended by court. To do this, you need to justify the reason for the omission.

As a result of confirming the acceptance of the inheritance in fact or sending an application, the notary, after 6 months from the date of opening of the inheritance, issues a certificate of accession to inheritance rights. This is the main document required for re-registration of property rights to a dacha.

Documents for registering a dacha by inheritance

To accept an inheritance, you must provide a package of documents to the notary's office. Depending on the situation, the list may vary.

As a rule, the notary must provide:

• general passport;
• death certificate of the testator - issued by the civil registry office;
• a certificate of the last place of residence of the testator - issued at the territorial office of the Federal Migration Service at the place of registration;
• will – if there is one;
• confirmation of the degree of relationship with the testator (in case of inheritance by law) - marriage/birth certificate, certificate from the registry office;
• legal documentation for the dacha - an extract from the Unified State Register of Real Estate, a certificate of ownership;
• documents of title to the dacha (the basis for the emergence of ownership rights of the testator) - purchase and sale agreement, deed of gift, certificate of inheritance rights, etc.;
• technical documentation for the dacha;
• dacha valuation report - prepared by an independent appraiser to calculate the state duty or division of shares between the heirs;
• certificate of absence of encumbrances on the dacha (extended extract from the Unified State Register of Real Estate);
• documents of the gardening partnership, if the dacha is located on the territory of SNT.

What to do if there are no documents necessary to enter into an inheritance? In such a situation, the notary will make formal requests to government agencies to obtain the required information. The assignee can receive some of the papers on his own. For example, an extract from the Unified State Register is issued to anyone who wishes to do so by Rosreestr or MFC.

Is it necessary to register ownership of a dacha?

Since a dacha is real estate, to begin full ownership of it, you must go through the procedure of state registration of property rights. To do this, the heir must contact Rosreestr or the MFC at the location of the dacha plot.

The following documents will be required:

• general civil passport of the legal successor;
• certificate of entry into inheritance rights;
• title documents for the dacha;
• receipt of payment of state duty (amount in accordance with Article 333.33 of the Tax Code of the Russian Federation).

An employee of Rosreestr will check the documents, pick them up and issue a receipt indicating the preliminary date of readiness of the papers. The registration period is 5-7 working days from the moment the documents are accepted. On the specified day, you will need to appear again and receive the original papers and an extract from the Unified State Register of Real Estate, which confirms the existence of ownership rights.

What to do if the dacha is not privatized?

If the dacha plot is located on the territory of SNT or DNT, then the heir must contact the board and submit the appropriate application. Further actions depend on the decision of the board.

If the partnership makes a positive decision, the successor can privatize the country house under the dacha amnesty. If not, the issue will need to be resolved in court.

Dacha amnesty (simplified procedure)

Until March 1, 2020, Federal Law No. 93 is in force in Russia, which simplifies the procedure for registering dacha plots as private property. Among the population, this normative act was called the “dacha amnesty.”

You can use the simplified procedure if two mandatory conditions are met:

1. The plot was provided to the testator until October 30, 2001.
2. The land plot was provided to the testator for personal farming - gardening, planting a garden, etc.

In this case, the dacha plot can be privatized without carrying out boundary work and completing cadastral documentation. It is enough for the board of SNT or DNT to document that the suburban area is located on the territory of the partnership and is used for its intended purpose.

Judicial order

When it is not possible to take advantage of the dacha amnesty, you will have to apply to the judicial authorities with a statement of claim. To do this, you need to prepare a package of documents. You will need:

• extract from the Unified State Register of Real Estate – issued by Rosreestr or MFC at the location of the dacha;
• technical passport for a country house and assessment of inventory value - done at the territorial office of the BTI;
• boundary plan and technical plan of the site - ordered from Rosreestr;
• a document confirming the absence of tax debts is ordered at the territorial office of the Federal Tax Service.

The prepared package of documents and statement of claim must be submitted to the district court of general jurisdiction. In case of a positive decision of the judicial authority, further registration of the dacha takes place in Rosreestr.

How to inherit a dacha in 2023: documents

If a citizen owns property, he has the right to transfer it by inheritance or make a will. Privatization of such property is slightly different from the usual procedure. Today we will look at how to inherit a dacha.

Receiving an inheritance

The next of kin can receive the inheritance if the deceased owner did not write a will.
Parents, children, widow or widower must receive their part of the inheritance, as this is prescribed by law. The right of inheritance can be obtained in the following order:

1. The first priority includes a spouse, children or parents.
2. The second degree of kinship includes grandchildren, grandparents, sisters and brothers.
3. The third degree includes uncles and aunts.
4. The fourth degree includes citizens who lived with the owner before his death for five years.
5. The fifth includes the remaining relatives up to the sixth generation.

The heir can change the order of inheritance, but he will have to secure this with an agreement certified by a notary.

In the process of privatizing an inheritance, a person needs to go through several stages:

• Receiving notification of acceptance of inheritance.
• Collecting the necessary papers.
• Privatization of property.

In each case separately, additional steps may appear, depending on the lack of documents or other factors.

Registration of inheritance

1. Applicant's passport.
2. Certificate of ownership.
3. Cadastral plan.
4. Cadastral value of the house and land.
5. Extract from cadastral documents.

All listed documents are received at the BTI. Having presented the documents to the notary, he draws up a will reflecting the will of the owner.

The will can be amended as many times as the owner of the property wants. Only the last will will be considered valid.

At the very beginning, the heir needs to accept the property bequeathed to him. The process of taking ownership by law or by will is identical. How to enter into an inheritance? First of all, you will need the services of a notary. The specialist will require the following documents:

• Citizen's passport.
• A document confirming the owner's right to the dacha.
• Death certificate of the old owner.
• A document confirming relationship with a deceased citizen or a will.

In addition to these papers, a person is required to write an application for inheritance , which serves as the basis for opening a case. The notary does his job, which can have several options:

• In the absence of a will, the dacha is divided among all legal heirs in equal shares. In this case, you can obtain the right to inheritance only after six months have passed after the opening of the case.
• If there is a will, the owners of the house are considered to be those persons who are written in this document. If misunderstandings arise, they can be resolved in court.

receive a certificate of inheritance . After this, the property registration procedure begins. To do this, you need to contact the UFSGR with the following documents:

1. Applicant's passport.
2. Completed application.
3. Title document.
4. A certificate of inheritance received from a notary.

In addition, you must pay a and submit a document confirming this payment.

Paying taxes

Back in 2005, a Russian citizen was required to pay property tax. Now you don’t need to pay this tax, but there are some nuances.

The Tax Code, namely Article 217, states that property received by inheritance is not subject to tax.

This law applies to any heir, regardless of his degree of relationship.
However, if the heir, within three years from the date of receipt of the inheritance, wants to sell the property transferred by inheritance, then he needs to pay income tax.

It is calculated as 13% of the sale amount.
Although inheritance tax is not paid, there is another mandatory payment - this is state duty. This amount is different for each person, it depends on the degree of relationship.

Since 2018, the amount of state duty is calculated in two ways:

• For first degree relatives. These include brothers, sisters, children, parents and spouses. They pay 0.3% of the property value.
• For other persons, a rate of 0.6% of the amount of property is applied.

According to the law, heroes of the USSR and Russia, participants of the Second World War, and holders of the Order of Glory are exempt from paying state duty. Also, this payment may not be paid by those persons who continue to live in the house after the death of the owner of the dacha.

Registration of non-privatized property

• Contact the Unified State Register to receive an extract.
• Write an application to the BTI to obtain a technical passport.
• Get a home appraisal. This service is provided by BTI or a separate company.
• Go to court to recognize the legal right to property.

If the court rules in your favor, then based on this decision you will be able to privatize the property.
Often, summer cottages belong to a gardening partnership, so the heir needs to come to this organization and ask to join its ranks. If a person is accepted into a partnership, then he can privatize the house in accordance with the “dacha amnesty” law.

Dacha amnesty

If you can take advantage of the dacha amnesty, then you don’t need to worry too much about how to inherit your dacha. This procedure is not difficult to carry out. The state extended this law until the spring of 2018. Thanks to it, a person can quickly and in a simplified form register property. However, summer cottages must meet the following requirements:

• To be transferred to the owner before 2001.
• Have a specific purpose, namely, for running a personal household, for gardening or gardening.

If your plot fits this description, but you do not have a cadastral passport, then fill out a special declaration and submit it to Rosreestr.

It is important to write down details about your property in order to register the built house on the site.

Expenses for accepting an inheritance

As already mentioned, previously, it was necessary to pay tax on the acquired inheritance. Since 2006, this law has been repealed. This rule applies to both a dacha and an apartment received by inheritance. Also, the degree of relationship between the heir and the person transferring the property does not matter.

You only need to pay land tax if the heir who entered into the inheritance wants to sell the received property within three years from the date of ownership of the property. Then he needs to pay 13% of the sale amount. Moreover, before paying the tax, such a citizen must submit a declaration in Form 3-NDFL to the tax office.

This must be done within the established time limits specified in the Tax Code of Russia; otherwise, a fine will be imposed on the citizen.

In case a person wants to sell the property after three years, then there is no need to pay tax on the sale.

For example, a notary opens an inheritance case for 1000 rubles. To obtain a certificate of appraised value and a cadastral passport, you need to pay somewhere from 2,000 to 15,000 rubles. If you need any more documents, then you will incur even greater costs.

In order for a notary to issue a certificate of ownership to a close relative, he needs to pay 0.3% of the value of the property received. A rate of 0.6% is applied to other citizens.

Moreover, the notary will have to pay 5,000 rubles for legal and technical work.

Not everyone is required to pay the state duty; heroes of the USSR and Russia, holders of the Order of Glory and participants of the Second World War are exempt from paying it. Also, the state duty is not paid by persons who lived with the owner of the property before his death and continue to live there. Additional costs may be incurred if you go to court.

Dacha as an inheritance - how to register?

A dacha is a separate type of property that has its own differences. The concepts of “country house” and “dacha” are usually separated; the difference lies in the purpose of these buildings and the purpose of the land on which they stand.

Usually, a “dacha” is understood as a building that is located outside the city and is intended for recreation and gardening. For the purpose of developing horticulture and agriculture, horticultural organizations and partnerships were created; on such lands, buildings qualify only as “dachas”.

Currently, few people keep summer cottages for farming and more use a piece of land and a house for relaxation with the family, but this will not make this building a “country house”. Residential country houses are always located in populated areas, and summer cottages are located on lands in the recreation and gardening zone.

Once the type of building is determined - a dacha, you can proceed to the procedure for registering a dacha as an inheritance. You can learn how to correctly carry out the registration procedure from this article.

Registration procedure

In order to open an inheritance case after the death of the testator, it is necessary:

1. Personally or in absentia, notify the testator or the notary at the place of residence of the deceased by a statement of the notary of the need to open an inheritance case;
2. Collect documents, which we will talk about later.

Heirs must contact a notary no later than 6 months after the death of the testator. If the heirs of the first priority do not contact the notary in the first 6 months, then the inheritance period will be overdue, and the heirs of the next priority will receive the right to inheritance.

When the notary has carried out all the necessary procedures for opening the inheritance, it can be accepted by the heir. After the inheritance is accepted, the heir receives a certificate of inheritance; now it will be necessary to register ownership of it.

Registration of the certificate

Entry into inheritance begins with its acceptance. It happens that the deceased did not include all the property in his will, and forgot about the dacha. Then the heirs will have to independently include the dacha in the inheritance estate.

To do this, you need to notify the notary about the existing property of the deceased that is not described in the will and confirm it with available documents. Supporting documents can be: a certificate of ownership, a purchase and sale agreement, donations, exchanges and others.

Having checked and accepted the documents, the notary opens the inheritance case and gives the heir recommendations on his further actions, and issues a certificate of inheritance.

Documentation

After the death of a person, his heir applies to the notary at the location of the property with an application to accept the inheritance, presenting the following documents:

• death certificate of the testator;
• a certificate from his last place of residence;
• your passport;
• documents confirming kinship (in case of inheritance by law) or a will (in case of inheritance by will).

Registration of ownership

As soon as the heir has received a certificate of inheritance from the notary, he can begin state registration of ownership of the dacha. Registration takes place at the Department of the Federal Service for State Registration, Cadastre and Cartography.

When contacting the territorial division of this service, you must provide:

• heir's passport;
• title documents for the dacha;
• certificate of inheritance.

In order to obtain a certificate of ownership, you must attach to the documents an application and a receipt for payment of the state fee for registration of rights.

Approximately a month from the date of filing the documents, the heir can receive a certificate of state registration of the right and will become the legal owner of the dacha.

Registration cost

By Decree of the Government of the Russian Federation of January 1, 2006, the tax on inheritance of property was abolished; now the inheritance tax is not charged. But at the same time, the heir will still have to incur considerable costs. The fact is that a state fee is also charged for notary services.

It is established at the legislative level and cannot be reduced. The cost of notary services is proportional to the cost of the dacha, so you will have to conduct an assessment of the property, which is usually also paid.

There are different groups of heirs for paying taxes. Depending on the belonging to a particular group of heirs, the amount of state duty also changes.