How to register a house at a summer cottage and what documents are needed for registration. How to properly draw up documents for a plot, house and country buildings
How much does registration cost country house on the land plot? How to arrange private house property? Where to order services for decorating a house in SNT ownership?
Good afternoon, dear readers of the HeatherBober magazine. With you Valery Chemakin - a legal consultant.
You decided to build country cottage or a summer cottage on your own land, but do not know where to start and how to register the house in ownership? No problem. If you familiarize yourself with the rules for registering ownership of Vacation home then everything will go smoothly.
After reading the material to the end, you will have a good understanding of how this is done. At the end of the article, I will give an overview of 3 companies that provide registration services country house the property.
1. Why register a house and when is it necessary?
If you have a land plot, and you decide to build any structure on it, then do not rush to do it. First, familiarize yourself with the legal side of this issue.
The fact is that a lot depends on the category of land on which you are going to build. If it is a garden plot, then a building permit is not required to erect an object on it. Making a house on a garden plot into ownership is also not necessary, although it is desirable.
When constructing real estate on a land plot intended for individual construction, you will first need to obtain permission for this from the local authorities. It is the responsibility of the developer to register the newly built residential building in ownership.
Legally, a building does not exist if it is not included in a single State Register real estate (USRN). Therefore, you cannot sell, exchange, donate, or leave such a house to your children. Rosreestr is the state body that administers the USRN. This is where you should contact for.
Example
One of my acquaintances "inherited" a house in the village. His deceased grandfather lived there his entire adult life, but he never took ownership of the site and buildings. The house was not very big, and even old.
Nevertheless, there were people who wanted to buy it. However, an acquaintance could not conclude a purchase and sale deal with them, since he did not have any documents for the building.
As a result, I had to start everything from scratch: look for witnesses, raise house books, archival data. Only this made it possible to legalize the site and the house. As a result, the proceeds from the sale were barely enough to cover the costs.
I will add that it is also necessary to re-register the property when building an extension to a private house and in the event of its reconstruction. In addition, not only new houses are subject to registration, but also purchased old real estate.
2. How much does it cost to take ownership of a house?
It is quite difficult to answer this question unequivocally. The fact is that the cost of registering a new home in ownership depends on many factors. This is not only a state duty, but also related costs for various legally significant actions.
Factors affecting the registration of a newly built house in ownership:
- category of the land plot;
- the presence or absence of the need for work on the part of the BTI;
- whether or not the land plot is properly formalized.
Now I will explain in more detail how these factors affect the cost. Since during the construction of a summer house on the territory of a gardening society, measurements are not required, a technical passport, a cadastral plan for a building is not needed, then there is no need to spend money on BTI services. The state duty for registration of a country house in ownership is much less than for the registration of a full-fledged housing.
If before the start of construction it was not carried out (read about the procedure for this procedure in our separate article), then you will have to spend money on this as well. Calling cadastral engineers to carry out land surveying will be quite expensive.
3. How to register a house in ownership - 5 easy steps
The procedure for registering a house in ownership depends on its type. It is much easier to register a dacha than a full-fledged country house. Next, we will analyze the various cases in more detail and step by step.
The information will be especially relevant for those who wish to independently deal with the registration of a house in ownership, for example, through the Multifunctional Center (MFC), whose specialists help to carry out any.
Step 1. Collecting documents
Today, many people prefer to build residential houses for year-round living in summer cottages, not only because it is cheap, but also because it is much easier to register such a house in ownership.
Much less paperwork will be required, and no coordination with the authorities in the municipality is required. This is especially true of those who formalize the ownership of a house under a dacha amnesty.
Documents for registering a summer residence:
- the passport;
- receipt or check of payment of state duty;
- documents for the site;
- a special declaration for the simplified registration of a country house in ownership.
Requesting other documents during and registration actions is possible only if there are any doubts about legal purity at the registrar's house.
Documents for registration of a residential building in ownership:
- sales contract or other document confirming the transfer of ownership to you;
- building permit;
- technical passport for the house;
- cadastral passport for the site and all buildings;
- own passport;
- available administrative documents of local self-government bodies for the lease of a land plot;
- documents confirming the ownership of land;
- check or receipt for payment of state duty.
Please note that if your land plot was not registered with Rosreestr before the construction of the house, then it will be registered together with the house. In this case, documents will need to be collected for him. If the object was purchased, then you will also need a previously issued certificate of ownership of the house of the former owner.
Step 2. Contact the state registration service at the place of residence
After you collect all the documents, you need to go to Rosreestr or the MFC. These are exactly the institutions in which, according to the law, you can submit documents for registration of real estate.
Which one to give preference to, you choose. However, I will say that contacts with the MFC are more comfortable, since all conditions have been created in these centers for high-quality provision of public services.
Please note that in some cases it is necessary to contact a notary before visiting these institutions:
- when registering the ownership of a house inherited by inheritance;
- if you are registering a house that was previously in shared ownership.
In these cases, it is necessary to attach to the package of documents an agreement certified by a notary, or a certificate of inheritance.
Step 3. We pay the state fee
Paying the state fee is a simple matter. We deposit the required amount at the cash desk of any bank using the available details or on our own in self-service terminals.
By the way, there is always such a terminal in the MFC premises, and an employee will help everyone who does not know how to handle this technique. We attach a copy of the receipt or check to the package of documents, not the original.
Step 4. We receive a receipt for the acceptance of documents
Whichever body you did not apply to, after receiving and checking the entire package of documents, a receipt will be issued indicating the date of receipt of the result. In addition, you will find the application number in it. It is needed to check the current status of the execution of your request on the Rosreestr or MFC website.
I will answer right away that the timing of registration of a house in ownership depends on where you submitted the documents. At the MFC you will have to wait 2 days longer. The terms also depend on the method of concluding the purchase and sale agreement. If you did it at a notary, then after submitting the documents to Rosreestr, you will receive the result in 3 days. In general, this will take 7 days, and in the MFC - 9 days.
Step 5. Obtaining a certificate of registration
The new law, which came into force in January 2017, completely abolished the title deeds. Now they are really not needed. The fact is that all real estate is registered in the USRN. Anyone who wants to get information from this registry. Therefore, the need for multi-colored, expensive for the budget pieces of paper has completely disappeared.
Today, this is a change in information about the owner in the USRN or the introduction of information about a new object in the case of registration of a newly built or unfinished house in the ownership. Therefore, you will be given only an extract from the USRN with your last name.
4. Assistance in registering a house in ownership - an overview of the TOP-3 companies for the provision of services
If you don’t want to walk on government agencies, collect documents, tinker with land surveying and cadastral registration, use the help of commercial organizations.
Today it is not so difficult to find a company that provides such services. The only thing that is required is to write a power of attorney for the registration of the house in the ownership of a notary for a representative of such an organization. Here is an overview of 3 companies that, in my opinion, have good experience in such matters.
1) Jurist
Suppose that you are ready to independently submit documents to Rosreestr, but do not know how to do this and what documents are needed in your particular case. I recommend that you contact Pravoved. This firm provides legal consulting services via the Internet and even by telephone.
You don't even need to go anywhere. It is enough to visit the site of the same name, write down your problem with details in the feedback form and wait for an answer. If you pay small amount, about 700 - 800 rubles, then you will be provided with a detailed answer with step by step instructions... General information is given free of charge.
This will help you do everything yourself. necessary actions without spending money on services. Read about this in our feature article.
The resource specialists are aware of all changes in the rules for registering a house in ownership, therefore they will give you the most relevant information. If necessary, through the same form, you can hire a lawyer to collect documents and other actions in your city.
2) Vita-House
This company deals with legal issues in the field of private housing construction. It employs not only lawyers, but also specialists in the field of cadastre, geodesy, cartography. All of them in the complex are ready to provide services for decorating a house and a land plot in the ownership of a client.
The cost of services for the preparation of all documentation is 33,500 rubles. If we add to this the registration of ownership, then the amount will increase to 40,350 rubles. Agree, this is not so much, especially in the absence of documents for the site and the house.
Company Services:
№ | Name of service | Description of the service |
1 | Registration of a house in ownership, including through a court | Collecting documents and sending them to Rosreestr, filing a claim and representing in court |
2 | Registration of ownership of a house in a village or a summer residence in a garden society | Collection of documents for the procedure under the dacha amnesty |
3 | Formation of a technical plan for residential or non-residential premises | Departure of engineers on site, taking measurements, creating a plan in paper and electronic form |
4 | Geodetic reference to the land plot of buildings and structures located on it | Geodetic survey of the terrain, determination of boundaries, binding the house to coordinates on the ground |
5 | Drawing up an inspection report in the event of the disappearance of an object | The document is required to remove real estate from the register in the event of its physical destruction as a result of fire, natural disasters or demolition |
In addition, the company's specialists will help to legalize construction projects under the dacha amnesty, which is valid until March 1, 2018, and will provide services for. Read about it in our special article.
3) Moszemkom
The cost of decorating a house in this company starts from 20 thousand rudders, which is much lower than that of competitors. At the same time, the range of services is quite wide. When you contact you, you will receive an initial consultation with an expert in the field of housing law, with whom you will discuss all the nuances. He will also announce to you the final cost of the service.
After that, you can conclude an agreement and prepare notarized power of attorney to one of the company's lawyers. Specialists will carry out all the necessary work - both legal and purely technical. The result of the provision of the service will be your receipt of an extract from the USRN, in which you will find your surname in the column "owner".
Here I propose to watch a video about a real case of decorating a house from words an ordinary person.
5. How to speed up the registration of a private house in ownership - 3 useful tips
The current legislation has already established very short terms for registering real estate objects. However, in order not to delay this matter yourself, you need to follow some rules. First, decide if you are eligible for some kind of leniency.
Today, for some categories of citizens, there are programs according to which houses are registered as property on preferential terms. To inquire about them, contact the property department in your municipal structures. The specialists dealing with this issue will help you to prepare all the documents quickly and without any problems.
Tip 1. Use the services of intermediary companies
Your contact with a company that provides intermediary services for the registration of property will significantly speed up the process of collecting documents.
Having rich experience in this matter, specialists will carry out the entire procedure much faster than you yourself. Contacting a law firm guarantees that you will not be denied registration, since all documents will be checked, and in case of inconsistency, corrected.
Tip 2: Apply for a Certificate Online
A great opportunity to save time is to apply for registration through the State Services website. To do this, you need to register on it and go through authorization in one of the certification centers. Documents received through the State Services portal are processed in Rosreestr in the first place.
The dacha amnesty, which makes it possible to simplify the ownership of an unauthorized building, was extended several times. Due to the high demand for the service, the state has extended the terms until 2020, but last year there were significant changes regarding the required documentation. We find out how it is happening in the current year, 2018.
In this article
Why do you need ownership?
Many citizens have been using their site in SNT for several years, building there country houses, sheds and garages. Some owners set up summer cottages on their garden plot, which belongs to them by law, and do not think that the building also needs to be registered, because it is located on their land.
Problems do not arise immediately, but when it becomes necessary to dispose of the building - to sell, donate or bequeath. It is impossible to do this without title documents. The local administration may decide to liquidate the squatter, it will be necessary to urgently prove that the building has an owner not just in fact, but also legally.
For the convenience of citizens, in 2006, a federal law on "dacha amnesty" was adopted, which originally expired in 2010, then was extended until 2015, and now until 2020.
It is necessary to start registering the rights to the constructed dacha as soon as possible, because the process itself can take more than one month and will not be cheap, especially in connection with the changes in the law on the “dacha amnesty”. When the house has to be urgently sold or protected from demolition, there may simply not be enough time for paperwork.
Required Documentation
To, you need the following documentation.
![](https://i1.wp.com/consultantor.ru/wp-content/uploads/2018/03/6ye6e6ee-1-e1520621523636-300x169.jpg)
Until 2017, the documentation package was shorter and easier to build. The cadastral passport and technical plan were not needed, instead, the citizen simply filled out a declaration with detailed information about the structure. Now, due to a change in the procedure for implementing the law, the deadlines for processing documents and the cost of work have significantly changed.
The innovations were included in the law for the reason that some owners indicated false information about their construction. For example, they could enter a different area from what they actually have in order to pay a lower property tax. If an unregistered building is found, its owner will be obliged to pay a fine.
Pay attention to paragraph 3. To take advantage of the dacha amnesty, a citizen must have papers confirming his legal right to the ground. It can be:
- lease agreement;
- the right to perpetual ownership of the site;
- certificate of ownership of the allotment;
- a document authorizing the use of the site on the territory of horticultural associations.
If the land was appropriated by self-seizure, then before registering the ownership of the building, it is necessary to obtain the rights to the land area. To do this, you need to conduct a land survey of the allotment, register it with the Cadastral Chamber and obtain legal papers for the territory. Much depends on who originally owned this land and under what circumstances the current owner began to use it.
Stages of decorating a garden house
If everything is in order with the right to land, you can begin to register the ownership of the house. To do this, you need to collect a package of required documents, and you should start by contacting the BTI.
Can be broken down into several steps. First of all, you need to contact the bureau of technical inventory and invite a cadastral engineer to the garden area. The specialist will draw up a technical plan for the structure. It will take:
- from 30 days;
- from 3 thousand rubles, the amount depends on the region, the location of the building, the area of the house.
After the technical plan is in hand, you should make an appointment at cadastral chamber, put the house on record and get a passport according to the cadastre. This will take 20 business days.
- 5 working days;
- 750 rubles - if you need an extract in paper form;
- 300 rubles - if you need an electronic statement.
When all the technical documentation for the building and title-confirming papers for the land are in their hands, the citizen who is registering the dacha in ownership will need to make state fee. Its size is 2,000 rubles.
With the collected package of documentation, the owner of the cottage needs to come to one of the multifunctional centers of the city. To register at the MFC, it is convenient to use the services of their website. You can directly contact the Rosreestr branch, but electronic queue at the MFC will help to avoid real queues, and the staff will help with filling out the application, because the outcome of the case depends on the correctness of filling out the application.
After the authorized employee checks the availability of all documents and the correctness of their completion, he will accept them for consideration, issue a receipt and say when you can come for the documents, and the future owner will only have to wait for a decision. When the documents are ready, the owner will receive an SMS notification.
The processing time for an application for ownership in Rosreestr takes up to 20 working days. If you submit papers through the MFC, the term will increase by a couple of days. Unfortunately, submit your documents to in electronic format impossible, you only need a personal presence.
In 2018, the format of ownership certificates has changed. Now such a certificate in paper form is not issued on hand, but is an electronic document that is contained in a single real estate database. If the owner needs paper confirmation of his rights, he can request a simplified extract from Rosreestr.
Registration of the right of ownership is a mandatory procedure if the owner wants to dispose of his dacha in full. This document is a guarantor that the rights to use, disposal and security of property are legally secured.
According to the legislation of the Russian Federation, registration of a country house in ownership is not mandatory. However, suburban real estate that is not properly registered is formally in the hands of the state. So country buildings urgently needs to be legitimized.
legal information
From January 1, 2017 entered into force new law O state registration real estate... On its basis, the procedure for registration of ownership of country houses has changed.
From 2018, a unified state will be formed. real estate register. This will entail complicating the procedure for registering property rights.
To obtain a certificate, you will need an extract from the USRN. The new state body will combine 2 instances: the state real estate cadastre and the state. register of rights.
At the moment, for the privatization procedure, it is required to provide a technical plan (previously, a declaration was sufficient). There is no need to invite cadastral engineers - just contact RosReestr or MFC, submitting the necessary documents.
List of required documents
In order to register a summer cottage, you will need to submit to RosReestr (or any MFC) documents confirming ownership:
- Application completed according to the sample.
- A receipt for payment of the state duty (details can be written out at the organization's information stand, or on the official website of RosReestr).
- A document defining the boundaries of the land plot on which the house is located.
- Applicant's passport.
- All the necessary cadastral documents for the land and the house (and other buildings, if required by law).
- Certificate of ownership of a summer cottage.
The collection of documents can be handled by a representative of the owner, if a notarized power of attorney is issued for him.
If the type of house does not require a building permit (it is better to check with the cadastral engineer), then you will need to provide a declaration and a document that confirms one of the facts:
- owned land;
- the allotment was received for unlimited use;
- the site was provided for life-long possession (donation agreement).
Obtaining title documents
If there are no documents of title (lost, or did not start at all), then you need to contact the local self-government body (mayor's office, village administration, etc.). An application is submitted there with a request to issue the specified land plot (with buildings) into legal ownership. In most cases, applications are processed within 2 weeks.
If the answer is yes, the person is issued a certificate that the allotment has been transferred for perpetual use. With this document, the further procedure for registration of ownership will be carried out. The full address of the land plot must be provided to the local administration. To obtain accurate information, you need to contact the chairman of the dacha association (association).
The new owner may be forced to pay the arrears of contributions from the previous owners. This is contrary to the land law, which says that payment of contributions should only be made from the moment registration is completed.
To draw up the document, the board meets, during which the exact location of the land plot is clarified, and the fact that it is officially assigned to the citizen.
Registration is possible on the basis of a gardening book (obtained upon purchase). As a result, the chairman issues a document (necessarily with a seal), which states that the applicant is a member of a partnership and uses the site without violating the laws of the Russian Federation or the regulations of the charter (if we are talking about SNT).
Step-by-step instructions for registration
The first step is to visit the bureau of technical inventory. It provides services for the design of various technical documentation for buildings of all types.
The owners of country houses are obliged to register their real estate in the cadastral register. A simplified inventory system operates for them, which only requires filling out a declaration indicating all the characteristics of the building.
The second step is to contact RosReestr with a prepared list of documents. You can also contact the MFC, its employees will send all the necessary papers to government agencies.
If one of the owners is an incapacitated (or underage) person, a power of attorney and permission from the guardianship authorities will be required to represent his interests.
After accepting the package of documents (and verifying it), the registrar will issue a receipt and notify the date of issue. If, when filling out the application, a mobile phone number was indicated, an SMS notification will be sent to it.
The term for registration of ownership of a country house is 20 working days. Delays can occur if government bodies it was not possible to confirm any information (the address is incorrect, the boundaries of the site, etc.).
All documents can be sent to RosReestr by mail, saving yourself the need to visit state structures... In this case, each page must be notarized.
Also, the sender must be sure that all the forms are filled out correctly, since in case of mistakes, the registration process will be delayed (the decision of the state body indicating the errors will go on within 3 months). Therefore, this option is permissible only with the participation of a specialist.
On the video about the registration of the dacha in the property
Conclusion
Until January 1, 2018, a simplified system (with minor adjustments) of registration of country houses in ownership is in effect. In the future, the process will be complicated by the need to obtain a building permit (for any buildings), and this often causes a number of difficulties. Therefore, it is optimal to tackle the registration process in the current year.
Dacha amnesty is the term that defines simplified system of registration of ownership property that the citizen is already actually using. The procedure is regulated Federal laws №47 (from 28.02.15) and №93 (from 30.06.06).
Links to all laws as amended:
It was originally supposed to be valid for only 5 years, but the deadline for registration has already been postponed three times. According to Rosreestr, since 2009, the amnesty for summer cottages has helped 10.5 million citizens, which confirms the demand for the program.
According to the law, facilitated registration applies to:
- Land.
- Capital and outbuildings built on them.
Dacha amnesty after March 1, 2018
The law has changed several times since 2006. The changes made require:
- Simultaneously with registration, place a plot or building for cadastral registration.
- Since January 1, 2017, documents are being processed based on technical plan- a document made by a cadastral engineer.
- Additionally needed land ownership documents and building permit... Until 2017, buildings were registered on the basis of one declaration.
Dacha amnesty extended until 2020
02 February 2018 The State Duma of the Russian Federation in the 3rd reading adopted a draft on amendments to Federal Law 93 on dacha amnesty. They come into force on February 28, 2018. The extension of the dacha amnesty was also supported by the President of the Russian Federation, the program is valid until March 1, 2020. Real estate rights can be legalized with a minimum of documents. For temporary buildings and structures that are not suitable for permanent residence, you do not need to issue a building permit.
After completing the program for real estate registration the procedure will become much more complicated... The registration chamber will deal with cadastral accounting.
Pros and cons of registration
Arguments for":
- The registration procedure is simplified as much as possible: there is no need to carry out additional examinations. Enough of the collected package of documents and the initiative of the owner. For paperwork, only a fixed fee is paid - 350 rubles.
- From land tax the owner is not released in any case. It's easier to register property and sleep well.
- The ability to freely dispose of your property.
Arguments against":
- Tax evasion is an imaginary economy. If the object is identified, you will have to pay a fine, or even a double land tax.
- You cannot make any transactions with unregistered objects: donate, sell, take out insurance. Difficulties will arise when entering the inheritance.
- After 2020, the procedure for the legalization of "squatter" structures at the sites will become more complicated.
How to register a house under a dacha amnesty
To register ownership, you can send documents online by registering on the Rosreestr website. It is also convenient to interact with the MFC - multifunctional centers where documents can be brought in person.
Find your nearest Multipurpose Center on the map:
Or you can send a letter by mail, attaching a list of papers and ordering a notification. Registration under the dacha amnesty will not take much time. The certificate will be sent to the Rosreestr archive, and a simplified extract will be issued to the owner.
Check, is the object registered in the cadastre, can be found on the Rosreestr website in the "Reference Information" section by entering the address of the object. If there is no information, you will have to collect documents in order to register.
Documents for the dacha amnesty
The legal procedure is carried out by the bodies of Rosreestr.
Required package of documents:
- Statement.
- Cadastral information about the allotment and buildings.
- Documents of title (document on lifetime use, inheritance, sales contract, decision of the local council, and others).
- A check confirming payment of the state duty (350 rubles).
- Passport, TIN.
We provide examples of all these documents below.
Application form for dacha amnesty: Declaration of immovable property
Sample of filling out the declaration:
Cadastral passport of a land plot (what the document looks like, example)
Certificate of state registration of the right to a land plot (what the document looks like, example)
Details of the ROSREESTRA CENTRAL APPARATUS for payment of the state fee
TIN 7706560536 / KPP 770901001;
Interregional operational UFC (Rosreestr);
Bank name: Operations Department of the Bank of Russia, Moscow 701;
BIK 044501002;
count. No. 40101810500000001901;
OKTMO 45381000;
KBK 321 1 08 07 020 01 1000 110
Before paying the state duty, check the data on the Rosreestr website
Important! From January 2017, the owner of the land plot must provide a technical plan. This is the competence of cadastral engineers. The specialist must have permission from the SRO to draw up a technical plan - you can check this information on the Rosreestr website.
The procedure for decorating a house in SNT
It is easier to register a house in gardening, if it belongs to a partnership or cooperative, in local governments. How to arrange a garden house under the dacha amnesty:
- Obtain a building permit. First carried out topographic survey and an application is submitted for registration urban planning land plot - the procedure will take up to 30 days. If everything is in order, the SPOZU (land plot scheme) is performed - it must be submitted to the MFC and an application for a permit should be written.
- The second stage is the preparation of a technical plan. This is done by a cadastral engineer in the BTI or a private company - it does not matter. The main thing is that the specialist has permission from the SRO for this type of activity.
- Collect documents of title to the site.
- Fill out an application for registration and cadastral registration. Documents are submitted to the MFC (in person or by mail). Wait 10-12 business days.
- Attach a receipt for payment of the state duty (350 rubles).
On average, registration takes 2-3 months.
How to register a plot under a dacha amnesty
How to register land under a dacha amnesty:
- Collect a package of documents: cadastral information about the site, documents of title to the land, pay the state duty.
- Cadastral certificates are not required if: the allotment has already been registered, the site has been allocated by the partnership and a certificate from the board of the organization is attached (indicating intended purpose land).
- Submit documents to the MFC, write an application for registration.
- The clearance will take 10-15 days. During this period, specialists must check the reliability of the information, enter the data into the database, and identify possible owners.
You can register a site for the first time free of charge. Then registration will take place on a paid basis.
Sometimes the owners get refusal The most common reasons are as follows:
- False information about the boundaries of the site.
- Incorrectly specified parcel size.
- The changed purpose of the land plot.
Most disputes are resolved by re-issuing documents. It is necessary to visit the municipality and make an extract from the business book. If it does not contain information about the allotment, the property will not be registered. We'll have to buy our own land.
How to arrange a bath
It is possible to issue a bathhouse under an amnesty if the structure is capital. If the building has a foundation, it will be difficult to transport it, it is better to register it. When expanding or rebuilding a structure, changes must also be made to the documents - so that there are no questions about the legality of the object. It is not necessary to register sheds and saunas without a foundation. By law, the owner of the site has every right to build temporary buildings. If you decide to arrange a bath, you need:
- Obtain a technical plan from a cadastral engineer.
- Contact the MFC.
- Pay the state fee, fill out the registration application form.
- Take your passport with you.
- Registration will take 10 business days.
What happens if the house is not registered as a property?
The registration procedure after the end of the amnesty will be more complicated and more expensive. You will have to obtain permission to put the building into operation. For this, a commission of specialists is being formed. The document will be issued only if all construction regulations of the facility are observed. Then - visit registration chamber for cadastral registration. And only then drawing up the technical plan and visiting the MFC. At least 2 months longer and obviously more expensive!
Important! Without registration of real estate, a person will not be able to dispose of his own property: exchange, sell or inherit.
Third extension of the law promises to be the last, therefore, persons who did not have time to take advantage of the dacha amnesty should hurry up.
What buildings on summer cottage due for registration in 2017? Let's look at this issue in detail.
Each summer resident, in addition to a house in the garden and in the garden, has sheds, baths, change houses, garages, utility blocks, toilets, summer kitchens. A permit for their construction is not needed in the following cases:
- If these are awnings, kiosks that are not objects of caps. construction;
- If objects were changed cap. construction, their parts, reconstruction was carried out, cap. repair;
- Facilities for auxiliary purposes were built;
- A garage was built for personal use without doing business.
You can register the right to the presented objects according to the cadastral passport or declaration. It is not necessary to obtain documents for a permit for the construction and commissioning of structures under the dacha amnesty in the presented options. It will be possible to design buildings in a simplified manner.
You can register the right to buildings according to the cadastral passport or declaration
To register houses and buildings under the amnesty, summer residents will have to hurry. The terms of the offer are limited, if the objects are not completed in a timely manner, taxes on them will increase.
Recall that the amnesty has been in effect since 2006. It makes it possible to use the filling of the declaration in a simplified manner. And it covers:
- Land plots used for vegetable garden or gardening;
- Country, garden houses;
- Residential buildings on personal plots allocated for individual construction;
- Non-capital buildings;
- Gazebos, baths, households. blocks;
- Garages.
Do I need to register them? Yes, you do if you want them to be your property.
How to register real estate under the dacha amnesty (video)
Declaration of real estate: studying the pitfalls
Registration of buildings on the site must be completed as quickly as possible, since the terms of the amnesty have already been postponed several times. At the moment they are as follows:
- Lands for individual housing construction and objects on them in ownership should be registered before March 1, 2017;
- Small buildings on the plots can be issued before the end of 2020.
At the same time, it should be understood that it is better to design buildings and a site at the same time. It is much more convenient.
Registration of buildings on the site must be completed as quickly as possible, since the terms of the amnesty have already been postponed several times
Features of the design of a country house, a bathhouse, and other garden structures in ownership in 2017
You can arrange a bathhouse, a garden house, and a number of other buildings in 2017 without collecting a large number of documents. But some of them are still required:
- Land documents.
- Cadastral plan of the land.
- House cadastral passport.
- A receipt confirming that the state fee has been paid.
- Those. passport of the property.
- Citizen's passport.
The presented list of documents is needed for individual housing construction. To register buildings in garden and summer cottages, you must provide a technical passport.
You can arrange a bathhouse, a garden house, a number of other buildings in 2017 without collecting a large number of documents
What should be done after collecting documents? Contact cadastral engineers. They will carry out all the necessary measurements, tie the object to the land plot, make those. the passport. The cost of engineering services is determined as about 10 thousand rubles, but the final cost is calculated depending on the area of the object.
Important! Those summer residents who have erected buildings on land plots for individual housing construction will pay land tax with a double accrual rate. A 2-fold increase in the tax for those citizens who have built buildings with an area of more than 50 m2 is also being discussed.
It is worth noting that if you do not have time to register land and buildings on a land plot, you will not be able to inherit, sell, insure and donate them. Therefore, you should take advantage of the dacha amnesty.
After collecting the documents, you need to contact the cadastral engineers, they will carry out all the necessary measurements, tie the object to the land plot, make those. the passport
Legal increase in the land plot
It is possible to enlarge the suburban area by means of registration of the so-called "cut-offs" - lands occupied without permission. Previously, such actions were prohibited, but the owners of the site still set up fences in someone else's territory. Now, if the sidelines were attached a long time ago, they can be formalized for a small fee.
The new rule allows you to issue only those cut areas that were previously municipal or state. Also, land that goes beyond the red lines and is public land cannot be registered. You can find out if the red lines are located in the administration or on the website of the district administration. The web resource should have a map showing the boundaries and lines.
Only the owner of the plot who runs a subsidiary farm on it can ask the question of registration of the cut-off. personal plan, suburban, horticultural or horticultural economy. In this case, the area of the attached land will be limited. The cost of cutting in each case is determined individually. It depends on the price of the plot to be added, its area and cadastral value.
It is possible to increase the suburban area by means of the design of the so-called cut-offs - lands occupied without permission
The cadastral value can be found in a special chamber. It would also be correct to send a question about the value of land to Rosreestr. In any case, the cost of cutting will cost less than the market value. In most cases, you will have to pay 15% of the actual market value.
So, if you built something on someone else's unoccupied land located next to your site, you should contact local government... Moreover, in the absence of a land-surveying project, you will have to order it from a cadastral engineer yourself.
Then you must submit the land registration documents to the authorized body. He independently decides whether to carry out the registration or refuse you. A refusal can be received because the land is supposed to be built up by the state or they fit into the category of public land.
If the decision was made in your favor, you can draw up the documents. At the same time, the citizen is obliged to pay for the work on the redistribution of the cadastre in all areas that he affected as a result of land surveying. It will cost him from 10 to 30 thousand rubles.
After the cadastral passport is issued, it is taken to the authorized body. It will be necessary to pay for the land received within 30 days.
Dacha amnesty: changes in legislation (video)
Features of assigning an address and registration
How to register in the country? To do this, naturally, the house must be registered. Wherein:
- The land and buildings on the site must be in personal ownership.
- The applicant must not have another place of registration.
- The object must be located in the territory of the settlement.
- The house must be suitable for off-season living.
- There must be a decision of the judicial authority on registration in the allocated territory.
To register at the dacha, the applicant should not have another place of registration
TO country houses there are also certain requirements. This should be an individual house, the height of which is no higher than three floors and one family lives in it. To register in it, you must comply with the following requirements:
- Conducting an independent examination, establishing the possibility of living in the building. For this, the foundation and walls must be undamaged, the communications carried out must comply with the established standards, the walls must be insulated and water protection must be installed;
- The land must be allocated for gardening;
- The location of the building on the lands of the settlement and the existence of a minimum of necessary infrastructure;
- The house must be registered with Rosreestr;
To register with the migration service, you will need to submit:
- House and land certificates;
- Technical documentation for objects;
- Payment documents;
- Power of attorney from a notary, if a representative is involved in the procedure.
There are also certain requirements for country houses.
A situation is quite possible in which a refusal to register at the address of the dacha is received. In this case, it remains only to contact judicial authorities for the protection of their rights. In this case, the procedure will be as follows:
- Training statement of claim and payment of state fees.
- Submitting it to the court at the location of the horticultural territory.
- Consideration of the case and making a decision.
It should be noted that upon submission of all documents clearly confirming the compliance of the building with sanitary-epidemiological and hygienic standards, as well as the requirements of radiation control, the house will be recognized as residential and the court will oblige the FMS to register a permanent place of residence in a country house.
How to get a home address
To get an address for a dacha, you need to follow a series of steps.
- In the local administration, you should write an application for assignment of an address, providing documents for the house and plot.
- After a few weeks, you will receive an address assignment order. It should be taken to the cadastral chamber. They will also issue a cadastral passport with an address.
- After the cadastral passport is received, it and the decree are submitted for registration to the regional chamber.
You will be given a new home certificate a month later.
The pitfalls of the dacha amnesty (video)
Reasons for refusal to register
Denial of ownership of a built residential building in the country can be for several reasons. Let's consider them in more detail:
- There are inconsistencies in the information about the buildings and the area of the site in the cadastral documents and in fact.
- There are inconsistencies in the data on the cadastral plan on the boundaries of the site.
The rest of the difficulties should not arise. If the documents are in order and fully collected, it is quite simple to arrange a house and a plot.
Denial of ownership of a built residential building in the country can be for several reasons
The question of taxes
When registering dachas and outbuildings in ownership, you will have to pay taxes for them. What is the procedure for paying taxes? After registering the property, you will have to pay land tax. It is calculated by multiplying the tax rate by cadastral value plot.
In different municipalities tax rate different. Benefits may apply for pensioners in certain regions.
For a house in SNT you will have to pay property tax nat. persons. The tax rate varies depending on the area where the house is located and the value of the property.
- If the cost is below 300 thousand rubles, the rate will be 0.1%;
- If it is higher than 300 thousand, but does not exceed 500 thousand - up to 0.3%;
- If over 500 thousand - up to 2%.
Income tax is paid on the sale of a summer cottage. It is 13%. If the cottage has been owned for more than 3 years, income tax it is not taxed.
For country houses, cottages, outbuildings, a pensioner does not pay anything if they do not have the status of housing. As for land, pensioners pay for it with benefits. When selling a summer residence, they pay in the same way as other categories of citizens.
When registering dachas and outbuildings in ownership, you will have to pay taxes for them
What problems can arise when registering outbuildings, land and a residential building under a dacha amnesty
When legalizing a summer residence, some problems may arise. The first of them is the lack of rights to the site. It also happens that they cannot be obtained, since the site is not registered in the state. cadastre. In a large number of cases, the house goes off-site, which is also a violation.
Another common problem is the insufficient area of the site. To build a house, it must be at least 600 m2. Otherwise, you will have to recognize the right to it through the courts.
They may also refuse to issue them due to violation of various norms, improper redevelopment and reconstruction. The emergence of a home mortgage is also an obstacle.
Let's summarize. After deciding to build a house on the ground, it is worth thinking about carrying out registration by legal means in order to get it into ownership. A land plot for such purposes, as a rule, is leased out and therefore it is worth worrying about getting it into ownership too.
Today in Russia there is a simplified procedure for registration of residential private property, the so-called dacha amnesty, which is designed to facilitate the registration procedure if available required documents.
The dacha amnesty is designed to facilitate the registration procedure if you have the necessary documents
What can be arranged in a simplified manner
The list of objects looks like this:
- Houses built on land allocated for individual housing construction;
- Residential buildings located on the territory subsidiary plots or gardening;
- Any buildings on the land provided for the conduct of summer cottage activities;
- Structures for the construction of which you do not need to obtain permission.
The registration process is quite simple, and the preparation of the necessary documents will not take much time and effort, but it is better to do everything sequentially in order to avoid various misunderstandings.
- First, a land plot is subject to registration, which can also be obtained in ownership in a simplified manner. Amendments to The Land Code provide the ability to do this quickly and easily. To do this, you will need to conduct a cadastral registration of the object and this must be done before state registration. After cadastral engineers technical measurements of the site will be carried out, they will draw up a corresponding passport, in which they will enter all the parameters of the area and its drawing. Then you will need to pay a state fee and receive a cadastral document for the land.
- At the same time, technical specialists take measurements of the buildings existing in the allocated area and draw up a document for the house. Buildings that are subject to registration can be registered only on condition that their construction was carried out on the sites allocated for such purposes.
- Next, a declaration is filled out, in which all information about the buildings on the site is entered. Such a document is the actual confirmation of the creation of the considered real estate object, including the basis for acquiring it into ownership and further state registration. It indicates: the location, name and purpose of the building, the number of floors in it, the material of the walls, its connection to communications.
How to register a site (video)
In the future, you can also carry out the design of the dacha allotment. To do this, you must apply to the territorial division of the registering authority and provide the necessary package of documents, which will include the aforementioned declaration. Within the specified period, the owner will be issued a certificate of registered right to all buildings included in the declaration.
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