Home decoration under the dacha amnesty. How to register a summer cottage and a house: step by step instructions
Rosreestr is federal Service state registration, inventory and cartography. It is this service that allows you to officially register your ownership of real estate, in particular a residential building.
Everyone who has not passed the check in Rosreestr does not have full rights to their housing, legally it does not belong to them. Such a person has no right to perform any operations with the house: he will not be able to sell or donate, let alone inherit it.
It will also be impossible (illegally) to rent out the house, carry out major repairs, redevelopment.
After official registration it becomes possible. From the point of view of Rosreestr, the house will be included in the unified state register of real estate (USRN).
Home decoration from 01/01/2017
The registration procedure, which was in practice in previous years, in connection with the entry into force of January 1, 2017, the new law "On state registration of real estate", will be completely changed. At the moment there is information about some fundamental changes that are expected in the registration system itself. So, from 2018 it will be impossible to obtain a certificate of ownership in Rosreestr. Instead of the current registration authorities, the formation of a single state register real estate.
Among a number of innovations and changes that the new legislation presupposes, the most significant is the termination of the issuance of a registration certificate.
Now there will be no evidence, and the fact that your property has been registered can only be confirmed by an extract from the USRN.
At its core, the Unified State Register of Real Estate will be a combination of two previously existing instances: the Unified State Register of Rights and the State Real Estate Cadastre.
Registration procedure step by step
- Contact BTI for the manufacture of technical documentation for the building that needs to be entered into single register real estate objects. It is prepared after specialists have examined the erected building for its compliance with the project and current building codes.
- Request at the city Archbureau assignment of an address to the building, the basis of which is the documents produced in the BTI.
- Submit statement on cadastral registration to Rosreestr, MFC or Cadastral chamber ... Its submission must be accompanied by the necessary documentation.
There are 2 main types of country house placement:
- on the dacha or garden land;
- on a site with the right to erect a building.
Buildings in a summer cottage or garden plot ... Here the house does not have to be registered and entered in the cadastral database. A country house can be issued by filling out a declaration, which indicates all the characteristics of the object. The simplified procedure is provided for by the dacha amnesty and applies only to dacha houses.
In the second case, not only can a separate building be erected, but also permission is given to conduct subsidiary plots... At the same time, registration of ownership of a house is carried out in a completely different way. First of all, you will have to enter the existing property in the cadastral register, after which the owner will be given a technical passport, a technical plan and a cadastral passport for the house.
Stage 1. Collecting the necessary 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 for dacha amnesty.
Documents for registering a summer residence:
- passport;
- receipt or check for payment of state duty;
- documents for the site;
- special declaration for simplified processing country house the property.
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 regulatory documents of bodies local government for the lease of a land plot;
- documents confirming the ownership of land;
- check or receipt for payment of state duty.
If the ground is up construction works was not issued in the appropriate authority, then its registration will be carried out together with the house.
Stage 2. Contacting the registering service
This should be a subdivision at the location of the house - Rosreestr or MFC.
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.
There are situations when you need to submit a document certified by a notary.
This is necessary if a house is being registered:
- inherited;
- previously in shared ownership.
In these cases, it is necessary to attach a contract certified by a notary or a certificate of inheritance to the package of documents.
Stage 3. Payment of state duty
Payment of the state duty is a simple matter. We pay the required amount at the cash desk of any bank according to 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.
Stage 4. Obtaining a receipt for documents acceptance
Which 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 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.
Stage 5. Obtaining a certificate of registration
The new law, which came into force in January 2017, completely abolished ownership certificates. 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 pieces of paper for the budget has completely disappeared.
Today, registration of property rights - 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.
Registration of an ownerless house (abandoned or without an owner) for yourself
It can also be registered. This can be done by the local administration in the area where the facility is located by submitting an application. To recognize a possession that does not have an owner, the authority must go to court after a year, during which the person has not appeared.
Before proceeding with the registration of the ownerless, you need to find out:
- is there an owner; is there a refusal;
- who owns the land;
- whether the property is owned by someone.
If the house has been abandoned for fifteen years, it can be registered according to the acquisition prescription... If the registrant can confirm that he has owned the property in good faith and openly as his own for 15 years, then he will be able to go through the registration procedure and subsequently become its legal owner. Before receiving a house in ownership, a citizen who owns it as his own has the right to count on protection if third parties who are not owners try to claim it.
Intermediary companies helping to arrange. Should I apply?
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.
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 the Pravoved company. This firm provides legal consulting services via the Internet and even by telephone.
You don't even need to go anywhere. D 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 the services of real estate lawyers. Read about this in our feature article.
The resource specialists are aware of all changes in the rules for registering a house in ownership, so they will give you the most relevant information. If necessary, through the same form, you can hire a lawyer in Jurisprudence to collect documents and other actions in your city.
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 the registration of 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.
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 the final cost of the service to you.
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".
How to register the ownership of a country house?
A country house is a real estate object, for the construction of which it is not required to issue an appropriate permit and obtain an act of commissioning.
The simplified procedure for registration of ownership applies to the following types of buildings:
- residential buildings built on land provided for the conduct of summer cottages and gardening;
- houses and cottages built on plots intended for individual housing construction;
- houses and cottages, built on plots intended for subsidiary farming and located within the settlement;
- other buildings, for the construction of which a building permit is not required.
To register ownership of such a structure, you must submit an application to the registration authority and attach the following package of documents:
- receipt of payment of state duty(2 copies);
- identity document(representatives individuals additionally submit a notarized power of attorney);
- object declaration real estate with an indication of all the characteristics of the structure (in duplicate). The declaration must be drawn up in the form approved by the Ministry economic development and trade. It is filled in by the owner and is not subject to agreement with other bodies or officials. When drawing up the document, you will need to indicate the type of object, its name, purpose, cadastral number of the site and the technical description of the object.
- land title documents, within the boundaries of which the country house is located (certificate of ownership, lease agreement, etc.).
So, for persons who are members of non-profit associations, for example, summer residents, gardeners, gardeners, possibility for free in a simplified manner until 31.12.2020 to register the right to a land plot.
And here it is worth specifying that such a right is retained only in relation to a land plot according to a set of conditions:
- formed from the site, which was provided to the named non-profit association or other organization, on the basis of which such an association was created and organized, before the beginning of the RF LC;
- decision general meeting such a union the plot is distributed to the citizen who wished to register it as property;
- the site is in circulation, not localized in circulation, not reserved for state / municipal needs.
Citizens who are slow to register their property may find themselves in a situation when the site will be removed from circulation or intended for use for state / municipal purposes.
In this case, they will only be able to acquire the right to lease such a plot without prior bidding, forfeiting the right to become owners. Rent at the same time will not exceed the cost land tax to such a site.
As for the simplified procedures for immovable objects classified as objects of individual housing development, on land specially designated for these purposes, the legislator extended the "loyalty regime" until 01.03.2018.
Let me remind you that the fact of the creation of such an object is the authorization of its operation. As of the present moment, the registering authority does not request permits for the commissioning of an individual building object.
Moreover, until 03/01/2018 there is no need to provide such a permit in order to: a) inventory (technical accounting) of such a structure, b) register and obtain a technical passport for this structure.
Home ownership after purchase
So how do you register your home after purchase? In this case, a minimum package of documents will be required:
- Seller and buyer documents.
- Registration application the established form.
- Sales contract.
- Seller certificate, confirming the ownership of the house.
- Receipt of payment of the duty.
- Land documents if it is sold with the house.
With all these documents, you need to contact the local branch of Rosreestr, where, after checking them, they will make an entry in the USRR and issue a certificate to the buyer. The registration period is usually about a month.
House ownership upon construction
To begin with, you need documents for the site and a building permit- they are drawn up in advance, before the start of work, without them construction will be illegal. A permit is issued in the local authorities of the village or city on the territory of which the construction is planned.
The next step will be to obtain a cadastral passport... Previously, this document was enough for registration, but since 2015, permission is also required to use the house for its intended purpose. Commissioning is done in the same place where the building permit was issued. It will also be necessary to obtain technical documentation for the house from the BTI - usually this is done before commissioning.
After all the documents for the house and plot have been collected, it is necessary to pay a fee and submit an application for registration of the right to Rosreestr... In the future, the procedure will be exactly the same as when making a purchase.
Inherited house
Here, the procedure will be simpler than when decorating a building, but somewhat more complicated than when buying. This is due to the fact that you have to:
- go through the inheritance procedure;
- get a certificate from a notary confirming the right to inheritance;
- sign an agreement on the division of the estate, or receive a formal waiver from other heirs, if there are several heirs.
Only after that you can pay the fee and write an application to Rosreestr.
3 tips on how to speed up the process of registering real estate
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 discrepancy, corrected.
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 first.
The deadline for the execution of such applications is only one day.... In addition, the result will be issued to you immediately upon arrival at Rosreestr. Likewise, you can register the ownership of an apartment, and not just a house.
Indicate the need to urgently obtain a certificate in the application
Another opportunity to speed up the registration process is to show the need for urgent execution of the request when applying. Most likely, they will meet you, but at the same time the amount of state duty will increase... Situations when you need to register real estate very quickly are not uncommon, so be aware of the possibility of speeding up this process.
Save, otherwise you will forget:
Registration of real estate (house) in a summer cottage means registering ownership of a house built on a plot of agricultural land (garden or country cottage area). Here it is important to clarify that it is possible to build a house with the right to register in it only on a plot with permitted use - a summer cottage, you can build on garden or vegetable plots, but you cannot register in such houses.
What will the applicant need?
By the time of registration of ownership of the house, the following conditions must be met:
- The land is already in the cadastral register, the ownership of the land is registered in the Unified State Register, which is confirmed by the corresponding extract.
- The house is built on the site, and the land use category of this site allows the construction of residential buildings on it.
- The house was built by those who apply for state registration of ownership of it.
How is registration done?
Federal Law No. 122 of 21.07.1997 determines the procedure for registering ownership of a house:
- An application, as well as a copy of the applicant's passport and copies of documents serving as the basis for registration, are filled out and sent to the local administration of Rosreestr or to the MFC.
- Payment of the state duty - 2,000 rubles.
- Rosreestr conducts an examination of the submitted documents.
- An entry is made in the Unified State Register of Legal Entities about the registration of ownership of the house.
- The applicant is issued an extract from the Unified State Register of Legal Entities on the registration of ownership of the house.
The whole process together takes no more than 10 days.
What are the house requirements?
Not every house will be recognized as an individual residential building; it must necessarily meet the following three criteria:
- To be located separately means not to have common walls with other houses. There may be other houses within the boundaries of the site, but they must also be separate.
- The height of the building is 3 floors or less.
- The building is intended for only 1 family.
Moreover, it is extremely important to accurately formulate the name of the house. The law understands by residential building- a building in which you can live and issue a permanent registration, and a residential building means a building in which you can live, but you cannot register.
Future changes in legislation
With the adoption of amendments to Federal Law No. 122, it is extremely important for all owners to keep in mind that from 01.03.2018 the composition of the documents that will need to be submitted to Rosreestr to register ownership of a residential building will change.
Federal Law No. 20 dated 02.28.2015 determines that the only document by which the applicant can confirm his rights to the built house is an extract from the ERGP on the ownership of a plot of land. But this provision will be valid only until 02/28/2018.After 03/01/2018, a building permit must be submitted (the house is still under construction) or for commissioning, issued by the local municipality.
It is also important to understand that as soon as the house is new, there is still no cadastral number for it, and information about the ownership of it is entered into the Unified State Register under the cadastral number. For this reason, at the same time, you will need to submit another application for assigning a cadastral number to a new house. This application is required to attach either a technical plan for the house or a permit to put the house into operation.
The result of the registration procedure will be the receipt of a cadastral number for new house, as well as the registered ownership of it in the Unified State Register. From 15.07.2016, the issuance of certificates of registration of property rights has been abolished. From now on, the only confirmation is an extract from the Unified State Register, which the owner receives both in traditional paper form and in electronic form.
Despite the fact that the registration of a country house continues to be carried out according to a simplified scheme, many citizens are still in no hurry to formalize their rights. Meanwhile, the period that the state has given for this procedure is limited. And although the deadlines have been repeatedly extended, there is a risk of not having time to complete all the formalities before they are over. The presented article will consider the procedure for registering a country house and the features of the procedure.
Citizens have acquired the right to register such real estate objects since 2006. It was then, on June 30, that the federal law No. 93, which is popularly known as the "dacha amnesty". This program was supposed to operate until 2015, but was extended until 2020.
This program makes it possible to register real estate in ownership according to a simplified scheme, provided that the object is located on the privatized land of the owner. This right applies not only to the house, but also to such outbuildings as a bathhouse, garage, etc.
However, in 2017, the Federal Law "On State Registration of Real Estate" dated July 13, 2015 No. 218-FZ came into force, the development of which had been carried out for several years. As a result of its adoption, summer cottages, like other types of real estate, have completely lost their territorial attachment. Such innovations have both pros and cons.
The benefits include:
- introduction of a basic registration system, as a result of which the risk of fraud and forgery of documents is reduced to zero;
- the possibility of obtaining registration data exclusively by the owner providing title documents for real estate;
- introduction of a unified all-Russian database containing information about all real estate objects. Thanks to this, there is no longer the need to personally travel to the region of registration or send registered letters (for example, when entering into inheritance rights). The issue of decorating a house in a summer cottage can be resolved at the place of stay.
There is only one significant drawback of such innovations - the possibility of registration only together with cadastral registration. This implies the need to contact a cadastral engineer and enter the object into the register, which implies additional costs.
Also, those who are interested in whether it is possible to register a country house without land surveying should know that after the adoption of Law No. 218-FZ, this procedure is mandatory from the beginning of 2018. Without establishing boundaries, it is impossible to dispose of not only the house, but also the land plot, even if it is owned.
You also need to know that before the registration of a house located on a garden plot was carried out by filing a declaration, which was easier. Now the basis for the design of the building is the cadastral plan.
Important! This provision does not apply to the site on which the house is located. To register it, you do not need to call specialists and carry out land surveying. But in order to be able to carry out legal actions with land, the establishment of boundaries is mandatory.
How and why to register a garden house
The procedure for registration of such types of real estate is carried out by transferring the relevant documents to the registration authorities.
The main reason why many citizens do not engage in this procedure is unwillingness to pay property tax, which will become necessary after registration of the building in ownership.
Nevertheless, the registration of ownership of a country house has undoubted advantages:
- the possibility of performing legal actions (sale, exchange, donation, etc.);
- no risk of demolition of the house due to its recognition as unauthorized construction;
- the possibility of obtaining a loan by applying for a bank mortgage after the house is handed over on its security;
- elimination of problems with neighbors due to disputes about the boundaries of the site;
- receiving compensation for demolition by the state or local authorities;
- the ability to issue a residence permit in a house located on a personal plot.
Thus, the answer to the question of whether it is necessary to register the ownership of a country house is positive. The advantages of this solution are obvious.
But if the owner does not plan to dispose of the building or does not worry about the problems that may arise, the country houses can not be registered. There is no law obliging to register such objects as property.
When you need to arrange summer cottages
- Houses built on plots intended for individual housing construction (IZHS).
- Buildings located on the ground for gardening or subsidiary farming.
- Garden houses erected on plots for the country house.
- Gazebos, garages and other outbuildings located on the ground for individual housing construction.
- Other buildings that the law allows to build without obtaining a special building permit.
Important! "Dacha amnesty", i.e. the possibility of simplified registration of all buildings located on the listed types of land applies to plots received before 2001.
How to register a house at a summer cottage - step by step instructions
This procedure is not particularly difficult and does not require large costs.
So, how to properly register the ownership of a country house? The procedure is as follows:
- Contacting the Bureau of Technical Inventory (BTI) for cadastral work.
- Drawing up a technical plan. According to the latest amendments to the law, it must be formalized in in electronic format and contain electronic signature cadastral engineer. It takes 14 days to carry out the work and prepare a report. It is allowed to attach a paper version with the seal of the organization and the signature of the employee who performed the work, but the electronic version is required.
- Payment of state duty (350 rubles for each registered property). Requisites for making Money can be obtained from the registering authority to which the documents will be submitted. The receipt of payment is included in the list of documents provided.
- Submission of a package of documents to the registering authority (Rosreestr or MFC). You can also order the service of state registration in electronic form through the State Services by submitting an application for registration of a country house. If there are no errors, the data is entered into the register.
- Obtaining an extract from the USRN, confirming the ownership of the registered property.
Thus, the procedure for registering a country house on a gardening plot or individual housing construction does not take much time and does not require the collection of a large number of papers.
If there is a massive registration of buildings by neighbors, the Garden Non-Profit Partnership (SNT) can also help in the question of how to register a house at a summer cottage, the chairman of which can submit an application on behalf of all members of the partnership.
List of required documents
The question of what documents are needed to register a country house is one of the key ones. This is explained by the fact that if you submit an incomplete package or papers with errors, the procedure can be significantly delayed. Therefore, it is better to clarify this list in advance.
So, the documents required for registration of a country house in ownership are as follows:
- personal passport of the applicant, as an identity card;
- documents of title to the site on which the structure to be registered is located (declaration, extract from the gardening book, certificate of ownership);
- land cadastral plan;
- technical plan of the registered building;
- receipt of payment of state duty.
Important! If the object was built before March 2015, it is enough to provide a technical plan. And if later, in addition to the cadastral passport, an act of putting the house into operation is also required.
How can you register a country house in ownership - registration deadlines
In addition to the question of how to issue a dacha amnesty for a house, it is worth knowing the terms that will be required for registration.
Since the beginning of 2017, the procedure has been significantly simplified and began to take a minimum of time. Such changes are explained by the introduction a single base that allows you to quickly exchange information.
So, registering a house on a privatized summer cottage takes:
- 10 days, if the registration and registration of ownership is carried out at the same time (this is possible with the "dacha amnesty", if the initial registration or liquidation of the object is made);
- 7 days if only ownership is registered;
- 5 days, if changes are made to the existing cadastral plan;
According to paragraph 1 of Art. 66 No. 218-FZ, the registration authority is responsible for violations in the procedure for obtaining property rights (failure to comply with deadlines, violation of the applicant's personal rights, making mistakes when entering data into the register, unmotivated refusal to accept documents, etc.).
Important! Registration of a country house through multifunctional centers (MFC) takes longer than a direct appeal to Rosreestr. This is explained by the fact that MFC employees act only as intermediaries, they need time to send the received documents to the registering authority and receive them back. Therefore, those for whom the deadline is important can register a country house through Rosreestr, and not at the MFC.
The cost of registration of ownership
The cost of registering a house built on a site is formed from the following factors:
- payment of state duty;
- payment for the services of a cadastral engineer, who draws up a cadastral passport and a technical construction plan.
The size of the state duty is established by law and is equal to 350 rubles. for each registered property. Service cost cadastral engineers is not fixed, it varies, depending on the region of the work.
Therefore, the answer to the question of how much it costs to arrange a house on a personal plot does not have a clear answer.
If building insurance is planned, this should also be included in the expense item.
Is it possible for the owner to insure an unregistered country house
If the building is registered as a property, there are no questions about the possibility of insurance, because companies easily agree to such contracts. All you need to do is choose an insurance company, sign a contract and make payments on time.
But what about buildings that are not on the register? Is it possible to insure your unregistered country house? The answer to this question is unequivocal - the law does not provide for such a possibility.
However, many Insurance companies they turn a blind eye to this and nevertheless draw up a contract. Insurance issued for a country house, if it is not issued, is done as follows:
- a contract is drawn up between the insurance company and the owner of the building;
- the text indicates that in the event of insured event, monetary compensation will be paid by a close relative of the owner of the house;
- insurance premiums are paid.
The deception is revealed when the insured event does occur. It is almost impossible to receive compensation from the company, because, according to the contract, it has no obligations to the victim.
Therefore, before thinking about whether it is possible to insure an unregistered country house, it should be borne in mind that this will be a legally unwritten insurance contract, so you should not count on compensation.
The nuances of decorating a country house
Depending on the type of property and the stage of construction, there are some peculiarities of the procedure for registering a garden house.
Unfinished
How can a residential building be registered on a garden plot if it has not been completed yet? In fact, there are three ways to add an object to the registry:
- Obtaining a permit for construction work and further registration of the house as usual.
- Registration of the object as a squatter building after the end of the construction. But you will have to pay a fine of 2,000 rubles.
- Registration based on the declaration.
It should be borne in mind that after the adoption of Law No. 218-FZ, the latter method involves certain difficulties. Previously, it was possible to indicate approximate figures in the declaration, but after the latest amendments to the legislation, only accurate data are accepted.
How to arrange an existing dacha into a residential building
If it comes about a country house, which is used only for temporary stay (for example, during the period of carrying out garden work), then registration is carried out by general rules with the provision of a standard package of documents, including a technical plan for the house.
But if registration in a country house is required, it must be recognized as residential. This means that it must comply with the construction and technical requirements(for example, be heated and suitable for year round use).
To confirm such compliance, a special commission is held. The whole procedure takes about 40 days, after which the owner receives an inspection certificate, on the basis of which he registers his country house.
The nuances of registering a residential building
If a residential building is being decorated, regardless of the type of structure and location of the object, it must be recognized as suitable for year-round living. As in the previous case, a special commission is invited, which assesses the object for compliance with the following criteria:
- construction on the site for individual housing construction, the presence of smooth walls and fences that meet safety standards;
- availability of communications or the possibility of bringing them up;
- the presence of noise and vibration inside the house within acceptable limits.
If the object meets all the standards, the owner is also issued a survey report, on the basis of which he registers the house.
Important! If the building is located on a site that is part of the SNT, then obtaining the status of a residential building is impossible.
Thus, the registration of ownership of a country house has many advantages. At the same time, despite some nuances, the procedure does not imply great difficulties and financial costs.
An online consultant can help with the preparation of all documents for the country house and its registration. Sign up for a free consultation in a special form.
We are waiting for your questions and we will be grateful to you for rating the post and repost.
2017-04-15T16: 19: 27 + 00: 00
How is the registration of ownership of the house carried out. Would you like to register the ownership of the house? Learn about all available ways get documents for individual residential properties and use the most suitable one.
An individual house is one of the most demanded assets: a significant number of families want to live in such buildings. Those of them who decide to purchase this property should take care not only of the purchase or construction process. An important issue is the registration of ownership of the house. Let's figure out how to register ownership of a house and what are the ways to obtain documents for individual residential properties?
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How to register a house
How is it going? The most simple situations are all cases when there is a transfer of already registered real estate. The procedure differs from the transition in only a few details.
- Along with the house, the land plot on which it was built is transferred
- During the transfer, the parties describe all engineering networks connected to the object.
- The contract may describe the technical condition of the elements of the house.
The future owner will need guarantees of the purity of the transaction. They must be provided by the property owner.
Documents for registration of ownership of the house
Before re-registering a house, you should make sure that the seller has all necessary rights... The buyer will need to study a number of documents:
- land plot, confirming its boundaries and containing data on the established encumbrances.
- from the USRN, which confirms the seller's ownership of the house, with the current date.
- Passport.
- Notarized consent of the spouse for the sale.
This will allow moving on to negotiations on the terms of the deal and agreeing on the text of the agreement. The specified document must provide for the transfer of ownership of the building and land.
Registration of a house in ownership, we use a simplified procedure
More complicated, in comparison with the transaction, is the procedure for registering the rights to a house located in a summer cottage. Applicable law provided an opportunity to register real estate without the need to obtain municipal approvals. This procedure also applies to the legalization of houses located on land intended for individual construction.
Registration of rights to country-type buildings
Documents for registering ownership of this type of house include the following:
- a receipt for the transfer of state duty;
- applicant's passport;
- declaration on the characteristics of the object in the prescribed form;
- land documents.
All of the above is provided to Rosreestr.
Registration of ownership of a capital house
The documents are also submitted to Rosreestr. They include:
- cadastral passport of the house;
- check or receipt for payment of state duty;
- an extract from the USRN in relation to the site.
Simplified procedure for individual houses valid until March 1, 2019. After this period, the owners will have to legalize such buildings on a general basis.
Registration through commissioning
If the owner of the land plans to build a house on it, he will have to go through the procedure for coordinating work in the municipality. Despite the possibility of using the simplified scheme described above, obtaining approval is associated with a number of circumstances.
- Registration of a loan for construction.
- Summing up communications.
- Inability to complete work before March 1, 2019
The applicant is required to submit the following documents:
- an extract from the USRN in relation to land;
- house project with conclusions on compliance with all sanitary standards and safety requirements.
If the application is approved, the owner of the site will be issued a building permit valid for 10 years.
Before registering a house as a property, you will need to sign an act of putting this object into operation. It is drawn up by a commission that accepts the result of the work. Next, you need to issue a technical and cadastral passport. All of the above will be included in the list of documents for registering ownership of a house, transferred to Rosreestr (in addition, you will need to pay a state fee).
How to act if the work was carried out without approval?
A number of owners want to save money on the standard procedure for obtaining a permit for construction work and are building an object without permission. They are often interested in the question of what documents are needed to register ownership of a house of this type. It is important to register it in time and prevent it.
The only one effective way to legalize such a building is a trial. The claim is filed with the district court at the location of the defendant (it is the municipality that issues the work permit).
You will have to attach the following to your application:
- documentary evidence of compliance with safety standards;
- confirmation of the compliance of the house with sanitary rules.
The plaintiff should prepare for opposition from the municipality, therefore it is recommended to involve a lawyer specialized in such cases.
If the application is satisfied, then the owner of the house will need to issue a cadastral passport and register ownership on the basis of a court decision that has entered into force.
The owner should not delay the procedure for the legalization and registration of unauthorized construction. The municipality can get ahead of him and initiate consideration of the case for the demolition of the house.
How much does it cost to arrange a house?
One of the main components of the procedure for registering rights to real estate is its price. Potential owners are interested in questions about how much it costs to re-register a house, what is the price of approval of construction and the procedure for legalizing unauthorized construction.
The lowest costs await buyers of the finished object, the rights to which are registered with the seller. They will amount to 4000 rubles of state duty before submitting documents to Rosreestr.
If the registration is carried out in the manner of a "dacha amnesty", you will have to plan expenses for geodetic works, registration of cadastral passports and payment for registration of rights, because for free you can not.
The cost of the costs of registration of documents permitting construction depends on the attracted design organization and characteristics of the future home.
The greatest expenses await the owner of the unauthorizedly erected object. He will have to bear the costs of assessing the compliance of the house with current regulations and pay for the expensive work of a hired lawyer.
The length of the procedure for obtaining title to a house depends on its legal regime... If it was issued and sold, the registration period will take a minimum of time. In other cases, everything will depend on the speed of preparation of the necessary documents.
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