Features of registration of buildings in the country under the dacha amnesty. How to register a house in snt under dacha amnesty
Many Russians are interested in getting a residence permit in a self-built country house. With the high cost of city apartments, this is a real way to solve housing issue... However, you can register only if the house is recognized as residential and officially registered.
The law on dacha amnesty was adopted in our country on June 30, 2006. In 2017, amendments were made to Federal Law No. 93 related to the entry into force of the law "On State Registration of Real Estate". Registration process country house ownership has now become much easier, including due to the lack of territorial binding. However, some of the innovations may seem a little difficult for the owners.
Major changes in the dacha amnesty procedure:
- Paper ownership certificates are no longer used - they could be easily forged, which caused a lot of problems.
- The basic registration system is launched to prevent any land fraud.
- Obtaining registration information is now available only to a citizen who has a formalized ownership right.
- The data is provided in the form of an extract from Rosreestr.
- A unified all-Russian database will allow you to send a request from any region without requiring the owner to go to the location where the property is located. This greatly simplifies the procedure for registering an inheritance.
If we talk about the cons, now registration can only be performed together with cadastral accounting. That is, you need to invite a cadastral engineer to enter the property in the register. It has become less convenient to register buildings under the dacha amnesty, because earlier it was possible to confine oneself to drawing up and filing a declaration. Now the basis for registration of a country house in ownership in the Moscow region and other regions of Russia is the cadastral plan. However, the amendments to the law do not concern land plots... They can still be registered without calling gamblers or ordering a land survey.
If you decide to build on summer cottage any building, then you do not need to obtain a building permit. At the same time, buildings cannot be sold, donated, or exchanged if the ownership is not formalized. You need to register a house not only for this. It is thanks to this procedure that you can get the right of registration in the country.
In addition, registration of suburban real estate allows:
- Prevent demolition of buildings due to their recognition as unauthorized construction.
- Avoid land disputes with neighbors.
- Get compensation if buildings are demolished.
- To plug engineering Communication.
In what cases is registration necessary
After making changes to the legislation, you can register ownership of the following objects:
- Houses built on IZHS lands.
- Buildings located on a land plot, which are intended for maintenance subsidiary plots or gardening.
- Garden houses located on the site, which is intended for the conduct of a summer cottage economy.
- Gazebos, outbuildings, garages that were built on land designated for individual housing construction.
- Any other buildings, for the construction of which you do not need to obtain a building permit.
Registration in a simplified manner applies to those plots that citizens received before October 30, 2001. Thanks to the dacha amnesty, you can register buildings that are located on land plots.
Step-by-step instructions for registering a country house in ownership in 2018:
- Contacting the cadastral bureau, whose specialists will draw up a technical plan for the building. The technical plan is drawn up in electronic format, and the authenticity of the information is confirmed by the individual EDS of the cadastral engineer.
- Submission of an application and a package of documents (including a receipt for payment of the state fee) to the MFC. In addition to electronic version of the technical plan, you can attach the technical plan on paper with the seal of the Bureau and the signature of the cadastral engineer.
- Obtaining an extract from the USRN.
To register ownership of country house the following documents are required:
- Declaration or other document confirming ownership of land (certificate of ownership, extract from the book of gardening).
- A receipt confirming the payment of the state fee (350 rubles).
- The applicant's civil passport.
- Cadastral passport for the land.
- Technical construction plan.
In the event that the property was built before March 1, 2015, only a technical passport will be enough. If the building was built later, then you will need a cadastral passport and an act of putting the object into operation.
Registration deadlines
After a common base for a quick exchange of data was created, the registration time was significantly reduced. From January 1, 2017, the registration of a country house in ownership, which occurs simultaneously with the registration of the object on cadastral registration, takes no more than 10 days. Simultaneous registration is required for a dacha amnesty, for initial registration or for the liquidation of a building.
If only ownership is registered, then the procedure takes a week.
Making changes to the inventory takes five working days. In case of violation deadlines, unjustified refusal to accept documents or making mistakes, Rosreestr officials will have to pay a fine. Thus, the law protects the rights of owners.
The law on dacha amnesty has been extended for the third time. Last changes postponed the end of the program until March 1, 2018. When submitting documents for registration of a summer cottage or garden plot, you must pay state fee in the amount of 350 rubles. In addition, it will be necessary to pay for the services of a cadastral engineer to draw up a technical plan and a cadastral passport. Cost of services cadastral engineers may differ depending on the region. On average, it equals 8,000 rubles.
KB-Nedvizhimost will assist in registration of a country house in ownership in Moscow and the Moscow region. We strongly recommend to hurry up with the registration of buildings on the site, as the dacha amnesty will not be extended indefinitely. Currently, the ability to register property in a simplified manner has been extended until March 1, 2020.
If you want to register in a house located at a summer cottage, it is not enough just to register ownership. It is necessary that the building be recognized as residential. For this to be possible, the cottage must comply with certain construction and technical requirements... Only a warm house can be suitable for living all year round. The building is assessed by a special interdepartmental commission. It takes into account the following parameters: the building must be built on IZhS lands, have smooth walls that meet the safety standards of the fence, have utilities or the ability to supply them, the level of noise and vibration inside the building must not exceed the permissible level.
The cost of registering a country house in ownership depends on various factors: characteristics of the property, availability required documents, volume and complexity of cadastral works. You can find out the exact price for registration of ownership of buildings on a personal plot by contacting the managers of our Bureau.
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Registered land in the territory Russian Federation divided into certain areas with different target appointments... According to Russian law, it is possible to build a house, legalize a building on a site, register it and take ownership of it only if the land is territorially part of a settlement or is intended for agricultural use.
On a summer cottage, which is located within the infrastructure, it is possible to build a house and register it as property, but on plots intended only for gardening, there is a chance to register only a non-residential building.
If we are talking about legalizing the house on the site after its construction and its further registration in ownership with the receipt of title documents, then first it follows. However, it is not necessary in all cases. Also, state bodies will pay attention to the observance of the building standards that apply to the dacha.
In order to navigate the process and understand the sequence of actions, we will consider what documents need to be prepared and how registration takes place.
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Building permit
The procedure for obtaining a building permit for a summer cottage, be it a garden house, a residential building or other structure, is strictly regulated The Urban Planning Code Russian Federation. It contains confirmation that the project documents meet the requirements and gives the owner the right to carry out capital construction on his territory. You can arrange paperwork by contacting local authority local government, for which the applicant will need:
![](https://i2.wp.com/pravonedv.ru/wp-content/uploads/2016/04/49700aab1810a773cbf55d6f07a146ea.jpg)
The submitted application and documents are considered within ten days from the date of their submission and registration. After a positive decision is made, a permit is issued for a period of ten years.
It is not necessary to obtain a permit for the construction of such objects as:
- A garage that is a property natural person and is not used for commercial activities;
- Buildings intended for gardening and horticulture;
- Auxiliary room;
- Object not capital construction... For example, a canopy;
- Minor change to an existing building.
Compliance with the rules
To register a residential house or other structure in the property at the dacha, government bodies documents are submitted for the property, which are checked for compliance with the law. These include the requirements according to which utility buildings should not be less than five meters from the driveway and the street, and if there are neighbors, there should be a lattice or mesh fence with a height of at least one and a half meters. A solid fence can only be installed from the street and driveway. In this case, the members of the garden cooperative must give their consent to this.
If a house in a summer cottage is used to keep poultry, it should be located at a distance of at least one meter from other buildings and at a distance of four meters from a neighboring site. The absence of drains to neighboring territories will also be taken into account. The documents will be checked for fire safety as well as sanitary standards.
Registration of a house on the site is mandatory for all owners, therefore, close attention should be paid to all construction rules and regulations. Failure to comply will be impossible. In the self-government bodies, the owner will be denied and the case will be sent to the court for further investigation. This, in turn, will entail financial expenses, fines and compensation for damage caused to neighbors and other owners.
Commissioning permit
According to the norms Russian legislation when registering rights, there must be permission to put the house into operation, after the completion of construction or completion of major repairs. It is attached to the building permit, and these documents are kept until the liquidation of the property. To obtain the appropriate document, the owner applies to the same organization that issued the building permit. A similar statement is written and the following documents are attached to it:
Title of the document | Notes (edit) |
---|---|
Land ownership certificate | And all other documents of title |
Urban planning plan for the dacha | Plan land plot |
Building permit | If it was received |
Real Estate Acceptance Act | When was the reconstruction carried out or overhaul |
Documentation confirming the compliance of a house or other structure with technical requirements | Signed by the person who carried out the construction, major repairs or reconstruction |
Confirmation of compliance with technical specifications | Signed by the relevant organizations |
Property plan | With the location of the engineering network and the designation of the boundaries of the territory |
Registration procedure
To formalize or legalize a house at a summer cottage, and then register it in state structures, you should go through a step-by-step procedure:
![](https://i1.wp.com/pravonedv.ru/wp-content/uploads/2016/04/propiska_dacha.jpg)
Registration question
To register a house in a country house, the right of ownership of this property must be registered. State registration is mandatory for any buildings, no matter what target values they have. Each is issued a certificate confirming the right of ownership.
When registering a house at a summer cottage, if a permit was not required for this building, the owner must fill out an appropriate declaration. Registration will take place on its basis. The declaration form is filled out at the place of application.
Also, additional documents will be needed such as:
- Cadastral passport and permission for commissioning;
- Technical documentation for the building;
- Certificate of ownership of the summer cottage;
- Applicant's passport;
- A receipt confirming that the state fee has been paid.
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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 given by the state to carry out 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.
Legislation on how you can register a house in the country
Citizens have acquired the right to register such real estate objects since 2006. It was then, on June 30, that Federal Law No. 93 was adopted, which is popularly known as the “dacha amnesty”. This program was supposed to operate until 2015, but was extended until March 2018.
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 going on 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 deeds 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, however, the basis for the design of the structure is the technical plan.
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 the building is registered as property.
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 register in a house located on a personal plot.
Thus, the answer to the question whether it is necessary to register the ownership of a country house is positive. The advantages of this solution are obvious.
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 summer cottages.
- 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 obtained before 2001.
How can you 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 a cadastral engineer for cadastral work.
- Drawing up a technical plan. According to the latest amendments to the law, it must be executed electronically and contain the electronic signature of the cadastral engineer.
- Payment of state duty (350 rubles for each registered property). Details for depositing funds 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.
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:
- the applicant's personal passport, as an identity card;
- documents of title to the site where the registered building is located;
- land cadastral plan;
- technical plan of the registered building;
- receipt of payment of state duty.
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 technical plan for the building.
The size of the state duty is established by law and is equal to 350 rubles. for each registered property. The cost of the services of cadastral engineers is not fixed, it varies depending on the region where the work is carried out.
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.
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 contributions on time.
But what to do with buildings that are not included in 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 turn a blind eye to this and still 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 an 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 register an existing dacha into a residential building
If we are talking about a country house, which is used only for temporary stay (for example, during the period of gardening), then registration is carried out according to general rules with the provision of a standard package of documents, including a technical plan of the house.
But if registration in a country house is required, it must be recognized as residential. This means that it must meet construction and technical requirements (for example, it must be heated and suitable for year-round living).
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.
In addition to ordinary residential real estate, many of us also have country houses, summer cottages and small garden plots. Some have inherited such objects, but for some reason no one thinks about how to register ownership of a country house, a land plot and all adjacent buildings. But this must be done without fail. Without registration of documents, even the fact that you were a member of the SNT will not matter, because the property can be irretrievably lost.
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Where to begin?
First of all, you need to understand that any registration of property rights to a country house, buildings and land should be started from the elementary and most important - this is where it all is located, and only then proceed to the rest of the procedures. To do this, you need:
- Hand over and register all the necessary documents for the land;
- Next, your documentation will be checked;
- Your rights to the property will be established;
- After the corresponding entries were made in the Unified State Register;
- Then, new documents of title are signed and handed over.
From the documents, you may need a standard package: a passport, a sales contract, a certificate of ownership of a plot of land, a cadastral passport and a plan, a receipt with a paid state fee.
Simplified procedure
There are situations in which you can take the path of less resistance and complete the registration procedure much faster, but the following conditions are important for this:
- The buildings are located on the ground of gardening associations (SNT) and belong to the type of dacha;
- Garden houses and cottages are built on land that has been allocated for similar development;
- The land plots are in close proximity to the points that are considered suitable for subsidiary farming;
- Special buildings in SNT, for example, baths, for which permits are not required.
It is then that you can quickly complete all the documents and register your property rights. Although it is better to immediately clarify this issue in SNT or other interested organizations.
How is the registration process?
After you have dealt with the issue of land, the procedure for registering a garden building begins. To do this, you will need to go through a cadastral registration, both of the entire building and the site itself. That is, you need to submit an application to the BTI, which will assess and issue you a technical passport. On average, this takes about two weeks and costs a certain amount of money. After that, you need to submit a request to the local architectural office, which will assign an address to your home and register it. This will also take at least a month.
From the documents for registration and registration you will need the following:
- Cadastral number, passport and building plan:
- Title deeds for the property;
- A document that confirms that the building was actually erected;
- An accurate description of the characteristics of the house;
- Receipt with paid tax. It should be remembered that when registering a land plot and a building, two different amounts are paid for registration;
- Passport or power of attorney.
Registration of a country house
To register a country house, and not some other building, you will need to perform a certain series of actions. But the most important thing is that it is still a package of documents that will affect a faster resolution of the issue.
It includes the following:
- Building permit;
- Commissioning certificate;
- Receipt with paid state tax in duplicate;
- Passport of the future owner or other identification document;
- A document that contains the full amount of information about a house or other buildings, certified in several copies. It is filled in personally by the owner in a specific form. The following information is indicated in it: type, name, purpose, cadastral number and technical characteristics;
- Drawn up documents for the land plot and the buildings located there, which previously had to be registered.
What to do with a private or residential house?
Often outside the city at our summer cottage we have not small houses for temporary pastime, but whole private objects. In this case, the procedure is identical to the previous one. That is, you will need to draw up documents for the land, then deal with obtaining technical and cadastral passports of the building and submit a request. After that, you will need to contact the registration service of your city or region and after a few weeks. The documents for this will require the same.
Registration of ownership of a task in SNT
If the building is registered in a gardening partnership or in another SNT, then the rules for registration will have to adhere to generally accepted ones. Initially, it is worth finding out if the garden plot already belongs to someone else, even if your house is located on it. If there is no such owner, then you will need to collect documents and obtain permission from the local municipality.
After that, a cadastral passport for the building is ordered from Rosreestre or the MFC. To do this, you only need a passport and a certificate of ownership obtained earlier. A few days after submitting the application and paying the tax, you are at the property. In this case, you will need to fill out an application in SNT with a description of the garden house, which even indicates the materials from which it is built, the number of floors, area, etc. If you buy a house, then you still have to deal with the re-registration procedure.
How is the scheme and plan received?
Without a definite real estate plan, you will not be able to carry out the following necessary procedures, so it is important to know how you get it.
They order a plan from an architectural bureau, but this will require the following documents:
- A statement written by the owner;
- Copies of papers for the right to own a plot of land. You must register them with a notary;
- The cadastral passport and several copies of it, it must contain information even about unfinished buildings with their description;
- on paper and electronically;
- Certificate of registration of buildings that were erected earlier;
- Special technical permits for connection to the communication networks of the building;
- Copies of the passport of the citizen who applied.
You will also need a diagram of the location of the land itself, which is ordered in advance in special organizations. They can be not only public, but also private. You can also find such a document in SNT. The preparation of the location plan itself will take about a month.
After collecting all the documents and submitting an application to the appropriate authority, which may have its own name in each region, you will receive a notification of the committee's decision within ten days. If it is negative, then you should receive a paper that explains the reason for the refusal, which does not allow registering the ownership rights. If necessary, you can appeal this decision in court.
The procedure for registration and registration itself is absolutely not complicated and fast enough, but only if you prepare the necessary documents and certificates in advance. Do not forget about the correct filling of the forms and applications for the building, so as not to receive a refusal and not to start all over again. In this situation, everything will depend only on you, because you can cope with everything without the assistance of specialists in the person of notaries.
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