How to convert a garden house into a residential one in 2021: requirements, is it possible to convert a country house in SNT into a residential building

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In many cases, country houses or garden houses are initially built with permanent residence in mind. Also, if this is not the case, it is usually not difficult to get them to the desired state with minimal effort. However, such buildings are not considered residential real estate. Because of this, the owner may begin to have problems. In this article, we will consider whether it is possible to turn a country house/garden house into a full-fledged residential property and how exactly to do this.

Is it possible to register a garden house as a residential one?

In theory, yes. A dacha in a garden partnership (SNT) can be turned into a residential building, but only on condition that the building meets all conditions and requirements. It should also be taken into account that this is a lengthy procedure that will require certain costs from the owner.

Based on legal requirements, it is possible to turn a country house into a residential building only if the land plot on which the property is located is intended for gardening. If the plot is classified as a garden plot, then any buildings on its territory must be exclusively economic.

Will the house be inspected by a special commission?

A non-residential house on a summer cottage must meet certain requirements in order to be recognized as residential real estate. However, there is one very important feature: the change in the status of the house is carried out by notification. Simply put, the owner simply submits documents for the building and an application, after which a decision is made on the status of the house.

No commission will go anywhere. All verification will be carried out exclusively based on documents. This gives scammers serious room for creativity, but it is recommended to do everything according to the rules. Otherwise, if the local administration has doubts, inspectors may still come and the owner will have a lot of problems.

Conditions for converting a garden or country house into a residential building

To register a dacha-type building as a residential building, it is necessary that the following basic conditions be met:

Enclosing structures (fences) are required to ensure the safety of property.

Example : A “classic” small fence will not work. It is desirable that the house be surrounded by a solid stone fence or at least a high-quality and durable lattice structure.

Load-bearing walls and other similar building elements are required to ensure the same safety of property and should not threaten the lives of the inhabitants of the house.
The building must be insulated. The temperature in the house, even in winter, should not fall below 18 degrees Celsius.
The humidity inside the house should not be higher than 60%.
The building must have sewerage, heating, water supply and electricity. In some cases, the absence of gas supply, sewerage and water supply is allowed (each such case can be considered individually).
The land plot on which the house is located, as well as the real estate itself, must be the property of the applicant. This must be confirmed by relevant documents. In some cases, the land may be leased, but it is recommended to purchase it as soon as possible.
The house is not under arrest and no encumbrances have been imposed on it.
All owners of the building (if there are several of them) give their consent to change the status of the property to residential.

Requirements for the area of the house

The building requirements listed above are just the basics. In addition, the various premises of the property must have a certain area. This factor is little tested, but the norms indicated below did not appear just like that. If the area of the premises is less than required, living in such a house will be uncomfortable.

Basement height : 2 meters and above (provided that there is one at all).
Ceiling height in rooms : from 2.5 meters and above.
Toilet : total area of at least 0.96 m2. The width must be at least 80 centimeters. Depth - at least 1.2-1.5 meters, depending on which way the door opens.
Bathroom : total area - from 1.8 m2 with a width of at least 1.8 meters.
Kitchen : total area – from 6 m2. Width – from 1.7 m.
Bedroom : total area – from 7-8 m2.
Living room: total area – from 12 m2.

There may be small adjustments downwards, but in such a way that this is compensated by something else. Major adjustments are not allowed. For example, the area of the toilet should not be less than 0.9 m2, otherwise it will be impossible to stay in it.

Costs and deadlines

Coordinating and resolving issues with various authorities, collecting documentation and waiting for a decision - all these actions require the need to wait. As a result, it is possible to convert a country house into housing within 2-4 months.

You should be prepared for the associated costs, as you will have to pay extra for some activities. The cost of converting a summer house into a residential building includes:

10 thousand rubles for drawing up a technical report;
2 thousand rubles is the standard registration fee.

If you need to obtain additional statements and certificates, additional costs may arise.

How to convert a garden house into a residential one?

The step-by-step guide for converting a garden house into a residential building presented below is approximate and may vary somewhat depending on the characteristics of the property, the region where the house is located and many other factors.

Step 1: Technical conclusion

The procedure for recognizing a house as a residential building must begin with a technical conclusion. It is analogous to a commission visiting with an inspection. This makes it easier for everyone, but more expensive for the applicant.

The conclusion can be drawn up by any competent specialist: individual entrepreneur or legal entity. The only requirement is that this specialist must be a member of the SRO for engineering surveys. The conclusion contains the following information:

Are all requirements for internal and external communications fully met?
Do the structural elements meet the requirements and do they not pose a threat to the life of the owners?
Are all sanitary and fire requirements met, and so on.

If the conclusion makes it clear that the house complies with the rules, you can move on. If not, you will have to first bring the structure into compliance with existing requirements and then re-order this conclusion.

Step 2: Gathering documentation

The conclusion obtained at the previous stage is the main document necessary for transferring the house into housing stock. However, this is not the only paper that may be required. In addition to the conclusion, you need to prepare the following documents:

Application for recognition of a house as residential (see sample below).
Passports of all homeowners (it is recommended to make copies, but also take the originals with you).
Extract from the Unified State Register of Real Estate for this house.
Legal documents (sale agreement, donation agreement, will, etc.).
Consent of all co-owners, notarized (it should be borne in mind that this consent may not be notarized, it all depends on the local administration).
Technical passport and cadastral plan for the land.

Depending on the situation, the list of documents may be changed/added. It is recommended to discuss this issue with an experienced lawyer, as well as directly contact the administration of the locality to which the land belongs for a list of required papers.

Application for recognition of a house as residential

The specific form and content of this statement may vary slightly. It is recommended to first ask for a sample of such paper from an administration representative. The sample proposed below is only an introductory document and may differ from how the administration sees it.

Content

The application contains the following information:

Information about where exactly the application is being sent.
Document's name.
Request to recognize the house as residential.
Home details.
Options for obtaining a decision from the administration.
Date and signature.

Sample

Step 3: Submission of application and documents

After all the documents are ready, you can contact the local administration or any branch of the MFC directly (My Documents). The second option is somewhat simpler, but it is only relevant if there is an MFC branch in the specified locality. You should also take into account the fact that when applying through the MFC, the review period will be slightly longer (about 2-5 days).

As soon as the administration reviews the application and documents, it will make a decision on whether the house is recognized as residential or not. In the second case, especially if the justification for the refusal is inadequate, you can immediately go to court.

The form in which the applicant is notified of the decision depends solely on him. This point must be clarified in the application.

Step 4: Registry Changes

If the decision is positive, then it is necessary to make changes to Rosreestr. To do this, you need to take the decision and all the documents, and then visit the branch of Rosreestr or the MFC. There is no need to fill out any applications in advance; everything is filled out on the spot. After submitting such a document, changes are made to the register. Now the owner can receive a new extract from the Unified State Register of Real Estate if he needs it.

Step 5: New Address

Making a change in the register makes the house residential, but the address has not yet been assigned to it. As a result, it will not be possible to register in the building. To do this, you need to contact the local urban planning government organization and, with documents confirming the existence of a residential building, demand that an address be assigned to it.

Deadlines

The timing largely depends on how actively the home owner will act. In addition, other time periods need to be taken into account:

Drawing up a report on the condition of the house: about 3 weeks.
Consideration of an application for recognition of a house as residential: up to 45 days.
Registration in Rosreestr: up to 14 days.

Which organization recognizes buildings as residential?

In Russia, issues related to the transfer of dachas to residential buildings are dealt with by local administration bodies - city or village. In order to find out in which locality the administration will transfer real estate from one intended use to another, you need to familiarize yourself with the address. It will say in detail which body should carry out the translation. If you have some doubts about the ownership of real estate, you can seek help from qualified specialists.

Please pay attention! The transfer of real estate is carried out by the municipality, and not by the Cadastral Chamber, BTI or Rosreestr. Accordingly, you need to submit the required documents specifically to the governing bodies of the Moscow Region.

What is the price

The procedure for converting a non-residential country house to residential status is free of charge. However, when collecting documents and subsequent changes to the registry, you will have to pay something:

Conclusion on the suitability of the house for permanent residence: from 15 thousand rubles and above. Much depends on the house itself and its owners.
Notarization of consent to changes in the status of a building: from 1 thousand rubles for each document (for each co-owner).
Making changes to Rosreestr: 2000 rubles.
Fresh extract from the Unified State Register of Real Estate: 350 rubles.

Why convert a garden or country house into a residential building?

A country house or garden house is transferred to residential status mainly in order to register in it. This is relevant for those people who do not have any other real estate or who all intend to move into such a house. If you do not register, numerous problems may arise both with the child’s placement in kindergarten or school, and with employment.

Often houses are “made” residential in order to pledge them to the bank and get a loan to buy an apartment or something else. A non-residential building will cost significantly less than a residential one, and therefore even the above costs are completely justified.

Who has the right?

Not everyone has the opportunity to go through a simplified procedure for obtaining property.

The copyright holder must ensure that the following requirements are met:

According to documents, the plot can be used for farming.
The house is not only recognized as residential, but can actually be used for living in the cold season.
Non-residential and residential properties located on the territory of SNT.
The presence of other buildings that do not require permission.

In accordance with Art. 51 of the Town Planning Code of the Russian Federation, permission is required for all capital buildings. The law on dacha amnesty applies only to houses built before October 1, 2001.

Arbitrage practice

As mentioned above, if the administration refuses to recognize the house as residential, then you need to go to court. However, there are several nuances here, on the basis of which even the court may not side with the client.

Example: Let’s assume that the house is absolutely normal and meets all the requirements, but the administration refuses to recognize it as residential. After going to court, the application is considered there and a certain verdict is issued. For example, if a house is located on an area classified as a forest or water fund, then it will not be recognized, because building houses there is prohibited in principle.

They may also refuse if the house does not meet the requirements. For example, on fire safety. And the most common reason for refusal is that not all documents were provided or some of them were declared invalid. However, the administration often refuses to recognize a house as residential for some far-fetched reasons.

Example: The administration refuses on the grounds that the owners have a serious debt for utility services (for example, for electricity). However, from the point of view of legislation, this reason cannot be considered valid, because regardless of the status of the house, the owners will still have to pay the debt. As a result, when going to court, the decision will be on the side of the applicant, and not the administration.

The procedure for converting a garden or country house into residential status can be so complicated that it simply cannot be done without an experienced lawyer. This is especially true if the home has a controversial condition or location and may require going to court. At a free consultation, experienced lawyers will talk about the main and most important elements that need to be taken into account. In addition, they can also take on interaction with the administration or even represent the client’s interests in court.

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Author of the article

Natalya Fomicheva

Website expert lawyer. 10 years of experience. Inheritance matters. Family disputes. Housing and land law.

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What to do if officials refuse

The conversion of a garden house into a residential one may be refused for a number of reasons, for example:

all necessary documents have not been provided;
the application was submitted by a person who does not have rights to real estate;
the type of permitted use of land does not provide for housing.

In some cases, it is enough to correct errors, for example, to supplement the package of documents or change the permitted use. In others, the refusal is issued illegally. If the officials refused in violation of the applicant’s rights, it is necessary to appeal the refusal in court or, as an alternative, to recognize the house as residential through the court.

Each situation is individual and requires a special approach. In order not to make a mistake with the choice of requirements and the wording of the application, contact our lawyer for help - the chat window is in the lower right corner of the screen.

The procedure for converting garden property into residential property has been significantly simplified in 2021 - however, it still requires careful attention to the collection of documents. Now the key point is to prepare the correct technical report from a competent specialist. The administration’s decision to transfer or refuse to transfer to a new status depends on how detailed the research is conducted.