Registration of ownership of a residential building according to the new rules, in practice

Technical plan of the house

To prepare a technical plan for the structure, a specialist must visit to take measurements.
At this time, the owner of the house must be on site, open the house, present the premises. Measurements are being taken. Then the cadastral engineer prepares a document that goes for registration with Rosreestr. This is a simplified plan for general understanding. The cost of work is from 5 to 30 thousand rubles, determined by the object (distance from St. Petersburg, floor area, number of floors, urgency). In some cases, urgent work is possible - 1-2 days.

List of useful documents

Documents for download:

Suspension, refusal to register a house

In 2021, many new restrictions have appeared in documents for land plots that are not in the owner’s document. These are new cumbersome records that prevent normal registration. It is important to analyze these restrictions before concluding an agreement with a cadastral engineer, and, if they exist, to think about compensatory measures or even about the possibility of registering the object.

If you have submitted documents for registration and have received a refusal or suspension of property registration, come to us. Let's think together what to do. In some cases, Rosreestr may be wrong, in others the Administration. Then you will have to go to court. And thirdly, if a house is built with violations, for example, under power lines, it certainly cannot be residential, and a house built in the water protection zone of a water body must necessarily have additional treatment facilities... You can find out about this from the lawyers of our organization.

How to register a built house on an individual housing construction site

If you built a house without obtaining a permit for construction work, then upon completion of construction you will have to go through a procedure to legalize it. The procedure for registering such a building is determined by the Town Planning Code of the Russian Federation. The procedure can last several months and will require quite a large financial investment, especially if you have to use the services of a specialist.

There are three options for this case:

• Recognize the construction as legal in court.
• Obtain a building permit after the actual construction of the house. To do this, when applying for a permit, you do not need to report the construction, obtain the necessary document, and then hand over the object after a certain time.
• Submit an application to preserve the house to the commission for the suppression of unauthorized construction. If the decision is positive, you will be given a permit and all the necessary documents.

Once your building has been declared legal, you should begin the paperwork to obtain the property in accordance with the procedure described above.

Work options

• ​Register the house as a residential or garden house;
• Convert a residential building into a garden building or a garden building into a residential one;
• “Move” the house to another location (link coordinates or deregister the old house and register the new one);
• Carry out reconstruction without a project (deregister the old house, register a new one);
• If the offset from the boundaries is violated, register the object (in most cases);
• register a house without surveying the land on which it is located.

So what is usually meant by a “residential building” object?

As of today, no such clear definition as “residential building” is prescribed by any clauses of the law.

As usual, buildings that have the following characteristics are classified as individual housing construction:

• The building is located separately from other buildings nearby.
• The building does not have adjacent walls with other buildings that are intended for housing.
• Only one family lives in this house.
• The building is no more than three floors in height.

A house built on an individual housing construction site must be assigned an address. In order to make it possible to live in this house all year round, various communications are connected to it. Only then will family members be able to register in a residential building.

List of necessary documents for registration of houses

1. Document on ownership of the land plot;

2. Passport.

Algorithm of actions:

1. By email By mail or at an in-person meeting, you must provide the lawyer with the cadastral number of the land plot to determine the presence of a land plot. If there is a work permit, you can enter into a contract for the work and a sample power of attorney is provided,

2. At a time agreed upon by the parties, a cadastral engineer and a lawyer will come to your site to open and show the house to take measurements.

Documents required to conclude an agreement:

document on ownership of the land plot (Certificate, Extract from the Unified State Register of Real Estate) and a passport of a citizen of the Russian Federation.

2. Based on the results of cadastral work, the cadastral engineer prepares a technical plan.

In the process of preparing the technical plan:

— the characteristics of the house are agreed upon with you (purpose: residential/garden, other);

— You provide a notarized power of attorney to work with Rosreestr.

3. Based on the power of attorney, we submit the technical plan to Rosreestr.

4. After cadastral registration and state registration, we receive an Extract from the Unified State Register of Real Estate - a document confirming your ownership of the objects.

The duration of services is approximately one month. If they start doing everything now, work delays may begin, since Rosreestr sometimes fails to process submitted orders on time.

The legislative framework

In 2021, ownership of residential real estate, which includes buildings on individual housing construction sites, is determined on the basis of Law No. 218-FZ . As soon as such a law was introduced, every owner who wants to formalize his building for personal use must obtain permits for its construction.

Let us note the main steps that must be taken before individualization of construction rights begins:

• We check for what purposes the land on the site can be used.
• We are obtaining permits for the construction of our house.
• We carry out construction work.
• We are putting our house into operation.
• We receive documents: cadastral passport and technical passport for the house.
• And we register the house for personal use

Which house to decorate: residential or garden? About taxes

A residential building is decorated or a garden building, there is no difference in taxes, taxes will be taken as from residential buildings. But some nuances can be applied during registration and create the right prerequisites for your taxes.

• As long as the house is not registered, there is no tax (Article 400 of the Tax Code). But for failure to comply with the requirements for mandatory registration of houses and other buildings, they will be fined (there are exceptions) or taxes on the land plot will be increased.
• What is taxed: any buildings (residential building, garage, bathhouse, other buildings, structures, structures, premises.) Moreover, according to clause 2 of Art. 401 of the Tax Code of the Russian Federation, houses and residential buildings located on land plots provided for personal subsidiary plots, dacha farming, vegetable gardening, horticulture, individual housing construction, are considered residential for tax purposes. Therefore, no matter how the house is decorated, the tax will be levied on the basis that the house is residential.
• The tax base is a cadastral value, indexed annually and depending on many factors (material, year of construction, etc.). Its value after registering an object can be viewed on a public cadastral map, for example, by the cadastral number of the object. By the way, if it is really too high, it can be reduced. Contact us. The tax base is reduced: if part of the house, then minus 20 sq.m., if the whole house, then minus 50 sq.m.
• Article 406 of the Tax Code determines the amount of tax for houses, garages, and other buildings at approximately 0.1% percent of the value of the property (if the total value is more than 300 million rubles, there will be a progressive tax of up to 2%).
• Tax benefits are specified in Art. 407 Tax Code (disabled people, pensioners, a number of military personnel, etc.). But the benefit is provided only for one object of each type. If, for example, there are 2 houses on a plot, then the second house is no longer eligible for benefits. To receive the benefit, you must submit an application in the prescribed form to the tax authority before November 1. “If ... notification of the selected taxable object is not provided, a tax benefit is provided in respect of one taxable object of each type with the maximum calculated amount of tax.” By the way, you can ask for a recalculation of the tax amount for the 3 previous tax periods if the benefit was not applied (Article 408 of the Tax Code, paragraph 6).

Advice from a lawyer (deadlines, fines, taxes, etc.)

• The fines for an unregistered house in gardening, which are promised on TV channels, are nothing compared to the situation when an unregistered house stands on an unregistered plot of land. Starting from 2026, such buildings will be extremely difficult or even impossible to register as property, and there is a danger that the building will be recognized as unauthorized and subject to demolition.
• If the land is owned, but registered before 1998 (before the date of creation of Rosreestr), you should urgently register the previously acquired right (RVP) to the land plot.
• For a country house or a house on SNT land, property tax is not collected from pensioners, and for all other citizens, an area of ​​up to 50 sq.m. is not taxed.
• A building permit is not required to register ownership of a house on a number of plots until 2026.
• If a house was registered in the cadastral register in the past, but there is no information about anyone’s rights to it, after 5 years from the moment such a fact was discovered, the property may be considered ownerless.
• Using a technical plan for a house (building), you can adjust the technical characteristics of the object in Rosreestr (in the Unified State Register of Real Estate), which will lead to a decrease in the cadastral value of the object, and, as a result, to a reduction in taxes.

Why do you need to register your home as your own?

• It will be possible to register in a “residential” building and also register a car at this address, reducing the tax.
• House documents are necessary and useful when selling real estate in two cases: to increase the sale price of a land plot and/or to confirm the owner and the rights (or absence) of third parties to it. The absence of “mentions” about real estate objects in purchase and sale agreements may in the future lead to unpleasant legal disputes or repeated purchases of buildings
• Drones have already begun to fly, recording buildings. Violation of the registration law will be punishable by fines.
• There is a good chance of legalizing a house built with violations (currently the law does not require approval of the house design and compliance with certain standards).
• A registered house can serve as collateral in a bank. For mortgage loans when purchasing apartments, DDU is an advantage.
• The house can be insured, and in case of troubles of an insurance nature, you can receive insurance compensation.
• In a number of houses you can register. Again, this can be facilitated by a properly drawn up technical plan of the house.
• For many citizens, disputes over the rights to a home are resolved.

Call with any questions!

How to register a house on a private plot

When erecting a building on a personal plot, certain difficulties may arise with its registration. Without property rights formalized in compliance with the entire procedure, you will not be able to dispose of your property: sell, rent, give, inherit, or even simply live in it.

If you decide to build a house on land allocated for personal plotting, you need to carefully study the list of all the requirements that the building must meet and the list of necessary documents:

1. a private plot of private plots can be purchased;
2. can be rented from the land owner;
3. can be obtained free of charge from regional authorities if:

• you have been recognized as low-income;
• there are group 1 disabled people in the family or there is documentary evidence that you need to run a subsidiary farm;
• you are raising more than three minor children (your family is recognized as having many children).

The legally established area of ​​plots for personal plots is 5 hectares, but by decision of regional authorities it can be increased to 20-25 hectares.