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- What awaits you in 2021 if you purchased real estate before 1998 or inherited it.
What awaits you in 2021 if you purchased real estate before 1998 or inherited it.
The procedure for registering real estate ownership has changed several times over the past thirty years, so legal ownership of a property can be confirmed by several different documents.
A new construction object as an object of law is recognized as existing from the moment of state registration (hereinafter referred to as state registration) of the right; Until the moment of state registration, the newly created (newly created) immovable thing does not legally exist.
In accordance with Art. 219 of the Civil Code of the Russian Federation, ownership of a building, structure and other newly created real estate arises from the moment of state registration of the right. From the moment of state registration, an object of unfinished construction also becomes an object of ownership.
Ownership of an unfinished construction project is registered on the basis of title documents for the land plot (or documents confirming the right to use this land plot, for example a lease agreement) on which the unfinished construction project is located, and a construction permit, if in accordance with the legislation of the Russian Federation for construction of the facility being created requires obtaining such a permit.
The owner of a land plot acquires ownership of a building, structure or other real estate erected or created by him for himself on a land plot owned by him, subject to compliance with the requirements of the law and other legal acts, including town planning and construction norms and regulations during construction.
Ownership of a newly created property arises on the basis of the totality of the following legal facts:
- legal regime of the land plot - the category and permitted use of the land plot allow the possibility of constructing a real estate object for a certain purpose;
- the construction of the facility was carried out by a person who has a property or obligation right to the land plot;
— the conditions for the use of a land plot, established by law, the owner’s decision to provide the land plot, or an agreement with the owner, allow the construction of a specific real estate object;
- construction was carried out on the basis of a construction permit obtained from an authorized body of state power or local government, if, in accordance with the requirements of urban planning legislation, it must be carried out with a construction permit;
— during the construction of the facility, urban planning, construction, environmental and other standards were observed;
- the object was erected by the developer for himself, with the purpose of acquiring ownership rights, and not for other persons.
For created real estate objects, a special basis for state registration of rights and a document confirming the fact of its creation is a permit to put the object into operation (for objects built after the introduction of the new Town Planning Code on December 30, 2004), for objects completed before December 30, 2004, the act is acceptance of the facility into operation.
A building permit is a document confirming the compliance of project documentation with the requirements of the urban planning plan of a land plot and giving the developer the right to carry out construction, reconstruction of capital construction projects, as well as their major repairs. The issuance of a building permit is not required in the following cases:
1) construction of a garage on a land plot provided to an individual, or construction on a land plot provided for gardening or dacha farming;
2) construction of buildings and structures for auxiliary use on the land plot
A permit to put an object into operation is a document that certifies the completion of construction, reconstruction of a capital construction object in full in accordance with the construction permit, the compliance of the constructed, reconstructed capital construction object with the urban planning plan of the land plot or, in the case of construction, reconstruction of a linear object, with the planning project territory and land surveying project, as well as design documentation
When creating real estate objects, you need to know (take into account) that a building, structure or other structure erected, created on a land plot that was not provided in the prescribed manner, or on a land plot, the permitted use of which does not allow the construction of this object on it, or erected, those created without obtaining the necessary permits or in violation of town planning and construction norms and rules are unauthorized buildings (Clause 1 of Article 222 of the Civil Code of the Russian Federation).
According to paragraph 2 of Art. 222 of the Civil Code of the Russian Federation, a person who has carried out an unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the construction - sell, donate, lease, or make other transactions. An unauthorized building is subject to demolition by the person who carried it out or at his expense, except for the cases provided for in paragraphs 3 and 4 of Art. 222 of the Civil Code of the Russian Federation.
In accordance with paragraph 3 of Art. 222 of the Civil Code of the Russian Federation, the right of ownership of an unauthorized structure may be recognized by the court, and in cases provided for by law in another manner established by law, for the person in ownership, lifelong inheritable possession, permanent (perpetual) use of which is the land plot on which the building was created, with simultaneous compliance with the following conditions:
if in relation to the land plot the person who carried out the construction has rights allowing the construction of this object on it;
if on the day of going to court the building complies with the parameters established by the territory planning documentation, land use and development rules or mandatory requirements for building parameters contained in other documents;
if the preservation of the building does not violate the rights and legally protected interests of other persons and does not create a threat to the life and health of citizens.
In this case, the person whose ownership of the building has been recognized shall reimburse the person who carried it out for the costs of construction in the amount determined by the court.
Local government bodies of a city district (municipal district if an unauthorized building is located on an intersettlement territory) have the right to make a decision on the demolition of an unauthorized building if it is created or erected on a land plot that is not provided in the prescribed manner for these purposes, if this land plot is located in a zone with special conditions for the use of territories (with the exception of the zone for the protection of cultural heritage sites (historical and cultural monuments) of the peoples of the Russian Federation) or on public territory or in the right of way of utility networks of federal, regional or local significance. Within seven days from the date of the decision to demolish the unauthorized structure, the local government body that made such a decision sends to the person who carried out the unauthorized construction a copy of this decision containing the deadline for the demolition of the unauthorized structure, which is established taking into account the nature of the unauthorized construction, but cannot be more than 12 months.
If the person who carried out the unauthorized construction has not been identified, the local government body that made the decision to demolish the unauthorized construction is obliged, within seven days from the date of such decision:
ensure publication in the manner established by the charter of the city district (municipal area if the unauthorized building is located on an intersettlement territory) for the official publication (promulgation) of municipal legal acts, a message about the planned demolition of the unauthorized building;
ensure that a message about the planned demolition of an unauthorized building is posted on the official website of the authorized local government body on the Internet information and telecommunications network;
ensure that notices about the planned demolition of the unauthorized structure are posted on the information board within the boundaries of the land plot on which the unauthorized building has been created.
If the person who carried out the unauthorized construction has not been identified, the demolition of the unauthorized construction can be organized by the body that made the relevant decision no earlier than two months after the date of posting on the official website of the authorized local government body on the Internet information and telecommunications network » messages about the planned demolition of such a building.
