Unauthorized construction of a property on a garden plot is not a reason to consider it property. It is transferred to this category only by registering a country house with the appropriate service and receiving a cadastral number. Registration of a garden house as a property makes it possible to carry out many legal transactions with this property - donate, exchange, inherit, insure, use as collateral for lending and obtaining a mortgage.
The state met the owners of unregistered real estate halfway and proposed in 2006 a simplified version of the legal mechanism for registering proprietary rights to a house in the SNT. This program is popularly called the “dacha amnesty,” which was supposed to be in effect until 2015, but has now been extended until March 1, 2021. Therefore, if you did not have time to take advantage of the simplified option for legitimizing buildings in gardening, you will be interested in step-by-step instructions on how to register a house on a summer cottage in 2021.
Why is registration necessary?
Recent amendments made to the legislation confront owners of country real estate with the need to register it. Here are several options when decorating a country house is preferable:
- carrying out transactions for the alienation of property - sales, donations, wills, exchanges, donations;
- the possibility of presenting even an unfinished object as collateral to the bank to obtain a loan;
- to draw up a property insurance contract for the construction;
- so that it is possible to receive full compensation for the building and land in the event of their seizure for complex development;
- to avoid controversial issues with neighbors regarding the location of plot boundaries;
- to connect the necessary communications if you plan to use the dacha for permanent residence;
- in order to avoid recognition of the structure as illegal with its subsequent demolition at the expense of the owner.
An unregistered house is the hope for the Russian “maybe” Source soroka.news
See also: Catalog of companies that specialize in designing country houses.
Registration procedure
The law gives owners of country houses the right to register buildings on their garden plots using a simplified method. Conventionally, this law is called the “dacha amnesty.” Its application period has been extended until March 2021.
To understand how to properly register a built house, you need to decide whether it falls under the dacha law or should be taken into account on a general basis.
To register real estate under the amnesty, obtaining a construction and operation permit is not required, which greatly simplifies the process.
The following capital structures that have a foundation and walls inseparable from it fall under this procedure for registering ownership of dacha real estate:
- houses for temporary or permanent residence, as well as storage of equipment;
- garages located on the garden plot;
- solid outbuildings - bathhouses, sheds, gazebos and others.
If the buildings on the site do not belong to the specified type of structure, then they are not subject to registration.
Important! If you receive a plot of land before 2001, you can privatize and register it as ownership free of charge and through an expedited procedure.
Some land plots can be registered quickly and, importantly, free of charge Source namvd.ru
Registration of a building on a summer cottage is carried out according to the following algorithm:
- A cadastral engineer from the BTI or a specialized organization that has permission for this type of work is invited. The specialist takes measurements, draws up a floor plan and sets the coordinates of the house. He prepares a technical plan and transmits it electronically to Rosreestr and the customer. He also fills out a new declaration form and agrees it with the customer.
- The state duty is paid in accordance with the Tax Code.
- A package of legal and technical documents is being prepared.
- With the collected package of materials, you should contact the MFC to register ownership of the house.
- Pick up the completed extract from the Unified State Register from the MFC.
To carry out expedited registration of construction on a suburban site, you must present the following documents:
- owner's passport;
- check for payment of state duty;
- documents confirming receipt of land for use and ownership rights to it;
- declaration in electronic form;
- cadastral passport for land;
- technical plan of the house.
If the structure is not covered by the dacha amnesty, then the procedure becomes a little more complicated.
Not all suburban buildings are covered by the dacha amnesty Source advokat-buro.info
Then, to register a permanent structure on a plot of land in SNT, a building permit must be obtained.
The time frame for obtaining a property document at the MFC ranges from 7 to 10 days. If any more documents are required, it may increase.
The declaration of real estate is drawn up by the copyright holder or his authorized representative in the form of a paper or electronic document. It contains information about the property, information about title and title documents, information about the copyright holder and representative.
The dacha amnesty is a simplified procedure for registering citizens’ rights to real estate, the construction of which does not require obtaining a building permit. Such objects, in particular, include individual housing construction projects (residential buildings, individual residential buildings), garages built on land plots provided to citizens, as well as residential buildings built on garden land plots, garden houses, outbuildings, determined in accordance with with legislation in the field of gardening and vegetable farming (clause 39, article 1, part 17, article 51 of the Civil Code of the Russian Federation).
Why do you need a real estate declaration?
The declaration of real estate is an integral part of the technical plan, which is necessary for cadastral registration and registration of rights to real estate (including unfinished construction), for the construction of which, in accordance with the law, a building permit is not required (Part 11, 11.1 of Art. 24, Part 10, Article 40 of Law No. 218-FZ).
The declaration is drawn up and certified by the owner of the land plot on which the created property is located, or his representative (clause 2 of the Requirements, approved by Order of the Ministry of Economic Development of Russia dated December 18, 2015 N 953).
How to fill out a real estate declaration
The declaration can be issued in the form of an electronic or paper document.
All records, with the exception of cases established by the legislation of the Russian Federation, are made in Russian. Numbers are written in Arabic numerals (clause 6 of the Requirements).
You can draw up a declaration in the form of a paper document using technical means, as well as manually (by hand) or a combined method (clause 9 of the Requirements).
The Declaration includes the following details (clauses 11 - 17, 19 - 22 of the Requirements):
1. “Type, purpose and name of the property” - you need to select from the list and mark the corresponding object with a “V” sign, indicating, in particular, the purpose: “residential” or “non-residential”. In the line “Purpose of the structure”, if there is no type of purpose corresponding to the actual purpose, “other structure” is indicated. In this case, the actual purpose of the structure is indicated in brackets.
The line “Type(s) of permitted use of the property” indicates the type(s) of permitted use of the property, including the one(s) selected from those established by the town planning regulations in relation to the relevant territorial zone, taking into account the restrictions on the use of the land plot.
2. “Address (location) of the property” - indicated in accordance with the Federal Information Address System (FIAS). If an object is not in the address register, the address is entered on the basis of an act of a state authority or local government authority authorized to assign addresses to real estate objects. If there is no official address, the “Other” line indicates: the name of the subject of the Russian Federation, municipality, locality, street (avenue, highway, boulevard, alley), building number (if any).
If the plot is located in a horticultural non-profit partnership, its full name is indicated.
3. “The number of the cadastral quarter (cadastral quarters) in which the property is located” - is indicated if such information is available.
4. “Cadastral number” - filled in if such information is available, in particular, in relation to the land plot within the boundaries of which the object in respect of which the declaration is being filled out is located.
5. “Description of the property” - information is indicated depending on the type of property.
6. “Copyright holder of a real estate object (land plot on which a building, structure, unfinished construction object is located)” - indicate: last name, first name, patronymic (if any) and SNILS of the individual (in the absence of SNILS - details of the identity document, and also address of permanent residence or primary residence).
If the copyright holders are participants in common property, then the declaration indicates information about one of them, information about the rest is given in the appendix. In this case, the details indicate: “The list is given in the appendix on __ sheets.” If the declaration is drawn up in the form of an electronic document (with the exception of its registration in relation to a parking space), the number of details must correspond to the number of participants in the common shared ownership. The declaration is signed by all participants in the common property (Appendix No. 3 to Order No. 953).
7. “Information about the representative of the copyright holder of the property (land plot on which the building, structure, unfinished construction is located)” - is filled in if the declaration is submitted by a representative of the copyright holder. In this case, the details of the document on the basis of which the representative acts, surname, name, patronymic (if any) and SNILS (in its absence - the name and details of the identity document, address of permanent residence or primary residence) are indicated.
8. “Title, title certifying documents for a real estate property (land plot on which a building, structure, unfinished construction project is located)” - indicate the names, numbers, dates of documents establishing or certifying the right of the person on whose behalf the declaration is submitted to the land plot , on which the registered real estate object is located (right of ownership, lifelong inheritable possession, permanent (perpetual) use, lease of land).
Copies of title and title documents for the property (the land plot on which the property is located), as well as copies of documents confirming the authority of the representative of the copyright holder, are included in the annex to the declaration (clause 24 of the Requirements).
Unfilled lines of declaration details are not excluded; they are marked with a “-” (dash).
If information related to any details does not fit on one sheet, it is allowed to place them on several sheets or on the back of the corresponding sheet. In this case, on each sheet or on each page the words “Declaration of the property” and the name of the corresponding details of the declaration are reproduced.
The numbering of the sheets of the declaration prepared in the form of a paper document is continuous within the document (clause 10 of the Requirements).
The declaration in the form of a paper document must be bound and countersigned by the person completing the declaration. The signature and transcript of the signature of the person who filled out the declaration is placed on the back of the last sheet of the declaration indicating the date of preparation of the declaration (clause 8 of the Requirements).
A declaration prepared in the form of an electronic document is certified by an enhanced qualified electronic signature of the person who filled out the declaration (clause 7 of the Requirements).
Possible complications during registration
Even knowing how to decorate a country house, its owners may have some difficulties, for example:
- The need to go to court to speed up the protracted procedure for registering housing in a dacha.
- Inconsistency of data in technical terms with those already available in the Unified State Register of Real Estate.
- If the house was built a long time ago, and the documents for it have been lost, then restoring rights to it may take several months.
Themis's check will take some time Source kichgorod.ru
Construction and operation permit
For houses and outbuildings on garden plots, in accordance with Art. 51 of the Civil Code of the Russian Federation, registration of construction and operation permits is not required.
If the owner decides to build a permanent house on such land for living in winter and summer, then a construction permit must be obtained from the local administration. In this case, it is necessary to take into account what type of permitted use the land has. This will be required if it becomes necessary to convert the country house into a residential building.
Until March 2021, there is no need to obtain an operating permit for individual housing construction projects.
What should the site be like?
In order for a house in SNT to be registered as residential, the plot must be located on lands belonging to populated areas. If the house is on a plot that is classified as agricultural land, then before converting it into residential, you will need to transfer the land from one category to another.
Question and answer Is it possible to prohibit neighbors from parking in front of the fence of your property?
In some cases, transferring agricultural land (dacha or gardening) to the category of individual housing construction, that is, land where buildings can be erected for residential purposes, is impossible. This mainly applies to areas located outside populated areas, on agricultural lands. Such plots can be transferred to the category of individual housing construction only if they are adjacent to the boundaries of a city or village.
