How to register a built house on an individual housing construction site: obtaining permission to put it into operation, and is it necessary to register an object such as a bathhouse on a land plot? YurExpert Online

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Published: 11/16/2017

Reading time: 9 min

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Real estate located on Russian territory must be registered. After a house has been built on a plot of land for individual housing construction, it is necessary to start legalizing the ownership rights to it. Without going through this procedure, the owner of the house will not be able to fully dispose of it: give it away, sell it, exchange it or rent it out.

Registration of home ownership
List of activities Preparation of technical plan
Cadastral registration
Contact Rosreestr
Drawing up an application
Issuance of documents confirming ownership

Actions before construction starts

A plot intended for individual housing construction is a type of land that is permitted for use and involves the construction of residential buildings, outbuildings and other outbuildings on it. The main purpose of citizens acquiring land for individual housing construction is to use it for personal and family needs.

IMPORTANT! The provision of land plots to individuals who are in state or municipal ownership for running subsidiary farming within the boundaries of a settlement and individual housing construction is regulated by the Land Code of the Russian Federation (Federal Law No. 136 of October 25, 2001).

To start building a house on an individual housing construction plot, you need to obtain permission, as well as agree on a construction plan (you can find out how to obtain a building permit on a plot allocated for individual housing construction here, and from this article you will learn about what documents are required for this necessary). In this case, the land can be purchased for registration as property, or the plot can be leased. To obtain a building permit, you must:

Prepare a construction plan.
Agree on the document with the local Urban Planning Committee.
Obtain permission from the local committee.

The issuance of construction permits is carried out in accordance with Art. 51 of the Town Planning Code of the Russian Federation (Chapter 6) and is valid for 10 years (Clause 19). It can be extended upon application by the developer submitted at least 60 days before the expiration of the permit.

Without a building permit, ownership of property on an individual housing construction site is impossible, since it does not comply with the requirements of Law 218-FZ of July 13, 2015.

Cadastral registration and registration of unfinished houses

According to the current legislation, it is possible to register an unfinished house as a property at almost any stage of its construction. For example, only pouring a strip foundation. The order of work in this case will be as follows:

A cadastral engineer comes out (to avoid repeated work and calculation errors). An agreement is concluded with him to produce a technical plan for an unfinished house. Next, one (or several) of the documents on hand is provided: building design, technical passport (issued before January 1, 2013), declaration.
The cadastral engineer himself will submit information to Rosreestr. Next, you need to take an extract to confirm the cadastral registration.
After confirmation, you will need to indicate to the engineer the individual cadastral numbers of your house and the land plot on which it is built.
You receive an extract from Rosreestr for an unfinished construction project.

If the house has no more than three floors, then it is not necessary to draw up a project for it. However, during the construction of a house there may be violations on the part of the developer.

When the owner decides to sell a house while still under construction, the problem arises that the unfinished property is not yet registered in the state cadastre. In this case, it is practically impossible to decide his legal fate in the absence of an extract from Rosreestr. This process is very specific, since a technical plan is initially formed on the basis of design documentation.

Requirements for the future building

To obtain permission from the Town Planning Committee, the future residential building must meet the following requirements:

A detached property with no more than three storeys, intended for single-family residence.
There is no adjacency between the walls and other neighboring buildings.
The residential building is equipped with all communications:
- electricity;
sewerage;
ventilation system;
heating system.

It must be suitable for year-round use.

The area of premises inside the house must comply with the minimum living space standards per person.
The house must be stationary , built on a foundation.

The size of the individual housing construction plot should be:

for an urban district - no more than 10 acres;
for a village - 15 acres;
for a village - no more than 25 acres.

Read in detail about the standards for the development of individual housing construction sites here, and from this article you will learn about what buildings can be built on the individual housing construction site next to the house and whether reconstruction of the objects is permissible.

Is there a difference in confirming rights to residential and non-residential properties?

A residential building is recognized if it is suitable for year-round living. To register such an object, it is necessary to provide a document on ownership or the right to use the land. In addition, the house must be registered in the cadastral register in accordance with the technical plan of the structure.

After March 1, 2021, in order to register a residential property on an individual housing construction site, you will need another document - permission to put it into operation.

A non-residential house is a building not intended for year-round use. Usually these are buildings erected on garden or summer cottage plots. To register rights to these buildings, current legislation provides for a simplified procedure with a minimum of necessary documents:

Declaration of the property.
Certificate of a citizen's right to a plot.
Certificate of payment of state duty.

However, such a procedure can only be carried out with real estate on land plots allocated for use before 2001. To register other non-residential buildings, from January 1, 2021, a technical plan is additionally required.

If the house was built a long time ago and there is a technical certificate for it, there is no need to change it to a new one.

Documents for registering a house on an individual housing construction plot

In order for a building to be registered as an individual housing construction project (IHC), its owner must go through several preliminary stages:

Register ownership of a plot of land, indicating that it is intended for individual housing construction;
Build a house no more than 3 floors high;
Collect the package of necessary documents and contact a representative of the relevant authority for registration.

It is required to collect the following package of documents:

Documents confirming the identity of the applicant, including a passport. It is necessary to provide both copies and originals to verify the authenticity of the papers;
A written application for registration of a building as an individual housing construction project. Such a statement must be written on behalf of the owner;
Title documents for land plot. Such documents include a certificate of registration of property rights, contracts of purchase and sale, exchange, privatization, rent, a will or a document on the right of inheritance, a deed of gift;
Permission to construct a building and put it into operation. If there is none, you must submit a document certifying that the house was built without permission;
Certificate from the Unified State Register of Rights (USRP). Since 2016, it has been a single document confirming the right to own real estate;
Cadastral and technical passport, as well as a building plan. To obtain documents, you need to contact the Bureau of Technical Inventory (BTI).

It is best to clarify the list of documents in advance with the local registration authority, so that in the future you do not have to collect the missing ones after refusing to accept papers due to incompleteness.

How to obtain permission for individual housing construction?

How to put individual housing construction into operation, read here.

Read about construction standards on the individual housing construction site at the link:

Is registration always necessary?

Is it necessary to register, for example, a bathhouse? Individual housing construction can be used not only for the construction of one main object intended for housing, but also auxiliary structures, such as a garage, bathhouse, barn, and other outbuildings.

According to Part 17, Art. 51 of the Town Planning Code of the Russian Federation, a construction permit is required only for objects that have the status of permanent buildings . These include a residential building, but do not include:

garage;
auxiliary and outbuildings, including a bathhouse;
objects located on a site intended for gardening, vegetable gardening and summer cottage farming.

Accordingly, registration of these objects is not necessary.

However, if the bathhouse is capital, i.e. has a foundation and its movement is impossible without damage, it can be registered as property in order to simplify the procedure for selling the plot, as well as in case of resolving possible disputes with neighbors.

It is worth remembering that from January 1, 2015, according to the Tax Code of the Russian Federation, when registering ownership of a building, it has a cadastral value. Accordingly, if the area of the property is more than 50 sq.m., the obligation to pay property tax arises. If the area of the property is less than 50 sq.m., you can prove your rights to a preferential deduction with the Federal Tax Service, but this will take some time, which not everyone wants to spend.

When can a completed building be registered?

You can register a house as your own only on a plot of land that is also owned. Therefore, if a plot is transferred for free use or long-term lease, it is necessary to register ownership of the land through acquisition or other means. To register, you need to contact your local administration.

If the house has not yet been built, you will need to obtain a building permit. After completion of construction, and also if the house already existed, it is necessary to draw up cadastral and technical documentation by contacting a cadastral engineer and the BTI. Once all the necessary technical documentation is ready, you can begin state registration of property rights.

Receive notifications from your local government

At the stage of submitting a notice of the start of construction, owners and tenants of land plots are faced with the need to take into account specific nuances. A number of questions arise when preparing a package of documents and filling out the forms required by law. specializes in solving such problems. The lawyers on staff monitor every stage of the procedure, prepare documents, undergo approval by the relevant authorities and contact local authorities.

Owner participation with this approach is minimized. Quickly achieving a positive result allows you not to postpone the construction date indefinitely. In addition to lawyers, our company employs cadastral engineers and surveyors. Thanks to the presence of such employees, we have been performing the following types of work for seven years:

carrying out topographic survey of the land plot;
coordination of filming with operating organizations;
coordination with the district administration;
obtaining GPZU;
preparation of the SPROM;
receiving notification of construction compliance;
design;
conducting surveys before the start of construction;
Registration of real estate objects for cadastral registration.

We are ready to develop a description of the external appearance of the individual housing construction project if the site is located within the territory belonging to historical settlements. Lawyers will provide assistance in resolving the issue of approving construction with the cultural heritage department if the site is included in the protection zone of such an object. The final result and the list of obligations assigned to the company are specified in the contract. In addition to performing engineering work, the owner can count on representation of interests in government bodies. The result of the work performed can be transferred to the customer in two ways: electronic (CD, flash drive, Internet) or printed on paper, if intermediate approvals are implied.

Step-by-step instructions for registration

Let's take a step-by-step look at how to decorate a built private house.

Preparation of documents

To register a built house on a land plot, individual housing construction provides the registration authority with:

Original and photocopy of passport.
Statement of the established form. It should contain:
- information about the name of the Rosreestr division where the documentation is submitted;
name and characteristics of the building;
information about the owner of the house;
consent to the processing of personal data.

If the application is submitted by an authorized representative of the owner, you must attach a document confirming the relevant authority of this person.

A document confirming a citizen's ownership of land.
Receipt for payment of state duty for registration of the house.
Document from the Unified State Register.
Permission to build a house and put it into operation.
Technical plan of the property, technical passport and cadastral passport.

Price

The cost of the state duty paid to register property rights is 2,000 rubles for individuals.
The cost of the state duty for the simplified registration procedure until March 1, 2021 is 350 rubles.
If you need to prepare cadastral and technical documentation, for this you pay for services at the BTI in the amount of 1,200 rubles.
It is better to check the cost of a construction permit with the local committee, since the fee may vary in different regions.

Where to contact?

To register property, you can contact Rosreestr in person or simplify the procedure by using an electronic resource or the services of the Multifunctional Center.

MFC. Many people prefer this method of submitting documents in order to save time waiting in lines at the required office in Rosreestr. At the MFC, in one window you can submit documents for registering a house, and an application for obtaining technical and cadastral documents, as well as pay the state fee. After acceptance, the MFC will send all documents for consideration to Rosreestr.
Rosreestr. The applicant personally submits documents to Rosreestr specialists, after which he receives a receipt confirming acceptance of the documentation. The applicant is given a date when the title deed will be ready to pick it up.
Government services. To obtain ownership rights to an individual housing construction project, you can go to the State Services website by first registering on the portal. Then you should upload the scanned documents to the service:
title documents for the house;
cadastral and technical passport.

Note! Additional documents may be required, of which the applicant will be notified.

Waiting times

An application received from the owner of a land plot to register a house is considered by Rosreestr within 7 working days from the date of submission of the documentation.
When submitting documents through the MFC, the deadline is 9 working days.
If documents are submitted for state cadastral registration and registration of rights, the deadlines are 10 and 12 days, respectively.

Obtaining a title document

When the date of readiness of ownership documents arrives, the owner must go to the authorized authority for a certificate. The applicant is notified of the readiness date when receiving the application and accompanying documents.

Penalties for unauthorized construction

If an object is built without receiving notification of the planned construction’s compliance with established standards, then such real estate will not be legalized, that is, put on the cadastral register. Therefore, a house built and not registered will be considered an unauthorized structure. In this case, the legislation of the Russian Federation provides for penalties and even the demolition of an unauthorized building if it is discovered. The function of bringing to administrative responsibility is assigned to representatives of government bodies. This norm does not apply to garages, bathhouses and utility facilities.

The owner must understand that if the illegal construction of a house or other structure on his property has not been identified, problems do not arise even in the absence of permission. However, difficulties have to be encountered at the stage of legitimizing the object. In addition, it will be necessary to convince officials of the need to secure the owner’s ownership of the constructed facility, as well as the legality of the demands put forward.

Many citizens are convinced that an illegally erected building can be registered at any time. In reality, several unpleasant surprises await such owners, the first of which is related to the impossibility of registering a building without first going to court. The latter must make a decision confirming ownership. Thus, the owner faces additional time and financial costs.

In addition, the possibility of a court decision on the mandatory demolition of an illegally erected structure that threatens people’s lives or violates the rights of third parties cannot be ruled out. The costs associated with the demolition of the structure are borne by the violator. The difficulties listed above are intended to prompt the owner to think about the advisability of legal registration of construction, starting with the submission of a notice of construction.

Commissioning permit

To register ownership of a house after its construction, it is necessary to obtain documents allowing the building to be put into operation. They confirm that the construction of the facility was carried out in full compliance with the issued permit and design documentation, and the capital building meets all necessary requirements.

To obtain permits, employees of the Bureau of Technical Inventory are called, who inspect the building and take the necessary measurements.
Based on the inspection, a technical plan and construction passport will be drawn up.
After this, you can submit an application to the local town planning committee to assign a personal address.
When the cadastral plan and passport are received, you can obtain permission to put a private house into operation with further registration of ownership. The period for obtaining permission is 10 working days.

The photo shows a sample permit for the commissioning of individual housing construction

You can learn more about how to obtain ownership documents for a house by watching the video:

How to decorate a house on a summer cottage

After March 1, 2021, to register ownership of a house you will need:

notify the local administration or Construction Supervision about the start of construction. Notification can be submitted through the MFC;
start construction work;
notify the relevant authorities about the completion of construction, also through the MFC;
wait for a special commission that will issue a conclusion on the compliance of the new building with the requirements of the legislation on urban planning;
If you receive such a conclusion, you need to provide it to Rosreestr and receive a document on ownership. If the commission does not consider it possible to issue a positive conclusion, it will be necessary to carry out reconstruction in accordance with the comments provided or completely demolish the structure.

Possible difficulties when registering country property:

sometimes going to court significantly speeds up the protracted registration process;
the data in technical terms may not correspond to the information already available in the Unified State Register of Real Estate;
If the property was built a long time ago and there are no documents for it, registering ownership will take several months.

There are cases in which you will be denied registration of a building on a summer cottage:

change in the legal status of a land plot - withdrawal from circulation or restriction of the right to use;
land boundaries go beyond the cadastral red lines;
discrepancies in the data on the boundaries of the site in the submitted documents.

Simplified procedure and “dacha amnesty” - what is it and how to use it?

Until March 1, 2021, citizens can take advantage of a simplified procedure for registering real estate , which is called the “dacha amnesty.” This procedure differs from regular registration in that there are fewer documents provided, but it is just as important that the land plot is transferred into the ownership of the applicant.

If a house built on a plot is classified as non-residential, it should be transferred to the category of residential property.

When registering a country house, the following documents are submitted:

a declaration that indicates: the area of the house, number of storeys, material of load-bearing walls, as well as information about connecting the object to utility networks;
cadastral passport;
title document for land;
from 01/01/17 an additional technical plan is required.

A building permit is not required when registering a garden house.

IMPORTANT! Citizens who have the right to land plots and objects located on them, registered before 2001, can take advantage of the simplified registration procedure.

This right is established by the Federal Law “On the Entry into Force of the Land Code of the Russian Federation,” as well as Art. 49 of Federal Law No. 218-FZ.

After the documents are verified, the property will be assigned an official address, and the owner and his family members will be able to register there.

Under the “dacha amnesty”, the following categories of citizens can register a house on a garden plot:

having the right of lifelong ownership by right of inheritance;
owners of a plot intended for gardening purposes;
owners of a dacha plot;
citizens who own land with the right of perpetual use.

It is important to remember that free privatization of dacha and garden plots is valid until March 31, 2021.

The legal field has been laid out for guest houses

20K 2 3 min.

Owners of houses located on land for residential development were allowed to rent out premises for temporary residence. Thus, Rosreestr legalized the activities of guest houses, which previously had to be converted into non-residential premises in order to provide accommodation services. This made it impossible for their owners to live and register in such houses, which caused mass protests among the owners of this type of business on the Black Sea coast. Now, according to experts, a whole layer of entrepreneurs will be able to emerge from the shadows, adding to the tax base of local budgets.

In resort regions, renting out rooms to tourists during the season is often the only source of income

Photo: Vasily Deryugin, Kommersant

In resort regions, renting out rooms to tourists during the season is often the only source of income

Photo: Vasily Deryugin, Kommersant

The Federal Service for State Registration, Cadastre and Cartography (Rosreestr) has made changes to the classifier of types of permitted use of land plots with the code “Residential Development”. Now citizens living in residential buildings located on lands for individual housing construction can rent out premises there for temporary residence. The relevant information was published in the digest of legislative changes of Rosreestr in the field of land and real estate for the third quarter of 2021.

Previously, it was prohibited to provide residential premises under lease agreements on plots allocated for residential development. This, in particular, concerned guest houses, which could only be used as accommodation facilities by converting them into non-residential premises. This, in turn, did not provide the possibility of permanent residence and the possibility of registering the owners of these properties, the vast majority of whom had this as their only home.

Last December, residents of private houses in Gelendzhik recorded a video message to President Vladimir Putin asking for support. The city authorities, seeing the operation of guest houses located on lands for individual housing construction as entrepreneurial activity, demanded through massive lawsuits to change the status of the objects from “households” to “commercial premises.”

In March 2021, the authorities of the Krasnodar region sent their proposals to Rostourism to legalize guest houses located on the lands of individual housing construction, of which there are more than 10 thousand in the resorts of Kuban. Rosreestr developed a bill, but the Ministry of Economy of the Russian Federation did not like it, where they doubted that it was worth regulating the segment according to analogies with hotels, since this can lead to negative consequences.

According to State Duma deputy from the Krasnodar Territory Svetlana Bessarab, in Kuban more than 200 thousand families provide accommodation services for citizens in guest houses. Now, according to the order of Rosreestr, they can do this legally.

“In resort regions, renting out rooms to tourists during the season is often the only source of income. This decision will allow us to preserve accommodation facilities that are popular with most tourists. As a result, budgets will receive taxes from those citizens who can now come out of the shadows. At the same time, this decision does not fully allow us to talk about the introduction of guest houses into the legal field. It is necessary to establish uniform criteria for classifying housing as guest houses, paying for utilities, and ensuring security,” the parliamentarian commented.

As Daniel Bashmakov, chairman of the Krasnodar regional branch of Opora Rossii, said, while the legitimacy of providing temporary accommodation in guest houses was discussed at various levels, the owners of such accommodation facilities continued to rent out rooms to tourists, only unofficially. Now, according to the interlocutor, everything has fallen into place. “We know a large number of entrepreneurs who operate rental housing in individual houses, but would like to do this officially. They are willing to pay appropriate taxes in exchange for sleeping peacefully. However, now there is a lot of work to be done to identify illegal immigrants in this business, who, on the one hand, conduct shadow activities and evade paying taxes, and on the other hand, do not bear any responsibility for leasing premises and thereby cast a shadow on the entire industry, where bona fide SMEs are also working,” says Mr. Bashmakov.

Natalya Vodolagina, partner at Law Firm, states that now in the south of Russia the practice of placing mini-hotels on land plots for individual housing construction is quite common. At the same time, according to her, administrations fine owners for inappropriate use of land plots. “These changes will make it possible to legalize the temporary housing market, which, from our point of view, will have a positive impact on it,” says the lawyer.

Dmitry Mikheenko

What to do if the object was erected without permission?

Often, out of ignorance or deliberately, in order to save money, land owners build houses without a building permit. As a result, if you want to register rights to real estate, problems arise.

To resolve this issue, the land owner needs to carry out the procedure for legalizing the object retroactively. This is carried out in accordance with the norms of the Town Planning Code. The main problem of this process is a waste of time and money, since it cannot be done without a qualified lawyer.

Thus, to legalize unauthorized construction without demolition, you can use several methods:

With the involvement of the court.
By issuing permits retroactively, after which it will be possible to put the facility into operation.
By appealing to the commission for the suppression of unauthorized construction with an application to preserve the object from demolition.

The basic rules for constructing an object on a site for individual housing construction are contained in the Town Planning Complex. In addition, when building a house you should be guided by SNiP standards. If construction standards are violated, the owner of the property may face penalties, including court proceedings and a decision to reconstruct or demolish the building.

It is recommended to comply with sanitary and fire safety requirements for the facility under construction, as well as the distance between the house and buildings in neighboring areas.

Which building is recognized as an individual housing construction project?

Despite the extensiveness of the current legislation, it still does not contain a definition of the term “residential building”.

However, there are criteria in the presence of which any building can be classified as an individual housing construction project (IHC):

The total number of floors of the building is 3 or less floors;
The building in the future will serve as a permanent residence for one family of any size and composition;
The building stands separately from other houses, having no common façade elements with them.

Can they refuse?

Sometimes the applicant is denied registration of ownership of the house. Reasons may include:

Incorrectly indicated boundaries of the allotment in the land document.
Incorrect, distorted or inaccurate data in the declaration.
Discrepancy between the actual size of the territory and the information about the site indicated in the cadastral documents.
There are errors when filling out the application.

In case of refusal, the applicant must be provided with a written explanation with references to the legislation. If the applicant does not agree with the reasons for Rosreestr’s refusal, he has the right to appeal it to a higher authority or in court.

Rights and obligations of the new owner

By purchasing a plot of land for individual housing construction with a house built on it, the new owner has the right to:

Residential registration.
Receiving tax deductions and benefits.
Use of public communications.
Resale, donation, inheritance of real estate.
Use of land for your own needs, which do not violate the rights of other citizens, and also do not harm the environment.

The owner's responsibilities are:

Pay utility bills on time and in full.
Pay property and land taxes.
Use the site in accordance with its purpose, without violating the existing rights of other land owners.
Providing in a timely manner all the data necessary for maintaining the land cadastre.