Is it necessary to register a house on a garden plot in 2022?

What kind of house can be built on private housing construction land?

According to the law, on garden plots and lands for individual housing construction, you can build a house with a height of no more than 20 m and no more than three ground floors. The maximum area of ​​a residential or garden house is not limited. When building a house with an area of ​​up to 500 sq. We need to notify local authorities first of the plans and then of the completion of construction. If its area is more than 500 sq. m, you will have to develop and approve design documentation, carry out its examination and obtain permission to put it into operation.

What if you don't register?

What happens if you don’t register your country house? Remorse, nervous tics and sleepless nights may not threaten you. But this is only until you find out that your dacha is in danger of being demolished. Yes, yes, with the light hand of the local town planning department, your construction can be recognized as unauthorized, and then its demolition is inevitable. And if you do not do this voluntarily, the court and the FSSP will force the demolition. So we advise you to hurry. At least, nothing has changed in the dacha legislation yet again!

Who is responsible for registering a country house in SNT

In order to register a country house with the cadastral register, you need to contact a real estate specialist such as a cadastral engineer. It is he who is authorized to prepare documents established by law, on the basis of which data on real estate objects are entered into the Unified State Register of Real Estate (USRN). So, the first step you must take is to find a qualified specialist.

When choosing an engineer, be sure to make sure that he is qualified for this type of work. Before signing an agreement for the provision of cadastral and geodetic works, request from a specialist the following documents confirming admission to this type of activity:

• qualification certificate;
• certificate of membership in the self-regulatory organization of cadastral engineers (SRO).

Choosing a qualified specialist is the key to successful completion of the case.

Certificate of membership in a self-regulatory organization in the field of cadastral activities

Is it profitable to register a country house as a garden house?

Previously, the owners came to the cadastral engineer and registered their house, indicating in the declaration that it was uninhabited. The advantage was this: you don’t have to pay tax. Previously, it was not possible to register in SNT, and therefore, what difference does it make, the owners reasoned.

Today the situation has changed, it is better to register a house as a residential one for cadastral registration:

1. It is possible to register in a residential building, but not in a garden building;
2. Utility payments in some regions for non-residential buildings are higher than for residential ones.
3. To transfer an already registered house from non-residential to residential, you need to invite experts and apply to the local administration for permission.

For those who have registered a house as non-residential and now want to register in it, an article on the topic: “How to transfer a house from non-residential to residential.”

Is it necessary to register a country house and why?

Ownership of real estate is the most important category of Russian law. That is why the answer to the question of whether you need to contact the MFC with documents is positive. Without registration, you will not be able to legally own a holiday home.

Country house

Registration of a country house on a land plot (LZ) is mandatory, since otherwise the owner will not have ownership rights to this object. However, now this can be done under the so-called “dacha amnesty” - in a simplified manner. A declaration completed by the owner must be submitted. If this is not done, you will not be able to dispose of the building - sell it, donate it or bequeath it.

The following country buildings are not subject to mandatory registration:

• greenhouses;
• small baths;
• gazebos;
• wells.

Buildings related to capital construction, that is, standing on a foundation, must be registered in the manner prescribed by law. Therefore, the garden house must be registered. The only advantage of not registering is the ability to avoid paying taxes. But remember that this is illegal. Ownership allows for various transactions with country houses, including their sale, donation, and inclusion in a will. If an object located on the site is classified as an unauthorized construction, the owner may be fined and required to demolish the building.

Garden house on stilts

Registration still raises questions and has controversial issues. If a country garden house is placed on stilts, then registering it as property is desirable, but not mandatory. According to the law, ownership should be registered only for permanent buildings, while temporary ones do not allow this to be done. At the moment, clear criteria for what exactly is classified as a capital fund are not yet used.

Focuses on the following factors:

1. Presence of a concrete foundation.
2. Impossibility of dismantling and moving the structure without damaging it.

Therefore, a house on tubular poles or stilts can be classified as temporary. If they are small in size and made of lightweight materials, then movement is possible. However, in practice, they are often classified as real estate, and therefore the registration procedure, albeit simplified, becomes mandatory. Without it, the legal use of a country house is unacceptable.

Summer house on blocks

Such buildings can be classified as permanent or temporary. The decision on whether registration is required is made by a specialist. A country house can be classified as a temporary building that does not require legal registration.

Is it possible to give up property?

How to exclude dilapidated buildings from the Unified State Register of Real Estate?

Roman Larin:

It is possible to exclude objects from the Unified State Register of Real Estate, the right to which is registered in a declarative manner, only in the event of destruction or destruction of the objects. To record the termination of the existence of objects, you need to call a cadastral engineer. He will draw up an inspection report for the specified objects. If they are destroyed, then their rights in the Unified State Register are terminated and they are removed from the cadastral register.

The Ministry of Finance clarified what is included in the tax on income from housing rentals

The Ministry of Economic Development is currently developing a bill that clarifies the criteria for classifying objects as immovable or movable things. According to the bill, auxiliary buildings - sheds, greenhouses, etc. - will be considered improvements to land or a main property, such as a residential building. And previously registered buildings can be excluded from the Unified State Register of Real Estate in a simplified manner at the request of the copyright holder.

Our reader Valentina is interested: on a plot of land that is registered as a property, there is a dilapidated house built in 1928. It is registered as a property, but the woman wants to deregister it and use it as an outbuilding. Is this possible? She has a new house, which she cannot register as her own because the local architecture department requires the old house to be demolished.

Roman Larin: In this case, there is no application procedure for deregistering and registering the rights of a residential building registered as a property and transferring it to the status of an outbuilding. The deregistration procedure is provided only in connection with the cessation of the existence of an object.

Theoretically, it is possible to build two houses on one plot of land, but only if the norms of land and urban planning legislation, building codes and regulations are observed, in particular, the area of ​​the land plot should allow such construction. In this case, most likely, the land plot does not physically allow the construction of a second residential building on it, since the necessary setbacks from the boundaries and other norms and regulations (for example, fire safety) will not be observed.

Photo: Sergey Mikheev

How to register rights under the dacha amnesty

If registration takes place under a dacha amnesty, the citizen needs to confirm the legality of ownership of the plot. You can simultaneously secure rights to land and a residential building. The supporting document for the land plot will be an extract from the board of SNT or another partnership, an order from the municipal authorities, or other forms.

According to the provisions of the Law on Dacha Amnesty, the consolidation of rights takes place in the following stages:

1. after receiving documents for the land, you need to contact a cadastral engineer and order a technical plan;
2. the engineer conducts a physical examination of the structure, determines its characteristics and parameters, and reflects them in the text and graphic block of the technical plan;
3. in order to register a house in the cadastral register and register ownership, you need to submit an application and technical plan to Rosreestr or an MFC institution;
4. The supporting document after completion of all procedures will be an extract from the Unified State Register of Real Estate, which indicates the cadastral number of the object.

The size and characteristics of the structure are essential to the decision to register and subsequent taxation. For example, a private residential building cannot have a height of more than 3 floors or have several isolated rooms for different families. Such objects are considered as apartment buildings, and special rules are provided for permits for their construction and operation.

Garden or country house up to 50 sq. meters of total area are not subject to taxation. The footage will be confirmed by cadastral information from the Unified State Register of Real Estate and an extract. If the area of ​​the registered property is more than 50 sq.m., it can be excluded when calculating property tax in the declaration.

Legislative regulation of the issue

If we turn to No. 93-FZ, it becomes clear that a citizen can confirm his rights to buildings erected on a personal plot in a simplified manner.
To do this, you need to register real estate. To briefly convey the meaning of the law, it is that previously unauthorized construction was not prosecuted by the law. The owner of the plot could build a garage or bathhouse at any time, without having to contact the authorities and obtain permission.

Expert opinion

Natalya Titova

Property lawyer. Work experience as a lawyer - 11 years. A large number of cases won

View lawyer's comments

When it turned out that there were buildings on the land, they could be legalized at any time, without any liability for the owner of the site. If he wanted to register a house previously built on a personal plot, he had to provide the documents specified in Art. 3 No. 93-FZ. With their help, a citizen could confirm that he owns the land plot on which the object was built.

Legislation is constantly changing, so innovations have also affected the law on “dacha amnesty”.

Obtaining an address and permanent registration in a house on SNT

To assign an address, an application is sent to local authorities with an extract from the Unified State Register. The procedure is performed within a month. A house for permanent residence must be a permanent structure with all amenities. The procedure requires the study of documents for the building and an examination by the responsible person of the municipality for compliance with the requirements of the law at the location.

Permanent registration in the house in SNT requires for the house:

• foundation;
• communications (gas, electricity, water, heating, sewerage);
• addresses;
• registered ownership of the building.

When the house meets the requirements for residential premises, registration in it will not be difficult.

Why is it more profitable to register a house as a residential one?

Owners of dachas throughout Russia, and especially in New Moscow, who have registered their house as residential, benefit significantly when selling their dacha. Buyers especially carefully pay attention to the possibility of registration in houses, and especially value Moscow registration. It is known that apartments in the capital are expensive and not everyone can afford them. Houses in the SNT of new Moscow can be bought at an affordable price. Pensions and benefits for the capital's residents are higher than in neighboring regions, hence the demand for summer cottages with residential buildings.

You can sell a dacha plot with a registered residential building for more money. If the house is registered as non-residential or is not registered at all in the cadastral register, the buyer will demand a reduction in value due to the fact that he will have to draw up all the documents himself.

What types of real estate can be registered?

According to the simplified system, in 2021 it is possible to register rights to land plots that citizens received for:

• individual housing construction (IHC);
• personal subsidiary plot (LPH);
• construction of garages;
• gardening (SNT, including country houses);
• gardening.

The dacha amnesty 2021 applies only to land acquired before the adoption of the Land Code of the Russian Federation, that is, before October 30, 2001.

The amnesty covers buildings and structures that have already been built and those that began to be erected before August 4, 2018, without permission:

• individual residential buildings, including unfinished ones;
• auxiliary buildings on sites for individual housing construction;
• buildings on garden and country plots: residential buildings, garden houses, bathhouses, sheds and other buildings for household purposes;
• garages (for non-commercial use).

The amnesty has expanded. Previously, it concerned only houses and outbuildings on country and gardening lands. Now, in a simplified manner, it is possible to register rights to buildings on plots for individual housing construction or private household plots in populated areas.

On lands for individual housing construction and private household plots, only those buildings can be built that comply with the characteristics given in the Town Planning Code: the building is no higher than 20 m, stands alone, has up to 3 floors above the ground. Rooms and auxiliary premises are intended for the residence of citizens. They cannot be divided into independent apartments or block sections. Living rooms are separated from household ones; the temperature can be maintained at 18°C. The maximum area is not limited.

With a house area of ​​up to 500 sq. It is enough to submit a notification to the local administration - first about the start of construction, and then about its completion. If the area is more than 500 sq. m., then you need to prepare a project, carry out its examination, go through all approvals, and after completion of construction, obtain permission to put the building into operation.

Regarding bathhouses, garages and outbuildings that the owner wishes to register, there is one serious requirement - they must stand on a foundation, that is, they must be permanent buildings. There are no restrictions on height and number of floors, the ability to maintain temperature is not required.

Dacha amnesty

The State Duma decided that summer residents should be given more time to register their buildings, so it was decided to extend the “dacha amnesty” until March 1, 2021. It is necessary to understand that this is an everyday term, not a legal one.
No. 93-FZ began to work on September 1, 2006. At first it was established that the amnesty would last until March 1, 2018, but not all property owners managed to register them. After the postponement, country houses and buildings can still be registered in a simplified manner. Not all summer residents understand which buildings are covered by the law. No. 93-FZ refers to those objects that were erected on land allocated for dacha farming, organizing a vegetable garden or garden.

Property needs to be legalized. This must be done due to the fact that, due to previously applicable regulations, many real estate properties were not registered. Citizens own plots and houses about which there is no information in the cadastre. This creates confusion in taxation, and difficulties arise when transferring property by inheritance.

If the owner ignores the amnesty and does not register the property, the consequences may be as follows:

• you cannot register in the house;
• it is difficult to sell or buy a plot;
• There may be problems with insurance.

The following persons can take advantage of the provisions of the “dacha amnesty” for expedited registration:

1. Owners of land that was allocated for subsidiary farming, construction, gardening, organizing a garden, constructing a garage, or registered for housing construction.
2. Owners of real estate built on such sites. We are talking about residential buildings (individual housing construction), dachas and other outbuildings.

From the beginning of 2021, the amendments came into force.
Now you can register an object only after presenting a cadastral passport. Previously, owners of buildings had to fill out the declaration by hand. Construction permits have been replaced by notifications; this rule came into force on August 4, 2021. Now you just need to notify the administration that you plan to build a private house and indicate its parameters.

After receiving permission and building the project, the owner of the site must submit 1 more notification, so he will notify the authorities about the completion of construction. The document is supplemented with a technical plan, and a state fee must be paid.

If everything is done correctly, the house will be registered with the cadastral chamber. At the same time, ownership will be registered.

A house on a garden plot without ownership rights can be registered without notice

For some reason, some laws in Russia are becoming very complicated. So it is with houses on garden plots.

On the one hand, they now require notifications, just like houses on plots for individual housing construction. But one clause was removed, and another was added to the law on real estate registration.

Until March 1, 2021, a garden house can still be registered as a property without notification, construction or commissioning permission. To do this, the following conditions must be simultaneously met:

1. There is a technical plan for the house.
2. The rights to a land plot are confirmed by some documents.

Information about the house will be included in the technical plan based on the declaration. In such cases, it does not matter whether the garden plot is included in the development zone of capital objects.

When registering property rights, the registrar will check whether the general conditions of registration are met and whether there are grounds for refusal. For example, whether the certificate for the allocation of land has been falsified and whether someone else is laying claim to this plot.

If the garden plot has already been registered as a property, you will have to submit a notification to register the house.

When do you need to complete the registration?

The “dacha amnesty” applies to those land plots that were allocated before 2001. The registration procedure will not require any costs; the procedure is as follows:

1. You need to contact the BTI and order cadastral work.
2. The specialist will draw up a technical plan. No more than 14 days are allotted for the first 2 stages. The completed document must be submitted electronically, and the cadastral engineer certifies it with his signature.
3. Payment of state duty. The registration authority must issue the details; a receipt for the payment made is included in the package of documents.
4. Submitting papers to the MFC or Rosreestr. It is possible to apply through State Services.
5. Issuing an extract from the Unified State Register to the owner of the plot.

In case of mass registration of buildings by neighbors, a gardening partnership can help - in this case, the chairman submits an application from its members.

To register a dacha house, the owner must provide the following documents:

• passport;
• papers for the site;
• land cadastral plan;
• technical plan of the housing construction project;
• a receipt indicating that the state duty has been paid.

If the residential building was built before 2015, then only a technical plan will be needed. If later, then an act stating that the housing was put into operation is required.

Design nuances you should know about

Remember that you can insure an unregistered house; many insurance companies turn a blind eye to the lack of title documents. However, in the event of an insured event, obtaining compensation is very problematic. The building is not listed in Rosreestr, so it is almost impossible to prove anything. It turns out that the insurance premiums were paid in vain.

If the house is not completed, then changes can be made to the Register in several ways:

1. Obtaining a development permit.
2. Decoration after construction. But at the same time, the house is recognized as an unauthorized construction, which threatens the owner with a fine of 2,000 rubles.
3. Submission of a declaration and registration based on it.

If the dacha structure has already been erected and is used only for temporary residence, then registration is carried out on a general basis. That is, you will be able to use the building; in fact, inspections are carried out extremely rarely, but if you need to sell/exchange/include it in a will, the building must be registered. There is no need to delay; the dacha amnesty may be cancelled.

If you need to register in a country house, it must be recognized as residential, that is, it must be insulated, heated, and suitable for use all year round.

A commission is invited to conduct an assessment based on a number of parameters:

1. Availability of necessary communications or the possibility of their implementation.
2. Smooth walls, fences that meet the requirements of safety standards.
3. The noise inside the building is within acceptable standards.

The review period is up to 40 days. After this, the owner is issued a deed on the basis of which he can register the object. However, remember that if the house is located on a SNT site, then it is legally impossible to recognize it as residential.

Possible difficulties and their solutions

The registration procedure depends on what stage of construction the property is at. When it comes to unfinished construction, there are the following ways to add it to the register:

1. Register based on the declaration.
2. Finish the construction and register it as a self-construction. But you will need to pay a small fine.
3. Contacting the service and obtaining permission, registering the building.

Land owners should take into account that after No. 218-FZ was adopted, which refers to the registration of real estate, difficulties may arise. If in previous years, when filling out declarations, approximate figures were indicated, now you need to enter exact data.