Is it possible to register at a dacha in 2022, and what are the features of registration?

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Published: 03/19/2020

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Having registration at the place of permanent or temporary residence is the responsibility of a citizen. But to obtain a residence permit, it is not necessary to register in an apartment: a dacha is also suitable for these purposes. In 2021, the procedure for registering citizens in country houses and gardens has been significantly simplified. If previously you had to recognize your right to register at your dacha in court, now going to court may be necessary in exceptional cases. The simplified registration procedure for a country house will continue to apply in 2022.

• Under what conditions can you register?
• Legal regulation
• How is it determined that a dacha is suitable for permanent residence?
• Is it possible to register for a dacha if you own an apartment?
• Registration procedure
• Disadvantages of dacha registration

What is needed to register a dacha and what requirements must a dacha house meet?

Under what conditions can you register?

To obtain a residence permit or registration at the place of residence, certain requirements are imposed on a country house. Thus, you can only register in the house to which the address is assigned. If a house is built in populated areas or cottage villages on land plots with the type of use “for individual housing construction” (IHC), then all houses are considered residential. Therefore, there will be no problems with registration at your place of residence.

Certain difficulties may arise with registration in houses located on garden plots. Thus, registration in areas intended for gardening is not allowed . Registration in houses built on the plots of a garden non-profit partnership (SNT) is permissible only if a number of conditions are met:

1. The plot of land must be located within a populated area with the category of “settled area land” or “agricultural land”. They won’t be able to assign an address to a house in the forest.
2. The house must be registered as residential.
3. The house must be assigned an address.
4. The house must comply with urban planning regulations for garden plots (have no more than 3 floors, not be classified as multi-apartment).
5. The house must meet the requirements for residential premises and be suitable for year-round use.

Features and nuances

If you had to go to court with a claim, you need to keep in mind that often this authority is obviously not inclined to make a decision in your favor.

Only a Constitutional Court decision in 2008 encourages him to address such issues. A judge can present the most extraordinary requirements for a residential building and site.

The fact that a citizen has been discharged from his previous address can be of great importance for the court to make a positive decision, and even more so if the dacha is his only real estate.

Legal regulation

Changes in the procedure for registration of registration at a dacha are now regulated by 217-FZ of 2021 “On the conduct of gardening and vegetable gardening by citizens for their own needs...” This law excludes from circulation such a concept as plots for a dacha non-profit association, as well as the very concept of “dacha”. Only two types of partnerships were retained: gardening and horticultural.

This law replaced 66-FZ of 1998, which for a long time regulated issues of gardening and vegetable gardening. Although it was possible to register at a dacha before, this was associated with large bureaucratic obstacles. In Art. 3 217-FZ emphasizes that it is allowed to grow agricultural products on a garden plot of land and place residential buildings and outbuildings on it . It is the indication of the right of citizens to build residential buildings on garden plots that makes it possible to register in them. At the same time, lands for gardeners are intended exclusively for agricultural work. Owners can grow crops here, but housing construction is prohibited here. The maximum that is allowed here is small outbuildings for storing crops or gardening tools.

If citizens who have built residential buildings receive recognition of permanent buildings, then it will be possible to register here regardless of what land the property is located on.

Terms and cost of registration

The maximum you usually have to wait is 6-7 days . However, if the applicant submitted papers to the Main Department of Internal Affairs of the Ministry of Internal Affairs of Russia, then the result will be available within 3 days . This is the fastest way to register.

However, if there is a passport office directly in the village, then it is better to wait 6-7 days, since the period does not significantly exceed the minimum.

Obtaining registration for citizens of the country in Russia is completely free . This means that no government fees or other mandatory payments are required during the registration process.

Costs may only arise additionally depending on the involvement of intermediaries in the matter.

How is it determined that a dacha is suitable for permanent residence?

Many citizens have quite good country houses, but live there only in the summer due to the fact that the infrastructure is not well developed: in winter they do not clear snow, there is no access to communications and social facilities (shops and clinics), many houses do not have heating and etc. Therefore, it is not possible to register at every dacha. Registration in houses for seasonal residence is unacceptable.

A country house can be considered suitable for permanent residence if it meets a number of requirements . Among them:

1. The house must have all engineering networks: connected to water supply, electricity, heating, drainage, ventilation, etc.
2. The house must have reliable supporting structures and a roof.
3. There should be windows in the rooms and kitchen to provide natural light.
4. The heating system must be suitable for maintaining a temperature in the apartment of 18 degrees.
5. The ceiling height in living rooms and kitchens cannot be less than 2.5 meters, in corridors cannot be less than 2.1 meters.
6. The floor of the first floor must be higher than the planned ground level.

Deviations from the above standards are acceptable in some cases. For example, if there are no central communications in the area, then the water supply can be replaced with a well, the sewerage with a septic tank. But the height of such a house cannot exceed 2 floors.

How do you feel about the possibility of registering at your dacha?

PositiveNegativeI don’t knowI don’t have a dacha

Reasons for refusal and ways to resolve the issue

1. The dacha was built on land not intended for construction, in this case you cannot do anything on your own. If only you are lucky and there will be a redevelopment of land areas.
2. You have an incomplete package of documents, find out what is missing and report it.
3. The house has not been registered as a property, go through the process of registering the house as a property.
4. All SNIPOV and safety requirements have not been met; in this case, eliminating the detected violations will also remove the cause of the failure.
5. You do not have a house on the plot, although the land falls into the category of registration possibility, build a house and register it, since registration on a bare plot is prohibited.

Registration at the dacha has been completely legalized. But the registration process itself can bring you a lot of difficulties. And since regulations generally provide for the very possibility of registration, the summer resident should insist on observing his own rights. Let's hope that this law will simplify registration on a garden plot.

Is it possible to register for a dacha if you own an apartment?

There is no need to provide proof that the house on the dacha plot is the only suitable place to live: every citizen has the right to choose where to register (in an apartment or in a dacha). If a person permanently resides outside the city, then it is preferable for him to register at his place of actual residence. This will facilitate access to social services.

But in order to obtain permanent registration at a dacha, a citizen must first register at his previous address , since having several registrations at the same time is unacceptable.

Rural mortgage at 3%

You can register in a house under construction

The legislator established that citizens can register in premises permitted for housing (Article 2 of the Law on the right to freedom of movement/stay/residence). They are subject to certain requirements, namely:

1. Isolation from other premises;
2. Communication equipment;
3. Compliance with sanitary and other standards;
4. Service by special services.

That is, you can register in an unfinished house if a box has been built, finishing work has been done on some part of the building, and the necessary communications have been installed. To do this, it is necessary to coordinate all these actions with the operating organizations, follow their recommendations, and upon completion of the work, send an application, for which specialists will be sent. Typically, all this is done by a contractor if the service is provided on a turnkey basis.

For reference! Objectively, whether it is possible to register in an unfinished private house is indicated by the acceptance certificate drawn up and signed with the operating organizations.

Acts drawn up and signed by government agencies indicate that the house is suitable for use and habitation by citizens. It should be clear from it that the housing is intended for living all year round. Authorities conducting construction and cadastral supervision take part in issuing the conclusion.

Registration procedure

To register a residence permit in a country house, you must go through the following steps:

1. Have a residential premises with properly registered property rights.
2. Submit an application to the Main Directorate of the Ministry of Internal Affairs for registration at your place of residence. The application must be accompanied by a passport, title information for the property (certificate of ownership or an extract from the Unified State Register), documents confirming the recognition of the house as residential (decision of an interdepartmental commission or a judicial act).
3. The citizen must be registered within a week and have his passport stamped. Upon temporary registration, he is given a certificate.

In some cases, it is first necessary to transfer the house to residential status. To do this, a citizen needs to contact local authorities or the MFC. Authorized authorities must make a decision on the owner’s application for compliance with the Housing Code and its Article 23.

The application must be accompanied by a passport, title documents, floor plan, technical passport, a conclusion from the fire inspectorate or the Sanitary and Epidemiological Station on the admissibility of using the building as a residential premises (if these authorities refuse to recognize the house as residential, further appeal to local government bodies is meaningless), a conclusion from a self-regulatory organization (SRO ) in the field of construction about the technical condition of the building.

When the local government commission considers the application, it makes a decision on it. If the decision to recognize the house as residential was negative, then the citizen can go to court on this issue . To do this, a claim is filed with the court to declare the building suitable for year-round habitation.

What is the procedure?

Only if a house built in SNT meets the parameters of a permanent structure can it be recognized as residential. To do this, you will have to undergo a procedure that may take 2-3 months.

As the Cadastral Chamber said, it consists of several steps.

1. You will need to collect a package of documents. First of all, draw up a free-form application to recognize the garden house as residential. It must indicate the cadastral number of the house, the cadastral number of the land plot on which the house is located, the postal address of the applicant or his email address, the method of receiving the municipality's decision to change the purpose of the premises (by post with acknowledgment of receipt, by e-mail, in person at MFC, in person at the authorized local government body).

It is also necessary to provide an extract from the Unified State Register of Real Estate (USRN) about the main characteristics and registered rights to the property. If the applicant’s ownership of the garden house is not registered in the Unified State Register of Real Estate, then it is necessary to have a title document for the garden house or a notarized copy of this document.

A conclusion will be required to examine the technical condition of the property, which will confirm that the house is reliable and safe (in terms of internal communications, building structures, fire safety). The document is issued by specialist engineers performing work on the inspection of real estate (individual entrepreneurs or legal entities). When choosing a specialist, you should pay attention to whether he is a member of a self-regulatory organization for engineering surveys.

Notarized consent of third parties to recognize a garden house as residential will be required if the dacha is owned by more than one person.

All these documents must be submitted to the authorized local government body (the administration on whose lands the dacha cooperative is located) or to the multifunctional center (MFC) of the district.

2. When the documents have been submitted, you need to wait for the administration’s decision to recognize or refuse to recognize the garden house as residential. This process takes no more than 45 calendar days from the date of application.

They may refuse for the following reasons: the applicant submitted an incomplete package of documents, the application to recognize the garden house as residential was not submitted by the owner of this property, the types of permitted use of the land plot do not provide for the placement of a residential building on it. So, for example, the land should be for gardening, and not for vegetable gardens. Only outbuildings can be placed on the garden plot. Also, the applicant will be refused if the house does not have vital communications, foundation, windows, and so on, as mentioned above.

It is important to understand the difference between gardening and vegetable gardening

A decision to refuse to recognize a garden house as residential is issued or sent to the applicant no later than three working days from the date of such decision. If refused, the applicant either simply submits additional documents, completes the house according to all the rules, installs missing communications, or can appeal the decision in court.

3. If the local administration believes that it is quite possible to live in the house all year round, then it sends its decision to the applicant, as well as to the rights registration authority to make appropriate changes to the information about the garden house contained in the Unified State Register of Real Estate.

If, for some reason, local officials forget to do this, the owner of the house himself can contact Rosreestr to enter information into the Unified State Register of Real Estate.

Important question

Advantages and disadvantages

Registration in a country house has its pros and cons.

Benefits include:

• low cost of housing. For many citizens, this is the only opportunity to have their own housing;
• good environmental conditions;
• low cost of utilities;
• the opportunity to farm on the site;

But registration at a dacha is not always good:

• citizens need to communicate, and this can cause difficulties in the SNT;
• undeveloped infrastructure, especially in those partnerships that are located far from the city. Shops, pharmacies, clinics are far away. There may be problems with roads, since their repair is not included in the budget of the regional administration.

In addition, difficulties may arise with the registration procedure, since the house must meet all the requirements established by law.

Applying to local authorities for permission

If there is a need to change the purpose of the premises from commercial to residential, the applicant must draw up a petition requesting a construction examination. Based on the citizen’s application, the structure will be checked for compliance with fire and sanitary requirements. All documents will be examined for legality.

The commission is given 30 days to conduct inspections and make a decision. If a positive decision is made, the owner of the site is issued a certificate stating that the house is recognized as suitable for habitation.