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.

Costs and deadlines

The registration process itself takes from three to seven days. But preliminary steps to recognize the house as residential, eliminate deficiencies indicated by the commission, etc. take a lot of time. The entire procedure can take up to several months.

Registration of registration with the migration service is absolutely free according to Russian law No. 5242-1 for citizens of the Russian Federation. But at the stage of recognizing the building as residential, you will have to fork out money. The amount can range from 30 to 100 thousand rubles. depending on your region of residence.

Registration is possible both in a municipal or private apartment, and in a private house, but with certain nuances. Read our materials about what documents are needed for this and how to register correctly, as well as whether it is possible to register in an unfinished building.

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.

Refusal of registration

Both the court in issuing a permit and the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation in registration of registration can refuse .
He may be motivated by :

• non-compliance with the standards of the house or site;
• incorrect presentation of documents;
• incomplete package of papers.

The chances of a positive court decision will increase if the plaintiff proves that the country house is the only or best place for him to live .

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

DNP and registration in 2021

1. For a residential building, the tax rate at which the amount of real estate tax is calculated every year will increase.
2. From January 1, 2021, amendments were introduced to the Tax Code on the calculation of real estate tax based on the cadastral value of housing (country houses recognized as residential are also included in this category): a significant difference in the amount from the inventory value.
3. The opportunity to access social infrastructure is not always provided (since the gardening partnership together with local authorities are not obliged to provide all the benefits of civilization for summer cottages).
4. Also consider the financial costs and personal time required to collect the necessary documentation and legal proceedings.

The commission makes a decision within 30 days. If the decision of this commission is positive, then the house is assigned the status of a residential premises, and its owner receives the right to obtain legal registration. Find out on our website how to register in a dormitory, as well as whether you can register in apartments and lofts.

The obvious advantages of organizing construction within the boundaries of settlements are the benefits provided by the state for settlements. If the dacha plot is located within the boundaries of a populated area, then roads are connected to it free of charge, gasification is provided, and the owner is also required to conclude a contract for the provision of all communications at the expense of the regional budget. The owner of a building on agricultural land carries out all of the above work at his own expense, which is associated with significant costs.

Important! The amount of the financial contribution for the use of general-purpose infrastructure facilities, subject to the financial participation of the individual in its purchase and creation, cannot be higher than the amount of the contribution for the use of the specified property of other participants in the partnership.

First, you need to organize a construction examination. It will help determine the compliance of the country house with the standards established by law, as well as how suitable it is for habitation. This procedure is carried out by special construction organizations with a license, for a fee.

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%

Reasons for refusal and options for resolving the issue

1. You should not go to court for permission to obtain registration if there is no house on your land. Even if the land plot is owned, it will not be possible to register on it. In essence, this will be registration in the open air, which is impossible by law.
2. If the SNT site is not owned, then the migration service will also refuse registration. To obtain registration, you need to register both the house and the plot for the person who intends to reside there permanently.
3. Registration in a country house is not possible if a citizen has an apartment or other residential premises in which he is permanently registered. You need to deregister permanently in one place in order to get it in another.
4. Often the reason for refusal may be the lack of necessary documents. The package of papers must be submitted in full.

Important! A deviation in the recognition of a building as residential can be obtained even at the stage of inspection by various types of commissions. In this situation, you should correct the shortcomings that they indicated and apply again. Well, an unfounded refusal should be challenged in court.

It often turns out that registration in a country house is the only chance to obtain a stamp about the place of residence, since the mentioned procedure is possible only in one’s own home.

But the process of registering at a dacha is not an easy procedure. In this regard, when starting it, weigh the pros and cons. After all, it will take a lot of time, effort and money from you.

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.

Rules

The procedure for registration at the place of residence is determined in accordance with the Law of the Russian Federation of June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” In accordance with it, Administrative Regulations were developed, which serve as direct guidance for internal affairs bodies.

Alexander Vasiliev

Lawyer

Registration is carried out after the house is recognized as residential and all other conditions for this are met. The basis for registration is the application of the owner of the house to SNT.

The department of the Ministry of Internal Affairs in the municipal area where SNT is located is responsible for this process.

To register, you must present:

• Passport;
• Documents confirming ownership of the house and land (currently this is an extract from the Unified State Register of Real Estate);
• Confirmation of the residential status of the house in the form of a resolution of the local administration or a court decision.

○ Conditions for recognizing a building as suitable for habitation.

The most difficult thing is to prove the suitability of a residential building for year-round use. The characteristics for determining this criterion are described in Decree of the Government of the Russian Federation No. 47 of January 28, 2006. According to it, the level of suitability of housing for long-term use is determined by:

• Reliability of structures - load-bearing and enclosing structures must be in equally good condition.
• An appropriate level of safety - movement around the premises should not pose a danger, and engineering networks and systems must be installed at a high level and comply with sanitary and hygienic standards.
• Availability of living conditions: all communications must be carried out in a residential building: electricity, gas, water (hot and cold, suitable for drinking), heating, ventilation.
• The strength of the foundation must protect it from all types of water.
• Compliance with fire safety requirements.
• The height and area of ​​the building must comply with current standards, taking into account the area of ​​​​location.
• The presence of natural light sources in all rooms, as well as in the kitchen.
• Being within normal limits for indicators such as noise. infrasound, harmful substances, radiation, noise and electromagnetic radiation.

If, when checking a residential premises, a discrepancy is found in at least one of the parameters, it will not be possible to recognize it as residential.

○ What is SNT?

The activities of SNT are regulated by the Federal Law “On Gardening...” dated April 15, 1998 No. 66-FZ (hereinafter No. 66-FZ).

This acronym stands for “Gardening Non-Profit Partnership”. This organization is a voluntary association of gardeners, its goal is to manage the land legally.

• “A gardening, vegetable gardening or dacha non-profit association is created on the basis of a decision of citizens as a result of the establishment or as a result of the reorganization of a gardening, vegetable gardening or dacha non-profit association (clause 1 of Article 16 No. 66-FZ).”

Required conditions for joining this organization:

• Age over 18 years.
• The presence of a land plot that belongs to SNT.

In each such partnership, a chairman is elected who takes upon himself the responsibility of representing the interests of his SNT in both state and non-state institutions.

The main advantage of membership in SNT is the opportunity to build a dacha on land belonging to a specific partnership and register in it. Difficulties in registration are associated with the need to prove the suitability of the built house for living all year round.

Required documents

To register, you must provide the following package of documents to the Federal Migration Service:

• Passport;
• Certificate of ownership of the garden plot and buildings located on its territory;
• Permission for registration from the administration or a court order;
• House book;
• An application filled out in the prescribed form.

If a father registers with his minor child, then the mother’s written consent is required if she is registered elsewhere.

It is necessary to submit all documentation (plus copies) and wait for the long-awaited stamp in the passport about registration; this procedure will take from one to three months.