Often, citizens who own land plots believe that since the plot is in their ownership, it means they can build any real estate on it. However, this is not at all true. In this article we will examine in detail the question of what such a judgment can lead to and how its negative consequences can be prevented. So, you own a plot of land on which you want to build, for example, a residential building. According to the law, every citizen must notify the local government about such intentions before starting construction, and upon completion, notify the same administration about the completion of construction, attaching a technical plan for the constructed facility. This is a moment you can't miss. It is necessary to build real estate and notify government authorities so that the construction is not recognized as unauthorized construction.
According to the Civil Code of the Russian Federation, art. 222, not only real estate that was built in the absence of building permits, but also a building erected in violation of town planning and building codes will be considered an unauthorized construction. If the property is recognized as a self-construction, it will not be registered in the cadastral register and the ownership of it will not be registered.
What objects are considered unauthorized construction?
An unauthorized construction in 2021 is considered to be one that:
- Built on a plot of land that was not provided in accordance with the established procedure. The land must be owned or disposed of by persons on the basis of other title documents (lease agreement, purchase and sale agreement, agreement of perpetual use, right of lifelong inheritable possession).
- Built on land on which the construction of a specific type of object is prohibited, i.e. does not allow the type of permitted use.
- Built without obtaining approvals and (or) construction permits from local authorities.
- Has violations of town planning standards, construction rules, fire safety, etc.
Grounds for registering property through court
There are the following grounds that allow you to obtain a positive court decision:
- Another person is claiming the property. At the same time, the right of the owner is not recognized by him or is constantly challenged.
- Ownership is disputed by a person who wants joint ownership.
- Recognition of rights is necessary if supporting documents are lost.
- Disputes regarding the completion of a purchase and sale transaction.
If a purchase and sale transaction has taken place and ownership has been registered, the house becomes the property of the new owner. The old owner no longer has the opportunity to claim the property if the documents were drawn up correctly from a legal point of view.
If one of the relatives of the previous title holder has invested heavily in purchasing or improving the quality of the house, he can go to court to obtain money. In this case, he must file a claim not against the buyer, but against the seller of the house.
How to register a self-construction
If the property has the “status” of self-building and is owned or owned by someone, then the state will first give time to eliminate the violations (for example, reduce the area of the building). Violations must be eliminated within a specified period, otherwise the authorized body will issue a demolition order. When a building is not registered, there are two main ways to register it in accordance with the requirements of the law - administratively or judicially.
The first way is to legalize self-construction administratively.
The legalization procedure through the administration is processed “retroactively.”
- To begin with, a notification about the start of construction should be submitted to the administration with a description of the construction parameters (height, number of floors, area, etc.).
- If no objections are received to the notification, it is necessary to conclude an agreement with the cadastral engineer for the implementation of the technical plan.
- Next, a formal notification of completion of construction is sent to the administration along with a technical plan.
If there are no violations, the local government authority will send you a notification about the compliance of the constructed facility with urban planning standards and transfer the documents to Rosreestr. But it should be said right away that you can receive a refusal from the executive body at any stage of the above. This method is suitable for those who have built real estate on the lands of individual housing construction or private plots. For SNT there is a “dacha amnesty”, which makes it possible to register a residential building without notification of construction. You can register your rights under a simplified procedure until March 1, 2021 .
The second way is to legalize unauthorized construction through the court
The basis for transferring the case to court is the refusal of local governments to formalize the unauthorized construction. The court will order a mandatory forensic examination, which will confirm the capital construction of the building, its compliance with the requirements of GOSTs and SNiPs, etc. But you can order an independent construction expert yourself before filing a lawsuit in order to find out in advance about the presence of violations and correct them. Sometimes the conclusion of a pre-trial examination is sufficient for the court and there will be no need for a judicial examination. When you already have in your hands a refusal from a government agency, a technical passport for a capital construction project (CFU), an extract from the Unified State Register of Land Registers for a land plot, then you should then competently draw up a statement of claim, in which you must take into account that:
- the land plot must be owned, inherited for life, permanent (indefinite) use;
- the building must comply with the category of land and type of permitted use (VR);
- confirmation that a specific building does not violate the rights of third parties (neighbors) (the norms for indentation during construction are observed, etc.).
- the reasons for going to court should be indicated, i.e. state the reason for unauthorized construction or the grounds for refusal of a construction permit.
Although both methods are not fast, but if the construction is important to you and in the future you plan to make various transactions with it, then you should be patient. If there are adequately substantiated reasons why the squatter building was erected, the court usually rules in favor of the plaintiff.
Going to court
You should contact the judicial authorities if you have exhausted all possibilities to resolve the problem pre-trial.
Note! If rights have been infringed, special attention must be paid to preparing documents and filing a claim. You must have documents confirming your ownership of the house and land. If possible, enlist the support of citizens who agree to act as witnesses at the trial.
According to the current legislation, cases of recognition of property rights fall into the category of civil proceedings. They are heard in district courts depending on the location of the house. According to Art. 12 of the Civil Code of the Russian Federation, every citizen can count on recognition of a right if it is violated or disputed by third parties.
There are the following opportunities to assert your rights in court:
| District Court | Most owners who have always been owners, but cannot register the property due to lack of documents, come here. They also turn here if a dispute arises with other applicants for the house. |
| Arbitration court | Here they consider issues of failure by officials to fulfill their obligations if they interfere with obtaining ownership of a house. |
In addition to the possibility of appealing to the district court, you can file a claim to appeal the decision of the official in the arbitration court. This option applies if we are talking about violations by employees carrying out property registration or other actions aimed at recognizing the ownership rights of a specific person.
Fines for unauthorized construction 2021
The Code of Administrative Offenses of the Russian Federation established monetary penalties for the construction of real estate without permits
- For citizens from 2,000 to 5,000 rubles
- For officials from 20,000 to 50,000 rubles
- For legal entities from 500,000 to 1,000,000 rubles
When registering unauthorized construction, penalties cannot be avoided; they will have to be paid in any case, but the consequences may be more global. The further development of events is the liquidation of real estate. In order to avoid such consequences, as well as for the purposes of the legitimate use and operation of the property, we strongly recommend that you consider the issue of legalizing unauthorized construction.
The procedure for recognizing ownership of a house in court
After filing a claim with a package of documents, about 10 days pass before the first meeting is scheduled. On it, the judge will find out whether there are any petitions or the need to request additional documents through the court. As a rule, the first meeting does not last long. If the issue is not complex, the decision is made in 2-3 meetings.
If the plaintiff has sufficient grounds, the judge usually takes his side. In most cases this applies to buyers. As a result of the investigation, a ready-made decision is issued, with which you need to come to the BTI. A cadastral passport with an explanation will be prepared here. Then you need to contact Rosreestr to register the ownership of the house. The court decision is submitted with the remaining documents.
Remember! The defendant has the opportunity to appeal the decision within 30 days. The complaint can be filed with the regional and then the Supreme Court. As a rule, the appeal remains without consideration. But it is important to keep track of these points in order to prepare for the meeting in a timely manner.
One of the most frequent and complex cases of contestation is disputes in the order of inheritance. As a rule, they arise when a house is transferred by will to only one heir, and the interests of other persons are not taken into account. In this case, the judge takes into account whether the testator had dependents. They can be young children. Adult children, parents or spouses who are unable to work for health reasons are also recognized as dependents. An outsider can also act as a dependent. The main condition is official status, living with the testator for the last year.
If such persons are found, they are allocated a share in the received property. If they are not, the judge usually sides with the heir who received the house.
Unauthorized construction of real estate in violation of the law
There is a great love for unauthorized construction of houses in our country.
Considering the previously existing difficulties and various bureaucratic obstacles in obtaining a plot of land for construction and obtaining permits, both citizens and legal entities often resorted to a method that now has the specific name “bypassing the law.”
The squatters first built/reconstructed something without the necessary documentation, or received a plot of land for one type of permitted use.
For example, individual housing construction, but in fact they erected an office building, and then went to court and tried to legitimize all this - they can’t demolish it!
At the same time, the courts of general jurisdiction were especially favorable to citizens: well, he built it, it doesn’t bother anyone, we recognize his right of ownership, even though he will pay taxes.
Now the situation has changed dramatically.
Expert commentary
Roslyakov Oleg Vladimirovich
Lawyer, specialization civil law. More than 19 years of experience.
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On the one hand, the legislator is taking steps to simplify the procedure for providing land plots for construction and obtaining permits, introducing clear regulations, the responsibility of bodies and officials and reducing the time frame; on the other hand, he is tightening the rules on AWOL.
How is demolition carried out?
The legislator has provided two options for local governments to demolish illegal buildings.
If the compulsory medical insurance was able to establish who built.
Makes a decision on the demolition of the AWOL, sets a period for compliance with the order - no more than 12 months. A copy of the decision is sent to the developer within 7 days from the date of adoption.
If the developer could not be identified.
The compulsory medical insurance makes a decision on the demolition of the AWOL, publishes it in a printed publication and places it on its official website. In addition, a message about the planned demolition is posted on the information board within the boundaries of the site where the illegal building was created.
If the developer never shows up, the local self-government body will have the right to demolish the AWOL on its own, but not earlier than 2 months from the date of posting a message about the planned demolition on the official website.
These are the new rules in the fight against AWOLs. And now it’s worth once again weighing the risks of a “workaround” maneuver.
Common mistakes
When filing a claim for recognition of rights to real estate, it is important to remember that this is only a confirmation of your rights.
For this reason, recognition of ownership without the application of preliminary requirements is possible if the following conditions are met:
- There is a dispute about the rights to the house.
- Availability of a ready-made property.
- Absence of obligations between the parties, the subject of which is the house.
As for the latter case, the statement loses its meaning, since the claim goes into the plane of demands for the fulfillment of obligations. Once the property right is recognized, it becomes irrelevant, and the judge has the right to refuse consideration.
As a result, if there are sufficient grounds, the court often sides with the plaintiff. But at the same time, it is important to competently draw up a claim and pay serious attention to the preparation of application documents.
The video will tell you how property rights are recognized in court
