How to register a self-construction property in 2021

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.

Registration of home ownership

Registration of ownership of a house on an individual housing construction plot is a procedure for legally securing ownership rights to the owner of the property. To legitimize a building erected on an individual housing construction plot, it must meet the requirements for such real estate of the Town Planning Code:

have no more than 3 floors (no more than 12 m);
Designed for single-family residence, not to have common walls with neighboring buildings.

Buildings on a site for individual housing construction can be both main (in this case, a residential building) and auxiliary (garages, sheds, warehouses, etc.).
A special feature of a house built on an individual housing construction plot is that you can register here.

Such a house is assigned its own address and the communications necessary for year-round living (water, sewerage, electricity, etc.) must be laid to it by the municipal administration.

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.

Upcoming expenses

If the registration is carried out for the first time, the owner is exempt from paying the state duty, but if the registration is repeated, the tax will be 2 thousand rubles for individuals and 22 thousand rubles for legal entities.

The main costs will be on the preparation of some documents, which are handled by third-party organizations (for example, land surveying), and on the payment of some additional fees (the fee for obtaining a cadastral passport is 200 rubles, registration of a technical passport from 1200 rubles, etc.).

Reference! Separate conditions for obtaining land for individual housing construction are provided to large families, especially families with five or more children, as well as families with three or more children, including a disabled child.

These categories can be provided with a land plot for individual housing construction free of charge , without bidding and without prior approval of the location of land plots owned by the region.

Disabled people have a similar benefit - according to Federal Law No. 181 “On the social protection of disabled people in the Russian Federation” dated November 24, 1995. We wrote more about free receipt of land plots for individual housing construction here.

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.

Residential building (individual housing construction) & Guest house, Small hotel

So what is actually meant by a guest house and a small hotel?

As a rule, this means individual residential buildings on lands with the type of permitted use (AUR) “For individual housing construction” (IZHS, Code of such land 2.1). These are houses in the form of separate buildings with no more than three above-ground floors, no more than twenty meters in height (this is by law, but in practice it can be more). Such houses may consist of rooms and premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building, not intended for division into independent real estate.

By the way, to accommodate hotels, as well as other buildings used for the purpose of extracting business benefits from the provision of residential premises (an individual housing construction house is one of the types of residential premises - Article 16 of the Housing Code of the Russian Federation), land plots with temporary residence permits can be used for temporary residence in them. Hotel services" (code 4.7).

And this is the first problem and barrier to the general amnesty of individual housing construction residential buildings used as hotels.

Where to begin?

Before obtaining ownership of a plot of individual housing construction, it is necessary to carry out land surveying - a set of works to establish and secure the boundaries of the plot and subsequent legal registration of the received data. Then you need to submit an application to Rosreestr, to which a package of required documents must be attached.

Note! To build a house on a purchased plot, you also need a special permit, which can be obtained from local governments. In addition, it is necessary to submit an application to the Bureau of Technical Inventory to obtain a technical passport for the building.

How to get it for free?

The plot of individual housing construction is provided free of charge to the following categories:

tenants who received land during the USSR, subject to the presence of a residential building on the site. This is a re-registration of ownership, possible once free of charge;
WWII veterans;
military personnel after 15 years of service;
employees of the Ministry of Internal Affairs, Investigative Committee, FSB after 15 years of service;
heroes of labor and full holders of the Order of Glory;
families with 3 or more children;
families registered as apartments;
young specialists who came to work in rural areas (medicine, education and other specialties by decision of the local council).

To receive it you need:

coordinate with the local administration the location of the plot;
order a cadastral plan;
check the availability of communications on the site, indicating their presence on the plan;
an act is signed with the administration on the transfer of land;
the allotment is registered in the cadastral register.

Current legislation in 2021

Changes to town planning acts are regulated by Law No. 340-FZ, which came into force on August 4, 2021. The document gives a clear idea of when, where, and how real estate can be built and registered in Russia.

The second document worth mentioning was Law No. 217-FZ, which came into force on January 1, 2021. It regulates special-purpose buildings: country houses and structures that are necessary for conducting economic and agricultural activities. However, it is not prohibited to build residential real estate on such sites.

The permitting nature of registration has been canceled - but that’s not all the changes:

clarified the parameters that any private residential building must meet;
the concept of “country house” was abolished, leaving 2 categories: garden and residential houses;
a notification construction procedure has been introduced - it is the same for all categories of houses.

Also, some innovations affected the redevelopment and reconstruction of private houses. So, for example, if earlier in the presence of a technical plan and sketch. The commission did not visit the site, but now this is a mandatory procedure.

How to register?

At the moment when permission for individual housing construction is received and issued, all that remains is to register the individual housing construction. Here is what you need to prepare from the documents to apply for registration of ownership of an individual house:

document on the right to a land plot;
a document confirming the fact of the creation of the house with its description;
statement;
cadastral passport;
document confirming payment of state duty;
a document proving the identity of the applicant and a power of attorney for the representative (if any).

From January 1, 2021, real estate rights will be registered in accordance with the Federal Law of July 13, 2015 No. 218 “On State Registration of Real Estate”, this means that without cadastral registration, ownership of individual housing construction on agricultural plots will be impossible and it is necessary to resort to assistance cadastral engineer.

Rent

It is not necessary to buy land right away; you can rent it, build a house, put it into operation, and then buy it back at a price of 2.5% of the cadastral value.

Procedure:

Choose a plot yourself or participate in a public auction.
Write an application to the administration at the location of the land about your intention to lease the plot.
Officials check the land for ownership and encumbrances, compare its location with the master plan for building and development, and then render a verdict.
Preparation and signing of the lease agreement.