To register a residential property on the lands of private household plots or individual housing construction, you will certainly need to obtain a construction permit. There are frequent cases when land owners begin construction, and at the same time, without obtaining permission in accordance with the law. This naturally leads to a difficult situation when it is simply impossible to register a built house. You will learn about how to register a residential property on a land plot and other nuances from this article.
Registration of a house on an individual housing construction plot
Individual housing construction lands mean areas created for individual private construction. Lands in this category have two legal statuses. Residential buildings for permanent residence with the possibility of registration, or various auxiliary buildings (outbuildings, bathhouses, garages, etc.) can be built on them.
Although construction on individual housing construction lands is well regulated by law, the law does not provide a precise definition of the concept of an individual residential construction project. Some criteria are available in the Town Planning Code (GrK), but the concept is not defined there. The second document, which includes the properties that the building must comply with, a classifier of types of permitted land use. According to these regulatory documents, an individual home can be considered:
- A detached house without common facades with other objects. So, for example, a townhouse or identical buildings for housing several families at once, having a common facade, but separate entrances, can no longer be objects of individual housing construction.
- A house designed for permanent residence of one family. An important factor that must be taken into account when obtaining a building permit and subsequent registration of a home.
- The house is no higher than three floors. This is the most controversial point that appears in the explanations to the GRK.
Is it possible to register at a summer cottage in DNT in Russia?
According to the new law (No. 217 Federal Law of January 1, 2019), the concept of DNT (dacha non-profit partnership) has been abolished, as well as dacha partnerships and cooperatives.
There are only two legal forms left in Russia:
- gardening non-profit partnership (SNT);
- vegetable garden non-profit partnership (ONT).
The construction of a residential building is permitted only on a garden plot (read more about how to register at a dacha in a garden partnership here). If a house is built on a garden plot, it is recognized as an unauthorized construction and, according to the law, can be demolished. DNT automatically turns into SNT. Documents are not forced to be changed urgently. You can change it at any time, unless of course you, for example, need to sell your country plot, then you will have to first change the documents before selling. It was possible to register earlier. Nothing has changed here.
Regulatory framework
Regulation of this issue at the legislative level is developing gradually. This is due to the fact that in the past there was a whole boom in individual suburban construction, when buildings were erected without design and issuing permits. At the same time, there were no means of regulation, which often led to not the most pleasant situations in the future.
For example, a residential building was built a couple of years ago and people lived in it quietly for years, but later it turns out that the territory is not intended for construction work at all. Such a house cannot, in principle, be legalized.
The first attempt to resolve the issue was a dacha amnesty, which made it possible to register housing of this type in an easy manner. It gradually lost its relevance as real estate legislation developed and many of its provisions were changed in accordance with new amendments to the law.
What we must not forget
Although changes are being made to the legal framework at regular intervals and it is difficult for those who do not understand this to understand the changes in the legislation, we note several qualities that must be taken into account:
- To build a residential building on individual housing construction lands, a building permit will certainly be needed. Without it, subsequent work on registration and registration of property rights will be impossible.
- Without a building permit, you can only register non-residential buildings (bathhouse, utility block, garage, etc.).
Attention! If you have started construction of a residential building and documents are being drawn up at the same time, you are taking a risk, since the building may be recognized as a self-construction. With this option, you will need to go through the legalization procedure through a judicial authority, but there is always the possibility that the court will not be on your side.
What documents are needed
Before starting construction, you must obtain absolutely all the necessary documents, or rather a construction permit. Of course, you can build a house without this document, but this is fraught with numerous difficulties with registration. In some cases, a decision will be made through a judicial authority to dismantle the building.
A house built without permission can be registered as non-residential, but in this case it will not be possible to take advantage of the main advantage of building on individual housing construction lands, the opportunity to acquire an address and permanent registration. After construction the following documentation will be required:
- Land foundation documents. This documentation does not constitute title to property, as it serves solely to confirm the existence of rights to land. This group of documents includes: lease agreements, purchase and sale agreements, donations, etc. If the ownership of the land has already been registered, the basis for this fact will be an extract from the Unified State Register of Real Estate. This is a single document, and therefore the certificate is no longer issued. In the vast majority of cases, it will not be necessary to obtain it, since all the necessary information is already in the registry.
- Permission to commission. Starting from March 2021, a building permit is required if an unfinished house is registered. Similar situations occur, for example, if the owner started construction, but then decided to sell the area and the buildings located on its area. With this option, it is impossible to do without registering ownership of an unfinished object.
- Technical plan for the house. It is possible that other technical documentation may be required, and therefore it is worth consulting in advance on this matter, because refusal to accept documents may be due to an incomplete set.
Speaking specifically regarding technical documentation, it is worth explaining the situation with the cadastral and technical passport.
It is important to understand that the cadastral passport as a document is no longer valid. Its functions are currently performed by an extract from the Unified State Register of Real Estate. The functions of the technical passport are almost entirely carried out by the technical plan, and therefore it may only be required when obtaining a mortgage loan.
Registering a house on individual housing construction lands is the simplest and most well-regulated option available. According to Art. 25.3 Federal Law 122, for the owner of the land, the basis for registering ownership rights to a house is the very fact of its construction, which is confirmed by the required documents.
If the lands have VRI for gardening, vegetable gardening, horticulture, or are summer cottages, then everything is significantly more complicated. The types of buildings that can be erected in similar areas are defined by Federal Law 66:
- Summer cottages, houses with permanent (registration is possible) or temporary residence. Registration is possible in the latter.
- Garden plots and houses for temporary residence are not intended for registration.
- Garden plots, exclusively outbuildings.
In order to avoid getting into a difficult situation, we recommend that you consult with professionals before that moment. With legal advice, you will be prepared for various difficulties and will be able to avoid them, all without breaking the law.
Registration
Law 112-FZ, dated July 7, 2003, indicates that the legal regulation of the use of private household plots' lands is carried out by the Constitution, Federal laws, as well as by-laws of various levels of government.
Thus, issues of registration at the place of residence are regulated by the updated version of the Law of the Russian Federation No. 5242-1 of June 25, 1993.
Current legislation allows for the possibility of registration in a house built on a site with a VRI private household plot.
To realize this opportunity, a citizen must go through a number of administrative procedures:
- registration of rights to a residential building with the Rosreestr authorities;
- assignment of a postal address in the local administration;
- making changes to the registers of rights, as well as the real estate cadastre, followed by obtaining an extract from the updated Unified State Register;
- submitting an application for registration at the place of residence.
The registration authority is the territorial representatives of the Federal bodies exercising functions in the field of control over the migration process (passport and visa service).
List of documents required to obtain registration:
- application in the prescribed form;
- identification document of the applicant;
- extract from the Unified State Register.
The law allows registration in an unfinished house , if it is recognized as suitable for habitation by a special commission.
The documents have been collected, what to do next?
After collecting all the necessary documentation, you must submit an application to Rossreestr. As already noted, previously the registration of ownership rights and registration in the cadastre were two separate legal procedures that were carried out at different times.
According to the law, any immovable property must be registered in the cadastral register. Only in this case can ownership be registered. In addition, because of this, you have to spend a lot of time going through the necessary procedures. As a result, almost many land owners never formalized ownership rights after registering the house on the cadastre. Problems arose when trying to inherit or sell.
In Art. 16 Federal Law No. 122 states that the owners have the right to submit the entire package of documentation at once, both registration and registration of rights. As a result, the time required to complete two procedures can be significantly reduced.
The innovations also affected application submission methods. Previously, it was possible to contact Rosreestr directly. Now the documentation is submitted through the MFC or the official website of the State Services.
When choosing one of the options, you need to take into account the following nuances:
- If you decide to submit an application through State Services, then you will be required to provide an electronic digital signature. If available, you can send an application and electronic copies of documentation, but you will still need the originals.
- If you contact the MFC, it will take more time to complete the documents, which is due to the nuances of the work of various departments. The registration period must be counted from the moment the documentation is received by Rosreestr, and not from their submission to the MFC.
After submitting the documentation, Rosreestr specialists will conduct a legal examination and then make a decision. In case of a positive verdict, the house will be registered in the cadastral register, but the ownership will also be approved. When receiving documentation, a receipt is issued indicating the date of visit to Rosreestr. If there are no doubts regarding the legal purity of the submitted documents, the house will be registered, and the owner will be given an extract from the Unified State Register of Real Estate. According to the law, a decision on the application is made within ten days.
Decoration of country houses from 2021 latest news
The adoption of the law on the extension of the dacha amnesty, according to which cadastral registration of residential buildings created on plots for gardening and dacha farming can be carried out without sending notifications, has once again simplified the life of gardeners.
The state is interested in involving residential buildings in civil circulation, which is why it extended the deadline. In addition, in most cases it is unrealistic to receive a notification about the compliance of an already built house with urban planning standards, since few people complied with these standards during construction. And registering a country house through the MFC, without receiving notifications, is a simpler procedure. Therefore, if your country house is not properly decorated, it is better to do it before March 1, 2021 and not wait until the last minute.
Cost of registering a house on individual housing construction lands
When registering a house on the lands of private household plots and individual housing construction or private plots, a state fee is required to be paid. Fees vary depending on the type of registration action. You can clarify certain amounts on the Rosreestr website.
In addition, it is important to consider obtaining technical documents for the registered house. Since its preparation can only be carried out by a cadastral engineer with a suitable license, it will not be possible to save on his services.
Registration procedure
According to the new legislation of 2021, a simplified registration procedure for a summer cottage will be introduced. The new law will take effect from the beginning of 2021. For registration you will need the following documents:
- application for registration;
- applicant's passport;
- BTI technical passport;
- fee payment receipt;
- title documents for land and house.
If you plan to register not only yourself, but also your spouse or child, then additional documents will be required:
- papers confirming a registered marriage;
- birth documents of children;
- permission from the second parent to register the child is necessary if the child is registered with only one of the parents who is no longer married to the second;
- detachment sheet from the previous place of registration.
To register, you need to collect the listed package of documents and submit them to the Federal Migration Service relevant to your place of residence. This can also be done through the government services portal. Results should be received within 3-10 days.
