When the long-awaited construction of the long-awaited house is completed, the owner must go through a certain procedure for registering his building. How much does it cost to register ownership of a house built by the owner on his own land in 2021? Such a procedure must be carried out in accordance with the requirements provided for in Article 25.3 of the Federal Law. zak. No. 122. This law regulates the registered rights to the objects under construction and all transfers of ownership rights for these objects.
Properly registered ownership of the constructed object significantly increases its liquidity. With the completed documents, the owner will be able to carry out any manipulations with his home without unnecessary red tape:
- Sell or donate to someone who has expressed a desire to live in the village.
- Set up as collateral for some purpose.
- Pass on by inheritance.
- To rent.
- Apply for registration and live in the house.
So what is usually meant by a “residential building” object?
As of today, no such clear definition as “residential building” is prescribed by any clauses of the law.
As usual, buildings that have the following characteristics are classified as individual housing construction:
- The building is located separately from other buildings nearby.
- The building does not have adjacent walls with other buildings that are intended for housing.
- Only one family lives in this house.
- The building is no more than three floors in height.
A house built on an individual housing construction site must be assigned an address. In order to make it possible to live in this house all year round, various communications are connected to it. Only then will family members be able to register in a residential building.
What kind of house can be considered residential?
It is clear that it is possible to live comfortably both in summer and in winter only in a permanent building. Capital means firmly connected to the ground, built on a foundation, and not on some piles, logs, or supports.
A residential building must have reliable supporting structures and a roof. It is necessary to supply such a building with electricity, cold water supply (hot water supply if possible), drainage (sewerage), and install heating and ventilation systems there. In gasified areas, heating is done using gas. If the area is not gasified, then houses are heated either by electricity or by internal heating systems (stoves, fireplaces).
The absence of water supply and central sewerage is allowed in houses with a height of no more than 2 floors (in areas without centralized utility networks).
It is important that the temperature in residential premises is at least plus 18 degrees all year round. The height of rooms and kitchens must be at least 2.5 meters, corridors and attics - at least 2.1 meters. Rooms and kitchens in residential premises should have natural light, in other words, have windows.
Necessary actions before starting construction
The owner of a piece of land has the right to use and dispose of it as he wants. But many different rules limit the owner’s rights to use such property. For example, not every plot of land is allowed to build a house for living, even if it belongs to the owner legally.
Be sure to make sure that this site is intended for residential development. The intended use of the land is specified in the cadastral passport. It is necessary to check the data on the permitted use of the land.
Will squatter buildings be demolished after the “dacha amnesty”?
The question that interests the owners is the future fate of their cottages. Structures are demolished in areas that are of interest to investors. And in the risk zone is not only the Moscow region, but also the Leningrad region, as well as other locations where you can potentially make money.
Various kinds of “bear corners” located far from populated areas are unlikely to be of interest to the authorities. But we should not forget that the absence of a document confirming ownership of the land (and the structure) gives the state the opportunity to seize the site at any time for its own needs. Therefore, it is better not to take risks and spend your time and money on legitimizing the object.
The legislative framework
In 2021, ownership of residential real estate, which includes buildings on individual housing construction sites, is determined on the basis of Law No. 218-FZ . As soon as such a law was introduced, every owner who wants to formalize his building for personal use must obtain permits for its construction.
Let us note the main steps that must be taken before individualization of construction rights begins:
- We check for what purposes the land on the site can be used.
- We are obtaining permits for the construction of our house.
- We carry out construction work.
- We are putting our house into operation.
- We receive documents: cadastral passport and technical passport for the house.
- And we register the house for personal use
Nuances of registering land and buildings in SNT according to Federal Law No. 93
Federal Law No. 93 treats buildings as illegal if they are not properly registered. In litigation, for example with neighbors, it is difficult to defend your rights to illegal construction. A decision on demolition may be made. It’s easier to register a building than to pay for lawyers, court costs and demolition.
Federal Law No. 93 normalizes the registration of houses in SNT and DNT, built before the Land Code, the main regulator of land law in the Russian Federation, came into force.
Other registration details:
- Capital buildings are registered as property; the provisions of the law do not apply to temporary and utility buildings;
- Buildings up to 3 floors high are registered, including the basement and basement;
- There are no building area requirements, but large structures may raise questions and difficulties.
A house cannot be registered as a property if it:
- transferred for use under a lease agreement;
- transferred for free use;
- is of cultural value;
- the territory of the land plot is located in a national park or reserve.
In any case, before starting the registration procedure, it is better to get qualified advice, eliminating unnecessary expenses and saving your own time.
The “dacha amnesty” was introduced in 2006 and then extended. The latest extension until 2021 has complicated the procedure, and it is difficult to say whether it will be extended in the future or whether it will become even more complicated. There is no need to risk delaying the registration of capital buildings in SNT, especially considering the possibility of free registration by municipal services until the 20th year.
Registration of ownership of construction on private housing construction lands
To become the legal owner of a building erected on individual housing construction lands, we prepare the necessary documents:
- We fill out the application according to the specified form.
- We provide your passport.
- A document proving that you are the owner of the land.
- Permission to construct a building.
- Prepared technical passport. It is compiled by the Technical Inventory Bureau within 14 days, so it must be completed in advance.
- Cadastral passport for land.
- Cadastral passport for a constructed residential building.
- Document confirming the assignment of a postal address.
- Permit document for putting the building into operation.
- Document confirming the state fee paid.
Applications for registration of real estate in Rosreestr branches are usually processed within ten to fourteen days if they were submitted directly to Rosreestr. If documents were submitted through the MFC, then the waiting time may be a little more.
Dacha amnesty and its terms
In Russia, since 2006, a simplified procedure for registering real estate in gardening partnerships has been in effect. The dacha amnesty for registering a house has been extended several times. The current deadline for paperwork is March 1, 2021. It is possible that it will indeed be the last, and after this date you will have to go to court.
The amnesty implies a simplified procedure for registering a house: only a technical plan and a land ownership certificate are required. Papers are submitted to the local branch of Rosreestr through the government services portal or through the MFC; the procedure will take at least 9 days. You can register all types of buildings: cottages, garages, bathhouses, outbuildings.
The main condition: they must be located on the lands of SNT, DNT. Please note: the “dacha amnesty” allows the plots themselves to be legalized if they were provided to citizens before 2001. To do this, you must contact your local authorities with a corresponding application.
Registration of ownership of a house on a SNT or DNT plot
If the building was built on the site of a garden or dacha partnership, the process of registering the right to personal property will be much more complicated. If before March 1, 2021, a house built on such a plot could be registered according to a simplified scheme, since the “dacha amnesty” was in effect, then at present the owners of such buildings will have to register their rights on a general basis.
Owners of such constructed residential buildings will need to go through a rather difficult path, which involves obtaining permits for construction. Otherwise, such a house will be considered unauthorized.
According to a simplified scheme, after the rights to the land were established, the building could be registered using 2 documents:
- Document establishing the right to land
- Passport for the building, which is drawn up by cadastral engineers
*Citizens are often concerned about the high cost of cadastral engineer services, since this directly affects the cost of registering ownership of a house that the owner has built on his land. For reference: in the Moscow region such services cost 450 rubles. per hundred square meters, but not more than seven thousand per plot.
It is hoped that the simplified registration period will last until March 1, 2021. Such a bill has been submitted to the State Duma for consideration, since there are still a large number of citizens who have not properly registered their real estate.
In order to register a building erected on a SNT or DNT site under the dacha amnesty, we are preparing the following documents for submission:
- A registration certificate or declaration for the house indicating the parameters characterizing it.
- Passport of the citizen who registers the house.
- An extract from the Unified State Register of Real Estate, which confirms ownership of the land plot.
If the site does not yet belong to the owner of the building, then you must first register the land as ownership.
The package of documents is transferred to Rosreestr. An application of the established form must be attached to it, having paid the mandatory state fee.
The process of registering rights to a building takes about two weeks, after which the owner receives an extract from the Unified State Register of Real Estate. This extract is the very treasured document according to which this particular citizen is the owner of this building.
Who should pay the costs
The costs of purchasing a house are paid by the buyer himself. He receives all the documents he needs at his own expense. And the seller spends accordingly on the paperwork required to sell the house. That is, each party in this operation has its own expenses that cannot be avoided, and they are mandatory.
Taxes
When concluding a purchase and sale agreement, individuals make the following payments:
- State duty – 1%;
- Pension insurance fee, which is mandatory, is 1%;
- 0% – when owning real estate for more than 3 years;
- 5% (residents, 15-17% for non-residents) – no sales of other real estate per year and ownership for less than 3 years.
These payments are calculated from the value of the property, which is real estate, which is specified in the contract.
The transaction is also subject to state duty. For citizens it is equal to 6,000 rubles, for legal entities – 66 thousand rubles.
By the way, sometimes it is much more profitable to donate your property instead of selling it. Read: deed of gift for a house or apartment to children, relatives or other people: pros and cons, registration. ⇐ Otherwise, how can you avoid losing your profit!
Registration of ownership of a house built without a building permit
Some “dashing” builders of residential buildings, after their construction, sometimes encounter problems that they did not even think about at the beginning of construction. Permission for the construction of a residential building was not obtained, but they are required to register ownership.
For such cases, of course, certain norms of the Town Planning Code of the Russian Federation are provided. Making the construction legal will not be as difficult as it will cost a lot of time and money. If the developer has not prepared the appropriate documents for the land, then it is first necessary to register ownership of the land plot.
There are three ways to register ownership of an unauthorized house:
- With the help of a judicial authority, by going to court.
- Be able to obtain a building permit in advance of the moment of registration, and after some time put the house into operation.
- Submit an application to the commission for the suppression of unauthorized construction to ensure that the object is left intact. If the members of the commission decide the issue positively, all the necessary permits will be prepared and issued to you.
How to register the sale of a house with land
To formalize the sale of a house with land, the owner must have all the papers indicating that he is the owner of the property. Copies do not count; originals must be included.
To secure the transaction, an advance is made and a preliminary agreement is concluded , which must be certified by a notary. It reflects: when the transaction will be completed, in what form and amount the payment is made, and the guarantee amount. It will be approximately 5% of the cost. If the buyer changes his mind, the money remains with the seller. If the transaction is interrupted due to the fault of the owner, then he returns the advance and pays a fine equal to the same amount.
Full and advance payment can be paid either in cash or by bank transfer, if paying for individuals. The advance payment is given in cash and in front of a notary, but it is better to make the final payment in cashless form.
The calculation is carried out in three ways:
- Funds are transferred from the buyer's account to the seller's account.
- Cash in national currency is deposited into the current account.
- With the help of a notary. He acts as a guarantor, first the buyer transfers funds to his account, and then the notary transfers them to the seller. But you will have to pay extra for this service.
The most common method is cash payment. The contract specifies what amount is transferred, in what equivalent and how the recalculation is made. This method is risky. Therefore, it is more convenient to use the services of a cashier. Using equipment, he will count the money and check whether it is real or not. You can use a safe deposit box where you can leave the required amount, and the agreement with the bank will reflect all possible conditions for allowing third parties to access it.
How much does it cost to register ownership of a house?
Like any other procedure related to the registration of something, registering ownership of a house built on your own land will cost some money:
- Registration of a technical passport at the BTI (1200 rubles, if urgent, then 2500 rubles).
- State duty for registering a house in the Unified State Register of Real Estate (RUB 2,000). You must remember that you must first pay the fee, then submit the documents; without payment, they simply will not be hired.
- Legal services if the developer decides to seek the help of specialists (about 5,000 rubles).
- State duty for registering a house (individuals - 350 rubles, legal entities - 1000 rubles, according to the requirements of the Tax Code of the Russian Federation).
From all of the above, it is clear that well-thought-out and well-taken steps when building your own residential building will help you quickly become its legal owner and save time and financial costs. We hope that after reading the article, the procedure for registering the right to a house will become clear and easy.
Nuances
There are certain points that the seller and buyer may not notice:
- A buyer sometimes forgets that once he becomes the full owner of the home, he needs to pay taxes.
- It is imperative to comply with all recommendations regarding documents. Buyers who do not carefully check the seller's property documents may regret it.
- If any participant in the transaction is not confident in legal literacy, it is better to seek the help of a lawyer or there may be bad consequences.
Please keep this in mind, especially for buyers. And it doesn’t matter if you buy a house or an apartment. You can fall into the hands of scammers.
In conclusion, we especially note that buying or selling a house with land is a complex operation that is not always easy to figure out on your own. To draw up a contract, you need to collect the documents necessary to formalize the purchase and sale of a house and discuss the main conditions. When the contract is signed, as well as the deed of transfer of property, the transaction must be registered as expected.
Pitfalls you may encounter when designing a garden house
Often, citizens, turning to a cadastral engineer for registration of their country garden or residential building, find out that their plot is not demarcated and, along with the preparation of a technical plan, they need to fork out for land surveying. Read about why land surveying is needed in the article: “How land surveying is done.” When registering a country garden, residential building and other buildings, unforeseen circumstances may arise that prevent cadastral registration. Depending on the complexity of the situation, home registration may take several months or years.
We wrote about some additional nuances of delaying the cadastral registration of real estate in separate articles. List of articles by topic below:
Suspension of registration of ownership of real estate What is a cadastral error and how to correct it The disk in the MFC or Rosreestr cannot be read Extension of the dacha amnesty
