Federal Law No. 340-FZ - individual housing construction according to new rules

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Published: 02/23/2018

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The question of the possibility of registering a residence permit in a country house traditionally remains relevant. In a house built on an individual housing construction plot, registration is allowed, which explains the high demand for this property.

• House for individual housing construction: concept and legal status
• Is it possible to register in an individual housing construction house?
• Documents for registration in an individual housing construction house
• How to register in an individual housing construction house

What changes did the new legislation bring?

The new law regulated in detail the unified notification procedure for the start and completion of construction of individual housing construction projects and garden houses on garden plots. It is being introduced to replace the previously existing permitting procedure, when, before laying the foundation, it was necessary to obtain a construction permit, and then another document - permission to put the facility into operation. Now the procedure has been simplified: the owner of a land plot is obliged to notify the municipal administration of the planned construction of a residential building.

Lease of land from the administration for development

To rent a plot for individual housing construction, you need to complete the following steps:

1. Order a copy of the site plan on a scale of 1:500 from the city administration.
2. Select a site without objects under construction.
3. Find out from the local administration whether it is possible to rent this plot of land.
4. Make sure that there are no objects on the site that would impede construction.
5. Submit a development application.

It may take several weeks for the authority to make a decision. If the consideration of the application is positive, an auction is held. A notice about it is published in the media and on the Internet.

How can this be done, where to go?

Schematically, this process looks like this: a person plans to build a house, he applies to the local government body (LGU) with a notification of the planned construction, to which he attaches a title document for the land plot.

The notification form has been approved by the Ministry of Construction of the Russian Federation and is freely available on the Internet. You can submit a notification in several ways: through the MFC, using the Unified Government Services Portal, or by registered mail with notification by mail.

Within 7 days from the date of receipt of the notification about the planned construction, the compulsory health insurance company carries out the inspections required by law

for compliance of the object with urban planning parameters and sends a notification to the developer about compliance with the parameters of the planned construction.
Then you can start building the house. Construction will take 10 years.
If the compulsory health insurance company considers that the parameters do not comply with the law, it sends a notice of non-compliance with the parameters of individual housing construction objects or a garden house specified in the notification. Then it is necessary to revise them.

After the house is built, according to a similar scheme, you need to again apply with a notification of completion of construction to the compulsory medical insurance.

The deadline for submitting such notification is no later than one month from the date of completion of construction or reconstruction. The notification must be accompanied by a technical plan prepared by a cadastral engineer. Within 7 working days from the date of receipt of the notification of completion of construction, the compulsory medical insurance company checks whether the constructed facility complies with the current parameters of permitted construction. If everything is in order, all documents are sent to Rosreestr. I want to emphasize this: citizens do not need to apply to Rosreestr independently for cadastral registration and registration of property rights with a notification procedure! The local government body must independently prepare and send all documents; this is their responsibility, stipulated in Article 13 of Federal Law No. 340-FZ.

Advantages and disadvantages

We have analyzed how they will be deciphered and what these or those categories of plots will mean. Now, based on the information presented above, you can trace the pros and cons of plots intended for individual housing construction. Among the advantages are the following:

• for such settlements, banks provide loans if suddenly there are not enough personal funds to build a house;
• due to the fact that such areas are located within the city, there are no difficulties in connecting them to any communications;
• for owners of such plots there is an opportunity to take advantage of a tax deduction;
• By acquiring land, citizens become its sole owners, they do not need to become a member of any partnership or partnership;
• the authorities are obliged to organize and maintain the infrastructure surrounding the site in proper condition;
• in addition to a residential building, it is also allowed to erect outbuildings and arrange a garden or vegetable garden;
• providing the house with a legal address and the opportunity to register there.

As elsewhere, there are some disadvantages here:

• prices for such plots are higher than others;
• the allotment has its own restrictions on the territory;
• there are restrictions on the number of floors of a building, which must comply with many standards;
• high taxes.

SNT, DNP, individual housing construction, what to choose - everyone decides independently based on their needs and financial capabilities.

What properties does the new order apply to?

The notification procedure concerns the construction of individual housing construction projects and garden houses on garden plots.

Another important nuance: before March 1, 2021, cadastral registration and registration of rights to residential buildings created on land plots provided for gardening and summer cottage farming can be carried out without sending notifications about the planned construction or reconstruction of objects and notifications about the completion of work. You only need to take three steps: contact a cadastral engineer, with his help fill out a declaration about the property and prepare a technical plan, submit these documents to Rosreestr through the MFC. After March 1, 2021, a notification procedure will also begin to apply for this category of objects.

What is a plot for individual housing construction?

In the housing sector, there are a lot of abbreviations for designating land, which will be difficult for those ignorant of the housing issue to decipher. Among the frequently mentioned abbreviations are: SNT, DNT, individual housing construction, etc.

If you plan to build a house, buy an allotment for individual housing construction, the interpretation of which means individual residential construction.

The purpose of individual housing construction presupposes the presence of a private household in which the owner plans to reside permanently, register, and have a postal address.

Not all sites are suitable for residential construction: they must be located within a populated area, with provision for development, provision of the necessary infrastructure, utilities, roads with the support of the local municipality or regional authorities.

Residential construction must be permitted, and the selected location must be part of a private sector zone with low-rise (up to 3 floors) buildings.

Individual construction can also be carried out on the territory of summer cottages, however, such buildings have a different status, and their construction is consistent with other legal norms. Unlike houses located on the territory of garden and dacha partnerships, the category of individual housing construction assumes free registration and comfortable living of all family members in the constructed housing.

What is being built?

Construction on individual housing construction lands is carried out in compliance with a number of rules established by construction, legal and other regulations.

Guided by the main legislative act, the future homeowner determines the type of object being built. According to the Town Planning Code, target objects can be:

• residential building up to 3 floors high, cottage;
• outbuildings required to meet the basic needs of residents (barn, greenhouse, bathhouse, garage construction);
• arrangement of a garden or vegetable garden.

The space allocated for individual housing construction must be provided with effective support from local authorities in laying and connecting the main utilities responsible for the comfort and convenience of housing.

The legislative framework

Before starting residential construction and before completing the purchase of a plot, you should study the current legal norms of Russian legislation:

1. Art. 7 of the Land Code of the Russian Federation regulates the intended use of individual housing construction plots, allowing the construction of a residential building and the development of personal plots and outbuildings.
2. Art. 49 of the Town Planning Code provides the rules for private residential construction. In particular, the mandatory compliance of the form of individual development with the general plan of the locality.
3. Each municipality adopts its own acts establishing the rules for the transfer of land under a lease agreement.
4. If you intend to transfer land to another category of purpose, actions are coordinated with the federal norms of the Law “On the Transfer of Land Plots,” adopted in 2001.
5. Construction work must be carried out in compliance with the relevant standards ( SNiP 30-102-99 ) governing the layout of the territory and the features of the development. Attention should be paid to compliance with the so-called “red line”, which limits the boundaries of the residential sector. It is possible to build roads, driveways, and other public places outside the conventional boundary.

In the process of constructing a private home, it will be necessary to undergo approval from many authorities, but the first requirement that must be met is that the use of the plot corresponds to its initial permitted purpose.

Download the Land Code of the Russian Federation Federal Law No. 136 (4.1 MiB, 1,115 hits)

Article 39. Town Planning Code. The procedure for granting permission for a conditionally permitted type of use of a land plot or capital construction facility (18.5 KiB, 249 hits)

SNiP 30-102-99 “Planning and development of the territory of low-rise housing construction” (224.1 KiB, 272 hits)

What is the fundamental difference between an individual housing construction project and a garden house?

The equivalence of the concepts “individual housing construction object”, “ residential building”

" and "individual residential building" is a residential, separately located building, having no more than three floors and no higher than 20 meters, consisting of residential and utility rooms, as well as utility rooms. This building cannot be divided into independent real estate units, for example, apartments.

garden house

– a building for seasonal use, intended to satisfy citizens’ household and other needs related to their temporary stay in such a house. That is, a garden house is a non-residential object. This is a new concept introduced on January 1, 2019 by Federal Law No. 217-FZ.

Previously erected residential buildings (information about which was entered into the Unified State Register of Real Estate before January 1, 2021) are recognized by law as residential buildings; previously created non-residential buildings that are not economic and intended for the temporary stay of citizens on garden plots are recognized as garden houses.

Federal Law No. 217-FZ provides for the possibility of recognizing a garden house as a residential building and vice versa - a residential building as a garden house. To do this, you need to contact your local government authority.

Allotment size

The exact minimum and maximum sizes of a land plot for individual housing construction on which a house can be built are not specified in the legislation. They are appointed by the local administration. The law only outlines general provisions that should guide regional authorities.

The size of the plots is determined based on the following parameters:

• the area of ​​the region and free territories in it;
• Population;
• density of residential development within the boundaries of a settlement.

The average minimum figure for Russia is six hundred square meters. In sparsely populated areas, the size of such plots can reach up to 10 - 12 acres, extremely rarely - up to thirty.

Today we have mentioned cadastral engineers more than once, how to choose one, what should you pay attention to?

When choosing a cadastral engineer, the Rosreestr Office for the Kurgan Region recommends referring to the rating of specialists operating in the Trans-Ural region, published quarterly on the official website of Rosreestr - www.rosreestr.ru.

The rating is based on the share of decisions made on suspensions and refusals in state cadastral registration of the total volume of documents submitted by these specialists. The lower the share of suspensions and refusals in state cadastral registration in practice, the correspondingly higher the quality of the prepared documents.

To get acquainted with the rating, you need to go to the official website of Rosreestr (www.rosreestr.ru), select the region “Kurgan Region”, section “Open Service” / “Statistics and Analytics” / “Rating of Cadastral Engineers”.

You can also find out the contacts of the cadastral engineer you are interested in through the Rosreestr website. We select the “Individuals” section, where there is a “Register of Cadastral Engineers” tab, enter the last and first name of the specialist in the search bar, and get information about which self-regulatory organization of cadastral engineers he belongs to. Each such organization maintains a register of its specialists, where complete information about their activities is concentrated, including their addresses and telephone numbers.

What threatens those who do not use the notification procedure?

You need to clearly understand that if you are building or have already built a residential building, but do not have any documents for it, and have not taken advantage of the notification procedure, then in fact you are creating an unauthorized structure. This means that the court may order you to demolish the property or bring it into compliance with urban planning requirements. All these actions are carried out at the expense of the owner of the land plot.

Therefore, when purchasing a plot of land on which there is already a building, but the structure is not registered, you risk becoming the owner of an unauthorized building, which you will not be able to register, or then you will have to bring it into compliance with urban planning legislation at your expense, or carry out demolition. This is very important to understand for those who are planning an acquisition: you need to buy land and buildings only with completed documents.

Documents for registration in an individual housing construction house

To register in a house under individual housing construction, you must collect the established set of documents.

It includes:

• registration application (officially - arrival sheet);
• certificate of ownership of the house, or an extract from the Unified State Register for it;
• birth certificate of children/marriage registration - if the persons are related to the owner;
• consent of all owners to move in (if the registered person is not related to the owner);
• the person’s passport (it is confiscated during the registration process).