Is it possible to register in the country: the opinion of a lawyer

Why not? After all, some really live all year round in a solid house in a summer cottage village. However, according to the law, everything is not so simple.

Imagine a situation: the property only has a summer residence. With the house, with the garden, everything is as it should be, no worse than the country estates. But is it possible to get a residence permit there? It turns out that this is not always the case.

To begin with, we say “register” in a philistine way, in legal language, in this case, we will talk about registration at the place of residence or place of stay.

Since January 1, 2019, the Federal Law of July 29.07.2017, 217 No. 3-FZ “On the conduct of gardening and truck farming by citizens for their own needs and on amending certain legislative acts of the Russian Federation” has been in effect in Russia. In accordance with article XNUMX of this law on garden plots residential buildings can be placed. If you have garden plot, then you can only place outbuildings on it. But the legislation now does not provide for summer cottages.

In this way, first step on the way of your registration at the dacha there will be a residential building on a garden plot.

If your residential building was originally registered as a residential building, then you can safely register in it. If not, then your second step Is the recognition of your garden house as a residential building. For your garden house to be recognized as a residential building, it must be suitable for permanent residence and meet certain requirements:

  • provision of engineering systems (for garden houses up to two floors, the absence of a water supply and sewerage toilets in the house is allowed).

  • availability of reliable urgent structures and a roof;

  • the presence of windows;

  • the height of the ceilings of the rooms and the kitchen is at least 2,5 m;

  • providing heating in winter at least +18 degrees;

  • the first floor is located above the ground and a number of other requirements.

A garden house is recognized as a residential building on the basis of a decision of the local self-government body of the municipality, within the boundaries of which the garden house is located. The requirements to be met by a dwelling, as well as a detailed procedure for recognizing a garden house as a dwelling house, are established by the Regulation approved by the Decree of the Government of the Russian Federation of January 28.01.2006, 47 No. XNUMX.

The application is accompanied by an extract from the USRN on the main characteristics and registered rights to the real estate object, an opinion on the examination of the technical condition of the object, in case of encumbrance of the house with the rights of third parties, their notarial consent.

If your house meets all the requirements, it will be recognized as residential, after which you can register in it at the place of residence.

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