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Registration of a country house opens up new opportunities for the owner: the object can be insured, sold, donated, bequeathed. The procedure depends on various nuances: the availability of documents for real estate, the category of land use, the location of the building. In this article, we will highlight the procedure in general terms and pay attention to some of the subtleties that you will have to face.
Do I need to decorate a house in the country?
Ownership of a house – an important step because it will protect the right to property. In case of withdrawal of the site or illegal actions of a third party, compensation can be obtained for real estate. Registration of a house on the site will allow it to be alienated, including sold, in some cases – to receive registration at the place of residence.
Another important aspect is the avoidance of demolition. Any structure erected without title documents can be destroyed by a court or executive authority. Communications of the settlement (sewerage, gas supply) can be brought to the house.
Let’s consider two options:
- The building is located in the horticultural partnership (SNT, DNT).
- The building is located in the village (IZhS – village, hacienda).
Therefore, the first thing you need to start registration of the house in the property – find out exactly where it is located. Some partnerships have long since lost their governing bodies and are perceived as villages. Sometimes a building located near a ST formally refers to the lands of settlements. The territorial location is fixed in the certificate of state registration of the land plot.
Attention! The simplified registration procedure applies only to houses located in SNT, DNT. For the construction of a structure on the lands of IZHS, permission from the local authority is required.
What documents are required
According to Article 8 of the Federal Law No. 218 “On the state. registration of real estate”, garden house – the purpose of the structure. This type of intended use is assigned only if the building is located in a partnership (on the lands of SNT, DNT). Membership in the partnership is optional, and a certificate from the chairman is not required.
Documents for registration of the house in the property, if the site belongs to SNT, DNT:
- Construction project.
- Extract from the USRN confirming the ownership of the land.
- Notification that the object under construction complies with urban planning requirements.
- Passport of the citizen of the Russian Federation.
- Technical plan of the structure (to be ordered after completion of work).
If the structure is located in a populated area, the general procedure for registering the right to real estate is applied. It is possible to legalize unauthorized construction on the lands of individual housing construction or private household plots only in court.
How to arrange a summer house as a residential building, an algorithm for a partnership:
- prepare a project for the construction;
- submit a notification through the public services portal;
- carry out construction;
- order a technical plan from a cadastral engineer;
- send a notice of completion.
Important! Based on the current legislation, the documents necessary for registering a house as a property should be collected as the task is completed. That is, a notice of the start of construction is sent before work begins. At the same time, even if the structure has already been erected, you can go for a trick and pretend that the construction has not started (it will be relevant after 31.03.2021/XNUMX/XNUMX).
Until that time, you can take advantage of the dacha amnesty and the simplified procedure for registering a house as a property. There are nuances with the confirmation of ownership of the land, if there are no documents on hand. To resolve these issues, it is better to contact a law firm.
Example. After the death of his mother, citizen G. actually entered into an inheritance, formalized the ownership of all property, with the exception of the SNT plot. Subsequently, he wanted to build a cottage, but there was no document confirming ownership. It took an appeal to the court with a statement of claim to recognize the ownership of the land.
Summer amnesty and its terms
In Russia, since 2006, a simplified procedure for registering real estate in garden partnerships has been in effect. The dacha amnesty for registering a house has been repeatedly extended. The current deadline for filing documents 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 involves a simplified procedure for registering a house: only a technical plan and a deed of ownership of the land will be required. Papers are submitted to the local branch of Rosreestr through the public services portal or through the MFC, the procedure will take at least 9 days. You can register all types of structures: cottages, garages, baths, outbuildings.
The main condition: they must be located on the lands of SNT, DNT. Please note: the “dacha amnesty” allows you to legalize the plots themselves, if they were provided to citizens before 2001. To do this, you must contact the local authorities with the appropriate application.
Will squatter buildings be demolished after the “dacha amnesty”
The question that interests the owners is the future of their cottages. Demolition of structures in those areas that are of interest to investors. And in the risk zone – not only the Moscow region, but also the Leningrad region, as well as other locations where you can potentially earn money.
Various kinds of “bear corners” located far from settlements are unlikely to be of interest to the authorities. But do not forget that the absence of a document confirming the ownership of the land (and the building) gives the state the opportunity at any time to withdraw the site for its own needs. Therefore, it is better not to take risks and spend your time and money on legalizing the object.
Where to go
In the above order, registration of a house on a land plot as a property can be done through the public services portal – remotely. The applicant can personally or through a representative apply to the MFC serving the territory. A power of attorney will be required for the person representing the interests.
In order to draw up a technical plan for the construction, it is necessary to leave an application with the BTI bodies, to which the partnership belongs. The easiest way is to find an office on the Internet, in the same place – fill out a form.
Reason for refusal to register
According to Article 26 of the Federal Law No. 218, the registration process is suspended if a notice is received of the non-compliance of the structure with the requirements of urban planning legislation. The grounds for its issuance are provided Hr.20 st.55 the corresponding code of the Russian Federation.
The most common reasons for refusal are problems with land documents (invalidity of papers), land (has an area above the maximum), construction (violated construction standards). Some deficiencies are fixable, others are not. Thus, it is possible to confirm the ownership of a land plot in court, while the disputed object can be moved further from the border.
It happens that the owner owns two sites, and the building is located on both. An object cannot be registered at the same time both there and there. A procedure for merging parcels will be required (if their total area does not exceed the maximum allowable parameter). Refusal to register can be challenged in court.
Registration of a country house without documents
Among the issues that the owner of the structure may face is the lack of a document confirming the ownership of the site. Well, if it is simply lost – in this case, you can restore it.
Worse, if such a document has never been issued or refers to another person. In this case, it will be necessary to recognize the ownership of the land in court (the process can take a long time). Above it is indicated which documents should be in the country, and in their absence, the registration process becomes impossible.
Cost
To find out how much it costs to register a house on the site, Let’s calculate the mandatory and facultative expenses for the Moscow region:
- Building project – from 3 thousand rubles.
- Services of a cadastral engineer – 15 thousand rubles.
- State duty for registration of property rights – 350 rubles.
- Possible intermediaries – from 5 thousand rubles.
Thus, mandatory expenses for the Moscow region will amount to 15350 rubles, taking into account additional expenses – about 25 thousand. The cost of the technical plan depends on the region and prices at the BTI. In some regions, the price can be only about 5 thousand rubles.