Is it possible to register at a dacha: requirements and rules

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Published: 11/16/2017

Reading time: 6 min

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For almost all Russians who purchase a plot of land for individual housing construction, can they register there afterwards? This possibility is allowed, but only after legalization of the building and ownership rights to it.

House on an individual housing construction plot
Instructions for registration of registration Collection of the necessary set of documents
Transfer of documents to the territorial department of the Main Directorate of the Ministry of Internal Affairs
Registration

How to legalize housing and obtain registration?

Housing construction, further legalization and obtaining registration are always associated initially with a lack of clarity and a full understanding of the situation.
Is it possible to register if the house has not yet been mortgaged? Wanting to protect themselves from possible conflicts with local governments, citizens seek to secure in advance the right to use a land plot. However, registration on a plot intended for agricultural activities is impossible. For this reason, it is recommended to consult a lawyer, and then take the best actions taking into account the current situation.

Registration on a private housing plot without a house but with an address

Otherwise, there is a high probability that a variety of complex and even difficult situations will arise.

How to apply for registration There are quite a large number of different conditions in accordance with which it will be possible to carry out the registration process. Each buyer will have to face the choice of the category of land in the village. The most common in the suburban real estate segment are agricultural lands and lands for individual housing construction (IHC).

Their difference is that plots for individual housing construction are intended for a full-fledged life in a country house, and plots for agricultural purposes are intended for a country cottage. Most suburban areas are located on agricultural lands.

Land of this category is intended for a dacha lifestyle, and registering in a house will cause a lot of trouble. To obtain registration on agricultural land, you need to submit an application to the court, having a permanently built house on the site.

Is it possible to register at DACHA and how to do it?

What documents are needed and the specifics of obtaining registration in SNT.

Difficulties in registration are associated with the need to prove the suitability of the built house for living all year round.

“Based on the fact that, by virtue of Article 74 of the Federal Constitutional Law “On the Constitutional Court of the Russian Federation,” the Constitutional Court of the Russian Federation makes a decision on the case, assessing both the literal meaning of the act in question and the meaning given to it by established law enforcement practice, and also based on its place in the system of legal acts, the subject of consideration of the Constitutional Court of the Russian Federation in this case is the norm of paragraph two of Article 1 of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” to the extent that it limits the right of citizens to register at their place of residence in a residential building suitable for permanent residence, located on a garden plot of land, which belongs to the lands of settlements (clause 1.2 of the Resolution of the Constitutional Court of the Russian Federation dated April 14, 2008 N 7-P"

Now all summer residents have the right to register in houses located on the territory owned by SNT.

Until 2011, No. 66-FZ prohibited registration at a dacha, but after a class action lawsuit on behalf of dacha owners, amendments were made to this law. On June 29, 2011, the Constitutional Court decided on the legality of the application and lifted the ban on registration at the dacha.

In order for permanent registration at the dacha to become possible, it is necessary that:

The land and the built house were privately owned.
The citizen had no other registration.
The building was found suitable for habitation throughout the year.
The land plot had the appropriate category and type so that you were given the right to register at its address.

The most difficult thing is to prove the suitability of a residential building for year-round use.

According to it, the level of suitability of housing for long-term use is determined by:

Reliability of structures - load-bearing and enclosing structures must be in equally good condition.
Availability of living conditions: the residential building must have all communications: electricity, gas, water (hot and cold, potable)
An appropriate level of safety - movement around the premises should not pose a danger, and engineering networks and systems must be installed at a high level and comply with sanitary and hygienic standards.

Purchase of land

Not all people who dream of a country house are ready to buy a ready-made building. In some cases, the secret dream is to build a dream home. There are a variety of offers on the modern market, so it is almost always possible to make a worthy choice.

Not every plot of land is allowed to be used for individual housing construction, so the following factors must be taken into account:

Type of land being purchased.
Features of legal exploitation.
Purpose of the territory.

How to obtain registration in a house built on an individual housing construction plot

The house has all the necessary communications (electricity, gas, water), there is a bathroom, it meets the requirements of building regulations.

The residential status of the building is confirmed by the certificate issued by the municipal authorities for commissioning.

The property has been received in relation to the house, it has been registered in the cadastral register, and ownership rights to the house have been registered.

The house must be a permanent structure. It must be completed by the time of registration.

It is impossible to obtain registration for unfinished real estate that is not registered in the cadastral register and does not have an officially registered property. The individual housing construction house must be the only place of residence for the registered person. To register in a house, you must collect a set set of documents.

It includes: an application for registration (officially - an arrival sheet); certificate of ownership of the house or it;

Features of registration at the dacha: legislative norms, requirements, registration procedure

These changes are directly related to dacha residential buildings. Registration in dacha buildings permitted by law has led to the emergence of respectable villas on SNT sites, which were previously erected in the territories (individual residential construction) and were more expensive. Experts say that registration at dachas will have an impact on the real estate market.

Many people want to solve their current housing problem by registering in a dacha.

The main condition for this is to assign the dacha the status of a residential building, for which the object must comply with current standards and requirements:

the plot of land with the house is intended for gardening and is not located in environmental areas;
a strong separate building up to 3 floors high, used by one family;
the owner does not have a residence permit in another place;
the land plot and building are registered as property;

What types of land are there?

Individual housing construction – individual housing construction. Plots of this category make it possible to successfully build houses with a height of no more than three floors. Among other restrictions, it should be noted that only one building can be erected. When purchasing a plot of individual housing construction, you need to take into account certain requirements of the legislation of the Russian Federation:

– construction of a house no later than 3 years from the date of the registration procedure;

– the construction project is carried out by specialists with the necessary qualifications and licenses;

– the project has been agreed upon with regulatory government services.

Subject to compliance with the law, it is possible to obtain permanent registration. However, registration on a land plot of individual housing construction without a house turns out to be a serious problem, since it is necessary to register the ownership of a new building, which fully complies with the current SNiP requirements.

Private household plot - management of personal subsidiary plots. This category of land plots is divided into 2 types:

– Household land located on the territory of populated areas. There is the possibility of building a house and other outbuildings.

- Field land. This territory is always located outside the city. The main purpose is agricultural activity. It is forbidden to build a residential building or other buildings on field land.

Resolution on assigning a postal address

Before registering, a citizen should check whether he has a residence permit in Russia. If there is one, you should stop its action as quickly as possible. This can also be done while receiving a new registration. It is enough to fill out the departure form according to form No. 7.

An important nuance is that staying on the territory of the Russian Federation without registration is possible only for 7 days. Therefore, you should make sure in advance that the house is ready by the time the registration is removed. When registering, it is enough to fill out an arrival slip using Form No. 2.

After receiving the documents, employees of the Main Migration Department of the Ministry of Internal Affairs register the person at the new address specified in the application within three days.

This period can be extended to 8 days, but only in extreme cases. For example, when the recognition of a house as residential raises doubts among the authority’s employees.

It is also worth noting that a citizen’s passport may be confiscated for a short period of time. The document will be required in order to mark the new registration in a private house. Also, if necessary, a stamp will be placed on the termination of registration at the old address.

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the foundation and all supporting structures of the house must be in good condition, that is, without any damage or destruction;
the presence in the house of communication systems that fully comply with sanitary and epidemiological safety standards (cold and hot water supply, electric lighting, heating, drainage, ventilation);
compliance of insolation (that is, how many hours during the day the sun shines through the windows of the house, if any) with sanitary standards;
the presence in the house of thermal insulation of external walls, capable of ensuring in the winter season the temperature in rooms and other heated rooms is not less than 18 degrees Celsius and the relative humidity is not more than 60 percent;
the presence of technical devices and structural means to protect a residential building from the penetration of ground, melt and rain water.

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Theoretically, it is possible to achieve the transfer of agricultural land to residential land. However, such a decision is made at the level of the head of a subject of the Russian Federation at the request of the head of administration of a particular region. This will take quite a lot of time. In addition, even if the head of the administration agrees to submit a corresponding petition, there is no guarantee that the corresponding decision will be made.

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Is it possible to register on a plot without a house?

Some owners, concerned about personal property issues, are ready to contact the FMS at the design stage to resolve the issue related to registration.

The registration procedure becomes possible if the following conditions are met:

The village in which the residential building is located must be located on the territory of a populated area. After a legal battle with the FMS, you can even register on an agricultural plot.
Is there a floor plan for housing from the BTI? This document is mandatory for a successful resolution of the existing issue.
The house must have an official postal address, which is issued only to those buildings that are located on the territory of the populated area. It will not be possible to obtain a postal address for agricultural land, so registration is impossible.
In a plot without a house, registration becomes impossible. The only exception is that the land is not classified as agricultural property.

In most cases, individual housing construction lands are used for SNT, DNP, therefore registration becomes prohibited.

The decision may be subject to change based on the following aspects:

Proof that the home is a single place of residence.
The property is capital and ideal for year-round living.

To successfully resolve existing issues and facilitate the implementation of tasks regarding legal residence, care should be taken to carry out permitted housing construction, since otherwise the services will still refuse to obtain registration due to non-compliance with the legislation of the Russian Federation.

Registration at the individual housing construction site

Located in populated areas.

It is allowed to build a house and other outbuildings on it.

Field land. It is located outside the settlement (city) limits. The main purpose is to conduct agricultural activities, that is, building houses and other buildings on it is strictly prohibited. The advantages of land plots for individual housing construction are as follows:

very profitable in terms of real estate outside the city; each of the owners of residential buildings has a legitimate right to use the property deduction; By registering a plot of land as a property, the owner receives ready-made technical conditions for further development and installation of engineering infrastructures.

The disadvantages of land plots for individual housing construction are:

development of the land should begin no later than three years from the time of ownership, otherwise the land plot will be seized in accordance with the current law; if construction of a house has begun, but has not been completed and put into operation within 10 years from the date of obtaining ownership rights, the land duty will be doubled.

Subtleties of land registration

The category can be represented by agricultural lands, lands of settlements, industrial lands, specially protected areas and objects, forest and water resources and reserves. Moreover, within the framework of this article we are interested in the first two points.

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Each category, in turn, is divided into types of permitted use: “agricultural land” is intended for dacha farming, personal subsidiary farming, gardening, farming, but the lands of settlements can have the status of DNP, individual housing construction or small housing construction.

and accepted for operation, the land duty will be doubled. When buying a land plot of this category, the question naturally arises: is it possible to register in an individual housing construction without a house?

You can buy it without any problems, but as for registration, this is far from easy.

so that the site is classified as agricultural land, the type of approved use for dacha development

Grounds and conditions for registration at the dacha from January 2019

In some cases, according to Federal Law 217, registration at a dacha from January 1, 2020 will be categorically rejected. This cannot be avoided if:

There is no building on the ground. You cannot register in an empty lot.
The house does not meet the requirements. Buildings no higher than three floors are allowed. The building should not be divided into separate apartments.
The site does not have a physical address. If a house does not legally exist, it cannot be assigned the status of individual housing construction.

The law on registration in SNT since 2020 allows you to go through the registration procedure at a dacha only if the building is the only place of residence. If the owner owns several residential properties, he will be denied registration on the territory of the gardening partnership.

The registration procedure at the dacha takes no more than a week, while collecting all the necessary documents can take from one to three months

How to save from 5,000 to 15,000 rubles on paperwork when buying/selling real estate?

Find out more about whether you can register with SNT in your case from the specialists of the Colosseum Academy of Sciences. Call us, we will help you understand all the details of registration at your dacha!

How to register on an individual housing construction site

At the same time, it does not take into account the fact that about 80% of the total number of settlements are located precisely on lands intended for agricultural purposes. Registration is prohibited on such lands. Many individual housing construction lands are developed in minimal quantities, most often the plots are used to create SNT or private subsidiary plots.

At the same time, registration on a private plot of land without a house is also not allowed by law. In order for registration to become possible, it is necessary: Provide confirmation that the constructed structure is the only place of residence; The constructed house must be recognized as permanent and must be suitable for year-round living in it; The building must have access roads along which cars can pass at any time; In other words, assignment to the house an address does not mean that it will be possible to register there without any problems.

Is it possible to build a house and register on a summer cottage?

Is it possible to construct a building on a plot of land with the intended purpose of “dacha construction” and design it as a residential building? This is the question asked by both those who are going to build and those who intend to buy country houses. After all, a significant part of the current cottage development is being built on the sites of dacha cooperatives. This situation is what visitors to the LIGABusinessInform forum ask for clarification.

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It is possible to determine what type of real estate we are talking about based on SNiP 2.08.01-89 “Residential buildings”. The need to distinguish between residential buildings and dachas arises from the fact that the latter cannot be a place of permanent residence. In any case, this is what is written in the Housing Code. Consequently, problems may arise with registering your place of residence if this house is your only home. This means that there may be difficulties with the tax office, social insurance authorities and many other bodies and organizations.

How to register in a garden house

It is important to know that for a positive response from the Department of Architecture and Urban Planning, the boundaries of the land plot must be determined in accordance with the Law, that is, the land plot must have a cadastral passport of the land plot with sheets B1, B2, B3. A residential building must be registered in the cadastral register using a technical passport. As soon as the cadastral passport with the house number entered in it is ready, it is necessary to make changes to the Certificate of State Registration of Ownership of a Residential House by entering the house number.