Is it necessary to put into operation a house built on a summer cottage in a garden cooperative?

Registration of a house in a gardening partnership

The prepared documentation and application are submitted through the MFC, in person or by post. In return, when submitting to the MFC, you will receive from the operator a list of accepted documentation, the registration period and the date of issue of the statement completing the registration procedure.

• the owner’s rights to dispose of property in full, and this is sale, donation, inheritance, pledge, lease;
• marking the boundaries of a land plot in kind, reducing the risk of conflicts due to demarcation with neighbors;
• simplifying the connection of gas, electricity, heat and water supply networks.

Register ownership of a house in SNT, DNT in 2020

An attempt to register a built house without the necessary approvals can lead to negative consequences, including the recognition of the house as an unauthorized construction subject to demolition. Registration of a house as “residential” will be possible only if it meets the requirements of the standards for residential premises and the rules of development within the boundaries of the site, setbacks from neighboring boundaries, etc.

After March 1, 2020, the legislation establishes the principle of “first approval, then construction . Registration of already built houses has become problematic. It is impossible to put an old construction date on the house documents. If there is no plan for the development and land use of the territory, we believe that registration of the house will have to be done only through the court. Government authorities have not yet received orders on how ownership of houses will be registered after 03/01/2020 and whether there will be any “indulgences.” They did not receive them on individual housing construction lands.

Permission to build a house on a garden or dacha plot, SNT or individual housing construction

Today many people dream of settling into their own country house. However, to achieve such a dream you will have to work hard. It is necessary to prepare various documentation, purchase materials, find builders, and choose a location. You can’t build buildings in just any place you like. We will discuss in detail below what lands you can build a house on in the current 2020 (even without permission!).

On what lands is construction allowed?

Residential buildings with the ability to register in them without any problems are located only on plots of land in settlements. They are allowed to be used for individual construction (individual housing construction) and personal subsidiary plots (LPH). With agricultural lands, things are more complicated. When the land for private household plots is located outside the settlement, it is considered a field settlement and construction cannot be built on it.

If this deadline is missed, then the only way to achieve recognition of the house as a legal construction is in court. That is, it is necessary to prove that the object complies with urban planning standards, does not threaten the safety of citizens and is built on the legal land of the homeowner and, of course, the site is intended for the construction of housing. Then you can go to Rosreestr with the court decision.

Yes, you can. The law introduced a special transition period

.
Already during the construction process, construction activities can be coordinated. If the gardener began his construction before 08/04/2020, then he can submit a notification up to 03/01/2020
. And then it will not be taken into account that construction is already in full swing.

How to convert a garden house into a residential one

3. Fill out and send to the local administration a notice of completion of construction . It is sent no later than 1 month after the construction is ready

. It can be submitted in person to the municipality, through the MFC, by mail (registered with notification), through the State Services website.

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Until the end of 2020, houses on garden plots could be registered very simply: all that was needed was a title document for the land and an application. Since the beginning of 2020, Federal Law No. 218 “On Real Estate Registration” requires the mandatory presentation of a technical plan of the house.

You will be surprised, but the neighbor is not lying. Indeed, on the one hand, houses on garden plots now require notifications, just like individual housing construction. But at the same time, a clause has been added to the law on real estate registration that still allows you to register houses on garden plots as your own without obtaining a building permit or even sending a notice. But here a number of conditions are needed:

Why was the dacha amnesty extended again and what is its meaning now?

Owners of country plots have many questions about the dacha amnesty, which has been extended again: from August 2, 2020 to March 1, 2021. The new dacha amnesty is different from what it was before - this term combines a number of different laws. Yes, as before, it all comes down to the fact that registering real estate will be cheaper and easier, but everything is quite complicated, and most importantly, the amnesty has not been extended for everyone. We have prepared cards that explain the conditions of the 2020 dacha amnesty.

1. organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply
2. financing of complex cadastral works in relation to cadastral quarters, within the boundaries of which horticultural or vegetable farming areas are located
3. gratuitous acquisition into state ownership of a constituent entity of the Russian Federation or into municipal ownership of public property (roads, power grid facilities, water supply, communications and other objects) located within the boundaries of the territory of gardening or truck farming - in accordance with statements of the partnership or participants in common shared ownership of the property common use property
4. provision of priority state and municipal support to citizens entitled to extraordinary, priority or other preferential acquisition of garden plots

1. eliminating situations of “pulling” advantages in the use, for example, of a transformer booth owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships
2. establishment of legal relationships between partnerships for the use of engineering infrastructure and public areas
3. management of common property within the boundaries of the gardening or vegetable farming territory can be carried out by only one partnership

How to register your own country house in 2020 - step-by-step instructions

By the way, thanks to changes in the dacha amnesty program, it is now possible to complain against Rosreestr officials if a violation of the rights of the owner, both a land plot and any other real estate, is detected. Penalties apply to those officials who made errors in documentation, unreasonably refused to accept registration documents, missed deadlines established by law, and so on.

When registering a house under the dacha amnesty, provided that the cadastral registration of a specific real estate object occurs for the first time, on the basis of this application, registration and registration of the building are carried out simultaneously. The procedure takes no more than 10 days.

Registration of a country house

Speaking about registering a house, it should be noted that the procedure will be more complicated.

You need to spend some time and pay for the procedure, as well as perform a number of mandatory actions:

• preparation of papers. Here you will need not only a citizen’s passport and an application. It is necessary to justify the possibility of construction, that is, to present a permit for such, hand over the act of putting the house into operation, title papers, cadastral passport, technical plan and a receipt confirming the fact of payment of the state duty,
• sending papers for registration of a country house to the Rosreestr authorities. This can be done in person, through a representative, or by contacting the MFC,
• receiving an extract. The execution of this document occurs on the condition that the country house is located on the territory of SNT, the site is adjacent to lands intended for gardening, and no additional permission is required to operate the facility.

Payment of state duty

To enter information about a dacha plot of land and buildings erected on it into the state register, you need to pay a state fee of 350 rubles.

Certain details of the procedure and the possibility of registering ownership of a country house can also be clarified with the chairman of the partnership.

Watch the video. What kind of house can be registered on a dacha, garden, individual housing construction or private plot:

Registration of a house in the DNP

2. Instead of the Unified State Register of Real Estate Rights (USRE), the Unified State Register of Real Estate (USRN) has now been created. The new register contains information from the state real estate cadastre and data from the Unified State Register. The new extract contains information not only about the copyright holder, but also cadastral data, for example, data on the boundaries of the land plot.

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1. Cadastral registration and registration of rights have been combined into one database. Now, instead of a cadastral passport for a country house and a certificate, they began to issue a combined document - an extract from the Unified State Register of Real Estate. Let me remind you that even earlier we all received a certificate of ownership (on special forms) and, in addition to them, ordered a cadastral passport.

The procedure for registering a house in SNT in 2020

After the house is registered, the owner needs to take care of obtaining the address. To do this, he needs to contact the municipal authorities and provide a number of documents. These include the title papers for the property and the application. In a month, the municipality will issue a decision on assigning an address.

The state allows registration of a house on a plot of land using a simplified procedure. These changes in legislation have been in effect for more than 10 years (since 2006) and are called the “dacha amnesty.” The amnesty also includes real estate located on land provided for horticultural purposes.

Design features

The registration authority has the right to reject the application of the house owner to SNT for the following reasons:

• errors or corrections in documents;
• an incomplete package was provided;
• the house is rented or given for free use;
• the building is recognized as a cultural monument;
• the building is located in a park or conservation area.

A month is given to correct shortcomings in the documents. Once ownership is obtained, the property is assigned an address. To do this, the owner contacts the administration with a corresponding application and an extract from the Unified State Register.

Unfinished building

Construction can be continued only with appropriate permission from the administration. Upon completion of the work, you need to order a technical plan and submit it to the municipality along with a notification about the construction of the facility.

IMPORTANT! If a permanent building is completed without permission and is registered as a self-construction, the owner pays a fine of 2,000 rubles.

Country house

To register such an object, the owner must provide the necessary documents and a technical plan of the house. To register there, the status of the building must be changed.

Residential building in SNT

According to the law, in order to recognize a house in a garden partnership as residential, a special commission must issue a certificate. The basis for this is the structure’s compliance with GOST rules and SanPiN standards. These include:

• availability of communications;
• protection from precipitation;
• reliable foundation and partitions;
• equipped with heat and sound insulation;
• the presence of at least one room, kitchen and bathroom.

These requirements are specified in SNiP 02/31/2001 “Single-apartment residential houses”.

The cost of registering a house and land as a property

• 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).

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.

Price

The Tax Code provides for the payment of a state fee for registering property rights. The fee for registering ownership of a land plot is 350 rubles. Citizens are required to pay 2 thousand rubles to register their home with the state. Moreover, cadastral registration is free.

In addition, there is an additional cost for the production of a cadastral and technical plan. The work of cadastral engineers is paid on an individual basis and prices are regulated by the market. On average, in Moscow, drawing up a cadastral and technical plan for an object will cost about 30 thousand rubles.

How to properly register a house on a summer cottage

If the owner wants to register at the dacha, the house must be recognized as residential. To do this, it must meet all technical and construction requirements, and, first of all, be warm and suitable for living all year round. It may take 40 working days for a house to be recognized as residential. After this, the owner is issued an inspection report.

This makes it inconvenient to register houses under the dacha amnesty. Previously, it was possible to complete the procedure based on filing a declaration. In accordance with the new provisions, the procedure has become more complicated. Now registration is carried out on the basis of the cadastral plan. This provision does not apply to the site itself. It can be completed without calling surveyors or conducting land surveying.

Contents of Russian Federation Law No. 217-FZ

The State Duma adopted Law No. 217-FZ on July 29, 2020. In accordance with the provisions of this legislative act, the activities of gardening and vegetable gardens are regulated, and relations between citizens in this area are regulated.

Please note that the new law does not provide for the concept of a dacha. The provisions of the law provide for partnerships of citizens - gardeners and gardeners.

These are citizens' unions in the sphere of personal households. Legal relations arise if they cultivate the land on which the house is located. Features of registration in a house depend on what type of premises it is - a country house or a residential building.

Is it possible to register citizens in garden houses?

Registration in houses of this type is prohibited by law. Garden houses are not equipped for living throughout the year. According to their technical characteristics, they belong to seasonal buildings and are considered as part of personal land. Registration of these buildings is not provided.

If a citizen applies for registration in such a house, a government agency will legally refuse him registration.

Is registration provided in country houses?

Registration in such houses is permitted if the houses meet legal requirements. Is it possible to register? At the dacha site, when registering, please note:

• for the availability of communications necessary for life - water, electricity, heating, equipped sewerage;
• whether the houses are registered in accordance with the established procedure.

If the country house meets the above requirements, you can apply for registration on a permanent basis. There are no significant differences in registration by region of the country. Is regional registration possible in SNT? In the Moscow region, Sverdlovsk and other regions, there is no separate procedure. Registration is carried out on a general basis.

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What documents are needed for registration in SNT

The legislation provides a list of documents for registration of citizens. To register in a country house you must have:

• the house was built in accordance with technical requirements;
• availability of documents on ownership of such a house;
• confirmation that the home is located on lands where construction is permitted;
• a petition of the established form, which is submitted to local bodies of territorial departments on migration issues; they can be located in the premises where the regional passport offices used to be located.

Documents submitted with the application are: copies of a passport, certificates of personal ownership of real estate. Citizens do not always have the necessary documents, in particular legal documents. There is a procedure for registering real estate in accordance with the established procedure.

Conference on the topic: registration of houses before March 1

• According to the provisions of 217-FZ, the types of permitted use of land plots are: “for gardening” and “for dacha farming/construction”, etc. will be recognized as equivalent, and these land plots will be garden plots.
• Buildings located on garden plots of land, information about which was entered into the Unified State Register of Real Estate before the entry into force of this Federal Law with the designation “residential”, “residential building”, are recognized as residential buildings. In this case, replacement of previously issued documents or amendments to such documents, records of the Unified State Register of Real Estate regarding the names of the specified real estate objects is not required, but this replacement can be carried out at the request of their copyright holders*.

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The construction of capital construction projects on garden land plots is permitted only if such land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction.

Distance between buildings in SNT - building codes 2020

People who own a plot in SNT on the basis of a membership book are not endowed with such rights. The purpose of the land plot must be indicated on the papers, since the construction of residential buildings is permitted only in private household plots and individual housing construction.

Construction standards for garden plots in 2020 in SNT

SNT or a gardening non-profit partnership has rules and regulations for the development of a site and the location of objects for various purposes. SP 53.13330.2011 replaced the outdated SNiP 30-02-97 - all the main requirements and links to other regulations can be found in this document.

• agricultural lands;
• lands of populated areas;
• lands of defense, industry and other special significance;
• lands of specially protected objects and territories;
• forest fund lands;
• water fund lands;
• reserve lands.

How much does it cost to register a house on a plot in St.

The collected package of documents can also be submitted personally by the applicant, through a representative or through an electronic document management system. The procedure takes 30 days, and the applicant receives an extract from the Unified State Register, which confirms the establishment of ownership of the land.

When the man completed all the necessary steps and applied to Rosreestr to register the property, he was refused, since Ilya did not provide title documents for the land where the house is located, namely an extract from the Unified State Register and a certificate of state registration .

How many residential buildings can be registered on SNT lands

Now the legal regime of a garden plot provides for the possibility of erecting a residential building on such a plot, rather than a residential building. And accordingly, in the technical plan of a real estate object built on such a site, “residential building” should be indicated.

The house meets the definition of a residential premises; such recognition is usually obtained in court based on the findings of an expert construction commission. The main attention is paid to the strength of the foundation and supporting structures, the heating system and protection from the cold throughout the year, the presence of necessary communications in the garden or country house. If you have a legal basis (court decision) for registration in a country house, you will need to do the following: Apply visit the organization involved in registering and deregistering citizens and write an application, fill out the necessary papers Provide employees of the state organization with a package of documents for registration in SNT, the list changes depending on the situation, on who the owner or other person will be registered, etc. .

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How to register ownership of a house through the MFC

• application in the prescribed form;
• passport of the future owner;
• certificate of right to use a land plot or other title document;
• receipt of payment of state duty;
• technical plan of the building (the document is paid and ordered from a cadastral engineer).

• application in written form;
• passport and copy of the applicant’s passport;
• confirmation of ownership of the land plot (extract from the Unified State Register of Real Estate);
• building permit;
• technical plan (ordered from a cadastral engineer);
• design documentation for a residential building or declaration of a property;
• receipt of payment of state duty;

How to register with the Federal Migration Service

Having received the necessary permits, we submit an application to the FMS department, which stands for the Office of the Federal Migration Service. The authorities are located at the location of the property. At the department's office, FMS employees will give you a form, which we fill out with our own hands. In addition we provide:

• photocopies of passport;
• permitting documents - court or administration decisions;
• evidence of ownership of the house as private property;
• house book.

Registration of a house in SNT

The law on dacha amnesty was introduced back in 2006. During this time, its validity was extended several times. In March 2020, the dacha amnesty was extended again, now until 2020. It is difficult to say whether there will be another extension of the validity of Federal Law No. 93. In addition, this year the simplified procedure has become more complicated, and there is a possibility that the procedure will become even more complicated in the future. Therefore, we recommend not to delay the registration of houses in SNT.

If you want to register a house in SNT as residential, you need to obtain a building permit. It also depends on the type of land category and the type of permitted use. When registering a non-residential building under the dacha amnesty, these documents will not be required. There are many subtleties in this situation that are best checked with specialists.

How to register at a dacha or SNT from 2020

There are no obstacles to registering at your place of residence. Moreover, even previous prohibitions are erased. That is, previously it was possible to move into summer cottages on a permanent basis only in a “residential building”, but not in a “residential building” (it is only for temporary stay, seasonal housing). Now there is no difference between a residential building and a residential building. All these dwellings are suitable for full registration.

Possible life situations

But in dacha societies it was possible to have a “residential house”. A permanent building was being erected; at the request of the summer resident, a municipal commission was created, which recognized the house as suitable for habitation. Further, such information was entered into the cadastre and Rosreestr. After which you can register in such a house, either temporarily or permanently. True, it was very rare to successfully pull off this business. Basically, the “registration” issue was resolved through the courts.

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While registration of auxiliary and outbuildings can be delayed, registration of a residential building is a mandatory procedure that cannot be avoided if you plan to permanently live in such a house.

There is a very important note for those planning construction in SNT. When constructing a garden house, it is necessary to comply with boundary distances and other urban planning requirements. After all, a building that violates the norms, even registered in Rosreestr, can still be declared a self-development. The administration has the right to demand the demolition of such a building in court.

Is it necessary to register a house on a garden plot?

On August 2, 2020, the law on the extension of the dacha amnesty No. 267-FZ came into force. This means that owners of garden plots, until March 1, 2021, can forget about receiving notification of compliance with acceptable parameters and other inconvenient issues regarding the coordination of the location of the facility with local authorities.

Since the beginning of 2020, Federal Law No. 217 of July 20, 2017 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” has come into force, which has made significant changes in the lives of summer residents.