Registration of ownership of an unfinished object. How to decorate an unfinished country house?

What is a work in progress?

What kind of building is considered unfinished{q}
In the legislative framework of the Russian Federation, it is difficult to find a single definition of such a term as “unfinished construction”. Nevertheless, in the practice of lawyers, an opinion has already been established about which buildings can be classified as unfinished. The definition, although not entirely clear, follows from the articles of the Civil Code of the Russian Federation and the Town Planning Code of the Russian Federation.

A building that has the following characteristics is considered unfinished:

The object is not temporary, but capital in nature. In other words, the building has a foundation, so stationary stalls and kiosks are automatically excluded from the list of unfinished items.
The building is not yet finished; work is underway on it. In this case, the construction stage is not taken into account; this could be the construction of the foundation, wall blocks, or the finishing touches to the interior decoration of the premises.
Construction is frozen until a certain or unspecified date due to lack of financial resources.

https://www.youtube.com/watch{q}v=LhEjX6aypMk

Summarizing the above characteristics, we conclude: an object that is unfinished as a result of construction is a building whose installation and finishing have not been completed. However, this unfinished object has the most important thing - a foundation.

What has changed since March 1, 2020 when registering a house on a summer cottage

a mandatory requirement confirming the legality of the construction of houses and other buildings is notification to the local administration;
notifications must be submitted at the start of construction work, as well as after actual construction;
when submitting a notification upon completion of construction, you must confirm the mandatory technical requirements for the characteristics of the house (maximum number of floors and height, area, other parameters);
After submitting notifications and checking compliance with requirements, the local administration itself must send documents to Rosreestr for property registration.

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At this stage, it is difficult to obtain a refusal of a notification, since officials cannot require the presentation of project documentation, an agreement with the contractor and other additional documents. Only the category and intended purpose of the site and the general parameters of the future home will be checked .

Where to start{q}

Object type

Depending on what the owner plans to build on his site, the procedure and package of documents will differ. Country house, garage, cottage - each object has its own criteria in accordance with the Land Code of the Russian Federation.

Collection of documents

Without documents, it is impossible to obtain a certificate of registration of ownership. According to the law, registration operations can be undertaken by an official representative of a citizen, who must have a power of attorney certified by a notary disclosing his powers.

Before registering ownership of a house, you must contact the town planning committee. The organization issues owners of land plots on which construction will soon be organized a certificate with the layout of all real estate objects. This needs to be done both for non-residential buildings and for private cottages, for example, a country house in a village.

After drawing up the urban planning plan, in order to properly register the house as a property, you need to obtain a diagram of the construction site. The property owner can draw up the document independently, but it is recommended to seek help from specialized companies.

The document includes a geographical description of the area and the planned construction site, taking into account engineering features.

Home maintenance

When construction is completed, the property is put into operation. To do this, you need to contact the Bureau of Technical Inventory (BTI). The condition does not apply to facilities built before January 1, 2020, when the dacha amnesty was in effect in the Russian Federation, and no permission to operate was required.

When contacting the BTI, the owner will be issued a technical passport after inspection by a cadastral engineer. Next, the property will be assigned a postal address and a cadastral passport will be issued.

Having the relevant documents in hand, the owner can register ownership of the residential building (or other real estate) that is planned to be built with Rosreestr.

An extract from the Unified State Register of Real Estate is issued within 14 days after the package of documents is submitted to the owner of the land plot or his legal representative. The document gives the citizen the right to dispose of a future home on the real estate market.

- project,

- technical certificate,

— developer’s passport with a package of various permits and approvals,

— technical specifications for engineering and technical support,

- documents for the land plot.

More details about the full list of documents can be found in the article “Registration of a private residential building”.

If there is no technical passport, you will have to order it, or make a statement of technical characteristics, then go through the procedure of signing the commissioning act, independently catching representatives of various organizations. This procedure is not easy, but the house will not be accepted into operation without a signed document.

Dacha amnesty extended for 2020-2020

So, what documents are required to register an individual housing construction project as a property under the “simplified system” in 2020? From Article 16 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” the following provisions can be highlighted:

If you need to register ownership of a building that is not a residential building (for example, a country house or barn), instead of a cadastral passport, you are provided with a declaration for the building, which you fill out yourself. Its sample can be downloaded from the Rosreestr website.

Ownership of unfinished construction

In the recent past, unfinished buildings could not be classified as real estate. Russian laws did not allow this. It was believed that the object had not acquired a finished appearance, which means that it was nothing less than just the sum of building materials and human labor spent on the work.

The situation changed with the introduction of amendments to the Civil Code. More specifically, new amendments have appeared to Article 130, which states that any building that, as a result of certain circumstances, remains unfinished due to the suspension of construction is real estate, which means you can register it as your own property.

The owner of the building, who has become the owner by registering it with the relevant government agencies, can perform the following operations:

sell;
give;
pass on as an inheritance;
exchange;
pledge against cash.

Perhaps the main condition for successfully registering the right to an unfinished building is the presence of two most important documents - the right to own the land territory on which the building is located, as well as permission to carry out construction and installation work. Plus, before you begin the registration procedure, you must:

Have a contract in hand with a construction and installation company.
Visit the Cadastral Chamber and register the unfinished building.
Complete a technical inventory of the facility in accordance with all rules.
Take the collected package of documents to the authorities responsible for registering real estate construction projects.

There is one more change regarding the rules for registering unfinished and long-term construction. Previously, the owner could register ownership of such an object only if he intended to carry out some transactions with it (sale, exchange, etc.). Now this condition has been removed from the list of mandatory ones. Thus, ownership can be claimed even if the owner does not intend to complete the transaction.

Buying an unfinished house: what to look for?

Because of this, various disputes and violations often arose on the part of land owners and their developers.

If the house was destroyed as a result of an emergency, the owner has the right to receive compensation.

However, often such wording can violate the interests of either party to the transaction. For example, if a plot of land with an unregistered unfinished house is leased or provided as collateral with such wording, then in the event of damage to the unfinished object it will be impossible to count on compensation or damages.

We remind you: you can sell the unfinished property simply as a plot of land. Then you will have to fill out less paperwork, but in case of disputes with the buyer, problems will arise.

If the transaction takes place with a land plot on which there is an unregistered “unfinished construction”, it will not be possible to indicate such an object in the contract, i.e. the contract will have to stipulate, for example, that the subject of the contract is a land plot on which there are no buildings.

Any unfinished building is real estate. It can be registered as a property. The owner of an unfinished house can donate it, mortgage it, exchange it or donate it, as well as leave it as an inheritance.

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The object is of a capital nature, not temporary. That is, the construction of a building takes place on a foundation.

To register the right to an unfinished residential building on land for individual housing construction or personal subsidiary plots, a construction permit is required; on land for summer cottage construction or gardening, such permission is not required.

The property under construction that you are claiming must be considered real estate. The law interprets this concept as an object associated with land that cannot be moved to another location without affecting its purpose. In addition, the main stages of its construction should already be completed.

Registration of rights to a built house

From January 1, 2020, it is mandatory to register real estate with the cadastral register (with the exception of dachas and garden houses). Only after this can you initiate registration of ownership rights to the built private house. For this you will need:

registration application;
identification documents of the applicant;
title documents for land;
papers indicating the fact of construction of a house (including permission to carry it out), containing a detailed description of the object;
cadastral passport;
receipt of payment of state duty.

Registration of residential buildings on the lands of garden and dacha farms is carried out according to a simplified system, valid until 03/01/2018. To complete the procedure, it is enough to prepare an application, an identity card, title papers for the plot, a declaration on the property, and a receipt for payment of the state duty.

Registration of ownership of a constructed house is allowed within 6 months from the date of construction. Step-by-step instructions consist of the following steps:

Contact the Bureau of Technical Inventory. Issuing a passport to your home. If the building is located on a garden plot (or on a SNT plot), a cadastral passport is required.
Registration of the declaration. This is a document that includes the geography of buildings on the site. According to the declaration, dacha buildings are registered.
Obtaining permission to build a property. Relevant for buildings built in 2020 (and earlier) with an individual design solution.
Contact Rosreestr. To register ownership of a built house, you need to submit all documents to the government agency and wait for the commission’s decision.
Obtaining a certificate.

How to register a house on a plot, the dacha amnesty has been extended

According to the law, “sabotage” is considered to be a construction carried out by a citizen secretly . Without notifying the relevant authorities and obtaining permission. Legal relations are regulated by Federal Law-258, which reflects the procedure for legitimizing such buildings and the obligations of the owners.

People who did not manage to register a new summer cottage earlier will now have to notify the local administration. Moreover, to report the appearance of a house or major changes to an existing structure. For example, those who decide to add a second floor or increase the number of rooms.

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Sale of unfinished construction

In the real estate market, the sale of an unfinished building is not uncommon. Often the owner decides to make such a deal after assessing his capabilities. If there is not enough finance to complete the construction work, and the unfinished work is a heavy burden on the owner’s shoulders and brings only losses, selling is a good way out. If the conditions for concluding a legal transaction are met, the developer can find a new owner for the property.

When preparing to carry out a transaction, it is necessary not to lose sight of some nuances:

An unfinished building is an immovable object and is subject to the same legal regime as completed buildings.
A written purchase and sale agreement will need to be concluded.
To transfer an object to a buyer, it is necessary to undergo state registration.
The process of obtaining personal income tax from the sale of unfinished property is complicated by the fact that most often it is owned for less than three years.
Selling an object involves selling the land on which it is located.

Sale of an unfinished building on the real estate market

From the last point follows the main difficulty that the owner of an unfinished property has to deal with: being the owner of both the site and the building standing on it, he cannot sell them to different buyers. The legislation establishes a mandatory requirement: the land and the unfinished object must be transferred to one owner at the same time. At the same time, the number of concluded contracts does not play a significant role. To secure a deal, you can draw up one document, or two.

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In order to draw up a purchase and sale agreement and transfer a land plot with an unfinished construction project, you must have:

land cadastral passport;
title document for the site and unfinished work;
permission to erect a building;
design documentation, estimates;
extract from the Unified State Register.

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

Let us remind you that only owners of dacha plots of land can use the simplified registration mechanism, provided they have privatization documents or are in ownership of these plots. A simplified registration procedure is available for the following capital construction projects in garden partnerships:

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.

Registration of a land plot if the house is owned

When registering rights to a house, the plot must also be registered in the name of the owner. Otherwise, the owner will not be able to dispose of the property. You can register ownership of the land if the built house is already owned within 30 days.

Obtaining rights to a plot with a house includes:

surveying the territory;
visit to the Administration to mark the boundaries of the plot;
an extract from the Cadastral Chamber highlighting the owner’s territory;
cadastral plan;
appeal to Rosreestr.

It is possible to register the land under a house as the property of two owners only if each owner applies. In this case, everyone is entitled to a territory depending on the share of the house (for example, 1/2 of the plot, if the property is shared by two owners).

If disputes arise regarding shared ownership, the issue is resolved in court. The court also considers other conflict situations (for example, if a house is built closer than 3 meters to the neighbors’ fence), when issuing certificates for two houses on the site: the old and the new.

How to Register an Unfinished House as Ownership 2020

Home owners are in for some good news: the time frame for registering and registering a property has been reduced since last year. Before this, they were calculated at 10 days and, accordingly, 12 days if the applicant used the services of the MFC. Now, if you apply in person, the registration procedure takes 7 days, and registration takes 5 days. Combining these actions will take 10 days.

If the owners want to complete construction of the facility, but they do not have a construction permit or the deadline has expired due to which the permit has become irrelevant, then some changes will have to be made to the inventory file.

Transfer of unfinished construction

At the time of completion of all work, any building is transferred from the contractor to the customer. Before this, control examinations of all characteristics of the object are carried out: the acceptance committee determines how consistent it is with technical regulations and standards, and the supervisory authorities give their conclusion.

An unfinished object can be transferred before completion:

When changing contractor. The object is transferred from the construction company that carried out the unfinished work to another contractor. To do this, the customer is notified and an additional contract is drawn up.
When selling an object and changing ownership. During the transaction, the parties draw up a transfer deed, which is attached to the purchase and sale agreement. The content of such a document is usually the same: the buyer is familiar with the current condition of the property and has no objections. This is done in order to prevent disputes arising over the incompleteness of the object.
In case of bankruptcy of the developer. For the most part, such cases arise in the field of shared housing construction. The developer, who has declared his insolvency, transfers the rights to the object and the land plot to the housing construction cooperative. Such an institution is created by the shareholders themselves.

In each case, it is important that the unfinished building is listed in the Unified State Register of Rights. Only if this prerequisite is met will the object be transferred.

Registration of work in progress

https://www.youtube.com/watch{q}v=avWvtGetV6w

Unfinished property, like any real estate, is subject to taxation. With the registration of an object, the owner acquires not only rights (to make transactions - sell, transfer, donate an object), but also responsibilities. The main one is the obligation to pay property tax. Of course, few people like this prospect, so owners of unfinished property are in no hurry to register the property, postponing this moment as long as possible.

For your information, the application of taxation in relation to unfinished construction projects has its own characteristics. They are determined by the authorities of the regions of the Russian Federation, which establish the tax base, rates and the list of persons who can count on benefits. The Federal Tax Service determines the amount of tax and notifies the taxpayer about this by sending him payment documents.

Property tax on an unfinished project for individuals. The tax base is calculated on the basis of the cadastral value of the property at the beginning of the year minus deductions (clauses 3-6 of Article 403 of the Tax Code of the Russian Federation). During the transition period, which operates on the territory of all constituent entities of the Russian Federation, the cadastral or inventory value serves as the basis. The tax rate when calculating from the cadastral value is set based on the purpose and price of the object (0.1% - for housing, 2% - for administrative, commercial and high-value objects (more than 300 million rubles), 0.5% - for others). If we are based on the inventory value, then the tax rate is affected only by the cost of construction (0.1% - up to 300 thousand rubles, 0.1-0.3% - 300-500 thousand rubles, 0.3-2% - from 500 thousand rubles).
Property tax on an unfinished project for legal entities. A legal entity can avoid taxation of its unfinished facility, but only until it is ready for commissioning. The legal entity itself decides how ready the building is for this, but it will not be possible to delay this moment for long. If the developer does not invest in completing the project, the tax inspectorate can seek taxation of the unfinished property through the court.

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Based on the above, it is easy to guess that developers are not eager to register the property in order to avoid unnecessary costs in the form of property taxes. The logic is simple: there is no right to build, which means there is no building itself and there is no need to report to the state. In many regions of the Russian Federation, owners of unfinished construction do not register buildings at all and take this step only after the tax inspectorate has identified a violation.

It is worth knowing that in some cases you cannot do without registration. For example, large families who have received a plot of land from the state must register the property in progress within three years. Otherwise, there is a risk of losing the allocated land.

Buildings on which construction work has not yet been completed represent a special type of real estate. In many respects, the same regime is applied to them as to completed capital buildings. However, it cannot do without distinctive nuances that arise due to the specifics of the unfinished status. They must be taken into account when registering rights to unfinished objects and executing transactions with them.

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Preparation of design documentation for the construction of a house

The development of the residential zone of low-rise construction is carried out in strict accordance with the approved master plan.

When receiving an extract from this document, it is necessary to check the possibility of allocating these lands for the construction of infrastructure: roads or other facilities, for example, a school or kindergarten. In this case, the purchase of a plot of land should ensure that public interests take precedence over private ones.

Design is carried out by specialized architectural bureaus - members of the relevant SRO.

Before concluding an agreement with an organization to perform this type of work, you should make sure that it has permission.

The residential building project consists of the following sections:

Explanatory note with a detailed description of the house.
A set of drawings of the facade and other sides of the building, floors and original parts, rafter system and roof, foundations and floors.
Sections and sections of supporting elements and parts under load.
Floor plans with explanations.
Drawings and diagrams of electricity and gas supply systems, as well as utility networks.

Architectural bureaus offer ready-made standard and individual designs of residential buildings. In the first case, the documentation is finalized taking into account the characteristics of the land plot: configuration, topography and geological structure.

Preparing a standard project will take less time than an individual one and will cost much less.

Design documentation is part of a package called a construction passport. In addition to those mentioned above, it includes the following papers:

Permission for the construction of a residential property, issued in the form of a resolution of the district or city administration.
Certificate of ownership of land allocated for construction.
Excerpt from the General Plan as it relates to this site.
Schemes for connecting the building to utility networks and technical specifications for performing these actions.
The act of establishing the boundaries of a land plot indicating the red lines of the building axes.

The last document in the list is drawn up by a specialized geodetic organization. Its employees actually link the designed residential building to the area, which will help avoid mistakes with incorrect placement of buildings on the site.

If a dwelling is being built in a cottage community, then the project must be agreed upon with the owners of the plots on the left and right.

What documents are required{q}

To register ownership you must provide:

owner's passport;
title certificates;
building permit;
certificate from Rosreestr on the appointment of the owner;
technical and cadastral passports;
construction plan;
check for payment of state duty.

Dacha amnesty extended until 2020: how to register a house in SNT

notification of completion of construction;
technical plan of the individual housing construction project;
in case of shared ownership of a plot of land, it is required to submit an agreement on determining the shares in the built house;
payment document confirming payment of state duties.

Case from life : When registering a house and plot according to a simplified scheme, the question arose, “Have cadastral numbers been assigned?” At the gardening partnership, the lawyer said no. It’s good that they suggested checking at the MFC. The operator reassured that she had to stand, since since 2013-2014 all gardening partnerships have been obliged to transfer cadastral information to Rosreestr. To be sure, I made a request for information on real estate objects. Having paid 800 rubles, the answer came on the same day by email and turned out to be positive, the house and land are registered in the cadastral register. Thus, she saved herself from providing services of calling surveyors and employees from BTI.

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Is it possible to build a house without the appropriate permit?

it will be impossible to register the house with the BTI;
It will not be possible to obtain a property certificate, so for this you will have to go to court, but such cases may not always be successful;
you will have to incur additional costs for registration, and often the process can drag on for a long time;
unauthorized construction of a structure leads to the need to pay significant fines;
Improper construction of a house can lead to the fact that it will be dangerous for living, therefore it can lead to the death of people or cause significant harm to them or their property;
If an illegal structure is dangerous to life, then a court decision may order forced demolition, and the violator will have to bear the costs.

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Many people prefer to live in private houses instead of stuffy and small apartments. Often they themselves are engaged in the construction of such a facility. To do this, you first need to select a suitable plot of land that has the appropriate purpose, purchase a design for the future structure, and also obtain a building permit.

What is unfinished construction?

In the regulations of the Russian Federation, unfinished construction is defined as the construction of a residential building that cannot be put into operation.
In this situation, it does not matter at what stage the construction process was interrupted. An almost completely constructed house (for example, without connected communications) and a freeze in construction at the initial stage (for example, after the installation of the foundation is completed) are recognized as unfinished. In this case, the constructed facility must meet the following criteria:

An inextricable connection with the earth, that is, the mandatory presence of a foundation. Thus, kiosks, stalls and other temporary buildings are not considered unfinished objects.
The house does not have to be ready for residents to move in.

Another mandatory requirement is that the owner of the unfinished property has the right to the land. Without title documents, an unfinished building will not be registered

What a developer needs to know: basic principles

Any object identified as real estate must be registered by law with the state. registry This right applies not only to already completed construction projects, but also to unfinished construction projects. Such objects are subject to registration according to the general procedure.

The basis for this conclusion is the Civil Code of the Russian Federation, in particular Article 130. Based on this norm, any property that is interconnected with a land plot without the possibility of its separate consideration is real estate.

How close should the relationship between the object and the land plot be?

Real estate is an object that cannot be separated from the land on which it is located without causing disproportionate damage to it. Such objects should include any structures, the basis for the construction of which is a capital foundation.

Data on the right is entered into a single database, provided that the legality of ownership of the land plot is confirmed and there is permission to carry out construction work.

At the same time, the grounds for owning land may differ: lease, right of inheritance, property, perpetual use. Also, the territory must belong to a separate territorial type.

Registration of unfinished objects is permitted only for private plots and individual housing construction. The first case involves the need to determine whether the land belongs to a populated area.

The second involves the possibility of carrying out construction work on the construction of a residential facility, as the name implies.

If a building is erected within the land plot, but in violation of its intended use, such construction will be recognized as unauthorized. In such circumstances, registration of ownership of an unauthorized object is not possible.

The procedure for registering a house on an individual housing construction plot: where to apply, what documents are needed

Next, you have to legally secure ownership of the new object, which is registered in the cadastral register. That is, begin the process of registering the house itself. More precisely, your rights to it. This procedure is carried out by a specialized state body - Rosreestr.

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Town planning regulations impose certain restrictions on the size of a house. Its height should not exceed 12 m, including the non-residential attic. Or, more understandably, 3 floors. The area of an individual residential building is limited to 1500 sq.m. Even the location of the house on the site is subject to certain rules.

State registration of a residential building on a land plot

The waiting period for the result in the standard case will be up to 14 days, and if the papers were submitted to the MFC - a little longer. Additional costs are also possible, for example, for the services of a representative under a power of attorney, if the applicant does not act independently. After submitting an application, a refusal may be issued, as a result of which the registration of an individual housing construction project will be suspended. If the applicant promptly eliminates all the reasons that impede the implementation of the procedure, then it is possible to re-apply for it.

The legislative system of the Russian Federation provides for the obligation to record the rights of owners in a special register. This allows you to track changes, provide information to the parties to the transaction about the presence of encumbrances or collateral, etc. For this, it is necessary to draw up an appropriate document on the existence of the owner’s rights. In order to understand how to register a house on a plot, it is necessary to carry out a certain sequence of steps.