Ownership of a garden plot by right of ownership does not give permission to erect buildings on the land. This is especially true for residential premises, since such a facility must comply with current building codes and relevant regulations.
Even if a person has built a home on his own land, he will need to register a house on a summer cottage according to the 2020 rules. Until this moment, the object will be considered a self-construction that is not owned by anyone. In our article you can find answers to all possible questions related to the procedure for registering a residential building on your own site.
How to properly register a house on a summer cottage
On the basis of title documents, technical and cadastral documentation is drawn up. Next, all that remains is to register ownership of the house.
Step-by-step instructions Confirming land ownership and preparing the necessary documents Confirming land ownership and preparing the necessary documents. This stage depends on whether the site is owned or not. In the first case, title and title documents will be required. In the second case, you need to proceed according to the above scheme: by applying to the board of SNT, and then to the municipal authorities to obtain ownership of the site. Registration of the house for cadastral registration. In this case, you will need to issue cadastral and technical passports. To obtain a technical passport, you need to contact the BTI, whose employees will take all the necessary measurements.
Extension to an apartment building
It's no secret that every owner of a small apartment wants to somehow increase its area. The solution may be the construction of an extension, non-capital or capital.
Important! You should always remember that in order to avoid financial sanctions, any construction must be properly legalized.
Non-permanent extensions have the following technical properties:
- Stairs up to 10 sq. m without installing a foundation;
- Collapsible terraces up to 30 sq.m. m;
- Canopies without changing the height of the wall of a residential building and more.
Capital extensions are equated to reconstruction, which changes the following technical properties of an apartment building:
- Wall height;
- Room area;
- Number of floors of the house;
- Construction;
- Use of the area under the extension (change of boundaries).
Registration of extensions
No special approval is required to carry out a non-permanent extension. Only after the installation is completed, you need to hand over the building to the council representatives and sign the acceptance certificate.
To construct a major extension, all owners of the premises and residents of the apartment building must agree.
This is followed by the development of the project and its coordination with the consumer and fire inspection. The next step is to obtain a conclusion on the absence of communication networks under the future extension and approval of the project by the town planning committee. And only now they are submitting an application to the local council for redevelopment.
After completion of the work, they sign the acceptance certificate for the completed redevelopment, and then submit an application to the BTI and register in the unified state register.
Failure to register or improperly register an extension equates it to unauthorized redevelopment and squatting of a plot of land; a fine is imposed on the owner with the condition of legalization or return to its original form.
writ of execution for demolishing an extension to a house
If the major extension has not been formalized and there is a need to sell the apartment, completing the transaction will be problematic: the new owners are unlikely to take on the costs and registration of the extension themselves.
How to register a country house as a property in 2020 through the MFC
Cost When submitting documents for registration of a dacha or garden plot, you must pay a state fee of 350 rubles. In addition, it will be necessary to pay for the services of a cadastral engineer to draw up a technical plan and cadastral passport.
The cost of cadastral engineer services may vary depending on the region. On average it is 8,000 rubles. Some features of the procedure The nuances of registration will depend on the type of object and its stage of construction.
Unfinished object If there is a property on a dacha or garden plot that is in an unfinished state, it can be registered in three ways:
- Obtain permits to build a house, and then register it as an ordinary object.
- Complete construction and register it as unauthorized development.
Home registration requirements
Advice from lawyers:
1. The house has been handed over, the acceptance certificate has not been signed. An agreement has been drawn up under the share participation agreement. Is it possible to assign claims without registering property?
1.1. Hello, Elena. Even if the house is built and handed over, until the transfer and acceptance certificate of the apartment is signed, it is possible to sell it only under an Assignment Agreement. Then, after concluding such an agreement, the assignee (buyer) will sign the transfer and acceptance certificate and submit documents for registration of ownership.
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2. This is a question when purchasing under an agreement for the assignment of rights of claim, in an apartment building under construction, if at the time of purchase I have a temporary registration, then I will not have problems with fines when registering property rights, I know that when purchasing a car they put a mark stating that the registration is temporary , and when purchasing real estate, the contract is also temporary and will need to be redone later.
2.1. Hello) You do not need to redo the real estate assignment agreement. The fact that the registration is temporary does not matter; after receiving the apartment, you will make a permanent registration in it.
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3. At the auction of seized property, a claim to an apartment in a house commissioned in 2020 was put up. Should the agreement with the winner be an assignment agreement? And will there be any problems later when registering property rights? Is such a sale even legal? Indeed, according to the law, the assignment of claims to an apartment is possible only before the act of acceptance of the transfer.
3.1. Hello) Yes, such a sale is possible. The bailiff must issue a decree to foreclose on the debtor's property right.
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3.2. Don't go where 99 out of 100 lawyers get burned by having a college degree. It is not so much knowledge of the law that is needed, but rather sufficient experience of working with the Federal Property Management Agency. Give complete information about the lot, send copies of documents to the site and they will tell you everything professionally. Don’t guess about assignment and other barely familiar nonsense.
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4. Is it legal for the head of the settlement to provide him with the documents of the State Certificate. Registration of ownership of a house and permission to build a house, in order to ensure control over the use of real estate and land. More details on Pravoved.ru: https://pravoved.ru/question/1699700/#ok
4.1. Upon his written request, you can provide him with copies of title documents.
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4.2. The head of the settlement is not authorized to demand that documents on ownership be provided to him. Moreover, such information is publicly available upon request.
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4.3. Elena, hello. The head of the settlement can obtain all the necessary information through an interdepartmental request from Rosreestr. The settlement administration has no right to demand that you provide any documents, except when you apply for a public service and the document is on the list determined by any regulatory legal act. And it’s so simple, no administration can demand documents from citizens for some kind of “checks.”
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5. In 2007, the ownership of the parking lot was registered, the purpose is non-residential premises, the boundaries are defined, the area is 18 sq.m. Basis: agreement of shared participation in the construction of a parking lot in a residential building with built-in and attached retail and office premises. Currently, the city administration requires registration of the land under the parking lot. Are the administration's demands legal?
5.1. Hello, Boris! Yes, such requirements are legal in view of the fact that the land plot must also be registered.
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6. We register the father-in-law in a home for the disabled, living in a private house. The house is shared equally with the grandson. They require a certificate of deregistration. Are their demands legitimate?
6.1. Yes, they are legal, since after he lives in a home for the disabled, he will be registered there. But at the same time, he loses his ownership right to his 1/2 share.
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7. I bought an apartment under the remote control, and in my hands there is an agreement for the assignment of rights of claim (cession). The house has not been completed yet. I want to sell the apartment to my mother by transfer of rights. In this case, will my mother be able to receive a tax deduction for the apartment in the future, after registering property rights? Or due to the fact that, mother is the closest relative, it will be impossible to do this?
7.1. The law does not contain a prohibition in this matter.
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8. There was an unfinished building (apartment building with non-residential premises). By a court decision, I was recognized as having the right to a share in this property (future office premises) - I have a certificate of registration of ownership. The house has been rented out, but the premises have not been handed over. Can I assign by assignment the right of claim to the developer for the transfer of premises? Andrey.
8.1. You can dispose of your share in property by selling, donating, or exchanging; You can assign the claim to collect interest for violation of delivery deadlines by concluding an assignment agreement.
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8.2. Yes, of course you can transfer this right by assignment.
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9. My wife and I, while legally married, bought a house with a share in a household. The purchase and sale agreement was issued in the name of the wife. When registering in this house, my wife was registered without delay as the owner, but I was not registered. They demanded the consent of all co-owners of the property, who are mostly absent from the site. I think this is an illegal requirement... Is it so? What to do? Valentin.
9.1. These requirements are legal when registering with the owner’s share. Let your wife register a portion of the share in your name through a deed of gift.
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10. I live in a cottage for two owners. Their parents had a daughter and they wanted to register her in their home accordingly (the owners), but on the passport they require my consent. I now work in Moscow and they live in Stavropol. I don’t plan to go home for at least half a year. Is it legal to require my written consent to register their child in their home?
10.1. If you are the second owner, then such demands are quite legal. In this case, you can send them a notarized consent for registration and this will be enough.
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11. I'm going to move to another region for about a year. I will live in an apartment in the Guest House, having concluded a contract with monthly payment. How can I properly register and which institution should I contact? And is the request of the owner of the Guest House for paid consent to my registration legal? Or is it enough to rent an apartment and apply for public services? Thank you. Michael.
11.1. In addition to the rental agreement, the consent of the owner of the guest house is required!
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12. I own half of a house with a separate entrance and communications in the Voronezh region. My husband and I would like to register temporarily, i.e. extend temporary registration, previously registered for 3 years. The passport office refused us, requiring the consent of the second owner. A certificate from the BTI stating that I have a separate home with a separate entrance and part of my house is located on a plot that belongs to me by right of ownership. Are the requirements of the passport office legal?
12.1. According to paragraph 41.4 of Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984: 40. To register at the place of residence, a citizen submits: 41.4. Written consent for the citizen to move in... all participants in shared ownership (if necessary). If your certificate indicates that you own a separate piece of real estate, then the consent of the owner of the other half is not required
.
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13. We have a private one-story house with a plot. When purchased in accordance with the requirements of the guardianship authorities, 1/2 of the share was transferred to the daughter. At this time, a contract of donation of their share from the daughter to the mother was submitted to the Registration Chamber, but the Registration Chamber refused registration citing the fact that, in accordance with Art. 42 FZ-218, the agreement must be drawn up by a notary. But the said article of the Federal Law says that this applies to many apartment buildings. Are the actions of the Registration Chamber legal?
13.1. Norm Art. 42 Federal Law of the Russian Federation-218 concerns not only apartment buildings. Transactions on alienation or mortgage agreements of shares in the right of common ownership of real estate
, including in the case of alienation or mortgage by all participants in shared ownership of their shares in one transaction, are subject to notarization
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14. R.Yu. Resolution 235-264 Yu/156. From 02/04/2019. A visit to the registration address is scheduled for 02/05/2019 in order to transfer documents for issuing a final demand in the amount of 48,930 rubles. The requirement is to be at home from 17:30 to 19:00 and to present documents proving your identity. Can they come?
14.1. Why not. Wait.
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15. In 1999, my mother-in-law sold a house in the village. A problem arose - the new owners, having lived in this house for almost 20 years, did not formalize either ownership rights or personal accounts. The purchase and sale agreement was lost due to limitation. How now to change the owner in the GAME registration. Because the mother-in-law is still listed as the owner of the house. How to formulate a claim in court?
15.1. The BTI must have a copy of the purchase and sale agreement. Try to find him there. If they don’t provide it, then at the request of the court you will demand it. Claim for recognition of the sale and purchase transaction as concluded.
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16. In the MFC, in order to register a country house, they require a certificate certified by the chairman of the council that the plot is located in this particular council, although the certificate of ownership of the land indicates (there are difficult relations with the chairman) how to circumvent this requirement. Thank you.
16.2. Good afternoon The MFC DOES NOT HAVE the right to demand any documents from you other than those you submitted. The MFC is simply obliged to accept documents from you and submit them for consideration to the appropriate institution, in this case - Rosreestr. And Rosreestr either registers your house or suspends it, indicating the reasons and inviting you to eliminate the reasons. You can challenge Rosreestr’s refusal to register in court. If you have any questions, you can call. Let's talk.
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17. I bought an apartment in November 2020 under an agreement for the assignment of claims and transfer of debt under an agreement for participation in shared construction, carried out by the state. registration of assignment. The house has not been completed yet, the house is due to be completed in March 2020, can I submit an income tax return for 2020?
17.1. When you sign the apartment acceptance certificate, then you will have the right to a property tax deduction. Letter of the Ministry of Finance of Russia dated February 19, 2016 N 03-04-05/9555.
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18. I bought an apartment in November 2020 under an agreement for the assignment of claims and transfer of debt under an agreement for participation in shared construction, carried out by the state. registration of assignment. The house has not been delivered yet, the house will be delivered in March 2020, can I return the payment for 2020?
18.1. You have actually formalized your participation in shared construction, that is, you have been given the right to register a completed construction project as your property after registering the object as completed, the question is, what do you want back? To refuse the contract for the assignment of claims, the reason is if the deadline for the delivery of the object is delayed, then in this case you have the right to demand compensation (penalty), but this is from the developer, if you were misled when registering the assignment, then you need very weighty arguments. Formulate a question regarding the rights that you think have been violated, then it will be possible to give a more complete consultation.
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19. I bought an apartment in November 2020 under an agreement for assignment of claims and transfer of debt under an agreement for participation in shared construction, carried out by the state. registration of assignment. The house has not been rented out yet, can I return the payment for 2020?
19.1. You will be able to receive a property tax deduction only after you have registered ownership of the apartment. Before this, you have no grounds for receiving a tax deduction.
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20. Documents confirming the applicant’s compliance with the established requirements for participation in the competition for the selection of a management company for the management of apartment buildings, what should be included in these documents? I am specifically interested in: documents on registration and registration with the tax service, as well as the charter of the organization itself.
20.1. In general, unless otherwise established by the competition rules:: Inventory for the application, the Application for participation in the competition itself, the Applicant's Questionnaire, Extract from the Unified State Register of Legal Entities, payment order for payment of the application security, copy of the LLC Charter, Copy of the license to carry out entrepreneurial activities for the management of apartment buildings houses, Letter of guarantee that the organization complies with the requirements of paragraph 15 of the Rules, a copy of the approved balance sheet for the last reporting period, a copy of the certificate of state registration of a legal entity, a copy of the certificate of registration with the tax authority at the location, copies of documents confirming Bank details.
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What requirements must be met in order to discharge minors from home without violating their legal rights.
I received a notice from the tax authorities demanding registration of my old, dilapidated country house on 6 acres of land (the site is registered).
I received compensation for maternity capital costs for a house built in St.
Is it legal for the FMS to require a certificate from the mother stating that the child is not registered at her place of registration?
I am considering the possibility of purchasing the right of claim to non-residential premises at a bankruptcy auction,
New neighbors arrived and demanded that the barn be moved; it stands half a meter from the boundary line.
I bought the house in 1989 along with the land! Rights to real estate that arose before 1998 are not subject to registration.
To draw up a contract for the sale and purchase of a share of a house, the notary requires the premises to be removed from the cadastral register,
Where is the registration of the assignment by the shareholder of the rights of claim to another person
Please advise who pays the state registration fee
I applied to the MFC to register a residential building by submitting an agreement on the transfer of a residential building into joint ownership (by wife and 3 children)
What is needed to register a country house as a property?
RosReestr or MFC, submitting the necessary documents. List of required documents In order to register a dacha plot, you will need to provide documents confirming ownership rights to RosReestr (or any MFC):
- Completed application form.
- Receipt of payment of the state duty (details can be written out at the organization’s information stand, or on the official website of RosReestr).
- A document defining the boundaries of the land plot on which the house is located.
- Applicant's passport.
- All necessary cadastral documents for land and house (and other buildings, if required by law).
- Certificate of ownership of the dacha plot.
The collection of documents can be carried out by the owner’s representative if a notarized power of attorney is issued for him.
Step-by-step instruction
To quickly arrange a garden house for your personal use, you should act in accordance with the current algorithm. Each step of the procedure is very important and has a separate meaning.
The main stages can be identified as follows:
- First, all necessary and mandatory documents for the facility are prepared. If necessary, cadastral engineers are involved and a geodetic survey is carried out.
- When all the documents have been received and the property itself has been registered with the cadastral register, you can pay the state fee and submit an application to Rosreestr.
- At the next stage, the application, together with a full package of mandatory documentation, is submitted to Rosreestr or the MFC.
- Within 10 days, the received documents are checked, and if there are no errors or inaccuracies, the object is entered into the official database, and the applicant receives an identification document.
As can be seen from the instructions provided, the procedure is quite simple if you correctly prepare the necessary documentation and take into account all possible nuances.
How to register a country house as your property in 2020
And here it is worth specifying that such a right is retained only in relation to a land plot under a set of conditions:
- formed from a site that was provided to the named non-profit association or other organization on the basis of which such an association was created and organized, before the entry into force of the Land Code of the Russian Federation;
- by decision of the general meeting of such an association, the plot is distributed to a citizen who wishes to register it as property;
- the site is in circulation, not localized in circulation, not reserved for state/municipal needs.
Citizens who delay registering property may find themselves in a situation where the plot is removed from circulation or is designated for use for state/municipal purposes.
How to register a house on a plot of land?
It may take 40 working days for a house to be recognized as residential. After this, the owner is issued an inspection report. Residential Registration of a residential building has its own nuance, regardless of where it is located, the building must be recognized as suitable for human habitation both in summer and winter.
For this purpose, an interdepartmental commission is invited to the site. She evaluates the building according to the following indicators:
- the house was built on land intended for individual housing construction, it has smooth walls and fences that meet all safety standards;
- there are communications or there is a possibility of them failing;
- the permissible level of noise and vibration inside the building.
A house will not be recognized as residential if it is deformed due to any reason, or the structure of the house is worn out to such an extent that there is a danger to the health or life of people.
Dacha amnesty at MFC
Why is this necessary? If the law does not require mandatory registration of a house on a garden plot, then why waste time and register ownership? If a citizen does not intend to make the garden house a permanent place of residence, then registration can be dispensed with. But there is also such a thing as temporary registration. It is no secret that many citizens not only use garden plots for periodic trips into nature, but live in their dachas for almost half of the year.
Info
And here it is worth considering two points. The first is that a person may need to contact government agencies for a certain service, which is provided at the place of registration. Having a temporary residence permit will allow you to contact the required authorities at your place of residence.
Another point concerns the legislative norm on the need for temporary registration at the place of stay for more than ninety days.
What does the law say?
At the legislative level, registration of a house on a summer cottage is not at all mandatory. However, if a country house is a permanent place of residence, you cannot do without registration. Another case when this is necessary is the transfer of rights to a house and land.
You will not be able to sell, gift or in any other way transfer to another person a plot with an unregistered building. It is impossible to even register an inheritance.
Since January 2020, Federal Law No. 218 “On State Registration of Real Estate” has come into force. This regulatory act contains information about the amended procedure for permanent buildings on agricultural land.
Why were adjustments needed? The fact is that previously registration was allowed on the basis of a declaration alone. In this document, you could indicate any data about the property at your discretion. Unscrupulous citizens indicated a smaller area of the property in the declaration in order to reduce the tax burden.
The introduced adjustments eliminated this deficiency. Now you need to draw up a technical plan, where all the values are entered by the cadastral engineer. In addition, a building permit may be required to design a residential building.
Registration of home ownership (private, residential, country house)
Until this point, it was possible to register a building on the basis of a single document. This was the declaration of the property.
But legislative amendments have expanded the list of required documentation. Now for registration you will need a technical plan developed by a cadastral engineer.
Important
Previously, the owner of a dacha only had to pay a state fee of three hundred and fifty rubles and fill out a declaration. Now, before registration, you will have to spend money on the services of a cadastral engineer.
The prepared documents are submitted to Rosreestr. After completing the necessary registration actions, the owner of the dacha property becomes the legal owner. But at the same time, the legislator does not oblige owners to formalize ownership of garden and country buildings. Owning real estate means having an officially confirmed right to it. As a rule, people are meticulous about home decoration.
Attention
But country houses remain unattended.
How to register a garden house in 2020? Many Russians have had country plots for several years and do not think much about the need for proper registration. Documentary support is usually remembered when conducting transactions with such real estate. And this is where the ordeal of the “unconfirmed owner” begins, since he has no idea where to start and where to turn. How to register a new house on a garden plot in 2018 or register ownership of a long-existing residential building? General points Since 2020, the procedure for registering ownership of country and garden houses has changed somewhat.
Agreement with investors
A document certifying the right of an individual investor to become the owner of an apartment is an investment agreement. Registration of ownership of an apartment building is carried out with their legal examination.
For an investment transaction to be legal, it must be concluded with a person authorized to attract investment from investors.
The developer, a legal entity, is required to present the charter and constituent documents of the enterprise, as well as the appropriate permit to conduct such activities.
An individual entrepreneur acting as a developer is also required to submit documents confirming his status. If investor investments are not attracted by the developer himself, it is necessary to submit agency agreements that allow the appropriate representative to do this.
The investment agreement must indicate the name of the object, its actual location, as well as the area of the occupied site and the composition of apartments, etc. This data should subsequently reflect the agreement on the assignment of property rights at the time of its conclusion.
