How to correctly register a country house and other buildings
The outbuildings on the territory should be registered as follows:
Prepare a declaration for construction
The form can be obtained from the administration or BTI. You will have to prepare the document yourself. It should reflect the following information:
- cadastral number of the plot;
- address;
- connection to engineering and technical networks;
- type of building;
- materials from which the walls of the building are made;
- square;
- year of construction.
Registration of ownership of a country house and land plot
The next stage is collecting documents for registering property. This stage is necessary if there is real estate on the site, for example, houses. The following documents should be provided:
- passport;
- receipt of payment of state duty;
- declaration of construction;
- title document for the allotment.
Submission of documents for state registration of an economic structure (house, bathhouse)
To comply with all the rules, you must visit the Federal Registration Service at the location of the site. The application form will be filled out at the Rosregistration office. A month later a certificate will be issued.
Features of assigning an address and registration
How to register at the dacha? To do this, of course, the house must be registered. Wherein:
- The land and buildings on the site must be personal property.
- The applicant must not have another place of registration.
- The object must be located on the territory of a populated area.
- The house must be suitable for off-season living.
- There must be a decision of the judicial authority on registration in the allocated territory.
To register at the dacha, the applicant must not have another place of registration
Country houses also have certain requirements. This must be an individual house, the height of which is no higher than three floors and inhabited by one family. To register there, you must comply with the following requirements:
- Conducting an independent examination to determine the possibility of living in the building. To do this, the foundation and walls must be without damage, the communications must meet established standards, the walls must be insulated and water protection installed;
- The land must be allocated for gardening;
- The location of the building on the lands of the settlement and the existence of the minimum necessary infrastructure;
- The house must be registered with Rosreestr;
To register with the Migration Service you will need to submit:
- Certificates for house and land;
- Technical documentation for objects;
- Payment documents;
- Power of attorney from a notary, if a representative is involved in the procedure.
Country houses are also subject to certain requirements
It is quite possible for a situation in which a refusal to register at the address where the dacha is located is received. In this case, all that remains is to apply to the judicial authorities to protect your rights. In this case, the procedure will be as follows:
- Preparation of a statement of claim and payment of state fees.
- Submitting it to the court at the location of the gardening territory.
- Consideration of the case and making a decision.
It should be noted that upon presentation of all documents clearly confirming the compliance of the building with sanitary, epidemiological and hygienic standards, as well as radiation control requirements, the house will be recognized as residential and the court will oblige the FMS to register a permanent place of residence in the country house.
How to position buildings correctly
Houses and other structures on the territory are located in accordance with SNiP 30-02-97. In this case, some rules must be observed:
- outbuildings must be erected at a distance of more than 5 meters from the street and travel line;
- If you have neighbors, you should choose lattice or mesh fences along the border of the land plot. Their height should reach 1.5 meters. Blind fences can be installed on the side of driveways and streets, but only if the other members of the gardening community agree;
- from the building where poultry and livestock are kept, the distance to the border of the neighbors’ property should be more than 4 meters, from other buildings - a meter. If the buildings are located a meter from the border of the site, the roof slope should be towards your site, and not towards your neighbors;
Important! There should be no drainage onto the neighbors' territory.
- Fire safety standards should also be taken into account. Within the boundaries of your site, the distance between buildings can be any. Nevertheless, there must be a distance between your buildings and the buildings of your neighbors: for wooden frame buildings - 10 meters, for stone ones - 6 meters, for buildings with wooden floors - 8 meters;
- It is worth considering sanitary standards. Let's consider the rules for a plot of 6-8 acres. So the distance between the house and buildings for keeping livestock and the latrine should be 12 meters or more, from the well to the composting device and the latrine - 8 meters, from the house to the bathhouse - also 8 meters.
Thus, the placement of buildings in the garden area must be carried out in accordance with the rules. Moreover, if you are going to officially register buildings, if you violate the above norms, you will be denied. You, as the violator, when the case is brought to court, will have to compensate for the damage caused to neighbors and other owners.
If you do not eliminate the violations in time, a bailiff and the relevant services will be called to rearrange the buildings. Naturally, all work will be performed at your expense.
Subtleties of registration of objects under amnesty in 2017
To register houses and buildings under the amnesty, summer residents will have to hurry. The terms of the offer are limited; if the objects are not completed in a timely manner, taxes on them will increase.
Let us remind you that the amnesty has been in effect since 2006. It makes it possible to fill out the declaration in a simplified manner. And it covers:
- Land plots used for vegetable gardening or gardening;
- Country houses, garden houses;
- Residential buildings on private plots allocated for individual construction;
- Non-permanent buildings;
- Gazebos, bathhouses, households. blocks;
- Garages.
Do I need to register them? Yes, you need to if you want them to be your property.
What is allowed to build on the site
The garden area involves the construction of outbuildings. At the same time, you cannot build up your plot with anything.
On a plot of 6 acres, it is allowed to erect a residential building or house, as well as buildings for various economic purposes, for example, buildings for keeping poultry or livestock. You may find the information in the article “Construction on your own site: a reminder for a summer resident” useful.
It is important to remember that all buildings should not occupy more than 30% of the total area of the plot. As a result, it turns out that on a plot of 6 acres it will not be possible to install a house with an area of more than 120 square meters.
Do not forget! The house located on the site must be registered. Only after this will it be assigned an inventory or cadastral number.
What objects need to be registered?
Only capital construction projects . Such objects must meet two basic requirements:
- they cannot be moved or rearranged without being destroyed;
- have a solid foundation (inextricably linked to the earth).
Residential buildings
There are many types of capital buildings. We are only interested in individual housing construction projects, namely a private residential building. The owner himself must register an individual residential building with the cadastral register.
The Town Planning Code of the Russian Federation gives the following definition:
an individual residential building is a separate building with a number of above-ground floors of no more than 3, a height of no more than 20 meters, which consists of rooms and auxiliary premises intended to satisfy citizens’ household and other needs related to their residence in such a building, and is not subject to division into independent real estate objects. The residential building is designed for a long service life and is intended for permanent residence.
Important! If the house does not comply with the above technical and urban planning standards, then it will not be possible to register it as “residential”. For example, it is no longer possible to register a building with 4 floors or higher in the cadastral register as an individual railway.
An individual residential building must be registered
Non-residential buildings
These include country and garden houses, garages and baths, as well as buildings for utility and auxiliary purposes. All of them are not “residential”, i.e. not suitable for permanent, year-round residence.
Non-residential buildings are registered in the cadastral register only if they have signs of “capitality”: a solid foundation and an inextricable connection with the land.
Country and garden houses
Federal Law No. 217-FZ “On Gardening and Vegetable Farming by Citizens” gives the following definition: a garden house is a building for seasonal use, intended to satisfy citizens’ household and other needs related to their temporary stay in such a building.
Building tax
What taxes will you have to pay for buildings? According to the Law “On Taxes on Property of Individuals”, taxation applies to buildings located in the garden plot. A whole group of people will not have to pay taxes, including:
- participants of the Second World War and the Civil War;
- heroes of Russia and the Soviet Union;
- disabled children;
- persons who were awarded the Order of Glory;
- disabled people of the first and second groups.
The tax on buildings with a living area of up to 50 square meters and structures whose area does not reach 50 square meters located on plots in dacha and gardening non-profit associations is not paid.
The amount of land tax is calculated from several factors: cadastral value, area of the plot, land tax rate.
Information on cadastral value can be found on the Rosreestr website. The rate and benefits are calculated by local governments.
If you inherited a plot of land with buildings, you will first have to register ownership of the plot, and only then register the house, bathhouse and other buildings. Taxes are then paid as usual.
Ownership rights for household and outbuildings can be registered in a simplified manner. This will require declarations and land documents.
What buildings are subject to registration?
Based on the comments to Art. 130 of the Civil Code of the Russian Federation, the characteristics of real estate subject to registration are four components:
1) the presence of a foundation for the building
2) the impossibility of separating the structure from the foundation without causing disproportionate damage
3) availability of connected communications (electricity, water supply, sewerage, etc.)
4) the material from which the object is made (solid materials, not prefabricated parts).
Thus, according to the law, it will be necessary to register a summer kitchen, garages, bathhouses, sheds and other similar buildings, and a well, greenhouse, shed, barbecue area, shower room, etc. no need to register.
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Where does the construction of a private house begin (video)
According to the “dacha amnesty” law, it is possible to register ownership of an unregistered building without formalities.
Any buildings on the garden plot are subject to registration. In this case, it is first necessary to correctly place the buildings, in accordance with all norms and rules. It is important to obtain the necessary permits from the fire safety service and follow SNiP. After registration, you will have to pay taxes for the land and buildings, but in the future you will be able to sell the house and land at a higher price.
Features of registration of buildings
The Town Planning Code of the Russian Federation allows for the absence of a construction permit for a dacha or bathhouse. The consent of the authorities is not required for the construction of a garage or outbuilding.
To register ownership of buildings for summer cottage use, garages and bathhouses, you should use the same procedure as for individual housing construction. The difference is that a cadastral document will not be needed. Rosreestr requires a real estate declaration. It contains all the information about the construction. Federal Law 122 states that a person must fill out this declaration independently.
You can use a simplified registration procedure. The dacha amnesty of the Russian Federation made registration easier. The validity period of this simplification is unknown.
