There are nuances: how to convert a garden house into a residential one

How to convert a cottage into a residential building - step-by-step instructions

From 01/01/2019, the following objects can be placed on the garden plot.

• Residential buildings.
• Garden houses.
• Garages and outbuildings.

The innovation opens up the possibility not only of constructing individual housing construction on garden plots.

But also the possibility of converting built garden houses into residential buildings.

It is possible to convert a dacha into residential premises if certain conditions are met. They relate to land plots and country houses. In particular, the requirements for a land plot are related to the category to which the plot belongs. It is imperative that these are lands related to populated areas.

If the non-residential premises are located on a site that is classified as agricultural land, then before converting the dacha into a residential building, you will need to transfer the land from one category to another. The land in gardening partnerships must be located in the zone where buildings with residential purposes are being erected. Please note that only a few uses are permitted, these include:

• dachas and garden houses;
• subsidiary farming, which is carried out personally by the owner;
• the best option is if the land is allocated for individual housing construction.

Please note that not all plots that are in a garden or dacha partnership, as well as farming and horticulture, have the opportunity to change the purpose for individual construction. This may be due to the fact that the municipal authorities have ownership rights regarding real estate.

Resolution No. 47, adopted by the Government in 2006, contains requirements for residential buildings. A building that can receive residential status must have the following characteristics: a bathroom, toilet, kitchen and living room must be located in the room.

In each subject of our country, minimum sizes are established for these premises. For example, a room classified as residential must be at least 12 square meters, and a kitchen must be at least 6. The ceilings must rise at least 2.5 meters. In addition, an important point is that re-registration requires that country houses have communication systems - this includes water supply, electricity, a heating system, and ventilation and sewerage systems also need to be installed.

It is also of no small importance if the dacha is the only place of residence for a person. In the case when a citizen has nowhere else to live, but there is an opportunity to register at a dacha, then the procedure for registering ownership of the dacha should be carried out and it should be re-registered as a residential building.

It is worth noting that the renovation of a country house can be done in two ways. In particular, you can file an appeal to the court. Initially, you will need to prepare all the necessary papers; if some are missing, you will need to obtain them from the authorized body. Next, file a claim, for this you can contact a professional lawyer who will help you.

Please note that it is required to indicate third parties, which are organizations that have an interest in resolving this issue. File the claim, along with the documents attached to it, to the judicial authority located at your place of residence. Then the trial stage will begin, in which you will need to participate.

It is also possible to transfer real estate by contacting the administrative authorities of the municipality. It is worth noting that in this case, the procedure will require more time and financial costs. This is due to the fact that in this case the citizen acts independently, and in the event of a trial, the authorities participate.

Funds will be required to carry out cadastral work, as well as to coordinate the process with officials. In this case, the citizen initially collects the papers, then writes a statement. Within a month he receives a response, if it is positive, he initiates the documentation process.

The procedure for re-registration of real estate is possible under certain conditions relating to the plot of land and the building itself.

1. The category of intended use of land must necessarily be “land of populated areas”. If the plot is classified as agricultural land, then re-registration is possible, but the intended purpose will have to be changed.
2. The land must belong to the territorial zone of residential buildings.
3. Possible types of permitted use: country houses and garden houses, private household plots. In the best case scenario, individual housing construction is exactly what the land will be re-registered in.

Please note that not all lands intended for summer cottages, gardening, farming, and vegetable gardening can be transferred to individual housing construction. The reason is that the lands may be municipal property.

The main document that lists the parameters and requirements for residential buildings is Decree of the Russian Government number 47, adopted on January 28, 2006.

1. The building should have the following premises: living room, kitchen, bathroom, shower room, restroom. Each region has a minimum size for premises. For example, the living area in the house should be at least 12 sq.m., the kitchen - 6 sq.m.
2. The ceiling height must be at least 2.5 meters.
3. The house must have communications: heating, water, electricity. There must be sewerage and ventilation.
4. The building must meet fire safety standards, as well as sanitary, environmental, construction, etc. requirements.
5. There must be documentation from the BTI for construction - a technical passport is enough. In some cases, a construction and technical examination is required.

Also an important reason for transferring a dacha to a residential building is the citizen’s only place of residence.

If he has nowhere else to live, and registration is allowed at the dacha, then he has the right to register the property as his own - and re-register the dacha into a residential building.

To re-register, you need to collect a documentation package, which includes:

1. Technical papers for a dacha, construction and land plot.
2. A copy of the title document.
3. Permission to re-register if the dacha is owned by other persons. Consent is provided in writing.
4. A document from local authorities confirming the transfer of land to a category suitable for residential construction.
5. A report issued by the Housing Commission confirming that the building meets the requirements of individual housing construction.
6. Project for a house if redevelopment was carried out.
7. Personal statement. It must indicate the purpose of the appeal. For example, you want to re-register your dacha as a residential property because you intend to live there permanently and are applying for permanent registration.
8. Copy of Russian passport.

These are the main documents that may be required.

A receipt for payment of state duty for cadastral work may be added.

The re-registration procedure can be performed in two ways. We will list them and determine which option is best, and also indicate instructions for action for Russians who want to convert their dacha into a residential building.

Registration is much faster and less costly, since the initiator of the approval of documentation is not the applicant, but the authorities.

A citizen must act step by step:

1. Step 1: Prepare for the trial. It is necessary to collect documentation. If you don’t have any papers, get them from the appropriate authority.
2. Stage 2. Write a statement of claim with demands. You can contact a lawyer to help you draw up the document correctly. The application must indicate third parties and organizations that are interested in this issue.
3. Stage 3. Submit a claim and copies of documents to the court located at your place of residence.
4. Stage 4. Participate in court proceedings. Think over the evidence base, justify your demands, then the court will be on your side.
5. Stage 5. Receive cadastral and technical documentation for the house.
6. Stage 6. Register your rights. Receive certificates of ownership - an extract from the Unified State Register of Real Estate.

The procedure is longer; there may be additional costs for cadastral work and coordination with authorities.

The citizen must follow the following instructions:

1. Step 1. Collection of the documentation package.
2. Step 2. Writing an application to local authorities.
3. Step 3. Receive a written response from administration representatives. The answer usually comes within 1 month.
4. Step 4. Re-registration of documents at the Cadastral Chamber. Usually a new technical passport is issued for the house.
5. Step 5. Register the document with Rosreestr and receive an extract from the Unified State Register of Real Estate, confirming your rights to the house.

Follow the instructions provided - then there will be no problems with re-registration.

Of course, the refusals are all justified. The letter must contain a reason why the dacha cannot be converted into a residential building.

As a rule, a citizen can correct the shortcomings and make the same request again.

1. The land plot does not meet the requirements; residential buildings cannot be erected on the land.
2. The dacha does not meet residential standards. For example, all communications have not been carried out.
3. The erected building did not pass approval from the fire, environmental and other services.
4. There are no title documents that could confirm the acquisition of land and buildings by the applicant.
5. The documentation has not been verified for authenticity.

Documents for converting a garden house into a residential one

• copies of title documents;
• written consent of the co-owners;
• technical passport for the property;
• report on the technical examination for compliance with the requirements of a residential building.

After submitting the application and documents, you will receive a decision from the local government within 30 days. It is the basis for making changes to the state register of real rights to real estate. The procedure is carried out by the state registrar or notary, who issues a document with a new status of the building - “residential building”.

Necessary parameters of a dacha for recognition as residential

To implement the procedure for converting a summer house into a residential building, you will need to collect a certain package of documents. These include papers that have a technical purpose. They are presented in relation to the land plot, the buildings located on it, and the country house. Documentation of legal nature.

It is required to obtain permission to carry out re-registration. This is required when a country house has several owners. Consent must be expressed through a written document. You will need to submit a document received from the municipality, which confirms the fact that the land has been transferred from one category to another, and the new category must allow the construction of residential buildings.

If the house has undergone redevelopment, you will need to submit design documentation. The person making the appeal will have to write a statement containing the purpose. In particular, you can indicate that you need to transfer your country house to the category of residential premises for the reason that you want to live in it on a permanent basis and are registering there.

The procedure for recognizing a garden house as a residential building is regulated by Decree of the Government of the Russian Federation dated January 28, 2006 No. 47 “On approval of the Regulations on the recognition of premises as residential premises...” (as amended on December 24, 2018) (hereinafter referred to as the Regulations).

According to Art. 15 Housing Code of the Russian Federation, Art. 4 of the Regulations, residential premises are recognized as isolated premises, which are intended for the residence of citizens, are real estate and are suitable for living, meeting established sanitary and technical rules and regulations, and other legal requirements.

In other words, a residential building must:

• To be built on a foundation, i.e. have a strong connection with the earth;
• Be safe for the life and health of residents;
• Have electricity;
• Be provided with water supply;
• Have a sewerage system (septic tank);
• Be provided with heat supply.

1. Application for recognition of a garden house as a residential building.

The application is written in free form with the obligatory indication of the following information:

• Full name of the applicant;
• Postal or email address of the applicant;
• Cadastral number of the land plot;
• Cadastral number of the garden house.
• Method of obtaining a decision from a local government body (in person, by mail, at the MFC).

Not all of the 4 documents are required.

Let's look at them in order.

First document.

The application is a mandatory document.

The government did not approve a sample application for recognition of a garden house as residential.

However, the resolution lists the details that must be contained in the application.

• Cadastral number of the garden house.
• Postal address or e-mail of the applicant.
• Cadastral number of the land plot.
• Method for obtaining a solution.

Just fill out simple form fields and the service will generate a ready-made application.

Form . . .

The generated document contains not only the entered information.

The statement contains references to laws.

The application also contains legal language that prevents officials from violating the legal rights of the applicant.

As a bonus, the completed application comes with instructions with a step-by-step algorithm of actions.

Second document.

In what case do we provide an extract from the Unified State Register of Real Estate?

The extract is attached to the Application when the ownership of the garden house is registered in Rosreestr.

Note.

The applicant has the right not to attach an extract from the Unified State Register.

The administration itself is obliged to request an extract through interdepartmental electronic interaction.

However, I recommend attaching an extract.

Having an extract minimizes the risk of refusal due to the stupidity of some officials.

Moreover, an extract from the Unified State Register can be obtained online within 20 minutes.

In what case do you need to provide title documents?

Sale and purchase agreement, certificate of inheritance, etc. - These are legal documents.

The application is accompanied by title documents when the ownership of the garden house is not registered.

Ownership of a garden house is registered in Rosreestr.

If you are enclosing not originals, but copies of documents, then the copies should be certified by a notary.

Uncertified photocopies will not be accepted.

Fourth document.

We submit the application to the local government authority on whose territory the garden house is located.

In other words, we send the documents to the local administration.

When using the service, you will receive a Statement, the text of which contains special wording.

This wording obliges officials to transfer documents to the authorized body within the administration structure.

Simply put, you are insured against your application getting sent to a random person.

• Directly to the administration.
• Through MFC.

In my opinion, it is preferable to submit documents directly to the administration.

The reason is that the MFC is an ordinary intermediary. The more intermediaries there are, the higher the risk of errors and loss of documents.

I usually recommend having 2 copies of the application when submitting documents.

The official accepting the documents will place an entry stamp on your copy of the application.

However, paragraph 58 of the Government of the Russian Federation No. 47 of January 28, 2006 states that officials are required to issue a receipt to the applicant.

The receipt indicates the list of documents submitted and the date of their receipt.

Within 45 calendar days, the administration makes one of the following decisions.

• The decision to recognize a garden house as residential.
• Or a decision to refuse.

If the decision on recognition is made, then the goal has been achieved.

In other words, you have converted a garden house into a residential one.

All that remains is to submit this decision to Rosreestr.

Rosreestr will change the purpose of a garden house from “non-residential” to “residential”.

If a refusal is received, then we consider the second method of recognizing the garden house as residential.

Method 2 will be discussed below.

In the meantime, let's look at the reasons and reasons why officials may refuse.

There are 5 reasons why the administration refuses to recognize a house as residential.

Let's consider these reasons and ways to minimize the risk of failure.

If the application does not contain the required details or there is no conclusion on the inspection of the house, then the administration will refuse.

You can minimize the risk of refusal by preparing an application through the service.

Regarding the conclusion, the following should be noted.

It is important to choose the right organization that issues home inspection reports.

Let me remind you that the service generates not only a ready-made application, but also step-by-step instructions.

The instructions contain information on how to accurately select a contractor to prepare a conclusion.

A refusal on this basis is issued when there is no information about ownership in Rosreestr.

However, the application does not include title documents for the garden house.

Avoiding rejection is easy. Attach documents confirming ownership of the garden house.

Note.

This basis for refusal has one positive nuance.

Let's say the ownership of the house is not registered. The application does not include title documents for the house.

In this case, the administration sends the applicant a notification to provide the missing documents.

The applicant has 15 calendar days to provide the missing documents.

If the administration has not received the documents, then officials refuse on the specified grounds.

In other words, before refusing an application due to lack of documents, the administration gives a chance to correct the situation.

If documents are submitted within 15 days, there are no grounds for refusal.

Time frame for transferring non-residential premises to residential premises in SNT

A technical report from experts on the home’s compliance with all standards is issued within 1–2 weeks. An application to change the status of an object is considered no longer than 45 days. You can receive a response ahead of schedule.

The registration procedure in Rosreestr takes up to 15 working days, and you can pick up a completed extract from the Unified State Register of Real Estate in just three working days.

It is enough to have a passport with you. If a representative of the owner of the property contacts the office of a government agency, he cannot do without an identity card and a power of attorney.

An application with attached documents can be submitted in 2 ways.

Second document.

This conclusion is a mandatory document for recognizing a garden house as residential.

In conclusion, they indicate that the garden house meets the requirements of safety and reliability.

The requirements are established by the law “Technical Regulations on the Safety of Buildings and Structures”.

Only an organization or individual entrepreneur that is a member of an SRO has the right to issue opinions.

Self-regulatory organization (SRO) in the field of engineering surveys.

Note.

Neither cadastral engineers nor members of other SROs have the right to issue these conclusions.

A conclusion on the inspection of the technical condition of a garden house is obtained from a member of the SRO in the field of engineering surveys.

With the growing demand for issuing opinions, there is a high probability of abuse of trust by inexperienced owners of garden houses.

Unscrupulous cadastral engineers, as well as members of other SROs, will begin to offer services for issuing conclusions.

Owners of garden houses need to be vigilant in this matter.

The conclusion of a cadastral engineer and/or a non-member of the SRO in the field of engineering surveys is useless.

Such a conclusion will not help convert a garden house into a residential one.

If you are completing the Application online, the instructions will help you select a contractor to prepare the conclusion.

Third document.

Is it possible to register a house in SNT as residential in 2020

In the absence of a cadastral passport for the property, you can use the government services website - gosuslugi.ru or send a request through the official portal of Rosreestr. The ordered document will be sent to the address specified by the user. The period for its provision is 10 days.

Next, you need to contact the government agency, you can visit the Multifunctional Center. There you should submit documents for verification and wait for the result. The main thing here will be to confirm that, in fact, the person owns the land. If everything goes as it should, you will need to wait until a record is made in the Unified State Register of the owner and his plot, which is located in a horticultural non-profit partnership.

An extract from the Unified State Register of Real Estate or title documents for a garden house.

Fourth document.

Third parties include those who have liens on the garden house.

For example, such persons may be banks that issued a loan secured by a house.

Organizations or individuals can also be 3rd parties. Let's say they issued a loan and took out a mortgage on a garden house.

The government has not yet issued a clarification on this issue.

In my opinion, third parties include co-owners of the garden house.

Co-owners are persons who own the house along with the applicant on the right of common ownership.

There are two types of common property: joint or shared.

In other words. If an application to recognize a garden house as residential is submitted by a co-owner, then others issue a notarial consent.

The joint property of spouses requires special attention.

Let’s say a garden house was purchased during marriage through a paid transaction and is registered in the name of one spouse.

The second spouse legally has rights to the garden house.

Simply put, the garden house is burdened with the rights of the second spouse.

Thus, we obtain notarized consent from the second spouse.

We attach the original consent to the application for recognition of the garden house as residential.

Note.

It has already been said above who must give consent.

If such characters are present, then we attach their notarized consent to the application.

If the garden house is not encumbered by the rights of third parties, then there is no reason to be afraid. Refusal on this basis is impossible.

Is it necessary to register a non-residential garden house in SNT in 2020?

Therefore, if the ownership of your building has not yet been formalized, then all activities to improve the house can be assessed as a continuation of the construction of the building, which does not require obtaining a building permit and drawing up design documentation. If the ownership of the building is registered, then, in accordance with the law, obtaining permission for reconstruction is not required. After completion of the reconstruction, you will have the opportunity to register the changes made in a simplified manner. Since the land plot is jointly owned, it makes sense to register joint ownership of the garden house.

There is no clear answer to the question about the need to register garden houses and other outbuildings. Russian legislation provides the right, but does not impose obligations on citizens, to register any buildings. There are no sanctions for failure to register a garden house.

Construction of a residential building on a garden plot

According to Art. 1 of the Town Planning Code of the Russian Federation, an individual residential building has the following features:

• Detached building (i.e. not an annex)
• Number of ground floors – maximum 3;
• Height – up to 25 meters;
• Availability of rooms and auxiliary premises;
• Not intended for dividing into parts of a residential building.

1. Territorial zone. According to paragraph 2 of Art. 23 217-FZ, 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 that establish the maximum parameters for such construction.

TIP: To find out in which territorial zone the land plot is located, you need to order an urban planning plan for the land plot (GPZU) from the local government - free of charge, period - 1 month. or an extract from the information system for supporting urban planning activities (extract from ISOGD) - usually for a fee (up to 1000 rubles), period - up to 1 week.

2. Extension of the dacha amnesty. Since August 2020, it is no longer necessary to obtain permission to build a residential building. Instead of a construction permit, it is necessary to receive a notification about the compliance of the planned facility and subsequently a notification about the compliance of the constructed facility with legal requirements.

But in connection with the extension of the second dacha amnesty until March 1, 2021, owners can register existing houses in a simplified manner without sending a notification to the administration and complying with the requirements of the town planning regulations (Part 12 of Article 70 218-FZ). Cadastral registration and registration of ownership of a residential building will be carried out on the basis of a technical plan and declaration.

Moreover, until 03/01/2021, the verification of whether a building is residential or non-residential is determined by the cadastral engineer, and not by the local government.

After 03/01/2021, registration and registration of the house will be carried out in a notification manner, that is, through notifications about planned construction / about the completion of construction with a mandatory visit to the site by specialists from the administration.

As an example, I will give the following situation.

Let's say you built or bought a garden house on a plot with a permitted use - gardening.

The administration will refuse, because it is impossible to place garden and/or residential buildings on plots for gardening.

One way out is to change the type of permitted use.

In other words. Before applying for recognition of a garden house as residential, change the type of permitted use.

For the procedure for changing the VRI, see the article: Changing the permitted use of a site in 2 ways.

Let's summarize the preliminary results.

Fulfillment of the above conditions reduces the risk of refusal to recognize a garden house as a residential building.

If the administration refuses, then we check the reasons for the refusal.

If the refusal is justified, then the errors or limitations must be corrected. Then we resubmit the application.

If there are signs of illegality of refusal, use the 2nd method.

Let's go directly to it.

2nd method.

Is it possible to build a house on agricultural land?

In accordance with the terminology, such a house is a residential building, not intended for permanent residence, because trying to winter over will turn into a game of survival. Hence, the level of comfort and technical equipment in the house needs to be raised to the requirements regulated in accordance with SNiP. Now let’s look at the term “individual residential building”. That's what it means. An individual residential building is a separate building with no more than 3 floors, which is intended for residence of only one family.

Important

The house must have rooms that provide conditions for rest, sleep, hygiene procedures, cooking, etc. The structure must stand on a solid foundation, the walls must be thermally insulated (insulated) and free of cracks.

Utilities must be installed in the house.

Judicial recognition of a garden house as residential.

Recognizing a house as residential on a garden plot through the court was a fairly common way to resolve the issue.

The prevalence was associated with the absence of a recognition procedure through the local administration until 2020.

Nowadays, judicial recognition of a garden house as residential is used as a way to appeal the administration’s refusal.

To implement this method, we are preparing an administrative claim.

The administrative claim appeals the refusal to recognize the garden house as residential.

If you find it difficult to prepare an administrative claim on your own, then use a free legal service.

There is no need to put off the appeal “on the back burner”.

The deadline for filing an administrative claim is only 3 months.

The 3-month period is calculated from the day you learned of the refusal.

That's all for now.

How to register a house in SNT in 2020 - step-by-step instructions (before and after March 1)

Let us tell you in more detail what registration of a house in SNT is like in 2020. Latest news: before March 1 of this year, you can register your house using a simplified procedure. After this date, the notification procedure for the start and completion of construction of both residential and garden houses will begin to apply, and this will significantly complicate the registration procedure. The “dacha amnesty” will only apply to outbuildings: sheds, outbuildings, bathhouses, greenhouses, toilets, etc.

It is also worth mentioning that according to the new law on gardening, housing construction is permitted only on plots that are provided specifically for gardening. Construction is not permitted on lands with the type of permitted use “for gardening”. That is, all buildings located in such areas can fall into the category of “self-construction”.

Documentation

To implement the procedure for converting a summer house into a residential building, you will need to collect a certain package of documents. These include papers that have a technical purpose. They are presented in relation to the land plot, the buildings located on it, and the country house. Documentation of legal nature.

It is required to obtain permission to carry out re-registration. This is required when a country house has several owners. Consent must be expressed through a written document. You will need to submit a document received from the municipality, which confirms the fact that the land has been transferred from one category to another, and the new category must allow the construction of residential buildings.

If the house has undergone redevelopment, you will need to submit design documentation. The person making the appeal will have to write a statement containing the purpose. In particular, you can indicate that you need to transfer your country house to the category of residential premises for the reason that you want to live in it on a permanent basis and are registering there.