When will Belarusians be able to register their dachas as a permanent place of residence?
There is another option for solving the problem generated by Resolution of the Council of Ministers dated June 12, 2014 No. 571, which approved the Regulations on the procedure for settlements and payment of fees for housing and communal services. It consists of really thoroughly thinking through and approving a single standard for gas consumption per apartment (house), both in populated areas and in summer cottages, modeled on the current standard for electricity consumption. If you meet the norm, you pay one price; if you don’t, you pay more.
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Is it possible to register in SNT?
Info
If, when checking a residential premises, a discrepancy is found in at least one of the parameters, it will not be possible to recognize it as residential. ○ Documents for obtaining permission to register with SNT.
To register at a dacha, you need to submit the following documents to the territorial office of the FMS:
- Applicant's passport.
- Ownership of a structure that serves as the title document.
- A certificate of recognition of a building as residential is issued by the local administration or court, depending on the applicant’s request.
○ How to register in SNT: The registration procedure consists of several stages, each of which will be discussed in detail. ✔ Contact local authorities for permission. In this case, an application is written for permission to transfer the building into a residential building.
What happens if you don’t register a country house before March 1, 2020
If you do not register the house, then in the near future it will join the ranks of unauthorized buildings, and it may be demolished, or it will have to be brought into compliance with what the law requires of residential and garden houses. Although this is not always possible. For example, there is a requirement that houses should be located no closer than 3 meters from the fence. It is unlikely that the house will be moved.
No, it can’t be like that!
And this is only a small part of the requirements. Separate SNiPs exist for garden buildings, as well as for garden construction, which list the maximum distances at which houses and outbuildings should be located on the site.
This is interesting: How much tax do you need to pay when renting out an apartment?
Since January 2020, it is now possible to build not only a garden house, but also a residential building for permanent residence on SNT. You can even register in this individual housing construction project, the main thing is that the building is registered in accordance with all the rules and complies with building codes. But this is only possible if your land is part of a zone for which there are urban planning regulations with acceptable parameters for such construction. That is, in practice, the possibility of construction depends not only on belonging to the SNT, but also on the plan drawn up by the municipality.
If there is an unregistered house on your site, then from January 1 to February 28, 2020, you can register its ownership in a simplified manner. You need to contact a cadastral engineer who will come to your site and make a technical plan of the property, and then send an application to Rosreestr for registration.
How to register a house in SNT, which has already been built, starting from 2020?
Participants in gardening cooperatives are given 5 years to choose SNT or ONT. If the majority is for a gardening partnership, but you don’t want to demolish houses, you can register your association as a homeowners’ association (HOA). To do this, you need to submit a request to Rosreestr.
The purpose of the law is to provide citizens with the opportunity to register their garden plots located in the SNT quickly and without red tape, but since March 2020, the houses located on them will no longer be able to be easily registered with the cadastral register.
- are country houses and located on the lands of SNT;
- the land plot is directly adjacent to lands for the needs of gardening and vegetable gardening;
- buildings on the allocated plot do not require permission and are classified as SNT.
Decorating a house under the dacha amnesty
- the applicant's civil passport;
- any of the documents that can confirm the applicant’s rights to this plot (sale and purchase agreement, inheritance, donation, etc.);
- cadastral plan and technical passport of the allotment;
- payment document confirming payment of state duty.
1. SNT lands were within the boundaries of the settlement. On agricultural lands, registration of residence is out of the question. The exception will be those farmlands that have the permitted use of “gardening or dacha farming”;
State Property Committee: not every garden house can become residential
MINSK, April 12 – Sputnik.
Recently, the chairman of the State Property Committee said that the issue of the possibility of registering houses in garden partnerships as residential, which will give people the opportunity to register in them at their place of residence, is currently being discussed. However, the situation is hampered by the fact that most gardening partnerships are equipped without complying with the norms and necessary social guarantees, which must be taken into account in populated areas.
A Sputnik correspondent spoke with Vladimir Naumenko, deputy head of the department of registration, technical inventory of real estate and accounting of state property of the State Property Committee, and found out why the decision to transfer gardening partnerships to populated areas has not yet been made.
Not all houses are created equal
The issue of registering garden partnerships and dacha cooperatives as populated areas began to be worked out back in 2013. Even then, legislation made it possible to implement this; an approximate procedure for implementing this project was even developed.
“There were attempts to transfer several gardening partnerships in different regions to populated areas, but it did not work out. But the merger of two dacha cooperatives near Minsk with the corresponding settlements was realized. Everything stopped there,” said Vladimir Naumenko.
However, about two years ago, the State Property Committee again began to receive questions about this.
“Deputies wrote about the transfer of gardening partnerships to populated areas, and, accordingly, garden houses to residential buildings. We have studied the issue, and it is, in principle, solvable, but the executive committees say that this is very unreasonable.
This is a large expenditure of funds and additional problems not only for local authorities, but also for the citizens themselves.
There are a number of requirements for residential buildings that most garden houses do not meet,” explained the agency’s interlocutor.
Many garden houses were built without a design.
“They were built so that you could come for the weekend, work in the garden and spend the night there on a warm summer night.
Such houses are unsuitable for year-round living, and to make them suitable, the owners will need to spend money, but not everyone agrees to this.
And when transferring a gardening partnership to a populated area, you need to get everyone’s consent,” emphasized Vladimir Petrovich.
Recently, after another study, the State Property Committee informed the Council of Ministers that the opinion of the concerned bodies and executive committees on the issue of transferring gardening partnerships to populated areas has not changed.
“This can be done, but it is not practical yet,” the specialist noted.
What about registration?
In parallel, the Ministry of Internal Affairs was considering the possibility of permanent registration in garden houses. At the moment, you can register in the garden house temporarily - only at your place of stay. The opportunity to register there on a permanent basis at the place of residence will only appear if it becomes a residential building, if an address is assigned to it.
“One of the executive committees suggested that owners of garden houses that meet the requirements for residential premises, after an inspection by the commission, be given the opportunity to make permanent registration. But even in this case there are problems. Therefore, we came to the conclusion that it is now inappropriate to change approaches to registration at the place of residence,” explained a representative of the State Property Committee.
In addition, the locality must have appropriate social infrastructure. For example, if a person registers at his place of residence in a country house in a garden partnership or cooperative, he will have to receive medical care there. Then the question arises of creating at least paramedic and obstetric stations.
“But the worst thing is that gardening partnerships were built without appropriate projects. The passages between houses are usually very narrow, and in the event of an emergency, an ambulance or rescuers cannot pass through them.
And in order to expand them, you will simply have to cut off pieces of land from summer residents in order to comply with the norms. It's unlikely that people will like it. Neither the sanitation station, nor the police, nor the Ministry of Emergency Situations will ever miss such an option in which emergency vehicles will not be able to get there.
Because of this, this issue has not yet been resolved,” concluded Vladimir Naumenko.
Views of summer residents
To find out how pressing is the problem of giving gardening partnerships and dacha cooperatives the status of populated areas and the issue of permanent registration there, a Sputnik correspondent interviewed dacha residents.
“Not many people live in gardening communities year-round, because in many of them water and electricity are turned off in the winter, and the roads are not cleaned. Probably, if they are equated with populated areas, this will be corrected.
But in general, whether it is necessary to give the opportunity to register in country houses on an ongoing basis is a controversial issue. Who wants to leave an apartment in the city and register in a gardening partnership?” – says Natalya.
In her opinion, the only benefit can be that the financial burden on summer residents in this case may be reduced.
“Now, in addition to paying for utility bills, you also have to pay various contributions, and the utility bill itself is higher. If the gardening partnership becomes a populated area, the fees, in theory, will disappear,” the woman suggested.
Summer resident Elena believes that this will benefit primarily those who bought a country house for vacation, but rebuilt it and live there all year round.
“For them, of course, it would be better. But there are issues with infrastructure. It would never be a bad idea to have a medical center, a store, a post office, etc. nearby.
But, on the other hand, a person moving to a gardening partnership must understand what he is getting into. Of course, it would be great if the state, equating country houses with residential ones, organized the infrastructure.
However, it is unlikely that there will be money for this,” she says. © CC0 / Pixabay / Alexas_Fotos
Pensioner Sofya Mikhailovna lives in a garden community from May to October. She is not against the partnership becoming a populated area, but she doesn’t see the point in permanent registration in a country house.
“Even if they give us a store, a post office and a first-aid post, we still won’t be able to live in my house all year round - it’s just a summer house. And even if I imagine that I register there and live here permanently, I will still miss many social benefits. The same medical specialists will definitely not be here,” the interlocutor shared her opinion.
And Alexander is exactly one of those who live in a house in a gardening community all the time.
“I built a nice big house in a gardening community not far from the roundabout, I installed a well and heating. Everything for life. That’s why we’ve been living in a house with my wife and children for the last year, and only sometimes stay overnight in the apartment,” he said.
The man does not see any particular need for his partnership to become a populated area.
“There is no address - that’s how everyone finds us using the coordinates on the navigator. But in any case, the infrastructure here will not be the same as in the city. Therefore, it is unlikely that my family will enjoy these benefits of civilization,” he laughs.
The homeowner did not seriously think about whether he would like to register in his house or not.
“Theoretically, I’m not against registering someone close to me there, but for my family it’s not critical. My wife and I work in Minsk, our older children go to the gymnasium there. I think it’s better to officially be a city resident,” summed up Alexander.
Source: https://sputnik.by/society/20190412/1040772445/Goskomimuschestvo-ne-kazhdyy-sadovyy-domik-mozhet-stat-zhilym.html
How to register at a dacha in 2020
Even if the renovation work there has not yet stopped. The main thing is that all communications, electricity, gas, water supply, water protection and thermal insulation are present. Officials will turn a blind eye to unfinished finishing work and minor cosmetic repairs, but not to an unfinished private house. ↑ to contents How many people can be registered in a private house? A separate question arises about how many people will register in this way. One family will need one isolated exit, one kitchen and one living room.
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For registration you need to prepare a package of documentation:
- Applicant's passport.
- A document that serves as the basis for residence in the specified territory. This is a purchase or gift agreement, a certificate of inheritance, etc.
- Application of a certain form. You can get it from the migration service or find it on the official website of the FMS. It is usually filled out on the spot. Under the guidance of a specialist.
- A photocopy of the examination on the suitability of housing.
The processing time for documentation by the migration service depends on workload.
It is recommended to check the exact number of days with the migration service at the place of application. The registration time may be delayed due to possible problems with documentation.
Therefore, it is recommended to carefully check all papers before submitting the package.
Registration in Belarus
August 8, 2019
Citizens residing on the territory of the Republic of Belarus (permanently or temporarily) are required to undergo the registration procedure.
The relevant Presidential Decree applies to:
- citizens of the Republic of Belarus;
- representatives of foreign states;
- persons without specific citizenship.
Note! The previously existing registration system was abolished, and the term “propiska” itself was removed from official circulation, which was replaced by the term “registration”. Similar regulations were adopted in most countries of the former USSR.
Meanwhile, the essence of the procedure remained the same - recording the fact of an individual’s residence within a certain administrative region.
However, in the Soviet system of population migration control, registration in Minsk or another locality could be prohibited by local administrative authorities, which was a gross violation of the right to freedom of choice of place of residence.
State bodies cannot refuse to register a person at his place of residence if he has legal rights. Temporary registration has also been replaced by registration at the place of stay.
Features of registration in Minsk and other cities of the Republic of Belarus
Despite the proclamation of freedom to choose a place of residence, which was infringed by Soviet-style registration, some restrictions still exist. Registration of citizens in Minsk is prohibited if, after its completion, the share of each resident will be less than 20 square meters. m.
living space (read the article on how to correctly calculate the living space of a room). For other populated centers of the republic, the limit is set at 15 square meters. m.
An exception exists for the owner of the property, and also if the person being registered is the owner of the living space in Minsk:
- spouse;
- mother, father;
- an adult child (own or adopted);
- adoptive parent;
- legal ward;
- a minor sibling without parents.
For other cities and towns, the list of categories of persons whose registration occurs without taking into account the living space limit, in addition to the listed categories of citizens, also includes:
- siblings having parents;
- relatives, grandparents;
- grandchildren.
Note! If the residential area is in shared ownership, then permission for registration must be given by all owners of the property.
Also, owners of several properties can be registered only at the location of one of them, while some rights are retained.
For example, if you are the owner of an apartment in Minsk, but change your registration address to the location of a house in a village, you will still be able to be served at the capital’s clinic if you contact a medical institution and submit the appropriate application.
List of documents for the registration procedure
You need to know what documents are needed for registration and which authorities to contact. In general, the following are provided:
- identification;
- military ID after registration;
- house book (if available);
- documented basis for registration;
- receipt of payment of state duty;
- written consent of the minor's representatives.
Documents for registration of a newborn at the place of residence in the Republic of Belarus are submitted as follows:
- birth certificate from the maternity hospital;
- parents' passports;
- marriage certificate;
- birth certificates of both spouses.
To complete the registration procedure, you must contact several authorities:
- Department of Internal Affairs, Department for Citizens and Migration Issues;
- representation of the housing stock;
- homeowners' association, cooperative;
- executive committee of the village or town;
- organization responsible for registration.
The registration procedure takes no more than 3 working days. Another 3 days are given for deregistration at the previous place of residence, which occurs automatically, without the direct participation of the citizen.
Nuances of temporary registration
Temporary registration for citizens in Belarus raises many questions. Firstly, it must be remembered that in general, citizens have the right, but are not at all obliged, to undergo the procedure if they leave their place of permanent residence for more than 30 calendar days. Temporary registration is required for the following categories of persons:
- non-resident full-time students;
- Foreigners;
- persons without specific citizenship;
- military personnel;
- Citizens of the Republic of Belarus living permanently abroad.
Registration at the place of residence in Belarus is temporary and in general is issued for a period of no more than a year. The issued certificate serves as official confirmation. The stamp in the passport and registration at the place of residence remain valid.
The package of documents provided to the registration authorities is almost the same as for registration at the place of permanent residence. The validity period of the temporary certificate can be extended, but registration should begin only 10 days before its expiration.
Benefits of registering at your place of residence
For residents of the republic, temporary registration in Belarus is nothing more than an opportunity to fully realize their civil rights.
It helps to find a job if the employer shows bias in this aspect, despite the fact that refusal of employment on the basis of lack of registration is unlawful from a legal point of view.
If you wish, you can defend your legal rights in court, but this takes a long time and is not always justified.
It is also much easier to place your child in a kindergarten or school, because local children get priority and you simply may not have enough space.
Another advantage that temporary registration provides is participation in elections at your place of residence.
Some citizens use registration at the place of residence in order to save on utilities and services in medical institutions far from their actual place of residence.
Source: https://www.hata.by/articles/registraciya_v_belarusi-8905/
zakondostatka.ru
True, there are significant disadvantages to such registration.
Have you decided to replace the “concrete box” with a house in the village? The main thing is to prepare all the necessary documents. Evgenia GUSEVA Change text size:AA Russians are accustomed to considering a dacha as seasonal housing.
Despite this, country real estate has always been popular and relevant. After all, recently you can register in a country house and live a full life. How to do this legally? Metrium Group experts tell us.
Registration in an individual housing construction If the dacha is located in a cottage village or within the boundaries of any even small town, then its purpose is legally called individual housing construction (IHC). You can easily register there.
It is enough to contact the Federal Migration Service (FMS) with a corresponding application and provide documents for housing and land. The advantages of individual housing construction are obvious.
Registration of citizens in Belarus.
What you need to know to avoid breaking the law
AiF answered these and other questions from readers. I am the owner of a one-room apartment. A daughter and son are registered in it. The daughter married a Nigerian citizen and now lives with him in this apartment.
She asked to register her husband. He has a residence permit for two years. What rights does my son-in-law have to the apartment?
N. Kovaleva, Minsk - A wife can register her husband in the living space without complying with the requirements for the living space standard. He will not have any rights to the apartment. In the event of divorce, your daughter’s husband can be removed from the registration register and evicted from the premises.
Can the owner of the apartment deregister a spouse who did not participate in the privatization, but does not intend to deregister, although he does not actually live in the premises? Elena, Grodno - You can write out a spouse only if the apartment was purchased before marriage and the marriage was dissolved, regardless of whether the second spouse participated in privatization or not.
Is it possible to register at a dacha in Belarus?
Attention!
Each of your questions is unique and legal advice is given only on the regulations that were in force at the time the specific question was written! Take the time to ask your unique legal question.
We welcome every request for advice from us, but when asking your legal question, try to describe the current legal situation in as much detail as possible without omitting a single legal detail.
The best option for resolving the issue is to change the configuration of the boundaries of two land plots without changing their areas.
However, mutual consent is required. If you have such consent, you and your neighbor need to submit a corresponding application to the local executive committee, which in turn will instruct authorized organizations to develop the necessary documentation. There is another option for solving the problem caused by the Council resolution
Is it possible to register at a summer cottage: the nuances of the process
→ → → Current article Registration of permanent or temporary registration in a residential building on a summer cottage has become possible in Russia since 2008.
At this time, the Constitutional Court determined that registration in a dacha, which is actually prohibited by law, the law on which directly prohibits registration in gardening, dacha and other non-profit associations of citizens, violates the constitutional right of citizens to freely choose their place of residence.
Next, a bill to introduce appropriate changes to the legislation was submitted for discussion to the State Duma of the Russian Federation, but it is under consideration.
Today, the question of whether it is possible to register in gardening is decided individually, and to acquire a dacha registration, one should focus specifically on the decision of the Constitutional Court of the Russian Federation and all actions to acquire registration at a dacha plot are carried out in court.
When will Belarusians be able to register their dachas as a permanent place of residence?
This issue is now being actively addressed by House of Representatives deputy Leonid Brich, with whom Naviny.by spoke.
The issue of permanent registration at dachas was taken up closely by Leonid Brich, deputy of the House of Representatives from Brest-Western District No. 1, deputy chairman of the standing commission on economic policy. — Was the issue of permanent registration of citizens at their dachas raised by voters or was this your initiative?
“I didn’t even imagine that owners of five or six acres outside populated areas have so many problems. And when voters, and not only mine, began to contact me, I had to deal with this topic thoroughly, including asking a question that received wide resonance to the head of state.
And Olga Mikhailovna Yurashevich, a labor veteran from Brest, was the first to contact me about this.
Real estate services in Minsk:: sell/buy an apartment ::
305621 Date: 12/14/2010 , , Registration can be temporary (at the place of stay) and permanent (at the place of residence).
We are talking about permanent registration, which came to the place of registration. The difference from the registration procedure is that first you register at your new place of residence, and only after that you are deregistered from your old one. Form 15 is no longer in use (for those who don't know).
Source: https://zakondostatka.ru/kogda-na-dache-mozhno-budet-propisatsja-postojanno-minsk-32492/
Is it possible to register in SNT in 2020?
It is impossible to register in a separate house.
- If a citizen has permanent registration at another address, it will not be possible to register with SNT.
- Advantages and disadvantages Registration with SNT has both advantages and disadvantages. Negative points include:
- holiday villages may be located at a distance from residential areas or on the outskirts of larger settlements, so citizens have problems receiving required social benefits and services. This mainly concerns education and medical care;
- People living in housing cooperatives may feel disconnected from the services of the civilized world. For example, an ambulance will not be able to quickly provide assistance to the victim, which is a threat to the health of the citizen;
- Security of the dacha cooperative also plays an important role.
