Features of the legal regime of townhouses

Anonim

Townhouse is an excellent option for those who do not want to part with the usual comfort, living outside the city. The advantages of such housing are quite obvious, however, there are not always noticeable features, which will be discussed in this material

Features of the legal regime of townhouses 11599_1

Features of the legal regime of townhouses

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There are no Townhouses in the Russian legislation, therefore, when buying such a "almost-independent-home", it is necessary to be extremely attentive when issuing documents.

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What is Townhouse?

What do you impend when hear the word "townhouse"? Most likely, several connected low buildings with separate entrances. However, the study of the real estate market says that the Townhouse can be called a small separately worthwhile house. In the Urban Planning Code of the Russian Federation, a similar term is found in the sense - blocked development mentioned in the list of buildings whose design declaration does not require state expertise.

Signs that are inherent in such a dwelling:

  1. intended for living;
  2. no more than three floors high;
  3. consists of several blocks (no more than ten), each of which is intended for the residence of one family;
  4. Blocks have one or more common walls without openings with a neighboring unit or adjacent blocks;
  5. The structure is located on a separate land plot and has access to the common area (residential buildings of the blocked building).

In advertising prospects, you can read that if a blocked structure has a separate entrance, a garage and a parcelist, then it is called Lyunka. If the house has two owners and two separate entrances, it is customary to be called a duplex. His "brother" - Twinhouse, which is also intended for living two families, but, unlike duplex, the sections are not separated by the capital wall. Inside such a dwelling there are separate and common residential zones.

There is also a quadrojus combining four individual sections of the same type planning. All these names are only tracing with English, there are no them in Russian legislation. Despite the attractive and caressing hearing a potential buyer of the name, in documents that fix the fact of purchase and sale will be the name "Residential Blocked Building House".

Features of the legal regime of townhouses

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Townhouse decoration

The Department of Real Estate The Ministry of Economic Development offers to attach a blocked building to a multi-unit (in fact, the townhouse is the same apartment building, but "laid on the side"). In support of this position, it is possible to clarify the legislation of an apartment building as a set of two and more apartments with their own inputs. The entrance can also be organized through public premises on a common land plot adjacent to the residential building.

With this approach, when selling Townhouses, it is necessary to use the same norms as when acquiring a regular apartment in an apartment building. These rules are enshrined in the Federal Law of December 30, 2004 No. 214-FZ "On participation in the share construction of apartment buildings and other real estate objects and the amendments to some legislative acts of the Russian Federation".

The number of floors and sections in the blocked house (townhouse) is not limited; However, in order to obtain permission to such construction, it is necessary to carry out a mandatory long-term (up to 3 months) and expensive examination

This means that the village of Townhouses will have its own design declaration, which contains its full description (including the deadlines for the end of work), and will also be listed and all that should be built on the territory. The approved project declaration is a guide to action. Completion of construction The village is certified by permission to enter the object into operation, which is issued by the Executive Committee of the Relevant Municipal Education. After this section of the Townhouse can be put up for sale.

On the other hand, the Thausus section can be framed and as a separate private house. The maximum allowed number of floors of such a house is also equal to three, but the size of the site is unlimited. In this case, when making a deal, the buyer can offer to make a purchase, for example, through the conclusion of a construction contract. In this case, it is not necessary to compile and approve the project declaration, but the developer in this case should be extremely responsible to refer to the planning of the village. Otherwise, difficulties are possible when organizing water and power supply. The multivariate of the design of the documentation is inconvenient to the buyer, because any changes in the status of the Earth or the structure will entail the collection of new documents.

Features of the legal regime of townhouses

Photo: shutterstock / fotodom.ru

Earth status

What depends on whether the townhouse will be an apartment or house? First of all, from the status and appointment of land. From the point of view of the lawyer, the most suitable plot for the construction of the townhouse should have the status of the land of the settlement intended for low-rise construction (MZh Earth). The developer, at the same time, should be guided by SP 54.13330.2011 "Buildings of residential complexes" (SNiP 31-01-2003).

The built blocked house in this case will be multi-way. Every section will take place when selling as a separate apartment with its own entrance. The only minus - you will not be able to make land in the property. The site will belong to all owners of real estate on the right of joint (or share) property or third parties (if the land is leased). Then for any modification of the house or site (whether to plant a bush or setting a swing) it will be necessary to obtain the consent of the owners of all sections.

If the land near the townhouse is leased, it is not worthwhile to buyers. The long-term lease agreement is usually automatically prolonged, so the owners of the sections of the blocked house will not arise. Even when changing the owner (for example, if the land plot goes from the ownership of the city to the property of the suburban municipality), it is impossible to separate the land plot from the townhouse, since each household on the norms of the law should have some land that is necessary for maintenance and operation.

If the site is intended for individual housing construction, it can only be erected by a separate residential building with the number of floors no more than three, intended for the residence of one family. Such a house can be connected to other similar houses with walls, but neighboring blocks in this case should not have common premises (attics or basements).

Before buying, make sure that the site where the structure is located relates to the category of "Land of settlements" with a permit for low-rise construction (including blocked residential buildings)

Unfortunately, the lack of common premises adversely affects the cost of maintenance of the unit. Technically and cost-effective engineering communications for the whole house, make general waterproofing. If there are no common rooms, the costs of construction and maintenance increase (communications to each section will have to be administered separately). That is why the developers occasionally go to the flag, building on the lands left for the individual housing construction (Earth Izhs), according to the rules intended for apartment buildings.

In the contract of sale, the section is denoted as an individual house or section of a blocked house (other names of the name - block or block interface). In this case, the land plot near the section can be made in the property, and in the site to put a fencing.

However, there are some difficulties here. The minimum permissible size of the plot on which the individual house is allowed is mounted, is established by the municipality and is reflected in the General Plan. If the land turns out to be less, problems may arise when registering at home. The most unsuccessful option, if the developer built the townhouse on the land plot allocated for personal subsidiary economy. Then the construction can be attributed to illegal and a decision can be made about its demolition.

Despite the fact that the townhouse has its own legal features, it is a full-fledged housing, involving the design of a permanent registration for their inhabitants (if the sanitary rate of 6 m2 of the living area per person is observed, and the building has an official postal address)

Although if the developer and owners hurry, may have time to arrange the structure in a simplified manner (according to the "Country Amnesty") until March 1, 2018

Note that if you own the shares of the land plot, it is also taxed. The amount of the tax is equal to the product of the cadastral value of the site on its size (share) and the tax rate.

Features of the legal regime of townhouses

Photo: shutterstock / fotodom.ru

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Home maintenance

  1. Townhouse owner will have to pay:
  2. utilities supplied by supplying organizations;
  3. Content and repair of the general property of the village;
  4. Taxes and fees in accordance with current legislation.
Monthly payments can be calculated based on the area of ​​the house or site, or a fixed monthly payment can be set when the costs for the services provided are divided into all owners in equal shares.

The size of the tariff of payment for water, electricity, garbage collection is determined by municipal authorities. But the final amount of payment also depends on the resource-supplying organization, and from the management company the village. Townhouse area is more than an apartment, so electricity costs, water supply, heating will be more.

Operational costs (protection, cleaning, garbage collection) are determined by the specifics of building a village, the method of laying communications, the location of infrastructure facilities. Consider the management company can be changed. True, for this, its employees should be pretty much more pretty.

What to pay attention to the purchase of townhouse?

If you are thinking about buying a townhouse, pay attention to the following points. First, when the sections of the townhouse more than ten, and the floors more than three should have been conducted by the state examination of the project.

Secondly, specify which contract is proposed to be issued when buying a block, especially if the townhouse is still built (or built, but not commissioned). If you buy a block as an apartment in an apartment building, it is necessary to arrange a contract of equity participation in construction, the exception is the Townhouses under construction under construction. If you buy not only the section, but also the adjacent land plot, two separate contracts should be decorated - to the house and to Earth.

Thirdly, if the Earth is a general-purpose property, ask to make items that prescribe the degree of your freedom regarding the nearest site to your section (for example, you can make it impossible to the contract that you will deal with the flower beds or install the MANGAL, build a gazebo Or put street simulators. In this case, you will be practically equalized in the rights with the owners of individual sites, except to sell it.

Fourth, check the home accession project to engineering communications. If the townhouse is built on the lands of IZhS, communications must be individually charged in each block. If you can, visit similar villages, talk with their inhabitants. They will tell you about life in a "almost-home" much more than developers or developers.

Package of documents

If you buy a townhouse (ready or at the construction stage), the developer must submit to you the following package of documents:

  1. certificate of ownership of land plot;
  2. construction documents (development permit, project declaration, decree on approving the project planning project, construction schedules, commissioning of objects and networks);
  3. contract of equity (if the object is purchased at the construction stage);
  4. Technical conditions for electricity, gas, water, water disposal, adjacent to public roads (it is necessary to pay attention to the validity of the document, as well as how communication will be introduced into the house; electrical power released on the section);
  5. draft treaty with the management company.

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