From March 1, 2019, a change in legislation, determining the course of registration of real estate, entered into force. We tell how the registration of documents for the country house is now being.
All about the registration process
Do I need to register the houseWhat is the process of registration
- If construction is only planned
- If the house is built without permission
The same structure on six acres can be considered a residential or non-residential. This status is necessarily indicated in the statement of EGRN certifying the ownership of housing. In the first case, the structure can be prescribed and live on a legitimate basis as in the urban apartment. In the second - no. In the first there are sanitary and technical standards and standards for residential buildings. In the second, the construction is considered something like a gazebo or barn. Previously, for each of these cases, it was required to arrange the paper appropriate to him, but from March 1, 2019, a change in the urban-planning code was entered into force, which indicates how to register a house in the country area.
Now for both cases the same procedure is envisaged. The decision takes the same organs on the basis of the same data set. And it is logical. The most important criteria are the location of the building and its height. If a high construction sunbursts the neighbors view from the window, covering light, rest and accommodation becomes less comfortable. If facilities are too close from each other, this is also a little pleasant, especially if there are windows in the walls. And it does not matter what causes the inconvenience - the cottage or garden structure. There is a universal regulation in height and location that must be observed.
Height, area, location and other parameters are indicated in GOST and SNIPS. Deviations from standards can become a threat to life and health.
Do I need to register a house on the country
Legislation does not oblige to mandatory registration, but without it will have to face the inconvenience. For example, on the housing, which is not for the documents, it is impossible to register.
Water and electricity is allowed to carry out the territory where there are no buildings, but a copy of the right of ownership of the object of capital construction will be required to connect gas.
If property does not exist in a legal sense, it cannot be sold. Only Earth is bought and sold in such situations, even if it costs an expensive three-storey cottage with all amenities or an old log house, in which not one generation has grown. It can be included in the price, but it will be more difficult to negotiate with buyers. Now everything is customary to do by law. In addition, this circumstance adversely affects the price. Therefore, in front of the owner of such housing, who wishes to make a deal, it is unlikely to rise the question - why register the house in the country area.
Inheritance, if the real estate is not framed, only the territory is divided. Include the construction in the hereditary mass will not be possible. Of course, the problem is solved with oral agreement, but such agreements are unreliable, and if the new owner decides to legitimize their living space, other applicants may prevent him that are the same legitimate owners.
What is the process of registration
First of all, it is necessary to determine the terms. Federal Law of 03.08.2018 No. 340-FZ "On Amendments to the Urban Planning Code of the Russian Federation ..." A new concept is introduced - "an object of individual housing construction". It is customary to use the reduction - "ILS".
An object of individual housing construction is a separate building with the number of above-ground floors not more than three, not more than twenty meters high, which consists of rooms and premises of the auxiliary use intended to meet citizens of household and other needs related to their accommodation in such a building, and Not intended for a section on independent real estate objects.
As it follows from the definition, they include buildings intended for permanent residence. This status can be assigned to any construction in accordance with its compliance with technical and sanitary standards, operating for residential buildings. Veternative type of land use - garden house. It may well be a log house from thick logs or cottage, not decorated as a residential building, with reinforced concrete foundation, water supply and heating, but as a rule, such a kind is not designed for year-round accommodation. The exact definition is contained in the federal law "On the conduct of citizens of gardening and gardening for their own needs ..." of July 29, 2017 N 217-FZ.
Located on the garden land plots of the building, facilities, information about which was made to the unified state register of real estate until the day of entry into force of this Federal Law with the appointment of non-residential, seasonal or auxiliary use intended for rest and temporary stay of people who are not economic buildings and garages, They are recognized as garden houses. At the same time, the replacement of previously issued documents or making changes to such documents, the records of the Unified State Register of Real Estate regarding the names of these properties are not required, but this replacement can be carried out at the request of their right holders.
Information about what kind of or another is the construction, it is displayed in an extract from EGRN.
Registration is possible if the house is already built, as well as if it is only to be issued. Economic, household and auxiliary buildings do not need legalization and simply noted on a land plan.
If construction is only planned
According to Article 51.1 of the Town Planning Code to the garden partnership or the village administration, or the village, you need to send "a notice of planned construction or reconstruction." It should be specified:
- Passport details of the owner;
- cadastral number, address, or description of the location;
- information about the rights of the owner and other persons, if any;
- information on the type of use;
- project data;
- Information that the object is not intended for the section;
- Contact details.
Notifications need to be attached:
- an extract from EGRN or another guide document;
- power of attorney if all actions are instructed to fulfill the representative;
- Land diagram. If it is within the boundaries of the territory of the historic settlement, it will be needed by its image, including its facade. The graphic part must be supplemented with a text description, which indicates building materials, sizes, color and other characteristics.
You can send securities both through MFC and directly into the organization engaged in coordination and issuing permits. Consideration of the application takes no more than seven working days. If the specified parameters comply with the current standards and standards and do not violate the law N 73-FZ "On the objects of cultural heritage ..." The Commission takes a positive decision and issues a "notification of the compliance with the established parameters and admissibility ... ", Allowing you to start construction work. Before submitting documents for registration of the house on the land plot, it is also necessary to find out if it is in the water protection or sub-aroderous zone. If so, the list of necessary securities can replenish historical and cultural expertise, permission from Rosrybolovy and Rosaviation.
Data that is served to match must be valid. If an error is detected at the end of construction during the inspection, the Commission deems it necessary to remake the structure, or to demolish it. To insure from the failure, it is better to apply to a design and technical organization that will help develop a project, taking into account all the nuances and correctly compile a notice of planned construction. Acting on such a scheme, you can save not only time, but also money that will have to spend on correcting non-compliance with technical standards and rules.
If all papers are in order, there are no contradictions by legislation and technical standards, the developer receives a notification of the compliance with the established parameters, which makes it possible to begin construction work.
When the building is already built, it is necessary to prepare the techplan for him, on the basis of which it will be formal. To compile it, the cadastral engineer is called. Then it will be necessary to pay the state duty for the registration of ownership of 2000 rubles. After that, no later than a month after the construction work, the TechPlan should be transferred to the district administration together with the receipt of payment of civil servants and the notice of the end of construction, where the parameters of the built building should be indicated. The diagram of the site is also attached to it. The commission will decide for seven working days. Now she will already have all information about the area, the height of the structure, about its location and other important parameters. With their compliance with the legislation, all regulations and discussed documents will be positive. Otherwise, the construction will have to lead to the proper form or demolition if the reconstruction is impossible.
If there are no contradictions with legislation and technical standards, the staff transfers papers to the Rosreestr, where the final design of property rights occurs, and give the owner notice of conformity. The new extract from EGRN is issued to the IFC either in Rosreestre. Cadastral registration takes from 5 to 12 business days.
If the house is built without permission
Questions regarding self-employment are regulated by Article 222 of the Civil Code. There is also a list of cases in which the building is considered unauthorized. If it meets the current standards and legislation, it can be legalized. If not - it will have to demolish or eliminate disorders.
The law excludes the possibility of using such real estate and prohibits any operations with it. It can not be sold, make it coming to rent or give it. It can be submitted in two ways:
- submitting a statement to the commission of the preventiveness of unauthorized construction asking for the preservation of the structure;
- Through the court, if the commission responds with refusal.
The simplified registration scheme of the house on the land plot IZhS acted until March 2019, but now its term has expired.
The land on which the illegal structure stands should be owned by his future owner. This is one of the conditions for adopting a positive decision by the Commission when considering the application. A variant with land rental on certain conditions is also possible. The type of construction must correspond to the appointment of the Earth. If it is located on the security area, it is also necessary to take into account.
The actions algorithm may differ depending on where the construction is worth, and what it represents.
For the Garden House on the territory of the SNT, the list of actions will be like this: through EGRN, it is necessary to order a techplan. This paid service and receipt must be saved to enable it in the package package that will be transferred to. Payment is made in MFC. In the same time, Techplan, together with the receipt and a statement for registration, is transferred to approval. The result will be known within 12 business days. With a positive response, the possibility of registration will appear. With a negative one should apply to the court at the place of residence. To get a technical plan for an IZhS object, an engineer from EGRN will have to provide permission to build. To get it, you need to make a request for the provision of a town-planning plan for the land of GPPU. Together with the scheme of the site and the application, it is submitted to approval.
With a negative solution, you will have to apply to courts. The claim for recognition of the right to possession is drawn up. It must contain the following information:
- Information about whether the territory is personal ownership or is in long-term lease - the data is contained in an extract from EGRN;
- Does real estate applies to ILS, or this is a garden house;
- data on the face, initiated construction work;
- the start and end date;
- a copy of the contract with contractors or checks for the acquisition of materials, if the owner did everything with his own hands;
- Information about which organization and what basis has given a refusal. It will be necessary to provide a refusal letter.
In court it will have to provide the following package of documents:
- copies of all notifications and applications obtained during the coordination;
- Expert conclusion to assess the state duty. The amount depends on the sets of factors and varies widely;
- papers establishing land ownership;
- Techplan, if it was already time to arrange;
- certificates and conclusions talking about the compliance of the construction of current sanitary standards, as well as that the structure does not constitute a threat to the life and health of others.
If the court satisfies the lawsuit, to register, contact Rosreestr directly either through MFC with the following package:
- judicial decision entered into force;
- application request to register property object;
- receipt of payment of state duty;
- Powerport
You need to be prepared for the fact that the costs will make a considerable amount, and even an experienced expert at the initial stage will not determine how much money will have to spend. If the universalized erected construction does not correspond to any generally accepted standards and is a threat to the life and health of people, it will have to rebuild it or demolish it. It is possible that a penalty of several hundred thousand rubles will be discharged. In some cases, the owner who did not fulfill the prescriptions may lose his own land.
Register the house on the land plot, if it is only built, can be in the same way as the completed. It does not matter - old he or new and which category applies. Article 130 of the Civil Code states that under real estate are meant including unfinished objects. Article 222, dedicated to self-employment, talks about buildings and other types of real estate.
Sanctions against "Samoles" have some borders. Demolition is not subject to facilities, erected before the adoption of the Land Code, if the ownership of land failed to prove. It is also prohibited without prior approval to demolish the buildings built before the entry into force of the Urban Planning Code.