Making a country house ownership

Registration of a country house opens up new opportunities for the owner: the object can be insured, sold, donated, bequeathed. The procedure depends on various nuances: the availability of documents for real estate, the category of land use, the location of the building. In this article, we will cover the procedure in general terms and pay attention to some of the subtleties that you will have to face.

You need to register a country house in ownership even before the start of construction

Do I need to register a house in the country

Home ownership – an important step because it will protect the right to property. In case of seizure of the land or illegal actions of a third party, you can receive compensation for the property. Registration of a house on the site will allow it to be alienated, including to sell it, in some cases - to obtain registration at the place of residence.

Another important aspect is to avoid drift. Any structure erected without title documents can be destroyed by a court or executive authority decision. The communications of the settlement (sewerage, gas supply) can be brought to the house.

Consider two options:

1. The facility is located in a horticultural partnership (SNT, DNT).
2. The building is located in a village (IZHS - village, hacienda).

Therefore, the first thing to start with the registration of a house in ownership – find out exactly where it is located. Some associations have long ago lost their governing bodies and are perceived as villages. Sometimes the building located near the ST, formally refers to the lands of settlements. The territorial location is recorded in the certificate of state registration of the land plot.

Attention! The simplified registration procedure applies only to houses located in SNT, DNT. For the construction of a structure on the land of IZHS, permission from the local government is required.

What documents are required

According to article 8 of the Federal Law No. 218 "On state. registration of real estate ", garden house - the purpose of the structure. This type of intended use is assigned only if the building is in a partnership (on the lands of SNT, DNT). At the same time, membership in the partnership is optional, a certificate from the chairman is not required.

Documents for registration of a house in ownership, if the site belongs to SNT, DNT:

1. Construction project.
2. Extract from the USRN, confirming the ownership of the land.
3. Notification that the facility being built meets the city planning requirements.
4. Passport of a citizen of the Russian Federation.
5. Technical construction plan (ordered after completion of work).

If the structure is located in a settlement, the general procedure for registering the title to the real estate object is applied. It is possible to legalize an unauthorized structure on the lands of individual housing construction or private household plots only in court.

House registration procedure

How to arrange a dacha as a residential building, an algorithm for a partnership:

1. prepare a construction project;
2. submit a notification through the portal of public services;
3. carry out construction;
4. order a technical plan from a cadastral engineer;
5. send notice of completion of construction.

Important! Based on the current legislation, the documents necessary for registering a house in ownership must be collected as the task is completed. That is, a notice of the start of construction is sent before the start of work.At the same time, even if the structure has already been erected, you can go for a trick and pretend that construction has not begun (it will be relevant after 03/31/2021).

Until that time, you can take advantage of the dacha amnesty and a simplified procedure for registering a house in ownership. There are nuances with the confirmation of ownership of land, if there are no documents on hand. It is best to contact a law firm to resolve these issues.

Example. After the death of his mother, citizen G. actually inherited, formalized the ownership of all property, with the exception of the SNT site. Subsequently, he wanted to build a cottage, but there was no title deed. It took an appeal to the court with a statement of claim to recognize the ownership of the land plot.

Dacha amnesty and its terms

In Russia, since 2006, a simplified procedure for registering real estate in garden associations has been in effect. The dacha amnesty for registering a house has been extended several times. Currently, the deadline for paperwork is March 1, 2021. It is possible that he will really be the last, and after this date you will have to go to court.

The amnesty assumes a simplified procedure for registering a house: only a technical plan and an act of ownership of land are required. Papers are submitted to the local branch of Rosreestr through the portal of public services or through the MFC, the procedure will take at least 9 days. All types of structures can be registered: cottages, garages, baths, household buildings.

The main condition: they must be on the lands of SNT, DNT. Please note: the "dacha amnesty" allows you to legalize and the plots themselvesif they were provided to citizens before 2001. To do this, you must contact the local authorities with a corresponding statement.

Will the unauthorized construction be demolished after the "dacha amnesty"

The question that interests the owners is the further fate of their cottages. Demolition of structures in those areas that are of interest to investors. And in the risk zone - not only the Moscow region, but also the Leningrad region, as well as other locations where you can potentially make money.

All kinds of "bear corners" located far from settlements are unlikely to interest the authorities. But do not forget that the absence of a document confirming the ownership of the land (and the structure) gives the state the opportunity at any time to withdraw the land for its own needs. Therefore, it is better not to take risks and spend your time and money on legalizing the object.

Where to go

In the above procedure, the registration of a house on a land plot in ownership can be made through the portal of public services - remotely. The applicant can personally or through a representative contact the MFC serving the territory. A proxy will need a power of attorney.

To draw up a technical construction plan, you must leave an application with the BTI authorities to which the partnership belongs. The easiest way to find an office on the Internet is to fill out a form there.

Reason for refusal to register

According to Article 26 of the Federal Law No. 218, the registration process is suspended if a notification has been received that the structure does not comply with the requirements of the town planning legislation. The grounds for its issuance are provided Part 20, Article 55 the corresponding code of the Russian Federation.

The most common reasons for refusal are problems with land documents (invalidity of papers), land (has an area exceeding the maximum), construction (norms were violated during construction). Some shortcomings are fixable, others are not. So, it is possible to confirm the ownership of the land plot in court, the disputed object can be moved further from the border.

Reasons for refusing registration

It so happens that the owner owns two plots, and the building is located on both. The object cannot be registered both there and there.A procedure for combining plots will be required (if their total area does not exceed the maximum allowable parameter). Refusal to register can be challenged in court.

Registration of a country house without documents

Among the issues that the owner of the building may face is the lack of a document confirming the ownership of the site. It's good if it's just lost - in this case, you can restore it.

It is worse if such a document has never been issued or refers to another person. In this case, recognition of the ownership of the site in court will be required (the process can be very delayed). Above, it is indicated what documents should be in the country, and in their absence, the registration process becomes impossible.

The cost

To find out how much it costs to register a house on the site, Let's calculate the mandatory and optional costs for the Moscow region:

1. Building design - from 3 thousand rubles.
2. Cadastral engineer services - 15 thousand rubles.
3. State duty for registration of property rights - 350 rubles.
4. Possible intermediaries - from 5 thousand rubles.

Thus, the obligatory expenses for the Moscow region will amount to 15350 rubles, taking into account additional - about 25 thousand. The cost of the technical plan depends on the region and prices in the BTI. In some regions, the price can be only about 5 thousand rubles.