Land acquisition

In order to correctly purchase a plot for individual residential construction, when choosing, you must rely on several factors at once:

• the presence of developed infrastructure or good transport links nearby;
• access to communications or the ability to carry them out easily.

You should also remember that a real estate transaction is a responsible step, so it should be carried out with trusted sellers. It is better if the plot is sold by its current owner or a real estate company with many years of experience.

On what category of land can you build a house and register?

Construction of a residential building is not possible on all lands specified in your question. When choosing a plot of land on which it is planned to build a residential building and further residence in it, it is necessary to take into account several circumstances.

The lands allocated for personal farming must be taken into account; they are divided into two categories: a land plot within the boundaries of settlements (homestead land plot) and a land plot outside the boundaries of settlements (field land plot).

The legislative framework

The main document regulating issues related to land plots is the Land Code of the Russian Federation. It stipulates the conditions for both the allocation of plots and the assignment of their category, as well as the conduct of various transactions related to this category of real estate.

Regardless of which property you should register in, the registration process is regulated by the following laws:

• Federal Law No. 5242-1 - reflects the need to obtain any type of registration (temporary or permanent);
• Decree of the Government of the Russian Federation No. 713 - displays the standard mechanism for obtaining registration;
• Art. 19.15 Code of Administrative Offenses of the Russian Federation - provides for the possibility of bringing to administrative liability in the absence of registration;
• Art. 322.23 of the Criminal Code of the Russian Federation - provides for criminal liability in case of detection of fictitious registration.

This list can be considered exhaustive, since it contains all the necessary information on the issue under consideration.

What is a private housing plot and is it possible to register there?

Otherwise, some difficulties may arise with government agencies involved in control in this area. There are many different subtleties and features. You should familiarize yourself with all of them in advance. Is it possible to register in an individual housing construction? Today, the issue of permanent registration for specific citizens is one of the most significant. At the same time, the question often arises: is it possible to register in an individual housing construction? Moreover, in the absence of your own residential building on the land plot. It would be best to work out this question in advance. Since the process itself is possible, but again there are a number of important subtleties and features. The main factor, the fulfillment of which is strictly necessary for registration, is the registration of property rights.

Registration in a private house

Depending on what kind of registration we are talking about and who exactly needs to register in the house, you need to pay attention to various nuances.

Constant

Registration in a private house entails the obligation to contact the passport office with a corresponding application, which is approved by the Order of the FMS.

The application must be accompanied by:

• documents that confirm ownership of a private house;
• written permission from the owner or a court order regarding the move-in - if registration is not required by the owner;
• passport, copies of all its completed pages, or the original birth certificate of a minor child - depends on who exactly needs permanent registration.

Additional documentation that may be needed during the registration process is the house register.

Temporary

Temporary registration may be necessary if the period of stay in another locality exceeds 3 months.

In the process of moving to another region, citizens must register in order to exercise their rights provided for by the Constitution of the Russian Federation.

Documents you must provide:

• Russian internal passport or birth certificate;
• Documentary confirmation from the owner of residential property - drawn up in writing.

For example, if we talk about a rented private house, then it is necessary to additionally provide a rental agreement.

This registration option is very common, even though registered citizens who are not owners have very limited rights in relation to the private home of others.

For example, registered citizens do not have rights in the process of dividing a house or during the sale.

We invite you to familiarize yourself with How to refuse to participate in the privatization of an apartment in 2020.

And yet, what rights does such registration in a private house give? All that a registered person has the right to count on is actual residence on the territory of the house and the ability to use the property located in it for the purpose of ensuring personal life.

In the latter situation, deregistration is carried out exclusively through a judicial authority.

The owner's permission is not needed if a minor child is registered, since by law he can be registered together with his legal representatives.

When deregistering a guest with a minor child, difficulties also arise, since it is necessary to additionally involve the guardianship and trusteeship authorities.

In unfinished

There are often situations where citizens are forced to live in unfinished houses.

An unfinished house implies documentary evidence of its commissioning. Some houses actually exist, they have communications, and therefore citizens have the right to stay in them.

However, according to the legislation of the Russian Federation, if a house is considered to be one that has not been put into operation, then it means that it is considered to be one that has not been put into operation. It is strictly prohibited to live in it, so there are no rights to obtain registration in it.

The legislation of the Russian Federation allows only the possibility of its implementation. For this reason, we can only talk about implementation if the unfinished house is not put into operation.

Read,

Is it possible to register in a gardening association?

.

Is it possible to register a child without parents? See here.

Registration of minor children is carried out exclusively by their legal representatives. Children under 14 years of age must be registered with their parents or guardians. In the process of obtaining registration, there is no need to obtain documentary permission.

If it is necessary to discharge the child from home in the future, it is imperative to obtain prior consent from the territorial representatives of the guardianship authorities.

Often, owners of private houses are forced to turn to the judiciary. In court, you will need to document the place where the child will be registered after deregistration.

In the absence of evidence, the judge has every reason to refuse deregistration. As for the mechanism for obtaining registration for children, it is not much different from that provided for adults.

A distinctive feature is that you do not need to contact the housing office, but rather go to the passport office, taking with you, in addition to the main package of documents, a house register.

If a citizen owns a private house on the basis of shared ownership, then he can register only on his part of the building. In this case, the registration will not show the entire house, but only part of it.

If part of a residential building is isolated from the rest, has its own entrance/exit, load-bearing walls, and so on, then you can register without the prior consent of other owners, otherwise you cannot do without it.

When moving and registering in a private house, the following advantages open up:

• lower utility bills;
• larger living space and the ability to expand it;
• own plot of land next to the house;
• privacy, no neighbors across the wall;
• the ability to freely have animals;
• availability of parking spaces.

There are downsides to the listed advantages:

• caring for the site on your own and at your own expense;
• mandatory land tax;
• poor transport accessibility;
• roads in private sectors are mostly only dirt roads;
• lack of required infrastructure;
• risk of theft

The amount of money spent on maintaining a private house is individual, unpredictable from time to time, and may exceed the cost of utilities in a city apartment. But with the desire and due effort, you can take your life to a qualitatively new level by registering in your personal home - subject to the listed rules and a mandatory extract from your previous place of residence, because in our country two permanent registrations are prohibited at the same time.

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Grounds for refusal

Registration means registration at the place of residence or stay. This responsibility falls on all owners and users of housing. Until 2020, only houses and other permanent structures were classified as residential premises if they were built on plots for individual housing construction (individual housing construction).

Federal Law No. 217-FZ changed this practice:

• the legislator differentiated the concepts of land plots for gardening and truck farming, individual housing construction;
• it is possible to erect permanent buildings for permanent or temporary residence only on gardening lands and individual housing construction (the intended purpose will be verified by title documents);
• Only temporary outbuildings can be erected on plots for gardeners, and registration in them is prohibited;
• a previously registered residence permit will remain valid even if it does not meet the requirements of the new law.

Reference! If the object does not fall under the concept of residential premises under the new law, its status will have to be changed. This can only be done if the land is owned and the object itself meets a number of mandatory parameters.

Even if the site is allocated for gardening or individual housing construction, in order to register citizens, it is necessary to confirm the compliance of the object with the conditions specified in Federal Law No. 217-FZ, the Town Planning Code of the Russian Federation, and the Housing Code of the Russian Federation:

• the land plot must be located within the boundaries of the settlement;
• the title document for the plot must indicate the category of “land of settlements” or “land of agricultural use”;
• the building must meet the requirements for a private residential building, i.e. be no higher than 3 floors and 20 meters;
• the residential building must be used for the residence of only one family, i.e. It is unacceptable to divide it into separate apartments;
• the facility must have a postal address approved by local authorities.

Registration is allowed even for unfinished objects. To do this, you need to confirm that the structure has a number of mandatory features - erected load-bearing structures, foundation, roof, floors, utilities.

Before the introduction of the new law, partnerships were divided into horticultural, gardening and country houses. Now only SNT and ONT. You cannot build residential buildings and register in gardening associations, but you can in gardening associations.

Owners of plots in SNT unite into a team to manage their property within the framework of the law. The chairman and members of the board are elected. The management resolves organizational issues and represents the interests of gardeners in controversial situations. A citizen over 18 years of age who owns real estate in SNT has the right to become a member of the partnership.

To register in a house built on a garden plot, you need to meet 4 conditions:

1. Cancel your previous registration.
2. Build a residential building.
3. Assign an address to the property.
4. Register the land and building in Rosreestr.

Before you start building a house on a plot, you should find out what category of land the property belongs to. If a building is located on protected or departmental lands, it is subject to demolition.

Registration is denied if the approved regulations are not followed:

• a building permit has not been obtained;
• no land surveying has been carried out on the site;
• no registration in the Unified State Register of Real Estate;
• no address assigned.

Violations can be eliminated and again apply to the FMS with a request for registration at the dacha. If the owner does not agree with the refusal of registration, he has the right to file a claim in the district court. The proceedings take about two months.

Is it possible to register on an individual housing construction site?

Any citizen can register for land under individual housing construction, but to do this, the allotment must have its own postal address, assigned if there is a residential building. As a result, the answer to whether it is possible to register on an individual housing construction plot will be the presence of a residential building on the territory of the plot.

Without a home

Some of the owners of their own plots for individual housing construction are interested in the possibility of registration even at the stage of designing their own home.

Unfortunately, at this step you will not be able to register at the site, since for this the following rules must be met:

• the site must be located in close proximity to a large populated area;
• on the territory of the allotment there must be a house with a floor plan obtained from the BTI;
• the home must also have an official registered mailing address.

It is worth noting that postal addresses are issued only for houses located in large populated areas. If the building is located on territory intended for agriculture, then it will not be possible to obtain an address for it. This means that you won’t be able to register in such a house.

About 80% of small settlements are located on agricultural lands. Registration in such areas is not possible. Therefore, you should pay special attention not only to the purpose of the allotment, but also to its location.

Find out,

Is it possible to build an apartment building on individual housing construction?

.

How to rent land for individual housing construction? See here.

With home

If the site belongs to individual housing construction, and all vital communications can be connected to it, then a house can be built on it. After completing all the necessary procedures, the building will receive a postal address, and its owner will be able to register there.

To obtain registration in a private house, in addition to the postal address, it is important to consider several more aspects:

1. The home must be the owner's only place of residence.
2. The building must be suitable for year-round living and recognized as a permanent structure.
3. Convenient access to the site must be organized.

If all of the above conditions are met, the citizen can begin the registration procedure.

Common truths, or studying the intricacies of land registration

By the way, at this point, again, there is a fundamental difference between the categories: depending on the intended purpose of the land plot on which the house is being built, the documents confirming the fact of its creation on the site differ. If for a house built on land intended for individual housing construction, such a document is a cadastral passport, then for a property built on agricultural land with the permitted type of use “for dacha construction”, the document confirming the fact of the creation of the house will be a declaration.

To begin with, let’s look at an example that is positive from the point of view of registration - DNP on the lands of populated areas. Here you can safely build your dream home and then register it. It is possible not to register, unlike a homeownership built on land for individual housing construction. That's a plus. Within the framework of our article, such a remark is not entirely relevant, but if you imagine that the plot is purchased not as an alternative to urban housing, but for seasonal recreation, and there is no special need for registration, it is quite reasonable.

Interesting: Pitfalls When Buying an Apartment on the Secondary Market with a Mortgage

Registration procedure

Depending on how exactly the decision was made to obtain registration, the mechanism of action may vary in 2020.

Through MFC

Registration in a private house through the MFC is practically no different from other options.

The algorithm is as follows:

1. Collection of the necessary package of documents.
2. Contact the nearest MFC office.
3. Submission of documents.
4. Waiting for the authenticity of the received documentation to be verified by authorized persons.

Based on the submitted documentation, authorized persons make a decision on granting registration at a specific address.

Additionally, it is necessary to pay attention to the fact that the MFC is only an intermediary between the applicant and the registration authority, and this has no influence on the time of registration.

other methods

The State Services portal is considered to be the best option, since in this case the contact with the registration authority will be minimal.

After completing the request on the website, you will need to appear at the appointed time at the registration authority and submit the original documents. Once verified, registration will be provided.

The main package of documents includes:

• an application that must be drawn up according to established rules;
• title documents for a private house;
• the applicant’s internal passport or birth certificate - depending on who exactly needs registration;
• permission from property owners to obtain registration - if necessary;
• house book – provided as additional documentation upon request of authorized persons.

If there is a need for temporary registration, then you additionally need to prepare a basis document, for example, a lease agreement.

Sample application

Drawing up an application is considered one of the key stages in the procedure for obtaining registration.

We suggest you read: Can a mother register with her child?

It must contain information such as:

• full name of the registration authority;
• information about the applicant;
• information regarding the place of registration;
• passport information.

It is strictly forbidden to make any errors or typos.

Before registering, a citizen should check whether he has a residence permit in Russia. If there is one, you should stop its action as quickly as possible. This can also be done while receiving a new registration. It is enough to fill out the departure form according to form No. 7.

An important nuance is that staying on the territory of the Russian Federation without registration is possible only for 7 days. Therefore, you should make sure in advance that the house is ready by the time the registration is removed. When registering, it is enough to fill out an arrival slip using Form No. 2.

After receiving the documents, employees of the Main Migration Department of the Ministry of Internal Affairs register the person at the new address specified in the application within three days.

This period can be extended to 8 days, but only in extreme cases. For example, when the recognition of a house as residential raises doubts among the authority’s employees.

It is also worth noting that a citizen’s passport may be confiscated for a short period of time. The document will be required in order to mark the new registration in a private house. Also, if necessary, a stamp will be placed on the termination of registration at the old address.

Is it possible to register at a dacha in Russia in 2020?

In particular, the essence of the project is reduced to the possibility of registration at the place of residence in a residential building owned by right of ownership and located on a dacha plot of land or agricultural land.

• the presence of a forensic examination on the possibility of year-round living - a solid foundation, walls without damage, compliance of communications with sanitary standards, thermal insulation of walls, protection from water;
• purpose of the land - gardening (documentary confirmation);
• location of the house within the boundaries of a populated area with social infrastructure;
• registration of the house in Rosreestr.

In this case, you can take advantage of the “dacha amnesty”.

When building a house according to an approved project, the presence of a technical passport from the BTI makes it easy to register the house as a residential premises. In particularly complicated situations, it is possible to formalize the procedure through the court

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Deadlines

The registration period does not depend on the exact method by which the required package of documents will be submitted.

The legislation of the Russian Federation does not establish strict time frames, however, according to generally accepted rules, the period does not exceed 3 days, provided that reliable information is provided.

If the applicant has not provided a complete package of documents, the period may be increased to 10 days.

Registration without the consent of the owner is not possible.

How is registration of children in a privatized apartment completed? Information here.

What to do if the individual entrepreneur has changed his registration address? Details in this article.

In the video about the possibility of registering

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• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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How to register in a private housing construction house?

Attention

Moreover, we are talking here about both the supply of water and its heating if necessary, and about drainage.

• Sewerage.
• Having a telephone connection wouldn't hurt either.
• Other costs.

All this needs to be brought to the house and it requires considerable investment.
We can also talk about carrying out land reclamation in one form or another. All this is called hidden cost. What is better SNT or DNP? It depends on your preferences and financial capabilities. The DNP talks about the fact that you need to pay more, but this gives a higher quality of life, a better quality of life and organization. Cottage community Eremeevo life (life) Its main disadvantage is difficulties with registration, but, with some persistence, they can be overcome.