Is it necessary to register a garden house in SNT in 2020?


How to properly register a house on a garden plot in 2020

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

  • construction permit issued by authorized bodies;
  • act on putting the building into operation;
  • documents containing technical and cadastral information;
  • documents for the land plot and buildings previously registered;
  • applicant's passport;
  • fee payment receipt;
  • statement.

Procedure

The sequence of steps required to register a house in a non-profit garden or dacha association begins with registering the land.

Registration of a site


It is necessary to contact the service of cadastral specialists, draw up a site plan with their help, and fix the boundaries (delimitation).

The SNT board should:

  • obtain a certificate of actual ownership of land in the partnership;
  • certify a photocopy of the membership book;
  • general plan;
  • a certified duplicate of the minutes of the general meeting, according to which the owner was accepted as a member of the partnership.

You should contact Rosreestr or MFC with documents for land ownership and cadastral plan, where the procedure will be carried out.

Collection of documents for construction

To obtain ownership of a building and register it as residential, you will need to prepare:

  • passport of the future owner (original and copy);
  • package of technical documentation for the house;
  • construction documentation (permit, act of putting the building into operation) or declaration;
  • an extract from the Unified State Register of Real Estate (the document is an analogue of a certificate of title) for the land plot;
  • if the land is not registered, then instead of an extract from the Unified State Register of Real Estate, you are required to submit a document - the basis for ownership of the plot (certificate or certificate of availability of the plot in the SNT);
  • household extract (the document is taken from the municipality);
  • cadastral documents for land (if it is not registered);
  • receipt of payment of the duty.

If the building meets the criteria for the residential building category, the above documents will be sufficient to obtain a positive result.

The set of documents for registering a residential building on land, the right to which was obtained after 2001, is similar. The only difference is that construction permits are required. Otherwise, the house can only be put into operation through the court.

Rules for registering a house under the dacha amnesty in Russia in 2020

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

It is worth noting that registration of constructed buildings is mandatory. If, as a result of the inspection, unregistered buildings are discovered, then, at best, the violator will have to pay a fine of 4,000 rubles and carry out privatization.

Registration of a house in SNT as property 2020

  • document granting a construction permit;
  • a signed act for putting the country house into use;
  • original and copy of receipt for payment of state duty;
  • civil passport or other document that can verify the identity of the future owner;
  • documents containing as much information as possible regarding the country house, as well as other buildings on the land plot (all documents in duplicate);
  • documentation (both regarding land and buildings) that must be completed before this stage.

Provided that the illegal structure is still registered in the documentation of the gardening partnership within whose boundaries it is located, the process of legalization for it will most likely take a more simplified route.

Permission to build a house on a garden or dacha plot, SNT or individual housing construction

Today many people dream of settling into their own country house. However, to achieve such a dream you will have to work hard. It is necessary to prepare various documentation, purchase materials, find builders, and choose a location. You can’t build buildings in just any place you like. We will discuss in detail below what lands you can build a house on in the current 2020 (even without permission!).

On what lands is construction allowed?

Residential buildings with the ability to register in them without any problems are located only on plots of land in settlements. They are allowed to be used for individual construction (individual housing construction) and personal subsidiary plots (LPH). With agricultural lands, things are more complicated. When the land for private household plots is located outside the settlement, it is considered a field settlement and construction cannot be built on it.

If this deadline is missed, then the only way to achieve recognition of the house as a legal construction is in court. That is, it is necessary to prove that the object complies with urban planning standards, does not threaten the safety of citizens and is built on the legal land of the homeowner and, of course, the site is intended for the construction of housing. Then you can go to Rosreestr with the court decision.

Yes, you can. The law introduced a special transition period

.
Already during the construction process, construction activities can be coordinated. If the gardener began his construction before 08/04/2020, then he can submit a notification up to 03/01/2020
. And then it will not be taken into account that construction is already in full swing.

How to convert a garden house into a residential one

3. Fill out and send to the local administration a notice of completion of construction . It is sent no later than 1 month after the construction is ready

. It can be submitted in person to the municipality, through the MFC, by mail (registered with notification), through the State Services website.

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Until the end of 2020, houses on garden plots could be registered very simply: all that was needed was a title document for the land and an application. Since the beginning of 2020, Federal Law No. 218 “On Real Estate Registration” requires the mandatory presentation of a technical plan of the house.

You will be surprised, but the neighbor is not lying. Indeed, on the one hand, houses on garden plots now require notifications, just like individual housing construction. But at the same time, a clause has been added to the law on real estate registration that still allows you to register houses on garden plots as your own without obtaining a building permit or even sending a notice. But here a number of conditions are needed:

Why was the dacha amnesty extended again and what is its meaning now?

Owners of country plots have many questions about the dacha amnesty, which has been extended again: from August 2, 2020 to March 1, 2021. The new dacha amnesty is different from what it was before - this term combines a number of different laws. Yes, as before, it all comes down to the fact that registering real estate will be cheaper and easier, but everything is quite complicated, and most importantly, the amnesty has not been extended for everyone. We have prepared cards that explain the conditions of the 2020 dacha amnesty.

  1. organizing the supply of partnerships with heat and electricity, water, gas, sewerage, fuel supply
  2. financing of complex cadastral works in relation to cadastral quarters, within the boundaries of which horticultural or vegetable farming areas are located
  3. gratuitous acquisition into state ownership of a constituent entity of the Russian Federation or into municipal ownership of public property (roads, power grid facilities, water supply, communications and other objects) located within the boundaries of the territory of gardening or truck farming - in accordance with statements of the partnership or participants in common shared ownership of the property common use property
  4. provision of priority state and municipal support to citizens entitled to extraordinary, priority or other preferential acquisition of garden plots
  1. eliminating situations of “pulling” advantages in the use, for example, of a transformer booth owned by one legal entity and a fire reservoir owned by another legal entity, that is, located on the territories of different legal entities (partnerships), but providing electricity and water to each of these partnerships
  2. establishment of legal relationships between partnerships for the use of engineering infrastructure and public areas
  3. management of common property within the boundaries of the gardening or vegetable farming territory can be carried out by only one partnership

Dacha amnesty for a house in SNT: how to register a house

It’s even better if your summer cottage has its own garden or vegetable garden. Your own vegetables and fruits grown in the fresh air, without chemical impurities and additives, are the key to health. Today, people are devoting more and more time to their health and an active lifestyle, and such education in the form of its own plot is a real storehouse of useful properties.

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Now it’s worth making a reservation about what SNT is. The abbreviation SNT stands for “garden non-profit partnership” . Of course, land plots located in SNT also fall under the influence of the dacha amnesty. That is why all the rules regarding the dacha amnesty apply to them.

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.

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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”;

Decorating a house in SNT

Any garden house requires registration. Otherwise, it will not be possible to sell it, donate it, leave it as an inheritance, etc. The dacha amnesty allows you to register a plot of land as quickly and simply as possible. Privatization of a land plot is impossible if it is located in an area protected by the state. Also, the procedure is not carried out if it is excluded from land circulation.

  • plan, passport, cadastral number of the building;
  • descriptions of building characteristics;
  • statements from the owner;
  • title documentation for property;
  • receipts with paid state duty - payment must be made for registering the building and land plot;
  • a document confirming that the building was actually built;
  • the owner’s passport or power of attorney for the person who manages his affairs.

Registration of a house in a gardening partnership

The prepared documentation and application are submitted through the MFC, in person or by post. In return, when submitting to the MFC, you will receive from the operator a list of accepted documentation, the registration period and the date of issue of the statement completing the registration procedure.

  • the owner’s rights to dispose of property in full, and this is sale, donation, inheritance, pledge, lease;
  • marking the boundaries of a land plot in kind, reducing the risk of conflicts due to demarcation with neighbors;
  • simplifying the connection of gas, electricity, heat and water supply networks.

How to properly register a house on a summer cottage

Registration of a residential building has its own nuance, regardless of where it is located, the building must be recognized as suitable for human habitation both in summer and winter. For this purpose, an interdepartmental commission is invited to the site.

In 2020, the law underwent certain changes. They are due to the fact that the law “On State Registration of Real Estate” came into force. Its development has been going on since 2020. The process of registering both country houses and apartments has been greatly simplified and has completely lost territorial attachment. Although some aspects related to the registration of a country house will become burdensome for the owners.

How to register at a dacha or SNT from 2020

There are no obstacles to registering at your place of residence. Moreover, even previous prohibitions are erased. That is, previously it was possible to move into summer cottages on a permanent basis only in a “residential building”, but not in a “residential building” (it is only for temporary stay, seasonal housing). Now there is no difference between a residential building and a residential building. All these dwellings are suitable for full registration.

Possible life situations

But in dacha societies it was possible to have a “residential house”. A permanent building was being erected; at the request of the summer resident, a municipal commission was created, which recognized the house as suitable for habitation. Further, such information was entered into the cadastre and Rosreestr. After which you can register in such a house, either temporarily or permanently. True, it was very rare to successfully pull off this business. Basically, the “registration” issue was resolved through the courts.

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While registration of auxiliary and outbuildings can be delayed, registration of a residential building is a mandatory procedure that cannot be avoided if you plan to permanently live in such a house.

There is a very important note for those planning construction in SNT. When constructing a garden house, it is necessary to comply with boundary distances and other urban planning requirements. After all, a building that violates the norms, even registered in Rosreestr, can still be declared a self-development. The administration has the right to demand the demolition of such a building in court.

Is it necessary to register a house on a garden plot?

On August 2, 2020, the law on the extension of the dacha amnesty No. 267-FZ came into force. This means that owners of garden plots, until March 1, 2021, can forget about receiving notification of compliance with acceptable parameters and other inconvenient issues regarding the coordination of the location of the facility with local authorities.

Since the beginning of 2020, Federal Law No. 217 of July 20, 2017 “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” has come into force, which has made significant changes in the lives of summer residents.

The procedure for registering a house in SNT in 2020

If a letter is returned because it was not delivered to the recipient, then cadastral chamber employees are required to give a corresponding announcement in the media. After this, you can set boundaries.

If the owner needs to register at the specified address, then the house must be recognized as residential. What does this mean? It must have all the necessary communications, protection from precipitation, serviceable structures, etc. The decision to recognize a property as residential is made by a special commission. If the house is not recognized as suitable for habitation, then it will be impossible to register in it.

What documents do we provide for approval?

There are a number of requirements for the premises in which we are going to register. The legislative status of houses that are built on the land plots of summer residents is individual living quarters. But to obtain this status, buildings must meet the following conditions:

  • Capital construction is required, which involves building houses on a foundation. Constructed walls, roof, interior work - everything is taken into account.
  • The land plot is owned by an individual. Registration of residence in real estate located on the site on the basis of a lease agreement is not allowed. In this case, it is taken into account that the land is considered as the property of SNT, registration in accordance with the established rules is impossible.

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Therefore, before registering citizens, we check whether the land plot is privatized.

It is important that the land under the building should not belong to agricultural land. On land plots of this status, registration of citizens is prohibited.

Therefore, we pay attention to the legal status of the land where the house is located. The legislator has provided additional requirements for dacha buildings of citizens. It is imperative to have the necessary communications that will allow you to live all year round. We equip the house with insulation devices. We connect water supply and electricity.

Heating does not have to be gas. Other methods of insulation are allowed. This will not prevent the house from being granted residential status.

Also, a condition for recognizing a house as residential is its location in a populated area. If the property is located outside populated areas, although it meets all legal requirements, it cannot be considered suitable for habitation.

The presence of a house water supply is not considered as a prerequisite. It is allowed to use a well with potable water. There is no provision for the use of imported water only.

Documents of ownership of such buildings are not issued, since there is no address. Registration registration without property documents is impossible.

How many residential buildings can be registered on SNT lands

Now the legal regime of a garden plot provides for the possibility of erecting a residential building on such a plot, rather than a residential building. And accordingly, in the technical plan of a real estate object built on such a site, “residential building” should be indicated.

The house meets the definition of a residential premises; such recognition is usually obtained in court based on the findings of an expert construction commission. The main attention is paid to the strength of the foundation and supporting structures, the heating system and protection from the cold throughout the year, the presence of necessary communications in the garden or country house. If you have a legal basis (court decision) for registration in a country house, you will need to do the following: Apply visit the organization involved in registering and deregistering citizens and write an application, fill out the necessary papers Provide employees of the state organization with a package of documents for registration in SNT, the list changes depending on the situation, on who the owner or other person will be registered, etc. .

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Dacha amnesty extended until 2020: how to register a house in SNT

  • notification of the planned construction or reconstruction of an individual housing construction project or a garden house -;
  • notification of compliance of the parameters of the individual housing construction and garden house with the maximum parameters of permitted construction from the local administration.

Documents for registering a house under the “Dacha Amnesty”

  • notification of completion of construction;
  • technical plan of the individual housing construction project;
  • in case of shared ownership of a plot of land, it is required to submit an agreement on determining the shares in the built house;
  • payment document confirming payment of state duties.

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The quota applies to citizens who began construction before August 4 of the year. They must submit notice by the end of the year. Order of the Ministry of Construction of Russia dated September 19. The procedure is possible if the following conditions are met:. The municipality may additionally require:. Requirements for the use and organization of land for construction are specified in SNiP. They are obliged to be fulfilled by persons planning construction on a summer cottage. Domestic buildings are located based on sanitary standards that are legally established for the construction of a residential building on one’s own summer cottage.

How much does it cost to register a house on a garden plot?

There is only one significant drawback of such innovations - the possibility of registration only in conjunction with cadastral registration. This involves the need to contact a cadastral engineer and enter the object into the register, which involves additional costs.

This is explained by the fact that MFC employees act only as intermediaries; they need time to send the received documents to the registration authority and receive them back. Therefore, those for whom the deadline is important can register their country house through Rosreestr, and not at the MFC.

How to register your own country house in 2020 - step-by-step instructions

Unauthorized construction of a property on a garden plot is not a reason to consider it property. It is transferred to this category only by registering a country house with the appropriate service and receiving a cadastral number. Registration of a garden house as a property makes it possible to carry out many legal transactions with this property - donate, exchange, inherit, insure, use as collateral for lending and obtaining a mortgage.

The second step is paying the state fee. Payment details will be provided directly by the authorized body - a branch of Rosreestr or the MFC. Here you can find out what documents are needed to carry out the operation of registering country houses, garages, outbuildings and other buildings located on the garden plot.

Conference on the topic: registration of houses before March 1

  • According to the provisions of 217-FZ, the types of permitted use of land plots are: “for gardening” and “for dacha farming/construction”, etc. will be recognized as equivalent, and these land plots will be garden plots.
  • Buildings located on garden plots of land, information about which was entered into the Unified State Register of Real Estate before the entry into force of this Federal Law with the designation “residential”, “residential building”, are recognized as residential buildings. In this case, replacement of previously issued documents or amendments to such documents, records of the Unified State Register of Real Estate regarding the names of the specified real estate objects is not required, but this replacement can be carried out at the request of their copyright holders*.

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The construction of capital construction projects on garden land plots is permitted only if such land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction.

How to register a house on a plot in SNT

Nevertheless, registering ownership of a country house has undoubted advantages: Thus, the answer to the question of whether it is necessary to register ownership of a country house is positive. But if the owner does not plan to dispose of the building or is not worried about the problems that may arise, country houses do not need to be registered.

The category of real estate subject to registration includes the following objects: Thus, the procedure for registering a country house on a plot for gardening or individual housing construction does not take much time and does not require collecting a large number of papers.

Contents of Russian Federation Law No. 217-FZ

The State Duma adopted Law No. 217-FZ on July 29, 2020. In accordance with the provisions of this legislative act, the activities of gardening and vegetable gardens are regulated, and relations between citizens in this area are regulated.

Please note that the new law does not provide for the concept of a dacha. The provisions of the law provide for partnerships of citizens - gardeners and gardeners.

These are citizens' unions in the sphere of personal households. Legal relations arise if they cultivate the land on which the house is located. Features of registration in a house depend on what type of premises it is - a country house or a residential building.

Is it possible to register citizens in garden houses?

Registration in houses of this type is prohibited by law. Garden houses are not equipped for living throughout the year. According to their technical characteristics, they belong to seasonal buildings and are considered as part of personal land. Registration of these buildings is not provided.

If a citizen applies for registration in such a house, a government agency will legally refuse him registration.

Is registration provided in country houses?

Registration in such houses is permitted if the houses meet legal requirements. Is it possible to register? At the dacha site, when registering, please note:

  • for the availability of communications necessary for life - water, electricity, heating, equipped sewerage;
  • whether the houses are registered in accordance with the established procedure.

If the country house meets the above requirements, you can apply for registration on a permanent basis. There are no significant differences in registration by region of the country. Is regional registration possible in SNT? In the Moscow region, Sverdlovsk and other regions, there is no separate procedure. Registration is carried out on a general basis.

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What documents are needed for registration in SNT

The legislation provides a list of documents for registration of citizens. To register in a country house you must have:

  • the house was built in accordance with technical requirements;
  • availability of documents on ownership of such a house;
  • confirmation that the home is located on lands where construction is permitted;
  • a petition of the established form, which is submitted to local bodies of territorial departments on migration issues; they can be located in the premises where the regional passport offices used to be located.

Documents submitted with the application are: copies of a passport, certificates of personal ownership of real estate. Citizens do not always have the necessary documents, in particular legal documents. There is a procedure for registering real estate in accordance with the established procedure.

How much does it cost to register a house on a plot

  1. Submit a complete package of necessary documents to the territorial office of Rosreestr.
  2. Fill out the standard application form, which will indicate a request to register the plot of land in the name of the applicant.
  3. Pay the state fee established by law.
  4. Wait for the examination, as well as a thorough analysis of the provided documentation.
  5. If the decision is positive, then in this case it will be enough to wait until authorized employees of state bodies put the appropriate mark on this property in the state register.

After certain adjustments were made to the Land Code in 2020, the procedure for registering garden and summer cottage plots as private property was significantly simplified if this property is located on the territory of the corresponding cooperative. In particular, it is possible to privatize a land plot according to a simplified scheme even if it was received after the specified date.

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How is a house recognized as residential?

To register citizens in the SNT house, the house must be recognized as residential. The decision is made by local authorities. The decision is made on the basis of the applicant’s petition and the attached documents. The main requirement is that the residential premises comply with the requirements of the Housing Code of the Russian Federation.

An authorized commission of a local government body examines the house for compliance with housing standards. Makes a decision in accordance with the approved procedure.

The applicant submits an application and documents:

  1. a copy of the passport of a citizen of the Russian Federation;
  2. documents confirming that the residential building belongs to the applicant as private property;
  3. technical plans for the placement of floors, room characteristics;
  4. conclusions of the fire safety service and the SES about the suitability of a residential building for use.

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What happens if you don’t register your house in SNT before 2020

The other day my documents were ready, I’ll go and pick them up from the realtor, who helped me register the house and get a cadastral number for it. Now the design has become much more complicated. To register a house, you need to make a technical plan. As the realtor told me, the technical plan costs from 8 thousand and above. The technical plans are made by some surveying companies. Then the house is subject to registration, but legalization of buildings becomes much more expensive. We did this only so as not to pay for light at the prices of the gardening partnership, but to pay directly to the electricity supplier - it will cost at least twice as much, but for this we need documents for the house, where it will be registered as residential (with the possibility of registration) or not. The price per kilowatt depends on this. Of course, now the property tax will be much higher, but everything is legal and there will be no fines for it.

From January 1, 2020, the rules for registering country houses have changed. From now on, registration of rights to a country house will be impossible without carrying out its cadastral registration, and this is a large expenditure of money and time, because you will have to call a cadastral engineer. In this way, the state increases the liquidity of such houses on the real estate market - they can be exchanged, sold, donated and bequeathed. Previously this was impossible to do.

How to register an unfinished house in SNT

2. Then the owner goes to the BTI to write an application and order a technical plan, which the office’s specialists complete in about 2 weeks. This procedure is not free, but not very expensive either. Such a plan with a description for the design of buildings is required. 3. Then we contact the architectural department of the administration at the location of the site and register the building. It will take about another month and it will receive its exact legal address. 4. As a rule, this period is one month from the date of filing the application.

  1. So that the buildings are not recognized as unauthorized construction and demolished.
  2. To avoid problems with neighbors in disputes about the boundaries of the site.
  3. You can receive compensation for the demolition of buildings only if they are officially registered.

What happens if you don’t register a house on a plot in SNT

The registration procedure has partially moved online, two accounting databases have been merged: Rosreestr was created from them, significantly simplifying the process of exchanging information between departments. This provides a significant acceleration of any real estate transactions, including its registration.

From January 1, 2020, the rules for registering country houses have changed. From now on, registration of rights to a country house will be impossible without carrying out its cadastral registration, and this is a large expenditure of money and time, because you will have to call a cadastral engineer. In this way, the state increases the liquidity of such houses on the real estate market - they can be exchanged, sold, donated and bequeathed. Previously this was impossible to do.

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