Since the beginning of this year, the procedure for registering buildings on a dacha-type plot has undergone minor changes. Therefore, to register buildings, it is now necessary to present technical documents. plan.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
What buildings are subject to registration on a summer cottage?
Since 2006, simplified registration has been in effect in the country, which includes:
- plots of land for the needs of agriculture and gardening;
- country houses;
- residential buildings on plots allocated for individual construction;
- temporary light structures;
- baths, utility blocks, gazebos;
- garage buildings.
If buildings need to be made property, they must be registered.
How to register a building on a dacha plot under the dacha amnesty?
Registration is currently quite fast and does not require any permits. Old buildings can also be registered as property.
The simplified registration procedure is designed primarily for areas where there is old construction that is not documented. And it does not matter whether the registering person is the owner of the entire building or only owns part of it.
Country house
Permission to operate a country house using a simplified procedure can be obtained before March 1, 2018, by preparing the necessary documents. If the building is registered, then obtaining the right to operate will be even easier.
After registering ownership of a building, it acquires the status of real estate, which can be donated, exchanged or sold. And if necessary, even register tenants or bequeath to someone. Registration and preparation of a plan is carried out on a paid basis. The cost is calculated taking into account the advantages of the property after.
Registration requires that the building:
- was located on land suitable for construction;
- had a cadastral number and documents confirming ownership rights.
- To register, you also need to take into account the requirements for the house:
- the purpose of the site must meet the requirements;
- If the construction of a building is not completed, permission must be obtained.
From the documents for registering objects on the garden plot, you must provide the following:
- identification;
- cadastral plan of the site and objects on this site;
- document confirming ownership rights;
- check for payment of state duty;
- technical certificate of construction on the presented site;
- written statement.
Good to know! A cadastral plan is not needed if the house is already registered in the state register. But in this case, you may have to document the location of the building on the presented site.
Garage
You can register a garage only if you built it yourself and use it for personal needs. To do this, you need to register with the BTI technical. passport, after filling out the declaration, take the diagram with the cadastral number. In addition, documents confirming ownership of the land plot will be required.
This is easier for owners of cooperative garages. It is enough to submit a document confirming the rights of the tenant or owner. Having received a member's book, it becomes possible to privatize or buy a plot of land under a garage.
If possible this is necessary:
- submit a written application to the Commission dealing with buildings erected without permission so that it does not demolish the garage;
- file a claim in court;
- try to get permission to build.
Let's celebrate! Of course, going to the Commission is not as costly as going to court. Therefore, it is better to first go to the Commission and only if necessary to the court.
The following documents must be presented to the Commission:
- copy of passport;
- garage registration certificate;
- a declaration describing the characteristics of the garage structure;
- document with the right of ownership or the right to lease a land plot.
If the Commission's decision is positive, it will require:
- permission to put the building into use;
- register ownership of a plot of land;
- obtain the appropriate document for the right to use.
Do I need to register the bathhouse and outbuildings?
The decision to register commercial buildings is made by the owner. If you have a permanent structure with a foundation, it is of course better to register it, but this is not necessary. It all depends on the owner’s goals. But with the subsequent calculation for sale or transfer by inheritance, registration will have to be done. The barn does not need to be registered.
But this decision does not apply, for example, to a barn or building that is often subject to changes (rebuilt). After all, every change will need to be made in the documentation and in some cases this does not make sense.
We should not forget that two years ago the law on taxation of property of individuals came into force. Therefore, when registering, you need to keep in mind the cadastral value. It will be necessary to document the size of the plot; it should not be less than 50 m2. Otherwise you will have to pay high taxes.
With all this, insurance is not necessary, but you can insure the building even if you are not the owner.
How to fill out a declaration and assign an address?
State registration of property rights under a declaration is a simple process, but to complete it you will need to prepare certain papers and certificates in advance. A declaration for a house on a summer cottage will be required if its construction is unauthorized. In other words, the building was built arbitrarily. The nuances of correctly filling out the declaration were approved 7 years ago.
A property declaration is important when registering a building and refers to legal documents indicating the fact of construction on the site.
The declaration includes items such as:
- actual location and address of the registered house;
- type of building from the proposed list (house, garage, etc.);
- purpose of the property (residential or non-residential premises);
- cadastral number of the land plot;
- technical characteristics (number of floors, materials used for construction, communications).
It is also necessary to provide passport details and registration information. You can fill out the declaration in printed or handwritten form (blue or black pen). Each page must be numbered. The pages must be stapled together, and the signature of the person submitting the documents is required.
In order to assign an address to a residential building, you must contact the city administration. Each region of Russia requests different documents, but in any case, proof of ownership of a land plot will be required.
Good to know! After receiving a conclusion on the assignment of an address, you must contact the MFC or Rosreestr. This organization will help you enter data into the cadastre. After which it is possible to obtain documents confirming ownership.
What is a real estate registration certificate?
This is a document that contains the most important parameters of the room/building . The parameters include size, area, wear, number of floor rooms, etc.
A passport is required when concluding any transaction regarding its object . For example, transferring a house by inheritance or dividing property during a divorce.
How to register at the dacha?
The necessary conditions
There are several conditions for registration in a dacha:
- the land plot and everything on it must be property;
- the applicant for registration must not be registered in another place;
- the dacha must be located within a populated area and suitable for living in the off-season;
- the applicant must have a court order allowing him to register in the allocated territory.
House requirements
The house must also meet certain requirements. The building must be free-standing and no more than three floors high with only one family living in it.
To register in such a house, you must follow some rules, namely:
- conduct an independent examination to determine whether it is possible to live in this building. At the same time, the foundation of the dacha should not have any violations: the walls are insulated, all existing communications meet the necessary standards, there is protection from water;
- it is necessary to allocate a plot of land for carrying out gardening work;
- the dacha must be located within a populated area and there must be a minimum of infrastructure around the building;
- the house must be registered with Rosreestr.
Documentation
To register at a dacha, you must provide the following to the FMS:
- documents for the house and land;
- a package of documents with technical information on the building and site;
- paid receipts and checks;
- notarized power of attorney (with his participation in this process).
Problems when registering buildings on a summer cottage
When registering a dacha as a property, the following problems may arise:
- The owner of the land has no rights to it. Some plots are not registered in the state real estate cadastre, and therefore do not have a cadastral number. Because of this, it is not possible to obtain the right to the land and the building on it.
- It is also a violation if the boundaries of the land plot are incorrectly delineated by fences or buildings (up or down in area). The house should be located within the site, and not outside its boundaries.
- 600 m2 is the minimum area of a summer cottage for building a house on it. Otherwise, to obtain ownership of the building, you will have to go to court.
- It will also not be possible to complete the documents due to violation of various legal norms. Also, if the house underwent an incorrect redevelopment and/or reconstruction of the building.
- A mortgage loan for building a house can also become an obstacle to obtaining a title deed for it.
Price
The minimum cost of paying for a registration certificate is 1000 rubles , but it is worth taking into account additional factors and state fees.
The price of the service is influenced by factors such as:
- object area;
- visit of a BTI employee to the site;
- the amount of time allowed for preparing documents;
- method of obtaining the document.
- nature of the organization (commercial or government)
Each BTI branch sets its own tariff for services.
Reasons for refusal to register
There are several reasons why the right to register ownership of a built house on a plot of land may be denied.
Let's look at them:
- The area of the plot and information about the buildings on it stated in cadastral documents do not correspond to reality.
- The boundaries of the site, delineated by fences in reality, do not correspond to those stated in the cadastral plan.
If the above conditions are met, there should be no difficulties with registration. It is necessary to put the documents in order and collect them in full, and then issuing a certificate of ownership of the house and summer cottage is quite simple.
If you decide to start building a house on your summer cottage, you should think about filling out the appropriate papers in order to register the building as your property. It is worthwhile to worry about obtaining documents to obtain a certificate of ownership of the plot itself.
Note! At the moment, in the Russian Federation there is a simplified process for processing documents for residential private property. It is also called the dacha amnesty, which was created to significantly facilitate the process of registering dacha real estate as a property, if all the necessary documents are available.
Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!
Registration procedure
There is a certain procedure for drawing up a document . It consists of a number of points:
- Pre-entry.
- Direct visit to the selected structure.
- Drawing up an application on behalf of the owner.
- Transfer of a package of necessary documents.
- Payment for organizational services and state fees.
- Expert visit to the site.
- Receive the document within the established deadline.
Typically, a technical passport is issued within a period of ten to fourteen days . BTI has the opportunity to speed up this process. Time is also affected by the size of the property. For example, if the area exceeds 1000 sq. m may take up to six additional days.