How to convert a garden country house into a residential one?

The procedure for converting a non-residential building in SNT into residential

Since January 1, 2020, the Resolution on allowing the registration of a country house as a residential premises with the subsequent right of registration in it has been in force. This will provide benefits to buyers:

• receiving a tax deduction when purchasing a finished registered building;
• possibility of registration;
• payment of electricity bills at the “rural” tariff.

For owners, this is an opportunity not only to live freely in a country house, but also the opportunity to sell the plot with it at a higher price than a country house. It is also protected by law and will not be considered an illegal building that could be demolished by local authorities.

To transfer a SNT house to the status of a housing stock, it is necessary to satisfy the following conditions:

• the house has already been completed;
• the land under it is privately owned by the applicant - a privatized plot or acquired with the issuance of a certificate of ownership;
• The land in the documentation is listed as a garden plot with the right to develop; vegetable gardens and agricultural land do not fit these rules. It is allowed to build only outbuildings in vegetable gardens - sheds, huts.

The procedure for transferring a house from the status of a dacha unregistered building to a residential building determines the conditions and rules that the house must comply with. You need to submit documents for registration to the local administration to which the dacha is assigned.

Before collecting documents, you should order a check of the condition of the house from the BTI, make a technical passport for it, which will indicate the floor plan of the house, number of floors and boundaries with neighboring areas. An application for examination is accepted at the administration or at the MFC.

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BTI employees go to the site, carry out land surveying and write down boundaries, checking them with documents. If there is no conflict with neighbors, the technical plan of the site and then the house itself are certified.

Note!

If it is not completed, you can only submit a notification to the administration about the desire to register it as a private house of capital construction. Upon completion of construction work, call the BTI and register.

Documentation

To implement the procedure for converting a summer house into a residential building, you will need to collect a certain package of documents. These include papers that have a technical purpose. They are presented in relation to the land plot, the buildings located on it, and the country house. Documentation of legal nature. It is required to obtain permission to carry out re-registration. This is required when a country house has several owners. Consent must be expressed through a written document. You will need to submit a document received from the municipality, which confirms the fact that the land has been transferred from one category to another, and the new category must allow the construction of residential buildings. You will need to contact the housing commission and receive a report that confirms that the building can be transferred to the category of individual housing construction.

If the house has undergone redevelopment, you will need to submit design documentation. The person making the appeal will have to write a statement containing the purpose. In particular, you can indicate that you need to transfer your country house to the category of residential premises for the reason that you want to live in it on a permanent basis and are registering there. It must be permanent. You will also need to copy the document that verifies your identity. A receipt indicating payment of the state duty may also be added to these papers.

What properties should a dacha have?

A country house can be converted into residential housing only if it meets the following requirements:

• height does not exceed 20 m or three floors;
• utility networks have been installed: electricity, water supply, sewerage, heating installed - you can live in the house all year round in normal conditions;
• put into operation - that is, all engineering communications are already connected and working, and not just under construction;
• the house has been finished;
• building materials were used in accordance with the requirements and standards of GOST for capital construction: a box made of brick, gas blocks, wood and other structures that can withstand the load of the house and weather conditions.

Note!

It is impossible to transfer a temporary shed, bathhouse or container that is equipped for living into housing stock. Electricity must be supplied from the central power grid. Heating, gas supply and water supply with sewerage can remain autonomous.

The main reason for summer residents to delay recognition and registration of the building was the reluctance to pay dearly for electricity, which is felt more if the heating is also electric. Now it is possible to switch to a reduced tariff and not overpay for electricity, and use water as before - from your own autonomous source.

Here are the main differences between a dacha and a residential home:

Also an important reason for transferring a dacha to a residential building is the citizen’s only place of residence.

If he has nowhere else to live, and registration is allowed at the dacha, then he has the right to register the property as his own - and re-register the dacha into a residential building.

Documentation

List of documents for registration of a house on a summer cottage in SNT:

• a certificate of land ownership, if it is sampled before 2017, or an extract from the state real estate register, if after;
• cadastral number of the plot;
• cadastral passport for land;
• house plan from BTI;
• owner's passport;
• than about payment of state duty;
• statement.

If the owner cannot be present when submitting the application, he can write a power of attorney. The deadline for submitting documents is limited - until March 1, 2020. Those who make it in time will fall under the simplified registration system for country houses. The house can be registered only after the official commissioning procedure. For this purpose, a court decision will be required, which decides whether to award the building a capital degree and transfer it to the housing stock.

Note!

In the absence of ownership of land with a plan and cadastral passport, it is impossible to register a building on the land. In accordance with the state program for simplified land registration, it is possible to privatize property, and then the house on it, in a short time. At the same time, any available documents for the plot are submitted: an extract from the garden book or an old-style certificate.

A detailed house plan can be ordered from private companies that are licensed to conduct a technical inventory of objects. If there are problems with land surveying, you will not be able to obtain a registration certificate for your home. The boundaries of the site at the time of examination of the house must strictly coincide with the indications that are available in the documents for the land.

Through the administration/local governments

The procedure is longer; there may be additional costs for cadastral work and coordination with authorities.

The citizen must follow the following instructions:

1. Step 1. Collection of the documentation package.
2. Step 2. Writing an application to local authorities.
3. Step 3. Receive a written response from administration representatives. The answer usually comes within 1 month.
4. Step 4. Re-registration of documents at the Cadastral Chamber. Usually a new technical passport is issued for the house.
5. Step 5. Register the document with Rosreestr and receive an extract from the Unified State Register of Real Estate, confirming your rights to the house.

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Re-registration procedure

A country house can be re-registered as private property and registered on the site, along with other buildings - on the plan, mark the location of the erected sheds, bathhouses, summer kitchens, gazebos. They can also be completed after registration.

When registering, the house is assigned an address and number, it will be marked on the map and payments will arrive in the form of receipts for payment through the bank. Summer residents will have the opportunity to pay dues – membership and target. Associations and partnerships will be recognized as an association of owners with their administration, and targeted contributions will be used for improvement and infrastructure.

It makes sense to register and convert a garden house into a residential one, if any real estate transactions are involved, then it will be possible to sell not only the land, but also the house. Dacha gardening plots in partnerships, previously issued by the state and privatized, will be equated to suburban real estate, and it will be possible to register in them. Unlike gardening land, private holiday homes cannot be sold or donated unless they are registered.

The procedure for re-registration of a non-residential building into a residential one involves collecting documentation and sending the documents to the administration or MFC of the district. An extract from the state register is issued, which indicates the details of the property with the address and name of the owner. Further, if you need registration, you should contact the MFC directly, providing personal documents and the consent of the owner.

Note!

For residential buildings under construction, a rule has been established - from March 1, 2019, it is necessary to submit documents at the start of construction, and upon completion, notify the administration about this in order to go through the commissioning procedure.

To do this you will need:

1. Obtain documents on the ownership of the plot or an extract from the register.
2. Write a notice of the start of construction.
3. After the administration agrees, order a cadastral plan and agree on the stages of future construction.
4. After the building is ready, contact the architectural office and register it. In a month, the house will be assigned an address and a certificate will be issued.
5. Collect personal documents, a receipt for state duty and a cadastral passport and, together with previous documents, take it to Rosreestr.

If you start the procedure for registering a house under construction immediately, you will have to put it into operation according to the above points. And the finished house is registered until March 2020 in a simplified manner.

Converting a garden house into a living space

Residents of the country received such permission two years ago, when the Constitutional Court of the Russian Federation gave the green light to register citizens in garden houses. Until this moment, registration at a dacha was prohibited by the Federal Law “On gardening, gardening, dacha non-profit associations of citizens” dated April 15, 1998. The court recognized that this ban was contrary to the Constitution of the Russian Federation. Thus, citizens of the Russian Federation have the opportunity to build full-fledged houses on garden plots and register in them.

What is the difference between a garden house and a residential one?

With the advent of Federal Law 217, two concepts were legally strengthened:

• Garden house - a building for temporary stay in the warm season;
• A residential building is a building intended for permanent residence, equipped with communications, electricity, sewerage and other equipment that allows you to maintain heat in the winter.

Those owners who registered their buildings earlier, before the law came into force, often assigned a non-residential purpose to a house in which it was quite possible to live. Many did this in order to pay less taxes. Such houses, if it is not a bathhouse, a garage or a utility room. block, will now be considered gardening and you cannot legally register in them.

This point of view was expressed by Marina Semenova, Deputy Head of the Federal Cadastral Chamber of Rosreestr, as part of the All-Russian Legal Assistance Week, held in the summer of 2020. You can register in a garden house only if you convert it into a residential one. Thus, registration at the place of residence in SNT is possible when your house is residential.

Let us indicate what a residential building should be like:

1. The building should have the following premises: living room, kitchen, bathroom, shower room, restroom. Each region has a minimum size for premises. For example, the living area in the house should be at least 12 sq.m., the kitchen - 6 sq.m.
2. The ceiling height must be at least 2.5 meters.
3. The house must have communications: heating, water, electricity. There must be sewerage and ventilation.
4. The building must meet fire safety standards, as well as sanitary, environmental, construction, etc. requirements.
5. There must be documentation from the BTI for construction - a technical passport is enough. In some cases, a construction and technical examination is required.