Registration of a house on a private plot of land - register the dacha in the Rosreestr

What can be built on LPH lands?

It is worth noting that for dacha and gardening non-profit associations there are similar organizational forms: on lands for gardening - PMC, OPK and ONP, on lands for dacha farming - DNA, DPK and DNP.
They differ from gardening proper in the different scope of rights to develop land plots according to their intended use - from the absence of restrictions on summer cottages to the ban on the construction of residential buildings on lands for gardening. The general characteristics of lands in this category are that they are located outside the boundaries of settlements and are intended for agricultural needs (clause 1 of Article 77 of the Land Code of the Russian Federation). However, the type of agricultural land use can vary greatly, limiting the owner’s ability to develop it.

What is this

Land plots allocated for private household plots reflect a special status. This status indicates that the plot is provided to an individual. Often, plots are provided in settlements with a small territory. You should also keep in mind that the sites are different from DNT and DNP.

As a rule, the location of the plots in question is associated with estates. In this case, they are understood as buildings whose purpose is permanent residence or economic structures. The purpose should be farming. This suggests that on the category of land in question, gardening, vegetable gardening, and also raising animals or fish is allowed.

Allotments are transferred to a person on the right of ownership, or on the basis of lifelong ownership rights of an inheritable nature. Some allow the conclusion of rental agreements. In practice, there are two types of land:

when it is located within the boundaries of populated areas, it is a household plot;
if the location is outside the borders - field.

What can and is useful to build on the lands of private household plots

You can build these objects either independently or by obtaining prior permission. Buildings that can be built without any permits include any non-permanent structures (that is, those that do not have very deep foundations, as well as those that can be quickly disconnected from communication networks or have a quickly dismountable structure).

application for construction;
documents confirming the right to the specified plot or an extract from the Unified State Register of Real Estate;
urban planning scheme of the site;
a layout diagram of the territory indicating the proposed location of the future structure;
also, if the land on which construction is supposed to begin is included in the list of historically significant territories, you will need to provide a full description of the external appearance of the building being constructed.

Legal regime

At the legislative level, regulation of the issue under consideration is provided. In particular, in 2003, law number 112 was adopted. This act determines who can act as a subject regarding allotments.

Only the owner has the right to engage in production activities, and it is indicated that regardless of the form of ownership of the land. Members of his family also have such rights. For the most part, state and municipal authorities have ownership rights to plots.

State support for private household plots

Allotments may be provided free of charge; they can also be sold through sale or lease. It is worth noting that each of these options requires a separate procedure.

If we talk about free use, it is worth noting that such a right can only be transferred to a certain group of citizens.

The above legislative act provides for the specifics of the use of this category of plots, namely:

the size of the territory that is considered acceptable;
types of uses permitted at the legal level;
order of education and other issues.

Kind of activity

The legislator provides for the purposes for which the allotment allocated for subsidiary farming can be used. The types of uses are determined taking into account where the plot is located. Personal plots located on the territory of populated areas are similar in their significance to a site intended for individual construction.

Construction of residential premises is allowed, and it is possible to register in it. In addition, it is possible to erect buildings for domestic, industrial and other purposes.

It is indicated that compliance with fire, sanitary, construction, urban planning and other requirements is mandatory. On a private plot, the production of products with agricultural purposes is allowed, and the possibility of selling excess quantities is also noted.

Features of the production and sale of agricultural products

This type of plot involves raising livestock and birds. In this situation, this is the optimal solution for small-sized farms. The farmer has the opportunity to permanently reside on the plot.

If we consider a field plot, then similar types of activities related to the production of products are established as permitted. The land can be used for the purpose of raising livestock or growing agricultural crops.

A distinctive feature of a field plot from a household plot is that capital construction is prohibited.

This suggests that any structure should be temporary. An example is construction work on the construction of a summer house on a field site. In this case, there is no need to obtain permission to carry out this work, provided that there is no foundation.

If the established rules are not followed, then this is considered as non-intended use and entails punishment in the form of a fine.

Peculiarities

A plot of land intended for private household plots is the most successful solution for those who decide to engage in agricultural work with the aim of selling the resulting products through sale.

Regardless of whether the plot was purchased or a lease agreement was concluded in relation to it, the owners have the same rights to use. In this case, you do not need to go through the registration process as an individual entrepreneur.

The right to run private household plots

To sell excess volumes of products, you will not need to buy cash registers, patents, or otherwise interact with tax authorities.

A person running a farm must contact the municipal administration and obtain a special certificate. It is the basis for issuing permits for the sale of products. In this case, sanitary and other standards are confirmed.

The main advantage of using private household plot land is that there is no need to pay taxes on activities related to the sale of products. According to the law, activities related to running a personal subsidiary plot are not considered a type of entrepreneurial activity.

Types of storage for maintaining private household plots

It is also established that taxes will not be collected on income, subject to the following conditions:

when the area of the allotment is no more than that established as permissible;
Hired forces are not involved in production, regardless of its stages.

It is also worth paying attention to the fact that exemption from tax payments when selling products is carried out only on the condition that the accounting type documentation contains the necessary entries for this. This means that the municipal authorities must record the implementation of the relevant activities, for which a certificate of the established form must be issued.

This act reflects information regarding a particular farm, and provides instructions about its size and the types of products that are produced.

Home construction

Previously, it was quite problematic to erect structures of a capital nature on the plots in question. This is due to the fact that when the house was ready and it was necessary to register in it, difficulties arose with putting it into operation or with assigning addresses. The problem was resolved after a ruling by the Constitutional Court in 2008.

The court found that buildings erected on private plots can be recognized as suitable for living in them. This means that it is permissible to obtain registration in such a house. This norm is established in relation to allotments located in a populated area.

Features of maintaining private household plots

When it is planned to build a house on a site that has private plots, it is necessary to resolve the issue of documentation regarding the registration of the owner’s rights in advance. The erected structure must be registered in the cadastral register.

For this purpose, upon completion of construction, you must contact the office in charge of technical inventory issues. Based on such an act, the data is entered into the appropriate cadastre, and then the owner’s right is formalized.

In addition to cadastral documentation, you must complete:

acts establishing land rights;
for an unfinished facility, it is necessary to have a permit for construction work;
act regarding commissioning.

You should know that when going through the registration procedure for a property that has been built, a permit for construction work will not be required if there is an act according to which the house is put into operation.

In the absence of the necessary documentation, sanctions in the form of a fine are applied to the violator.

Registration of permission

The local administration has the authority to issue permits for construction. The basis is the application of the landowner and the submission of the necessary papers.

At the initial stage, urban planning documentation is requested from the local administration. You need to contact the architectural department. It must be issued within a month from the date of the person’s application.

Sample application for construction in private household plots

Next, a layout diagram for the organization of allotments is created. It indicates how the buildings are located on the site, and reflects compliance with all established standards. Drawing up such a plan is allowed independently, for which you need to draw a diagram of the location of buildings. It is also possible to contact a specialist to draw up such a document.

At the next stage, documentation is submitted to the municipality:

application for permits;
documentation of legal significance regarding the allotment;
town planning papers;
SPOSURE.

Example of an OSD

From the date of submission, 10 days are allotted to study the papers and issue a permit for construction work. The validity period of the received document is 10 years. Its power remains even in a situation where the owner changes. This is due to the fact that the document is linked to the site, and not to the person.

Is it possible to build a house on a plot for private plots?

greenhouses, greenhouses and other garden buildings;
structures for keeping animals and poultry (poultry house, barn, etc.);
baths;
garages and other structures for storing equipment;
barns, hay storage, cellars;
wells;
toilet and septic tanks;
other buildings intended for personal farming.

If you ignore the requirements of the law and build a house without obtaining permission from local authorities, in the future it will be possible to legalize it in most cases only through the court. This requires additional costs and is not always possible. If violations are detected, the court will order the building to be demolished.

Construction Norms on a Land Plot for LPH 2020

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All types of objects that can be built on private household plots

These distances do not have to be maintained within the boundaries of one plot, but a wooden outbuilding adjacent to a brick house is not considered its continuation and the distance to the buildings of the neighboring plot must be maintained both from the brick house and from the wooden shed.

The location of the object is no closer than 5 meters from the road and no closer than 3 meters from the passage.
The location of the object is no closer than 1 meter from the border of the site (fence).
The location of the object at the required distance from buildings on the neighboring site, namely:
no closer than 6 meters from each other stone (brick) buildings;
no closer than 10 meters from each other stone and wooden buildings;
wooden buildings no closer than 16 meters from each other.

Construction standards on land plots for private farms 2020

For this privilege, the plot must not be larger than 0.5 hectares.
Also, the process of growing/processing products should be carried out by family members without the involvement of outside forces. The law on private household plots in 2020 states that private plots must be registered and must have a document indicating its size and type of products grown. Then, you should obtain a building permit, for this you should contact the architecture department of the local administration. This document has a certain validity period, it is 10 years. Moreover, if the owner of the land has changed, but the document on the construction permit has not expired, then the new owner can also easily use it. The permit is tied to a specific site, and not to a citizen.

What can be built on private farm lands in 2020 and 2020

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The general characteristics of lands in this category are that they are located outside the boundaries of settlements and are intended for agricultural needs (clause 1 of Article 77 of the Land Code of the Russian Federation). However, the type of agricultural land use can vary greatly, limiting the owner’s ability to develop it.

What's the point?

According to current legislation, any real estate is subject to state registration: land plots, residential premises, garages, bathhouses, outbuildings. Information about them must be entered into the state real estate cadastre (GKN) and into the state register of registration of rights to real estate (USRE). These actions are carried out by the bodies of Rosreestr: the cadastral and registration chambers. Cadastre and register data are open. Any interested user, such as a potential buyer, can request an extract from them to ensure the integrity of the seller.

According to the law, it is impossible to register ownership of real estate if information about it is not in the State Property Committee. Their presence is confirmed by the cadastral passport. It is possible to register an object for cadastral registration only on the basis of technical documents:

for a land plot - this is a boundary plan;
for a built house - technical plan.

Obtaining them is a relatively lengthy and expensive procedure. The essence of the “dacha amnesty” is that you can get a land certificate without land surveying. For built objects, the conditions are different, read about this below. The following video will also help you understand the topic in more detail.

Is it possible to build a residential building on a private plot without obtaining a building permit?

Thus, if you are going to build your house on land for gardening or summer cottage farming, it is not required. In other cases, this procedure is called “Issue of a construction permit for individual housing construction” (individual residential development). Now it costs about 30 thousand rubles. (if you go through the performers on your own)

4) changes to capital construction projects and (or) their parts, if such changes do not affect the structural and other characteristics of their reliability and safety and do not exceed the maximum parameters of permitted construction and reconstruction established by town planning regulations;

Registration of unfinished objects

You can acquire ownership of an unfinished house only if you have a construction permit (clause 5, article 25.3, No. 122-FZ), which creates many problems for the owners of such objects.

The reason for the author’s concern is the fear of not having time to build a house in order to register it under the dacha amnesty without building permits and commissioning. Since the deadlines have been extended, the problem has been resolved. If permission is available, then the unfinished object will still have to be registered in the cadastral register, which will require a technical plan.

Land law

The differences between individual housing construction and private household plots in a populated area are mainly that if the owner decides to build a house and register for registration on the private plot, he will have to do this in court with a certain evidence base, while the owner of individual housing construction has the opportunity to register in the built house without restrictions. In a populated area, the owner has the opportunity to transfer the status of land from private plots to individual housing construction. And you can build houses on them. Agricultural lands falling under the jurisdiction of the Land Code of the Russian Federation (Article 77) should mainly be used for growing crops and gardening, and if they are intended for development, then with certain reservations.

Everyone who was in one way or another connected with the purchase or sale of summer cottages had to deal with mysterious abbreviations like individual housing construction and private household plots or SNT, which, in fact, denote the status of the land. But what exactly is meant by them, and what is the difference between individual housing construction and private household plots? Individual housing construction is individual housing construction, and private household plots are personal subsidiary plots.

How to register a private house in 2020

Good afternoon Julia! We have a house located in SNT, after the Federal Law on registration at the dacha, we made an extract from the Unified State Register, received an extract, and where the address is indicated, it is written instead of house 56, plot 56, the MFC told us to write a statement to Rosreestr about a technical error and attach technical plan for the house, since it says house 56 there, we submitted an application, received a refusal, advised us to submit an application for a technical error again, submitted it again, we are waiting, can you tell us why they gave us a refusal.

Stage 3 - Preparation of a technical plan

a Notification of the planned construction of the facility to the local government authority (or MFC) . This notice must indicate the characteristics of the house, in particular the number of floors, height, information about the setbacks from the boundaries of the land plot, and the building area. Also attached to the notice is a hand-drawn diagram of the location of the house on the site.

If a plot of land in SNT has not yet been registered as a property, then a cadastral certificate will be required stating that the applicant is a member of the partnership and owns the plot in accordance with the rules. It is this certificate that is the basis for registering rights first to the land, and then to the building.

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Federal Law No. 340-FZ, which came into force on August 4, 2020, introduced changes to the procedure for the construction of garden and residential buildings on plots of land intended for individual housing construction, private household plots and gardening. Now the construction and reconstruction of real estate on such lands requires notification of the local administration.

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.

base price for work (set for a plot of 5 acres, the cost depends on the number of adjacent plots on which measurements are taken);
regional coefficient (the closer to St. Petersburg, the higher);
deflator coefficient for the calendar year.

What can be built on the lands of private household plots and for the construction of which objects permission is required

The lands of private household plots located outside the boundaries of populated areas can be used not only for farming (gardening, horticulture, livestock breeding, etc.), but also for summer cottage construction. This means that the construction of any structures that are temporary in nature is permitted, i.e. erected without a permanent foundation - a foundation. Accordingly, permission for the construction of temporary structures is not required.

When purchasing a plot of land, you need to clearly understand its future purpose. Depending on the intended use of land, plots are classified into special categories. Private household plot is a plot of land used for personal farming. Relations arising in connection with the conduct by citizens of personal subsidiary plots are regulated by Federal Law No. 112-FZ “On Personal Subsidiary Farming” dated July 7, 2003. We will tell you further whether it is possible to build on land for personal farming, what requires permission and what does not.

Dacha amnesty 2020: how to register, what law regulates it, what are the features

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:

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I want to legitimize my magnificent capital garage. Need a notification?

They cannot: neither according to the Tax Code of the Russian Federation, nor according to the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it.” But then you will not be able to dispose of your house: sell, give, leave as an inheritance. There is an article on our portal in which an expert analyzes in detail all the risks of such a strategy.

All land plots are subject to classification according to the intended purpose of the VRI. They may only be used within the scope of permission. It is not prohibited by law to build a house on a plot of land intended for personal farming. But when purchasing or receiving a plot of private plots, you need to know exactly for what purposes it can be used.

Land issues

The use of agricultural land is regulated by Law No. 101-FZ of July 24, 2002 “On the turnover of agricultural land” [3]; Land Code of the Russian Federation [1], Law No. 66-FZ of April 15, 1998 “On horticultural, gardening and dacha non-profit associations of citizens” [1], Law No. 74-FZ of June 11, 2003 “On peasant (farmer) economy" [4] and other regulations.

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According to the Land Code of the Russian Federation (LLC RF) [1], the use of land must occur in accordance with the intended purpose established for it. In rare cases (when changing the category of intended purpose or VRI of a land plot, regulating relations by laws on gardening, dacha associations of citizens, on peasant farms, on the provision of land plots to citizens in the Far East), it is possible to obtain permission to build a house on other plots, for example, on land forest fund or lands of specially protected areas.

Formation and design

The legislator stipulates that municipal bodies have the authority to determine the minimum and maximum size of territories of the category under consideration. Also at the federal level, the maximum area that a plot can reach is 2.5 hectares.

In this regard, it is indicated that persons owning plots must register as an entrepreneur or farmer. Such an action entails the payment of tax payments for its activities.

Maximum size of private plot

When a person wishes to obtain a plot to carry out activities on it, he will need to contact the administration of the municipality where the plot was chosen. For this purpose, an application is also drawn up. It reflects the personal data of the compiler, the types of real rights on the basis of which the allotment was obtained, the address where the land is located and its area (an approximate indication is allowed).

In addition, the applicant must provide data regarding all plots that he owns. When the administration makes a positive decision, a preliminary decision is made on the allocation of land.

Next, activities are carried out aimed at establishing the boundaries of the allotment and drawing up papers for it. Organizations carrying out project activities have similar powers.

This act is the basis for issuing orders regarding the establishment of boundaries and the establishment of ownership rights to land. A resolution, documentation for the site, and an order regarding boundaries are sent to the cadastral chamber - on their basis, a cadastral number is assigned, and documents are drawn up.

Size

Land legislation establishes the maximum and minimum area of the allotment, which is provided to persons from the municipal or state fund. The standard is established on the basis of acts issued by the municipality.

This suggests that the established sizes may vary significantly in different regions of the country. The basic order regarding the norms depends on the volume of land plots that are not used; the degree of their demand also matters.

However, legislative acts adopted at the federal level establish that the maximum size of the territory allocated for subsidiary farming should not exceed 1/2 hectares.

This rule is established for plots that are in use or ownership. At the same time, they indicate that regional authorities have the opportunity to increase this value, but not more than five times.

After considering this issue, it is not possible to answer exactly the minimum size. The legislator defined the maximum size quite clearly and is equal to 2.5 hectares. A clause is established that the subject has the right to set the maximum size himself, but not more than that specified.

What is a plot of private plots?

Category of land and main purpose of use. For the construction of a residential building, either a plot of individual housing construction or a plot of private household plots from the lands of populated areas is suitable; for crop production - both individual housing construction and private plots; for livestock farming - only private household plots.
Location of the site and availability of utility networks. When providing a site for individual housing construction, local governments are obliged to provide the necessary set of infrastructure: roads cleared in winter, electricity, water supply, gasification, public transport, hospitals, shops, schools - all according to the standards established by law. The owner of a private plot runs the risk of finding himself in a situation where he will have to pay for the creation of engineering and technical support networks; local governments do not bear such responsibility. Therefore, if there are no utility networks near the site, its low price in most cases will result in huge costs for the installation of utilities, and this should be taken into account.
Maintenance costs. For private household plots, such costs will be lower (of course, if no communications are required), for individual housing construction sites they will be significantly higher, especially in terms of costs for gas and electricity prices.

When intending to purchase a plot of land, you should clearly understand what parameters it should have in order to ideally suit specific tasks: locating a house, running a subsidiary plot or creating a farm. This article will focus on the plot of private household plots as one of the most common types of land use.

How to register a private household plot house if it has already been built in 2020

This made it possible to significantly reduce the time required to complete two procedures. Another innovation concerns the methods of submitting applications. Previously, it was possible to contact Rosreestr directly. Now documents are submitted either through the MFC or through the State Services website.

The private household plot has a note about this in the documents. The legislation does not contain a clear definition of a private plot. Obtaining a permit for the construction of an individual residential building (IZhS) A permit for the construction of an individual residential building gives the legal right to build this house on a land plot, which will allow you not to worry about fines for illegal construction, setbacks from the boundaries of your own and neighboring plots, and possible future disputes with neighbors about who built it and where... And of course, in the future this makes it possible: If a building permit is not obtained, then in order to recognize ownership of a residential building, a lawsuit will very likely be required.

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If the previous owner has already received a permit and its validity has not yet expired, there is no need to obtain it again. The permit is not attached to the owner, but to the site. How is a house registered? How to register a house on a private plot? The legislation provides for this possibility, and according to a simplified scheme.

However, as mentioned earlier, it is impossible to build a residential building. How to get private household plot land for construction for free? To register a plot of land as your property, you need to: Determine the boundaries. Find an employee at the cadastral center who will establish the boundaries of the site. In order not to wait for a free trip (about six months), it is recommended to pay 10 thousand rubles to some private company. The boundaries of your site will be determined, followed by preparation, registration and notification of interested parties, as well as installation of boundary signs, areas and execution of the plan. Afterwards the land surveying act is signed. Unfortunately, transferring a plot of land to private household plots is not always possible. It depends on factors: 1. Territorial location of the site. 2. General plan of the territory.

New rules and difficult cases

It is worth remembering that the dacha amnesty can only return for houses on GARDEN PLOTs. In any case, buildings on individual housing construction lands will have to be registered according to the new rules prescribed in the Town Planning Code (GrK RF). Changes to the Civil Code of the Russian Federation were introduced by Law 340-FZ. They came into full force on March 1, 2020.

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Registration of a private house according to new rules

In principle, the owner of an unregistered house can wait until the local authorities begin to sue him, but it would be better to go to court first. This will significantly increase the likelihood of a good (for the homeowner) outcome. In fact, today it has become normal practice to register private buildings through the court, if this cannot be done according to the standard scheme.

Author of the material: Magomedov David ShakhlarovichLawyer in land law, work experience - more than 2 years They wanted to help, but they completely confused... The legislative initiatives of officials have created so much confusion that a rare lawyer will figure it out. They introduced a dacha amnesty for a certain period, extended it once, then a second time.

In particular, they have three homemade incubators and every spring they hatch chickens, keep some for meat, and some, as they grow up, are sold on the market in the local regional center (a town with a population of about 15 thousand). This activity is seasonal - for the period from May to June-July. Two or three years ago, the entire bureaucracy insisted that they needed to get a certificate from the local veterinarian.

We will register a house on a private plot in 10 days! Contact us!

It is necessary that the object meets living standards and communications are provided. The cost of land is approximately 2-3 times higher compared to a similar area of private household plot land. Reduced due to the lack of infrastructure: communications, the presence of hospitals, schools, etc. What kind of work can be carried outOnly crop production. For construction

The local government body reviews the provided technical plan, checks the compliance of the parameters of the constructed facility with the previously stated parameters (in particular, the number of storeys, setbacks from the boundaries of the land plot). If all the parameters of the house comply with urban planning standards, the local government authority prepares a Notice of compliance of the constructed object with the construction parameters and independently sends this decision and technical plan to Rosreestr for cadastral registration of the house and registration of ownership.

LPH what can be built

all work is performed only by the family, without hiring hired help;
products are produced only for personal needs, excess is allowed to be sold, but irregularly;
the category of use must appear in the relevant land documents.

2. A personal plot of land is used for the production of agricultural products, as well as for the construction of a residential building, industrial, domestic and other buildings, structures, structures in compliance with urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations.

Registration of a private household plot

Advice from lawyers:

1. We built an extension to a residential building on the lands of private household plots. What do you need to register?

1.1. Hello, before you start building the extension, you should have obtained an architectural building permit. So that they approve the extension plan, well, later make a technical plan in the BTI and with these documents for registration. If everything happened to you, try going to architecture, maybe they will meet you. Otherwise you will have to go to court.

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2. Is it possible to obtain permanent registration in a house built on private farm lands?

2.1. Yes, it is possible if the house has residential status.

Did the answer help you?YesNo

3. Bought land. Plot purpose: land in populated areas; type of use: private household plots; a construction company built a 2-story frame house; I didn’t know that a building permit was needed. Please tell me the algorithm for registering it.

3.1. Good afternoon Ralif, please contact the court with a statement of claim for the preservation of the unauthorized house and recognition of ownership of it, I will be grateful for your feedback.

Did the answer help you?YesNo

4. I have a question. I want to buy land. The plot, the extract indicates that this is LPH land, but the seller says that he also has a document for Izh. Question: can I stand on this site and will there be problems later in registering the house?

4.1. The seller is lying, what do you mean there is a document? You took an extract from the Unified State Register of Real Estate, this is the document.

Did the answer help you?YesNo

4.2. Good afternoon, your situation needs to be analyzed with more data. If I study all available documents, I can give you an accurate legal analysis of your situation. For further cooperation please contact me. I strongly advise against conducting real estate transactions without the participation of a lawyer (land issues in the Russian Federation are very complex and ambiguous).

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4.3. The seller will tell you anything, because... he needs to sell the land. In the extract from Rosreestr d.b. the purpose of the land for individual housing construction is indicated, and if this is not the case, then don’t buy it, look for something else.

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5. We received a refusal from the Rosregistry to register the right to a non-residential building (bathhouse) on the land of private household plots in the village (land of settlements), because There is no main building on the site (residential building).

5.1. Good evening! In my opinion, an unfounded refusal (what is the registrar referring to?), since in accordance with Art. 2 of the Federal Law “On Personal Subsidiary Farming” dated July 7, 2003 N 112-FZ 1. Personal subsidiary farming is a form of non-entrepreneurial activity for the production and processing of agricultural products. 2. Personal subsidiary farming is carried out by a citizen or a citizen and members of his family living together with him and (or) jointly carrying out personal subsidiary farming with him in order to satisfy personal needs on a land plot provided and (or) acquired for conducting personal subsidiary farming. You may not have planned to build a house there. There are no such restrictions in the law. Also in accordance with the classifier approved by order of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 No. 540 “On approval of the classifier of types of permitted use of land plots” Personal plot of land - Placement of a residential building not intended for division into apartments (houses suitable for permanent residence and no higher than three above-ground floors); agricultural production; placement of a garage and other auxiliary structures; keeping farm animals. You can write a complaint to the management of Rosreestr about the illegal refusal. Best wishes!

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6. The property has land. site purpose - land of settlements type of use - private plots. I wanted to register a “guest house” (non-residential building), the registrar suspended registration for 3 months, referring only to the fact that “the criterion for registering an auxiliary structure is the presence of a main one.” He did not indicate any other references to the rule of law. An extract from the Unified State Register and Technical Registration were provided for registration. plan. There is no permission to build a guest house.

6.1. Hello, Mikhail! According to regulations, individuals have the right to place only one residential building on a land plot intended for private household plots. For a fully qualified answer, you need to familiarize yourself with the decision of the registration authority to suspend registration actions, the technical plan of the “guest house”, etc.

Did the answer help you?YesNo

7. The land plot was transferred from gardening to private farms, the address of the village and the house were assigned. The house is registered as a residential building without the right of registration. What is needed to register a bed as a residential building with the right to register?

7.1. In a residential building, if the status of residential has already been assigned, registration can be carried out; refusal to register is illegal. Go to court and challenge the refusal to register.

Did the answer help you?YesNo

8. As a residential building without the right to register residence on the land of settlements, with permission to use it for gardening, transfer it to a residential building with registration and the land in private individual plots, individual housing construction or dacha, the land and the house are registered in the register, there are certificates, cadastral and technical passports.

8.1. Only in court can you resolve this issue if this residential premises is the only residential premises for residence.

Did the answer help you?YesNo

8.2. Good morning, Evgeniy! You need to start by contacting the administration with an application to change the designated purpose of the land. Then it is necessary to legitimize the buildings, most likely in court. After this, contact the administration to assign a postal address. And registration at the Companies House.

Did the answer help you?YesNo

8.3. Hello, court practice has now changed. There is NO WAY to convert the land plot into residential and change the purpose of the land plot in the absence of the consent of the district administration in court. Only you can recognize a garden house as suitable for living in and register in it at your place of residence. And then, provided that you no longer have any other living space. In this case, you will not change the land of SNT as a purpose for your house.

Did the answer help you?YesNo

9. Question: What is needed to re-register a residential building without the right of registration to a residential building with the right of registration; the land is in the process of being transferred from gardening to private farming.

9.1. Hello, Larisa! To be able to register, the following requirements must be met: 1. the site and the buildings located on it must belong to you and you must have the appropriate documents; 2. You must be discharged from your previous place of registration; 3. court permission to register on this site must be obtained; 4. the building must be located in a populated area; 5. the structure must meet the established requirements for country houses. With respect and readiness to help, STANISLAV PICHUEV.

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10. Is it possible to make a permanent registration in the house without any problems, i.e. who does not have an exact address and is located in the village? There is a certificate of ownership, the house is listed as residential, private limited plots, settlement land - everything is ok.

10.1. Hello. Probably possible. Address this question to the FMS. We are not clairvoyants. Do not forget that without the help of a specialist it is difficult, and sometimes even impossible, to protect your rights. All the best.

Did the answer help you?YesNo

10.2. Hello! You can make such a registration. Addresses in villages are not always established. This practice exists throughout the country. The main thing is the consent of the owners.

Did the answer help you?YesNo

10.3. Dear Andrey Petrovich! If you write this question twenty times, nothing will change. Read the answers and draw your own conclusions.

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11. Is it possible to make a permanent registration in the house without any problems, i.e. who does not have an exact address and is located in the village? (LPH, settlement lands - everything is ok with that)

11.1. Hello. Of course not. It is necessary that this address be in the register, but it turns out that this house is not tied to an exact address, so there must be a refusal.

Did the answer help you?YesNo

11.2. Contact the administration (possibly through the MFC) to assign an address to the house, and then register if it is a residential building and not a residential building.

Did the answer help you?YesNo

12. A plot of 10 acres of private household plots was built on it, a house was built on it, the plot was surveyed at 5 and 4.25, we received 2 certificates of registration with two cadastral numbers, now there is a foundation on it adjacent to the house, we received permission to build an extension, since the plot Land surveying is not yet done, now we want a two-apartment house, how can we arrange it correctly?

12.1. Good afternoon They’ve piled it up, but to explain everything to you, there’s not enough space for an answer... please contact the consultants in a personal message. With respect to you, Evgeniy Pavlovich Filatov.

Did the answer help you?YesNo

13. Owned land, permitted type of private household plot use. What list of documents should I collect to register a house built on it? Where to apply for registration (I live in St. Petersburg, land in the Priozersky district, 140 km from St. Petersburg) - can I apply for registration in St. Petersburg?

13.1. Good afternoon. Private plots are different. A plot of land for running private household plots within the boundaries of populated areas is called a personal plot of land (in contrast to a field plot of land located outside a populated area and having the same purpose - private plots). If you have a personal plot, the house can be registered, it is better to go to court if you did not obtain a building permit. If you have a field plot, you won’t be able to register your house, because... this is prohibited by law. In the first case, you can register in the house after registering the right to the house.

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Consultation on your issue

Calls from landlines and mobiles are free throughout Russia

14. The land has been privatized as private household plots. There is a house on it (formerly a state farm) at the moment there is no place on the balance sheet, but the wife is registered in this house. In this situation, can the spouse register her husband at the place of registration? ?

14.1. If the wife does not have any documents for this house, then only on the basis of the fact that she is registered in this house, it is impossible to obtain registration for her husband.

Did the answer help you?YesNo

15. The question is: we own land with a residential building (LPH), we have a large family, we are planning to move and start farming, are there any benefits? Is it possible to register children for school and kindergarten?

15.1. If you own a residential building, then of course you can register at its location. As for benefits for farmers, I recommend contacting the Administration at the location of the land and finding out there, since local (regional) laws differ quite significantly from each other.

Did the answer help you?YesNo

16. I want to buy a plot of land in the category of land in settlements, permitted use of private plots. Will I be able to build a residential building on it and register it?

16.1. Hello. Yes, you can build houses on such a plot of land and register in them. But after putting the house into operation and receiving all the documents.

Did the answer help you?YesNo

17. A residential building was built on a plot for private plots in 2020. Permission was not obtained, as it was not required until 2020. In connection with the change in the conditions of the registration procedure, the question of a construction permit arose. What to do? Should I go to the GPZU and get a refusal, and then go to court? Or is there some other option?

17.1. No. Exactly. First you ask to register, they refuse you and you go to court. The absence of a construction permit, in itself, does not entail a refusal to satisfy claims for recognition of ownership of an unauthorized construction. Another thing is that the business must be conducted competently.

Did the answer help you?YesNo

17.2. In connection with the change in the conditions of the registration procedure, the question of a construction permit arose - go to the GPZU to get a refusal there, and then go to court - there are no more options, strangle you!

Did the answer help you?YesNo

17.3. There is probably no other option. A building permit is required. Article 51 of the Civil Code of the Russian Federation. In the meantime, you have, in fact, an unauthorized construction. The administration will not issue you a permit since the house has been built. But this appeal will be useful in court.

Did the answer help you?YesNo

18. A house without permanent residence was built on a private plot. Is it possible to register it under a simplified dacha amnesty? Thank you.

18.1. Good evening. In order to answer your question, you need to look at all your documents for the house and land. Without studying the documents, an answer is impossible.

Did the answer help you?YesNo

19. Is it possible to register ownership of a house on a private plot of land under a dacha amnesty, i.e. without a cadastral passport for the house?

19.1. — Hello, yes, it is possible to register in the house if you have put it into operation. We are happy to answer your questions.

Did the answer help you?YesNo

20. There is a registered plot of land with the category of private household plots. The property is a house built in 1922. In 2011, when we tried to register, we were denied because In the cadastral passport for the house there is a note “there is no permission for the reconstruction of the terrace and the construction of a cold extension.” Can we register a house under the dacha amnesty without obtaining permission for reconstruction and construction? Thank you.

20.1. The dacha amnesty applies to newly erected buildings. You need to go to court and prove that the reconstruction does not threaten life and was built in compliance with technical regulations. normal

Did the answer help you?YesNo

I am the owner of a plot of land and a house on it - land of settlements, private plots.

When submitting an application for state registration of ownership of an individual residential building,

I began to build a residential building on a plot of land I rented for private plots in a rural settlement.

How to act and where to go? I purchased a plot of land in a cottage community within the city,

Private household plot land owned. The construction of the house began in 2014. The RNC was issued until 2024. What is the procedure for registering a house. Geographically, the home is the Republic of Tatarstan.

I built a house on a private plot, registered the house using a simplified procedure, at the time

We bought a plot of land in the village on the site of an old house and an unfinished new one. The new one has been completed.

The category of lands is the lands of us. points. Permitted use - for low-rise construction.

We have private household plot land and would like to obtain a building permit. We contacted the district administration.

In 2013, I rented land for 5 years, in the cadastral passport the land is for private household plots.

Construction standards on a private housing plot

It all depends on the owner of the site. If the owner is a developer, then this issue is regulated by the laws of the Russian Federation; if it is owned by a municipality, then the minimum size of land is regulated by the relevant municipal legal documents.

The garage is built at such a height that neighboring buildings have free access to natural light (sunlight);
You cannot build a garage in such a way that it blocks the approach to residential properties or the entrance to the territory;
A distance of ≥ 1 meter must be maintained from your garage to the border with the neighboring property;
The garage is built at a distance from housing ≥ 2 meters.

Construction standards on a private housing plot

Obtaining land for individual housing construction (IHC) is only half of the worries that will fall on the owner’s shoulders. Site planning is more complex and time-consuming. Indeed, according to the Construction Norms and Rules (SNiP) of the Russian Federation, the process of developing low-rise buildings on land plots must strictly comply with the requirements.

However, SNiP establishes the maximum permissible fence height . The rules for building a fence determine that it should not exceed two meters. Exceptions are cases when the site is adjacent to the roadway. In such cases, the fence according to SNiP may exceed the specified height.

Types of land plots: what is the difference between individual housing construction and private plots

If you decide to purchase a plot of land as your own, one of the most important questions is the category to which the plot belongs. The category determines the purpose of the land, that is, the actions that the owner of the plot can perform on it, such as construction or growing crops. If you do not deal with this issue in advance, you may later encounter unforeseen problems - for example, you will not be able to build a house for permanent residence.

When purchasing a plot, be sure to check the category of land!

Sometimes the low price for a plot offered by the seller is precisely due to the fact that the land use category imposes some restrictions. You should not expect that you will buy a cheap plot and then transfer it to another category - this is a complex and lengthy procedure. Therefore, when purchasing a plot, it is important to study the documents and find out whether you are satisfied with its purpose.

Plots for private suburban construction usually fall into the category of individual housing construction or private plots. Both options have their advantages and disadvantages.

Types of homestead farms. What is a private plot?

A plot of private household plot is a plot of land intended for running an individual subsidiary plot, that is, producing agricultural products only to provide for one’s family, and not for sale for profit. The procedure for using the site is regulated by the law of July 7, 2003 N 112-FZ “On personal subsidiary plots”. In areas of this category you can engage in the following activities:

gardening and gardening;
livestock farming;
beekeeping.

At the same time, owners cannot use the services of hired workers. If there is a surplus of products, they can be sold, and this will not be considered entrepreneurship.

The maximum size of such an area is limited, but the upper limit may vary in different regions. The law mentioned above sets a limit of 0.5 hectares, but in practice the size of the plot may vary both up and down depending on regional characteristics. For example, in the Moscow region, the plot size for private household plots is usually 0.1 hectares or less, but for the Far Eastern regions, on the contrary, no limit is established.

Not on any plot for private household plots it is possible to erect permanent buildings

Please note that not every plot for private household plots can be used to build permanent residential buildings. A building permit can only be obtained for plots that are located within the boundaries of a populated area (such plots are called household plots). On them you can build a single-family home, a garage and other outbuildings.

It will be possible to register in a country house, which is located on a personal plot. However, this may require proof that the house is suitable for permanent residence. Sometimes this has to be proven in court.

But if you received a building permit, and then put the house into operation and registered it in accordance with the procedure established by law, problems rarely arise.

If the land is located outside the populated area, on agricultural territory, then it is impossible to build permanent buildings there. You will only be able to build temporary structures that do not have a foundation. Accordingly, it will be impossible to register in this territory.

What is an individual housing construction site?

Unlike plots of private household plots, which can be field or household plots, plots of individual housing construction are always located on the territory of populated areas. The main purpose of this type of land is individual residential construction. The minimum plot size for individual housing construction is 0.06 hectares. Houses built on these sites must meet the following requirements:

they are designed for one family only;
the height of the house is no more than three floors;
Only one residential building can be built on a site (the number of outbuildings is not limited).

Individual housing construction sites are always located in populated areas

The number of floors criterion often becomes a subject of controversy, since current documents propose different approaches to determining the number of floors: it may include attics, basement and ground floor. Therefore, before planning construction, it will be useful to inquire about the practice of applying this norm that has developed in your region.

In addition, when conducting construction on a site for individual housing construction, it is necessary to comply with sanitary and fire safety standards. They determine the minimum distance from the boundaries of the site and from each other the house, outbuildings, trees and shrubs should be removed. You can learn more about the legal aspects of constructing country houses in the article “Obtaining a building permit.”

What is better - individual housing construction or private household plots?

If the site is within the city, there is no fundamental difference between individual housing construction and private household plots. In both cases, you will be able to build a residential building on your land, where you will be able to register in the future.

The field plot of private household plots may be of interest to those who do not plan to permanently live outside the city, but want to provide their family with vegetables, fruits or livestock products on their own. In addition, a certain amount of products can be sold without paying taxes. But it is worth considering that since such a site is located outside the city, it will take a lot of time to get there each time.

Plots of private household plots usually have a lower cadastral value

Plots of private household plots, especially field plots, often have a lower cadastral value than plots for individual housing construction of the same area. Therefore, the amount of land tax that you will have to pay will be less. Plots in this category often belong to gardening or dacha associations, which fully or partially undertake the provision of communications.

Both on private plots and on individual housing construction plots, the owner of the plot is responsible for connecting to the power grid, subsequently paying for the consumed energy according to tariffs. While on plots owned by gardening non-profit partnerships, failure to pay may result in shutdown of all plots, owners of private plots or individual housing construction plots bear individual responsibility for timely payment.

According to the law, the local administration must promote the development of private household plots by providing infrastructure (including roads, electricity and water supplies). In reality, this can be difficult to achieve. Applications from many land owners are often needed for local authorities to improve the condition of roads.

You can try to get assistance from the local administration in providing the site with electricity, but in practice it is faster to resolve these issues on your own.

The infrastructure of sites for individual housing construction is subject to more stringent requirements: local authorities must take care not only of access roads and their timely clearing, but also of the accessibility of shops, schools, hospitals, because it is assumed that sites with individual housing construction will be used as a permanent place of residence.

Thus, plots for individual housing construction and private plots are largely similar in terms of use, if they are located on settlement lands. Plots for private household plots are an option for those who want to develop a household plot, and perhaps sell the vegetables and fruits grown on it. Individual housing construction is suitable if your plans include building a country house for permanent residence.

Will it be possible to register in a residential building in 2020 under the new law?

In accordance with Art. 20 of the Civil Code of the Russian Federation, the place of residence is recognized as the place where a citizen permanently or primarily resides. Law of the Russian Federation of June 25, 1993 N 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation” in Art. 2 defines the place of residence of a citizen, which is in correspondence with the place of registration. According to this norm, the place of residence can be: a residential building, apartment, room, residential premises of a specialized housing stock or other residential premises in which a citizen permanently or primarily resides as the owner, under a lease ( sublease) agreement, a lease agreement for specialized residential premises or on other grounds provided for by the legislation of the Russian Federation and in which he is registered at his place of residence.

First, you have the right to appeal the refusal of the authority that denied you registration by going to court. within three months after refusal. In case of refusal, the authority (FMS, etc.) must give you a written response justifying the reasons for the refusal (if there is such a response, please attach it in addition).

02 Mar 2020 juristsib 830

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What is allowed to build

On a personal plot of land it is allowed to build:

residential buildings intended for single-family residence with no more than three floors, excluding basements;
utility rooms such as garage, shed, storage room;
other structures for personal use: bathhouse; summer kitchen, etc.

All objects must not violate the norms and rules of local urban planning regulations, and must also be agreed with the local administration. But there is a caveat here: in addition to the main type of permitted use, any land plot may also have an auxiliary VRI.

An auxiliary VRI is always used in conjunction with the main one and there is no need to obtain a separate permit for the construction of buildings of this type.

On a site with the main type of use being personal private plots, auxiliary VRI will be the construction of buildings for household and utility purposes, which means:

barn,
garage,
pigsty,
chicken coop, etc.

If necessary, build other structures on the site that represent

shop,
hairdresser
or dining room,

it is necessary to obtain appropriate permission from the land use commission, which can allocate the site with a conditionally permitted VRI.

Development of farmland: possible or not

As you can see, we are not talking about the construction of a residential building or technical buildings. However, agriculture is impossible without developed infrastructure. Therefore, the construction of cowsheds, chicken coops, warehouses, roads, and the arrangement of hangars for vehicles is allowed.

Considering that the farmer himself also needs to live somewhere, the last point directly indicates that it is possible to build a house on an agricultural plot. If you follow the letter of the law, such permission is given by Article No. 263 of the Civil Code of the Russian Federation and provisions 40, 43 of the Land Code.

Pros and cons of private farming

Land for a personal plot within a populated area. On a private plot of land, you can build a residential building and any other buildings (subject to the rules that are the same for everyone - construction, fire safety, sanitary and hygienic and others, and you can also produce agricultural products (any kind: planting plants, raising animals and poultry, setting up an apiary) In a residential building built on a private plot of land, you can register at your place of residence, and it is also possible to receive a property tax deduction.
Field land for growing crops. On a field plot of land, you can only produce agricultural products and erect non-permanent buildings for this purpose (without a foundation). It is prohibited to build a residential building, and if it is built, it may be forced to demolish it. Naturally, there is no question of registration in such a house.