If you decide to build a residential building, then first of all you need to know how to register ownership of the house. In addition, before starting work, you need to become the owner of the land on which the structure will be built.
It will also be useful information that until March 1, 2020, there is a dacha amnesty, according to which permission to build a low-rise property is not required.
Where to start registering your home ownership?
Registration begins from the moment of visiting the BTI, where you need to find out which technical plan to indicate in the registration database. The documents must indicate the purpose of the land plot and indicate the type of construction of the house or other structures.
There are two main types of land plots:
- The land is used for gardening and summer cottage purposes.
- The use of land is intended for individual housing construction (individual housing construction)
In the first case, the construction of a house does not have to be formalized legally and included in the cadastral plan. It is enough to include it in the declaration, information about which can be taken from the project.
In the second case, it is necessary to make changes to Rosreestr and only after that you can receive a technical plan, technical passport and number in the cadastral register.
Let's celebrate! Obligatory possession of a technical passport is necessary in order to register it with the cadastral register. The passport must contain a drawing of the entire house and indicate all redevelopment.
It often happens that due to failure to survey the site, the house cannot be registered. Therefore, before submitting documents, you need to check whether there is ownership of the land. This is necessary so that there are no problems with real estate registration later.
Decorating an abandoned house
There are often cases when it is necessary to register abandoned houses, especially in rural areas. The reasons are different, most often elderly relatives die, and heirs living in the city come to legitimize the property.
We recommend: Rules for using a plot of land. Types, conditions, legal forms
First of all, you should inquire whether this property has any heirs; if there are any, it is important to clarify what rights they have to this property.
You can find out valuable data in different ways:
- communication with neighbors;
- familiarization with information from the “Register”;
- appeal to rural or municipal authorities.
Only after clarifying all the information can you seriously think about buying out or registering the property. The house is registered in Rosreestr, documents are prepared:
- Identification.
- Agreement on the transfer of ownership of a property.
- Certificate of inheritance or an extract from a court decision.
- Receipt for payment of state duty.
It is difficult to obtain an abandoned building for free (Article 234 of the Civil Code of the Russian Federation). This article of the Civil Code states that if a citizen lives in this house for a long time (more than 15 years), then he can acquire the right to own it.
The entire design of such houses takes a fair amount of time. First a court decision is required. The statement states:
- applicant's details;
- information about the house;
- utility bills;
- neighbors' testimony.
In rural areas, in parallel with the registration of a house, the land plot is also privatized. All design follows a similar algorithm. All such issues must be resolved using Rosreestr, as well as BTI.
Necessary documents for registration of ownership
Documents are submitted during the initial visit to Rosreestr. The required list must be clarified in advance by contacting them directly or one of the branches of the MFC (multifunctional center).
Required documents:
- Passport
- Land ownership documents
- Cadastral registration passport
- Obtained permission to build on an existing site and put it into operation
- Receipt for payment of state duty
- Power of attorney for the right to provide personal interests to another person if the applicant cannot be present (notarized)
Good to know! Either one or several owners can submit an application at the same time. The package of documents will increase depending on the number of applicants.
How to register unfinished construction?
Building a house is a difficult and costly task. It happens that a person started construction, but did not complete it. A citizen is faced with the question of how to register unfinished construction, whether it is possible to register a house and where to go. The article provides answers to common questions about unfinished construction, as well as how you can register unfinished construction using a simplified scheme.
The law provides a clear definition of what constitutes unfinished construction of a residential building. We are talking about a building that has not been put into operation. In this situation, it does not matter at what stage the construction stopped, whether the house is half finished, or the owner has just started construction. The construction of a house can be interrupted at any stage and for various reasons.
Registration of unfinished construction of a private house is extremely important; it allows you to sell the unfinished building, donate it or make other transactions with it.
It is possible to register an unfinished project, but the procedure has its own characteristics. An unfinished object is tied to a plot of land on which construction is taking place. Since the work is not completed, the house cannot be used as a living space, it is not suitable for living. The owner cannot obtain permission to put the building into operation.
- The object is of a capital nature, not temporary. That is, the construction of a building takes place on a foundation. This allows you to exclude kiosks and stalls from the list of unfinished objects;
- The house did not acquire a formal appearance during construction; work is underway at the site. In this case, it does not matter whether we are talking about the stage of arranging the foundation, walls or final finishing.
From all of the above, we can conclude that an unfinished house is a building whose installation and finishing have not been completed, but the house has a foundation. Legislators and lawyers note that it is the foundation that indicates that the constructed structure cannot be moved, so we are talking about a real estate object.
Until recently, such objects could not be owned; the authorities did not issue permission for registration. Amendments to the Civil Code of the Russian Federation have changed the situation. Now a citizen can register unfinished construction.
For state registration of an unfinished suburban real estate property, the owner must provide title documents for the land plot and permission to construct an individual housing construction project on this site. If these documents are not provided, a country real estate property may be recognized as a “squatter construction” subject to demolition.
It is also necessary to provide a cadastral passport for the plot, which indicates its boundaries. The title documents for a land plot can be a certificate of ownership (from July 15, 2020, the issuance of certificates of ownership has been cancelled; if necessary, an extract from the Unified State Register is issued), a lifelong lease agreement or an agreement for the perpetual use of a land plot.
We invite you to familiarize yourself with what is meant by an acute occupational disease - who heads the commission to investigate an occupational disease?
If the site is leased and it is impossible to construct a capital construction project on it, legal registration of the unfinished house will not be possible even through the court. In addition, the lessor has the right to terminate the lease agreement early and demolish the construction site erected on the leased site.
Simplified procedure for registering ownership of a house
All real estate construction projects are subject to registration in a simplified form. The state has developed a special program to simplify the transfer of residential buildings. This bill got its name “Dacha Amnesty”.
Category to be registered:
- Buildings erected on the territory of dacha and garden associations
- Land intended for individual housing construction with residential buildings erected on it
- Real estate built on the territory of individual housing construction (garages, sheds, bathhouses), as well as as a household plot
With simplified registration, the main thing is to correctly indicate its intended purpose and category of land.
It will be possible to draw up documents not only for houses built in a dacha, but also for buildings built on plots for individual housing construction, which also includes household buildings.
Let's celebrate! Documents can be submitted and completed until March 1, 2020. Before this deadline, it will be necessary to prepare documents without fail.
At what stage of the construction of a house can it be registered as a property?
The construction of a multi-storey building can take from three to five years. Construction begins with the purchase by the developer of the land plot as ownership, or its lease based on the results of an auction.
Construction of the facility begins after the necessary approvals from the city administration and obtaining permission, as well as drawing up a project for a multi-story building. Buying an apartment in a building under construction is always more profitable than buying a finished residential property or real estate on the secondary housing market.
There is a revival in the Russian real estate market.
Registration of ownership
To obtain it, you need to contact Rosreestr with an application for registration of property rights. You need to have a package of documents with you:
- Statement
- Identity document
- Document confirming ownership of a land plot (indicating the category of land)
- Technical passport with a detailed description of the site plan and buildings being built
- Receipt for payment of state duty
If you do not have a technical passport, you can go to the Rosreestr website and fill out a declaration with all the details. You can obtain a separate form from your local registration authority and fill it out.
When spouses purchase real estate, the property is registered for joint use. When selling real estate purchased during marriage, you also need the consent of the second spouse, certified by a notary.
Lawyers advise! If the owner is a minor, all transactions related to registration are carried out by his representatives or guardians. With permission from the guardianship and trusteeship authorities.
A “dacha amnesty” is not required in the following cases:
- Information was entered into Rosreestr and official confirmation was received
- There is confirmation from the board of the dacha cooperative or partnership that construction is permitted on land intended for dacha and garden purposes.
In other cases, you need to officially submit documents to confirm the cadastral plan and obtain a technical passport.
The purchased unfinished house is also subject to registration with Rosreestr. To register a house, you need to submit a project for the reconstruction of the building and, in addition:
- Certificate of ownership of land
- Permission from local authorities for construction
- Detailed description of construction
Good to know! All of the above actions are a standard procedure for obtaining a certificate and a construction permit. The organization registering the right of transaction may require additional documents. It is advisable to check in advance about the complete set.
Consideration times and costs
The costs of registration of dacha property include payment of cadastral works and state fees for registration of rights. Prices for cadastral works differ in different regions. The law establishes the right of local authorities to regulate them independently.
The fee for registering property rights is 350 rubles, it can be paid at any bank branch. In some localities, payment of the fee is possible directly in “My Documents” (in the registrar window or through the terminal).
The standard processing time for documents at the MFC is 9 business days (the same as for registration of ownership of an apartment). Please note that the deadline does not include weekends and official holidays.
The procedure for registering ownership of a house in transactions
It is necessary to register ownership of a house in cases where the property was received as:
- Donations
- Receiving an inheritance
- Exchange
- Purchases or sales
To register a transaction, you need to pay a state fee, contact the authority responsible for registering transactions, attach your passport and write an application.
Lawyers advise! If there are several owners, the main condition is that they all come along with documents confirming ownership. If someone cannot come, it is enough to write out a power of attorney to provide documents (notarized).
Step by step registration procedure
From a legal point of view, a building “lives” and exists if it is listed in the Unified State Register of Real Estate. If a house is not in the database, then it cannot be changed, sold, or donated. The State Main Register is a supervisory body that is responsible for administration; you should turn there first.
Collection of documentation
As in any serious matter, the technology of home decoration has its own nuances. You should collect the correct package of documents:
- certificate that the building meets architectural requirements;
- a certificate stating that the housing is suitable for living in;
- a document confirming that the housing has been put into operation.
The process of preparing documents is a separate topic; it requires a lot of time and effort. You will have to obtain a construction passport from the architectural and construction inspectorate. If the housing area exceeds 300 square meters, the house is two-story, then in this case there will be a separate discussion.
Limitations in this case are very likely. It is not possible to list them; they can be very different.
Contacting the registration service
It will be necessary to register the object with the BTI. After completion of construction, you will need to directly write an application to the BTI commission.
We recommend: Registration of a deed of gift for a private house and land. Step-by-step algorithm for the donation procedure
It is possible that such a statement will need to be written to a company that has a power of attorney to issue such certificates. From the state registration service we receive a certificate of ownership of this object.
Payment of state duty
Paying the state fee is not particularly difficult. Money can be deposited at the cash desk of any credit institution or terminal. The received check must be attached to the general package of documents.
Receiving a receipt for accepted documents
In any organization, after accepting documents, a receipt is required. It should contain:
- The date when the result of the check will be known.
- Application number.
The timing of registration largely depends on how the purchase or sale agreement is drawn up. If the contract is drawn up professionally, then in Rosreestr the preparation of papers may take about three days. The MFC usually takes two days longer to register documents.
More on the topic: Buying and selling a house with land
The cost of registering a house as a property
It is worth calculating the cost of decorating a house based on several factors:
- A large number of companies are engaged in land surveying. Depending on the size of the site and the geodetic survey, the amount may vary. The average price ranges from 12,000-25,000 rubles for plots of 0.16 hectares.
- Amount of state duty. Depending on the region and local authorities, the average payment is 1000 rubles. The change in the size of the state duty depends on the need for registering real estate.
- Payment for a cadastral passport depends on the size of the plot, its purpose and the cost of building a house. The average price is 5,000 rubles.
Good to know! The average cost of registering ownership of a house ranges from 10,000 – 25,000 rubles. Commercial companies involved in full registration will do everything for 50-80,000 rubles. The time frame will take approximately one to two months.
Based on the above, it can be noted that registering real estate does not present any particular problems. To do this, you need to carefully prepare documents, submit them on time, register them, and as a result, you can receive a certificate of ownership in a short time.
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!
Deadlines and methods of registration
Many owners are interested in the question of how much it costs to register ownership of a house.
The timing and methods of registration depend on the type of object (finished, unfinished, country house, etc.). In general, after collecting all the necessary documents, the period for consideration of the application is 10 days. It may be suspended for any objective reasons (in this case there will be an extension of the period) or canceled due to refusal of registration.
There are three main methods of registration, which have already been indicated above:
- contact the cadastral chamber in person or through a representative;
- contact the MFC;
- use the online government services service.
