Registration of a newly constructed apartment building
In order to register an apartment building or other real estate, it is necessary to prove the fact of its creation. The main evidence for legitimizing property rights, which confirms the completion of construction or reconstruction, is permission to put the constructed structure into operation according to the established model.
The document must contain:
- The correct and full name of the person who erected the building;
- The full address of the property, which must be confirmed by the relevant document on its assignment to the object;
- Construction time;
- A brief description of the building with a description of the number of apartments, area and other basic parameters;
- Technical plan of the building with a description of those parts of it that are the joint property of apartment owners.
The list of joint property that is not included and is not an integral part of the premises of an apartment building, as well as serving all residential premises, includes:
- Enclosing elements and roof of the building;
- Sanitary, electrical or other equipment for general maintenance of premises;
- Elevators and any shafts;
- Common corridors;
- Stairs;
- Basement, attic and technical floors;
- Adjacent territory (land plot).
Next, it is required to confirm the fact that the land of the site for the construction of an apartment building was allocated and permission for construction was obtained.
Proof of this is the decisions of the relevant government bodies to provide the site or a lease agreement, as well as a construction permit from the local council.
Cadastral passport of the plot
The cadastral plan may not be submitted in the case of sectional development, which must be confirmed by the developer’s explanation or the sectional construction plan.
In this case, the common land plot is formed after the final section is put into operation. If, during the construction of an object, the designated boundaries of the site were violated, this is considered squatting of land with unauthorized development and entails corresponding legal consequences.
The next document required to register property rights is a building plan indicating the cadastral number assigned to it. The document is issued by the body authorized to maintain and record the cadastre.
Guest house on a private housing plot: how to register
The situation is this: the land plot is owned by one owner. The plans are to build a small house and then a large house. Both with landscaping. There is a desire to subsequently use both houses (the owner will remain alone). As far as I know, previously the main house was not accepted into operation until the heating in the “makeshift” building was dismantled. Is the “one plot - one house” restriction currently in effect? What purpose can a building be located on an individual housing construction site (except for a residential building), so that it can have amenities (water, sewerage, heating). That is, it will not be theoretically (I can come up with this myself), but so that a mention of the admissibility of such a structure will be in the ND.
- the land plot is intended for running a personal subsidiary plot, it is submitted to the conclusion of the local government body that the real estate object being created or created is located within the boundaries of the specified land plot.
Agreement with investors
A document certifying the right of an individual investor to become the owner of an apartment is an investment agreement. Registration of ownership of an apartment building is carried out with their legal examination.
For an investment transaction to be legal, it must be concluded with a person authorized to attract investment from investors.
The developer, a legal entity, is required to present the charter and constituent documents of the enterprise, as well as the appropriate permit to conduct such activities.
An individual entrepreneur acting as a developer is also required to submit documents confirming his status. If investor investments are not attracted by the developer himself, it is necessary to submit agency agreements that allow the appropriate representative to do this.
The investment agreement must indicate the name of the object, its actual location, as well as the area of the occupied site and the composition of apartments, etc. This data should subsequently reflect the agreement on the assignment of property rights at the time of its conclusion.
On the possibility of building a hotel on individual housing construction land
Land legislation divided the country's territory into 7 categories of land. Of these, only two are available for citizens to own: farmland and land within populated areas (settlements). But a purchased or privatized plot cannot be used in any way. There is a specific purpose for it, prescribed in regulations. Violation of them may result in the loss of property, which will be confiscated.
Important! Residential buildings built on such plots in a residential zone must meet the requirements applicable to individual housing construction: no more than three floors and a total area of no more than one and a half thousand square meters. It is assumed that only one family lives in such a house, however, the presence of several apartments will not be a violation.
Decoration of the local area
The local area is a part of the land located directly under and around the house with clearly defined boundaries.
Project of a local area in an apartment building
It also falls under the definition of real estate and, therefore, the rights to own it arise from the moment of state registration in the cadastre.
Then it becomes free of charge the joint shared ownership of the owners of the premises - the residents of the apartment building.
To register the rights to joint shared ownership of land, the owners of the premises hold a general meeting on this issue and appoint a person responsible for carrying out the necessary activities.
About the project declaration
An important condition adopted by the Federal Law in 2004 is that after a construction permit is issued, a project declaration must be published. Moreover, this must be done no later than two weeks before the date of signing the first agreement on shared participation in the construction.
Only after this the developer receives the right to accept borrowed funds from shareholders.
Registration of ownership of an apartment building requires the submission of a supporting document confirming the fact of publication with the corresponding date.
Information about the developer
Information about the developer must include:
- Name in full form.
- Mode of execution of work by the developer.
- Information that the developer has been registered in the state register.
- Information about the participants or founders of the developer.
- A message about which projects for the construction of apartment buildings or other real estate the developer participated in the three previous years prior to the date of publication.
- Information about the license number and the type of activity being carried out that is subject to licensing and about the body that issued this document.
- Financial results of work: the amount of equity, the amount of accounts payable as of the date of publication and the amount of profit (loss) in the current year.
Information about the construction project
Such information includes:
- Description of the stages, terms of construction, goals of its implementation.
- The results of the state examination of design documentation.
- Permission to carry out construction.
- Data about the land plot (rent or ownership), its area and border, planned landscaping.
Land data - Information about where the apartment building is located.
- Data on independent elements in the multi-apartment building that will be transferred to share investors, their characteristics.
- Information about what functions will be assigned to non-residential elements in an apartment building.
- Data on joint property of an apartment building.
- Information on the planned completion dates for multi-apartment construction.
- List of local authorities and organizations that will participate in the reception of the facility.
- Warning about financial risks and insurance measures taken accordingly.
- List of construction contractors.
How to Register a Guest House on an Izhs Plot
A plot of private household plot is called a field plot if it is located outside the boundaries of a populated area, in which case the plot falls into the category of agricultural land. The use permitted by law depends on whether the plot of private household plot is located within the boundaries of a populated area or beyond: 1.
Lands in the Russian Federation are divided into categories, depending on their intended purpose, including agricultural lands (hereinafter referred to as agricultural lands) and lands of populated areas. The lands of each of these 2 categories are further subdivided according to the type of use of the land plot.
Extension to an apartment building
It's no secret that every owner of a small apartment wants to somehow increase its area. The solution may be the construction of an extension, non-capital or capital.
Important! You should always remember that in order to avoid financial sanctions, any construction must be properly legalized.
Non-permanent extensions have the following technical properties:
- Stairs up to 10 sq. m without installing a foundation;
- Collapsible terraces up to 30 sq.m. m;
- Canopies without changing the height of the wall of a residential building and more.
Capital extensions are equated to reconstruction, which changes the following technical properties of an apartment building:
- Wall height;
- Room area;
- Number of floors of the house;
- Construction;
- Use of the area under the extension (change of boundaries).
Registration of extensions
No special approval is required to carry out a non-permanent extension. Only after the installation is completed, you need to hand over the building to the council representatives and sign the acceptance certificate.
To construct a major extension, all owners of the premises and residents of the apartment building must agree.
This is followed by the development of the project and its coordination with the consumer and fire inspection. The next step is to obtain a conclusion on the absence of communication networks under the future extension and approval of the project by the town planning committee. And only now they are submitting an application to the local council for redevelopment.
After completion of the work, they sign the acceptance certificate for the completed redevelopment, and then submit an application to the BTI and register in the unified state register.
Failure to register or improperly register an extension equates it to unauthorized redevelopment and squatting of a plot of land; a fine is imposed on the owner with the condition of legalization or return to its original form.
writ of execution for demolishing an extension to a house
If the major extension has not been formalized and there is a need to sell the apartment, completing the transaction will be problematic: the new owners are unlikely to take on the costs and registration of the extension themselves.
How to register a built house on an individual housing construction site
- During the trial, for which you will need to send an application to the court;
- Resort to a trick by obtaining a building permit retroactively. Naturally, there is no need to say that the house has already been built;
- Submit an application to the commission for the suppression of unauthorized construction. The application must contain a request to preserve the house. If the commission meets the owner's request, the building will be legalized, and all papers will be handed over to the owner. If the answer is negative, the owner may go to court.
The declaration is filled out by the owner of the house independently; it can either be downloaded on the Internet on a portal belonging to Rosreestr, or taken from the local branch of Rosreestr. The information specified in the declaration is not verified by representatives of the above-mentioned organization.
