Is it possible to build a hotel on a plot for individual housing construction?

Victoria Rybalko, partner at the Moscow law firm Shcheglov and Partners, answers:

As a general rule, ownership of a building is registered in the name of the owner of the land plot. However, after registration of ownership of the guest house, the land plot, if there are legal grounds, can be divided into two. And then re-register ownership of the land and building. You can also try to allocate the marital share, for example, under a marriage contract, according to which the ownership of the guest house will pass to one of the spouses, who is an individual entrepreneur.

If there are no legal or moral grounds for the above options, it is possible to conclude a lease agreement for a guest house and then sublease it.

It should be noted that in the described situation, the owner will have the obligation to pay personal income tax on income received from leasing real estate, and he will also be deprived of the right to tax benefits in the event of the sale of rented real estate.

Legal General Director Alexandra Brodelshchikova answers:

The guest house erected is an unauthorized construction, since no prior permission for its construction was obtained.

In this regard, recognition of ownership of it is possible only in court. To do this, it is necessary to prepare a claim for recognition of ownership of the unauthorized construction.

The claim must justify whether the guest house complies with the requirements of SNiP (building standards), SanPiN (sanitary and epidemiological standards), fire safety standards and regulations. It is also important to prove that it does not pose a threat to the life and health of citizens.

In judicial practice one can find many examples of successful recognition of ownership rights to self-construction. Thus, by the decision of the Levoberezhny District Court of Lipetsk dated December 26, 2016 in case No. 2-2223/2016, the claim for recognition of ownership of an individual residential building, including a guest house, was satisfied. The plaintiff was able to prove that the erected structure complies with all construction, sanitary and fire safety regulations, and also does not threaten the safety of life and health of people.

The director of the legal service “Unified Center for Protection” (edin.center) Konstantin Bobrov answers:

If you previously received permission to build a guest house, then you should not have any problems. And if it was erected in the absence of such permission, then there is a risk that it may be recognized as an unauthorized construction through the court and oblige you to demolish it at your own expense. To prevent such a situation, you need to file a claim in court to recognize the ownership of a guest house built without permission. In this case, you will have to prove that the building does not pose a danger to others and complies with building rules and regulations.

Alexey Sharov, head of the Istrinskaya Dolina sales department, answers:

A guest house has much in common with a hotel, but its main difference is that it must have at least 10 rooms.

To register a guest house, you can create an individual entrepreneur with a simplified taxation system. You will need to obtain a sanitary and epidemiological certificate, permission from the fire department, and certification. If you have a shared kitchen or dining area, you will also need to obtain sanitary permits.

Text prepared by Maria Gureeva

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The main task of any owner of a land plot and real estate built on it is to register objects in the Unified State Register of Rights to Real Estate and Transactions with It. In other words, real estate must have registered ownership. This is necessary so that in the future the owner can dispose of his property at will.

To register ownership of guest houses, it is also important to consider what categories the land on which the guest house was built belongs to. If the guest house is built on land intended for individual housing construction, personal subsidiary plots, country houses, gardening or garage construction, then you can go through the registration procedure using a simplified procedure (dacha amnesty).

The general procedure involves obtaining a construction permit and putting the building into operation.

Purpose of land

Anyone who acquires a plot of land for the first time is faced with such concepts as the status of the allotment, the category of land, VRI - the type of permitted use of the land plot.

At first, it can be difficult to understand how private household plots differ from SNT and individual housing construction. And how do these concepts relate to the question of how to build a hotel on individual housing construction land?

Each land plot belongs to one of seven categories that exist in Russia. Among them:

lands of populated areas;
agricultural category;
water fund;
forest lands;
stock;
specially protected;
industrial.

All residential buildings and structures were built on the lands of settlements. Each category contains from several to several hundred permitted uses (APUs).

For individual housing construction it is also one of these types. Individual housing construction - individual housing construction.

That is, these are lands on which you need to build a residential building for one family. “Necessary” because this is the status of this land plot or its intended purpose. Let's see what can happen if this principle is violated. For example, if you build a hotel on private housing construction land.

How does the registration of a guest house on an individual housing construction site take place?

To register a guest house on a private housing plot, you must go through the registration procedure with Rosreestr according to a simplified scheme (dacha amnesty). For this purpose, the following documents are pre-prepared:

owner's passport;
a declaration indicating the legal ownership of the land plot and the fact of construction by the owner of the objects;
application for registration and registration of objects;
receipt of payment of state duty;
permitting document for putting the facility into operation.

After reviewing the documents and checking them, Rosreestr will issue a certificate of state registration of ownership of the object. After this, the owner can dispose of the property at his discretion.

As for paying taxes, you will have to pay for a guest house:

Land tax.
Property tax for individuals.
Income tax in case of renting out a house.

Hotel on a plot for individual housing construction

A hotel on a site for individual housing construction is the same violation of the rules as an apartment building. A hotel is a place where services for temporary accommodation of guests are provided. Neither by definition nor by the structure of the house are a hotel and a residential building on an individual housing construction site similar to each other.

In a hotel, even with a small number of rooms, the house is supposed to be divided into rooms, each of which is provided with amenities. It is unlikely that the house planned for a hotel will be accepted. But, if this is so, then any complaint from neighbors will put an end to such a business.

A good solution would be to change the type of permitted use. It's not that easy, but it's possible. Currently, the change of VRI occurs upon the application of the owner to Rosreestr.

Documents you will need:

statement;
copy of the passport;
extract from the Unified State Register or certificate of ownership.

The application must accurately indicate the name of the desired VRI. It should be in the Classifier. If the issue is resolved positively, the hotel can operate legally. Otherwise, the hotel business will have to be conducted in constant fear for its construction.

Is it possible to build?

First of all, after receiving documents for a land plot, you must obtain a building permit. This is a document that is issued by authorized organizations and gives the right to construction and subsequent registration of the building. Without permission, the facility will not be accepted and put into operation.

Another necessary document before starting construction should be the project. The project for development on individual housing construction lands is prepared independently. It includes all buildings, communications, and their location.

A building permit confirms that the project complies with the site plan. Without permission it is impossible to start construction.

Even at this stage, when preparing the project and obtaining permission, it will be problematic to draw up documents for the construction of a future hotel. But there are citizens who skillfully use the ambiguity of wording and manage to build a small hotel on their site.

In this case, the number of floors, area and other requirements are met. But individual housing construction lands are not intended for commercial activities. Some entrepreneurs, in order to avoid punishment, transfer land to another type of permitted use.

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.

On what land can you open a hotel?

It is worth mentioning that a hotel can be built on individual housing construction lands.

House

It is possible to build a house on an individual housing construction plot, provided that only one family lives in it.

He must:

be located separately;
not be attached to other residential buildings;
occupy no more than one and a half thousand square meters.

According to the standards, the house should not exceed three floors, otherwise it entails administrative liability.

Here you can familiarize yourself with SNiP for individual housing construction.

Hotel

Whether it is possible to build a hotel on private housing construction lands is not stated in the law, but this conclusion is based on what is said in it.

As mentioned earlier, the construction of exclusively low-rise buildings in which only one family can live is allowed on individual housing construction lands.

But the concept of a low-rise building in our time is somewhat broad, so it is worth clarifying certain aspects of construction on individual housing construction lands.

Thus, houses with a height of up to three floors can be:

Residential individual premises.
Utility or industrial premises (warehouses).
Commercial premises (shops, shopping centers, restaurants, hotels).

Turning to the Town Planning Code, namely its paragraph 3, Article 48, the placement of design documentation is not necessary for individual housing construction.

That is, the developer can, at his own discretion, carry out the building project, having only received permission from the local government authority.

Other objects

The main permit for the development of individual housing construction plots is for single-family residential buildings, as well as multi-apartment buildings of no more than three floors in height.

Ancillary permits for the use of individual housing construction land are also taken into account.

Important

Land Code of the Russian Federation for recreational purposes includes lands intended and used for organizing recreation, tourism, physical education, health and sports activities of citizens, as well as land plots on which there are rest houses, boarding houses, camping sites, physical culture and sports facilities, tourist centers, stationary and tent tourist and recreational camps, fisherman's and hunter's houses, children's tourist stations, tourist parks, forest parks, educational and tourist trails, highways, children's and sports camps, other similar objects

.
And most importantly: these plots can be privately owned and freely disposed of on the market.
The only imperative condition: the owner must use the land
in accordance with recreational purposes
.

To understand the versatility of the use of recreational lands, let us turn to the regulatory documents. There is an all-Russian classifier of types of permitted use of land plots (approved.

Order of the Ministry of Economic Development of the Russian Federation dated September 1, 2014 N 540).

Info

Is it possible to build a mini-hotel on your own site? From the point of view of legislation, a mini-hotel does not apply to residential buildings.

Is it possible to open a hotel in a residential building?

It’s another matter if the field plot is located outside the boundaries of the settlement itself or if agricultural land is provided for it.
In this case, construction is not allowed on field sites. To put it simply, you can build a house and other buildings on a personal plot (in compliance with all the rules that are the same for construction, fire safety, and hygiene), and you can also produce various agricultural products (plant plants, raise poultry, set up an apiary).

In a house built on such a plot of land, you can register at your place of residence and receive a property deduction.

On the field land plot it is possible to produce agricultural products and erect non-permanent buildings. It is prohibited to build a residential building, and if it is built, it may be demolished.

Your own business: opening a mini-hotel

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.

There are more than 3,000 acceptable ways to use the plots.

They are listed in a special classifier. It is worth contacting him at the planning stage of certain actions, for example, the construction of a hotel on an individual housing construction site.

Otherwise, there is a high probability that the building will be declared unauthorized and subject to demolition. What lands are allocated for individual housing construction? Citizens have access to purchase plots for individual housing construction.

Often, to turn an apartment into a hostel, its redevelopment is required.

The prices for these services are those accepted in the territory of a particular locality.

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call :

Moscow: +7(499)350-6630.
St. Petersburg: +7(812)309-3667.

The ability to change the category to which a site belongs is prescribed in Federal Law No. 172.

Objects that can be built

The main purpose of the territory of individual housing construction is the construction of buildings of some type on it.

Therefore, when buying a plot, you need to understand that within 5 years .

If, after this period, the land remains vacant, it may be considered unused and local authorities may repossess it.

Having planned construction, it is very important to coordinate this action with the municipality.

Those who purchase a plot of land most often plan to build a residential building on it. If the object is built according to all the rules, it will be given the status of residential premises. This means that it will be possible to obtain permanent registration there without difficulty. One of the restrictions on construction is the area of the house - it cannot exceed 1500 meters. The building cannot be attached to other objects - it must be located separately.
In addition to residential premises, the owner of the plot has the right to erect outbuildings. For example, a bathhouse, a garage, a flock or a barn. We must not lose sight of the right to set up a garden at home for personal use.

When planning the development of the territory, it is necessary to comply with the norms established by law. For example, there is such a thing as a red line. This is a strip that separates the street from a private area.

Among them:

lands of populated areas;
agricultural category;
water fund;
forest lands;
stock;
specially protected;
industrial.

All residential buildings and structures were built on the lands of settlements. Each category contains from several to several hundred permitted uses (APUs).

For individual housing construction it is also one of these types.

Individual housing construction - individual housing construction.

For example, if you build a hotel on private housing construction land.

Legal Forum

“The placement of the house and outbuildings on the site, the distance from them to buildings on the neighboring site, as well as the composition, purpose and area of public premises built-in or attached to the house, including those related to the owner’s individual entrepreneurial activities, must comply with the restrictions established in construction permit and (or) architectural and planning assignment in accordance with current legislation, regulatory documents for design and construction and requirements arising from the legally protected rights of residents of neighboring houses (residential blocks).

In built-in or attached public premises, it is not allowed to place construction materials stores, stores containing explosive substances and materials, as well as consumer service establishments that use flammable liquids (with the exception of hairdressers, watch and shoe repair shops).”

What can be built on individual housing construction lands: house, bathhouse and other buildings

Wooden houses are located at a distance of at least 15 m from the neighboring residential building.
The interval between stone buildings can be from 6 m.
The distance from the house to the outbuildings is more than 4 m.
Location of the gas tank storage location outside the house.
Use of electrical wiring coated with protective material.

distance from the demarcation line with the neighboring site - from 3 m;
distance to the nearest residential building – 5 m;
location of the facility with orientation to the wind rose to prevent smoke from neighboring residential buildings;
erection of a building on a hill, in the case of construction work in a region with heavy rainfall.

Registration of a guest house on a private housing plot

Without exception, all real estate objects located on the territory of the Russian Federation are subject to state registration. Registration must be carried out at the initiative of the owner, by submitting an application and the required documents to the Rosreestr institution. Confirmation of registration is a hand-delivered certificate of ownership of the house. In the process, absolutely all information about real estate and data regarding its owner are entered into a single state register, the so-called cadastral database. Moreover, only completed registration of rights to a built private house gives a citizen the opportunity to enter into any transactions with it, including not only sale, rental or exchange, but also rent, deed of gift, will and inheritance in general.

Carefully consider the interior of your mini-hotel, calculate the required amount of furniture, household appliances, plumbing fixtures, textiles, dishes, cleaning products, etc. Each room must have at least one window (a metal-plastic one that opens for ventilation or a regular one, but with a window) and a bed (a single bed measuring at least 80 by 190 cm, and a double bed measuring at least 140 by 190 cm). Windows must be equipped with mosquito nets.

Registration of a house on an individual housing construction plot

Legal experts insist that the construction of an apartment building on an individual housing construction site is possible. But there is one contradictory rule. To begin construction, you will need to change its type of use. Consequently, the territory will no longer be included in the individual housing construction group.

Trouble arises at the moment of receiving it. After all, the infrastructure near the building must be developed and the necessary communications for comfortable living must be available. They are not calculated for private real estate, but for multi-apartment real estate. Therefore, redoing a building permit is a costly procedure.

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.

How to register a house on a plot of land - useful tips

If, due to any circumstances, you are denied state registration of a house built on a plot of land and you believe that your rights have been violated, you should file a claim on this issue with a judicial authority. The judge will require you to provide all documents collected. If the court makes a positive decision in your case,

Address certificate for the constructed residential building.
Cadastral passport.
Certificate of ownership of the second constructed object.
A document that will confirm this right for you - this could be, for example, a purchase and sale agreement, lease, gift, etc.

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.

Construction on individual housing construction lands in 2020

There will be no communications connected to the house; there will be difficulties in obtaining permission to construct a sewerage system or water supply (if gross violations were committed during construction, then the installation of communications will be technically impossible) The owner will not receive permission to put the house into operation. Legal transactions cannot be carried out with the house. sell, exchange, donate, inherit, etc., until permission is received. In court, the owner can be deprived of his rights to property; the fate of the house is decided by the authorities and if the basic norms and rules do not comply, it is subject to forced demolition

A certain territory is allocated for the house, the boundaries of which are at a distance of more than 5 from the road and the neighboring plot. If you plan to build outbuildings, a bathhouse and other non-residential premises, then they must be located 5 or more meters from the house. The construction of apartment buildings on individual housing construction lands is not allowed. There must be one residential building on the site, for one family. The distance from the forest must exceed 15 meters The rainwater drain should not be directed towards the neighboring plot. After completion of construction, the house will need to be registered, which is only possible if it complies with SNiP

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.

What buildings can be built on the individual housing construction plot next to the house and is reconstruction of the facilities permissible?

According to the Federal Law “On the General Principles of the Organization of Local Self-Government in the Russian Federation” dated October 6, 2003 No. 131-FZ, road activities in relation to local roads within or outside the boundaries of settlements, municipal districts or urban districts and ensuring road safety they relate to issues of local importance in relation to a settlement, municipal district or urban district.

In addition to the construction of a single residential building on the site, the standards of the Town Planning Code allow the construction of some other objects. However, they have serious requirements. Further in the article all the options for permitted buildings and the standards required for them are discussed.

13 Jan 2020 uristland 221

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Land issues

When submitting documents, it is not necessary to provide a permit to put a facility into operation or a construction permit to the registration authority. If the applicant has not provided such documents, then the body carrying out state registration of rights independently requests these documents from local government bodies.

Read also: Land ownership – what is it?

A residential building is an individual building consisting of rooms and premises for auxiliary use. In the Town Planning Code (clause 3 of Article 48) it is defined as an object intended for single-family residence, with no more than three floors . In the recently introduced classification of types of permitted use of land plots [5], “low-rise residential development” means the construction of individual residential, country and garden houses. The main features of an individual housing construction project also include the isolated location of the house (as opposed to a blocked residential development, when several residential buildings have common walls).

Video about the permitted use of land plots

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
Call the hotline:
Moscow and the Region
St. Petersburg and region
Regions

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Experiencing financial difficulties, the family decided to rent out rooms in their own house to tourists for seasonal accommodation. Why does the law prohibit them from using their own residential building as a hotel on land for private housing construction? The fact is that in this case there are signs of using the land plot not for its intended purpose, in violation of the type of permitted use of the land plot.

The law prohibits the use of an individual residential building as a hotel in order to benefit from the provision of residential premises for temporary residence in them. Considering that the type of permitted intended use of the land plot on which the house is located is for individual housing construction, the requirements of Article 42 of the Land Code of the Russian Federation are violated - the use of the plot is not in accordance with its intended purpose.

In accordance with paragraph 1 of Article 42 of the Land Code of the Russian Federation, owners of land plots and persons who are not owners of land plots are obliged to use land plots in accordance with their intended purpose in ways that should not harm the environment, including the earth as a natural object.

According to the classifier of types of permitted use, approved by order of the Ministry of Economic Development of the Russian Federation No. 540 dated September 1, 2014, residential development includes the placement of residential premises of various types and provision of accommodation in them. Residential development includes buildings (premises in them) intended for human habitation, with the exception of buildings (premises) used for the purpose of deriving business benefits from the provision of residential premises for temporary residence in them.

Second house on a private housing plot: how to register it

Currently, you do not have to submit the necessary documents to the territorial bodies of Rosreestr at the location of your home in person. You can send them by certified mail with value declared. Only in this case you need to notarize the authenticity of your signature on the application for state registration of rights.

A permit for the construction of an individual housing construction house is necessary so that during construction all requirements for the safety of the residential structure being built are met, as well as for the safety of the environment, and for the house’s compliance with the general architectural plan of the village. Permission to build an individual housing construction house can be obtained after coordinating and approving the house project and collecting all the necessary documents permitting the construction of individual housing construction on the land. If the owner has received permission to build an individual housing construction house, this means full compliance of the designed house with the requirements stipulated by the Land Code of the Russian Federation, Construction Norms and Rules (SNiP), the Town Planning Code of the Russian Federation, and state legislative acts.

In the video about the acquisition of a plot of land for individual housing construction

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

via the form (below), or via online chat
Call the hotline:
Moscow and the Region
St. Petersburg and region
Regions

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

No hotel, no industrial plant, or any other building other than a single-family residential building can be built. Cases flash in the news from time to time when bailiffs carried out a court decision and demolished illegal buildings, no matter how solid they may seem.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

+7 (Saint Petersburg)

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FREE !

A plot of land for individual housing construction is allocated only to solve the housing problems of one specific family. Despite the fact that the site is owned and construction is being carried out with the owner’s personal funds, the owner of the site will not have the right to build what he wants.

Not only the intended purpose of the land must be taken into account, but also all building codes and regulations. The distances from the red line, between neighboring houses and in relation to the fence, all this is strictly regulated. Violations are punishable by fines and requirements to correct construction errors.

Register a house on a private housing plot

Dimension of area. External materials from which the walls are made. Connection to utility networks Without a building permit If a house was built on the territory, but permission for its construction was never received, the following points should be followed: Invite a cadastral engineer to inspect the territory and identify construction violations, if any.

in a garden partnership: Original certificate for the land plot Cadastral passport of the land plot Declaration for the property (instead of documents from the BTI), filled out by the owner or an authorized representative Passport of the owner, or notarized power of attorney for the person representing the interests of the owner Paid by the state.