How to register a built house on a plot of land? Step-by-step instruction

How to register a built house on a land plot of individual housing construction and SNT?

In accordance with the legislation of the Russian Federation, all capital structures, including garages, bathhouses and outbuildings, are subject to registration. And in the future, these real estate objects are subject to property tax for individuals.

Since August 4, 2021, the legislation in the Russian Federation has changed regarding the legal regulation of the construction of houses, both residential and garden. Now, in 2021 , there is a notification procedure for construction and registration of ownership in SNT (garden non-profit partnerships) and on individual housing construction lands (type of permitted use of the site - individual housing construction).

It is no longer required to obtain a building permit for the construction of a house on land plots with permitted use for individual housing construction and personal subsidiary plots. For individual housing construction projects and for the construction of a garden house or residential building, an obligation is established for owners or tenants of land plots to notify about the planned construction of a house and the completion of this construction. Commissioning, as well as a building permit, are not required from 2021.

Suspension of accounting

Reasons why the registration of a residential building may be suspended:

The building extends beyond the cadastral boundary of the site. This is usually detected immediately after the engineer’s measurements. To resolve the issue, it matters on whose lands the building is partially located - neighboring or public lands, as well as the size of the protruding part of the house.

If the house falls on a neighboring land use, it is possible to redistribute this piece with the neighbor. When occupying gardening lands, if they are not registered within the boundaries, you can try to change the cadastral boundary of the plot on which the house is located.

In place of the erected object, another object is listed in the Unified State Register of Real Estate (garden house, summer kitchen, etc.). Most likely, you have already demolished the old building, but you have not legally registered its demolition. In this case, it is necessary to prepare an inspection report for the destroyed building, submit it to the MFC in order to remove information about the liquidated object from registration, and then resume registration of the residential building.
The presence of an encumbrance on the site - for example, a ban on capital construction due to the location of the site on the site of the railway right-of-way. Or any other restriction related to special use zones. The urban planning plan of the site or an extract from the Unified State Register of Land Registers contains information of this kind.
A minor error in the documents submitted for registration, which is corrected by resubmitting the electronic form of the technical plan.

What needs to be done before starting construction of a house?

Before starting construction of a house, the developer must submit a notification to the local administration:

On paper through personal contact
Through the multifunctional center
Through the government services portal
By post with acknowledgment of delivery.

The notice of planned construction must contain the following information:

Full name, place of residence of the developer, details of an identity document (for an individual);
The name and location of the developer (for a legal entity), as well as the state registration number of the entry on state registration of the legal entity in the unified state register of legal entities and the taxpayer identification number, except if the applicant is a foreign legal entity;
Cadastral number of the land plot (if available), address or description of the location of the land plot;
Information about the developer’s right to the land plot, as well as information about the existence of rights of other persons to the land plot (if there are such persons);
Information about the type of permitted use of the land plot and the capital construction project (individual housing construction project or garden house);
Information about the planned parameters of an individual housing construction project or garden house, for the purpose of construction or reconstruction of which a notice of planned construction was submitted, including setbacks from the boundaries of the land plot;
Information that the individual housing construction project or garden house is not intended to be divided into independent real estate objects;
Postal address and (or) email address for contacting the developer;
Method of sending notifications to the developer.

You can view the official notification form approved by Order of the Ministry of Construction of Russia dated September 19, 2018 N 591/pr by clicking on the link Form of notification of planned construction.

The following is attached to the Notice of Planned Construction:

Title documents for a land plot if the rights to it are not registered in the Unified State Register of Real Estate;
A document confirming the authority of the developer’s representative, if the notification of the planned construction was sent by the developer’s representative;
Certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the developer is a foreign legal entity;
Description of the external appearance of an individual housing construction project or garden house if the construction or reconstruction of an individual housing construction project or garden house is planned within the boundaries of a historical settlement of federal or regional significance.

Next, the local government body considers the submitted notification within seven working days from the date of its receipt by the administration and sends a notification to the developer about the compliance or non-compliance of the parameters of the individual housing construction object or garden house specified in the notice of planned construction with the established parameters and the admissibility of placing the individual housing construction object or garden house on a plot of land.

How to register a residential building in SNT

On December 8, 2021, the law on the extension of the dacha amnesty No. 404-FZ came into force.
This means that owners of garden plots, until March 1, 2026, can forget about receiving a notification for compliance with acceptable parameters and other inconvenient issues regarding the coordination of the location of the facility with local authorities. You purchase a plot of land in SNT, build a house on it, and then register it with Rosreestr - this is a simplified procedure, no permitting documentation is needed.

Link to document:

Step-by-step instructions for registering a residential building:

Order a technical plan. The production of this document is carried out by cadastral engineers.

An engineer will come to your site to take internal measurements and determine the location of the building on the site. By the way, the lack of land surveying will not in any way affect the process of registering a house under the dacha amnesty.

The technical plan is issued to the owner in electronic and paper form, the first version is for submission to the authorized authority, the second remains with the customer of the work.

All that remains is to submit the application along with the technical plan to Rosreestr.

The easiest way to do this is by visiting any branch of the MFC. However, for the emergence of the right you still need to pay a state fee - it will be 350 rubles.

In 12 days, an extract from the Unified State Register will be ready for your home - registration is completed.

Documents required for drawing up a technical plan:

Declaration. Most garden houses are registered according to a declaration, which is an appendix to the technical plan. By law, it is filled out by the property owner. In practice, engineers themselves enter all the necessary data into the declaration, and the owner of the site checks and signs. The document indicates the characteristics of the house - year of construction, wall material, number of storeys, area, etc. It will not be needed if you have design documentation.
Extract from the Unified State Register or land certificate.

There is a very important note for those planning construction in SNT. When constructing a garden house, it is necessary to comply with boundary distances and other urban planning requirements. After all, a building that violates the norms, even registered in Rosreestr, can still be declared a self-development. The administration has the right to demand the demolition of such a building in court.

Order an extract from the PZiZ, urban planning plan (MFC, State Services portal). Familiarize yourself with the setbacks, maximum dimensions, maximum building percentage and other important parameters that are allowed in the area where your site is located.

As for the demolition of a registered house by court decision, this is only possible in case of very serious violations - a threat to life and health, damage to the property of third parties. However, in order to protect yourself in the future from any claims from local governments or neighbors, we recommend using town planning regulations during construction.

Actions of the developer after completion of construction of the house

After completion of construction, the developer must again submit a notification to the local government no later than one month from the date of completion of construction, using the methods indicated above.

Attach to the Notice of Completion of Construction:

A document confirming the authority of the developer’s representative, if the notification of the planned construction was sent by the developer’s representative;
Certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the developer is a foreign legal entity;
Technical plan of an individual housing construction project or garden house;
An agreement concluded between the right holders of a land plot to determine their shares in the right of common shared ownership of a built or reconstructed individual housing construction project or garden house in the event that the land plot on which the individual housing construction project or garden house is built or reconstructed belongs to two or more citizens on the right of common shared ownership or on the right of lease with a plurality of persons on the tenant’s side.

Within seven days, the local government body reviews the notification, checks the documents and the house, and sends a notification about the compliance of the built or reconstructed individual housing construction project or garden house with the requirements of the legislation on urban planning activities, or about the non-compliance of the built or reconstructed individual housing construction project or garden house with the requirements legislation on urban planning activities, indicating all the grounds for sending such a notification.

Next, the local government body, in the manner of interdepartmental cooperation, sends documents to Rosreestr for registration of the house and you will not have to worry about how to register the built house on the site.

But the developer can also submit applications for registration independently through the MFC or the government services portal.

The procedure for registering a house

How to register a house with the cadastral register? This is done by the owner. If a citizen who has not reached the age of 18 acts on behalf of the owner, a legal representative acts instead.

Registering a house on the cadastre - you need to collect a package of documents:

Statement.
Technical plan.
The basis on which ownership was acquired. These can be various civil contracts, such as donations, purchases and sales, etc.
Receipt of payment of the duty.

The registration procedure takes place in Rosreestr. But the applicant has several options for applying for the service. He can personally visit Rosreestr, and also transfer a package of papers through the MFC.

The period for registration on the cadastre is 10 days, excluding weekends. It includes the actions of Rosreestr employees regarding the transfer of ownership. If documents are submitted through the MFC, the period increases to 12 working days.

Methods of circulation

You can deregister a private house or put a new one on it with registration of the right in Rosreestr. But he is not represented alone. In addition to him, the MFC is dealing with this issue. This institution performs exclusively intermediary functions. MFC is an intermediate link between the population and registration authorities. If you submit documents to this institution, the waiting period will be delayed for several days.

MFC provides quality services. The units are equipped with electronic terminals. In them, the applicant receives a ticket and waits in an electronic queue. After checking the documents by an MFC employee, he hands them over against signature. A notification will be sent to your phone when new ones are ready.

If the user submits documents through Rosreestr, then it is necessary to write an application according to the sample and attach documents. An employee of the registration authority carefully examines the documents. A receipt is issued that they have been accepted.

Required documents

To carry out registration actions, prepare a package of documents:

Passport. This is the applicant's main document. If another person acts on his behalf, then he needs a power of attorney certified by a notary.
The document is the basis on which the applicant has the authority of the owner. This could be a donation, a privatization agreement, or permission to put a house into operation. All documents must be in 2 copies.
Plan (technical), land surveying, territory plan map, etc.
Application for registration actions.
Receipt for payment of state duty.

In special cases, Rosreestr has the right to request other documents.

Sample application

Cost of registering a house

For the provision of various services, the state collects mandatory fees from the population. This is a fee that varies in size. It is paid upon transfer of documents. The MFC has special terminals that accept funds to pay for services. But you must remember that the machines do not give change and you will have to carry an amount of cash with you equal to the cost of the duty.

You cannot pay the fee with a bank card for all categories of services. Many users still turn to trusted banks and pay the fee at Sberbank, through an operator or terminal. The amount of the duty is determined by the Tax Code of the Russian Federation. It all depends on the type of service, category of payers.

IMPORTANT: a distinction should be made between payment of the cadastre and the fee for registration actions related to the transfer of ownership. When registering private property, no fee is charged. When paying a fee for registration actions, a fee is charged under Art. 333.33 Tax Code of the Russian Federation.

Application processing time

Registration on the cadastre differs in terms of the provision of services by Rosreestrom and the MFC. Let's compare:

Name	Rosreestr (days)	MFC (days)
property registration procedures	7	9
accounting (cadastre)	5	7
procedures combined above	10	12
registration procedures by court decision	5
in case of encumbrance of real estate	3

Nuances of registering land and buildings in SNT according to Federal Law No. 93

Federal Law No. 93 treats buildings as illegal if they are not properly registered. In litigation, for example with neighbors, it is difficult to defend your rights to illegal construction. A decision on demolition may be made. It’s easier to register a building than to pay for lawyers, court costs and demolition.

Federal Law No. 93 normalizes the registration of houses in SNT and DNT, built before the Land Code, the main regulator of land law in the Russian Federation, came into force.

Other registration details:

Capital buildings are registered as property; the provisions of the law do not apply to temporary and utility buildings;
Buildings up to 3 floors high are registered, including the basement and basement;
There are no building area requirements, but large structures may raise questions and difficulties.

A house cannot be registered as a property if it:

transferred for use under a lease agreement;
transferred for free use;
is of cultural value;
the territory of the land plot is located in a national park or reserve.

In any case, before starting the registration procedure, it is better to get qualified advice, eliminating unnecessary expenses and saving your own time.

The “dacha amnesty” was introduced in 2006 and then extended. The latest extension until 2021 has complicated the procedure, and it is difficult to say whether it will be extended in the future or whether it will become even more complicated. There is no need to risk delaying the registration of capital buildings in SNT, especially considering the possibility of free registration by municipal services until the 20th year.

Registration is the right of the owner

The owner of the land or his authorized representative can register a house in SNT. The procedure is as follows. The land of the partnership belongs to SNT, but having received an allotment there, the owner has the right to build a house on it, outbuildings, grow crops and, most importantly, register ownership of this plot. The registration procedure in the cadastre makes the land plot an independent object, and the owner the owner.

Federal Law No. 93 gives the right to register a building when registering an inheritance: when the heir has documentation for the plot in his hands, but the ownership rights have not yet been formalized.

The law covers land plots acquired before the entry into force of the Land Code of the Russian Federation (2001).