Ownership of an unfinished construction project: how to register

The process of building a new home is long and expensive. This applies to both the construction of multi-apartment and private buildings. At a certain stage, a person may need to attract borrowed funds from the bank. To receive a larger amount, a citizen can register ownership of an unfinished object and transfer it to the creditor as collateral.

The legislative framework

The need for state registration of real estate is enshrined in Article 131 of the Civil Code of the Russian Federation. According to paragraph 1 of Article 131 of the Civil Code of the Russian Federation, the following rights to an object are subject to registration in Rosreestr:

• property;
• economic management;
• operational management;
• inherited ownership;
• permanent use.

The specifics of registering ownership of an unfinished construction project are enshrined in Article 40 of Federal Law No. 218 of July 13, 2015.

Real estate, the fact of ownership of which is registered in the Unified State Register, may be the subject of civil transactions. That is, it can be sold, donated, exchanged, pledged, and so on.

Registration of unfinished construction under the dacha amnesty

There is a second option for registering an unfinished building, which is popularly called “dacha amnesty.” This term appeared in mid-2006, when Federal Law No. 93 of June 30, 2006 was adopted. This regulatory act simplified the procedure for people to register rights to plots intended for individual housing construction, running a dacha or subsidiary plot.

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But there is a condition: the plots must be received by citizens on any basis before October 30, 2001 (that is, before the Land Code of the Russian Federation comes into force).

In addition to the plots themselves, the amnesty includes buildings erected in territories with the intended purpose indicated above, sheds, bathhouses and other objects that do not require construction approval. The dacha amnesty has been extended several times, and is currently valid until March 1, 2021.

Since registering an unfinished house without registering the right to a plot is impossible, you need to start with registering the land. For this purpose, title documentation and a cadastral passport with fixed boundaries of the allotment are provided to Rosreestr. If cadastral work has not been carried out, you will first have to complete the land surveying procedure.

Now you can take care of your home. In addition to an extract from the Unified State Register of Land Rights, you must additionally provide the following to Rosreestr:

1. Cadastral passport of an unfinished building.
2. Declaration of the object, completed in 2 copies. The form and sample declaration can be downloaded on the Internet or taken from the BTI.

After this, you just have to wait until the deadline and pick up a new extract from the Unified State Register of Real Estate.

How to register rights

State registration of property is carried out by Rosreestr. You can submit an application directly to the Registration Chamber or to the MFC.

Information: For registration in Rosreestr, a state fee of 2,000 rubles is charged for citizens and 22,000 for legal entities. persons

The process itself consists of the following stages:

• obtaining a construction permit;
• carrying out technical inventory;
• registration of a cadastral passport for unfinished construction;
• provision of documents to Rosreestr.

The procedure for registering private homeownership is much simpler than registering an unfinished apartment building.

Construction permits are issued by the local administration. Technical inventory is carried out by BTI. These services are paid. The cost is set for each region individually.

Required documents

To register the right to an unfinished construction project, the following documents are submitted to Rosreestr:

• statement;
• passport;
• title papers for land;
• building permit;
• technical passport for “incomplete”;
• receipt of payment of state duty.

The following can be attached as a document of title to the land territory:

• certificate of ownership;
• extract from the Unified State Register.

If the rights to the plot are not registered, then one of the following documents is submitted:

• act on the provision of a site by local authorities;
• extract from the household ledger;
• contract of sale;
• other documents confirming the possibility of disposing of the land.

Important to know: A building permit is not required when constructing auxiliary structures (bathhouse, garage, shed) on your personal property. Such objects are registered on the basis of a declaration approved by Order of the Ministry of Economic Development of the Russian Federation dated December 18, 2015 No. 953.

What is unfinished construction?

In the regulations of the Russian Federation, unfinished construction is defined as the construction of a residential building that cannot be put into operation. In this situation, it does not matter at what stage the construction process was interrupted. An almost completely constructed house (for example, without connected communications) and a freeze in construction at the initial stage (for example, after the installation of the foundation is completed) are recognized as unfinished.

In this case, the constructed facility must meet the following criteria:

• An inextricable connection with the earth, that is, the mandatory presence of a foundation. Thus, kiosks, stalls and other temporary buildings are not considered unfinished objects.
• The house does not have to be ready for residents to move in.

Another mandatory requirement is that the owner of the unfinished property has the right to the land. Without title documents, an unfinished building will not be registered

Further actions

Upon completion of registration actions, the applicant is given a document for an unfinished construction project, confirming the possibility of owning and disposing of the property.

Since July 15, 2016, such a document has been an extract from the Unified State Register, which has replaced the certificate of registration of ownership. It states:

• characteristics of real estate;
• cadastral number;
• information about rights and encumbrances.

After completion of construction, the owner must re-invite a cadastral engineer to draw up a technical plan for the finished building. Next, you need to submit an application to Rosreestr to make changes to information about the object. The data on the cadastral number and ownership rights will be updated in the Unified State Register extract.

Reasons for refusal of registration

Sometimes authorized bodies reject an application for registration of unfinished construction. The reasons are as follows:

See also: Do ​​you need a technical passport when selling an apartment? Is it possible to sell an apartment without a technical passport?

• The documentation is completed with errors or some document is missing.
• The construction of a house on a plot of land does not correspond to its intended purpose.
• The building being constructed does not meet the established requirements. This may concern such characteristics as the height of the house, its number of storeys, and the size of the indentations from the boundaries of the plot.

In some cases, it may be enough to correct errors and resubmit the documents. If the landowner categorically disagrees with the decision of the officials, he has the right to go to court.

Registration of unfinished construction is a process that does not present any particular problems. If all necessary documents are collected, the risk of refusal is minimal. But, of course, collecting them takes time and some trouble. If you don’t have time to do this, you can seek help from a lawyer or a trusted real estate agency.

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When registration of “incomplete” is impossible

It will not be possible to register ownership of an unfinished construction project with the Registration Chamber if the building was erected:

• with violations of urban planning standards;
• without appropriate permission;
• on a plot of land having a different purpose.

The right to such a building can be recognized only after completion of construction through a judicial procedure. The statement of claim is filed with the court at the location of the “unfinished” property.

If the estimated value of the object is up to 50 thousand rubles, then the claim is filed in the magistrate’s court. If more than 50 thousand - to the district.

Attention: If the site on which the unfinished construction project is located belongs to the category of land intended for private farming and is located outside populated areas, then the construction of buildings and structures on such territories is prohibited.

The registration authority or court will oblige the citizen to demolish the constructed object, regardless of the stage of construction.

Are there grounds for registering ownership of an unfinished object if the lease agreement for the land plot underneath it is terminated, provided that construction was carried out during the validity period of this agreement and on the basis of a construction permit?

Answer: Registration of ownership of an unfinished object, if the lease agreement for the land plot underneath it is terminated, provided that construction was carried out during the validity period of this agreement and on the basis of a construction permit, is possible. However, for unfinished construction projects to which Art. 239.1 of the Civil Code of the Russian Federation, there is a risk of sale at public auction in court at the request of a state/municipal body. Rationale:According to paragraph 1 of Art. 25 Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it”, ownership of the created real estate object is registered on the basis of a title document for the land plot on which this real estate object is located, as well as permission to put the facility into operation if, in accordance with the legislation of the Russian Federation, such permission is required. According to paragraph 4 of Art. 25 of Law N 122-FZ, if the land plot allocated for the creation of a real estate property belongs to the applicant on a right other than ownership, the applicant’s ownership of the unfinished construction project is registered on the basis of documents confirming the right to use this land plot, permission for construction. Thus, the presence of a document confirming the right to use a land plot is necessary to register ownership of a real estate object created on this plot. However, there is a broad interpretation of this rule, relating to the situation when the lease agreement expired before the registration of the right to an unfinished construction project. It was made by the Plenum of the Supreme Arbitration Court of the Russian Federation in paragraph 24 of Resolution No. 73 of November 17, 2011 “On certain issues in the practice of applying the rules of the Civil Code of the Russian Federation on a lease agreement”: “... the courts should keep in mind that this provision does not prevent the state registration of ownership of the created during the period of validity of the lease agreement, the object is under construction, if by the time the application for state registration is submitted, the lease period has expired.” In this regard, refusal to register ownership of an unfinished construction project only on the basis that the lease period for the land plot on which the unfinished construction project was erected has expired is contrary to the law. At the same time, if, during a legal examination, the registering authority comes to the conclusion that the object of unfinished construction as an independent immovable thing does not exist (for example, foundation work on the object has not been fully completed, etc.), then the refusal to state registration of rights is lawful . Subclause 1, clause 7, art. 51 of the Town Planning Code of the Russian Federation indicates that it is mandatory to provide a title document for the land when applying for a building permit, i.e. for a document that gives the right to conduct construction on a specific site and allows you to register ownership of the constructed unfinished object. Land Code of the Russian Federation in paragraphs. 10 paragraph 2 art. 39.6 provides that one of the grounds for providing a land plot for rent without holding a tender is the completion of an unfinished construction project by the owner of such an object. However, this provision is one-time only. That is, the legislator follows the principle of a single fate of the land plot and the real estate property (clause 5, clause 1, article 1 of the Land Code of the Russian Federation). According to paragraph 1 of Art. 130 of the Civil Code of the Russian Federation, immovable things include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures, and unfinished construction objects. According to paragraph 38 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 23, 2015 N 25, state registration of the right to a thing is not a prerequisite for recognizing it as an object of real estate, and when resolving the issue of recognizing a legally under construction object as an immovable thing (an object of unfinished construction), it is necessary to establish that at least the foundation work or similar work has been completely completed. The rules on the lease agreement provide for unilateral termination of the agreement at the request of the lessor (Article 619 of the Civil Code of the Russian Federation), and the fate of the object under construction is in no way specified by law. Accordingly, a refusal to register ownership rights after termination of the lease agreement in this situation, firstly, would deprive the developer of all rights granted to him by law - to complete the construction of the facility, to conclude a lease agreement for a new term without bidding; secondly, it would create uncertainty in the legal status of the unfinished construction project (which is a newly created real estate property legally created by the developer) and the land plot (the developer’s lease right to which has been terminated, and the developer has not been given the opportunity to purchase the plot on exceptional terms). Accordingly, a situation would arise that would contradict the above-mentioned principle of the unity of fate of the site and the real estate located on it. In this regard, the courts extend the opinion of the Plenum of the Supreme Arbitration Court of the Russian Federation (clause 24 of the Resolution No. 73 of November 17, 2011) not only to cases where the lease agreement has expired, but also to situations where the agreement was terminated by the lessor. With reference to Resolution No. 73 dated November 17, 2011, the courts conclude that the fact that the lease agreement for the land plot provided to the developer for the purpose of constructing the facility was terminated by the time the application is submitted to the registering authority does not have legal significance for carrying out the registration requested by the applicant and cannot be considered legal basis for refusing it (Resolution of the Arbitration Court of the Moscow District dated March 25, 2015 N F05-2346/2015 in case No. A40-58498/14; Resolution of the Arbitration Court of the North-Western District dated December 29, 2014 in case N A56-15473/2014 ). At the same time, it is necessary to take into account that for lease agreements concluded after 03/01/2015, the rule on termination of the lease agreement for a land plot under an unfinished construction project that is in state or municipal ownership applies. If an unfinished construction object is located on a land plot whose lease agreement has been terminated, it is possible to seize the specified object from the owner and sell it at public auction in the following cases: - if the plot was provided as a result of an auction; - if the site was provided without bidding in order to complete the construction of an unfinished construction project, provided that the construction of this facility was not completed (clauses 1, 6 of Article 239.1 of the Civil Code of the Russian Federation). This right is exercised in court (the competent authority managing the relevant land plot must file a claim for the sale of an unfinished construction project at public auction). The developer has the right to object to the claim, including by proving that the violation of the construction period of the facility is associated with the actions (inaction) of state authorities, local governments or persons operating the engineering support networks to which it must be connected (technologically connected) object (clauses 2 and 3 of Article 239.1 of the Civil Code of the Russian Federation). At the same time, according to paragraph 11 of Art. 4 of the Federal Law of December 30, 2004 N 214-FZ “On participation in shared construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation” to a shared construction project, the construction (creation) of which is in state or municipal ownership land plot on the day of termination of the lease agreement for such land plot has not been completed, the provisions of Art. 239.1 of the Civil Code of the Russian Federation do not apply. Accordingly, the provisions of Art. 239.1 of the Civil Code of the Russian Federation are applicable to unfinished construction projects only within the limits established by law if the following conditions coincide: - if the terminated lease agreement was concluded after 03/01/2015; - if the terminated lease agreement was concluded following an auction or for the purpose of completing construction of an unfinished construction project; - if the construction-in-progress object is not an object of shared construction. Thus, registration of ownership of an unfinished object, if the lease agreement for the land plot underneath it is terminated, provided that construction was carried out during the validity period of this agreement and on the basis of a construction permit, is possible. However, for unfinished construction projects to which Art. 239.1 of the Civil Code of the Russian Federation, there is a risk of sale at public auction in court at the request of a state/municipal body (accordingly, the acquisition of the site into the property of the developer will become impossible, since the basis for this - the need to complete construction of the facility - will be lost).

Receive notifications from your local government

At the stage of submitting a notice of the start of construction, owners and tenants of land plots are faced with the need to take into account specific nuances. A number of questions arise when preparing a package of documents and filling out the forms required by law. specializes in solving such problems. The lawyers on staff monitor every stage of the procedure, prepare documents, undergo approval by the relevant authorities and contact local authorities.

Owner participation with this approach is minimized. Quickly achieving a positive result allows you not to postpone the construction date indefinitely. In addition to lawyers, our company employs cadastral engineers and surveyors. Thanks to the presence of such employees, we have been performing the following types of work for seven years:

• carrying out topographic survey of the land plot;
• coordination of filming with operating organizations;
• coordination with the district administration;
• obtaining GPZU;
• preparation of the SPROM;
• receiving notification of construction compliance;
• design;
• conducting surveys before the start of construction;
• Registration of real estate objects for cadastral registration.

We are ready to develop a description of the external appearance of the individual housing construction project if the site is located within the territory belonging to historical settlements. Lawyers will provide assistance in resolving the issue of approving construction with the cultural heritage department if the site is included in the protection zone of such an object. The final result and the list of obligations assigned to the company are specified in the contract. In addition to performing engineering work, the owner can count on representation of interests in government bodies. The result of the work performed can be transferred to the customer in two ways: electronic (CD, flash drive, Internet) or printed on paper, if intermediate approvals are implied.

Features of the registration procedure

This process occurs through the application of the property owner to Rosreestr. Citizens are informed about this in Article 25, where in the second paragraph of the Law on Registration of Real Estate. But the procedure for registering unfinished housing differs significantly from ordinary apartments or houses.

It can be done with the help of having documents for the acquired land and permission to construct a building.

Previously, this was not necessary, but after the Legislation was amended in 2015, the procedure for registering even unfinished objects has become mandatory. In 2021, this law has not been repealed, so the question of whether it is necessary to register real estate that is under development becomes irrelevant.

IMPORTANT . The fact is that registering an immovable property allows a citizen not only to avoid problems in the future, but even now to dispose of it at his own discretion, implying transfer, sale or other actions that can be carried out with immovable objects.

How to register an unfinished construction project?

In this article we will examine such a question as: registration of an unfinished construction project.

Today, the process of building your own home has become more common. Like any other property, constructed housing must also go through a registration procedure. Self-construction requires significant investment.

But it happens that the funds run out, and the property remains unfinished. Besides lack of funds, there can be many reasons for an unfinished home.

Condition of the individual housing construction object

Since 2004, the legislation of the Russian Federation has introduced the possibility of holding state registration of not only completed real estate objects, but also objects for which construction work has not been completed.

The “freezing” stage of construction work did not play a role here. The only important condition under which registration was possible was the presence of a cap. foundation (concrete or brick).

It will not be possible to register a construction project if it is the subject of a valid contract.

Requirements for individual houses

Individual housing construction projects are subject to the new law. This category of real estate includes residential buildings, which include boiler rooms, storage rooms and other premises that provide comfortable living. The new requirements allow the construction of houses up to 3 floors and no higher than 20 meters. This must be a separate building that cannot be divided into several blocks.

Thus, 340-FZ does not apply to townhouses, low-rise apartment buildings, commercial buildings: shops, workshops, warehouses, shopping centers, sports complexes and other non-residential facilities. For them, the approval procedure remained the same. If these requirements are not met, problems will arise in the future with the registration of the constructed facility. In the worst case, the court will decide to demolish the building at the expense of the developer.