How to legalize self-construction according to new rules in 2021

Last modified: February 2021

Independent construction must be coordinated with many authorities that determine the compliance of future housing with standards. If property owners ignore the provisions of the law, big problems can arise if the construction was carried out with violations or a sale is planned. Legalization of self-construction is a mandatory procedure that will help you draw up documents for the property and have full right to dispose of it at your own discretion.

To avoid the risk of being fined a large sum or receiving an order to demolish your home, you need to go through the procedure of legalizing an unauthorized construction.

How to legalize self-construction on your site

Self-construction refers to buildings that were erected only at the own will of their owner without the consent of the authorized bodies. The right to them is not legalized. According to registration data, there are no buildings on a certain piece of land. Self-construction can be called not only retail tents near the metro, but also bathhouses at the dachas of some citizens.

You can distinguish a self-construction from a legal building by the following characteristics:

the plot of land under the building is not properly registered as the property of the owner;
the object was built on a plot of land, the intended purpose of which does not imply its use in this way;
a house, bathhouse or other outbuilding was erected on the site without approval from the administration;
the construction of the structure occurs in violation of urban planning or other norms. For example, bypassing fire safety requirements.

Even the presence of one of these conditions characterizes the structure as an unauthorized construction. The owner may have serious problems with registration of property rights. The sooner you start doing this, the greater the chances of bringing your documents into compliance with current legislation.

Conditions for legalizing self-building

The state gives citizens a chance to register a legal property right to such buildings. Legalization of unauthorized construction is possible if the following conditions are met, specified in paragraph 3 of Art. 222 Civil Code of the Russian Federation:

the building was erected on a land plot, the property right to which is legalized. The owner is one person;
construction work was carried out in accordance with standards;
the object itself does not threaten human life, does not affect the interests of third parties, and is not the subject of a dispute;
Not a single regulatory and supervisory authority has any claims to this building.

Important! In order to recognize an arbitrary structure as a legal object of property law, it is necessary to go through the legalization procedure and follow a certain procedure, which is prescribed in Law No. 340-FZ.

Legal status of the Civil Land Contract

According to Art. 23 of the Moscow City Law of February 20, 2006 No. 65, the established Urban Planning Commission promptly makes decisions when the following list of questions is received:

relations with land shares;
urban planning activities;
activities related to investments;
the direct process of construction of objects;
reconstruction of existing capital construction projects;
carrying out work to maintain the integrity and preservation of immovable objects of cultural heritage.

Executive authorities accept special instructions signed by authorized secretaries. Decisions of the Commission are subject to formalization in protocols. They come into force immediately after publication. At the same moment, they confirm and prove the authority of the persons responsible for the decision made.

The principle of activity of the SLC, its powers and legal status are regulated in the Decree of the Moscow Government dated November 16, 2010 No. 1019-PP.

Legalization through court

Until March 1, 2019, a simplified procedure for legitimizing the property right to unauthorized construction was in effect. This could be done through local governments by collecting the necessary documents. But the conditions described above are necessary.

If the owner of the building was unable, for some reason, to legitimize his right before the specified date, he will now be able to do this only through the court. How to register a self-construction in 2021 in court? To do this, you need to take the following steps:

Receive a document confirming the absence of a registered property right to the specified building. To do this, you need to contact Rosreestr. You can create an electronic request and receive data electronically. You can contact the MFC and receive “paper” information.
Specify the category of the land plot. It is necessary that the site has a permitted category for the construction of structures or residential buildings. Then the legalization of property rights will have a legal basis.
It is necessary to obtain written consent from each regulatory and supervisory authority to legitimize the right. That is, the future owner must have documents in his hands confirming that the supervisory authorities have no complaints about this unauthorized construction.
You need to contact the BTI and obtain a document confirming the building’s compliance with urban planning standards.

When these documents are ready, it is necessary to draw up a claim with a request to legalize ownership of a specific building. In the “body” of the claim, it is necessary to provide references to the norms of current regulations that may justify the actions of the owner of the site.

As a rule, the courts side with the plaintiffs and issue a judicial act allowing the registration of the right. But, often, the case is delayed due to the fact that the court makes requests to authorized structures to obtain official permits for sanitary, hygienic, and fire safety standards.

Important! It is recommended to entrust the preparation of the statement of claim to a specialized lawyer. If the claim is drawn up with errors, this will be a reason for refusing to consider it. Precious time will be lost! The fact is that some documents have a limited validity period. If you miss the time, they will have to be issued again.

The first lawsuit has been filed with the ECHR, refuting the legality of the demolition of objects that are recognized as unauthorized construction

On 02/09/2016, a complaint was filed with the European Court of Human Rights from Sozidanie LLC under case number No. 71215/17. The claim was accepted for consideration in the case of illegal actions regarding the demolition of some unauthorized buildings. The complaint contained an indication of a violation of the law and the use of illegal actions in relation to existing facilities. This claim was satisfied in terms of recognition of property rights legally by a court decision, but the demolition was still carried out, and no compensation was received for the damage caused.

The procedure for legalizing unauthorized buildings

If the building is erected on its own plot (the right to land must be confirmed by an extract from the Unified State Register of Real Estate), then there is a simplified procedure for legalizing and registering property rights. The following steps need to be taken:

Order a technical plan for construction. To do this, you need to contact the cadastral chamber at the location of your own plot and the registered object. Cadastral and technical engineers will visit the site to take measurements and verify compliance with existing data.
Collection of a complete set of documents.
Contact Rosreestr in any convenient way - through the MFC or through State Services. In the first case, paper documents will be needed, in the second - their electronic version.
Payment of duty. This can be done through the terminal at the MFC, through the State Services portal online or at any bank branch.
Submitting documents for verification.
If no questions arise, the right will be issued within 10 calendar days. The owner will be able to obtain an extract from the Unified State Register at the nearest MFC.

Important! The registration authority may refuse to register the right. Then you need to receive a written refusal, prepare a claim and submit all documents to the court.

The judicial authority may recognize the refusal as unfounded and issue a judicial act authorizing the legalization of the right. But, having examined the documents, the court may also recognize Rosreestr’s correctness and make a determination that an obligation to demolish the structure has arisen. Then the owner will need to either file an appeal to a higher authority or demolish the building.

Documents for legalization of unauthorized buildings

In order to register ownership of an arbitrary building, it is necessary to prepare a set of documents. It includes:

identification. According to Russian law, this is a passport. But you can present other documents that also fit this category;
notification of the start of construction. Since the squatter building has already been erected, this paper is not needed, but it will have to be approved. This will be done by a special commission that will visit the site and check that the erected building complies with the specified standards;
notice of completion of construction. Once a notice of the start of construction has been agreed upon, the same document must be agreed upon regarding the completion of work. The procedure is similar;
documents confirming the existence of a property right to a land plot;
technical plan and explication.

Important! If there is ownership of a plot, it means that it is registered in the cadastral register. But this does not mean that boundary work was previously carried out and the boundaries of the land plot are clearly demarcated. It is necessary to ensure that this procedure is carried out. If it has not happened, it is recommended to carry it out. Otherwise, some problems may arise with the legalization of unauthorized construction.

How is an object removed from the list?

Objects are subject to exclusion from the lists that are published in Resolution No. 819-PP, if all stages of verification are followed and the commission makes a positive decision. At the same time, all the conditions of the parties must be met and the existing penalties must be paid.

A separate clause of the State Land Code describes the procedure for the mandatory exclusion of objects from the list, which is carried out by officials specially appointed for these purposes. All questions regarding the implementation of issues of removing objects from the list are carried out, as practice shows, within 30 working days.

It happens that when objects are removed from the list, the city files lawsuits against the owners, who claim that their objects are unauthorized buildings and are subject to demolition. In this case, the city, when providing an opposing decision to the commission, is obliged to immediately withdraw all existing claims that contradict official documents. All information about the exclusion of certain unauthorized buildings must be included in a separate paragraph of the Civil Land Code protocol.

If an interested party fails to fulfill the obligations assumed by him, for example, passing an examination or paying penalties, the Protocol is immediately subject to cancellation!

Dacha amnesty

This program was developed on the basis of the residential privatization program. That is, for a certain period of time, owners of summer cottages and land plots for individual housing construction could register ownership of their buildings in a simplified manner. At its core, this is the legalization of self-construction.

For a long time, many Russians did not think about bringing the structures on their dacha plots “out of the shadows.” The main disadvantage is that after the right arises, the obligation to pay property tax will arise. Many people don't want to do this!

On the other hand, if the right is alienated legally, then the subject of the transaction will be only land, since the right to it is registered. Buildings cannot be sold/donated/bequeathed. Accordingly, the cost of such a site will be much lower.

Unlike the housing privatization program, the dacha amnesty has its own validity period. In particular:

You can take advantage of the opportunity to register property rights to a land plot according to a simplified scheme until March 2021;
You can take advantage of a similar opportunity for illegal construction on this site until March 2021.

The extension occurred in March 2021, when deputies again discussed the possibility of increasing the duration of the program and the prospects for the receipt of tax funds into the budget. Therefore, it was decided to extend the validity period of the simplified procedure.

Important! After receiving an extract from the Unified State Register of Real Estate on the registration of the property right to the building, the owner has the opportunity to independently alienate the right in any legal way. But do not forget about the obligation to pay income tax after the sale and the right to a property deduction.

How to draw up a statement of claim and what documents are needed?

To consider a court case on the legalization of self-construction, both general and auxiliary documents will be required:

a receipt confirming the fact of payment of the state duty;
passport of a citizen of the Russian Federation;
land plot plans - urban planning and cadastral;
technical passport from BTI;
correspondence with the administration with attempts to legitimize squatter construction administratively;
other documents that can be used as evidence.

Cost of expenses

In addition to the costs of paying off the fine that was issued for unauthorized construction, you will have to pay a court fee. It is calculated in accordance with paragraph 1 of paragraph 1 of Article 333.19 of the Tax Code of the Russian Federation.

And it depends on the cadastral value of the property:

At a cost of 20 tr. – 4%, minimum – 400 rubles.
20001 – 100 tr. – 800 rubles + 3% of the amount that exceeds 20 tr.
100001 – 200 t.r. – 3.2 tr. + 2% of the amount that exceeds 100 tr.
200001 – 1 million rubles – 5.2 tr. + 1% of the amount that exceeds 200 tr.
Over 1 million rubles – 13.2 tr + 0.5% of the amount exceeding 1 million, but not more than 60 tr.

In addition to these costs, the assistance of lawyers may be required in drawing up a statement of claim and representing the interests of the plaintiff in court.