Is it possible to register at a dacha in 2021, and what are the features of registration?

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Published: 03/19/2020

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Having registration at the place of permanent or temporary residence is the responsibility of a citizen. But to obtain a residence permit, it is not necessary to register in an apartment: a dacha is also suitable for these purposes. In 2021, the procedure for registering citizens in country houses and gardens has been significantly simplified. If previously you had to recognize your right to register at your dacha in court, now going to court may be necessary in exceptional cases. The simplified procedure for registering in a country house will continue to apply in 2021.

• Under what conditions can you register?
• Legal regulation
• How is it determined that a dacha is suitable for permanent residence?
• Is it possible to register for a dacha if you own an apartment?
• Registration procedure
• Disadvantages of dacha registration

What is needed to register a dacha and what requirements must a dacha house meet?

Under what conditions can you register?

To obtain a residence permit or registration at the place of residence, certain requirements are imposed on a country house. Thus, you can only register in the house to which the address is assigned. If a house is built in populated areas or cottage villages on land plots with the type of use “for individual housing construction” (IHC), then all houses are considered residential. Therefore, there will be no problems with registration at your place of residence.

Certain difficulties may arise with registration in houses located on garden plots. Thus, registration in areas intended for gardening is not allowed . Registration in houses built on the plots of a garden non-profit partnership (SNT) is permissible only if a number of conditions are met:

1. The plot of land must be located within a populated area with the category of “settled area land” or “agricultural land”. They won’t be able to assign an address to a house in the forest.
2. The house must be registered as residential.
3. The house must be assigned an address.
4. The house must comply with urban planning regulations for garden plots (have no more than 3 floors, not be classified as multi-apartment).
5. The house must meet the requirements for residential premises and be suitable for year-round use.

Rules

The procedure for registration at the place of residence is determined in accordance with the Law of the Russian Federation of June 25, 1993 No. 5242-1 “On the right of citizens of the Russian Federation to freedom of movement, choice of place of stay and residence within the Russian Federation.” In accordance with it, Administrative Regulations were developed, which serve as direct guidance for internal affairs bodies.

Alexander Vasiliev

Lawyer

Registration is carried out after the house is recognized as residential and all other conditions for this are met. The basis for registration is the application of the owner of the house to SNT.

The department of the Ministry of Internal Affairs in the municipal area where SNT is located is responsible for this process.

To register, you must present:

• Passport;
• Documents confirming ownership of the house and land (currently this is an extract from the Unified State Register of Real Estate);
• Confirmation of the residential status of the house in the form of a resolution of the local administration or a court decision.

Legal regulation

Changes in the procedure for registration of registration at a dacha are now regulated by 217-FZ of 2021 “On the conduct of gardening and vegetable gardening by citizens for their own needs...” This law excludes from circulation such a concept as plots for a dacha non-profit association, as well as the very concept of “dacha”. Only two types of partnerships were retained: gardening and horticultural.

This law replaced 66-FZ of 1998, which for a long time regulated issues of gardening and vegetable gardening. Although it was possible to register at a dacha before, this was associated with large bureaucratic obstacles. In Art. 3 217-FZ emphasizes that it is allowed to grow agricultural products on a garden plot of land and place residential buildings and outbuildings on it . It is the indication of the right of citizens to build residential buildings on garden plots that makes it possible to register in them. At the same time, lands for gardeners are intended exclusively for agricultural work. Owners can grow crops here, but housing construction is prohibited here. The maximum that is allowed here is small outbuildings for storing crops or gardening tools.

If citizens who have built residential buildings receive recognition of permanent buildings, then it will be possible to register here regardless of what land the property is located on.

Cost and terms

All actions related to the direct service of registering citizens at the place of residence are carried out free of charge (Part 5, Article 3 of Law No. 5242-1).

The deadlines for permanent registration are as follows:

• when submitting documents through the State Services portal and in person at the Department of Internal Affairs, you will need to wait three working days from the date of receipt of all necessary documents;
• when submitting an application and documents through the MFC, the period is increased by two working days due to the need to transfer them to the registration authority and receive them back;
• If the citizen has not attached to the application the documents that the registration authority may request as part of interdepartmental cooperation, then the period for receiving a passport with a registration mark will be 8 working days.

If the registration authority refuses registration at this address, you should go to court.

How is it determined that a dacha is suitable for permanent residence?

Many citizens have quite good country houses, but live there only in the summer due to the fact that the infrastructure is not well developed: in winter they do not clear snow, there is no access to communications and social facilities (shops and clinics), many houses do not have heating and etc. Therefore, it is not possible to register at every dacha. Registration in houses for seasonal residence is unacceptable.

A country house can be considered suitable for permanent residence if it meets a number of requirements . Among them:

1. The house must have all engineering networks: connected to water supply, electricity, heating, drainage, ventilation, etc.
2. The house must have reliable supporting structures and a roof.
3. There should be windows in the rooms and kitchen to provide natural light.
4. The heating system must be suitable for maintaining a temperature in the apartment of 18 degrees.
5. The ceiling height in living rooms and kitchens cannot be less than 2.5 meters, in corridors cannot be less than 2.1 meters.
6. The floor of the first floor must be higher than the planned ground level.

Deviations from the above standards are acceptable in some cases. For example, if there are no central communications in the area, then the water supply can be replaced with a well, the sewerage with a septic tank. But the height of such a house cannot exceed 2 floors.

How do you feel about the possibility of registering at your dacha?

PositiveNegativeI don’t knowI don’t have a dacha

About the opportunity

Is it possible to register at a dacha in Russia? Today you can register at your dacha , but with a reservation .
This does not apply to all cases, and the decision is made on a case-by-case basis.

This means that there is such a possibility, but subject to certain conditions that the site itself and the building on it must meet.

This situation is due to the fact that the Constitutional Court of the Russian Federation recognized the ban on registering in such premises as a violation of the right of citizens to an independent and free choice of place of residence .

However, universal amendments to housing and civil legislation have not yet been made , so approvals are accepted only on an individual basis.

Find out on our website how many people can be registered at one address, as well as how the number of registered people will affect the rent.

Is it possible to register for a dacha if you own an apartment?

There is no need to provide proof that the house on the dacha plot is the only suitable place to live: every citizen has the right to choose where to register (in an apartment or in a dacha). If a person permanently resides outside the city, then it is preferable for him to register at his place of actual residence. This will facilitate access to social services.

But in order to obtain permanent registration at a dacha, a citizen must first register at his previous address , since having several registrations at the same time is unacceptable.

Rural mortgage at 3%

Legislative regulations

Is it possible to register in a country house? What laws govern this?

• The Housing Code of the Russian Federation determines the basic housing norms and rules;
• The Civil Code of the Russian Federation establishes the rights and obligations of citizens of the country, for example, property rights, the rights of children to live with their parents, etc.;
• The Criminal Code of the Russian Federation fixes the punishment for fictitious registration;
• Law No. 5242-1 of June 25, 1193 gives Russian citizens the legal right to independently determine their place of residence, move and change it;
• Government Resolution No. 713 considers the rules for registration;
• The Code of Administrative Offenses of the Russian Federation defines an administrative fine for the fact that a person is unregistered anywhere;
• Resolution of the Constitutional Court of the Russian Federation dated April 14, 2008 No. 7-P, Moscow “In the case of verifying the constitutionality of paragraph 2 of Article 1 of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens” in connection with complaints from a number of citizens” - exactly that a resolution according to which changes took place and it became possible to register at the dacha.

Read about the rules and procedure for registering in a privatized, municipal and mortgaged apartment on our website.

Registration procedure

To register a residence permit in a country house, you must go through the following steps:

1. Have a residential premises with properly registered property rights.
2. Submit an application to the Main Directorate of the Ministry of Internal Affairs for registration at your place of residence. The application must be accompanied by a passport, title information for the property (certificate of ownership or an extract from the Unified State Register), documents confirming the recognition of the house as residential (decision of an interdepartmental commission or a judicial act).
3. The citizen must be registered within a week and have his passport stamped. Upon temporary registration, he is given a certificate.

In some cases, it is first necessary to transfer the house to residential status. To do this, a citizen needs to contact local authorities or the MFC. Authorized authorities must make a decision on the owner’s application for compliance with the Housing Code and its Article 23.

The application must be accompanied by a passport, title documents, floor plan, technical passport, a conclusion from the fire inspectorate or the Sanitary and Epidemiological Station on the admissibility of using the building as a residential premises (if these authorities refuse to recognize the house as residential, further appeal to local government bodies is meaningless), a conclusion from a self-regulatory organization (SRO ) in the field of construction about the technical condition of the building.

When the local government commission considers the application, it makes a decision on it. If the decision to recognize the house as residential was negative, then the citizen can go to court on this issue .
To do this, a claim is filed with the court to declare the building suitable for year-round habitation.

What is the procedure?

Only if a house built in SNT meets the parameters of a permanent structure can it be recognized as residential. To do this, you will have to undergo a procedure that may take 2-3 months.

As the Cadastral Chamber said, it consists of several steps.

1. You will need to collect a package of documents. First of all, draw up a free-form application to recognize the garden house as residential. It must indicate the cadastral number of the house, the cadastral number of the land plot on which the house is located, the postal address of the applicant or his email address, the method of receiving the municipality's decision to change the purpose of the premises (by post with acknowledgment of receipt, by e-mail, in person at MFC, in person at the authorized local government body).

It is also necessary to provide an extract from the Unified State Register of Real Estate (USRN) about the main characteristics and registered rights to the property. If the applicant’s ownership of the garden house is not registered in the Unified State Register of Real Estate, then it is necessary to have a title document for the garden house or a notarized copy of this document.

A conclusion will be required to examine the technical condition of the property, which will confirm that the house is reliable and safe (in terms of internal communications, building structures, fire safety). The document is issued by specialist engineers performing work on the inspection of real estate (individual entrepreneurs or legal entities). When choosing a specialist, you should pay attention to whether he is a member of a self-regulatory organization for engineering surveys.

Notarized consent of third parties to recognize a garden house as residential will be required if the dacha is owned by more than one person.

All these documents must be submitted to the authorized local government body (the administration on whose lands the dacha cooperative is located) or to the multifunctional center (MFC) of the district.

2. When the documents have been submitted, you need to wait for the administration’s decision to recognize or refuse to recognize the garden house as residential. This process takes no more than 45 calendar days from the date of application.

They may refuse for the following reasons: the applicant submitted an incomplete package of documents, the application to recognize the garden house as residential was not submitted by the owner of this property, the types of permitted use of the land plot do not provide for the placement of a residential building on it. So, for example, the land should be for gardening, and not for vegetable gardens. Only outbuildings can be placed on the garden plot. Also, the applicant will be refused if the house does not have vital communications, foundation, windows, and so on, as mentioned above.

It is important to understand the difference between gardening and vegetable gardening

A decision to refuse to recognize a garden house as residential is issued or sent to the applicant no later than three working days from the date of such decision. If refused, the applicant either simply submits additional documents, completes the house according to all the rules, installs missing communications, or can appeal the decision in court.

3. If the local administration believes that it is quite possible to live in the house all year round, then it sends its decision to the applicant, as well as to the rights registration authority to make appropriate changes to the information about the garden house contained in the Unified State Register of Real Estate.

If, for some reason, local officials forget to do this, the owner of the house himself can contact Rosreestr to enter information into the Unified State Register of Real Estate.

Important question

Registration of family members and third parties

To register family members, as well as third parties, the package of documents submitted to the passport office is supplemented with the following papers:

• Statement;

• Passports of everyone for whom registration is being made, as well as the owner of the property;
• Agreement (in a written form)

  owner for registration of the persons specified in the application
  (except for co-owners)
  ;

• Agreement (in a written form)

  all persons currently permanently registered at the address.

  Read also:  Where can I get a certificate of registration of a child in Form 8, who issues it and what is needed to obtain it?

What to do when the delivery of a house is delayed?

Often the developer does not fulfill the conditions for the completion of the house. Accordingly, residents cannot officially register in their apartments.

In this case, you need to submit a written claim to the developer demanding payment of a penalty for violating the deadlines for putting the new building into operation. If he does not respond to this claim, it is necessary to file a lawsuit.

Pros and cons of dacha registration

An undeniable advantage is the fact of obtaining registration, especially if dacha registration was extremely necessary.
However, such a place of residence also has disadvantages : the length of registration, difficulties in proving and collecting documents, possible remoteness from the main part of the city, security and safety problems associated with such remoteness, etc.

Thus, you can register in a dacha building in accordance with current legislation. However, the decision must be made with the participation of the judiciary and on an individual basis .

You can find out whether you can register at your dacha from the video:

Number of people registered in the apartment and fictitious registration

It should be noted that applications for registration of persons who are not members of the owner’s family arouse increased interest on the part of government authorities and this is due to the provision of the law on fictitious registration. Registration for selfish purposes on the part of the owner or registration without the intention of living at the address specified in the application entails administrative liability (fine, in some cases - imprisonment)

.
Moreover, punishment is provided for both the owner and those who register in his living space.

Suspicions among employees of the structure of the Ministry of Internal Affairs dealing with issues of migration control and registration may arise if the number registered exceeds the social standard (one person per 6 sq.m. of housing area)

. However, this does not mean at all that the legislation in any way restricts the owner in his right to dispose of his own real estate.

Theoretically, it is possible to register an unlimited number of people in a new building, even exceeding social standards is allowed. But in this case, all registered persons and the owner will have to prove that each of those registered (including the owner)

actually lives in the living space indicated in the documents. If you fail to do this, punishment cannot be avoided.

Igor Vasilenko

Registration of third parties without the participation of the owner

There is also the opportunity to register in an apartment without the personal presence of the owner, which is very convenient in cases where the latter, for example, is in another country, undergoing treatment or, due to various circumstances, cannot be present in person. An applicant wishing to be registered submits the following documents to the passport office:

• Application for registration;
• Passport (other identification document)

  ;

• Copy of owner's passport (notarized)

  ;

• Owner's consent (in writing, notarized)

  ;

• Departure sheet (optional)

  .

Reasons for refusal and ways to resolve the issue

1. The dacha was built on land not intended for construction, in this case you cannot do anything on your own. If only you are lucky and there will be a redevelopment of land areas.
2. You have an incomplete package of documents, find out what is missing and report it.
3. The house has not been registered as a property, go through the process of registering the house as a property.
4. All SNIPOV and safety requirements have not been met; in this case, eliminating the detected violations will also remove the cause of the failure.
5. You do not have a house on the plot, although the land falls into the category of registration possibility, build a house and register it, since registration on a bare plot is prohibited.

Registration at the dacha has been completely legalized. But the registration process itself can bring you a lot of difficulties. And since regulations generally provide for the very possibility of registration, the summer resident should insist on observing his own rights. Let's hope that this law will simplify registration on a garden plot.

Risks

The main risk when registering in a new building is associated with the long construction period, during which it is impossible to register in the house. If we are talking about the construction of an apartment in another region, then a person may need temporary registration there (if he moved before the completion of construction).

The same applies to the situation when a house has been built and residents are already occupying the apartments, but the new building has not yet been officially put into operation.

Another risk is scammers’ offers to register in an apartment before the house is rented. This is prohibited by law. Therefore, people who trust criminals not only lose money, but they themselves may be held accountable for participating in fraudulent activities.

As for registration in a new building after its commissioning, there are no risks in this situation. The registration procedure is the same as for any other houses.

Is it necessary to register permanently in a new home?

Issues of registration and registration are regulated by Federal Law No. 5242-1. According to it, it is not necessary to register permanently in a new home. Temporary registration is allowed.

However, please note that double registration is prohibited by law. Therefore, when choosing between temporary registration and permanent registration in a new building, you need to consider:

• Will the person live in the house permanently?
• Does he have another registration?

If he will live in this house permanently, then it is worth choosing the registration option.

Refusal of registration

Both the court in issuing a permit and the Main Directorate of Internal Affairs of the Ministry of Internal Affairs of the Russian Federation in registration of registration can refuse .
He may be motivated by :

• non-compliance with the standards of the house or site;
• incorrect presentation of documents;
• incomplete package of papers.

The chances of a positive court decision will increase if the plaintiff proves that the country house is the only or best place for him to live .