What should and should not be registered on a garden plot and for which of these buildings you will have to pay tax

Why register a house in SNT?

A house built without appropriate registration is recognized by law as unauthorized construction. The building acquires the status of a real estate object, and you - its owner, after geodetic and cadastral registration.

Registered real estate gives the owner:

• the owner’s rights to dispose of property in full, and this is sale, donation, inheritance, pledge, lease;
• marking the boundaries of a land plot in kind, reducing the risk of conflicts due to demarcation with neighbors;
• simplifying the connection of gas, electricity, heat and water supply networks.

Do I need to register a summer garden house?

• they were not recognized as unauthorized construction and were not demolished legally;
• to avoid disagreements with neighbors regarding the location of residential and commercial buildings, as well as to eliminate disputes about the boundaries of land plots;
• receive compensation in case of damage caused by third parties or in case of demolition of buildings for municipal or state needs;
• eliminate the possibility of the Federal Tax Service charging property tax for 3 years and a fine, the amount of which is 20 percent of the amount of this tax;
• eliminate the possibility of problems when connecting gas, electricity and other utilities;
• gain the opportunity to make transactions with this property, as with any other property: donate, sell, inherit, insure, use as collateral for lending.

Possible problems during registration

Based on current laws, there is no liability for the lack of registration of a house. But if you own truly “mansions,” then the tax authorities may be interested in what funds were used to build them and why you refuse to pay taxes.

29 Apr 2021 vektorurist 227

Share this post

Related Posts
• Is it possible to pay off loan debt with maternity capital in 2021?
• Maternity capital 2021 for second child
• Mass release of prisoners in 2021
• Changes to Article 10 of the Criminal Code of the Russian Federation 2021

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).

Dacha amnesty

Not all summer residents know which country houses are not subject to registration. Summer residents should not be afraid that they will have to arrange greenhouses and gazebos. There is no need to do this. Only permanent buildings with an area of ​​50 square meters are registered. m. and more, standing on a foundation.

When do you need to complete the registration?

1. Owners of land that was allocated for subsidiary farming, construction, gardening, organizing a garden, constructing a garage, or registered for housing construction.
2. Owners of real estate built on such sites. We are talking about residential buildings (individual housing construction), dachas and other outbuildings.

You may like => Benefits for large families in the Sverdlovsk region in 2021

1. It provides good ventilation under the house, which means the soil there will dry out, this is especially important if groundwater flows close to the surface.
2. Beams and floor slabs can be easily mounted on piles
3. Quick enough to build

• Find out what material the frame of this building is made of.

Svetlana, the architecture department told you correctly. Private household plots cannot be built on field land. Private household plots are private land within the boundaries of a village or village - we are building here, and field land - agricultural land - according to the law, building cannot be done here.

Screw piles "Vint45"

Please justify your answer. What regulatory document regulates this? It is unlikely that you will answer, there is no regulatory document. You need to register. From 1 March 2021, when building on a garden plot, a construction notice will be required along with residential buildings and for garden houses as well. Specified in Federal Law 340 dated 08/03/2020

• Beams and floor slabs can be easily mounted on piles
• Quick enough to build
• It provides good ventilation under the house, which means the soil there will dry out, this is especially important if groundwater flows close to the surface.

1. Find out what material the frame of this building is made of.

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.

Legislative regulation of the issue

If we turn to No. 93-FZ, it becomes clear that a citizen can confirm his rights to buildings erected on a personal plot in a simplified manner.
To do this, you need to register real estate. To briefly convey the meaning of the law, it is that previously unauthorized construction was not prosecuted by the law. The owner of the plot could build a garage or bathhouse at any time, without having to contact the authorities and obtain permission.

Expert opinion

Natalya Titova

Property lawyer. Work experience as a lawyer - 11 years. A large number of cases won

View lawyer's comments

When it turned out that there were buildings on the land, they could be legalized at any time, without any liability for the owner of the site. If he wanted to register a house previously built on a personal plot, he had to provide the documents specified in Art. 3 No. 93-FZ. With their help, a citizen could confirm that he owns the land plot on which the object was built.

Legislation is constantly changing, so innovations have also affected the law on “dacha amnesty”.

Algorithm of actions

A plot registered in the cadastre and a capital house that complies with the requirements of the law can be registered as the property: first, registration of the land will be required, then the capital buildings on it. If the boundaries of a land plot are defined in the cadastre, registration of the house is carried out sequentially in several steps.

Step 1. Technical plan of the house

Drawing up a technical plan is necessary to obtain a cadastral passport for the building. Here you will need the services of a certified cadastral engineer or a company that has a permit from Rosreestr for this type of activity. The technical plan shows the dimensions of the building, reference to coordinates, layout, entrances to the building, location of openings. In multi-storey buildings, floor plans of construction are shown. It also includes a text part that describes the parameters of the property, including the cadastral value.

The price of the work ranges from 10,000 rubles, depending on the area of ​​the subject, region, and remoteness.

Step 2. Package of documents

The owner's package of documents for registration of the building includes:

• Application in the prescribed form();
• Passport of the owner-citizen of the Russian Federation;
• Extract from the Unified State Register of Real Estate;
• Technical documentation for construction;
• Invoice for payment of state duty.

To register a house in SNT as residential (permanent residence), you must obtain a construction permit, the issuance of which depends on the category of land and the permitted type of use. A non-residential building does not require these documents.

Step 3. Registration

The prepared documentation and application are submitted through the MFC, in person or by post. In return, when submitting to the MFC, you will receive from the operator a list of accepted documentation, the registration period and the date of issue of the statement completing the registration procedure.

Frequent reasons for refusal of registration

Rosreestr's refusal to register is inevitable if:

• Your case does not fall under Federal Law No. 93. A standard registration procedure will be required.
• Ownership of the plot has not been confirmed. It is required to register the plot in the cadastre, with the procedure for land surveying and registration.
• Missing some documents. The operator must state the reason for the refusal.
• Incorrect information. Having eliminated the errors, the procedure can be continued.

Possible difficulties and their solutions

The registration procedure depends on what stage of construction the property is at. When it comes to unfinished construction, there are the following ways to add it to the register:

1. Register based on the declaration.
2. Finish the construction and register it as a self-construction. But you will need to pay a small fine.
3. Contacting the service and obtaining permission, registering the building.

Land owners should take into account that after No. 218-FZ was adopted, which refers to the registration of real estate, difficulties may arise. If in previous years, when filling out declarations, approximate figures were indicated, now you need to enter exact data.

Obtaining an address and permanent registration in a house on SNT

To assign an address, an application is sent to local authorities with an extract from the Unified State Register. The procedure is performed within a month. A house for permanent residence must be a permanent structure with all amenities. The procedure requires the study of documents for the building and an examination by the responsible person of the municipality for compliance with the requirements of the law at the location.

Permanent registration in the house in SNT requires for the house:

• foundation;
• communications (gas, electricity, water, heating, sewerage);
• addresses;
• registered ownership of the building.

When the house meets the requirements for residential premises, registration in it will not be difficult.

How to register a house under the dacha amnesty

After paying the state fee, with the technical passport of the building, the right defining document for the land plot and the passport, you send it again to the MFC and submit an application for registration of residential real estate on the dacha plot. If there are no errors in the documents, the data is entered into the Rosreestr database within 7 working days, and the applicant receives a corresponding extract.

How to register a garden house as your property

First, you should contact cadastral engineers at the BTI or another organization engaged in this activity to prepare technical documentation. Based on the received application, an authorized specialist will make a visit to take measurements and determine the coordinates of the structure, and will enter the data into the appropriate protocol. The applicant receives the documentation necessary for further actions within 14 days.

Whether to register a bathhouse, garage and other similar buildings is up to each owner to decide for himself. Note that if this is a light structure without a solid foundation up to 1 meter deep, utility networks and living quarters, there is no point in registering. Moreover, you need to pay a separate tax for each registered object!

Advantages and disadvantages of registration

Without registering a house as a real estate property, it does not legally exist, and you do not have the right to dispose of it in full, which means you cannot give it as a gift, inherit it, sell it, or use it as collateral. By legalizing the construction, you will receive all legal rights to real estate, including the need to pay taxes.

Since the beginning of this year, the documentation package for registration includes a technical construction plan, and not a declaration. The cost of the procedure is low - the official fee is 2,500 rubles plus the cost of the technical plan developed by a cadastral engineer.

It's better to be friends with your neighbors

What should Vyacheslav Nikolaevich do for this?

Nadezhda Leshchenko: First of all, call a cadastral engineer and conclude an agreement with him on the preparation of a technical plan for a garden house.

He will determine exactly what kind of building it is, draw up a technical plan, which then needs to be submitted to Rosreestr. The application and necessary documents can be submitted either in person or sent by mail, or through the government services portal or the official website of Rosreestr.

According to the new law, if someone does not pay membership fees for more than two months, he can be expelled from the gardening partnership by decision of the general meeting

But the reader notes that he may have problems with his neighbors. As we understood, it was due to the fact that his building was too close to their site. And indentations must be maintained - at least three meters. What should I do?

Nadezhda Leshchenko: The easiest way here is to agree with the neighbors that they have no complaints.

But if the neighbors contact the land or building supervision authorities, then problems may arise, to the point where it will be necessary to reduce the parameters of the building. Conclusion: it’s more profitable to be friends with your neighbors!

Why do you need a building design?

It is immediately worth noting that in order to obtain permission to build a house there is no need to have a structural or preliminary design. If they prove the opposite to you, you can be sure that these are the people who want to get rich from your ignorance.

It is also worth understanding that the project is not needed in order to register the house. It is necessary exclusively for the future owner of the building, as well as for the construction team of specialists who will carry out the construction.

Technical plan

Done by a cadastral engineer. Cost: 12,000 rubles .

My cadastral engineer turned out to be a mug and redid the technical plan five times. I spent another couple of thousand and a couple of dozen hours of time on trips back and forth, queues (until I got through the trick with online registration in the Russian Register) and paying for various receipts for submitting all new versions of the technical plan.

I also made a notarized power of attorney for the lawyer. Cost: 2000 rubles

For the trial itself I had to pay 15,400 , now the courts take a percentage of the value of the property, which is a cruel figure.

In total, the trial with documents cost me: 95,400 rubles .

I collected documents for almost 4 months! And finally, a court hearing against the administration was scheduled for August 15, 2017!

No need to pay

“Currently, the Ministry of Economic Development of Russia,” recalled Roman Larin, “is developing a bill that clarifies the criteria for classifying objects as immovable or movable things. According to the bill, auxiliary buildings: sheds, greenhouses, etc. will be considered improvements to the land plot or the main facility - for example, a residential building. And previously registered buildings can be excluded from the Unified State Register of Real Estate in a simplified manner at the request of the copyright holder. Amendments to the Ministry of Economic Development provide for the exclusion from the tax base of buildings that are improvements to a land plot.”