Where to start registering a house, at what stage of construction and how to prepare a list of necessary outgoing documents

Unauthorized construction of a property on a garden plot is not a reason to consider it property. It is transferred to this category only by registering a country house with the appropriate service and receiving a cadastral number. Registration of a garden house as a property makes it possible to carry out many legal transactions with this property - donate, exchange, inherit, insure, use as collateral for lending and obtaining a mortgage.

The state met the owners of unregistered real estate halfway and proposed in 2006 a simplified version of the legal mechanism for registering proprietary rights to a house in the SNT. This program is popularly called the “dacha amnesty,” which was supposed to be in effect until 2015, but has now been extended until March 1, 2021. Therefore, if you did not have time to take advantage of the simplified option for legitimizing buildings in gardening, you will be interested in step-by-step instructions on how to register a house on a summer cottage in 2021.

Where to start decorating a home?

Where to start registering your home ownership? To find out about the rules for owning a house in 2021, you need to refer to the provisions of the law governing the relationship between the owner of a residential premises and the state, the Housing Code, as well as government regulations.

House design rules

At the legislative level, it is established, in accordance with Article No. 130 of the Civil Code (Civil Code) of the Russian Federation, that any real estate, be it commercial or private, must have a package of documents describing it, on the basis of which information about it is displayed in the Unified State Real Estate Register (USRN).

Since 2021, a law has come into force granting the competent authorities the right to recognize residential houses, including country houses, if the owner so desires.

Federal Law No. 218 of July 2015 and Federal Law No. 221 of July 2007 oblige the person who completed the construction of a real estate property to register it with the cadastral register.

The updated acts and provisions of the Housing Code, which came into force in 2021, contain requirements for real estate registration, according to which each non-residential or residential property must be recorded:

in the database by displaying its data in the Unified State Register of Real Estate (USRN);
recorded by duplication in the electronic database;
also displayed on a special map - cartography, after assigning it an individual cadastral number.

And each owner is first required to provide information about his home to the appropriate registration authority.

Now cadastral registration, in fact, is a certificate of the Unified State Register of Real Estate about the existence of a real estate object, formed as confirmation of the right to own it.

Legislative regulation

The state register of real estate is maintained in accordance with the standards established by law. The information posted in the database is open and accessible to citizens of the Russian Federation.

Collection and analysis of information about land plots and their owners allows the Government to gain an understanding of the state of resources and assess the effectiveness of their use.

The main legislative act regulating the registration of living space is Federal Law No. 221 “On the State Real Estate Cadastre”. Article 22 of the law reflects a detailed list of documents required to enter a house into the register. Article 21 spells out the rights of the applicant.

Federal Law No. 218 “On State Registration of Real Estate” regulates the registration of housing and prescribes the grounds for cadastral registration of land and other objects.

How to properly decorate a built house

To register a completed residential building as private property, you need to understand where to start registering it.

The first thing you should pay attention to when starting to design a house is the outgoing data.

The house is being built on land, which means that the first document intended for registering real estate will be the following information officially relating to it:

defining its territory;
confirming the allocation of the site by the city administration on legal grounds;
including a clause on the positive decision of government bodies to construct a residential facility on it.

Acceptance certificate

The act is issued only with the consent of all members of the commission to put the house into operation. If the commission disagrees, a conclusion is drawn up, according to which the identified inconsistencies must be corrected within a specified period. After correcting all the shortcomings, the procedure for calling the commission is repeated. The final decision must be signed by the head of the architectural committee or his deputy.

This document includes the following information:

List of commission members who inspected the house;
Date and place of reception (place – location of the house);
The nature of the registered object;
Structure of the property.

What documents will be needed to officially register a house?

What do you need to register a house? Before you can directly register a house in your name, you need to go through the stages of technical and cadastral registration of residential premises, without which it is impossible to carry out any legal transaction with it.

From January 2, 2021, to simplify the process of registering legal rights to real estate, some amendments were made to the by-laws, the Housing Code, and regulations.

In order to correctly register a house taking into account the new ownership legislation that has come into force, you need to prepare the following list of documents in accordance with Federal Law No. 93:

Owner's passport;
Papers confirming ownership of a plot of land. This is a purchase and sale agreement, a certificate of inheritance for a land plot or an official deed of gift;
An act with the intended purpose of the territory stated in it, presented in the form of an extract from a special book;
An extract from the Unified State Register of Land Registers for a land plot, which before updating the legislation was a Cadastral passport, pre-ordered from Rosreestr or the MFC via the Internet or during a personal visit to the offices of these organizations. This document is the main and main one;
A technical passport for a building or plan developed and agreed upon with an engineer, which was generated and registered in the state accounting system before the construction of a residential building.

Specialists in registration of residential properties may require additional documents.

Missing some documents

What to do if your house is located in a dacha cooperative or partnership and the only thing you have is a membership certificate, but nothing more. Having only this certificate, you cannot start registering rights to the land plot. To do this, you will need to go through the “dacha amnesty” procedure and have (execute) the following “papers”:

An application to the local self-government authorities with a description of the boundaries of the land plot, what is located around it, a sample will be issued on the spot. They may also require the creation of a land survey to determine the boundaries, in order to avoid various kinds of disagreements with neighbors.
The conclusion of the cooperative or partnership in which you are a member, which confirms the ownership of the land you occupy.
An extract from the register confirming the existence of a cooperative or partnership. Issued by your local tax office.
A document confirming the ownership of land by an association (cooperative).
A final decision is made within 2 weeks, after which the further registration procedure is carried out by the MFC authorities.

What to do when there are no documents for land?

The land will be registered in parallel with the house if there were no documents for it before its registration.
To begin the procedure for generating documents for land, you need to contact the city archive to restore them.

The owner will be given a hard copy of the right to dispose of the land, and the original agreement between the private individual and the local administration on the assignment of the land plot to him will remain in the city archives department.

Based on this paper, you then need to contact the administration of the locality with an application to assign a cadastral number to the plot of land.

If there is no information in the archive, then you should directly contact the administration in the land registration department.

In other words, you can register ownership of a plot of land from scratch until the issuance of a certificate of land title in parallel with the registration of the house, including payment of the state fee and all actions corresponding to this procedure.

Registration of a residential building can occur in different ways and on different grounds.

To understand where and how to start decorating a house, you should pay attention to the available source documents.

Today, thanks to amendments made by the government to the legislation, the procedure for registering real estate ownership is quite simplified. All information about documents is entered into an electronic database, thus excluding their loss or attempts at falsification.

It is recommended to use the services of legal organizations, where specialists will help you correctly complete the transaction and provide advice to avoid possible mistakes.

How to properly register a house without a building permit:

See also Phone numbers for consultation February 23, 2021 kasjanenko 997

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Discussion: 3 comments

Sofia says:
08/04/2020 at 00:28
Tell me, is it possible to register ownership of a share of the house through Rosreestr using an electronic digital signature if the heir is in another country and cannot fly in due to the pandemic. What documents are needed for this, if this is possible at all?
Answer
Lena says:
11/15/2020 at 08:55
That is, we are talking specifically about a private house located on a plot of land, right? Not about an apartment in an apartment building, they have their own tricks for registering property, do I understand correctly?
Answer
Irina says:
12/25/2020 at 00:06
If a country house, or more precisely a dacha, is located on the territory of SNT and is inherited, then on all controversial issues it is still necessary to contact the district administration?
Answer

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.

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 completion of construction.

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.

Additional nuances

The described procedure applies only to houses built on plots belonging to individual housing construction lands. If the land belongs to another, say, agricultural category, then it will first need to be transferred to individual housing construction. Registration of private houses built on the territories of dacha farms and gardens is carried out in a simplified manner, in accordance with a separate law on the so-called “Dacha Amnesty”.

Current legislation also allows for the re-ownership of houses considered abandoned. There are quite a lot of such houses in depressed regions of the country, especially in rural areas. In some regions you can find entire villages and towns that are either completely “extinct” or on the verge of extinction. To find and register ownership of an abandoned house in such a village, it is enough to contact the local executive authority.

What do you need to know when registering property rights?

Obtaining a certificate from the Unified State Register is possible only after completing the full registration procedure, that is, after receiving a cadastral and technical passport, as well as providing a cadastral passport for the land.

The right to register a house on a dacha plot has also been simplified by analogy with residential buildings since 2015. According to the new procedure, a commissioning certificate is also not required;
Submission of documents to the Federal State Registration Service is carried out in full;
The period for obtaining the certificate is 30 days.
From 2021, it will be necessary to provide a permit to put a house into operation for registration;
Registration of property rights cannot always be carried out in the territorial branch of Rosreestr, but also in subordinate cadastral chambers. The main problem is that today there is a reorganization of the controlling state body, and not all regions have transferred powers.

Nuances in the case of unauthorized construction

If information about the construction is not included in the Register, it is considered unauthorized. If the building was given to a citizen along with the plot, responsibility for its use falls on the new owner.

Possible consequences:

carrying out construction work in the absence of rights to the site will be regarded as unauthorized occupation - the citizen will be punished in the form of a fine: 1,000 rubles for individuals and 20 thousand for organizations;
if the building was erected on an area not intended for individual housing construction, it must be demolished (at the expense of the owner).

For your information! Until the building is legalized, it will not be possible to obtain a certificate of ownership of the property.

If there is no permit for construction work, the owner must visit the MFC and submit a request for the issuance of an urban development plan for the site. After receiving it, a site diagram is prepared and the location is determined.

When visiting the Multifunctional Center again, the construction of the facility and its legalization are agreed upon with the employee. After receiving permission, you must request a technical plan - on its basis, the unauthorized construction is registered.