The Cadastral Chamber explains how to convert a garden house into a residential one

To find the area you need, just use our map. A vacant land plot on a cadastral map is not highlighted in any color.

To select a specific land:

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3. Familiarize yourself with the purpose of the land.

After registering ownership of the plot and building a country house, it can be converted into residential. The procedure has been simplified until 2028.

How to convert a garden house into a residential one is a pressing issue that concerns most citizens. Legislative acts are constantly changing and being added, new requirements, criteria and the difference between a residential and a garden house appear.

At the moment and until January 2026, a dacha amnesty is in force, allowing registration in a simplified manner. If you do not have time in this period of time, then in the future you will have to notify the local administration about the start of construction and the completion of construction of the house.

Main Differences

Initially, it is important to understand the difference between a garden house and a residential building. These are different concepts that are often confused or combined into one whole.

The garden house is used several months a year. You can use it at your own discretion: live temporarily in the summer or year-round if the building is suitable for this, store vegetables and fruits, or use it as a summer house. A residential building is a capital construction project on an individual housing construction site, has an address and is suitable for year-round use.

The differences between a residential and a garden house are shown in the table:

The entire procedure in 2021 is simplified. You can get approval for real estate that previously the administration would not have allowed with this status. Or she would require additional documents and certificates.

Costs and deadlines

Coordinating and resolving issues with various authorities, collecting documentation and waiting for a decision - all these actions require the need to wait. As a result, it is possible to convert a country house into housing within 2-4 months.

You should be prepared for the associated costs, as you will have to pay extra for some activities. The cost of converting a summer house into a residential building includes:

• 10 thousand rubles for drawing up a technical report;
• 2 thousand rubles is the standard registration fee.

If you need to obtain additional statements and certificates, additional costs may arise.

How to register a residential building on a garden plot

The whole process is established at the legislative level, regulations and acts are prescribed. The Russian authorities introduced an amnesty and simplified obtaining a new status for a dacha. This procedure will be in effect for another 7 years, therefore, for those who built a house on the SNT site, but have not yet converted it into a residential building, there is an opportunity to do this in a short time.

Initially, you need to contact a cadastral engineer. This specialist conducts a technical inspection of the building and determines whether the garden house is a residential premises.

All documentation must be collected in accordance with the law and submitted for consideration to the local administration. The authorities will review your application and make a decision.

Which organization recognizes buildings as residential?

In Russia, issues related to the transfer of dachas to residential buildings are dealt with by local administration bodies - city or village. In order to find out in which locality the administration will transfer real estate from one intended use to another, you need to familiarize yourself with the address. It will say in detail which body should carry out the translation. If you have some doubts about the ownership of real estate, you can seek help from qualified specialists.

Please pay attention! The transfer of real estate is carried out by the municipality, and not by the Cadastral Chamber, BTI or Rosreestr. Accordingly, you need to submit the required documents specifically to the governing bodies of the Moscow Region.

How to recognize a building as residential real estate

Let's consider the procedure for recognizing a garden house as residential. A step-by-step algorithm will help you avoid mistakes and get a positive decision in the near future:

1. Mandatory documents that will be required: boundary plan and cadastral passport, extract from the Unified State Register of Real Estate. These papers will confirm that the house meets the necessary requirements. The documentation is compiled by cadastral specialists. The inspection will be carried out according to the year the house was built. The building was erected in 2007, its analysis will be carried out in accordance with the requirements of this period.
2. A technical report is also issued on the recognition of the garden house as residential and in full compliance.
3. If the property is shared, then it is necessary to obtain notarial consent of each owner
4. Submission takes place at the regional Multifunctional Center or at the administration, whichever is more convenient, choose yourself.
5. The application is considered within 1.5 months from the date of receipt of the full package of documents.

Briefly about the main thing

Federal Law 217-FZ, in force since January 1, 2021, abolished the concept of “dacha plot” and now there are only two categories of land: garden and vegetable plots.

You can grow crops for your own needs in both garden and vegetable plots. But if it is allowed to build houses for permanent and seasonal residence on garden plots, then only outbuildings for storing equipment or crops are allowed on garden plots.

If there is already a properly registered building on the garden plot, then the rights to it are retained.

You can always find out more at a consultation at the Moscow Regional BTI.

News source: website of the Moscow Regional BTI – mobti.ru

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Pros of translation

When transferring a garden house from non-residential to residential premises in 2021, there are advantages:

• The difference in tax deductions for a residential building and a garden building. The deduction tax is higher for a residential building.
• Possibility of registration, both temporary and permanent.
• Reduced energy costs. Rural tariffs are 30-40% lower than urban ones.
• Selling a house will not be a problem, since all the documentation is on hand.

When registering, you will only receive advantages, since a residential building provides more rights and opportunities for its owners. When purchasing a plot of land on the territory of SNT, you can save on the cost. Land in the districts is cheaper than in the city. Additionally, ecology and silence are highlighted.

There is only one drawback - if you were on the waiting list as someone in need of improved living conditions, you will automatically be taken off the waiting list. But there is no need to postpone re-registration for a long time.

What to do if officials refuse

The conversion of a garden house into a residential one may be refused for a number of reasons, for example:

• all necessary documents have not been provided;
• the application was submitted by a person who does not have rights to real estate;
• the type of permitted use of land does not provide for housing.

In some cases, it is enough to correct errors, for example, to supplement the package of documents or change the permitted use. In others, the refusal is issued illegally. If the officials refused in violation of the applicant’s rights, it is necessary to appeal the refusal in court or, as an alternative, to recognize the house as residential through the court.

Each situation is individual and requires a special approach. In order not to make a mistake with the choice of requirements and the wording of the application, contact our lawyer for help - the chat window is in the lower right corner of the screen.

The procedure for converting garden property into residential property has been significantly simplified in 2021 - however, it still requires careful attention to the collection of documents. Now the key point is to prepare the correct technical report from a competent specialist. The administration’s decision to transfer or refuse to transfer to a new status depends on how detailed the research is conducted.

Main reasons

The most common reasons for a negative decision:

• Not enough documents. The applicant did not provide the full package specified in the legislation.
• The property does not belong to the applicant. In this case, it is necessary to contact the owner.
• Lack of data on ownership in the Unified State Register of Real Estate. There are nuances here. If there are documents, they are provided and the information is entered; if there is nothing, then it will not be possible to get a positive decision. 15 working days are given to provide papers.
• No consent of others. This role can be played by spouses if the purchase was made during marriage, or by a bank when applying for a mortgage or loan. Sometimes this issue cannot be resolved. Because third parties categorically refuse consent. Or there is no way to find shared owners. Then you will have to suspend the submission of papers.
• The property is located on a site where, by law, a residential building cannot be located (forestry land, protected area, oil pipeline, etc.). Often refusals occur due to the inadequacy of the land plot on which the property is built. If the garden land is not included in the territorial zones of the rules governing land use and development.

In this case, you need:

1. Organize a meeting of all participants in the gardening partnership.
2. Prepare documentation on the planning of the territory and making the necessary changes to the rules of use and construction.

For the last point, order a town planning plan for your site.

• Condition of the house. Full compliance with all points, including:

1. kitchen of at least 6 square meters;
2. ceiling height from 2.5 meters;
3. total area of ​​the room;
4. availability of a room.

Each region has its own standards and norms. When studying this issue, familiarize yourself with the established requirements and check that they are strictly observed in your building. They are prescribed in regulations. If there is a discrepancy, proceed to eliminate the defects. Install electricity, if not, reconstruct the building inside.

Having removed what does not fit the rules, you can re-submit documents for recognition of the building as a residential building.

Arbitrage practice

We can already say that the courts are taking the side of the housing authorities. However, if technical regulations are observed, the court makes a decision to change the status of the garden house. For example, if the building is located on agricultural land “for summer cottage construction”. The owner has the right to go to court and transfer the building to the category of residential buildings.

The court will grant re-registration if:

• the house is located on forest or water fund lands;
• there are problems with fire safety, violation of sanitary, hygienic and environmental standards;
• The land is not owned, but leased.

Starting in 2021, cases involving the determination of the type of land plots have been added to court practice. An unequivocal refusal will be issued if the territory is classified as garden plots. It is prohibited to build residential buildings there, so even the courts are powerless here.

Example:

Lomakin filed a lawsuit against the administration of Samara. The problem was the refusal of the local government to transfer the garden house to the status of residential buildings. The reason was that the plaintiff did not register the house with the cadastral register. Initially, the building was registered, but after reconstruction the changes were not taken into account. Data discrepancies were cited as the reason for refusal. The court was convinced that the refusal was justified and ordered Lomakin to re-register the property + obtain a fresh extract from the Unified State Register of Property Rights.

Let's summarize the above. Garden houses can be converted into housing stock. The owner must have documents for the building and land plot in hand. The status of the land is individual housing construction or SNT “dacha construction”. An expert opinion, cadastral passport, technical plan and other documents will be required. The final decision is made by the district administration. Along with the transfer to residential status, the house is assigned a postal address for permanent registration of the owner’s family.

It is very difficult to predict how the housing situation will turn out. Often local authorities “tighten the screws” and issue a ridiculous refusal. There are also quibbles from cadastral engineers. As a result, the process will take several months. Many people still cannot solve the problem of converting a garden building into a residential one. To avoid misunderstandings, mistakes and refusals, enlist the support of lawyers. There is a free consultation on our website. Ask your question, and lawyers will answer it taking into account the specifics of your situation.

See how to convert a garden house into a residential property according to the new rules:
Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Author of the article

Maxim Privalov

Lawyer. 2 years of experience. I specialize in civil disputes in the field of housing and family law.

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Is it possible to challenge the recognition of a garden house as residential in court?

In the statement of claim, indicate the reasons stated in the decision to refuse. Then it will be necessary to prove why they are incorrect and you do not agree with them. This will require documents that fully comply with all requirements under the legislation of the Russian Federation.

This is a common procedure that lawyers can handle with ease. It is applied only in case of refusal by the administration, that is, it will not be possible to go to court immediately.

To challenge the administration's verdict: file a claim in the magistrate's court. Be sure to attach all necessary documents and the decision to refuse from the administrative authority.

There is no point in postponing, because the law establishes a period not exceeding 3 months. This period begins from the day you learn of the refusal. And in court, you will receive a decision: the garden house on your site is a residential or non-residential building.

If refused, you have the opportunity to appeal to a higher court.

Conditions for transfer to housing stock

The most important requirement: a garden house or cottage has all the signs of a permanent structure .

Capitality

To summarize, this means that it was built in accordance with the requirements of SNiP, technical regulations and is suitable for year-round living. But the inspection inspector is interested in the following “specifics”:

• reliable load-bearing walls, foundation and roof. The structure was erected in its place “for centuries”: it can only be moved by destroying it; a certain ceiling height. In the house - from 2.5 m, in attics and corridors - from 2.1 m;
• climatic parameters. It is necessary to ensure humidity up to 60% and temperature 18+, regardless of the heating method. Gasification of the house is not necessary;
• sewerage and water supply. If available, you need to connect to them by default. If they are not there, they get out of the situation on their own: drill a well, disinfect the waste. This does not free you from the construction of a bathroom and toilet rooms (with a minimum area of ​​almost 2 and 1 “square”, respectively);
• area restrictions. Yes, it is considered everywhere: a living room (even one!) - from 12 square meters. meters, kitchen - from 6 sq. meters, and both with at least one window. Any decent garden house or dacha, like its owner, has a passport (technical), as well as the necessary package of permits.

Special purpose

The next condition is also extremely important: the land must be “in order.” The site must be used correctly. If it is issued “for the garden” - “abandon hope, all who enter here”: a status “leap” for the building is impossible. If the site is taken for a garden, a summer cottage or housing construction, you can collect documents for the center (MFC) in the city or local government.

Who has the right?

Not everyone has the opportunity to go through a simplified procedure for obtaining property.

The copyright holder must ensure that the following requirements are met:

• According to documents, the plot can be used for farming.
• The house is not only recognized as residential, but can actually be used for living in the cold season.
• Non-residential and residential properties located on the territory of SNT.
• The presence of other buildings that do not require permission.

In accordance with Art. 51 of the Town Planning Code of the Russian Federation, permission is required for all capital buildings. The law on dacha amnesty applies only to houses built before October 1, 2001.

House and land requirements

To recognize a dacha building as a residential building, it must meet certain criteria:

1. Purpose – lands of populated areas. Re-registration of agricultural land is not always possible.
2. The site must belong to the settlement zone.
3. The following permitted use options are acceptable: garden and country houses, private household plots. The ideal option is a plot for individual housing construction. The land is being converted into this type.

Note! It is permissible to transfer not all plots to individual housing construction. They may be part of municipal or state property. It is important to find out this information in advance.

In addition, the following requirements are imposed on a residential building:

1. The house must have a certain set of rooms - a living room, a kitchen, a shower room or a bathroom. All regions have their own minimum standards for premises. Thus, the average kitchen area is 6 sq.m., living room - 12 sq.m. m.
2. Ceilings must be at least 2.5 meters high.
3. There must be all communications in the house, such as heating, electricity, water, sewerage and ventilation.
4. The building must comply with all construction and sanitary standards. In addition, it must comply with fire safety regulations.
5. A technical passport for construction is provided to the BTI. Its manufacture may require technical expertise with a specialist visit.

The following differences are distinguished between a country house and a residential one:

The only place to live is the main reason for converting a country house into a residential one. If registration is permitted, and the dacha is the only place of residence, the building can be re-registered as a residential building.