Permission to build a house in SNT: procedure for obtaining in 2021

What changes for owners of country houses from March 1, 2021: farewell to the country house

On January 1, 2021, a new law 217 on citizens conducting gardening and vegetable gardening for their own needs came into force.
He excluded such organizational and legal forms as dacha non-profit partnerships, consumer cooperatives and partnerships. In this regard, and from the Code of Administrative Offences, deputies propose to remove such a concept as a “country house”. “The law does not oblige summer residents to urgently do anything due to the fact that such an organizational and legal form as a summer cottage non-profit partnership is no longer provided,” Bednyagin reassures. And he reminds that according to the previously valid 66 law on gardening and vegetable gardening, three types of land plots were distinguished: country houses, gardens and vegetable gardens. The new law 217 left only two types of land plots - garden and vegetable plots. And at the same time he excluded such terms as “dacha plot”, “dacha construction” and “dacha farming”.

Categories and purposes of land

And so, you purchased a plot of land for construction. First, let's figure out what it is and what category of land it belongs to. The information must be written down in the cadastral passport (plan, extract).

If the construction of a house is carried out on a site classified as “land of settlements” and intended “for individual housing construction” (IHC) or “for the maintenance and operation of a residential building,” everything is very simple - just go ahead and build it.

On a note! The type of permitted use of the site allows the construction of a residential building if the site is intended for personal farming and is located within the boundaries of a populated area, but prohibits this on a garden plot.

If the site falls under the definition of “agricultural land”, a transfer to the desired category is required. This is quite real. Looking ahead, we will say that even if a house is built without permission on gardening territory, there is a chance to register ownership and register in the house. True, only in court.

If you come across land of specially protected areas, defense, communications, etc., transferring to another category usually involves significant difficulties. And in some cases it is completely impossible. Accordingly, you may not be issued a building permit.

Sample permit to build a house

How to register a house on a summer cottage (garden) plot

Thus, the new procedure has expanded due to the need to prepare a technical plan. If construction standards are met and the requirements for a residential building are met (for safe living and absence of risk to others), Rosreestr will register the new facility.

Is it necessary to register a garden house with SNT?

1. Submission of documents to the architecture department of the city or district administration before the start of construction. The application is drawn up on a special form approved by Order of the Ministry of Construction No. 591/pr dated September 19, 2021, indicating the main parameters of the planned construction. Along with the form, title documents for the land are submitted. After receiving a response to the notification, you can begin work. If there are any complaints about the plan, the documents will have to be redone. After notification that the building complies with the standards, work begins when possible over the next 10 years.
2. If the object has already been erected, a second appeal is submitted with notification of completion of construction. Along with the application, a technical plan, previously drawn up by a cadastral engineer, and an agreement on shared division are submitted if there is more than one owner of the land.

https://youtube.com/watch?v=1kfbNMmbtcs%3F

Russian real estate legislation changes almost every year. Thus, the new dacha bill and accompanying acts from 2020 increase the mandatory expenses of summer residents, complicate the procedure for registering houses and remove the concept of dacha farming. Read more about how the lives of summer residents will change in our article.

Cost of filling out and submitting the notice

You can fill out the notice of the start of construction yourself. Although, certain issues have a good chance of appearing at the stage of drawing up the graphic part. When there is no opportunity or desire to do it on your own, then we can help with this! The price for drawing up a notice is 2000 rubles. If only diagrams are required - 1500 rubles. Additionally, we can submit documents for you and give you a ready-made Notification of Compliance. But in this case, you will need a notarized power of attorney. To receive a turnkey notification costs 10,000 rubles.

A state fee is required only when submitting a notice of completion of construction, and it will cost 350 rubles, the same for reconstruction.

Attention!

The information on the site is more for informational purposes and provides basic knowledge on your problem.
Each individual case is individual, so you can check any information with our on-duty legal consultants 24/7 and free of charge.

Distance between buildings in SNT - building codes 2020

The possibility of construction is confirmed by a document establishing ownership of the land. There are several of these documents, and they are drawn up in accordance with the legislation of the Russian Federation. Agreements of lease, inheritance, purchase and sale and donation have equal legal force.

Construction standards for garden plots in 2021 in SNT

People who own a plot in SNT on the basis of a membership book are not endowed with such rights. The purpose of the land plot must be indicated on the papers, since the construction of residential buildings is permitted only in private household plots and individual housing construction.

In addition, the obligation of the local government body has been established no later than 7 working days from the date of receipt of the notification from the developer

on completion of construction or reconstruction (if the constructed object complies with the requirements of the legislation on urban planning activities), send to Rosreestr an application for state cadastral registration and state registration of rights to an individual housing construction project or garden house.

So, at one time we developed a vicious practice. On dacha plots intended for gardening, apartment buildings began to be built, which were not registered anywhere and were not officially put into operation. They were then sold, people could not register there.

Protection against unauthorized construction

The requirement to obtain a construction (reconstruction) permit and a facility commissioning permit is canceled. Instead, a notification procedure is being introduced for the start and completion of construction of individual housing construction projects and garden houses.

You will be surprised, but the neighbor is not lying. Indeed, on the one hand, houses on garden plots now require notifications, just like individual housing construction. But at the same time, a clause has been added to the law on real estate registration that still allows you to register houses on garden plots as your own without obtaining a building permit or even sending a notice. But here a number of conditions are needed:

Until the end of 2021, houses on garden plots could be registered very simply: all that was needed was a title document for the land and an application. Since the beginning of 2021, Federal Law No. 218 “On Real Estate Registration” requires the mandatory presentation of a technical plan of the house.

Has this simplified procedure been extended to garden houses? I heard things got more complicated?

• document of title (order of an authority, certificate of inheritance rights issued by a notary, purchase and sale agreement, deed, agreement, certificate, extract from the household ledger, etc.);
• so that the purpose of the site is for personal subsidiary farming, dacha farming, vegetable gardening, gardening, individual garage or individual housing construction;
• application (can be submitted by both the person to whom the land was given and his heir).

Such notification will allow you to receive a technical plan after completion of construction. When the time comes, based on this technical plan, the house will be registered in the cadastral register and ownership will be registered. Moreover, the procedure will be the same as for new houses: the application will be submitted by the authority. This procedure is now called the dacha amnesty: the opportunity to submit a notification before March 1 and not receive a building permit, even if the house began to be built before Law No. 340-FZ came into force.

It is not clear, however, how to distinguish a house that began to be built in August from one that began to be built the day before yesterday. Especially if he is not in sight. So the main thing to remember is that construction permits are no longer needed in any case, and you will always have time to submit a notice. Don't panic if you don't make it by March 1st. Consult the survey center - they will tell you the options. Sometimes you just need to fill out the paperwork correctly.

Permits are not required for residential buildings on plots for individual housing construction

Important information about improving living conditions. If the owner of such a residential building on a garden plot needed to improve living conditions, this house will not be taken into account when calculating the area

That is, re-registration of documents does not deprive the right to subsidized housing.

USEFUL INFORMATION: Restoring the deadline for accepting an inheritance

Having your own piece of land provides ample opportunities for arranging personal space to suit the owners’ tastes. The only thing that limits them is the norms of country house construction. If you do not comply with them, you can receive not only a fine, but also an order to return everything to its original state. So let's figure out what you need to consider from the very beginning.

Video description

Issues related to obtaining permission to build a house on a site are discussed in detail in the video:

Required documents

The list of required documents includes:

• identification card of the landowner (if registration is carried out through a representative - power of attorney);
• documentation establishing the legal right to the land plot;
• urban planning plan;
• project documentation, including information about utilities, explanatory notes, etc.;
• positive opinion from an independent expert (if her expertise is required).

Important! If the examination was carried out by a non-state body, a document confirming the authority of the organization is required.

Sample urban planning plan for a land plot Source 2ann.ru
The authorized body is given 10 days to check the submitted documentation, including reconciliation of the project with the urban planning plan.

As a result, the permit will either be granted or denied.

Reasons for refusal

When submitting documents, the reason for refusal may be:

• incomplete set of documents;
• the papers do not meet the established requirements;
• an inappropriate person applied.

Refusal after review of documents:

• the dimensions or technical and economic indicators of the future structure do not comply with the Civil Code of the Russian Federation.

Some of the problems that arise can be resolved on the spot. If controversial situations arise, the decision must be challenged in court. This can be done immediately after receiving an official response about the refusal.

To challenge a decision in court, receive an official refusal Source kazned.ru

New dacha law 217-FZ

With the entry into force of 217-FZ, all contributions from gardeners will have to go through a current account. Transferring cash to the chairman of the partnership is prohibited. Only cashless transfer through a bank operator, through an ATM or online banking.

How to register a residential building under the new law

Previously, the METRTV.ru portal published step-by-step instructions for cadastral registration and registration of ownership of a private house on individual housing construction lands. Most likely, after the new dacha law comes into force, this instruction will become relevant for gardeners building on rural land.

For land plots, the “dacha amnesty” has been extended until 2020. However, it is advisable to immediately submit documents to register rights to land and buildings, since this is an interconnected process. When submitting notifications for individual housing construction and the construction of buildings, citizens will still have to prove the legality of land ownership, survey the site and determine its boundaries.

Validity and renewal

In accordance with the updated Article 51 of the Town Planning Code, the time for drawing up a conclusion on the Notification cannot exceed seven working days. However, it is necessary to consider the likelihood of refusal to issue a notification of compliance for a variety of reasons (read about this below). This means that the time for obtaining a permit will increase until the reasons for the refusal are eliminated.

The same article determines the validity period of the Notice of Commencement of Construction at ten years, the same as for a construction permit. The notification is valid even after the completion of the transfer of rights to a plot of land and capital construction projects to other persons. Its effect is interrupted if the rights to land or lease rights are terminated for any reason. If you do not properly register the house within ten years, the Notification will need to be extended.

The legislation does not define the procedure for prolonging the Notification. Therefore, when the validity period approaches its end, you should simply issue a new one. Of course, if there are no legislative changes.

The nuances of building a house on land for gardening in SNT

However, this is only possible where each gardening plot is an independent object, registered and individually owned. Very often, SNT owns land jointly, each participant owns a certain share. In this case, it is necessary to first obtain information about the standards accepted in this gardening. Such information is contained in the constituent documents.

Problems may arise at the stage of registering the building or attempting to register in such a house in the future. The Constitutional Court explained back in 2011 that citizens can exercise their right to housing by registering permanently in a house built in a garden. But for this, two conditions must be met:

List of useful documents

Documents for download:

Features of the new law on gardening and vegetable farming partnerships - 2021

The main goal of the new law, which replaced the Federal Law “On gardening, vegetable gardening and dacha non-profit associations of citizens” (in this regard, no longer in force No. 66-FZ), can be considered as an attempt to resolve the situations that have arisen in the “dacha farming” of the country, in which, Somewhere successfully, somewhere not very effectively, 60 million gardeners, summer residents and vegetable gardeners work for their own benefit, and this, no less, is practically half of the Russian population.

Members of the partnership are required to provide reliable information necessary for maintaining the register and promptly inform the chairman of the partnership or an authorized member of the board of changes in information.

Where and how to submit?

The government agency authorized to provide consent for construction in a specific region reviews and issues an opinion.

• In the city of Moscow it is Mosstroynadzor, in the Moscow region it is the architectural department of the district land committee. Direct documents in the Moscow region are accepted only in isolated cases or if you show extreme persistence. In order to avoid the noise and crowds in their own premises, civil servants refer to alternative options for transferring documents.
• Using MFC. As you know, these centers nowadays perform quite well the work of a courier in transferring documents from citizens to the majority of government agencies. In this regard, with the above documents, you can go there. However, in Moscow, go straight to Mosstroynadzor.
• Send by mail. It may seem that the Russian Post still has a government lobby. Otherwise this point would not exist. But such a method exists, although it is worth clarifying the addressee in advance.
• Use the “Government Services” portal. If you have registered on the site and the verification procedure has been completed. This is probably the most comfortable choice. Not many people know about this, but the portal’s search functions poorly and upon request it returns a bunch of unnecessary information. It's better not to even try to look. Therefore, it is better to use Yandex search, for example, just write, “Notification of planned construction in public services” - you will immediately see the necessary link.

What happens if you don’t register a country house before March 1, 2020

If you do not register the house, then in the near future it will join the ranks of unauthorized buildings, and it may be demolished, or it will have to be brought into compliance with what the law requires of residential and garden houses. Although this is not always possible. For example, there is a requirement that houses should be located no closer than 3 meters from the fence. It is unlikely that the house will be moved.

No, it can’t be like that!

And this is only a small part of the requirements. Separate SNiPs exist for garden buildings, as well as for garden construction, which list the maximum distances at which houses and outbuildings should be located on the site.

Since January 2021, it is now possible to build not only a garden house, but also a residential building for permanent residence on SNT. You can even register in this individual housing construction project, the main thing is that the building is registered in accordance with all the rules and complies with building codes. But this is only possible if your land is part of a zone for which there are urban planning regulations with acceptable parameters for such construction. That is, in practice, the possibility of construction depends not only on belonging to the SNT, but also on the plan drawn up by the municipality.

If there is an unregistered house on your site, then from January 1 to February 28, 2021, you can register its ownership in a simplified manner. You need to contact a cadastral engineer who will come to your site and make a technical plan of the property, and then send an application to Rosreestr for registration.

How to register a house in SNT, which has already been built, starting from 2021?

Participants in gardening cooperatives are given 5 years to choose SNT or ONT. If the majority is for a gardening partnership, but you don’t want to demolish houses, you can register your association as a homeowners’ association (HOA). To do this, you need to submit a request to Rosreestr.

The purpose of the law is to provide citizens with the opportunity to register their garden plots located in SNT quickly and without red tape, but from March 2021 the houses located on them will no longer be able to be easily registered with the cadastral register.

• are country houses and located on the lands of SNT;
• the land plot is directly adjacent to lands for the needs of gardening and vegetable gardening;
• buildings on the allocated plot do not require permission and are classified as SNT.

Decorating a house under the dacha amnesty

• the applicant's civil passport;
• any of the documents that can confirm the applicant’s rights to this plot (sale and purchase agreement, inheritance, donation, etc.);
• cadastral plan and technical passport of the allotment;
• payment document confirming payment of state duty.

1. SNT lands were within the boundaries of the settlement. On agricultural lands, registration of residence is out of the question. The exception will be those farmlands that have the permitted use of “gardening or dacha farming”;

Is it possible to register ownership of an already built house?

Previously, the procedure for registering a built house was very complicated, requiring a long wait and collecting a lot of documents. To simplify the process of legitimizing buildings and motivate citizens to register ownership of their properties, a dacha amnesty was introduced. The dacha amnesty is a simplified procedure for registering country property. Since its inception, this law has undergone changes several times. Every year, amendments are made to it, which complicate the registration process. At the moment, the State Duma has extended the dacha amnesty until 2021. We strongly recommend that you do not delay registering your property and do it under the dacha amnesty that is still in effect.

Self-construction must be legalized. First, you should contact the administration, providing the necessary package of documents. If you have tried all the possibilities to register your house administratively, you can go to court and resolve the issue in court. Below we will look in more detail at ways to register built houses.

Restrictions and requirements for development

Requirements for the use and organization of land for construction are specified in SNiP 30-02-97. They are obliged to be carried out by persons planning construction on a summer cottage. As a standard, 6-12 acres are allocated for a dacha, but you can only build on 30% of the plot.

Fire safety standards

Buildings more than 2 floors in height must be built from fire-resistant materials or equipped with fire alarms, partitions made of non-combustible materials, and emergency exits. SNiP also establishes other fire safety standards for a private home:

• construction of stone structures at a distance of 6 meters from each other;
• removal of objects with wooden elements by 8 meters;
• distance from stone to wooden buildings - 10 m;
• the location of two wooden buildings 15 m from each other;
• calculation of distance along a wall or plinth. The protrusion of elements by 0.5 m requires calculation from the plane of the wall. If the projection is larger, projections on the ground surface are taken into account;
• the maximum volume of a gas cylinder for a country house is 12 l;
• storage of spare cylinders in a metal box outside blank walls at a distance of 5 meters from the entrance.

USEFUL INFORMATION: Entering into the inheritance of a minor child

On a note! To call rescuers, a radio communication point or telephone center is equipped.

Construction standards

Sanitary restrictions

Domestic buildings are located based on sanitary standards that are legally established for the construction of a residential building on one’s own summer cottage. SNiP 30-02-97 establishes:

• distance from the cellar to residential property and toilet - 12 meters;
• the distance between the house and the bathhouse is 8 meters;
• location of the toilet 8 meters from the compost pit and well;
• distance from a residential building to an outbuilding - 12 m;
• The height of the cellar above the house is 2.2 m, the recess underground is 1.6 m at ceiling level.

Important! The cellar should not be located under animal premises.

Engineering safety

Engineering rules for the construction of a residential house on a garden or summer cottage are established by SP 30-102-99. The document indicates the need to locate the roof slope and rain drains 1 m from the neighbor’s fence. If the distance is shorter, the drainage lines are led out onto the territory of their site.

The country house must be equipped with a ventilation system and an electricity supply line. The rules indicate that to account for energy consumption you need a sealed meter.

The residential property is located taking into account insolation. From March 22 to September 22, natural light must fall on the house for at least 2.5 hours. The finished structure should not cast a shadow on the neighbors' property.

Distance from neighbors' fence

30-102-99

• from the border of the adjacent plot to the building for keeping birds and animals - 4 meters;
• from the border of the neighboring plot to other buildings - 1 m;
• from the neighbors’ fence to the bushes - 1 m;
• from the neighbor's fence to trees of medium height - 2 m, to tall trees - 3 m.

Rules for the prevention of fire situations, dated this year, state that there should be 10 meters from a stone house on one’s own site and a wooden one on a neighbor’s. Wooden baths in different areas are located at a distance of 15 meters.

Placement of buildings and outbuildings

At the site planning stage, it is necessary to foresee how one building will be located relative to another. All requirements are indicated above, they are established by SNiP. The documents also establish the rules for organizing paths if the land plot has an area of ​​6-12 acres. The route network should occupy no more than 25-30% of the territory.

Rules for building a basement or cellar

During the construction phase, the following standards for the location of the food storage facility must be observed:

• height of the premises from floor to ceiling - 2.2 m;
• utility room height - 2 m;
• The height of the cellar at the bottom of the structures with projections is 1.6 m.

Important! Cellars and basements can only be built under a residential building.

Registration of a built house through the court

When trying to register an already built house, there is always the possibility of receiving a refusal from the municipality - this is possible at any stage of the process. In this case, you should ask for an official refusal in writing and, having collected the necessary papers, file a lawsuit in court.

To file a lawsuit, you need the following documents:

• Written refusal of the municipality to register.
• Technical plan drawn up for the built house.
• Extract on the condition of the land plot from the Unified State Register of Real Estate.
• Conclusions from utility services.
• Agreement with the design bureau.
• Other approvals with regulatory authorities.

After collecting all the above documents, most likely, a construction examination will be required, which will establish that the house was built in compliance with all standards. When making a decision, the court usually relies on the opinion of a construction expert. And if the document indicates that the construction was carried out without violations, the court almost always issues a positive verdict.

However, if errors and violations were made during construction, the construction examination will reflect this and such a document will not help you in court. In this case, you need to eliminate all defects before contacting an expert. If the defects cannot be eliminated, you can try to resolve the situation peacefully. For example, if the distance from your house to the border of the neighboring property is less than three meters, you must agree on this point with your neighbors. If they are not against such a neighborhood, then you can register the house.

As soon as the documents for the court are ready, you need to pay the state fee and submit an application. The lawsuit must contain information about the plaintiff, the defendant, information about the real estate itself, as well as detailed requirements with which you are applying to the authority.

If there is insufficient evidence during the trial, the judge may require additional examinations. However, it is still better to carry out a construction examination well in advance of the start of the process, since such an examination will cost more during the trial.

Resolution of issues related to real estate is always accompanied by a large number of details and takes time, so the legal process can drag on.

What evidence must be presented to obtain a positive court decision:

• Compliance of the object with the category of land and type of permitted use.
• Compliance with urban planning requirements.
• Safety of the building for surrounding people.
• No violation of third party rights.

If the plaintiff manages to provide all the evidence and convince the court that the house is worth saving, the court makes a positive decision. With the court decision and accompanying documents, you should contact Rosreestr, which within ten days will issue you an extract from the Unified State Register of Registration of the house.

Standards for building a house on a summer cottage in 2021

SNiP rules for a residential building are more demanding, so there are standards for the size of rooms. For example, the bedroom should not be less than 8 square meters, and the living room should not be less than 12 square meters. The distance from the ceiling to the floor must be at least 2.5 meters; as for the attic floor, this size is allowed at 2.3 m. If there is enough sewerage for a dacha, then for a private house all amenities must be provided - heating, water, electricity , as well as a full bathroom.

Standards for building a house on a summer cottage in 2021

If the owner wants to register at the dacha, the house must be recognized as residential. To do this, it must meet all technical and construction requirements, and, first of all, be warm and suitable for living all year round. It may take 40 working days for a house to be recognized as residential. After this, the owner is issued an inspection report.

https://youtube.com/watch?v=FEI5oFaSi_Q

1. different volume of use of common property depending on the size of the garden or vegetable plot of land
2. the total area of ​​real estate objects located on such a land plot
3. the size of the share in the right of common shared ownership of a land plot or real estate objects located on it

1. property created or acquired after the entry into force of the new law
2. this property belongs to the owners of land plots on the right of common shared ownership in proportion to the areas of their plots

Contributions to SNT and ONT

As a result, it turns out that “extra” summer residents, gardeners and gardeners fall out of sight of the new law and that a very small number of people have the right to create SNT and ONT, and only those who have not only made an entry about the ownership of the plot in the register (USRN ), but also owns, as required by the new law, a share in public lands entered into the Unified State Register of Real Estate. But the new law did not establish the procedure for making entries in the Unified State Register of Real Estate relating to gardening and horticulture. And all this despite the fact that in gardening and vegetable gardening people still have a variety of documents for land. A situation more than reminiscent of a squirrel running around in a wheel. The “squirrels” in the bureaucratic wheel, as is clear, can become gardeners and gardeners who plan to be in SNT or ONT.

Registration of permission

The easiest option is to apply to the MFC (multifunctional center). You can also pick up the completed approval here.

But if you want to receive more detailed recommendations from specialists on the set of documents and on the procedure for obtaining a completed approval, it is better to contact the territorial department of architecture. The engineering workers of this body are directly involved in obtaining permission to build an individual residential building.

The final check and registration of permission to build a house on your own site is carried out by the architecture department Source moydom.media

See also: Catalog of companies that specialize in house design

An individual developer may be faced with the need for additional approvals:

• for work related to subsoil use, consent is issued by the Russian Ministry of Natural Resources;
• To register construction work near nuclear facilities, you will have to visit the Federal Service for Environmental, Technological and Nuclear Supervision.

Not all land owners require additional approvals

How to obtain permission to build a house on your site SNT 2021

The Housing Commission checks all papers within about 10 days. Approval of the development of the site gives the right to proceed to active actions, laying the foundation, purchasing building materials, etc. However, there may be a negative verdict. There may be several reasons, for example, the project’s non-compliance with building codes or neighbors’ disagreement with the construction of a tall house among summer cottages.

The presence of a plot of land in the property with a permitted use, allowing the construction of a house on it, makes the owners think about building their own house. In addition, it is much more efficient to build it according to your own design, rather than buying a ready-made one. But it is impossible to carry out such an undertaking without permits.

Current requirements

The urban planning legislation of the Russian state changes periodically. New requirements are emerging aimed at increasing the level of safety of citizens and protecting the environment. Some rules are abolished because they lose their relevance and effectiveness.

Construction norms and rules SNiPs

SNiP are Construction Norms and Rules. They are developed at the initiative of executive authorities, taking into account existing experience in the construction of buildings and the development of modern technologies.

These regulations contain provisions governing the methods of arrangement of buildings and all utilities. The use of building materials is also subject to the rules. Standards have been established for the quality and quantity of materials used for certain construction projects.

Do I need to register a bathhouse in SNT in 2021?

To prove the fact that there is no close connection with the land (if the Federal Tax Service is not convinced of your messages), you need to order a conclusion from a cadastral engineer recognizing the object as movable. It is cheaper to order such certificates from the BTI, the cost is from 500 rubles and more.

Features of registration of buildings on a dacha plot under the dacha amnesty

A bathhouse is a non-residential building. And here again it is necessary to identify it from the point of view of its connection with the earth. It does not matter what materials the walls and roof are made of, even if they are wooden, but there is a full-fledged foundation that does not allow the structure to be moved without damage, then the bathhouse will be recognized as real estate.

To register land, you only need to provide a declaration on the land plot, filled out in person, and a document confirming its allocation (any acts of government agencies, an extract from the business book, etc.). And of course, you should attach a receipt for payment of the state fee to the application for registration of the right.

USEFUL INFORMATION: Where to apply for alimony and what other documents are needed

I bought a plot of land in SNT with a country house and a separate bathhouse. There is no bathhouse in the boundary plan. The foundation of the bathhouse is 1.5 meters, there are no communications, one-story, there are no rest rooms, 3 x 4 m. Is registration necessary and what problems can arise without registering the bathhouse?

Is it necessary to register a non-residential garden house in SNT in 2020?

But for this it is necessary to have in hand a court decision that the residential building erected on the site belongs to a capital construction project and is suitable for permanent residence. In 2021, the procedure for obtaining residence permits and registering property will be the same.

Modern legislation allows you to register ownership of objects located on a purchased or received land plot. This could be a bathhouse and garage, animal enclosures, gazebos and utility blocks, garden and country houses, residential cottages.

Bathhouse registration

In this case, the bathhouse is one of the outbuildings that automatically become property along with the land plot. Of course, if the plot itself is registered as a property. Therefore, whether an object needs registration depends on its type and purpose. You can choose a solid capital structure or a compact building. You will find many interesting projects of bathhouses with one and two floors, with recreation rooms, a terrace and an attic in the catalog of the MariSrub company.

From buildings to other objects

First of all, the distance between houses is taken into account, taking into account the main materials that were used for them. Those neighbors who are still in the design stage should worry about this.

In emergency situations, the fire instantly spreads to neighboring structures. The problem is aggravated by nearby plants, a wooden fence and utility rooms. It takes a fire brigade a long time to get to rural areas and does not have the same volume of water for extinguishing as in urban conditions.

Do I need a permit to build a house in SNT in 2021?

1. Notification of the administration about plans for the construction of housing.
2. Obtaining documents for construction permits.
3. Preparation of a technical plan for the house.
4. Collection of papers confirming the right to property.
5. Payment of state duty in the amount of 350 rubles.
6. Drawing up an application. To do this, you need to fill out the appropriate form.
7. Submission of documentation with attached receipt.

What documents are needed to obtain a construction permit?

What will happen next was explained, in particular, by the local departments of housing and construction supervision, which will have to work in the new legal framework. And these clarifications have already puzzled many who have to deal with private real estate.

Permits are usually required for the construction of permanent buildings. A big advantage when building on country/garden lands is that there is no need to obtain a permit. This greatly simplifies the life of home owners when putting them into operation and when registering them in the registry. But still, unfortunately, this procedure is valid only until the first of March of the next year (2020). In the future, the “dacha amnesty” will not be used.

1. Firstly, this is the only legal way to build a house. Everything else is self-construction. You can register ownership of the house in court, since you are the owner of the land plot and will eventually receive a formalized right of ownership. But this will be a registered ownership of the self-construction.

Legal issues of varying degrees of complexity should be resolved exclusively by qualified specialists. This will help you quickly and accurately understand the pressing task.

• the plot of land must be within the boundaries of a populated area;
• on the territory of SNT, town planning regulations approved by the municipality must be in force;
• the erected structure must be subject to this regulation;
• the height of the house is no more than 3 floors and 20 m;
• total area - more than 12 sq. m., with a kitchen starting from 6 sq. m.;
• the presence of conditions for living in a round house, i.e. the availability of communications and electricity. An ideal state of communications is not required. Enough so that they can ensure their livelihoods throughout the year. For example, if there is no power grid, it is enough to have a generator.

1. An application that must indicate: the cadastral number of the garden house and plot of land, the applicant’s personal data, and how to receive a response.
2. An extract from the Unified State Register of Real Estate, which reflects: registered rights to the object or indicates a document confirming ownership of the object, if it is not registered in the Unified State Register of Real Estate.
3. Conclusion of the technical condition of the house.
4. If the building is encumbered by the rights of third parties, then their consent must be certified by a notary to recognize the object as a residential premises.

Is it possible to build a residential building in SNT and register in 2020

Such land can be disposed of only on the basis of a collective decision. Conducting electricity, drilling a well for the construction of a water intake and other similar actions can be carried out jointly or by first coordinating your actions with the members of the partnership.

Take into account the results of the introduction of the new Federal Law No. 217, which came into force at the beginning of the year. According to its provisions, plots for personal subsidiary plots (LPH) are classified as allocated for gardening or vegetable gardening. It is possible to build an individual housing construction house or a garden building only in the first case.

When should I issue a notification about the planned construction of a house?

It is worth remembering that the dacha amnesty can only return for houses on GARDEN PLOTs. In any case, buildings on individual housing construction lands will have to be registered according to the new rules prescribed in the Town Planning Code (GrK RF). Changes to the Civil Code of the Russian Federation were introduced by Law 340-FZ. They came into full force on March 1, 2020.

After completion of construction (a period of 10 years is allotted for this), the copyright holder sends a notification to the administration about the completion of construction or reconstruction of the facility. The notification must be accompanied by the necessary documents, including a technical plan of the facility.

Responsibility for unauthorized constructions

Liability for buildings in a gardening non-profit partnership without obtaining permission is provided for in Art. 222 of the Civil Code of the Russian Federation. The violator will not be able to obtain documents confirming ownership, and he will be banned from using and living. It is also impossible to sell, donate or bequeath such a building.

According to Art. 25 Federal Law No. 169 “On architectural activities in the Russian Federation”, as well as Art. 222 of the Civil Code of the Russian Federation, a citizen may be required to demolish an unauthorized structure, as well as return the site to its original appearance.

Only a court can recognize a building as illegally erected by issuing an appropriate decision, which must enter into legal force.

District commissions and local administrations do not have the right to demolish a house on their own or force the owner to do so. But their powers include issuing orders that may become the basis for the imposition of administrative fines. In addition, they have the right to apply to the court to declare the building illegal, including in relation to buildings for which the ownership rights were registered with violations.

Article 24 of Federal Law No. 169 provides for the imposition of administrative sanctions. In particular, they may be required not only to eliminate the violations committed, but also to hold them accountable in accordance with Art. 9.4 of the Code of Administrative Offenses of the Russian Federation, namely:

• for violation of technical regulations and requirements for the construction of buildings, impose a fine on an individual in the amount of 1,000 to 2,000 rubles;
• for deviations from the design values ​​of building parameters, which may pose a risk of being fined 2,000 - 4,000 rubles;
• Repeated violation will result in a fine of up to 5,000 rubles.

What has changed since March 1, 2021 when registering a house on a summer cottage

At this stage, it is difficult to obtain a refusal of a notification, since officials cannot require the presentation of project documentation, an agreement with the contractor and other additional documents. Only the category and intended purpose of the site and the general parameters of the future home will be checked.

This procedure is being introduced to tighten the requirements for the characteristics and parameters of buildings. In order for notification and registration to proceed without problems, you must comply with the requirements of Law No. 218-FZ and the Town Planning Code of the Russian Federation. In particular, a private household should not be more than 3 floors and higher than 20 m, and contain more than 1 apartment. Outbuildings and auxiliary buildings on the site should not be used for business activities. The characteristics and parameters of the constructed buildings, as before, must be confirmed according to the technical plan of the cadastral engineer.

Consequences of unauthorized construction

Unauthorized construction, without obtaining all permits and registration with regulatory authorities, may lead to sanctions. The main preventive measure is the imposition on the violator of the obligation to demolish the illegal structure at his own expense.

The decision on demolition is made only on the basis of a court decision. Before initiating proceedings, the administration sends the owner a notice of the need to carry out construction registration procedures.

Source: https://estatelegal.ru/nedvizhimost/pravila-stroitelstva-doma-na-uchastke-izhs-v-2020-godu-polnaya-informaciya/

Summing up communications

Plan for connecting communications to a residential building

When purchasing plots for individual housing construction, you do not always receive a piece of land ready for exploitation. If the site is located in a dacha cooperative or other populated area, then the issue of connecting communications is easier to solve.

Water supply, sewerage, gas or electricity are necessary for the normal functioning of the house. Depending on the location of the site itself and the nearby communications, issues of connecting them can entail large time and financial costs.

If there is no possibility of connecting to public networks or it is too expensive, you can install autonomous communications yourself.

Documents for registration of a land plot for individual housing construction

What documents are required to obtain a plot of land for individual construction?

Before you start building your own private house, you need to purchase land intended for this. Issues regarding the provision of such plots are within the competence of municipal administrations. Anyone wishing to receive a plot of land for individual housing construction must apply there, indicating the purpose of use.

The distribution of plots is carried out on the basis of an auction. Some categories of persons have the right to receive free land, in particular, large families, veterans, and disabled people. The decision to allocate land to these persons is decided in order of priority by a special commission.

The second opportunity to purchase land for individual housing construction is to purchase it from another private person under an agreement. Regardless of the basis for its acquisition, the right to it must be registered with Rosreestr. To do this, you need to submit an application and a certain package of documents. These include:

• passport (other identity document);
• a document certifying a person’s rights to real estate;
• cadastral plan of the site;
• registration application;
• receipt of payment of state duty.

Project of a private house and its passport

Drawing up a project for a private house and its passport

To obtain permission to build your house, you do not need to provide design documentation. At the same time, the developer can prepare it at his own request. The house project includes all the basic data and characteristics necessary for its construction. It includes architectural, construction and engineering information, including plans, drawings of all parts of the house, its communications, estimates, and project passport.

On what lands is construction allowed?

In the Russian Federation, all lands are distributed according to their intended purpose. For each category, rules of use are established, enshrined at the legal level in legislative acts.

Chart of existing land categories in the Russian Federation

Among them are those in which the construction of residential buildings is prohibited, restricted or strictly regulated. These include:

• land plots assigned to defense departments;
• environmental lands related to forest and water resources;
• reserve land fund.

Development permitted:

• on lands of the agricultural fund;
• areas of the area designated for settlements.

Cities are developing rapidly, so large areas are required. From time to time, the purpose of individual land plots is revised.