From January 1, 2021, gardeners have the opportunity to determine for themselves the type of real estate built on a garden (dacha) plot of land.
(Law No. 217-FZ), provided for the possibility of recognizing the constructed garden house as residential. And vice versa - if desired, a residential building existing on a garden plot can be officially recognized as a garden house.
Let's figure out how a residential house differs from a garden house and what needs to be done in order to convert a garden house into a residential one.
Requirements for registration of a residential single-apartment building
The main group of requirements are technical:
- number and purpose of premises (minimum - 1 living room, kitchen, bathroom, room for a heating boiler (in the absence of central heating);
- area of premises, their width;
- ceiling height (depending on the climatic region, at least 2.5 m for the first floor);
- compliance with insolation standards (the area and characteristics of glazing are determined);
- availability of communications, engineering systems (water supply, sewerage system, electricity, heating, ventilation);
- the object must be capital, placed on a foundation.
Technical standards are specified in SNiP 31-02-2001. Additionally, fire safety requirements and hygiene standards (SanPiN) are taken into account. In some cases, it is necessary to prove that the building is already used as housing (the owners permanently reside in it).
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.
How to recognize a house (building) as suitable for habitation
Registration actions are carried out at the local administration. To do this, prepare a package of documents:
- BTI conclusion. To register it, BTI engineers must inspect and measure the house. If there is a construction permit and design documentation, engineers are familiarized with them. The conclusion is prepared within the established time frame, the customer (real estate owner) picks it up independently;
- certificates from fire inspection services and SES on the facility’s compliance with fire safety requirements and hygiene standards;
- documents for the plot on which the house is built (certificate of registration of ownership, lease agreement, passport, etc.).
This is the main documentation. It is accompanied by a written statement recognizing the building as a residential building. Additionally, the administration may require other documents.
The described procedure takes a lot of time and does not always give a positive result. Therefore, residential buildings are more often registered through the court:
- the owner needs to order an independent examination. During it, it is determined whether the building meets the technical requirements for a residential building;
- a copy of the expert report is sent to the administration along with the application and other documents: perhaps already at this stage the dispute can be resolved pre-trial;
- if the administration refuses to register the building, the documents are sent to court.
When considering a case in court, the owner of the property must prove that it can be used for permanent residence. If during construction the provisions of SNiP and other standards are met, the court will satisfy the requirement for registration. Next, the court decision is sent to the administration. Real estate registration is carried out on its basis.
What is the difference between a residential building and a garden building?
recognizes as a residential building an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs related to their residence in such a building.
The definition of a garden house is given in: “A building for seasonal use, designed to satisfy citizens’ household and other needs related to their temporary stay in such a building.”
Based on the above definitions, the key difference between a residential building is that it can be a permanent place of residence for which registration is possible.
It follows that in a garden house intended for temporary residence, registration at the place of residence is impossible.
Buildings located on garden (dacha) land plots, information about which is included in the Unified State Register of Real Estate (USRN) before January 1, 2019, with the designation “residential” or “residential building” are recognized as residential buildings, and buildings with the designation “non-residential” (except outbuildings and garages) - garden houses.
If you want to thoroughly understand what purpose your building has in the Unified State Register of Real Estate, what are the prospects for changing its purpose (if you have such a desire), order an “OBJECT PASSPORT” on our website and the project specialists will prepare an individual expert opinion for you and legal recommendations.
In this case, replacement of previously issued documents or amendments to such documents, USRN records regarding the names of such real estate objects is not required, but this replacement can be carried out at the request of their copyright holders.
Examination of recognition of a house as residential to recognize the house as suitable for habitation
Order an examination: +7
You can order such an independent examination from Invest Consulting. When inspecting a building, the expert performs:
- assessment of the house for compliance with current SanPiN, SNiP, fire safety standards, etc.;
- photographic recording - general plans of the house, individual rooms, building structures, etc.;
- description of materials and characteristics of building structures (foundation, walls, floors, roofing, etc.);
- fixation of the configuration and relative position, area, size, height of the premises;
- assessment of connected communications (quality of electrical installation, characteristics of heating, sewer, water supply, ventilation, and other systems);
- assessment of the location of the house on the site, in some cases - the characteristics of the site, its location.
We offer:
- travel of an expert to any point in Moscow and the Moscow region;
- fixed prices for independent examination;
- extrajudicial examination (the report is used to register a house with the administration or when filing a claim as an appendix to it);
- conducting a forensic examination (appointed by the court, which determines the list of issues, selects an expert organization, and determines the time frame for preparing the report).
"Invest Consulting" will prepare a detailed, detailed report that will contain all the information necessary to recognize the building as a residential building. Additionally, in our company you can receive legal assistance on any issues related to the registration of residential real estate.
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.
Lawyer for recognition of premises as residential in Yekaterinburg
The premises must meet the relevant sanitary, technical, epidemiological and other urban planning standards.
Sometimes, if the residential premises are adjacent, and the citizens living in it are relatives, there are cases when it is necessary to receive a subsidy from the state, or in other cases, for this you need to file a claim for recognition as a separate family, then it will be possible to obtain subsidies or other preferences from the state.
Recognition of a residential premises as a residential building is possible if, according to certain parameters, it meets the current requirements of housing legislation. Our housing lawyer at the Law Office “Katsailidi and Partners” will help you with the procedure: professionally and on time. Call today!
Causes
To apply for recognition of a house as residential, there must be reasons. That is, the sole desire to make a garden house or a former barn a home for permanent residence will not be enough.
It will be necessary to prove that the non-residential building is the only premises in which its owner can reside permanently, and that, after assigning residential status to it, the owner intends to reside in the building.
What must a construction project be like to be considered residential?
There is a certain list of criteria by which a house (or premises) is considered suitable for habitation, and therefore residential.
Let's list them:
- Availability of a foundation that complies with SNiP.
- Insulated walls that comply with SNiP.
- Availability of heating that complies with SNiP.
- Availability of water supply that complies with SNiP.
- Availability of sewerage system that complies with SNiP.
- Availability of power supply that complies with SNiP.
- Suitable structures for use: floors, walls, roofing in accordance with SNiP.
- Permissible wear of structures.
Statement of claim to the court for recognition of the premises as residential
Recognition of premises as residential premises through the court depends on the constructive and functional capabilities, as well as the availability of everything necessary to ensure that the object is suitable for people to stay in it at any time of the year, provided that it is used for its intended purpose. Living in such premises should be as safe and comfortable as possible; by establishing the listed requirements, the legislator secures the public interest and the direct interest of the employer.
If in the region where the applicant lives the issue of re-registration has not been resolved at the regional level, then you can safely go to court to recognize the property as residential.
After recognizing the premises as residential, the owners need to decide on the procedure for managing the common property of the house: hire a management company or found a HOA. If the owners are not satisfied with the management company, then filing a complaint with the management company about inadequate quality of service can help resolve the situation.
If your housing issue is not resolved in any way, then you can file a complaint against the management company with Rospotrebnadzor and then it will definitely not go unconsidered and unattended. You can also contact our housing law lawyer to resolve another housing issue: professionally and on time.
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