All land on the territory of the Russian Federation is divided into certain categories. The intended purpose, as well as the type of permitted use, depend on which category a particular site belongs to. For example, agricultural land - it is not difficult to guess what they are intended for, but not all the nuances may be obvious.
It is prohibited to go beyond the intended purpose and permitted use by law. To use land of a certain category for other purposes, it is necessary to first transfer the land from one category to another.
Agricultural land
A certain category of land has agricultural status. But what is it? Agricultural land – as the name implies, those lands where only agricultural activities are allowed.
Agricultural land can be used for purposes such as:
- farming activities;
- dacha farming;
- gardening;
- livestock farming;
- gardening, etc.
In this plan for the use of agricultural land, agricultural land is divided into:
- land for agricultural work;
- plots of personal subsidiary plots.
The possible type of use is indicated directly in the cadastral documentation of the site. The first category of land for agricultural production is allocated only for commercial activities to farms and sometimes for the work of research centers.
Ordinary citizens can only receive land from the agricultural category for running a personal subsidiary plot or for running a dacha farm.
But this does not mean that the owners of such land do not have the right to make a profit from the use of the site. Products obtained from private household plots can also be sold.
On the other hand, the agricultural status of the land limits the rights of citizens to use these plots. Thus, these plots cannot be used for housing construction.
Required documents
First of all, in order to be registered, the building must be recognized as residential. This can be done at the administration at the location of the house or at the MFC. To transfer a garden house into a residential one, you need to conduct a technical examination of the building, which will prove its suitability for habitation, obtain an extract from Rosreestr on ownership and provide the consent of all owners to change the status of the building. After all the documents are ready, the owner needs to submit a corresponding application and wait for a response within a month and a half.
After the building has received the category of residential premises or a permit (or notification, if a simplified procedure is in effect) for the construction of an individual residential building has been issued in advance, you can prepare documents for the owner or his family members for registration at the place of residence. What you will need:
- conclusion of a technical examination that the building is suitable for year-round use;
- an extract from Rosreestr, which confirms that the applicant is the owner of the property (in the “purpose” field there should be an o; it can also simply be “residential building” or marked “without the right of registration”);
- application for registration;
- passports of those whom they plan to register in the house.
Only the owner of a residential building can submit an application for registration at the location of the house. If there is more than one owner of the property, the consent of all persons who have a share in the house will be required.
Is it possible to build a house on agricultural land?
Many people wonder whether it is possible to build houses on agricultural land? According to the law, starting from 2021 it is possible to build on agricultural lands that are necessary for conducting economic activities. But what can be built on agricultural land?
Usually, to conduct livestock farming, farmers need to build a residential building directly on the site provided for this purpose. In such cases, the construction of a cottage is permitted. But this dwelling does not have the full status of a residential building and it is impossible to register there.
On the other hand, citizens who own a plot that is part of a garden partnership or dacha cooperative have the right to build a residential building on these plots. In order for such a building to have the status of a full-fledged residential building, where one can subsequently register, it must be carried out in strict accordance with the requirements of the law. Basically, these requirements relate to obtaining permits for construction on agricultural lands.
Why was the dacha amnesty extended again and what is its meaning now?
We have talked many times about the cancellation of the building permit from August 4, 2021. Instead, a notification is now given. The old dacha amnesty allowed for a simplified procedure to legalize houses that began to be built before this date, including those houses that had already been built. On March 1, 2019, the old dacha amnesty ended. It was possible to legitimize houses for which construction permits were not issued only through the courts. It turned out that many people did not have time to take advantage of the dacha amnesty, which explains its extension until March 1, 2021. Before this period, you can legitimize the house without going to court and without paying extra money - upon notification.
How to get permission?
As you know, in order to build a house on a plot intended for individual housing construction, it is necessary to provide the local government with technical documentation of the future construction and a document confirming ownership.
Most agricultural plots within SNT and dacha estates are not privately owned, but have the status of temporary ownership. In such cases, instead of a document confirming ownership, you can provide the charter of the cooperative or SNT.
In each individual case, the local government authority (district administration) makes a decision to issue a permit for construction on agricultural land, depending on other acts of local importance. So, before purchasing such a plot, it is necessary to make inquiries with the relevant authority about the possibility of erecting a building.
In fact, no permission is needed to build and live in such houses. Difficulties may arise in the future when installing power supply lines and selling real estate. Such complexities are very difficult to resolve. Therefore, it is advisable to act according to the law and follow the established procedure.
To build a cottage for residential purposes on the territory of a farm plot, it is necessary to obtain the appropriate certificate of farming. Such a certificate is issued by a local authority upon registration of a commercial organization.
Why do you need to register garden real estate?
Dachas, country houses, garden houses and other capital construction structures must be registered as property in order to:
- they were not recognized as unauthorized construction and were not demolished legally;
- to avoid disagreements with neighbors regarding the location of residential and commercial buildings, as well as to eliminate disputes about the boundaries of land plots;
- receive compensation in case of damage caused by third parties or in case of demolition of buildings for municipal or state needs;
- eliminate the possibility of the Federal Tax Service charging property tax for 3 years and a fine, the amount of which is 20 percent of the amount of this tax;
- eliminate the possibility of problems when connecting gas, electricity and other utilities;
- gain the opportunity to make transactions with this property, as with any other property: donate, sell, inherit, insure, use as collateral for lending.
The dacha amnesty for registering unregistered buildings on garden plots is valid only until March 1 of the next year. The simplified procedure has become more complicated more than once, and no one can say for sure what will happen after the end of the program. One thing is certain: it will most likely not be simpler, faster and more accessible than it is now.
Other buildings on agricultural land
In fact, the construction of other non-residential premises on the territory of an agricultural plot is not limited by law. The main requirement is that the type of construction and its intended purpose coincide with the objectives of using a particular site.
So, for example, to store agricultural products you need a barn. Or, if there is a need to process products, then the construction of an appropriate building is allowed.
The main requirement for the construction of buildings on agricultural land is that only one building can be built for residential purposes. The remaining structures must have a different purpose.
Also, in order to ensure the civil legal status of real estate, the structure under construction must obtain a construction permit.
○ Conditions for recognizing a building as suitable for habitation.
The most difficult thing is to prove the suitability of a residential building for year-round use. The characteristics for determining this criterion are described in Decree of the Government of the Russian Federation No. 47 of January 28, 2006. According to it, the level of suitability of housing for long-term use is determined by:
- Reliability of structures - load-bearing and enclosing structures must be in equally good condition.
- An appropriate level of safety - movement around the premises should not pose a danger, and engineering networks and systems must be installed at a high level and comply with sanitary and hygienic standards.
- Availability of living conditions: all communications must be carried out in a residential building: electricity, gas, water (hot and cold, suitable for drinking), heating, ventilation.
- The strength of the foundation must protect it from all types of water.
- Compliance with fire safety requirements.
- The height and area of the building must comply with current standards, taking into account the area of location.
- The presence of natural light sources in all rooms, as well as in the kitchen.
- Being within normal limits for indicators such as noise. infrasound, harmful substances, radiation, noise and electromagnetic radiation.
If, when checking a residential premises, a discrepancy is found in at least one of the parameters, it will not be possible to recognize it as residential.
Registration issues
Registering on such a plot will be a little more difficult than building your own house on it. But what should we do for this? The thing is that the law allows registering persons only on settlement lands. Those. in areas intended for individual housing construction. But registration on agricultural land is not allowed. You need to think about this even before building a house on agricultural land.
In order to officially register in a house located in SNT or that is a dacha, it is necessary to transfer it to the category of settlement land.
There are cases when you can register on houses built on plots intended for gardening.
However, in this case, certain requirements are put forward for the house:
- capital foundation;
- no higher than three floors;
- compliance with lighting standards;
- communication systems must comply with sanitary and engineering requirements;
- registration of the house in the registry;
- being near a settlement or within its territory.
However, registration at a summer cottage is not always desirable. After all, if no one is registered there, then taxes are calculated at the minimum rate. And after registering there, the tax price increases noticeably. Also, in most cases, a court hearing may be required to declare a home compliant, which is undesirable for most citizens.
How to register at a dacha in the Moscow region
The law, which came into force on January 1, 2021, divided summer cottages into garden and vegetable plots. In connection with this, the rules for registration at the dacha have changed. The house and the land on which it stands must meet certain requirements. Read about which house is considered suitable for living and how to register at a dacha in the Moscow region in the material of the mosreg.ru portal.
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Requirements for land plot
House layout
Source: Ministry of Property Relations of the Moscow Region
The types of permitted use of the land plot must include the placement of a residential building on it.
According to the law on gardening and vegetable gardening, which came into force on January 1, 2021, there are two types of non-profit dacha associations: vegetable gardens and garden associations. Capital construction is prohibited on garden plots. On garden plots you can build garden houses (for seasonal living) or residential buildings.
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House requirements
A townhouse was built in the residential complex "Ecodolye Sholokhovo"
Source: Main Directorate of State Construction Supervision of the Moscow Region
You are only allowed to register in a house that is registered in the real estate register as residential. It must have a postal address, comply with city planning regulations and requirements for residential premises.
The building parameters are no more than 20 meters, no more than three above-ground floors. The house must be connected to electricity, water and gas supply, heating, ventilation, and sewage systems.
The premises in such a house cannot be divided into apartments.
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How to recognize a garden house as residential
Source: Press service of the Governor of the Moscow region
The procedure for recognizing a garden house as a residential building is regulated by Decree of the Government of the Russian Federation of January 28, 2006 No. 47 (Section VI).
The decision to recognize a house as residential is made by the local government body.
The owner can contact the municipal administration through the regional public services portal or through the MFC.
. The following documents are required for this:
- an application indicating the cadastral number of the house and the cadastral number of the land plot, the applicant's postal address or email address, as well as the method of obtaining the decision;
- a conclusion on an inspection of the technical condition of the object, confirming the compliance of the house with the requirements (according to the Federal Law “Technical Regulations on the Safety of Buildings and Structures”, Article 5, Part 2; Article 7; Article 8; Article 10); such an examination is carried out, for example, in the BTI;
- if the house is burdened with the rights of third parties, a notarized consent of these persons to recognize the house as residential.
It is not necessary to submit an extract from the Unified State Register of Real Estate with information about the applicant’s rights to the house. Administration specialists can request it themselves through a unified system of interdepartmental electronic interaction. If the applicant's ownership of the house is not registered in the Unified State Register of Real Estate, a title document for the house must be submitted.
The decision to recognize the garden house as residential or to refuse it is made within 27 days from the date of submission of the application. Then another three working days are given to inform the applicant about the decision made (in the manner specified in the application).
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How to register in a residential building
Yandex search engine
Source: Photobank of the Moscow region
You can register in a house recognized as residential on a general basis. The application can be submitted through the federal portal of public services, the MFC or at the territorial office of the Main Directorate for Migration of the Russian Federation.
In order to register in a house recognized as residential, you will need the following documents:
- registration application;
- passport;
- a document that is the basis for registration (for example, an application from the person who provided the citizen with housing; a social tenancy agreement; a certificate of state registration of ownership of housing; a court decision recognizing the right to use housing).
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Where to begin?
How to register in the village? To register for any residential premises, regardless of location, you must obtain the consent of the owner .
In rural areas the order is the same.
If the person being registered is not the owner of the house , then you need to enlist the support of the latter.
Next, you can check the availability of all papers. If something is lost, restore it. After this, you can proceed directly to registration.
Find out on our website about the rules and procedure for registration in a privatized, municipal or mortgaged apartment, as well as how many people can be registered in one residential premises, and how the number of registered persons will affect the amount of the rent.
Terms and cost of registration
Having started the process of registering in a country house, you need to understand that the registration will take at least 1-1.5 months, provided that you are not subject to any checks. If somewhere not everything meets the standards and it is necessary to eliminate shortcomings, then registration may take an indefinite period of time.
In financial terms, the entire procedure will cost approximately 15-20 thousand rubles . Since you will have to pay for all the examinations and visits of specialists yourself.
Procedure
It is not difficult to obtain a residence permit in SNT if the house is officially recognized as suitable for living. The procedure is no different from registering an apartment in the city. To apply for registration, you need to contact the MFC or the territorial office of the Ministry of Internal Affairs and provide an application, passport, property documents and a conclusion on the building’s compliance with the requirements for residence.
The period during which registration will be completed depends on the place of application: at the MFC registration is completed within seven calendar days, and at the Ministry of Internal Affairs department - no more than three days. The procedure is free and not subject to state duty. The only possible expense is the service of filling out forms, if for some reason the applicant cannot do this in person.
Registration registration does not require the approval of representatives of the SNT membership, the consent of neighbors on the site or joining the partnership. There are also no restrictions on the area or number of registered persons, while for fictitious registration the violator can be fined in accordance with the Code of Administrative Offenses of the Russian Federation.
