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When the long-awaited construction of the long-awaited house is completed, the owner must go through a certain procedure for registering his building. How much does it cost to register ownership of a house built by the owner on his own land in 2021? Such a procedure must be carried out in accordance with the requirements provided for in Article 25.3 of the Federal Law. zak. No. 122. This law regulates the registered rights to the objects under construction and all transfers of ownership rights for these objects.

Properly registered ownership of the constructed object significantly increases its liquidity. With the completed documents, the owner will be able to carry out any manipulations with his home without unnecessary red tape:

  • Sell ​​or donate to someone who has expressed a desire to live in the village.
  • Set up as collateral for some purpose.
  • Pass on by inheritance.
  • To rent.
  • Apply for registration and live in the house.

So what is usually meant by a “residential building” object?

As of today, no such clear definition as “residential building” is prescribed by any clauses of the law.

As usual, buildings that have the following characteristics are classified as individual housing construction:

  • The building is located separately from other buildings nearby.
  • The building does not have adjacent walls with other buildings that are intended for housing.
  • Only one family lives in this house.
  • The building is no more than three floors in height.

A house built on an individual housing construction site must be assigned an address. In order to make it possible to live in this house all year round, various communications are connected to it. Only then will family members be able to register in a residential building.

Necessary actions before starting construction

The owner of a piece of land has the right to use and dispose of it as he wants. But many different rules limit the owner’s rights to use such property. For example, not every plot of land is allowed to build a house for living, even if it belongs to the owner legally.

Be sure to make sure that this site is intended for residential development. The intended use of the land is specified in the cadastral passport. It is necessary to check the data on the permitted use of the land.

Possible problems during registration

At first glance, the procedure for registering rights is quite ordinary, but some problems may arise:

  1. For example, a technical plan may be invalid or executed with errors. Only cadastral engineers who have the necessary permits and certification can draw up technical plans for OKCs. A list of all cadastral engineers can be found on the Rosreestr website. When choosing an engineer, we suggest that you pay attention not only to the fact that he has access to drawing up plans, but also to such a fundamental parameter as the number of refusals to register the documents he has drawn up. We employ experienced cadastral engineers. By contacting the Cadastral Bureau - Real Estate, you minimize the risk that Rosreestr will refuse registration due to an erroneously drawn up plan.
  2. Delaying production deadlines. The deadlines for registering OKS with cadastral registration are prescribed by law. They may be slightly increased when submitting documents through the MFC, this is due to the peculiarities of interdepartmental interaction. The receipt must certainly indicate the date when the extract from the Unified State Register will be ready.
  3. Incomplete package of documents. Often two situations occur: either the ownership of the land is not registered and unauthorized construction takes place, then most often you have to go to court, or sometimes the problems are of a more serious legal nature, for example, you cannot build a house on this plot of land. A lawyer will explain what to do in similar cases.

The legislative framework

In 2021, ownership of residential real estate, which includes buildings on individual housing construction sites, is determined on the basis of Law No. 218-FZ . As soon as such a law was introduced, every owner who wants to formalize his building for personal use must obtain permits for its construction.

Let us note the main steps that must be taken before individualization of construction rights begins:

  • We check for what purposes the land on the site can be used.
  • We are obtaining permits for the construction of our house.
  • We carry out construction work.
  • We are putting our house into operation.
  • We receive documents: cadastral passport and technical passport for the house.
  • And we register the house for personal use

Registration of ownership of construction on private housing construction lands

To become the legal owner of a building erected on individual housing construction lands, we prepare the necessary documents:

  1. We fill out the application according to the specified form.
  2. We provide your passport.

  3. A document proving that you are the owner of the land.

  4. Permission to construct a building.

  5. Prepared technical passport. It is compiled by the Technical Inventory Bureau within 14 days, so it must be completed in advance.

  6. Cadastral passport for land.

  7. Cadastral passport for a constructed residential building.

  8. Document confirming the assignment of a postal address.

  9. Permit document for putting the building into operation.

  10. Document confirming the state fee paid.

Applications for registration of real estate in Rosreestr branches are usually processed within ten to fourteen days if they were submitted directly to Rosreestr. If documents were submitted through the MFC, then the waiting time may be a little more.

Registration of ownership of a house on a SNT or DNT plot

If the building was built on the site of a garden or dacha partnership, the process of registering the right to personal property will be much more complicated. If before March 1, 2021, a house built on such a plot could be registered according to a simplified scheme, since the “dacha amnesty” was in effect, then at present the owners of such buildings will have to register their rights on a general basis.
Owners of such constructed residential buildings will need to go through a rather difficult path, which involves obtaining permits for construction. Otherwise, such a house will be considered unauthorized.

According to a simplified scheme, after the rights to the land were established, the building could be registered using 2 documents:

  • Document establishing the right to land

  • Passport for the building, which is drawn up by cadastral engineers

*Citizens are often concerned about the high cost of cadastral engineer services, since this directly affects the cost of registering ownership of a house that the owner has built on his land. For reference: in the Moscow region such services cost 450 rubles. per hundred square meters, but not more than seven thousand per plot.

It is hoped that the simplified registration period will last until March 1, 2021. Such a bill has been submitted to the State Duma for consideration, since there are still a large number of citizens who have not properly registered their real estate.

In order to register a building erected on a SNT or DNT site under the dacha amnesty, we are preparing the following documents for submission:

  1. A registration certificate or declaration for the house indicating the parameters characterizing it.
  2. Passport of the citizen who registers the house.
  3. An extract from the Unified State Register of Real Estate, which confirms ownership of the land plot.

If the site does not yet belong to the owner of the building, then you must first register the land as ownership.
The package of documents is transferred to Rosreestr. An application of the established form must be attached to it, having paid the mandatory state fee.
The process of registering rights to a building takes about two weeks, after which the owner receives an extract from the Unified State Register of Real Estate. This extract is the very treasured document according to which this particular citizen is the owner of this building.

Where to start designing

To register a house built under a notification procedure, you first need to receive a notification about the start of work, and then have it approved by certain authorities.

Having completed construction work, you will need to submit documents for a notification of compliance of the property (you must have a technical plan). The house will be checked for compliance with urban planning regulations during construction.

After checking the house and documents, the administrative or architectural authorities themselves will transfer data about the object to Rosreestr so that the house can be registered and your ownership rights will be formalized.

If the house was built on the basis of a permit, but you did not register it according to the old rules, you will probably need to receive a notification, because Rosreestr or the administration may refuse registration due to changes in legislation.

You need to contact a cadastral engineer to prepare a technical plan for construction. For such preparation you will need the following mandatory documents:

  • Construction permit (Notice of commencement of construction);
  • Project (if available);
  • Coordination with authorities;
  • Notification of object compliance.

Only a certified cadastral engineer will be able to develop a technical plan, and you can check the fact of its certification on the Rosreestr website.

Registration of ownership of a house built without a building permit

Some “dashing” builders of residential buildings, after their construction, sometimes encounter problems that they did not even think about at the beginning of construction. Permission for the construction of a residential building was not obtained, but they are required to register ownership.

For such cases, of course, certain norms of the Town Planning Code of the Russian Federation are provided. Making the construction legal will not be as difficult as it will cost a lot of time and money. If the developer has not prepared the appropriate documents for the land, then it is first necessary to register ownership of the land plot.

There are three ways to register ownership of an unauthorized house:

  • With the help of a judicial authority, by going to court.
  • Be able to obtain a building permit in advance of the moment of registration, and after some time put the house into operation.
  • Submit an application to the commission for the suppression of unauthorized construction to ensure that the object is left intact. If the members of the commission decide the issue positively, all the necessary permits will be prepared and issued to you.

Why register a house?

All the time until a capital construction project is put on the cadastral register and registered, it is not a legally independent object. This means that you cannot make transactions with him. If, for example, you decide to sell or donate or even inherit this property, without the real estate registration procedure, you will not succeed. The owner of the right can dispose of the house in full only after the data about it is in the Unified State Register of Real Estate.

Why do you need to register rights?

  • Taxation of real estate. Only officially registered real estate is subject to property tax.
  • Protection of rights by the state. The state is obliged to protect property rights, but this applies to those objects whose information is included in the Unified State Register of Real Estate.
  • Compensation in case of emergency. When a house is destroyed as a result of emergency circumstances, the copyright holder is entitled to compensation from the state. If you lived in a house that was not registered, you will not be able to receive compensation.

Putting real estate on the cadastre and registering property rights are two mandatory actions after construction is completed. They are performed in one stage.

How much does it cost to register ownership of a house?

Like any other procedure related to the registration of something, registering ownership of a house built on your own land will cost some money:

  • Registration of a technical passport at the BTI (1200 rubles, if urgent, then 2500 rubles).
  • State duty for registering a house in the Unified State Register of Real Estate (RUB 2,000). You must remember that you must first pay the fee, then submit the documents; without payment, they simply will not be hired.
  • Legal services if the developer decides to seek the help of specialists (about 5,000 rubles).
  • State duty for registering a house (individuals - 350 rubles, legal entities - 1000 rubles, according to the requirements of the Tax Code of the Russian Federation).

From all of the above, it is clear that well-thought-out and well-taken steps when building your own residential building will help you quickly become its legal owner and save time and financial costs. We hope that after reading the article, the procedure for registering the right to a house will become clear and easy.

Is refusal possible?

There are several possible circumstances under which Rosreestr may refuse to register ownership rights to a house:

  • The applicant is not eligible for registration. If another person is acting on your behalf, you need to issue a power of attorney for him.
  • Errors in documents. They are not an absolute obstacle to registration, but the procedure will be suspended, and after the errors are corrected, your rights will be registered. To avoid temporary losses, we recommend checking your documents carefully. You can also contact our employees to eliminate the risk of refusal due to incorrectly completed documents.
  • Errors in technical documents. This problem is very common, especially when registering shared ownership of a house. A refusal may also occur due to errors in the technical plan; for this reason, you need to take a responsible approach to choosing a cadastral engineer.

In the above cases, you receive a reasoned refusal from Rosreestr instead of an extract from the Unified State Register. Before further work, it is better to consult a specialist. As a rule, most reasons for refusal can be easily resolved, after which you can reapply. If you believe that Rosreestr employees denied you unlawfully, you have the opportunity to protect your rights in court.

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