Many citizens use garden plots: they grow various crops, care for them, install greenhouses, build houses, bathhouses and various outbuildings, without registering them with Rosreestr. But most buildings, both on land for individual housing construction and on the territory of a gardening non-profit partnership, are required to be registered.
In this article, we will look at which buildings must be registered and within what period of time, we will present a list of necessary documents and the procedure for registering buildings.
What you need to know
Registration of buildings on a garden plot is regulated by the Town Planning Code (hereinafter referred to as the Civil Code of the Russian Federation), federal laws No. 218 of July 13, 2015 “On state registration of real estate” and No. 93 of June 30, 2016 “On amendments to certain legislative acts of the Russian Federation on the issue of registration in simplified procedure for the rights of citizens to certain objects of real estate" (hereinafter referred to as the Law on Dacha Amnesty). The latter makes it possible to register a plot and buildings on it according to a simplified scheme.
The law on dacha amnesty was adopted back in 2006. Its validity period was constantly extended. At the moment, the amnesty is valid until December 31, 2021.
According to the above law, the following are subject to the dacha amnesty:
- garden and country houses;
- residential buildings;
- baths;
- outbuildings;
- garages;
- other non-capital construction objects (kiosk, canopy, etc.)
You may be interested in: the procedure for obtaining ownership of a house under the dacha amnesty.
The simplified procedure means that prior permission from the local administration is not required for the construction of these buildings. And registering ownership of them is not a mandatory procedure.
As for buildings related to capital construction projects, they are subject to mandatory registration, and data about them is entered into Rosreestr. Such objects include buildings that cannot be moved without causing damage. That is, those that have a foundation. As well as buildings with an area of more than 50 square meters. meters:
- House;
- bathhouse (only with foundation!).
Buildings subject to mandatory registration:
- garages;
- household buildings (for example, a barn);
- baths without foundation;
- kiosks, awnings;
- temporary buildings and other non-capital construction projects.
If a building is built on a garden plot without permission from local authorities, then it is considered an illegal (unauthorized) construction.
Read more about the rules for legalizing unauthorized construction.
Conducting any transactions (sell, donate, etc.) with illegal buildings on a land plot is prohibited by law, since ownership will not be established. This can only be done through the court, provided that the construction of such a facility was carried out in compliance with all urban planning standards.
If you need to legalize a building and you don’t know how to do it, write to a lawyer in the chat and he will advise you for free.
You can also call the following phone numbers:
8 ext. 849 – Moscow and region;
8 ext. 501 – St. Petersburg and region;
8 ext. 481 – all regions of the Russian Federation.
Federal Law No. 66 of April 15, 1998 “On gardening, vegetable gardening and dacha non-profit associations of citizens” in Article 1 defines garden and dacha land plots.
Garden plot of land - a plot of land provided to a citizen or acquired by him for growing fruit, berries, vegetables, melons or other agricultural crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and economic buildings and structures ).
A dacha plot of land is provided to a citizen or acquired by him for recreational purposes (with the right to erect a residential building without the right to register residence in it or a residential building with the right to register residence in it and outbuildings and structures, as well as with the right to grow fruit, berries, vegetables, melons or other agricultural crops and potatoes).
As you can see, the difference is that a garden plot is intended, first of all, for gardening and vegetable gardening, and a country plot is intended for relaxation.
Necessary documents for registration of buildings
Previously, in order to register ownership of buildings on a garden plot, only a real estate declaration was needed. Now the list of documents has changed significantly:
- statement;
- applicant's passport;
- title documents for land;
- technical plan;
- receipt of payment of state duty;
- building permit (not always!)
The last document is needed only for buildings related to capital construction projects.
Registration by acquisitive prescription
Sometimes it happens that people who have been living in an unauthorized house for several decades are still refused when they try to register ownership through the administration. In these situations, if you have lived in the house for more than 15 years, you can register it under acquisitive prescription.
What you will have to do for this:
- Prove that you have lived in this house for the last fifteen years. As evidence, you can present witness statements from neighbors or receipts for utility bills.
- Prove the absence of claims and orders from the administration over the past 15 years.
If you can provide this evidence and comply with all the conditions, the house can be registered by acquisitive prescription.
Registration process
You can register ownership of buildings either personally or through a representative with a notarized power of attorney.
Procedure:
Step 1. Collecting documents
To register buildings on a garden plot, you must first confirm ownership of the land in SNT. Confirmation can be a purchase and sale agreement, a gift agreement, a certificate of ownership, etc.
It is also necessary to prepare a site plan. This can only be done by a cadastral engineer. The technical plan is usually provided on electronic media certified by the electronic signature of the engineer.
If a building needs to obtain a permit, then for this it is necessary to contact the local government authorities or legalize the construction through the court.
Step 2. Payment of state duty
Registration of buildings requires mandatory payment of a state fee. Its cost is established by the Tax Code in Art. 333.33 and equal to 350 rubles.
Step 3. Submission of documents
When all documents are ready, you can submit them in one of the following ways:
- Rosreestr;
- MFC;
- Rosreestr website;
- Government services.
Step 4. Obtaining an extract from the Unified State Register of Real Estate
After reviewing the application and documents, a decision is made to register the buildings. The applicant must receive a written response, after which he can receive an extract from the Unified State Register of Real Estate. This extract will be confirmation of the established ownership of the buildings.
This procedure is not free. In addition to the tax, you must pay for the services of a cadastral engineer. The cost varies in each region. On average, it is no more than 10,000 rubles.
Consequences of illegal development
What happens if you build a house without a building permit and relevant technical documentation is stated in Article 9.5 of the Code of Administrative Offenses of the Russian Federation. Of the most common consequences, the following should be mentioned:
- Fine 2-5 thousand rubles. for citizens;
- 30-50 thousand rubles. for officials;
- 20-50 thousand rubles. with an individual business entity;
- 500-1000 thousand rubles. from legal entities.
In the last two cases, it is possible to suspend the organization’s activities for up to 3 months (90 days).
In accordance with the Tax Code of the Russian Federation (Article 396), the following liability may arise for the use of unregistered real estate:
- if the structure has not been registered for less than 10 years from the date of taking ownership of the land plot, then tax is paid for 3 years and a fine of 20% of the accrued amount;
- if 10 years or more, the tax is paid for the entire period of use in double amount.
In accordance with the Civil Code of the Russian Federation (Article 222), if an object is recognized by the court as an unauthorized construction, it can be demolished at the expense of the owner.
IMPORTANT! If previously the decision to demolish unauthorized buildings was made infrequently, then starting in 2021, the demolition of illegally constructed real estate, especially commercial real estate, has become widespread.
Without a building permit, a house cannot be put into operation, that is, it is impossible to obtain property rights and register it with the cadastral register. Accordingly, the following actions cannot be performed with real estate:
- sell, bequeath, get a loan against it;
- connect to the main engineering networks: water supply, sewerage, gas supply, electricity;
- register at your place of residence and obtain a residence permit.
Obtaining an address and registration
Having registered a house on a garden plot, you need to assign an address to it. The initiator can be either the owner or the administration. To obtain an address, the owner needs to write a corresponding application to the local government authorities. The decision is then made by an authorized employee.
Procedure for assigning an address
Step 1. Collecting documents
To assign an address at the owner’s request, you must provide the following package of documents:
- statement;
- passport;
- title documents for the site and buildings.
Step 2. Contacting the administration
Having prepared all the documents, you can submit them to the administration on whose territory the site is located.
Step 3. Get a resolution
Within 3 weeks, the applicant receives a resolution to assign an address.
Step 4: Making Changes
Having received the resolution, it is necessary to make changes to the Unified State Register. To do this, you need to submit an application with a resolution through the MFC or directly to Rosreestr. And after a month you can receive a certificate for the house with the assigned address.
Did the administration refuse to assign an address? Write to us and highly qualified specialists will help you understand the validity of such a decision.
After assigning an address, you can register for a house on a garden plot. However, this requires compliance with the following conditions:
- The land plot must be owned.
- The building is a capital construction project.
- The house is registered in Rosreestr and has the status of an individual residential building.
Procedure for registering
Step 1: Resolution
To register in a house, you need to obtain a court opinion or permission from the administration.
Step 2. Contact the FMS
Having received permission, you can fill out the application form and submit the following package of documents to the Federal Migration Service:
- applicant's passport;
- documents for the plot and house;
- permission;
- home Book.
Step 3. Pick up documents
As a rule, registration is carried out within 3 days. After the decision is made, a mark (address stamp) will appear in the passport.
At what distance from the fence can you build a chicken coop?
In this regard, there are practically no discrepancies. If you are building a chicken coop or a miniature barnyard (rabbitry, goat shed), then the permissible minimum is 4 m. If you are starting a barn or pigsty for livestock in a village or private household plot, there are different removal standards.
Chicken coop in the village
Because there are much more troubles from cows, sheep, and pigs in the form of soil, air pollution and unpleasant odors. The neighbor's house must be at least 3 m away. So a 4-meter distance from the fence will save residents from any trouble caused by chickens or a goat.
Taxes on registered property
By law, property owners must pay an annual tax. However, if the garden house is located on the territory of SNT and its area does not exceed 50 square meters. meters, then it is not subject to tax. Also, outbuildings with a total area of more than 50 square meters are subject to taxation. m.
The amount of tax depends on the cadastral value of the property and the tax rate that is established in each region. However, it cannot exceed 2%.
Read: how to calculate the cadastral value.
Registration of buildings on garden land plots will significantly simplify transactions for the alienation of this property. To sell, donate or purchase land with a house and buildings, you must obtain an extract from the Unified State Register of Real Estate. And if the house has not been registered, then there will be no information about the property in the register. Also, if you do not carry out registration actions according to the simplified procedure in time, it will become more difficult in the future, and perhaps the Law on Dacha Amnesty will end in 2021 and will no longer be extended.
Is it possible to build two houses on one plot? Or will one have to be demolished?
Theoretically, it is possible to build two houses on one plot of land.
But only in compliance with the norms of land and town planning legislation, building codes and regulations, in particular, the area of the land plot should allow such construction. If “the land plot does not physically allow the construction of a second residential building on it, since the necessary setbacks from the boundaries and other norms and rules (for example, fire safety) are not observed,” then one of the houses will be recommended to be demolished. But you can try to recognize the right to a second home in court.”
