What you do and don't need to register on your garden plot

Legislation on how you can register a country house

Procedures for registering country houses in garden associations began in 2006. The regulatory document regulating this process is Federal Law No. 93. Conventionally, the process of registering a building on a suburban site is called “dacha amnesty.” The program is valid until 03/01/2020.

Registration of a house on a plot located in a garden community is carried out according to a simplified procedure. Any outbuildings and residential buildings can be quickly registered if the land plot is privatized. Since 2021, all objects in the country are registered without reference to land. The process is regulated in Federal Law No. 218.

The “dacha amnesty”, together with the new legislation, allows:

1. Collect a database of objects.
2. Eliminate the risk of fraud and forgery.
3. Registration of ownership rights only upon provision of originals confirming the right to use the property.

Summer residents who registered their garden houses before 2021 did so only by presenting a declaration.

When registering an object located on the territory of a dacha association, data about the house and other buildings is entered into the Cadastral Chamber and the unified register. Since 2021, the assignment of ownership rights is carried out only for land surveying.

Difficulties in registering old houses

State Duma deputies proposed extending the dacha amnesty (a simplified procedure for registering residential and dacha buildings) until March 1, 2022. Let's clarify: what are the main difficulties that may arise with old houses and buildings without the extension of the dacha amnesty?

Roman Larin:

First of all, these are violations of indentation. That is, houses were previously built without taking into account how close they were to the boundaries of the land plot. Quite often the porch of the house practically looks into the fence of the neighboring plot. Special conditions for the use of territories were also not observed, for example, there are residential buildings that fall within the area of ​​airports, power lines, and environmental zones. There are violations regarding the types of permitted use of land plots. In a number of cases, the parameters of the built houses exceed the norms established by the Town Planning Code: no more than 3 above-ground floors and no more than 20 meters in height. In all these cases, it will be impossible to register ownership of the house without extending the dacha amnesty.

What other buildings, besides houses and dachas, are subject to the dacha amnesty?

Roman Larin:

For example, garages, outbuildings with signs of capital construction, not intended for commercial activities.

There are many problems with old buildings and land in general. Thus, Mikhail from the Samara region did not find any title documents after the death of his parents. What should he do?

Roman Larin:

Now only through the court. First of all, we recommend submitting a request to the territorial archive and requesting a copy of the land title documents. You can also contact Rosreestr and request information from the State Data Fund. It is more convenient to submit requests through the MFC at the location of the object. The information received will serve as evidence when applying to court for recognition of the right to the plot.

How and why to register a garden house?

A dacha building requires registration, but does not require a mandatory land surveying procedure. Advantages of registering a garden house:

1. The ability to dispose of land and real estate - sell, inherit, make a deed of gift, re-register ownership, exchange.
2. Eliminating the risk of classifying a country house as an unauthorized construction.
3. Registration of country property as collateral in financial transactions.
4. No disputes with neighboring territories.
5. Possibility to insure real estate.
6. Registration at the dacha.

Summer residents do not seek to register buildings on the territory due to tax burden. There is no legal compulsion for the procedure.

Why can the land be taken away?

Can a plot of land be taken away if it is not used for a long time?

Nadezhda Leshchenko:

The Land Code contains a rule on the termination of the right to a land plot if it is granted the right of permanent (perpetual) use or lifelong inheritable possession, but is not used for three years.

What else can the land be confiscated for?

Roman Larin:

If the site is not used for its intended purpose. For example, a plot of land was allocated for farming, and a store was built there.

When do you need to register dacha buildings?

The procedure for registering ownership of a garden house is subject to buildings that meet the following factors:

1. Houses and buildings in territories with the land use status of “individual housing construction”.
2. Objects on plots intended for farming or farming.
3. Dacha buildings located in dacha communities and garden associations.

You can register ownership of a country house using a simplified procedure in areas that were privatized before 2001.

Which buildings should be decorated and which should not?

So is it necessary to register greenhouses or not?

Roman Larin:

Greenhouse to greenhouse - discord! Everything will depend on the purpose of the site. If the land is intended for vegetable gardening, then the construction of capital construction projects is not allowed on such plots. Accordingly, all outbuildings (sheds, bathhouses, greenhouses, sheds, cellars, wells and other structures) cannot be erected there as capital ones - on a solid foundation.

But garden plots can accommodate capital outbuildings that are firmly connected to the ground, that is, objects whose movement without disproportionate damage to their purpose is impossible. Rights to such objects are subject to registration.

Does a brick toilet standing on the property need to be registered?

Roman Larin:

Again, we start from what type of permitted use of the land plot. If this is gardening, then what kind of registration? The outbuilding will not be registered because it cannot be capital. If this is gardening, then the applicant himself must decide whether he needs it or not. And the object must have the sign of capital construction.

Why register as a property? These are extra taxes.

Roman Larin:

The procedure for registering property is of an application nature. We cannot oblige you to do this. But any property is a guarantee that no one will just take it away from you. Property is easier to rent out, sell, or inherit.

Step-by-step instruction

The universal algorithm for privatization and registration of a dacha building is as follows:

1. Order the services of specialists to carry out cadastral work from the technical inventory bureau.
2. Preparation of a technical plan in electronic form with a confirmed electronic signature of the performing engineer of the cadastral service.
3. Obtaining a passport after assessing the building.
4. Payment for registration services with transfer of funds to the state treasury. Details for the transfer are issued at the MFC or the Cadastral Chamber.
5. Submitting a package of documents to a branch of Rosreestr, on the public services portal or to the MFC.
6. Order from the Unified State Register of State Registers an extract of an approved sample confirming the registration of the object and the owner.

You can conveniently and quickly register garden houses by submitting collective applications and documents on behalf of the chairman of the dacha community.

Dacha tax

The construction of any object, including residential, implies the payment of taxes on it. But there are some nuances here too. For example, the territory of a dacha will not be subject to this tax if:

• the site is part of the SNT department;
• The area of ​​the object does not reach 50 sq. m.

In addition, there are entire categories of citizens who may not pay:

• WWII veterans;
• disabled people of groups 1-2 and people with disabilities of any degree since childhood;
• people who have the title of heroes of Russia.

All other citizens whose property is not included in the above list of exceptions will have to pay tax.

List of required documents

The procedure for registering ownership of a dacha building involves registration at the Cadastral Chamber and entering information into a unified register.

Package of required documents:

1. 1. Identity card.
2. 2. A document confirming the owner’s rights to the territory.
3. 3. Cadastral plan of the established form.
4. 4. Plan created by the cadastral service.
5. 5. Check and receipt confirming payment of the state fee.

All collected documents must be submitted to the Unified State Register of Real Estate, sent through the public services portal, or given to MFC specialists. Title papers must be obtained upon completion.

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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Registration deadlines

The regulatory document Federal Law No. 218 specifies the time frame during which the registration procedure for country houses is carried out. They amount to 10 days when registering and registering the owner’s rights.

Average statistical periods for the design of garden buildings:

• in the BTI authorities - up to 15 days;
• in the Unified State Register of Real Estate – up to 10 days;
• in architectural management – ​​up to 1 month.

As soon as the building is legally documented and a certificate of owner is issued, the house can be assigned an address.

How is registration of a dacha carried out?

You need to register your dacha plot according to a certain algorithm, which is provided for by law. As a rule, registration occurs according to the following order:

The procedure is not the longest, but it requires patience.

Can the owner insure an unregistered holiday home?

A number of insurance companies provide insurance services for garden buildings against fire, force majeure, theft, and vandalism. With the occurrence of an insured event, there is a high risk of not receiving compensation for losses from the insurer due to the lack of recording of the fact that the damaged structure is legally owned by the insured.

It is necessary to formalize the owner’s right to a dacha building in order to have legal protection of contractual relations and oblige the insurance company to fulfill the obligations specified in the contract.

Dacha amnesty

Another important point is the dacha amnesty. According to it, you can not immediately put the house into use if it has only recently been built. The so-called amnesty is valid until March next year. The building will be immediately registered only because the person is the owner of the land where it stands. Therefore, you will no longer need to request a bunch of paperwork from local authorities.

But keep in mind that the amnesty does not apply to all objects, but only to some:

• individual type buildings;
• utility and gardening buildings, garage, gazebo;
• small houses that are used as summer cottages (they are not permanently lived in);
• warehouse buildings.

That is, it is important that the construction is purposeful, and not built “out of boredom.”

Nuances of designing a country house

The procedure for registering a garden house and registering it differs from a similar event to fix the legal affiliation of the owner of a permanent residential building.

Differences in design depend on the degree of completion of the building, the type of construction, the presence of load-bearing walls, and the foundation. The legislation provides for the registration of buildings in different states. The list of documents and algorithm will differ.

Unfinished

Registration actions for registering a dacha building that is under construction include the following methods:

1. Registration of a documented permit for construction work and registration of the house upon completion of construction.
2. Registration of a dacha building after the design is recognized as a self-built building. This procedure requires you to pay a fine.
3. Submitting an application according to a simplified scheme - “dacha amnesty” by filling out a declaration.

For competent legal registration and entry into the register of a garden building, accurate descriptive data of the object is required.

How to convert an existing dacha into a residential building?

A garden house can be registered on a simplified basis using the standard algorithm - filing a declaration. If the cottage is used seasonally, the procedure will not cause difficulties.

When registering a country building with a change in the status of the building to the residential category, you will need to perform the following steps:

1. Call BTI specialists. Workers will inspect the house and document whether the building is permanent, whether it has a foundation, load-bearing walls, and heating.
2. The commission makes a decision after analyzing the condition of the dacha. The duration of the event is up to 1.5 months.
3. Drawing up an inspection report and issuing it to the applicant.

Based on the decision made, documents are submitted for registration.

Nuances of registering a residential building

To recognize a dacha building as a residential building, the building must meet the following requirements:

1. 1. Be suitable for living in winter.
2. 2. Have solid load-bearing walls and a foundation.
3. 3. Be equipped with heating, electrified, have sewerage or the prospect of supply from centralized networks.
4. 4. The site must be located on lands intended for individual construction.
5. 5. Comply with safety requirements, building regulations, and rules.

A commission assembled from employees of the technical inventory bureau is called in for analysis. Specialists will inspect all segments, draw up a report, and make a decision on the possibility of assigning the status of a residential building to the garden building.

The existing buildings on the dacha plot should be registered and the owner's rights to them should be registered. Legal registration will protect buildings from demolition, provide the opportunity to dispose of real estate, and conclude an insurance contract. The “Dacha Amnesty” allows you to carry out registration procedures in a simplified manner until 2020.

What the law says

Previously, it was necessary to obtain a construction permit before building on individual housing construction lands; at the moment, such a permit is not required; such work can be carried out by notification. This means the procedure for registering houses will change. If construction of a house began before the required permits were cancelled, the procedure will follow the previously valid standard.

Risks when buying and selling unregistered real estate

When purchasing a plot with an unregistered house, the following problems may arise:

• the owner may refuse to sell the plot if he demands that all documents for the house be completed;
• lack of transparency in the execution of the transaction;
• there is no guarantee that the house was built in accordance with urban planning standards;
• Friction is possible with neighbors who, being aware of all the features of the site, may file a complaint about the presence of an unregistered object.

The new owner will not have any other problems. However, to avoid any questions, it makes sense to draw up documents for the building as soon as possible.

Design features

The registration authority has the right to reject the application of the house owner to SNT for the following reasons:

• errors or corrections in documents;
• an incomplete package was provided;
• the house is rented or given for free use;
• the building is recognized as a cultural monument;
• the building is located in a park or conservation area.

A month is given to correct shortcomings in the documents. Once ownership is obtained, the property is assigned an address. To do this, the owner contacts the administration with a corresponding application and an extract from the Unified State Register.

Unfinished building

Construction can be continued only with appropriate permission from the administration. Upon completion of the work, you need to order a technical plan and submit it to the municipality along with a notification about the construction of the facility.

IMPORTANT! If a permanent building is completed without permission and is registered as a self-construction, the owner pays a fine of 2,000 rubles.

Country house

To register such an object, the owner must provide the necessary documents and a technical plan of the house. To register there, the status of the building must be changed.