How to convert a garden house into a residential one
It is necessary to submit an application to the local government authorities, to which a conclusion on the inspection of the house must be attached.
The conclusion is prepared by a legal entity or individual entrepreneur who is a member of a self-regulatory organization for engineering surveys. For example, BTI enterprises throughout the country.
What should be in the conclusion? It describes the site and the house itself, which must meet the basic requirements for a residential building. The decision to recognize a house as residential is made by the local administration, which has jurisdiction over the territory of the gardening or dacha community.
Why translation is needed
Transferring your home from residential to non-residential and vice versa may become necessary for many reasons.
Most often, businessmen convert purchased apartments into shops, pharmacies, restaurants and cafes, and offices.
The status of residential premises is needed because only in it you can register and live too.
If you decide to convert your property to non-residential use, consider whether this process can be avoided.
According to the Housing Code, Article 17, it is possible to engage in commercial activities in a residential area in some cases, under which the following conditions are met:
- Your house and apartment neighbors will not suffer from your activities;
- The house in which your home is located does not belong to a dilapidated building;
- A potential entrepreneur is registered in the area where he plans to do business.
However, in most cases they still prefer to change the status of housing, and this has its advantages.
The main benefit of the owner who transfers his apartment to non-residential stock is that it becomes more expensive by about 20% when sold.
But here you may encounter another difficulty: will you be able to sell your non-residential property later? How interested will an entrepreneur be in this? So, before you run for profit, you need to calculate all the risks.
The downside for you here will be the wasted time on paperwork and searching for buyers.
While the property is idle waiting for a buyer, you will have to pay utility bills, which are approximately twice as high for non-residential premises . You will also have to pay property tax , namely 2.2% of the residual value of the premises every year.
That is why the translation is carried out by the entrepreneurs themselves who bought housing.
What is the difference between a garden house and a residential one?
A garden house is essentially a non-permanent building intended for temporary residence. Now, as Bednyagin explained, in the Unified State Register of Real Estate, garden houses are designated as “a residential building with a non-residential purpose.” But soon all of them will automatically be renamed “garden houses”.
Dachas higher than three floors cannot be built, but underground floors can be built
A residential building is a separate building that has three above-ground floors. Its height can be no more than 20 meters. A residential building must consist of rooms and auxiliary premises and cannot be divided into separate apartments. The enclosing structures of the house must have heat-insulating properties that allow living in it all year round. In other words, the walls should not be made of plywood or cardboard, but, for example, logs or bricks. The house must be equipped with engineering systems. This includes water supply, sewerage, electricity, heating. Also, a residential building must meet the requirements of insolation and ventilation, that is, the people living in it must be warm, light and comfortable.
What are residential and non-residential premises
Real estate is usually divided into residential and non-residential. The first includes premises where people legally live: apartment buildings, dormitories, private houses. The housing stock also includes hotels.
Non-residential property is most often used for commercial or public purposes.
The need to transfer housing from one fund to another arises for many: for entrepreneurs who bought housing in a house for a store or for conversion into an office.
If such a need arises before you, there is no need to get lost. There is a possibility of transferring the apartment to another fund.
Do not build higher than three
Bednyagin drew attention to the fact that when building new country houses (whether buildings in holiday villages or on lands allocated for individual housing construction), it will no longer be possible to build a dacha of 4-5 or more floors.
Bednyagin clarifies that many people mistakenly think that if the Town Planning Code now specifies the maximum height of a residential building at 20 meters, then it is possible to build at least 6 or 7 floors (at the rate of three meters for each floor). “The height of a floor can be five to six meters, but the above-ground floors themselves cannot be more than three. At the same time, the developer can lay several more floors underground,” he clarifies.
We are talking only about real estate under construction and planned for construction. If the house is already standing and registered as a property, no one will force you to demolish the extra floors.
A residential building must consist of rooms and auxiliary premises and cannot be divided into separate apartments. Photo: Sergey Mikheev/RG
“Dacha amnesty” no longer works
Now owners must order the preparation of a technical plan from cadastral engineers. Decorating a house is not only more expensive, and instead of 350 rubles, the owners will have to pay six to seven thousand rubles.
Read more: Personal accounts for payment of housing and communal services
Most importantly, to register a residential building on dacha land you now need a building permit. The owners of dacha land do not have it.
“The difference between these two concepts - a residential building and a residential building - is small; no one will prohibit you from registering in a residential building if the site has the appropriate purpose.” The status of a residential building depends on the site on which it is located.
Do it before March 1st
A simplified procedure for registering rights to residential and garden houses is valid only until March 1. It is enough to fill out a declaration for the built house and contact a cadastral engineer who will prepare a technical plan. And submit documents for registration through the public services center.
This procedure is especially relevant for people who have already completed the construction of their home. This will make their life much easier. And those summer residents who have begun construction of a residential building, but do not have time to complete it before March 1, can submit a notification to the local government about the start of construction. From March 1, notification will become mandatory for real estate that is being built on lands for individual housing construction and on SNT lands.
60 million summer residents live in Russia today, according to estimates by the Union of Gardeners
What does the notice include? In this document, the applicant himself describes the building area, the planned height of the house, and the number of floors. And makes a graphic description of the location of the house on the land plot. The local administration reviews the notification for compliance of these parameters with urban planning regulations.
The notification nature of the document suggests that you don’t have to wait for a summary from local officials. But still, it is better to wait for an answer, so as not to redo what has been built. After all, it will be possible to register real estate after another notification, which, together with the technical plan, the developer submits to the same administration after completion of construction. And it is the administration that will send documents to Rosreestr for cadastral registration and registration of property rights.
— There may be such a situation: you started to build a house, but in the process you decided to change the original plan. For example, at first they wanted two floors, but then they decided that three would be better. What is needed for this? Notify the administration, and there will be no problems with subsequent registration,” explains Bednyagin.
Where to go for translation
Today, the procedure for submitting documents in many regions has been simplified thanks to Multifunctional Centers that operate on a one-stop-shop principle. In one place you can submit all documents, in some cases, order certificates and receive the corresponding document after all procedures are completed.
You will need with you:
- Application for transfer;
- Documents that confirm your right of ownership;
- Documents from the BTI: technical plan, technical passport, floor plan of the house;
- If, when changing the status, some kind of redevelopment is necessary, you are also required to provide a design for it.
You must find out whether you can transfer your premises to another fund or not within 45 days. This is how long it takes to review the application and check the documents provided.
Once the decision is made, the authorized bodies have three days to notify you of their consent or refusal. The relevant paper can be sent by mail or sent to the Multifunctional Center.
A notification can also be sent to your email.
What happens if notification is not given?
— If you built a house and did not take advantage of the simplified procedure for registering residential and garden real estate, or sent a notification, then in fact you created an unauthorized building. This means that the court may oblige you to demolish it or bring it into compliance with urban planning requirements. The demolition of such a building or bringing it into compliance is done at the expense of the owner of the land plot, emphasized Alexander Bednyagin.
He advises especially taking these points into account when buying a house or cottage. You only need to purchase real estate that is registered.
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How to register at the dacha
There are several main criteria for registration in residential buildings located on the lands of gardening or dacha cooperatives, explains Fyodor Mezentsev, executive director of the Union of Summer Residents of the Moscow Region. The site must be intended for gardening, dacha farming, be located within the boundaries of a populated area, the house must comply with urban planning standards, be recognized as residential, and have a postal address.
Alexander Bednyagin: Demolition of unauthorized construction is carried out at the expense of the owner of the land plot. Photo: Igor Kurashov
A residential building is a residential building or non-residential building
Care will help you avoid problems with registration, because people often want to buy an inexpensive country house in the Moscow region just for registration. The organization determining the purpose is BTI.
She indicates this in the description of the plan.
Employees are guided by legal norms that determine the difference between a country house and a residential one: Type of construction Country house Residential house Purpose of land Agricultural, lands of populated areas Lands of populated areas Construction of the building Lightweight Capital Availability of communications Partially Electricity, water, if available - gas, sewerage Can be a residential house in a country house area to be determined as such. To do this, follow what is written in the technical passport of the BTI.
In the “purpose” column there should be “residential”. According to the terminology of the said order:
“A house is a building intended for permanent residence or temporary residence of people, depending on the functional purpose and for performing various types of production processes”
