Registration of a country house on a garden plot: is it necessary from a legal point of view? How to register a house: step by step instructions and pitfalls

According to the legislation of the Russian Federation, registration country house ownership is not mandatory. However, the out-of-town real estate that has not been properly registered is formally in the hands of the state. That's why country buildings needs to be legalized as a matter of urgency.

legal information

Effective January 1, 2017 new law on state registration of real estate. On its basis, the procedure for registration of ownership has changed country houses.

Since 2018, a single state will be formed. real estate register. This will entail the complication of the procedure for registering property rights.

To obtain a certificate, you will need an extract from the USRN. The new state body will unite 2 instances: the state real estate cadastre and the state. rights register.

At the moment, for the privatization procedure, it is required to provide technical plan(previously it was enough to declare). There is no need to invite cadastral engineers - just contact RosReestr or the MFC, submitting the necessary documents.

List of required documents

In order to register a summer cottage, you will need to provide RosReestr (or any MFC) with documents confirming ownership:

1. A completed application form.
2. Receipt of payment of the state duty (details can be issued at the information stand of the organization, or on the official website of RosReestr).
3. A document that defines the boundaries of the land on which the house is located.
4. Applicant's passport.
5. All necessary cadastral documents for land and house (and other buildings, if required by law).
6. Certificate of ownership of the dacha.

The representative of the owner can collect documents if you issue a notarized power of attorney for him.

If the type of house does not require a building permit (it is better to check with the cadastral engineer), then you will need to provide a declaration and a document that confirms one of the facts:

• land in the property;
• the allotment was received for perpetual use;
• The plot was given for lifetime possession (donation agreement).

Obtaining title documents

If there are no title documents (lost or not started at all), then you need to contact the local government (mayor's office, village administration, etc.). An application is submitted there with a request to issue the specified land plot (with buildings) into legal ownership. In most cases, applications are processed within 2 weeks.

If the answer is positive, the person is issued a certificate stating that the allotment has been transferred for unlimited use. With this document, a further procedure for registration of ownership will be carried out. The local administration must provide the full address of the land. To get accurate information, you need to contact the chairman of the dacha partnership (association).

They may try to force the new owner to pay arrears on contributions from the previous owners. This is contrary to the Länder law, which states that the payment of fees must be made only from the moment the registration is completed.

To draw up the document, the board gathers, during which the exact location of the land plot is specified, and that it is officially assigned to a citizen.

Registration is possible on the basis of a gardening book (received upon purchase). As a result, the chairman issues a document (mandatory with a seal), which states that the applicant is a member of the partnership and uses the site without violating the laws of the Russian Federation or the regulations of the charter (if we are talking about SNT).

Step-by-step design instructions

The first step is to visit the Bureau of Technical Inventory. It provides services for the design of various technical documentation for buildings of all types.

Owners of country houses are required to put their real estate on the cadastral register. A simplified inventory system operates for them, which requires only filling out a declaration indicating all the characteristics of the building.

The second step is to contact RosReestr with a prepared list of documents. You can also contact the MFC, its employees will send all the necessary papers to government agencies.

If one of the owners is an incompetent (or minor) person, a power of attorney and permission from the guardianship authorities will be required to represent his interests.

After acceptance of the package of documents (and its reconciliation), the registrar will issue a receipt of receipt and inform the date of issue. If, when filling out the application, the number was indicated mobile phone, an SMS notification will be sent to it.

Deadline for registration of ownership country house is 20 business days. Delays may occur if the state authorities failed to confirm any information (incorrect address, site boundaries, etc.).

All documents can be sent to RosReestr by mail, eliminating the need to visit government agencies. In this case, each page must be notarized.

Also, the sender must be sure that all forms are filled out correctly, since if errors are made, the registration process will be delayed (the decision of the state body indicating errors will take 3 months). That's why similar option allowed only with the participation of a specialist.

On the video about the registration of the cottage in the property

Conclusion

Until January 1, 2018, there is a simplified system (with minor adjustments) for registering country houses as property. In the future, the process will be complicated by the need to obtain a building permit (for any buildings), and this often causes a number of difficulties. Therefore, it is optimal to start the process of registration in the current year.

You can actually own a dwelling, but documented have nothing to do with it. However, this is a very important issue that will have to be addressed, no matter how much you put it off. Read the article for step-by-step instructions on how to register a house on suburban area in 2018-2019, with explanations and features.

Many Russians have suburban land. Dacha is a common practice in our country, but not everyone has official country houses. Most often, this becomes a necessity when making any transaction in relation to land and buildings on it.

The process of registering ownership of land plots and country houses changed in 2017. If earlier it was possible to register only on the basis of a declaration of a real estate object, now the list has been significantly expanded. For example, it is necessary to provide a technical plan prepared by a cadastral engineer.

Dear readers! We talk about standard methods for solving legal problems, but your case may be special. We will help find a solution to your problem for free- just call our legal adviser by phone:

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Needless to say, the process has been simplified. If earlier the owner could pay the state duty and fill out a declaration, now you need to additionally contact the cadastral engineer. Of course, the service is paid.

It is necessary to distinguish between garden and suburban areas. On the garden plot construction of buildings is allowed, but it is impossible to register there. First of all, the permitted use of such land implies the cultivation of crops. If within three years the owner does not use such a site for its intended purpose, it may be withdrawn.

At the summer cottage, not only the construction of a residential building is allowed, but also the receipt of a postal address on it. At the same time, the owner can do anything on the land - no one obliges him to grow anything.

What does the law say?

At the legislative level, registration of a house in a summer cottage is not at all mandatory. However, if Vacation home – permanent place residence without registration is indispensable. Another case when this is necessary is the transfer of rights to a house and a plot.

You will not be able to sell, donate or in any other way transfer to another person a plot with an unregistered building. It is impossible even to issue an inheritance.

Since January 2017, Federal Law No. 218 “On State Registration of Real Estate” has come into force. This normative act contains information on the amended procedure for permanent buildings on agricultural plots.

Why were adjustments needed? The fact is that earlier registration was allowed on the basis of a single declaration. In this document, you could specify any data about real estate at your discretion. Unscrupulous citizens registered in the declaration a smaller area of ​​the object in order to reduce the tax burden.

The introduced adjustments have eliminated this shortcoming. Now it is necessary to draw up a technical plan, where all the values ​​\u200b\u200bare entered by the cadastral engineer. In addition, a building permit may be required for the design of a residential building.

How to register a house on a land plot?

First of all, it should be said that you can decorate a house only on own land. If you have not yet registered the title to the land, now is the time to address this issue.

The bulk land plots in our country belongs to the state. Citizens often own allotments on the basis of lease, gratuitous use and inherited possession. To register, you must contact the MFC. A visit to the local administration may be required.

Only after the issue with the site is settled, you can start decorating the house. This procedure involves the preparation of technical documentation in the BTI.

Let's talk about the process in more detail.

The documents

To register a residential building, you will need the following papers:

• a general passport and a statement from the owner of the site;
• for a plot - a contract of sale, a deed of gift, a certificate of privatization, a certificate of entry into inheritance rights, etc.;
• technical documentation - plan, passport;
• receipt of payment of the state fee in the amount of 2000 rubles;
• building permit;
• the act of putting the house into operation.

This list may be supplemented. It is necessary to clarify the list of documents at the place of registration.

Where to go

Registration of ownership is carried out in the territorial office of Rosreestr or in the MFC. Here you need to apply with a prepared package of documents.

Technical documentation is drawn up in the BTI. A cadastral engineer for preparing a site plan can be found in Rosreestr.

Documents can be submitted in one of four ways:

1. Personally, by contacting the MFC or Rosreestr at the location of the property.
2. Through a representative acting on the basis of a notarized power of attorney.
3. By postal mail. You will need to send documents by registered mail with a declared value and a list of attachments.
4. Submission of an application on the official website of Rosreestr.

The latter method will not save you from visiting the institution. After considering the application, you will need to visit the Rosreestr or the MFC and bring the original documents.

Step-by-step instruction

In general, the registration process is not overly difficult task. The algorithm of actions will look like this:

1. Obtaining confirmation of the ownership of the land, if this has not been done before. For registration, you must contact the SNT (if the plot is garden), then to the local administration, and then to Rosreestr or the MFC.
2. Registration of cadastral and technical documentation. To do this, you need to contact the cadastral engineer and the BTI.
3. State registration of property rights. All documents are submitted to Rosreestr or the MFC, and a state duty of 2,000 rubles is paid.

Be careful when contacting a cadastral engineer. The entire list of specialists entitled to conduct such activities is indicated on the Rosreestr website.

Documents are transferred to an employee of the MFC or Rosreestr. The specialist checks their correctness and issues a receipt that the documents have been accepted. On the specified date, the applicant must re-appear at the institution and receive ready-made papers.

What is a "dacha amnesty"?

Speaking of ", the provisions of the Federal Law No. 93 of June 30, 2006 are implied. In accordance with this normative act, a simplified procedure for registering ownership of land and building on it is applied.

The law has been extended until March 31, 2020. It is possible that the free will be extended to a later period in the future.

The essence of the so-called dacha amnesty in that for the registration of the site and buildings in the property it is not required to present a building permit and an act to put the house into operation. All this significantly reduces the time for registration.

To obtain confirmation of the existence of property rights, it will be necessary to provide title documents for the site and a technical plan to Rosreestr or the MFC. The registration process will take 5-7 business days.

Not everyone can arrange a house in a summer cottage under a summer cottage amnesty. The following citizens have this right:

• having the right of lifetime inheritable possession;
• owning an allotment that is intended for horticultural purposes;
• having a plot that has the status of a summer cottage;
• owning the territory on the right of perpetual use.

It is carried out free of charge. If you wait until the end of the simplified program, registration will become problematic.

Seek legal advice if you experience any difficulties. You can get free legal assistance on our website. Ask an expert in a special window.

Now you know how to register a house on a summer cottage in 2018-2019. The step-by-step instructions presented in the article will help you in this matter. If you don't have time to practice paperwork, give authority to register the land and the house to a lawyer.

How much does it cost to design a country house on a land plot? How to issue a private house to the property? Where to order services for registration of a house in SNT in the property?

Good afternoon, dear readers of the HeatherBober magazine. With you Valery Chemakin - legal consultant.

you decide to build country cottage or a cottage on your own land, but do not know where to start and how to register the house as a property? No problem. If you familiarize yourself with the rules for registering ownership of a country house in advance, then everything will go smoothly.

After reading the material to the end, you will understand well how this is done. At the end of the article, I will give an overview of 3 companies that provide services for registering a country house as a property.

1. Why register a house as a property and when is it necessary?

If you have a plot of land, and you decide to build a structure on it, then do not rush to do it. First, get acquainted with the legal side of this issue.

The fact is that a lot depends on the category of land on which you are going to build. If this is a garden plot, then a building permit is not required for the construction of an object on it. Registration of a house on a garden plot as a property is also not necessary, although it is desirable.

When building real estate on a land plot intended for individual construction, you will first need to obtain permission to do so from the local authorities. It is the responsibility of the developer to register the constructed residential building as a property.

Legally, the building does not exist if it is not included in the unified state register of real estate (EGRN). Therefore, you cannot sell such a house, exchange it, donate it, leave it as a legacy to your children. Rosreestr is the state body that administers the USRN. That is where you should go for.

Example

One of my acquaintances "inherited" a house in the country. His deceased grandfather lived there all his adult life, but never registered the land and buildings as property. The house was not very big, and even old.

However, there were people who wanted to buy it. However, the acquaintance could not conclude a sale and purchase deal with them, since he did not have any documents for the building.

As a result, I had to start everything from scratch: look for witnesses, raise house books, archival data. Only this allowed to legalize the site and the house. As a result, the proceeds from the sale were barely enough to cover expenses.

I will add that it is also necessary to re-register the property when building an extension to a private house and in case of its reconstruction. In addition, not only new houses are subject to registration, but also purchased old real estate.

2. How much does it cost to register a house as a property

It is rather difficult to answer this question unambiguously. The fact is that the cost of registration of a new house in the property depends on many factors. This is not only a state duty, but also related costs for various legally significant actions.

Factors affecting the design of a newly built house in the property:

• category of land;
• the presence or absence of the need for work on the part of the BTI;
• whether or not the land is properly registered.

Now I will explain in more detail how these factors affect the cost. Since when building a dacha on the territory of a garden society, measurements are not required, a technical passport is not needed, a cadastral plan for the building is not needed, then you do not need to spend money on BTI services. The state duty for registering a country house as a property is much less than for registering a full-fledged housing.

If it was not carried out before the start of construction (read about the procedure for this procedure in our separate article), then you will have to spend money on this as well. Calling cadastral engineers for land surveying will be quite expensive.

3. How to register a house as a property - 5 easy steps

The procedure for registering a house as a property depends on its type. It is much easier to register a dacha than a full-fledged country house. Next, we will analyze the various cases in more detail and step by step.

The information will be especially relevant for those who wish to independently take ownership of the house, for example, through the Multifunctional Center (MFC), whose specialists help to carry out any.

Step 1. We collect documents

Today, many people prefer to build residential buildings for year-round living in summer cottages, not only because it is cheap, but also because it is much easier to register such a house as a property.

Much fewer documents are required, and no approvals from the authorities in the municipality are needed. This is especially true for those who draw up ownership of a house under a dacha amnesty.

Documents for registration of a summer residence:

• the passport;
• receipt or check for payment of state duty;
• documents for the site;
• a special declaration for the simplified registration of a country house as a property.

Reclaiming other documents during and registration actions is possible only if there is any doubt about the legal cleanliness of the registrar's house.

Documents for registration of a residential building in the property:

• a contract of sale or other document confirming the transfer of ownership to you;
• building permit;
• technical passport for the house;
• cadastral passport for the site and all buildings;
• own passport;
• available administrative documents of local self-government bodies for the lease of a land plot;
• documents confirming the ownership of land;
• check or receipt for payment of state duty.

Please note that if your land plot was not registered with Rosreestr before the construction of the house, then it will be registered along with the house. In this case, the documents will need to be collected for him. If the object was purchased, then you will also need a previously issued certificate of ownership of the former owner's house.

Step 2. We contact the state registration service at the place of residence

After you collect all the documents, you need to go to Rosreestr or the MFC. These are the institutions in which, according to the law, you can submit documents for registration of real estate.

Which one you prefer is up to you. However, I will say that contacts with the MFC are more comfortable, since these centers have all the conditions for the quality provision of public services.

Please note that before visiting these institutions, in some cases it is necessary to contact a notary:

• when registering the ownership of a house inherited;
• if you are registering a house that was previously in shared ownership.

In these cases, a contract certified by a notary or a certificate of inheritance must be attached to the package of documents.

Step 3. We pay the state duty

Paying the state duty is a simple matter. We deposit the required amount at the cash desk of any bank using the available details or independently at self-service terminals.

By the way, there is always such a terminal in the premises of the MFC, and the employee will help anyone who does not know how to deal with this technique. We attach a copy of the receipt or check to the package of documents, and not the original.

Step 4. We receive a receipt for the acceptance of documents

Which body you did not apply to, after receiving and checking the entire package of documents, a receipt will be issued indicating the date the result was received. In addition, you will find the application number on it. It is needed to check the current status of the execution of your request on the Rosreestr or MFC website.

I will answer right away that the terms for registering a house as a property depend on where you submitted the documents. At the MFC you will have to wait 2 days longer. The terms also depend on the way the contract of sale is concluded. If you did it with a notary, then after submitting the documents to Rosreestr, you will receive the result in 3 days. In general, it will take 7 days, and in the MFC - 9 days.

Step 5. We receive a certificate of registration

The new law, which came into effect in January 2017, completely abolished certificates of ownership. Now they are really not needed. The fact is that all real estate is registered in the USRN. Anyone who wants to get information because of this registry. Therefore, the need for multi-colored pieces of paper that are expensive for the budget has completely disappeared.

Today - this is a change in information about the owner in the USRN or the introduction of information about a new object in the case of registration of a newly built or unfinished house in the property. Therefore, only an extract from the USRN with your last name will be given to you.

4. Assistance in home ownership - an overview of the TOP-3 companies providing services

If you don't want to walk on government agencies, collect documents, tinker with land surveying and cadastral registration, use the help of commercial organizations.

Today, finding a company that provides such services is not so difficult. The only thing that is required is to write a power of attorney to register the house as a property with a notary for a representative of such an organization. I offer you an overview of 3 companies that, in my opinion, have good experience in such matters.

1) Lawyer

Suppose that you are ready to submit documents to Rosreestr on your own, but do not know how to do this and what documents are needed in your particular case. I recommend that you contact Lawyer. This firm provides consulting legal services online and even by phone.

You don't even have to go anywhere. It is enough to visit the site of the same name, write down your problem with details in the feedback form and wait for an answer. If you pay a small amount, about 700 - 800 rubles, then you will be provided with a detailed answer with step-by-step instructions. General information is provided free of charge.

This will help you independently perform all the necessary actions without spending money on services. Read about it in our feature article.

The resource specialists are aware of all changes in the rules for registering a house as a property, so they will give you the most up-to-date information. If necessary, through the same form, you can hire a lawyer to collect documents and other actions in your city.

2) Vita House

This company deals with legal issues in the field of private housing construction. It employs not only lawyers, but also specialists in the field of cadastre, geodesy, and cartography. All of them in the complex are ready to provide services for registration of the house and land in the property of the client.

The cost of services for the preparation of all documentation is 33,500 rubles. If we add to this the registration of ownership, the amount will increase to 40,350 rubles. Agree, this is not so much, especially in the absence of documents for the land and the house.

Company Services:

In addition, the company's specialists will help legalize construction projects under the dacha amnesty, which is valid until March 1, 2018, and will provide a service for. Read about it in our special article.

3) Moszemkom

The cost of decorating a house in this company starts from 20 thousand rubles, which is much lower than that of competitors. At the same time, the range of services is quite wide. When you apply, you will receive an initial consultation with an expert in the field of housing law, with whom you will discuss all the nuances. He will tell you the final cost of the service.

After that, you can conclude an agreement and prepare a notarized power of attorney for one of the company's lawyers. Experts will do everything necessary work both legal and purely technical. The result of the service will be that you receive an extract from the USRN, in which you will find your last name in the "owner" column.

Here I propose to watch a video about a real case of home design with the words ordinary person.

5. How to speed up the registration of a private house in the property - 3 useful tips

The current legislation has already established a very short time registration of real estate objects. However, in order not to delay this matter yourself, you need to follow some rules. First, decide if you are entitled to any indulgence.

Today, for some categories of citizens, there are programs under which houses are registered in ownership on preferential terms. To find out about them, contact the property department in your municipal structures. Specialists dealing with this issue will help you quickly and easily complete all the documents.

Tip 1. Use the services of intermediary companies

Significantly speed up the process of collecting documents your appeal to the company that provides intermediary services when registering property.

Having rich experience in this matter, specialists will carry out the entire procedure much faster than you yourself. Contacting a law firm guarantees that you will not be refused registration, as all documents will be checked, and in case of inconsistency, corrected.

Tip 2: Apply for a license online

A great opportunity to save time is to submit documents for registration through the website of the State Services. To do this, you need to register on it and pass authorization in one of the certification centers. Documents received through the State Services portal are processed in Rosreestr in the first place.

Is it necessary to register a country house in SNT if the land is owned? Many land owners carry out illegal construction, not intending to register real estate for themselves. But such actions risk leading to the fact that a person cannot fully dispose of his property.

Even if a citizen who wants to build a house on the site has registered ownership of it, it does not apply to the building. All owners are required to register the houses in the property. Otherwise, the building will be considered as a "squatter", which means that government agencies have the right to demand its demolition.

In order for citizens to be able to carry out the procedure without problems, the government has simplified it. This is a "dacha amnesty", with the help of which the owner of the site can formalize his rights. Under the provisions of law No. 93, adopted since 2006, land plots for gardening (horticulture) and individual construction fall.

The validity of the regulation is being extended all the time. On the this moment It is possible to register a cottage as a property under a simplified procedure until March 2019. And in 2019, additional changes came into force, which primarily relate to the documents required for registration.

Citizens who:

• are the owners of land plots;
• use the land on the basis of the right of perpetual use;
• have title documents, but without registration of ownership.

Phys. persons often face the problem of lack of title papers, which does not allow them to register a plot for themselves. Especially often this situation arises when the land was granted to a citizen in the 90s. Many difficulties are connected with the re-registration.

But if the document was received after 1998, then it is valid today. For example, an extract from the BTI can be such a title document. If he is not there, but the citizen has the right to the site, he can contact the local administration and get the appropriate extract. When the land is owned by the state, it remains only to buy it.

The documents

Before you arrange a house, you should take care of the availability of the necessary papers. A simplified registration procedure allows you to get by with a minimum package of documents. But there are certificates that the owner must have.

Read also Algorithm for creating and registering SNT

Until 2019, the declaration was the main document. It contains all the information about the building that is required for registration. Now, instead of it, the applicant is obliged to provide a technical plan drawn up by BTI employees or private cadastral engineers.

Reference: in some regions, in addition to those. plan requires a declaration.

To design a house in the country, a citizen must have:

• passport;
• technical plan (declaration);
• title papers for the site;
• a certificate confirming the payment of the state duty;
• statement.

When there is a need to draw up a declaration, then this should be done in the first place. The form of the document is easy to obtain at the technical bureau. inventory, but you need to fill it out yourself. The following information is indicated:

• cadastral number of the allotment;
• address;
• type of erected building (residential, non-residential, etc.).
• information about the owner of the land;
• house area.

The declaration is drawn up in several copies, and all of them are signed by the applicant. If the physical If a person has already registered the right of ownership of the land, the procedure is greatly simplified. The main thing is that there are no problems with the boundaries of the allotment. Documents are submitted personally to Rosreestr, through the MFC or a representative. For an outsider, the owner must issue a power of attorney.

technical plan

This document includes basic information about the property that the owner is going to privatize (area, number of floors, date of construction, material). For registration, you can contact the BTI or private organizations. The main thing is that physical person had one of the following documents:

• permission to operate the building;
• registration certificate;
• cottage project.

For the preparation of The plan is given no more than 10 days. This service is paid. The price for cadastral works and document preparation starts from 7 thousand rubles and depends on the area of ​​the measured object.

Registration features

In order to issue a cottage as a property quickly and without problems, the owner of the site should take into account a number of nuances.

1. You can use the simplified procedure only if the land was received by the person no later than October 2001.
2. It is impossible to obtain ownership of land (and a house) that has been withdrawn from circulation.
3. Problems during registration are most often associated with the fact that the boundaries of the site do not correspond to the information specified in the documents.

The advantage of this procedure lies not only in the simplicity of its implementation, but also in the unlimited number of privatized sites.

Read also The procedure for registration of land ownership common use in SNT

Benefits of the procedure

Some citizens do not use the "cottage amnesty", preferring to build illegal real estate. But registration of ownership on the basis of a simplified procedure has advantages.

1. You can simultaneously register in the property and the cottage, the site.
2. Registration can be carried out after the completion of construction, which allows you to legalize unauthorized buildings.
3. Low cost of the procedure.
4. The citizen will manage not only the land, but also the house (alienation of one piece of real estate is illegal).
5. After registration of ownership, the value of real estate increases.
6. Really get a residence permit (if the country house has received the status of a dwelling).
7. The house can be insured, bailed out, etc.

Difficulties with registration arise only when a person has problems with confirming the ownership of the site. But if it was issued in advance, then the owner will easily legitimize the property erected without permission.

After a citizen has registered the building as a property, he can go through the procedure for recognizing it as suitable for living. This will allow registration and provide other opportunities for operation. To do this, apply to the municipality and wait for the appointment of a special commission.

The commission consists of representatives of local authorities, an employee of the housing inspectorate, specialists in fire safety etc. Based on the application of the owner, an inspection is carried out.

The residential building must meet these criteria.

1. Serviceable structures (enclosing and load-bearing).
2. Absence of materials and substances used in construction that can harm others.
3. Availability of the necessary engineering structures, their possible movement.
4. Compliance with sanitary and technical standards during construction.

These are the main factors influencing whether a house is considered residential. After checking and studying the documentation, the commission must make a decision. The law gives specialists 1 month for this, after which they provide an inspection report.

After the dacha is given the status of a dwelling, the owner can obtain an address and register. First you need to apply to the municipality with a statement. After assigning an address to a real estate object, a citizen must apply to the employees of the passport office (migration service) with a passport and title papers. Not later than in 10 days it will be registered at the specified address.