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How to register a private house as a property built on your own land. How is the registration of a country house: procedure, documents and whether it is necessary to do it

Despite the fact that the registration of a country house continues to be carried out according to a simplified scheme, many citizens are still in no hurry to formalize their rights. Meanwhile, the period that the state gave to carry out this procedure is limited. And although the deadlines have been repeatedly extended, there is a risk of not having time to complete all the formalities before they are completed. In the presented article, the procedure for registering a country house and the features of the procedure will be considered.

Legislation on how to arrange a house in the country

The right to register such real estate objects has been granted to citizens since 2006. It was then, on June 30, that Federal Law No. 93 was adopted, which is known among the people as "dacha amnesty". This program was supposed to run until 2015, but was extended until March 2018.

This program makes it possible to register real estate in ownership according to a simplified scheme, provided that the object is located on the privatized land of the owner. Such a right extends not only to the house, but also to such outbuildings as a bathhouse, a garage, etc.

However, in 2017, the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, which had been under development for several years, came into force. As a result of its adoption, country houses, like other types of real estate, completely lost their territorial attachment. Such innovations have both pluses and minuses.

The benefits include:

introduction of a basic registration system, as a result of which the risk of fraud and forgery is reduced to zero;
the possibility of obtaining registration data exclusively by the owner who provides title documents for real estate;
introduction of a single all-Russian database containing information about all real estate objects. Thanks to this, there is no longer a need to personally travel to the region of registration or send registered letters (for example, when entering into inheritance rights). The issue of decorating a house in a summer cottage can be resolved at the place of stay.

There is only one significant drawback of such innovations - the possibility of registration only together with cadastral registration. This implies the need to contact a cadastral engineer and enter the object in the register, which implies additional costs.

Also, those who are interested in whether it is possible to register a country house without land surveying should know that after the adoption of Law No. 218-FZ, this procedure is mandatory from the beginning of 2018. Without establishing boundaries, it is impossible to dispose of not only a house, but also a land plot, even if it is owned.

You also need to know that earlier the registration of a house located on a garden plot was carried out by filing a declaration, which was easier. Now the basis for the design of the building is the technical plan.

How and why to register a garden house

The procedure for registration of such types of real estate is carried out by transferring the relevant documents to the registration authorities.

The main reason why many citizens do not engage in this procedure is the unwillingness to pay property tax, which will become necessary after the building is registered as a property.

Nevertheless, registration in the ownership of a country house has undoubted advantages:

the possibility of performing legal actions (sale, exchange, donation, etc.);
no risk of demolition of the house due to its recognition as unauthorized construction;
the possibility of obtaining a loan by issuing a bank mortgage after the delivery of the house on its security;
elimination of problems with neighbors due to disputes over the boundaries of the site;
receiving compensation for demolition by the state or local authorities;
the opportunity to register in a house located on a personal plot.

Thus, the answer to the question of whether it is necessary to register a country house as a property is positive. The advantages of such a solution are obvious.

When do you need to arrange summer houses

Houses erected on plots intended for individual housing construction (IZHS).
Buildings located on land for gardening or subsidiary farming.
Garden houses erected on plots for summer cottages.
Pergolas, garages and other outbuildings located on the land for individual housing construction.
Other buildings that the law allows to erect without obtaining a special building permit.

Important! "Country amnesty", i.e. the possibility of simplified registration of all buildings located on the listed types of land applies to plots received before 2001.

How to register a house in a summer cottage - step by step instructions

This procedure is not particularly difficult and does not require large expenditures.

So, how to properly take ownership of a country house? The procedure is as follows:

Appeal to the cadastral engineer for cadastral work.
Drawing up a technical plan. According to the latest amendments to the law, it must be issued in electronic form and contain an electronic signature of a cadastral engineer.
Payment of state duty (350 rubles for each registered property). Requisites for depositing funds can be obtained from the registration authority to which documents will be submitted. The payment receipt is included in the list of documents provided.
Submission of a package of documents to the registration authority (Rosreestr or MFC). You can also order the state registration service in electronic form through the State Services by submitting an application for registration of a country house. If there are no errors, the data is entered into the register.
Obtaining an extract from the USRN confirming the ownership of the registered property.

List of required documents

The question of what documents are needed to register a country house is one of the key ones. This is explained by the fact that if you submit an incomplete package or papers with errors, the procedure can be significantly delayed. Therefore, it is better to clarify this list in advance.

So, the documents required for registration of a country house in the property are as follows:

the applicant's personal passport as proof of identity;
title documents for the site on which the registered building is located;
cadastral plan of the land;
technical plan of the registered building;
receipt for payment of state duty.

The cost of registration of ownership

The cost of registering a house built on the site is formed from the following factors:

payment of state duty;
payment for the services of a cadastral engineer who draws up a technical plan for the building.

The amount of the state duty is established by law and equals 350 rubles. for each registered property. The cost of services of cadastral engineers is not fixed, it varies depending on the region of work.

Therefore, the answer to the question of how much it costs to arrange a house on a personal plot does not have a definite answer.

Is it possible for the owner to insure an unregistered country house

If the building is registered as a property, there are no questions about the possibility of insuring it, because companies easily agree to such contracts. All that is needed is to choose an insurance company, sign an agreement and make regular contributions.

But what to do with buildings that are not included in the register? Can I insure my unregistered country house? The answer to this question is unequivocal - the law does not provide for such a possibility.

However, many insurance companies turn a blind eye to this and still draw up a contract. Insurance issued for a country house, if it is not issued, is done as follows:

a contract is drawn up between the insurance company and the owner of the building;
the text indicates that in the event of an insured event, monetary compensation will be paid by a close relative of the owner of the house;
insurance premiums are paid.

The deception is revealed when the insured event nevertheless occurs. It is almost impossible to receive compensation from the company, because, according to the contract, it has no obligations to the victim.

Therefore, before thinking about whether it is possible to insure an unregistered country house, it should be borne in mind that this will be a legally unformed insurance contract, so you should not count on compensation.

The nuances of decorating a country house

Depending on the type of property and the stage of construction, there are some features of the procedure for registering a garden house.

unfinished

How can I register a residential building on a garden plot if it has not been completed yet? In fact, there are three ways to add an object to the registry:

Obtaining a permit for construction work and further registration of the house in the usual manner.
Registration of the object as a self-construction after the completion of the construction. But at the same time, you will have to pay a fine of 2000 rubles.
Registration on the basis of the declaration.

It should be borne in mind that after the adoption of Law No. 218-FZ, the latter method involves certain difficulties. Previously, it was possible to indicate approximate indicators in the declaration, but after the latest amendments to the legislation, only accurate data are accepted.

How to make an existing cottage into a residential building

If we are talking about a country house, which is used only for temporary stay (for example, during the period of gardening), then registration is carried out according to the general rules with the provision of a standard package of documents, including a technical plan of the house.

But if registration is required in a country house, it is necessary to recognize it as residential. This means that it must comply with building and technical requirements (for example, be heated and suitable for year-round use).

To confirm such compliance, a special commission is held. The whole procedure takes about 40 days, after which the owner receives an inspection certificate, on the basis of which he registers his country house.

Nuances of registering a residential building

If a residential building is being designed, regardless of the type of building and location of the object, it must be recognized as suitable for year-round use. As in the previous case, a special commission is invited to evaluate the object for compliance with the following criteria:

construction on the site for individual housing construction, the presence of even walls and fences that meet safety standards;
availability of communications or the possibility of their summing up;
the presence of noise and vibration inside the house within acceptable limits.

If the object complies with all standards, the owner is also issued an inspection certificate, on the basis of which he registers the house.

Important! If the building is located on a site that is part of the SNT, then obtaining the status of a residential building is impossible.

Thus, the registration of the ownership of a country house has many advantages. At the same time, despite some nuances, the procedure does not involve great difficulties and financial costs.

What is a dacha amnesty

Since dozens of categories of land with an indefinite form of ownership were formed in the post-Soviet 90s, a law was passed that helps to solve the problems of building buildings specifically on summer cottages and garden plots (SNT, DNT, etc.). In addition, houses were erected in dacha communities where people lived permanently, and a legislative framework was required to work with this fund.

Federal Law No. 93 or "dacha amnesty" is designed to eliminate the remnants of the past with the help of the citizens themselves. The law enables everyone who has the right to claim the status of the owner of land and residential buildings on it, to streamline their relations with the state and formalize them in accordance with the norms of land law.

A dacha amnesty is a simplified procedure for registering property rights to constructed facilities.

Until what year has the dacha amnesty been extended?

In February 2018, deputies of the State Duma considered the possibility of extending the dacha amnesty. Pavel Krasheninnikov, head of the State Duma Committee on Legislation and State Construction, proposed a bill to extend the dacha amnesty until March 1, 2020.

Let me remind you that the dacha amnesty began in 2006. Since that time, the rights to about 3.5 million individual houses and 7 million land plots have been registered under a simplified procedure. The head of the Duma Committee on Legislation and State Construction specified that the extension of the "amnesty" would allow at least 1 million owners of real estate to register their rights.

Based on the current version of the Law of the Russian Federation 93-FZ of 06/30/2006, the period of validity of the dacha amnesty has been extended until March 1, 2020. However, in view of the fact that Federal Law No. 93 provides for a simplified privatization procedure only for those objects that were transferred to individual use before the adoption of the current Land Code, it can be concluded that buildings built before October 2001 can be registered in ownership in a simplified manner and after the end of the dacha amnesty.

Who can issue a house under a dacha amnesty

The procedure for changing the form of ownership under this law does not apply to everyone. The following objects can take advantage of the dacha amnesty and transfer to a new form of ownership:

Buildings that meet the requirements of residential premises and are located on lands allocated for personal subsidiary plots (PSP);
Buildings built on the lands of settlements (IZHS);
Residential buildings erected in summer cottages. These are the same dachas and garden houses, which eventually grew to the size of a full-fledged residential building;
Non-residential buildings erected on lands allocated for gardening, individual housing construction or private household plots;
Other buildings, for the construction of which, in accordance with paragraph 17 of Art. 51 of the Town Planning Code of the Russian Federation, a building permit is not required.

In addition, you need to take into account the category of land and the type of permitted use.

Under the action of Federal Law No. 93 fall:

Agricultural land with permitted use for dachas, orchards, orchards, private household plots and collective farming (KFH);
Lands of settlements with permitted use for individual housing construction, dachas, gardens, kitchen gardens, peasant farms and private household plots.

Documents for registration of a house under a dacha amnesty

Federal Law No. 93 significantly facilitated the registration of houses. Thanks to him, a building permit and an act of commissioning are no longer required. After the expiration of the “amnesty”, these documents will have to be received in accordance with the current, and most likely new, norms. But now only two documents are required for registration:

Technical plan of the house. How to get it, I will tell below;
Extract from the USRN for the land plot.

RosReestr sends extracts from the USRN within 3 days (there are delays). If you want to receive information faster, then I recommend ordering statements directly through - this way you will receive the document within an hour. The cost is the same - 250 rubles, official data - from the USRN RosReestr and confirmed by the electronic digital signature of the registrar (EDS).

Extract from the USRN, which I recently ordered through

How to transfer a dacha to a residential building under a dacha amnesty

The country house was erected in a short time, and completely suited me. However, the absence of any documents still confused me. Yes, and haunted the thought that the authorities may require large taxes for this illegal building. Therefore, when I heard about the end of the "dacha amnesty", I immediately went to find out how to transfer my dacha to a residential building.

I will clarify that previously I tried to find clear instructions on the Internet for registering such real estate, but I did not find anything suitable. But still, I found out one thing - title documents for the site are required. I have them (). Since the sale and purchase transaction was carried out through the local administration, and the cadastral number for the land had already been issued, the re-registration for me went quickly.

Step 1 - prepare a house project

The construction organization assured me that the project of the house would be typical, so its registration would not cause problems. At the same time, I was offered a 10% discount - a distraction so that I quickly agreed. And I must admit, it was a success, because the opportunity to receive a discount attracted me so much that I didn’t really think about the further design of the future building.

In addition, our chairman of the dacha community, who was considered a "knowledgeable" person, argued that the main condition is compliance with building codes, not registration.

Step 2 - make sure the house is not already registered

Next, I contacted the local administration to look through the lists of "Unregistered buildings in SNT." Among them, I did not find my non-profit gardening partnership, which meant that it had not yet been audited.

On the one hand, it was good, since I did not have to pay fines for my illegal structure. But on the other hand, checks could be carried out at any time, so I had to hurry.

Step 3 - order a technical plan of the house

I received the technical plan at the BTI. At first I applied to the Bureau of Technical Inventory, located directly in the administration, but they told me to go to a private organization, as they had too many orders, and before March 1st they would not have had time to issue my technical plan.

In a private company for cadastral work, my order was accepted quickly. I paid an advance and indicated the time at which the team can arrive for the measurement. A week later, the technical plan was in my hands. It cost me 8 thousand rubles. If, along with the country house, I would register another building (for example, a bathhouse), then I would have to pay twice as much.

By the way, the cadastral engineer explained to me that not all buildings need registration. Those buildings that do not have a foundation, and therefore are not tied to the ground (outdoor shower, toilet booth, construction trailer, etc.), are not subject to mandatory registration.

Step 4 - fill out a property declaration

Then I downloaded and filled out two forms of the declaration of real estate with my own hand. The standard form requires the following information:

Location or, if available, address of the property;
name and type of buildings;
number of storeys of buildings in accordance with existing norms and signs;
year of completion of construction of buildings;
the area of both the site and buildings;
characteristics of building materials for the outer walls of buildings;
a list of engineering and technical systems to which objects are connected;
cadastral number of the plot;
information about the applicant for approval of property rights.

Step 5 - register ownership in RosReestre

With all the collected documents, I went to the nearest MFC “My Documents”, where I applied for state registration of the rights to my own, it turns out that it’s not a country house at all. In this case, you must pay a state duty in the amount of 400 rubles.

2 weeks after contacting the MFC, I was issued an extract from the USRN, in which I was already indicated as the owner of a residential building.

Is it possible to issue a house under a dacha amnesty if the boundaries of the red line are violated

I think it's unlikely. The dacha amnesty was partially abolished and is valid only for land plots under individual housing construction, as well as for dacha construction. As far as I know, it has not been applied to household plots since 2016. Moreover, it will be much more difficult to formalize a building (not a land plot) according to the “simplified scheme” already from 2019, although the dacha amnesty has been extended until 2020.

From March 1, 2019, the permit will be issued according to the following rules: first, a notification of the planned construction on the land plot, then the local government will check how well this building complies with urban planning standards, and only then it will be possible to calmly build and enter information into the USRN.

Problems when registering a house under a dacha amnesty

Difficulties in registration arise in the absence of a minimum set of documents confirming the legality of land use. Usually those who have no documents at all doubt the prospects of their actions. However, this cannot be considered an insurmountable obstacle - visit the municipality or organization that once allocated the land. Useful information can be found in the archives, but most likely, you will have to defend your right to property in court, where you can use the testimony of witnesses.

The confusion of the transitional period may affect the lack of necessary information about the land and buildings in RosReestr. This is also surmountable, you just have to re-survey, and then put the site on cadastral registration according to a simplified scheme. The essence of the simplified form is that you will not be required to provide documents that were required before the adoption of the dacha amnesty.

Please note that from January 1, 2019, the lands used by summer residents are divided into two types: garden and vegetable gardens. The construction of a residential building will be possible only on the sites of the first type and only with the permission of the municipality. Gardening lands have a different purpose and are no longer subject to development.

conclusions

From March 1, 2020, the rights to the constructed facilities will be issued in a general manner, as a result of which the process will be significantly more complicated. For example, in order to register with the cadastre and register ownership, you will need permission to put the facility into operation. In the absence of this document, the house will be considered an unauthorized structure, the legalization of which is possible only through the court.
It is believed that the adoption of this bill will contribute to the development of the private residential sector, but I personally believe that the legalization of houses in SNT is an additional source of taxes (read income) to the budget of the Russian Federation, which is getting poorer from year to year.

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. At the 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;
the 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, construction date, 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.

You can use the simplified procedure only if the land was received by the person no later than October 2001.
It is impossible to obtain ownership of land (and a house) that has been withdrawn from circulation.
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 ownership of public land 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.

You can simultaneously register in the property and the cottage, the site.
Registration can be carried out after the completion of construction, which allows you to legalize unauthorized buildings.
Low cost of the procedure.
The citizen will manage not only the land, but also the house (alienation of one piece of real estate is illegal).
After registration of ownership, the value of real estate increases.
Really get a residence permit (if the country house has received the status of a dwelling).
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 includes representatives of local authorities, an employee of the housing inspectorate, fire safety specialists, etc. Based on the application of the owner, an inspection is carried out.

The residential building must meet these criteria.

Serviceable structures (enclosing and load-bearing).
Absence of materials and substances used in construction that can harm others.
Availability of the necessary engineering structures, their possible movement.
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.

The main topic of this article is “Designing a house under a dacha amnesty - a step-by-step instruction in 2019”. For its disclosure, all aspects related to this problem will be considered. What is the meaning and essence of the dacha amnesty? Why is this the state and what brings the owner of the property? How to register the right to a house and when will the dacha amnesty end? Is it possible to conclude transactions with a residential building that is registered under a simplified procedure? All this will be the subject of today's article.

Dacha amnesty is an everyday phrase that is often used, but does not fully reflect the content of this relaxation for ordinary citizens. After all, under the amnesty, it is possible to draw up not only dachas.

In the legal interpretation, a dacha amnesty is a legally granted right to citizens, in the most simplified way, to register the rights to real estate that they own, if only these objects comply with the provisions of the state program introduced in 2006 (Law No. 93-FZ).

Since 2006, many people have already taken advantage of this right and brought the documents for their property in the proper form. The peak of legalization of rights occurred in 2009-2010.

"Simplification" is very beneficial for both citizens and the state. This is one of the most successful transactions between the state and the population. Its efficiency is high. As a result, when registering the right, citizens avoid significant material and moral costs, and the state receives millions of new taxpayers in return.

Objects covered by the state program

What kind of real estate is covered by the simplified title scheme?

According to the legislation, these are land allotments transferred to citizens for use until October 30, 2001, before the introduction of the Land Code of the Russian Federation, and objects built on them that meet the following requirements.

1. Land plots transferred for:

dacha economy;
gardening and horticulture;
construction of individual garages.

2. Objects created on these plots:

individual houses;
other objects that do not require permission for their construction: garages, outbuildings (baths, sheds, gazebos, etc.).

The fundamental factor for obtaining the right to use simplified taxation is the provision of land to a citizen before 10/30/2001.

The duration of the state program

The expiration date of the state program for the simplified procedure for registering the right is set:

for owners of residential buildings - March 1, 2019
for summer residents and gardeners - 01/01/2020

Of course, the government can extend the validity of the simplified tax system, but this cannot be guaranteed yet. Therefore, it makes sense to hurry up.

Registration of ownership in case of simplification

To carry out the amnesty, the government has determined the minimum list of documents for registering rights under a simplified scheme.

The list was so short that only lazy and ignorant people didn't jump at the chance.

To register land, you only need to provide a declaration of a land plot, filled out personally, and a document confirming its allocation (any acts of state bodies, an extract from the business book, etc.). And of course, you should attach a receipt for payment of the state duty to the application for registration of the right.

Imagine, they don't even ask about land surveying. Such a “non-demarcated” site is put on the cadastral register and a record is made that its boundaries have not been established. The area of the plot, reflected in the original document on its allocation, may not correspond to the meters indicated by the citizen in the declaration, and this is allowed within reasonable limits.

What kind of right does the landowner receive under simplification?

Regardless of what right was indicated when granting a land plot, a citizen receives it in personal ownership. And he gets it for free.

The right of ownership of land confirmed by state registration will become one of the grounds for registration of buildings created on it.

If the land was allocated for individual housing construction, private household plots or summer cottage construction, then a residential building can be built on it. An individual residential building is intended for one family, and its height cannot exceed 3 floors.

On a plot provided for gardening and horticulture, only a residential building, and not a residential building, can be erected. The difference from IZHS is that the object is intended for seasonal residence and, of course, without the right of registration. At the same time, horticultural work must be carried out on the site, otherwise it will be used for other purposes.

A special permit must be obtained for the construction of these facilities.

For garages and outbuildings in such areas, a building permit is not required.

And what is required for simplification for cadastral registration and state registration of the right to a house?

In 2019, the list of documents includes:

application for cadastral registration and registration;
a document confirming the right to land;
building permit;
technical plan with a declaration drawn up by the owner;
state duty payment.

Until 2019, a technical plan was not needed for residential buildings, outbuildings located on land provided for summer cottages, orchards and orchards. A country house, if it is not a capital structure, refers to residential buildings, and not to residential buildings. This is a "tightening" of the dacha amnesty.

What facilitated the procedure for registration of rights with simplification? It does not require a permit to operate. And this is a serious document.

For its registration you will need at least:

documents confirming the right to use the land (the site must be formed, i.e. undergo land surveying and cadastral registration);
submit project documentation to the municipality (production is ordered for a fee);
after coordination and approval of the project, obtain a building permit;
construction to be carried out in accordance with the project, otherwise it will be necessary to make changes to the project;
prepare a technical plan (for a fee under an agreement with a cadastral engineer).

And only then apply to the municipality for a permit for commissioning.

All this can be avoided using the simplification mechanism.

Let us remind you once again that the term of the simplified procedure for individual housing construction expires on 03/01/2019, for residential buildings in gardens and kitchen gardens - 01/01/2020.

Still quite everything can be done if you start right now, without putting it off indefinitely. Therefore, now we will take a closer look at two documents, without which registration of rights under simplification is impossible.

House declaration

What should be declared? In a form specially developed by the state for the implementation of the state program of dacha amnesty, it is necessary to declare the owner of real estate. Initially, such a form was developed and approved in 2006.

Today, the declaration is an integral part of the technical plan for the house, therefore, the forms and procedure for filling out the technical plan and the declaration were approved by the same order of the Ministry of Economic Development in 2015.

The declaration of the object is a multi-page form, which contains information about the house itself with all its characteristics, and about the copyright holder.

Together with the documents of the owner of the house on the land, the declaration form filled out and signed by the applicant becomes the title document for the house with outbuildings.

The declaration is drawn up in 2 copies, without blots and strikethroughs. It can be filled out electronically or printed out the declaration form on the Rosreestr website. There are also instructions on how to fill it out. Before proceeding with filling out the declaration, prepare the documents whose data will need to be entered into it:

title document for the land;
building permit;
characteristics of the house and outbuildings;
your passport, TIN, SNILS.

technical plan

Whatever the owner does not want to do with his property in the future, it is necessary that such an object be on the state cadastral register. How to understand if the object is on the cadastral register? It's easy. On the website of Rosreestr in the "Reference Information" section, search for the address of the object of interest. If the information appears, then it consists. And if not, then the owner will have to collect documents for registering it.

One of the most important documents for this is the technical plan.

What does he represent?

It is clear that this is a serious document. It contains all the most important information about the object. Information clearly established by law is entered into the technical plan in a strict manner. Many people still remember that a technical passport was previously drawn up for houses and apartments. And of course, people who are ignorant of this issue do not understand why he was bad. It was also full of information about the house. To some extent they are right. But there is a key difference between the two documents.

In technical terms, unlike a technical passport, there is a binding of a house or other property to the land on which it stands.

What does binding mean? This is the contour of the house on the plan of the land plot with the coordinates of its corners. This binding allows you to very accurately see the location of the house.

The technical plan contains information:

about the cadastral engineer and the customer;
about what the technical plan is made for;
about the source documents for its manufacture;
about measuring instruments;
about the property;
about the performed measurements and calculations;
on the location of the object on the land;
about the characteristics of the property;
drawing of the contour of the house on the land;
floor plan of the house with explication.

Where to get a technical plan

There are specially trained people who have the right to produce and sign a technical plan. They are called cadastral engineers. By the way, a very popular profession today. A cadastral engineer is most often an individual entrepreneur, less often a legal entity. face. All of them have a qualification certificate and are included in a special cadastre, because. they have a strong responsibility for the work they do. It is clear that these are commercial structures and they provide their services for a fee.

Those. when a technical plan is needed, the owner of the house concludes an agreement with the cadastral engineer for its production. To register a house for cadastral registration, a technical plan is drawn up in electronic form. As a result of the service, the contractor will provide the customer with an electronic version of the technical plan on disk.

What is the price

How much does the service of a cadastral engineer for the production of a technical plan cost?

This question is rhetorical. The price is limited only by fierce competition. But the real cost depends on the following factors:

residential building, garden or country house;
house area;
number of turning points;
remoteness from the location of the cadastral engineer;
and the main determining factor is the region: rich or not.

For understanding, I will still name one figure. The average cost of a technical plan for a garden house in central Russia is from 3.5 thousand rubles.

To draw up a contract for the production of a technical plan for a house, an engineer will need:

customer data;
title documents for land;
building permit;
a declaration of the real estate object drawn up by the customer.

The term of the service is from 5 to 15 days.

Word to the lawyer: Summer amnesty

Cadastral registration and registration of rights

Having prepared documents for cadastral registration and simultaneous registration of ownership of the house, we are sent to apply to the Rosreestr department or to the MFC. Don't forget to pay the state fee. In 2019, it amounts to 350 rubles for registering the right, cadastral registration is free of charge.

The application is filled out directly at the place of receipt of documents. It will be filled in by a responsible officer of Rosreestr or MFC. The right holder only needs to check the entered information and sign the application. After receiving the documents, the right holder is issued a receipt, which indicates the date of readiness of the documents. The total time for cadastral registration and registration of rights is about 2 weeks.

In confirmation of the cadastral registration and registration of the right to a house, an extract from the USRN is issued. Now you are the owner of the house.

The advantages of the dacha amnesty are obvious. This is speed, ease of registration of rights without special material costs. The cons are not so obvious. They are especially relevant to land. Lack of land surveying is fraught with errors and disputes with neighbors, difficulties in transactions. Therefore, probably, over time, the determination of the boundaries of land plots and their exact area will become inevitable.