Parting

The order and procedure for registration of cottages. How to register a summer cottage and a house: step by step instructions

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.

In order to quickly register the buildings on the site as property, you can resort to the norms of a dacha amnesty, according to which the process is carried out in a simplified manner.

Where to start the process - from obtaining a cadastral passport, a technical plan for a land plot, collecting documents in the form of a certificate and ownership of the plot. After that, with all the papers and with an application for registration of real estate, you should contact Rosreestr, which includes the location of the land and buildings.

The adopted law of January 1, 2018 contains amendments, according to which two cadastres - on registration and transfer of rights to an immovable object - have been merged. Now all information is collected and stored by a single database of the state register. According to the new provisions, it is not a certificate of ownership that is issued, but an extract from the USRN for an immovable object, which confirms the legal rights to real estate.

If the house has not yet been built, but it is only planned to build it on your own land, then you need to obtain a building permit. To do this, the owner applies to local executive authorities with a package of documents from the scheme of the land allotment, town planning plan.

Before registering a private house as a property, a citizen must have a town-planning plan, which contains data on the territorial planning (GPZU). It is issued by the Committee on Urban Planning and Architecture.

In addition to the plan, you also need to have on hand a diagram of the land allotment indicating the location of the residential facility. Is it possible to develop such a scheme on your own - yes, but it will have to be approved by a competent organization.

After receiving all permits, you can start building a house, connecting to communication systems, etc.

How to arrange an already built house?

After building a house, the next step on the way to registering it as a property is putting the building into operation. When the building is fully erected, the owner applies to the BTI to develop a technical passport for the facility. To start drawing up a plan, employees of the organization come to the site and take the necessary measurements. After that, the house is assigned a postal address. The period of drawing up technical documentation, calling employees to the site, the implementation of all measurements will be from 1 to 3 days or more. If you need urgent processing, then for an additional fee, the service staff will do everything at an accelerated pace, but it will cost twice as much. The prices for these services in different regions are different, but the average cost of work in the standard mode is about 400 rubles, in the accelerated mode - 1200 rubles.

Further, in order to obtain ownership of a new house built on your site, you should obtain a cadastral passport. This document is issued only upon presentation of a ready-made technical passport and a certificate confirming the receipt of a postal address. The terms for the development of a cadastral plan are approximately the same as in the case of technical documentation. Prices: 400 rubles. for the usual design, and from 1500 rubles. for fast paced work. The cost is also affected by the remoteness of the site from the city limits. If the allotment is located further than 50 km from the city, then you will additionally have to pay for the delivery of inventory and the travel of employees of the inventory department.

Further actions require obtaining permission to put the constructed house into operation. It is issued by the authority where the owner applied for a permit for construction. The preparation of this document may take up to 10 days. After all the papers are collected, you can proceed to the procedure for registering the house as a property.

What documents are needed to register a house as a property?

If you have built a house and want to legalize your rights, then prepare the following package of documents:

Ownership of land.
Technical documents and cadastral house plan (issued for a house that was built on the site).
Declaration, which describes all available real estate on the site.
Russian passport of the applicant.
A formal application for registration of property rights, which is compiled by an employee of Rosreestr. The document must be signed by the applicant.
A power of attorney for a representative (if necessary), which is certified by a notary and provides a list of powers to submit and sign documents, receive an extract that confirms ownership.
Receipt of payment of state duty. The cost for individuals is 2 thousand rubles, for legal entities - 22 thousand rubles.

It will not work to issue a house without documents, so you will have to stock up on strength and time, after which the residential building will be able to transfer into legal ownership.

An application for obtaining ownership rights along with a package of prepared documents is submitted either through the Rosreestr authorities, where they will process the registration for about 10 days, or through multifunctional centers (MFCs). Another convenient option for submitting documents is the State Services portal. In the case of the State Services and the MFC, documents will be prepared from 15 to 20 days. To provide papers in this way, you must submit an application with attached scanned documents and a report on the payment of the state duty.

You need to pick up ready-made documents with an extract confirming the right of ownership at the Rosreestr branch, which refers to the location of the property.

After obtaining ownership of a land plot and a residential building built on it, the owner will have to pay tax fees on real estate and land every year.

Important: if the land plot is not registered as a property and records about it are not placed in a single real estate database, then the time for legalizing the house will increase. To obtain a document of ownership, you must contact the administration, where land will be allocated for construction or dacha management. This service is free, but it will take approximately 30 days to complete it. As a result, a citizen will be issued an act of allocation of a land allotment to ownership, which is then transferred to the Rosreestr in order to register the ownership right.

If the boundaries of the land plot are also not defined or there are disputes with adjacent territories, then it is necessary to draw up a survey. This process will take from several months to 1 year, since it may be necessary to look for the owners of neighboring plots so that they sign the act of agreeing on the boundaries and have no claims. If such agreements are not established voluntarily, then the procedure will take place in court.

The process of decorating a house built on a plot of land is laborious and not entirely simple. However, adhering to simple rules and sequence, it will pass easily.

Despite the fact that, according to the latest changes in the current legislation, a residential private house, if it was built on, can be registered in ownership according to a simplified scheme, this procedure is quite lengthy and requires some awareness from the owner.

All real estate in Russia is subject to mandatory state registration, which is evidenced by documents issued by the responsible institution. The procedure, built on a personal plot of land, provides for the entry into a single state cadastral database of all information about the property and its owner. Only after registration, the owner receives the legal right to dispose of the house.

Without registering the ownership of his country house, erected on a plot of land received for individual housing construction (IZHS), the owner will not be able to sell, exchange, donate, or officially lease this property. In addition, if the house was not bought, but built by the owner of the land, then without state registration this structure does not officially exist.

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Start of the procedure

In order to properly carry out the registration procedure for a private residential or non-residential house built on your own land, you need to know where to start. The first thing to do is go to the Bureau of Technical Inventory. There it is necessary to issue technical documents - a passport and a construction plan. After that, the structure must be put on, for which you need to submit an application and the documents attached to it.

What you need

To proceed to the registration of ownership, you need to prepare the following documents:

Name	Peculiarities
Land owner's passport	Original and copy
Application for registration of ownership of a house	On behalf of the land owner
Legal documents for the site	Contract of privatization, exchange, sale, rent, deed of gift, will, certificate of inheritance, other
Building Permit Documents	Or about unauthorized construction
Certificate from the unified state registry database	Owner confirmation
Technical and cadastral documents	Passports and plans
Floor plan of the building	Issued by the Bureau of Technical Inventory
State duty payment receipt	Make a copy

Commissioning

In accordance with the latest legislative changes, for, which was erected by the owner on his personal plot of land, documents are needed to allow the building to be put into operation. This means that you should start with the Bureau of Technical Inventory.

The receipt of technical papers is preceded by a call to the employees of the Bureau of Technical Inventory to inspect the building and take measurements. Based on this information, a technical plan and a passport will be drawn up. After that, the owner should submit an application to the city administration in order to assign a personal address to the private house. Next comes the procedure for obtaining a cadastral passport and a plan, for which the previously received documents will be required.

Only after that you can get permission to put a private house into operation, with the subsequent registration of ownership. It can be obtained from the same institution where the building permit was obtained. The term for receiving the document is no more than ten working days.

When making deals

An important point is the need to register the rights to a private house after purchasing a land plot. To do this, you must submit an application and documents confirming the right to own land to the Rosreestr institution at the location of the property. At the same time, the personal presence of all co-owners is mandatory during registration. If someone cannot appear, then instead of him an authorized representative may be present, with a power of attorney issued by a notary.

If the house was purchased in an officially registered marriage, then it is necessary to obtain the written consent of the second spouse for its registration. Such consent is drawn up by the spouse and certified by a notary. Without this, the document will not have legal force.

When purchasing a share of a plot with a house from a seller who is a co-owner, it is imperative to obtain written refusals from the other owners from acquiring the part of the property being sold, otherwise, even after registration of ownership, such a transaction is easy to challenge and cancel.

If the building is unauthorized

If, for some reason, the owner of the land did not receive permission to carry out construction work in a timely manner, then after the construction of a private house, it will have to be legalized. This procedure, the procedure of which is regulated by the Town Planning Code of the Russian Federation, is not particularly complicated, but it can drag on for several months, and the financial costs, especially with the involvement of a specialist, will be very impressive.

To legalize the building on your land, you should choose the most appropriate option from the three:

go to court;
Backdating papers permitting construction. Get permission without notifying that the house has already been built, and after a while hand over the object;
Contact the Commission for the Prevention of Unauthorized Construction and apply for the preservation of the house. If the decision is positive, the owner will be given all the necessary permits and other documents.

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Many Russians are interested in obtaining a residence permit in a country house built on their own. With the high cost of city apartments, this is a real way to solve the housing problem. However, you can register only if the house is recognized as residential and officially registered.

The law on dacha amnesty was adopted in our country on June 30, 2006. In 2017, amendments were made to Federal Law No. 93 related to the entry into force of the law “On State Registration of Real Estate”. The process of registering a country house as a property has now become much easier, including due to the lack of territorial binding. However, some innovations may seem a little difficult for owners.

The main changes in the dacha amnesty procedure:

Paper certificates of ownership are no longer used - they could be easily forged, and therefore there were many problems.
The basic registration system starts to work, which helps to prevent any land fraud.
Obtaining registration information is now available only to a citizen who has an officially registered ownership right.
The data is provided in the form of an extract from Rosreestr.
A single all-Russian database will allow you to send a request from any region without requiring the owner to go to where the property is located. This greatly simplifies the inheritance process.

If we talk about the minuses, now registration can only be performed together with cadastral registration. That is, it is required to invite a cadastral engineer to enter a property in the register. It has become less convenient to register buildings under a dacha amnesty, because earlier it was possible to confine oneself to drawing up and submitting a declaration. Now the basis for registering a country house as a property in the Moscow region and other regions of Russia is the cadastral plan. However, the amendments to the law do not apply to land plots. They can still be registered without calling measurers and without ordering a survey.

If you decide to build a building on your summer cottage, then you do not need to obtain a building permit. At the same time, buildings cannot be sold, donated, exchanged if the ownership right is not registered. You need to register a house not only for this. It is thanks to this procedure that you can get the right to register in the country.

In addition, registration of suburban real estate allows you to:

Do not allow the demolition of buildings due to the recognition of their unauthorized construction.
Avoid land disputes with neighbors.
Get compensation if buildings are demolished.
Connect engineering communications.

In what cases is it necessary to

After making changes to the legislation, it is possible to register ownership of the following objects:

Houses built on IZHS lands.
Buildings located on a land plot that are intended for farming or gardening.
Garden houses located on a plot that is intended for dacha farming.
Gazebos, outbuildings, garages that were built on land intended for individual housing construction.
Any other building that does not require a building permit.

Registration in a simplified manner applies to those plots that citizens received before October 30, 2001. Thanks to the dacha amnesty, you can register buildings that are located on land.

Step-by-step instructions for registering a country house as a property in 2018:

Appeal to the cadastral bureau, whose specialists will draw up a technical plan of the building. The technical plan is drawn up in electronic format, and the authenticity of the information is confirmed by the individual digital signature of the cadastral engineer.
Submission of an application and a package of documents (including a receipt for payment of the state fee) to the MFC. In addition to the electronic version of the technical plan, you can attach a technical plan on paper with the seal of the Bureau and the signature of the cadastral engineer.
Obtaining an extract from the USRN.

The following documents are required for registration of ownership of a country house:

Declaration or other document confirming the ownership of the land (certificate of ownership, extract from the gardening book).
Receipt confirming payment of the state fee (350 rubles).
The applicant's national passport.
Cadastral passport for the land.
Technical building plan.

In the event that the property was built before March 1, 2015, only a technical passport will be sufficient. If the building was built later, then you will need a cadastral passport and an act of putting the facility into operation.

Registration deadlines

Once a common base for rapid data exchange was established, registration times were significantly reduced. From January 1, 2017, the registration of a country house as a property, which occurs simultaneously with the registration of an object for cadastral registration, takes no more than 10 days. Simultaneous registration is required for a dacha amnesty, for primary accounting, or for the liquidation of a building.

If only the right of ownership is registered, the procedure takes a week.

Making changes to the cadastre takes five working days. In case of violation of the established deadlines, unreasonable refusal to accept documents or making mistakes, Rosreestr officials will have to pay a fine. Thus, the law protects the rights of owners.

The law on dacha amnesty has been extended for the third time. The latest changes have postponed the end of the program until March 1, 2018. When submitting documents for registration of a dacha or garden plot, you must pay a state fee of 350 rubles. In addition, it will be necessary to pay for the services of a cadastral engineer to draw up a technical plan and a cadastral passport. The cost of the services of cadastral engineers may vary depending on the region. On average, it is 8000 rubles.

"KB-Nedvizhimost" will assist in registration of a country house in the property in Moscow and the Moscow region. We strongly recommend that you hurry up with the registration of buildings on the site, as the dacha amnesty will not be extended indefinitely. Currently, the opportunity to register property in a simplified procedure has been extended until March 1, 2020.

If you want to register in a house that is located on a summer cottage, then it is not enough just to register ownership. The building needs to be considered habitable. For this to be possible, the cottage must meet certain building and technical requirements. Only a warm house can be suitable for living all year round. The building is assessed by a special interdepartmental commission. It takes into account the following parameters: the building must be built on the lands of individual housing construction, have smooth walls that meet the safety standards of the fence, have engineering communications or the possibility of their supply, the level of noise and vibration inside the building should not exceed the permissible level.

The cost of registering a country house as a property depends on various factors: the characteristics of the property, the availability of the necessary documents, the volume and complexity of cadastral work. You can find out the exact price for registering the ownership of buildings on a personal plot by contacting the managers of our Bureau.

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