How is a house recognized as residential?
Content
In order for a house to become residential and fully suitable for official living, a special examination is carried out, which includes a complex of various expert manipulations. The goal of the specialists is to identify the technical features of the building, as well as to check it for compliance with all the requirements of Russian legislation on residential buildings. How to recognize a house as residential? - some property owners ask. Based on the work of experts, an expert conclusion is made in which the object is recognized as residential/non-residential (taking into account standards).
When should I order the service? On the acquired summer cottage, a small cottage was built into which funds were invested. Thus, there is a desire to live in it all year round. In such a situation, it is important to recognize the house as residential. This gives the right to register in it to the owners.
The legislation of our country allows the transition of a country house to the category of residential. However, all residential buildings have special technical standards. In fact, all modern buildings must comply with them. In order to establish the fact of such compliance as accurately and objectively as possible, an independent examination should be carried out.
How is a house recognized as residential?
Would you like to recognize a country (garden) house as residential and, if possible, register residents in it?
The property must meet the following criteria:
- relate to capital buildings, have a full foundation made of high-quality materials, normal walls that comply with the requirements of SNiP and current safety standards during operation;
- It is possible to recognize a house as residential in SNT only if drinking water is supplied to it and a water supply system is connected (if filters for cleaning are installed, it is necessary to prove that they are really effective);
- also, the building must have all the necessary engineering communications (electrical wiring, ventilation systems, heating equipment, sewerage, etc.), which are built taking into account SanPiN, SNiP;
- There must be a water supply; if there are purification filters, it is worth proving that they are beneficial.
If it is necessary to recognize a residential building as a residential building, a special procedure is carried out, the procedure of which is determined exclusively by the regional authorities. However, certain provisions of this process are common to each applicant.
The requirements for recognizing a house as residential are:
- The authorities can recognize a dacha building as a residential building if the owners provide all the necessary documentation, as well as the result of an examination regarding the condition of the residential building. It is important to note that the expert opinion is the determining argument;
- if the municipality does not want to recognize the claims of the property owner for certain reasons, it is possible to demand through the court the establishment of a legal fact that the country house of the blocked development is fully residential, and also fully suitable for living. In this case, an independent expert’s opinion is required (28 Code of Civil Procedure of the Russian Federation);
- if a decision on recognition is necessary, in any of the situations the owner of the house must provide the judicial/government authorities with a technical passport of the BTI organization with the properties of the building. In this case, an expert opinion is not always required. If disputes arise, the court may require this document if it considers that it contains unreliable or incorrect information.
Thus, if a residential building is declared unfit for habitation, it is worth going to court.
For a favorable court decision, it is recommended to involve an experienced lawyer ( ask for contact information ) who will help you win the case and recognize the residential building as unsafe or suitable for habitation.
If you need help in recognizing an apartment building as a residential building, it is recommended that you contact the lawyers of the Norma company. They will help you defend your rights and obtain the appropriate resolution.
Example of an application for recognition of a house as residential
The plaintiff has ownership of his property. When municipal authorities do not cooperate, the plaintiff files a claim to recognize the house as residential, a sample of which can be obtained from our lawyers - here .
If a residential building is recognized as unsafe, the statement will be slightly different in wording. In this case, it is advisable to seek help from lawyers who will help you draw up this document correctly.
Tips for owners of cottages and houses who want to obtain a registration in gardening:
- the issue of building a strong house should be approached as carefully as possible, since it will be possible to live in it in any season of the year;
- the structure must be provided with various engineering resources; if possible, the house should be connected to the central water supply and sewerage system. In addition, you can install a septic tank;
- Attention is paid to fire safety - all wooden structures must be treated with special means. Electrical wiring is in non-flammable cables.
If it is necessary to recognize part of the house as a residential building, then the building must also be in ideal condition so that any commission can recognize it as suitable for permanent housing and issue the relevant documents after inspection and examination.
List of documents
Property owners are interested in what kind of house is recognized as residential and what is needed for this. To recognize part of a house as a residential building, as well as in any other similar situations, the following papers are required:
- copies of the applicant’s documents establishing the rights to residential premises;
- a statement that the house is subject to demolition, is in disrepair, and requires reconstruction in form;
- conclusion of the organization that conducted the real estate survey;
- floor plan of the building, technical passport;
- certificate of the status of the building.
In each specific case, the list of documents may differ. So, if it is necessary to recognize an apartment or part of it as a residential building, qualified lawyers will advise you on what to do correctly and what documents to collect.
They will also tell you how to correctly draw up a statement of claim. The help of professionals in matters related to real estate will never be superfluous.
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