How to legalize an unauthorized extension to a private house step by step
Content
Unauthorized construction means a building or structure erected without obtaining permits or in violation of the intended purpose of a plot of land. Another option for an unauthorized building is non-compliance with building rules and regulations, which does not make it possible to legitimize the work performed.
Package of documents
How to legalize an extension to a house and does it need to be legalized in any way at all? Through the process of legitimizing an extension, you can not only formalize rights with the authorized bodies, but also avoid liability for an unauthorized building.
The fact is that a building built without the necessary approval or permission is subject to forced demolition at the expense of its owner (Article 222 of the Civil Code of the Russian Federation contains such a rule).
An unauthorized extension to a house can be legalized in 2017; it can be legalized subject to the following nuances:
- if the construction of the object was carried out by the legal owner of the land plot;
- if the constructed structure, in terms of its technical characteristics, complies with urban planning norms, rules and standards;
- if the construction of the controversial object does not violate the interests of third parties.
If these conditions are met, registration of rights to an unauthorized extension or separate structure can be carried out by applying to local authorities or in court.
Legalization of an extension or extensions to a private house is carried out on the basis of the following documents:
- documents confirming the legality of ownership of the land plot on which the unauthorized extension was erected;
- certificates and forms confirming the compliance of the disputed object with building codes and regulations;
- evidence of compliance with the interests and rights of owners of adjacent real estate (for example, the presence of appropriate indents and gaps between buildings, etc.).
To obtain these documents, it is currently necessary to contact a cadastral engineer, although to legitimize the house and the built extension before December 2016, it was enough to fill out a simple declaration for the object and submit it to the Rosreestr service.
If the submitted documents confirm compliance with building codes and regulations, the copyright holder will receive approval from local authorities and contact the Rosreestr service to register the property. If the legalization of a building or extension is refused, this issue can be resolved in court.
It will be almost impossible to legitimize such a structure without documents drawn up by a cadastral engineer, even in court.
Refusal to legitimize a building, including an unauthorized building, must be justified by reference to regulatory legal acts, which does not deprive citizens of the opportunity to file a complaint with the prosecutor's office or judicial authorities.
Steps to legalize construction
How to legalize an extension and where to start this procedure? The procedure for legalizing the construction will begin immediately after completion.
After erecting an unauthorized extension, there are the following options for how to legalize it to the house and obtain uniform title documents:
- apply to the local administration with an application to legalize the unauthorized extension to the house;
- If approval of the application is refused, consent to the construction of this extension can be obtained in court.
There are special requirements for the process of legalizing an extension in court, since during the consideration of the dispute the applicant will have to prove the legality of his actions.
The algorithm of actions for legalizing an extension to a private house in 2017 through the judicial authorities consists of the following stages:
- contacting an engineer to carry out cadastral work and fix the technical parameters of an extension or a separate building;
- conducting an on-site survey and transferring data to the technical plan;
- contacting the owners of adjacent properties to obtain official consent from neighbors to erect a building;
- upon receipt of the specified consent, sign the approval act, and if there are objections, record them in writing (submitting objections does not always comply with the law, however, this fact must be reflected in the documents);
- receiving an official response from local authorities indicating the reasons for refusal of approval;
- filing a statement of claim in court indicating the grounds for recognizing the extension as complying with the requirements of the law.
These stages of the process of legitimizing an extension are aimed at confirming the rights to the erected structure and registering the new building.
The following points must be included in the content of the statement of claim:
- name of the judicial authority;
- personal data of participants in the process and interested parties (for example, owners of adjacent objects);
- evidence of rights to the land plot and the main building to which the extension was made;
- a description of the process of constructing an unauthorized object - on your own or by inviting a contractor;
- a list of actions taken by the applicant to resolve the dispute out of court;
- requirement to recognize the construction as legal and register rights to the specified object.
The defendant in cases of this category will be local authorities, for example, the administration of a municipality that refused to approve the facility.
The statement of claim must be accompanied by documentation drawn up by a cadastral engineer during an on-site inspection of the property, as well as acts of approval from specialized institutions - architectural authorities, fire supervision, Rospotrebnadzor authorities, gas services, etc.
These acts must be obtained at the stage of preparation for applying for legalization of buildings.
The choice of the judicial body in which the specified case will be considered depends on the value of the object. If the price of the statement of claim does not exceed 50 thousand rubles, the case is subject to consideration in the magistrate's court. If the specified amount is above 50 thousand rubles, the documents must be submitted to a court of general jurisdiction (district or city court).
A court decision will be the legal basis for registering a new building with the cadastral authorities and the Rosreestr service, after which the data on the extension will be entered into the Unified State Register of Real Estate, and a separate building can be registered as an independent property.
The status of a legalized type of housing makes it possible not only to avoid liability for unauthorized construction, but also allows you to dispose of these objects at your own discretion - sell to third parties, exchange, rent out for temporary use, etc.
Important notes from lawyers and experts
What nuances must be taken into account when applying for the legalization of extensions or individual buildings of private houses? First of all, even before officially contacting the authorized bodies or the court, you need to make sure that the neighbors agree to the construction of buildings.
This is necessary if the building or extension blocks the view for the owners of neighboring properties or creates other indirect obstacles.
If an extension is erected to a private house, it must be legalized taking into account the requirements of building rules and regulations for the placement of economic facilities - the presence of minimum acceptable distances from neighbors' facilities.
If a utility building is being built on the site, a minimum gap to the nearest residential building must be maintained (usually at least 5 meters according to fire safety requirements).
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