Registration of ownership of a house after construction on your land plot
Content
- 1 Where to begin?
- 2 If you built a house first, how to register it as your property?
- 3 Registration of a land plot if the house is owned
- 4 What documents are required?
- 5 Is it necessary to register a house at all?
- 6 Registration of ownership rights in the MFC
- 7 Differences in the design of a country house
- 8 How much do the services cost?
- 9 Deadline for obtaining title documents
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Owners of a plot of land for individual housing construction (IHC) can build a private house, garage or cottage on it. Those who own land will have to register their house as their property before construction - a mandatory procedure according to the Town Planning Code.
Where to begin?
Before starting construction, it is recommended to go through several stages to complete documents for a private house.
Object type
Depending on what the owner plans to build on his site, the procedure and package of documents will differ. Country house, garage, cottage - each object has its own criteria in accordance with the Land Code of the Russian Federation.
Collection of documents
Without documents, it is impossible to obtain a certificate of registration of ownership. According to the law, registration operations can be undertaken by an official representative of a citizen, who must have a power of attorney certified by a notary disclosing his powers.
Urban planning plan: obtaining a document
Before registering ownership of a house, you must contact the town planning committee. The organization issues owners of land plots on which construction will soon be organized a certificate with the layout of all real estate objects. This needs to be done both for non-residential buildings and for private cottages, for example, a country house in a village.
Obtaining a plan is possible both for an unfinished or under construction building, and for a planned property.
Drawing up a map of the land plot
After drawing up the urban planning plan, in order to properly register the house as a property, you need to obtain a diagram of the construction site. The property owner can draw up the document independently, but it is recommended to seek help from specialized companies.
Home maintenance
When construction is completed, the property is put into operation. To do this, you need to contact the Bureau of Technical Inventory (BTI). The condition does not apply to facilities built before January 1, 2015, when the dacha amnesty was in effect in the Russian Federation, and no permission for operation was required.
When contacting the BTI, the owner will be issued a technical passport after inspection by a cadastral engineer. Next, the property will be assigned a postal address and a cadastral passport will be issued.
Contact Rosreestr
Having the relevant documents in hand, the owner can register ownership of the residential building (or other real estate) that is planned to be built with Rosreestr.
If you built a house first, how to register it as your property?
Registration of ownership of a constructed house is allowed within 6 months from the date of construction. Step-by-step instructions consist of the following steps:
- Contact the Bureau of Technical Inventory . Issuing a passport to your home. If the building is located on a garden plot (or on a SNT plot ), a cadastral passport is required.
- Registration of the declaration . This is a document that includes the geography of buildings on the site. According to the declaration, dacha buildings are registered.
- Obtaining permission to build a property . Relevant for buildings built in 2015 (and earlier) with an individual design solution.
- Contact Rosreestr . To register ownership of a built house, you need to submit all documents to the government agency and wait for the commission’s decision.
- Obtaining a certificate.
Registration of a land plot if the house is owned
When registering rights to a house, the plot must also be registered in the name of the owner. Otherwise, the owner will not be able to dispose of the property. You can register ownership of the land if the built house is already owned within 30 days .
Obtaining rights to a plot with a house includes:
- surveying the territory;
- visit to the Administration to mark the boundaries of the plot;
- an extract from the Cadastral Chamber highlighting the owner’s territory;
- cadastral plan;
- appeal to Rosreestr.
It is possible to register the land under a house as the property of two owners only if each owner applies. In this case, everyone is entitled to a territory depending on the share of the house (for example, 1/2 of the plot, if the property is shared by two owners).
The procedure for registering a land plot for several owners is regulated by the Land and Housing Codes of the Russian Federation . Owners of semi-detached houses (or more) must come to an agreement to speed up the procedure for obtaining ownership of the plots.
If disputes arise regarding shared ownership, the issue is resolved in court. The court also considers other conflict situations (for example, if a house is built closer than 3 meters to the neighbors’ fence ), when issuing certificates for two houses on the site: the old and the new.
What documents are required?
To register ownership you must provide:
- owner's passport;
- title certificates;
- building permit;
- certificate from Rosreestr on the appointment of the owner;
- technical and cadastral passports;
- construction plan;
- check for payment of state duty.
Is it necessary to register a house at all?
A house built on one's own land without a building permit and without documents is not an official piece of real estate. According to the Land Code of the Russian Federation, the owner cannot use it as collateral in a bank and carry out any transactions with the property on the real estate market.
In addition, if a citizen hid from the state the fact of completed construction of a real estate property on his site, he violated another code - the Tax Code. In 2018, the violator faces a fine of 20% of the amount of the debt of the Federal Tax Service over the last 3 years , as well as possible demolition of illegal property (by court decision).
Registration of ownership rights in the MFC
To obtain a certificate through the MFC, a citizen must contact the organization with a standard set of certificates. The service is provided within 20 working days. When registering through the MFC, the fee is paid at the organization.
Differences in the design of a country house
If the house is located on the territory of SNT, the owner cannot use it as a permanent residence. Even if you have rights to a country house, permanent residence in it is allowed only in the summer.
Unlike a private house, permission to build a summer house is not required. Without registering the right, the owner will not be able to dispose of the property on the real estate market.
How much do the services cost?
To register the right to a house, a citizen is required to pay a state fee in the amount of 100 to 2,000 rubles . Additional costs for applying to the BTI or the Cadastral Chamber range from 1,000 to 10,000 rubles. If you urgently need to obtain a certificate, the cost of the service increases by 30-50%.
Deadline for obtaining title documents
The owner can receive the certificate within 10-30 days. The period can be extended to 6 months or more if the process involves litigation (for example, when distributing plots between several owners).