How to easily register a house on a garden plot
Content
To register a house on a summer cottage in 2017 and 2018, you must comply with the new rules and requirements of Federal Law No. 218-FZ. This regulatory legal act combined the state registration procedure with cadastral registration, and from March 2018, any transactions with real estate that is not registered with Rosreestr will be prohibited.
How to register a house as a property
Registration of property rights in relation to a newly erected residential structure occurs according to the rules regulated by Federal Law No. 218-FZ .
You can register a house on a summer cottage plot in 2017, taking into account the following nuances:
- if the dacha amnesty program (it has been extended until 2018), then confirmation of the technical characteristics of the building will be carried out not by filling out a declaration, but on the basis of a technical plan;
- if the previously valid declaration for the object could be filled out by the copyright holder himself, then to obtain a technical plan you need to use the services of a cadastral engineer;
- registration of rights will be impossible without simultaneous registration of real estate with the cadastral authorities of Rosreestr.
To register ownership of a residential building, it is necessary to contact a cadastral specialist immediately after the construction of a residential building.
Obtaining a technical plan for a newly erected building will be carried out with the simultaneous establishment and approval of the boundaries of the land plot under the house.
To receive a completed technical plan, you need to complete the following steps and formalities:
- contact a cadastral specialist and sign a contract agreement;
- submit to the engineer the title documents for the land plot allocated for private construction or other purposes;
- submit technical documentation for the erected structure and outbuildings;
- provide this specialist with unhindered access to the land plot and the constructed house to carry out surveying and cadastral work;
- after completion of the work, sign the final act and receive a completed technical plan for the house and a boundary plan for the land.
Where can I register a residential building? Registration of ownership of a built house on a site is carried out by authorized institutions of Rosreestr, and documents can also be submitted through the Multifunctional Center.
You can also register a house yourself by submitting an electronic application through the government services portal.
How to register two houses on one piece of land
To register ownership of a second residential building on a single plot of land, the copyright holder will need to carry out similar actions to prepare a technical plan through an appropriate specialist.
It should be taken into account that registration of ownership of the second constructed object is possible only if two different technical plans are drawn up for each of the real estate objects.
The cadastral engineer will inspect and formulate the technical parameters of both buildings located on the same plot of land.
In this case, the requirements of building codes, regulations and rules must be taken into account, including fire safety rules on minimum distances between buildings and other structures.
Ownership rights to the second residential building on the land plot will be entered into the Unified State Register of Real Estate in the form of independent information.
In this case, the copyright holder will receive two independent extracts from the state register, after which orders can be made separately for each building.
It must be taken into account that a plot of land must also be registered as an independent accounting unit under each residential building.
Decorating a house on a garden plot
To register a new house on a garden plot, you need to use the rules of the dacha amnesty program, which allows you to register buildings on the specified types of land plots in a simplified manner.
Until December 2016, there was the possibility of state registration of houses located on the area of SNT land plots only on the basis of a declaration for the object.
Now this rule has been canceled; for buildings on SNT sites it is also required to draw up a technical plan.
When registering rights to buildings located on a plot of private household plots or SNT, you need to take into account the following nuances:
- the presence of a residential building on a land plot provided for gardening or vegetable gardening should not violate the legal rights and interests of the owners of adjacent plots, otherwise the ownership will not be properly registered;
- registration of ownership of a constructed residential building in the SNT territories will also be carried out at the institutions of Rosreestr or the Multifunctional Center;
- after the state registration of a built house on a SNT land plot, information about the real estate will be included in the Unified State Register of Real Estate, even if all other plots of the non-profit partnership will still remain unregistered.
To check whether a house is registered on a plot, the copyright holder can at any time order an extract from the state register of the Unified State Register of Real Estate or obtain information online through the Public Cadastral Map.
How to legalize a built house on a plot
Separate nuances exist for registration and cadastral actions in relation to buildings erected without obtaining proper permits.
To register ownership of an unauthorized building, you can use the following methods:
- contact the local authority for approval of the unauthorized structure;
- If the local administration refuses to approve the said unauthorized construction, you can prepare a set of technical documentation for the structure and contact the judicial authorities to confirm ownership.
In order to register an unauthorized building on a land plot, a citizen will need to comply with the rules and requirements of urban planning legislation.
To do this, you need to use the services of a cadastral specialist, carry out the necessary measurements and surveys, and then receive all the necessary documentation.
In what case can a local government authority refuse to approve an unauthorized construction?
Refusal may occur not only if construction codes and regulations are not followed during construction, but also if the intended purpose and permitted type of use of the land plot is violated.
It is almost impossible to change the intended use of land, so such a reason for refusal will be extremely difficult to challenge even in court.
Registration of a house on an individual housing construction plot
It is also possible to register a newly constructed property on an individual housing construction plot according to the rules regulated by Federal Law No. 218-FZ and the Land Code of the Russian Federation.
The first stage of this procedure will be obtaining a plot of land for individual housing construction and the actual construction of the building.
When issuing land for the construction of a private house, a specific period is established within which all construction work must be completed.
If the compensation for the building does not fall within this period, it must be extended in advance in order to avoid difficulties in registering rights to the finished object.
The algorithm of actions for registering rights to a private house and a plot of land for individual housing construction is similar to the procedure for registering and accounting for other objects.
List of documents
To register, a citizen must submit the following set of documentation to the territorial office of Rosreestr or MFC:
- application for registration and registration in Rosreestr;
- permitting documentation for construction (regulatory act of the local government body);
- a document on the legal provision of a land plot for individual housing construction from the municipal fund;
- act of putting the facility into operation, if required under the terms of issuing permits;
- boundary plan for the land plot of individual housing construction;
- technical plan for the constructed residential property;
- BTI certificate on the technical characteristics and inventory value of the object (needed when registering and registering a structure built before 2013);
- the applicant's general passport;
- a payment document confirming payment of the state fee for registration actions.
Until December 2016, a cadastral passport was issued based on the results of registration. After the adoption of Federal Law No. 218-FZ, this document lost legal force, and instead of it, authorized institutions issue an extract from the state register of the Unified State Register of Real Estate.
Registration of land provided for individual housing construction is carried out without an auction, as is required in other cases.
To be able to take advantage of this benefit, you need to confirm that the constructed facility complies with the conditions of the building permit.
Thus, despite certain nuances, registration of ownership of constructed residential buildings on various types of land plots will be carried out according to standard rules.
Certain features are provided only for the approval of unauthorized buildings.
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