Is a garden house a residential or non-residential premises in 2023: determining how a garden house differs from a residential one

Firstly, it is an opportunity to register. Secondly, receive a property tax deduction, that is, return part of the income tax, which is only possible when purchasing residential real estate.

Thirdly, issue a so-called rural electricity tariff, which is approximately 30 percent lower than the urban tariff. Fourthly, when applying for a loan, get a lower interest rate.

Now they also provide loans for non-residential real estate, but at higher rates.

How to convert a garden house into a residential one

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It is necessary to submit an application to the local government authorities, to which a conclusion on the inspection of the house must be attached.

The conclusion is prepared by a legal entity or individual entrepreneur who is a member of a self-regulatory organization for engineering surveys. For example, BTI enterprises throughout the country.

What should be in the conclusion? It describes the site and the house itself, which must meet the basic requirements for a residential building. The decision to recognize a house as residential is made by the local administration, which has jurisdiction over the territory of the gardening or dacha community.

What is the difference between a garden house and a residential one?

A garden house is essentially a non-permanent building intended for temporary residence. Now, as Bednyagin explained, in the Unified State Register of Real Estate, garden houses are designated as “a residential building with a non-residential purpose.” But soon all of them will automatically be renamed “garden houses”.

Dachas higher than three floors cannot be built, but underground floors can be built

A residential building is a separate building that has three above-ground floors. Its height can be no more than 20 meters. A residential building must consist of rooms and auxiliary premises and cannot be divided into separate apartments.

The enclosing structures of the house must have heat-insulating properties that allow living in it all year round. In other words, the walls should not be made of plywood or cardboard, but, for example, logs or bricks. The house must be equipped with engineering systems. This includes water supply, sewerage, electricity, heating.

Also, a residential building must meet the requirements of insolation and ventilation, that is, the people living in it must be warm, light and comfortable.

Apartment owners will be spared double payments for heating

Do not build higher than three

Bednyagin drew attention to the fact that when building new country houses (whether buildings in holiday villages or on lands allocated for individual housing construction), it will no longer be possible to build a dacha of 4-5 or more floors.

Bednyagin clarifies that many people mistakenly think that if the Town Planning Code now specifies the maximum height of a residential building at 20 meters, then it is possible to build at least 6 or 7 floors (at the rate of three meters for each floor). “The height of a floor can be five to six meters, but the above-ground floors themselves cannot be more than three. At the same time, the developer can lay several more floors underground,” he clarifies.

We are talking only about real estate under construction and planned for construction. If the house is already standing and registered as a property, no one will force you to demolish the extra floors.

A residential building must consist of rooms and auxiliary premises and cannot be divided into separate apartments. Photo: Sergey Mikheev/RG

Do it before March 1st

A simplified procedure for registering rights to residential and garden houses is valid only until March 1. It is enough to fill out a declaration for the built house and contact a cadastral engineer who will prepare a technical plan. And submit documents for registration through the public services center.

This procedure is especially relevant for people who have already completed the construction of their home. This will make their life much easier.

And those summer residents who have begun construction of a residential building, but do not have time to complete it before March 1, can submit a notification to the local government about the start of construction.

60 million summer residents live in Russia today, according to estimates by the Union of Gardeners

What does the notice include? In this document, the applicant himself describes the building area, the planned height of the house, and the number of floors. And makes a graphic description of the location of the house on the land plot. The local administration reviews the notification for compliance of these parameters with urban planning regulations.

Lawyers explained the new procedure for paying dacha fees

The notification nature of the document suggests that you don’t have to wait for a summary from local officials. But still, it is better to wait for an answer, so as not to redo what has been built.

After all, it will be possible to register real estate after another notification, which, together with the technical plan, the developer submits to the same administration after completion of construction.

And it is the administration that will send documents to Rosreestr for cadastral registration and registration of property rights.

— There may be such a situation: you started to build a house, but in the process you decided to change the original plan. For example, at first they wanted two floors, but then they decided that three would be better. What is needed for this? Notify the administration, and there will be no problems with subsequent registration,” explains Bednyagin.

What happens if notification is not given?

— If you built a house and did not take advantage of the simplified procedure for registering residential and garden real estate, or sent a notification, then in fact you created an unauthorized building.

This means that the court may oblige you to demolish it or bring it into compliance with urban planning requirements.

The demolition of such a building or bringing it into compliance is done at the expense of the owner of the land plot, emphasized Alexander Bednyagin.

He advises especially taking these points into account when buying a house or cottage. You only need to purchase real estate that is registered.

How to register at the dacha

There are several main criteria for registration in residential buildings located on the lands of gardening or dacha cooperatives, explains Fyodor Mezentsev, executive director of the Union of Summer Residents of the Moscow Region.

The site must be intended for gardening, dacha farming, be located within the boundaries of a populated area, the house must comply with urban planning standards, be recognized as residential, and have a postal address.

Alexander Bednyagin: Demolition of unauthorized construction is carried out at the expense of the owner of the land plot. Photo: Igor Kurashov

New law on gardening: what buildings can be erected

19.02.2018

From 2023, a new law on horticulture* will come into force, which excludes the concept of “dacha non-profit partnership”, leaving only two possible forms of partnerships: horticultural and vegetable gardening. Accordingly, two types of land plots are provided: garden and vegetable plots. Dacha plots will be equivalent to garden plots.

“The horticulture law does not establish any fundamental changes regarding the development of garden plots. But if you are now starting construction on your garden plot, then it is better to know in advance what can be built on this land,” warns the Office of Rosreestr for the Chuvash Republic.

On a garden plot of land you can build:

- garden house for seasonal use. For its placement (construction) it is not necessary to obtain appropriate permits. The concept of “garden house” is being introduced to replace the existing “residential building”. The intended purpose of this building is temporary stay and recreation of citizens;

• - a residential building intended for permanent residence, with the possibility of registration. To build a residential building on such a site, a building permit will be required;
• — outbuildings (including barns, bathhouses and other structures and buildings on a foundation);
• - garages.

On a garden plot of land, you can build outbuildings that are not real estate objects, intended for storing equipment and agricultural crops. That is, lightweight buildings that can be easily moved, rearranged, disassembled and reassembled.

1. The construction of capital construction projects on a garden plot, according to the new law, is allowed only if such land plots are included in the territorial zones provided for by the rules of land use and development, for which:
2. — town planning regulations were approved;
3. — limit parameters for permitted construction have been established.
4. That is, the possibility of building a permanent house will depend not only on the type of permitted use of the land plot (garden or vegetable garden), but also on the town planning regulations that establish the maximum parameters for such construction.

The Office of Rosreestr for the Chuvash Republic also notes that replacement of previously issued documents will not be required. This replacement can be carried out at the request of the copyright holders.

Thus, buildings located on garden plots of land, information about which was entered into the Unified State Register of Real Estate before 01/01/2022 with the designation “residential”, “residential building”, are recognized as residential buildings.

Buildings and structures with a “non-residential” purpose, seasonal or auxiliary use, intended for recreation and temporary stay of people, which are not outbuildings and garages, are recognized as garden houses.

Garden House Is It A Residential Building Or Non-Residential Building In 2023

23 of the RF Housing Code and is exhaustive. For transfer, the applicant (owner of the apartment) submits to the local government: If these documents have not been submitted, the local government independently requests them from the relevant authorities.

However, in order to do this, it is necessary to meet a number of important conditions; the fundamentally important thing is that you cannot register in any garden building, but only in one that is suitable for habitation, recognized and located on the lands of a populated area.

Recognition of a garden house as residential and residential garden from January 1, 2023

a) an application for recognition of a garden house as a residential building or a residential building as a garden house , which indicates the cadastral numbers of the house and land plot on which the house is located, the postal address of the owner or the email address of the owner, as well as the method of obtaining the decision. Options: by Russian Post, to an email address, receipt in person at the MFC or at an authorized local government body);

There is no legal requirement to make changes to the Unified State Register of Real Estate in terms of the name of the property in connection with a change in its name. There is also no need to change the certificates. But if this is important to you, then technically it is possible.

To do this, contact the MFC. But remember that certificates have not been issued for several years. Ultimately, you will change the name in the USRN record.

Thus, when you subsequently receive extracts from the Unified State Register of Real Estate, in the object name column you will see the current name of your property.

Transfer of a non-residential building to a residential building, changes in 2023

Housing Code of the Russian Federation): application for the provision of public services; identity document (its copy); title documents for the premises; redevelopment plan; floor plan of the house, if it has more than 1 floor; technical plan of the premises. Registration of a house under the dacha amnesty Only the following can apply for registration under the amnesty:

At the same time, you have the right to convert a garden house into a residential one only if you are its exclusive owner.

The document provided for in Part 5 of this article confirms the completion of the transfer of the premises and is the basis for using the premises as residential or non-residential premises, unless such use requires its reconstruction, and (or) redevelopment, and (or) other work.8.

In the case where a citizen has nowhere else to live, but there is an opportunity to register at a dacha, then the procedure for registering ownership of the dacha should be carried out and it should be re-registered as a residential building.

Read also: Insurance of a dacha: features of registration of insurance Documentation To implement the procedure for converting a dacha into a residential building, you will need to collect a certain package of documents.

These include papers that have a technical purpose.

The procedure for converting a non-residential building in SNT into residential

Please note that not all plots that are in a garden or dacha partnership, as well as farming and horticulture, have the opportunity to change the purpose for individual construction. This may be due to the fact that the municipal authorities have ownership rights regarding real estate.

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It is possible to convert a dacha into residential premises if certain conditions are met. They relate to land plots and country houses.

In particular, the requirements for a land plot are related to the category to which the plot belongs. It is imperative that these are lands related to populated areas.

If the non-residential premises are located on a site that is classified as agricultural land, then before converting the dacha into a residential building, you will need to transfer the land from one category to another.

The land in gardening partnerships must be located in the zone where buildings with residential purposes are being erected. Please note that only a few uses are permitted, these include:

Step-by-step guide to converting a garden house into a residential one in 2023: list of documents

Attention! Each situation is individual and requires a special approach. In order not to make a mistake with the choice of requirements and the wording of the application, contact our lawyer for help - the chat window is in the lower right corner of the screen.

The project of the Ministry of Construction for the conversion of garden buildings into residential ones stipulated the need to form a commission for the inspection. The task of the project commission is to determine that the building complies with all legal requirements.

To simplify the transfer of garden buildings to residential buildings, the legislator replaced the commission’s visit with the presentation of a ready-made technical report to municipal staff.

Now it is the applicant’s task to confirm the proper technical condition of the house.

A garden house is a residential or non-residential premises

• Structural elements and fences must ensure the safety of the property of the owners and must not threaten their lives.
• All main communications must be connected (electricity, water, sewerage, gas, and so on). In some regions where it is not possible to supply, for example, gas or sewerage, this requirement may be partially ignored.
• The temperature inside a residential building in winter should not fall below 18 degrees.
• The air humidity inside the house should not be higher than 60%.
• The plot and the house itself must be registered as private property.
• There should be no encumbrance placed on the house and the plot.

• Expert opinion regarding the condition of the house.
• Application to the MFC or local administration (filled out on site).
• Passports of all property owners.
• Notarized consent of all property owners to change its status.
• Permission from the guardianship authorities if there are minors among the co-owners.
• Extract from the Unified State Register of Real Estate.
• Technical passport and cadastral passport.
• Legal documents.

Residential building or garden house in St. 2023

In addition, on a summer cottage you can build a residential building intended for permanent residence. Innovations will also affect the principles for calculating regular contributions aimed at realizing the goals of the partnership. Among other things, officials identified the areas on which these funds could be spent.

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But for this it is necessary to have in hand a court decision that the residential building erected on the site belongs to a capital construction project and is suitable for permanent residence. In 2023, the procedure for obtaining residence permits and registering property will be the same.

Residential house on a garden plot: difference from a garden house, construction, conversion of a garden house into a residential one

1. Territorial zone. According to paragraph 2 of Art.

23 217-FZ, the construction of capital construction projects on garden land plots is permitted only if such land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved that establish the maximum parameters for such construction.

For example, a garden plot of land is located in the territorial zone CX-1 - Gardening Zone, but the land use and development rules in this zone do not provide for the construction of capital construction projects, so it will not be possible to obtain permits for construction.

According to Art. 15 Housing Code of the Russian Federation, Art. 4 of the Regulations, residential premises are recognized as isolated premises, which are intended for the residence of citizens, are real estate and are suitable for living, meeting established sanitary and technical rules and regulations, and other legal requirements.

From January 1, 2023, a garden house can be recognized as residential

Let us note that residential buildings are subject to taxation under the property tax of individuals (subclause 1, clause 1, article 401 of the Tax Code). At the same time, houses and residential buildings located on land plots provided for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, and individual housing construction are classified as residential buildings (clause 2 of Article 401 of the Tax Code of the Russian Federation).

The Government of the Russian Federation adopted a resolution dated December 24, 2018 “On amendments to the Decree of the Government of the Russian Federation dated January 28, 2006 No. 47” 1. The relevant information is published on the official website of the Government of the Russian Federation.

According to this document, a garden house can be recognized as a residential building, and a residential building as a garden house by decision of a local government body in a simplified application procedure.

The possibility of such recognition is provided for from January 1, 2023 in connection with the adoption of the Federal Law of July 29, 2017 No. 217-FZ “On the conduct of gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation.” The above document adopted by the Government of the Russian Federation establishes the procedure for such recognition.

How to register residential and non-residential buildings on a land plot in 2023

Before filing a claim, it is necessary to obtain the support of regulatory authorities. This means that you will need to obtain documents from the sanitary service that the house meets the standards, and that all safety standards have been met.

1. In your hands when visiting the center in person;
2. By mail;
3. By email.

1. A technical passport, if it does not exist, must be ordered, taking into account the timing of its production;
2. Cadastral passport;
3. Receipt of payment of the duty;
4. Make a statement.

Transfer of a country house from non-residential to residential 2023

Submit a claim and copies of documents to the court located at your place of residence.

Stage 4. Participate in court proceedings. Think over the evidence base, justify your demands, then the court will be on your side.

Stage 5. Receive cadastral and technical documentation for the house.

Stage 6.

1. Step 1. Collection of the documentation package.
2. Step 2. Writing an application to local authorities.
3. Step 3. Receive a written response from administration representatives. The answer usually comes within 1 month.
4. Step 4. Re-registration of documents at the Cadastral Chamber. Usually a new technical passport is issued for the house.
5. Step 5. Register the document with Rosreestr and receive an extract from the Unified State Register of Real Estate, confirming your rights to the house.

How to convert a non-residential building into residential in SNT in 2023

How to transfer a country house into a residential one. Within a month from the date of receipt of the documents, the local council must decide whether to transfer the country house or garden house to a residential one or to refuse. All requirements for residential premises are fixed at the legislative level.

The Tax Code of the Russian Federation defines the tax base for a residential building as its cadastral value, reduced by the cadastral value of 50 square meters. m of the total area of ​​this residential building. In accordance with paragraph 2 of Art.

406 of the Tax Code of the Russian Federation, in the case of determining the tax base based on the cadastral value of the taxable object, tax rates are established in amounts not exceeding 0.1% in relation to residential buildings and residential premises.

How to convert a non-residential building into a residential building in 2023

SNT can be downloaded here.

The procedure for registration for individual housing construction The procedure for transferring an SNT plot to an individual housing construction is as follows: The owner of the plot collects a package of documents and, together with the application, submits it to the administration of the locality at the location of the land plot. The administration considers the application within two months and makes a decision, drawn up in the form of an act. on the transfer of a land plot from one category to another or an act of refusal to transfer. Within 14 days from the moment the decision is made, the act is sent to the interested person. In case of a positive decision on the basis of the act, changes can be made to the cadastral characteristics of the plot. In case of refusal and disagreement with it, the interested person has the right appeal the authorities' decision in court. How much does it cost? Formally, transferring land from one category to another does not require payment.

You should start by obtaining a certificate from SNT stating that you are the owner of the site and there are no other applicants. Based on this certificate, the local administration issues a document stating that the plot is owned.

Around the clock. On a garden plot of land, the construction and reconstruction of a residential building, outbuildings and structures is allowed, and on a dacha plot - a residential building or a residential building, outbuildings and structures.

If the right to build is registered in the Unified State Register, an application and a redevelopment project will be sufficient, if required to comply with the standards. If you believe that a mistake was made in assessing the cadastral value, then you can challenge the cadastral value of the property in court.

How to convert non-residential premises into residential ones

• if the site is located close to the border of the functional zone, which is provided for by the general plan;
• planning the intended purpose of these lands in the future as a reserve for the development of a settlement.

According to Article 288 of the Civil Code, the owner has the right to use and dispose of residential premises in accordance with the intended purpose.

We’ll tell you in the article how to change the purpose of this room.

Unregistered garden and country houses will be recognized as unauthorized buildings from March 1, 2023

To involve unregistered real estate in tax turnover throughout the region, executive groups have been created, which include representatives of the Federal Tax Service, local governments, the Ministry of Property Relations, the media, MOBTI employees, deputies, and police officers.

When walking around the territory, the groups inform citizens about identified unregistered real estate properties, distribute notifications, and explain the procedure for registering properties and determining the tax base.

Historically, citizens did not need to obtain a commissioning permit to register individual housing construction - this is the essence of the “dacha amnesty.” To register cottages and garden buildings, it was also not necessary to obtain a building permit.

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What is the difference between a residential house, a garden house and an outbuilding?

What is the difference between a residential house, a garden house and an outbuilding?

On plots for individual housing construction, private household plots, garden plots (since 2023, summer cottage plots will become garden plots), you can build residential buildings and outbuildings, and on garden plots, accordingly, also a garden plot. What is the difference?

House:

• Purpose: Permanent residence;
• Restrictions: No more than three above-ground floors and no more than 20 meters, division into apartments or separate buildings is impossible without reconstruction;
• On what areas is construction possible: On garden (dacha) plots, on individual housing construction, on private household plots in populated areas;
• Registered in the cadastral register: As a residential building;
• Advantages: Possibility of registration at the place of residence;
• Disadvantages: Higher taxes.

Garden house:

• Purpose: Seasonal use, temporary stay;
• Restrictions: In accordance with the Land Use and Development Rules;
• On which areas construction is possible: On garden (dacha) plots;
• Registered in the cadastral register: As a non-residential building;
• Advantages: Lower taxes;
• Disadvantages: Impossibility of registration at the place of residence.

Outbuilding:

• Purpose: Auxiliary, household needs;
• Restrictions: In accordance with the Land Use and Development Rules;
• On what sites is construction possible: On garden plots, summer cottages, on individual housing construction, on private household plots in populated areas;
• Registered in the cadastral register: As a non-residential building;
• Advantages: For accounting, only a Technical Plan is required;
• Flaws: -

More details on the page: https://cadastre.moscow/link/sd 

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Residential house on a garden plot: difference from a garden house, construction, conversion of a garden house into a residential one

On January 1, 2023, the new 217-FZ “On Gardening by Citizens...” came into force, which significantly changed the lives of gardeners, including in the area of ​​placing residential buildings on garden plots.

And now more details...

The concept of a residential and garden house and their differences. Residential building

217-FZ introduces a new concept of a garden plot of land - a plot of land intended for recreation of citizens and (or) cultivation by citizens for their own needs of agricultural crops with the right to place garden houses, residential buildings, outbuildings and garages (clause 1 of Article 3 217 -FZ).

At the same time, all land plots with such types of permitted use as “for gardening”, “for gardening”, as well as “dacha land”, “for dacha farming”, “for dacha construction” become equivalent and are recognized as garden land plots (clause 7 of article 54 217-FZ).

It follows from this that the owner of a garden plot of land has the right to place on the plot his choice: a garden house or a residential building.

Until 2023, gardeners were allowed to build only residential buildings on plots without the right of registration (registration), and therefore without the right to permanently reside in them.

With the entry into force of 217-FZ, buildings located on a garden plot, registered in the Unified State Register of Real Estate, as a “ residential building ”, “residential”, are recognized as residential buildings.

Consequently, since residential buildings have been recognized as residential buildings, the owners have the right to register in them at their place of residence.

At the same time, documents for residential buildings do not need to be reissued (clause 9 of Article 54 217-FZ).

The Town Planning Code of the Russian Federation also equalized the concepts of “individual housing construction object”, “residential building” and “individual residential building” (Clause 39, Article 1 of the Civil Code of the Russian Federation).

Also, Article 16 of the Housing Code of the Russian Federation, which contains a list of types of residential premises, does not classify a garden house as residential.

A garden house is only a building for seasonal use, intended to satisfy citizens' household and other needs related to their temporary stay in such a building (clause 2 of article 3 of 217-FZ).

Therefore, you cannot register in garden houses.

Construction of a residential building on a garden plot

According to Art. 1 of the Town Planning Code of the Russian Federation, an individual residential building has the following features:

• Detached building (i.e. not an annex)
• Number of ground floors – maximum 3;
• Height – up to 25 meters;
• Availability of rooms and auxiliary premises;
• Not intended for dividing into parts of a residential building.

The construction of a residential building on a garden plot does not differ from the construction on a land plot intended for individual housing construction, with the exception of the following points:

1. Territorial zone. According to paragraph 2 of Art.

23 217-FZ, the construction of capital construction projects on garden land plots is permitted only if such land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved that establish the maximum parameters for such construction.

For example, a garden plot of land is located in the territorial zone CX-1 - Gardening Zone, but the land use and development rules in this zone do not provide for the construction of capital construction projects, so it will not be possible to obtain permits for construction.

TIP: To find out in which territorial zone the land plot is located, you need to order an urban planning plan for the land plot (GPZU) from the local government - free of charge, period - 1 month. or an extract from the information system for supporting urban planning activities (extract from ISOGD) - usually for a fee (up to 1000 rubles), period - up to 1 week.

2. Extension of the dacha amnesty. Since August 2018, there is no requirement to obtain permission to build a residential building. Instead of a construction permit, it is necessary to receive a notification about the compliance of the planned facility and subsequently a notification about the compliance of the constructed facility with legal requirements.

But in connection with the extension of the second dacha amnesty until March 1, 2021 , owners can register existing houses in a simplified manner without sending a notification to the administration and complying with the requirements of the town planning regulations (Part 12 of Article 70 218-FZ). Cadastral registration and registration of ownership of a residential building will be carried out on the basis of a technical plan and declaration.

Residential house or garden house: will be determined by the new law

On January 1, 2023, a new law on gardeners comes into force - Federal Law No. 217-FZ of July 29, 2017 “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation” (hereinafter referred to as Law No. 217-FZ). The new law not only makes changes to the relationship between gardeners and partnerships, but also determines what buildings can now be built on garden plots.

From January 1, 2023, there will be no more summer cottages; all of them will essentially become garden plots.

Such types of permitted use of land plots as “garden land plot”, “for gardening”, “for gardening”, “dacha land plot”, “for dacha farming” and “for dacha construction”, contained in the Unified State Register of Real Estate and specified in title or other documents will be considered equivalent.

Land plots for which the following types of permitted use have been established: “garden land plot”, “for gardening”, “for gardening”, “dacha land plot”, “for dacha farming” and “for dacha construction”, are garden plots land plots.

• A garden plot of land is a plot of land intended for recreation of citizens and (or) cultivation of agricultural crops by citizens for their own needs with the right to place garden houses, residential buildings, outbuildings and garages (clause 1 of Article 3 of Law No. 217-FZ).
• If the ownership of a building located on a garden or dacha plot of land was registered before January 1, 2023 with the designation “residential”, “residential building”, then from this date such buildings are recognized as residential buildings .
• If a building erected on a garden plot of land was registered in the Unified State Register of Real Estate before January 1, 2023 with the purpose of “non-residential”, seasonal or auxiliary use, intended for recreation and temporary stay of people, but it is not an outbuilding and a garage, with 1 January 2023 it is recognized as a garden house .

A garden house is a building for seasonal use, intended to satisfy citizens’ household and other needs related to their temporary stay in such a building.

A garden house can be recognized as a residential building, a residential building can be recognized as a garden house in the manner prescribed by the Government of the Russian Federation (Part 3 of Article 23 of Law No. 217-FZ).

Lawyer Svetlana Evgenievna Zhmurko

What is the difference between a garden house and a country house?

dimaberkut/Depositphotos

Alexander Bochko, CEO of inteq.haus, answers:

There is very little left before the new dacha law (Federal Law No. 217-FZ “On the conduct of gardening and vegetable gardening by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation”) comes into force, so it is worth talking not about current, but about new norms .

According to the new law, there will be only two organizational and legal forms of the communities being created: a gardening non-profit partnership and a gardening non-profit partnership.

On the garden plot it will be possible not only to build a modern house for year-round living, but also, accordingly, to register in it.

It will still be impossible to do this in a garden plot.

Is it possible to build a store in SNT?

Capital construction projects (houses, bathhouses, garages, etc.) must be registered with Rosreestr. To do this, you need to call a cadastral engineer who will prepare a technical plan for the construction with its coordinates to the site and a complete package of documents for registration.

The director of the legal service “Unified Center for Protection” (edin.center) Konstantin Bobrov answers:

There is, in fact, only one difference: you can register in a country house, but not in a garden house (the very concept of a garden house is introduced in Law FZ-217, which will begin to regulate these relations instead of the current law “On Gardening” from January 1, 2023) .

More precisely, it is still possible to register in a garden house, but through the court. Because the purpose of garden houses is non-residential. The law determines that garden houses are intended for seasonal use, although they are capital and with amenities.

And in a number of regions, citizens still live there year-round, remaining registered in city apartments.

As for the question of whether it is worth registering a house, the advantages of the “yes, it is worth” decision are much greater than the opposite. Registered property rights provide a number of advantages, such as independent disposal of your property, inheritance, sale (and at a much higher price).

Is it possible to register in a house in SNT?

What should I know when buying a dacha in SNT?

Yulia Dymova, director of the Est-a-Tet secondary real estate sales office, answers:

Any buildings erected on land plots are subject to mandatory registration. In the absence of it, the buildings are considered unauthorized buildings, the only exception being outbuildings. SNT and dacha are identical concepts; both are usually located on agricultural lands.

Oleg Kuzkin, development director of the architectural and construction company Domix, answers:

There is essentially no difference between lands for summer cottage construction and lands for gardening.

These lands are classified as agricultural lands and are intended for citizens to grow agricultural products, build a seasonal or residential home and for recreation.

Both on dacha and garden lands, people can build a permanent warm house in accordance with the requirements of the local administration and live in it not only in the summer, but also at any other time of the year, if it is so convenient for them.

These forms were used precisely on lands for dacha construction. Today, the authorities do not divide gardening and dacha partnerships into different categories and work with them in the same way.

Regardless of the form of management, there is a chairman everywhere - the administration - and everything else (medical center, shops) appears on the initiatives of land owners or other coincidences.

Moreover, from January 1, 2023, dacha forms of government will be abolished and will be transformed into garden non-profit partnerships. And there will be only two types of land: for gardening (in SNT) and for vegetable gardening (in ONT). Their main difference will be the ability to build a house. You cannot build a house on vegetable gardens.

It is noteworthy that since August of this year there has been an obligation to register any new house under construction. You can register all previously built houses both in SNT and on any other land until March 2023. If the house is not registered, it will be considered an unauthorized construction.

What rights and responsibilities do land owners have?

Is a permit required to build a shed or garage on the property?

Dmitry Stepanov, General Director of the Udacha company, answers:

Federal Law “On gardening, gardening and dacha non-profit associations of citizens” dated April 15, 1998. No. 66-FZ does not contain definitions of “garden house” or “country house”. However, he distinguishes between the concepts of “garden plot of land” and “dacha plot of land”.

Thus, on a garden plot it is possible to grow garden, fruit, berry and vegetable crops, as well as to erect residential buildings without the right to register in them.

A dacha plot, on the contrary, first of all provides for the right to erect a residential building, including the right to register residence in it and the right to grow the above-mentioned garden and berry crops.

"A successful union." Our house: residential or garden?

05.02.2022

The questions of Tyumen gardeners are answered by Alexey Sergeevich Kucherov, chairman of the interregional branch of the Union of Gardeners of Russia in the Tyumen region, Khanty-Mansi Autonomous Okrug - Yugra and Yamalo-Nenets Autonomous Okrug, member of the Public Chamber of the Tyumen region, head of the regional party project of the United Russia party “A gardener’s home is the support of a family.”

“Several years ago, we bought a plot of land in the suburbs of Tyumen and built a house on it, in which we shelter from the rain in the summer and sometimes spend the night. However, as it turned out, and which we did not pay attention to at first, our plot has the status of a vegetable garden. Does this mean that under the new law we will be forced to demolish our house?! Moreover, similar houses were built in almost all of our neighbors...

Natalya Ivashchenko, Tyumen."

“On my site in SNT, I built a small log house with a summer attic made of boards. We only use the house in the summer. According to the new law, what is this: a garden or a residential building? If the need arises, is it possible to register in a garden house, or is registration only possible in a residential one? If it is less than 50 m2, you once wrote that you do not need to register it, is that true?

M. Mylnikova, Tobolsk.”

— Let me remind you that with the adoption of the new law 217 Federal Law, only two concepts remained in the legal field - horticultural (ST) and vegetable gardening partnership (OT), and, accordingly, you can have either a garden or a vegetable plot.

And, as I have already drawn the attention of readers, only until March 1, 2023 is there a simplified procedure for registering ownership of houses built on the lands of garden societies.

Why do I specify “garden”? Let me remind you that in gardening partnerships, with the entry into force of Law 217 Federal Law, the construction of both residential and garden houses is PROHIBITED.

Actually, the answer to the first of the questions asked depends on this - whether as of January 1, 2023, the Unified State Register of Real Estate has this information for construction or not.

Only outbuildings intended for storing equipment or harvested crops can be erected on a garden plot.

You need to understand that these outbuildings will never be recognized as real estate and it is impossible to register ownership of them.

However, attention! If you built the object before the new legal regulations came into force, that is, before January 1, 2023, and the ownership of it is duly registered, you should not worry, since the law has provided for such cases, and your right will continue to exist.

If the ownership of the building has not been formalized, you, unfortunately, have no other choice but to try to act through the court. From now on, I advise all potential landowners to be very careful when purchasing land. Pay attention to what is indicated in the documents: you are purchasing it from a gardening or horticultural society.

Now about the concept of “residential building”. Today it corresponds to the concept of “individual housing construction object”.

By law, this is a separate building, which has no more than three ground floors and a height of no more than 20 meters, consists of rooms and auxiliary premises intended for domestic needs.

The house must meet the requirements of insolation and ventilation. Moreover, such a house cannot be divided into separate apartments, however, according to the new law, only one family may not necessarily live in it.

If your house is currently included in the Unified State Register of Real Estate with the designation “residential building”, then according to the new terminology it will be a “residential building”. You can connect gas and other communications to it, as well as register and live year-round.

In addition, a residential house on a garden plot is subject to the Tax Code, and if you officially purchase such a house, you can legally count on a property tax deduction! And one more important point: reduction coefficients apply to the power supply of residential buildings, but only - I emphasize! — in the event that the networks within the company are transferred to a network company.

A garden house, unlike a residential one, is intended either for seasonal or auxiliary use and temporary residence. An example of a classic garden house is non-insulated panel houses, massively erected by summer residents in Soviet times on their six hundred square meters.

That is, this is a simpler structure, and registration in it in many Russian regions was and remains impossible today. However, Tyumen residents were lucky. Thanks to our previous governor V.V. Yakushev, with the support of A.A.

Moor, who was the head of the city at that time, a “pilot” project to allow registration in SNT has been operating in Tyumen and the region for several years. As a result, many managed to register in their garden houses.

The new law does not yet provide for such a possibility, but today negotiations are already underway with the leadership of the Ministry of Internal Affairs, whose department includes the issue of registration, and we hope for a positive solution.

Don't worry about the change in terminology, as the law makes it clear that copyright holders do not need to do anything about it and re-register. How your property is decorated, let it remain with the same wording.

Re-registration is carried out only at the request of the owner or at his first request in connection with the sale or other possible changes.

If today you are not satisfied with the status of your home, then, based on the Decree of the Government of the Russian Federation dated January 28, 2006 N 47 (as amended on December 24.

2018), you can achieve that your garden house is recognized as residential or, conversely, a residential house is recognized as a garden house.

This occurs on the basis of a decision of the local government body of the municipality within the boundaries of which your property is located. The procedure and conditions for the transfer are described in detail in the aforementioned resolution.

The second reader did not indicate in her question whether the house on the site has official registration, but if it does not, you now need to try to carry out this procedure in the month remaining until March 1! This will save your time and money, since if you do not have time to do this on time, there is a possibility that you will then have to register your property rights through the court. The procedure is simple: you order a technical plan of your house from a cadastral engineer, fill out a declaration, and then submit documents to Rosreestr through the MFC (see diagram).

If your log house, as you write, has the properties necessary to be recognized as residential (we talked about them above), you can register it as residential so that in the future there will be more opportunities for its legal use.

However, without giving the property official status, without registration, you will no longer be able to legally install electricity or gas into your home, carry out its reconstruction, or obtain registration; problems may arise even in the event of a sale.

And it is also important to understand that if your finished or under construction house has not yet been registered and you do not take advantage of the simplified procedure for registering it as property, or you are building a house without sending a notification to the local government, then by law your property after March 1, 2023 will be actually be an unauthorized construction! And this threatens you with the fact that the court may oblige you to either bring the building into compliance with urban planning requirements (and this often turns out to be very expensive or even practically impossible), or to demolish it altogether. Moreover, the demolition of an unauthorized building or bringing it into proper shape is carried out at the expense of the owner of the land plot! At the moment, you still have time to submit a notification through the MFC about the start of construction or reconstruction of your buildings; whoever needs this, I advise you to hurry up!

In conclusion, I would like to once again remind you of another important point - determining the boundaries of your land ownership. A site may even have an address, but if boundaries are not established, its exact location remains officially unknown.

And although the law does not categorically oblige this, such a step is necessary to obtain the legal status of your property and, accordingly, protect your rights to it in full! By the way, don’t forget about our new Gardening and Vegetable Gardening Support Center - here you can get competent advice and professional help (including on a paid basis). We plan to hold special consultations on these issues, given their relevance, as well as possible misunderstandings and even misleading gardeners, on Wednesday, February 13, from 15-00 to 18-00.

Address of the interregional branch of the Union of Gardeners of Russia: Tyumen, st. Ordzhonikidze, 7, 1st floor (entrance from the courtyard).

Consultations can be obtained:

• first Thursday of the month - reception of gardeners on issues of property relations at the address: Tyumen, st. Sacco, 30, appointment by phone (3452) 69-01-79, internal 15-17;
• second Thursday of the month - reception of gardeners for all questions at the address: Tyumen, st. Vodoprovodnaya, 36, room. 6, from 15-00;
• last Wednesday of the month - reception of chairmen and members of the board of companies - from 16-00 at the address: Tyumen, st. Ordzhonikidze, 7;
• the last Friday of the month - the chairman of the interregional branch of the Union of Gardeners of Russia, A.S., answers gardeners’ questions. Kucherov - from 16-00 to 17-00 by phone (3452) 38-18-12.

Page of the Union of Gardeners of Russia "VKontakte", questions can be sent by email [email protected] .

Read in full: https://ti.ru/articles/24976