How to translate the garden house into a residential home in 2023: requirements for whether it can be moved to sleep

The new Daughter Act and its accompanying regulations will double the mandatory expenses of the Daughters and complicate the registration of houses in gardens.

However, the promised solution to the issue of propiska in the garden houses never happened.

ru experts talk about how the life of the Daughters will change on 1 January 2023 and what needs to be done before that date.

The basic provisions of Act No. 217-FZ (of 29.07.17) "On the management of horticulture and horticulture by citizens for their own use" will be effective from 1 January 2023 (the rules of the law relating to water wells have already entered into force, but this is as follows).

At the time of the discussion of the draft law, the representatives of the State Duma had repeatedly stated that the law would set out clearly the rules for the registration of buildings in orchards and gardens, as well as the possibility of a prescription on long-term plots; none of that was in the final version of the law.

Today, even the drafters say that the main innovation is a purely formal change of terms, plus clarification of purely procedural questions about membership in garden partnerships, voting, etc.

The new law abolished most types of gardener associations, leaving only two forms: horticultural non-profit partnerships (NCTs) and garden non-profit associations (NTTs), and there is no time frame within which existing associations of gardeners should carry out their own renaming. All associations and other associations may exist with their founding documents for as long as possible. If a daddy or gardening association changes its papers, it is automatically renamed SNT.

It should be clarified that only the lands of garden partnerships can permit the construction of capital houses (which can be registered accordingly).

How to register a dwelling under a new law

As METRTV.ru previously explained, it is only possible to build a private dwelling (with the possibility of a propiska) today on a section of the "land of settlements" category with the permitted use of "individual housing" (IWV) or "personal support farm" (PLC), as well as on land for agricultural use with the permitted use of "good construction".

According to the 217-FZ on garden land (on the territory of the ONT), only economic buildings intended for the storage of equipment and crops can be built; housing - temporary or capital - cannot be built; economic buildings on the lands of the TNT need not be registered.

According to 217-FZs, you can build a garden house for seasonal residence or a residential building, a capital building in which a propiska is possible.

23 of the new Act states that a capital home can be built in the SNT only if the land is included in the "territorial zones for which urban regulations setting limits for such construction have been approved".

So the possibility of building a capital home will depend not only on the authorized use of the land, but also on the gene plan approved by the municipality.

According to lawyers, there is a rule on the possibility of capital construction only in the areas concerned (G-1, J-2, etc.) also in the current Law 66-FZ, but in fact it does not work. The municipalities and the registration authority focus mainly on the status of the land and the authorized use.

Moreover, if the regulation actually worked, it would not be possible to build gardens at all, since there were no urban regulations for such areas.

However, it is hoped that the necessary changes to the law or regulations will be made before the entry into force of the 217-FZ.

However, all experts come together in one — the owners of built and registered houses have nothing to fear.

The entry into force of the new law will not affect any of the buildings that have already been registered. Their status will not change at all. However, both today and after the entry into force of the law, owners must register all capital buildings (which are on the foundation). Even tax-free housing units with an area of less than 50 square metres are registered. Anything that is not registered in the cadastre is outside the legal field. However, if the cost of registration was 200-400 roubles, since 1 January 2017, due to the need to draw up a technical plan for the facility (through the BTI or the cadastral engineer), the cost of registering the dwelling in the garden has increased to 8,000-2,000 roubles.

The entry into force of the new Law of Domain further increases the cost and complexity of the registration of a dwelling in the SNT.

The most interesting thing about the new law is that a building permit will have to be applied to the cadastre account of a dwelling built on agricultural land (art. 217-FZ, art. 45, para. 4). It is now sufficient to have a technical plan for the house (which is made up by the BTI or the cadastral engineer), so whoever is building a garden house today, recommending registration of the house now – until such time as a building permit is required.

It should be noted that the construction permit is formally required even before the 217-FZ enters into force. In March 2018, the "good amnesty" was completed and the building permit became mandatory for registration of a house built on a land on which the land is used for agricultural purposes.

The problem for the president of the Sverdlov branch of the Union of Gardeners of Russia is that today no authority authorizes the construction of agricultural lands. In the district and city administrations, such papers are only given for the lands of the IJS. Sadovods, who are now starting construction, are forced to work without a building permit, but when the building is completed, the "good amnesty" and/or the 217-FZ will come into effect. That is, the Cadastrian House will already require a building permit. It is not the fact that the Daughter will be able to obtain this paper because the house has already been built without a permit, which means that it will not be possible to register (in accordance with all the laws and regulations), although it remains to be hoped that municipalities and legislators will develop a mechanism in the coming months to get the Daughter out of the described situation.

Previously, the METRTV.ru portal had published a step-by-step instruction to record and register ownership of a private home on the lands of the ISS.

Law 217-FZ specifically stipulates that all housing is prohibited on the lands of gardening non-profit partnerships (NTBs). Only economic buildings can be built there, but today there are gardeners ' associations on the lands where the houses have been legally built. If the owners of such houses have not yet registered them, they must hurry. If they are able to legalize the dwellings on the garden land before the law comes into force, they will continue to maintain their official status, but I will repeat, it is only a matter of buildings built in accordance with the law.

How to Write in a Garden House Under a New Law

The authors of Act 217-FZ have repeatedly stated that their law will make it possible to regulate the registration of a house built on a garden site.

In particular, it was stated that today only a court order, which must recognize the house as capital, suitable for permanent residence, was required to sign for a gift.

With the adoption of the new law, a propiska in a residential home on the lands of the SNT will be self-explanatory... but the final version of the new tutelage law does not say anything about a propiska.

President of the Sverdlov branch of the Union of Gardeners of Russia In the new law there are no regulations on the registration (registration) of citizens in dwellings built in gardens, but only hope that this will be taken into account in additional acts.

Why the new law would double the mandatory expenses of gardeners

With the entry into force of 217-FZ, all gardeners' contributions will have to go through an account. The transfer of cash to the chairman of the partnership is prohibited. Only the transfer of cash through a bank operator, an ATM or an Internet bank is prohibited.

Lawyer, President of the Union of Gardeners of Yekaterinburg, the new law forces gardeners and gardeners to make their payments without pay. People are afraid of it. They will have to pay a commission for the transfer. In addition, under such conditions, the president will no longer be able to handle the affairs himself. The new law will have to hire an accountant on salary, which means that the cost of the partnership will increase. The calculations show that after 1 January 2023, the membership fees will double. In some partnerships, the membership fees (without special purpose) may reach 20,000 roubles per year.

However, according to Hope Loktionov, the extra expenses of the Daughters will increase the tax increase, but it is not tied to the new Law, but in fact the tax burden will rise in parallel with the entry into force of 217-FZ.

Lawyer, President of the Union of Gardeners of Yekaterinburg at the end of 2018, the Daughters will receive tax notices with new amounts; if today the land tax for the fare, garden and garden plots is calculated at 0.15 per cent, the next year the calculation will be at 0.3 per cent.

The law will allow for the transfer of garden plots to LJS lands

According to article 12, paragraph 1, of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women,

54 of the Act 217-FZ, if the garden partnership is within the boundaries of the settlement and all the houses in it are recognized as residential, the owners, through an appeal to the local administration, seek to change the status of the lands on which the SNT is based to the lands of the built-up areas with the authorized use of the ISS, in which case the SNT becomes a partnership of the owners of the dwelling and lives in accordance with the rules of the Housing Code.

The experts note, however, that, first, without the relevant by-laws, the scheme described will not work and, secondly, the conversion of "good" land to LIS status will increase the amount of land tax.

By comparison, a ceiling rate of 0.3 per cent of cadastral value for gardens and 1.5 per cent for LSW lands, so if gardeners can get into their homes, there's no point in moving from SNT to LSW.

Only regulation 217-FZ has entered into force

Since the promulgation of the new diving law (2 August 2017), only the water wells regulations have entered into force, and it has now become clear where the owner needs to license his well.

A water well licence is not required if four conditions are met: (1) the well is owned by a natural person; (2) the well is not drilled into a centralized aquifer (information can be obtained from environmental mines); (3) the well is used only for personal purposes; (4) the well rises less than 100 cubic metres of water per day; that is, only the wells belonging to the partners need to be licensed; and personal wells need not be licensed.

* * *

In relation to the new law, most gardeners have taken a wait-and-see position, and they have taken specific conclusions and opinions until the issuance of the by-laws and the introduction of the 217-FZ jurisprudence.

On the theme:

  • Before the end of 2018, what should be done by the owners of the plots in the cottage villages on the lands of the agricultural estate?
  • Why register the building on the site?
  • How can you buy land in front of the state through bidding and not stand trial?
  • How are land plots, homes and other buildings registered in the framework of the amnesty?
  • Do you need to register a built house?
  • What changes did 218-FZ make to the registration of transactions and construction at sites
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How to make a home in 2023 - a step-by-step instruction

The spontaneous construction of a property on a garden site does not constitute property, but only the registration of the home in the service concerned and the receipt of the cadastral number.

The establishment of a garden house allows many legal transactions to be made with this property – to give, exchange, inherit, to insurance, to use as collateral for loans and mortgages.

The State approached the owners of unrecorded real property and proposed in 2006 a simplified version of the legal mechanism for registering property rights in the SNT.

In the people, the program is called a "good amnesty", which was to be in effect until 2015, but has now been extended until March 1, 2023.

So if you haven't had time to take advantage of the simplified version of horticulture legitimization, you'll be interested in a step-by-step instruction on how to register a house at a safe house in 2023.

How to Formalize a House of Dear Amnesty

It should be recalled that the simplified registration mechanism is available only to owners of land in the long run, subject to the availability of privatization documents or ownership of those plots, and that the simplified registration is available for the following construction projects in garden partnerships:

  • Kindergarten and gift houses used for long-term or permanent housing;
  • The baths on the foundations and the bathing complexes;
  • Capital garages;
  • Buildings on the foundations (sarais, terraces, gazebos).

If the construction is not capital construction, it is not necessary to register it.

In addition, if land is obtained before 2001, i.e. before the Land Code comes into force, privatization and the transfer of land to ownership are also carried out under an accelerated and simplified programme, free of charge, and the documents received have the same effect as the land ownership documents acquired after that date.

General points of registration of ownership

In 2023, it became somewhat more difficult to obtain ownership of the home than in the previous period, and in 2016, the issuance of the house was based on a declaration of real estate.

To date, this requires a technical plan.

In other words, in order to register the garden house, it is necessary to use the services of a cadastral engineer who will take measurements, establish the exact coordinates of the building and prepare the technical documentation.

The cost of drawing up a plan varies between 5,000 and 10,000 rubles, which depends directly on the size and configuration of the building.

Those objects that had already been registered and had a cadastral number were exempted from the need to have a technical passport.

In other words, a call from cadastral specialists is required only when the garden house is registered for the first time.

The changes also affected the timing and ownership of the house; the registration procedure was partially moved to online, and two databases were combined:

  1. Inventory of construction facilities for various purposes;
  2. Federal registration of property rights.

Of these, Rosreister has been created to greatly facilitate the exchange of information between the agencies, which has resulted in a significant acceleration of all real estate transactions, including the registration of real estate, which now requires only one application, not two, for land registration.

In the case of an amnesty home, provided that it is the first time that a specific real property is registered on a cadastral register, the application shall be followed by both the registration and the registration of the building; the procedure shall not exceed 10 days.

By the way, changes in the amnesty programme have now made it possible to complain to Rosreest officials if the owner ' s rights, both the land and any other real estate, are found to have been violated.

It is easier to interact with the local Multifunctional Centre (IFC), which has assumed responsibility for any real estate transactions since the beginning of this year; the registration period will be slightly longer (about 2 days), but no more.

In 2016, the registration of long-term buildings resulted in the receipt of a certificate of ownership in a paper-based medium.

In 2023, the certificate is assumed to be in electronic form and will not be issued in hand, as it will be kept in the Rosreestra archive.

If necessary, a simplified statement will be made available to the owners of the country homes, homes and gardens who have registered them, and it is valid to do so with a paper certificate.

download document (declaratsiya-po-dachnoj-amnistii.pdf, 119KB)

How to make the garden house a property

The registration of a garden house by way of a long-term amnesty is subject to the rules established by law.

First, you should contact cadastral engineers at BTI or another organization involved in this activity to process the technical documentation.

On the basis of an application, the authorized expert will make a visit to measure and locate the structure, and the data will be entered into the relevant report.

The documentation required for further action shall be received by the applicant in 14 days ' time.

The second step is to pay the government's fee, which will be provided directly by the authorized authority, the Rosreestra branch or the IFC, and you can find out what documents are needed to carry out the operation of putting houses, garages, businesses and other buildings on the garden site.

After payment of the State duty, with the technical passport of the building, the right to determine the land title and the passport, send it back to the IFC and apply for registration of the dwelling on a long-term plot; if there are no errors in the documents, the data shall be entered within seven working days into the Rosreestra database and the applicant shall receive the relevant statement.

Why do you need garden property registration?

Dochi, country houses, garden houses and other capital construction facilities need to be owned in order to:

  • They were not recognized as self-help and were not legally demolished;
  • Avoiding disputes with neighbours over the location of housing and economic structures and avoiding disputes over the boundaries of land;
  • To receive compensation in the event of damage by third parties or demolition of buildings for municipal or public needs;
  • To exclude the possibility of a 3-year property tax and a fine of 20 per cent of the tax;
  • Avoid the possibility of problems in connection with gas, electricity and other engineering communications;
  • To be able to deal with this property, as with any other property owned: gift, sell, transfer by inheritance, insurance, use as collateral in lending.

The long-term amnesty for the registration of unrecorded buildings in gardens is only valid until March 1st next year. Simplified procedures have become more complex, and no one can tell exactly what will happen after the program is over. One thing is known, easier, faster, and more accessible than is likely to happen now.

There are nuances: How to move a garden house into a residential home

Places of residence are often used for permanent residence, despite the fact that it is not possible to register for a gift if it is not an official dwelling, even if you have built a royal chamber rather than a Kuma Pakwa house. How can a garden house be recognized as a house of residence?

First of all, you need to make sure that your square meters are in line with all the necessary parameters, first, that you own the housing, and secondly, that it is not under arrest or bail.

Finally, third, the home must meet all the requirements of the home (electricity, heating, sewage, water supply, etc.), as well as sanitary and fire safety standards.

In addition, the housing authorities, the MES and the epidemiological services must confirm the conformity of your home with all these standards.

You will need the following documents to convert the garden home into a residential one:

  • Passport;
  • A document on the ownership of the home;
  • Technical opinion on the conformity of the garden house with the requirements of the SNIP, San Pin, fire and residential regulations;
  • Technical plan;
  • The cadastral plan;
  • Declaration (in the absence of the above-mentioned technical documents);
  • Statement of the sample installed.

Further documents should be submitted to the IFC or the local authorities at the place where the house is located.

The legal status of your building will be influenced by several factors, first of all, the quality of the area on which it is registered, because it is the purpose of the land that determines whether you can register your house as a residential.

Types of land and what may be situated on them

So your land may be a settlement land or an agricultural assignment.

In the first case, if you have a "good construction", "individual housing" or "personal support household", you can safely register a dwelling.

On the land, however, only the building can be registered as a residential building, and then it can be declared as a residential home by a court of law.

As of 1 January 2023, Federal Act No. 217 "On the management of horticulture and horticulture by citizens for their own use", which introduces only two types of land, orchards and gardens, and you can register a garden or residential house only on a garden plot, and only economic buildings for the storage of equipment and crops can be located on gardens.


If you can't have a dwelling on your land, then you're gonna have to change its purpose.

Now let's look at the building itself, how does a garden house differ from a resident?

The main difference is that the garden house is intended for temporary residence, and it is subject to regulations and rules as for buildings with reduced levels of responsibility, but the dwelling is already a capital building for permanent residence, which must comply with all the established fire, sanitation and building rules and standards.

Here are some of them:

  • The carrying and protective structures of the building shall ensure the safety of the structure and the safety of the occupants therein;
  • The house shall be warm (in heated spaces the temperature shall not be less than 18 °C and the humidity shall not exceed 60 per cent during the cold period;
  • The building should be equipped with sewage, central or stand-alone heating, hot and drinking water, and gas supply in gas-ified areas (but in villages where there are no centralized engineering networks, there is a lack of running water and sanitation in two-storey buildings).

Construction of a house on a long-distance site in 2023: Do you need a permit, documents to be processed by the.........................................................................................................

Last update March 2023

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In 2023, there were major changes in home-building on the lands of ISS and SNT. Not only has the new documentation for the construction been introduced, but clear technical parameters for real estate have emerged.

The traditional procedures have changed dramatically, and failure to comply with the new rules may pose major financial problems for the owner.

It is therefore better to learn about innovations and to avoid unpleasant situations, as the new system has not yet been defeated or side-by-side solutions developed.

Land under LSL automatically implies the possibility of building housing, much more delicate with land of good quality, so in the future we will focus on the land of the day.

Question:
How far can you build a house?

SNTs can be of two types: horticultural and gardening (the word is removed from the law), and it is not possible to build capital works at the garden sites, but only garden partnerships remain, and housing is possible, provided that:

  • The land is located within the boundaries of the built-up area;
  • There are urban regulations that permit the construction of residential or garden houses.

It follows if the area is locatedYou can't build anything out there.

What kind of housing can be built on a dungeon?

You can build a house on a far-fetched site.both residential and gardenBoth types of real estate are suitable for living. Residential accommodation is allowed for a year round, with permanent propiska, but the garden house is temporary for summer periods, so it can be prescribed temporarily (at least as stated in the law, as will be the case in practice, the future).

In the end, it's in a state of gravity that can allow either a residential or a garden, or only a residential or only a garden building.

Construction documents......................................................

Until recently, holiday and garden houses were built without a permit document (the LJS required a building permit).

Question:
Do you need a permit to build a house on a long-distance site now, once the legislation has been amended?

Not exactly, the notification procedure is now in place.Notice of planned constructionIt shall also be served in respect of a residential or garden house, and the requirements shall be the same.

The notification shall be a paper document bearing the following particulars:

  1. Name of administration to which the application is submitted;
  2. Data on the applicant (the developer): FIO, propiska address, passport data, postal address (may indicate e-mail) for communication;
  3. Information on the land where the building is to be built: the inventory number, address, type of right of use of the applicant (ownness, lease, etc.), other persons ' ownership of the land (bails, easements, etc.), designation of the site (as prescribed in the cadastral statement);
  4. Information on the site: type of real estate (residential/garden), type of work (construction or reconstruction), number of floors, total height, metres of dwelling, departures from the site ' s borders on all sides, etc.;
  5. A graphical image of the object. The diagram is shown directly in the notice in the special frame. The parameters need not be observed, it is important to reflect the location of the land on the ground;
  6. Other information and agreement: method of notifying the applicant of the examination of his application, consent to the processing of personal data (a separate signature), confirmation that the building will not be divided into separate properties, i.e., indivisible (a separate signature);
  7. Final signature and date.

This notice is supplemented by the right-setting documents to obtain permission for the construction of a house on a garden site, i.e. copies of the land documents confirming the right; if the applicant ' s right is registered, such documents are attached at the discretion of the gardener; if the land has not yet been registered in Rosreestre, the submission must be made.

The rules governing the construction of a house on a dormitory, which is located in the historic part of the settlement, have one special feature: the construction of real property in such a place must be in accordance with the cultural and historical ensemble; the external form of the dwelling is in accordance with the local administration and the religious committee itself.

But the citizen needs to present an external description of the planned real estate in the notification documentation; it is done in a text format (detailedly describes the architectural solution, including the colour gamma) and a graphical image (outside view from different sides of the height).

At what time are the authorities notified

Before you go to construction, you have to get the approval of the administration, so first you apply, and then you can build an object, otherwise real estate will be illegal.

Question:
Is it possible to build a residential home in the SNT without prior consultation with the municipality?

The new horticulture law from 1 January 2023 - Inventory Engineer's Journal

29 July 2017 was adoptedFederal Act No. 217-FZ "On the management by citizens of horticulture and gardening for their own use and on the amendment of certain legislative acts of the Russian Federation".The law shall enter into force with1 January 2023.

What's new?

The new law has been in place since 1 January 2023.horticultural non-profit partnershipsandgardening non-profit partnerships. The SNT will be equipped with garden land, and the TNT will be equipped with garden land.

Gardens and gardens may be created from the land of settlements or from the land of agricultural designation.

Reorganizationnon-profit organizations established before 1 January 2023not required.

Previously, plots with various permitted uses were counted under the new law, which allowed the use of horticulture, horticulture, good land, dredging, construction, as of 1 January 2023.are considered Gardens land-use change and land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change and forestry.

Accordingly, areas authorized for "planting" and "planting" as of 1 January 2023are considered to be orchards land-use change and land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change, land-use change and forestry.

*** Housing Owner ' s Comrade

A non-profit organization established before 1 January 2023 for horticulture or dredging is entitled to be transformed intoReal Estate Owners ' Partnershipif the following conditions are met:

  • The Society is within the boundaries of the settlement.
  • Residential housing is located in all gardens

It should also be noted that before changing the Constitution of the Partnership, the permitted use of all land within the boundaries of society should be changed to:"individual housing".

There's no need to change the organizational and legal form, that's what it is.will not constitute a reorganization.

*** Transfer of common property to gardeners

{In case of common property owned by a partnership}

Before 1 January 2024The issue of the donation of public property (including general land) belonging to the partnership to the common estate of gardeners in proportion to the area of their plots should be brought before the general assembly.

*** What can be built on gardens and gardens?

On a garden plot of landCan be builtGarden houseorhousingas well aseconomic constructionandgarages.

For constructionThere is no need for permits for building and garages.

In order to build a residential or garden house on a garden site, notice of the planned construction of the facility must be given.

Then apply to the cadastral engineer for a technical plan and submit a notice of completion to the local government authorities.

In response, the developer must be notified of the conformity of the built facility with the construction parameters (compliance with derogations from the boundary of the site, etc.).

On garden landCan be builtBuildings that are not real propertyI mean, you can't register rights to these buildings.

The new law defines the garden house.

Gardens- A seasonal building designed to meet the domestic and other needs of citizens for their temporary stay in such a building.

The garden house can be recognized as a residential home and vice versa and the procedure for recognition will be established by the Government of the Russian Federation.

*** The number of contributions decreased

As of 1 January 2023, only membership and earmarked contributions can be made.

*** Draft Territory Planning

For horticultural non-profit associations, documentation is being prepared for the planning of the territory; for the horticultural associations, a project is being carried out for the interpolation of the territory.

The projects approved before 1 January 2023 for the organization and development of the territories of non-profit organizations are valid.

*** Formalize ownership of the garden (who only has a garden book)

Until 31 December 2020Members of non-profit organizations set up before 1 January 2023 for horticulture, horticulture or dredging are entitled to purchase land free of charge.

In order to do so, you have to contact the local government, taking the land plot on the land cadastre plan and the protocol of the general meeting of members of a non-profit organization.

*** Should the documents be changed to buildings placed before 1 January 2023?

No,You don't have to.The replacement of previously issued documents is not required, only if the right holders so wish!

Buildings located in gardens with a designated "residential" and "residential structure" are recognized as residential buildings.

Buildings located in gardens that are designated "non-residential", other than economic buildings and garages, are recognized as garden houses.

By 1 January 2023, citizens ' right of ownership of economic buildings and structures on the garden land was retained; since 1 January 2023, it is prohibited to register buildings on garden land.

It was possible to make a home at the SNT as a dwelling in 2023.

Many new laws and amendments to existing ones had been adopted in 2023, and it had now become known that since 1 March gardening and holiday homes, which had not been registered with property rights, would have to be legalized under the new regulations; more detailed information on the matter could be found in article 218-FZ, as well as in the Civil Code of the Russian Federation and other regulations.

The amnesty was cancelled.

Since the beginning of March this year, there has been no amnesty for houses that have been built in horticultural partnerships or that have been reduced to SNTs, nor has there been a simplified regime for the registration of such houses, which is now the responsibility of the local authority, and it is there that a statement of intention to register the building must be sent.

It should be recalled that, until 1 March 2023, all owners of houses located in the SST were able to obtain a simplified form of ownership.

  • :: Provide title documents for the land plot in the SNT;
  • Have a telecommunications plan;
  • at the IFC to register the house and obtain an EGRN statement.

How to register a dwelling in SNT since 1 March

As early as August 2018, a number of regulations came into force, which provided for a simpler arrangement for such real estate, with the arrival of March of this year ' s date of entry into force, which now requires:

  • This rule is mandatory for all, since the administration will verify the legality of the future construction and the fact that the person owns the site;
  • Once the construction works have been completed, another application must be filed with the same authorities, but it is now necessary to attach the building's technical design to the application. It is in this way that the authorities will be satisfied that all construction standards in the SNT are met — the number of permitted floors and the height of the building.
  • After careful checks, the local authorities will send the documents themselves to Rosreestre, where they will issue the documents for the property; it is important to understand that the date of dispatch should not exceed seven working days.
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The experts note that the original plan must be fully identical to the final plan, otherwise the cadastral engineer may reject the request for home registration, in which case all inconsistencies will be noted in the technical plan of the house.

Timelines for the processing of dwellings in SNTs and what requirements to meet

If the local authorities have approved the plan and sent the documents to Rosreestre, they will be available in about 12 working days at the IFC or the same Rosreestr, it is important to understand that there is an automatic placement in the cadastre without such a measure; it is not possible to own the house.

In order for the built house in the SNT to be established without problems, all the rules laid down in Federal Act No. 218-FZ must be respected:

  • The house shall not be more than 3 floors;
  • The height of the house should not exceed 20 metres;
  • The house should not be multi-family;
  • It is not possible to use other long-term buildings for business;
  • The technical plan should be approved by the cadastral engineer.

Although the land amnesty has been extended for another year, it does not have to be extended to the last year; if construction works are to begin, it will still have to be divided and the cadastral number will have to be processed.

How to Formalize Home at the SNT by Long-Term Amnesty

Since dozens of categories of land with an uncertain form of ownership had been created in the post-Council 90s, a law had been passed that helped to solve the problems of building buildings at the time of the day and gardens (CNT, DNT, etc.), and houses where people had lived permanently had been built in long-term societies, and a legislative framework had been required to work with the fund.

FL 93 or "good amnesty" is intended to eliminate the remnants of the past with the help of citizens themselves, and the Act allows anyone who is entitled to claim ownership of the land and housing on it to regularize their relations with the State and to regularize them in accordance with the rules of land law.

A long-term amnesty is a simplified procedure for the issuance of property rights to the buildings built.

Dent amnesty extended to what year

In February 2018, members of the State Duma considered extending the long-term amnesty, and Pavel Krascheninnikov, head of the State Duma Committee on Legislation and State-building, proposed a bill to extend the long-term amnesty until 1 March 2020.

It will be recalled that the beginning of the long-term amnesty was in 2006 and that rights to approximately 3.5 million individual homes and 7 million individual homes have since been simplified.

The head of the Duma Committee on Legislation and State-building specified that the extension of the "amnisty" would allow the registration of at least 1 million rights.

the owners of the immovable property.

On the basis of the current version of the Russian Federation Act No. 93-FZ of 30 June 2006, the duration of the long-term amnesty was extended until 1 March 2020.

However, in view of the fact that FL No. 93 provides for a simplified privatization procedure only for those facilities that have been individually used prior to the adoption of the current Land Code, it can be concluded that buildings built before October 2001 can be owned in a simplified manner and after the end of the long-term amnesty.

Who can book a house with a long-term amnesty?

The procedure for changing the form of ownership under the Act does not apply to everyone, but the following objects may be used as an amnesty and converted to a new form of ownership:

  1. Buildings that meet the requirements of the accommodation and are located on lands assigned to personal support farms (LFCs);
  2. Buildings built on built-up areas (LJS);
  3. Buildings of a dwelling nature built on long-term plots: these are the very things and garden houses which have grown to the size of a fully-fledged dwelling.
  4. Non-residential structures built on horticultural, horticultural, LSW or LFS lands;
  5. Other buildings which, according to article 51, paragraph 17, of the Russian Civil Building Code, do not require a building permit.

In addition, the category of land and the type of authorized use should be taken into account.

The following are covered by FL No. 93:

  1. Land for agricultural use for permitted use, orchards, gardens, PLC and collective farming (CPF);
  2. Land of settlements allowed to be used under ILS, care, orchards, orchards, KFC and LUCF.

Documents for the filing of the house for the long-term amnesty

FL 93 has greatly facilitated the registration of houses. It no longer requires a building permit and a commissioning certificate. Once the amnesty is in effect, these documents will have to be obtained according to the regulations in force, and probably new ones, but now only two documents are required for registration:

  1. The technical plan at home, how to get it, I'll tell you below;
  2. Exit from the EGRN to the land.

If you want to get the information faster, I recommend you order the statements directly through the API Rosreestra, so you get the document within the hour. The same price is 250 rubles, the official data is from the EGRN Rosreestra and is confirmed by the electronic digital signature of the registrar (ECC).

The EGRN release I recently ordered through the API Rosreestre.

How to transfer a home-based home with a long-term amnesty

The house was built in a short period of time, and I was completely comfortable with it, but the lack of any documents did embarrass me, and I didn't bother thinking that the authorities could charge a lot of taxes for this uninsured building, so when I heard about the end of the "good amnesty", I immediately went to find out how to transfer my daughter to a residential home.

I'm gonna make it clear that I've been trying to find a clear instruction on the Internet for this kind of real estate, but I still haven't found anything suitable.

But there's one thing I've found out-- there's a need for right-hand papers on the precinct.

Since the sale was done through the local administration, and the cadastral number to the land had already been issued, the re-registration was fast.

Step 1 — Draft Home

I was assured at the construction organization that the design of the house would be model, so registration wouldn't cause any problems, and I was offered a 10% discount – a distraction to allow me to agree quickly, and I have to admit, it succeeded, because the possibility of a discount was so attractive to me that I didn't really think much about the future design of the building.

In addition, our Chairman of the Danish community, who was considered to be a "knowing" person, argued that compliance with building regulations, rather than registration, was the main condition.

Step 2 - Make sure the house isn't registered yet

Then I went to the local administration to look at the lists of "Unregistered Buildings in the SNT", among which I did not find my garden non-profit partnership, which meant that no checks had yet been carried out.

On the one hand, it was good, because I didn't have to pay fines for my illegal structure, but on the other hand, the tests could have been done at any time, so I had to hurry.

Step 3 - Order a technical plan for the house

At first, I went to the Technical Inventory Office, which is located directly in the administration, but I was told to go to a private organization because they had too many orders, and by March 1st, my technology plan wouldn't have been issued.

In a private cadastral company, my order was received quickly, and I paid for the advance, and I indicated the time that the crew could come to see, and I had the technology on my hands a week later, and it cost me 8,000 rubs, and if I had a house to stay with, I'd have to pay twice as much as a building, like a bath.

By the way, the cadastral engineer has explained to me that registration is not required for all constructions, and those buildings that have no foundation and are therefore not tied to the ground (summer shower, toilet box, building wagon, etc.) are not subject to compulsory design.

Step 4 - to complete the real estate declaration

Then I downloaded and handwritten two forms of real property declaration, and the standard form requires the following information:

  1. Location or, if available, address of real estate;
  2. Name and type of construction;
  3. Drainage of buildings in accordance with existing standards and characteristics;
  4. Year of completion of construction of buildings;
  5. Area, both plot and buildings;
  6. The characteristics of the construction materials of the outer walls of the buildings;
  7. A list of the engineering systems to which the facilities are connected;
  8. The cadastral number of the site;
  9. Information on the applicant for approval of ownership rights.

Pick up a declaration of immovable property

Step 5 - Register property in RosRestra

With all the documents collected, I went to the nearest IFC, "My Documents", where I applied for public registration of my own rights, so it's not a safe house, and I have to pay 400 rubles of government money.

Two weeks after I went to the IFC, I was given an extract from the EGRN, which already indicated me as the owner of the building.

How to Transfer Land to a Construction Facility

Can the house be granted a long-term amnesty if the boundaries of the red line are violated

I don't think so, but the amnesty has been partially lifted and only applies to LSL land, as well as to long-term construction, which, as far as I know, has not been extended to LPH since 2016, and it will be much more difficult to build (not land) under the "simplified scheme" since 2023, even though the amnesty has been extended until 2020.

As of 1 March 2023, the permit will be issued according to the following regulations: first, notice of the planned construction of the LA, then the local government will check the extent to which the building complies with the urban regulations and only then will it be possible to build and report to the EGRN in a calm manner.

Problems with the establishment of a house under a long-term amnesty

The complexity of the process arises in the absence of a minimum set of documents confirming the legality of land use; usually, those who do not have any documents have doubts about the future of their actions.

However, this cannot be considered an insurmountable obstacle — to visit the municipality or organization that once expropriated the land.

Useful information may be found in the archives, but it is likely that it will be necessary to defend its right to property in a court where witness testimony can be used.

The confusion over the transition period may have an impact on the lack of adequate information about the land and buildings in RosRestra, which is also a prerequisite, but it will only have to be rebroadcasted and then placed on the cadastral register according to a simplified scheme, the essence of which is that you will not be required to submit documents that were binding prior to the granting of a long-term amnesty.

Note that since 1 January 2023 lands in use are divided into two types: gardens and gardens; construction of a dwelling will be possible only in the first type and only with the permission of the municipality; gardening lands have a different purpose and are no longer eligible for construction.

Conclusions

  1. From 1 March 2020, the rights to the built facilities will be processed in a general manner, making the process much more complex; for example, permission to put the facility into operation will be required for cadastral registration and registration of ownership.

    In the absence of this document, the house will be considered to be a self-inflicted structure that can be legalized only through a court of law.

  2. It is believed that the adoption of this bill will contribute to the development of the private housing sector, but I personally believe that the legalization of houses in the SST is an additional source of tax (read income) to the year-to-year Russian budget.

How to formalize an undocumented land in the SNT

How to translate the garden house into a residential home in 2023: requirements for whether it can be moved to sleep Reference to main publication
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