The dacha amnesty has been extended until 2021. How to register a house in SNT

In 2021, serious changes took place in issues of house construction on the lands of individual housing construction and SNT. Not only has a new documentary procedure for registering construction been introduced, but clear technical parameters of real estate have appeared. Habitual procedures have changed radically. Failure to comply with the new rules can result in big financial problems for the owner. Therefore, it is better to familiarize yourself with the innovations and protect yourself from unpleasant situations, since the new system has not yet been tested and workarounds have not been developed.

Legislation on how you can register a country house

Citizens have the right to register such real estate since 2006. It was then, on June 30, that Federal Law No. 93 was adopted, which is popularly known as the “dacha amnesty.” This program was supposed to run until 2015, but was extended until 2021.

Important! After the next extension, the “dacha amnesty” will be valid until March 1, 2021.

This program makes it possible to register real estate ownership according to a simplified scheme, provided that the object is located on the privatized land of the owner. This right applies not only to the house, but also to such outbuildings as a bathhouse, garage, etc.

However, in 2021, the Federal Law “On State Registration of Real Estate” dated July 13, 2015 No. 218-FZ, which had been in development for several years, came into force. As a result of its adoption, country houses, like other types of real estate, were completely deprived of territorial attachment. Such innovations have both pros and cons.

The benefits include:

introduction of a basic registration system, as a result of which the risk of fraud and forgery of documents is reduced to zero;
the possibility of obtaining registration data exclusively by the owner providing title documents for real estate;
introduction of a unified all-Russian database containing information about all real estate objects. Thanks to this, there is no longer any need to personally travel to the region of registration or send registered letters (for example, when entering into inheritance rights). The issue of decorating a house on a summer cottage can be resolved at the place of stay.

There is only one significant drawback of such innovations - the possibility of registration only in conjunction with cadastral registration. This involves the need to contact a cadastral engineer and enter the object into the register, which involves additional costs.

Also, those who are interested in whether it is possible to register a country house without land surveying should know that after the adoption of Law No. 218-FZ, this procedure has been mandatory since the beginning of 2018. Without establishing boundaries, it is impossible to dispose of not only the house, but also the land plot, even if it is owned.

You also need to know that previously the registration of a house located on a garden plot was carried out by filing a declaration, which was simpler. Now the basis for registration of the building is the cadastral plan.

Important! This provision does not apply to the site on which the house is located. To register it, you do not need to call specialists or carry out boundary work. But to be able to perform legal actions with the land, establishing boundaries is mandatory.

The law “on dacha amnesty” and amendments made

This name was secured by the Federal Law No. 93 dated July 30, 2006. This act regulates the specifics of registering ownership of dacha construction projects: houses, bathhouses, gazebos, garages.
According to the law, in some cases it becomes possible to refuse to register certain objects that are not classified as capital. Initially, the duration of the program was set until 2015, but was extended until 2021 (until March 1). Simplified registration is possible subject to the following conditions:

The house was built on privatized land.
Other buildings on a summer cottage may also fall into this category. These are utility blocks, bathhouses, garages.

Subsequently, the legislation became stricter. In accordance with the amendment, from the beginning of 2021, it has become possible to register an object only if there is a technical plan and after registration with the cadastral register.

How and why to register a garden house

The procedure for registering such types of real estate is carried out by submitting the relevant documents to the registration authorities.

The main reason why many citizens do not engage in this procedure is the reluctance to pay property tax, which will become necessary after registering ownership of the building.

However, registering ownership of a country house has undoubted advantages:

the ability to perform legal actions (sale, exchange, donation, etc.);
there is no risk of demolition of the house due to its recognition as an unauthorized construction;
the possibility of obtaining a loan by registering a bank mortgage after the delivery of the house against its security;
eliminating problems with neighbors due to disputes about the boundaries of the site;
receiving compensation for demolition by the state or local authorities;
the opportunity to register in a house located on a personal plot.

Thus, the answer to the question of whether it is necessary to register ownership of a country house is positive. The advantages of such a solution are obvious.

But if the owner does not plan to dispose of the building or is not worried about the problems that may arise, country houses do not need to be registered. There is no law obliging the registration of such objects as property.

Possible problems during registration

Even when using the simplified registration regime under the dacha amnesty, the owner of a garden house may encounter problems:

refusal of the SNT board or the municipality to issue a document confirming the legal ownership of the site;
non-compliance of the structure with the requirements for real estate (exceeding the number of storeys, violation of regulations under Law No. 384-FZ, etc.);
non-compliance with the category and intended purpose of the site, which does not allow the construction of capital construction projects.

If you refuse to issue land documents, you need to order land surveying through a cadastral engineer and coordinate the boundaries of the plot with the owners of adjacent plots. If problems arise during approval, the boundaries can be determined through the court.

Changing the category and purpose of land is extremely difficult. This can be done administratively (through the municipality) or through the court. However, if the category and intended purpose are fixed in the urban planning plan of the settlement, even going to court will not bring a positive result.

If the characteristics of the object do not comply with the technical regulations under Law No. 384-FZ, the owner may be required to dismantle the structure or eliminate the violations. Naturally, if such violations are detected, registration and transfer of the garden house to residential buildings will be impossible.

When do you need to register dacha buildings?

The category of real estate subject to registration includes the following objects:

Houses built on plots intended for individual housing construction (IHC).
Buildings located on land for gardening or farming.
Garden houses built on plots for dacha farming.
Gazebos, garages and other outbuildings located on land for individual housing construction.
Other buildings that the law allows to be erected without obtaining a special building permit.

Important! “Dacha amnesty”, i.e. the possibility of simplified registration of all buildings located on the listed types of land applies to plots acquired before 2001.

On what plots is construction permitted?

Before starting construction on a site, it is necessary to find out the type of permitted use of the land. Information is available on the deed of ownership of the plot.

The plot for individual housing construction (individual housing construction) is located within the populated area, that is, it is intended for building a house. It is allowed to build 1 residential building on such territory. There will also be no obstacles to the registration of previously built real estate on such a site. Before starting construction work, you must obtain permission.
If the land plot is located in a gardening partnership , and the land is for agricultural purposes and is intended for gardening, it is allowed to build a house on the site only for recreation. You will not be able to register there.
If the territory is intended for summer cottage work , but the lands belong to the lands of settlements, then it is possible to build a residential building on it and register unregistered real estate as residential.
If the private plot (personal subsidiary plot) is located on settlement land, building a residential building and registering in it is also allowed.
Agriculture is permitted on the field plot
On land allocated for peasant farming , the construction of a residential building is prohibited. On land intended for agricultural work, it is prohibited to build residential buildings and register in them. It is allowed to erect buildings necessary for agricultural activities (greenhouses, barns, etc.).

How to register a house on a summer cottage - step-by-step instructions

This procedure is not particularly difficult and does not require large expenses.

So, how to properly register ownership of a country house? The procedure is as follows:

Contacting the Technical Inventory Bureau (BTI) to carry out cadastral work.
Drawing up a technical plan. According to the latest amendments to the law, it must be issued electronically and contain an electronic signature of the cadastral engineer. 14 days are allotted for carrying out the work and drawing up a report. It is allowed to attach a paper version with the seal of the organization and the signature of the employee who performed the work, but an electronic version is required.
Payment of state duty (350 rubles for each registered property). Details for depositing funds can be obtained from the registration authority to which the documents will be submitted. The payment receipt is included in the list of documents provided.
Submitting a package of documents to the registration authority (Rosreestr or MFC). You can also order the state registration service electronically through State Services by submitting an application for registration of a country house. If there are no errors, the data is entered into the registry.
Obtaining an extract from the Unified State Register of Real Estate confirming ownership of the registered property.

Thus, the procedure for registering a country house on a plot for gardening or individual housing construction does not take much time and does not require collecting a large number of papers.

If there is a mass registration of buildings by neighbors, the Garden Non-Profit Partnership (SNT) can also help with the question of how to register a house on a summer cottage, the chairman of which can submit an application on behalf of all members of the partnership.

Features of registration depending on the type of land

It will be easier to register ownership of a house built on a summer cottage. The procedure can be carried out according to a simplified scheme (according to the dacha amnesty).

It will be more difficult to register ownership of a building located on a plot of land for individual housing construction . An entry is made to Rosreestr on the basis of the documents provided: a technical passport, a certificate of commissioning and an application. If the house was put into operation before 2021, the act will not be required.

If the house is located on the territory of SNT, the owner does not have the right to use it as an object for permanent residence and registration.

List of required documents

The question of what documents are needed to register a country house is one of the key ones. This is explained by the fact that if you submit an incomplete package or papers with errors, the procedure can be significantly delayed. Therefore, it is better to clarify this list in advance.

So, the documents required to register ownership of a country house are as follows:

the applicant's personal passport as proof of identity;
title documents for the site on which the registered building is located (declaration, extract from the gardening book, certificate of ownership);
land cadastral plan;
technical plan of the registered structure;
receipt of payment of state duty.

Important! If the object was built before March 2015, it is sufficient to provide a technical plan. And if later, in addition to the cadastral passport, you will also need an act of putting the house into operation.

Registration of country houses in 2021

As for the registration of country houses in 2021, this is not only the registration of residential and garden houses, but also the cadastral registration of capital economic buildings or structures (garages, bathhouses, outbuildings, etc.) with a foundation. There is no legal requirement to register a prefabricated greenhouse, frame pool or outdoor shower.

Thus, registration of dacha buildings in 2021 is necessary to carry out legally significant actions with real estate. Registration of country houses is not much different from registration of a country house as a property in 2021. Step-by-step instructions for non-residential buildings are also relevant.

How can you register a country house as your property – registration deadlines

In addition to the question of how to apply for a dacha amnesty for a house, it is worth knowing the time frame that will be required for registration.

Since the beginning of 2021, the procedure has become significantly simplified and began to take a minimum of time. Such changes are explained by the introduction of a unified database that allows for the rapid exchange of information.

So, registering a house on a privatized summer cottage site takes:

10 days if simultaneous registration and registration of ownership are carried out (this is possible with a “dacha amnesty” if the initial registration or liquidation of an object is carried out);
7 days if only ownership is registered;
5 days if changes are made to the existing cadastral plan;

According to paragraph 1 of Art. 66 No. 218-FZ, the registration authority is responsible for violations in the procedure for obtaining property rights (failure to meet deadlines, violation of the applicant’s personal rights, making errors when entering data into the register, unmotivated refusal to accept documents, etc.).

Important! Registration of a country house through multifunctional centers (MFC) takes longer than direct application to Rosreestr. This is explained by the fact that MFC employees act only as intermediaries; they need time to send the received documents to the registration authority and receive them back. Therefore, those for whom the deadline is important can register their country house through Rosreestr, and not at the MFC.

How to register rights under the dacha amnesty

If registration takes place under a dacha amnesty, the citizen needs to confirm the legality of ownership of the plot.
You can simultaneously secure rights to land and a residential building. The supporting document for the land plot will be an extract from the board of SNT or another partnership, an order from the municipal authorities, or other forms. According to the provisions of the Law on Dacha Amnesty, the consolidation of rights takes place in the following stages:

after receiving documents for the land, you need to contact a cadastral engineer and order a technical plan;
the engineer conducts a physical examination of the structure, determines its characteristics and parameters, and reflects them in the text and graphic block of the technical plan;
in order to register a house in the cadastral register and register ownership, you need to submit an application and technical plan to Rosreestr or an MFC institution;
The supporting document after completion of all procedures will be an extract from the Unified State Register of Real Estate, which indicates the cadastral number of the object.

The size and characteristics of the structure are essential to the decision to register and subsequent taxation. For example, a private residential building cannot have a height of more than 3 floors or have several isolated rooms for different families. Such objects are considered as apartment buildings, and special rules are provided for permits for their construction and operation.

Garden or country house up to 50 sq. meters of total area are not subject to taxation. The footage will be confirmed by cadastral information from the Unified State Register of Real Estate and an extract. If the area of the registered property is more than 50 sq.m., it can be excluded when calculating property tax in the declaration.

Cost of registration of ownership

The cost of registering a built house on a site is determined by the following factors:

payment of state duty;
payment for the services of a cadastral engineer who draws up a cadastral passport and a technical plan of the building.

The amount of the state duty is established by law and is equal to 350 rubles. for each registered property. The cost of cadastral engineer services is not fixed; it varies depending on the region where the work is carried out.

Therefore, the answer to the question of how much it costs to register a house on a personal plot does not have a clear answer.

If you plan to insure the building, this should also be included in the expense item.

Reasons for refusal to register

Rosreestr may refuse to register a house owner for the following reasons:

the applicant has no right to do so. This situation arises if the application is submitted by a third party without a notarized power of attorney;
errors in documentation. Of course, this will not be an absolute ban on registering property rights, but it will take time. The procedure will be suspended. The papers will be returned to give the applicant an opportunity to make corrections. Therefore, it is better to contact the lawyers of our company who have experience in obtaining a 100% positive result in the most difficult situations;
inconsistency in technical documentation. Often this situation arises from the incompetence of the cadastral engineer, who cannot competently draw up a technical plan when registering a house with shares. This may cause an absolute refusal and you will have to either start the procedure again or go to court.

If you receive a justified refusal, contact lawyers - they will carefully study the problem and help you solve it. Often it is enough to make adjustments and resubmit the application.

Is it possible for the owner to insure an unregistered country house?

If the building is registered as a property, there are no questions about the possibility of insuring it, because companies easily agree to such contracts. All you need to do is choose an insurance company, sign a contract and pay your premiums regularly.

But what to do with buildings that are not included in the register? Is it possible to insure your unregistered holiday home? The answer to this question is clear – the law does not provide for such a possibility.

However, many insurance companies turn a blind eye to this and still draw up a contract. Insurance issued for a country house, if it is not issued, is done as follows:

an agreement is drawn up between the insurance company and the owner of the building;
the text indicates that in the event of an insured event, monetary compensation will be paid by a close relative of the owner of the house;
insurance premiums are paid.

The deception is revealed when the insured event does occur. It is almost impossible to receive compensation from the company because, according to the contract, it has no obligations to the victim.

Therefore, before thinking about whether it is possible to insure an unregistered holiday home, you should keep in mind that this will be a legally unformed insurance contract, so you should not count on compensation.

Where to start registering a home

Registering a house as a property requires going through a number of procedures:

Contact the BTI to prepare technical documentation for construction. BTI specialists check the project’s compliance with current SNiP.
Submitting a request to the City Architectural Bureau. Based on the documentation received from the Bureau of Technical Inventory, the building is assigned an address.
Drawing up an application for registering a house in the cadastral register.

A dacha building is registered as a property by filling out a declaration, which specifies the characteristics of the property.

IMPORTANT! A simplified registration procedure is provided as part of the dacha amnesty and applies only to buildings belonging to this category.

Unauthorized buildings are legalized on the basis of the Town Planning Code of the Russian Federation. If the owner of a land plot with individual housing construction status has not received a building permit in a timely manner, you must use one of the options to register ownership of the house:

Trial. A statement of claim to the magistrate's court is drawn up if the cost of the building exceeds fifty thousand rubles. The remaining appeals are considered by the district judge.
Execution of construction permitting documentation retroactively. Obtain permission without informing that the building has been erected, and after a while rent out the housing.
To avoid demolition of unauthorized construction, contact the Committee for the Suppression of Unauthorized Construction and submit an application to preserve the property. If a positive decision is made, a permit is issued and the necessary documentation is issued.

If it is not possible to register the house with the BTI, the building is dismantled. This applies to capital construction projects. When constructing housing on a site that is not registered as a property, individuals are fined 1,000 rubles, legal entities - 20,000 rubles. Such actions are regarded as the seizure of someone else's land.

Nuances of designing a country house

Depending on the type of property and the stage of construction, there are some features of the procedure for registering a garden house.

Unfinished

How can you register a residential building on a garden plot if it is not yet completed? In fact, there are three ways to add an object to the registry:

Obtaining permission to carry out construction work and further registration of the house in the usual manner.
Registration of the object as a self-construction after completion of construction. But you will have to pay a fine of 2,000 rubles.
Registration based on declaration.

It should be borne in mind that after the adoption of Law No. 218-FZ, the latter method involves certain difficulties. Previously, it was possible to indicate approximate indicators in the declaration, but after recent amendments to the legislation, only accurate data are accepted.

How to convert an existing dacha into a residential building

If we are talking about a country house that is used only for temporary stay (for example, during the period of gardening work), then registration is carried out according to general rules with the provision of a standard package of documents, including a technical plan of the house.

But if registration in a country house is required, it must be recognized as residential. This means it must meet construction and technical requirements (for example, be heated and suitable for year-round use).

To confirm such compliance, a special commission is held. The whole procedure takes approximately 40 days, after which the owner receives an inspection report, on the basis of which he registers his country house.

Legislative regulation for decorating a house in SNT

Registration of a house in SNT is regulated by federal law FZ-93. Its effect extends to permanent buildings. It does not apply to utility and temporary buildings.

It is allowed to legalize rights to a house up to 3 floors (with a basement and basement). The height of the building should not be more than 20 meters. There are no restrictions on area, but owners who have gone through this procedure talk about possible difficulties that arise with large buildings.

Please note: There are new requirements for 2021. Now, before registering a country house, you need to obtain a technical plan. It indicates the geographical coordinates, area, layout, openings for windows and doors, and the cadastral value of the object. This service is paid and takes about 2 weeks.

You cannot register a country house as your property if it:

It was recognized as cultural property.
Located on a special territory (reserves, national parks).
Transferred for free use or under a lease agreement.

According to the law, before starting registration it is not necessary to determine the boundaries of the plots (surveying). But it is better to carry out such a procedure. This will eliminate territorial disputes in the future.

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Why may registration be refused?

In accordance with the law, the state registration service has the right to reject a request for registration of real estate. The owner receives a refusal in the following cases:

the boundaries of the land plot extend beyond the lines marked by the cadastral engineer;
in the provided documentation there was a discrepancy in information about the characteristics of the land;
the area is limited in use.

If a citizen owns a plot that is part of a gardening partnership, it will not be possible to register the house.

Guest House

Owners may decide to rent out country houses seasonally, using the property as guest premises. In this case, it is also necessary to enter data on real estate into the Unified State Register of Rights to Real Estate and Transactions with It. To register ownership of guest houses, you need:

apply to the Federal Cadastral Chamber of Rosreestr with a passport;
write a statement about the need for registration;
present a declaration indicating ownership of the land and also indicating the presence of real estate on it;
prepare a technical plan;
obtain permission to commission buildings.

The state duty is paid in advance in the amount prescribed by the Tax Code.

Registration of private property

You must always start from the site. Depending on what category of land the building is built on, the use of the property is planned and in the future it is thought through how it is easier to register the houses as property.

Registration of private house ownership

It is necessary to prepare a building permit when the house to be registered is located on land intended for subsidiary farming. It is also necessary to request special permission if the plot of land is classified as land for personal housing construction.

If the buildings are located on lands for country houses or gardening areas, there is no need to take permission.

Cadastral passport for land (extract)

Until 2021, a citizen planning to register private real estate as a property was required to obtain in advance a cadastral passport for the plot of land on which the building was located. But as of January 1, 2021, it is abolished as a document. Instead, citizens are issued an extract from the Unified State Register of Real Estate (USRN).

Example of a land passport

If the land plot already has a number in the register, you just need to apply for an extract. This document can be obtained not only by the owner of the land, but also by any other person. If it is necessary to enter the plot into the register or change any data (indicate new boundaries of the plot, note the presence of additional buildings), then only the owner can perform these actions.

To issue an extract you need:

Visit the MFC at your place of residence or the Registration Chamber with your passport.
Present papers confirming the citizen’s rights to own a land plot.
Fill out an application for an extract.
Pay the state fee.
Receive the document in person or online within 3-5 days.

Passport of the site on the State Services portal
The paper extract will have a blue stamp and signature of the registrar. You can also order an extract online, on the single portal of State Services. The deadline for receiving a document online is less, from 1 day. Instead of a stamp, the authenticity of the papers is confirmed by the electronic signature of the registrar, which is sent along with the extract.

Important! Cadastral passports for plots of land issued to citizens before 2021 also have legal force and can be presented by potential owners when registering real estate ownership.

Where to contact

The cadastral service (private or public) draws up a technical plan of the building, taking into account its location on the site. In the future, the proposed owner of the building should contact the Federal Service for State Registration, Cadastre and Cartography.

Obtaining information about the cadastral document on the Rosreestr website

You can come to the service in person, at your place of residence, or via the Internet by going to the Rosreestr website and ordering the necessary service. The paperwork is completed in the area where the property is located.

Documentation

When contacting the FKPR, you should submit an application for state registration. An application for registration of real estate is also submitted here. The citizen is obliged to prepare a package of documents:

Identification papers of the potential owner of the property (or a power of attorney if the registration is handled by a representative).

Application for state registration of real estate
An extract from the Unified State Register confirming the ownership of a certain plot of land.
Receipt for payment of state duty.
Permission to put a building into operation (country houses, garden houses).
For houses and dachas built before March 1, 2015 - only a technical passport.

A decree on assigning an address must be presented when registering ownership rights to a residential building.

Deadlines for obtaining a certificate and the amount of state duty

Due to the fact that all information about plots and houses is stored in a single database of the Federal Cadastral Service of Registers, registration of certificates for new owners is accelerated. Possible waiting times for certificates to be issued:

10 days – the house is registered and the owner’s rights are simultaneously registered;
7 days – if rights are simply registered;
5 days – when making changes to real estate in the cadastral register.

An extract from the register (site passport) formally has no validity period. But, if changes are made in the register regarding an object, the document loses its relevance and must be obtained again.

The certificate of state registration of ownership rights to a private house is not limited in validity. The document requires replacement only if the property changes ownership.

Before processing documents, a citizen will need to pay a state fee to the budget (Table 1).

Table 1 - Amounts of state duty

Purpose of payment	for private citizens	for legal entities
For an extract from the register in paper form (passport for the site) in person	400 RUR	1100 RUR
For an extract from the register in an electronic document (passport to the site) via the Internet	250 RUR	700 RUR
For registration of ownership of real estate	RUR 2,000	RUB 22,000

Citizens recognized by law as low-income and who present the appropriate documents are exempt from paying state duty.

The document issued when registering a house states the fact that a particular home belongs to a citizen and records the type of right. The following information is required:

location;
technical characteristics of the structure;
cadastral number;
information about the owner of the property;
time and date of origin and registration of rights to real estate.

The papers are certified by the signatures of officials, and the document must be stamped.