Registration of a residential building on a land plot in 2021

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Published: 11/16/2017

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Real estate located on Russian territory must be registered. After a house has been built on a plot of land for individual housing construction, it is necessary to start legalizing the ownership rights to it. Without going through this procedure, the owner of the house will not be able to fully dispose of it: give it away, sell it, exchange it or rent it out.

• Registration of home ownership
• List of activities Preparation of technical plan
• Cadastral registration
• Contact Rosreestr
• Drawing up an application
• Issuance of documents confirming ownership

What documents are needed to build a private house?

How to build a private house?

Where to start building a house on the site? Sometimes this is not the purchase of building materials, but the collection of necessary papers. What documents may be needed to build a house on your own site?

Having decided to start building a house, many do not think about obtaining permission to do so. However, as follows from the provisions of the Town Planning Code of the Russian Federation, its presence is required to give the building legal status.

According to its provisions, such permission is mandatory for the construction or reconstruction of any capital facilities.

Private houses also belong to the category of permanent buildings, and are buildings (up to 3 floors in height) in which one family lives. Houses built with this document cannot be considered illegally built.

In its absence, there may be problems with entering information into a unified cadastre, registering owner rights, and establishing communications. Obtaining loans for the construction of private houses without permits will also be problematic. State institutions and bodies recognize such buildings as actually built without permission in violation of the law. There are fines for their construction.

Unfinished house

Features of registration of unfinished construction depend on what type of real estate the object belongs to and at what stage of construction the work stopped. The following steps are required:

• registration of ownership of the land plot on which construction is taking place;
• receiving an extract on land ownership in hand;
• obtaining a permit for construction work;
• with the help of a cadastral engineer, a technical construction plan is drawn up;
• an extract for real estate is obtained.

When applying to Rosreestr to re-register property rights, you must pay a fee to the budget of the Russian Federation.

When is permission not required?

Which properties will not require additional permits?

Since development is usually not limited to one house, citizens often have questions about obtaining permits for all buildings. When answering this question, you should refer to Article 51 of the Town Planning Code of the Russian Federation. Its provisions contain a list of cases when such permission is not mandatory:

• for economic auxiliary buildings;
• for a garage on a summer cottage or other area not used for business activities;
• during the construction and reconstruction of buildings that are not related to capital construction projects;
• repair, reconstruction of objects without significant changes to their design and basic characteristics.

This list is not final and closed; the provisions of urban planning legislation may provide for other cases.

The nuances of obtaining permission for the construction of individual housing construction projects

Change of owner of a land plot allocated for individual housing construction.

In connection with obtaining permits for individual housing construction, potential developers have many questions. First of all, it should be noted that until 2021 there is a simplified procedure for obtaining them for individual housing construction. There is no need to prepare project documentation for this today. The procedure itself is free; no fees or charges are charged when issuing permits.

It is especially worth considering cases when there is a change of ownership of a land plot or the building itself. What should I do if, after receiving permission, the plot allocated for construction becomes the property of another person?

Many people think that in this case they will have to obtain permits again or re-issue old ones. In fact, there is no need to do this if it has not expired. Thus, it will be valid for all site owners until the deadline expires.

When dividing or merging land plots for individual housing construction, construction can also be carried out on the basis of previously issued permits.

Termination of building permit

According to current legislative norms, the validity period of permits for the construction of individual housing construction projects is ten years. Therefore, as a general rule, its validity is terminated due to the expiration of this period.

However, under certain circumstances, it may be terminated earlier. These include:

• relinquishment of ownership rights to the site;
• upon termination of such a right forcibly, including for state needs;
• termination (termination) of agreements on the basis of land ownership rights;
• termination of subsoil use rights if further construction is impossible without them.

Based on information about the termination of rights to land, the authorized bodies revoke the permit within a month.

By law

According to Article 25.3 of Federal Law No. 93 on the peculiarities of registration of created and being created real estate, the grounds for registering ownership rights to a house under construction, already built or a new one in the order established by the state arise if permission is not required for the construction or reconstruction of real estate.

Registration is carried out if buildings are installed or are already located on a site that is intended for individual use. You can also quickly register ownership of a house on a plot of land within the boundaries of a settlement in which the land is used as a personal plot.

Clarifying amendments were made to Federal Law No. 93 of June 30, 2006. According to them, the simplified procedure for registering citizens' real estate provides for the commissioning of a constructed facility without special permission. At the same time, it is also not required to present permission for registration and issuance of a registration certificate for housing in possession.

Registration of ownership rights to individual housing construction objects

Registration of rights to a residential building

In order to become the full owner of a built house, you must go through the registration procedure. At the same time, you can apply for registration of both a fully rebuilt house and unfinished construction.

The territorial divisions of Rosreestr deal with registration issues. Until March 2021, registration of individual housing construction objects in a simplified manner remains possible.

To contact the Rosreestr authorities you will need:

• registration application;
• applicant's passport (other identification document);
• documents on rights to a land plot;
• documents confirming construction.

If the plot is registered in the prescribed manner and registered in the real estate cadastre, the registration procedure will be simpler. In this case, there is no need to submit any documents for it; Rosreestr already has all the information.

If the land plot is not included in the cadastre, then registration of the individual housing construction project built on it from the beginning of 2021 cannot be carried out. However, until 2021, it is possible to register it on the basis of a declaration describing the objects.

As for the documents confirming the construction of the facility, these include a cadastral passport and a building permit. The latter is required for objects whose construction is not completed. In turn, the cadastral passport is drawn up on the basis of a technical plan, drawn up taking into account the construction permit received. In addition to the specified documents, it is necessary to pay the state fee.

If all necessary documents are provided, the application will be considered within ten days.

Rules for designing a country house

To register a country house, you should contact the authorized body or the MFC.

You can use these step-by-step instructions:

1. Contact the BTI to obtain a cadastral passport. A specialist will come to the site (often the owner pays for transportation costs) and take the necessary measurements and surveys. Specialist services are paid according to the tariff established by the BTI.
2. A cadastral passport will be compiled within two weeks. Now it is provided on electronic media with an electronic digital signature of the engineer. Additional issuance in paper form is allowed.
3. Payment of state duty (350 rubles for each registered object). Payment details are received at the MFC.
4. Submission of documents. To do this, you can contact the International Nuclear Center, Rosreestr, or use the government services website. If no errors are found in the submitted documents, the data will be entered into the register.
5. Ordering and receiving an extract from the Unified State Register of Real Estate. It says that the applicant is the owner of the specified property.

In general, the registration procedure is simplified as much as possible and involves submitting the minimum possible number of documents. Garden houses can also be registered collectively, through the chairman of the garden partnership, who has the right to submit applications on behalf of all members.

Plot in individual housing construction

When registering a country house located on an individual housing construction plot, you should adhere to the following algorithm:

1. Contacting the MFC to obtain an urban planning plan for the municipality.
2. Drawing up a land plot indicating the location of the future building.
3. Submitting an application to the MFC to obtain a construction permit.
4. Obtaining appropriate permission.

The subsequent procedure for registering property rights is described earlier. You will need to order the services of a cadastral engineer from the BTI, pay for them and receive a cadastral passport. With it and other necessary documents (the list is presented in the corresponding paragraph of the article), contact the MFC, having previously paid the state fee. After review, you will be provided with an extract from the Unified State Register of Real Estate; certificates were previously issued, which are no longer issued, but are considered valid. Therefore, if you are a buyer, you should not be surprised that the owner will present a certificate instead of an extract.

Owned land, what to do with the house

Registration of ownership of the land plot does not affect the house in any way. It must be registered separately, otherwise it will become impossible to conclude any transactions. You will not be able to sell it, officially lease it, donate it, or include it in your will.

To register, you will need a technical plan of the house obtained from the BTI. You will need to submit other documents to the MFC in order to take advantage of the dacha amnesty. In order for a building to be recognized as residential, it must have electrical wiring, water and gas. Otherwise, the building is not recognized as residential.

How to get a loan for individual housing construction

Not everyone can buy land. That is why the opportunity to obtain a plot of land is relevant for many. This can only be done once. To receive it, a package of documents is collected that will confirm that the square meters are not enough for a family to live. Plots are issued on a first-come, first-served basis for ownership or lease. In the latter case, certain requirements are put forward, for example, the start of construction within 3 years. After the construction of the house, the land will be transferred into ownership. In this case, you will have to pay a tax of 13% of the cost.

It is important to understand how individual housing construction differs from SNT and private household plots. Behind these abbreviations lies the following decoding:

1. individual housing construction

   – individual housing construction. It implies a height of no more than 3 floors intended for single-family residence.

2. Private household plots

   – personal subsidiary plot. The construction of residential and commercial premises is permissible here.

3. SNT

   - gardening non-profit partnership. The construction of a residential building with this type is unacceptable.

Deadlines for registration of rights

If the land plot is privatized, it may take time to register the right:

10 days

, if the garden house is registered for the first time with simultaneous registration of ownership.

7 days

when registering exclusively ownership rights.

5 days

when making changes.

Remember that when registering a house when applying to the MFC, it will take more time than during a similar procedure for registering a building on a garden plot when applying to Rosreestr. If deadlines are important, contact Rosreestr directly.

The main stages of registration are:

1. Confirmation of ownership of a country house.
2. Obtaining a technical plan in the manner prescribed by law.
3. Contact the MFC for registration.

As a result, the owner receives an extract from the Unified State Register of Real Estate, which records the number and information about the owner.

Possible reasons for refusal:

• The construction does not comply with legal standards. For example, if the house has more than three floors or is designed to accommodate several families.
• The object is located on a land plot not intended for individual housing construction.

List of required documents:

• Identity card, most often a passport.
• A legal document of a legal nature. This could be a declaration, an extract from the book of the gardeners' association, or a certificate of ownership.
• Cadastral plan of the land plot.
• Technical plan of a building that is subject to registration.
• A document confirming payment of the state duty.

These are the basic documents that will need to be prepared to register a garden house.
However, if the building was erected before 2015, you will need a certificate of commissioning of the building. Registration cost:

• State duty. Now it is 350 rubles for each object.
• Payment for the services of a BTI employee.

Building insurance is an additional expense.

Documents for registration of a land plot for individual housing construction

What documents are required to obtain a plot of land for individual construction?

Before you start building your own private house, you need to purchase land intended for this. Issues regarding the provision of such plots are within the competence of municipal administrations. Anyone wishing to receive a plot of land for individual housing construction must apply there, indicating the purpose of use.

The distribution of plots is carried out on the basis of an auction. Some categories of persons have the right to receive free land, in particular, large families, veterans, and disabled people. The decision to allocate land to these persons is decided in order of priority by a special commission.

The second opportunity to purchase land for individual housing construction is to purchase it from another private person under an agreement. Regardless of the basis for its acquisition, the right to it must be registered with Rosreestr. To do this, you need to submit an application and a certain package of documents. These include:

• passport (other identity document);
• a document certifying a person’s rights to real estate;
• cadastral plan of the site;
• registration application;
• receipt of payment of state duty.

Decorating a cottage or garden house

To register real estate located on the lands of a dacha or garden partnership, you must:

• present title documents for the land;
• prepare papers confirming the existence of a garden or country house;
• contact the Federal Cadastral Chamber of Rosreestr and submit an application.

When submitting an application, you will also need a document proving the identity of the potential owner of the property.

Project of a private house and its passport

Drawing up a project for a private house and its passport

To obtain permission to build your house, you do not need to provide design documentation. At the same time, the developer can prepare it at his own request. The house project includes all the basic data and characteristics necessary for its construction. It includes architectural, construction and engineering information, including plans, drawings of all parts of the house, its communications, estimates, and project passport.

Summing up communications

Plan for connecting communications to a residential building

When purchasing plots for individual housing construction, you do not always receive a piece of land ready for exploitation. If the site is located in a dacha cooperative or other populated area, then the issue of connecting communications is easier to solve.

Water supply, sewerage, gas or electricity are necessary for the normal functioning of the house. Depending on the location of the site itself and the nearby communications, issues of connecting them can entail large time and financial costs.

If there is no possibility of connecting to public networks or it is too expensive, you can install autonomous communications yourself.

Commissioning of a residential building

Obtaining permission to put into operation a constructed dwelling

The logical completion of the construction of a private house is its commissioning. To obtain the appropriate permit, you must contact your local administration. This procedure is free and does not require any costs.

According to the norms of urban planning legislation, such permission is required to register the owner’s rights to the erected structure. However, temporarily, until March 1, 2021, this requirement may not be fulfilled.

To put the building into operation, you must submit an application accompanied by the following documents:

• documents on rights to a land plot;
• urban planning plan of the site;
• technical plan;
• document confirming compliance with all technical standards;
• plan of communications and technical structures;
• act of acceptance of construction;

The application and the documents attached to it are considered by the authorized bodies. As a rule, the review period does not exceed ten days.

Receive notifications from your local government

At the stage of submitting a notice of the start of construction, owners and tenants of land plots are faced with the need to take into account specific nuances. A number of questions arise when preparing a package of documents and filling out the forms required by law. specializes in solving such problems. The lawyers on staff monitor every stage of the procedure, prepare documents, undergo approval by the relevant authorities and contact local authorities.

Owner participation with this approach is minimized. Quickly achieving a positive result allows you not to postpone the construction date indefinitely. In addition to lawyers, our company employs cadastral engineers and surveyors. Thanks to the presence of such employees, we have been performing the following types of work for seven years:

• carrying out topographic survey of the land plot;
• coordination of filming with operating organizations;
• coordination with the district administration;
• obtaining GPZU;
• preparation of the SPROM;
• receiving notification of construction compliance;
• design;
• conducting surveys before the start of construction;
• Registration of real estate objects for cadastral registration.

We are ready to develop a description of the external appearance of the individual housing construction project if the site is located within the territory belonging to historical settlements. Lawyers will provide assistance in resolving the issue of approving construction with the cultural heritage department if the site is included in the protection zone of such an object. The final result and the list of obligations assigned to the company are specified in the contract. In addition to performing engineering work, the owner can count on representation of interests in government bodies. The result of the work performed can be transferred to the customer in two ways: electronic (CD, flash drive, Internet) or printed on paper, if intermediate approvals are implied.

Pros and cons of individual housing construction

A plot of land intended to be used for individual housing construction has a number of significant advantages. Being the owner of your own piece of land, you can build houses and other buildings on it according to your plan and design. Many private houses are attracted by the absence of neighbors.

Individual housing construction objects are subject to a simplified procedure for registration and processing of tax deductions. However, owners of such plots will have to come to terms with some restrictions. First of all, they relate to the size of the site itself and the structure being built on it.

In addition, obtaining plots and constructing private houses are strictly regulated and require the issuance of permits and the preparation of a large volume of documents. This type of land use is more expensive.

What does it take to build a house? What documents are needed before starting construction of a private house? How to obtain permission to build an individual residential building, watch the video:

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Discussion: 4 comments

1. Irina says:
   12/23/2016 at 19:15

   When we built the house, we did not take any documents before construction, especially since the lands were still for agricultural purposes, only after construction the lands were transferred to individual housing construction and it was possible to register the house as property.

   Answer

2. Anna says:

   12/17/2017 at 02:48

   When building a house, we decided not to experiment ourselves, but turned to a qualified specialist for advice. This helped us avoid a sea of ​​documentation problems in the future, since we did not know many of the nuances.

   Answer

   Pshennikova Svetlana Konstantinovna says:

   Read also:  Brick wall cladding technology - how to avoid mistakes?

   11/16/2018 at 14:45

   Who is a qualified specialist?

   Answer

5master5 says:

02/19/2019 at 10:53

Now in some regions everything has become much simpler. You submit documents to the MFC and they will help you and explain everything. But you still have to run. No one will do the project at the MFC and approve it.

Answer

Possible difficulties during registration

Difficulties with registration arise when the building goes beyond the boundaries of the land plot. This is possible if construction standards are violated or due to the fault of a cadastral engineer who mistakenly completed the binding of land boundary points.

In the first case, the object must be dismantled because it was built in violation of the law. In the second, it is necessary to correct errors in the boundary plan and register the land.

ATTENTION! If the building was purchased during marriage, it is required to obtain a written agreement from the second spouse to register the house. The paper must be notarized, otherwise the document has no legal force.

The reason for the protracted process of registering a house may also be the small area of ​​the site. To build a new private home, six hundred square meters of land is required. If the allotment is less than the designated figure, the right to construction is defended in court.