Certain costs, both material and time. In addition, you need to know whether it is necessary to register a country house. With the “dacha amnesty” in effect, there is no need to obtain a permit for construction work when its construction takes place on a site intended for personal farming or on the land of a gardening partnership and its construction will be completed before 2021. That is, the country house can be registered after the fact. But it will be very important to correctly prepare the necessary documents and it is advisable to think about this before the start of construction work.
Is it necessary to register a country house in Moscow?
If you have decided to build a wooden country house, then we recommend that you contact , where they will offer you ready-made designs of country houses made of rounded logs or will develop them specifically for you according to an individual sketch. But quite often, after the start of construction, owners have the question of whether it is necessary to register a country house. In Moscow, it is worth seeking advice from any lawyer. But, you need to know, since the period of the dacha amnesty has been extended until March 1, 2021, persons who wish to take advantage of the opportunity to secure rights to land and buildings located on them free of charge can complete the required privatization actions before the specified date.
Registration nuances
Registration actions are not carried out in relation to a structure that has no foundation - it is not considered a capital construction project. Such a building is considered non-permanent, freely transferable to another territory.
If the land is allocated for gardening, the procedure will be refused. In relation to objects that are located on the territory for gardening, and which are designed for permanent habitation, the following rules are provided for registering a house on a garden plot:
- to recognize real estate as residential, a city resolution is required;
- simplified registration of a house on a garden plot (“dacha amnesty”) was in effect until March 1 of this year, now a standard one is being carried out;
- a technical report is required;
- provision of a certificate indicating the encumbrance of ownership rights.
The house is recognized as residential as soon as the characteristics are confirmed by the technical conclusion of the engineer.
Registration of a non-residential house on a garden plot is carried out according to the general scheme. If you plan to register in this housing in the future, it must be recognized as residential.
How should I decorate a country house?
There are two options for decorating a house located on a plot outside the city, depending on its type. But we will look at how to decorate a country house. If we are talking about a building located on a garden plot of land, which does not require registration, its owners only need to submit to the registration chamber a declaration for the house, a cadastral passport and a certificate of land ownership. According to current rules, the certificate is issued within a month. The declaration is a legal document that records the fact of the creation of an object on the land territory. There is nothing complicated in the registration procedure. Just collect the necessary information and start building it. And experts will help you with this. We will always help you with your choice and answer all your questions.
Required documents
The process of legalizing housing must be carried out in compliance with legal requirements. Local authorities must present a certain list of certificates.
Documents for registering a house on a garden plot:
- statement;
- certificates for the land part;
- cadastral passport for land;
- technical plan of the facility;
- applicant's passport;
- receipt of payment of the state fee.
The fee is 350 rubles.
Documentation is submitted to city authorities or the MFC. The review period is up to 45 days. Based on the results, a written decision is issued.
Is it necessary to register a country house as a property?
If you are tormented by the question of whether it is necessary to register a cadastral passport for ownership of a country house made of rounded logs, we will tell you the answer. If it was built on a summer cottage or on the land of a gardening partnership, it does not need to be registered in the cadastral register to register ownership. Instead of a cadastral passport, you just fill out a declaration; all the necessary data is taken from the project. You should not be required to provide other documents, for example, a construction permit or a document confirming the correctness of the information included in the declaration. If you are involved in the construction of a house, our specialists will tell you how to prepare the necessary documentation.
20/05/2015
600 issue price
the issue is resolved
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Answers from lawyers (8)
- Lawyer, Veliky Novgorod
- 9.7 rating
- expert
- 9.2 rating
- expert
Kirill, hello. Registration of rights is of a declarative nature, and the law does not yet require the developer to register ownership of the constructed object within a certain period. Possible penalties are not related to the fact of absence of state. registration of ownership of a real estate property as such, but with actual tax evasion. Therefore, I would register the right, especially since it is not difficult. I assume that your right to the land plot is registered. In this case, you need to order a cadastral engineer to prepare a technical plan for the building. Those. a plan and land documents are all you need for simultaneous cadastral and state registration. registration of ownership of the building. State The fee for registering a right is 350 rubles.
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Good afternoon
At the moment, a policy is indeed being pursued of increasing the tax rate for citizens who have not officially registered their buildings on dacha plots.
They will not stop you from traveling abroad because of this, they will simply send you an increased tax. It's up to you to register or not.
In a simplified manner, this can be done by completing and submitting a declaration for the property to the Russian Register through the MFC.
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Lawyer, Rybinsk
Hello!
According to Part 6 of Art. 1
Federal Law of July 13, 2015 N 218-FZ (as amended on July 1, 2017) “On State Registration of Real Estate”
The right of ownership and other proprietary rights to real estate
and transactions with it are subject to state registration in accordance with Articles 130, 131, 132, 133.1 and 164 of the Civil Code of the Russian Federation.
According to paragraph 1 of Art. 130 Civil Code of the Russian Federation
Immovable things (real estate, real estate) include land plots, subsoil plots and everything that is firmly connected to the land, that is, objects whose movement without disproportionate damage to their purpose is impossible, including buildings, structures
, and unfinished construction objects.
Thus, based on the above articles, we can conclude that a 6x6 country house with a concrete foundation is real estate and, accordingly, is subject to state registration.
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Lawyer, Saransk
- 8.0 rating
Dear Kirill!
The law does not provide for state registration of ownership rights to a country house for a member of a gardening non-profit partnership. Since you are the legal owner of a land plot, you have the right to register the ownership of a country house and other buildings under the country amnesty.
Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate” (Part 7 of Article 70)
Until March 1, 2021, the grounds for state cadastral registration and (or) state registration of rights to an individual housing construction project created or created on a land plot intended for individual housing construction, or to an individual housing construction project created or created on a land plot, located within the boundaries of a settlement and intended for running a personal subsidiary plot (on a plot of land), are only the technical plan of the specified individual housing construction projects and the title document for the land plot, if the applicant’s right to the land plot is not registered in the Unified State Register of Real Estate, in which the specified individual housing construction objects are located. In this case, information about an individual housing construction project, with the exception of information about the location of such a property on a land plot, is indicated in the technical plan on the basis of the cadastral work submitted by the customer for a construction permit and design documentation for such real estate (if any) or a declaration about the facility real estate provided for in Part 11 of Article 24 of this Federal Law (in the event that project documentation was not prepared).
A citizen’s ownership of an individual housing construction project, which was created on a plot of land intended for such construction or for running a personal subsidiary plot (on a personal plot of land), is also registered in a simplified manner. We are talking about an individual residential garden or homestead house.
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Lawyer, Elektrostal
- 8.1 rating
Hello!
The Federal Tax Service operates within the framework of the Tax Code, and your responsibility as a taxpayer is established in Article 23
2.1. Taxpayers - individuals for taxes paid on the basis of tax notices, in addition to the obligations provided for in paragraph 1 of this article, are required to report the presence of real estate and (or) vehicles recognized as objects of taxation for the relevant taxes to the tax authority at their own discretion. choice in the event of non-receipt of tax notices and non-payment of taxes in relation to the specified objects of taxation for the period of their ownership.
and liability clause 3 of Article 129.1
3. Wrongful failure (late submission) by a taxpayer - an individual to the tax authority of the message provided for in paragraph 2.1 of Article 23 of this Code, entails the collection of a fine in the amount of 20 percent of the unpaid amount of tax in relation to the object of real estate and (or) vehicle for which the message provided for in paragraph 2.1 of Article 23 of this Code was submitted (untimely submitted).
I often travel abroad and I’m afraid that they might not let me out because of this little thing, so I decided to write to you and find out whether it’s worth registering my country house and how to do it easier, if it’s even necessary.
yes, it's worth it. make a technical plan and submit it to the Federal Reserve along with the documents for the land plot. then send a message to the Federal Tax Service.
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- 7.5 rating
Hello,
At the gate, like all the gardeners of our SNT, I found an informational letter with an aerial photograph and a request to register the building, otherwise there will be fines, liability, etc.
In fact, the fact that the Ministry of Finance proposes to introduce a tax on unregistered real estate has been written for several years in all publications.
Here's an example excerpt
Rossiyskaya Gazeta writes about this with reference to data from the Federal Tax Service. From January 1 next year, those who have not registered ownership of real estate will also be fined. From July, a regulation will come into force allowing the demolition of houses, bathhouses, sheds, and verandas with an area of up to 50 square meters. m in case the court recognizes them as unauthorized construction. Illegal buildings will be identified using aerial photography of the territory and data from the state real estate cadastre, the Unified State Register, as well as the BTI archive, the Moscow Regional BTI told the publication. Read more on RBC:
For many owners of land with a building that is used as a dacha, there is good news: the “dacha amnesty” has been extended. This means that it is now easier to register a dacha located on your own land. In fact, the question of whether it is necessary to register a country house if the land underneath is owned surprises many lawyers. After all, the presence of documents confirming the right of ownership gives confidence that there will be no illegal encroachments on the house.
Additional permits and documents
In addition, you will need to prepare a land plot plan and obtain permits from local authorities. We need a decision from the authorized body to put the country house into operation.
As a result, the registration service must collect the following package of documents:
- A statement indicating that the land owner is asking for state registration of the house.
- Applicant's passport.
- Cadastral, .
- A receipt confirming payment of the fee for a government service.
- A decision from the local council, which confirms that the house has been given a number and address.
- Title documents for the plot on which the house stands.
On site, you will need to fill out a declaration about the house, which indicates the parameters of the building.
After accepting the full package of documents, the citizen receives an extract about this fact. The process takes no more than 18 days from the receipt of all necessary documents.
Registration of a residential building in SNT according to a simplified scheme
Today it is possible to register housing under the dacha amnesty. Initially, this scheme was created to allow free privatization of land plots previously provided to citizens of the Russian Federation. If housing is built on the site, then its owner has the right to apply for registration of this housing according to a simplified procedure.
Registration of a residential building in SNT according to a simplified scheme is possible for owners of plots who received land before 2001.
The main difference between registration under the dacha amnesty: the absence of additional fees and less stringent requirements for the package of documents provided. In particular, confirmation of the suitability of the house for habitation is not required.
The following papers are needed :
- Identification.
- Technical passports for the site and for the house.
- Cadastral passport for both real estate objects.
- Confirmation of land ownership rights.
- Receipt of payment of the registration fee.
The registration procedure is carried out within 30 days. After this period, the owner receives an extract from the Unified State Register confirming the right to own the property.
Design features
It is necessary to register a house using a simplified mechanism, because upon completion of the “dacha amnesty” you will have to prove your rights to your own dacha house in court.
It is worth understanding that you can claim your rights to a country house, even if you own land, only by registering your rights with the Registration Chamber. All operations and collection of documents must be carried out only at the location of the property. Upon completion of registration, the relevant data is entered into the state register. All documents are marked, and the owner is given a certificate of ownership.
If the country house was built without a design, and there are other buildings on the territory, their location must comply with sanitary standards, otherwise it will simply not be possible to draw up the documents. In particularly difficult cases, a fine is imposed, and the owner may be visited by a bailiff. In addition to the fact that a fine will be paid, the owner must also eliminate all discrepancies at his own expense.
