Is it possible to build a second house on the site: we understand the legislation

Building or purchasing a 2-family home (duplex) represents a compromise. The owner receives an apartment that has a number of advantages of a cottage: there are a minimum number of neighbors nearby, there is a plot of land and there is always a place to park a car.

There are also a number of difficulties associated with duplexes. One of them concerns the procedure for registering the land on which it is located. Mistakes made before the start of construction may result in the municipality filing a lawsuit to force the demolition of the facility.

Let's figure out how to proceed to register the land without breaking the law.

What is duplex from a legal point of view?

In real estate advertisements you can often find offers for the sale of 2-family houses.

A potential buyer has an idea of ​​such an object in terms of its physical characteristics:

• it has 2 different entrances;
• the plot is divided into 2 equal parts by a fence;
• neighbors use common communications;
• parts occupied by different owners are separated by a wall.

In addition to design features, it is necessary to take into account the legal features of such objects.

There are 2 ways to design duplexes:

• As an individual home with shared ownership.
• In the form of an apartment building , where each of the 2 residential premises acts as a full-fledged object.

The actions of citizens intending to register land to accommodate a duplex will depend on the status of the facility under construction.

Registration of land for placing an individual house

This method is the simplest in terms of obtaining land and registering ownership of it. The plot can be purchased or obtained at municipal auctions for rent for work (after registration of the erected house, the plot can be purchased in accordance with Article 36 of the Land Code of the Russian Federation).

When making this choice, it is necessary to take into account a number of points:

1. When purchasing land, the purchasers must indicate 2 persons. As a result of the transaction, they will own shares in the common ownership of the site.
2. In the case of the use of land owned by the municipality, the agreement must provide for a plurality of persons on the part of the tenant.
3. The main type of permitted use of the site should be the placement of individual residential properties (Article 37 of the Town Planning Code of the Russian Federation). Before purchasing or concluding a lease agreement, it is necessary to study the decision of local authorities on the zoning of the territories of a settlement to determine the possibility of placing a house on them.

When the duplex is built, it will also be in common shared ownership of the neighbors.

This will have a number of consequences:

• Housing and land cannot be transferred as a result of the transaction without obtaining the consent of the neighbor.
• In the event of a sale, the liquidity of a share in ownership will be significantly lower than that of a separate premises.
• The utility bill will be shared.

The simplicity of the initial registration will be offset by certain legal and market difficulties in the further use and disposal of part of the duplex and plot.

Register a house on two plots of land

If two or more neighboring plots are owned by the same persons, many questions often arise, the main ones of which are:

1. Is it possible to locate an individual residential building on several plots at the same time and is it necessary in this case to combine the plots into one and what is needed for this?
2. Is it possible to locate a residential building on one of the plots, but at a distance closer than 3 meters from the border with its own plot?

The answers to these questions depend on the following factors:

1. on the type of permitted use of the land plot. According to current legislation, when building a house on land for individual housing construction and private plots, it is necessary to obtain permission to build an individual residential building. For plots with permitted use for gardening, dacha farming and dacha construction, obtaining a building permit is not required in accordance with subparagraph 1, paragraph 17, article 51 of the Town Planning Code of the Russian Federation. In areas where a building permit is not required, Rosreestr currently registers a house as a residential building without the right of registration and allows the placement of a house on several plots belonging to the same owner, and the placement of a house on one plot at a distance closer than 3 meters from the border with its own neighboring plot.
2. on the location of the land plot in cases where it is necessary to obtain a construction permit, because local administrations of districts of the Moscow region and Mosgosstroynadzor of Moscow establish their own rules for issuing permits for the construction of a residential building in such cases and periodically review them.

Practice in Moscow

Mosgosstroynadzor of Moscow allows the placement of a residential building on one of the neighboring plots without maintaining a 3-meter setback from the border of its neighboring plot and does not require combining plots for the construction of a residential building on two plots belonging to the same owner. The main requirement of Mosgosstroynadzor is that urban planning standards must be observed, namely:

1. It is necessary to obtain a town planning plan for each land plot (GPZU) on which the house will be located
2. The height of the house must not exceed the maximum permissible height specified in the GPZU
3. On the planning organization diagram of a land plot, it is necessary to place the house so that for each land plot the maximum permissible building density established in the GPZU is not exceeded.

Practice of the Moscow region

The overwhelming majority of district administrations of the Moscow region do not issue permission for the construction of a residential building on two or more neighboring plots belonging to the same owner, considering that the house should be located only on one plot of land and in compliance with the necessary setbacks, including from the boundaries of its own neighboring one plot.

Therefore, in each case, it is necessary to clarify with the Administration of the district in which the site is located what the current procedure is.

If the house can be placed on only one plot, you can:

1. Redistribute plots, i.e. establish new configurations of plots and their area, while maintaining the number of plots or reducing/increasing their number (for example, from three plots of 600 sq.m. you can make 2 plots of 900 sq.m., etc.)
2. Combine neighboring plots on which the house will be located into one plot
3. Change the desired location of the house and place the house on one of the sites in compliance with all urban planning standards. Sometimes this is the only possible way to solve the problem, because It is not always possible to redistribute or merge areas.

Our company has repeatedly resolved issues related to the construction of houses on several neighboring sites.

Our cadastral engineers have extensive experience in carrying out cadastral work on the consolidation/division/redistribution of land plots.

Call us and our specialists will find the optimal solution to your issue, taking into account its specifics, established practice and current legislation.

The cost of registering a house on two turnkey plots of land

INCLUDED IN THE PRICE:

• Departure of a cadastral engineer to the site.
• Technical plan for the house (cadastral engineer).
• Payment of state duty.
• Registration of the house for cadastral registration. Preparation of floor plans.
• Registration of ownership of a house. Obtaining an extract from the Unified State Register of Real Estate.

REQUIRED DOCUMENTS:

1. Power of attorney (notarized, the form is sent by e-mail).
2. Certificate / extract from the Unified State Register of ownership of land plots - copy.
3. A copy of the owner’s civil passport, TIN and SNILS number.
4. A copy of the building permit (depending on the type of permitted use of the site).

Call us and we will be happy to answer your questions.

Design of a site for a house with separate apartments

The procedure for registering a plot for the construction of a house with 2 apartments will be more complicated. A number of issues will be associated with the type of use permitted. Externally, a duplex is no different from an individual house, but legally it will be multi-apartment. For future owners, cottage communities are attractive areas for construction. The main type of permitted use of these sites involves the placement of individual housing construction.

The construction of an apartment building will require the following actions:

1. It is necessary that among the conditionally permitted uses be the placement of objects with several separate residential premises. If the decision of local authorities on zoning of territories
2. It is required to submit an application to the municipality for permission to use the site in this way.
3. It is necessary to obtain the approval of neighbors living in this territory during public hearings (Article 39 of the Town Planning Code of the Russian Federation). In this case, the costs of holding this event are borne by the owners or tenants of the site.
4. Based on the results of the hearings and work of the commission, the mayor or other head of the municipal government makes a decision on approval of the appropriate use of the land or refusal.

It is necessary to purchase or rent land only after the above steps. Otherwise, there is a risk of investing in an unsuitable site.

After the construction and commissioning of the facility, the land acquires the status of common property of the owners of premises in an apartment building (Part 1 of Article 36 of the Housing Code of the Russian Federation). As a result of this design, part of the house can be sold without receiving the encouragement of a neighbor. Rights to the land plot will be transferred to the new owner automatically.

Legislation on the construction of a second house on one plot of land

The law of the Russian Federation does not determine how many residential buildings can be located on a land plot. In theory, the owner of the land has the right to build as many houses as he wants, as long as construction is permitted in principle in accordance with the type of use of the site. In this case, the norms contained in the rules of land use and development, taking into account the urban planning plan, must be observed. Sanitary rules and fire safety requirements must not be violated. It is also necessary to take into account the rights of those whose houses are located in the neighborhood.

To find out the answer to this question, whether it is possible to build a second house on the site, let’s study the VRI ZU Classifier. According to this document, it is allowed to use the site for individual construction to place a residential building on it. It is important that the building is free-standing and its height is no higher than 20 m (that is, no more than three floors). The building is intended to satisfy a person’s domestic needs that are associated with living in such a house. The building is not intended to be divided into autonomous real estate units.

Exactly the same rules apply for other types of permitted use of sites. That is, regardless of the type of land, we are talking about the construction of one house. As a result, many do not fully understand whether it will be legal to place several buildings on a plot of land?

In fact, when constructing country houses, standards for the maximum percentage of land development are taken into account. Based on this indicator, one should determine whether it is possible to build a second house on a particular site.

Problematic issues

The specifics of securing rights to a duplex raise many questions among potential buyers. The decision to purchase such an object depends on the ability to resolve certain problems.

Section of the plot

One of the most popular topics on legal forums is the possibility of dividing the land on which

duplex. If the house consists of decorated apartments, then the principle of site unity applies. For this reason, it will not be possible to allocate shares in kind.

When the land and house are in common shared ownership, the formation of new plots is possible. The only limitation is set by regional legislation. We are talking about the minimum possible area and other parameters of the land (as a rule, these are linear dimensions). It is important that both resulting areas are not less than the minimum established value .

House for 3 or more families

Registration of land for placing triplexes or houses of blocked development (townhouses) occurs in a similar way. A problem may be dividing the land plot by the number of families living in the building. The available space may not be sufficient to meet the minimum criteria.

Possibility of converting individual housing construction into an apartment building

Duplexes converted to apartment status are more liquid on the market. To do this, the municipality will need to go through a reconstruction procedure, as well as coordinate changes with utility network operators. Considering the number of technical standards in force, there is a high probability of receiving a refusal. For this reason, you will need to be prepared to defend your interests in court.

Duplex allows you to save on a number of costs. At the same time, its owners need to be prepared for legal difficulties associated with the registration of the site, and, in some cases, for the lower liquidity of the property upon its subsequent sale.