Recognition of ownership of unfinished construction through the court

Re-registration of property rights

To register “unfinished” property, you will need a title document and a building permit, when necessary.
But if the plot is not registered and not formalized, then according to Article 40 of Law 218-FZ, registration and registration of rights is carried out simultaneously for the house and the plot. The cadastral engineer of the Pravozem Academy of Sciences enters into an agreement with the owner of an unfinished individual residential building for the production of a technical plan. To start processing documents, you will need a building design, an extract from the Unified State Register or a certificate for a land plot, as well as a building permit. Lawyers of the Pravozem Academy of Sciences, based on the technical plan prepared by the cadastral engineer, will register the unfinished house with the cadastral register and register the ownership.

Before you start building a house, you should make sure that the site has the appropriate category and the appropriate type of permitted use. For example, the construction of residential buildings on lands allocated for gardening and agricultural production is not permitted. And if registration of an unfinished house is refused, then it will have to be legalized in court.

If the owner of an unfinished property decides to complete the construction of a house, but more than ten years have passed since receiving a building permit, then a new one will be required. Since according to Art. 51 of the Civil Code of the Russian Federation, permission for individual housing construction is issued for ten years. After completion of construction, it will be necessary to make changes to the real estate register and register an individual residential building.

If within 10 years after purchasing a plot of land in the individual housing construction category, the house is not registered, then the land tax will be charged twice as much (0.6% of the cadastral value). And when the “unfinished” property is not registered as property, it cannot be sold, donated or inherited. The legal implementation of these transactions will become possible after state registration. Lawyers from the Pravozem Academy of Sciences will provide free consultation on design and answer any questions regarding construction registration.

Registration of rights to an unfinished house is usually required if you decide to sell your plot along with an unfinished house. According to the law, until the property is registered, no transactions are possible with it.

Typically, a building is registered after it is completely ready and accepted. But if for some reason you need to sell the unfinished property, the law allows you to register the house in the cadastral register and register property rights.

Registration of unfinished construction has its own characteristics. To register unfinished construction, the following conditions must be met:

1. The plot is registered in the cadastral register and your rights to it are registered.
2. You must have permitting documentation for construction (permit or notice).
3. A technical plan for the unfinished project has been prepared.

After this, you can submit an application for registration of unfinished construction.

There are other features in this procedure that depend on the stage of construction, type of object, etc. You can find out how best to go through the procedure for registering an unfinished house in your case and what difficulties you may encounter at a consultation with a Geomer Group specialist.

If you bought or inherited a house, you will need to register your rights to it. You also need to start the procedure by collecting documents. You will need:

• Passport.
• Extract from the Unified State Register of Real Estate for land. This document does not have to be provided, since all information about registered real estate is stored in Rosreestr databases.
• Foundation documents, for example, a purchase and sale agreement.

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Next, you pay the state fee and submit an application for amendments through the multifunctional center to Rosreestr. After 7 days you will receive an extract from the Unified State Register of Real Estate, where the transfer of rights will be recorded.

Decoration of a new private house

On the lands of individual housing construction and private household plots, private houses are built in accordance with the notification procedure. The notification replaced the building permit and simplified the procedure for the private developer.

The first notification - that you are going to build a new facility - must be submitted before the start of work. You can build only after you receive a positive response from the regulatory authorities. This usually doesn't cause problems. The procedure will be a little more complicated if for construction it is necessary to obtain additional approvals, for example, from Rosnedra, Rosaviation, or cultural heritage. You can find out in detail about who you need to coordinate with, where to place the object, what the building density should be, etc., in the GPZU.

1. GPZU
2. Approvals (if required)
3. Notification of the start of construction
4. Technical plan of the house
5. Notice of Compliance
6. Re-upload of the Technical Plan with confirmation of the notification of compliance
7. Submission of documents to the Civil Code and State Register

1. GPZU
2. Approvals
3. Notification of the start of construction
4. Technical plan
5. Notification of compliance, GKU and GRP

You can find out what documents are required in your case during a consultation with Geomer Group. We will help you go through the entire procedure - obtain approvals, submit a notification, register the building and the rights to it in Rosreestr. To schedule a consultation, call ☎ or leave a request on the website.

After the house is built, we proceed according to the following plan:

1. We order a technical plan from a cadastral company. Only cadastral engineers can prepare a technical plan. Therefore, in order not to be refused a building permit and not to find yourself in a situation where your house is recognized as an unauthorized construction, we advise you to seriously choose a specialist. You can order the technical plan at. Our cadastral engineers have the necessary licenses to perform such work.
2. Notify the administration about the completion of construction. Please attach a technical plan to the notification form. Then all that remains is to wait.
3. Administration specialists check the compliance of your home with urban planning standards. If there are no violations, you receive a compliance notice.
4. The residential building must be assigned an address. To do this, submit an application through the MFC or through the State Services website. The application must be accompanied by a passport and documents confirming the legality of the construction. For a facility under construction, such a document will be a response notification from the administration. For built - a notification of compliance.

According to the law, the administration must complete the registration procedure for the house. But the law gives the developer the right to do this independently. If you decide not to wait for the local administration to complete the registration procedure, you need to:

1. Submit an application for registration through the MFC. The application form will be given to you by the specialists of the multifunctional center.
2. Attach all four notifications to the application (about the start of construction, a response from the administration, about the completion of work, about compliance).
3. Pay the state fee and attach the receipt to the application.
4. From the MFC your application will be transferred to Rosreestr. The procedure takes 10 days. To this period it is necessary to add 2-3 days for interdepartmental interaction. The MFC will tell you the date when you can receive an extract from the Unified State Register confirming your rights.
5. On the specified date, you come to the multifunctional center and receive an extract. This completes the procedure for registering ownership of a private house.

Previously, the package of documents for registering a private house as a property was larger. It was necessary to provide more documents for the land. This is not required now. If the site is on the cadastre, all information about it is in Rosreestr.

You can also seek help in obtaining rights from. Our specialists will represent your interests in Rosreestr. After completing the procedure, you will receive an extract from the Unified State Register. If you do not want to waste time registering your rights, contact specialists. The fact is that the administration often delays the transfer of documents to Rosreestr, and self-registration requires time to visit the MFC.

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How to register a house on rented land

• build an individual residential building according to the terms specified in the clause of the contract;
• register your ownership of the building with the authorized bodies;
• Having a document on registered property in hand, contact the local administrative authority, which will transfer the leased territory into ownership.

This is, first of all, technical documentation and documents confirming your rights (in this case, a lease agreement).

• You will have to write applications to the Administration and the Federal Service for State Registration, Cadastre and Cartography.
• It will be necessary to measure and carry out the surveying procedure.

Decorating a house under the dacha amnesty

Dacha amnesty is a simplified method of registration. The registration procedure in this case will be as follows:

1. Preparation of documents. To register a house under the dacha amnesty, a minimum package of documents is required. Essentially, you need to provide documents confirming your ownership of the property (the land must be on the cadastre).
2. Preparation of technical plan. The law on dacha amnesty has been changed several times over the years. Now the simplified registration procedure does not eliminate the need to prepare a technical plan.
3. After that, you pay the state fee and submit an application for registration of the house through the MFC. Registration of real estate for cadastral registration and registration of rights take place simultaneously. The entire procedure takes 10 days. After this, you receive an extract from the Unified State Register.

Our specialists will help you register your house in a simplified manner. Come for a free consultation with our expert. According to the dacha amnesty, you can register a house as a residential or garden house until 2021 without notification.

Registration of rights to abandoned real estate

Abandoned real estate can also be registered as a property if it has no legal owners or they have been deprived of their rights by court.

The procedure has many nuances, so before starting it, consult with our specialist. We will also help you in preparing documents and completing the procedure for registering an abandoned house.

The step-by-step registration of abandoned items is as follows:

1. Submitting an application to the local administration. Despite the fact that abandoned houses are transferred to new owners by court decision, an application to the cartography department must be submitted.
2. Recognition of a house as ownerless through the court. A house can be declared ownerless if its legal owner is not found within a year. The court checks whether the object is being built on the cadastral register and to whom the rights are registered, whether there is a waiver of ownership.
3. Registration of an ownerless house as property. If the court declares the building ownerless, the administration can transfer it to the applicant. In this case, you submit an application to Rosreestr and attach a resolution of the local administration to it. Sometimes Rosreestr specialists may request additional documents. An incomplete package of documents is the most common reason for suspension of the registration procedure or refusal from Rosreestr. To avoid such a situation, we will help you collect all the necessary documents to register an abandoned house as your property.

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How to Register Ownership of a Built House on Leased Land

Bans on the construction of buildings are directly related to the status of the land. A clear example of such a prohibition: capital construction is prohibited by law on land plots classified as agricultural lands in the forest fund. And on urban lands you will not be allowed to build a plant or factory that produces harmful emissions into the atmosphere.

How to register a plot of land as your property We offer you step-by-step instructions on how to register a plot of land as your property, step by step. What documents are needed to register ownership of a land plot? There are several options for registering ownership of a plot of land. Let's highlight the main ones.

Registration of a house by acquisitive prescription

Such situations apply to old houses. They have never been registered, and their documents are often lost. More than one generation of heirs of the first owner may live in it, but they do not have any legally registered rights. Legally, such a house is considered a self-construction.

The right of prescription occurs if you have owned the house for more than 15 years. In this case, it is necessary to prove that over the years it has not been reconstructed or rebuilt. To exercise the right of acquisitive prescription, the following conditions must be met:

• You must have grounds for ownership, and neighbors must confirm that you have lived here for the last 15 years.
• You must have proof that you have continuously owned the house for all these years. Receipts for utility bills can serve as such proof.
• The local administration has not previously expressed any complaints. For example, your relative owned the house; there have been no complaints from the administration over the past 15 years. In this case, the administration has no right to make claims to the heirs. The house is registered by acquisitive prescription.

Free legal assistance

— The house on the plot is registered in the name of the wife and husband (in shared ownership - 1/2 of each), and the plot itself is the property of the husband. Does the wife have the right to half the plot? In this particular case, the wife has no right to claim a share in her husband's ownership of the plot.