Is it possible to legalize construction on your own plot and on municipal land?
Legalizing unauthorized construction in 2021 through the court is a promising solution if:
- the developer has the right to build on this land plot (for example, he owns the land or has leased it for construction);
- the construction does not violate construction and urban planning standards;
- it is safe and does not violate the rights of other persons (for example, the owners of a neighboring plot, the holder of an easement on a plot under an unauthorized building).
All these conditions must be met simultaneously. If at least one of them is violated, then you should first eliminate the violation, and only then go to court (clause 3 of Article 222 of the Civil Code of the Russian Federation).
Registration process
It is more difficult to register a real estate object built on an individual housing construction plot than a dacha in SNT.
Innovations in legislation, which came into force on January 1, 2021, have simplified the procedure a little - now you do not need to show the commissioning certificate. But the rest of the package of documents remained large. What documentation needs to be collected in order to register ownership of a house built on your own land?
- Passport of the owner of the house;
- a document guaranteeing rights to a land plot;
- house cadastre plan;
- real estate declaration;
- application for recognition of ownership;
- receipt for payment of state duty.
The list is considerable, especially since there are many documents that will have to be completed in different authorities. The procedure for registering a residential property consists of several stages:
- Drawing up a technical plan.
- Registration according to the cadastre.
- Contact Rosreestr.
- Obtaining a document guaranteeing ownership.
Let's look at each of these steps in detail.
Contacting the BTI
The first stage of registering ownership of a house is drawing up a technical plan. This document is drawn up by a cadastral engineer, who can be invited by contacting the Technical Inventory Bureau attached to the area where the building is located. It is important that the house is built on land that is intended for individual housing construction.
The engineer must prepare the following list of documents:
- permission to build a house;
- construction project;
- registration certificate of the house, if available;
- permitting paper for commissioning;
- papers confirming ownership of a plot of land.
If permission for commissioning is necessary, then after drawing up the technical passport and technical plan, the owner of the house needs to send an application to the administration of the locality with a request to assign an address to the building.
After these papers are in hand, the owner of the property will have to again send an application to the authority issuing a construction permit and receive there a document on the commissioning of a residential building.
According to regulations, this procedure takes up to 10 working days.
What to do if the owner does not have permission to build and the house was built without it? In this case, you can declare the house; the declaration will be filled out by the owner of the house or an engineer from the Bureau. There are several options for legalizing unauthorized construction:
- appeal to a judicial authority;
- completing paperwork retroactively - obtaining permission without notifying the authority that the house has already been built, and after a period of time handing over the object;
- submit an application for the preservation of the immovable property to the commission for the preservation of unauthorized buildings.
The declaration includes all buildings located on the site, with a full indication of their characteristics. Information about the location of the house is also entered there.
The technical plan can be drawn up either in the form of a paper document or in electronic form, at the request of the owner. In the latter case, it is certified by the engineer’s electronic signature.
It is difficult to name the exact cost of services, because prices for the work of a cadastral engineer vary depending on the region where the house is located, the deadlines for completion (an additional amount is paid for urgency). On average, prices are in the range of 400-1200 rubles.
The procedure for drawing up a technical plan is regulated by Federal Laws No. 221 of 2007 and No. 218 of 2015.
Once the owner has a technical plan drawn up by an engineer, the next step he must take is to contact the Cadastral Chamber. In this organization, the real estate property is registered according to the cadastre. To complete this procedure you must provide:
- certificate of ownership of the land plot on which the property stands;
- a completed registration application form;
- passport.
The process itself is paid; a state fee must be paid for it. The period for registration of cadastral registration takes 5 working days.
Just as in the case of a technical plan, it is difficult to name the cost of performing cadastral services, because it depends on the timing, region, and distance from the populated area. For standard processing, the cost starts from 400 rubles, for urgent processing - from 1,500 rubles.
And finally, the final stage of obtaining rights confirming ownership of a house is to contact the registration authority with a complete package of papers. There are several options for submitting documentation:
- in writing directly to Rosreestr;
- through the MFC branch;
- in electronic format using the State Services website;
- by post.
An authorized employee of the state registration authority fills out an application for obtaining ownership rights.
This is a standard form in which there should be no errors or corrections, and the owner of the house reads it carefully and signs, confirming his agreement with the entered data.
Having accepted all the papers, the employee gives the applicant a notice when he needs to come again.
Submitted papers are reviewed within 10 working days. If they are compiled correctly and there are no established facts of filing false information, then Rosreestr registers the object and provides the owner with an extract from the Unified State Register of Real Estate. This extract is considered confirmation of the owner's rights to the house.
Registration of property is an important stage in the construction and moving into a private home. Any buildings that have not passed state registration are considered illegal. It is impossible to obtain a city address on them, and you cannot make legal transactions with them.
If you want to sell, register a deed of gift, or include in a will a built house, even if it is located on your own site, it will be impossible to do this.
We invite you to familiarize yourself with: Joint ownership of an apartment without determining shares
Despite the apparent complexity of the process, it does not take much time and effort if all documents are correctly completed and collected on time.
What are the consequences of non-recognition of the right to unauthorized construction?
If construction requirements are not met, local authorities have the right (clause 4 of Article 222 of the Civil Code of the Russian Federation):
- Make a decision on demolition (only if the building is located on a site unauthorized by the developer or if similar buildings cannot be erected on the site).
- Go to court with a claim for demolition (in all other cases).
In addition, paragraph 1 of Art. 9.5 of the Code of Administrative Offenses of the Russian Federation provides for liability for construction without permits, if obtaining them is mandatory. Responsibility consists of a fine:
- up to 5 thousand rubles on citizens
- 50 thousand rubles. - on individual entrepreneurs;
- 1 million rub. - for the organization.
Instead of a fine, individual entrepreneurs and legal entities may face suspension of activities for up to 90 days.
Seizure of a land plot (including for construction on it) is an independent offense (see Article 7.1 of the Code of Administrative Offenses of the Russian Federation), which is punishable by a fine calculated as a percentage of the cadastral value of the plot.
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So, today it is possible to legalize unauthorized construction only through the courts. If you neglect this procedure, there is a high probability of not only losing the construction project, but also being subject to a serious fine.
Where to start registering ownership of a built house
The first steps need to be taken at the planning stage. When you have chosen a construction team (a large selection of trusted contractors on the website building-companion.ru), notify the local administration about the start of individual housing construction through the State Services portal, a multifunctional center. To do this, you only need coordination with the necessary authorities and a preliminary description of the project.
Then, after the completion of construction work, you need to submit documents along with the technical plan. The task of the local administration is to confirm that the building complies with urban planning standards, and then submit its own conclusion along with a package of papers to Rosreestr. Here the legal registration of the house will already take place after construction.
If construction began under the old rules, when it was necessary to obtain permission, you may be refused to transfer the documentation in this way, citing changes in legislative acts. Then you will have to take a notification about the object’s compliance with technical requirements.
Another rule that needs to be implemented at the very beginning is contacting a cadastral engineer. Only a certified specialist can prepare a technical passport for a residential building. Any individual can check whether a given employee has certification on the Rosreestr website. To create a technical plan, the engineer will need the following documents from the copyright holder:
- Construction permit (under the old system) or notification of the start of construction.
- Project (graphic diagram along with text design documentation).
- Approvals from responsible authorities.
- Notification from the local administration about the compliance of the building with urban planning standards.
This is where we should start, and now let’s move on directly to the stages.
Punishments for self-construction
If you received an unauthorized building along with the land or you decided to build it, you should know that the law introduces penalties for construction carried out without the permission of representatives of government agencies. In practice, there are several scenarios:
- If you erect a building on a piece of land of which you are not the owner, it is regarded as a seizure of someone else's land holdings and is punishable by a fine. For citizens, its size varies within one thousand rubles, for companies it can be up to 20 thousand rubles.
- If you have erected a capital construction project on land that cannot be used to solve such problems, then such a building will have to be dismantled and all costs incurred during its demolition will have to be paid.
Demolition of an unauthorized building is the only measure to avoid serious problems with the law if the structure was erected without taking into account the building codes and safety rules established for buildings and structures.
What problems may arise: pitfalls
Most often, owners of new real estate encounter the following difficulties:
- Incorrectly drawn up technical plan of the facility or other design documents invalid due to execution errors. This act is prepared by cadastral engineers. They must constantly undergo certification for their activities. Before contacting them for a technical plan, you should check the availability of the certificate on the Rosreestr website. There is also such an indicator as the number of failures. If there are many of them, the specialist is probably not competent enough.
- They built a house, but they didn’t know how long it would take to register ownership of it. Failure to meet deadlines is a rare occurrence, but due to the transfer of documents between authorities, the waiting period may increase. You should take this into account by setting aside at least 10 days in advance to receive an extract.
- Insufficient number of papers. For example, the land on which the building was erected is not included in the Unified State Register of Real Estate, that is, the rights to it are also not confirmed. Or the site is not intended for residential construction. In such situations, the problem is resolved in court with the help of lawyers.
