What is LPH?
Federal Law No. 112-FZ provides a concept according to which private household plots stand for personal subsidiary farming - a form of activity that does not imply systematic income generation or entrepreneurship. A citizen and his family have the right to own a plot of land, produce and process agricultural products from it for personal purposes and needs.
Type of permitted use code 2.2, belongs to the land plot for private household plots.
The main conditions are:
- all work is performed only by the family, without hiring hired help;
- products are produced only for personal needs, excess is allowed to be sold, but irregularly;
- the category of use must appear in the relevant land documents.
In addition to VRI, there are 7 categories of land. Of these, we are interested in only two, which includes private household plots:
- ZNP - lands of settlements (homestead).
- ZSN - agricultural land (field).
Let us consider each of them in more detail, since their purpose determines whether it is possible to build a residential building on it.
How to register buildings on a summer cottage in 2021
It will be possible to decorate a garden house, if it was built a long time ago, if it:
- Located on a plot of land that is suitable for the construction of buildings;
- There must be a cadastral passport and other title documents.
To register a house that has just been built, certain conditions must also be met:
- The land must be suitable for its intended purpose;
- If the construction has not yet been completed, it is worth obtaining permission for it.
New when decorating a house, 2021 The plan is issued by the architecture committee of the local administration. At the same time, for certain cases (especially for those registering a dacha for the first time, under the “amnesty”), a number of changes, on the contrary, may seem burdensome.
Of the clear advantages of the entry into force of Federal Law No. 218 “On State Registration of Real Estate”, the following points can be highlighted: Comparison of the old and new procedures for registering a building. Before the new year, when registering your dacha and the buildings on it for the first time, you had to do the following: There was no talk of any cadastral plan. After accepting the application and the registration procedure, you became the full owner of the summer cottage and all the buildings on it.
The procedure for registering dacha buildings itself has changed since 2021, largely moving online.
The main innovation is the combination of two accounting databases into one:
- federal registration of ownership of real estate;
- cadastral registration of any buildings.
Purely technically, now you only need to submit one application, but depending on the required set of services, the time frame for receiving the final document will vary:
Which buildings on private land are subject to mandatory registration in 2021
From the point of view of subsequent taxation, this is not an increase in tax. loads, because there is a federal.
benefit: Good to put on the cadastre.
accounting and registration of ownership.
However, now instead of a declaration you will have to provide a technical plan.
By 2021, it will be possible to carry out the procedure for putting buildings installed on the site into operation. But to do this, they must be registered with Rosreestr. As for the preparation of technical plans, the procedure is as follows: you should go to the BTI, or to cadastral engineers.
Then you need to design the future bathhouse.
The design and functional purpose of the building will determine whether a building permit is required and whether registration of the facility is required. After receiving the technical plan of the facility, you need to contact the MFC or directly to Rosreestr to pay the state fee and fill out an application. Rules for individual housing construction When the plan is ready, you must submit a completed document to obtain permission to build a house.
“On the introduction into force of the Town Planning Code of the Russian Federation”
There is no need to register sheds, temporary and outbuildings, gazebos and other objects that are not related to capital construction on the land plot.
Use of a personal plot on private household plot land
A personal plot is located on the territory of a settlement, intended for development and construction (Article 83 of the Land Code of the Russian Federation).
On a plot of land it is allowed:
- grow agricultural products;
- raise domestic animals and livestock;
- erect various buildings, including a residential building.
In this case, the requirements of all urban planning standards, fire safety rules and other standards in this area must be observed (clause 2 of article 4 of law No. 112-FZ).
Registration of a bathhouse on a land plot
- General views
- What to consider when choosing sites
- Standards for building a house on an individual housing construction site
- About "red lines"
- About fire safety requirements
- Visible boundaries of the site
- Documents before and after the construction of a house
General ideas Land plots for individual housing construction (for individual housing construction) are lands intended and used for development and separated from lands of other categories by the boundaries of urban and rural settlements.
Use of field land for private household plots
Field land plots are located outside the boundaries of settlements and are intended only for the development, cultivation, and production of agricultural products.
For example: a plot of land was allocated for a potato field or corn for rural residents.
It is legally prohibited to build a residential building and household buildings on a field site, but it is permissible to build industrial premises.
In relation to land for private household plots, local authorities may set limits on the size provided for ownership. The maximum limit is 0.5 hectares, but can be increased within the framework of Federal Law No. 112, but not more than 5 times.
A plot of land for private household plots can be purchased, leased, including long-term, or even for free. Each case has its own order. But for use free of charge, plots can only be provided to certain categories of citizens.
Country of Soviets
There is a lot of confusion surrounding the concept of “dacha amnesty”. In fact, this is an opportunity to register ownership of certain real estate properties in a special manner. Let's figure out what it is, what documents you need to have, and why it is better to register your rights to a land plot and a built house as quickly as possible.
First of all, it should not be confused with free privatization, this is a completely different topic. Dacha amnesty is for those who actually already own a plot of land acquired before October 30, 2001 (the adoption of the Land Code), and can confirm this with documents.
We recommend reading: Buying an apartment using maternity capital and a share for whom
On what plot of private plot can a house be built?
Previously, it was allowed to build a residential building only on a site with permitted use for individual housing construction (IHC). Therefore, it was impossible to register permanent buildings on the lands of private household plots. The registration authorities did not recognize them as residential; it was not possible to put them into operation and obtain an address.
All points in this matter were put to rest by the Constitutional Court Resolution No. 7-P of April 14, 2008, which determined that Federal Law No. 212 does not prevent the recognition of a house on a personal plot as suitable for living. This means that you can not only register it, but also register in it.
But it is worth clearly understanding that this applies only to private household plots belonging to the category “homestead plot”. Residential construction on the field site is prohibited.
Even at the stage of planning and designing a residential building that will be built on a plot for private household plots, you need to think through all the nuances of registering it. After it is built, you need to take care of registering property rights.
How to register a private subsidiary plot and start earning money
You can organize private household plots on personal land or outside the boundaries of a populated area - on a field plot. The size of a land plot is determined by local government bodies based on the norms in force in a certain subject of the Russian Federation. Housing and other buildings can be erected on a personal plot. True, in some regions there are restrictions on the development of residential buildings - no more than 10% of the area. It is prohibited to build permanent houses on field lands, but the installation of greenhouses, pens, sheds, etc. is allowed.
Pursuing a social protection policy, the state supports low-income citizens by allocating them funds for development within the framework of a social contract for the development of personal subsidiary plots. If certain conditions are met (income per family member is less than the subsistence level, a legally allocated land plot and no debts to pay for it, the presence of three or more children), a citizen can apply to the social protection authorities with a request to allocate funds for the development of private household plots.
What is allowed to be built?
In addition to a residential building on a personal plot, it is allowed to build:
- utility rooms (shed, garage);
- household premises (summer kitchen, bathhouse);
- household (pig sty, chicken coop);
- industrial (canteen, store).
The law allows, in addition to the main VRI, to use an auxiliary one for the construction of household and utility buildings. It does not require a building permit.
For industrial premises you will need conditionally permitted VRI; for this you need to obtain permission to use the land.
“dacha amnesty” or who the state forgives
Land Code of the Russian Federation and certain legislative acts of the Russian Federation" (N 171-FZ "dated June 23, 2014), according to which, in particular, the procedure for purchasing land plots from municipalities has been simplified.
You can familiarize yourself with the main provisions of the law here.
- With regard to the registration of houses, bathhouses, garages and other buildings on land plots owned by citizens, the new dacha amnesty will improve the situation.
- For those who are interested in the possibility of increasing the area of land plots for individual housing construction, private plots, gardening, vegetable farming, owned, it is useful to familiarize yourself with the procedure for registering additions, presented on the page of the portal “Land Issue”.
- From January 1, 2021, the exact boundaries of the plot must be recorded in the cadastral passport, since it will simply be impossible to buy, sell, mortgage or donate land without an accurate description of the boundaries.
Stages of registering a house on a site
- A technical passport is issued for the residential property;
- The package of documents is submitted to the Rosreestr authority for cadastral registration and receipt of a title document.
We list all the documents that will be required for transfer to Rosreestr:
- application in the prescribed form - ;
- the applicant's identity card;
- document on ownership of a plot of land;
- technical passport for the house;
- building permit;
- document on the commissioning of housing.
Today, with regard to the registration of buildings on the lands of private household plots, a simplified procedure is in force, called the dacha amnesty. It allows you to register a residential building without an existing permit, providing only a technical passport for it and title documents for the land. The period of the dacha amnesty is limited to March 1, 2026, after which such residential buildings will be recognized as unauthorized construction. Permission to build a house is issued by the local settlement administration.
To do this you will need to collect some documents:
- statement;
- urban planning plan of the site, which is issued upon request from the architecture department of the administration within up to 30 days;
- a site plan with the location of a house and other buildings on it in compliance with the requirements and standards (the diagram can be drawn up independently on a cadastral plan, or also ordered for execution by specialists);
- documents on ownership of a plot of land.
If the package of documents meets all the conditions and the building complies with the standards, then the permit will be issued after 10 working days.
It should be clarified that the permit is not tied to the owner of the site, therefore, if it is changed, it remains valid, but for a period of no more than 10 years.
A building permit is the starting point for the construction of a residential building on a plot for private household plots. After completion of all work, the citizen applies to the local administration to obtain a certificate of commissioning of housing. For this purpose, a special commission has been created to examine and confirm the fact that the house was built in full compliance with the housing standards and complies with the previously approved development plan for the site.
The result of confirmation by the commission of the listed conditions is an act of commissioning of a residential building. This document will become the basis for registering it in the cadastral register and registering the right.
Summer building on private farms how to register 2021
This category of land has two legal statuses. If the decision is positive, the house is registered in the cadastral register and ownership is registered.
When receiving documents, you will be given a receipt indicating the date of your visit to Rosreestr.
Important If there are no doubts about the legal purity of the submitted documents, and your house is registered, you will receive an extract from the Unified State Register.
By law, a decision on the application must be made within 10 days.
When simplified options are possible Until March 2021, it is still possible to register a house using a simplified procedure.
The dacha amnesty makes it possible to register rights to a residential building if the land is on the cadastre and is owned.
Attention. Details about this procedure are written in the article on the dacha amnesty.
Remember, this simplified method is only valid until March 1, 2021.
Do I need to register my house?
A huge number of citizens are building residential buildings and other structures on their plots, but are in no hurry to register them with Rosreestr. This reluctance is due to tax evasion. The owners are wrong to assume that they can deceive the state and minimize their expenses with impunity. The country is currently conducting random aerial photography to help determine where there are illegal buildings.
The consequences of “self-construction” will be the payment of a fine for construction and for construction without permission, refusal to register and the inability to dispose of real estate, and a court decision to demolish the building. It is important to remember that it will not be possible to hide an unauthorized building behind a high fence for a long time, but you will still have to pay.
Cadastral engineers of the State Property Committee "Nedkadastr" receive a resolution on the assignment of an address from the local administration. At the request of the customer, we formulate a house project for non-standard use: for low-rise residential construction and for social, cultural and domestic purposes. Based on the project, we draw up a technical plan. We register “samostroy”, garden house, unfinished construction site, newly constructed building and other buildings in Rosreestr. We order an extract, which will reflect current information about the owner and the property.
- house registration
- private household plots land
- individual housing construction
Construction on private housing construction and private plots
Town Planning Code of the Russian Federation). Let's also assume a fourth, attic floor.
The Town Planning Code of the Russian Federation also states that the area of this house should be no more than 1.5 thousand m2 and that it is allowed to build a permanent residential building on the individual housing construction site, and the house should not be higher than 3 floors. On a plot of land with an area not exceeding 1200 m2, only 1 residential building can be built - this is indicated by the wording of the law on the construction of a detached building. In addition, the construction of a bathhouse, garage, summer kitchen, greenhouses and other outbuildings is permitted. In order to correctly locate all future buildings on the site, you need to prepare a planning organization diagram for the land plot (LPOZU) based on the land plot planning plan (GPZU). The last document must be ordered from the architecture department of the local municipality.
- Before purchasing a plot of land, you need to find out how much it might cost to connect water supply, electricity, gas, and sewerage to the house, if there are none on the site, in order to calculate the total amount of upcoming cash costs for the construction and improvement of the house.
- If a plot of land is selected for the construction of a country house only for recreation, then it makes sense to look for a plot of land next to a body of water, not far from a forest, away from noisy highways.
How to register a private household plot house if it has already been built in 2021
Some architecture departments may require a topographic survey. But according to the law, when considering your application, the department of architecture and urban planning is obliged to independently conduct a specialist visit to the area and prepare a topographic survey of the land plot on which it is proposed to build a house.
To submit documents, you will need to contact the competent authority dealing with this issue or the MFC with the following documents: First of all, you need to prepare documents for the land plot on which you are going to build or have already built a house. According to new changes in legislation, in order to obtain a permit to build a house, it is necessary to register the plot of land and conduct a survey of the land plot, determining the coordinates of its boundaries.
Documents for registering ownership of a house on agricultural land (SNT, private household plots, peasant farms)
On dacha and garden plots, not residential buildings, but dachas are being built. However, this concept is defined very vaguely by legislators. Therefore, a full-fledged residential building is also, to some extent, a garden house if it is built on agricultural land or outside populated areas. The main problem is to officially register the dacha as an individual residential property. This opportunity is provided by the dacha amnesty, which makes it possible to build without a building permit.
The following documents are submitted with the application to Rosreestr:
- A declaration drawn up by the owner of the plot claiming to be registered as the owner of the house he built. The declaration describes the fact and date of creation of the house and its main characteristics;
- Passport or power of attorney to third parties;
- Extract from the Unified State Register of Land Registers for the land plot.
Registration of a house, land plot for personal farming
- an act on the provision of a land plot to a citizen, issued by a state authority or local government body within its competence in the manner established by the legislation in force at the place of publication of such an act at the time of its publication;
Since March 1, 2010, the procedure for registering ownership of houses and land plots has been simplified in Russia - this is provided for by amendments to the laws “On the State Real Estate Cadastre” and “On State Registration of Rights to Real Estate and Transactions with It.” Among the most significant changes are the possibility of simultaneous submission of applications and documents for state cadastral registration and state registration of rights, as well as the abolition of the requirement for the mandatory submission of a cadastral passport of a land plot for state registration of rights, and from January 1, 2013 - also a cadastral passport of a building , structures, premises, unfinished construction projects. In addition, applications can be sent by mail (however, in this case a number of conditions will have to be met, including notarizing the authenticity of the applicant’s signature on the application).
