The cost of registering a house and land as a property

So that the process of registering a private house on a land plot during state registration of ownership does not seem confusing and complicated, and also in order to obtain a certificate without unnecessary paperwork, it is important what documents will need to be prepared in advance in each individual case. By law, all real estate objects are subject to state registration.

A private country house, in accordance with the Housing Code of the Russian Federation, is defined as an individual structure consisting of premises to meet human needs and rooms suitable for year-round use. In turn, the Town Planning Code establishes that a house belongs to individual housing construction if it is a separate permanent structure that has a maximum of three floors. From this we can conclude that in order to identify a private house and subsequently obtain ownership rights to it during state registration, the following conditions are necessary:

• Detached building;
• Up to three floors;
• Designed for single family living.

Next, we will consider the documents required for state registration and some nuances regarding rights.

Why do you need to register ownership of a house?

New homeowners are divided into “three streams”:

• The first to buy ready-made houses within municipalities
• The latter build them on plots specially allocated for individual housing construction
• Still others are building on the land of garden/dacha partnerships

The motives for registration differ among all groups, as do the necessary documents for registering ownership of a house. Let's dwell on the motives for now:

• A house that is not registered and not registered does not legally exist. Therefore, the owner has no legal rights to it - what rights can there be to non-existent property? Over time, a house built without the appropriate approvals and unregistered will be recognized as “self-construction”, and its owner will be fined.
• The allocated plots of individual housing construction are intended for the construction of residential buildings. If “legal” houses do not appear on them for several years, the tax on such land increases significantly.
• Country cottages in gardening partnerships were in a “suspended” state for a long time - the legislation did not give clear answers to the question of how to legitimize their ownership. Finally, Federal Law No. 171 of 2014 appeared, which was immediately popularly called the “dacha amnesty.” It is necessary to take advantage of the simplified procedure for registering these buildings, and urgently. Because the “dacha amnesty” (the period of which has already been extended several times) will end sooner or later, and it is no longer possible to carry out transactions with unregistered real estate. It's not just about selling. It is even impossible to bequeath/donate it to a relative.
• The DCT transaction cannot be considered closed until the purchased house has been registered as a property. The rights to it, of course, will be established thanks to the signed agreement, but will not yet be fully protected.

Registration of home ownership: instructions

The easiest way is to register a ready-made house, already registered in the cadastral register, purchased from the previous owner. You must submit an application to Rosreestr, accompanied by title documents and a receipt confirming payment of the fee.

If you need to register a building for the first time, the step-by-step instructions for registering ownership of a house will be somewhat more complicated. But the “dacha amnesty” is still in effect, so a simplified procedure is available. It includes:

• Calling a cadastral engineer who will survey the site and draw up a cadastral plan of the house (cadastral registration is regulated by Federal Law No. 221)
• Registration of a building permit (more recently it has been replaced by a notice of construction)
• Obtaining a technical passport for your home
• Assigning a postal address
• If you need registration, you need to resolve the issue with the local administration

Then the step-by-step registration of ownership of the house is no different from registering other real estate. You need to contact the MFC with a package of documents, or submit them to Rosreestr electronically, through the State Services portal.

Garden and vegetable plots

For state registration of a private house built on a plot of land, the intended purpose of which is vegetable gardening, horticulture or summer cottage use, it is necessary to submit the following list of documents:

If necessary, the responsible employee of the institution to which the application is submitted may require documents confirming the fact of the intended use of the land plot and its conscientious maintenance.

List of documents for registering ownership of a house

A minimum document agreement will be needed if you are simply planning to change the owner of a house already registered with Rosrestr. It includes:

• An application drawn up in a strict form. Samples can be found here, but there is no need to prepare anything in advance. At the MFC, the registrar will fill out the form himself, and when working with the State Services website, the form will appear on the screen.
• Owner's civil passport
• Title documents for the house and the plot on which it stands
• Duty receipt

If the procedure for registering ownership of a house involves preliminary cadastral registration, you will also need:

• Cadastral passports of the house and land plot
• Technical plan of the house
• Declaration for all buildings located on the site in addition to the house
• Consent documents signed by the local administration

Individual housing construction

If a residential building is built on a plot of land that is intended for individual housing construction, the following list of papers will be required for its state registration:

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State duty for registration of ownership of a house

The fee is similar to that paid for registering an apartment - 2000 rubles. It must be paid before submitting documents. At the MFC this can be done right on the spot.

If the house is registered as joint ownership by shares, the fee should be divided among all owners in the same proportions as the shares.

Registering a house as the property of spouses does not require the allocation of shares. Regardless of who is listed as the owner, the house will be considered shared. Therefore, the fee can be paid entirely by the homeowner spouse.

Sometimes the guardianship service requires the allocation of shares to minor children. The fee can also be paid in full by the parent in whose name the house is registered, since he is the legal representative of minor citizens.

The procedure for registering ownership of a house with a mortgage

Since a mortgage is taken out for the purchase of finished houses, the scheme is not much different from obtaining a mortgage loan for an apartment. There are only two significant differences:

• The package of necessary documents includes an additional title document for the land
• The interest rate of loans is slightly higher than for residential mortgages. Banks explain this by the lower liquidity of private houses compared to apartments and the increased risk of damage to wooden buildings (for example, from fire).

The rest of the agreement is standard, as is the registration procedure. EGRN enters the encumbrance of the house into the register until the loan is paid in full

Title documents for housing in different years

Over the years, documents confirming the right to real estate took different forms. Photo No. 1

The development of the legislative and legal framework in the Russian Federation provoked various changes in issues related to the execution of certain documents.

Title papers were no exception, as a result of which only in 1998 Russian citizens received a unified register, which contains information about the extent and which specific person owns a certain type of property.

This government agency is called “USRP”, which stands for Unified State Register of Rights.

Since 1998, only information from the Unified State Register is fundamental in determining the right of a person to own certain real estate. A title document for a home is a paper that is drawn up and executed in accordance with all legislative norms based on information from the legal state register.

Based on when the right to real estate was acquired by a citizen of the Russian Federation, title documents have different formats and types. The main ones are:

• certificate of registration of the right to housing from the BTI (if the right to property was obtained earlier than January 31, 1998);
• certificate of ownership of housing (when obtaining property rights during the period of privatization of residential premises in the 90s);
• certificate of state registration of rights (the main title document for real estate from February 1, 1998 to the present day).

A certificate of ownership of a home was issued by the Moscow government; just like a certificate from the BTI, it is a paper that can confirm the right to ownership of real estate by any person today.

Almost all citizens of the Russian Federation, regardless of the type of their title document for housing, are already included in the Unified State Register. Re-registration of old certificates of ownership is carried out through the state registry authorities.

Certificate of state registration of rights to real estate, sample 1998. Photo No. 2

The introduction of reforms in 1998 marked the emergence of a completely new title document for real estate. Starting from February 1, 1998, every citizen of the Russian Federation, upon receiving the right to own, for example, an apartment, was entered into the Unified State Register and received a new certificate of ownership of the home.

This document is called “Certificate of state registration of rights to real estate.” This paper refers to strict reporting documents. It has a fairly high level of protection, license plates and registration plates. The certificate is a valuable document, therefore all issues regarding its loss and storage must be resolved with a high degree of responsibility.

The Certificate of State Registration of Rights states:

• last name, first name, patronymic, date of birth, place of residence and passport details of the owner of the home;
• a complete list of information about real estate (location, occupied area, etc.);
• license plate of a real estate property, which is recorded in a special state cadastre;
• clarification by type of registration right;
• the format of the previously submitted document to the state registration authority, which confirms the citizen’s right to property (privatization paper, donation or sale agreements, inheritance certificate, etc.);
• If available, the type of encumbrance on the property and its time period are indicated.

This certificate is the main document of title among those for housing, so its receipt is mandatory when taking possession of real estate as an owner.

The procedure for preparing the paper is quite strict, since it is of particular importance and value.

The application of license plates, registration marks and other marks makes falsifying a certificate a practically impossible procedure, given that all information is also contained in the legal register of Russia.

What property documents are valid today? Photo No. 3

Despite the fact that some title documents for housing were issued before 1998 and have a different format, they are also valid at the moment. Regardless of what the paper certifying your right to own a home is represented by and when it was issued, it is still valid at the moment.

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Rosreestr - worked as a state registrar of rights. Head of the property department. I help solve problems that arise with real estate.

Ask a questionA certificate of ownership is one of the documents confirming the property right to real estate. At different times, that document had different names. Since the 60s, all information about property rights, about existing and newly built objects has flowed into a single body called BTI.

The document proving ownership of the object was the registration certificate. At different times, a technical passport was attached to the registration certificate, in which information about the owners was displayed on the first page.

In the event of a change of owner, the information in the passport was simply crossed out, and the new owner was written in with green paste.

Now there is no need to keep a paper document at home. All information is entered into a unified real estate register. If necessary, the notary or the authorities for the disposal of real estate will independently, through interdepartmental interaction, request all the required information.

As a result of the merger of the cadastre and the register of rights, at the request of a citizen, we receive a single extract containing information about the rights to the object and its technical characteristics. The same document indicates information about restrictions and the cadastral value.

However, it should be noted that many organizations work the old fashioned way, but do not have electronic access to the database of objects. In this case, the applicant must independently order the necessary document. Its cost is 300 rubles.

But you need to know that documents issued before the creation of a unified database, that is, old documents on paper, are recognized by law as valid and are used in transactions.

Deadline for registering ownership of a house

If we are talking only about registering ownership of real estate, the usual period is:

• 7 working days after submitting the application (plus 2-3 days if the application is made through the MFC)
• 1 working day when transmitting documents electronically on the State Services portal

If you first need to register the house/plot with cadastral registration, the procedure will take more time. It usually takes about a month.

Registration of ownership of a house is not so much complicated as it is troublesome. Often homeowners prefer to use the help of lawyers. It is enough to write a power of attorney, pay for the service (it will cost approximately 5-10 thousand rubles - depending on the complexity of the process), and after a while receive a ready-made registration.

But you can also save money by registering yourself, using legal advice on the prav.io portal. Initial consultations are free. The cost of more detailed and specific ones is only a few hundred rubles.

Legal difficulties

Quite often, during state registration of ownership of a residential or non-residential building, the fact of an unauthorized structure is discovered, when a building on a land plot was built without first obtaining permission. In this case, it will be impossible to obtain a certificate of ownership of property until the country house is fully legalized.

The solution to this issue will largely depend on the type of unauthorized structure. The following are the most common situations:

• The land is not registered as a property, that is, it is an unauthorized occupied territory with an unauthorized construction started and completed. In this case, they may impose a fine and be required to demolish the house if it is not possible to reach an agreement with the real owner of the land;
• Construction of a house on an area not intended for individual residential construction. On such a site, only non-residential premises can be legalized;
• Lack of permission to carry out construction work. The simplest situation that can be resolved in court;
• The house violates urban planning regulations, for example, has more than three floors or violates the boundaries of municipal property.