Legislation changes quite often, and it is difficult for citizens to keep track of it. The dacha amnesty is either completed or extended; notification of future construction is sometimes necessary or not. Changes in the law are accompanied by various rumors and speculations, often unrelated to reality. Many people have garages, greenhouses, bathhouses, sheds, and summer kitchens on their property, in addition to their houses. Maybe while the dacha amnesty has been extended, it’s worth quickly registering all the auxiliary buildings? We will figure out whether it is necessary to register a bathhouse on a land plot, and what the tax will be for it, as well as whether it is worth registering other buildings.
Bathhouse in the garden
The law states that rights to any capital buildings must be registered in the Unified State Register of Real Estate (USRN).
It follows that they will be taxed. This position of the state is clear - accounting of real estate, formation of budget funds. But at the same time, the law does not clearly indicate mandatory registration of auxiliary buildings.
Whether or not to register a bathhouse is the right of citizens. You can register, or you don’t have to. The owners of bathhouses on garden plots have no obligations in this regard. We are talking, in this case, about private bathhouses for personal use, and not about bathhouse complexes for commercial use.
The dacha amnesty should not be confused with the registration of all other buildings on the site. The dacha amnesty is intended primarily for simplified registration of plots and residential buildings in the SNT and DNT (many citizens have not even registered their houses yet).
But at the same time, if you built a bathhouse and want it to be the subject of a transaction along with the house and land, you can register it and register the right to it. How to do this, read below.
Services that will help solve similar issues
Until recently, no one had heard anything about cadastral registration, but 2016 has increased the level of legal literacy for many. The entry into force of the law on calculating taxes based on cadastral value, encouraging owners to register their rights to real estate under the threat of fines and retroactive taxation have made cadastral registration issues extremely popular in Russia recently. Moreover, legislators took on not only owners of individual housing construction plots, but also summer residents, promising to scan the entire territory of the country using aerial photography (“I can see everything from above, you know that!”) and identify unauthorized and unregistered buildings. All this hectic activity is designed to replenish the country’s tax base and bring multi-billion-dollar revenues into the budget, which currently do not reach there.
We are often asked the question whether outbuildings such as bathhouses, sheds, toilets, etc. should be registered in the cadastral register.
Let us explain that today it is required to register cadastral records and register property rights for permanent buildings over 50 square meters.
Garages, bathhouses, sheds, etc. are not considered capital buildings and therefore are not subject to mandatory registration of rights
Nevertheless, in many cases, owners may want to register ownership rights to such objects, for example, in situations of inheritance and sale of shares, claim disputes with neighbors and the state, etc. And if such buildings have signs of capital structures, then they can be registered , incl. in a simplified manner according to the so-called “dacha amnesty”, or rather according to Federal Law No. 93 For the construction of garages, bathhouses and other non-permanent buildings in accordance with clause 17 of Art. 51 of the Town Planning Code of the Russian Federation, no construction permit is required. Therefore, they can be registered according to a simplified scheme on the basis of an application, title documents for the land plot and a declaration. The owner fills out the declaration independently. It indicates
- site address
- location
- type of buildings
- the materials from which they are built
etc. The declaration form is approved by the Ministry of Economic Development of the Russian Federation.
And that’s all you need to register ownership of auxiliary buildings on a garden plot
For utility blocks, bathhouses, garages, etc., located on the territory of plots in populated areas, a cadastral passport of the land plot will additionally be required.
You can submit documents and receive the result in person, electronically, through the MFC or by mail
Whether the object is real estate will be determined by the state registrar together with the cadastral registration authority during the legal examination process when considering the submitted application
If it was not possible to register rights to additional buildings using a simplified scheme, you can try to resolve this issue in court.
You need to understand that registration of ownership rights to additional buildings will entail the emergence of requirements for payment of real estate taxes on them. But in many cases, the loss from taxes will be insignificant compared to the potential damage from the fact that the object is not real estate for the state and you are not its owner.
Bathhouse for individual housing construction
The issue with buildings erected without documents on their own plots is very acute; many cases of demolition of not only residential buildings, but also other buildings are being heard in the courts.
It states that permission is not required for the creation of non-permanent buildings (shed, kiosk) and auxiliary facilities, a specific list of which is not mentioned anywhere in the law. Auxiliary buildings are objects intended to serve the main building on the site - a residential building.
A bathhouse, garage, summer kitchen on a site for individual housing construction and private household plots can be built without permission. This is indicated by Art. 51 GrK. All of the above buildings are considered auxiliary buildings to a residential building. Therefore, you can register them without problems if you have a registered home. We only recommend that you follow building codes when constructing such buildings.
Receive an extract from the PPZiZ, familiarize yourself with the indentations from the boundary. The bathhouse should be built at a distance of at least 1 m (from the edge of its hanging elements) to the neighbor’s fence. When constructing it, it is necessary to take into account the requirements for indentations and fire safety. And also, before any construction, it is necessary to collect data on special zones at the location of the site.
Another question is whether it is worth registering a bathhouse in the Unified State Register of Real Estate on a site for individual housing construction or private household plots. Here the situation is the same as with buildings on a garden plot. On the one hand, any capital structure is subject to registration, on the other hand, so far citizens have not been persecuted by Rosreestr and the Federal Tax Service for the construction of auxiliary buildings.
Compliance with sanitary and fire safety standards
When constructing a bathhouse, you must follow sanitary, construction and fire safety regulations. The choice of location for building a bathhouse on a garden plot is made in accordance with SNiP 30-02-97:
- The building is located at a distance of at least 1 m from the border with neighbors. If there are wooden structures on the adjacent property, the distance is 15 meters.
- The building is being built at a distance of 8 m from a residential building.
- The distance from the bathhouse to the forest is 15 m, to the trees – 4 m, to the bushes – one meter.
- The building is located at a distance of 12 m from drinking water.
- The building must be on a hill (protection from flooding).
- The pit for the foundation cannot be dug in places where communications pass through.
The bathhouse is a building with a high fire hazard. To register ownership, it is necessary to comply with the provisions of SNiP 2.01.02-85, 41-01-2003, as well as GOST 9817-95:
- wood for finishing a room with minimal release of resin, treated with an anti-flammable mixture;
- the chimney and ceiling are finished with heat-resistant material;
- the floor and walls adjacent to the stove are covered with metal sheets and other non-combustible material;
- the heating structure is raised above the floor level;
- a ventilation system is installed in the steam room;
- presence of a fire extinguisher.
Electrical installations of the building are grounded. A circuit breaker and a protective shutdown device are installed on the input network.
How to register a bathhouse
To register a bathhouse on a site for individual housing construction and private household plots, you need:
- Order a technical plan for a non-residential building. An engineer will come to the site to coordinate the corners of the building and take internal measurements.
The technical plan consists of a text and graphic part (floor plan); for its preparation, legal documents for the land and for the residential building are needed.
- Submit an application to the MFC. You will need to pay a state fee for establishing ownership rights (350 or 2000 rubles) and a ready-made technical plan.
- In Rosreestr, the bathhouse will be assigned a cadastral number, a registration number of the right, after which the applicant will be given an extract from the Unified State Register of Real Estate.
We remind you that registration of an auxiliary structure is impossible without the main one.
How to design a bathhouse in SNT:
- Order a technical plan. To do this, you need a title document for the plot.
- Check and sign the declaration prepared by the cadastral engineer. It shows the characteristics of a non-residential property: area, wall material, year of construction, number of floors, etc.
- Submit an application and technical plan to the MFC. The fee for the creation of a right is 350 rubles.
- Receive an extract from the Unified State Register of Real Estate.
To register a bathhouse in SNT, it is enough to own a plot of land.
Commercial baths are registered in a similar way, only the technical plan includes permitting documentation, if it has been obtained.
What does the law say?
To briefly answer the question about the need to register a bathhouse, then it all depends on the type of premises: if the bathhouse meets the characteristics of real estate, then registration is mandatory, if not, state registration is not mandatory.
Obviously, depending on the type of construction, a bathhouse on an individual housing construction site in SNT can be either real estate or a temporary building.
In accordance with Art. 131 of the Civil Code of the Russian Federation, rights to real estate are subject to mandatory state registration.
To determine whether a building is a real estate premises, it is necessary to refer to the provisions of the Civil Code of the Russian Federation. In accordance with Art. 130 of the Civil Code of the Russian Federation, there are two characteristics of real estate:
• it is firmly connected to the ground;
• cannot be separated from it without causing significant damage.
Usually the characteristic of continuity is associated with the capital structure of the structure, but this is not entirely true, since it does not directly follow from the law. In Art. 1 of the Civil Code of the Russian Federation, the fact of determining capital is associated with the construction process:
- construction of foundations on piles;
- installation of reliable supporting structures;
- provision of communications.
After all, capitalism as a characteristic of a structure is the opposite of non-capitalism, which means the temporary nature of buildings.
The Supreme Court in its ruling dated April 7, 2016. in case No. 310-ES15-16638, he proposed to consider a thing immovable if such are its natural properties or if this is directly indicated in any law.
As the Federal Tax Service explains in a letter dated October 1, 2018 N BS-4-21/ [email protected] “On the criteria for distinguishing between types of property (movable or immovable) for the purposes of applying Chapter 30 of the Tax Code of the Russian Federation,” federal laws can classify real estate as completely different objects. For example, within the meaning of Art. 15 of the Housing Code of the Russian Federation it follows that the legislator classifies all types of residential premises and even their parts (for example, rooms) as real estate. In the appendix to Federal Law-19 dated January 10, 2003. it is indicated that real estate also includes garages and summer houses.
There are no instructions regarding bathhouses in the law yet, but based on the practice of applying the law, including judicial practice, the following can be said: a bathhouse with a buried foundation, provided with communications and recreation rooms, is recognized as an immovable object with all the ensuing consequences in the form of the need for registration .
Bath tax
It is the need to pay tax that often stops owners of permanent buildings from registering them.
The tax on a bathhouse is 0.3–0.5% of the cadastral value; the specific rate in each region is determined individually.
The size of the cadastral value will become known only after the property is registered.
In accordance with the Tax Code of the Russian Federation, outbuildings up to 50 sq. m are not taxed. That is, for a registered bathhouse, the area of which, for example, is 49 square meters. m, you won't have to pay tax. However, you need to report the object registered in the Unified State Register to the tax office, indicating your benefit. True, this possibility is applicable only to one outbuilding on the site.
There are also 15 categories of citizens who are fully or partially exempt from paying taxes. This includes pensioners, disabled people, families of those killed in the line of military duty, etc. The full list of beneficiaries is listed in.
If the bathhouse is not an independent building, but part of the house, its area refers to the total area of the entire facility and, of course, is subject to tax.
When is a building permit necessary?
In accordance with the Town Planning Code of the Russian Federation, approval is required for permanent buildings - residential and engineering structures. The law provides a list of buildings that do not require a permit - garages and other buildings not related to making a profit. Whether baths can be classified as one of them cannot be answered unequivocally. Small premises without communications are included in this list, but often such structures are built on a large scale and comfort.
You need to know: a building with living rooms is considered capital and requires permission.
If the owner decides to add a sauna or bathhouse to the cottage, permits are required. In this situation, changes occur in the authorized housing plan, so adjustments must be agreed upon by various authorities. The assessment is given not only to the increase in area, but also to the characteristic parameters of strength, sanitary, and fire safety.
Can authorities identify an unregistered bathhouse?
In the media, with references to legislative sources, reports regularly appear that it is necessary to register all capital outbuildings on the sites.
If an object has a foundation, if it cannot be moved to another place without the threat of destruction, then this is clearly an OKS subject to taxation and registration. At the same time, drones will identify illegal buildings, the owners of which will be required to pay fines. Of course, Moscow and the region are primarily susceptible to identifying buildings not included in the register in innovative ways. Currently, this practice exists in several regions, and it is planned to apply it throughout Russia. The attention of Rosreestr will be focused not only on unregistered buildings, but also on the boundaries of the plots, or more precisely, the accuracy of their determination.
If an unregistered bathhouse is discovered using aerial photography, a visiting team (representatives of local administrations, tax authorities, BTI) will be sent to the site to confirm the information obtained using the drone. If the authorized commission decides that your building must be listed in the Unified State Register of Real Estate, you will be notified of this in writing. After this, the owner of the unregistered building must register the building before the date specified in the letter. If the owner ignores such a notice, he faces a fine.
There is no information yet that without your knowledge, only based on the results of aerial photography, Rosreestr will register capital buildings, and the Federal Tax Service will assess taxes and fines. But if this happens, without prior notice and an inspection commission, it is recommended to go to court. The defendant is the tax service.
If you do not want to take relations with the authorities to such extreme measures and expose yourself to the risk of receiving an increased tax rate for evading payment, as well as fines, then register permanent buildings on your site.
Let's sum it up
Since permission to build a bathhouse (notification) for private use is not required, it can be registered at any time. Registration of a bathhouse is associated with the following costs: for a technical plan, a state duty for the emergence of a right, and subsequently an annual tax after it is registered in the Unified State Register of Real Estate. Therefore, those citizens who are now not ready to bear the cost of a personal bathhouse on their property can wait some more time, monitoring the actions of the authorities regarding the replenishment of the budget through personal property taxes, and taking into account the practice of using drones to identify unregistered buildings. The choice is yours whether to register a bathhouse in 2021 or not.
Read: Inspection report for deregistering a property from the cadastral register
