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Published: 03/19/2020
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Having registration at the place of permanent or temporary residence is the responsibility of a citizen. But to obtain a residence permit, it is not necessary to register in an apartment: a dacha is also suitable for these purposes. In 2021, the procedure for registering citizens in country houses and gardens has been significantly simplified. If previously you had to recognize your right to register at your dacha in court, now going to court may be necessary in exceptional cases. The simplified procedure for registering in a country house will continue to apply in 2021.
- Under what conditions can you register?
- Legal regulation
- How is it determined that a dacha is suitable for permanent residence?
- Is it possible to register for a dacha if you own an apartment?
- Registration procedure
- Disadvantages of dacha registration
What is needed to register a dacha and what requirements must a dacha house meet?
Under what conditions can you register?
To obtain a residence permit or registration at the place of residence, certain requirements are imposed on a country house. Thus, you can only register in the house to which the address is assigned. If a house is built in populated areas or cottage villages on land plots with the type of use “for individual housing construction” (IHC), then all houses are considered residential. Therefore, there will be no problems with registration at your place of residence.
Certain difficulties may arise with registration in houses located on garden plots. Thus, registration in areas intended for gardening is not allowed . Registration in houses built on the plots of a garden non-profit partnership (SNT) is permissible only if a number of conditions are met:
- The plot of land must be located within a populated area with the category of “settled area land” or “agricultural land”. They won’t be able to assign an address to a house in the forest.
- The house must be registered as residential.
- The house must be assigned an address.
- The house must comply with urban planning regulations for garden plots (have no more than 3 floors, not be classified as multi-apartment).
- The house must meet the requirements for residential premises and be suitable for year-round use.
What area should be required for registration in a residential building?
Thus, fire safety requirements are determined by Order of the Ministry of Emergency Situations of Russia dated June 18, 2021 No. 313 “On approval of Fire Safety Rules in the Russian Federation (PPB 01-03)”, adopted in accordance with Federal Law dated December 21, 1994 No. 69-FZ “On Fire Safety " Sanitary and epidemiological rules and regulations SanPiN 2.1.2.1002-00 “Sanitary and epidemiological requirements for residential buildings and premises” were approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2021.
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Persons living in dilapidated or dilapidated housing are subject to relocation. If they rented a property under a social tenancy agreement, then municipal authorities have the right to provide them with a hostel instead of apartments.
Legal regulation
Changes in the procedure for registration of registration at a dacha are now regulated by 217-FZ of 2021 “On the conduct of gardening and vegetable gardening by citizens for their own needs...” This law excludes from circulation such a concept as plots for a dacha non-profit association, as well as the very concept of “dacha”. Only two types of partnerships were retained: gardening and horticultural.
This law replaced 66-FZ of 1998, which for a long time regulated issues of gardening and vegetable gardening. Although it was possible to register at a dacha before, this was associated with large bureaucratic obstacles. In Art. 3 217-FZ emphasizes that it is allowed to grow agricultural products on a garden plot of land and place residential buildings and outbuildings on it . It is the indication of the right of citizens to build residential buildings on garden plots that makes it possible to register in them. At the same time, lands for gardeners are intended exclusively for agricultural work. Owners can grow crops here, but housing construction is prohibited here. The maximum that is allowed here is small outbuildings for storing crops or gardening tools.
If citizens who have built residential buildings receive recognition of permanent buildings, then it will be possible to register here regardless of what land the property is located on.
What is the minimum land area for registering a residential building?
Minimum sizes of land plots provided to citizens as property Establish the minimum sizes of land plots provided to citizens as property for running: peasant (farm) farming - 2.0 hectares; gardening - 0.06 hectares; truck farming - 0.04 hectares; summer cottage construction - 0.06 ha. Article 2. Maximum sizes of land plots provided to citizens as property Establish the maximum sizes of land plots provided to citizens as property for running: peasant (farm) farming - 40.0 hectares; gardening - 0.15 hectares; truck farming - 0.10 hectares; dacha construction - 0.25 hectares.
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The maximum (maximum and minimum) sizes of land plots provided free of charge in cases and in the manner established by the laws of the constituent entities of the Russian Federation to citizens with three or more children are established by the laws of the constituent entities of the Russian Federation. 3. For purposes not specified in paragraphs 1 and 2.1 of this article, the maximum sizes of land plots are established in accordance with duly approved norms for land allocation for specific types of activities or in accordance with the rules of land use and development, land management, urban planning and design documentation.
How is it determined that a dacha is suitable for permanent residence?
Many citizens have quite good country houses, but live there only in the summer due to the fact that the infrastructure is not well developed: in winter they do not clear snow, there is no access to communications and social facilities (shops and clinics), many houses do not have heating and etc. Therefore, it is not possible to register at every dacha. Registration in houses for seasonal residence is unacceptable.
A country house can be considered suitable for permanent residence if it meets a number of requirements . Among them:
- The house must have all engineering networks: connected to water supply, electricity, heating, drainage, ventilation, etc.
- The house must have reliable supporting structures and a roof.
- There should be windows in the rooms and kitchen to provide natural light.
- The heating system must be suitable for maintaining a temperature in the apartment of 18 degrees.
- The ceiling height in living rooms and kitchens cannot be less than 2.5 meters, in corridors cannot be less than 2.1 meters.
- The floor of the first floor must be higher than the planned ground level.
Deviations from the above standards are acceptable in some cases. For example, if there are no central communications in the area, then the water supply can be replaced with a well, the sewerage with a septic tank. But the height of such a house cannot exceed 2 floors.
How do you feel about the possibility of registering at your dacha?
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Minimum house area for registration
4.5 The height (from floor to ceiling) of living rooms and kitchens in climatic regions IA, IB, IG, ID and IIA (according to SNiP 23-01) must be at least 2.7 m, in the rest - at least 2.5 m. The height of living rooms, kitchens and other premises located in the attic, and, if necessary, in other cases determined by the developer, is allowed to be at least 2.3 m.
In order to reflect all the contents of SP 54.13330.2021. we don’t have enough time, and you don’t have enough attention, especially since you can read the full text here, and it’s quite difficult to understand. Therefore, we will limit ourselves to a compilation of useful material related to our topic - the minimum area of apartment premises. First, let's go through the standards for the minimum area of the apartments themselves.
Is it possible to register for a dacha if you own an apartment?
There is no need to provide proof that the house on the dacha plot is the only suitable place to live: every citizen has the right to choose where to register (in an apartment or in a dacha). If a person permanently resides outside the city, then it is preferable for him to register at his place of actual residence. This will facilitate access to social services.
But in order to obtain permanent registration at a dacha, a citizen must first register at his previous address , since having several registrations at the same time is unacceptable.
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How to register at a dacha according to the new law of 2021
- in winter, roads are not always well cleared of snow, which makes it very difficult to travel directly to your site;
- outside the city, especially in the winter, the infrastructure is insufficiently developed; grocery stores, pharmacies, schools, and kindergartens are located far away;
- Not everyone has enough money to build a warm winter home, which makes it difficult to live in a house during the cold winter months.
- papers confirming a registered marriage;
- birth documents of children;
- permission from the second parent to register the child is necessary if the child is registered with only one of the parents who is no longer married to the second;
- detachment sheet from the previous place of registration.
Registration procedure
To register a residence permit in a country house, you must go through the following steps:
- Have a residential premises with properly registered property rights.
- Submit an application to the Main Directorate of the Ministry of Internal Affairs for registration at your place of residence. The application must be accompanied by a passport, title information for the property (certificate of ownership or an extract from the Unified State Register), documents confirming the recognition of the house as residential (decision of an interdepartmental commission or a judicial act).
- The citizen must be registered within a week and have his passport stamped. Upon temporary registration, he is given a certificate.
In some cases, it is first necessary to transfer the house to residential status. To do this, a citizen needs to contact local authorities or the MFC. Authorized authorities must make a decision on the owner’s application for compliance with the Housing Code and its Article 23.
The application must be accompanied by a passport, title documents, floor plan, technical passport, a conclusion from the fire inspectorate or the Sanitary and Epidemiological Station on the admissibility of using the building as a residential premises (if these authorities refuse to recognize the house as residential, further appeal to local government bodies is meaningless), a conclusion from a self-regulatory organization (SRO ) in the field of construction about the technical condition of the building.
When the local government commission considers the application, it makes a decision on it. If the decision to recognize the house as residential was negative, then the citizen can go to court on this issue . To do this, a claim is filed with the court to declare the building suitable for year-round habitation.
What should be the minimum area of land for registration in a private house?
Dear owners of land plots in the Mavrino holiday village. We have good news for you! Extracts of ownership were received from the Rosreestr Office for the Moscow Region in relation to 13 (thirteen) land plots: No. 28, No. 45, No. 78, No. 97, No. 122, No. 123, No. 138, No. 140, No. 149, No. 163, No. 180, No. 248, No. 293. Original statements will be available in our office from 01/26/2021.
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Dear owners of land plots in the village of Mavrino! We inform you that the first general meeting will be held on June 18, 2021 at 11:00
owners of plots. The venue is near the entrance group to the village. For all questions of interest, you can contact directly the initiator of the meeting - the chairman of the DNP "Mavrino Village" Alexandra Borisovna Salova, school No. 268, tel. 89037806352
