Having a residence permit is a citizen’s responsibility. If registration is missing, a person will not be able to use a number of services, and may also be subject to administrative liability. Not all citizens have an apartment in the city. Owners of real estate that are part of a garden partnership are wondering Is it possible to register in SNT in 2021? Not long ago, the current legislation was amended. The implementation of such a procedure has become real. However, registration in SNT differs significantly from the standard registration procedure, which is carried out in a city apartment.
Not every property can be used for registration. If a person applies for registration in a building that is part of a housing association, he may be refused.
Only capital real estate that is registered in accordance with the provisions of the current legislation can be used for registration. If the requirement is not met, the application will be rejected. To avoid finding yourself in this situation, experts advise familiarizing yourself with the specifics of the registration procedure in advance. We will talk further about what property can be used for registration in SNT, the necessary package of documentation, as well as the procedure for carrying out the procedure and its cost.
Possibility of registration in SNT in accordance with the new law
If a person wants to figure out how to register at a dacha under the new law in 2021, it is worth turning to the legal act. The opportunity to register buildings that are part of the SNT was provided to citizens in 2015. Previously, there was a ban on performing such an action. However, it was found to be contrary to the Constitution. In accordance with the government decree of June 30, 2011, the development of a regulatory legal act began that allows you to register in real estate that is part of a garden non-profit partnership.
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Until the adoption of the law, dacha buildings were considered unsuitable for habitation. Therefore, registration in them was not possible. However, the State Duma adopted a law that allowed the registration of buildings on the territory of SNT if they are considered suitable for living all year round.
Despite the fact that citizens have received the right to register in garden real estate, the procedure for registering such buildings has not yet been fully worked out.
However, the very fact of recognition as possible for the registration of such a registration allows a person to demand respect for his rights and register it in real estate related to SNT. If a citizen plans to register in a garden property, he will have to go through a more complex procedure than standard registration.
Is registration possible?
In accordance with the position of the Constitutional Court of the Russian Federation, the procedure for registering persons at their place of residence or stay is not associated with the imposition of any additional duties.
The main purpose of registration is to maintain administrative records of citizens in the country. The law establishes a number of restrictions, which relate to the ban on registration in certain real estate properties.
On the other hand, persons residing in the Russian Federation are required to undergo a mandatory registration procedure at their place of residence.
So, if a person lives on the territory of a gardening partnership, he is required to register at his place of residence. On the other hand, the ban on registration on the territory of SNT makes the registration procedure impossible.
Due to the position of the Constitutional Court on this matter, the ban on registering citizens in the SNT is invalid.
How to obtain permission to register in SNT?
When figuring out how to register at a dacha under the new law in 2021, a person will find out that today houses that are part of the SNT can be given the status of “individual residential buildings”. To obtain it, the premises must meet certain requirements.
You can only register in a dacha building that:
- Is capital. A residential building must be erected on a foundation, have permanent walls and interior decoration.
- The land under the house belongs to the citizen. If it is rented, the authorized body will refuse to provide registration. This decision is justified by the fact that in fact the piece of land is owned by SNT. Registration under such conditions is not possible. If a person plans to register in a summer cottage, he will need to privatize the land.
- The status of the land meets the established requirements. If the plot under the house has an agricultural purpose, transferring the property to the status of residential premises and registration in it will be impossible.
- All communications have been carried out to the dacha building in SNT. Water supply, heating and electricity must be present. In this case, the room can also be heated by a stove. Its presence cannot become an obstacle to the recognition of real estate as residential. The lack of running water is also not a reason to reject an application for recognition of real estate as residential. A well can be used as a source of water supply. However, a conclusion from the SES will be required that the water in it is suitable for drinking. If liquid is brought in, the authorized bodies will reject the application to recognize such premises as residential.
- The garden plot must be located within a populated area. If the premises meet all the requirements, but are located far from a city or village, it will be impossible to register there. It will not be possible to obtain a certificate of ownership of the building. An obstacle to this will be the lack of an address. It will not be possible to register on a plot intended for gardening without a certificate of ownership.
Only after the premises are recognized as residential, you can proceed to further actions for registration in the premises that are part of the SNT.
Register in SNT
- The foundation of the house is solid and built in accordance with the latest SNiPs.
- The frame and main structures of the house must be safe for citizens and durable.
- The house must be built in such a way that citizens can move around the area without putting themselves in danger.
- The water supply, electrical supply, air circulation and heating systems must function properly in the house. Cold water is tested for compliance with sanitary standards. The remaining systems must be in working order all year round and not pose a danger to citizens.
- The walls and roof of the house should not leak.
- Living rooms and kitchens must have a source of natural light (windows)
- The house must be inspected to ensure it complies with fire safety regulations.
- The room must be safe when checking the level of sounds and harmful emissions.
- The size of the house must be sufficient for a citizen to live in.
- One of the main problems is the lack of conditions allowing year-round living in accordance with sanitary standards. Not all country houses have the necessary systems. If there is no drinking water, sewerage and heating supply, the commission will not give its approval.
- If a citizen does not have enough documents proving ownership of a country house or land plot, the court will refuse registration.
- One of the main problems is an empty plot of land without a housing structure. There are cases when an applicant wants to register on a property where there is no residential premises. It is impossible to register without a house, since registration on an empty plot is equivalent to living on the street. This is prohibited by law.
- You can register in a holiday home only if it is located in a holiday village with developed infrastructure. It is impossible to register in a separate house.
- If a citizen has permanent registration at another address, it will not be possible to register with SNT.
The procedure for recognizing a dacha building as suitable for habitation
When determining whether registration in SNT is possible in a residential building, a citizen must familiarize himself with the peculiarities of the procedure for recognizing a country house as suitable for habitation. Local authorities have the right to name it as such. To begin the procedure, you will need to contact a representative as part of the application. When starting an analysis of the premises, employees of the authorized body will be guided by Article No. 23 of the Housing Code of the Russian Federation.
In most situations, local government representatives require a citizen to provide an expert opinion on the technical condition of the building. Only specialized organizations that have authorization papers to provide such an opinion can issue documents. Additionally, the citizen will have to contact the SES and the fire inspectorate. You will also need to submit an application requesting the provision of relevant conclusions.
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When all the documents have been collected, the garden owner will have to visit the local government again. Based on the citizen’s application, a special commission will be created. She will examine the documentation provided and make a decision.
The commission's verdict regarding a dacha plot can be either positive or negative. If a citizen believes that the decision made violates his rights, he can go to court.
A building that is part of the SNT may be refused recognition as a residential premises even at the stage of receiving the conclusions of the fire inspection, Rospotrebnadzor and other commissions. In this situation, it will be necessary to eliminate the identified violations and then apply for a conclusion again.
Legal address and location
At the moment, the legislation on registration of legal entities contains two requirements regarding determining the address of an organization:
- the location of the organization must be determined in its constituent documents accurate to the city or other locality (municipal entity) in accordance with paragraph 2 of Article 54 of the Civil Code of the Russian Federation;
- in addition, the address of the legal entity must be indicated in the Unified State Register of Legal Entities (USRLE) - i.e. street, house and premises within the location of the organization (clause 3 of the same article 54 of the Civil Code of the Russian Federation).
Alexander Vasiliev
Lawyer
The concept of “legal address” is absent in the law. But in practice, this designation refers to the place where the organization is registered, indicated in the Unified State Register of Legal Entities. It is contrasted with the actual address at which the legal entity actually conducts business.
The exact address of SNT will be needed for the purposes of conducting business, indicating in contracts, receiving gardeners by SNT management bodies, receiving correspondence and other similar issues. Also in accordance with Art. 54 of the Civil Code of the Russian Federation, at the location of the organization, its permanent operating bodies of management operate - first of all, the sole executive body (that is, the chairman of the SNT).
If the location and registration address of SNT in the documents do not match, the tax service may draw attention to this and send a written request to SNT to eliminate the inaccuracy. It is not recommended to ignore such a request: the Federal Tax Service has methods in its arsenal that allow it to apply enforcement measures to organizations whose activities raise questions.
An inaccurate address can lead to other problems. For example, a subpoena sent to the court will not reach the management bodies of the partnership. And this, in turn, may entail making a decision in the absence of a SNT representative, which will not be in the interests of gardening. At the same time, SNT bears all the risks associated with inaccurate data in the Unified State Register of Legal Entities, so appealing such a judicial act may be impossible.
Address for correspondence
In addition to the official registration address, SNT can rent a mailbox to receive correspondence and indicate it in documents for correspondence. This can be done at any convenient post office. You can choose the one that is located at the place of residence of the chairman, accountant, location of gardening, etc. It is usually more convenient to use a post office in the nearest town where most gardeners live.
Applying to the court to declare the summer cottage suitable for habitation
If the local administration unlawfully refuses to provide registration, the citizen can go to court. The proceedings will be carried out on the basis of the provisions of Government Resolution No. 47 of January 28, 2006. When drawing up a statement of claim, you must ask the court to establish the legal fact of the existence of a property suitable for year-round living. When studying the received application, representatives of the institution will be guided by the provisions of Articles No. 131, No. 132 of the Code of Civil Procedure of the Russian Federation. A citizen who wishes to challenge a decision made regarding the SNT site must be prepared to conduct a construction examination. Its results will be included in the case.
Additionally, you will need to provide the following documents for your summer cottage and more:
- conclusions issued by the fire inspectorate and the SES;
- technical passport from BTI;
- certificate of ownership of the land plot on which the building is located;
- certificate of ownership of the property;
- a written refusal provided by a representative of the administration or the Federal Migration Service;
- cadastral passport for land and real estate.
If the court decides that the property is suitable for year-round living, representatives of the local administration will not be able to interfere with the citizen’s desire to register there.
How to register in a gardening partnership and how to do it under the new legislation
Since not everyone can afford to buy or rent an apartment, many are thinking about an alternative. And in this situation, people are increasingly thinking about a garden house on several “hundreds” of land received from the Horticultural Non-Profit Partnership (SNT) and previously used for growing vegetables or fruits.
- all of the above engineering systems must meet the safety requirements for such structures, as well as comply with sanitary and hygienic standards;
- the foundation must be sufficiently reliable to prevent groundwater, melt and rainwater from entering the home;
- fire safety standards must be observed;
- rooms must meet solar lighting requirements, and the level of noise, electromagnetic radiation and exposure to harmful substances must comply with existing requirements and standards.
We recommend reading: Procedure for Agreeing on the Location of Land Boundaries Briefly
Registration in SNT through the Federal Migration Service
Having figured out how to register in SNT in practice, a person can proceed directly to the implementation of this procedure. To register in real estate, you must contact the FMS office. You must first obtain permission from the local administration or a court opinion. At the migration service you will have to fill out a standard application form for temporary or permanent registration.
Other documents will need to be attached to the application. The list includes:
- passport;
- home Book;
- certificate confirming ownership;
- permission from the local administration or court order.
In order for an institution to agree to register a person in a building that is part of the SNT, it must be the only dwelling. If a person is the owner of another apartment or house, it will not be possible to register on the territory of the garden plot.
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How long will it take to register and how much will I have to pay?
The registration procedure itself will take 38 days. However, the need to recognize a building included in the SNT as residential will significantly lengthen the procedure. It will take several months to carry out various examinations, document examinations by administration representatives, as well as the work of a number of inspectors.
To speed up the process, you can contact intermediary organizations. They will help you collect the necessary documents and complete the procedure. If controversial issues arise, they will assist in drawing up a statement of claim in court.
If a person wants to register in housing that is already recognized as residential premises, the procedure will be carried out free of charge. There is no state fee. However, at the recognition stage, a number of documents must be drawn up, for which a fee will be charged. In total, the citizen will have to pay 30,000-100,000 rubles. The amount includes the provision of funds for the work of organizations that will carry out the examination.
Is it possible and how to register in SNT
According to the Constitutional Court of the Russian Federation (reflected in Resolution No. 13-P of June 30, 2011), registration in itself does not entail any special rights or obligations for registered citizens. It only allows the authorities to simplify administrative records, and citizens to fulfill the obligation to register at the place of residence of their choice.
- The land plot on which a residential building is built and where a citizen plans to register must have the appropriate category and type of permitted use. It is important to understand that there are no grounds for refusing registration at the place of residence in a house located on agricultural lands, since registration at the place of residence on the territory of SNT does not in itself entail a violation of federal legislation regulating the obligation to use a land plot according to its intended purpose.
- The house in which a citizen decides to register must, in accordance with the procedure established by law, be recognized as a residential premises suitable for living in throughout the year (regardless of the season). To do this, the building must have durable structures, be equipped with communications and provide residents with a sufficient level of conditions for decent living.
- The land plot under the residential building (as well as the building itself) must be privately owned.
Tips and recommendations for registration in a summer cottage
Experts advise carefully assessing the situation before going to court. If there is no building at all on the site that is part of the SNT, you will not be able to register. Even if the land is owned by a citizen, it is impossible to register on it. In fact, this means that the person will be registered on the street. Current legislation does not allow such an action.
If a citizen wants to permanently register in SNT, he must take into account that he will have to pay a fairly large tax for the building. Additionally, you may encounter problems of a domestic nature. Medical services are not always available on the territory of SNT. There are frequent interruptions in water and electricity supplies. The authorities of the subject are not obliged to organize infrastructure on the territory of SNT. The solution to such issues will have to be resolved by the residents of the garden partnership independently. Additionally, problems may arise when children attend educational institutions. If a person who previously lived in Moscow, but decided to move to the Moscow region, decides to register in SNT, he will lose the list of benefits and additional payments that are provided to him as a resident of the capital. Registration in a gardening partnership is a rather complicated procedure. When deciding to take such an action, you should first weigh the pros and cons. To register in SNT, you have to invest a lot of time, effort and financial resources.
