Registration of a country house in Odintsovo: legal support from SVA

When the long-awaited construction of the long-awaited house is completed, the owner must go through a certain procedure for registering his building. How much does it cost to register ownership of a house built by the owner on his own land in 2021? Such a procedure must be carried out in accordance with the requirements provided for in Article 25.3 of the Federal Law. zak. No. 122. This law regulates the registered rights to the objects under construction and all transfers of ownership rights for these objects.

Properly registered ownership of the constructed object significantly increases its liquidity. With the completed documents, the owner will be able to carry out any manipulations with his home without unnecessary red tape:

Sell or donate to someone who has expressed a desire to live in the village.
Set up as collateral for some purpose.
Pass on by inheritance.
To rent.
Apply for registration and live in the house.

So what is usually meant by a “residential building” object?

As of today, no such clear definition as “residential building” is prescribed by any clauses of the law.

As usual, buildings that have the following characteristics are classified as individual housing construction:

The building is located separately from other buildings nearby.
The building does not have adjacent walls with other buildings that are intended for housing.
Only one family lives in this house.
The building is no more than three floors in height.

A house built on an individual housing construction site must be assigned an address. In order to make it possible to live in this house all year round, various communications are connected to it. Only then will family members be able to register in a residential building.

Necessary actions before starting construction

The owner of a piece of land has the right to use and dispose of it as he wants. But many different rules limit the owner’s rights to use such property. For example, not every plot of land is allowed to build a house for living, even if it belongs to the owner legally.

Be sure to make sure that this site is intended for residential development. The intended use of the land is specified in the cadastral passport. It is necessary to check the data on the permitted use of the land.

Can registration be refused?

Article 27 of Federal Law No. 228 determines the right of the registration department to refuse to carry out the registration procedure if the circumstances that prevent the registration of the house as property have not been eliminated.

They are indicated in Article 26 of the above Federal Law:

the person who applied to the registration chamber, according to the law, has no grounds for owning and using the object;
the applicant is an improper person (the acquisition agreement was issued for one citizen, but another person made the request);
conflicting circumstances between registered rights and newly asserted ones;
real estate is not subject to registration (state property);
a package of documents for the procedure has not been submitted or their content does not comply with legal requirements;
Rosreestr requested information on interdepartmental interaction, but received no response;
documents for the completion of another transaction were previously provided for the object in question;
there is no consent for registration of ownership (if required).

If these circumstances are eliminated, the applicant has the right to apply again to obtain a positive decision on the transfer of ownership of the house.

The legislative framework

In 2021, ownership of residential real estate, which includes buildings on individual housing construction sites, is determined on the basis of Law No. 218-FZ . As soon as such a law was introduced, every owner who wants to formalize his building for personal use must obtain permits for its construction.

Let us note the main steps that must be taken before individualization of construction rights begins:

We check for what purposes the land on the site can be used.
We are obtaining permits for the construction of our house.
We carry out construction work.
We are putting our house into operation.
We receive documents: cadastral passport and technical passport for the house.
And we register the house for personal use

Registration of ownership of construction on private housing construction lands

To become the legal owner of a building erected on individual housing construction lands, we prepare the necessary documents:

We fill out the application according to the specified form.
We provide your passport.
A document proving that you are the owner of the land.
Permission to construct a building.
Prepared technical passport. It is compiled by the Technical Inventory Bureau within 14 days, so it must be completed in advance.
Cadastral passport for land.
Cadastral passport for a constructed residential building.
Document confirming the assignment of a postal address.
Read also: How to properly register an inheritance after the death of a husband?
Permit document for putting the building into operation.
Document confirming the state fee paid.

Applications for registration of real estate in Rosreestr branches are usually processed within ten to fourteen days if they were submitted directly to Rosreestr. If documents were submitted through the MFC, then the waiting time may be a little more.

Registration deadlines

The deadlines for entering information into the register are regulated:

if the application and documents are submitted to Rosreestr, the review period is 7 working days;
When submitting information to the MFC, the time for resolving the issue is 9 working days.

IMPORTANT! The period for registration of ownership rights is reduced to 5 working days if the applicant has provided a court decision in the package of documents, which establishes the obligation of the registration chamber to transfer the property into the possession of an individual.

The moment of registration is the date when information about the house and land plot is entered into the real estate register.

Registration of ownership of a house on a SNT or DNT plot

If the building was built on the site of a garden or dacha partnership, the process of registering the right to personal property will be much more complicated. If before March 1, 2021, a house built on such a plot could be registered according to a simplified scheme, since the “dacha amnesty” was in effect, then at present the owners of such buildings will have to register their rights on a general basis.
Owners of such constructed residential buildings will need to go through a rather difficult path, which involves obtaining permits for construction. Otherwise, such a house will be considered unauthorized.

According to a simplified scheme, after the rights to the land were established, the building could be registered using 2 documents:

Document establishing the right to land
Passport for the building, which is drawn up by cadastral engineers

*Citizens are often concerned about the high cost of cadastral engineer services, since this directly affects the cost of registering ownership of a house that the owner has built on his land. For reference: in the Moscow region such services cost 450 rubles. per hundred square meters, but not more than seven thousand per plot.

It is hoped that the simplified registration period will last until March 1, 2021. Such a bill has been submitted to the State Duma for consideration, since there are still a large number of citizens who have not properly registered their real estate.

In order to register a building erected on a SNT or DNT site under the dacha amnesty, we are preparing the following documents for submission:

A registration certificate or declaration for the house indicating the parameters characterizing it.
Passport of the citizen who registers the house.
An extract from the Unified State Register of Real Estate, which confirms ownership of the land plot.

If the site does not yet belong to the owner of the building, then you must first register the land as ownership.
The package of documents is transferred to Rosreestr. An application of the established form must be attached to it, having paid the mandatory state fee.
The process of registering rights to a building takes about two weeks, after which the owner receives an extract from the Unified State Register of Real Estate. This extract is the very treasured document according to which this particular citizen is the owner of this building.

Registration of property rights by law

Issues of registration of property rights are regulated by Federal Law No. 218 of July 13, 2015. It includes provisions on maintaining cadastral records, the procedure for applying to the registration chamber and collecting documents. Article 131 of the Civil Code establishes the types of property that are subject to registration.

The following types of property are registered:

agreement on equity participation in the case of building a house;
agreement for the purchase of housing using bank loans (mortgage lending).

Since 2015, property owners have not been issued certificates confirming ownership of residential premises. The title document is considered to be an extract from the Unified State Register of Real Estate, indicating the state registration of the object. All information about the house is stored in an electronic database. If the certificate is lost, the owner has the right to contact the registration chamber and receive the document again.

Registration of ownership of a house built without a building permit

Some “dashing” builders of residential buildings, after their construction, sometimes encounter problems that they did not even think about at the beginning of construction. Permission for the construction of a residential building was not obtained, but they are required to register ownership.

For such cases, of course, certain norms of the Town Planning Code of the Russian Federation are provided. Making the construction legal will not be as difficult as it will cost a lot of time and money. If the developer has not prepared the appropriate documents for the land, then it is first necessary to register ownership of the land plot.

There are three ways to register ownership of an unauthorized house:

With the help of a judicial authority, by going to court.
Be able to obtain a building permit in advance of the moment of registration, and after some time put the house into operation.
Submit an application to the commission for the suppression of unauthorized construction to ensure that the object is left intact. If the members of the commission decide the issue positively, all the necessary permits will be prepared and issued to you.

How to obtain documents from the Technical Inventory Bureau?

The most popular BTI documents for issuance among the population are:

A completed technical plan of a building or house;
BTI technical passport;
Explication of premises;
Certificate of compliance of premises;
Certificate of cost;
Floor plan.

Examples of documents

When registering them, it is important to carefully comply with all the conditions and requirements of the technical inspection bureau. This is not done to increase the pressure of the bureaucratic machine, but to protect owners and buyers of real estate from fraudulent activities or additional costs associated with re-registration or additional registration of a package of documents. Objects for obtaining passports, certificates and other documents are:

Residential buildings;
Production area;
Industrial facilities;
Apartments and houses;
Non-residential buildings.

To register ownership of an apartment or house, according to the new rules, a number of documents for the BTI are not mandatory, but they allow you to formalize the transaction correctly and eliminate a large number of risks.

Specialists from the Star-Service Cadastre and Registration Center will work with you to prepare a detailed application for obtaining a technical passport or other documents from the BTI. People contact us during redevelopment, after reconstruction, to change information in the state real estate cadastre, before starting reconstruction of the property. All these actions are documented in the BTI on the basis of a technical inventory. A large number of documents, including an extract from the technical passport, explication and certificates of compliance of premises are required as a necessary package for registration and in cases of cadastral registration.

Registration of a BTI passport and other documents will require payment of a state fee. Its size depends on the type of document required. Also, the state duty may be increased if there is a need for additional services and procedures.

How much does it cost to register ownership of a house?

Like any other procedure related to the registration of something, registering ownership of a house built on your own land will cost some money:

Registration of a technical passport at the BTI (1200 rubles, if urgent, then 2500 rubles).
State duty for registering a house in the Unified State Register of Real Estate (RUB 2,000). You must remember that you must first pay the fee, then submit the documents; without payment, they simply will not be hired.
Legal services if the developer decides to seek the help of specialists (about 5,000 rubles).
State duty for registering a house (individuals - 350 rubles, legal entities - 1000 rubles, according to the requirements of the Tax Code of the Russian Federation).

From all of the above, it is clear that well-thought-out and well-taken steps when building your own residential building will help you quickly become its legal owner and save time and financial costs. We hope that after reading the article, the procedure for registering the right to a house will become clear and easy.

What documents to prepare

In order to start applying to the BTI, you must prove that the house is suitable for living and that you have ownership rights to it. To do this, the following documents are required for registration:

To the owner's identity:

application for registration with the BTI;
passport and identification number of the applicant;
if registration is carried out by power of attorney, you need its original, a copy, as well as a passport and identification number of the authorized person.

For a house on the secondary real estate market:

the applicant's certificate of ownership of the property
contract of sale, gift or confirmation of inheritance,
technical and cadastral passports (after a change of owner, they are remade with a new surname).

Certificate of ownership

Contract of sale

Technical certificate

Cadastral passport

Registration of ownership of a new house is not possible, so instead you need to submit technical documentation for the house and a certificate of receipt of a postal address. A building permit is also required.
Receipt for payment of state duty.

Country and private houses, depending on whether they are new buildings or housing from the secondary market, require the appropriate option from the above. A dacha building requires a different approach. It is located on a plot of land owned by a gardening association, so instead of a certificate of ownership, an extract from the business register is needed.

A house project is not needed for registration with the BTI, but without it they will not issue a cadastral passport, which is necessary to obtain ownership rights. The exception is the desire to carry out the procedure on a house that has not yet been built. In fact, this is not possible, but if the design documentation, including the land plot plan, is fully approved by the BTI, the procedure will be simplified in the future. It doesn’t matter at what stage of construction a house can be registered, if the project has inconsistencies with legal requirements, it will not be recognized as residential with all the ensuing consequences. By agreeing on the documents before the start of construction, you can be sure that you will not have to make changes to the finished building in the future.