The simplified procedure for registering ownership of land plots and buildings located on them in the Russian Federation came to an end at the beginning of 2019. The simplified procedure that allowed for real estate registration has become impossible. Starting this spring, the procedure for owners of summer cottages has changed, regardless of the property on which the building is located.
The concept that the country house no longer exists
On March 1, a regulatory act regarding gardening and vegetable gardening associations came into force. The law excludes the existence of such business entities as gardening or dacha consumer cooperatives and businesses with multiple owners. In this regard, back in late 2018, deputies proposed removing the term "dacha house" from the codified regulation.
Hundreds of thousands of summer residents are wondering whether their plots with buildings will be illegal and whether they need to urgently re-register their documents.
According to a regulatory act that has been in effect since early March, it is possible to legalize an existing summer house on a garden plot, provided that the building has been approved in advance by the local administration and completed.
Documents for communicating certain information to citizens must be submitted on the official websites of local municipalities. A specified period is required for property registration, provided only construction design documentation is presented. Citizens who have obtained a permit will not be required to notify about the construction of buildings. However, legal approval for the project will be required if the work is not completed by March 1st.
What happens if you don't register your house as your property?
If summer cottages are not registered by March 1, 2019, the property will be considered an unofficial structure, and the buildings will be deemed unauthorized. Following a court ruling, they may be forced to be demolished.
If the owner has not obtained written instructions in accordance with the law, the buildings are subject to demolition. If the owner of the building fails to demolish the structures themselves, local authorities will do so. This exceptional measure is their responsibility under the law.
In addition, according to the code, the use of an unauthorized building is punishable by a fine:
- subjects of civil law carrying out business transactions in various fields of activity – from 2000 to 5000;
- persons represented by powers of attorney – from 20,000 to 50,000;
- individual entrepreneurs registered in accordance with the procedure established by law – from 20,000 to 50,000;
- registered organizations, firms or companies that have the right to acquire property and non-property rights in their own name - from 500,000 to 1,000,000.
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- subjects of civil law carrying out business transactions in various fields of activity – from 20,000 to 50,000;
- officials and individual entrepreneurs registered in accordance with the procedure established by law – from 20,000 to 50,000;
- legal entities – from 100,000 to 300,000.
The state's main goal in implementing the "dacha reform" is to tax land plots and buildings to replenish the treasury. Therefore, many dacha owners fail to register their property, despite threats of fines.
Where to start the registration process
According to the latest amendments, to officially register a building located either in a populated area or on the territory of a Gardening Non-Commercial Partnership, the following is required:
- send a notification with the parameters to the local organization that ensures the resolution of public issues;
- Attach to the application: extracts from the Unified State Register of Rights, a technical plan, and documents of title;
- Expect a response from the administration within a week;
- thirty calendar days after completion of construction, send the following notice;
- Attach to the written notice: a receipt for the mandatory payment for house registration, a response to the first notice sent, and copies of documents;
- wait until local authorities submit a notification to the Federal Service for State Registration, Cadastre and Cartography;
- If you want to speed up the procedure, you can send the documents yourself.
The end date of the "dacha amnesty"
When completing paperwork, summer residents have doubts about extending the simplified land and building registration scheme. The Federal Service for State Cadastre and Cartography explains that a new law was signed last year extending the benefits until 2020. However, the Urban Development Code has amended several permits for residential building construction. This applies to buildings with more than three stories that do not have separate apartments.
Last August, the law was amended. It allows for the exemption of permits for small buildings on land. The amendment has an expiration date not specified by law.
The "dacha amnesty" will last until spring 2020. The benefit applies to private homes built on land designated for construction or subsidiary farming.
The simplified procedure for official registration of other real estate has been made permanent. This applies to: summer cottages, garages, boiler rooms, sheds, toilets, and bathhouses.
Change in construction order
Since its entry into force, the legislation has undergone several changes. With the introduction of the new document, the word "dacha" has ceased to exist. According to the law:
- Since August 2018, there is no longer a requirement to obtain approval for construction. Written notification is required before and after construction;
- the construction of buildings begun before the adoption of the previous amendment is legalized by sending a written notice before March 10, 2019;
- No permit or notification is required for outbuildings. Only a technical plan that fully complies with the relevant regulations is required.
- Ownership of a plot of land issued before 2011 is confirmed upon provision of a certificate from the municipality;
- there is no need to obtain permits for commissioning buildings erected with the appropriate permit;
- Due to changes and amendments, construction and its legalization became notification-based instead of permit-based.
To prepare a technical plan for a house, you'll need the services of a land surveyor, project documentation, or a declaration. Without a technical plan, it's impossible to register the property with the Federal Cadastral Service.
Which house needs to be registered?
After entering the final stage of the legislative process in August 2018, deputies clarified the definition of "individual residential building." This includes buildings that meet the following requirements:
- number of above-ground floors – no more than three;
- height – 20 meters;
- a house is a complete complex object;
- the purpose of the building – permanent or seasonal residence of people.
The established regulatory legal act does not affect already registered buildings. In this case, nothing needs to be re-registered. However, buildings that are legally "non-existent" are subject to the following new regulations:
- Non-residential buildings on garden plots can only be temporary and are not subject to registration;
- Residential buildings in garden associations must be included in the register.
Registration until March 1, 2019
For owners of cottages on their summer cottages, the "amnesty" brought new difficulties. Previously, summer cottage owners weren't required to register their buildings at all. Now, they must notify the Federal Service for State Registration.
Until the end of February 2019, the procedure was different: only a technical passport with the declared structure was required for registration. After contacting a cadastral engineer, a technical passport was issued, which was sent to the federal executive authorities. Registration was carried out based on this document.
How to register now
If a citizen hasn't registered a summer house in the Register, written notification to the local administration is essential. This notification is required regarding both the buildings and any changes made to the existing residential building. The registration procedure in 2019 includes:
- notification to local authorities from land owners about the plans for the construction of a residential building;
- After completion of construction of the house, submitting a notification to the municipality with the attached documents;
- in the case of several owners of one building – distribution of shares, obtaining the consent of each owner;
- presentation of a receipt for payment of the state fee;
- verification by local government authorities of all documentation and the legality of the construction;
- determination of the application for registration with the Federal Service for State Registration;
- After verification, receiving written confirmation.
What types of buildings do not require permission?
In some cases, a building permit is not required. It can be obtained without one if the following conditions are met:
- the structure will not be connected to other buildings by a common foundation or communications network;
- the project will not divide the building into apartments;
- a building of no more than three floors occupied by one family;
- the height of the house will not exceed 20 meters.
Height restrictions and the division of buildings into separate housing units were introduced to prevent the construction of two- and three-story building complexes using the simplified method. If a building does not meet these requirements, a permit will be required.
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Although the registration process remains notification-based, violations of deadlines and regulations are subject to administrative penalties, including forced liquidation of the facility.
Federal executive authorities will conduct inspections for land seizures and unauthorized construction. If such objects are identified, the authorized bodies will issue a construction approval document within thirty calendar days.
If buildings are erected on land where construction is prohibited, federal authorities will issue a closure order. A fine will also be imposed for damage to the land. You can change the land plot's status and legalize unauthorized construction by contacting the municipality or the court.
Where to go after construction is completed
After construction is completed, an application must be submitted with the attached technical plans for the garden house. The municipality will conduct an inspection and, within seven days, issue a written decision confirming the compliance of the constructed or reconstructed building with regulations. Lawyers will forward the documents to the Federal Service for State Registration. The property owner does not need to do anything independently.
If the administration's lawyer fails to submit the application within the specified deadline, you can do so yourself. If the summer resident violates building codes, federal authorities may require the house to be renovated.
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Failure to register buildings or their construction without prior notification will result in the property being classified as "unauthorized construction." These structures cannot be used, nor can they be subject to purchase and sale agreements or gift agreements.
To legalize and operate the property, the owner must comply with all legal requirements. In practice, this procedure can be challenging. For example, a residential building must be located three meters from a neighbor's fence. If this norm is violated, the house cannot be moved. Therefore, rights must be established through legal proceedings with the assistance of cadastral engineers.
Building regulations have changed. Now, only outbuildings can be erected without a permit on the property of gardening non-profit partnerships. Residents who fail to register their houses will be forced to demolish all buildings that do not qualify as "outbuildings."