We decorate the house correctly: how not to "get" on the squatter

Memo for owners of suburban real estate

Responsibility for unauthorized construction and reconstruction is changing in our country right now: a draft of a new Code of Administrative Offenses was developed, which for the first time provides for fines even for individual entrepreneurs; the Moscow State Inspectorate five times increases the fleet of drones that will fly over villages and identify illegal buildings, and in Crimea, they are generally preparing to introduce criminal liability for construction without permits documents. It can be seen that the state is taking the self-protesters seriously: it is high time to bring their property in line with the law and building regulations.

1. Which building is considered unauthorized?

Signs of unauthorized construction are listed in Civil Code. Translated from legal language, this is a building erected

• without permission (or notification of compliance);
• on a site whose intended purpose or VRI does not provide for the construction of such facilities;
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• in violation of urban planning and building codes and regulations (most often problems with respecting distances).

2. Can an unauthorized building be demolished?

The Civil Code says that such a building «to be demolished or brought in line "with town planning documents, land use rules, etc., at the expense of the developer, but the decision is made in most cases by the court. And practice shows that usually self-builders are still obliged to bring the building in accordance with the requirements of the law and are given some time for this. If the house is already "in accordance", just built without permits, just now it can be registered under the new Dacha amnesty - in simplified procedure, without lawsuits (this applies to buildings whose construction began before August 4, 2018, before the construction).

3. What happens when the house is "aligned"?

If the land on which the house is built is owned, then the "person" acquires the ownership.

4. How long does it take to demolish a building or bring it into line?

The decision is made individually, but within the following time frame:

• for demolition from three months to a year;
• for harmonization from six months to three years.

5. When does the court take the side of the owner of the squatter?

Ownership of an unauthorized building can be established if:

• The site is owned or the self-builder has the legal rights to build on this site;
• Samostroy was brought into compliance with all the established requirements (this is relevant on the day of going to court);
• The house does not pose a threat to anyone's life, anyone's health and does not violate anyone's interests.

6. Can local authorities demolish an unauthorized building without a trial?

Samostroy will be demolished if:

• it is built on an unowned plot;
• building a house on the site is not allowed by its VRI;
• the house was built in ZOUIT, the conditions for its use are such that this house should not be there;
• the house was built in ZOUIT, and permission had to be obtained for its construction, but it was not received;
• the house is located on the owner's legal and properly registered plot, but poses a threat to life and health.

7. Is there a way to make the building invulnerable to the claims of local authorities?

Yes. They cannot decide the fate of your property if the ownership of it is registered in the Unified State Register of Real Estate or recognized by a court. The moderators of the legal section of our portal believe that not registering a house in order to avoid paying taxes is a bad strategy and dubious savings; laws in our country change unpredictably, and legal property rights in many cases allow you to secure your property.

8. How to register ownership of a house according to the new rules?

Now, after the cancellation of the building permit, the following procedure is envisaged: first you need to submit to the municipality a Notice of the planned construction, always on paper. In it, indicate your passport data, the cadastral number of the site and its VRI, information about the owner, information about the future house (parameters), your email or postal address. Be sure to write that the house will not be divided into apartments.
In a week, you should receive a response Notice of Compliance or Non-compliance, which is valid for 10 years. If you have not received anything, this should be regarded as a positive answer, and you can start building. No later than a month after the completion of the construction, a second Notice of completion must be sent construction, with the same set of information as in the first (just write that the house is ALREADY not divided into apartments). Within a week, the municipality must check your construction and you must receive a Notification of Conformity of the construction site. The municipality itself must send documents to Rosreestr for cadastral registration and registration of ownership, but practice shows that it will be faster to send them yourself, through the MFC.

9. What documents need to be attached to Notifications?

You don't have to add any documents to the first one: you need a copy of the title documents for the land, but the municipality itself requests it from Rosreestr. The only thing is that if your site is in a historical protected area, then you need to describe how the house will look and attach a "graphic description". A whole package of documents is attached to the second Notification: a technical plan (but strictly either on paper or on disk), an agreement on shares, if the house is in shared ownership and a receipt that confirms payment state fees. The MFC may say that the size of the state duty is 2,000 rubles - no, the Tax Code directly tells us, which is only 350 rubles.

10. Who can be denied a Notice of Compliance?

The Notification of Compliance may be denied to those who got excited about the parameters of the house: an individual house can be only single-family, no more than three floors (and this together with the attic and basement) and no higher than 20 meters from the ground to skate. They refuse when the notification is submitted by the wrong person who owns the site, and if the category of land and the type of its permitted use are not suitable for building a house.

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You can also read the article on the topic. about the details of home ownershipand also learn expert opinion on issues with registration. In the video, a house for a large family using fixed formwork technology.