Rural life in the law. Talk with a lawyer.

Moving to relocate to the country, people are often not prepared for the fact that its free life on earth will be governed by the hundreds of laws, regulations, regulations, etc. the owner of the country house often can not obtain some services and preferences and spending unnecessary money simply because they do not know their rights.

We will try to fill this gap: the questions that often arise in people who choose to live outside the city, responsible lawyer Vasily Gutsev (Yaroslavl).

- How to register in the CHT and what documents are needed? How to register, if you do not have an area, and what other problems are possible? What to do in case of failure of the Federal Migration Service for registration - where to go next? Could the absence of house of the book to be an obstacle in the registration?

- As explained to the Federal Migration Service, the territorial bodies of the FMS of Russia are registered in the community of owners of residential buildings and their family members at receipt from them, along with the application for registration in the prescribed form and passport proving their identity, they own judicial decisions on the recognition of residential Buildings suitable for permanent residence, entered into force, or orders of the heads of local administrations on the recognition of dwellings suitable for data permanent residence.

This is due to the fact that the decision of the Constitutional Court on 14 April 2008 Number 7-P and on 30 June 2011 № 13-P recognized Russian Federation inappropriate Constitution its Articles 27 (part 1) and 55 (part 3) paragraph second paragraph of Article 1 of the Federal Law "On gardening, gardening and dacha non-profit associations citizens. " Namely - the part which excludes the possibility of registration of citizens in the community in owned them the right of ownership of residential buildings that are suitable for permanent living and situated on garden plots belonging to land settlements or agricultural purposes.

Thus, the need for registration:

• statement;
• passport (proof of identity);
• documents confirming the right to a house (you may need to confirm the suitability of the residential buildings for permanent residence).

In reality, the situation is more complicated, the FMS local bodies can nominate additional requirements, which, however, are not legitimate. For example, it may take home assignment (not site) addresses - this makes the administration of the settlement. If the original home of the declaration was given the address of the site, it is necessary after obtaining an order of assigning addresses to make changes in the OCG and the Unified State Register.

The situation is similar to the house book. Its absence is not a legitimate reason for refusal, but... it's easier to buy a house register for 30-50 rubles.

In case of refusal of the FMS is, as always, two ways: the court or higher authorities and the prosecutor's office.

No one bothers to use both at the same time, but it is often challenging in court the refusal of the FMS is a fast and efficient way.

The issue of registration in the CHT in detail in the topic "Registration (registration) in the CHT / DNT". His experience in the registration of SNT on shared FORUM HOUSE Shine (history recording in the CHT by Shine), Amina08 (history of registration in the CHT Amina08) Tomavech (history of registration in the CHT Tomavech), And many who do.

- How to make a house built without a building permit (bought a plot with an old house was demolished and built a new one).

- If the old house stands on the cadastral registration and the ownership was registered on it, then get started is to register the fact of demolition of the house. It's easy enough to call the cadastral engineer who will make the act, and act on the basis of this it will be possible to rent a house with the cadastral registration.

Sometimes a number of reasons it may be advantageous to present the new building as the old house renovation. In this case, however, it is lost on dacha amnesty possibility of registration of the house (if it happens on the land for individual housing construction or LPH).

About some of the nuances that arise during the demolition of the old house with the construction of its new site can be found in the topic "Demolition of the old house, the construction of a new».

Ownership of the newly built house is the easiest way to register for "dacha amnesty", the more than that to enter the procedure for obtaining permits for private housing construction in operation today actually missing.

If the house is built on land with BPH "gardening" or "for the country economy", it is sufficient declaration, which is served in Rosreestr. If the house is built on the lands of settlements with BPH SGF or LPH, you will need to first put the object on the cadastral registration, which must be ordered in any cadastral engineer technical plan.

Learn about the features and the possible "pitfalls" of this procedure in the topic "Registering your home on land LPH, SGF». We should not forget that we, without permission to legislation a house built on the land for individual housing construction (LPH) buildingIt is the unauthorized construction, even though the registration of ownership, and thus can be demolished if there is good reason for that. Given the cost of the house, prudent developers get the development plan of the land and a building permit. Although by law the procedure is not complicated, in practice, as we usually happens, their case often has to establish "a fight". This forum users tell the themes "And for the umpteenth time about the development plan - 4"And"A building permit - 3».

The house, built on the land for individual housing construction (LPH) without obtaining a building permit is unauthorized construction, even though the registration of property rights.

- Can I use the maternity capital to rework holiday home for permanent residence (house - cottage in CHT)?

- An important factor in this case is not that the house used as a summer residence in the CHT, and other criteria - is or not a building permit and whether the home object of individual housing construction. Without permission for the construction of the maternity capital will not be used. And since according to the claim. 17 Art. 51 of the Town Planning Code of the Russian Federation for the construction (reconstruction) on land with views of permitted use "for gardening," or "For the country economy" for the construction permit is not required, the authorities usually refuse to issue permits in such cases. However, you can always try to get a building permit in court, but without an absolute guarantee of success.

However, there is a workaround: you can try to get the mother's capital is not the construction (reconstruction) of the house, and on the compensation of incurred costs for the reconstruction of the house. In this case, the courts may stand up and to the side of the citizens. On one such occasion says doxtor02in the subject "Maternity capital for the construction of", And according to the Pension Fund, in which case only need to act work on the reconstruction of private housing facility.

- What does it take to build a house at the expense of the parent capital, whether there are any requirements for a construction company (in particular, whether should they be SRO)? As it should be framed earth - SNT, SGF, smallholders?

- Let's start with the fact that the land category and type of permitted use does not directly affect the reception of the parent capital. However, there is an indirect effect: to use the maternity capital need permission to build a house. Since according to the claim. 17 Art. 51 of the Town Planning Code of the Russian Federation for the construction (reconstruction) on land with views of permitted use "for gardening," or "For the country economy" for the construction permit is not required, the authorities usually refuse to issue permits in such cases.

Therefore, wishing to receive maternity capital for the construction on the land of "gardening" is likely to encounter difficulties to be overcome in court. However, it is increasingly important for those who want to get the money for future construction. Those who are after the registration of property rights to a house wants to get compensation for the cost of construction of house, a building permit is not required. The main thing - that the right has been registered precisely on the house.

The list of documents required to obtain the parent capital, can be found on the website of the Pension Fund.

Key documents for the maternity capital to build a house:

•  a document confirming the right to land and issued a certificate holder or his spouse;
• a construction permit issued by the certificate holder or his spouse;
•  notarized commitment to the design of the common property of the dwelling;
•  help on the details of the bank account;
•  construction contract (if the construction is carried out with the assistance of a construction company) or proof carrying out major works on the construction of the house (this document is issued by the authority responsible for issuing permits for building).

The law provides two options of building the house: with the assistance of a construction company or without involvement. If you build it on their own, without the involvement of a construction company, the parent capital is obtained in two stages: up to 50% can be obtained before the start of construction, the remainder maternity capital can be obtained no earlier than 6 months, providing evidence to perform basic activities of construction of the house (installation of the foundation, erection of walls and roof). If we build with the assistance of a construction company, the parent capital can be obtained directly in the full amount.

Means the direction rules (part of funds) parent (family) capital for improving living conditions (app. RF Government Decree of December 12, 2007 Number 862) is not set any requirements for construction companies who are involved in construction of the house, including the possibility of refusal is not provided, if the contractor is not a member SROs.

Violation of the law by the contractor (in this case - urban), is the basis for the involvement of the contractor's responsibility, not the customer.

You can always get maternity capital to compensate for the costs incurred for the construction of the house, but in this case need to copy certificate of state registration of ownership of the object of individual housing construction that arose on or after 1 January 2007. In this case, instead of the construction sub-contract or evidence of performance of the basic work on the construction You will need to provide a certificate of registration of ownership of the object of individual housing construction.

These and other questions concerning the use of maternity capital, discussed the topic "Maternity capital for the construction of ".

- Can the owner of the land on their own to apply for the electrical connection, or it has to do DNT? How to make the power industry applications do those individuals who want to be connected individually?

- In accordance with current legislation plot owner should contact the network organization for technological connection to the networks in the event that it is in the economy individually. If he is a member of the CNT (DNT), the application shall be made very SNT (DNT) or his representative.

The main regulatory document, which should be examined: the "Rules of technological connection... approved by the RF Government Decree № 861 of 27.12.2004 in the wording of RF Government Decree № 219 from 13.03.2015 g. " What to do to get the process connection with the March 2015, to discuss the topic "Life is getting better? Decree of March 13, 2015 № 219».

If the network fails organization «Individuals» in connecting, will have to fight - or in court, or in the Anti-Monopoly Service. How to do this in detail in the topics "Procedure for individual TP to CO and the conclusion of direct contract of energy supply" and «FAQ PP334. Interaction with FAS ".

- Is it possible to keep the cattle in the country (pigs, cows, goats), poultry and bees?

- This question is left to the discretion of the local authorities, so it is necessary to look that made the local authorities in each individual case. Also at the regional level, the regional regulations that establish requirements for the placement of farm buildings can be taken. We should not forget that, apart from these regulations, there are sanitary and veterinary-sanitary norms and rules, which must also be observed. To establish a violation of sanitary norms and rules are employees of Rospotrebnadzor.

On FORUMHOUSE collected publications and topics on suburban infrastructure (What can you expect for what is worth fighting for, how to do it). Watch a video on how to build Vacation home for small tools and deadlines. If you have been dreaming about moving, but can not yet realize his dream in life, watch the video on how to transform a city apartment in the house of the mast.

Discuss the article and read other materials devoted to country life you can on the websiteFORUMHOUSE.

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