Answers to questions on the legal registration of the suburban real estate

FORUMHOUSE consultant, lawyer Vasily Gutsev answers questions from the comments to our articles

After the publication of our topic of the week "How to make the ownership of house and land" began to tell our readers in the comments about their difficult situations and ask questions. We asked them to answer the moderator of our portal, lawyer Basil Gutsev (nick on FORUMHOUSE - Dremlin).

Content:

• What if the house is in the buffer zone
• What if the house is built without notice
• Do I have to file a notice if the house is already built
• Is it possible to execute and not be fooled private housing in the recreational area
• How to influence the authorities
• What if after the notice has changed the building area
• Will tax sheds and greenhouses

The house was in the sanitary protection zone

The difficult situation faced by the member of our portal: House 1967 is located not far from the railway and SanPiN of sanitary protection zone adopted in the twenty-first century.

Vladneff

Member FORUMHOUSE

We were denied to our notice of reconstruction, due to the fact that our house is in the buffer zone of the railway (house and land ownership for a long time). The house stands in 1967, the railroad had previously, but SanPin of sanitary protection zone adopted in the twenty-first century. Where next move, tell me?

Basil Gutsev

Bad luck. SPZ Railway, unlike some other SPZ remove or "update" does not work, any reconstruction will be unauthorized. If the house after the reconstruction will be impossible to bring to its original state, at the suit of the local administration, it can be demolished (n. 28 Resolution of the Plenum of the RF Armed Forces, the Plenum of the Supreme Arbitration Court of 29.04.2010 number 10/22).

According to the expert, you can try again to contact the administration, based on the claim. 8.20 SP 42.13330.2011 who found that SSZ may be reduced to 50 m during the anti-noise measures (In fact it should be provided in PHC), but it is possible that in the end will have to pursue its in court, and no guarantee of success. In parallel, you can apply for approvals to the railroad and to Rospotrebnadzor, it will help in dealing with the authorities, but very sanitary protection zone will not clean.

Construction without papers

The following matters described a common situation, "said they did not need any papers," and the man began to build. And now what i can do?

MariaPriz

Participant FORUMHOUSE

We have a manual when building began, said they did not need any papers to the administration, is sufficient authorization from the leadership of the CP. Construction is already underway. Naturally, the administration did not give notice - only obtained permission from the leadership of the CP. As in this case the house to register?

Basil Gutsev

GPZU receive notice of and construction of at least now.

If you fail to register the house, you have to try to recognize the right of ownership of unauthorized construction in the court. This can happen if it is proved that the house does not violate anyone's rights, not threaten life and health (in practice– built in accordance with building regulations). Quite possibly you need construction expertise.

alexey_bakshaev

Member FORUMHOUSE

Land with / x, under the country house construction. In that year, I built a house, in which I want to register. Serve notice of the planned construction? It looks absurd.

Basil Gutsev

Yes, serve. Cm. higher.

TipaDachnik777

Member FORUMHOUSE

What if I have already built a home (foundation, walls and roof) without the knowledge and permission of the administration? The house is not for individual housing construction, a summer cottage is planned.

Basil Gutsev

GPZU receive notice of and construction of at least now. Cm. higher.

These issues were discussed in the topics Getting RNS after construction began - the face and will there and Getting RNS after construction began - the face and give you? - 2

Private housing in the recreational area

The user with the nickname FORUMHOUSE SvobodaVsem It has designed the ownership of land for recreation / recreational activities. Previously, there was a recreation center, and our forumchanin bought this land "for himself and the life on it." Then there are two buildings. One of them framed, second to none and has only walls and partitions (was destroyed). No windows, doors and roof.

SvobodaVsem

The question is: Is it possible to issue such "unfinished" in its current form, and whether or not to be fooled? Will this procs from the sale or future construction, which will probably not soon?

Basil Gutsev

In fact, habitual samostroyschikam simplified procedure for obtaining the notification of the planned construction and notification of conformity applies only to the construction of individual housing and garden houses. For all other objects, you must obtain full permission for the construction of the preparation of project documentation, construction expertise (if necessary), and so on. I strongly doubt that the PHC provides an opportunity to construction of individual housing in the recreational area. So it is necessary to obtain a building permit. And without a valid building permit and the right to unfinished you do not register.

What should be the title document?

The question about what kind of document of title may be, and what – not.

Maxmaximus

Member FORUMHOUSE

The article says that you need a resolution (decision, disposition) of local authorities on the allocation of land. You can use the order made payable to a relative, in which received an inheritance? Or it should be received in person by yourself? The problem is that at present such a document the authorities refuse to give - it is possible for them to influence?

Vaslui Gutsev

And why should they "influence"? The article spoke of cases of primary land. In this case, the title document - disposal authority. You have the same title document to the ground - it is issued by a notary public certificate on the right to inheritance on this parcel of land, or a court decision, if you recognize the right to land through court.

If buying land, the legal documents would be a contract of sale, for example.

Decreased building spot

The developer filed a notice on one area of ​​the house, but in fact it declined slightly.

Elpiko

Member FORUMHOUSE

Filed notification to 150 square meters and 128 constructed. That is slightly reduced area, but the amount of space in the "spot" of the house, which is 150 m². From the practice, theory - is a failure?

Basil Gutsev

From the theory - you need to get a new notice on the construction (p. 14 Art. 51.1 GrK RF). Practice on this matter do not prompt, it is still only beginning to emerge.

Taxes on greenhouses and sheds

The question of what is now concerned almost all the summer visitors - whether tax Combining?

Kolyan 1382

Member FORUMHOUSE

Now there is a massive network of stuffing information on taxation of outbuildings such as sheds, greenhouses, spas, etc. Prompt, it seriously or another duck?

Vaslui Gutsev

Who will tell you exactly?

We've probably all. Although administer such a tax torment, so that is my personal opinion: not in the near future. With mass cadastral valuation of homes and land have not yet figured out where here sheds do.

conclusions

When you live in a situation in which the state constantly and unpredictably changing the rules of the game, you must be legally competent. Wrong vbuhivat construction in millions of rubles, and then ask, "how can I be."

FORUMHOUSE can help to avoid such extremely unpleasant moments.

We can ask any question relating to land and property relations. Also on the portal understands detail registration of property rights. Read our article about how to formalize the ownership of house and land. On our forum there is a great branch Registering your home on smallholdings land for individual housing construction - 2. You can also learn how to without much hassle to be notified on the planned construction or reconstruction of private housing facility. And look at our video on how how to optimize costs when building a house.

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