Cottage for permanent residence: legal nuances and technical aspects

Every year growing demand for suburban real estate. This is due to the fact that an increasing number of city dwellers tend to leave big cities and live on their land. One of the obstacles on the way to a dream, in addition to the high cost of land, located near the city, are the complexity of a legal nature. When trying to understand the intricacies of residence and living in houses built on plots in the CHT, from developers have many questions. Namely:

• As classified land.
• How to register in the country.
• Can I change the category of land and the type of permitted use (SNT in private housing).
• What technical requirements must meet the country house for the possibility of registration.

Classification of land

As practice shows, the main confusion arises with the notions of "category of the earth" and "kind of permitted use." Individual housing, SNT, DNP, agricultural land, land settlements - all of these refer to the unprepared person seem somewhat confusing and difficult to understand. But without the basic knowledge and a clear explanation of what all this means, it is impossible to move on. Therefore, remember the following rule.

Land Code, Article 7 states that all the land is divided into seven different categories. This - the land settlements, agricultural land, land for special purposes (transport, energy and industrial category) lands of specially protected territories and objects, forest lands, lands of water fund, land sacred stock.

We, as private developers interested in only two categories of land - the land of settlements and agricultural land. Moreover, these two categories, in turn, have different types of permitted use, that is, for what purpose are these lands. For clarity, we reduce the data in Table 2.

The above table is, of course, do not reveal all the nuances of the permitted types of land use. But the most important thing to remember - to engage in private farming (gardening) is possible both on the lands of settlements, as well as on agricultural land.

Earth settlements intended for individual housing construction (individual housing), followed by the possibility of obtaining a residence permit / registration.

Developer for individual housing construction - construction of cottages for permanent residence, preference should be given to "the lands of settlements." Because these lands are beneficial in terms of availability of communications (gas, electricity) and infrastructure (access roads, schools, hospitals, kindergartens).

More about this is told in the article: defending their right to available infrastructure.

Go ahead. Having dealt with the appointment of the land, proceed to such abbreviations as - SNT and DNP.

• SNT - garden-profit partnership;
• DNP - chalet non-profit partnerships.

And CNT DNP typically located on agricultural land. Because of this, there are questions - can be registered in the country, and if so, how to do it.

Features of residence in the country and the transfer of agricultural land to the settlement land for individual housing construction

Traditionally, the CNT is inextricably linked with a term such as "cottage." Simply put, the SNT - a site dedicated to gardening. As for the garden, built on agricultural land, in accordance with the Decree №13-P of the Constitutional Court of the Russian Federation on June 30, 2011 to register (create an account on a regular basis) in such a house as possible (we do not consider the cases of refusal and further judicial proceedings).

Residence permit in the CHT does not automatically lead to a change in purpose of land. Ie the land do not become the lands of the settlement, with all the preferences related to the availability of infrastructure, preferential connecting electricity and gas networks.

The holiday house for a residence permit must meet the relevant requirements, ie be suitable for year-round use. This will be discussed below, and now describe the option of changing categories and target use of land.

At first glance it seems that changing the category of land and its permitted use, we will in one fell swoop solve several problems at once. Expanding its right to develop the area, simplifying the process of registration, etc. However, in practice not so simple, because such a change category requires the introduction of a land plot in the line of settlement (ie actually want to change the features of the settlement), which is not always perhaps.

Moreover, it is necessary to share - to change land category and type of its permitted use. Those. "Agricultural land" becomes "land settlement", and view the permitted use - for individual housing construction, that is the type of CNT in the type of individual housing construction.

Therefore, if the cottage is located in the CHT, first find out the land category. If this is the land of settlements, it is necessary to change only the appearance of its permitted use (for private housing). If the CNT is on agricultural land, something to change the purpose of use, you must first change the category of land and then it kind of use.

If the site is located on the border of the settlement (for example, settlement, village), for changing the category of land will have to expand the boundaries of the municipality. If the land does not border with the lands of the settlement, the change of land category is very difficult or almost impossible.

In this regard, the interests of users of our portal experience.

JanMoro (Member FORUMHOUSE):

I bought a plot category - land settlements. Permitted use - for gardening. Therefore, I decided to change the type of permitted use on private housing.

According to the land code, in particular articles 7, 40, 85, land owner has the discretion to choose and change the type of permitted use without any additional permits and approval procedures provided for in the zoning territories. Those. if the land on which the purchased plot has different types of permitted use, it is possible to change the purpose of its use.

For this JanMoro I have taken the following steps:

• I wrote a letter to the head of the city with a request to specify which portion of the territorial zone applies. To please attach notarized copies of documents confirming the ownership of the land.
• I received the answer with the explanation that the site is in a zone where, among types of permitted use of land for individual housing construction there.
• The user has submitted to the Cadastral Chamber a request for change of permitted use of land.
• After consideration of the application made the change in the permitted use of the land and provided JanMoro the relevant documents.

Basic requirements for a summer residence for registration possibilities

Above the text we have already mentioned that for a residence permit in the country need to structure meets certain technical requirements and standards. Those. It can not be registered in the summer house that does not have normal conditions for living.

This - the heat (heating), water (well, well, pump), electricity (uninterrupted supply of electricity to the house). article how to transform the cottage into a home for permanent residence we were told in detail how their own hands to turn the old cottage into a complete vacation home. Starting from its restructuring, expansion of the area, insulation and finishing installation of heating systems, water supply and redundant power supply. So now we list the main characteristics that the structure acquires the status of "a place for permanent residence."

Standard country house, in fact, is only for a summer residence. Those. it has no or insufficient insulation, there is a full heating system, all the amenities, such as are found in the street, and the water necessary to gain a bucket from a well.

In accordance with the terminology, it is considered a residential house structure not intended for permanent residence, as attempt to turn the winter into the game of survival. Hence - the level of comfort and technical equipment in the home need to tighten up regulated in accordance with SNiP requirements.

Now consider the term "individual dwelling." What does it mean?

In addition, the house should be provided facilities to ensure conditions for rest, sleep, hygiene, cooking, etc. The structure must be on the major foundations, walls should be insulated (insulated) and have cracks. The house must be installed utilities. This - electric lighting, water supply, hot water supply system, sewerage, heating, ventilation.

It should also be provided for sewage system and disposal of waste, meeting the accepted health standards. In the absence of a central heating boiler room must satisfy all the requirements of fire safety. Also in the house (2 or 3 levels) must be provided staircase, allowing for convenient lifting.

At discrepancy of the house (premises) with the above rules, it can be considered unfit for living. Accordingly, it is impossible to register in up to the elimination of the requirements prescribed by building regulations.

By the consideration of each case must be treated individually, guided by the specific source data, which may differ depending on the structural elements at home.

That is, or you can do a small budget remake garden or need major repairs old buildings and big investments for the purchase of engineering equipment, building materials, etc.

For more information about all the requirements given in the building regulations of the Russian Federation "single family houses" SNIP 31/02/2001.

From an article titled "Rural life in the law" can be found, how to build a house on a country site for maternity capitalAnd many other legal issues. Also we recommend that you read the materials, how to connect the villa to the mainsand independently conduct the gas into a private house.

And on FORUMHOUSE topics discusses in detail, How to register in the CHTand how to transform cottage in a house for permanent residence.

It will be useful for video stages of reconstruction country house for permanent residence and the plot, how to make utilitiesin a house designed for winter arrivals.

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

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