House and land according to the law: how to decorate ownership

We carry out all the bureaucratic procedures, and do not spend extra money and time on the "optional bustle" 

Until the moment the house and ownership of the state registration of it (as well as land and ownership of it) is not legally exist. Therefore, a homeowner can not do anything with the property: can not sell, can not donate or bequeath to their children.

Making your home and land in ownership - an important marathon, which will be held every homeowner. In this article, we give clear instructions on how to register their property under the new rules, and tell how to avoid unnecessary spending.

 Content:

• How to register a new home under the new rules (without a building permit)
• When the house is considered to be built
• Do I have to pay a fee of 2,000 rubles
• What documents are required for registration of land
• Is it possible to draw on the memory book of the gardener 

How to make a house under the new rules. Quest "Notify-consent"

Paul K.

Member FORUMHOUSE

We have often and gladly bred citizens optional running around and spending, and even surgery. And then they say, modestly downcast eyes,

«Well, you can not do».

 On August 4, 2019 permission to build houses will override the notification. Notify State authorities need twice the planned construction and completion. For detailed instructions for action at all stages of the written FORUMHOUSE participant with the nickname IMHO. Following this instruction, many residents of our portal have issued the ownership of their homes.

Those who have received at the hands of a construction permit, the first two stages of the quest may miss, but the following three are required to undergo for everyone!

Step one: write Notice of planned construction / renovation 

In the "paper" should be written:

• Full name and passport data and information about the place of registration (residence permit).
•  Cadastral number of the land on which it is planned construction or reconstruction, information about the owner, the type of permitted use.
• future home settings.
• "Oath" that will not divide the house into apartments.
• Contact address (e-mail or post).

By a notice of intention must be applied:

• copies of documents of title to land (not necessarily; may themselves seek to Rosreestra);
• if the construction / reconstruction is planned in the historical district, it is necessary to attach a description appearance for individual housing construction or gardening at home, plus a "graphical description".

It's all. Notification is supplied to paper directly to the local administration (or via a post office or MFC).

Step two: get a notification under / or non-compliance

Notification must be received within seven working days, and the owners of land in the historical district - for 20 days.

Get the refusal to issue Notices possible if:

• parameters of the future home does not correspond to the limit settings;
• on this plot of land the house can not be built at all;
• The application is submitted is not the land owner.

IMHO

Member FORUMHOUSE

Other grounds for refusal no.

If within seven working days, the applicant has not received a notice of non-compliance, it is automatically regarded as obtaining the right to the construction site.

Validity of Notices - 10 years. It is "inherited" a new site owner. Sometimes it happens that in the process of construction there is an overwhelming desire to change the object parameters. In this case, you must file a Notice again.

Step Three: sends a notification of the completion of construction

Notification of completion of construction shall be submitted not later than one month from the date of its termination.

On "paper" must include:

• Full name and passport data, data on the place of registration (residence permit).
• Cadastral number of the land plot on which the house was built or reconstructed, and information about the owner of a permitted use.
• That the house is not divided into apartments.
• Address, how to contact you (e-mail or post).

What documents should be attached to the notification of the completion of construction:

• tehplan for individual housing construction or gardening at home (mandatory on paper and on disk). It will make any clinical trials on the average for 5 000-10 000.
• if this share ownership, the shares of the agreement. A sample can be found on the Internet.
• receipt of payment of state duty for registration (350 rubles or 2000, depending on the construction or renovation).

This notice is also supplied strictly on paper:

• in person at the local administration;
• or via a post office;
• or via the MFC.

The administration should respond no later than seven days.

When to submit notification of the completion of the

This point is of concern to many developers that are in a hurry to legalize their property.

id280871

Member FORUMHOUSE

In I've got almost an existential crisis. When the house is to build? When placed under the roof and doors of adapting, or when there is a floor to ceiling, and there is no scaffolding inside, as well as the lights on and the water flowing from the tap?

The notification may be supplied to the stage which arrange cadastral engineer. Practice has shown that the best time for this - when it built a box, windows, doors and roof. The interior walls are needed to calculate the area of ​​each room. Cadastral engineers need to submit a copy of the Notice of the beginning of construction, along with the scheme of planning organization of land (SPOZU).

Step Four: obtaining Notices built or reconstructed objects 

This notice also must be received within seven working days. During this time, the municipality must:

• verify that the settings on the documents;
• see the object;
• send the developer a notice of compliance or non-compliance.

Step five: the direction in documents Rosreestr for cadastre and registration of rights

Documents should send the mayor's office employees not later than seven days after receipt of the Notice of completion of the construction, but if they delay, and it happens quite often - can be attributed to the paper MFC itself.

The good news for samostroyschikov: the State Duma has already been sent a bill on the extension and expansion of the "dacha amnesty", and will soon issue a house in the property will be simplified scheme.

All approved notification forms are contained in the Order of the Ministry of Construction of the Russian Federation on September 19, 2018 591 N / pr "Ob Approval of the notification formRequired for the construction or reconstruction of the object of individual housing construction or gardening at home. " They can be downloaded and filled in.

How the law should be the fee?

In MFC you may require a fee of 2,000 rubles. In that case, good to have with him a printout of the Tax Code:

Article 333.33. The dimensions of the state duty for state registration, and also the performance of other legal acts.

1. The state fee shall be paid in the following amounts:

22) for the state registration of rights and restrictions (encumbrances) of rights to immovable property, contracts for the alienation of immovable property except legal actions in subparagraphs 21, 22.1, 23 - 26, 28 - 31, 61 and 80.1 of the item:
for individuals- 2000 rubles;

24) for state registration of ownership rights of an individual on land intended for ancillary, Dacha farming, gardening, horticulture, individual garage or individual housing construction, either created or established on this plot of land immovable property - 350 rubles;

Thus, only the amount of the fee for the reconstruction or the transaction is 2 000 rubles. Armed with this important knowledge, many users FORUMHOUSE could well save.

Here's the story from the participant portal nickname Sergey 134. He passed the entire package of documents and receipt of payment of registration fee in the amount of 350 rubles. Soon he got a call from the local administration, said that the package of documents to the MFC, it is necessary to pay a fee of 2,000 rubles. Sergey printed the above excerpt from the Tax Code, and showed it to the MFC employee.

Sergey 134

Member FORUMHOUSE

She began to mumble something about the fact that all of us are paying for the registration of 2,000 rubles, and I'm like, so smart just paid 350 rubles. And she said if you pass the registration, you'll be the first who paid only 350 rubles, but the suspension is likely to be.

After some time, the site has a new home Rosreestra Sergei cadastral number, area, information about the owner and the cadastral value. He went and took the package of documents in the administration (here we omit the story of how, in the MFC and Administration documents were lost and found thanks to the magic phrase, "now let the prosecutors seeking my documentation").

Sergey 134

In conclusion I would like to say thank you to this forum and a special thank you to all the participants who gave sensible answers to my questions.

Sergey told about his victory over friend system, which was to register the house and gave him the same printout. The first MFC also demanded 2,000 rubles, then "revered, whispered and took a receipt for 350 rubles."

Yuliya8kvartal

Participant FORUMHOUSE

We, too, were paid 350 rubles for registration and re-registration of land home ownership. No 2000 did not require, perhaps, in your city is a fool calculated, and you are the first intelligent, who caught them.

How to register land

If all documents are in order, the land register is easy: you just need to write an application for registration of rights to land and submit it to the Rosreestr or MFC. Here are the documents you need to attach to the application:

• documents of title to land: the contract (purchase and sale, exchange, gift, rent), certificate of inheritance, which came into force a court decision;
• cadastral passport land.

This - an ideal situation. But common are those who make the headlines on our website, such as: "I only book gardener. Is it possible to arrange this land, to build and live? ". The answer is no, you can not.

Dimkalab

Lawyer, Consultant FORUMHOUSE

Membership book is not a document of title, if someone "sell" section of the membership book, the buyer will not be able to become the owner.

Membership book gardener only confirms that the owner is in the CHT. She - not the basis for the formulation of land registration and not the basis for the state registration of ownership of land.

Alexslon

Member FORUMHOUSE

Neighbors bought land in 1996, then practiced the purchase of "membership book gardener", which gave the appearance of the title to the storage. Since then, they regularly pay all payments in favor of the SNT, work out, and so on. D. But all attempts to formalize land fade away at the stage of collecting the documents. Three years suffer, can not arrange.

For registration of land in the property need a document-basis. It must be the first to get the same thing, and here fit one of the following documents:

•  Resolution (decision, disposition) of local authorities on the allocation of land;
• the court's decision.

Dimkalab

If you want to privatize your site, then you need to find a document base (the decision on the allocation of land, and so the solution. D.), Which can be ordered in the district archive.

Then the consultant recommends FORUMHOUSE act as follows:

• order in the inventory chamber portion cadastral passport;
• if the passport is not put on the cadastral registration, then put it with the document-base;
•  receiving the cadastral passport at land ownership register and obtain a certificate of ownership.

To summarize

Despite all the assurances register a house without a building permit no easier than with him. It is necessary to go through all the stages of a convoluted quest:

• write a notice about the planned construction or reconstruction;
• within seven working days to receive notification of conformity or non-conformity;
• send a notice of completion of construction. Make sure that the amount of the fees does not exceed the established by the legislation;
• receive notification of conformity of the constructed or reconstructed objects;
• if necessary, to cheer up the MFC and the administration for the transmission of documents in Rosreestr for cadastre and registration.

It is clear that each situation its own characteristics, but also because of these features, you can always get good advice from our consultants and experienced users. For this we recommend the excellent thread on our forum: 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. Meet the legal advice on buying unfinished. Find out which garden, from the point of view of experts cadastral Chamber, dangerous to buy. Watch our video on how how to optimize costs when building a house.

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