What will happen if you do not register a country house before March 1, 2019

Previously, owners of holiday homes only had privileged taxation conditions. After innovations in the legislation, the concept of “cottage” ceases to exist. As of 2019, the amnesty is not fully canceled. Now registration in Rosreestra is only subject to construction. A country amnesty still applies to land plots, but building structures on unregistered territory will fail.

The concept of a country house is no more

In July 2017, the President of the Russian Federation signed the Law “On the conduct by citizens of gardening and horticulture for their own needs and on amendments to certain legislative acts of the Russian Federation”. It entered into force on January 1, 2019. Now the name "cottage" for homes that are not basic to life is not applicable. It was abolished from the legislation of the Russian Federation. Since 2019, all houses are divided into residential and non-residential. This greatly simplifies the construction registration process. Separately spelled out the concepts of "residential building" and "residential building." The first of them applies only to suburban areas. Those are considered territories intended for horticulture and truck farming.

The document signed in mid-2017 regulates the rights of citizens to:

• ownership of land intended for recreation and gardening, for their own needs;
• construction of non-residential buildings, for example, greenhouses, baths, workshops, etc .;
• construction of residential buildings;
• farming, gardening;
• the organization and work of local government, as well as the support of this body from the state.

The main change directly affected residential buildings. Now even in the country you can officially register. However, it must be remembered that in most villages, infrastructure is almost or completely absent. However, from the point of view of the law, now it is quite possible. To register in a residential building, it is necessary to comply with a number of conditions described in the law. For example, you will not be able to move to an unheated building, because she does not meet the minimum requirements.

What will happen if you do not register the house as a property

It is difficult to say exactly how many country houses are not registered in the Cadastral Chamber. In 2018, there were more than 10 million such houses. Now representatives of the state prefer to seek their design without conflict. In total, there are three ways in which the Cadastral Chamber interacts with property owners:

1. Persuasion. The softest of the existing methods. Representatives of the tax service contact the owners on their own. They send letters describing the registration process and asking them to do so soon. Such a measure is only temporary.In the near future, the government plans to move to more stringent methods of influence.
2. Taxes and penalties. The law also provides for such liability for the presence of buildings not put on cadastral registration. This applies to all buildings, including houses, saunas and any utility rooms. The tax authority has the right to oblige the owner to pay tax for the last 3 years. You will also have to compensate for the violation of the law, giving 20% ​​of the resulting amount.
3. 2 times tax increase. The possibility of such an impact for persons evading payment of obligations under the law is only being discussed. It is not known whether such a measure will be introduced. If it is approved, all violators will receive a coefficient of 2 to the standard tax.

Why can the tax on country houses be increased

First of all, such a measure is needed to motivate owners to fulfill their financial obligations to the state. There are two reasons for increasing the coefficient:

• identification of buildings not registered in the Cadastral Chamber;
• the lack of buildings on the land that was allocated for these purposes (by law, this is considered misuse of the site).

Why register cottages

In the Cadastral Chamber should be information not only about residential buildings. In the Russian Federation, by law, such property is taxed. Many owners prefer not to file documents so as not to pay property taxes. This is considered a violation of the law. There are three weighty arguments in favor of registering a summer cottage:

• legalization of the building to avoid doubling the tax and related fines;
• after registration, it is easier to draw up new buildings;
• You can sell a summer cottage and a house only after the official entry of data into the Cadastral Chamber;
• simplification of the transfer of property as an inheritance (unregistered real estate in a summer cottage may create serious difficulties for future owners).

How to start home decoration

Before you receive confirmation of the inclusion of real estate in the lists of the Cadastral Chamber, you must collect all the documents. When going to the nearest MFC office, the owner should have in his hands:

• a technical plan previously obtained from a cadastral engineer;
• passport of a citizen of the Russian Federation;
• receipt of state duty;
• completed application for the Cadastral Chamber (a sample can be found on the website of public services).

After 10 working days, if all the documents are filled out correctly, all information will appear in the database of Rosreestr. If something is missing or the technical data is incorrect, you will have to re-submit the application. This can take a long time. You can also order a review if everything was framed correctly, but the MFC refused.

Cost of cadastral engineers

In all regions there are fixed prices for the preparation of technical plans. Such an introduction was necessary so that the owners did not have to give a fortune to the procedure for registering the land plot. Officially, there is no lower threshold for the cost of plans. However, there is a maximum price limit that is prescribed by law.

Currently, these restrictions are introduced on a temporary basis. Existing prices will be valid until March 2020. In the future, these figures may be revised. It is also likely that the threshold will be excluded from the documents. Separately, financial issues are regulated in the regions, for example, in the Vladimir region, drawing up a technical plan for the entire site cannot cost more than 4000 rubles. As of 2019, cadastral engineers in Moscow and the region can set a price:

• not more than 450 rubles 1 one hundredths of a land plot;
• the cost should not exceed 7000 rubles for the entire territory.

Country amnesty will end in 2019 or 2020

In June 2006, Federal Law No. 93 “On Amending Certain Legislative Acts of the Russian Federation on the Issue of Registration in a Simplified Procedure of Citizens' Rights to Certain Real Estate Items” was issued. The people called him "Country Amnesty." The Law is now facing serious changes that could completely change it. In February 2018, Law No. 36 “On Amending Certain Legislative Acts of the Russian Federation” was signed by Rosreestr, which extended the “Summer Amnesty” until March 1, 2020. The essence of the document is in the simplified procedure for registering a site and all buildings on it. Now the Law acts separately on land plots and buildings. The amnesty will be extended to the first until 2020.

Changing the construction order

Since May 2019, citizens of the Russian Federation are also required to notify the state of the planned construction. This applies to houses and any other types of country real estate. Even after the Cadastral Chamber is notified of the start of work, the owner must register a new building after the construction is completed. If registration occurs later than August 2018, you must contact the Rosreestr or submit documents through the MFC.

Which house need to be registered

Buildings are not subject to simplified registration since February 2019. Such changes came into force due to Law No. 340-FZ. Which individual buildings are considered residential, determines paragraph 39 of article 1 of the Civil Code:

• the house should have no more than 3 underground floors;
• building height should not exceed 20 meters;
• a building cannot consist of several types of real estate at once.

How to register before March 1, 2019

Previously, there was the concept of "cottage". Such houses did not need to be registered, which simplified the life of the owners. After the introduction of new laws, all property owners must draw up rights and make their buildings in the register. If you do not register a country house before March 1, 2019, the owner may be required to pay a fine or impose a 2-fold tax on property entered in the register later than that laid down. It was possible to register a summer cottage in just 3 steps:

1. Get a technical passport from a cadastral engineer.
2. Bring the document to the nearest branch of the MFC, from where it will be sent to Rosreestr, or deliver it there personally.
3. Wait until the house is registered. This happens without the participation of the owner.

How to register now

Now the procedure for registration of houses and other buildings in summer cottages has become more complicated. In addition to the technical passport, the owners must fill out an application and pay the state fee. After that, representatives of the Cadastral Chamber verify the legality of the building. If she does not violate any rules, documents are executed and entered into a single Rosreestr. When the process is completed, the owner of the cottage receives a document confirming the registration in writing.

Which buildings do not need permission

Since 2019, all the buildings on the garden plot should be included in the Rosreestr. For the construction of some of them you must first obtain a permit. However, the law provides for types of real estate for which a state warning about the planned work is not required. These include:

• annexes;
• garages;
• residential buildings;
• outbuildings;
• other buildings not related to capital.

Some buildings do not even require registration.For example, this applies to greenhouses and any construction without a foundation. Also, it is not necessary to notify the authorities about garages or utility buildings - sheds, workshops. After the construction is completed, it is enough to submit a cadastral plan to the nearest branch of the MFC for registration. For registration, you need a passport and a completed application.

If land is not registered

Before you can add real estate to Rosreestr, you will have to create a record of the land. Without this item, it is impossible to complete the construction on an unregistered territory. Now this is the easiest way to do this: until 2020, amnesty applies to the plots, which means it is much easier to arrange them than country houses. The building will be considered registered when a response comes from Rosreestr. It must be submitted in writing as an official document. To do this, you will need:

• cadastral plan previously received from an engineer;
• document confirming the rights to the land plot (deed of gift, contract of sale, will, testament, etc.).

Where to go after construction

There are three ways to arrange a country house for those who have not received permission to start work:

1. To issue real estate through a declaration.
2. Register the building as a self-building, but then you will have to pay a fine of 2000 rubles. Avoid it will not work.
3. You can obtain permission for unfinished construction and continue work. After their completion, it will be possible to register the building under normal conditions.

If the construction is completed, but permission has not been given, dispensing with the fine may not work. It depends on the Cadastral Chamber. Its representatives can arrange everything without fines or appoint them at their discretion. It will be more difficult to register the building through the declaration. This became more problematic after the introduction of Law No. 218.

To create a record in Rosreestr about an existing summer house, you must submit standard documents to the nearest branch of the MFC. They should also include a technical plan. However, there are separate rules for registering houses in which owners want to register. For this, the building must meet the minimum requirements of a residential building, i.e. be heated and relevant at any time of the year. To register a house in this format, you must contact a special commission that will evaluate its suitability. In total, the process takes 40 days. After that, the owner of the building receives a paper on his hands, confirming the examination of the country house. This document will be needed to make a house in Rosreestr.

You can apply for registration of a building in three ways:

1. Take personally to any department of the MFC. It doesn't matter which SNT the site belongs to.
2. Send paper by mail. In this case, it is necessary to compile an inventory of everything that will be enclosed in the envelope. The letter must be registered, otherwise it may not be accepted at the Rosreestr. After consideration, an official confirmation of registration will come.
3. In electronic form through the website of Rosreestr. It is necessary to scan all documents and send them in one application. If some papers are missed, the request may be rejected.

On average, the process of registration of real estate takes about 14 days. It does not depend on the application method. When the building is added to the register, the owner receives an extract from the USRN as evidence of registration of real estate. This document does not confirm the right to own the site, but only proves the legality of the construction.After receiving such a paper, no additional action is required: the building is considered registered.

What will change after March 1

The main changes affected the “Country Amnesty”. If earlier it was possible not to register country houses, now it is impossible to do without it. Previously, private buildings underwent compulsory registration only if they stood on the territory of villages and towns. All private buildings located in SNT and other places for recreation have been exempted from having to register them with the USRN since 2006. Since March 1, 2019, summer houses have lost this privilege.

Although the amnesty has been canceled, the process of registering buildings in summer cottages has become easier. The law was passed a long time ago, and the special registration rules have not been relevant for a year. However, the owners could still enter the data into the Federal Register in the old way until March 1. This method is no longer relevant, but until 04/01/2019 it was considered transitional. At the end of this period, registration takes place only according to the standard scheme.

It is impossible to say unequivocally whether the process of entering information about dachas into the USR has become simpler or more complicated. The new legislation has advantages. For example, now owners can arrange a house as a residential one and register in it. Now the government is loyal: it is still trying to influence the owners of illegal buildings without severe punishment. Fines and tax rates are applied only in extreme cases. However, the design of the site and the house is best done as early as possible. Later, the state may well resort to more cruel measures than persuasion.