According to the laws of our country, it is not necessary to register a cottage as a property. But if this is not done on time, then your site will formally belong to the state. Legalization provides many advantages: a house can be presented, exchanged, or made part of the inheritance. Legal property can be used as collateral for a loan or mortgage. For those who want to arrange a house on a summer cottage in 2019, step-by-step instructions are useful.
Content
The legislative framework
Since 2006, the so-called "summer amnesty" has been in force to register buildings located on a summer cottage. This law, which was originally supposed to be valid until 2015, was extended for another five years and is still relevant. Under this program, you can issue buildings on your territory if you have the appropriate ownership. In addition to the house, you can also privatize other buildings on the site: for example, a summer kitchen, a barn or a warehouse. Corrections to the rules were introduced by the new Federal Law, which has been in force for two years. After its entry into force, the registration procedure became more complicated. Previously, it was possible to arrange summer housing under a summer residence amnesty, simply by submitting a declaration, but now for this it is necessary to provide a cadastral plan. Now the owners need to contact the cadastral engineer to add the object to the registry: these are additional costs and time.
According to Federal Law No. 218-FZ, without registering borders, it is impossible to consider property not only a house, but also a whole plot, even if it belongs to you.
Innovations have advantages. For example, registering all registered sites in an all-Russian unified registry, which helps prevent fraud. All data can be found in the database, you no longer need to personally appear at the place of registration or receive information by registered letters. This can be useful when resolving disputes or entering into the rights of the heir.
What documents will be required
In order to properly register a residential building on a summer cottage, ownership will need to collect several certificates. The package of documents is small, in the presence of all checks everything can be submitted in a couple of days. If you need confirmation of residential status or cadastral work, then the filing of documents may take a couple of months. You will need:
- application in the prescribed form and a civil passport;
- receipt of payment of the required amount (the fee is 350 rubles for each building);
- cadastral documents for all buildings, including a certificate of established boundaries;
- confirmation that you own the territory.
If the cottage has already been built, then a building permit is not needed: only a plan of the finished building and the listed references. It is important to confirm your right to the site with a certificate of ownership or a gift agreement. All documents can be collected in person or granted such a right to an authorized person, having previously executed and notarized the power of attorney.
Sometimes part of the documents is lost or missing. In this case, contact the city hall or administration and write an application for the issuance of the designated area to the property, indicating the full address and all necessary data. The average time for considering such applications is two weeks.As a result, if there are no problems or contradictions, a certificate will be issued on the issue of land for unlimited use. The new owner is not responsible for the debts of the previous owners, his obligations come into force only from the moment of registration, and this is enshrined in law. When registering the site, a commission is convened in the administration, which specifies the coordinates of the territory and the possibility of securing the applicant. The fact of registration can also be confirmed with a garden book. If everything is in order, the owner of the site will receive a stamped document confirming his rights legally.
If the cottage was built over the past four years, then you will need a cadastral passport and the act of putting the house into operation. For earlier buildings, a technical plan will suffice.
Step-by-step instruction
It is easy to make a cottage a property, follow the steps clearly enough and collect the necessary documents. If the information that you provided will be reliable, and there will be no difficulties, then a month after the request you can get an extract from the USRN.
- The first step is cadastral work. To conduct them, you need to find a company or technical inventory office. Firms that offer such services are many, you can choose by price or recommendations. It’s better to follow the recommendations for the documents to be valid. The cost of a technical plan starts at 6,000 rubles, and about one and a half thousand will have to be paid for setting boundaries.
- Get an engineer’s signature on an electronic version of the technical plan. The signature of the witness must also be electronic. Two weeks are allotted for the procedure for execution and verification. The finished report must be attached to the package of documents.
- Pay the state fee for each of the buildings that you are going to register. All the necessary details for payment can be obtained on the website of Rosreestr or in the organization where you will submit documents. The receipt of payment must be saved and attached to the package of documents.
- All prepared documents along with the application and passport must be submitted to the Federal Registration Service in person or through the government services office. You can contact the nearest branch of the multifunctional center. If you have a certified electronic signature, then everything can be done from home in your personal account online.
- Wait for an extract from the USRN, which will confirm your right to own a summer cottage and a house built on it. The entire procedure described is suitable for already constructed buildings that are either already recognized as residential or do not need it.
As you can see, the procedure is simple and does not require a waste of resources. It can be simplified even more if you submit several applications at once together with your neighbors. Those who are members of a garden nonprofit partnership can collectively appeal to the chairman, and he will make one general statement to all.
The state duty is low, so the services of cadastral engineers usually become the main expense item. Until March 2020, there is a legislative limit on the maximum cost of their services, which you will not spend more. In Moscow and the region, the price does not exceed 450 rubles per hundred square meters, the total price for the plot should not exceed 7000 rubles. In regions, prices are usually lower, on average 4000-5000 rubles per plot, depending on size. The amount for registration is small, but citizens still do not seek to register their possessions so as not to pay property taxes.
Reasons to register
If the building on your summer cottage has not been completed earlier, then there are several reasons to do it now. Registration is needed to complete the majority of real estate transactions, inheritance of the house, resolve disputes and conflicts with other owners in the neighborhood. Registration is necessary for:
- protection from accusations of unauthorized construction and sudden demolition of your home;
- resolving conflicts with neighbors: if someone does not like the location of the barn or it seems that you climbed into someone else's territory - you will have documents to confirm your rights;
- establishing boundaries of the territory in case of claims from neighbors or the municipality;
- receiving compensation in the event that your house will be demolished for municipal or state needs;
- reducing the likelihood of receiving a fine that may be charged on your property if you did not fill it out on time;
- no problems in arranging communications: it is possible to legally connect water or gas only to a registered site;
- opportunities to inherit, sell or give;
- Opportunities to insure a house or use it as collateral when obtaining a loan or obtaining a mortgage.
You can register all buildings that are located on land suitable for horticultural and vegetable gardening, as well as residential and garden houses in the territory owned by the owner. In addition, you can register smaller buildings: garages, gazebos, warehouses, etc. This can include any construction for which a separate permit is not required.
Separate reason for registration: insurance. There are no problems for the registered land plots - insurance companies can easily deal with such cases: you only need to choose the right company and make payments. But without official documents, the procedure is more difficult to complete. Many companies may agree to insure an unregistered structure bypassing the law. For this purpose, a contract is drawn up with the customer, according to which compensation in an insured event will be paid by the relative of the owner of the site. The customer pays the money, but when the problem still arises, it turns out that the company does not owe anything: after all, another person is registered in the contract. It is much easier to formalize the cottage officially: if a critical situation still arises, it will be possible to solve it with the help of an insurance company.
Design Nuances
There are some points in the registration procedure that depend on the type of object being registered, as well as the stage of readiness: whether the house is built or is under construction. The difference will be in the design of the site, which must be recognized as residential - for example, if you need a residence permit. We will analyze all cases.
Unfinished house
If you did not have time to build a building, but already want to register it, then there are several options for how to do this. Firstly, you can get an appropriate building permit and continue to build a summer house by registering a plot and a house plan. Secondly, you can pay a fine for the building: it is not too big, only 2,000 rubles and calmly finish work without additional approvals. Finally, it is possible to register a building on the basis of a declaration, but accurate data and all expert opinions are needed.
Temporary housing
If you are not going to spend in the country all year round, then it is not at all necessary to design the building as residential. You save energy, time and money on examination. The only negative - you can not register in this house. Most use summer houses only in the summer or holiday season, so this option is the most popular. The order of registration will be standard. All necessary certificates of ownership are collected and submitted together with the passport, application and technical plan in electronic form (required with the conclusion of the cadastral engineer) at the MFC. After submitting documents, the Rosreestr issues a certificate of registration, or rather an extract from the unified register of state real estate. The main advantage of this method is that you can not follow the strict framework for the construction, since it is not considered residential and is not required to suppress noise or have walls of a certain thickness.
House
For those who plan to register at the cottage, the procedure is more complicated.First you need to recognize the room as residential and get a certificate of compliance with all standards. When houses are built by the company, such conclusions are usually already available, but in case of independent construction a commission will have to be invited. It is advisable to consult with a specialist before construction, so as not to correct defects at the last moment. Correspondence of the premises to residential status is established by a special commission. It can be ordered at the cadastral agency. The audit is conducted within forty days, then the owner receives an expert opinion. A complete list of rules can be found in the regulations. The main thing to consider: it is necessary for living in any season of communication and noise level. But there are other nuances that are better to clarify before starting construction.
The procedure for registering a cottage as a property is simple and relatively quick. You do not need to spend a lot of money on this: only the fee and services of cadastral engineers, but there are many advantages: legal ownership of the land, the ability to transfer it by inheritance or sell it, use it as collateral for a mortgage or loan. If you design a cottage as a residential building, then you can register in it - however, for this it must comply with all standards and regulations.
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