Changes from March 1, 2019 when registering a house on a summer cottage

The period of validity of the simplified registration scheme for the ownership of land and buildings located on them at the beginning of 2019 in the Russian Federation came to an end. Simplification, due to which it is possible to register real estate, has become impossible. Since spring, the procedure for owners of country houses has changed, regardless of what territory the building is located on.

The concept that there is no longer a summer house

On March 1, the regulatory legal act on horticultural and vegetable garden partnerships entered into force. The law excludes the existence of such forms of business entity as gardening or summer cottage consumer cooperatives and business organizations with several owners. In this regard, at the end of 2018, deputies proposed deleting the expression “country house” from the codified normative act.

Hundreds of thousands of summer residents are interested in whether their plots with buildings will be outlawed and if documents need to be renewed urgently.

According to the normative legal act, which has been gaining force since the beginning of March, it is possible to legitimize the ownership of a country house on a garden plot provided that the construction of the building is agreed upon in advance with the local administration.

Documents for reporting certain information to citizens should be presented on the official pages of local municipalities. Before the indicated time, the period at which it is possible to register property upon presentation of only design documentation for the construction must be indicated. Citizens who have issued a permit will not be required to notify the construction of buildings. However, it will be necessary to coordinate the project in a legal way if the work is not completed before March 1.

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

If you do not register country houses before March 1, 2019, the object is equivalent to an unofficial structure, and the buildings are recognized as unauthorized. After a court decision, they may be obliged to liquidate.

If the owner does not have instructions in accordance with the law, the buildings are subject to dismantling. If the owner of the house himself does not demolish the buildings, then this will be done by local authorities. An exceptional measure of law is their responsibility.

In addition, in accordance with the code, for the operation of an unauthorized building shall be punished in the form of a monetary penalty:

• subjects of civil law engaged in business operations in various fields of activity - from 2000 to 5000;
• persons represented by authority - from 20,000 to 50,000;
• individual entrepreneurs registered in the manner prescribed by the Law - from 20,000 to 50,000;
• registered organizations, firms or companies having the right on their own behalf to acquire property and non-property rights - from 500,000 to 1,000,000.

If the owner of the site ignores the requirements of the Law, will prevent the demolition of buildings, there is one more fine:

• subjects of civil law engaged in business operations in various fields of activity - from 20,000 to 50,000;
• officials and individual entrepreneurs registered in the manner prescribed by law - from 20,000 to 50,000;
• legal entities - from 100,000 to 300,000.

How to get started

According to the latest amendments, for the official entry into the register of house building, located both in the village and on the territory of the Gardening Nonprofit Partnership, you need:

• send a notification with the parameters to the local organization that ensures the resolution of issues of the population;
• attach to the request: extracts from the Unified State Register of Rights, technical plan, documents on the right of ownership;
• expect a response from the administration within a week;
• thirty calendar days after the completion of construction send the following notification;
• attach to the written notice: a check of obligatory payment for registration of the house, a response to the first notification sent, copies of documents;
• wait for the local authorities to send a notification to the Federal Service for State Registration, Cadastre and Cartography;
• If you wish, you can speed up the procedure by sending documents yourself.

The termination term "country amnesty"

When preparing documents, summer residents have doubts about the extension of the simplified registration scheme for land plots and buildings. The Federal Service for State Cadastre and Cartography explains that a new law was signed last year, which indicates the extension of benefits until 2020. However, the Town Planning Code introduced changes in a number of permits for the commissioning of residential buildings. This applies to buildings with more than three floors that do not have separate apartments.

In August last year, the law was amended. It spells out the possibility of not receiving permits for small buildings in the plots. The adjustment has a validity period not established by law.

Validity of the "summer amnesty" until the spring of 2020. The privilege applies to private houses that are built on plots allocated for construction or subsidiary plots.

The simplified procedure for official entry into the register for the rest of the real estate has become unlimited. It concerns: country houses, garages, boiler rooms, sheds, toilets, baths.

Changing the construction order

After the entry into force, the legislative act has undergone several changes. With the introduction of the new document, the word "cottage" ceased to exist. According to the law:

• since August 2018, there is no need to seek approval for the construction. A written notice is required before and after construction;
• the construction of buildings begun before the adoption of the previous change is legalized by sending a written notice before March 10, 2019;
• for outbuildings do not need permission and notice.Only a technical plan with full compliance with the legal act will be required;
• ownership of the plot issued before 2011 is confirmed after the submission of a certificate from the municipality;
• there is no need to obtain permits for the commissioning of buildings erected with an appropriate permit;
• due to changes and amendments, construction and its legalization became noticeable instead of allowing.

To prepare a technical plan for house building, you will need the services of a land surveyor, you will need project documentation or a declaration. It is impossible to register property with the Federal Cadastral Service without a technical plan.

Which house need to be registered

After entering the final stage of the legislative process in August 2018, the deputies specified the expression “individual residential building”. It includes buildings that have the requirements:

• number of aboveground floors - no more than three;
• height - 20 meters;
• the house is an integral complex object;
• the purpose of the building is the permanent or seasonal residence of people.

The established legal act does not affect already registered homes. In this case, you do not need to re-register anything. However, innovations are superimposed on the "non-existent" according to the law of the building:

• non-residential buildings on garden plots can only be temporary, not subject to registration;
• residential houses in gardening associations must be included in the register.

Registration before March 1, 2024

For owners of houses in summer cottages, the “amnesty” brought new difficulties. Previously, summer residents did not need to register buildings at all. Now they need to be notified of the Federal State Registration Service.

Until the end of February 2019, the procedure was different - only a technical passport with a declared structure was required for registration. After contacting the cadastral engineer, a technical passport was issued, which was sent to the federal executive authorities. Based on the generated document, registration was carried out.

How to register now

If a citizen has not registered a country house in the Register, a written notification to the local administration is indispensable. At the same time, it is necessary to inform both the buildings and the changes made to the existing residential building. The registration procedure in 2019 provides for:

• notification to local authorities from the owners of the land about the planning of the construction of a building for living;
• after the construction of the house is completed, a notification is sent to the municipality with the attached documents;
• in the case of several owners of one housing construction - distribution of shares, obtaining the consent of each owner;
• presentation of a check on payment of state duty;
• verification by local authorities of all documentation and the legality of construction;
• determination of an application for registration with the Federal State Registration Service;
• after checking receipt of written confirmation on hand.

Which buildings do not need permission

In some cases, permission to erect buildings is not necessary. You can do without it subject to the conditions:

• the construction will not be connected with other buildings by a common foundation or communications network;
• the project will not divide the house into apartments;
• building no more than three floors with one family;
• the height of the house will not exceed 20 meters.

Restrictions on height and separation of the building into separate housing were introduced to exclude the construction of complexes of two and three-story houses according to the simplified method. If the object does not meet the requirements, you will have to obtain permission.

If land is not registered

Despite the fact that the registration process has remained informative, for violation of the terms and rules face administrative penalties up to the forced liquidation of the facility.

Federal executive bodies will conduct checks on the subject of self-seizure of land plots, illegal buildings. If such objects are identified, the authorized bodies will send a document on the coordination of construction within thirty calendar days.

If buildings are erected on a site where construction is prohibited, the federal authorities will file an act on the liquidation of the facility. In addition, a fine will be imposed for causing damage to the land. You can change the status of the land plot, legalize unauthorized construction by contacting the municipality or the court.

Where to go after construction

After the construction is completed, you need to submit an application with the attached technical plan of the garden house. The municipality will conduct an audit, in seven days they will issue a written decision on compliance with the regulatory legal act of the constructed or reconstructed building. Lawyers will send documents to the Federal State Registration Service. The property owner does not need to do anything on his own.

If the lawyer of the administration is not able to send the application by the due date, you can do it yourself. In the event of a violation by the summer resident of construction standards, the federal authorities may force the reconstruction of the house.

What will change after the fourth of March

If you do not register buildings or their construction without prior notice, the property will be categorized as “self-built”. These objects can not be operated, to draw up a contract of "sale" or "gift" on them.

To legitimize and operate the owner will have to fulfill all the requirements of the law. In practice, this procedure may not be simple. For example, a residential building should be at a distance of three meters from a neighboring fence. If the norm is violated, the house cannot be moved. Therefore, they will have to establish their rights in a judicial procedure with the involvement of cadastral engineers.

Building regulations have changed. Now, on the territory of gardening non-profit partnerships, only outbuildings can be erected without permission. Citizens who do not register their houses will be forced to demolish all buildings that do not fall under the status of "outbuildings."