On January 1, 2019, the new 217-FZ “On Gardening by Citizens...” came into force, which significantly changed the lives of gardeners, including in the area of ​​placing residential buildings on garden plots.

And now more details...

The concept of a residential and garden house and their differences. Residential building

217-FZ introduces a new concept garden plot of land - a plot of land intended for recreation of citizens and (or) cultivation of agricultural crops by citizens for their own needs with the right to place garden houses, residential buildings, outbuildings and garages(clause 1 of article 3 217-FZ).

At the same time, all land plots with such types of permitted use as "for gardening", "for gardening", and “dacha land plot”, “for dacha farming”, “for dacha construction” become equivalent and are recognized as garden land plots (clause 7 of article 54 217-FZ).

It follows from this that the owner of a garden plot of land has the right to place on the plot his choice: a garden house or a residential building.

Until 2019, gardeners were allowed to build only residential buildings on plots without the right of registration (registration), and therefore without the right to permanently reside in them.

With the entry into force of 217-FZ, buildings located on a garden plot, registered in the Unified State Register of Real Estate, as « residential building", "residential", are recognized as residential buildings. Consequently, since residential buildings have been recognized as residential buildings, the owners have the right to register in them at their place of residence. At the same time, documents for residential buildings do not need to be reissued (clause 9 of Article 54 217-FZ).

The Town Planning Code of the Russian Federation also equalized the concepts of “individual housing construction object”, “residential building” and “individual residential building” (clause 39 of Article 1 of the Civil Code of the Russian Federation).

Unlike an individual residential building, the garden house is non-residential. Information contained in the extract from the Unified State Register on the purpose of buildings, such as “non-residential structure”, “non-residential” “seasonal use”, with the exception of outbuildings and garages, are recognized as garden houses (clause 11 of article 54 217-FZ).

Also, Article 16 of the Housing Code of the Russian Federation, which contains a list of types of residential premises, does not classify a garden house as residential.

Garden house is only a building for seasonal use, intended to satisfy citizens’ household and other needs, associated with their temporary stay in such a building (clause 2 of article 3 217-FZ).

Therefore, you cannot register in garden houses.

Construction of a residential building on a garden plot

According to Art. 1 of the Town Planning Code of the Russian Federation, an individual residential building has the following features:

• Detached building (i.e. not an annex)
• Number of ground floors – maximum 3;
• Height – up to 25 meters;
• Availability of rooms and auxiliary premises;
• Not intended for dividing into parts of a residential building.

The construction of a residential building on a garden plot does not differ from the construction on a land plot intended for individual housing construction, with the exception of the following points:

1. Territorial zone. According to paragraph 2 of Art. 23 217-FZ, the construction of capital construction projects on garden land plots is permitted only if such land plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved that establish the maximum parameters for such construction. For example, a garden plot of land is located in the territorial zone CX-1 – Gardening area, But the rules of land use and development in this zone do not provide for the construction of capital construction projects, then it will not be possible to obtain permits for construction.

ADVICE: To find out in which territorial zone the land plot is located, you need to order an urban planning plan for the land plot (GPZU) from the local government - free, term – 1 month. or an extract from the information system for supporting urban planning activities (extract from ISOGD) – usually for a fee (up to 1000 rubles), period - up to 1 week.

2. Extension of the dacha amnesty. Since August 2018, it is no longer necessary to obtain permission to build a residential building. Instead of a construction permit, it is necessary to receive a notification about the compliance of the planned facility and subsequently a notification about the compliance of the constructed facility with legal requirements.

1. Extract from the Unified State Register for a garden house. If the garden house is not registered, then the title document for the house (purchase and sale agreement, certificate of inheritance, etc.). Providing an extract is not mandatory.
2. Conclusion on inspection of the technical condition of the object. This document is the basis for making a decision on converting a garden house into a residential one. The conclusion is prepared by a specialized organization or individual entrepreneur that is a member of the SRO in the field of engineering surveys. An example of such a conclusion:
3. If the garden house is located in a mortgage, then the notarial consent of the mortgagee (bank) is required for home renovation.

Submission of documents to the Administration.

Documents are submitted in person to the Administration or through the MFC. In response, the Administration or MFC specialist issues the applicant a receipt for receipt of documents.

Application processing time – 45 calendar days.

Upon expiration of the specified period, the Administration makes one of two decisions:

• on recognition of a garden house as a residential building;
• on refusal to recognize a garden house as a residential building.

In case of refusal, the Administration is obliged to refer in its decision to one of the following grounds for refusal:

1. The application does not contain mandatory information (postal address, cadastral numbers);
2. There is no conclusion on the inspection of the object;
3. The applicant is not the owner of the garden house;
4. The Unified State Register of Real Estate does not contain information about rights to a garden house;
5. The consent of the mortgagee (bank) has not been submitted;
6. The types of permitted use of the land plot do not include the placement of a house.

An applicant who does not agree with the decision to refuse has the right to appeal it in court within 3 months.

From 2019, a new law on horticulture* will come into force, which eliminates the concept of “dacha non-profit partnership”, leaving only two possible forms of partnerships: horticultural and vegetable gardening. Accordingly, two types of land plots are provided: garden and vegetable plots. Dacha plots will be equivalent to garden plots.

“The horticulture law does not establish any fundamental changes regarding the development of garden plots. But if you are now starting construction on your garden plot, then it is better to know in advance what can be built on this land,” warns the Office of Rosreestr for the Chuvash Republic.

On a garden plot of land you can build:

Garden house for seasonal use. For its placement (construction) it is not necessary to obtain appropriate permits. The concept of “garden house” is being introduced to replace the existing “residential building”. The intended purpose of this building is temporary stay and recreation of citizens;

A residential building intended for permanent residence, with the possibility of registration. To build a residential building on such a site, a building permit will be required;

Outbuildings (including barns, bathhouses and other structures and buildings on a foundation);

On a garden plot of land, you can build outbuildings that are not real estate objects, intended for storing equipment and agricultural crops. That is, lightweight buildings that can be easily moved, rearranged, disassembled and reassembled.

The construction of capital construction projects on a garden plot, according to the new law, is allowed only if such land plots are included in the territorial zones provided for by the rules of land use and development, for which:

Town planning regulations have been approved;

Limit parameters for permitted construction have been established.

That is, the possibility of building a permanent house will depend not only on the type of permitted use of the land plot (garden or vegetable garden), but also on the town planning regulations that establish the maximum parameters for such construction.

The Office of Rosreestr for the Chuvash Republic also notes that replacement of previously issued documents will not be required. This replacement can be carried out at the request of the copyright holders.

Thus, buildings located on garden plots of land, information about which was entered into the Unified State Register of Real Estate before 01/01/2019 with the designation “residential”, “residential building”, are recognized as residential buildings.

Buildings and structures with a “non-residential” purpose, seasonal or auxiliary use, intended for recreation and temporary stay of people, which are not outbuildings and garages, are recognized as garden houses.

*Federal Law No. 217-FZ of July 29, 2017 “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation.”

A garden house in its most classical sense is not intended for permanent residence of people. As a result, it is impossible to register in it. Such a building is considered non-residential. However, this does not apply to all houses in SNT. Let's look at the issue in more detail in this article.

Concept

Within the framework of this article, you need to clearly understand what a non-residential and residential building is, as well as how they differ from each other. - This is a building that is intended for permanent residence of people. You can register in it. A non-residential building is intended for temporary residence. For example, in the summer. It is impossible to stay in such a house in winter, since it is not insulated and heating is not supplied (there may be other options).

Example: A small house where gardeners store equipment and take a break from the summer heat is not intended for permanent residence. It can even have beds, but communications usually only include electricity, and not always. Such a house cannot be recognized as residential. A permanent building, with all communications connected, insulated, with heating and everything necessary for life, even if it is located on a gardening plot, can be considered residential.

Is a garden house a residential or non-residential premises?

Based on the above, a garden house can be considered both a residential and non-residential building, it all depends on its condition, arrangement and many other factors. Until 2019, the concept of “garden plot” was divided into several others. It was allowed to build both residential and non-residential buildings. And if the building was at one time registered as residential, then after 2019 no amendments are required. The house will automatically receive residential status.

Until 2019, even if a house was recognized as residential, but was located on a garden plot, it was impossible to register in it. Now all owners have received this right.

On the other hand, if the house is being built after 2019 or has not previously been registered as residential, it will first have to be given the status of a residential building. Otherwise, you will not be able to register in it.

In addition to the lack of registration options, there are other problems. For example, pledging a non-residential house is much more difficult than a residential one, not to mention the fact that residential real estate automatically costs much more than non-residential real estate.

The difference between a residential and non-residential house on a summer cottage

To understand the difference between a residential and non-residential building, you need to consider the requirements that apply to residential buildings located on a garden plot. It is these parameters that distinguish these buildings.

Requirements for a residential building

A residential cottage (house) must meet the following requirements:

• Structural elements and fences must ensure the safety of the property of the owners and must not threaten their lives.
• All main communications must be connected (electricity, water, sewerage, gas, and so on). In some regions where it is not possible to supply, for example, gas or sewerage, this requirement may be partially ignored.
• The temperature inside a residential building in winter should not fall below 18 degrees.
• The air humidity inside the house should not be higher than 60%.
• The plot and the house itself must be registered as private property.
• There should not be any for the house or plot.

Area of ​​premises of a residential building

In addition to the above, additional requirements are put forward for the area of ​​premises inside the house:

At the same time, the ceiling height in above-ground premises must be at least 2.5 meters, and in the basement - at least 2 meters.

These requirements can be partially ignored, but they cannot differ greatly from the stated parameters. Otherwise, it will be impossible/uncomfortable to use such premises.

What is the best way to register a country house?

If the country house is already registered as a residential building (until 2019) and the only problem is to give it an address (and get the opportunity to obtain permanent registration), then it is enough to contact the local administration and demand that a real address be assigned to this property. Usually this is done on demand.

Address information is also entered into Rosreestr, so you may need to order a new, fresh extract from the Unified State Register of Real Estate.

If the house is not yet residential, you will have to first recognize it as such and only then require an address to be assigned.

Procedure

1. Order a technical report. Since a commission is not appointed to inspect the house and the decision is made only on the basis of the documents provided by the applicant, such a conclusion from any qualified expert who has all the necessary licenses is mandatory. The conclusion indicates all the basic information with which the administration can decide whether to consider a given house residential or not.
2. Prepare all documents (see sample list below).
3. Submission of documents and applications to the MFC (My Documents) or local administration.
4. Waiting and receiving a decision.
5. Making changes to Rosreestr.
6. Request to assign a house address.

Documentation

The main point in the procedure for recognizing a house as residential is contacting the administration or the MFC. To do this you need a certain list of documents:

• Expert opinion regarding the condition of the house.
• Application to the MFC or local administration (filled out on site).
• Passports of all property owners.
• Notarized consent of all property owners to change its status.
• in the event that there are minors among the co-owners.
• Extract from the Unified State Register of Real Estate.
• Technical passport and cadastral passport.
• Legal documents.

The presented list may be slightly modified or supplemented depending on the situation and the region where the home is located. For example, they may require a certificate of no debt for utilities. Despite the fact that the presence of debts is not a basis for refusing to recognize a house as residential, it is for this reason that they are refused very often. The problem can be resolved through court, but you will still have to pay off the entire debt.

Expenses

Despite the fact that the procedure for transferring a garden house to residential status is formally free, in fact you will have to incur some costs associated with the preparation of documentation and subsequent registration of changes:

Deadlines

The timing largely depends on the applicant himself, but there are some points he cannot control:

• Drawing up a technical report: up to 3 weeks (less often, more).
• Receiving a decision from the administration: up to 45 days from the date of submission of all papers.
• Registration of changes in the registry: up to 2 weeks.

Despite its apparent simplicity, in fact, turning a garden house into a residential building is a rather complex procedure. Often this cannot be done without an experienced lawyer. At a free consultation, our specialists will talk about the most important points that require the attention of owners. They can also take care of all the paperwork, preparation of documents, and will even represent the client’s interests in court, if necessary.

BTI issued a registration certificate for the house in SNT. It is written: "residential building", purpose - "non-residential"

Read more: 02/12/2013 (yesterday) I received a Technical Passport for the building. is located agricultural lands in "SNT". It is written there:
name of the real estate property - “residential building”
purpose - "non-residential".
An interesting fact is that the BTI was provided with a “Certificate of State Registration of Rights” for this house, received at the registry office under a declaration that states:
building - house
purpose - residential
For registration you need either a registration certificate and a certificate for the house or a certificate for the house with the registration number, which means that in any case it comes up " non-residential purpose" and "... structure".
As far as I know, the passport office cannot register me in a “residential building”; I will have to prove through the court that the house is suitable for habitation, pay money for an examination, waste time
At the BTI, a lawyer explained to me that it says “residential” structure, not "residential" house", And " non-residential purpose" because the building is located on agricultural land.
How can it have a “residential building” and a “non-residential purpose”? - I also shook off.
So, the earth is to blame for everything. Trying to transfer the land to another purpose? Such a task is not worth it.
How to resolve?

1. Registration: 02/06/13 Messages: 1,031 Thanks: 1,908

   DRAFT STATEMENT:
   Statement
   I, …….., inform you that the documents issued by you in my name contain information that does not comply with the norms of the legislation of the Russian Federation.
   As of February 13, 2013, agreement No. 00001052 dated January 21, 2013 was concluded between me and the Dedovsky department of the Krasnogorsk branch of the State Unitary Enterprise MO "MOBTI" dated January 21, 2013 at the address: Dedovsk, st. Sportivnaya, 3, 1st floor. Confirmation of payment for BTI services is receipt No. 27-001151-00, the year of issue of the receipt is 2013.
   I inform you that in the Technical Passport you issued it is written: the name of the real estate object is “... building”.
   In our legislation no definitionsuch a concept of land, town planning and civil law as “ structure" . This uncertainty gives rise in practice to a huge number of disputes with government authorities..
   Despite the fact that some prominent civil scientists believe that attempts to give legal definitions to the concepts of “structure”, “building” and “construction” are hardly advisable, since these concepts are not among the legal categories, I dare to disagree with this point of view. For Your willful use of these “illegal categories” has a significant impact on the implementation of my rights and legitimate interests .
   In this regard, let us try to understand the concept of “structure” and how it should be used in law enforcement practice. As noted by experts, traditionally in Russian civil law, buildings and structures were designated by the term "structure." At the same time under structure a building was and is understood to be firmly legally connected to a land plot, i.e., “standing” on the ground. Thus, three forms of buildings have flowed into modern legislation: structure (generic concept), as well as building and structure (specific concepts). Now they are used as three synonyms.
   I repeat: in the Technical Passport for the building issued by you, the name of the real estate object sounds like this - “... building”. Is the structure (building) called a structure? Is this humor from BTI? A structure is “built on the ground” without reference to capital, legality, etc.
   According to their purpose, buildings are divided into residential, public and production. To residential buildingsinclude apartment buildings, individual houses for permanent residence of people and hostels for living during work or study.Public buildings designed for social services to the population and for housing administrative institutions and public organizations.Industrial buildings serve to accommodate industrial and agricultural production and provide the necessary conditions for people to work and operate technological equipment. Industrial buildings include buildings of plants and factories, transport, energy, etc.; for agricultural purposes - buildings for keeping livestock, poultry, vegetable and grain storage facilities.
   I inform you that my building does not belong to public and industrial buildings, since it does not serve these purposes, and besides, I am going to register in this building.
   In connection with the Resolution of the Constitutional Court of the Russian Federation dated June 30, 2011, since 2011 I have the right to register at my place of residence in the SNT “……” on agricultural lands. The Supreme Court Ruling states: “andBased on the above and guided by the second part of Article 71, Articles 72, 74, 75, 79 and 100 of the Federal Constitutional Law "On the Constitutional Court of the Russian Federation", the Constitutional Court of the Russian Federation ruled:
   Declare inconsistent with the Constitution of the Russian Federation, its Articles 27 (Part 1) and 55 (Part 3), paragraph two of Article 1 No. 66-FZ to the extent that it excludes the possibility of registering citizens at the place of residence in residential buildings owned by them , which are suitable for permanent residence and are located on garden plots of land classified as agricultural lands..... This Resolution is final, not subject to appeal, comes into force immediately after proclamation, acts directly and does not require confirmation by other bodies and officials.”
   I inform you that what you wrote down in the technical passport - “residential building” - in legal terms takes on the color directlycivilly-legal.
   In Chapter 2 "Housing Code of the Russian Federation" dated December 29, 2004 N 188-FZ:
   Article 15. Objects of housing rights
   1. The objects of housing rights are residential premises.
   2. Residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meet the established sanitary and technical rules and regulations, and other legal requirements (hereinafter referred to as the requirements).
   Article 16. Types of residential premises
   1. Residential premises include:
   1) residential building , part of a residential building;
   2) apartment, part of an apartment;
   3) room.
   I would like to ask you: what type of residential premises does my “ residential building"?
   2. A residential building is recognized as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens’ household and other needs related to their residence in such a building.
   Article 17. Purpose of residential premises and limits of its use. Use of residential premises
   1. Residential premises are intended for the residence of citizens.

   I repeat once again that in legislation RF no definitionsuch a concept of land, town planning and civil law as " structure ". I can only be registered in " residential building " I would like to remind you that your willful use of this “illegal category” has a significant impact on the exercise of my rights,first of all, to exercise the right of registration at the place of residence. In addition, by your initiative, you are preventing me from fulfilling my duties as a citizen of the Russian Federation in terms of registration at my place of actual residence.
   I declare to you that you do not have the right to demand that I carry out a procedure to recognize the house as residential; I do not have to prove to you that it “meets established sanitary and technical rules and regulations, and other legal requirements.”
   The issuance of construction permits is regulated by the Town Planning Code of the Russian Federation. In this case, the procedure for putting the building into operation must be carried out. The Civil Code of the Russian Federation also indicates cases when such permission is not required. Art. 51: "17. The issuance of a building permit is not required in the following cases: 1) ... construction on a plot of land provided for gardening...».
   I inform you that I did not receive a building permit, and therefore, putting the building into operation is not my case. I myself determine the name of my building (in accordance with the purpose of its construction) and what its purpose (purpose) is, which was done in the registry: “The building is a house, the purpose of the object is residential.” Do you think Companies House employees are incompetent in their field? They did not have a copy of the “Certificate” for the land plot on which the building is located? You should have entered into the Technical Passport being produced information from the Certificate of State Registration of Rights, issued on 02/01/2013, i.e. at a time when the Technical Passport was not yet ready, and not engage in amateur activities.
   I declare to you that the purpose of my house is residential, and not “non-residential”, as you think.
   It is hardly possible to recognize a premises as residential if it is not intended for permanent residence, i.e. does not have an appropriate purpose... For example, non-residential premises, previously transferred from residential premises, may remain suitable for permanent residence (when transferring an apartment to an office). However, the translatedthe premises will not be residential, since with its transfer to non-residential premises the purpose of the premises has changed. Conversely, non-residential premises recognized as residential by the court change their purpose According to the Constitutional Court of the Russian Federation (Resolution dated April 14, 2008 N 7-P ), in contrast to the previous procedure for state accounting of the housing stock, based on the criterion of the functional purpose of the building,the current system of state accounting of the housing stock, based on the new civil and housing legislation of the Russian Federation,names the actual suitability of a residential building for permanent residence as a criterion and thus does not exclude the possibility of classifying suitable residential buildings located on garden plots as individual housing stock.
   The purpose of the building is reflected in the design documentation, which is drawn up taking into account construction, sanitary, fire and other rules and regulations (Part 11 of Article 48 of the Town Planning Code of the Russian Federation dated December 29, 2004 N 190-FZ). In turn, these standards establish minimum requirements for the design of an object or such characteristics of an object that allow it to become a residential premises upon completion of construction. When putting an object into operation, a check is made to ensure that the constructed object meets the requirements of construction, sanitary and other rules and regulations (Article 55 of the Civil Code of the Russian Federation), and this, based on the definition of residential premises in Part 2 of Article 15 of the RF Housing Code, actually means establishing the suitability of the constructed object for permanent residence of citizens.
   It turns out that during design, the purpose of the object is laid down, namely, the purpose for the permanent residence of citizens, and upon completion of construction, suitability is determined, i.e., the compliance of the object with construction, sanitary and other rules and regulations is checked, or the legal possibility of using the object is checked in accordance with its purpose.
   I would like to remind you once again that I did not receive a construction permit, therefore, I do not need to check whether the constructed facility complies with the requirements of construction, sanitary and other rules and regulations (Article 55 of the Civil Code of the Russian Federation), and this, based on the definition of residential premises in terms of 2 of Article 15 of the Housing Code of the Russian Federation, actually means establishing the suitability of the constructed object for permanent residence.

   It is illogical to assign a purpose (goal) to an object during construction - “permanent residence”, and then receive a designation from the BTI - “non-residential”, isn’t it? Based on what regulations do you write that my “residential” structure (building, object, whatever you prefer) has a “non-residential” purpose? What does your lawyer do?
   
   In current regulations, along with the concept of “residential premises,” the terms “residential building” and “dwelling” are used.
   Last two do not have a clear legal formulation, however, in the context of comparison with the definition of “residential premises” and the prevailing law enforcement practices in the Russian Federation may have the following interpretations: “ Residential building"is a piece of real estate that is used and suitable for temporary residence. “Dwelling” is a piece of real estate used and suitable for both permanent and temporary residence.
   ...Temporary residence? with permanent registration allowed? Nonsense.

   With a sign of living quarters, purpose For permanent residence, a closely related category is the purpose of residential premises. So, for example, in part 1 of article 17 of the RF Housing Code the purpose of the living space is revealed through its purpose for the residence of citizens. The Civil Code of the Russian Federation contains similar provisions in paragraphs 1, 2 of Article 288: the owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with his appointment. It is determined that residential premises are intended for the residence of citizens.
   
   The use of the categories “purpose” and “designation” in legislation is typical not only for residential premises, but also for land plots. In my opinion, your lawyer mixed all the concepts together, stating that the purpose of the building (“non-residential”) is directly dependent on the purpose of the land (“agricultural land”).
   Based on the above, the following conclusions become obvious: firstly, real estate objects have a purpose, and secondly, the category “purpose” is revealed through the category of purpose.
   The current legislation of the Russian Federation, using the categories “purpose” and “purpose”, does not disclose their concepts. Under such conditions, it seems objectively necessary to consider the issue of the concepts of “purpose” and “purpose” and their relationship with each other. Due to the fact that the regulatory framework does not provide an answer to this question, it is advisable to turn to explanatory dictionaries. Thus, in the explanatory dictionary of the Russian language by S.I. Ozhegov, “purpose - target, purpose, area, scope of application of someone/something”, “purpose is what predetermined, destined for someone.” According to the explanatory dictionary of T. F. Efremova, “purpose is a goal, task, purpose,” “purpose is something that is defined, intended for someone, purpose.” As can be seen from explanatory dictionaries, purpose is determined by purpose, and purpose by purpose, which indicates their interconnectedness. The only difference between these categories is the prefix “pre-”, which indicates precedence, predetermination.

   In connection with the above, I ask you to make changes to the “Technical Passport for the building” you prepared, namely:
   should be written
   name of the real estate property - “RESIDENTIAL HOUSE”
   purpose - “RESIDENTIAL”.
   I would also like to note that in the event of your refusal to bring the information in my Technical Passport in accordance with the legislation of the Russian Federation, I will be forced to apply (with a copy of my application and your response to the original) to the FAS Moscow Region, Istra District Court, and also be forced I will write a complaint addressed to the prosecutor about your exceeding your official powers and introducing me to additional expenses for the procedure for recognizing a “residential building” as a “residential building” through the court.

2. Thanks a lot! But according to this decision, some laws have lost their force. acts, therefore people I was able to work things out in my favor. My situation is a little different: the BTI considers its interpretation of the laws correct.
   By the way, does BTI coordinate its writings with the lawyer who is on their staff? Maybe you should talk to him, and not to your superiors? But will it be possible to convince him in a one-on-one conversation that you are right?
   Do you think it will still have to go through court? ...
   The application lies, claims according to technical requirements. execution too, in the morning - at the BTI
   Another question:
   Now in the BTI in the decoding of the object ("composition of the object (building)") in the columns they write - "residential building"?
   What about the foundation, the roof?
   My building named "residential building" includes:
   residential building-183124r
   residential extension-310386r
   fence with foundation - 9350 rub.
   picket fence for met. pillars - 13974 rub.
   mesh fence met. on metal poles pipes - 3808r
   total - 520642 rub.
   This is how people start paying taxes on fences, gates, septic tanks and paths

   So what do I have at this point:
   building called "residential" structure» ,
   non-permanent (without foundation) non-residential (purpose) structure,
   hiding from the tax service the real cost of a “non-capital” building,
   addition to the total area of ​​the house (the loggia has no windows),
   addition to the cost of the house due to the cost of fences,
   appearance of extensions ( single the house was divided into parts due to the use of non-identical materials),
   inclusion of fences in the structure of the house,
   lack of roof, etc.
   This pleasure cost me 14,729 rubles...

   People, your houses also consist of fences ?

3. Registration: 02/06/13 Messages: 1,031 Thanks: 1,908

   Came from BTI. So, briefly the explanation of the head of the BTI:
   1. the building plan will be redone, but
   2. Since the materials of the external walls are different, it is designed as the main structure and the extension, otherwise it is not possible to calculate the cost. The program cannot describe every room.
   A single building is important for me, I wrote a statement like: “I ask you to consider that all the external walls of my building consist of bricks due to the imperfections of your program...”
   3. the fence is included in the structure - an order from higher authorities from Krasnogorsk, she herself understands that this is nonsense, but she can’t do anything
   4. name of the object “residential building?”, and not “residential building”, purpose “non-residential?”, inclusion of fences in the house - see a lawyer
   5. The open loggia will not be counted in the total area if I have a living space (i.e. a house)
   I submitted an application, the lawyer will give an answer within a month. Based on the answer, I will act accordingly.
   There is hope that he will be guided by the norms of the law, since he does not have superiors in the person of the Krasnogorsk BTI
   I'm waiting until the end of March

4. Registration: 02/06/13 Messages: 1,031 Thanks: 1,908

   Newly discovered circumstances: I went through the order on my question, there are serious suspicions that the BTI ISSUES TECHNICAL PASSPORTS FOR THE HOUSE ACCORDING TO INSTRUCTIONS FROM 1985, which since 1998 has given a long life.
   New statement:
   "manager...
   Statement
   I ask you to provide the service I paid for, namely: issue me a Technical Passport for the building in accordance with the instructions of Order No. 37 dated August 4, 1998“On approval of the instructions for conducting live registration. fund in the Russian Federation"
   I inform you that Minister I. A. Yuzhanov approved the “Instructions on the accounting of housing stock in the Russian Federation”, agreed with the State. Russian Federation Committee on Statistics and declared it ineffective on the territory of the Russian Federation instructions on drawing up a technical passport for a residential building ind. lived fund, approved by the Order of the Central Statistical Office of the USSR dated July 15, 1985 N 380.
   I inform you that the Instructions on conducting housing registration. fund in the Russian Federation was approved by Order of the Ministry of the Russian Federation for Land Policy, Construction and Housing and Communal Services dated August 4, 1998 N 37 and thatThe requirements of this Instruction are mandatory for all technical inventory organizations.
   I inform you that in “clause 1.1. The technical inventory unit is: household; freestanding main building, …
   clause 3.9. Technical description building carried out according to his main structural elements: foundations, walls and partitions, floors, roofs (roofs), floors, openings, finishing, internal plumbing and electrical equipment, other elements”, which was not fulfilled in the technical passport you issued.
   I inform you that “clause 6.1. Accounting affiliation of the building (structure) is carried out in the appropriate section of the technical passport based on information , incoming from justice institutions for registration of rights to real estate and transactions with him." You assert that when drawing up a Technical Passport, BTI is not obliged to be guided by documents (in this case, the Certificate of Ownership of a Residential Building) issued by the State Registration Chamber. You refused to change the entry “residential building” to “residential building”; “purpose – non-residential” to “purpose – residential”. One gets the impression that you are not competent enough to resolve the issues I have raised, have little knowledge of the regulatory framework, or do not want to understand the substance.
   I inform you that the instructions for filling out those. passports for the building (structure) are in clause 9.2. Instructions, “Technical passport for the building (structure)”. I declare that some of the information is in my tech. the passport for the building has nothing to do with such a document.I remind you that I did not order from you a Technical Passport for homeownership, which indicates the residential building and the buildings serving it and structures (in this case fences) located on a separate plot of land. I intend to obtain a Technical Passport for the building (structure). “A building is a separately constructed building, a house, consisting of one or several parts, as one whole,” is the definition from the instructions.
   I remind you once again that you divided my single structure into parts due to the different materials used in construction. You stated that your computer program does not have the ability to calculate the cost of a building made from different materials, so you arbitrarily divided my building into a structure and an extension. I had to write a statement that the building was made entirely of brick (although this is not true), because the issue of the unity of the building is fundamental to me. Please study the current instructions and the data sheet make a description of the elements of the structure based on the initial data regarding the use of materials for construction. Please do not impose on me the unnecessary service “calculation of inventory value”
   I inform you that, in accordance with the Instructions, an extension is a part of a building located outside the contour of its main external walls. auxiliary in relation to the building and having one (or more) common main wall with it. Part of my building (made of brick) is not auxiliary to the building, especially since it is in this part that all the living quarters are located, and they are the main premises of the residential building. In addition, signs of the unity of the building are “a foundation and a common wall with communication between parts, regardless of the purpose of the latter and their material” (from the Instructions)
   I inform you that the Instructions say: “ Residential building (structure) - residential building permanent type, designed for a long service life.” The Housing Code of the Russian Federation has only a legal definition of “residential building”. What are you are guided by, categorically refusing to call my residential building a “residential building”?
   Please give me an estimate, I want to know what work was done and how much I had to pay. I inform you that the determination of the cost of technical work. inventory of real estate is carried out in agreement with the customer, depending on the deadline for completing the work at Collection prices using a coefficient (more than a month - coefficient 0.8, since the deadline for completing your work, apparently, will exceed a month due to your fault). Please do not forget when calculating the estimate that in case of movement of the performer by motor transport customer, a coefficient of 0.3 is applied to the basic prices for travel given in Appendix 1. Please provide me justified calculation of the estimate for your service, taking into account the exclusion from the total cost of the services imposed by you (situational plan of the facility, linking the building to the site, composition of the household, cost calculation).
   The general tone of my statement is somewhat harsh at first glance, but there are reasons for this. Please resolve the issue with the Technical Passport for the house before I contact

On October 15, 2013, the State Duma adopted in the first reading bill No. 313087-6 "On amendments to the Federal Law of April 15, 1998 No. 66-FZ". We are talking about providing Russians with the opportunity to register at their place of residence in a residential building owned by to them on the right of ownership and located on a garden, dacha plot of land or agricultural land.

Current situation

At the moment, registration at the place of residence in a residential building located on a garden or dacha plot of land is expressly prohibited (Article 1 of the Federal Law of April 15, 1998 No. 66-FZ "").

But since many summer residents actually permanently reside at a considerable distance from their place of registration, it is very difficult for them to exercise some civil rights and obligations. For example, in accordance with Art. 3 of the Federal Law of November 26, 1996 No. 138-FZ "" the right to elect deputies of representative bodies of local government and elected officials of local government belongs to a citizen of the Russian Federation, permanent resident in the territory of the relevant municipality and who has reached 18 years of age on election day.

In addition, there is a part of the population for whom a garden or country house is their only home, so the issue of registration at the place of residence for such people is especially acute.

However, the number of people wishing to register at their place of residence in a residential building located on a garden or dacha plot of land is not that high - only 29%.

We asked site visitors whether they are ready to register at their place of residence in a residential building located on a garden or dacha plot of land, if such an opportunity is provided? The survey showed the following results:

29% of respondents are ready to register in any case. Among the arguments were the following: " By checking out of the apartment and registering in your own home, housing and communal services costs will be reduced,” “I will not depend on general communications,” etc.

Some respondents admitted that the house is their only home for a long time and the issue of registration is especially acute for them: " I have been living in a country house for five years, I have no other housing, and I cannot register in it", "Many families buy dachas within the city for permanent residence because it is very difficult to earn money for an apartment. My little daughter and I lived in the country for six years; if we had the opportunity to register, we would still live, but without registration we had difficulties with school".

22% respondents noted that they do not have property outside the city.

18% respondents are ready to register in a house located on a garden or dacha plot only if the utilities, transport and other infrastructure are improved: " Lighting, road, communications"Some survey participants draw attention to inflated energy tariffs: " Electricity is very expensive".

17% do not see the need for this, arguing that the majority still use garden and dacha plots for summer pastime, and are not ready to bear the additional costs of maintaining the house in the winter: " Our climate is cold and in winter I will still live in an apartment", "This will entail new expenses and costs for maintaining the house in winter.".

10% Users answered the question that they were basically ready, but were afraid to check out of the apartment. At the same time, one of the survey participants expressed fear that if he registers in a country house, then "his apartment could be taken away."

At the moment, the procedure for registering citizens of the Russian Federation at the place of stay and place of residence is regulated by the Law of the Russian Federation of June 25, 1993 No. 5242-I "" and the Rules for registration and deregistration of citizens of the Russian Federation from registration at the place of stay and place of residence within the Russian Federation Federation (approved).

Country house– a residential building located on a dacha plot of land.

Garden house– a residential building located on a garden plot of land.

The bill under consideration, adopted in the first reading, intends to replace the existing one in the Federal Law of April 15, 1998 No. 66-FZ " " concept of "residential building" on "individual residential building" which in turn will correspond to the terms already used in legislation, in particular in the codes of the Russian Federation, and will also remove the issue of the status of a residential building erected on a garden or dacha plot.

The requirements for residential premises and the procedure for recognizing them as residential were approved by Decree of the Government of the Russian Federation of January 28, 2006 No. 47 "" (hereinafter referred to as the Regulations).

In order for a country house or garden house to be recognized as a residential premises, it is necessary to assess its compliance with established requirements.

To initiate the procedure for assessing a residential building for suitability for permanent residence, the owner must contact the interdepartmental commission at the location of the property.

The commission is created by a federal executive body, an executive body of a constituent entity of the Russian Federation or a local government body, depending on the jurisdiction of the location of the residential building.

The commission includes representatives of executive authorities, as well as representatives of bodies authorized to conduct regional housing supervision (municipal housing control), state control and supervision in the areas of sanitary-epidemiological, fire, industrial, environmental and other safety, consumer rights protection and well-being person.

Also, the owner of the residential building or his authorized person is involved in the work of the commission, with the right of an advisory vote, and, if necessary, qualified experts from design and survey organizations, with the right of a casting vote ().

Within 30 days from the date of application from the owner of a residential building and based on an assessment of the residential building’s compliance with established requirements, the interdepartmental commission makes one of the following decisions in the form of a conclusion:

• on the compliance of the premises with the requirements for residential premises and its suitability for habitation;
• on the need and possibility of carrying out major repairs, reconstruction or redevelopment (if necessary, with a feasibility study) in order to bring the characteristics of residential premises lost during operation into compliance with the requirements established in the requirements and after their completion - on the continuation of the assessment procedure;
• about the non-compliance of the premises with the requirements for residential premises, indicating the grounds on which the premises are recognized as unsuitable for habitation.

Only after a residential building located on a dacha or garden plot of land is recognized as a residential premises, it will be possible to register in it at the place of residence.

Pitfalls of "dacha registration"

Despite the fact that registration is of a notification nature, and the absence of it cannot serve as a basis for restriction or a condition for the implementation of the rights and freedoms of citizens provided for by the laws of the Russian Federation, in practice Russians have to face a number of problems arising due to the lack of registration, for example, when obtaining a driver's license, international passport, registering children for school, receiving pensions, etc.

Undoubtedly, the bill under discussion, if approved, will in the future allow citizens to fully exercise their constitutional right to choose their place of residence. However, attention should be paid to a number of possible problems that a person who decides to register at the place of residence in a residential building located on a garden or dacha plot may encounter. Let's look at them in more detail.

Independent organization and maintenance of territorial infrastructure. The first thing worth paying attention to is the fact that the territories of garden and dacha land plots on which residential buildings are located will not be automatically classified as settlement lands if citizens register on them at their place of residence. For the transfer of land plots from one category to another, a special procedure is provided, regulated by Federal Law of December 21, 2004 No. 172-FZ "".

A petition to transfer a land plot from one category to another is sent by an interested person to the executive body of state power or local government body authorized to consider this petition. In practice, the transfer procedure is a rather complex undertaking and can take a long time - from one year or more.

Accordingly, local governments of nearby settlements will not have obligations to organize and maintain in proper condition the engineering and transport infrastructure necessary for the normal functioning of residents, in accordance with Federal Law No. 131-FZ of October 6, 2003 "". Therefore, permanent residents of garden and country houses will need to independently resolve organizational issues related, for example, to repairing and cleaning roads in winter, connecting to communication networks, connecting electricity, water supply, etc.

To consider the suitability of the premises for permanent residence, the applicant submits the following documents to the commission at the location of the residential premises: application for recognition of the premises as residential; copies of title documents for residential premises, the right to which is not registered in the Unified State Register of Rights to Real Estate and Transactions with It; in relation to non-residential premises in order to recognize it in the future as residential premises - a project for the reconstruction of non-residential premises; conclusion of a design and survey organization based on the results of an examination of the elements of enclosing and load-bearing structures of a residential premises.

Loss of social benefits, benefits and subsidies. It should also be taken into account that when changing registration at the place of residence, a citizen may lose some social benefits, subsidies or additional payments provided at the subject level (we are talking about cases if the future place of residence will be in another region). For example, in accordance with sub. "e" clause 33 of the Moscow Government Resolution No. 1268-PP dated November 17, 2009 " " in case of deregistration of a pensioner at his place of residence in Moscow the right to receive regional social benefits is lost. So, for example, as of November 15, 2013, the surcharge for non-working pensioners registered at their place of residence in the capital was set to the level of the regional social standard in the amount of 12,000 rubles (clause 3 of Moscow Government Decree dated November 1, 2011 No. 514- PP " ").

Increase in real estate taxes. Another point that should be taken into account is the possible increase in the market value of a residential building after it acquires the status of an individual residential building and the opportunity to register in it at the place of residence. Undoubtedly, on the one hand, this is a pleasant plus, but on the other, the amount of taxes that the owner of such a house will have to pay also increases. This will become especially noticeable after the upcoming changes to some other legislative acts of the Russian Federation come into effect. We are talking about introducing a single tax on real estate, the amount of which will be calculated based on the cadastral value (as close as possible to the market value), and not the inventory value of the property, as is the case now.

Permitting procedure for reconstruction and redevelopment of residential premises. After a residential building is recognized as a residential premises, all planned reconstruction and redevelopment of such premises can be carried out only after obtaining the appropriate permit (and clause 1.7 of the Rules and Standards for the Technical Operation of the Housing Stock (approved).

Fictitious registration. You should also pay attention to the possibility of “fictitious” registration at the place of residence in a residential building located on a summer cottage, as an abuse of their rights by some unscrupulous citizens. A person who registers at his main place of residence may actually not appear there throughout the entire period. This action will entail the inability to quickly find a person if necessary, which in turn will create obstacles for government agencies in bringing the above-mentioned person to justice if he commits an unlawful act. Or it will make it difficult for interested parties to compensate for the harm caused to them by such a citizen.

As an example, we can cite the situation with fines for violating the rules, which are automatically sent to the registration address at the citizen’s place of residence.

To summarize, we can say that, undoubtedly, the discussed legislative changes will bring clarity to the determination of the legal status of a residential building located on a dacha or garden plot of land. In turn, this will allow citizens in the future to avoid difficulties that arise in practice due to the lack of registration at the place of residence and to fully realize the constitutional right to freely choose their place of residence.

However, it should be remembered that, in addition to the positive aspects, registration at the place of residence in residential buildings located on dacha or garden plots also entails a number of inconveniences, which are discussed in our material.