Build a house on a garden plot legal regulations. Is it possible to build an apartment building at a summer cottage

How to build a house on summer cottage to comply with all regulations? Can my family be registered in it? The answers to these and other questions in this area on the pages of the December issue of the magazine "Lawyer is in a hurry to help" are given by the chairman of the Union of Russian Gardeners Oleg Valenchuk.

The State Duma adopted in the first reading a bill allowing Russians to register at their dachas. Developed by the Ministry of Regional Development of the Russian Federation, the document makes changes to the federal law"On horticultural, vegetable gardening and dacha non-profit associations of citizens."

Thus, the decision of the Constitutional Court of the Russian Federation was implemented, which recognized the restriction on registration established by federal law as inconsistent with the Constitution (Resolution No. 7-P of April 14, 2008). This decision arose, recall, after the appeal of two families from Krasnodar Territory, who were forbidden to register at their dachas, despite the fact that they did not have any other housing. After a series of ordeals in the instances, where they were unanimously rejected, Krasnodar residents turned to the Constitutional Court.

Registration in a garden house today is necessary for a large number of Russians who live in private houses and have no other place to register. Therefore, the opportunity to register in your own home removes the issue of limiting the right to choose a place of residence, and provides certain social guarantees. The receipt of a pension directly depends on the presence of a residence permit. Without the coveted stamp in the passport, it is difficult to find a job, to get attached to a clinic, to arrange a child in a kindergarten or school, and just to receive mail.

Converting a residential building into a home

* What is the essence of the changes?

The point is, first of all, in changing the terminology regarding the concept of a house suitable for registration. Now houses in garden and summer cottages are not considered residential premises, but belong to residential buildings. Which automatically deprives them of their status as eligible for permanent residence... In the bill, however, country houses, built according to SNi-Pam, it is proposed to use the term "individual dwelling house". It will be possible to register in a house on a garden or summer cottage, not only within the boundaries of a settlement, but also on agricultural lands. Citizens will be given the right to re-register residential buildings recognized as suitable for permanent residence as individual residential buildings. It is important to note here that, according to the authors of the document, registration in a residential building will not automatically bring rural areas into the status of settlements.

* What are the main features of an individual residential building, according to which the building acquires the status of a legal place for registration?

An individual residential building must stand alone, have no more than three floors, be suitable for year-round living and be intended for one family. In accordance with the current legislation, a residential building is understood as an individually defined building, which consists of rooms, as well as premises for auxiliary use, intended to satisfy citizens' household and other needs associated with their residence in it. The room must necessarily comply with fire safety, sanitary and hygienic, environmental and other legal requirements. So, fire safety requirements are determined by order of the Ministry of Emergency Situations of Russia dated 06/18/2003 No. 313 "On approval of the Fire safety rules in Russian Federation(PPB 01-03) ", adopted in accordance with the Federal Law of December 21, 1994 No. 69-FZ" On Fire Safety ". Sanitary and epidemiological rules and standards SanPiN 2.1.2.1002-00 "Sanitary and epidemiological requirements for residential buildings and premises "approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2000. apartment building emergency and subject to demolition or reconstruction.

The procedure for recognizing a building on a site as a residential building today can only be carried out in court. A building (garden house) can only be recognized as residential by a court as a result of an examination for compliance with the requirements of the standards for residential premises. A building in which there is no electricity and heating, as well as temporary buildings that do not have a foundation, cannot be recognized as a residential building. It makes no sense to apply to the technical inventory body to replace the technical passport issued for a garden / country house without a court decision, since the BTI does not have these powers. But already on the basis of a positive decision of the court, it is necessary to reissue the technical (cadastral) passport for the house and go to the registration authorities.

Everything is decided by SNiP

The first thing that you will hear when re-registering a house for registration is follow all SNiPs or building codes. SNiPs for the construction of a single-family residential building were introduced in 2002 by the decree of the Gosstroy of Russia dated March 22, 2001 No. 35. Particularly strict control exists for the implementation of SNiPs concerning boiler houses, the requirements of the rules for the operation of installations and the placement of premises.

In addition, it is likely that a number of other requirements will have to be met. The house should be able to live permanently. The enclosing structures must be made in accordance with building codes for thermal conductivity, there must be constant heating, as well as electricity and water supply. Most often, houses made of stone and concrete meet these requirements. In the absence of a centralized gas supply to supply gas to kitchen stoves, it is allowed to use gas-cylinder installations located outside the house. Inside the house, it is allowed to install a cylinder with a capacity of not more than 50 liters. The house must have a designated postal address. It can only be given to those buildings that are within the boundaries of the settlement. Agricultural lands do not have such an opportunity, i.e. and registration for them is problematic. The bill also resolves this situation. In addition, the postal address is obtained only for the object, the construction of which is completed. Accordingly, on a plot without a house or on construction site registration is not possible.

You built on your site good house- water, sewerage, heating and are ready to go to court to recognize the building as a residential building. But now a problem may lie in wait for you - land plot, on which this building stands, may not meet the requirements for the construction of a residential building on it.

As a rule, summer cottages are located in garden plots, summer cottages or plots for gardening. And for each of these sites its own building rules, which were established by the Federal Law "On horticultural, vegetable gardening and dacha non-profit associations of citizens." So on the lands intended for gardening, the construction of capital structures is prohibited. Accordingly, it will not be possible to register on the garden plots. It will be possible to register only with the owners of garden and summer cottages located on agricultural lands and lands of settlements, but in no way on garden plots. And another very important point - the property right must be registered for the land plot, and it must be registered in the cadastral register.

An individual residential building must stand alone, have no more than three floors, be suitable for year-round living and be intended for one family.

"On the adoption and implementation of SNiP" Single-family residential houses "

General Provisions

4.3. The composition of the premises of the house, their size and functional relationship, as well as the composition of the engineering equipment are determined by the developer. The home should provide facilities for rest, sleep, hygiene, cooking and eating, and other activities normally carried out in the home.

4.4. The house should include at least the following composition of premises: living room (s), kitchen (kitchen-niche) or kitchen-dining room, bathroom or shower, restroom, pantry or built-in wardrobes; in the absence of centralized heating - a room for a heating unit.

The house should be provided with heating, ventilation, water supply, sewerage, electricity and radio broadcasting.

The areas of the premises of the house are determined taking into account the arrangement of the necessary set of furniture and equipment and must be at least: total living room - 12 m2; bedrooms - 8 m2 (when placed in the attic - 7 m2); kitchens - 6 m2.

The width of the premises should be at least: kitchen and kitchen area in the kitchen-dining room - 1.7 m, front - 1.4 m, inner corridors - 0.85 m, bathroom - 1.5 m, restroom - 0.8 m. The depth of the restroom must be at least 1.2 m when opening the door to the outside and at least 1.5 m when opening the door inward.

4.5. The height (from floor to ceiling) of living rooms and kitchens in climatic regions IA, IB, IG, ID and IIA (according to SNiP 23-01) must be at least 2.7 m, in the rest - at least 2.5 m. Height living rooms, kitchens and other premises located in the attic, and, if necessary, in other cases determined by the developer, it is allowed to take at least 2.3 m.In the corridors and when installing mezzanines, the height of the premises can be taken at least 2.1 m.

4.6. When designing and building a house, conditions must be provided for people with limited mobility, and, if necessary, for people with disabilities who use wheelchairs. For this purpose, the necessary dimensions of the path on the site and ramps, as well as the corresponding dimensions of doors, vestibules, corridors and kitchens, toilets and bathrooms, should be provided.

4.7. At the request of the developer, as part of the documentation for the house, a heat and power passport and instructions for operating the house must be submitted.

The thermal energy passport is intended to establish the thermal energy characteristics of the thermal protection of a house and its energy consumption. It is drawn up in the manner and in the form established in the current regulatory documents, taking into account the provisions of Section 9 of these rules and regulations. The passport indicates the energy efficiency category of the house. The heat energy passport is not intended for payments for utilities and other services provided to the owner of the house.

The instruction manual for the house should contain the data necessary for the owner of the house to ensure safety during operation, including information about the main structures and engineering systems, layouts of hidden frame elements, hidden wiring and utility networks, as well as the limit values of loads on the elements of house structures and on his power grid. These data can be presented in the form of copies of executive documentation.

4.8. The rules for calculating the areas of premises, determining the volume and number of storeys of a house are taken according to SNiP 2.08.01.

Fire safety

6.1. Single-family residential buildings belong to class F 1.4 of functional fire hazard according to SNiP 21-01. In this regard, during the design and construction of houses, the measures established by these standards should be provided for to prevent the occurrence of a fire, ensure the possibility of timely evacuation of people from the house to the adjacent territory, prevent the spread of fire to neighboring buildings and residential blocks, as well as ensure access for firefighters subdivisions to the house for carrying out measures to extinguish the fire and rescue people. This takes into account the possibility of a fire inside any room and its exit to the surface of the house.

6.2. Fire protection distances between houses, as well as other structures must comply with the requirements of SNiP 2.07.01.

Adjacent residential blocks should be separated by blank fire walls with a fire resistance rating of at least REI 45 and a fire hazard class of at least K1. Blocked houses of constructive fire hazard classes C2 and C3 must additionally be separated by solid fire walls of the 1st type according to SNiP 21-01 with a fire resistance limit of at least REI 150 and a fire hazard class of at least K0 for fire compartments with a floor area of no more than 600 m2, including one or more residential blocks.

6.3. For houses with a height of up to two floors, no requirements are imposed on the degree of fire resistance and class of constructive fire hazard.

Heating and gas

6.15. Heat generators, including stoves and fireplaces for solid fuel, hobs and chimneys must be made with the implementation of constructive measures to ensure fire safety houses in accordance with the requirements of SNiP 41-01. The pantry of solid fuel is allowed to be located in the first, basement floor or in the basement of the house.

6.16. Gas fireplaces must be prefabricated. Combustion products must be evacuated to the chimney.

Water and sewerage

8.11. Home supply drinking water should be provided from the centralized water supply network of the settlement.

It is allowed to provide for individual and collective sources of water supply from underground aquifers or from reservoirs based on the daily consumption of household drinking water of at least 60 liters per person. In areas with limited water resources, the estimated daily water consumption is allowed to be reduced in agreement with the local authorities of the Ministry of Health of Russia. The quality of drinking water must comply with the hygienic standards approved by the Ministry of Health of Russia.

8.12. To remove wastewater, a sewerage system should be provided - centralized, local or individual, including a cesspool, absorbing or with sanitary individual biological treatment.

What is the difference between a garden plot and a plot of land that is allocated for building a house? All the difference is in purpose. Firstly, it should be noted that the garden plot is classified as agricultural land. What does it mean? This suggests that on these lands it is possible to grow, so to speak, cultivated plants, which include vegetables, berries, fruits, flowers, and so on. And here it does not matter whether it will be a vegetable garden, a garden or melon.

House on the site

But the land plot is intended for construction country house and living in it. Usually, and this is confirmed by law, land plots for the construction of a house are allocated in areas designated for these purposes, which are allocated specifically for suburban construction... Of course, one cannot say that it is forbidden to build a house on a garden plot. Not at all, the legislation does not say anything about it.

Please build a house, outbuildings, but keep in mind that the garden plot usually has only six acres, that is, it is a completely small area. Therefore, it is wrong to deploy a huge building in the form of a stone castle on it. How many cases of disrespect for neighbors in the garden can be seen and heard in the media.

Build huge multi-storey building it is possible, this is not a problem today, but with this action you begin to disturb your neighbors. Someone obstructs this house from the view of the forest, someone has one shadow on the site from the house, so that nothing grows on the ground. That is, the conflict is outlined immediately after the foundation is erected. It's just that its size will accurately show the intentions of the owner of the garden.

Today, one more problem has arisen that worries the authorities. Migrants from the republics of the post-Soviet space began to buy up cheap garden plots, build houses on them and demand registration, at least temporarily. It seems that there is nothing illegal here, but this immediately affected other procedures that migrants must go through. And already today, legislators are considering a draft law, which will strictly stipulate whether it is possible to build a house on a garden plot.

Log house on a garden plot

House of sandwich panels

But while there is no such prohibition, then it is worth paying attention to the type of houses that can be built on a garden plot, so that you can live calmly and comfortably yourself and not interfere with your neighbors. So let's start with what is best for gardening the plot is suitable house made of logs. To build it today is not a problem, as they say, there would be money. This is probably one of the simplest and cheapest types of houses, featuring a magnificent appearance, which is in perfect harmony with the landscape of the garden area.

You can live in such a house not only in the summer season, when you need to work in the garden or vegetable garden. This house can handle frost just as well. The main thing is to correctly approach the production of thermal insulation and a home heating system. Yes, yes, these two indicators will affect whether it is possible to live comfortably in such a house in winter. As practice has shown, this is not a problem at all.

In addition, it should be noted that log house can be quickly and easily heated in winter. To do this, do not fence an intricate heating system. Here, for example, you can get by with the installation of a conventional stove that runs on wood. Simple, high quality, reliable and economical. What else do you need in a house on a garden plot? Of course, you can equip such a house with all the benefits of civilization, but is it worth it. After all, you come here just to relax, get away from city life and bustle, enjoy nature.

Building a house from logs is a complex technological process that includes several stages. It is quite difficult to build such a house, but you can do it with your own hands if the saving indicator is put at the forefront. True, other options are currently being offered for the construction of a log house. For example, a house made of rounded logs or planed logs. The construction of such a house is many times easier, because this material has ideal cross-sectional shapes.

But there is a small minus in this type of houses - it is a constant need for their facade processing. That is, the facade of a log house must be constantly treated with protective solutions or paints. This is done in order to protect the wooden surface from the harmful effects of atmospheric precipitation and microorganisms.

Timber house on a garden plot

Returning to the question, what kind of houses can be built on a garden plot? If you answer that a log house, then this will be the ideal option. The second question immediately arises, why? First, if you compare wooden beam and a log, the first is cheaper than the second. And this is an important indicator for today. Secondly, the timber has a standard rectangular shape, which makes building a house from this material quite simple and easy process.

It should be noted that the modern building materials market today offers a new type of timber, which is called profiled timber. Its differences lie in the fact that in its design it already has ready-made fasteners such as a mounting groove and a ledge. This greatly facilitates the installation works and reduces construction time.

But that's not all. Currently, the so-called glued laminated timber is becoming more and more popular when building a house on a garden plot.

This material is also natural, but only it is made from well-dried layers of wood, which are glued together using strict technology. This is an amazing building material that does not shrink over time, does not warp and, most importantly, does not rot and does not change its qualities under the influence of precipitation.

This suggests that the facade of a house made of laminated veneer lumber does not have to be treated with protective solutions.

Brick house on a garden plot

It will not be possible to build a monumental building on six acres. But to build a small brick house Maybe. Of all the houses of suburban construction, this house is considered the most reliable, strong and durable, but also the most expensive. But if you think that your home is your fortress, then it is worth paying well for it. In addition, the brick house has a respectable appearance, but it is also worth noting the high rates

Fire safety;
Moisture resistance;
Frost resistance;
Environmental friendliness.

True, a strong foundation will have to be built under such a house. In addition, it is better to live in such a house all the time, especially in winter. If it is not constantly heated, it will simply become damp and start to fall apart.

Concrete house on a garden plot

The construction of such a house is distinguished by the speed of construction and the cheapness of materials when compared with brick. More recently, in the construction of a house, cinder blocks were used, which had a large weight and a high coefficient of thermal conductivity.

Therefore, a powerful foundation was usually poured under them and thermal insulation work was carried out, insulating the wall surfaces, which was reflected in the cost of such a house. Currently, with the advent of blocks made of modified concrete, and this is aerated concrete, which is divided into foam concrete and aerated concrete, much in suburban construction has changed.

Firstly, foam blocks and gas blocks are lightweight, which has a positive effect on pouring the foundation under the house. The savings turned out to be quite large. Secondly, this type of building material lends itself well to processing, this has become a good opportunity to fit each block to the size, which makes the construction of a house optimal. Thirdly, this material has a low coefficient of thermal conductivity, that is, aerated concrete houses can be classified as warm houses.

But, like all building materials, modified concrete blocks also have disadvantages. One of the biggest is the high hygroscopicity of this material, that is, it absorbs moisture well. Therefore, the exterior decoration of a home made of aerated concrete is a simple necessity.

Frame house for a garden plot

Garden plot project

This type of house could be seen in almost all garden plots of past years. It was the simplest structure, lightweight and economical. It is still encountered quite often today, especially during the construction of outbuildings. Currently frame construction is used very often, but it should be noted that it has been greatly modified.

Modern technologies and new Construction Materials changed the structure of the building, but its essence remained the same, that is, the basis of the house is still the same frame. Today, many architects offer construction technologies frame houses on various technologies.

Their names correspond to the names of the countries from where they came to us. For example, Canadian technology or Scandinavian. In these countries, these types of houses have been used for a long time, a lot of experience in construction has been accumulated, and the appearance of new building materials only raised the quality of the building.

The technology is practically the same. This is the installation of vertical posts and strapping them from below and from above. To do this, you can use a wooden beam, double boards, metal racks. After that, the frame is sheathed on both sides with flat material, and between the sheathing is laid thermal insulation material... Technology is as simple as our mortal world.

Question: Is it possible to build a capital house on a summer cottage for permanent residence and with further registration of registration in it? What is required from the developer for this?

Answer: There are many situations to resolve such a problem and all of them must end in court, for good our officials do not solve this issue or simply do not want to solve it.

Before building a capital structure on a summer cottage, clarify for yourself some points: where is your site located - within the land of the settlement or is it an independent partnership, what documents do you have on the land and what is written there about its purpose. If the charter of the partnership says "without the right to erect capital buildings" then do not even think about starting a business with a residence permit and the house may be recognized as an unauthorized structure and force you to demolish it. If nothing of the kind is written, you can safely build. Build faster as the "dacha amnesty" has been extended until 2015 - a simplified registration of property objects.

For registration in your house, it must meet the following requirements:

The house must be capital, on a foundation, with load-bearing walls and meet the requirement of building codes and regulations;

TO residential building all engineering communications necessary for living must be connected. Especially drinking water, so it must meet the requirements of SaniPin, if it is a well or a well, you must have a SES conclusion on the suitability of using water as drinking water and not as technical. Wastewater treatment must be equipped with at least two-level septic tank or biological water treatment plant. The heating of the house must also comply with the requirements of SanPin and SNiP for residential premises. Thus, YOU will have to prove in court with documents that your house is a residential building.

Your capital house must be located on the territory settlements, this is a necessary requirement for registration, you need your exact address. The same condition is spelled out by the decision of the Constitutional Court of the Russian Federation.

After the house is built and recognized as a residential one, proceed with registration, go to the FMS service and submit an application for your registration in a new house. Attach documents to the application confirming the ownership of the land plot, the house, the registration certificate for the house with the BTI, the service begins to register you with a new address.

Only those who have no other housing other than this house will be able to register in the new house, if by this time there was a registration in another place, you must leave from there.

Unfortunately, today it is possible to obtain a residence permit only through the judicial authorities. Collect documents for your real estate and apply to the court with a statement "On establishing a legal fact" on the basis of Chapter 28 of the Code of Civil Procedure of the Russian Federation. In the application, ask the court to declare your house suitable for year-round living, the court will appoint construction expertise your home to establish the fact. With the court's decision and the list of the above documents, you are already applying to the FAS for registration. Good luck.