Commissioning of a building construction project. How to commission an individual residential building

Until March 1, 2018, permission to enter an individual property is not required. housing construction into operation, as well as the provision of this permit for carrying out technical accounting (inventory) of such an object, including for the registration and issuance of a technical passport of such an object.

Where should I go to register ownership of a property and what documents need to be submitted?

According to Federal law dated June 30, 2006 No. 93-FZ “On amendments to certain legislative acts Russian Federation“on the issue of registration in a simplified manner of citizens’ rights to individual real estate objects” to register ownership of a completed individual residential building, you should contact the body that carries out state registration of rights to real estate and transactions with it.

Citizens must submit the following documents: title document for land plot, on which the object is located real estate; a document confirming the fact of creation of a real estate object and containing its description ( cadastral passport property, technical passport). After March 1, 2018 State registration by citizens of individual residential buildings will be carried out only after citizens receive, in accordance with the established procedure, permission to put these objects into operation. At the same time, permits for commissioning, in accordance with the requirements of the current town planning legislation, will be issued exclusively for those objects, the construction of which was carried out on the basis and in strict accordance with the issued permits.

What happens if the constructed facility does not comply with the necessary legal requirements?

If the constructed facility does not comply with the requirements urban plan land plot or the requirements established in the construction permit, the developer will be denied permission to put such a facility into operation. In this case, the constructed facility, in accordance with Article 222 of the Civil Code of the Russian Federation, will be qualified as unauthorized construction, which subject to demolition the person who carried out its construction, or at his expense.

In accordance with Part 5 of Article 9.5 of the Code of the Russian Federation on Administrative Offences, the operation of the facility capital construction without permission to put it into operation entails imposition administrative fine. Thus, if it is revealed that citizens are using individual residential buildings without permission to put them into operation or unregistered with the Federal Service Administration state registration, cadastre and cartography, such citizens may be brought to administrative responsibility in the prescribed manner.

At what stage of home readiness should a citizen start thinking about completing the necessary documents?

Often, developers of individual housing believe that a residential building need not be put into operation until all Finishing work(wallpaper is hung, tiles are laid, curtains are hung, etc.). These assumptions are incorrect. The main criteria for determining readiness for commissioning individual housing construction objects owned by citizens on the right of private property are the presence of a simultaneously closed thermal circuit of the structure: glazed windows, doors, subfloors, roofs. It is also important to remember that citizens living in a house that has not been put into operation cannot count on state and regional social support measures provided for by law. For example, in this case they will not be able to receive subsidies for utility bills, will not have the right to register in this house, etc.

Hurry up to legalize your house using a simplified scheme, only until 03/01/2018!

Have you finally built or are you just about to build your dream home? It's time to think about how to legitimize such a building, because only until March 1, 2018 There is a simplified procedure for putting residential buildings into operation and their state registration (dacha amnesty). Minimum documents, minimum costs - this is exactly the case when paperwork reduced to a minimum!

Dacha amnesty is the name of the law in everyday life. In fact, the law is called “On Amendments to Certain Legislative Acts of the Russian Federation on the Issue of Registration in a Simplified Procedure of Citizens’ Rights to Certain Real Estate Objects” dated June 30, 2006 No. 93-FZ.

It significantly simplifies the procedure for registering real estate and allows citizens to receive the coveted certificate of ownership without unnecessary red tape. In particular, it is not required to obtain permission to put an individual housing construction project into operation, nor to submit this permission to carry out technical accounting (inventory) of such a project, including for the registration and issuance of a technical passport of such a project.

To register ownership of a completed individual residential building, you should contact the body that carries out state registration of rights to real estate and transactions with it - the Office of the Federal Service for State Registration, Cadastre and Cartography for Stavropol region by providing: a title document for the land plot on which the real estate property is located; a document confirming the fact of creation of a real estate object and containing its description (cadastral passport of the real estate object, technical passport).

After March 1, 2018, state registration by citizens of individual residential buildings will be carried out only after citizens receive, in the prescribed manner, permission to put these objects into operation. At the same time, permits for commissioning, in accordance with the requirements of the current urban planning legislation, will be issued exclusively for those objects, the construction of which was carried out on the basis of and in strict accordance with the issued permits. If the constructed facility does not comply with the requirements of the urban planning plan of the land plot or the requirements established in the construction permit, the developer will be denied permission to put such a facility into operation. In this case, the constructed object, in accordance with Article 222 of the Civil Code of the Russian Federation, will be qualified as an unauthorized structure, which is subject to demolition by the person who carried out its construction, or at his expense.

In accordance with Part 5 of Article 9.5 of the Code of the Russian Federation on Administrative Offenses, the operation of a capital construction facility without permission to put it into operation entails the imposition of an administrative fine. Thus, if it is revealed that citizens are using individual residential buildings without permission to put them into operation or unregistered with the Office of the Federal Service for State Registration, Cadastre and Cartography for the Stavropol Territory, such citizens will be brought to administrative responsibility in the prescribed manner.

We also warn developers of individual residential buildings about the possibility of disconnecting uncommissioned individual housing construction projects from utilities. In accordance with the requirement of paragraph 11 of the “Rules for connecting a capital construction project to engineering and technical support networks”, approved by Decree of the Government of the Russian Federation dated February 13, 2006 No. 83, the customer must obtain permission to commission a residential building before the supply of energy resources begins.

It is also important to remember that citizens living in a house that has not been put into operation cannot count on social support measures from the state or region. For example, they will not be able to receive subsidies to pay for utilities, and they will not have the right to register in this house.

You have a unique opportunity to register residential buildings using a simplified procedure with minimal material costs, but remember you cannot hesitate, documents must be submitted to the registration authority before March 1, 2018!

Our agency’s highly qualified lawyers, who have extensive experience in this area of ​​law, will be happy to provide you with this service.

P.S. Helpful information for owners of summer cottages in a gardening partnership

So, once upon a time, a long time ago, you purchased a plot of land in a partnership. In your hands you have a certificate of a member of the partnership, and you calmly continue to plant potatoes, not remembering the law on dacha amnesty. But it's worth worrying about. In fact, the certificate that you carry in your breast pocket only makes you a member of this partnership, but does not “give” you any rights to the land. Worried? And rightly so. Let's formalize your rights to this land and continue planting potatoes!

The first thing you need to do is privatize the land. To do this, we submit the following package of documents to the local government authority at the location of the site:

• statement;
• independent description of the location and area of ​​the site;
• a certificate from the board of the partnership, which confirms all the information submitted by the applicant.

If you are the first member of the partnership to apply for registration of your plot, then the local government has the right to request from the partnership the constituent documents and title documents for the plots. But, despite this, the maximum period during which documents are reviewed should not exceed 14 days.

After this, we submit documents to the territorial bodies of Rosreestr for state registration.

Please note that members of gardening, gardening and dacha partnerships and cooperatives can register ownership of a plot of land by submitting documents to the local authority before December 31, 2020.