Legalize a private house through the court. Norms and rules for real estate development and registration

The owner of a country plot who is planning to build a house on it today has two options open to him. You can start by obtaining a building permit or build without approvals, relying on the law on dacha amnesty. Not yet current law allows you to recognize an unauthorized building as property if you collect documents that confirm the right of its owner to the land and the fact of building a house on it.

To wait or not to wait

So, the plot has been purchased, the ownership of it has been registered in accordance with all the requirements of the law, but before digging a pit and calling companies in search of building materials, you need to obtain another permit - in fact, for the development of the plot. And even before that, collect a lot of papers from the approving authorities. The appearance of a house on the site must be approved by the “Center for Hygiene and Epidemiology” (formerly SES) and firefighters, energy workers and Vodokanal, and professionals will prepare a project for it. This method is slow and difficult. Provided that a lawyer helps the owner in collecting documents, he will have to wait at least a year for the start of construction; if the land owner intends to seek permission on his own, the process can take two. But there is another way out.

Knowing full well how long it may take to obtain a permit, some land owners begin construction even before collecting all the documents. Then a building that appears on the site, for the construction of which no consent has been received, will need to be legalized administratively, without the participation of the court. Until the law recognizes its existence, the construction is considered unauthorized. According to the law, it does not exist and, therefore, cannot be property. This means that all operations that are usually carried out with property are impossible for it. Simply without changing the status of the house, it will not be possible to sell, donate, or rent it out until the documents are drawn up in the manner prescribed by law.

Previously, in this case, the house would first have to be completed, then put into operation, and only after that would it be necessary to seek recognition of the fact of its existence by law. Today, even if the owner does not have enough funds to build a cottage right away and its completion is postponed until better times, the building can be registered according to the law. Even a plinth on the site is enough to start collecting documents to give the building legal status. The life of the owners of cottages built without permission has been made much easier the federal law No. 93 “On amendments to certain legislative acts Russian Federation on the issue of registration in a simplified manner of citizens’ rights to certain objects real estate”, which is often called the “dacha amnesty” law.

“If the unauthorized construction is an individual residential, country or garden house, standing on a site, the ownership or lease of which is properly registered by the owner “developer,” then legalizing such a building is quite simple,” says the company’s lawyer “ Arevera-Real Estate“Valentina Dalchenko. “Now, for this, you do not need to seek permission from the fire inspection authorities or the sanitary service, nor do you need to apply for approval from the architecture department and other authorities. It is enough to receive a single document - cadastral passport for the house, confirming the fact of its construction and permission to assign a postal address. After which the ownership of the house can be registered. Things are different if the building was erected without registration of rights to the site. The owner of such a building may be left without real estate.”

Before the simplified procedure law came into force, ownership of unauthorized construction was recognized only through the court. Moreover, it was possible to obtain rights to the land plot itself by simply building a house on it. Of course, provided that the city had no other plans for this land. Gone are those days.

Registering property is even easier

If before 2006, registration of illegally built real estate took place only through the court, now the issue of transferring ownership can be resolved administratively, simply by collecting Required documents and obtaining the consent of the responsible authorities. But the simplified procedure only applies if the person who built the house on the site has documents that confirm his rights to the land. Evidence of this right will be a certificate of ownership or a lease agreement, which indicates the purpose of the land plot.

So to make the house from unauthorized construction has become legal possession, the owner must have the title documents for the land in his hands - a cadastral passport of the land plot, a title document for the land plot (purchase and sale agreement, donation agreement, certificate of inheritance, etc.), certificate of registration of ownership. And for the tenant, this will be a lease agreement for the land plot, a cadastral passport of the land plot and the act on the basis of which the lease agreement was concluded. Having these papers, the owner of the land has the right to order a cadastral passport for the house, receive from the architecture department of the city or district where the building is located a certificate of assignment of an address, and with these documents go to the Registration Chamber to register ownership.

Administrative recognition of ownership of a building will require the owner to spend 10 thousand rubles and wait two months. This includes the cost of producing a cadastral passport. It only remains to add that this simplified procedure for obtaining ownership of an unauthorized building will be valid until March 1, 2010, when the law ends. Whether it will be extended and how the legalization of buildings will take place after 2010, no one can say now. Therefore, those who plan to legalize the construction in accordance with the regulations that are still in force are required to build quickly.

If we are dealing with a completed cottage, the resulting cadastral passport will indicate a residential or country house (which depends on the purpose of the site). If this is an unfinished construction project, a cadastral passport is also issued for it and a building permit is obtained. Despite the fact that, in a simplified manner, an unauthorized construction is recognized as property, regardless of whether the site itself is owned by the owner or leased, it is still desirable that the land be owned by the owner, belong to him by the right of perpetual permanent use or lifelong inheritable possession.

Attention: rental!

There are no obstacles to the legal recognition of an unauthorized building that stands on a leased plot, provided that its owner has all the necessary documents for it. A house built without prior permission will be recognized as property in any case; problems may arise during the subsequent transfer of ownership of the land on which it stands. The fact is that recognition of unauthorized construction on a site does not require representatives of regulatory organizations to visit the site. No one came to check to what extent the standards were observed during the construction of the house.

But if the owner of the house now wants to secure ownership of the land he leases, the fulfillment of this desire will depend on how the house was built. For example, during an inspection (which is mandatory for this), it will be discovered, for example, that construction has gone beyond the boundaries of the site, and as a result there are affected neighbors whose properties have lost in size. Naturally, it is no longer possible to correct a mistake made when the house is already standing. Of course, no one will force such a house to be demolished, but they will not secure ownership of the land either.

“The land lease can be extended indefinitely,” explains Valentina Dalchenko. — If there is a need to transfer the plot to another owner, this can be done with the consent of the Department of Municipal Property and Land Relations. But in this case, the right to lease will be assigned, as long as there is a cottage on the site built in violation of the norm, they will not be allowed to transfer the land into ownership. Therefore, if you are going to build a house on plot of land provided for construction, having the right to lease it, it is safer to take the long route and obtain a preliminary construction permit. Develop a project that meets urban planning norms and rules, and only after that begin construction. Then it will be possible to avoid problems with the purchase of the site in the future.”

Attach as you wish

In addition to a cottage, the law classifies as unauthorized buildings any residential building and other structure created on a plot of land that is not allocated for these purposes by law or other legal acts. This also includes any buildings created without prior permits or during the construction of which urban planning norms and rules were violated.

For example, a house on the site already stands and is owned, but its owner wanted to expand the living space, which he does by adding another room to the house. If the construction has not been pre-approved, any changes that increase the area of the house will be considered unauthorized construction.

In this case, its recognition does not come down to a simple collection of documents; the owner will have to prove in court that changing the area of the house or adding an extension does not violate the rights and interests of other persons and does not pose a threat to their life and health.
In a situation where it is necessary to legalize an unauthorized extension, no one will give the owners confidence in a positive outcome of the matter. The right to unauthorized construction may just as well not be recognized. For example, if the approving authorities find out that the building violates some of the current norms or affects someone’s interests, for example, creates a threat to the life or health of neighbors, then they will refuse to recognize it as property, and the building itself will be forced to demolish.

In addition to the fact that the result of such a process represents complete uncertainty, the owner will also have to face significant expenses. Not counting the costs of obtaining approvals from the sanitary and epidemiological service, firefighters, Vodokanal, power engineers, architects, each of which will amount to approximately 15 thousand rubles, he will have to pay for the services of lawyers, which will almost certainly exceed this amount. In this situation, it turns out to be cheaper to collect all preliminary permits than to later seek recognition of unauthorized construction through the court. Valentina Dalchenko advises those who intend to add additional living space to their house to act established by law ok.

First, obtain permission to reconstruct the house, then, to develop the project, involve a design organization with a license, which must determine the materials for future construction. She also decides how the building will be supplied with electricity and water. The next stage is obtaining approvals from supervisory authorities. The city architecture department must give its permission for construction. And only after this, a licensed construction organization carries out work on the site, which ends with an inspection by supervisory authorities. If inconsistencies are found during the inspectors' inspection, they will have to be corrected. And only as soon as everything is found to meet the standards, the owner receives a positive conclusion and a commissioning certificate. You can move on to the last stage - registering ownership of the extension at the Companies House.

Tatiana Krupko

In order to register a completed house through the court, you will need to provide a package of documents. It includes: refusal to issue a building permit, refusal to put the house into operation, refusal to register in a simplified manner, confirmation that the house is located within the boundaries of the site, conclusion of the necessary departments about the absence of violations of sanitary, fire, construction and design standards and regulations. The conclusion is that the house does not pose a threat to the health and life of people. You can obtain all conclusions from the design organization, which has an SRO (self-regulatory organization) certificate. If the house is built on a dacha or garden plot, then it does not need to be registered in the cadastral register. In this case, you simply fill out a declaration, information for which can be taken from the project documentation. If the house is built on a site for private household plots or individual housing construction, then for registration you will need a cadastral passport. In this case, you will need to start registering the house with cadastral registration of the house itself.

The person will need to provide:

refusal of local authorities to issue a building permit and put the house into operation;
Rosreestr's refusal to register an unfinished construction project under a simplified procedure;
proof that the building is located within the boundaries of the land plot;
conclusions of the relevant departments about the absence of violations of fire, sanitary, design and construction standards and regulations, as well as a conclusion that the house does not pose a threat to the life and health of people. Moreover, you can obtain all conclusions related to construction from any design organization that has an SRO (self-regulatory organization) certificate.

The procedure for registering ownership of a house

For state registration rights to the house, the property must undergo technical (cadastral) registration. To do this, you should look at what type of permitted use is indicated in the documents for the land plot.

If the house is built on a garden or summer cottage, then in order to register ownership, the house does not need to be registered in the cadastral register. In this case, instead of a cadastral passport, you fill out a declaration, information for which can be taken from the project.

If you have built a house on a plot intended for running a personal subsidiary plot (LPH) with the right to build a house or for individual housing construction (IHC), then to register ownership you will need to provide a cadastral passport of the house. In this case, you need to start by registering the house with the cadastral register.

Documents for registering ownership of a house

You must provide:

the right establishing document for the land plot;
a document confirming the fact of the creation of the house and containing its description.
statement;
document confirming payment of state duty;
passport (if necessary, power of attorney for the applicant).