Which country house is suitable for registration?
How to build a house on a summer cottage so that it meets all standards? Can I register my family in it? The answers to these and other questions in this area on the pages of the December issue of the magazine “Lawyer to the Rescue” are given by the Chairman of the Union of Gardeners of Russia Oleg Valenchuk.
At the end of the year, 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 amends the Federal Law “On horticultural, market gardening and dacha non-profit associations of citizens.”Thus, the solution has been implemented Constitutional Court of the Russian Federation, 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, we recall, after an appeal from two families from the Krasnodar Territory, who were prohibited from registering at their dachas, despite the fact that they had no other housing. After a series of ordeals through the authorities, where they were unanimously refused, the 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 for registration. Therefore, the opportunity to register in your own home removes the issue of restricting the right to choose a place of residence and provides certain social guarantees. Receipt of a pension directly depends on the presence of registration. Without the coveted stamp in your passport, it is difficult to find a job, register at a clinic, enroll your child in kindergarten or school, or simply receive mail.
Converting a residential building into a house. What is the essence of the changes?
The point, first of all, is a change in terminology regarding the concept of a house suitable for registration. Nowadays, houses on garden and dacha plots are not considered residential premises, but belong to residential buildings. Which automatically deprives them of their status as suitable for permanent residence. The bill proposes to apply the term “individual residential house” to country houses built according to SNi-Pam. It will be possible to register in a house on a garden or summer cottage not only within the boundaries of a populated area, 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 to the status of populated areas.
An important question arises: 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 be freestanding, have no more than three floors, be suitable for year-round living, and be intended for one family. In accordance with 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 related to their residence in it. The premises must meet the requirements fire safety, sanitary, hygienic, environmental and other legal requirements. Thus, fire safety requirements are determined by Order of the Ministry of Emergency Situations of Russia dated June 18, 2003 No. 313 “On approval of 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” were approved by the Chief State Sanitary Doctor of the Russian Federation on December 15, 2000. Recognition of premises as residential is regulated, in addition, by Decree of the Government of the Russian Federation dated January 28, 2006 No. 47, which approved the Regulations on recognizing premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction.
The procedure for recognizing a building on a site as a residential building can currently only be carried out in court. Only a court can recognize a building (garden house) as residential as a result of conducting an examination for compliance with the requirements of the standards for residential premises. A building that does not have electricity or heating, as well as temporary buildings that do not have a foundation, cannot be recognized as a residential building. It makes no sense to contact the technical inventory authority to replace a 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 positive decision the court should re-issue a technical (cadastral) passport for the house and go to the registration authorities.
SNiP decides everything
The first thing you will hear when re-registering a house is to comply with all SNiPs or building codes and regulations. SNiPs for the construction of a single-apartment residential building were introduced in 2002 by Decree of the State Construction Committee of Russia dated March 22, 2001 No. 35. Particularly strict control exists for the implementation of SNiPs relating to boiler houses, the requirements of the operating rules of installations and the placement of premises.
In addition, there is a high probability that you will have to comply with a number of other requirements. The house must have the possibility of permanent residence. Enclosing structures must be made in accordance with building standards for thermal conductivity, there must be constant heating, as well as electricity and water supply. Most often, houses made of stone and concrete fully meet these requirements. In the absence of a centralized gas supply, gas-cylinder installations located outside the home are allowed to supply gas to kitchen stoves. Inside the house it is allowed to install a cylinder with a capacity of no more than 50 liters. The home must have a identifiable mailing address. It can only be given to those buildings that are located within the boundaries of a populated area. Agricultural lands do not have such an opportunity, i.e. and registration for them is problematic. The bill resolves this situation as well. In addition, a postal address is obtained only for a facility whose construction has been completed. Accordingly, registration is impossible on a plot without a house or on a construction site.
You built on your site nice house- water, sewerage, heating and are ready to go to court to have the building recognized as a residential building. But now a problem may await you - the land plot on which this building stands may not meet the requirements for building a residential building on it.
As a rule, dachas are located on garden plots, dacha plots or plots for vegetable gardening. And each of these sites has its own development rules, which were established by the Federal Law “On Gardening, Vegetable Gardening and Dacha Non-Profit Associations of Citizens.” So, on lands intended for vegetable gardening, the construction of permanent structures is prohibited. Accordingly, it will not be possible to register on garden plots. Only owners of garden and dacha plots located on agricultural lands and settlement lands will have the opportunity to register, but not on garden plots. And another very important point - ownership of the land must be registered, and it must be registered in the cadastral register.
An individual residential building must be freestanding, have no more than three floors, be suitable for year-round living, and be intended for one family.
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| Typical country house on six hundred square meters |
General provisions
4.3. The composition of the premises of the house, their sizes and functional relationships, as well as the composition of engineering equipment are determined by the developer. The house must provide conditions for rest, sleep, hygiene procedures, preparing and eating food, as well as for other activities usually carried out in the home.
4.4. The house must include at least the following premises: living room(s), kitchen (kitchen niche) or kitchen-dining room, bathroom or shower room, toilet, pantry or built-in wardrobes; in the absence of centralized heat supply - a room for a heating unit.
The house must have heating, ventilation, water supply, sewerage, electricity and radio broadcasting.
The area of the premises of the house is determined taking into account the arrangement of the necessary set of furniture and equipment and must be no less than: common living room - 12 m2; bedrooms - 8 m2 (if placed in the attic - 7 m2); kitchens - 6 m2.
The width of the premises must be no less than: kitchen and kitchen area in the kitchen-dining room - 1.7 m, hallway - 1.4 m, interior 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 the door opens outward and at least 1.5 m when the door opens 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, are allowed to be at least 2.3 m. In corridors and when installing mezzanines, the height of the premises can be at least 2.1 m.
4.6. When designing and constructing a house, conditions must be provided for residents with limited mobility, and, if necessary, also for people with disabilities who use wheelchairs. For this purpose, the required dimensions of paths on the site and ramps must be provided, as well as the appropriate dimensions of doors, vestibules, corridors and kitchens, restrooms and bathrooms.
4.7. At the request of the developer, a thermal energy passport and operating instructions for the house must be presented as part of the documentation for the house.
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 form established in the current regulatory documents, taking into account the provisions of Section 9 of these rules and regulations. The category is indicated in the passport energy efficiency Houses. The heat energy passport is not intended for payments for utilities and other services provided to the home owner.
The operating instructions for the house must contain the data necessary for the house owner to ensure safety during operation, including information about the main structures and engineering systems, layout diagrams of hidden frame elements, hidden postings And utility networks, as well as the maximum load values on the structural elements of the house and on its electrical network. This data can be presented in the form of copies of as-built documentation.
4.8. The rules for calculating the area of premises, determining the volume and number of storeys of a house are adopted according to SNiP 2.08.01.
Fire safety
6.1. Single-family residential buildings belong to functional fire hazard class F 1.4 according to SNiP 21-01. In this regard, when designing and constructing houses, the measures established by these standards must be taken to prevent the occurrence of 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 firefighting personnel units to the house to carry out measures to extinguish the fire and rescue people. This takes into account the possibility of a fire starting inside any room and reaching the surface of the house.
6.2. Fire 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 solid fire walls with a fire resistance rating of at least REI 45 and a fire hazard class of at least K1. Blocked houses of structural fire hazard classes C2 and C3 must additionally be divided by blind fire walls of type 1 according to SNiP 21-01 with a fire resistance limit of at least REI 150 and a fire hazard class of at least K0 into fire compartments with a floor area of no more than 600 m2, including one or more residential blocks.
6.3. There are no requirements for fire resistance and structural fire hazard class for houses up to two floors high.
Heating and gas
6.15. Heat generators, including solid fuel stoves and fireplaces, cookers and chimneys must be constructed with constructive measures to ensure fire safety of the house in accordance with the requirements of SNiP 41-01. Pantry solid fuel It is allowed to be located on the first, ground floor or basement of the house.
6.16. Gas fireplaces must be factory-made. The exhaust of combustion products must be provided into the chimney.
Water and sewerage
8.11. Home supply drinking water must be provided from the centralized water supply network of the settlement.
It is allowed to provide 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 calculated daily water consumption may be reduced in agreement with local authorities of the Russian Ministry of Health. The quality of drinking water must comply with hygienic standards approved by the Russian Ministry of Health.
8.12. To remove wastewater, a sewerage system must be provided - centralized, local or individual, including cesspool, absorption or with sanitary individual biological treatment.
Collection and disposal of solid household waste and waste from the operation of public premises must be organized in accordance with the rules for the operation of housing stock adopted by local authorities.
Sewage and solid waste must be disposed of without contaminating the site or aquifers.
October 15, 2013 State Duma adopted in the first reading bill No. 313087-6 "On amendments to the Federal Law of April 15, 1998 No. 66-FZ" ". It's about on providing Russians with the opportunity to register at their place of residence in a residential building owned by them 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 self-government and elected officials of local self-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 were 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 was 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 incur additional costs for maintaining a house in winter period: "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 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.
Commission is created federal body executive power, 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;
- about the need and possibility of conducting overhaul, reconstruction or redevelopment (if necessary, with a feasibility study) in order to bring the characteristics of the residential premises lost during operation into compliance with the requirements established in the requirements and after their completion - to continue 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 building will it 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 possible problems problems that a person who decides to register at his 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 for the transfer of 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, those permanently residing in garden and country houses will need to independently decide 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:
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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 to consider is the possible increase market value residential building after it has acquired 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 be especially noticeable after the upcoming changes in and some other legislative acts Russian Federation. 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.
An example is 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 changes in legislation being discussed 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.
The inconsistency of modern Russian legislation is clearly reflected in the legal status of “residential buildings”.
The term “residential buildings” was introduced into circulation by Federal Law of April 15, 1998 No. 66-FZ “On horticultural, gardening and dacha non-profit associations of citizens.” Article one of this law allows citizens to erect residential buildings on garden and dacha land plots without the right to register residence in them, as well as to erect auxiliary economic buildings and structures that ensure the operation of such residential buildings. Noteworthy is the fact that the given term “residential buildings” is not mentioned in the Housing Code of the Russian Federation and therefore these objects are an independent species objects not classified by the legislator as objects of housing rights.
The Housing Code of the Russian Federation operates with the generic concept of “residential premises”, which includes the following types of objects: residential building, part of a residential building; apartment, part of an apartment; room (part 1 of article 16 of the Housing Code of the Russian Federation). The listed types of residential premises are objects of housing rights and are intended for permanent residence of citizens. The list of residential premises provided is closed. It should be noted that residential buildings built on dacha land plots (with the right to register residence) fully comply with the characteristics of the object of housing rights.
Unlike “residential premises,” residential buildings have an independent legal nature and a legal regime based on a special law (Federal Law No. 66-FZ of April 15, 1998).
So, what is the legal nature of the objects designated by the legislator as “residential buildings”. It should be immediately emphasized that the legal regime (purpose) of any capital construction project is initially predetermined by the purpose of the land plot on which it is located. Any other relationship between legal regimes is an exception. Land and town planning legislation is based on the priority of the intended purpose of land plots when determining the type of use of capital construction projects erected on these sites (Article 1, paragraph 5; Article 85, paragraph 3 of the Land Code of the Russian Federation, Article 1, paragraph 9; Art. 36 clause 1; article 51 clause 1 of the Town Planning Code of the Russian Federation). In other words, the purpose of the building depends on the purpose of the land. Before building anything on a plot of land, the developer must make sure whether what is planned corresponds to the legal status of the plot and, if not, whether it is possible to change this land legal status.
The legal regime of horticultural and dacha land plots provides for their use for growing fruit and vegetable crops, in combination with recreation. Because of this, the exploitation of residential buildings erected on these sites is limited to the purposes of ensuring the process of growing horticultural crops and recreation. The very use of the term “structure” in the phrase “residential building” characterizes the temporary, seasonal, unfounded nature of the building and emphasizes the inconstancy of the use of these buildings by people. If for owners of dacha land plots the Federal Law of April 15, 1998 No. 66-FZ provided for a legal alternative - to erect a “residential building” or “a residential building with the right to register residence”, then for garden land plots the law did not provide such an alternative.
At the same time, the existing reality is such that, regardless of the legal regime of a garden plot of land, comfortable residential buildings are often erected on the lands of gardening partnerships, which can hardly be called “buildings”. According to technical standards and construction characteristics (in fact), these objects are residential buildings, according to the legal regime (virtually) - residential buildings. In this case, the purpose is fundamentally different from the actual use. Citizens concerned about the housing problem have long found a practical solution to it in the construction of dwellings on garden lands. No need to prepare and coordinate project documentation for the development of garden and dacha land plots, allows their owners to create residential properties suitable for permanent residence. The only legal documents limiting owners in their construction impulse remain the rules of land use and development - in territories included within the boundaries of populated areas and planning projects for the territory of a non-profit partnership - on agricultural lands. In such conditions, developers of lands of gardening partnerships are limited only in terms of parameters - a height of no more than three ground floors, an area of no more than 1500 sq.m., a setback from the boundaries of the site - by the amount provided for by the development rules or the planning project. Who, in this case, would deny themselves the pleasure of building a residential building on a garden plot. Only those who are limited in funds or imagination.
IN last decades the territories of gardening associations have turned into residential villages low-rise buildings. It is quite obvious that citizens want to eliminate legal differences in the absence of actual differences. Such attempts were made earlier, in the early 1990s, at the legislative level. Federal Law No. 4218-1 of December 24, 1992 “On the Fundamentals of Federal Housing Policy” gave citizens the right to re-register them as residential buildings with personal plots on the right of private property, in the manner established by law (Part 3 of Article 9 of the mentioned Law). It is unknown what part of the citizens managed to take advantage of the opportunity provided, since with the introduction of the new Housing Code of the Russian Federation, from March 1, 2005, the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” lost force.
The legal possibility of classifying residential buildings suitable for permanent residence located on garden plots of land as housing stock was restored by Resolution of the Constitutional Court of the Russian Federation dated April 14, 2008 No. 7-P. The court considered the application of families of military personnel from the Krasnodar Territory, who appealed the provisions of paragraph two of Article 1 of Federal Law No. 66-FZ of April 15, 1998 “On gardening, gardening and dacha non-profit associations of citizens”, which prohibits registration at the place of residence in residential buildings built on lands as part of a gardening partnership. Based on the results of the consideration, the court found certain provisions of the mentioned article to be inconsistent with the Constitution of the Russian Federation. Article 1 of Federal Law No. 66-FZ of April 15, 1998 was declared unconstitutional in terms of limiting the rights of citizens to be registered “at their place of residence in a residential building suitable for permanent residence, located on a garden plot of land, which belongs to the lands of settlements.” As we can see, the formulation of lifting restrictions is accompanied by the court (stipulated) by certain conditions. Registration (registration) in a residential building is possible, provided: 1) if this building is “suitable for permanent residence” (read year-round), 2) if the garden plot of land is included within the boundaries of the populated area. Thus, the decision of the Constitutional Court did not change the legal status of “residential buildings” on garden plots. Their purpose related to gardening remains the same. Moreover, the legal differences between objects located on dacha plots and objects as part of gardening partnerships remain in force. For some garden residential buildings (not all), the court determined the possibility, through a commission procedure, to be classified as a housing stock. In other words, under certain conditions, objects that are not intended for permanent residence, but suitable for this purpose, can be used as residential. This applies only to garden residential buildings located on settlement lands. Consequently, the legal regime for horticultural land plots is expanding under certain conditions. In the event that a gardening partnership is located on agricultural land, the fact that the building is suitable for permanent residence does not remove restrictions on registration (registration) at the place of residence.
The Constitutional Court of the Russian Federation indicated that since housing legislation is the sphere of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation (clause “k” of Part 1 of Article 72 of the Constitution of the Russian Federation), the constituent entities of the Russian Federation have the right to implement proper legal regulation by determining the procedure for the recognition of residential buildings on garden plots of land suitable for permanent residence.
It is certainly and obvious that the procedure for recognizing a residential building as suitable for permanent residence is comparable in complexity to obtaining permission to put a facility into operation. In the Krasnodar Territory, as part of the implementation of Resolution No. 7-P of the Constitutional Court of the Russian Federation dated April 14, 2008, the head of administration (governor) of the Krasnodar Territory adopted Resolution No. 1185 dated December 29, 2009, which details the procedure and procedure for commission recognition of residential buildings as suitable for permanent residence.
The opportunity granted by the Constitutional Court to the authorities of the constituent entities of the Federation to legally regulate the issue of classifying garden residential buildings located within the boundaries of populated areas as housing stock, led in turn to changes in the procedure for simplified registration of rights to such objects. Order of the Ministry of Economic Development of Russia dated November 3, 2009 No. 447 approved a new form of declaration of real estate intended for registration of rights to objects that do not require obtaining a construction permit. The new declaration form came into force on January 26, 2010. The main difference of the new declaration form was the exclusion of the term “residential building” from the list of types of real estate. This is justified. The term “residential building” used in combination with the designation “purpose – non-residential” sounds incorrect to most non-specialists. Now, the person filling out the declaration has the right to independently designate an object belonging to him with such a name, in a line filled in manually. The developers tried to unite under one specific concept of “house” objects located both in dacha and garden plots. Since there is no legislative definition of “garden house” or “dacha house”, the developers used the definition of “house” contained in Rosstat Order No. 61 dated April 13, 2009 “On approval of census documents of the 2010 All-Russian Population Census.” According to the terminology of the said order: “House is a building intended for permanent residence or temporary residence of people, depending on the functional purpose and for the performance of various types production processes". As you can see, both a “house” on a summer cottage and a “residential building” on a garden plot fall under this definition. The main difference between the first house (“dacha house”) and the other (“garden house”) is its purpose – “residential” or “non-residential”. The logic of developing a new declaration form - to simplify the classification of types of objects - was not correctly understood by everyone. For some citizens, the new declaration form has given rise to the erroneous idea that simply by filling out a declaration (by checking a box) one can legitimize a residential building built on a garden plot. The procedure for recognizing a residential building as suitable for permanent residence is the responsibility of the authorities of the constituent entities of the Federation. Rosreestr bodies in the process state registration rights under a simplified procedure on the basis of submitted declarations must necessarily check the compliance of the declared objects with the intended purpose of the land plot.
State Registrar S.A. Kovalev
In order to find out how you can convert a non-residential house in SNT into residential in 2019, you need to pay attention to the fact that after purchasing real estate in a holiday village, over time you have the opportunity to transfer it to the status of residential premises. You will need to find out how this procedure is carried out, and what actions should be taken if you are denied it.
What properties should a dacha have?
It is possible to convert a dacha into residential premises if certain conditions are met. They relate to land plots and country houses. In particular, the requirements for a land plot are related to the category to which the plot belongs. It is imperative that these are lands related to populated areas. If the non-residential premises are located on a site that is classified as agricultural land, then before converting the dacha into a residential building, you will need to transfer the land from one category to another. The land in gardening partnerships must be located in the zone where buildings with residential purposes are being erected. Please note that only a few uses are permitted, these include:
- dachas and garden houses;
- subsidiary farming, which is carried out personally by the owner;
- the best option is if the land is allocated for individual housing construction.
Please note that not all plots that are in a garden or dacha partnership, as well as farming and gardening, have the opportunity to change the purpose for individual construction. This may be due to the fact that the municipal authorities have ownership rights regarding real estate.
Resolution No. 47, adopted by the Government in 2006, contains requirements for residential buildings. A building that can receive residential status must have the following characteristics: a bathroom, toilet, kitchen and living room must be located in the room. In each subject of our country there are established minimum dimensions for the specified premises. For example, a room classified as residential must have at least 12 square meters, and the kitchen - at least 6. Ceilings should rise at least 2.5 meters. In addition, an important point is that re-registration requires the presence of country houses communication systems - this includes water supply, electricity, heating system, ventilation and sewerage systems also need to be made. The building must have characteristics that meet fire safety requirements, as well as construction, environmental, sanitary and other standards.
Important! The house being transferred must have documentation provided by the organization conducting the technical inventory; it will be enough to provide a technical passport. Sometimes an examination of construction and technical significance is required.
It is also of no small importance if the dacha is the only place of residence for a person. In the case when a citizen has nowhere else to live, but there is an opportunity to register at a dacha, then the procedure for registering ownership of the dacha should be carried out and it should be re-registered as a residential building.
Documentation
If the house has undergone redevelopment, you will need to submit design documentation. The person making the appeal will have to write a statement containing the purpose. In particular, you can indicate that you need to transfer your country house to the category of residential premises for the reason that you want to live in it on a permanent basis and are registering there. It must be permanent. You will also need to copy the document that verifies your identity. A receipt indicating payment of the state duty may also be added to these papers.
Instructions
It is worth noting that the renovation of a country house can be done in two ways. In particular, you can file an appeal to the court. Initially, you will need to prepare all the necessary papers; if some are missing, you will need to obtain them from the authorized body. Next, file a claim; for this you can contact a professional lawyer who will help you. Please note that it is required to indicate third parties, which are organizations that have an interest in resolving this issue. File the claim, along with the documents attached to it, to the judicial authority located at your place of residence. Then the trial stage will begin, in which you will need to participate. Decide in advance what evidence you will use. After receiving a positive decision from the judge, you need to apply for technical and cadastral documents. In conclusion, it is necessary to carry out the procedure for registering rights and obtain the appropriate certificate.
The well-known Resolution of the Constitutional Court of the Russian Federation of April 14, 2008, which declared unconstitutional the ban on registration at the place of residence in garden and country houses suitable for permanent residence
M seemed like a solution to painful problems. Is this true? The answer to this and other pressing questions was prepared by a graduate student at the Institute of Legislation and Comparative Law under the Government of the Russian Federation. The emergence of new political and socio-economic conditions in Russia has led to changes in the lives of citizens in many aspects. · Dramatic changes occurred with the introduction of private ownership of land and housing, as a result of which existing ones became aggravated, and new problems associated with housing construction arose. The steady rise in price of the housing stock and the insufficient amount of land in settlements for the construction of housing determine the redistribution of agricultural land in order to use the latter for low-rise housing construction. In the context of problems of de-urbanization, especially characteristic of large cities, the question of the relationship between garden and dacha development and individual housing construction is very relevant. Currently, both in the media and in specialized literature, there are a sufficient number of publications relating to low-rise construction, but most of them highlight one side of the problem: either legal or socio-economic. Whereas this issue requires a comprehensive coverage of legal, socio-economic, architectural and even historical aspects.First of all, a precise legal definition of objects that satisfy people's housing needs is necessary. Current Russian legislation does not provide definitions for most types of residential and non-residential premises. In addition, not only in everyday life, but also in media reports and legal publications, there is a confusion and often identification of the concepts “garden house”, “country house” and “individual housing construction”, which, in our opinion, is invalid. Along with the above, terms such as “cottage” and “townhouse” are also used, although they do not have a legal definition.
The roots of this terminological problem can be found in Soviet legal literature of the 1950s - 1960s. For example, I.L. Braude noted: “The land plot is allocated for the construction of a residential building, as well as for green spaces.” In the decrees of the USSR Government on individual housing construction in cities and workers' settlements, there were instructions for the allocation of such plots, taking into account the organization of garden farming. Thus, in the Resolution of the Council of People's Commissars of the USSR dated May 29, 1944, “On measures to restore individual housing construction in cities and workers' settlements of the USSR,” the need was pointed out when establishing the size of estate plots to take into account the construction of outbuildings and the organization of gardening. Thus, one can note not only the confusion of the concepts of “garden” and “vegetable garden”, but also the general blurring of the categorical apparatus in relation to gardens, vegetable gardens, dachas and individual housing construction.
An analysis of Soviet legislation and theoretical research shows that individual housing construction was one of the forms of satisfying the material and cultural needs of citizens. Councils of Working People's Deputies were obliged to allocate land plots to citizens for individual housing construction, both from urban lands and from settlement lands. In cities, land plots were provided in the so-called residential areas, which, in turn, were to be divided into zones of low-rise buildings (up to three floors inclusive) and a zone of estate development (houses with one or two floors). IN scientific literature During the Soviet period, the conventionality of the terminological distinction between estate (residential) and personal plots was noted, since housing construction was carried out both on estates and on personal plots, and there were green spaces (fruit trees, berry beds, flower beds) on both. Some garden crops could be sown not only on household plots, but also on private plots. It was noted that it is necessary to distinguish from the allocation of a land plot for individual housing construction the allocation of a plot for individual gardening without the right to erect residential or other buildings on the garden plot. That is, here we can already note the absence of a difference between individual housing construction and, for example, the provision of a plot of land for gardening with the right to erect a residential building. The only difference was seen in the order of allotment of land for the needs of gardening or individual housing construction.
Based on the above, we can conclude: modern problems the distinctions between garden and dacha buildings, as well as their separation from individual housing developments, are a product of Soviet legislation. This problem has become even more aggravated due to the rise in prices of the housing market and due to the limited land in settlements. As a result, the modern legislator has taken the path of even greater mixing of garden, country house and individual housing construction.
The main regulatory legal acts regulating relations in this area are the Constitution of the Russian Federation, the Civil Code of the Russian Federation, the Land Code of the Russian Federation, the Town Planning Code of the Russian Federation, the Federal Law "On Gardening, Vegetable Gardening and Dacha Non-Profit Associations of Citizens", Building Codes and Rules.
The Constitutional Court of the Russian Federation found the norms of the Federal Law “On Gardening, Gardening and Dacha Non-Profit Associations of Citizens”, which prohibited the registration of citizens in a residential building erected on a land plot provided for gardening, to be inconsistent with the Constitution. In his Resolution of April 14, 2008, this ban was declared unconstitutional “to the extent that it limits the right of citizens to register at the place of residence in a residential building suitable for permanent residence, located on a garden plot of land, which belongs to the lands of settlements” . This formulation contains several legal categories that require detailed study due to their ambiguity and the lack of legal definitions for most of them. First of all, this is a “residential building” and its components (“residential” and “building”). Requires clarification of what criteria established by law indicate suitability for permanent residence; How does the intended purpose of a land plot and a building that meets all the characteristics of a residential building relate to the possibility of registration at the place of residence?
To unify legislation and prevent possible legal conflicts in practice, it seems advisable to amend Art. 1 of the Law “On gardening, gardening and dacha non-profit associations of citizens” regarding the replacement of the term “residential building” with “residential premises”, since these terms are not identical due to the following.
So, Art. 1 of the Law “On gardening, gardening and dacha non-profit associations of citizens” and the Resolution of the Constitutional Court of the Russian Federation of April 14, 2008 operate with the concept of “residential building”. It should be noted that the current legislation (the Constitution of the Russian Federation, the Housing Code of the Russian Federation, the Civil Code of the Russian Federation) uses the term “residential premises”, as well as “dwelling” and “premises”, while “residential building” is contained only in the above Law and the Resolution of the Constitutional Court.
The term “dwelling”, despite its use in the Constitution of the Russian Federation and in the Housing Code of the Russian Federation, definitions in these normative legal acts didn't receive it. The legal definition of home is only in Art. 139 of the Criminal Code of the Russian Federation (although it is intended purely for the purposes of the Criminal Code of the Russian Federation; in our opinion, in this situation, the analogy of the law is quite acceptable): housing means an individual residential building with its residential and non-residential premises, residential premises, regardless of the form of ownership, included into the housing stock and suitable for permanent or temporary residence, as well as other premises or buildings not included in the housing stock, but intended for temporary residence. There is also no legal definition of the concept of “premises”.
Housing Code of the Russian Federation in Part 2 of Art. 15 gives the following definition of residential premises: an isolated premises is recognized as residential, which is real estate and is suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, and other legal requirements). That is, in order for a building on a garden plot from among settlement lands to be recognized as residential, it must, according to the above definition, meet the following criteria.
1. Be isolated. It should be noted that the concept of “isolated premises” is not disclosed either by the Civil Code of the Russian Federation or in the Housing Code of the Russian Federation, therefore, in practice, they proceed from the commonly used meaning of the term “isolated” - separate, isolated from other objects.
2. Be real estate, namely have a strong connection with the land. A strong connection with the land in a situation where garden buildings are recognized as residential requires the presence of a foundation. That is, prefabricated houses, so-called log houses or lightweight structures cannot be recognized as residential.
3. Be suitable for permanent residence of citizens. As noted by S.P. Grishaev, “it is suitability for living during all seasons, and not just in summer time distinguishes a living space, say, from a country house." residential building sanitary and technical requirements. Logically, to be considered suitable for permanent residence, a garden house must have a system of central or autonomous heating, water supply, as well as electricity and gas supply. However, not in all (especially in remote) regions of our country, objects included in the housing stock meet these parameters. Therefore, when talking about the sign of permanent habitability of a garden house, it is necessary to start from the conditions of the locality in which the house is located, although the Housing Code of the Russian Federation does not contain such a clause. The competence of the bodies of the constituent entities of the Federation and municipalities includes the possibility of establishing minimum standards that a premises suitable for permanent residence must meet. Thus, Moscow Law No. 29 of June 14, 2006 (as amended on June 18, 2008) “On ensuring the right of Moscow residents to residential premises” in the List of standards that comfortable residential premises in Moscow must meet , indicates that comfortable residential premises in Moscow must meet the following standards: a house (apartment) with all types of amenities (electricity, water supply, sewerage, heating, bath or shower, gas or electric stove, hot water supply or geyser) regardless of the wall material. There are also Gosstroy criteria, among which transport accessibility and the availability of infrastructure play an important role. The issue of transport accessibility and infrastructure in most gardening and dacha associations remains open.
Having analyzed the current legislation, it can be noted that the prerequisites have been created for the formation of a new housing facility - garden buildings and changes in the legal regime of land plots of gardening non-profit associations provided from among the lands of settlements. Of course, the Resolution of the Constitutional Court of the Russian Federation of April 14, 2008 is not a novelty in in every sense this word, since the previously valid Law of the Russian Federation of December 24, 1992 “On the Fundamentals of Federal Housing Policy” in Art. 9 “Changing property relations” indicated that citizens who own residential buildings located on garden and dacha land plots and that meet the requirements of the standards for residential premises have the right to re-register them as residential buildings with personal plots on the right of private ownership in the manner established by law. However, in practice, the transfer of such premises to residential premises was almost never carried out due to the unsettled issue. At the moment, the situation has changed, although not radically. No changes have yet been made to the Law “On Gardening, Gardening and Dacha Non-Profit Associations of Citizens”. The opportunity to regulate this issue has been provided in the order of advanced legal regulation to the authorities of the constituent entities of the Federation (legal systems to date do not have information about the law-making of the constituent entities in this area).
Thus, based on the above information, we can identify the following ways to recognize a garden house as a residential premises.
1. Judicial. This order will be based on the norms of civil procedural legislation. To implement this method of registration, it is necessary to apply to a court of general jurisdiction with an application to establish the legal fact of suitability for permanent residence of a residential building located on a land plot. This method, in our opinion, is, on the one hand, quite expensive. Costs will consist of the lawyer’s fee for drawing up statement of claim, payment of the state fee for consideration of the case in court. In addition, in court, the only evidence of the suitability of a residential building for permanent residence is a construction and technical examination, which also costs money and will require some time (two to three months). On the other hand, in our opinion, this procedure is the most acceptable, since the mechanism for conducting construction and technical examinations within the framework of judicial proceedings is well established, as is the entire procedure for establishing legal facts. In addition, there is no need to expect amendments to the Federal Law “On Gardening, Gardening and Dacha Non-Profit Associations of Citizens”, as well as the adoption of any regulatory legal acts at the level of constituent entities.
2. Administrative. This procedure will begin to work in full only after the subjects of the Federation determine the procedure for recognizing residential buildings on garden plots of land as suitable for permanent residence. It should be noted that the recognition of premises as residential, suitable for citizens to live in is carried out by an interdepartmental commission, which must act with the Regulations on the recognition of premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction, approved by the Decree of the Government of the Russian Federation of January 28, 2006 No. 47, and also in accordance with Ch. 3 of the Housing Code of the Russian Federation, which establishes that the transfer of non-residential premises to residential premises is not allowed if the premises do not meet the established requirements and it is not possible to ensure its compliance, or if the ownership of it is encumbered by the rights of third parties.
To transfer non-residential premises to residential premises, the owner or a person authorized by him (applicant) submits to the body carrying out the transfer of premises (local administration) at the location of the transferred premises:
- application for transfer of premises;
- title documents for the premises being transferred (originals or notarized copies);
- a plan of the premises being transferred with its technical description (declaration).
A decision on transfer or refusal must be made within 45 days. After the decision is made, but no later than three working days, the body carrying out the transfer of premises issues the applicant an appropriate document confirming the decision to transfer or refuse to transfer non-residential premises to residential.
The imperfection of this procedure is that not many municipalities interdepartmental commissions operate on an ongoing basis, which should include representatives of various authorities (fire departments, sanitary-epidemiological, etc.). In this regard, this method was not developed during the period of validity of the above Part 3 of Art. 9 of the Law of the Russian Federation "On the Fundamentals of Federal Housing Policy". Consequently, the future lies in the judicial method of recognizing a garden house as suitable for permanent residence.
The decision of the Constitutional Court of April 14, 2008, in the aspect of recognizing a garden house as suitable for permanent residence, raised the important issue of the intended purpose of the land plot on which the garden house is located, indicating that registration is possible only in a house that is located on settlement lands. The Resolution states that “almost identical legal regimes arise for land plots provided for gardening and for dacha farming, on which individual houses are actually built.” Thus, in this Resolution, for the first time in many decades of the existence of garden, dacha and individual development, the first legal identification of these concepts occurred. However, such identification naturally depends on the legal regime of the land plot provided for the above-mentioned needs. But at present there is a possibility of a practical solution to this issue in relation to agricultural land. So, if the intended purpose of a land plot is designated as agricultural land and the permitted use is agricultural, then there is a simple mechanism for changing the permitted use - to summer cottage construction. The latter, in turn, allows you to build a residential building with the right to register in it.
Another method is possible, but more labor-intensive. If a citizen owns a plot of agricultural land, the boundaries of which are adjacent to a populated area, this plot of land can be transferred to the category of settlement land. Article 4.1 of the Introductory Law of the Civil Code of the Russian Federation provides for the possibility, before January 1, 2010, to include a land plot within the boundaries of a settlement for the purpose of housing construction in municipalities that do not have approved master plans. In this case, inclusion is carried out on the basis of a decision of the executive body of the constituent entity of the Federation with a simultaneous change in the type of permitted use. There are no public hearings on this issue.
Of course, the gradual blurring of legal boundaries between garden, dacha and individual residential developments will inevitably lead to various socio-economic and legal consequences. It is necessary to extend to these buildings the legal regulation of ownership of residential premises, which is more detailed in comparison with the legal regulation of ownership of dachas and garden houses.
There are opinions that dacha real estate is a real vestige of the time when everything was common and real estate could not be purchased as a property. Dacha real estate to a certain extent was an exception - the dacha was subject to purchase or sale, but still these transactions were of a sham nature, since privatization summer cottage plot it was impossible. Apparently, the ongoing reforms are designed to solve two problems for the “polar” segments of the population.
1. Providing affordable housing for low-income citizens, for whom a garden house is sometimes the only place of residence, which will allow them to realize their social rights to medical care, pensions, and education.
2. Legalization of elite dacha and garden real estate for wealthy segments of the population, especially since the current SNiPs do not contain maximum building standards for either the number of floors or the area.
In this regard, the economic side of the ongoing reforms is interesting. According to realtors, country and garden real estate in the Moscow region will most likely follow the path of transformation into apartment complexes or residential resorts. However, given the saturation of the market, the increase in prices for low-rise housing will still be significantly lower than for high-rise housing. The expressed position confirms the possibility of solving the housing problem in Russia by legalizing registration in garden houses.
In addition, based on the ongoing reforms, it became possible to transform gardening and dacha associations into settlements. Supporters of this position (the Union of Gardeners of Russia and the Foundation for the Development of the Russian Gardening Movement) are preparing a new law on gardening in accordance with this trend. Of course, it should be noted positive aspect solving the housing problem at the expense of garden houses, however, every decision made in this regard must provide for long-term consequences and be further studied taking into account the opinion of the population, since this will require expensive social security for citizens, provided for by the Constitution of the Russian Federation, precisely at the location of the settlement.
