Registration of ownership of a house under the new rules: what is important to know
Russian legislation in the field of real estate cannot be called stable, unshakable — it changes regularly, changes are introduced, amendments are approved. For example, until March 1, 2020, the dacha amnesty was extended, and in August 2021, several more significant changes were made to the procedure for registering real estate and housing.
What rules are in effect today when registering a house as a property
Individual residential buildings today include detached buildings with a height of no more than three floors above the ground (and no more than 20 m), consisting of rooms and auxiliary household premises.
A construction permit is almost always issued by a local government body at the location of the land plot, with rare exceptions. That is, permission must be obtained from the administration of a rural or urban settlement, depending on where the house is located.
The main essence of the amendments to the law is to replace the permits with the notification procedure. If in the case of ordinary objects, the procedure has not changed — as before, and today it is necessary to obtain a permit for the construction of a house and for its commissioning, then the procedure for construction and registration for garden houses and residential housing facilities has been changed. Now, in order to build a residential building, there is no need to obtain a building permit from the administration. It is necessary to submit a paper appeal to the administration or through the MFC notifying about the construction or reconstruction of the residential housing facility. The notification must be accompanied by title documents for the land (if the rights are not registered in the EGRN), a document on the powers of the developer, a description of the appearance of the housing and communal services. The notification form can be downloaded from the Internet, from reference legal systems - ConsultantPlus, GUARANTOR.
After submitting the notification of the planned construction, the administration will check the compliance of the characteristics of the residential housing facility from the notification, the parameters and requirements of the permitted construction. Further, the administration sends a notification to the developer about the permissibility of placing the house on the land plot or about the discrepancy of the specified characteristics. It makes sense to start construction after a positive response has been received from the administration.
If during the construction process there was a desire or need to change the parameters of the house, you need to notify the administration about the changes and wait for a response.
According to the new procedure, there is no need to obtain permits to put the house into operation. It is necessary to submit a paper appeal to the administration within a month from the date of completion of construction, notifying it of the completion of the construction of the house. The notification is accompanied by a document on the powers of the developer, a technical plan, an agreement on determining the shares of the rightholders of the land plot. Upon request, an inspection will be carried out, an inspection of the object, and if everything is in order, the object can be put into operation.
The new rules are aimed at facilitating and optimizing the procedure for registering property rights to an object.
View count: 748