Garden and country houses as living quarters. How to convert a garden country house into a residential one? House in SNT residential or non-residential purpose

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 gardening, vegetable 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 type of objects that are 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. The absence of the need to prepare and approve design 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 recent decades, the territories of gardening partnerships have turned into low-rise residential communities. 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 private plots on the right of private ownership, 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 appropriate 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 the administration (governor) of the Krasnodar Territory adopted Resolution No. 1185 dated December 29, 2009, regulating in detail the procedure and procedure for commission recognition of residential buildings as suitable for permanent accommodation.

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 the 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: “A house is a building intended for permanent residence or temporary residence of people, depending on the functional purpose and for performing various types of 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”) and the other (“garden”) 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 authorities, in the process of state registration of rights under a simplified procedure based on submitted declarations, must necessarily check the compliance of the declared objects with the intended purpose of the land plot.

State Registrar S.A. Kovalev

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 decision of the Constitutional Court of the Russian Federation was implemented, which declared the restriction on registration established by federal law to be 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 building” 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 comply with 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 the Russian Federation (PPB 01-03)”, adopted in accordance with Federal Law dated 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 of a positive decision of the court, you 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 not possible on a plot without a house or on a construction site.

You have built a good house on your site - 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 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 plot 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.

Typical country house on six acres

From the resolution of the Gosstroy of Russia dated March 22, 2001 No. 35 “On the adoption and implementation of SNiP “Single-apartment residential houses.”

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, cooking and eating, 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 passport indicates the energy efficiency category of the house. The heat energy passport is not intended for payments for utilities and other services provided to the 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 wiring and utility networks, as well as limit values of loads on the structural elements of the house and to 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. The solid fuel storage room may 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. The supply of drinking water to the house 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.
The 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.

To view photographs posted on the site in an enlarged size, you need to click on their reduced copies.

I don't have bodyguards, but I do have two well-trained tax consultants.

Elvis Presley

The need to cover the issues raised on this page of the resource “SNT “Pishchevik” appeared immediately as soon as the new federal law came into force. We will talk about it below. And now let’s remember another document, which many citizens of our Russian Federation were not at all noticed, but it was thanks to him that they began to have troubles related to real estate objects and all those actions that were predetermined by this regulatory legal act. We are talking about the Order of the Government of the Russian Federation dated December 1, 2012 No. 2236-r “On approval of the Action Plan (“road map”) “Improving the quality of public services in the field of state cadastral registration of real estate and state registration of rights to real estate and transactions with him."

One of the main reasons for the issuance of the said order No. 2236-r dated December 1, 2012 is the urgent need to establish state, to some extent, strict order in the field of cadastral registration of territory, land plots and all real estate objects, which are inextricably linked with the ground, and moving it without damaging its integrity and functionality is impossible. The order did not remain on paper and was not shelved. The government and the involved ministries are carrying out systematic and step-by-step work to implement the points of the document. Not a month goes by without another law, government decree or order from a ministry (department) being published in the media, one way or another affecting the sphere of legal relations in the field of real estate. Federal Law-401 dated November 30, 2016 was no exception. The name of the law is tricky. And it doesn’t tell us anything: “On introducing amendments to parts one and two of the Tax Code of the Russian Federation and certain legislative acts of the Russian Federation.” Meanwhile, certain provisions of this law directly affect us, gardeners.

Let us identify the questions that we will consider on this page:

What taxes do we pay for garden plot of land?
Which ones are new? taxes will we pay for real estate and from when?
The feasibility of registering ownership rights to real estate objects?
Risks of refusing to privatize real estate?

The page is built on the basis of the text of the letter from the Federal Tax Service, comments to it, as well as conclusions for each gardener to make his own decision, taking into account all risks, local conditions and feasibility. Sorry, but every man for himself. There is no one recipe. You need to be cunning, smart and wise at the same time. And yet, it is simply impossible to calculate the wrong steps and possible losses. Too many factors influence our actions, and too much information does not reach us due to social (official) status and access to decision-making on land made in local echelons of power.

Personal property tax

1. MINISTRY OF FINANCE OF THE RUSSIAN FEDERATION
THE FEDERAL TAX SERVICE
LETTER dated November 17, 2016 N BS-4-21/21769@
ON TAXATION OF HOUSES AND RESIDENTIAL BUILDINGS,
LOCATED ON LAND,
PROVIDED FOR GARDENING OR COUNTRY HOUSEKEEPING.

Let’s start analyzing the contents of the Ministry of Finance’s article from the very beginning:

In connection with requests from taxpayers and territorial bodies of the Federal Tax Service of Russia on issues related to the taxation of real estate located on land plots provided for gardening or dacha farming, for the purpose of administering tax on property of individuals(Further - tax) we recommend considering the following.

1. On the issue of taxation of residential buildings located on land plots provided for gardening or dacha farming (hereinafter - residential buildings)

In accordance with paragraph 2 of Article 401 of the Tax Code of the Russian Federation (hereinafter referred to as the Code), for the purposes of Chapter 32 “Property Tax for Individuals,” residential buildings located on land plots provided for gardening or dacha farming are classified as residential buildings.

Let's look at the text of the Tax Code article as it was written in the original:

Article 401. Object of taxation, Tax Code, Part 2

2. For the purposes of this chapter houses and residential buildings located on land plots provided for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual housing construction, belong to residential buildings. (as amended by Federal Law No. 401-FZ of November 30, 2016)

The provisions of paragraph 2 of Article 401 (as amended by Federal Law No. 401-FZ of November 30, 2016) apply to legal relations that arose from January 1, 2015.

Consequently, in relation to residential buildings, the rules for determining the tax base, tax rates, tax benefits and tax calculation are applied, provided for residential buildings in Chapter 32 of the Code and the regulatory legal acts of representative bodies of municipalities (laws of federal cities) in force for the corresponding tax period. .

It is necessary to understand that the legislation of the Russian Federation, including Federal Law of April 15, 1998 N 66-FZ “On gardening, gardening and dacha non-profit associations of citizens”, the status of a residential building is not fully defined. In addition, Federal Law dated July 24, 2007 N 221-FZ " About the state real estate cadastre" there was no provision for state cadastral registration of real estate objects of the type " residential buildings".

Very true point. Indeed, nowhere is there a definition of the term “residential building”. The concept itself is mentioned, but what it is is not explained. This is apparently due to the fact that “residential buildings” have existed on garden plots for a long time. That is, these are buildings where you can live in the summer, but they are of little use for year-round living. At the same time, such buildings can hardly be called “residential buildings”, because There are certain requirements outlined in the rules and regulations of laws and regulations. And these standards, as a rule, were not observed when creating residential buildings. We won’t draw an analogy with residential buildings in villages, where there are also no rules and regulations, and we won’t do that for 100 years or more. In those days the requirements were different. And yet, today there are residential buildings, but there is no definition for them. And we all have to live with this.

It is also very strange that Federal Law-221 dated July 24, 2007 has a different name from July 3, 2016: “ About cadastral activities", and the Deputy Head of the Federal Tax Service does not know this. Let us recall that the letter was published on November 17, 2016.

In this regard, and based on Article 25.3 of the Federal Law of July 21, 1997 N 122-FZ "On state registration of rights to real estate and transactions with it" in relation to real estate - residential buildings that do not comply with the requirements established by Articles 15 and 16 of the Housing Code of the Russian Federation Federation criteria for classifying them as residential buildings, records could be formed in the State Real Estate Cadastre (GKN) and the Unified State Register of Rights to Real Estate and Transactions with It (USRE) indicating the type of real estate - "building", the purpose - "non-residential" and names like: “residential building without the right to register residence, located on a garden plot of land”, “residential building on a summer cottage”, etc.

In Federal Law-122 of 07/21/1997 (from 01/01/2020 declared invalid, Federal Law-361 of 07/03/2016) “residential building” is also not mentioned, there is only “building (structure)”

Let's look at articles 15 and 16 of the RF Housing Code:

Article 15. Objects of housing rights

The objects of housing rights are residential premises.
Residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, and other legal requirements (hereinafter referred to as requirements)).
The procedure for recognizing a premises as a residential premises and the requirements that a residential premises must meet, including its adaptation taking into account the needs of people with disabilities, are established by the Government of the Russian Federation in accordance with this Code and other federal laws.
(as amended by Federal Laws No. 160-FZ dated July 23, 2008, No. 93-FZ dated June 25, 2012, No. 419-FZ dated December 1, 2014)
Residential premises may be declared unfit for habitation on the grounds and in the manner established by the Government of the Russian Federation.
(as amended by Federal Laws dated July 23, 2008 N 160-FZ, dated June 25, 2012 N 93-FZ)
The total area of a residential premises consists of the sum of the area of all parts of such premises, including the area of auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces.

Article 15 lays down the grounds for recognizing or not recognizing your residential building as a residential building. According to these standards, permanent residence in a residential building is prohibited. You will not be registered in such a building. In a residential building - it is possible. And you, by contacting the registration authority and attaching an extract from the Unified State Register of Real Estate stating that you have a residential building on a garden plot of land, will be registered there with the corresponding stamp affixed in your civil passport. This procedure is performed free of charge and legally. There is no need to give any bribes to anyone.

The following articles and materials are associated with this page:
Registration (registration) in a residential building
Cadastral registration of a land plot, residential building, register of property rights
Boundary plan of a garden plot of land.
On the procedure for assigning an address to a garden plot of land

Article 16. Types of residential premises

Residential premises include:
1) House, part of a residential building;
2) apartment, part of an apartment;
3) room.
A residential building is recognized 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 such a building.
An apartment is recognized as a structurally separate room in an apartment building, providing direct access to the common areas in such a house and consisting of one or more rooms, as well as auxiliary premises intended to satisfy citizens' household and other needs related to their residence in such a separate apartment. indoors.
A room is a part of a residential building or apartment intended for use as a place of direct residence for citizens in a residential building or apartment.

Please note that the main body of housing laws does not even mention such a thing as a “residential structure”. He doesn't exist, he doesn't exist. And, therefore, it cannot be recognized in its current name. You can only convert (rebuild) a residential building into a residential building.

Subsequently, the relevant information was received by the tax authorities as part of information interaction with the bodies of Rosreestr, provided for in paragraph 4 of Article 85 of the Tax Code of the Russian Federation (hereinafter referred to as the regulatory exchange).

At the same time, based on the clarifications of the Ministry of Finance of Russia (letter dated 08/04/2015 N 03-05-04-01/45018) for taxation real estate objects, not recognized as residential buildings and commercial buildings (structures), but which are residential buildings, it is necessary to take into account the above-mentioned features of entering information into the State Property Committee and the Unified State Register.

Thus, the territorial bodies of the Federal Tax Service of Russia need, in each case, to receive requests from taxpayers regarding the calculation of tax in relation to real estate objects, the name of which according to the Rosreestr authorities (information provided as part of the regulatory exchange, upon clarifying requests within the framework of paragraph 13 of Article 85 of the Code, extracts from the State Property Code/Unified State Register, certificate of state registration of law) includes an indication of a residential building, consider the issue of whether there is a basis for applying paragraph 2 of Article 401 of the Code, incl. if necessary - recalculation of tax liabilities with the formation (or) without the formation of tax notices and reflection of the corresponding changes in the KRSB (for example, in connection with the presence of a tax deduction provided for in paragraph 5 of Article 403 of the Code, the application of the tax rate for objects of the "residential buildings" type in accordance with subparagraph 1 of paragraph 2 of Article 406 of the Code, tax benefits provided for in Article 407 of the Code).

2. On the issue of taxation of non-residential buildings located on land plots provided for gardening or dacha farming (non-residential buildings).

In accordance with Article 25.3 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It,” one of the grounds for state registration of ownership of a created real estate object located on a plot of land intended for dacha farming or gardening is a declaration of such object - a document confirming the fact of creation of the object, presented by the transferee of such object.

The declaration form for a real estate property, approved by order of the Ministry of Economic Development of Russia dated November 3, 2009 N 447, provided for the possibility of indicating the type (name) of the object - “house” (for a house created on a plot of land provided (intended) for gardening, dacha farming) , with the purpose of the object being “non-residential” (in relation to a house not intended for permanent residence of citizens, for example, a house located on a garden plot of agricultural land).

Until 01/01/2015, in relation to the specified objects not related to residential buildings, economic buildings (structures), it could be applied if there are grounds tax benefit, provided for in Article 4 of the Law of the Russian Federation of December 9, 1991 N 2003-1 “On taxes on property of individuals” (lost force).

On November 16, 2016, the State Duma of the Federal Assembly of the Russian Federation considered in the second reading Federal Law No. 11078-7, introduced by the Government of the Russian Federation, “On Amendments to Parts One and Two of the Tax Code of the Russian Federation and Certain Legislative Acts of the Russian Federation,” which contains a rule on replacing in paragraph 2 of Article 401 of the Code of Words " residential buildings"with words" houses and residential buildings", with the extension of this norm from January 1, 2015.

If this norm is introduced, the above-mentioned houses will be subject to the rules for determining the tax base, tax rates, tax benefits and calculating the amount of tax provided for residential buildings by Chapter 32 of the Code and the regulatory legal acts of representative bodies of municipalities in force for the corresponding tax period (laws of federal cities).

These clarifications must be communicated to employees involved in tax administration and consideration of appeals from individual taxpayers on the above issues.

The draft federal law mentioned in the letter above was adopted by the State Duma. This is Federal Law-401 dated November 30, 2016. The text of this paragraph is stated at the beginning of the page.

Deputy Head of the Federal Tax Service of Russia S.L. BONDARCHUK

The results and conclusions for gardeners from the letter are as follows:

1. "Residential building"(precisely in this definition), if it is registered in the Unified State Register and ownership of it has been registered since 01/01/2015, it is equal to " residential building". The tax base, rate, benefits, tax calculation are applied as for residential buildings.

2. Buildings, outbuildings, structures, if these real estate objects are capital buildings (structures) and are registered, ownership rights are registered on them, then the tax base, rate, benefits, and tax calculation are applied differently from residential buildings. In many regions, these taxation parameters are the same for residential buildings and non-residential buildings (structures).

There is no precise definition of a capital structure in the legislation. In the Town Planning Code in Art. 1 “Basic concepts used in this code” is the following norm:
10) capital construction project- building, structure, structure, objects, the construction of which is not completed (hereinafter - objects of unfinished construction), with the exception of temporary buildings, kiosks, sheds and other similar structures;
Based on this norm, it is difficult to accurately determine whether a building is a capital construction project or not. In this case, it is necessary to take into account the nature of the foundation (capital or temporary), the connection of the structure to the ground, registration of rights, the possibility of moving the structure without causing damage to it or loss of functionality, and other parameters. Such ambiguity almost always leads to litigation if a dispute arises. And the court during the process determines the nature of the structure: permanent or temporary. The court decision directly implies the amount of tax charged on the property, or the lack thereof due to the absence of a capital facility.

3. The decision about how and in what way you can save on taxes can be made only if you know the norms of Chapter 32 “Property Tax for Individuals,” Part 2 of the Tax Code of the Russian Federation. Additionally, you should study the page “Reference information on rates and benefits for property taxes” by going to the Federal Tax Service website, since the taxes in question refer to “local taxes and fees.” And this means that in different regions, rates, benefits, and the base may differ to a lesser extent. The maximum deductions established by the state are indicated in Chapter 32 of the Tax Code. Regions cannot charge more than this, but they have the right to less. It can definitely be said that regional authorities use this right.

2. What is better to have a non-residential building or a residential building?

We continue to understand taxes and ways to save.

The simplest and most effective way not to pay any taxes for a garden plot of land, as well as for all real estate objects located on it, is to refuse to prepare documents for the plot and these objects. The documents mean the following:

Documents on rights to the property:

Garden plot of land:

certificate of ownership (other real right) (from 01/01/2017, the right is confirmed only by an extract from the Unified State Register of Real Estate);
boundary plan;
documentation (act) on the delineation of boundaries.

Residential house, non-residential building, residential building, building, outbuilding, building, structure, greenhouse, garage, etc.:

certificate of ownership (from 01/01/2017, the right is confirmed only by an extract from the Unified State Register of Real Estate);
technical passport of the object;
technical plan of the facility.

Let's assume that you have the properties listed above and they are not registered. Naturally, you do not pay anything to the state in the form of taxes. This is a good thing from a gardener's point of view. On the other hand, no one or anything is preventing the raider seizure of such a plot, which actually has neither documents nor owner, and is not registered in the cadastral register. He, the site, exists, but in reality he doesn’t exist.. You need to understand that to capture such a site(s), going to the area is not necessary. Everything can be done in the depths of the offices of ministries and departments of the district administration. In our case, everything is formalized by government agencies. registration of real estate, cadastre and cartography, as well as in the land resources committee of the local administration. You can rely on the fact that the site is located in an unattractive place for business and construction. It happens. But there are risks here too.

In the Moscow region, authorities are already concerned about identifying unregistered real estate properties. So far this work is going well, without repression or demolition of illegally erected buildings. The important thing to note is that it has begun. The rest of the regions are not immune from such actions by the authorities. It’s good if this work has already begun, but it’s bad if it starts after the New Year 2017 celebration. Why? Sources of information are the gardeners of the Moscow region themselves and the official media. Let's look at one of them:

Website of the newspaper "Versia", Article "A campaign to identify unregistered real estate has begun in the Moscow region"

In the Moscow region, work is in full swing to identify unregistered real estate properties. Owners of such buildings receive detailed advice on how they can properly register their property by registering it with the cadastral register and registering ownership rights to it.

It should be noted that work to identify unregistered real estate in the region began after a corresponding order from Governor Andrei Vorobyov. Today, the region is already testing a new automated system that allows aerial photography data to be superimposed on state cadastre information and verified with information from the Unified State Register and BTI archives.

Let us remind you that From January 1, 2017, the transition period ends, during which penalties for non-payment of taxes could be avoided. Next year, if Federal Tax Service employees find an “invisible house”, then pay property tax will have to be done in the last three years at once. In addition, the owner will also have to fork out a fine of 20% of the unpaid tax amount.

In the meantime, the authorities are trying to help law-abiding citizens as much as possible with registration of rights to real estate. “Many people don’t know what documents are needed for this and where to apply. At meetings, we explain to every resident who has not paid property taxes all these nuances,” said Deputy Minister of Property Relations of the Moscow Region Yuri Lavryakov.

Just the other day, representatives of the tax inspectorate, the regional BTI, the regional administration and the Ministry of Property Relations personally came to residents of Odintsovo, Istra, Krasnogorsk, Lyubertsy and other districts to hand them information letters and tell them in detail how to properly draw up real estate documents.

Owners who, even after receiving letters and clarifications, delay registration for more than six months, face fines and even demolition of illegal property - if the court recognizes it as unauthorized construction.

The need to put all matters related to real estate registration in the region in order is long overdue. Judge for yourself: according to statistics, today in the Moscow region there are on average up to 15–20% of permanent buildings that, according to official documents, simply do not exist. In some areas this figure can reach up to 40%. And this despite the fact that the region is in first place in the country in terms of real estate volume: in total, in the Moscow region there are 8.8 million apartments, houses, garages, which is 9% of the total number of all capital construction projects in Russia.

It is expected that based on the results of work to identify unregistered real estate, additional income to the regional budget will amount to about 1.5–1.8 billion rubles.

Alexandra Pimenova,
October 10, 2016

You can see the full version of the article on the Versiya newspaper website (link at the top in the title of the article), and we will continue to discuss.

At this time, the authorities are paying attention to real estate objects more than 50 m². Why? Yes, because according to the provisions of Art. 403 "" Tax Code, real estate with an area of less than 50 m² is not yet subject to tax. Let us take into account that we are talking about objects located on garden plots of land. There are no apartments, parking spaces and some other possible real estate items on the list.

Some defenders of “offended” gardeners are raising a howl about the actions of the authorities. They say they are taking away the land, depriving us of real estate, forcing us to sell it, etc. This can be read on individual websites and heard live from would-be defenders. And we will firmly stand on a different position: if you have something, and it is taxed, then you, as a citizen, are obliged to pay for it. Moreover, establishing order in the field of the state cadastre, recording real estate objects, and rights to them meet the interests of owners, protecting the latter from criminal attacks and the application of the rules for “fair” seizure of property by fraudsters.

Conclusion: Each gardener must make a decision himself, having sorted out his documents (executed and absent) and capital objects on the garden plot of land:
- either “sit in the bushes” and wait for a letter or a tax inspector to arrive in 2017 with a request to register a property, pay a fine for 3 years, or demolish an illegally erected building;
- or take measures yourself to prepare documents for real estate and pay tax for one year without penalties, fulfilling your taxpayer obligations to the state.

There are two more questions left: Which is better, a non-residential building or a residential building? What is the best way to prepare documents?

But there are no clear answers. Everything is very specific and depends on many factors. One thing is already indisputable: for a residential building and just a house (non-residential, building, residential structure) you will have to pay the same tax. If you don’t care whether you have amenities in your home or not, then you can register the building as non-residential.

Having an apartment in the city, people often do not bother about rebuilding their garden house into a full-fledged residential building, leaving the right to decide this issue to another owner, including their relatives or persons to whom they plan to sell (donate) the plot over time. But now you need to think through all the points that make your site and everything on it attractive not only in location, but also in functionality.

Let's look at the situation: Your attitude towards the ad will be positive if it says that the site is electrified, gasified, there is a water supply or a well, on the site there is a residential building (and not a shed, which you call home), a garage, outbuildings: a bathhouse , woodcutter, etc. Moreover, you will get a positive impression when you see all this and are shown fully prepared documents. All that remains is to agree on the price for the plot, sign the contract and redo the documents in your name. The running costs will be significantly lower.

Such a plot will definitely be more expensive than the neighbor’s with the same belongings, but without documents for these same belongings. Moreover, a residential building requires the possibility of obtaining permanent registration at the place of residence, and this, in turn, increases the cost of the plot.

There is one more point that needs to be taken into account. The fact is that if your garden plot of land is confiscated in accordance with emerging municipal or state needs (Chapter VII.1 of the Land Code of the Russian Federation), the amount of compensation will be determined in accordance with Article 56.8. "Features of determining the amount of compensation in connection with the seizure of land for state or municipal needs." And the presence of a document on the right to a real estate object with the type of object “residential building” will be quoted higher in the housing price market than just a “house” with a “non-residential” designation. The payment of compensation itself depends on the market value of similar housing in your region.

Finally, you can significantly reduce your energy costs by deciding whether to be a residential building or leave it uninhabited. The condition for reducing costs will be a concluded energy supply agreement in accordance with the requirements of the law between you, as an individual, and the energy supply company.

If you pay for the electricity consumed to the cash desk of SNT (another non-profit association), then there is a violation of the law. We will not examine this case of violation of the law. It is covered in detail on the page: “The theory of a direct energy supply contract for a horticultural association and for a gardener.” But let’s look at cases with direct energy supply contracts: For example, let’s take simple one-rate electricity tariffs in Kaliningrad in the second half of 2016 and their application to gardeners:

Comparison of electricity tariffs for categories of the population depending on the place of residence (registration of permanent residence) and the purpose of the building (house) in 2016.

Population category	Rate	Conditions of use
Urban population with gas stoves	3.79	The tariff applies to urban gardeners.
Urban population with el. stoves and (or) electric heating	2.65	The tariff applies to urban gardeners if, according to the documents for their residential building, they have electric heating or an electric stove.
Population. living in rural areas	2.65	The tariff applies to persons living (registered) in residential buildings in rural areas, incl. in residential buildings within the SNT (SNT is an element of the planning structure).
Population not living in rural areas	3.79	The tariff applies to all persons who have houses with a purpose (non-residential) and do not live in rural areas, including gardeners.
The concept of "rural tariff" does not exist. In fact, a reduction factor of 0.7 is applied to the basic tariff for urban residents with gas stoves.

To the data in the table we will only add that it will not be possible to register in a non-residential building. The registration authority will refuse such an adventure. And, therefore, get electricity tariff for the population living in rural areas is not possible.

It should also be recalled that gardeners, who pay for electricity to the SNT cash desk, will never achieve a tariff for the rural population, because the energy supply agreement includes SNT as a legal entity and the energy supply organization. There is not a single individual (gardener) in the agreement. And the legal entity does not live in a rural area. Can not. By the way, the tariff set for SNT is equal to the urban population with gas stoves. That is, this tariff is already preferential. Dr. legal entities pay more for electricity. In addition, to the tariff of 3.79, SNT adds electricity losses, which occur when it flows through SNT wires. So in one of the city SNT of Kaliningrad, the chairman set a tariff of 6 rubles per 1 kWh. Yes, this is illegal, just like payments for electricity to the SNT cash desk themselves. But in the absence of direct agreements between the sales organization and individuals - owners of garden plots, it is impossible to achieve a stable, without outages, power supply to the plots.

As we end this page, let us remind you once again that You must make the decision to formalize documents for a garden plot of land and all real estate located on it yourself, after weighing all the pros and cons. Only one thing is certain: time is working against you.. And we must not forget about civil responsibility. Here's what Franklin Delano Roosevelt said in his speech to Congress on January 6, 1941, called the Four Freedoms:

"... Many problems associated with our social economy require immediate solutions. For example: we must cover more citizens with old-age pensions and unemployment insurance; we must raise medical care to the appropriate level; we must create a better system, through which persons who need and deserve profitable employment will be able to obtain it.
I have called for personal sacrifice, and I am confident that almost all Americans will answer that call. Part of that sacrifice is paying larger amounts of money in taxes. In my budget message, I will recommend that a larger portion of our enormous defense program be paid for by tax dollars than is currently the case. No one should attempt or be allowed to profit from this program, and in framing our legislation we must always be guided by the principle of paying taxes according to one's ability to pay them. If Congress supports these principles, the voters who put patriotism above the interests of their wallets will reward you with applause."

There is no talk of raising taxes yet. People don't want to pay for what they already have. And this reluctance is fraught with unpleasant consequences for them. And everyone chooses the consequences, pleasant or not.

I constantly live in a holiday village. Do I have the right to convert a garden house into a residential one and register in it? If yes, where to go and what documents are needed?

Answer: Until recently, citizens did not have the opportunity to convert their dacha to the status of a residential building and register in it, although they could live there throughout the year.

When does a garden country house become residential?

To obtain residential status, your dacha must meet the following conditions:

availability of running water, heating and other vital communications;
absence of claims from third parties and legal encumbrances in the form of arrest and pledge;
location of the holiday village within the city limits.

At the same time, you have the right to convert a garden house into a residential one only if you are its exclusive owner. The reasons for this may be:

agreement of purchase and sale, gift, exchange, etc.;
certificate of inheritance;
commissioning certificate.

You can convert a garden house into a residential one in three ways:

through the court;
in local governments;
under the dacha amnesty.

Resolving the issue through court

The court has the authority to determine the possibility of recognizing a garden house as residential. To do this, you submit a corresponding application. Attached to it:

purchase and sale agreement, gift or other document of title;
act of commissioning, if the house was built at your expense;
copy of passport;
an inspection report of a residential premises confirming the presence of communications and other household amenities. You can draw it up with the participation of two neighbors and a representative of a dacha cooperative or gardening partnership;
receipt for payment of state duty.

During the consideration of the application, the court will determine that the premises actually have all communications and conditions for normal life. After which a decision will be made to recognize the garden house as a residential premises.

It is the basis for making changes to the State Cadastre. This responsibility falls within the powers of the cadastral authority Rosreestr.

Resolving the issue in local governments

In addition to the court, the suitability of a house for habitation can be determined by a commission consisting of representatives of the following institutions

local executive body;
fire inspection;
architecture and urban planning.

The site inspection and commission meeting takes place in the presence of the applicant. The decision to recognize a house as suitable for living is formalized in the form of an act signed by all members of the commission. This act is handed to the applicant and serves as the basis for registering ownership and registration in the house.

Before completing this procedure, you need to obtain a postal address. To do this, contact your local executive body with an application. Attach to it all legal and technical documents relating to the house and land.

A postal address is assigned to the property within 30 days from the date of application. Having received a document assigning an address, you must issue a cadastral passport for the house and register ownership. These actions are carried out by authorized bodies of Rosreestr. The last stage of your work is to obtain an extract from the state register confirming the transfer of the garden house from non-residential to residential.

Dacha amnesty

The dacha amnesty is a simplified procedure for registering ownership rights to dacha real estate and land, valid until December 31, 2020. Citizens can exercise this right:

those who received a plot of land by inheritance;
using the land plot indefinitely;
owning part of the territory that is owned by a dacha cooperative, vegetable gardening or horticultural partnership.

The dacha amnesty is applicable to buildings erected on land plots with such purposes as:

maintaining private household plots;
for gardening and gardening;
for the construction of dachas;
for running a dacha farm.

To transfer a garden house from non-residential to residential and register ownership of it, you will need:

passport;
technical plan;
cadastral passport;
cadastral plan;
technical certificate;
information confirming the right to use the land plot;
declaration (in the absence of the above technical documents);
application of the established form.

These documents are sent to Rosreestr, where they are checked within 30 days. At the end of this period, you will be issued a certificate of ownership of the garden house.

By purchasing a plot of land and a dacha outside the city, Russians can eventually convert it into a residential building and obtain permanent registration.

We will tell you what is needed to re-register a country property into a residential home, what methods can be used to re-register and what to do in case of refusal.

Necessary parameters of a dacha for recognition as residential

The procedure for re-registration of real estate is possible under certain conditions relating to the plot of land and the building itself.

Let us determine what characteristics the land should have:

The category of intended use of land must necessarily be “land of populated areas”. If the plot is classified as agricultural land, then re-registration is possible, but the intended purpose will have to be changed.
The land must belong to the territorial zone of residential buildings.
Possible types of permitted use: country houses and garden houses, private household plots. In the best case scenario, individual housing construction is exactly what the land will be re-registered in.

Please note that not all lands intended for summer cottages, gardening, farming, and vegetable gardening can be transferred to individual housing construction. The reason is that the lands may be municipal property.

The main document, which lists the parameters and requirements for residential buildings, is Resolution of the Russian Government No. 47, adopted on January 28, 2006.

Let us indicate what a residential building should be like:

The building should have the following premises: living room, kitchen, bathroom, shower room, restroom. Each region has a minimum size for premises. For example, the living area in the house should be at least 12 sq.m., the kitchen - 6 sq.m.
The ceiling height must be at least 2.5 meters.
The house must have communications: heating, water, electricity. There must be sewerage and ventilation.
The building must meet fire safety standards, as well as sanitary, environmental, construction, etc. requirements.
There must be documentation from the BTI for construction - a technical passport is enough. In some cases, a construction and technical examination is required.

Here are the main differences between a dacha and a residential home:

Country house	House
Temporary structure	Capital building
Seasonal accommodation	Permanent residence
Not in all cases it is possible to obtain registration	Registration is permitted, both temporary and permanent
May be located on agricultural lands	Located in a populated area
Communication is not required	Communication is required

Another important reason for converting a summer house into a residential building is the citizen's only place of residence.

If he has nowhere else to live, and registration is allowed at the dacha, then he has the right to register the property as his own - and re-register the dacha into a residential building.

List of documents for registering a summer house for residential premises

To re-register, you need to collect a documentation package, which includes:

Technical papers for a dacha, construction and land plot.
A copy of the title document.
Permission to re-register if the dacha is owned by other persons. Consent is provided in writing.
A document from local authorities confirming the transfer of land to a category suitable for residential construction.
A report issued by the Housing Commission confirming that the building meets the requirements of individual housing construction.
Project for a house if redevelopment was carried out.
Personal statement. It must indicate the purpose of the appeal. For example, you want to re-register your dacha as a residential property because you intend to live there permanently and are applying for permanent registration.
Copy of Russian passport.

These are the main documents that may be required.

A receipt for payment of state duty for cadastral work may be added.

How to convert a cottage into a residential building - step-by-step instructions

The re-registration procedure can be performed in two ways. Let's list them - and determine which option is best, and also indicate instructions for action for Russians who want to convert their dacha into a residential building.

1. Through the courts

Registration is much faster and less costly, since the initiator of the approval of documentation is not the applicant, but the authorities.

A citizen must act step by step:

Step 1: Prepare for the trial. It is necessary to collect documentation. If you don’t have any papers, get them from the appropriate authority.
Stage 2. Write a statement of claim with demands. You can contact a lawyer to help you draw up the document correctly. The application must indicate third parties and organizations that are interested in this issue.
Stage 3. Submit a claim and copies of documents to the court, located at your place of residence.
Stage 4. Participate in court proceedings. Think over the evidence base, justify your demands, then the court will be on your side.
Stage 5. Receive cadastral and technical documentation for the house.
Stage 6. Register your rights. Receive certificates of ownership - an extract from the Unified State Register of Real Estate.

2. Through the administration/local governments

The procedure is longer; there may be additional costs for cadastral work and coordination with authorities.

The citizen must follow the following instructions:

Step 1. Collection of the documentation package.
Step 2. Writing an application to local authorities.
Step 3. Receive a written response from administration representatives. The answer usually comes within 1 month.
Step 4. Re-registration of documents at the Cadastral Chamber. Usually a new technical passport is issued for the house.
Step 5. Registration of the document in Rosreestr and obtaining an extract from the Unified State Register of Real Estate, confirming your rights to the house.

Follow the instructions provided - then there will be no problems with re-registration.

Refusal to convert a dacha into residential premises - how and where to appeal it?

Of course, the refusals are all justified. The letter must contain a reason why the dacha cannot be converted into a residential building.

As a rule, a citizen can correct the shortcomings and apply again with the same request.

Refusal to transfer can occur in several cases:

The land plot does not meet the requirements; residential buildings cannot be erected on the land.
The dacha does not meet residential standards. For example, all communications have not been carried out.
The erected building did not pass approval from the fire, environmental and other services.
There are no title documents that could confirm the acquisition of land and buildings by the applicant.
The documentation has not been verified for authenticity.