The legislation of the Russian Federation is quite strict and requires the registration of citizens by introducing the institution of registration at a specific address. In case of violation of these legal requirements, a citizen faces a fine of 2 to 5 thousand rubles.

Since not everyone can afford to buy or rent an apartment, many are thinking about an alternative. And in this situation, people are increasingly thinking about a garden house on several “hundreds” of land received from the Horticultural Non-Profit Partnership (SNT) and previously used for growing vegetables or fruits.

Back in 2011, the Constitutional Court of the Russian Federation, by its resolution, allowed citizens of the Russian Federation to register in gardening partnerships, regarding the previously existing ban as violating the rights of citizens.

True, in order to register in SNT, a number of conditions must be met.

What is needed for registration in SNT

First of all, 3 conditions must be met:

• it is necessary that the land plot on which the building is located is owned by a citizen, and there are documents for this;
• the gardening partnership itself is located within a locality, rural or urban, it does not matter whether it has a cadastral number;
• the building on the site in which the citizen plans to register must be recognized as residential.

To be recognized as residential, a building on a land plot must meet the following requirements:

• the presence of a solid foundation and the absence of any damage to the structures of the house, primarily, of course, load-bearing ones;
• the house must be equipped with all utilities to be recognized as residential - a network of water supply and sewerage, heating, ventilation, electricity, gas supply (subject to the presence of main gas pipelines nearby);

• all of the above engineering systems must meet the safety requirements for such structures, as well as comply with sanitary and hygienic standards;
• the foundation must be sufficiently reliable to prevent groundwater, melt and rainwater from entering the home;
• fire safety standards must be observed;
• rooms must meet solar lighting requirements, and the level of noise, electromagnetic radiation and exposure to harmful substances must comply with existing requirements and standards.

How to register

So, you have firmly decided to register in a country house on your site. In this case, your first steps should be to obtain a document recognizing the building as suitable for permanent residence.

To do this, it is necessary to order a special examination, and then submit an appropriate appeal to the authorities with a request to recognize the building as residential.

Having received this document, you can contact the State Migration Service.

You will need the following documents for this:

• original and copies of passport;
• an application on behalf of the applicant (if a legal representative is acting on his behalf - a notarized power of attorney);
• documents confirming the suitability of the building for permanent residence;
• documents confirming ownership of the land plot and the building located on it;
• technical documents from BTI;
• in some cases additional paperwork may be required.

If the answer to this question is positive, the citizen will be registered at his new address in SNT within 3 to 7 working days. This service is free.

But what to do if there is a refusal?

Judicial procedure for registration in SNT

Refusal can occur at 2 stages of work on registration in SNT:

• when applying to local authorities for permission to recognize a building on a garden plot as residential;
• when applying to the Federal Migration Service for registration in the SNT.

If you feel you are right in both cases, you can file a lawsuit against the actions of government agencies.

If a hitch arose in the first case, the court will definitely order a construction examination to determine whether the building in the SNT should be recognized as residential or not. If the court recognizes the building as suitable for permanent residence, you can breathe freely - not only the local government body, but also the FMS does not have the right to register you in the SNT.

In general, the procedure is similar in case of refusal of registration by the FMS authorities, if the construction examination and the court recognize the building proposed for registration as residential, the migration service will no longer be able to refuse.

The following documents will be required for the court:

• documents confirming ownership of the land and house;
• technical passport from BTI;
• statement of claim;
• conclusion of the structures that recognized the house as residential - an examination report, Fire Inspection and SES;
• written refusal from local authorities or the Federal Migration Service.