Is it possible to register in SNT? Registration according to the law

If you still think that a plot in a gardening partnership is the notorious six hundred square meters with a small hut and a greenhouse, you are mistaken. Today, for many, this is a full-fledged country house with a landscaped garden area. One where you can easily live for a whole year, especially if the owner has his own personal car, and the city is just a stone's throw away. However, for permanent residence you need a registration - a documented link between a citizen of the Russian Federation and his permanent place of residence. But is it possible to register with SNT in 2017? Let us devote this article to answering this pressing question.

New legislation

Let us note that the opportunity to register in polling stations became available to citizens of the Russian Federation quite recently - in 2015. Before that, the answer to the question: “Is it possible to register in the SNT house?” - was negative. This confirmed the decision of the Russian Constitutional Court.

The law on the possibility of registration in dacha buildings began to be developed at the proposal of the Government of the Russian Federation back in 2011. In those days, all buildings in SNT were considered unsuitable for permanent residence, which is why it was forbidden to register in them. In 2013, a bill was already passed allowing citizens to choose a house in a gardening partnership as a place for permanent registration. However, there is one “but”: the building must be recognized by the competent authorities as suitable for permanent residence.

The main acts that should be relied upon when resolving the issue:

  • Housing complex of the Russian Federation.
  • Federal Law No. 66 "On vegetable gardening, dacha and garden associations of citizens."
  • Federal Law 5242-1.

It is worth noting that today the procedure for obtaining such a non-standard registration for many is still not streamlined. But we will still try to understand its nuances step by step.

Important Terms

Is it possible to build a house in SNT and register in it? As we found out, yes. First of all, you need to meet the following series of conditions:

  • Both the site and exclusively all the buildings on it must belong only to you, which must be confirmed by documents.
  • As a consequence of the first point, the site must be privatized. If it is rented from SNT, you will not be able to register on it.
  • You have no other registration. If permanent registration is present somewhere, then you will have to check out of that housing.
  • SNT refers to a locality, that is, it is located within its boundaries. If the house is built on land intended for agriculture, then it will be impossible to register in it.
  • The dwelling must be suitable for year-round living, meeting all the conditions set by law.

Suitability of the house for registration

Is it possible to register in SNT? What should the building be like? This is an individual residential building, as the law states, detached, no more than 3 floors high, in which only one family lives. The structure must also meet the following series of requirements:

  • The house must be capital. In other words, to have a foundation, main walls and interior decoration.
  • The building must not have damage that makes living in it impossible.
  • There must be all communications necessary for permanent living, whose condition complies with current sanitary standards. These are water supply, electricity and heating. The latter is also allowed in stoves. It is not necessary for the house to have running water. A well can also serve as a source of water supply. But only with a condition - the suitability of the water must be confirmed by the examination of Rospotrebnadzor. If you bring drinking water to the site from a pump, this is an obstacle to obtaining registration.

  • Gasification is a controversial issue. If it is carried out in SNT, then your house must be gasified to be considered suitable.
  • Continuous insolation (natural sunlight in the premises must meet certain standards).
  • Thermally insulated walls. Location on? Yes, if the indoor temperature of the house is a constant temperature of 18 degrees, and the humidity level is not higher than 80%.
  • Protection of residents from precipitation and adverse natural conditions is provided.
  • You have documents in your hands that confirm that the purpose of the site is gardening.
  • SNT belongs to a settlement with developed infrastructure - there are shops, pharmacies, post offices, etc.
  • The house must be registered with Rosreestr.

Obtaining permission to register

The question of whether it is possible to register in SNT is decided by local authorities. That is why the event should begin with the submission of an appropriate application to the local government authorities. The work of the latter at this stage will be based on Art. 23 of the Housing Code, dedicated to the transfer of premises from non-residential to residential.

To do this, you need, in turn, to do the following:

  • Obtain an expert opinion on the technical condition of the structure.
  • Receive a conclusion on the suitability of the building, which will be drawn up as a result of research by specialists from Rospotrebnadzor and the fire inspectorate. Your home must comply with all sanitary standards for residential premises and fire safety requirements.

Let's look further at whether it is possible to register with SNT in the Moscow or other region. With all the conclusions, you will need to contact the administration of the locality along with a request to recognize your house as residential. A special commission has been called upon to examine the documentation.

After analyzing all the opinions provided by you, a decision will be issued. The verdict can be either positive or negative. In any case, the document is equally important to you. Since if the administration refused to recognize the house as residential, you have the right to go to court with this decision.

Resolving the issue through court

If you receive a positive decision, then you can skip this point when determining whether you can register with SNT. But if you receive a refusal from the administration, then this document will be your reason for turning to the judicial system. Looking ahead, let's say that if you receive a refusal at a further stage, when you contact the authorities at the FMS, you can also achieve your goal with the help of the court.

The main document that will come to your defense will be Government Decree No. 46 of January 28, 2006. What to include in the statement of claim? A request to establish the legal fact of the existence of a real estate property suitable for year-round living. The case will be considered within the boundaries of special proceedings under Art. 131-132 of the Civil Procedure Code.

The court will have to order a construction examination, the results of which will be added to your case. If the judge makes a positive verdict, then in the future there will be no obstacles in your way, and to the question: “Is it possible to register in SNT?” - only a positive answer can be given.

Necessary documents for the court

Already in court you will need the following set of documents:

  • passport;
  • certificate of ownership of both the house and the plot;
  • technical passport for the building from the BTI;
  • cadastral passport of the building and land plot;
  • conclusion of the Fire Inspectorate and SES;
  • written refusal by local authorities to recognize the house as residential;
  • statement of claim;
  • if necessary, a power of attorney (if the business is not handled by the owner himself, but by his representative).

Now you know whether you can register at the SNT site.

Set of documents for the FMS

To apply for registration in the department, you will need:

  • completed standard application;
  • own passport;
  • certificate of ownership of the plot and house;
  • home Book;
  • an administrative decision or a court decision on the suitability of a home for year-round living.

FMS, MFC, "State Services"

Considering the question of whether it is possible to register in the SNT of the Leningrad region, Moscow or another, we will indicate several ways to apply for registration:

  • Through the Federal Migration Service. The main method. But be careful - the issue of registration here is resolved according to a certain schedule, since this is only one of the areas of competence of the organization.
  • Through MFC. You hand over the required set of documents to an employee of the multifunctional center. From this organization, documentation is sent for verification and registration to the migration service department. You receive the finished documents in 3-5 days at the same MFC.
  • Through the portal "State Services". You can fill out the application virtually by attaching scans of the required documents. In a few days, FMS employees will contact you and set a date and time for your visit to receive the completed document. You need to have the originals of all sources for scans with you. On the spot, you will be given a registration note in your passport.

Dates of the event

Registration registration itself usually takes 3-7 days. But registration on the territory of SNT is a specific phenomenon. You will need to spend time on:

  • home inspection by specialists;
  • construction expertise;
  • analysis of the documentation provided by the local administration;
  • research by sanitary inspection and fire safety inspectors.

From here, the entire procedure will take several months. It is difficult to give more precise dates here. Please note that in many cities intermediary organizations have established their activities, whose specialists will help you go through this procedure.

Registration fee

Registration registration at FMS offices has been completely free since 2005 under Federal Law No. 127 for Russian citizens. But at the stage of recognizing your garden house as a living space for year-round use, you will have to spend money. Depending on the region where you live (relevant for those who want to find out whether it is possible to register in SNT in Moscow), you need to be prepared to spend an amount of 30-100 thousand rubles.

Disadvantages of garden registration

Sometimes a garden house is the only place where a person can find the long-awaited permanent registration. In addition, the legislation allows not only one person, but also his entire family to register in such a home. However, both registration and permanent residence on the territory of SNT are fraught with a lot of disadvantages:

  • which you will have to pay has increased significantly since 2015. It is calculated based on the cadastral value of the property. Consequently, as soon as the latter is recognized as residential, its price will increase.
  • The infrastructure in the SNT territory is largely undeveloped: there is no medical care, interruptions in electricity and water supply. Educational institutions for children are far away. In addition, there are certain difficulties of winter living.
  • If you lived in Moscow, then by changing your registration to a garden one, you will no longer be a Muscovite, and at the same time you will lose various benefits and additional payments to which you were entitled as a resident of the capital.

Permanent residence in SNT brings with it a series of advantages - low cost of land and house, excellent environmental conditions, and the opportunity to run a household plot. But registering in a garden house is associated with a number of difficulties and is not cheap.