When moving for permanent residence outside the city, a person is often not prepared for the fact that his free life on earth will be regulated by hundreds of laws, regulations, regulations, etc. Often the owner of a country house cannot receive some services and preferences and spends unnecessary money simply because he does not know his rights.

We will try to fill this gap: a lawyer answers questions that often arise for people who have chosen to live outside the city Vasily Gutsev(Yaroslavl).

How to register in SNT and what documents are needed? How to register if the site does not have an address, and what other difficulties are possible? What to do if the FMS refuses registration - where to go next? Can the lack of a house register be an obstacle to registration?

Vasily Gutsev lawyer, FORUMHOUSE moderator

As explained by the Federal Migration Service, territorial bodies of the Federal Migration Service of Russia register at the place of residence of the owners of residential buildings and members of their families upon receipt from them, along with applications for registration in the prescribed form and passports identifying them, court decisions recognizing the residential buildings they own as suitable for permanent residence, which have entered into legal force, or orders of the heads of local administrations on the recognition of these residential buildings as suitable for permanent residence.

This is due to the fact that by decisions of the Constitutional Court of the Russian Federation dated April 14, 2008 No. 7-P and June 30, 2011 No. 13-P, the ) paragraph two of Article 1 of the Federal Law “On gardening, gardening and dacha non-profit associations of citizens.” Namely, the part where the possibility of registering citizens at the place of residence in their ownership of residential buildings that are suitable for permanent residence and located on garden plots belonging to the lands of settlements or agricultural purposes is excluded.

Thus, for registration you need:

1. statement;
2. passport (identity document);
3. documents confirming the right to a residential building (confirmation of the suitability of a residential building for permanent residence may be required).

In reality, the situation is more complicated; local FMS authorities may put forward additional requirements, which, however, are not legal. For example, it may be necessary to assign an address to a house (and not a plot of land) - this is done by the settlement administration. If the house was initially assigned a site address according to the declaration, after receiving the resolution on assigning the address, changes will have to be made to the State Property Code and the Unified State Register.

The situation is similar with the house register. Its absence is not a legal basis for refusal, but... it can be easier to buy a house book for 30-50 rubles.

If the FMS refuses, there are, as always, two ways: to the court or to higher authorities and the prosecutor's office.

Nobody bothers you to use both options at the same time, but often challenging the FMS refusal in court turns out to be a faster and more effective way.

The issue of registration in SNT is discussed in detail in the topic. They shared their experience of registering with SNT at FORUM HOUSE Shine (), Amina08 () Temavech() and many others.

How to register a house built without a building permit (we bought a plot with an old house, demolished it and built a new one).

If the old house is on the cadastral register, and the title to it has been registered, then first it is worth registering the fact of demolition of this house. This is not difficult, just call a cadastral engineer who will draw up the appropriate act, and on the basis of this act it will be possible to remove the house from the cadastral register.

Sometimes, for a number of reasons, it can be advantageous to present new construction as a reconstruction of an old house. In this case, however, the opportunity to register a house under the dacha amnesty is lost (if the case occurs on the lands of individual housing construction or private household plots).

You can read about some of the nuances that arise when demolishing an old house and building a new one in its place in the topic “”.

The easiest way to register ownership of a newly built house is through the “dacha amnesty”, especially since the procedure for obtaining permission to put into operation for individual housing construction is now virtually absent.

You can learn about the features and possible pitfalls of this procedure in the topic “”. At the same time, we should not forget that according to our legislation, a house built on the lands of individual housing construction (LPH) without obtaining permission for it is an unauthorized construction, even despite the registration of ownership, and therefore can be demolished if there are compelling reasons for this. Taking into account the cost of the house, prudent developers receive an urban planning plan for the land plot and a building permit. Although, according to the law, these procedures are not at all complicated, in practice, as is usually the case with us, you often have to prove your case “with a fight.” Forum users talk about this in the topics “” and “”.

A house built on individual housing construction (LPH) lands without obtaining a building permit is an unauthorized construction, even despite the registration of ownership.

The dacha amnesty has been extended until 2018. Who will it affect? On what types of land plots will individual housing construction objects be registered under a simplified procedure? What will change?

The “Dacha Amnesty” was extended until March 1, 2018 by Federal Law No. 20-FZ dated February 28, 2015. The changes affected only the establishment of a new deadline for the end of the dacha amnesty; everything else remained the same.

If the house is built on land with the VRI “gardening” or “for dacha farming”, then a declaration submitted to Rosreestr is sufficient. If the house is built on the lands of settlements with VRI individual housing construction or private household plots, then you will first need to register the object for cadastral registration, for which you need to order a technical plan from any cadastral engineer.

- Is it possible to use maternity capital to renovate a country house for permanent residence (house - dacha in SNT)?

Vasily Gutsev lawyer, FORUMHOUSE moderator

An important circumstance in this case is not that the house is used as a dacha in SNT, but another criterion - whether or not there is a building permit, and whether the house is an individual housing construction project. Without a construction permit, maternity capital cannot be used. And since, in accordance with paragraph 17 of Art. 51 of the Town Planning Code of the Russian Federation, for construction (reconstruction) on lands with the type of permitted use “for gardening” or “for dacha farming” a building permit is not required, the authorities usually refuse to issue permits in such cases. However, you can always try to obtain a construction permit in court, although without a 100% guarantee of success.

There is, however, a workaround: you can try to get maternity capital not for the construction (reconstruction) of a house, but to compensate for the costs already incurred for the reconstruction of the house. In this case, the courts may also side with citizens. He talks about one such case doxtor02 in the topic “”, and in the opinion of the Pension Fund, in this case, work on the reconstruction of the individual housing construction project is being carried out.

What is needed to build a house using maternity capital? Are there any requirements for the construction organization (in particular, should they have an SRO)? How should the land be registered - SNT, individual housing construction, private plots?

Let's start with the fact that the category of land and the type of permitted use do not directly affect the receipt of maternity capital. However, there is an indirect effect: to use maternity capital, you need permission to build a house. Since, in accordance with paragraph 17 of Art. 51 of the Town Planning Code of the Russian Federation, for construction (reconstruction) on lands with the type of permitted use “for gardening” or “for dacha farming” a building permit is not required, the authorities usually refuse to issue permits in such cases.

Therefore, those wishing to receive maternity capital for construction on lands “for gardening” will most likely encounter difficulties that will have to be overcome in court. However, this is more relevant for those who want to receive money for future construction. Those who, after registering ownership of a residential building, want to receive compensation for the costs of building a house, do not need a building permit. The main thing is that the right is registered specifically for a residential building.

The list of documents required to obtain maternity capital can be found on the Pension Fund website.

Basic documents for obtaining maternity capital for building a house:

1. a document confirming the right to a land plot and issued to the owner of the certificate or his spouse;
2. a building permit issued to the certificate holder or his spouse;
3. a notarized obligation to register residential premises as common property;
4. certificate of bank account details;
5. a construction contract (if construction is carried out with the involvement of a construction organization) or a document confirming the completion of the main work on the construction of a house (such a document is issued by the body authorized to issue construction permits).

The law provides for two options for building a house: with or without the involvement of a construction organization. If you build on your own, without involving a construction organization, then maternity capital is received in two stages: up to 50% can be received before the start of construction, the balance of maternity capital can be received no earlier than 6 months after providing evidence of completion of the main work on building a house (installation of the foundation , construction of walls and roofs). If you build with the involvement of a construction organization, then maternity capital can be received immediately in the full amount.

The rules for allocating funds (part of the funds) of maternal (family) capital to improve housing conditions (approved by Decree of the Government of the Russian Federation of December 12, 2007 No. 862) do not establish any requirements for construction organizations that are involved in the construction of a house, including There is no possibility of refusal if the contractor is not a member of the SRO.

Violation of the law (in this case, urban planning) by the contractor is the basis for holding the contractor liable, but not the customer.

You can always obtain maternity capital to compensate for the expenses incurred on building a house, but in this case you will need a copy of the certificate of state registration of ownership of an individual housing construction project that arose no earlier than January 1, 2007. In this case, instead of a construction contract or evidence of the completion of basic work for construction, you will need to provide a certificate of registration of ownership of an individual housing construction project.

These and other issues related to the use of maternity capital are discussed in the topic “

The main regulatory document that should be studied: “Rules for technological connection... approved by Decree of the Government of the Russian Federation No. 861 of December 27, 2004, as amended by Decree of the Government of the Russian Federation No. 219 of March 13, 2015.” What to do to get a technological connection from March 2015 is discussed in the topic.

If a network organization refuses to connect to an “individual,” you will have to fight—either in court or with the antimonopoly service. How to do this is described in detail in the topics and.

- Is it possible to keep livestock (pig, cow, goats), poultry and bees at the dacha?-- This issue is left to the discretion of local governments, so you need to look at what is accepted by the local authorities in each specific case. Also at the regional level, regional standards may be adopted that establish requirements for the placement of outbuildings. It should not be forgotten that, in addition to these rules, there are sanitary and veterinary-sanitary norms and rules that must also be observed. Employees of Rospotrebnadzor can establish the fact of violation of sanitary norms and rules.

FORUM HOUSE contains publications and topics on the topic (what you can count on, what is worth fighting for, how to do it). Watch a video about how to build a country house for little money and in a short time. If you have been dreaming of moving for a long time, but have not yet been able to make your dream come true, watch a video on how to remodel a city apartment into