Hotel on a plot for individual housing construction

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> How to register a house on a plot: basic rules and recommendations

Issues discussed in the material:

• How to register a house on an individual housing construction site
• How to register a built house on an individual housing construction site
• How to decorate a house on a summer cottage
• How to register a house on a summer cottage if you have already built it
• How to register a house on a private plot
• Special cases of registration of a house on a site

If you have a plot of land, before starting construction, you need to study in detail the question of how to register a house on a plot of land in accordance with current legislation. If the land is privatized, legislators have simplified the procedure for registering a residential building. But the procedure remains quite complicated, since the preparation and submission of the necessary documents has many nuances, knowing which, you can avoid additional costs of time and money.

How to register a house on an individual housing construction site

If you have received a plot of land for individual housing construction and built a residential building on it, you must register it with the state. Until this procedure is completed, the house cannot be sold, donated, exchanged, or rented out.

Therefore, after construction, you should immediately start the paperwork process to register ownership of the house.

Currently, the Commissioning of a residential building is completed by the Bureau of Technical Inventory.

A visit from BTI technical specialists to your new home will be required to draw up a technical building plan and passport. They will inspect the new building and take the necessary measurements. Your next step will be to assign a personal address to your private home. An application for assignment of an address is submitted to the administration of your city or other locality. After this, you will need to obtain a cadastral passport and a building plan.

You should determine in advance the status of the land on which the house is built - whether there is permission for individual housing construction and a set of documents confirming this right.

The following nuances are taken into account:

• If your private house is built on a dacha or garden plot, you have the right not to register it in the cadastral database. A simplified scheme for registering property rights assumes that all the necessary information about the building is indicated in a declaration of the established form, which must be provided at the place of registration.
• If a house is built on a plot of land for individual housing construction for private farming, you can immediately register it in the cadastral register, after which you will be issued documents confirming ownership.

Before visiting Rosreestr you need to prepare the following documents:

Permission to put a private house into operation with subsequent registration of ownership can be obtained in the same place where you received permission to carry out construction work. The period for receiving such a document is no more than ten working days.

How to register a built house on an individual housing construction site

If you built a house without obtaining a permit for construction work, then upon completion of construction you will have to go through a procedure to legalize it. The procedure for registering such a building is determined by the Town Planning Code of the Russian Federation. The procedure can last several months and will require quite a large financial investment, especially if you have to use the services of a specialist.

There are three options for this case:

• Recognize the construction as legal in court.
• Obtain a building permit after the actual construction of the house. To do this, when applying for a permit, you do not need to report the construction, obtain the necessary document, and then hand over the object after a certain time.
• Submit an application to preserve the house to the commission for the suppression of unauthorized construction. If the decision is positive, you will be given a permit and all the necessary documents.

Once your building has been declared legal, you should begin the paperwork to obtain the property in accordance with the procedure described above.

Demolitions of hotels and long-term construction due to lack of building permits

Even if the constructed hotel complies with the rules and regulations, but a construction permit was not issued in advance, it can be demolished by a court decision. Moreover, demolition will be demanded from the owner at his own expense. There will be double losses. Examples of demolition of unauthorized buildings appear almost every month throughout Russia.

• August 2020. In the west of Moscow, in Solntsevo, an illegally built two-story hotel was demolished. The decision to demolish the unauthorized building was made by the district court. The owner ignored the decision, so the State Inspectorate took over the demolition.
• September 2020. In Samara on the street. In Alma-Ata, a hotel building, recognized by the court as an unauthorized construction, was demolished. The building was functioning and was connected to communications and electricity.
• February 2020. A four-story hotel in the village of Vityazevo, Anapa was demolished. The four-story building with an area of ​​over 2 thousand square meters was dismantled by court decision because the owner did not have permission to build it. The land was leased by the developer from the local municipality. The city administration discovered the violation and went to court, which ordered the building to be demolished and the site returned to its original appearance.
• March 2020. Demolition of a hotel built in the shape of a tree, House on the Tree, in New Moscow. Only recreational activities were allowed in the land plot. The land was not provided for the construction of the hotel, and no RnC was received. The State Inspectorate intervened, and the squatter building was dismantled.
• May 2020. Demolition of an illegally erected three-story hotel building with an area of ​​1.4 thousand square meters at the address Moscow, Simferopolskoye Highway, 3G. Through the court, the object was recognized as unauthorized construction. The owner was required to demolish the unauthorized building. The requirement was not fulfilled, and therefore the State Inspectorate for Real Estate of Moscow began demolition. The facility was connected to utility networks, and a gas station registration certificate was issued for the charge.

The costs of demolition are borne by the owner of the building, even if the State Inspectorate actually demolishes it, an invoice will be issued to the owner or tenant of the site. Funds can be recovered through court. The cost of the work amounts to millions of rubles, because the site needs to be cleaned and the area beautified. And in order not to find yourself in such a situation, you should obtain permission in advance. If you have permission to build a hotel, then there will be no problems with legalizing the construction.

Assistance in this matter is provided by lawyers, surveyors, designers and cadastral engineers. Based on the received GPZU, we will conduct engineering surveys and draw up a PPZU. We will approve the construction of a hotel in protected areas. We will develop and register design documentation in ISOGD. We will organize verification of documentation by an expert and Construction Supervision. We will solve problems with deviations from the project, as well as eliminate the causes of refusals and suspensions. We will submit an application to the Ministry of Construction and are guaranteed to receive a construction permit.

How to decorate a house on a summer cottage

After March 1, 2020, to register ownership of a house you will need:

• notify the local administration or Construction Supervision about the start of construction. Notification can be submitted through the MFC;
• start construction work;
• notify the relevant authorities about the completion of construction, also through the MFC;
• wait for a special commission that will issue a conclusion on the compliance of the new building with the requirements of the legislation on urban planning;
• If you receive such a conclusion, you need to provide it to Rosreestr and receive a document on ownership. If the commission does not consider it possible to issue a positive conclusion, it will be necessary to carry out reconstruction in accordance with the comments provided or completely demolish the structure.

Possible difficulties when registering country property:

• sometimes going to court significantly speeds up the protracted registration process;
• the data in technical terms may not correspond to the information already available in the Unified State Register of Real Estate;
• If the property was built a long time ago and there are no documents for it, registering ownership will take several months.

There are cases in which you will be denied registration of a building on a summer cottage:

• change in the legal status of a land plot - withdrawal from circulation or restriction of the right to use;
• land boundaries go beyond the cadastral red lines;
• discrepancies in the data on the boundaries of the site in the submitted documents.

Is it necessary to obtain permission to build a house on LPH lands 2019

Now you can make an architectural design for a house.” The architect recommends designing a residential building with a separate combustion room, which will have access to the street and a window for ventilation. This is a fire safety standard: in the event of a domestic gas explosion, the owners will lose the door and window in the furnace room, but the country house will remain unharmed.

After the construction of a residential building, it is necessary to prepare a BTI technical passport. It is not required to register a right, but it is useful in other real estate matters. Then obtain a building permit. Contact a cadastral engineer and order a technical plan for the house.

But in fact, due to the fact that registration according to the declaration was canceled, cadastral registration became more difficult. Now, for construction projects on lands for individual housing construction and private plots, technical plans are drawn up, registered, and then property rights to them are registered.

If the ownership of a property is not registered, it is an unauthorized construction.

If you have already built a house on a summer cottage, how to decorate it

If you built a house on your summer cottage without obtaining permission, then you have no legal grounds to consider it your property. Only after you have registered your right of ownership with the appropriate service and your country house has been assigned a cadastral number, you will be able to perform various actions with it: sell, exchange, donate, inherit, insure and use as collateral.

In 2006, legislators passed a law called the “dacha amnesty.” Unauthorized developers of summer cottages now have the opportunity to register ownership of unregistered real estate using a simplified version. The latest changes introduced by Federal Law No. 36-FZ of February 28, 2018, allow you to take advantage of the simplified registration procedure until December 31, 2020.

However, the simplified procedure for registering land plots and real estate, in force before these amendments, ended on March 1, 2019. The new procedure requires more documents, and registration of rights now takes place through a notification procedure.

Also, the simplified procedure has been expanded for those citizens who have unregistered real estate and land plots received before the date of entry into force of the Land Code of the Russian Federation - October 1, 2001.

The law on “dacha amnesty” until 2020 expands the required package of documents. Now, to successfully register real estate, you will need:

• application for registration of ownership;
• a document confirming the right of ownership of the property (a document on the possibility of indefinite use of land, a purchase and sale agreement, a certificate of inheritance);
• house plan, for which you should contact the Bureau of Technical Inventory. A cadastral engineer will come to your site to take the necessary measurements. Then, within 10 working days you will be given the relevant documents. The cost of this service ranges from 7,000 to 15,000 rubles;
• receipt of payment of state duty in the amount of 350 rubles.

To submit documents you can currently use:

• official website of Rosreestr;
• email;
• Multifunctional center (MFC);
• Russian Post.

There are restrictions when registering real estate in garden non-profit partnerships (SNT), dacha non-profit partnerships (DNP):

• the building can have no more than 3 floors;
• the height of the house must be less than or equal to 20 meters;
• the distance from the building to the boundaries of the site should not be less than 3 meters.

If you have not completed all the paperwork for your property in advance, you will have to obtain permission in order to have the right to use the house. You will need to prepare a list of documents:

• land and house plans;
• design documentation;
• engineering communications diagrams;
• documents confirming the construction’s compliance with technical standards.

How to register a house on a private plot

When erecting a building on a personal plot, certain difficulties may arise with its registration. Without property rights formalized in compliance with the entire procedure, you will not be able to dispose of your property: sell, rent, give, inherit, or even simply live in it.

If you decide to build a house on land allocated for personal plotting, you need to carefully study the list of all the requirements that the building must meet and the list of necessary documents:

1. a private plot of private plots can be purchased;
2. can be rented from the land owner;
3. can be obtained free of charge from regional authorities if:

• you have been recognized as low-income;
• there are group 1 disabled people in the family or there is documentary evidence that you need to run a subsidiary farm;
• you are raising more than three minor children (your family is recognized as having many children).

The legally established area of ​​plots for personal plots is 5 hectares, but by decision of regional authorities it can be increased to 20-25 hectares.

How to register a house on a private plot

The legislation of the Russian Federation prohibits the construction of real estate without special permission.

If you first build a house and then decide to register it, then there is a high probability that regional authorities will refuse to obtain ownership rights to such a building and recognize it as unauthorized construction. After this, you will receive an order to demolish the illegally built house.

To easily obtain ownership of housing built on a private plot of land, you should:

1. obtain a building permit;
2. build a house with the involvement of construction organizations or on your own.
3. prepare a list of technical documents and an application for registration of a new building and submit them to Rosreestr.

Within ten days, your application will be reviewed and you will be notified accordingly.

If you have land received for personal plotting and you want to build a house on it, you are required to:

1. Obtain a building permit. To do this you should:
   Contact the administration of the locality to which your private plot belongs.
2. Provide documents confirming your ownership or ownership of the land, such as a purchase and sale agreement or a land grant deed from the municipality.
3. Attach urban planning plans for the land plot. They should be requested in advance from the land department of the local administration.
4. Present the proposed construction scheme. The necessary diagram can be obtained from the construction organization that will be building your house.
   Your appeal will be considered by the administration within one to two months, after which an official response will be issued.

   If you want to start construction at the same time as submitting an application for permission, there is a risk of being refused. In this case, your building will be recognized as an unauthorized construction, and you will be forced to demolish it.

5. Conclude a contract for the construction of a house with a construction organization. The legislation does not prohibit the construction of private houses on their own, without the involvement of contractors.
6. After the house is built, you need to prepare a list of documents for registering ownership.
7. Pay the state fee, the amount of which is regulated at the federal level.
8. Submit the prepared set of documents and a receipt for payment of the state duty to Rosreestr. The owner of the land must personally contact Rosreestr and fill out an application to register ownership of the constructed property.
9. Wait for the scheduled examination, which is scheduled after submitting an application for registration. A commission of technical specialists arrives at the constructed facility at a predetermined time and carries out an expert inspection of the structure built on a private plot, after which it issues an appropriate conclusion.
10. Obtain permission to register or refuse. For this, Rosreestr is given 10 working days.

If you receive a positive response from Rosreestr, you should:

• write a statement recognizing the object as property;
• obtain a certificate of ownership;
• register in a built house.

If you do not provide Rosreestr with the following documents, you will be denied registration of your house:

1. Documents confirming your ownership of land intended for personal farming: an act of transfer of land from regional authorities, a purchase and sale agreement, a lease, a certificate of gift, etc.
2. A building permit obtained in advance from the administration of your locality.
3. Technical plan.
4. Certificate of completion of construction work and acceptance of the property - in the event that the construction of the house was carried out by a construction organization.
5. Receipt for payment of state duty.
6. Passport of the owner of the private plot.
7. A declaration in which you provide the following information:

• total and living area of ​​the property;
• house address;
• the main purpose of the constructed facility, for example, for permanent residence by a family or recreation in the summer;
• description of utility networks;
• characteristics of the material from which the external walls are constructed;
• additional description, for example, indicating the number of rooms and floors, the presence of an attic, basements, etc.

The declaration is submitted in two copies.

Currently, the state fee that you must pay for registering ownership of real estate on a private plot is 2,000 rubles.

You will also have to pay a state fee of 400 rubles to obtain an extract from the Unified State Register of Real Estate. If you also register ownership of private household plot land, you are required to pay a state fee of 350 rubles.

So, if you are the owner of a private plot, have submitted the necessary set of documents to Rosreestr, paid the state fee and received all the necessary permits from the local administration, you have the legal right to registration, permanent or temporary residence in a built house on your plot.

Guest house on a personal plot

The advantages of this business idea lie in the high demand for such services and the relatively small start-up capital required to organize it. The number of floors and area of ​​guest houses, the number of rooms and rooms in them is practically not limited by law. It all depends on what you have. In most cases, guest houses are located in low buildings (from one to three floors). The average area of ​​a guest house is about 300 square meters. meters.

Since initially the main goal of guest houses was to make a profit by minimizing the costs of maintaining the household itself and servicing its guests, their legal status is significantly different from conventional hotels. For example, guest houses do not need to be assigned a hotel class (number of stars) and approved by regulatory authorities; sanitary and epidemiological standards are not prescribed for them and there are no corresponding requirements. They are taxed at reduced rates compared to regular hotels. The exact amount of tax deductions will directly depend on the size of your guest house. On average, if you officially register for taxes, you will spend up to 60 thousand rubles monthly.

Of course, for a novice entrepreneur this amount can be quite significant. It includes land tax (deducted every six months), a single tax on imputed income and wage tax, deducted monthly. Add to this the need to regularly submit returns to the tax office and keep accounting records. It’s good if you have the relevant knowledge and, no less important, free time to do all this yourself. If you have neither one nor the other, you will have to seek help from a specialist.

An experienced accountant will save you from possible problems in the future, but his services must also be paid for. The cost of an incoming accountant's services will range from 6-12 thousand rubles per month, depending on the region, the size of the business, the form of taxation and other factors. And yet, no matter how great the temptation to save money, working “in white” has a number of undoubted advantages.

Benefits of registering a guest house

• Carry out cashless payments with your visitors
• Install terminals for accepting payments for mobile communications, etc., on the territory of your guest house,
• Work with legal entities - suppliers, contractors and agencies.

As your guest house expands, you should think about registering a legal entity, which will allow you to reach the level of a full-fledged hotel. However, in this case, you will already need to undergo a certification procedure according to the hotel standard. The standards establish the procedure and methods for planning to improve the quality of service at all stages of the guest cycle, and determine the requirements for means and methods for monitoring and assessing the quality of service. The main target of quality service systems is aimed at compliance with ICO 9000 standards, which at the interstate level define quality requirements in accordance with international standards. To pass certification, an appropriate material base of the hotel enterprise is required, qualified personnel who will fulfill their professional duties, a rationally justified organizational and functional structure, clear management of the enterprise in general and service quality management in particular.

In accordance with the Law of the Russian Federation “On Certification of Products and Services,” certification is a set of actions and procedures for recognizing and confirming the compliance of services with the imposed (established) requirements. These compliance requirements are established by GOST 28681.0-90 “Standardization in the field of tourist and excursion services. Basic provisions"; SNiP 2.08.02-89. “Public buildings and structures”, Rules for the technical operation of hotels and their equipment, Law of the Russian Federation “On Safety”, Rules for the provision of hotel services in the Russian Federation, GOST R 50645-94 “Tourist and excursion services. Classification of hotels", Fire Safety Rules in Russia PPB-01-93. State standard of the Russian Federation (GOST R 50645-94) “Tourist and excursion services. Classification of Hotels" defines a hotel as "an enterprise intended for temporary residence." Its requirements apply to hotels with a capacity of at least ten rooms.