Construction without permission

From August 4, 2020, the permit to build a house was replaced by a notification. You need to notify government agencies twice: about planned construction and about completed construction. Detailed instructions for actions at all stages were written by a FORUMHOUSE member with the nickname IMHO. Following these instructions, many residents of our portal have registered ownership of their homes.

Those who have received a Construction Permit can skip the first two stages of the quest, but the next three are required for everyone!

Stage one: writing a Notice of planned construction/reconstruction

On paper you should write:

Full name and passport details and information about the place of registration (registration).
Cadastral number of the land plot on which construction or reconstruction is planned, information about the owner, type of permitted use.
Parameters of the future home.
“Oath promise” that you will not divide the house into apartments.
Contact address (electronic or postal).

The Notice of Intent must be accompanied by:

What is unauthorized construction?

The law gives a clear definition of unauthorized construction in Art. 222 of the Civil Code of the Russian Federation.

An unauthorized construction is a building, structure or other structure erected, created on a land plot that was not provided in the prescribed manner, or on a land plot, the permitted use of which does not allow the construction of a given object on it,
or erected, created without obtaining the necessary permits
or in violation of town planning and construction norms and rules.

A person who has carried out an unauthorized construction does not acquire ownership rights to it. It does not have the right to dispose of the construction - sell, donate, lease, or make other transactions. An unauthorized building is subject to demolition by the person who carried it out or at his expense, except for the cases provided for in paragraphs 3 and this article.

Otherwise, unauthorized construction in accordance with the current law - any structure up to a gazebo, veranda, shed, not to mention a barn, bathhouse, country house, etc.

The right of ownership of an unauthorized structure may be recognized by a court, and in cases provided for by law, in another manner established by law, for the person in whose ownership, lifelong inheritable possession, permanent (indefinite) use is the land plot on which the structure was created, while simultaneously meeting the following conditions : if in relation to the land plot the person who carried out the construction has rights allowing the construction of this object on it;

if on the day of going to court the building complies with the parameters established by the territory planning documentation, land use and development rules or mandatory requirements for building parameters contained in other documents;

if the preservation of the building does not violate the rights and legally protected interests of other persons and does not create a threat to the life and health of citizens.

Signs of unauthorized construction.

What can be seen in the wording of unauthorized construction? This is either construction on land not intended for the building, or construction without obtaining the necessary permit or in violation of building codes. In this sentence, you can discern three points that do not depend on each other and can each be applied on their own. A special role is played by what is highlighted in large font (“..or erected, created without obtaining the necessary permits..”) This is interpreted by many lawyers in different ways. Nevertheless, the literal meaning of this phrase is clear to everyone. For construction without permission, you can lose your property.

Stage two: we receive a Notification of compliance/or non-compliance

The notification must be received within seven business days, and by owners of plots in the historical zone - within 20 days.

You can be refused to issue a Notice of Compliance if:

the parameters of the future home do not meet the maximum parameters;
houses cannot be built on this plot of land at all;
The application was not submitted by the owner of the land plot.

IMHO FORUMHOUSE member

There are no other grounds for refusal.

If the applicant does not receive a Notice of Non-Compliance within seven working days, it will automatically be deemed to have been granted the right to build.

The validity period of the Notice of Compliance is 10 years. It is “inherited” by the new owner of the site. Sometimes it happens that during the construction process an irresistible desire arises to change the parameters of the object. In this case, you must submit the Notification again.

Stage three: send a Notification of Completion of Construction

Notification of completion of construction is submitted no later than one month from the date of its completion.

On paper you must indicate:

Full name and passport details, place of registration (registration).
Cadastral number of the land plot on which the house was built or reconstruction was carried out, information about the owner and type of permitted use.
That the house is not divided into apartments.
Address of how to contact you (email or postal).

What documents need to be attached to the Notification of Completion of Construction:

technical plan of an individual housing construction project or garden house (necessarily in paper form and on disk). Any CI will make it for an average of 5,000-10,000 rubles.
if it is shared ownership, then an agreement on shares. A sample can be found on the Internet.
a receipt for payment of the state registration fee (350 or 2000 rubles depending on construction or reconstruction).

This notification is also submitted strictly on paper:

in person to the local administration;
or through the post office;
or through the MFC.

The administration must respond no later than seven days.

How to legalize a built house on your own land without court

In 2006, when Federal Law No. 93 was adopted, which provided for the legalization of illegally erected structures according to a simplified scheme, citizens were given the opportunity to transfer residential buildings into ownership through an administrative procedure.

The law declares the necessary list of documents for legalizing a building:

Standard declaration (if the registered building does not require special permission);
Technical passport (for registered real estate);
Documents confirming land ownership;
Cadastral documentation for an unregistered plot, or a plot without a conclusion from a horticultural society on the boundaries of the building.

Important! In order to legitimize his rights to the erected structure, a citizen must provide permission to put the constructed facility into operation. It, in turn, is issued if a building permit is in hand.

Therefore, before you start registering a house on a plot of land, you must also provide documents to the land supervision authorities to obtain the necessary building permit. The package of documents on this issue must necessarily contain an application, a certificate of ownership of the land plot on the territory of which the illegal building was erected, town planning documents confirming the layout of the site, a plan diagram of the plot of land on which the residential buildings are located.

After receiving a construction permit, a set of documents is submitted for permission to put into operation. This:

Statement;
Documents establishing land ownership;
Urban planning documentation with a site plan;
Construction permit;
Official act of acceptance of the building;
Documentation confirming that the overhaul facility complies with all technical requirements of construction regulations, signed by the person who carried out the construction of the building;
Documentation confirming that the overhaul facility meets all technical requirements, signed by employees of the services operating the engineering structures of the building;
A plan diagram showing the location of the completed capital construction facility, various engineering networks and wiring on the site, as well as a diagram of the site itself.

Important! If your building consists of more than three floors, you must also have design documentation for the structure! According to the Town Planning Code, owners of buildings not exceeding three floors are not required to have such documentation.

However, even after submitting all the documents and collecting all the permits, you cannot be sure that the registration of the house after construction on the land will go well. Firstly, the registration procedure takes a long time. And secondly, based on Article 222, paragraph two, of the Civil Code of the Russian Federation, a person who erected a building illegally does not receive ownership rights to this building. Following the same clause, the object is subject to demolition and cannot be rented/rented or sold. However, the third part of this article assumes that the owner of a plot, who received it by inheritance, can challenge the ownership of an illegally constructed object in court.

When to submit a Notice of Completion

This point worries many developers who are in a hurry to legalize their property.

id280871FORUMHOUSE member

I'm practically having an existential crisis here. When is a house considered built? When they put it under the roof and fitted the doors, or when there is a floor and a ceiling and there is no scaffolding inside, and the lights are on and water flows from the tap?

The notification can be submitted at the stage that suits the cadastral engineer. Practice has shown that the best moment for this is when the frame, windows, doors and roof have already been built. Interior walls are needed to calculate the area of each room. The cadastral engineer must submit a copy of the Notice of Commencement of Construction along with a planning organization diagram of the land plot (SPOZU).

Stage five: sending documents to Rosreestr for cadastral registration and registration of rights.

The documents must be sent by City Hall employees no later than seven days after receiving the Notification of Completion of Construction, but if they hesitate, and this happens quite often, you can take the papers to the MFC yourself.

Good news for self-builders: a bill on extending and expanding the “dacha amnesty” has already been sent to the State Duma, and soon it will be possible to register a house as a property using a simplified scheme.

All approved notification forms are contained in Order of the Ministry of Construction of the Russian Federation dated September 19, 2020 N 591/pr “On approval of notification forms required for the construction or reconstruction of an individual housing construction project or garden house.” They can be downloaded and filled out.

What should the duty be according to law?

At the MFC you may be required to pay a fee of 2,000 rubles. In this case, it is good to have a printout from the Tax Code with you:

Section 333.33. The amount of state duty for state registration, as well as for performing other legally significant actions.

1. State duty is paid in the following amounts:

22) for state registration of rights, restrictions (encumbrances) of rights to real estate, contracts for the alienation of real estate, with the exception of legally significant actions provided for in subparagraphs 21, 22.1, 23 - 26, 28 - 31, 61 and 80.1 of this paragraph: for individuals persons – 2,000 rubles;

24) for state registration of an individual’s ownership of a land plot intended for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual garage or individual housing construction, or for a real estate object being created or created on such a land plot - 350 rubles.

Thus, only the amount of duty for reconstruction or transaction is 2,000 rubles. Armed with this important knowledge, many FORUMHOUSE users have been able to save big.

Here is the story of a portal participant with the nickname Sergei 134. He handed over the entire package of documents and a receipt for payment of the state fee in the amount of 350 rubles. Soon he received a call from the local administration, informing him that the package of documents was at the MFC, and he only had to pay an additional fee of 2,000 rubles. Sergey printed out the above excerpt from the Tax Code of the Russian Federation and showed it to the MFC employee.

Sergey 134

Member FORUMHOUSE

She started mumbling something about how everyone here pays 2,000 rubles for registration, and I’m so smart, I paid 350 rubles in total. And she also said: if you register, you will be the first to pay only 350 rubles, but most likely there will be a suspension.

After some time, Sergei’s new house appeared on the Rosreestr website with a cadastral number, area, information about the owner and cadastral value. He went and picked up a package of documents from the administration (here we omit the story about how documents were lost at the MFC and the administration and were found thanks to the magic phrase “let the prosecutor’s office now look for my documents”).

Sergey 134

In conclusion, I would like to say a huge thank you to this forum and a special thank you to all those participants who gave sensible answers to my questions.

Sergei told his friend who had to register the house about his victory over the system and gave him the same printout. At first, the MFC also demanded 2,000 rubles, then “they read it, whispered and took a receipt for 350 rubles.”

Yulia8kvartal Member of FORUMHOUSE

We also paid 350 rubles for registering the house and re-registering the land as our property. No one demanded 2 thousand, apparently, in your city this is intended for a fool, and you are the first smart one who caught them.

Voluntary registration of property rights

The first step is to register the finished property (self-construction). Without going through this stage, you cannot count on the loyalty of the judicial authority in the matter of obtaining property rights. Instructions for action depend on the status of the person (legal entity or individual). Below we will consider the situation when an object (bathhouse or garage) built on land for horticultural purposes is subject to registration.

See also: Safety rules for the construction of underground structures

The algorithm is like this:

We receive a technical plan from the cadastre authorities. The cost of preparing the document is about 10 thousand rubles.
We pay a state fee of 350 rubles. Money is transferred through a terminal or transferred to a multifunctional center.
We submit an application to the MFC (prepared by an employee) with a technical plan attached.
We expect it within 12 days. After this period, the structure becomes the property of the applicant or the authorized body refuses with explanation of the reasons

If the option of registering a house without a building permit does not go through, the issue is resolved with the involvement of a judicial authority.

To register an object as a land plot for individual housing construction or for running a subsidiary (personal) household, you will need a technical plan. It is issued only upon approval of the construction of the building.

How to register a land plot

If all the documents are in order, then registering a land plot is easy: you just need to write an application for registration of land rights and submit it to Rosreestr or the MFC. Here are the documents you need to attach to your application:

documents of title to the land plot: agreement (purchase and sale, exchange, donation, rent), certificate of inheritance, a court decision that has entered into legal force;
cadastral passport of the land plot.

This is an ideal situation. But there are also common ones that are included in the headlines of topics on our portal, like: “I only have a gardener’s book. Is it possible to register the land, build and live with this?” Answer: no, you can't.

DimkalabLawyer, consultant FORUMHOUSE

The membership book is not a document of title; if someone “sells” the land using the membership book, the buyer will not be able to become the owner.

The gardener's membership book only confirms that its owner is a member of SNT. It is not the basis for registering a land plot and not the basis for state registration of ownership of a land plot.

AlexslonForumHouse Member

The neighbors bought the plot in 1996, at that time it was common practice to purchase a “Gardener’s Membership Book,” which gave the appearance of transferring ownership of the land plot. Since then, they have regularly paid all payments in favor of SNT, worked out their work, etc. But all attempts to register the plot stall at the stage of collecting documents. They've been struggling for three years and can't get it processed.

To register ownership of a plot of land, you need a foundation document. You need to get it first, and one of the following documents will do:

resolution (decision, order) of local authorities on the allocation of a land plot;
the court's decision.

Dimkalab

If you want to privatize your plot, then you need to find the basis document (resolution on the allocation of land, decision, etc.), which can be ordered from the district archive.

Further, the FORUMHOUSE consultant recommends proceeding according to the following scheme:

order a cadastral passport of the plot from the Cadastral Chamber;
if the passport has not been registered in the cadastral register, then register it using the basis document;
Having received a cadastral passport for the land, register ownership and receive a certificate of ownership.

How to register a house without a building permit?

If you do not have permission, you need to come to the MFC and submit an application for a GPZU. The next step is to create a diagram of the land plot indicating the location of the building (an urban planning plan is used). As soon as this work is done, we submit an application for permission, scheme and GPZU to the multifunctional center. If successful, we move on to the next stage - we receive a technical plan, and after it an extract confirming the rights to build. If difficulties arise with the registration of the latter, the only solution is to appeal to a judicial authority.

How to recognize ownership of a self-built building through the court - instructions

Passing the considered algorithm is mandatory. This way you can make sure that it will not be possible to formalize the documents administratively. After receiving a refusal from the authorized bodies to register, you can go to court to protect your interests. Otherwise, the application will not be considered.

It is recommended that the claim include the following information:

The right to own or use land for rent. The application is confirmed by an extract from the Unified State Register of Real Estate. Plans for self-construction (cadastral and technical) will also be required. The cadastre engineer is responsible for issuing such documentation.
Information about the structure with reference to the technical passport. It is necessary to explain who was engaged in construction and during what period. This information is confirmed by receipts for the purchase of goods at a hardware store or an agreement with the contractor.
The grounds that served as the basis for the refusal to issue a decision by the authorized body. To confirm the words, a copy of the refusal document is attached.

See also: What should defrauded shareholders do when a developer goes bankrupt?

The second party (the defendant in the case) indicates the local government authority that is responsible for the “problem” land plot with unauthorized construction.

After filing and submitting the claim, a state fee is paid, the amount of which depends on the estimated value of the illegally erected building. To determine the price, special companies are involved in the work.

What documents are attached to the claim?

The following documents are submitted along with the statement of claim:

A copy of the claim and attachments for other hearing areas.
Information about the market value of the object (used when calculating state duty). Sometimes it is allowed not to indicate the price of the property, but an explanation (from a legal point of view) will be required. Otherwise, the statement of claim will not be used.
Papers confirming the existence of unauthorized construction (technical plan) and ownership of the land.
Documentation confirming the attempt to obtain pre-trial permission, with the refusal of the authorized bodies.
Receipt for payment of state duty.
Papers confirming the absence of violations of SNiP, risk to the health (life) of people and does not violate the rights of third parties. Here, technical construction expertise or inspection reports for special structures are often required.

Final Steps

Once the documents are collected, we look at the value of the property and decide with the judicial authority. If the price of the building is more than 50 thousand rubles, we go to the district court, and if it is less, we turn to the magistrate at the location of the property.

The final stage is the transfer of documentation to the MFC or Rosreestr. An application for state registration, a personal document (passport) and a decision of the judicial authority (there must be a mark on receipt of ownership rights) are submitted to any of the authorities. You will also need a registration certificate for unauthorized construction and confirmation of payment of the state duty.

Knowing how to legalize (register) a house without a building permit, you can do the work yourself or use the help of specialists. In the second case, the cost of the service is about 30 thousand rubles.

Let's sum it up

Despite all the assurances, registering a house without a building permit is no easier than with one. You need to go through all the stages of an intricate quest:

write a notice of planned construction or reconstruction;
within seven working days, receive a Notice of Compliance or Non-Compliance;
send a Notice of Completion of Construction. Make sure that the amount of the fee does not exceed that established by law;
receive a Notification of Compliance of constructed or reconstructed facilities;
if necessary, encourage the MFC and the administration to transfer documents to Rosreestr for cadastral registration and registration of rights.

It is clear that each situation has its own characteristics, but even taking these characteristics into account, you can always get practical advice from our consultants and experienced users. To do this, we recommend an excellent thread on our forum: Registration of a house on the lands of private household plots, individual housing construction - 2. You can also find out how to receive notification of the planned construction or reconstruction of an individual housing construction project without unnecessary hassle. Get acquainted with legal recommendations for purchasing unfinished property. Find out which dachas, from the point of view of cadastral chamber specialists, are dangerous to buy. Watch our video on how to optimize costs when building a house.