Home » Individual Housing Construction » Apartment building on an individual housing construction plot
January 24, 2020 No comments
Land plots located within the Russian Federation are divided into categories in accordance with their intended purpose. This is stated in Article 7 of the Land Code of the Russian Federation.
The intended purpose of a separate category is associated with the inadmissibility of using it for other purposes.
One of the types of permitted use of land plots located in settlement lands is individual housing construction (IHC).
In 2020, the law on “dacha amnesty” was extended, which allows the construction of housing facilities in such territories according to a simplified scheme, i.e. no need to obtain a building permit.
Also, a simplified procedure for registering rights in the Rosreestr service applies to such buildings.
According to the law, there are rules for individual houses on IZH land plots. Such lands provide for the placement of only low-rise buildings. But now the construction of apartment buildings on them is becoming more and more common, which is not permitted by current regulations.
Possibility of using plots
According to the norms of the Land Code of the Russian Federation, a separate land plot is provided for the construction of a residential building.
It is usually located within a populated area (rural or urban settlement).
The owner of the land can build a house on an individual housing construction plot of no more than 3 floors and no higher than 20 meters; the area of the house cannot exceed 1,500 square meters.
In accordance with paragraph 39 of Art. 1 of the Town Planning Code of the Russian Federation, an individual housing construction facility consists of rooms, as well as auxiliary premises (corridors, storage rooms, etc.), which are intended to satisfy household and other needs of individuals.
Residential buildings on such plots cannot be divided into independent real estate units.
Legal grounds
By virtue of the regulations of Art. 39.18 of the Land Code of the Russian Federation, citizens are provided with lands that are in municipal or state ownership.
Plots are allocated to citizens for the following purposes:
- For the construction of a low-rise individual residential building;
- maintaining personal subsidiary farming within the boundaries of the settlement;
- for gardening, gardening, farming.
The issues of providing the population with plots of land for the construction of private houses are regulated by the instructions of Art. 16.4 of the Federal Law of July 24, 2008 No. 161-FZ “On promoting the development of housing construction.”
This law defines the principles for the development of private development, the development of territories in the real estate market and the formation of affordable housing for Russian citizens.
#5 08.12.2008 11:26:49
Re: The term “well-appointed premises”
In two apartments with different numbers of utility consumption devices (for example, water) - the number of bathtubs, sinks, toilets, etc. — there will be different volumes of consumption, which will affect the calculation of the standard consumption of this water, which is what Resolution 306 provides for. In fact, there is water in both apartments, but the degree of improvement in them is different. You are confusing “improvement” with “degree of improvement.” Landscaping means the presence or absence of public services in principle. The question is, with what utilities can the premises be considered comfortable? So it’s still a bad example.
Apartment building on a plot for individual housing construction
Negligent construction companies are engaged in the construction of multi-apartment residential buildings on lands for individual housing construction for profit. But this is a serious violation of legal requirements.
Some developers are hiding the built Moscow Ring Road as private residential buildings or houses of blocked development. Even if it is possible to register ownership of these objects, it can be challenged in court based on a claim from citizens whose interests are violated by the erected building.
An examination is ordered by the court, during which it is determined whether the constructed building is an apartment building. In case of violation, an order is issued against the developer regarding the violation by constructing a real estate object that does not correspond to the type of permitted use of the land plot.
In fact, most often the plaintiffs in a claim to eliminate a violation of their rights are the owners of neighboring plots that are being disturbed by ongoing construction work.
In addition, if a large number of residents will live in the constructed building, then many cars may be located in the local area.
Even if the developer is able to resolve controversial issues with the owners of neighboring plots, problems may arise with connecting the house to utility networks.
Those. the conditions for supplying communications usually contain power parameters for supplying one family. Therefore, they will not be enough to provide a large building in which several apartments with residents will be located.
In an apartment building located on land under individual housing construction, power outages may occur due to power supply overloads.
These circumstances may make it impossible to live normally in a residential area.
Is it possible to build?
Thus, the construction of an apartment building on an individual housing construction plot is not permitted.
What to do in a situation where construction work has already begun, but the developer has not taken into account the purpose of the land, or to persons who intend to build an apartment building on this site?
There are two options:
- Try to change the type of permitted use of the land. To change it, you need to prepare a set of documents and draw up an application in the prescribed form to the local government authority.
- Register the constructed property as a separate premises, and not as an apartment building. But, given recent practice, this is quite difficult to accomplish.
Conversion of a residential building into an apartment building
Hello, please tell me what is the best way to proceed. A house for 4 owners with a separate entrance and gas and electricity supply, stands on land leased from the state. There was land delineation, but the tax only comes to our apartment. In order for the land tax to come to all owners, the house needs to be converted into an apartment building. The question is this: we have self-development in the form of an extension to the house. And a separate garage and a bathroom. What is the best thing to do, first remove the squatters, and then convert the house into an apartment building or vice versa. And how to remove self-building?
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The tax office sent us to the cadastral chamber, and there they told us to change the status of the house. In the BTI we are listed as a private house. And our address has a house number and an apartment number. So they can’t sort out our house or apartment... We did the land surveying, so the tax comes only to us for the entire 18 acres on which the house and the land adjacent to it stand. And what should we do with all this “wealth”? We don’t know? What is a simple way to remove self-building?
Construction of a house without permission
As a result of the construction of an apartment building on land for private housing construction, an unscrupulous developer may be held accountable in accordance with current legislation.
Sanctions against developers who violated the intended purpose of plots for housing construction:
- Fine according to the Code of Administrative Offenses of the Russian Federation, which is up to 50 thousand rubles;
- recognition of the constructed building as an illegal construction and forcing the persons who built it to forcibly demolish it or to have the object demolished by a third party, with all costs borne by the developer.
In 2020, government authorities tightened responsibility for such unauthorized actions, which entail the following fines:
- for citizens – from 2 to 5 thousand rubles;
- for officials - from 20 to 50 thousand rubles;
- for persons carrying out entrepreneurial activities without legal education. persons - from 20 to 50 thousand rubles;
- for organizations - from 500 thousand to 1 million rubles.
An administrative suspension of their activities for up to 90 days may also be used as a sanction.
Possible consequences for purchasers of apartments in such apartment buildings:
- monetary losses;
- deprivation of purchased living space;
- forced demolition of housing.
As a result of the unauthorized construction of multi-apartment housing on individual housing construction lands, citizens can only use civil law methods to protect their violated rights, namely, demand through the court the return of funds paid and compensation for losses.
In practice, often such development companies do not have funds in their current accounts to cover the losses of all defrauded citizens.
Therefore, before purchasing housing in the Moscow Ring Road, it is worth carefully checking the documents relating to the legal status and purpose of the land plot on which the property is built.
Transfer of a residential building to an apartment building 2020
When it officially became possible to manage an apartment building directly by the owners, residents began to change the form of management. Indeed, at first glance, self-government has many advantages and seems to be the most effective method. But in fact, it turned out that direct management of an apartment building has pitfalls that many people whose houses switched to this type of management had to face.
It is important to note: they cannot require any other documents from above. The entire package is handed over against receipt. The following video will tell you in more detail about when a transfer from non-residential to residential may be needed and about the procedure: Notifying the owner You will have to wait 45 days. As a result, you will receive a special notification form about the transfer of non-residential premises to residential premises.
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How to Avoid Scams
To avoid becoming a victim of fraudulent schemes, you can use several tips.
When purchasing an apartment, you should check the following documents:
- First of all, you should check the title documents for the property (look at the latest extract from the Unified State Register, cadastral passport, site plan and design documentation for the house). In the documents for the land plot, look at the purpose and type of its permitted use.
- It is necessary to ensure that the term “apartment building” appears in the building permit, and not individual housing. In addition, the documents indicate the area of the building, as well as the number of floors and the area of the site itself.
- You should pay attention to the technical conditions for connecting utility networks to the house.
- It is necessary to correlate the information available in the permit with the project for the house.
- It is worth asking the construction company about the procedure for registering ownership rights to the constructed object. According to the simplified scheme, it is possible to register only objects on individual housing construction lands and dacha (garden) plots.
- An agreement with developers must undergo a registration procedure with the Rosreestr service. Such an agreement is called an agreement for participation in shared construction and is concluded in accordance with Federal Law-214. This will minimize the likelihood of fraud on the part of the developer.
It is also recommended to seek advice from a competent lawyer if there are any doubts regarding the transparency of the upcoming transaction.
For the minimum size of a land plot for individual housing construction, see here.
Video: Is it legal to build an apartment building on individual housing construction lands?
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How to convert a non-residential building into an apartment building
The issue of redevelopment of non-residential premises, which are transferred to a residential apartment, is relevant in almost one hundred percent of cases. Shops and offices have their own internal space divided, not at all as required by the standards for residential premises. Therefore, first you need to resolve the issue of reconstruction (through design organizations or through approval of the sketch). It is important not to forget that in high-rise buildings, reconstruction often affects neighboring apartments, especially if we are talking about premises on the ground floor, so before starting any work you need to obtain the consent of the neighbors at a general meeting of owners. To approve a project or sketch, you will need minutes of the meeting, to which you should attach a registration sheet for those participating in the meeting, a complete list of owners, and their consent to the reconstruction. In Moscow, this can be done directly through the City Property Department, as well as through a multifunctional center or public services portal by submitting an electronic application. In other regions and cities, documents can be accepted by housing policy departments, property relations committees, that is, bodies responsible for the housing stock. The service is free (unlike redevelopment of the premises, which can cost, taking into account the preparation of the project, technical and cadastral passports, about ten thousand rubles or more).
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Deadlines - within 48 days (45 days plus three). If the transfer of the premises is agreed upon, you will be given a decision to transfer the non-residential premises to residential ones. In case of refusal, the decision can be appealed within 3 months in court from the moment the owner became aware of the violation of his legal rights. It should be understood that performing the translation process independently in difficult situations (the room has some peculiarities, reconstruction is needed, etc.) will require a lot of time and effort.
