Construction of a house in SNT

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Published: 03/19/2020

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Having registration at the place of permanent or temporary residence is the responsibility of a citizen. But to obtain a residence permit, it is not necessary to register in an apartment: a dacha is also suitable for these purposes. In 2020, the procedure for registering citizens in country houses and gardens was significantly simplified. If previously you had to recognize your right to register at your dacha in court, now going to court may be necessary in exceptional cases. The simplified procedure for registering in a country house will continue to apply in 2020.

Under what conditions can you register?
Legal regulation
How is it determined that a dacha is suitable for permanent residence?
Is it possible to register for a dacha if you own an apartment?
Registration procedure
Disadvantages of dacha registration

What is needed to register a dacha and what requirements must a dacha house meet?

Under what conditions can you register?

To obtain a residence permit or registration at the place of residence, certain requirements are imposed on a country house. Thus, you can only register in the house to which the address is assigned. If a house is built in populated areas or cottage villages on land plots with the type of use “for individual housing construction” (IHC), then all houses are considered residential. Therefore, there will be no problems with registration at your place of residence.

Certain difficulties may arise with registration in houses located on garden plots. Thus, registration in areas intended for gardening is not allowed . Registration in houses built on the plots of a garden non-profit partnership (SNT) is permissible only if a number of conditions are met:

The plot of land must be located within a populated area with the category of “settled area land” or “agricultural land”. They won’t be able to assign an address to a house in the forest.
The house must be registered as residential.
The house must be assigned an address.
The house must comply with urban planning regulations for garden plots (have no more than 3 floors, not be classified as multi-apartment).
The house must meet the requirements for residential premises and be suitable for year-round use.

Legal regulation

Changes in the procedure for registration of registration at a dacha are now regulated by 217-FZ of 2020 “On the conduct of gardening and vegetable gardening by citizens for their own needs...” This law excludes from circulation such a concept as plots for a dacha non-profit association, as well as the very concept of “dacha”. Only two types of partnerships were retained: gardening and horticultural.

This law replaced 66-FZ of 1998, which for a long time regulated issues of gardening and vegetable gardening. Although it was possible to register at a dacha before, this was associated with large bureaucratic obstacles. In Art. 3 217-FZ emphasizes that it is allowed to grow agricultural products on a garden plot of land and place residential buildings and outbuildings on it . It is the indication of the right of citizens to build residential buildings on garden plots that makes it possible to register in them. At the same time, lands for gardeners are intended exclusively for agricultural work. Owners can grow crops here, but housing construction is prohibited here. The maximum that is allowed here is small outbuildings for storing crops or gardening tools.

If citizens who built residential buildings before 2020 receive recognition of permanent buildings, then it will be possible to register here regardless of what land the property is located on.

Is registration in a garden partnership possible by law?

Citizens have the opportunity to register in SNT since 2020. Owners of plots are required to undergo a number of procedures to recognize their dacha as suitable for permanent residence throughout the year.

The regulations for registering with SNT are regulated by Federal Law 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs,” adopted on July 29, 2020.

IMPORTANT! It is impossible to obtain registration on a plot without a house.

How is it determined that a dacha is suitable for permanent residence?

Many citizens have quite good country houses, but live there only in the summer due to the fact that the infrastructure is not well developed: in winter they do not clear snow, there is no access to communications and social facilities (shops and clinics), many houses do not have heating and etc. Therefore, it is not possible to register at every dacha. Registration in houses for seasonal residence is unacceptable.

A country house can be considered suitable for permanent residence if it meets a number of requirements . Among them:

The house must have all engineering networks: connected to water supply, electricity, heating, drainage, ventilation, etc.
The house must have reliable supporting structures and a roof.
There should be windows in the rooms and kitchen to provide natural light.
The heating system must be suitable for maintaining a temperature in the apartment of 18 degrees.
The ceiling height in living rooms and kitchens cannot be less than 2.5 meters, in corridors cannot be less than 2.1 meters.
The floor of the first floor must be higher than the planned ground level.

Deviations from the above standards are acceptable in some cases. For example, if there are no central communications in the area, then the water supply can be replaced with a well, the sewerage with a septic tank. But the height of such a house cannot exceed 2 floors.

How do you feel about the possibility of registering at your dacha?

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Which houses can I register in?

Both stone and wooden houses are suitable for registration. Both in towns and villages.

However, not every house can be considered suitable for permanent residence, and this is the main condition on the part of the authorities.

Declaring a house suitable for permanent residence is a rather complicated procedure. This is possible if the structure meets a number of requirements:

the structure must be strong, without defects;
equipping with communication networks in compliance with safety rules;
operability of basic utilities (electricity, water, gas) and their compliance with standards;
the presence of a solid foundation that does not allow melt water, snow, etc. to penetrate into the house;
fire safety standards must be observed;
the height of the walls should not be less than the established minimum in a particular region of the country;
It is necessary to have windows in the rooms and kitchen of the house;
noise levels and the presence of harmful substances should not exceed established standards.

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Is it possible to register for a dacha if you own an apartment?

There is no need to provide proof that the house on the dacha plot is the only suitable place to live: every citizen has the right to choose where to register (in an apartment or in a dacha). If a person permanently resides outside the city, then it is preferable for him to register at his place of actual residence. This will facilitate access to social services.

But in order to obtain permanent registration at a dacha, a citizen must first register at his previous address , since having several registrations at the same time is unacceptable.

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Registration procedure

To register a residence permit in a country house, you must go through the following steps:

Have a residential premises with properly registered property rights.
Submit an application to the Main Directorate of the Ministry of Internal Affairs for registration at your place of residence. The application must be accompanied by a passport, title information for the property (certificate of ownership or an extract from the Unified State Register), documents confirming the recognition of the house as residential (decision of an interdepartmental commission or a judicial act).
The citizen must be registered within a week and have his passport stamped. Upon temporary registration, he is given a certificate.

In some cases, it is first necessary to transfer the house to residential status. To do this, a citizen needs to contact local authorities or the MFC. Authorized authorities must make a decision on the owner’s application for compliance with the Housing Code and its Article 23.

The application must be accompanied by a passport, title documents, floor plan, technical passport, a conclusion from the fire inspectorate or the Sanitary and Epidemiological Station on the admissibility of using the building as a residential premises (if these authorities refuse to recognize the house as residential, further appeal to local government bodies is meaningless), a conclusion from a self-regulatory organization (SRO ) in the field of construction about the technical condition of the building.

When the local government commission considers the application, it makes a decision on it. If the decision to recognize the house as residential was negative, then the citizen can go to court on this issue . To do this, a claim is filed with the court to declare the building suitable for year-round habitation.

Is it possible to register in SNT in 2020 and what is required for this?

In 2020, you can register in SNT by performing simple manipulations. To do this, the residential building and the territory on which it is built must meet the established standards described in the Town Planning Code N217.

Required documents and sample application

For the procedure for legalizing registration in SNT you will need:

documents for the house that indicate its suitability for human habitation at any time of the year (technical examination documents, extract from the State Register);
certificate of ownership of residential property (deed of gift, purchase and sale agreement or exchange agreement);
application for registration issued by the registration authority;
identification documents of persons entering the residential property.

You can download a sample application for registration in SNT here.

You can download a sample deed of gift here.

You can download a sample purchase and sale agreement here.

You can download a sample exchange agreement here.

Object requirements

Residential country buildings must comply with legal standards and requirements:

have no more than three floors;
there should be windows in the rooms and kitchen;
the height of a residential building should not be more than 20 meters;
the territory of the area of the country house does not matter;
the temperature in the house should be at least 18 degrees;
electric lighting is required;
the house must have hot and cold water supply and heating systems;
the floor of the first floor should be located above the level of the ground surface;
if the house has a total area of up to 500 square meters, the local authorities notify the plans and the completion of construction;
if the area of the house exceeds 500 square meters, the project is carried out with an examination, and after completion of construction the object is put into development.

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Requirements for the square footage of the rooms of the house, their height and width:

the main room must have an area of at least 12 sq.m., and the bedroom - at least 8 sq.m.;
minimum bathroom area – 1.8 sq.m., bathroom area – 0.96 sq.m.;
the width of the corridors should not be less than 90 cm, and the width of the hallway should not be less than 1.8 m;
the main floor must be at least 2.5 m high, and the basement - from 2 meters;
the attic space (attic floor) should be at least 2.3 meters high.

Procedure for registration

If the house is not yet built, then you must first obtain a building permit. To do this, the citizen must send a notice of the planned construction to the administration at the place of residence. It should contain:

information about the developer (full name, passport details, place of residence);
data on the residential plot (number of floors, height, square footage, construction plan).

A sample notification can be viewed here.

The administration makes a decision within a week. If the construction is approved, the person can begin building a residential summer cottage.

Actions upon completion of construction:

Upon completion of construction, submit a notification to the administration similar to the previous one.
After successful completion of construction, put the residential plot into development, receive a technical and cadastral passport, and legalize ownership.
After the certificate of ownership of the house is issued, register in it.

Action plan for obtaining registration:

What is your registration?

Registration at the place of residenceRegistration at the place of stay

Contact the department of the Ministry of Internal Affairs dealing with migration issues, or the MFC.
Fill out the application for registration in form N6 [Document 1]. The application must be completed by all registered persons; the owner of the home must sign the application.
Provide the necessary documents for the right of registration (extract from the State Register, permission of the owner for registration with a certificate of ownership attached).
Present a document confirming that you can register in this housing. An extract from the State Register indicating that the house has conditions for human habitation, as well as technical documents for housing, is suitable for this.
Hand over your passport so that the registration stamp can be stamped.

Registration for registration is established within 3 days if the citizen carried out the procedure through the Ministry of Internal Affairs and 7 days if he applied to the MFC.

What actions and requirements are unnecessary?

The conditions for dacha registration do not depend on:

ideas of representatives of SNT members, the chairman or the government, that is, no permission is required from them;
membership in SNT, that is, you can register as a site where you can be a member of SNT or simply be the owner and not enter into a partnership;
the area of a summer cottage and a residential building, since the number of those registered is not limited (but administrative penalties are provided for fictitious registration);
approval of neighbors of the land plot;
debts on utility bills, membership fees.

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