Does the site need an address?
According to Art. 2, an accurate description of the location of the property allows it to be accurately identified.
The absence of an address is not an obstacle to transactions with a plot that has been assigned a cadastral number. However, in the case of construction and registration of a place of residence, addressing is indispensable.
The addressing procedure does not confirm the right to the site and its compliance with construction, sanitary or urban planning standards.
The codification should be:
- unique. The same address cannot be assigned to two or more objects;
- legitimate. The data is entered into .
Each region of the Russian Federation has its own rules for codifying objects. Local administrations have the authority to assign names to streets, squares, avenues, roads and other elements of the road network in accordance with.
To obtain the address of a land plot, citizens submit an application to the local administration. On the basis of (hereinafter referred to as Resolution No. 1221), local government bodies assign an address to the plot, which information is entered into the state address register.
It is impossible to independently select an address, since this is not provided for by law.
How to assign an address to a house using the State Services portal?
How to assign an address to a house using the State Services portal? This is not difficult to do, but you must have a verified account on the State Services website. Follow the step-by-step instructions below. So, first you need to log in to the portal, and then click “Service Catalog”. After that, click on the search bar and enter “Assignment, change and cancellation of address” there. Click the search button.
Note! In some cases, the service for obtaining a house address through State Services is unavailable for a given region. If this is the case, then after clicking on the search button, the corresponding information will appear on the screen. Data will also be provided that will tell you where the person should go to resolve the current situation.
If the service is available, it will be displayed on the screen. Next, click on “Get a service”. After this, you will be automatically redirected to another page where you need to fill out an application, indicating the applicant’s personal data, the right to the property, and information about the house itself. After all the required information has been entered, you need to check the checkbox, agreeing with the processing of personal data and confirming that the information entered is accurate. Next, decide on the method of receipt. All you have to do is click on “Submit Application”.
The authorized body will consider the application within 18 working days after registration. The service is provided free of charge. In other words, you just need to wait for a response in accordance with the deadline established by law. Then, at the specified time, you should contact the self-government body (city administration) with the original documents.
Please note that the recipients of the service may be:
- individuals;
- organizations;
- individual entrepreneurs.
By the way, using the State Services portal has significant advantages. In particular, there is no need to stand in long lines, you can use the site’s services at any time, and using your personal account you can track the consideration of your application. In essence, using the portal is an opportunity to save your own time.
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Addressing procedure
A legally established circle of persons can submit an application for codification of a land plot, namely citizens:
- those who have entered into agreements for economic management or operational management;
- those who have issued permanent unlimited use;
- having the right of lifelong inheritable ownership;
- having ownership rights to the plot.
All of them can delegate the decision on how to obtain an address for a land plot to third parties by issuing a notarized power of attorney in accordance with.
Applicants provide a diagram of the location of the plot on the cadastral plan and a cadastral passport if these documents are not available in local government bodies. The submission of other documents is not provided, and their request is illegal, as is expressly stated in.
The procedure for assigning an address involves submitting an application to the local administration or the Multifunctional Center at the location of the site:
- personally by the owner or representative;
- by post with a description of the contents and notification of delivery;
- electronically via the website.
After receiving the documents, the citizen is sent a notification indicating the incoming application number to his personal account on the State Services portal or to the specified email address.
The same is true for assigning an address to a house on a plot of land. In this case, the owner must have permission to build a residential building or a decision to put it into operation.
The codification of all sections includes a certain sequence of elements:
- name of the country and subject of the Russian Federation;
- name of urban or rural settlement;
- name of the locality;
- name of the planning structure and road network;
- land plot number;
- type and number of the building or object of unfinished construction.
For a summer cottage
Many Russians plan to build houses on dacha plots, so they should know whether it is possible to assign an address to a plot of land without a house for further registration at the place of residence or receiving correspondence.
According to , the addressing of land plots, including summer cottages, is carried out on the basis of a decision of the local government. In addition, administrations of municipal districts are vested with such powers in inter-settlement areas.
To obtain a postal address for a summer cottage, the owner needs to submit an application to the municipality at the location of the plot. In the future, the plot number will become the house number.
In a populated area
In some cases, land plots are addressed on the initiative of authorized bodies. This applies to:
- preparation of documentation for territory planning;
- planning or surveying the territory to be developed or already developed;
- approval of the layout of the land plot on the cadastral plan or cadastral map;
- approval of the territory layout;
- making a decision on the construction of the addressing object.
Other grounds for assigning an address to a land plot in a populated area are contained in paragraph 8 and paragraph 21 of Resolution No. 1221.
Addressing a land plot in SNT
Art. 21 of the Law of the Russian Federation of April 15, 1998 No. 66-FZ “” defines issues within the competence of the general meeting. Since they do not have the authority to assign addresses, it would be a mistake to assume that the SNT management can identify land plots.
Address clarification or assignment is carried out only by territorial local governments in accordance with the requirements of Decree No. 1221.
Sometimes the SNT does not carry out delineation of the boundaries of land plots, and therefore there are no coordinates on the basis of which they can be registered in the cadastral register in accordance with. In this case, assignment of an address in the SNT is possible only after the land surveying procedure and the signing of an act of approval of boundaries with adjacent areas.
Agricultural land
Art. 77 establishes the concept and composition of agricultural land. This category includes areas located outside populated areas and used for agricultural purposes.
Current legislation does not authorize local governments to assign an address to an agricultural land plot located outside a populated area.
In order for agricultural land to be assigned an address, the plot must be transferred to another category in accordance with.
Application and documents
A comprehensive list of documents for obtaining government services for identifying a land plot is specified in Resolution No. 1221. The set consists of:
- documents of title: certificate of ownership, inheritance,
- the court's decision,
- decision of local government bodies on granting an allotment for use or ownership, and so on;
The municipality requests documents necessary for assigning an address from the organizations in whose possession they are.
How to submit an application
An application for assigning an address to an allotment is submitted by a citizen who has the right of use/ownership.
After receiving the package of documents, municipal officials inspect the location of the plot and determine the possibility of addressing. Based on the information received, a decision is made. The applicant is notified of this by sending a Resolution on assignment of an address or refusal in electronic form or on paper.
Sample application for assignment of address approved
Result of the procedure
The assignment of an address is formalized by a municipality employee in the form of a Resolution, which is issued to the applicant. The document indicates the cadastral number of the plot and the structural elements of the address listed above.
The resolution to assign an address is given to the citizen in person or sent in the manner specified in the application:
- by mail;
- through a personal account on the State Services website;
- to an email address.
Negative answer
The conditions under which the applicant will hear a negative answer are established by law. Clause 40 of Resolution No. 1221 contains a list of grounds:
- the applicant does not have legal rights to the site, he is not an authorized representative of the owner or user;
- the response to the interdepartmental request does not contain the information necessary to assign an address to the site, and the applicant cannot provide this data independently;
- errors were found in the documents submitted by the applicant;
- there are no conditions for addressing.
The form of the refusal decision was approved by Order of the Ministry of Finance of the Russian Federation dated December 11, 2014 No. 146n.
Appealing a refusal
A citizen who has received a decision to refuse can seek protection of his rights in court. To do this, he needs to file a claim to invalidate the decision of the local government with a demand to oblige the defendant to assign an address to the site.
This category of cases is considered by the courts in the manner prescribed. In such cases, the courts establish the legality of municipal decisions.
If the refusal to assign an address does not have the grounds provided for in paragraph 40 of Resolution No. 1221, the court will oblige the local authority to carry out the procedure for addressing the site.
What to do if a refusal is received through State Services?
What to do if a refusal is received through State Services? The local government body has the right to issue a refusal to perform the service. This often happens for the following reasons:
- the applicant is not authorized to send such applications;
- not a complete package of papers was presented;
- There are irregularities in the documents.
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The refusal is made in writing and sent to the person in a convenient way. After correcting the inaccuracies stated in the document, the applicant can resubmit the application.
Please note that a person can appeal a refusal by:
- portal “Government services;
- personal visit;
- going to court.
Please note that the subject of the complaint will be:
- refusal for reasons not provided for by law;
- violation of deadlines for accepting applications or providing services;
- requirements for additional documents were not specified and not spelled out in regulations;
- payment is established;
- errors or typos were made not by the applicant, but by the official.
The consideration of the complaint takes about a month, after which it is satisfied or denied.