Register a dacha for private housing construction. Converting a summer house into a living space. How to convert a garden country house into a residential one
The desire to live outside the boundaries of a metropolis is understandable. Therefore, many people strive to live outside the city, closer to nature, in environmentally friendly areas. A dacha would be perfect for this. Yes, exactly the dacha, why? It can be quite simply converted into housing, the main thing is that you need a full-fledged house, and not a classic country house building. In order to build permanent housing with all amenities and live in it, it must be legalized.
- Categories of land plots
- Types of land plots
- The main differences between a dacha and a residential building
- How to convert a dacha into a residential category
- What documentation will you need?
- Ways to convert a dacha into housing stock
- What are the advantages of individual housing construction over a dacha plot?
- What is more profitable - individual housing construction or private household plots?
- Resale of country plots as a business
But it is not possible to build legal permanent housing on every plot of land. In some cases, it is more profitable to buy a country house 3-4 km further along the highway. Therefore, first you need to figure out what type of land is best suited for building a house for permanent residence.
Categories of land plots
According to the legislation of the Russian Federation, lands can be divided by type of use, as well as by territorial basis. The Land Code identifies the following types of land plots:
- for agricultural purposes;
- industrial lands;
- territories of populated areas;
- forestry and water resources funds;
- protected areas;
- reserve plots.
The federal law, based on the justifications provided, provides for the transfer of land from one category to another. The specific purpose of a land plot makes it possible to erect various buildings (dacha, temporary, utility, permanent house).
Types of land plots
The law allows the construction of certain structures on lands for agricultural work and on plots within populated areas. But the legal status of the structures will be different. Land for agricultural use can be intended for:
- agricultural production and personal subsidiary plots (LPH);
- conducting peasant farming activities;
- gardening and truck farming, livestock farming, country house construction.
Land areas of settlements are intended for:
- housing construction;
- conducting communications;
- transport use;
- other.
In turn, the lands of residential settlements can also be used for individual housing construction (IHC), country house construction and personal subsidiary plots.
Thus, the land plot on which the dacha building is erected may be located on agricultural land or within the boundaries of a populated area. According to the law, you cannot live in your dacha all year round. If a plot of land is within the boundaries of the settlement and it is intended for residential construction (individual housing construction), you have the legal right to build a permanent house and live in it year-round. In addition, individual housing construction allows unhindered registration at this address.
The main differences between a dacha and a residential building
A dacha is a temporary structure, adapted for seasonal living, which may be located on agricultural land. As a rule, it does not have communications and does not always guarantee the right to register. If the dacha is located in a gardening non-profit partnership (SNT), then registration there is impossible. Since SNT is located on agricultural land. lands. If the plot is part of a dacha non-profit partnership (DNP), then registration is possible.
A residential building is a permanent building for permanent residence and can only be located in populated areas. Has communications (mandatory), gives full right of temporary or permanent registration.
How to convert a dacha into a residential category
If the building is located in a populated area, then it will be possible to convert the dacha into a residential building by complying with legal norms and requirements. Which are quite simple to implement within the boundaries of a populated area that is already inhabited and provided with infrastructure. If the dacha plot is located on agricultural land. territory, then the change in the intended use of the land may not be approved by government agencies due to objective reasons. Since the allotment purely due to technical and territorial features cannot be classified as a zone of residential buildings.
According to the legislation, transfer of a land plot to another category is possible if:
- the plot is your personal property;
- allotment is municipal property and is not used for agricultural work;
- the land is in the possession of state entities;
- the earth has a different purpose.
Land plots that are located next to developed social and communication systems and where there is transport accessibility are considered suitable for transfer to individual housing construction.
What documentation will you need?
To begin the process of transferring a summer cottage plot to individual housing construction, you need to collect a package of the following documentation:
- permission issued by a local government authority to transfer land to another use;
- statement from the owner (or all owners of the site);
- a notarized copy of the owner’s certificate of title to the land;
- photocopy of civil passport and identification code.
To legalize the construction of a dacha as an individual housing construction, it is necessary to fulfill certain standards regarding the building so that it becomes housing for permanent residence.
House requirement:
- The presence of a living room, kitchen, bathroom, toilet and shower. There are regional standards for the minimum area of premises.
- Providing electricity, heating, water. As well as sewerage and ventilation. The building must comply with construction, fire, and sanitary standards.
- BTI documentation for the building is mandatory. Most often, a technical passport is sufficient, but sometimes a construction and technical examination is required.
- The height of the house should not exceed 3 floors and it should be intended for one family.
- Mailing address.
Ways to convert a dacha into housing stock
When the documentation has been collected, the procedure for re-registration of a summer cottage can be achieved in two ways:
Method 1. Through the work of local governments. First, the collected package of documentation is submitted to a special design organization, which prepares a project to transfer the land to another intended use. After which this project goes through the approval stage at the local council level (about a month). Then the received approved documents are sent to the state cadastre and then to the state registry, where your right to the house will be confirmed. The local council will also issue you a certificate with your address listed on it.
Method 2. Through the courts. Registration this way is somewhat faster. The collected package of documents and the statement of claim are submitted to the court. To participate in the trial, prepare all the arguments and evidence. It is worth noting that an argument in favor of converting a dacha building into a residential building may be that the dacha is the citizen’s only place of residence (that is, he is registered there, DNP).
After a positive court decision, you receive cadastral and technical documentation for the house and register your property rights.
What are the advantages of individual housing construction over a dacha plot?
The main advantage of land registered for residential development is its market price, which is significantly higher than the cost of dacha plots of any kind. In addition, the infrastructure around individual housing construction is developed at the expense of the budget of this settlement. Since the law obliges to improve the territory of the settlement.
And in dacha cooperatives and in SNT, any communications and improvement of adjacent lands are provided through membership fees from the owners of the plots. In addition, individual housing construction houses can act as collateral for the bank.
Dachas that are part of the DNP can also be collateral for the bank. But since such buildings are not always provided with sufficient communications, their bank valuation will not be high.
What is more profitable - individual housing construction or private household plots?
A personal plot located within a residential settlement has a number of advantages. The private plot is intended for economic work, but the construction of residential buildings is permitted on it. If the private household plot is located outside the settlement (just in a field), neither temporary, nor utility, nor permanent buildings can be built there. Individual housing construction plots have one purpose - individual construction. Therefore, if we consider land plots in residential areas from the perspective of housing construction, there are no significant differences between individual housing construction and private household plots.
As an investment or further resale of plots, individual housing construction houses are more expensive. But personal residence, of course, is more economically profitable in private household plots, since taxes and utility bills there are much lower. There may be some problems with registration, since the private household plot may not have an exact address.
Resale of country plots as a business
If you purchase a summer cottage plot within a populated area, convert it for use for residential construction, and eventually resell it. Then you can return the amounts spent and still receive income. In addition, since the construction of permanent residential buildings is allowed on individual housing construction lands, you have the right to build a modern cottage on the former dacha land, which in the future will bring profit from resale.
The main difference between DNP lands is that it is possible to build a private house without special permits from certain services. Such a house and land are much cheaper than similar projects in individual housing construction. Therefore, it will be profitable to buy from the owner or from the bank, as mortgaged property, a house with a plot of land in the DNP. The structure may already be capital, but sometimes require some modifications. And after the procedure of transferring the plot and building to individual housing construction, their value on the real estate market will increase significantly.
I faced the issue of transferring land from agricultural use to individual housing construction at the beginning of 2017, having bought a summer cottage plot I liked in the hope of transferring it to the status of individual housing construction.
You need to build your house in strict compliance with Russian legislation. Private developers who have neglected this rule have been trying for a long time and often unsuccessfully to legitimize their self-construction. The first thing to do is to resolve issues with the category of the land plot.
Russian legislation identifies several categories of land to which a land plot may belong. And it should be noted that not all categories provide the opportunity to carry out individual housing construction. And then, in order to achieve his goal, the owner needs to change the status of an agricultural land plot into the category of land for individual housing construction.
Individual housing construction or SNT - which is better?
Land plots located within the boundaries of populated areas - cities, towns or villages, or adjacent to them, belong to the lands of individual housing construction (IHC).
- It is possible to provide communications to them at state expense:
- electricity;
- water pipes;
They are allowed to build permanent houses for permanent residence. This construction should be carried out only after the house design has been agreed with the local authorities and permission for construction work has been obtained. After the official commissioning of the house, ownership rights are recorded in Rosreestr. Then you can register with them permanently.
Agricultural lands are located outside the boundaries of settlements.
They are intended for farming, growing various agricultural products, and placing buildings necessary for their production and storage.
A common example of such land is a gardening non-profit partnership (SNT).
The video explains the differences between the lands of SNT, DNP, DNT.
Why you may need to transfer the status of land
As the owner of a plot of agricultural land, you have the right to use it exclusively for these purposes. It is possible to build utility rooms and a permanent residential building on it, but obtaining registration in it will be quite difficult. You will do this only by proving that you live in it all year round.
When registering ownership, regardless of the size and quality of the house, you will only own a “country house”, which significantly reduces its value upon possible sale.
Transferring the status of a plot from agricultural land to individual housing construction means performing a procedure as a result of which it will be included within the boundaries of the settlement and taken into account in the corresponding zone of its master plan. This will make it possible to build a permanent structure, record ownership rights and register permanent registration in it.
The procedure for transferring a plot of any purpose to individual housing construction is determined by two main acts:
- Land Code of the Russian Federation
- Federal Law No. 172-FZ dated December 21, 2004.
The transfer of land category itself is free, but will require a lot of time. The popularity of the procedure for transferring land into the individual housing construction category is also due to the fact that land in this category has a great advantage when selling - the tax code allows you to make a tax deduction when selling it.
Methodology for transferring land from agricultural use to individual housing construction
Where to apply for registration
To obtain permission to change the category of a land plot, you should contact the local authorities under whose jurisdiction the plot is located:
- if it is located within the city - these are the city authorities,
- if behind it are district ones.
Only the owner of the site can submit a petition. In the case of shared ownership of land, applications from each owner are required.
Required documents
When submitting an application to change the category of a plot of land, the following must be attached to it:
- a copy of the applicant's passport;
- consent of all owners to the planned change in the category of the site;
- an extract from the real estate cadastre or cadastral passport of the plot;
- a document establishing the rights to the site - an extract from the Unified State Register;
- a positive conclusion from an environmental assessment, if it is provided for by federal laws;
- calculations of agricultural production losses as a result of the withdrawal of a site from their composition.
Step-by-step instructions for translation
The procedure for transferring a plot of land to the individual housing construction category consists of two stages.
Step 1. A request for transfer is submitted to the local government authority.The application must indicate:
- land rights;
- cadastral number of the plot;
- the current category of the site and the category to which the transfer is planned, i.e. individual housing construction;
- the basis for changing the category, that is, proof of the legality of placing the house on the site, taking into account compliance with all sanitary, urban planning and environmental standards.
The documents mentioned above are attached to the application.
Step 2. Receive the results of the consideration of the application.The result of the review will be either the issuance of documents on the transfer of a plot of land to individual housing construction, or a reasoned refusal to transfer.
Documents are reviewed for two months from the date of the application, you will receive a response within two weeks after the local government body makes any decision.
If the application is approved, the owner can only re-register the plot by contacting Rosreestr to make changes. If the transfer is refused, the refusal can be appealed in court.
A refusal can be received for several reasons:
- the petition was not submitted by the owner of the plot;
- the documents attached to the submitted application do not meet the necessary requirements;
- injunction or restriction on the disposal of the site;
- negative conclusion of environmental impact assessment;
- non-compliance of the category of individual housing construction with the master plan of the settlement.
Possible complications
When you start transferring your plot to individual housing construction, you may encounter some difficulties both during the collection of the required documents and during the re-registration itself.
A number of requirements must be met:
- the land plot in question should be geographically easily connected to the lands of its settlement;
- transfer to individual housing construction does not contradict the master plan for the development of the settlement;
- To obtain permission to transfer agricultural land, a positive conclusion from an environmental assessment is required;
- The cadastral value of a land plot should not significantly exceed the average value of plots in the region or city.
Often the cost of agricultural land is significantly less than the cost of plots for individual housing construction, and such a transfer causes its price to automatically rise. But the law does not provide for compensation for such a difference in value, and the existing unspoken practice of claiming it is illegal.
It is also necessary to remember that if a land plot has been transferred to the individual housing construction category and a house has not been built on it within 10 years, then the land tax will be twice as high. Therefore, after re-registration of the land category, the construction process should not be delayed.
.In order to find out how you can convert a non-residential house in SNT into residential in 2019, you need to pay attention to the fact that after purchasing real estate in a holiday village, over time you have the opportunity to transfer it to the status of residential premises. You will need to find out how this procedure is carried out, and what actions should be taken if you are denied it.
What properties should a dacha have?
It is possible to convert a dacha into residential premises if certain conditions are met. They relate to land plots and country houses. In particular, the requirements for a land plot are related to the category to which the plot belongs. It is imperative that these are lands related to populated areas. If the non-residential premises are located on a site that is classified as agricultural land, then before converting the dacha into a residential building, you will need to transfer the land from one category to another. The land in gardening partnerships must be located in the zone where buildings with residential purposes are being erected. Please note that only a few uses are permitted, these include:
- dachas and garden houses;
- subsidiary farming, which is carried out personally by the owner;
- the best option is if the land is allocated for individual housing construction.
Please note that not all plots that are in a garden or dacha partnership, as well as farming and horticulture, have the opportunity to change the purpose for individual construction. This may be due to the fact that the municipal authorities have ownership rights regarding real estate.
Resolution No. 47, adopted by the Government in 2006, contains requirements for residential buildings. A building that can receive residential status must have the following characteristics: a bathroom, toilet, kitchen and living room must be located in the room. In each subject of our country, minimum sizes are established for these premises. For example, a room classified as residential must be at least 12 square meters, and a kitchen must be at least 6. The ceilings must rise at least 2.5 meters. In addition, an important point is that re-registration requires that country houses have communication systems - this includes water supply, electricity, a heating system, and ventilation and sewerage systems also need to be installed. The building must have characteristics that meet fire safety requirements, as well as construction, environmental, sanitary and other standards.
Important! The house being transferred must have documentation provided by the organization conducting the technical inventory; it will be enough to provide a technical passport. Sometimes an examination of construction and technical significance is required.
It is also of no small importance if the dacha is the only place of residence for a person. In the case where a citizen has nowhere else to live, but there is an opportunity to register at a dacha, then the procedure for registering ownership of the dacha should be carried out and it should be re-registered as a residential building.
Documentation
If the house has undergone redevelopment, you will need to submit design documentation. The person making the appeal will have to write a statement containing the purpose. In particular, you can indicate that you need to transfer your country house to the category of residential premises for the reason that you want to live in it on a permanent basis and are registering there. It must be permanent. You will also need to copy the document that verifies your identity. A receipt indicating payment of the state duty may also be added to these papers.
Instructions
It is worth noting that the renovation of a country house can be done in two ways. In particular, you can file an appeal to the court. Initially, you will need to prepare all the necessary papers; if some are missing, you will need to obtain them from the authorized body. Next, file a claim, for this you can contact a professional lawyer who will help you. Please note that it is required to indicate third parties, which are organizations that have an interest in resolving this issue. File the claim, along with the documents attached to it, to the judicial authority located at your place of residence. Then the trial stage will begin, in which you will need to participate. Decide in advance what evidence you will use. After receiving a positive decision from the judge, you need to apply for technical and cadastral documents. In conclusion, it is necessary to carry out the procedure for registering rights and obtain the appropriate certificate.
The desire to have their own country house encourages citizens to purchase for the construction of one. In this case, priority is often given to cheaper options.
Unfortunately, not all buyers know that It is not possible to build a permanent structure on any land. And cunning sellers do not strive to explain all the nuances of land use.
As a result, a person becomes the owner of a plot of land, but cannot build anything, since the land is classified as agricultural land. What to do in such a case, how to transfer a plot of land from agricultural use to?
What is individual housing construction and agricultural land?
This includes land plots, located within populated areas or having common borders with them.
It is allowed to build permanent residential buildings on this territory.
However, construction of a house is allowed only after obtaining permission from the architectural department and coordination of the project with local administrative authorities. The constructed facility requires commissioning and recording of ownership rights.
Agricultural land located outside settlements. They are intended for growing agricultural products, maintaining subsidiary farming and buildings necessary for storage, processing and production of agricultural products.
Why might a transfer of land status be necessary?
Owning a plot of agricultural land allows you to use it only for agriculture. Such plots can be used for management with or without the right of development.
Thus, on plots intended for gardening or peasant farming, it is allowed to build utility rooms or a residential building.
However, it is quite difficult to obtain registration in such a building.
And when registering property rights, if permitted, the building will be considered a “country house” regardless of its scale, which significantly reduces its cost.
The transfer of a plot of land from agricultural use to individual housing construction implies the implementation of a procedure, the result of which will be the inclusion of agricultural land within the boundaries of the settlement, in the corresponding functional zone of the master plan.
Changing the purpose of the land will allow the construction of a permanent structure and permanent registration.
The transfer of a dacha plot to individual housing construction is regulated by two fundamental legal acts:
- Federal Law of January 5, 2005 “On the transfer of lands or land plots from one category to another”;
- Land Code of the Russian Federation.
Since 2008 the process of changing the category of land is free, although it requires significant time investment. However, existing tacit practice suggests that in some cases a transfer fee may be required.
The requirement for payments is justified by an increase when its category is changed from agricultural to individual housing construction. However, the law does not provide for any payment or reimbursement of the difference.
Where to go?
According to Federal Law No. 172, the decision to change the category of land and permitted use is made Administration of a constituent entity of the Russian Federation.
However, first of all, you will need to contact local municipal authorities and obtain their consent to expand the boundaries of the settlement.
Upon receipt of this, a subject of the Russian Federation can change the ownership of agricultural land to individual housing construction.
Another important nuance is that filing a petition to change the category of land only its owner has the right.
In the case of shared ownership of agricultural land, personal petitions from each owner will be required.
What documents will be required?
To submit an application to change the category of land, the following documents will be required:
- or an official extract of information about a land plot from the state real estate cadastre;
- a copy of a passport for an individual or an extract from the Unified State Legal Entity or Unified State Register of Individual Entrepreneurs - for a legal entity;
- , confirming the rights to this plot of land;
- consent of the land owner to change the current category of the land plot.
Step-by-step instructions for transferring land
The procedure for filing an application to transfer a land plot from one category to another is regulated by Federal Law No. 172 of December 21, 2004 and consists of two main stages.
Submitting a petition. It is submitted to local government bodies or executive state bodies, and the petition must indicate:
- current and category to which transfer is planned;
- justification for changing the category;
- land rights.
All necessary documents (listed above) are also attached to the application.
Consideration of the application. During the consideration of the application, a decision will be made on the possibility of changing the category of land. The result will be the issuance of an act on the transfer of agricultural land to individual housing construction or a refusal to transfer.
The decision is made within two months from the date of filing the petition, and the applicant receives a response within 14 days from the date of its acceptance.
Possible difficulties during translation
When transferring a plot of land from SNT to individual housing construction, you may encounter some difficulties related to: with the collection of necessary documents so and during the re-registration procedure.
Thus, if a land plot is located far from the boundaries of a populated area, then it is simply impossible to transfer it to the category.
If an agricultural land plot has already been included within the settlement in accordance with the master plan, then changing its category will not be difficult. Taking into account that the use of land for individual housing construction does not contradict the main types of use of the functional area according to the master plan.
In the above case, a transfer can be made by submitting an application.
If individual housing construction as a planned type of use is considered for this site as a conditionally permitted type, public hearings may be required with justification of compelling reasons for changing the category.
It is worth saying that it is not always necessary to transfer a garden plot for agricultural purposes to individual housing construction. Sometimes it's enough to change. For example, such as “for country house construction”, if the main purpose of the translation is the need to build a permanent house.
Video: Transferring land to another category is no longer relevant
The video talks about a bill that can significantly simplify the existing system of land categories in Russia according to their intended purpose.
It describes how it is now proposed to subdivide the lands and how, in connection with the new division, the registration of plots and buildings on them will be carried out. It also talks about the permitted forms of land use that will be available to land owners.
Owners of dachas can eventually convert them into a residential building, which provides additional benefits. You can register in such a house and live throughout the year. To do this, it is important to perform a certain sequence of actions. How to properly re-register a dacha?
Normative base
To convert a dacha into residential real estate, you should be guided by the requirements of Federal Law No. 93 “On amendments to certain legislative acts of the Russian Federation on the issue of registration in a simplified manner of citizens’ rights to certain real estate objects.” It is also called the law on dacha amnesty.
It provides for a simplified procedure for changing the status of a building. But for this, certain conditions are met.
Who has the right?
Not everyone has the opportunity to go through a simplified procedure for obtaining property.
The copyright holder must ensure that the following requirements are met:
- According to documents, the plot can be used for farming.
- The house is not only recognized as residential, but can actually be used for living in the cold season.
- Non-residential and residential properties, .
- The presence of other buildings that do not require permission.
In accordance with Art. 51 of the Town Planning Code of the Russian Federation, permission is required for all capital buildings. The law on dacha amnesty applies only to houses built before October 1, 2001.
House and land requirements
To recognize a dacha building as a residential building, it must meet certain criteria:
Note! It is permissible to transfer not all plots to individual housing construction. They may be part of municipal or state property. It is important to find out this information in advance.
In addition, the following requirements are imposed on a residential building:
- The house must have a certain set of rooms - a living room, a kitchen, a shower room or a bathroom. All regions have their own minimum standards for premises. Thus, the average kitchen area is 6 sq.m., living room - 12 sq.m. m.
- Ceilings must be at least 2.5 meters high.
- There must be all communications in the house, such as heating, electricity, water, sewerage and ventilation.
- The building must comply with all construction and sanitary standards. In addition, it must comply with fire safety regulations.
- A technical passport for construction is provided to the BTI. Its manufacture may require technical expertise with a specialist visit.
The following differences are distinguished between a country house and a residential one:
The only place to live – this is the main reason for converting a country house into a residential one. If registration is permitted, and the dacha is the only place of residence, the building can be re-registered as a residential building.
Required package of documents
To re-register land, you will need a significant package of documents:
These are the main documents required for renewal. But additional documents may be required depending on the specific situation.
Translation Features
Today, there are two main ways to convert a dacha building into a residential building - through self-government bodies and through the courts. Each of these options has its own characteristics.
Through the court
Registration can happen much faster and at lower costs. This is due to the fact that the initiative comes not from a private individual, but from a judicial authority.
To increase the chances of success, you must perform the following sequence of actions:
Preparing for trial It is necessary to collect all the documents that provide the basis for the transfer of the dacha to a residential building. If any documents are missing, they must be obtained from the relevant authorities. So, some documents can be obtained from the BTI, Rosreestr and the administration. Preparation of a statement of claim To do this, you can contact a lawyer or prepare a claim yourself. The application briefly and concisely describes the problem and requests to transfer the land to another category. It is important to indicate that you do not have another place of residence and the ability to register at another address. Transfer of the claim and documents to the court The statement of claim is filed with the district court at the location of the site. At the reception, your copy will be stamped with the incoming number. You do not need to attach original documents to your application; copies of them are sufficient. Participation in the process It is important to think through in advance the evidence base and arguments for the validity of your claims. Then a positive decision will be made in just a few meetings. The process may take up to 2 months. Receiving documents for your home It is important to order a technical and cadastral passport. Registration of ownership rights To do this, you need to submit documents for the house and land to Rosreestr. The court decision is submitted with them. After registering your rights, you will be given an extract from the Unified State Register of Real Estate. Through the administration
It is necessary to prepare for the fact that in this case the procedure may be delayed. Coordination with various authorities will be required, and additional costs for cadastral work are possible.
It is important to perform a certain sequence of actions:
- Collect the required package of documents.
- Submit an application and documents to the administration.
- Get a response in writing.
- Re-register documents at the cadastral chamber.
- Register ownership with Rosreestr.
In this case, the main time costs are associated with collecting the necessary documentation. Land surveying is required, which is carried out with notification of all neighbors.
Reasons for refusal
Such applications are not always approved; there are the following common reasons for refusal:
Important! Refusal is not always final. This is an opportunity to correct deficiencies and resubmit your application. If you are sure that you are right, you can file a claim in court.
Thus, converting a summer house into a residential building allows you to get additional benefits for living. This makes it possible to obtain permanent or temporary registration. But for this you need to collect documents and perform a certain sequence of actions.
The video story will tell you how the procedure for decorating country houses has changed
