"Country amnesty" no longer works. Garden house, cottage or cottage - what's the difference? What is the difference between a country house and a cottage

This question is answered by the chief specialist-expert of the Department for Verification and Harmonization of Data of the USRR and the State Property Committee of the Office of the Federal Register for the Kurgan Region Vizirskaya Yulia Viktorovna (published at http://www.1rre.ru/)

House distinguishes its purpose, the possibility of recognizing the object as suitable for permanent residence. Also important is the permitted use of the land - for individual housing construction.

For state registration of rights to an individual residential building, it is necessary to submit a document confirming the right of ownership or the right to use a land plot. Also, the object must be put on the state cadastral register on the basis of a technical plan prepared by a cadastral engineer.

At the same time, from 03/01/2018, for the purposes of state registration, an additional document will be required - permission to put the facility into operation.

The concept of " country house"combines all types of buildings erected on garden, suburban land plots (garden houses, garages, baths, other buildings). The law in this case makes the possibility of applying the simplified procedure dependent on the type of permitted use of the land.

With regard to real estate objects erected on land plots intended for gardening and summer cottages, as well as objects for the construction of which a building permit is not required in accordance with paragraph 17 of Art. 51 of the Town Planning Code of the Russian Federation, the current legislation provides for a minimum of documents required for state registration of rights - a declaration of a real estate object, a document of title to a land plot (certificate of a citizen's right to a land plot or an act on the provision of this land plot, issued (issued) by a public authority or local self-government, a court decision recognizing the ownership of the land, a certificate of inheritance, a contract for the sale or donation of the land, etc.) and a document confirming the payment of the state fee.

On January 1, 2017, Federal Law No. 218 of July 13, 2015 “On State Registration of Real Estate” will come into force, which amends the simplified procedure for registering rights to newly created objects.

The procedure for state registration of rights to real estate objects in a simplified manner will be preceded by the procedure for putting the object on state cadastral registration. Instead of a declaration on a property object, information in which citizens are now entering on their own, it will be necessary to submit a technical plan of the object, made by a cadastral engineer.

Since the new year, the owners of summer cottages cannot register residential buildings built on them. These completely capital and non-seasonal objects are now only residential buildings according to the documents.

Until recently, the owners of dacha plots could build a capital residential building on their land and easily register it in a simplified manner under the “dacha amnesty”. This did not require either obtaining a building permit or ordering and coordinating the project. It was enough to have documents for the land and independently fill out a declaration for the constructed facility. Many people took advantage of this opportunity and built residential houses on summer cottages, hoping then to easily legitimize them. Everything changed after the entry into force of the new federal law No. 218-FZ "On state registration" from January 1, 2017. Now the owners must order the preparation of the technical plan to cadastral engineers. Decorating a house is not just more expensive, and instead of 350 rubles, the owners will have to pay six to seven thousand rubles. Most importantly, to register a residential building on dacha land, you now need a building permit. The owners of dacha land do not have it.

Instead of a residential building, a residential building is registered

The only possible way for them in the current situation is to register capital residential buildings built on summer cottages as residential buildings. “It is allowed to build residential houses and residential buildings on the dacha land. And if a building permit is needed to register a residential building, then it is not required to design a summer cottage, - says Elena Dudko, head of the department for administrative disputes at PRAVO-EXPRESS. - The difference between these two concepts - a residential building and a residential building - is small, no one will forbid you to register in a residential building if the site has an appropriate purpose.

When can I register in a country house?

The status of a residential building depends on the site on which it is located. Therefore, in order to determine the possibility of registration in a built house, you need to know the category of land on which the summer cottage is located. The dacha can be built both on the lands of settlements and on agricultural lands. In those houses that are built on the lands of settlements with the type of permitted use for summer cottage construction, registration is possible. If the house stands on agricultural land intended for gardening and summer cottage construction, they will not be allowed to register in it.

In order to find out the purpose of the land, you need to contact the administration or study the general plan and the rules for land use and development. Most municipalities have developed urban planning documentation.

If there is no difference between a residential building and a residential building to obtain a residence permit, then it is for obtaining a loan. The bank will not approve a mortgage for the purchase of a residential building. For a credit institution, it is important that the object built on a summer cottage has the status of a residential building. Considering that many owners are engaged in home decoration only when it comes to selling, for them the design of the object as a residential building is a significant disadvantage, because the circle of potential buyers in this case narrows.

It will not be possible to purchase a house designed in this way and the owners of maternity capital. In order for the Pension Fund to transfer the maternity benefit for the purchase of a house, the object must be registered as a residential building.

Although the “dacha amnesty” has not been officially canceled and for summer cottages it should end in 2018, in fact it has ceased to operate now. It is no longer possible to legalize a house built on summer cottage land in a simplified manner according to two documents. And in any case, the owners will have to register the house. Now there is a lot of talk about raising the tax for owners of unregistered buildings. Disputes are only about how to identify them and how many times to increase the tax.

According to realtors, dacha and garden real estate in the Moscow region is likely to follow the path of transformation into apartment complexes or residential resorts. However, given the saturation of the market, the rise in prices for low-rise housing will still be significantly lower than for high-rise housing. The stated position confirms the possibility of solving the housing problem in Russia by legalizing registration in garden houses. In addition, on the basis of ongoing reforms, it became possible to transform horticultural and dacha associations into settlements. Supporters of this position (the Union of Horticulturalists of Russia and the Fund for the Development of the Horticultural Movement of Russia) are preparing a new law on horticulture in accordance with this trend.

What is the difference between a country house and a residential house?

What is the purpose of the land - this will be the house. My IMHO Actually, the question is this: they bought a plot for a personal subsidiary plot. We want to build a house. Dimensions 6x8. The house, as I understand it, is probably capital, i.e. with a strip foundation, made of foam blocks and lined with bricks. LPH (personal subsidiary farming) is of two types: household and field.
Homestead is an attachment to the land of a settlement, such as its continuation, a piece of a field, it can be used for mowing, or you can build a house, incl. capital. Field - this is separate from settlements, garden plots, only non-permanent buildings such as sheds or summer houses are allowed. As far as I understand, this is in case of land withdrawal from under such field private plots, because they are considered temporary by definition - if the boyars decide to sell this land for construction, then capital buildings will interfere there.

Purpose Matters: How to Buy a Plot

Attention

These are LPH (personal subsidiary farming) and KFH (peasant farming). The first, most noticeable feature of these plots is their large size (not 10-12 acres, but up to a hectare). Further, on plots with the category of private household plots, you can breed livestock, grow agricultural products for sale and not receive special permission for this.

If this site is located on the lands of settlements, then it may differ little from the lands of individual housing construction. If on agricultural land, then - from plots for gardening. In the neighboring regions of Moscow (mainly in Kaluga), plots are offered on land intended for peasant farming.

These are Alferovo, Horoshovo Land, Medyn estates, Romanov estates. Settlement Medynskiye usadby Advertising is focused on capital buyers and beckons with the opportunity to build here not just a cottage, but a real "family nest".

How is a vacation home different from a permanent home?

At the same time, from March 1, 2018, for the purposes of state registration, an additional document will be required - permission to put the facility into operation. The concept of "Country house" combines all types of buildings erected on garden, summer cottage land (garden houses, garages, baths, other buildings). The law in this case makes the possibility of applying the simplified procedure dependent on the type of permitted use of the land.
With regard to real estate objects erected on land plots intended for gardening and summer cottages, as well as objects for the construction of which a building permit is not required in accordance with paragraph 17 of Art.

Dacha, garden house, village house: what are the differences?

Secondly, the garden house (cottage) is not intended for permanent residence. In this they differ from residential premises (rooms, apartments) and houses in the countryside. In the latter, a citizen can obtain permanent or temporary registration.

And no one will register you at the location of the garden house (cottage). In addition, temporary residence does not imply the mandatory presence of such necessary characteristics of a dwelling as heating, a kitchen, a bathroom, gas, and electricity. Since the garden house (cottage) is intended specifically for living, it is impossible to engage in any entrepreneurial activity in them.
Despite the almost complete identity of the concepts of "cottage" and "garden house", there are still some differences between them. Firstly, if a land plot is provided for dacha construction, then this necessarily implies the construction of a dacha on it.

What is the difference between a private house and a cottage?

Info

Dreaming of your own home in the country? Unfortunately, today it is not enough to find the place of your dreams. We must not be mistaken with its legal status. IZHS, SNT, LNH, KFH ... Let's look at these abbreviations. I will buy a plot of SNT Such requests on the Internet are not uncommon.

Garden house, cottage or cottage - what's the difference?

Important

The steady rise in the cost of the housing stock, the insufficient amount of land in settlements for the construction of housing determine the redistribution of agricultural land in order to use the latter for low-rise housing construction. In the context of the problems of deurbanization, which is especially characteristic of large cities, the question of the ratio of garden and country development and individual housing construction is very relevant. Currently, both in the media and in specialized literature, there are a sufficient number of publications related to low-rise construction, but most of them cover one side of the problem: either legal or socio-economic.

Private household plots (as well as on other categories of land) can have completely different houses. won't they pull me - if I build a castle and don't rent it out as a residential building - although it will correspond to the parameters of a residential building? IMHO that - the foundation is tape (the house is inextricably linked with the ground), the walls are stone, built according to the acquired project - and will still be a country house ??? it’s just that a country house does not need to be handed over and registered - but here is its fundamental difference from a residential building - I can’t understand yet. by law) remains a country house, it may not be registered. After all, completely different houses can stand on the land of private household plots (as well as on other categories of land).

What is the difference between a private house and a cottage?

Very important elements of a country house can be: a summer kitchen or a veranda, an open terrace or a gazebo located nearby. In order to present a functional solution for a country house, it is enough to remember or imagine how country life goes. It should be noted that vacationers spend most of their time outdoors during the day (the premises are used mainly at night or in case of bad weather), so large spacious living rooms in a country house are likely to be idle, but open and roofed terraces or verandas will be constantly in demand and they should be given enough space for everyone (these are the central places in the country).

How is a vacation home different from a permanent home?

Therefore, in order to determine the possibility of registration in a built house, you need to know the category of land on which the summer cottage is located. The dacha can be built both on the lands of settlements and on agricultural lands. In those houses that are built on the lands of settlements with the type of permitted use for summer cottage construction, registration is possible.

If the house stands on agricultural land intended for gardening and summer cottage construction, they will not be allowed to register in it. In order to find out the purpose of the land, you need to contact the administration or study the general plan and the rules for land use and development. Most municipalities have developed urban planning documentation.

Dacha, garden house, village house: what are the differences?

At the same time, it is the right, but not the obligation, of the summer resident to breed various crops in such a plot. In the event that the land is allocated for collective gardening, then it is necessary to engage in the cultivation of horticultural crops on it. The construction of a garden house on such a site is not mandatory.
Reference: A garden is a piece of land planted with various kinds of plants (trees, bushes, flowers), usually with paved paths (Ushakov's Explanatory Dictionary). Collective horticulture is an activity carried out using the common facilities of a horticultural partnership by members of the partnership to grow fruit, berries, vegetables, ornamental and other crops on land plots provided for collective horticulture.

Ipc-star.ru

The objects of general use of the partnership are roads, overhead and cable power lines, transformer substations, water pipelines, water towers, sites for temporary storage of waste, common gates and fences, and other objects necessary for conducting collective gardening, located on land plots of common use of the partnership. 2 of the Regulations on the horticultural partnership, approved by the Decree of the President of the Republic of Belarus dated January 28, 2009 No. 50). A part of the land plot provided for gardening may be used for the construction and operation of a garden house and outbuildings necessary for the seasonal residence of a citizen and his family members, as well as for storing household equipment and grown products.

What is the difference between a country house and a residential house?

At the same time, from March 1, 2018, for the purposes of state registration, an additional document will be required - permission to put the facility into operation. The concept of "Country house" combines all types of buildings erected on garden, summer cottage land (garden houses, garages, baths, other buildings). The law in this case makes the possibility of applying the simplified procedure dependent on the type of permitted use of the land.
With regard to real estate objects erected on land plots intended for gardening and summer cottages, as well as objects for the construction of which a building permit is not required in accordance with paragraph 17 of Art.

Purpose Matters: How to Buy a Plot

The difference between low-rise apartment buildings and individual houses is very unsteady. There are many precedents when several heirs shared one house among themselves, each built a separate entrance, perhaps selling his part. And these transactions were recognized as legitimate. Meanwhile, in recent years, there have been several cases when registration authorities refused to issue documents for ownership in new low-rise buildings built on IZHS lands, on the grounds that several families live in them.

Info

Therefore, be careful if you buy, say, a section in a quadrahouse: it is better that the type of permitted use of the land is MZHS. Although there are very few such villages - according to Vesco Goup - only three (273 households). Pros and cons of a site in SNT compared to IZHS lands According to Vladimir Yakhontov, the main advantage of SNT compared to IZHS is the lower cost.

Attention

A few words about the need for a garage at their summer cottage. For a country house, apparently, a garage will be overkill, and it is better to replace it with a protective canopy or an open parking space. It is better to plan such parking near the northern or eastern facades of the summer cottage.

What is the difference between a cottage and a house

In order for the Pension Fund to transfer the maternity benefit for the purchase of a house, the object must be registered as a residential building. Quick login with social networks