How to register ownership of a country house

Recommendation points

• Required documents
• Technical and cadastral passport of an individual housing construction object
• Documents of title
• Features of registration of a cadastral plan of a land plot
• The final stage

Many owners of suburban areas at some point are faced with the need to draw up documents for real estate, whether it is the site itself or a house built on it.

Alexey Petrovich Bogolyubov. The dacha of A.P. Bogolyubov and N.P. Nechaeva. 1877

In this article, we will tell you what to do when registering ownership of a country house, which is located on a site set aside for running a personal subsidiary farm (it is also called a backyard farm) or intended specifically for individual housing construction.

According to the norms of the Urban Planning Code of the Russian Federation, an individual residential building is a detached house with no more than three floors and intended for only one family. The procedure for registering ownership in this case is regulated by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It” dated July 21, 1997 No. 122-FZ.

According to this law, the state registration of property rights is carried out by the Federal State Registration Authority (Rossreestr) and its territorial offices.

Required documents

To carry out state registration of ownership of a suburban real estate object, you must have a package of documents, which includes the following papers:

• passport of the applicant (owner of real estate). If the documents are drawn up by a representative, then a power of attorney must be drawn up in his name;
• technical passport of the house (if the building was built after March 1, 2008, then the cadastral passport of the building is drawn up),
• title documents for land (if the land plot was received before 1999 and later was not registered as property),
• cadastral plan of the land plot (if the land plot was not registered in ownership before 1999 and there is no modern land ownership certificate),
• receipt of payment of the state duty provided for by the Tax Code of the Russian Federation (today it is 200 rubles).
• application for state registration of ownership (the form is filled out when contacting the authorities of the Russian Register in the presence of a specialist who accepts the documents).

Technical and cadastral passport of an individual housing construction object

Technical and cadastral passports are designed to confirm the fact of construction of a property on your site and contain its full technical description.

Firs Sergeevich Zhuravlev. Official. 1836-1901

To obtain a technical passport, you must contact the Bureau of Technical Inventory (BTI). A technical passport is required in order to legalize the construction of a house.

As noted above, for houses built after March 1, 2008, it is necessary to issue a cadastral passport. The cadastral passport is very similar to the technical one, but contains fewer parameters that characterize the technical features of a residential building.

A cadastral passport for a residential building is issued after the acceptance of this object for cadastral registration. Previously registered real estate objects with a technical passport do not require cadastral registration.

The powers for state cadastral registration in our country belong to the Federal Service for State Registration, Cadastre and Cartography (Rosreestr), as well as its territorial bodies (regional offices of the Rossreestr).

At present, on the basis of the order of Rosreestr dated March 11, 2010 No. P / 93, the powers in terms of maintaining cadastral registration and cadastral registration of real estate objects in the constituent entities of the Russian Federation have been transferred to the Federal State Institution “Land Cadastral Chamber”.

It should also be remembered that the state cadastral registration and the issuance of a cadastral passport for real estate is carried out by authorized bodies exclusively at the place of actual location of the real estate object. That is, if the site is located in the Moscow region, then you need to contact the regional department of the cadastral chamber.

It should be noted that the state fee is not paid for the registration of a country house on cadastral registration..

Registration of real estate is carried out by cadastral chambers within 20 working days from the date of submission of the relevant application.

Documents of title

These are documents that confirm the grounds for obtaining this site. The following documents can be used as a title document for land for undergoing the procedure of state registration of ownership of a country house:

• the relevant act of the local government body (local government body) on the provision of this land plot for perpetual use or life-long inherited possession;
• documents confirming the right to inherit;
• an extract from the household book, certifying the applicant’s right to a land plot (for plots allotted for personal subsidiary farming), which is issued by local authorities;
• another document certifying or establishing the right of ownership of a land plot.

If the land plot was registered in ownership after 1999, then you will not have to present the land title to the registering authority. Note that this provision is valid for those lucky ones who have already registered land ownership and have a modern certificate of state registration of property rights.

Features of registration of a cadastral plan of a land plot

The cadastral plan of the boundaries of the land plot must indicate:

• cadastral number of the site (name of the municipality or other administrative-territorial unit),
• boundaries of the site and numbers of boundary marks,
• description of the boundaries of adjacent land plots,
• plot dimensions in the form of area, horizontal distances and directional angles,
• direction of the sides “South-North”,
• grid outputs,
• the scale must be indicated.

The cadastral plan should also include information: on the boundaries of parts of the land plot that are limited in use and encumbered with easements, as well as on the boundaries of the parts of the plot on which real estate objects are located.

Ivan Nikolaevich Aristov. Surveyor. 1962

The assignment of cadastral numbers to land plots is carried out by cadastral chambers on the basis of existing land management cases (state cadastral registration), on the basis of which the sites are then identified.

We also note that the cadastral plan of the land plot does not have a clear, defined by legislation, validity period. According to current laws, the cadastral plan of a land plot is considered valid as long as the data contained in it correspond to reality..

As in the case of the title deed, persons who have received a new certificate of state registration of ownership of a land plot (since 1999) when registering ownership of suburban real estate are exempt from submitting a cadastral plan of a land plot to the federal registering authority.

The final stage

After all the necessary documents have been collected, you can safely go to the territorial office of the Federal Service for State Registration, Cadastre and Cartography (Rossreestr) at the location of the house and site. You can find out the address from your local authority or using the help desk. Remember that all documents, except for the application, which is provided in a single copy, must be provided in duplicate (subglacial and copy).

Also, there is currently the possibility of submitting an application for state registration of a country house by mail. In this case, however, some special conditions must be met..

Firstly,you will need to notarize the authenticity of the applicant’s signature on the application form.

Secondly,it must be remembered that documents for a land plot and a real estate object should be sent only to the territorial authority of the Rossreestr, which operates within the registration district at the location of the land plot.

Thirdly,a letter with documents is sent only to a special mailing address for submission of documents, which can be found in the territorial division of the Russian Register. Otherwise, the documents will not be considered.

It is also worth noting that, as a general rule, for the passage of state registration of ownership of real estate objects, a building permit and an act on the commissioning of a building are not required. A permit is required only if the construction of a country house began after the entry into force of the current Town Planning Code (December 30, 2004).

After submitting an application and submitting all documents, Rossreestr registers and issues a corresponding certificate of state registration of ownership of the property within a month.