You will need

• - passport;
• - title documents for the house and plot;
• - extracts from cadastral passports of the house and plot;
• - copies of house and plot plans;
• - application to the URC;
• - an application to the court (if the barn is not part of your real estate);
• - court statement;
• - registration fee.

Instructions

To decorate the shed, call a technician from the BTI. Based on the inspection of the house, barn and other outbuildings, you will receive a cadastral passport for all existing buildings. The barn will be included in the passport and plan as an outbuilding. Take an extract from the completed documents and get a copy of the building plan.

Together with the barn and the house, immediately design the one that is located under and around the buildings. To obtain a land title, contact the Cadastre and Cartography Department. Call a cadastral engineer. He will carry out a list of necessary technical work and give you documents about the work performed.

Please contact UZKK with the received documents. Your plot will be registered, assigned a number and a cadastral passport will be issued. Take extracts from the executed documents and get a copy of the plan.

Contact the FUGRTs, write an application for registration. You will be given a certificate of ownership of the house and land. The barn will belong to you as property as part of your real estate.

Property cannot be registered for a barn that is not on your own land, but near your house, until you register the land under the barn as your property and receive a cadastral passport for the barn itself.

If, on a general basis, in accordance with the rules for registering real estate, you are denied land surveying by the UZKK, and the BTI does not come out to inspect the barn, citing the fact that it cannot be registered, contact the Arbitration Court. Write an application, provide evidence that you have been using the property for more than 15 years. These may be witnesses from among your neighbors and relatives.

The court will make a decision on the basis of which you will be able to register the shed on the general basis for registering real estate. To do this, call a specialist to carry out land surveying, register the plot with the Federal Property Center, receive an extract from the cadastral passport and a copy of the plan. Invite a technician from BTI. A cadastral passport will be issued for the barn. You will take an extract and a copy of the plan and register your property rights with the UFRTS, but such a course of events is only possible if the structure is capital, has a foundation and the court made a positive decision based on Article 234 of the Civil Code of the Russian Federation.

Related article

Tip 2: How to register ownership of a building in 2017

Buying real estate is half the battle; you need to properly prepare the documents for it. The procedure for building ownership mainly depends on what kind of building you plan to register and on what type of site it is located.

Instructions

To begin with, let’s consider the scheme of actions when we are talking about a personal or garden plot, and the structure is a country house (designed for seasonal living) or others on the site. In this case, to register ownership of the building, you should contact the body responsible for registering property rights, namely the territorial office of the Federal Reserve Service (Federal Registration Service). The package of documents for registering property rights must contain a declaration of established status completed by you, which will describe the registered structure, a document confirming your ownership of the land plot and a cadastral passport for the plot where the registered structure is located.

This package of documents is quite sufficient to register ownership of such buildings. In the case of a dacha, it is also recommended to obtain the exact dimensions of the building before filling it by contacting BTI specialists. This procedure for registering ownership rights is not mandatory, but in the future it will allow you to avoid controversial issues regarding your building.
To register a house that is built on a plot for individual housing construction and is intended for permanent residence, a different set of documentation will be required.

To register ownership of such a building, you should contact the same authorities as in the case described above, however, as the main package of documents you will need: a cadastral passport for the site where the registered building is located; cadastral passport for the building itself (you can obtain such a passport by contacting the BTI); a document confirming your ownership of the site where the registered building is located. Add to this list permission to put the building into operation and you can send documents for registration of ownership to the territorial department of the Federal Reserve System.

Video on the topic

The dacha amnesty is a simplified procedure for registering ownership rights to individual plots of real estate. This requires a minimum of documents, and registration is free. The opportunity to legalize a country house ends on March 1, 2015.

Not all land plots and houses can be legalized. For example, you can obtain the necessary documents for a plot if it is provided before the Land Code of the Russian Federation comes into force, before October 29, 2001. If you received the land later, it will no longer be possible to legalize it. Dacha applies, in particular, to unauthorized buildings. Study the documents for the provision of a land plot or house; one of the paragraphs should clearly state why you have been allocated the right to use or own. This could be running a personal subsidiary plot, vegetable gardening, horticulture, summer cottage farming, even individual garage construction. If the contract and certificate indicate that the plot or house has been given for lifelong inheritable ownership or permanent use, you can register ownership in a simplified manner. A similar procedure is carried out if the type of right is not mentioned anywhere at all. There is a fee for paperwork. The biggest costs come from measuring and inventory. The procedure for registering property rights is carried out on a voluntary basis; no one has the right to force legalization of their plot or house. However, if you have not entered the property into the Unified State Register of Rights (USRE), you are prohibited from selling it or otherwise disposing of it. If you are denied the procedure for registering ownership of a plot or land, feel free to go to court. After considering all the circumstances of the case, you will be given a decision, which will indicate on what basis you now own this or that plot or house. If you do not agree with the court decision, you can file a cassation appeal within 10 days from the date the decision was announced.

How not to lose sheds in the courtyards of apartment buildings?

- In the coming years in Saransk it is planned to demolish a large number of sheds located in the courtyards of apartment buildings. We also have such buildings in our yard, and we wouldn’t want to lose them. Is it possible to include the land plots under them as part of the land plot located under an apartment building if we have previously issued permits for the construction of these sheds? Residents of the street Soviet.

“In accordance with housing legislation, the land plot on which the apartment building and other real estate objects included in such a house are located is the common shared property of the owners of the premises in the apartment building,” explained the head of the Legal Department of the City Administration. Saransk Ruslan Yuskaev. - The formation of the land plot on which the apartment building is located is carried out by state authorities or local governments. According to Article 36 of the Housing Code of the Russian Federation, the owners of premises in an apartment building own, by right of common shared ownership, the land plot on which this house is located, with elements of landscaping and improvement, and other objects intended for the maintenance, operation and improvement of this house, located on the specified land plot . The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of housing legislation and legislation on urban planning. To determine the boundaries of a land plot under an apartment building with the inclusion of a land plot with sheds located on it, a number of conditions must simultaneously be present. First of all, these buildings should be intended for the maintenance, operation and improvement of an apartment building, for example, these sheds house engineering equipment, communications, and store property intended for cleaning the local area (machines, mechanisms, entrenching tools). At the same time, access to these buildings is provided for all owners of premises or organizations authorized by them (their employees) to ensure activities related to the maintenance of their property. However, in the vast majority of cases, barns in our city are not used for the needs of the owners of the entire apartment building. In addition, special attention should be paid to the fact that the permit for the construction of an apartment building and the permit for the construction of sheds in almost all cases in Saransk were drawn up with various documents, and moreover, without any conditions determining whether the sheds belonged to a particular apartment building . According to Article 36 of the Land Code of the Russian Federation, the right to acquire land plots with real estate objects located on them belongs to citizens and legal entities who own, gratuitously use, economically manage or operationally manage buildings, structures, structures that are located on such land plots. In other words, the owners of an apartment building have the right to register the land under their house and their sheds, if they are not unauthorized buildings. In this case, the owners are obliged to either lease or purchase the specified land plots from the state or municipality (Part 1, Article 28 of the Federal Law “On the Privatization of State and Municipal Property”). Please note that in accordance with the Town Planning Code of the Russian Federation, the sizes of land plots for apartment buildings are established taking into account the actual land use and town planning standards and rules that were in force during the development of these territories. Considering the fact that currently land plots under barns cannot be used by all owners of an apartment building, since they belong to individual citizens, such land plots cannot be included in the land surveying project as part of land plots under an apartment building. At the same time, the owner (owners) of the sheds have the right to purchase from the state and the municipality land plots with sheds located on them, naturally, in the presence of title documents for real estate objects, in this case, sheds. If the sheds are built without permission, they are subject to demolition.

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How to build a shed without suing your neighbor?

To fully utilize a personal plot, various household buildings are needed: bathhouses, sheds, garages, summer kitchens, showers, greenhouses, etc. Very often they arise spontaneously on a site, infringing on the rights of neighbors. But the requirements for their placement are no less clear than for the construction of a house. And even such a simple task as building a shed in a country house must begin with studying the laws. The construction of outbuildings must be carried out in compliance with certain rules and regulations.

Firstly, it is better to build them in the depths of a summer cottage, both separately and in a block with a residential building. Many utility rooms (other than a latrine, garbage disposal, or livestock or poultry shed) can be located in the basement or basement of a home. So, before starting construction, we will turn to the law.

Do I need to obtain permission to build a shed?

To erect commercial buildings, you do not need to obtain a building permit if these buildings are not used for business activities. (Article 51, part 17). In order to avoid conflict situations with neighbors, when placing such buildings, sanitary and fire safety standards should be observed. It is also necessary to take into account the fact that according to the rules, fences between neighboring areas must be lattice or mesh. If you build a permanent shed that will provide a permanent shadow on other people's beds, your neighbor may well appeal to the relevant authorities, as a result of which you may be forced to move or demolish the building.

If you decide to build a well, then you will need to obtain permission from the sanitary and epidemiological service.

Do minimum distances need to be taken into account?

To place outbuildings you need to choose the right landmarks. Most often, such landmarks are the fence and buildings on your neighbors’ property. Keep in mind that there must be a distance of at least five meters from the outbuilding to the border of the site on the street side or to the driveway. According to SNiP 30-02-97* clause 6.7* the minimum distances to the boundaries of the neighboring area are:

• from the house - at least 3 meters;
• from the premises for poultry and small livestock - from 4 meters;
• from other outbuildings - from 1 meter;
• from tree trunks (medium-sized) - from 2 meters, for tall trees - from 4 meters;
• from various bushes - at least 1 meter.

If you decide to build a sauna at your dacha, then the minimum distance from it to other buildings should be 8 meters; the same requirements apply to the location of the toilet and compost pit. In general, it is better to coordinate the delicate issue of placing a restroom on a summer cottage with neighbors in advance. As practice shows, it is best to place the toilet on the north side of the largest utility room. You should also not store garbage near your neighbor’s territory; it should be buried in a place approved by your neighbors or taken out.

How to measure the distance between the house and outbuildings?

This distance is measured from the base of the house or wall (if there is no base), if the canopy, bay window, porch, roof overhang or other elements of the building protrude from the plane of the wall at a distance of up to 0.5 meters. If such elements (roof overhang, parts of the second floor) protrude by more than 0.5 meters, then the distance is measured from the protruding parts (their projection onto the ground).

Every owner of a suburban area must comply with such standards. And if it seems to you that the legislation infringes on the rights of land owners, then a more careful study of the issue will show that these demands are well-founded. For example, when in winter, when heaps of snow begin to fall into your yard from your neighbor’s roof, you will immediately remember the law. Therefore, before you begin construction, carefully study the existing rules and regulations in the field of private construction. To protect yourself, your loved ones and neighbors from conflicts, try to take common interests into account.

Remember that building codes are the same for everyone. And compliance with SNiP (building standards) makes it possible to peacefully coexist with your neighbors, protecting your safety. Failure to comply with the law may result in fines and other penalties.

Date of publication or update 07/07/2017

Illegal buildings on public lands – can a lawyer help?

Construction of houses from rounded logs and timber

Having purchased a new plot of land in a garden partnership and started building a turnkey 6x6 house, many owners for some reason begin to believe that the roads and courtyard passages in the partnership - the so-called public lands - belong to no one, and therefore on this land you can quietly post whatever comes to mind. For example, dumping a dump truck of soil, which will then lie there for several years, blocking the passage. Or move the fence onto the road a good meter, grabbing a fairly substantial piece of land for free. Or even put up a shed or garage.

However, such a line of thinking and subsequent actions corresponding to these reasonings are absolutely wrong. It’s even stupid to assume that a huge piece of land, which is the roads in the partnership, can be “nobody’s.”

It’s good if roads fall under the definition of “public land” and are the common property of SNT members. In this case, with the consent of the majority of the members of the partnership, it is indeed possible to use part of such lands for personal interests, but it is imperative to obtain a document confirming that such a decision by the members of the SNT and the SNT Board actually took place. Otherwise, in a few years, when there is a change of chairman, or, more simply put, when there is a change of government, you may well be faced with a categorical demand to vacate public lands, which can be very unpleasant and financially costly.

However, you may encounter a more serious problem when, for example, the roads in a cottage community between houses built from rounded logs and timber are not public lands, but one large plot of land of complex shape, owned by a specific individual or legal entity. In this case, the owner of the plot has the right at any time to restrict access to illegal buildings located on his land, which he will be absolutely right to do.

No recognition of property rights through the court will help - after all, the illegal construction of a garage or greenhouse was initially carried out on someone else’s site, on someone else’s property. It is unknown how the landowner will react when he finds out that some buildings have suddenly appeared on his plot, which he has allocated for the roads of the village. Perhaps, for some payment, it will be possible to reach an amicable agreement and lease this piece of land, long-term or indefinite.

But an uncompromising option is also possible, when one fine morning, without any warning, a bulldozer rumbles under the window of an unlucky squatter, demolishing illegally erected buildings.