Is it possible to register in the SNT? Legalization
If you still think that the plot in the gardencomradeship - these are the notorious six hundred with a small house-keeper and a greenhouse, you are mistaken. Today, many have a full-fledged country house with a landscaped homestead territory. This is where you can easily live a whole year, especially if the owner owns his own car, and to the city to give. However, for permanent residence you need a residence permit - a documented binding of a Russian citizen to his permanent place of residence. But is it possible to register in the SNT in 2017? Devote an article to the answer to this urgent question.
New legislation
Note that the possibility of registration on the sitesgarden non-profit partnerships appeared among Russian citizens quite recently - in 2015. Until then, the answer to the question: "Is it possible to register in the house of SNT?" - was negative. This confirmed the decision of the Russian Constitutional Court.
The law on the possibility of registration in the countryconstruction began to be developed at the suggestion of the Government of the Russian Federation in 2011. In those days, all buildings in the SNT were considered unfit for permanent residence, why it was forbidden to register in them. In 2013 the same year, a bill was passed that allows citizens to choose a place for permanent registration of a house in a garden partnership. However, with one "but": the building must be recognized by the competent authorities as suitable for permanent residence.
The main acts, which should be based on the solution of the issue:
- LCD of the Russian Federation.
- FZ №66 "On trucking, cottage and garden associations of citizens."
- FZ 5242-1.
It is worth noting that for today the procedure for issuing such a non-standard for many propiska is still not settled. But we will still try to understand its nuances step by step.
Important Conditions
Can I build a house and register in it? As we found out, yes. First of all, it is necessary for this to comply with the following set of conditions:
- As a plot, and only all the buildings on it must belong only to you, that must necessarily confirm the documents.
- As a consequence of the first paragraph, the site must necessarily be privatized. If it is leased from SNT, you can not register on it.
- You do not have another residence permit. If a permanent registration is present anywhere, then from that housing will have to sign off.
- SNT refers to any locality, that is, it is within its boundaries. If the house is built on land intended for agriculture, then it will be impossible to register in it.
- The dwelling should be suitable for year-round living, responding to all conditions set by legislation.
The suitability of a home for registration
Is it possible to register in the SNT? What kind of building should be? This is an individual dwelling house, as the law says, separately standing, no more than 3 floors high, in which only one family lives. The structure should also meet the following set of requirements:
- The house must be capital. In other words, to have a foundation, capital walls and interior decoration.
- The building should not have any damage that makes living in it impossible.
- There must be all the communications necessary forconstant life, whose state corresponds to the current sanitary standards. This is water, electricity and heating. The latter is allowed and stove. It is not necessary that the house has a water pipe. A well can also serve as a source of water supply. But only with the condition - the suitability of the water must be confirmed by the expertise of Rospotrebnadzor. If you bring drinking water to the site from the column - this is an obstacle to obtaining a residence permit.
- Gasification is a controversial issue. If it is carried out in SNT, then your house must be gasified for it to be recognized as suitable.
- Continuous insolation (natural solar lighting of premises must meet certain standards).
- Heat insulated walls. Is it possible to register in the SNT on the site? Yes, if inside the house there is a constant temperature of 18 degrees, and the humidity level is not higher than 80%.
- Provision is made for the protection of residents from precipitation and adverse environmental conditions.
- You have documents in your hands that confirm that the purpose of the plot is gardening.
- SNT refers to a settlement with a developed infrastructure - there are shops, pharmacies, post offices and so on.
- The house is necessarily registered in Rosreestre.
Obtaining permission for registration
The question of whether it is possible to register in SNT, decidelocal authorities. Why the event should begin with the filing of the appropriate application to local authorities. The work of the latter at this stage will be based on Art. 23 of the Housing Code on the transfer of premises from non-residential to residential.
To do this, you, in turn, need to do the following:
- Get an expert opinion on the technical condition of the facility.
- Get a conclusion about the validity of the building, whichwill be issued as a result of research by specialists from Rospotrebnadzor and the fire inspection. Your home must comply with all sanitary standards for residential premises and fire safety requirements.
We analyze further whether it is possible to register in SNT inMoscow or another area. With all the conclusions you will need to contact the administration of the settlement, together with the petition to recognize your house as residential. To investigate the documentation is intended to a special commission.
After analyzing all findings providedyou will be issued a decision. The verdict can be both positive and negative. In any case, the document is equally important to you. As if the administration refused to recognize the house as residential, with this decision you are entitled to go to court.
Solving the issue through the court
If you get a positive decision, you canskip this paragraph, deciding whether it is possible to register in the CNT. But if a refusal has come from the administration, then this document will be your reason for applying to the judicial system. Looking ahead, we say that if you receive a refusal at a later stage, when you contact the authorities at the FMS, you can also achieve your goal with the help of the court.
The main document that will fall on yourprotection, there will be Government Decree No. 46 of January 28, 2006. What to specify in the statement of claim? Request for the establishment of a legal fact of the presence of an immovable object suitable for living year-round. The case will be considered within the boundaries of the special proceedings under art. 131-132 of the Civil Procedure Code.
The court will have to appoint a buildingexpertise, the results of which will be attached to your case. If the judge makes a positive verdict, then in the future there will be no obstacles in your way, and to the question: "Can I be registered in the CNT?" - you can only give a positive answer.
Required documents for court
Already in court you will need the following set of documents:
- passport;
- certificate of ownership of both the house and the plot;
- technical passport on the building of the BTI;
- cadastral passport of the building and land;
- the conclusion of fire supervision and SES;
- a written refusal of local authorities to recognize the house as residential;
- statement of claim;
- if necessary, a power of attorney (if it is not the owner himself who is involved in the case, but his representative).
Now you know whether it is possible to register at the site of SNT.
Set of documents for FMS
To get a residence permit in the department of the Federal Migration Service, you will need:
- completed standard application;
- own passport;
- certificate of ownership of the plot and house;
- home Book;
- Administration decision or court decision on the suitability of the home for year-round use.
FMS, MFC, "Gosuslugi"
Considering the question of whether it is possible to register in the SNT of the Leningrad region, Moscow or another, let us indicate several ways of submitting an application for registration:
- Through FMS. The main way. But be careful - the issue of registration here is solved according to a specific schedule, because it is just one of the spheres of competence of the organization.
- Through the MFC. You hand over the required set of documentsemployee of the multifunctional center. From this organization, documentation is sent for inspection and registration to the office of the migration service. Ready documents in 3-5 days you get in the same MFC.
- Through the portal "Gosuslugi". You can fill out the application virtually by attachingto him scans of the necessary documents. A few days later you will be contacted by the FMS and will set the date and time of your visit for the finished document. You should have the originals of all sources for scans. On the spot you will make a mark on registration in the passport.
Event dates
Registration of registration itself takes 3-7 days as standard. But registration on the territory of SNT is a specific phenomenon. You will need to spend time on:
- home examination by specialists;
- construction expertise;
- analysis of the documentation provided by the local administration;
- research by inspectors of sanitary supervision and fire safety.
From here, the whole procedure will take severalmonths. It is difficult to give a more accurate timeline here. Note that in many cities mediating organizations have established their activities, whose specialists will help you undergo this procedure.
Cost of registration
Registration registration in the offices of the FMS fullyfree of charge from 2005 to Federal Law No. 127 for Russian citizens. But here, at the stage of recognizing your garden house as a living space, you will have to spend money for year-round living. Depending on the region where you live (important for those who want to find out whether it is possible to register in SNT in Moscow), you need to be prepared to spend the amount of 30-100 thousand rubles.
Cons gardening
Sometimes a garden house is the only place whereA person can get a long-awaited permanent registration. In addition, the legislation allows you to register in such a home not only for one person, but also for his entire family. However, both the residence permit and permanent residence on the territory of the CNT are fraught with a lot of downsides:
- Tax on the house that you have to pay,has grown significantly since 2015. It is calculated on the cadastral value of the object. Therefore, as soon as the latter is recognized as residential, its price will increase.
- Infrastructure in the territory of SNT at mostundeveloped: no medical care, interruptions in electricity and water supply. Educational institutions for children far away. In addition, there are certain difficulties of winter residence.
- If you lived in Moscow, then changing your registration to a garden one, you will no longer be a Muscovite, with which you will lose various benefits and additional payments that you were entitled to as a resident of the capital.
Permanent residence in SNT carries with it anda series of advantages - a small cost of land and houses, excellent environmental conditions, the possibility of home gardening. But a residence permit in a garden house is associated with a number of difficulties and is not cheap at the same time.