The inconsistency of modern Russian legislation is clearly reflected in the legal status of "residential buildings".
The term "residential buildings" was put into circulation by the Federal Law of April 15, 1998 No. 66-FZ "On horticultural, gardening and country non-profit associations of citizens." Article 1 of this law allows citizens to erect residential buildings on garden and dacha land plots without the right to register residence in them, as well as to erect auxiliary economic structures and structures that ensure the operation of such residential buildings. It is noteworthy that the above term - "residential buildings" is not mentioned in the Housing Code of the Russian Federation and therefore these objects are an independent type of objects that are not classified by the legislator as objects of housing rights.
The Housing Code of the Russian Federation operates with the generic concept of "residential premises", which includes the following types of objects: residential building, part of a residential building; apartment, part of an apartment; room (part 1, article 16 of the LCD of the Russian Federation). The listed types of residential premises are objects of housing rights and are intended for permanent residence of citizens. The above list of residential premises is closed. It should be noted that residential buildings built on dacha land plots (with the right to register residence) fully comply with the features of the object of housing rights.
Unlike “residential premises”, residential buildings have an independent legal nature and a legal regime based on a special law (Federal Law No. 66-FZ of April 15, 1998).
So, what is the legal nature of the objects designated by the legislator as "residential buildings". It should be immediately emphasized that the legal regime (purpose) of any capital construction object is initially predetermined by the purpose of the land plot on which it is located. Any other ratio of legal regimes is an exception. Land and urban planning legislation proceeds from the priority of the designated purpose of land plots, when determining the type of use of capital construction facilities being built on these plots (Article 1, paragraph 5; Article 85, paragraph 3 of the Land Code of the Russian Federation, Article 1, paragraph 9; Art. 36 clause 1, article 51 clause 1 of the Town Planning Code of the Russian Federation). In other words, the purpose of the building depends on the purpose of the land. Before erecting anything on a land plot, the developer must make sure that the intended legal status of the site corresponds and, if not, whether it is possible to change this land legal status.
The legal regime of horticultural and suburban land plots provides for their use for growing fruit and horticultural crops, in combination with recreation. Because of this, the operation of residential buildings erected on these sites is limited to the purposes of ensuring the process of growing horticultural crops and recreation. The very use of the term “structure” in the phrase “residential building” characterizes the temporary, seasonal, unjustified nature of the building, emphasizes the inconstancy of the use of these buildings by people. If for the owners of dacha land plots the Federal Law of April 15, 1998 No. 66-FZ provided for a legal alternative - to build a “residential building” or “a residential building with the right to register residence”, then for garden land plots the law did not provide such an alternative.
At the same time, the existing reality is such that, regardless of the legal regime of a garden plot, comfortable residential buildings are often erected on the lands of gardening associations, which can hardly be called “buildings”. According to technical standards and construction characteristics (in fact) these objects are residential buildings, according to the legal regime (virtually) - residential buildings. In this case, the purpose is fundamentally different from the actual use. Citizens concerned about the housing problem have long found a practical solution to it in the construction of dwellings on garden lands. The absence of the need to prepare and coordinate project documentation for the development of garden and summer cottages allows their owners to create residential facilities suitable for permanent residence. The only legal documents that limit the owners in their construction impulse are the rules for land use and development - in the territories included in the boundaries of settlements and planning projects for the territory of a non-profit partnership - on agricultural land. Under such conditions, land developers of horticultural partnerships are limited only in parameters - no more than three ground floors high, no more than 1500 sq.m. Who, in this case, will deny himself the pleasure of building a house on a garden plot. Only those who are limited in means or in imagination.
In recent decades, the territories of horticultural associations have turned into residential settlements of low-rise buildings. It is quite obvious that citizens want to eliminate legal differences in the absence of actual differences. Such attempts were made earlier, in the early 1990s, at the legislative level. Federal Law No. 4218-1 dated December 24, 1992 “On the Fundamentals of the Federal Housing Policy” granted citizens who own residential buildings located on garden and summer cottage plots and meet the requirements of the standards for residential premises the right to re-register them as residential buildings with personal plots on the right of private ownership, in the manner prescribed by law (Part 3 of Article 9 of the said Law). It is not known what part of the citizens managed to take advantage of the opportunity, since with the introduction of the new Housing Code of the Russian Federation, on March 1, 2005, the Law of the Russian Federation “On the Fundamentals of the Federal Housing Policy” became invalid.
The legal possibility of classifying residential buildings suitable for permanent residence located on garden plots of land as housing stock was restored by the Decree of the Constitutional Court of the Russian Federation dated April 14, 2008 No. 7-P. The court considered the application of the families of military personnel from the Krasnodar Territory, who appealed against the provisions of paragraph two of Article 1 of the Federal Law of April 15, 1998 No. lands as part of a gardening partnership. Based on the results of the consideration, the court found certain provisions of the said article to be inconsistent with the Constitution of the Russian Federation. Article 1 of Federal Law No. 66-FZ dated April 15, 1998, was declared unconstitutional in terms of restricting the rights of citizens to be registered "at the place of residence in a residential building suitable for permanent residence, located on a garden plot, which belongs to the lands of settlements." As you can see, the wording of the removal of restrictions is accompanied by the court (specified) by certain conditions. Registration (registration) in a residential building is possible, provided: 1) if this building is “suitable for permanent residence” (read year-round), 2) if the garden plot is included in the boundaries of the settlement. Thus, the decision of the Constitutional Court did not change the legal status of "residential buildings" in garden plots. Their purpose, connected with gardening, remained the same. Moreover, the legal differences between objects located in suburban areas and objects within gardening associations are upheld. For part of the garden residential buildings (not for all), the court determined the possibility, through a commission procedure, to be attributed to the housing stock. In other words, under certain conditions, objects that are not intended for permanent residence, but suitable for this purpose, can be used as residential. This applies only to garden residential buildings located on the lands of settlements. Consequently, the legal regime of horticultural land plots is expanding under certain conditions. In the event that a gardening partnership is located on agricultural land, the fact that the building is suitable for permanent residence does not remove restrictions on registration (propiska) at the place of residence.
The Constitutional Court of the Russian Federation indicated that since housing legislation is the sphere of joint jurisdiction of the Russian Federation and the constituent entities of the Russian Federation (paragraph “k” of Part 1 of Article 72 of the Constitution of the Russian Federation), the constituent entities of the Russian Federation have the right to exercise proper legal regulation by determining the procedure for recognizing residential buildings on garden plots suitable for permanent habitation.
Undoubtedly and obviously, the procedure for recognizing a residential building suitable for permanent residence, in terms of complexity, is comparable to obtaining permission to put the facility into operation. In the Krasnodar Territory, within the framework of the implementation of the Resolution of the Constitutional Court of the Russian Federation of April 14, 2008 No. 7-P, the head of the administration (governor) of the Krasnodar Territory adopted a resolution of December 29, 2009 No. 1185 regulating in detail the procedure and procedure for the commission recognition of residential buildings suitable for permanent residence.
The opportunity granted by the Constitutional Court to the authorities of the constituent entities of the Federation to legally regulate the issue of classifying garden residential buildings located within the boundaries of settlements as housing stock, in turn, led to changes in the procedure for simplified registration of rights to such objects. Order of the Ministry of Economic Development of Russia dated 03.11.2009 No. 447 approved a new form of a declaration on a real estate object designed to register rights to objects that do not require a building permit. The new declaration form entered into force on January 26, 2010. The main difference of the new form of the declaration was the exclusion of the term "residential building" from the list of types of real estate objects. It's justified. The term "residential building" used in combination with the designation "appointment - non-residential" for most non-specialists sounds incorrect. Now, the person filling out the declaration has the right to independently designate the object belonging to him with such a name, in a line filled in manually. The developers tried to combine objects located both in summer cottages and in garden plots under one specific concept of “house”. Since there is no legislative definition of "garden house", "country house", the developers used the definition of "house" contained in the order of Rosstat dated April 13, 2009 No. According to the terminology of the said order: “A house is a building intended for permanent residence, or temporary residence of people, depending on the functional purpose and for performing various types of production processes.” As you can see, both a “house” in a summer cottage and a “residential building” in a garden plot fall under this definition. The main difference between the first house (“dacha”) and the other (“garden”) is in the purpose - “residential” or “non-residential”. The logic of developing a new form of declaration - to simplify the classification of object types was not correctly understood by everyone. For some citizens, the new form of the declaration gave rise to erroneous ideas that by simply filling out the declaration (putting a mark in the box) it is possible to legalize a residential building erected on a garden plot. The procedure for recognizing a residential building as suitable for permanent residence is the responsibility of the authorities of the subjects of the Federation. Rosreestr authorities in the process of state registration of rights under a simplified procedure on the basis of submitted declarations must necessarily check the compliance of the declared objects with the intended purpose of the land plot.
State Registrar S.A. Kovalev
An interesting fact is that the BTI was provided with a "Certificate of State Registration of Rights" for this house, received in the regional chamber according to the declaration, where it is written:
Registration requires either a registration certificate and a certificate for the house or a certificate for the house where the inventory number is affixed, which means that in any case, “non-residential purpose” and “. building."
As far as I know, they cannot register me in the passport office in a “residential building”, I will have to prove through the court the suitability of the house for living, pay money for an examination, waste time
At BTI, a lawyer explained to me that, incl.
city apartment
Although not all building codes and regulations are binding, especially for individuals, nevertheless, their provisions are taken into account when drawing up territorial building codes, as well as local land use and development rules (LLD). If local PZZs have not yet been approved, compliance with these SPs and SNiPs in the event of any conflicts with neighbors or the authorities will be another argument in favor of the developer.
residential building
By a resolution of the Constitutional Court of the Russian Federation of April 14, 2008, the norms of Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit associations of citizens”, which prohibited the registration of citizens in a residential building erected on a land plot, were recognized as inconsistent with the Constitution provided for gardening. This prohibition was recognized as unconstitutional in the part where the right of citizens to register at the place of residence in a residential building suitable for permanent residence, located on a garden plot, which belongs to the lands of settlements, is limited.
How to change the permitted use of land
So, you are a happy owner of a land plot in the village. Does this mean that you can automatically build a permanent home on it? Not at all.
A positive response is primarily influenced by the permitted use of your land. It depends on him whether a capital building or a simple summer house will appear on your site. Each category of land plots in Russian settlements on which it is allowed to build residential facilities has its own advantages and disadvantages - land for gardening, household plots and plots for individual housing construction.
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The situation is as follows, a house was built on agricultural land with RVI for summer cottage construction. The Constitutional Court made it clear that it is possible to register in a residential building even on such lands.
At the same time, in accordance with par. 2 tbsp. 1 of the Federal Law of 15.04.1998 N 66-FZ "On horticultural, horticultural and country non-profit associations of citizens" (hereinafter - Law N 66-FZ) garden land - a land plot provided to a citizen or acquired by him for growing fruits, berries, vegetables , gourds or other crops and potatoes, as well as for recreation (with the right to erect a residential building without the right to register residence in it and outbuildings and structures).
Registration (registration) on garden plots with residential buildings
The Constitutional Court of the Russian Federation allowed citizens to register at their place of residence in country houses, cottages, if they meet the standards of a residential building and are located in garden plots within a settlement (Resolution of the Constitutional Court of the Russian Federation dated April 14, 2008 No. 7-P).
According to the court decision, it is possible to register a person not temporarily, but permanently in a residential building that is suitable for living, complies with sanitary, technical rules and regulations and some legal requirements.
SNT: a new look
The land was purchased for the purpose of building a residential building (house). I understand that they can reproach me - the garden plot is intended for a vegetable garden + recreation - a summer house. But our situation is this. A family with many children, local measures for at least some help in improving the lives. sent. Buying an apartment completely on your own is not realistic. We ourselves live in a satellite city in a 2-room Khrushchev. Snt is located 6 km from Moscow and from the apartment.
The building is not recognized as a residential building
In accordance with paragraphs. 2 p. 1 art. 220 of the Tax Code of the Russian Federation, when determining the size of the taxable base of an individual entrepreneur - a resident of Russia can apply a property deduction in the amount of actual costs, but not more than two million rubles. including for the purchase of an apartment in Russia or a share in it.
The terms “residential building” and “residential building” are separated by Federal Law No. 66-FZ of April 15, 1998 “On horticultural, horticultural and dacha non-profit organizations of citizens”.
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 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.
Many citizens who have not previously delved into the nuances of private real estate do not see a significant difference between a house and a cottage, considering these two concepts to be rather synonyms than the designation of different objects. However, in reality there is more than one difference between a house and a cottage.
In order to better understand why concepts so indistinguishable to a simple layman actually have different meanings, one should remember what they are. So, for example, a private house is a generalized concept for a set of capital buildings, which can be both residential and non-residential. It can be mansions, estates, estates, cottages, country houses. In fact, a house is a small building in which it is not necessary to carry out communication systems. Such an object can be built outside the city or within its boundaries, but isolated from other housing.
A cottage is a residential building that may have several floors (usually two). It is intended for a single family and usually has only two rooms. Most often, such real estate is built outside the city, in the village.
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Main differences
Considering the question of how a house differs from a cottage, one should first of all highlight the following points:
Nuances in construction
When creating a separate project for a real estate object, such a definition as a house is used when it comes to assembling a structure in the form of a box. Regardless of the signs, such a design is always referred to as a house. However, it can be converted by the owner into a cottage, if its dimensions are much larger, and the building itself is provided with communication systems.
In modern construction, there are no clear designations that would distinguish between houses and cottages at a professional level. Therefore, in order to understand how a house differs from a cottage in reality, in particular at the planning stage, one should take into account the dimensions of the object, the number of rooms and floors, as well as the material for building the building. These signs will help you quickly determine what you have to deal with. Many nuances depend on this.
In addition, it should be borne in mind that there are many variations of the cottage. Despite the fact that the concept itself came to Russia from abroad, in addition to the English standard version, there is also Russian. At the same time, in the Russian version, the area is larger, as is the number of rooms. As for materials, brick or more economical aerated concrete is used here.
Cottage. Basic moments
Since for many citizens such a definition as a private house is more familiar, regardless of what is actually being discussed, such a term as a cottage should be considered in more detail. Its main feature can be called an exterior finish made of natural materials, for example, stone or wood. Even though such real estate is usually not located within the city, you can find it in it, there is no prohibition for this.
Most owners prefer to have a solid aerated concrete frame under the exterior - durable and cheaper compared to brick. In addition, this material allows you to complete the construction much faster. However, ordinary brick, wood, foam blocks can also be used, as the owner wishes.
According to the internal layout, the cottage, which has two or one and a half floors, on the ground floor has a living room, a kitchen, sanitary facilities and sometimes a boiler room, if it is not built separately. On the second floor there is one or more bedrooms. Additional extensions to the cottage - quite a common picture. These are all kinds of utility rooms, a garage. In fact, this is a country house, which has all the amenities for permanent residence in it.
What conclusions can be drawn?
Based on the foregoing, cottages can differ from houses in many ways. The main ones are:
Often, gazebos, beautiful lawns are placed on the territory of the cottage, garages and utility zones are equipped separately. The main task and the main difference between a cottage and a private house is comfort and convenience. The number of floors in the building is not important, from one to three. This is not a key feature of the object, especially considering the fact that recently cottages on one and a half floors have become very popular, when one of its parts is higher than the other near the building. Unlike ordinary private houses, cottage owners often equip basements and attics, which are unlikely to be found at the dacha of a gardening association.
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The very concept of "cottage" for the younger generation has a different meaning than for their parents. Dacha today - first of all, rest, going out into nature, closer to the reservoir, and not growing vegetables in the beds. Holiday real estate is legally described as intended for recreation during the warm season and located outside the city. Sometimes people confuse how a country house differs from a private one.
What are the differences?
- It is easy to register a place of residence in a private house. Doing the same in the country will be more difficult. Dacha construction usually takes place on recreational lands or areas intended for horticulture. Therefore, evidence will be required that the applicant does not own any other real estate and cannot register a residence permit at a different address. Difficulties will arise if a person turns out to be the owner of real estate. Problems can also arise if the country house is listed as a construction in progress.
- If the land plot is withdrawn for state or municipal needs, the price for the withdrawal of a country house will be significantly lower. It will not cover the cost of acquiring real estate of the same level.
- If a privately owned land plot has a different purpose (not for individual housing construction), then problems will arise with the registration of a residential building. The house will still refer to unauthorized buildings on the territory for gardening. "Country amnesty" is an exception.
- Issues of providing utilities and sufficient power for a residential building in a holiday village will be very acute. There may be power limitations due to technical conditions, problems with water supply and sewerage, heating.
- The cost of country houses varies greatly depending on many factors. The location of the house, the size of the plot, the proximity to the reservoir, the presence of communications affect the price, which is a variable value and depends on the value of the land. Sometimes the cost of the plot is higher than the cost of the building itself.
Nevertheless, a country house has considerable differences from a private one. For housing, it is better to focus on the construction of a private house, and for recreation and leisure - on buying a summer house.