continue to parse recent changes in legislation, the difficulties faced by landlords in practice, and solutions to problems (see the beginning of. The release of "My garden" September 26).
Recall from March 1 this year, the Law "On State Real Estate Cadastre".He made many major changes to the order of registration of land plots.
Most innovations have affected the procedure for the definition and description of the fixing of boundaries - before it was done in the framework of survey, is now updated process is called cadastral works.On the main stage of the work we described in the release on 26 September.
What else is important to know the cottagers?We consider the most pressing issues in view of the new legislation, together with our experts from Rosnedvizhimost: head of the State Land Cadastre Sergey Miroshnichenko and head of the technical accounting and inventory of capital construction Vyacheslav SPIRENKOVYM.
Do not order the registration certificate
«At the end of March, I turned to the BTI,
«Since March 1 came into force a new law abolishing the registration certificate, - explained the official registrars - so that your documents for registration of ownership of the house is not good."
What is it?
Under the new Law "On State Real Estate Cadastre" document describing the residential buildings, including houses on the plots for individual housing construction and smallholders, today is the cadastral passport.That it must be presented to the registration authority for the registration of ownership of the house.
cadastral passport buildings are made of cadastral engineers (see about them. In the "my country house" on September 26 and on the website kp.ru).However, in a transitional period until 1 January 2010 cadastral passport manufactured homes are the same organizations that are engaged in registration technical passports - usually the BTI.
Essentially cadastral passport is similar to the technical, but it reduced the number of indicators that characterize the building.It is expected that in the future, when the new law will work in full force (since 2010), thanks to a reduction of the necessary data on the buildings will require fewer procedures (of measurements, drawings and so on. P.) And the work of engineers, technicians will be cheaper for citizens.
That is the situation of our readers (see. Above) if the log had to issue before the entry into force of the new law (03/01/2008), then it would be safe to seek registration of ownership of the house.Since the issue date - the end of March, the state registration document really unfit.
What to do?
In this case, employees of BTI pierced.The contract for performance of work indicates that the customer must produce the documents required for registration of buildings in the property.As at the end of this work document is cadastral passport, the issue was not his, and outdated technical certificate can be regarded as improper performance of the contract.
Accordingly, the customer is entitled to request a free production of necessary documents - cadastral passport.Thus it is necessary to refer to Art.29 of the Law "On Protection of Consumers' Rights.
Who needs a building permit
- We have a house on a plot for individual housing construction (individual housing construction. - AD), - says our reader Elena.- In the late 90s we actually rebuilt: increased floor area, added a covered veranda.Who we decided to draw it all on "dacha amnesty", thanks to which, as elsewhere say the building permit and commissioning are not required.But we have taken aback at the BTI: without a building permit registration of home you do not shine!How so ?!
First specify that referred to in the law on "dacha amnesty".At registration of ownership of houses on plots for individual housing and smallholdings to 2010 Rosregistration not required to present any construction permit or certificate of commissioning.Suffice cadastral passport at home.BTI manufactures its rules on technical accounting and inventory of property (they remain in force until 1 January 2010).
Here lies the catch.Terms tehucheta provide that the owner of a dwelling house shall produce authorization for the construction of confirming the legitimacy of its construction.If such a document is not present, the cadastral passport is issued, but there is a corresponding mark on the lack of building permits.
Seeing such a "black mark" in the FRS concludes house built without a building permit is unauthorized construction, and at her under the Civil Code the right of ownership does not arise (Art. 222 of the Civil Code).Therefore, the owner of the house in the registration of property rights are denied.
CONCLUSION: Thus, although Rosregistration submit a building permit is not needed - this is often referred to as achieving "dacha amnesty", in fact, no such permission prevents the registration of rights to build.That is, to produce this document homeowners in the areas for individual housing and smallholdings in any case have.
question remains: does then the "dacha amnesty" real relief?Partly - yes.Simplification is the fact that until 2010 the owners of houses do not need to register the act of commissioning.
form and procedure for filling the cadastral passport of construction approved by order of the Ministry of Justice of 18.02.2008 № 32.
QUESTION - rib
in court or in the local administration?
- We land for individual construction, you need to draw a house and a garage.In Dolgoprudny Registration Chamber said that it will have to go to court.Can you still do without a trial?- Asks hopefully our reader Sergey Leonidovich.
As we have seen, for the titling of houses on plots for individual housing construction and smallholders need to obtain a building permit (see. Above).
issued the document in local government, and is first necessary to agree on the parameters of construction in the bodies of architecture, fire control and a number of other instances.If
approvals during turns out that the construction of the building does not fit in the existing standards of today - construction, sanitary, fire and so on., The construction permit is issued.
In this case, legalizing buildings have to go to court.If it is able to prove that the construction does not threaten the preservation of life and health of both the owners and other persons does not violate the interests of the neighbors and other citizens, the court decides on the recognition of ownership of the house built (Sec. 3 of Art. 222 of the Civil Code).
On the basis of such judgment FRS is obliged to register the ownership of the house owner.
it is useful
gardeners go on instances less
for registration of ownership of any buildings on the cottage and garden areas, including homes in such a hacienda, cadastral passport is required.The Federal Registration Service to submit a declaration on the construction of which the landlord fills yourself.
declaration form and explanations can be found at FRS http://www.rosregistr.ru/
same procedures for registration of rights to garages and any other buildings, except residential houses on plots for individual housing and smallholdings.
on materials kp.ru