word "residence" for a long time is not used in the legislation.Today, it has replaced the concept of "residence registration".But the essence remains the same.Without the "registration" is hard to find a job, to attach to the clinic, to receive retirement benefits, arrange child in the garden or in school, and more.Although the Constitution and guarantees freedom of movement and choice of residence.
Recall that it is this contradiction to the law cited seven Russians who banned register at his dacha, despite the fact that none of them had no shelter.Having been refused in all instances, they appealed to the Constitutional Court of the Russian Federation.Now the law can be registered in the country.Although difficult.How to do this today and we'll talk.
Why not register
by law to register the person in the community is possible only in the living room.
In accordance with the Housing Code of the Russian Federation recognized as such an isolated
to the living quarters are:
1) residential house, part of a residential building;
2) Apartment, part of the apartment;
But there seems to be an area on which built a solid house, where there is water, sewage, heating and so on.. In short, to live in such a house can be year-round.Why not register?The problem may lie in the fact that the land on which the building stands, does not involve the construction of a residential building on it.
Usually cottages are located in the garden, suburban areas or areas for gardening.And for each of these areas the rules of building.
Summer residents, gardeners, gardeners
- garden plot - is the area in which the citizen has the right to grow a variety of vegetables and fruits, but to build on it can only be semi-permanent residential building or other farm buildings.The concept of "semi-permanent residential building" means that live there permanently, for example, in the winter, it is impossible.Semi-permanent residential building - a building that does not have at least one of the structural elements affecting the determination of its capital (deep foundation, strengthening of walls, etc.), as well as its engineering support.That is to be registered in the room, located on a plot Ogorodnyi, did not succeed.
- garden plot - land provided by the citizen or acquired them for the cultivation of fruits, berries, vegetables, melons or other crops, as well as for recreation.The owner of this site has the right to erect a residential building (but not premises!).The law clearly stated that the register in a residential structure on this site is not possible.
- cottage land - land provided by the citizen or acquired them for recreational purposes, with the right to construction of residential buildings, without the right of residence registration in it, or a residential house with the right to stay in its registration and commercial buildings and facilities, as well as with the rightcultivation of fruit, berries, vegetables, melons or other crops, and potatoes.
That is, the law "On the horticultural, gardening and dacha non-profit associations of citizens" before allowed "registration" in the cottages.But only if the area is built house.The ban concerned only the registration of buildings that did not have such a status.
That is, when a national of the earth, that the documents were listed permitted use - with the right construction of a dwelling house, or with the right to construction of residential buildings.
Those who got or bought the land with the right of construction of residential buildings only, respectively, failed to register with them.While living in this structure all year round, it has everything, is on a strong and solid foundation.Some of these "residential buildings" on technical and town planning regulations far exceed dilapidated old houses in the village, which is still being prescribed citizens.
wait or not to wait?
After a ruling by the Constitutional Court, the "truckers" an opportunity "to register" on their acres for permanent residence.But will automatically take advantage of this "grant" a right - a big problem.
There are two possible options.And I must say, both of them are not easy.
Option One .Wait until the changes are made to the legislation.Up to this point the Federal Migration Service authorities are refusing to register, and these failures residents have appealed to a court.
fact that the Constitutional Court's decision - not the norm of direct action.There is still the amendment of existing legislation.In particular, the law "On gardening, gardening and dacha non-profit associations of citizens", according to which the permanent residence registration is only possible in a residential area, but not in residential buildings.
But the process is long, and will have to wait more than one month.The Law on Amendments must pass three readings and be approved by the President of the Russian Federation.Under the law at all about all allocated 6 months from the date of the judgment, the Constitutional Court of the Russian Federation.That is the relevant law can wait until November.
Information!The Constitutional Court found that the subjects of the Federation "shall be entitled to determine a procedure for registration without waiting propisanie these standards in the federal legislation."Although to date none of the subjects of the Russian Federation did not take it upon myself to set such rules.
Option Two .If you do not intend to wait for the legislators will make appropriate amendments to the legislation or local authorities will do this before you can use the other way - in court.
on your garden or summer cottage located residential building?You may sign up for it, unless the structure is found to be a residential house.
previous law of the Russian Federation "On the Fundamentals of Federal Housing Policy", which provided for the right of citizens who own residential buildings, located on garden plots and meet the requirements of regulations imposed on the living quarters, to renew them as houses with garden plots on the rightprivate property.
But it lost the position with effect from 1 March 2005, ie the date of entry into force of the Housing Code.But a new document regulating the procedure for re-registration of residential buildings in the house and was not accepted.No such laws and at the level of the RF subjects and municipalities.
Recognize home ...
How to achieve recognition of the structure of the house, suitable for living all year round?
necessary to apply to a court of general jurisdiction of a statement on the establishment of the legal recognition of your holiday home suitable for permanent residence.This statement is filed under Chapter 28 of the Civil Procedure Code.
in court must submit the following documents:
1. Documents on the ownership of the land and the house.
2. Status of BTI, which are the technical characteristics of the house - a foundation capital whether or not the wall, and so on. D.
If your interests to defend a third party, it would require a power of attorney.
The documents must prove that the building is suitable for permanent residence, the house is sufficient capital in order to live there permanently.
At the hearing will consider the possibility to recognize the residential structure of an apartment house.From this decision will depend on your registration.If the court finds that the residential building meets all sanitary, technical rules and regulations, it recognized the dwelling house.In such a house can be recorded.If the court comes to the conclusion that it is impossible to live year-round, and the house does not meet the standards, then rely on the "registration" is not necessary.
Housing Code recognizes the residential house, if it is possible to live all year round.
We can say that it can not be recognized as a residential home building, where there is no electricity, heating.The same applies to the temporary buildings that do not have the foundation.
But the lack of a centralized sewerage system and hot water in one- and two-storey residential building can not serve as the basis for recognition of the dwelling unfit for living.
Do not be afraid to spend money on legal fees, in particular the state fee, without payment of which the court will not consider your application.The fee is 100 rubles.
... or do not recognize?
uninhabitable recognize the residential premises located in hazardous areas of landslides, mudslides, avalanches, as well as in areas that are flooded each year by flood waters and which can not be by means of engineering and design solutions to prevent flooding.
In short, do not waste time and go to court to your shack of tin sheets and other scrap materials recognized home.
So, in order to "win" in the court room in which you intend to "registered" must be stout and have all the conditions for permanent residence in it.Your goal - to prove in court that this is exactly what your garden house or summer cottage meets all standards.And here you will have no problems either with water or with light or with heating in the winter or the other benefits of civilization.
Another important point: the house built on the site must be within the boundaries of the village, in the area of transport accessibility, connected to utilities.
After a court ruled in favor of the recognition of the structure of the dwelling house, the next step - with this document, you may apply to the authorities of the Federal Migration Service for registration of persons residing there.
Pro and contra
no doubt that the decision in favor of the registration in the garden will be viewed positively by Russians.Today, many built in the cottage and garden plots is not something that houses and entire palaces, where you can live all year round.So why is so difficult to register in such a mansion?
1. According to officials, "residence" in the garden plots will entail the emergence of new settlements.And if in the "prescribed" and people live, they need health clinics, schools, kindergartens, public transport, roads and other infrastructure.And all of this will require additional funds.
2. Today, a house with a garden plot is cheaper than an individual house on the land for individual housing construction (individual housing).But with the advent of the possibility of being registered on a country or a garden plot, and plot the price will rise.Indeed, in this case, a garden plot will not differ from the land for individual housing construction practically nothing.
3. According to the officials of the Federal Migration Service, the registration on a garden plot of land does not lead to an influx of migrant workers.But if a person (the landlord) is registered in a residential area, located on a garden plot of land, and came to him to visit a relative from the near (or far) abroad, in accordance with the law a person must give notice of its arrival, the FMS.Naturally, the owner of the premises put him at the place of their "registration".So what hurt to do the same owner of property in relation to other foreigners - non-relatives, for example, for money?Especially now that registration of foreigners is a notification, not permission-based procedure.
From Russia registered almost 20 million horticultural areas around 1.5-2 million belong to the Muscovites.Most of them have buildings for permanent or temporary residence.
In deciding on the recognition of the structure of the dwelling house is not superfluous to read the terms of recognition premises of residential premises, residential premises unfit for habitation and apartment building emergency and subject to demolition or reconstruction, the document approved by the Government of the Russian Federation from 28.01.2006 № 47.
In particular, it discusses the requirements to be satisfied in a dwelling.
Maxim Borodynya lawyer:
Thus, a prerequisite for a man to "registered" in the country, as follows:
a) residential building must be suitable for permanent residence;
b) a plot of land to be used for gardening (and not for anything else, such as gardening);
c) section should be located on land belonging to the category of land settlements.
The most serious of the existing constraints - the third.The fact is that you can register in a building erected in the so-called land settlement, land of the village - it could be the village, the village or some municipalities.Where should necessarily be a medical center, a shop, a playground ... I mean the registration status in the garden should be supported by additional social infrastructure.A majority of country houses is just on agricultural lands, and the already mentioned decision of the COP is not concerned.
theoretically possible that the summer residents of gardening association 200-300 or more houses, decide "to register" on their acres.Please.But on the same allocation of land they will have to build a medical center, a shop, a playground ... Who would want to voluntarily release it under their land?
Another question arises: is it possible to convert agricultural land into the land of the village?Can.Such a decision shall be taken at the level of the regional governor at the request of the head of the district administration.The head of administration is preparing a written order, it shall be made "upstairs" for approval and a decision on the transfer of agricultural land in the land settlement.Or not accepted.
The Land Code stipulates all types of land, including land settlements, settlements and agricultural, among which there is a clear gradation.And there is a separate law on agricultural land, which clearly states that the municipal authorities of its decision or the decision of the federal authorities can seize the land at any time for their own needs, such as for the construction of federal roads or any shopping center.And summer residents will be asked to release the land, instead of providing compensation.