What is the procedure for recognizing a garden house as residential, and a residential one as a garden house?

The transfer of a garden house into a residential building is possible if an appropriate decision is made by the local government body of the municipality on whose territory the object is located. You can register a country house in SNT as a residential one in Moscow or the Moscow region in the manner prescribed by law by contacting the City Cadastral Bureau.

We take care of all issues and save your time! We offer a turnkey service: preparation of an expert opinion and support of the transfer of a building from non-residential to residential in the executive authority.

The procedure for recognizing a garden house as residential is regulated by the following legislative acts:

• Federal Law of July 13, 2015 No. 218-FZ “On State Registration of Real Estate”;
• Decree of the Government of the Russian Federation dated December 24, 2018 No. 1653 “On introducing amendments to Decree of the Government of the Russian Federation dated January 28, 2006 No. 47.”

When do you need to register a country house as a residential one?

An expert’s opinion on recognizing a garden house as residential and its suitability for living is required in the following cases:

1. To obtain registration in a house that is located in a garden non-profit partnership (SNT). This is the most common case, since many citizens are busy building a cottage or summer house as a home for permanent residence, and then they need registration in this home.
2. To put the house into operation. An expert’s conclusion in the case of converting a country house into a residential one is a document that confirms the compliance of the capital construction project with the requirements of technical regulations and the fact that the building is suitable for human habitation.
3. To eliminate errors in the technical passport of the BTI or in other documents, if any were made during cadastral registration or registration of the technical passport. For example, a house is residential, but in the documents, due to a misunderstanding or someone’s oversight, its purpose is indicated as non-residential. This can be easily corrected if the error was noticed immediately, but if the issue “resurfaced” months later, you need to prove the purpose of the building, following the procedure for converting a garden house into a residential one.

How to recognize a garden house as residential and register in it?

A client contacted the legal office of the city of Chernogorsk, who built a residential house on a garden plot, but could not recognize the house as residential.

The problem was that the client was talking about a zone of gardening partnerships, and the main types of permitted use of this zone did not include the placement of residential buildings. In this regard, it seemed possible to register the right only for a garden house. And since the latter is not a residential premises, it is impossible to register in it at the place of residence - and this was the client’s ultimate goal.

To recognize the garden house as residential, the client contacted the administration, providing the necessary documents, as well as a conclusion on the house’s compliance with the norms and regulations for residential buildings.

However, the administration refused to recognize the house as residential, citing the fact that the zone of gardening partnerships does not provide for the placement of residential buildings.

Lawyers of the “Unified Defense Center” did not agree with this state of affairs, and filed an administrative claim in court to declare the administration’s decision illegal and oblige them to recognize the garden house as residential.

Our arguments were motivated by the fact that, in accordance with Part 12 of Art. 70 of the Federal Law “On State Registration of Real Estate” No. 218-FZ, until 03/01/2021, state cadastral registration and state registration of rights to a residential or garden house created on a land plot intended for gardening by citizens is allowed, based only on a technical plan and title document.

State cadastral registration and state registration of rights to a residential or garden house in the case established by this part is carried out regardless of compliance with the requirements established by part 2 of Art. 23 of the Federal Law of July 29, 2017 No. 217-FZ “On the conduct of gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation.”

In accordance with Part 2 of Art. 23 of the Federal Law of July 29, 2017 No. 217-FZ “On gardening and horticulture by citizens for their own needs and on amendments to certain legislative acts of the Russian Federation”, the construction of capital construction projects on garden land plots is allowed only if such land the plots are included in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved, providing for the possibility of such construction.

Thus, the law gives the right to put on the state cadastral register and register rights to capital construction projects, regardless of inclusion in the territorial zones provided for by the rules of land use and development, in relation to which town planning regulations have been approved.

The administration did not recognize the claims, referring to the fact that the provisions of the law relate only to state registration and are not applicable to controversial legal relations.

As a result, the court declared the administration’s decision illegal and ordered the administration to issue a new one recognizing the garden house as a residential building. Thus, not just an intermediate result was achieved, but also the client’s main goal.

The responsible lawyer for the work in court with this client was A.V. Lozhnikov.
11.11.2019

Examination of the suitability of a building for habitation

An examination is carried out to convert a garden house into a residential one. When assessing the suitability of a building for habitation, the expert will check:

• whether sanitary, hygienic and construction standards are observed - for the entire volume of the room, ceiling height, glazing level, operation of the ventilation system, thickness of the thermal insulation layer, etc.;
• the strength of the foundation, load-bearing walls, as well as the tightness of windows, roofing and doors;
• air quality (absence of mold spores, harmful impurities, etc.);
• operability of the heating system, power supply systems, water supply and sewerage, gas supply;
• ensuring fire safety requirements - the quality of the electrical cable laying, whether the rules for installing heating devices are observed, the availability of fire protection treatment for combustible structures;
• radiation background.

Recognizing a house as residential: where to start and where to go

Currently, recognition of a building as residential is carried out exclusively in court. The procedure includes the following steps:

• carrying out a construction examination by an organization that has a license and SRO approval for technical inspections;
• filing a claim with the court to recognize the dacha building as a premises fully suitable for permanent residence;
• preparation by a cadastral engineer of a technical plan based on a court decision that gives permission to transfer a country house into a residential one;
• obtaining an extract from the Unified State Register of Real Estate for the property.

Of course, it will take a lot of time and effort to collect the necessary documents and go through all the authorities. It is impossible not to mention the material component: on average, the cost of recognizing a house as residential is at least 100 thousand rubles. However, in the future, such investments will give tangible dividends, because practice shows that market demand for residential buildings is much higher.

Why this procedure should be ordered from us!

Are you planning to convert your garden building into a residential building, but are you afraid of making a mistake and facing bureaucratic obstacles? We are ready to do everything for you! There is no longer any need to go from one institution to another, trying to find this or that specialist.

Our lawyers, construction experts and cadastral engineers will quickly prepare a package of documents and represent the client’s interests in court. For more than 8 years we have been successfully converting garden houses into residential premises. The company's lawyers have extensive experience in matters relating to real estate and land.

Prices and terms

The cost of the service depends on the type of object, its area and the deadlines set by the customer.

Call 8 (499) 34-793-34 or write to e-mail: [email protected] , we will answer all your questions.

• Question: What is the practical meaning of recognizing a garden house as residential?

  Answer: This procedure is carried out, first of all, for the purpose of further registration in this house (registration).

• Question: What are the main criteria for recognizing a country house as residential?

  Answer: The main criteria for recognizing a garden house as residential are the presence of stove or gas heating, as well as the building’s compliance with the standards for residential buildings.

• Question: Who can apply for the service?

  Answer: The owner or an authorized representative can apply for the service.

• Question: What documents are required to recognize a garden house as residential?

  Answer: To receive the service, the following documents are provided: a) an application for recognition of a garden house as a residential building or a residential building as a garden house; b) an extract from the Unified State Register of Real Estate on the main characteristics and registered rights to the object; c) a conclusion on an inspection of the technical condition of the object, confirming the compliance of the garden house with the requirements for reliability and safety, issued by an individual entrepreneur or legal entity that is a member of a self-regulatory organization in the field of engineering surveys (if the garden house is recognized as a residential building); d) if a garden house or residential building is encumbered with the rights of third parties - a notarized consent of these persons to recognize the garden house as a residential building or the residential building as a garden house.

• Question: What is the period for recognizing a garden house as residential?

  Answer: The decision to recognize a garden house as a residential house or a residential building as a garden house or to refuse to recognize a garden house as a residential house or a residential building as a garden house must be made based on the results of consideration of the relevant application and other documents by the authorized local government body no later than 45 calendar days from the date of application.

Official procedure for converting a 2021 garden house into a residential one step by step

Experts from the Federal Cadastral Chamber explained for what reasons local governments may refuse such a transfer.

A refusal will definitely follow if the package of documents submitted by the citizen does not contain the application itself or the conclusion on the result of the technical inspection of the building, or if the application was submitted by a citizen who is not the owner of the house.

The administration may refuse to transfer a garden house into a residential one if it has received a notification that there is no information in the Unified State Register of Real Estate about registered rights to the garden house, and the applicant has not submitted a title document or a notarized copy of it for this garden house. In this case, the local government body must inform the applicant about the lack of information about his rights and offer to correct the situation. The applicant is given 15 calendar days to do this.

Another reason will be the lack of notarized consent of third parties who also have rights to the house being re-registered, if any.

A serious reason for refusal is the location of the house on a land plot, the type of permitted use of which does not include the presence of residential facilities - for example, the plot is allocated for gardening.

It is also important that the technical condition of the house complies with the standards established by local authorities for residential buildings.

If the home owner does not agree with the refusal, he will be able to appeal it in court.

Experts remind: in order to transfer a garden house into a residential one according to all the rules, it is first necessary to prepare an application to the local administration to recognize the garden house as residential, an extract from the Unified State Register of Real Estate (USRN) about the main characteristics and registered rights to the property, a conclusion based on the results of an inspection of the technical condition of the house.

An extract from the Unified State Register can be obtained remotely using electronic services (for example, use a special service of the Federal Cadastral Chamber, which allows you to receive an extract within a few minutes).

The Cadastral Chamber talked about simplifying the deregistration of real estate. The application can be written in free form, but you must indicate the cadastral numbers of the house itself and the land plot on which it is located, the applicant’s postal address or contact email address. You should also indicate your preferred method of receiving a decision - by email, in person at the local administration or a multifunctional public services center.

A conclusion on the results of a technical condition inspection, confirming the compliance of the garden house with the requirements for reliability and safety, must be prepared by a specialist engineer. Such a specialist (individual entrepreneur or legal entity) must be a member of a self-regulatory organization (SRO) in the field of engineering surveys.

If the property is encumbered with the rights of third parties, their notarized consent will be required to recognize the garden house as residential.

Documents are submitted in person to the local administration or through a multifunctional center. The local government body makes the decision within 45 calendar days. If the decision is positive, then the administration sends it not only to the applicant, but also to Rosreestr to make appropriate changes to the information about the property.

https://rg.ru/2020/07/23/kadastrovaia-palata-raskryla-prichiny-otkaza-v-perevode-sadovogo-doma-v-zhiloj.html

The procedure for converting a country house into a residential one

You submit an application, our specialist draws up an estimate for completing a set of works. After agreeing on the terms, we enter into a contract for the provision of services. Then you make an advance payment, and our specialist carries out the planned set of activities. At the same time, the expert studies the house design, commissioning certificates, equipment passports, test reports, etc. Specialist:

• if necessary, takes samples of soil, air, samples of building materials for testing, conducts research in the laboratory;
• analyzes the data received and draws up a conclusion on recognizing the garden house as residential.

Advantages of cooperation with us

• Our staff consists of specialists with specialized education who have over 15 years of experience in the field of real estate accounting. We have successfully helped dozens of clients from Moscow and the Moscow region design a garden house as a residential one.
• Delivery of documentation upon concluding a service agreement is free.
• Prices are reasonable for clients with different financial situations.

Our certificates