Is it possible to register on a plot of land without a house?

Registration on a private housing plot without a house but with an address

Negative aspects The disadvantages of land for individual housing construction are: There are restrictions on the allocation of land according to its size (each region has its own standards) The construction of a residential building requires mandatory approval from the competent authorities in order to obtain permission The construction process requires mandatory compliance with the approved standards of GOST and SNiP After completion of construction work the building will need to be put into operation after approval from the relevant authorities. There are no guarantees that the communications and infrastructure available on the site and near it will meet the established requirements and be of proper quality. The listed disadvantages are not very significant, therefore the construction of residential buildings on individual housing construction sites has more advantages.

Registration in individual housing construction

Some owners, having just purchased land and started construction, are wondering whether it is possible to register for individual housing construction. It turns out that if you have all the necessary documentation, this becomes possible. That is, the issue of construction and registration is being resolved in parallel.

So, the owner of the site must contact the city Department of Architecture and submit an application with a package of documents, which include the following:

• title deeds to land;
• urban planning plan;
• finding its section with the circuit.

To obtain a postal address, local authorities submit an application and attach construction documentation, as well as a technical passport.

To put a house into operation, the following papers are submitted:

• relevant petition;
• title documents for land;
• permits for building a house;
• urban planning scheme;
• acceptance certificate;
• document confirming compliance with the necessary standards and requirements;
• diagram, layout and placement of communications in the house.

All data is checked and no later than 10 days later a decision is made on whether to provide registration for individual housing construction or to refuse it.

Thus, today, although the issue is very labor-intensive, it is still solvable. Of course, it should only be done when you really plan to live only in the house. If you have a registration in a city apartment, and you plan to live in it from time to time, then you should think carefully about whether it is worth undertaking such a difficult process.

Assigning an address to a land plot

• a document establishing ownership rights to the site;
• cadastral passport of the land plot;
• a document defining the land management of the site;
• to assign an address to a plot located on the territory of a registered dacha/gardening partnership, it is necessary to additionally provide a project of the territory of this partnership with the indicated numbers of land plots;
• Sometimes self-government bodies may request an extract for a plot from the register of real estate rights.

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How to register on an individual housing construction site in 2021

Some land owners, even at the design stage of a residential building, consult the FMS about registration. To register on land for individual housing construction, all requirements must be met:

• the site is located on the territory of a populated area, with an approved purpose for individual housing construction;
• a floor plan from the BTI was received for the construction;
• the future construction project meets all SNiP standards;
• a postal address has been received for the construction;
• home ownership will be of the capital type;
• the future home is intended for permanent residence;
• The owner does not have any other residential property in which to register.

It is a mistake to think that you can register on any plot of land, since most of them are agricultural lands on which registration is impossible.

You can apply for registration in different ways:

• through the State Services portal;
• through a branch of the MFC;
• in person at the Main Internal Affairs Department of the Ministry of Internal Affairs;
• via Russian Post.

The most common way is to apply through the State Services portal, as it allows you to submit documents from anywhere in the country. But first you need to collect a package of necessary documents from the BTI and other authorities.

Procedure

The first step when registering at an individual housing construction site is to check the availability of another registration in Russia.

If you were previously registered at a different address, it is recommended to deregister as soon as possible . This can be done even during registration of a new registration by filling out the departure sheet according to form No. 7.

But it should be remembered that you can stay in Russia for no more than 7 days without registration. Therefore, after the termination of your previous registration, you should immediately contact the Main Internal Affairs Directorate of the Ministry of Internal Affairs.

Applications for registration at a new address submitted to the Main Department of Internal Affairs of the Ministry of Internal Affairs are in most cases considered within 3 working days. In rare cases, this period can be extended to 8 days.

The following documents are submitted along with the application:

• identification document;
• documents confirming land ownership;
• permission to build on your private housing plot;
• a resolution on assigning a postal address to a site registered in a special register;
• exact coordinates of the allotment;
• site plan;
• house construction plan;
• documentation confirming the existence of grounds for registration at the stage of designing a house or putting it into operation.

Most often, such registration can only be done through the court . But before going to court, you should write a statement to the Main Department of Internal Affairs of the Ministry of Internal Affairs. And most likely, this authority will refuse to register a residence permit on a plot without a house, but this will be the basis for starting a lawsuit.

Resolution on assigning a postal address

The resolution on the assignment of a postal address is the most important document, without which a residential building or land plot will not be able to obtain an address. Today, this service is most often needed by owners of dacha plots registered as property in accordance with the dacha amnesty law. The fact is that certificates of ownership of such plots are issued by registration chambers, but not by cadastral chambers and local administrations. Thus, the address of the house can be assigned to the address of the site. In order to avoid such confusion and be able to register in your own area, you must go through the procedure of assigning a normal postal address.

Is it possible to register on a site without a house - with or without an address?

Article updated: April 2, 2021
Elena GrushinaRealtor with a legal education. Work experience - 12 years

Hello. I’ll answer right away - according to the law, you cannot register on a “bare” plot of land on which there is no residential building . It makes no difference whether the plot has an address or not, whether there is a garden house, country house, barn, bathhouse, garage, etc. on it. The main legislative acts are Law of the Russian Federation of June 25, 1993 N 5242-1 and Decree of the Government of the Russian Federation of July 17, 1995 N 713.

Below I have described the logical chain of articles of the law why you cannot register either permanently or temporarily:

• First, let’s find out what it means to register. In law, this is called registering at the place of residence. Art. 6 of the Law and paragraph 16 of the Resolution - A citizen who has changed his place of residence is obliged, no later than 7 days from the date of arrival at his new place of residence, to contact the persons responsible for receiving and transferring documents to the registration authorities.
• Art. 20 of the Civil Code of the Russian Federation - The place of residence is the place where a citizen permanently or primarily resides.
• Art. 2 of the Law and paragraph 3 of the Resolution - The place of residence is a residential building, apartment, room, residential premises of a specialized housing stock or other residential premises in which the citizen permanently or primarily resides.

A small digression - if you need a free consultation, write online to the lawyer on the right or call (24 hours a day, 7 days a week) (Moscow and the region); (St. Petersburg and region); 8 (800) 350-24-83 (all regions of the Russian Federation).

The result is that the plot is not considered a place of residence, and therefore you cannot register on it. A residential building must be built on the site in which residents are allowed to register. Art. 16 of the Housing Code of the Russian Federation - A residential building is recognized as an individually defined building for the residence of citizens, which consists of rooms and premises for auxiliary use, which are intended to satisfy household and other needs related to their residence in such a building.

It is also impossible to register in a garden/country house, because it is intended only for temporary stay and not permanent residence - clause 2 of Art. 3 of Federal Law dated July 29, 2017 N 217-FZ. To register in such a house, it must be documented to be converted into residential status.

How to register ownership of a residential building on a summer cottage

If you have questions, you can consult for free. To do this, you can use the form below, the online consultant window and telephone numbers (24 hours a day, seven days a week): 8 Moscow and region; 8 St. Petersburg and region; all regions of the Russian Federation.

Purchase of land

Not all people who dream of a country house are ready to buy a ready-made building. In some cases, the secret dream is to build a dream home. There are a variety of offers on the modern market, so it is almost always possible to make a worthy choice.

Not every plot of land is allowed to be used for individual housing construction, so the following factors must be taken into account:

1. Type of land being purchased.
2. Features of legal exploitation.
3. Purpose of the territory.

What types of land are there?

1. Individual housing construction – individual housing construction. Plots of this category make it possible to successfully build houses with a height of no more than three floors. Among other restrictions, it should be noted that only one building can be erected. When purchasing a plot of individual housing construction, you need to take into account certain requirements of the legislation of the Russian Federation:

– construction of a house no later than 3 years from the date of the registration procedure;

– the construction project is carried out by specialists with the necessary qualifications and licenses;

– the project has been agreed upon with regulatory government services.

Subject to compliance with the law, it is possible to obtain permanent registration. However, registration on a land plot of individual housing construction without a house turns out to be a serious problem, since it is necessary to register the ownership of a new building, which fully complies with the current SNiP requirements.

1. Private household plot - management of personal subsidiary plots. This category of land plots is divided into 2 types:

– Household land located on the territory of populated areas. There is the possibility of building a house and other outbuildings.

- Field land. This territory is always located outside the city. The main purpose is agricultural activity. It is forbidden to build a residential building or other buildings on field land.

Is it possible to register on a plot without a house?

Some owners, concerned about personal property issues, are ready to contact the FMS at the design stage to resolve the issue related to registration.

The registration procedure becomes possible if the following conditions are met:

1. The village in which the residential building is located must be located on the territory of a populated area. After a legal battle with the FMS, you can even register on an agricultural plot.
2. Is there a floor plan for housing from the BTI? This document is mandatory for a successful resolution of the existing issue.
3. The house must have an official postal address, which is issued only to those buildings that are located on the territory of the populated area. It will not be possible to obtain a postal address for agricultural land, so registration is impossible.
4. In a plot without a house, registration becomes impossible. The only exception is that the land is not classified as agricultural property.

In most cases, individual housing construction lands are used for SNT, DNP, therefore registration becomes prohibited.

The decision may be subject to change based on the following aspects:

1. Proof that the home is a single place of residence.
2. The property is capital and ideal for year-round living.

To successfully resolve existing issues and facilitate the implementation of tasks regarding legal residence, care should be taken to carry out permitted housing construction, since otherwise the services will still refuse to obtain registration due to non-compliance with the legislation of the Russian Federation.