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Published: March 25, 2019

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Until 2021, all actions of summer residents were regulated by the law “On gardening, gardening and country non-profit associations of citizens” dated April 15, 1998 N66-FZ. In accordance with it, registration at the dacha was prohibited. But in 2011, the Constitutional Court of the Russian Federation issued a Resolution of June 30, 2011 N13-P in St. Petersburg, which canceled this rule.

• Registration in SNT in 2021 Changes in dacha legislation in 2021
• Is it possible to register with SNT in 2021 and what is required for this?

Possibility of registration in SNT in accordance with the new law

If a person wants to figure out how to register at a dacha under the new law in 2021, it is worth turning to the legal act. The opportunity to register buildings that are part of the SNT was provided to citizens in 2015. Previously, there was a ban on performing such an action. However, it was found to be contrary to the Constitution. In accordance with the government decree of June 30, 2011, the development of a regulatory legal act began that allows you to register in real estate that is part of a garden non-profit partnership.

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Until the adoption of the law, dacha buildings were considered unsuitable for habitation. Therefore, registration in them was not possible. However, the State Duma adopted a law that allowed the registration of buildings on the territory of SNT if they are considered suitable for living all year round.

Despite the fact that citizens have received the right to register in garden real estate, the procedure for registering such buildings has not yet been fully worked out.

However, the very fact of recognition as possible for the registration of such a registration allows a person to demand respect for his rights and register it in real estate related to SNT. If a citizen plans to register in a garden property, he will have to go through a more complex procedure than standard registration.

Legal grounds

For a long time it was impossible to register in a country house. Changes occurred with the adoption of Resolution of the Constitutional Court of the Russian Federation of June 30, 2011 No. 13-P.

Alexander Vasiliev

Lawyer

The court considered a citizen’s complaint about the inability to register at his place of residence in a garden house located on agricultural lands in SNT. The court declared the ban on registration in gardening illegal, provided that the house is suitable for permanent residence. The fact that the house is located on agricultural land is not important.

Subsequently, changes were adopted to the legislation on gardening partnerships. In the new law No. 217-FZ of July 29, 2017 “On gardening and horticulture by citizens for their own needs,” there was no longer a ban on registration in SNT. The new law also formalized the possibility of building residential buildings on the lands of gardening partnerships.

Currently, registration in a gardening partnership is possible subject to a number of conditions.

How to obtain permission to register in SNT?

When figuring out how to register at a dacha under the new law in 2021, a person will find out that today houses that are part of the SNT can be given the status of “individual residential buildings”. To obtain it, the premises must meet certain requirements.

You can only register in a dacha building that:

• Is capital. A residential building must be erected on a foundation, have permanent walls and interior decoration.
• The land under the house belongs to the citizen. If it is rented, the authorized body will refuse to provide registration. This decision is justified by the fact that in fact the piece of land is owned by SNT. Registration under such conditions is not possible. If a person plans to register in a summer cottage, he will need to privatize the land.
• The status of the land meets the established requirements. If the plot under the house has an agricultural purpose, transferring the property to the status of residential premises and registration in it will be impossible.
• All communications have been carried out to the dacha building in SNT. Water supply, heating and electricity must be present. In this case, the room can also be heated by a stove. Its presence cannot become an obstacle to the recognition of real estate as residential. The lack of running water is also not a reason to reject an application for recognition of real estate as residential. A well can be used as a source of water supply. However, a conclusion from the SES will be required that the water in it is suitable for drinking. If liquid is brought in, the authorized bodies will reject the application to recognize such premises as residential.
• The garden plot must be located within a populated area. If the premises meet all the requirements, but are located far from a city or village, it will be impossible to register there. It will not be possible to obtain a certificate of ownership of the building. An obstacle to this will be the lack of an address. It will not be possible to register on a plot intended for gardening without a certificate of ownership.

Only after the premises are recognized as residential, you can proceed to further actions for registration in the premises that are part of the SNT.

Characteristics of the dacha building and land plot

Automatic use of the right to register in a garden, dacha, or vegetable farming cooperative is impossible. What conditions must be taken into account and how to register at the dacha? There are several mandatory requirements, subject to which citizens of the Russian Federation can obtain the right to register in a dacha.

First of all, this is the recognition of the house as suitable for people to live in not only during the warm season, but also during the cold season. This must be legally recognized. The degree of suitability for year-round use in a dacha building is determined by a special commission, the conclusions of which are based on certain characteristics.

1. All supporting structures show no signs of destruction or serious damage.
2. External walls provide a sufficient level of heat and sound insulation.
3. The building was erected on a solid foundation, reliably protecting it from the effects of groundwater, melt water, and rain. The base is not damaged, has no cracks or other damage that calls into question the safety of the structure.
4. The premises are provided with sufficient lighting.
5. The house has communications: water supply, electricity, sewerage and heating. Without these communications, it will not be possible to register in a country house. An exception may be a house built in a settlement that does not have centralized water supply and drainage systems.
6. If there is a gas pipeline line, the building is gasified.
7. The condition of all elements of the building is important: windows, foundations, walls, stairs, ceilings.

As a result, we can conclude: a possible refusal to recognize a house as suitable for permanent residence will be based on the lack of electricity and heating in it. However, if the majority of houses in the settlement have stove heating, then this requirement will be lifted.

Registration at a dacha will become impossible if the house does not have a foundation and is a temporary structure. At the same time, some technical characteristics are considered by the court depending on the area. There will also be problems with registration for persons who are already registered in the city premises. In this case, you will first have to issue an extract from there, and then register at the dacha. Problems will not arise for those citizens for whom the dacha is their only home.

Read also: Rules and procedures for summer cottage construction

Another indispensable condition in order to register on a dacha plot: the territory must belong to the appropriate land category and be privatized. The intended purpose of the site is for horticultural and other agricultural work or land in populated areas. The house or cottage itself must be registered as the property, the site under the building and the building itself must be privatized. Provided that all these requirements are met, the owner of the dacha can count on registration.

The procedure for recognizing a dacha building as suitable for habitation

When determining whether registration in SNT is possible in a residential building, a citizen must familiarize himself with the peculiarities of the procedure for recognizing a country house as suitable for habitation. Local authorities have the right to name it as such. To begin the procedure, you will need to contact a representative as part of the application. When starting an analysis of the premises, employees of the authorized body will be guided by Article No. 23 of the Housing Code of the Russian Federation.

In most situations, local government representatives require a citizen to provide an expert opinion on the technical condition of the building. Only specialized organizations that have authorization papers to provide such an opinion can issue documents. Additionally, the citizen will have to contact the SES and the fire inspectorate. You will also need to submit an application requesting the provision of relevant conclusions.

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When all the documents have been collected, the garden owner will have to visit the local government again. Based on the citizen’s application, a special commission will be created. She will examine the documentation provided and make a decision.

The commission's verdict regarding a dacha plot can be either positive or negative. If a citizen believes that the decision made violates his rights, he can go to court.

A building that is part of the SNT may be refused recognition as a residential premises even at the stage of receiving the conclusions of the fire inspection, Rospotrebnadzor and other commissions. In this situation, it will be necessary to eliminate the identified violations and then apply for a conclusion again.

Real estate agency St. Petersburg "Colosseum" - we work for you

If you contact our real estate agency, you are guaranteed to get the result you need. Need to appraise your home and sell it? Just give it time, and our specialists will cope with this task. Or maybe you are looking for a cozy cottage outside the city to grow fruit in the summer and bask by the fireplace during the winter holidays? Not a problem either. Our specialist will find a property that meets your selection criteria at a price that suits you.

How do we proceed if you want to sell, for example, a house?

Order a FREE consultation on buying/selling real estate

• First, a real estate assessment is carried out (you can also order this service from us) and an agreement is signed
• If you entrust the specialists of the St. Petersburg country real estate agency “Colosseum” with the preparation of the documentation necessary for the sale of the property, then they will carry out this task. Significant work experience allows us to do this competently and quickly. You can be sure that all the papers necessary to conclude a purchase and sale transaction will be promptly collected and checked for possible errors
• Next, advertisements are compiled and placed on various advertising boards. In addition, the process of selling a property through the Coliseum real estate agency is accelerated due to our far from small client base. Among the people cooperating with us, there are those who want to buy a house/cottage/apartment. Perhaps the characteristics of the house you put up for sale will fit the selection criteria of another of our clients. In this case, the sale of your property will take place in the shortest possible time.
• After showing the property and an oral agreement to purchase the house, all you and the buyer you have left is to conclude the purchase and sale transaction

If you want to purchase, say, a plot of land, our employee, following a certain algorithm, will do everything possible to make your desire come true as quickly as possible. The safety of cooperation with the real estate agency "Colosseum", including during the conclusion of a sale/purchase transaction, is guaranteed by a number of documents. You can study them immediately, since they are all freely available on our website. In particular, for people who contact us to receive support in the process of buying/selling real estate, our company offers to sign a number of documents: a warranty deed, a registration agreement, as well as contracts for search, support, with the buyer, etc. All of the above papers help to protect each of our client.

Applying to the court to declare the summer cottage suitable for habitation

If the local administration unlawfully refuses to provide registration, the citizen can go to court. The proceedings will be carried out on the basis of the provisions of Government Resolution No. 47 of January 28, 2006. When drawing up a statement of claim, you must ask the court to establish the legal fact of the existence of a property suitable for year-round living. When studying the received application, representatives of the institution will be guided by the provisions of Articles No. 131, No. 132 of the Code of Civil Procedure of the Russian Federation. A citizen who wishes to challenge a decision made regarding the SNT site must be prepared to conduct a construction examination. Its results will be included in the case.

Additionally, you will need to provide the following documents for your summer cottage and more:

• conclusions issued by the fire inspectorate and the SES;
• technical passport from BTI;
• certificate of ownership of the land plot on which the building is located;
• certificate of ownership of the property;
• a written refusal provided by a representative of the administration or the Federal Migration Service;
• cadastral passport for land and real estate.

If the court decides that the property is suitable for year-round living, representatives of the local administration will not be able to interfere with the citizen’s desire to register there.

What documents do we provide for approval?

There are a number of requirements for the premises in which we are going to register. The legislative status of houses that are built on the land plots of summer residents is individual living quarters. But to obtain this status, buildings must meet the following conditions:

• Capital construction is required, which involves building houses on a foundation. Constructed walls, roof, interior work - everything is taken into account.
• The land plot is owned by an individual. Registration of residence in real estate located on the site on the basis of a lease agreement is not allowed. In this case, it is taken into account that the land is considered as the property of SNT, registration in accordance with the established rules is impossible.

This is important to know: How to register in an apartment through State Services, step-by-step instructions

Therefore, before registering citizens, we check whether the land plot is privatized.

It is important that the land under the building should not belong to agricultural land. On land plots of this status, registration of citizens is prohibited.

Therefore, we pay attention to the legal status of the land where the house is located. The legislator has provided additional requirements for dacha buildings of citizens. It is imperative to have the necessary communications that will allow you to live all year round. We equip the house with insulation devices. We connect water supply and electricity.

Heating does not have to be gas. Other methods of insulation are allowed. This will not prevent the house from being granted residential status.

Also, a condition for recognizing a house as residential is its location in a populated area. If the property is located outside populated areas, although it meets all legal requirements, it cannot be considered suitable for habitation.

The presence of a house water supply is not considered as a prerequisite. It is allowed to use a well with potable water. There is no provision for the use of imported water only.

Documents of ownership of such buildings are not issued, since there is no address. Registration registration without property documents is impossible.

Registration in SNT through the Federal Migration Service

Having figured out how to register in SNT in practice, a person can proceed directly to the implementation of this procedure. To register in real estate, you must contact the FMS office. You must first obtain permission from the local administration or a court opinion. At the migration service you will have to fill out a standard application form for temporary or permanent registration.

Other documents will need to be attached to the application. The list includes:

• passport;
• home Book;
• certificate confirming ownership;
• permission from the local administration or court order.

In order for an institution to agree to register a person in a building that is part of the SNT, it must be the only dwelling. If a person is the owner of another apartment or house, it will not be possible to register on the territory of the garden plot.

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How long will it take to register and how much will I have to pay?

The registration procedure itself will take 38 days. However, the need to recognize a building included in the SNT as residential will significantly lengthen the procedure. It will take several months to carry out various examinations, document examinations by administration representatives, as well as the work of a number of inspectors.

To speed up the process, you can contact intermediary organizations. They will help you collect the necessary documents and complete the procedure. If controversial issues arise, they will assist in drawing up a statement of claim in court.

If a person wants to register in housing that is already recognized as residential premises, the procedure will be carried out free of charge. There is no state fee. However, at the recognition stage, a number of documents must be drawn up, for which a fee will be charged. In total, the citizen will have to pay 30,000-100,000 rubles. The amount includes the provision of funds for the work of organizations that will carry out the examination.

Tips and recommendations for registration in a summer cottage

Experts advise carefully assessing the situation before going to court. If there is no building at all on the site that is part of the SNT, you will not be able to register. Even if the land is owned by a citizen, it is impossible to register on it. In fact, this means that the person will be registered on the street. Current legislation does not allow such an action.

If a citizen wants to permanently register in SNT, he must take into account that he will have to pay a fairly large tax for the building. Additionally, you may encounter problems of a domestic nature. Medical services are not always available on the territory of SNT. There are frequent interruptions in water and electricity supplies. The authorities of the subject are not obliged to organize infrastructure on the territory of SNT. The solution to such issues will have to be resolved by the residents of the garden partnership independently. Additionally, problems may arise when children attend educational institutions. If a person who previously lived in Moscow, but decided to move to the Moscow region, decides to register in SNT, he will lose the list of benefits and additional payments that are provided to him as a resident of the capital. Registration in a gardening partnership is a rather complicated procedure. When deciding to take such an action, you should first weigh the pros and cons. To register in SNT, you have to invest a lot of time, effort and financial resources.