Is it possible to register at the dacha: bill, registration and collection of documents
The State Duma Committee, which carries out activities on land relations, answered the question of many residents of the country: is it possible to register in the country? For a long time, the response was negative. However, the incidents that occurred in this regard in the Stavropol region did not go unnoticed, and the Constitutional Court allowed registration in the garden house. Now everyone can learn how to register in the country according to the 2014 law.
How to register in the country, the law of 2014: solving several pressing issues at once
According to the 2014 law, anyone can register at the dacha if their housing meets the requirements. The conditions necessary for implementation were also stipulated by the State Duma committee.
Requirements and conditions for registration
Registration in a country house is not an easy process, as some may think. For this, the future place of residence must meet the requirements enshrined in the current legislation.
First you need to carefully study the documents and papers for the site and the house:
- Registration at the dacha can be carried out only if the land on which the house is located is classified as a land category for the needs of the garden owner. Only this status allows the construction of buildings that can later be used for permanent residence;
- The building must be equipped with the necessary communications for living in it for a whole year. This requires a heating system, water supply and light. The conclusion that the premises are suitable for living is issued by the department of the city administration;
- A plot of land with an erected house is required to be registered in the Register. This will be a confirmation that the house is in the cadastral register;
- The building must have a postal address.
And the main requirement is that you can register at the dacha if the land is owned, and the person has no other place to live.
Paperwork
Today, some Russian citizens are concerned about the question of whether it is possible to register at the dacha and how to carry out this process. Registration can be done in two ways:
- Through the bodies of the migration service;
- In a judicial proceeding by the method of appealing against the refusal put forward by the FMS regarding registration in the garden house.
The Migration Service often issues refusals, so the most common way to obtain a residence permit is to appeal this verdict through the courts.
What documentation is required for this:
- The FMS authorities are required to present the cadastral passport of the building;
- Papers for confirming the category of the land plot;
- A letter from the city administration indicating the suitability of the cottage for residence.
If the migration service refuses to register, then a lawsuit is required. To do this, you need to attach to the list of the above documents:
- Personal statement with the reasons for the need for a residence permit in the country house;
- Written refusal issued by the FMS;
- A receipt confirming payment of the state fee.
Who can register at the dacha?
Is it possible to register at a dacha in the suburbs? The Russian Committee on Land Relations indicates that registration of a citizen at the location of the garden house can be carried out in any region of Russia.
The main issue is the recognition of the building as habitable. To do this, the following documentation must be presented to the city administration:
- BTI plan for each floor of the building;
- Photocopies of documentation establishing the ownership of the land and the house located on it;
- Application for the recognition of the building as a suitable place to live. It is compiled in any form.
The application is considered within ten days. In some cases, an interdepartmental commission is sent to the dacha to obtain all the necessary information.
Is it possible to appeal against the refusal of the FMS?
The reasons why the migration service may refuse to register at the location of the dacha and the land plot:
- There is no social infrastructure nearby: a hospital, a kindergarten, a school. The FMS finds it difficult to answer the question of whether it is possible to live comfortably without these institutions, therefore it issues a refusal;
- The country house should be located on the territory of the village, cottage settlement or village. Only in this case will the house have a postal address;
- Lack of some engineering communications;
- Non-compliance of the structure with SNiP standards and safety requirements.
How to register at the dacha, if the land is owned, but the FMS authorities renounced:
- After writing a statement of claim to the courts with the requirement to recognize the illegality of the refusal of registration by the migration services. It is required to indicate that the house is suitable for living;
- Attach a package of documentation on the technical condition of the house to the claim;
- If the court accepts a positive verdict in your favor, then you need to re-apply to the FMS and attach a written basis issued by the court to the documentation.
A residence permit in a country house is a lengthy procedure that has its own peculiarities and subtleties. Despite the fact that the law on possible registration on land plots came into force, due to the requirements established by law, many Russians will not be able to use it. In the future, the State Duma committee plans to make some amendments or changes to the law, but now nothing is known about them.
I understood correctly that a country house can be recognized as a place of permanent residence if it is located on land adjacent to the settlement and has a postal address? And most garden plots do not have just such conditions. Further, the land should be registered as property, and a full-fledged house should be erected on it, which is registered in the BTI as a structure. But all the requirements for the conditions of year-round living in such a building are available. And this building is registered in Rosreestr in the same name as the owner of the site. To register, you will need to transfer this building to the status of a residential building and, along the way, prove that the owner does not have any other housing. Then the suburban area within the boundaries of the settlement differs from a private house in what? There is an address, the house is declared real estate, it is assessed and is included in the tax base. The difference is only in status? Rural house or country house? The difference is not clear to me, but I would like to know.