If you still think that the plot in the garden partnership is those notorious six hundred square meters with a small house-booth and a greenhouse, you are mistaken. Today, many have a full-fledged country house with a landscaped garden area. This is where you can easily live a whole year, especially if the owner has his own personal car, and it is close at hand. However, for permanent residence a residence permit is needed - a documented binding of a citizen of the Russian Federation to his permanent place of residence. But is it possible to register in SNT in 2017? We devote an article to the answer to this urgent question.
New legislation
Note that the possibility of registration in the areas of garden non-profit partnerships appeared among the citizens of the Russian Federation quite recently - in 2015. Before that, the answer to the question: "Is it possible to register in the SNT house?" - was negative. This confirmed the decision of the Russian Constitutional Court.
The law on the possibility of registration in summer cottages began to be developed at the proposal of the Government of the Russian Federation back in 2011. In those days, all buildings in the SNT were considered unsuitable for permanent residence, which is why it was forbidden to register in them. In 2013, a bill had already been passed allowing citizens to choose a place in the garden partnership for permanent registration. However, with one “but”: the building must be recognized by the competent authorities as suitable for permanent residence.
The main acts that should be relied upon in resolving the issue:
- LCD RF.
- Federal Law No. 66 "On gardening, summer cottage and garden associations of citizens."
- FZ 5242-1.
It is worth noting that today the procedure for registration of such a non-standard registration for many is still not debugged. But we still try to step by step to understand its nuances.
Important Terms
Is it possible to build a house in SNT and register in it? As we found out, yes. First of all, you need to comply with the following series of conditions:
- Both the site and exclusively all buildings on it should belong only to you, which is required to confirm the documents.
- As a consequence of the first paragraph, the site must be privatized. If it is rented from SNT, you cannot register for it.
- You have no other registration. If there is a permanent registration somewhere, then you will have to check out of that housing.
- SNT refers to any locality, that is, is within it. If the house is built on land intended for farming, then it will be impossible to attribute to it.
- The home must be suitable for year-round living, meeting all the conditions set by law.
Suitability of a home for registration
Is it possible to register in SNT? What should be the building? This is an individual residential building, according to the legislation, a separate one, no more than 3 floors high, in which only one family lives. The building must also meet the following set of requirements:
- The house must be capital. In other words, to have a foundation, capital walls and interior decoration.
- The building must not be damaged making it impossible to live in it.
- All communications necessary for a permanent life, whose condition corresponds to the current sanitary standards, must be available. This is water supply, electricity and heating. The latter is allowed and stove. It is not necessary that the house has just water supply. A well can serve as a source of water supply. But only with the condition - the suitability of the water should be confirmed by the expertise of Rospotrebnadzor. If you bring drinking water to the site from the column - this is an obstacle to obtaining a residence permit.
- Gasification is a moot point. If it is carried out in SNT, then your house must be gasified to recognize it as suitable.
- Continuous insolation (natural sunlight in the rooms must comply with certain standards).
- Thermally insulated walls. Is it possible to register in SNT on the site? Yes, if there is a constant temperature of 18 degrees inside the house, and the humidity level is not higher than 80%.
- Provides protection for residents from rain and adverse environmental conditions.
- You have documents in your hands that confirm that the purpose of the site is gardening.
- SNT refers to a village with a developed infrastructure - there are shops, pharmacies, post offices and so on.
- The house is required to be registered in Rosreestr.
Obtaining permission to register
The question of whether it is possible to register in SNT is decided by local authorities. Why the event should begin by submitting an appropriate application to local authorities. The work of the latter at this stage will be based on Art. 23 Housing Code, dedicated to the transfer of premises from non-residential to residential.
To do this, you need, in turn, to do the following:
- Get expert advice on the technical condition of the structure.
- Get a conclusion about the suitability of the building, which will be drawn up as a result of research by specialists from the Federal Service for Supervision of Consumer Rights Protection and Human Welfare and Fire Inspection Your house must comply with all sanitary standards for living quarters and fire safety requirements.
We analyze further whether it is possible to register for SNT in the Moscow or other region. With all the conclusions you will need to contact the administration of the village along with a request to recognize your home as residential. A special commission is called upon to examine the documentation.
After analyzing all the conclusions provided by you, a decision will be issued. The verdict can be both positive and negative. In any case, the document is equally important to you. Since if the administration refused to recognize the house as residential, with this decision you are entitled to go to court.
Court resolution
If you received a positive decision, then you can skip this point, analyzing whether it is possible to register in SNT. But if the administration refused, then this document will be your pretext to appeal to the judicial system. Looking ahead, we say that if you get a refusal at a later stage, when you contact the authorities in the FMS, you can also achieve your goal with the help of the court.
The main document that will stand in your defense will be Government Decision No. 46 of January 28, 2006. What to indicate in the statement of claim? A request to establish the legal fact of the existence of an immovable object suitable for living all year round. The case will be considered within the framework of a special proceeding under Art. 131-132 of the Code of Civil Procedure.
The court will have to order a construction examination, the results of which will be added to your case. If the judge renders a positive verdict, then in the future there will be no obstacles in your way, and to the question: “Is it possible to register in SNT?” - it will be possible to give only a positive answer.
Necessary documents for the court
Already in court, you will need the following set of documents:
- passport;
- certificate of ownership of both the house and the plot;
- technical passport for the building from the BTI;
- cadastral passport of the building and land;
- conclusion of Fire supervision and SES;
- a written refusal of local governments to recognize a house as residential;
- statement of claim;
- if necessary, a power of attorney (if the owner is not engaged in the business, but his representative).
Now you know whether it is possible to register at the SNT site.
Set of documents for the FMS
To register at the department of the Federal Migration Service , you will need:
- completed standard application;
- own passport;
- certificate of ownership of the land and the house;
- home Book;
- administrative order or court ruling on the suitability of a home for year-round use.
FMS, MFC, "State services"
Considering the question of whether it is possible to register in the SNT of the Leningrad Region, Moscow or another, we indicate several ways to apply for a residence permit:
- Via the FMS . The main way. But be careful - the issue of registration here is decided on a specific schedule, because this is just one of the areas of competence of the organization.
- Through the MFC . You hand over the necessary set of documents to an employee of the multifunctional center. From this organization, documentation is sent for verification and registration to the migration office. Ready documents in 3-5 days you receive in the same MFC.
- Through the "Public Services" portal . You can fill out an application virtually by attaching scans of necessary documents to it. In a few days, the FMS staff will contact you and set the date and time of your visit for the finished document. You must have the originals of all sources for scans with you. On the spot you will make a note of registration in the passport.
Event Dates
Registration itself usually occurs in 3-7 days. But registration in the territory of SNT is a specific phenomenon. You will need to spend time on:
- examination by home experts;
- construction expertise;
- analysis of the documentation provided by the local administration;
- research by inspectors of sanitary supervision and fire safety.
From here the whole procedure as a whole will take several months. It is difficult to tell more exact terms here. Note that in many cities intermediary organizations have established their activities, whose specialists will help you go through this procedure.
Registration cost
Registration in the FMS branches has been completely free since 2005 under the Federal Law No. 127 for Russian citizens. But at the stage of recognizing your garden house as a living room for year-round use, you will have to spend money. Depending on the region where you live (relevant for those who want to know whether it is possible to register for SNT in Moscow), you need to be prepared to spend an amount of 30-100 thousand rubles.
Cons of garden registration
Sometimes a garden house is the only place where a person can find the long-awaited permanent registration. In addition, legislation allows you to register in such a dwelling not only to one person, but to his entire family. However, both registration and permanent residence on the territory of SNT conceal a lot of minuses:
- The home tax you have to pay has grown significantly since 2015. It is calculated by the cadastral value of the object. Consequently, as soon as the latter is declared residential, its price will increase.
- The infrastructure in the territory of SNT is largely undeveloped: there is no medical service, interruptions in electricity and water supply. Educational institutions for children are far away. In addition, there are certain difficulties in winter living.
- If you lived in Moscow, then changing your residence permit to a garden one, you will no longer be a Muscovite, at the same time you will lose various benefits and surcharges to which you were entitled as a resident of the capital.
Permanent residence in SNT brings with it a series of pluses - the low cost of land and a house, excellent environmental conditions, and the possibility of a private household. But registration in a garden house is fraught with a number of difficulties, and at the same time it is not cheap.