Today, summer cottages continue to be popular. Many families buy them through SNT (Garden Nonprofit Partnership). Some buy this property for growing vegetables and fruits, while others for a weekend break. If people move out of town, then they usually wonder if it is possible to register in SNT. The answer to this question can be found in the next article.
Law
Is it possible to register in SNT? Registration in objects located on the territory of the partnership has become possible since 2015. The previous ban on registration by the Constitutional Court was found to be contrary to the law. The Government Decision of June 30, 2011 prompted the creation of a new law. Is it possible to register in SNT now? This procedure is currently allowed.
But it should be borne in mind that before summer cottages were not recognized as suitable for living, therefore it is impossible to register in them. Since 2013, there have been changes in this matter. The State Duma adopted a law allowing registration in such buildings, if they are suitable for permanent residence.
Although there is a law on registration with SNT, it is important to remember that the event has not yet been finalized. But citizens have the right to such an action, and requirements have been created for buildings on the plots. This is the answer to the question of whether it is possible to register in SNT.
What is required for this?
Cottages in SNT do not have the status of an individual residential structure. To receive it, an object must meet some requirements:
- The building should be capital: have a foundation, capital walls and interior decoration.
- The land must be owned. You can not register at the leased property, because the property is owned by SNT, and registration under such conditions is not performed. Therefore, before registering in the building, the site should be privatized. You should take into account the status of the horticulture territories where the house is located. If the land has agricultural purpose, it will not be possible to make the object residential and register in it.
- The building should have communications, thanks to which year-round living is ensured. It is important to have heating, water and electricity. Stove heating may be present. If the houses located nearby are gasified, and there is no gas in their own, then this cannot be a difficulty for recognizing the property as residential. Water supply is not considered mandatory; a well is allowed. Only in the latter case, it is required to obtain an expert opinion from Rospotrebnadzor on the suitability of water.
- It is important that the house is located in a locality. If the object is suitable for all requirements, but is in the field, then it is not recognized as suitable for living. A certificate of ownership of this house is not issued, since it is important to have an address. Registration without this paper is not performed.
Registration in SNT is possible only if all the rules are met. In this case, the procedure will be carried out quickly.
Suitability
How is a country house considered suitable for living? Recognition rights are held by local authorities. Therefore, the procedure will be performed after submitting the application. Specialists must work under Art. 23 LCD RF, providing for the transfer of premises from non-residential to residential.
Usually, an expert opinion on the technical condition of an object is required to complete the procedure. There are special institutions entitled to provide such documents. It is also necessary to contact the Fire Inspectorate and SES. There you need to write a statement about the study at home and the provision of an opinion.
Representatives of these institutions conduct a volume survey to observe fire safety and sanitary standards, after which a document is issued. You must contact the Administration with a request to assign the building the status of residential. The Commission provides a decision. It can be positive and negative. But this paper is still required, because if it is refused, it will be the basis for going to court.
Going to court
Registration in SNT can be obtained through the court. It is necessary to file an application after receiving a refusal from local authorities. Only a negative decision is considered the basis for going to court. The refusal to register FMS bodies will help. The court will take into account the Government Decree of 01/28/06. Number 47.
The lawsuit must indicate the need for recognition of the building as residential. Such cases are considered on the basis of Art. 131-132 Code of Civil Procedure of the Russian Federation. The court appoints an examination, the results of which are attached to the case. In addition to the conclusion, the following documentation will be required:
- Certificate of ownership of the building.
- Technical passport.
- Certificate of land.
- Cadastral passports.
- Conclusions of SES and Fire Supervision.
- Failure of the Administration or the FMS.
When the court makes a decision on assigning residential status to the object, there will be no refusal to the FMS.
Decor
After receiving a court or administration decision, you must contact the FMS to obtain a residence permit. In this organization you need to fill out an application. Attached is a passport, court order, certificate of ownership, home book.
The building in which it is planned to register should be the only housing. If there is another facility, then obtaining residence permits in the SNT will not work.
Dates and prices
Registration in Russia for Russian citizens lasts 3-7 days. Registration at the facility in SNT involves a survey of the building. Examinations, documentation studies, the work of inspectors is carried out for several months. Therefore, there are no exact dates.
To expedite the procedure, you need to contact the intermediaries. Specialists of the company advise and help to file lawsuits. The registration process in the FMS is free. Since 2005, Law No. 127 abolished registration fees in Russia for Russian citizens. Money will be required to obtain documents issued at the time the premises are recognized as residential. The total amount will be 30-100 thousand rubles, it all depends on the region and the status of the organization.
Renouncement
When to register in SNT fails? Is it possible to obtain a residence permit on the ground? Do not file a lawsuit in the absence of a building site. Even if the territory is considered property, registering on it will not work, because this is not provided for by law.
Recommendations
Is permanent registration in SNT possible? Registration in a summer house is often the only way to obtain registration at the place of residence, since it is only possible in your own housing. Is registration allowed with relatives? Today, the owner has the right not only to register at the cottage, but also to register family members there.
But this procedure has disadvantages:
- It is necessary to pay a high tax on the building, which since 2015 is established on the basis of the cadastral value. It turns out that if the object is residential, then you will need to pay more for it.
- Living with SNT may cause domestic problems: lack of medical care, interruptions in electricity and water supply. The authorities do not control the infrastructure in the SNT, so all the difficulties will need to be addressed independently.
- Muscovites who decide to move out of town may lose the benefits and surcharges that were provided to them as residents of the capital.
Obtaining a residence permit in SNT is a complex process. Before you start it, you must weigh the advantages and disadvantages. To obtain a residence permit requires investment, time and effort.