In our article, we want to talk about private housing. What it is? Let's look at this issue. Indeed, very often in advertisements for the sale of land, houses, summer cottages, one can find such a reduction. But what exactly does it mean? And is it of any importance for the acquisition of real estate? It turns out it has. And sometimes it plays a decisive role, since each buyer wants to invest his savings wisely.
IZHS: decryption
IZHS is an abbreviation that stands for "individual housing construction". It should be noted that there are several types of land use, each of which is divided into several subspecies depending on the purpose of use.
The abbreviation IZHS applies to houses and land. To understand the meaning of the concept in more detail, you can refer to the Urban Planning Code of Russia.
It says: IZHS - these are residential detached houses with no more than three floors, and intended for one family. Of course, such a definition is not entirely clear and unambiguous. Why, for example, is the number of storeys of the house indicated, and how many people are meant for one family each? Could there be several entrances in such a house? In general, a lot of questions arise.
The uncertainty of the issue has led to a lot of abuse by developers. And at the same time, massive conflicts arose. The fact is that under the guise of IZHS residential multi-apartment complexes and even townhouses were built.
Land plots IZHS
Very often, the reduction of individual housing is used to indicate the legal status of the land. If you do not go into the jungle of jurisprudence, then IZHS is a piece of land intended for the construction of housing facilities on it.
Such sites have their advantages. The Land Code of the Russian Federation clearly defines land categories based on their intended purpose. One of the groups is the land of settlements. In fact, these are the territories where cities and towns are located. So, one of the subspecies of this group are sites IZHS. It turns out that the abbreviation from the description of buildings turned into a description destination land.
You need to know about IZHS
Since the plots always belong to the locality, then:
- By purchasing a house with a plot of IZHS, you can safely register in it.
- On the IZHS site, you can build your own house, while obtaining the appropriate permission.
- Living in a private house IZHS, you pay property tax and utility bills on meters. You are not required to pay any membership dues. Also in this case, you do not pay for road repairs, gasification and other services, since this is the responsibility of the administration of the village.
IZHS nuances
However, there are always some exceptions. For example, you purchased a house in a cottage. In such places, communications are managed by the developer, who will certainly take care of creating a management company that provides a number of additional services that are unlikely to be refused.
Someone might think that absolutely any site in the village is an IZHS. Deciphering the names of the categories of land suggests that there can be plots on the territory of settlements that have different purposes. To know everything for sure, you need to look at the documents of title. The certificate of ownership must indicate the following: "for individual housing construction" or "for the construction of an individual residential building." Even in the documents it must be noted that this is a house for year-round use. Otherwise, you may have problems with registration in such housing.
In more detail from the point of view of the law IZHS - what is it? A very convenient form of legal regime for a land plot or home ownership. This status guarantees the possibility of building a house, obtaining a residence permit, providing energy resources and infrastructure.
Land transfer under IZHS
Since IZHS is not only the building itself, but also the category of land, confusion often arises. The fact is that the buyer is often promised that the land he has acquired can be transferred under individual housing construction. People are absolutely sure that, having issued a number of documents, they will receive a plot of the category “land of settlements” with the designation “for individual housing construction”. We want to note that this is not always possible. In the best case, it will turn out to transfer the plot from the category of agricultural land to the cottage construction. Therefore, acquiring land with such prospects, you need to know exactly the nuances of the possibility of changing the purpose of the site.
Is a land category change possible?
IZHS - what is it? Not only the type of land, but also permissive use. All these nuances need to know. Before transferring a vacation home under IZHS, it is necessary to legally change the purpose of your acres from an agricultural land to a settlement.
But if your possessions do not adjoin any settlement, then transfer is impossible. You have the right only to draw up your building as an IZHS, but on condition that the site will have the status of "for summer construction". The house must comply with certain standards, otherwise it may not be recognized as residential.
The order of transfer to IZHS
If you need a plot for individual housing construction, but you have acquired land of a different category, then you will have to draw up the land transfer to IZHS yourself. However, not everyone knows how to do it right. The procedure is regulated by federal law and includes the following steps:
- Submit an application for transfer of a site from one category to another to local authorities. The document must indicate the cadastral number, the category that is assigned to the site, the justification of the reasons for the transfer from one type to another, and ownership rights.
- The following documents are attached to the application: cadastral passport, a copy of the applicant’s passport, an extract of the right to own land, the consent of the owner to change the category of the plot.
- The submitted application will be considered. There are only two possible answers: they will issue either a deed of transfer or a refusal. The decision is issued no later than two months from the date of application. The decision is sent within fourteen days after its adoption.
- Legislation clearly defines the reasons for changing the category of land. You may well be refused to transfer land to IZHS. The most common wording in this case is - "the site is located outside the village." Indeed, if there has been a change in the boundaries of the village, and your site is within its boundaries, then you can certainly claim to change the category. If such a miracle did not happen, then, of course, they will refuse you. It is impossible to call a plot in the field the land of a settlement. This is nonsense.
The main conclusion that suggests itself from all of this: if your land does not adjoin a settlement, you can not count on its transfer to IZHS. That it is impossible, it is better to know in advance when purchasing a plot, otherwise it may be an unpleasant surprise for you.
Can I get guaranteed individual housing construction?
If you set out to build a house in nature and relax there with your family, then in order to avoid problems, we advise you to purchase a plot belonging to the category of "land settlements", as well as with the possible use of individual housing construction. This scenario will be the simplest. Otherwise, you will spend a lot of effort and time trying to reissue documents. And there is absolutely no guarantee that your efforts will succeed.We also advise you not to believe the opinion of sellers about the simplicity of transferring a site from one category to another if you wish. As practice shows, your desire alone is not enough, all actions must be confirmed by legislative documents. Therefore, when purchasing a site, carefully study the documents for it.
Instead of an afterword
Having decided to purchase a plot for individual housing construction, first understand for yourself what you want to get in the end. If registration and legal grounds for construction are important for you, choose plots on the territory of settlements, since land in summer cooperatives can not always be transferred to another category.
Remember that in order to build a house you will also have to draw up a number of documents in the Rossreestr in order to legitimize it and draw up ownership. If you buy a plot with a house, then all these papers must be present at the seller. And your task is to carefully study them in order to avoid misunderstandings in the future. We hope that the information presented by us in the article will be useful to you.