Many of us try to improve our lives in a variety of ways. For some, this solution is to increase the area for housing, as well as for other needs. A large number of citizens are engaged in construction.
In addition to the knowledge necessary to carry out actual actions for the construction of certain structures, it is necessary to familiarize yourself with the information that governs legal process securing ownership of the result of such construction.
To date, the regulatory framework contains a huge number of rules that govern relations in this area. Laws approve not only the procedure for securing ownership of such objects, but also the conditions under which such actions are possible.
In this article we have collected material that will help to understand the processes of legal registration of different types of buildings. At the same time, due attention is devoted to unauthorized construction, which has been widely used in recent years.
The concepts
First, let's try to understand the basic terms that will appear in this article. Construction is an additional area that is added to the main building.
As a rule, many residents build certain premises to their property. But living in them and using them is possible only after all the necessary nuances are completed. In this case, the legalization of the building is a procedure provided by the legislative framework for securing the person’s ownership right over the completed area.
In addition, it is worth highlighting another concept in this area, which has a special design procedure. Unauthorized construction is the process of erecting a residential building, additional structures or other real estate on a land plot not designated for these purposes, in the manner prescribed by law and other legal acts, or created without obtaining the necessary permissions.
Construction methods
To date, the regulatory framework provides for two main forms of construction of this kind. It:
- drawing up a construction plan at the initial stage;
- preparation of the scheme of the finished object.
The first option is characterized by the fact that in this case, the construction itself begins after the person has drawn up a work plan and appearance, which is expected upon completion. In such situations, citizens, as a rule, use the services of specialists who help to make all the sketches more competently. After this, the very process of erecting an additional building begins. For example, how to legitimize the unauthorized construction of a garage? Make a plan, build a building and submit all the necessary documents to the court.
The second method is special in that such schemes are drawn up after all actual actions for the construction of the structure have been carried out. Legalization of the building in this case will begin immediately after such plans are created. Please note that a licensed specialist should draw an object diagram.
Conditions for the construction of buildings
It will be possible to legalize unauthorized construction through the court only if the following requirements are met:
- the construction is being erected on a piece of land that belongs to a person;
- such territory is intended for development;
- the construction entity takes action in order to legalize such an erection;
- the building complies with all the norms and rules provided for by the Laws and the requirements of the relevant authorities.
All of the above points must be observed. Inconsistency of at least one item will lead to a refusal to register ownership and demolition of the building.
The sequence of actions during the registration of structures
There are several steps that are mandatory for implementation. Among them:
- collection of necessary documentation;
- appeal to the court;
- payment of mandatory state tax.
Each of these steps is important. Change their places is not allowed, and illogical. Therefore, following step by step on such instructions, you can safely legitimize unauthorized construction.
Required Documentation
The first stage, as we have already indicated, is the collection of a specific set of documents. Their list is expressly enshrined in law and includes:
- a document that confirms the person’s ownership of the land where the building is located;
- a document confirming the right of a person to the possibility of private home ownership;
- special certificate from the Bureau of Technical Inventory;
- permission to carry out appropriate actions granted by the housing and communal services;
- plan of the building itself;
- design layout of the premises;
- the consent of neighbors to erect the structure in the event that the site on which this building is being built borders on the possessions of other persons;
- characteristics provided by public utilities;
- an act that is issued by the sanitary and epidemiological station;
- photo confirmation of the construction.
The list is quite large, it will not be possible to legitimize the construction of at least without one of the above documents.
Appeal to the court
The next step after all the necessary documents are collected, is to submit them to the judicial authority. In addition, it is mandatory to draw up a statement of claim, which will talk about the need to legitimize the construction.
In this case, it is also important to determine who will be the defendant in such a case. The legislation established that the second side of such a dispute is the local administration, which serves the territory where the building is located.
In addition, in some cases, the authority of Themis may require the written consent of third parties whose place of registration is in the room to which the unauthorized building was built. But, as practice shows, this happens quite rarely.
The court considers the case in essence. The most important thing is that all the rules provided for the construction of premises are observed. This is the main fact on which the body of Themis relies.
Payment of mandatory state tax
After the previous step has been completed and the court will give a “green light” for the registration of property, the person must pay the state fee.
At the moment, its size depends directly on the area of the structure, the land on which it is located, and the region where it is located. The calculation itself is carried out in accordance with the norms provided by the Tax Code.
Moreover, the entire settlement procedure rests with the executive authority, and not with the plaintiff. After a court decision is received, the developer is obliged to go to the Federal Registration Service, where on the basis of the submitted documents he will be provided with the amount payable.
Based on the receipt received from the calculation, the person in any bank branch transfers the amount indicated in the document to the necessary details. Without such payment, all previous actions are irrelevant.
Innovations in 2015
Most often, homeowners are faced with the question of how to legitimize the unauthorized construction of a house.In the new year, some changes were adopted that make it possible to slightly simplify this procedure. So, in order to start trial, the person will need to provide only a document on the land and on the right of private ownership. Everything else will already be filed during the proceedings to demand the justice. But this will be possible only until the end of spring.
After that, the bodies of Themis will not have the right to open a case until there is a complete list of documents referred to in the previous sections.
Denial of proceedings
Quite a lot of citizens are faced with a refusal to accept a lawsuit to legalize the building. Moreover, quite often such actions are illegal. Therefore, in order not to be in a situation of this kind, it is necessary to familiarize yourself with the list of cases when the authority of Themis really has the right to refuse to accept the claim. The legislation refers to them:
- opening a case to legitimize an unauthorized building is not possible if it has already been considered in court, and a specific decision has been made;
- the statement of claim is made incorrectly or does not contain the necessary information.
Exceptionally, these two facts provide the judicial authority with the opportunity to refuse to open a case. No other factor can influence such a decision.
If the legalization of the building was rejected illegally by the court, the person has the right to challenge such a decision. If we are talking about an incorrectly prepared statement, then it is necessary to correct all the errors and contact the authority of Themis again.