rights and obligations, nuances, responsibility

For every lover to risk or save, there is a "Senor Tomato", which, by setting two ladies in red skin, will find the reason to remove the illegal structure. If you are a durable pepper that is not afraid of problems with the law and has a huge amount of lemons - welcome to the dark side of gardeners.

However, if you are like “Cactus”, who besides playing the pipe no longer knows anything, we advise you violently and before you lose your pulse, read law and order. In order not to fall into the hands of fruit and vegetable inspectors, use the competent advice from this article.

rights and obligations, nuances, responsibility

Before building an immovable property on a site, it is recommended to familiarize yourself with the law

What real estate is samostroem?

Practically everyone who lives behind the roundabout has at least one squatter on the plot. Recently, a law has been introduced that obliges documentary registration of all buildings.

According to legislative criteria, real estate is defined as samostroy if:

1. land plot is not intended for the construction of a residential house;

2. you did not provide a package of documents to the inspection office;

3. you violated urban planning norms and construction.

Advice! If the operatives came to you sharply and quickly, it means that you were handed over by a girlfriend-radish who was aware of all your affairs. This is only a fairy tale, a red-faced vegetable is the best friend.

Regulation of controversial issues is carried out by Article 222 of the Civil Code of the Russian Federation, which clearly regulates the rules for conducting construction activities and registering real estate.

rights and obligations, nuances, responsibility

Legally not formalized construction on the plot is a fact of samostroya and the reason for the termination of the purchase and sale transaction

Conducting legal transactions

Due to the lack of documents for real estate, from a legal point of view, you can not make any legal transactions. For example, some mistakenly believe that when selling a registered part of a dwelling house, the owner will be able to convince the buyer that compliance of the site plan with the fact is not necessary.

However, the newly made owner has the right in a court decision to challenge the already closed deal, if it turns out that there is a squatter on the site.

Important ! The property right of the absolute owner of the property does not apply to all unregistered buildings. Such property as a unit of taxation cannot be leased, sold, donated or bequeath.

rights and obligations, nuances, responsibility

Unregistered property is prohibited to rent, sell, give or bequeath

Responsibility for illegal construction

Certainly sooner or later, the citizen will have to be punished for trying to circumvent the law. According to Article 9. 5 of the Code of the Russian Federation, for the illegal construction of real estate, an individual faces a fine in the amount of 2,000 to 5,000 rubles.

The main problem that a citizen may face is the demolition of real estate at his expense.

Important! When the Lemon Guard, led by a grapefruit, comes to you, you will notice that the cost of building and demolishing costs is much higher than the paperwork.

Moreover, if earlier a certain period was given for the implementation of the order and the demolition was carried out only after official notification, now, local authorities have the right to demolish illegal objects without a judicial protocol.

rights and obligations, nuances, responsibility

The decision to demolish an illegal object does not require a court order
On our website you can familiarize yourself with the most popular projects of houses from the double timber , glued timber and profiled timber from construction companies represented at the exhibition “Low-Rise Country”.

In fact, it looks like this: a special commission visits the plots, without the permission of the owners and verifies the master plan with the actual presence of the buildings. If a discrepancy is found, the inspector makes a decision about demolition and provides the holder with a document for signature.

Another aggravating circumstance is the fact of commissioning, that is, in fact, the use of the building for its intended purpose. In the absence of permission from higher authorities, the owner of the samostroya can receive a fine in the amount of from 500 to 1000 rubles.

" Life Example " Sly and self-assured Peter N., illegally seized vacant land in the amount of 2- x hectare, located behind his site and built a capital bath.

The on-site inspectorate found samostroy and set a deadline for demolition, as well as a fine in the amount of 2000 rubles. Peter N., in the hope of avoiding costs, went to his brother in Odessa.Experienced local officials published an official statement to the local newspaper about the planned demolition, and also posted a notice on the front door of the landlord.

Thanks to the cameras standing by the neighbor, the law enforcement authorities were able to prove Peter’s involvement in the construction of the bath. After an unsuccessful search for the owner, after 2 months, the building was demolished and a fine was imposed, in accordance with the legislation of the Russian Federation. Nothing is known about the future fate of Peter.

rights and obligations, nuances, responsibility

To avoid demolition and fines in your absence, do not build a bathhouse or other capital object illegally

In what situations a construction permit can not be taken

There are minor legislative amendments that make it possible to build capital objects, followed by registration:

1. Garage . Postponing the execution of a package of documents is possible only if you are not going to make an object of business activity out of building, for example, a car-care center.

2. Garden House . It belongs to small garden houses in country cooperatives. Of course, there are certain standards for the height and dimensions of the house, so in most cases, the appearance and the square size are determined by the internal charter of the partnership.

3. Small objects . These include a small porch, a kiosk, a carport, etc.

4. Reconstruction . Register overhaul should only be in cases when you change the area of ​​the dwelling and its purpose. For example, you demolished the wall that connected the bedroom and the corridor - now the corridor, according to the law, is a living room.

rights and obligations, nuances, responsibility

Garden house, hozblok, shed, woodsheds and other small objects do not require a building permit
On our site you can find contacts of construction companies that have their own production and accept maternity capital. Directly to communicate with representatives, you can visit the exhibition of houses "Low-rise Country".

Registration of unauthorized construction

As a rule, registration is carried out by filing a claim with the court, followed by recognition of all rights to the erected room.

The following category of persons has the right to file an application:

1. Owner of the land plot.

2. The owner of the site with the right of unlimited use .

3. The owner with the rights of lifelong inheritable possession .

You should know ! The court will take into account your previous attempts to legitimize the building. Therefore, if you have been refused by the local authorities and you have all the documents on hand, take them with you and competently defend your rights.

rights and obligations, nuances, responsibility

Successful registration of samostroya depends on the compliance of the object with construction, fire and sanitary standards

The court considers in detail the issue of compliance of the constructed object with all building codes: analyzes the range of location from neighbors, the distance to the fence, the height of the object, its purpose, etc.

An important factor affecting the positive decision of the court is self-designed compliance with all fire and sanitary standards.

Phased registration instructions for unauthorized construction from personal experience, see the following video

It might be interesting! In the article On the following link, read that everything new is well forgotten old, or all the features of building houses using a handheld technology.


A part of Europeans with Turkish roots have long found a way out of this situation - small houses on wheels are massively acquired. This option allows them to be practically elusive taxpayers and at the same time, they remain full-fledged users of the entire infrastructure.

However, if you are a serious person, treat everything with a businesslike approach, then it’s best to ensure a comfortable and enjoyable life - to register all the objects that you built at the local executive committee.


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