How to legalize samostroy?
Quite often one has to deal with the fact that the owner of a land plot erects a house, a garage, a shed or some other building on it, without having received any permitting documents. And, when it comes to the sale of the house or the entry into the inheritance, the question arises of how to legitimize the unauthorized construction.
Registering ownership of "AWOL" is not easy, as it will take a very long time and will require certain knowledge. It is necessary in order to collect the required number of documents. This article will talk about how to legitimize samostroy.
Obtaining a building permit
Documents required for registration of unauthorized construction:
- technical passport for the property;
- documents confirming the ownership of the land plot, if the rights to it are registered in accordance with the procedure established by law;
- the cadastral passport, in the case when the rights to the land plot are not registered or the opinion of the board of the gardening association is not given that the property was built within the boundaries of the land plot;
- A document confirming the permission of local authorities to enter the property in operation.
Commissioning must confirm that the building was erected, in accordance with the permission to carry out construction. Therefore, this permission must be obtained. This will require:
- urban development plan of the land;
- documents of title to land;
- land plot scheme, its planning organization. It must necessarily indicate the place of the forthcoming placement of the object under construction.
For permission to put housing into operation will require documents:
- Urban development plan of the land plot;
- Documents of title to the land;
- The act of acceptance of the property;
- Building permit;
- A document confirming the compliance of the object with the requirements of technical standards. It must be signed by the person who carried out the construction of this object;
- Documents that confirm the compliance of the constructed property with the technical conditions. They are signed by representatives of those organizations that operate networks of engineering and technical support.
- The scheme of the land, its planning organization.It displays the location of the constructed object, the location of the networks of engineering and technical support.
The thing is that legalizing samostroy by administrative means is possible only in one case. Construction of the facility can be done only by member organizations of SROs, that is, self-regulatory organizations, until 2009 - this could only be done by organizations that have a license for construction. But there is an opportunity to solve the problem.
How to legitimize the building
After reading paragraph 2 of Art. 222 of the Civil Code of the Russian Federation it becomes clear the following. If the owner of the land plot has built the property without permission, he does not have the right of ownership to it. The owner does not have the right to sell it, rent it out, donate and so on. The very "AWOL" is subject to demolition. But from this article it follows that the owner of the land plot, who owns it on the right of life-long inheritable possession, may in a judicial order recognize his property rights to the unauthorized construction.
First of all, it is necessary to collect an evidence base and attach these documents to the statement of claim. Documents for the court:
- Title documents for the land plot;
- Technical passport BTI, which defines the unauthorized object of construction;
- Documents confirming the fact of construction and expenses incurred by the developer. This may be cash and sales receipts for the purchase of building materials, contracts, etc.
- Extract from the Uniform State Register of Real Estate Rights. It indicates that there are no records of registered rights, their encumbrances or restrictions. This is evidence that third parties do not own the right to the disputed property.
- Technical conclusion on the condition of supporting structures samostroya;
- Conclusion of environmental authorities;
- Conclusion on the compliance of the facility with sanitary norms;
- Conclusion of the fire service on the compliance of the unauthorized construction with fire safety requirements.
- Statement of claim.
In the case of a positive court decision, after it enters into legal force, the owner of the "AWOL" may register the right of ownership to it. There are still some points affecting how to legitimize unauthorized construction. Consider them:
- An application to the court can only be filed by the owner of the land plot.The land must be in his inherited possession for life. First of all, it is necessary to deal with the status of the owner of the site. Maybe he is just a tenant, or it is land squatting, or title documents have been lost or records have not been saved in the archive. Then, before going to court, you must first resolve the issue of entry into ownership of the land. The tenant must purchase the plot and confirm his ownership by the sale agreement.
- Invaders and undocumented must contact the local authorities and write an application for the provision of land in the property. The fact is that the documented real owners of the plots in the above cases are other persons, organizations or the state itself. Therefore, it is not in the interests of the owner who is trying to legalize the unauthorized construction, complicate relations with these people and organizations. At least until such time as he becomes the owner of the land. Just with the above claim, the current owner may apply to the court and demand payment of the costs of the construction.If the local administration is very angry, you can be in court as a defendant and be thrown out of your house onto the street.
- It should also be remembered that in the implementation of construction with the number of floors of no more than three, the preparation of project technical documentation is not required. Do not forget about this when dealing with local officials and judges.
Now you know how to legitimize the building.
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