Such situations when the object is built, but there are no documents for its construction, are not uncommon. They arise when the developer did not have time to draw up documents for the completion of construction work or does not know that the construction is subject to mandatory registration. So, in this article we will consider all the points and new rules for the legitimization of unauthorized buildings: starting from documents and ending with a statement to the court.
What is an unauthorized structure
Under unauthorized construction of real estate, according to the Civil Code of the Russian Federation, are understood:
- Buildings erected on a land plot that did not receive proper papers.
- A building located in an area that does not involve construction work.
- Real estate erected without documents agreed with the authorities.
- Buildings during the construction of which the fire safety and urban planning rules were violated.
In the absence of permits to legitimize an unauthorized building, the owner of the building will not be able to take a number of legal actions: sell, lease, issue a donation or carry out privatization.
Methods of registration in the ownership of an unauthorized structure
In order for the constructed building to acquire legal status, there are two ways to register ownership:
- by agreement with the administration of the village;
- filing a lawsuit.
The first method of registration of ownership is simpler. To implement it, the initiator of the construction must first be the owner or tenant of the land on which construction is underway. Before contacting the administration of the settlement, you need to make sure that a number of conditions are met, if not fulfilled, a simplified procedure for legitimizing unauthorized buildings is impossible.
In addition to the rights to a plot of land, an object under construction should be suitable for the parameters indicated in the papers for ownership of the plot. If the land was given out for individual housing construction, then the construction of a multi-storey building there will be illegal, and the process of legalization by administrative means is impossible. Legal recognition of the building is also impossible if any construction is prohibited on the ground. These include lands of water protection zones, specially protected territories. In such a situation, even a statement to the judiciary does not guarantee the legitimization of the facility.
Conditions also include the ownership and security of third parties. Construction will be declared unlawful if the site belongs to citizens who are not interested in having a building, if other structures suffer during the construction work of the building, and if the building was erected with violations that pose a danger to citizens, their life and health.
Algorithm of actions for voluntary registration of ownership
In order to obtain ownership of the constructed building, it is necessary to register it.
The procedure for legitimizing unauthorized construction occurs according to the following scheme:
- The owner or tenant of the area for construction calls on the cadastral engineer to develop a technical plan. During construction work on the lands of individual housing construction (IZHS) or personal subsidiary plots (LPS), before the preparation of the technical plan, it will be necessary to present the engineer with a building permit.
- Pay the state fee for cadastral registration in the amount of 350 rubles.
- At the office of the multifunctional center (MFC), apply for a statement, attaching a technical plan to it. The application can be made by both the owner of the land plot and an employee of the IFC.
An application will be answered within 12 business days. If the decision is positive, the right of ownership or a corresponding refusal will be established indicating the reason.
If construction is planned on lands intended for private housing construction or LPS, and the developer does not have a building permit, the first step in legitimizing an unauthorized construction will be a trip to the MFC. At the MFC office, the owner of the land must submit an application for the provision of a town-planning plan for the land.
What to do after getting an official plan
It is necessary to sketch a plot with an indication of the location of the building. Documents for legitimizing unauthorized construction include: a town-planning plan, a site plan, and an application for permission for construction work. The developer comes to the IFC and gives the paper to the employee of the center. Only after obtaining a building permit can one draw up a technical plan and submit documents for the right to own the building. If a statement of ownership has been denied, you must go to court.
Court ownership
Before filing a claim for the legalization of unauthorized construction through the court, it is necessary to take measures to obtain property rights out of court. To go to court with a statement recognizing the right to own real estate, you must get a paper with the refusal of local authorities.
When filing a lawsuit in a court, it is necessary to write in the application, as whom the request is submitted, as the owner of the land plot or its tenant. To confirm the status of the applicant will need to submit an extract from the unified state register of real estate (USRN).
Documents for legalizing unauthorized construction also include a cadastral plan and a technical passport of a property. Documents for the object are issued by the cadastral engineer. Copies of the papers are attached to the statement of claim.
Statement
In a statement, the plaintiff describes the property, its technical characteristics according to the passport. It also describes the construction company, the organization of the contract and the timing in which the construction took place. Contracts with construction companies, invoices and receipts for the purchase of construction tools and materials are also attached to the application.
Lawsuit
The lawsuit describes the reason for the refusal to issue ownership of the building by the municipal authorities. To confirm the reason for the refusal, a document from the authorities will be required.
In the statement of claim to the court on the legalization of unauthorized construction, in the upper right corner, you must specify the judicial authority that will consider the case. If the cost of the construction object is less than 50,000 rubles, then the lawsuit is filed with the magistrate court. If the amount of the building is above 50,000 rubles, the case is considered by the district or city court.
After the name of the court, the plaintiff indicates his full passport data with contact phone numbers and address of residence. The following is the name of the defendant. In the role of a defendant, the applicant always indicates the municipal body of local self-government of the territory on which the construction object was erected.
State duty calculation
When applying to the court, you will need to pay the state fee for filing a lawsuit. The cost of the duty is not fixed, calculated on the basis of the price of the claim. The price of the claim is the value of the property, calculated not lower than the inventory. If the object does not have inventory value, then the price of the claim is taken in accordance with the property insurance contract. For legal entities, the price of a statement of claim may not be lower than the book value of the building.
If the cost of the building is not higher than 20,000 rubles, then the amount of the duty is 4% of the price of the claim, but cannot be less than 400 rubles.
To calculate the price of the claim, you must order an assessment of the structure in an independent company.
The list of documents for a lawsuit in court
When applying to the court you need to know what documents are needed to legitimize an unauthorized building. The annex to the claim must contain:
- Independent company report on the value of the property.
- Help from the Bureau of Technical Inventory.
- Documents confirming the ownership of the land.
- Documents fixing the real presence of illegal construction on the land. The role of such a document may be a technical plan.
- Written consent of property owners located in close proximity to unauthorized construction.
- Fresh photos of the object confirming the fact of the presence of the building on the indicated land plot.
- Conclusion in court to legitimize unauthorized construction from inspection bodies about the absence of violations of sanitary and epidemiological standards, as well as the fact that the building does not harm the life and health of others and does not violate the civil rights of others.
- Applications for appeal to municipal authorities for registration of property rights and official refusal.
- State duty receipt.
Copies of the application to the court are made to all participants in the trial, including one or more defendants and the judicial authority. Copies of the attachments to the claim are attached to them, with the exception of the receipt of payment of the fee. Its original is applied to a copy only for trial.
Actions in the event of a positive court decision
If the court ruled in favor of the plaintiff and confirmed his right to register the unauthorized construction as a property, the owner of the building must document the ownership of the object in a short time. Such a document is prepared in Rosreestr.
You can apply for legalization of real estate directly at the Rosreestr branch or by contacting the IFC. Together with the application for registration of ownership, the owner of the building must submit:
- Receipt of payment of state duty. For individuals, it will be 2,000 rubles, for a legal entity, the amount will be higher - 22,000 rubles.
- Passport of the property owner.
- Technical passport of the building, regarding which a court decision was issued.
- A court decision in favor of the plaintiff with recognition of ownership of the unauthorized construction.
When securities are submitted to Rosreestr within 5 working days, a document of ownership will be drawn up and the owner of the property will be able to legally legalize transactions with him.
Rejection of claim or negative court decision
Judicial practice to legitimize unauthorized construction is often accompanied by cases of refusal to accept the statement of claim by the judicial authorities. There are cases when the refusal was unlawful and the plaintiff had the right to consider his appeal in court.
Reasons for refusal
There are several reasons why the judiciary has the right to reasonably refuse to accept the application:
- If the issue of registration of ownership has already been considered in court and a court decision has been issued on it. A court decision can only be reviewed if an appeal is made to a court of the highest category.
- In the case when the claim was drawn up incorrectly or not enough information was provided to make a decision by the court
In the second case, the plaintiff has the right to re-appeal to the court, provided that the application is written correctly and all the required documents are submitted regarding the property and its owner.
In the event that the court refused to legitimize the erected structure, the owner is obliged to bring it into proper condition, if its erection did not violate the natural environment or the rights of third parties. Otherwise, the court may decide to demolish the illegal building. The term for the execution of a court decision for the owner of the property is from 3 to 12 months. All expenses for the demolition of an illegal unauthorized structure are borne by the initiator of the construction work.
Instead of a conclusion
Real estate objects become unauthorized constructions due to lack of time for the owner to collect documents and visit government bodies. If the construction takes place on a land plot owned by the owner of the real estate by the right of ownership, the construction of the facility takes place according to the type of land allocated (under IZHS, LPS), as well as in compliance with all sanitary standards, then legalizing such a construction will not be a lot of work and time-consuming. In case of refusal in the municipality, you can file a petition with the court. If the court decides not in favor of the plaintiff, then there remains a chance to appeal to the judicial authority of the highest instance.