The procedure for legalizing an extension to a residential building. Legalization of planned and unauthorized extensions

There is a category of residents who first build an extension, and only after that they begin to decorate it. If you add an extension to your house without permission, then be prepared for the fact that you will have to face difficulties during registration, which can be explained quite simply.

All extensions have the following classification:

• Non-permanent extensions are changes that are made to the architectural design of a residential building. These include: porches, overhangs, awnings, decks or balconies. This also includes a garage if it is located on lands that are intended for gardening or areas not related to the territory of capital construction, as well as structures that do not affect communication highways. Designing this type of extension does not require much time and effort. There is also no need to obtain a building permit for the construction of such structures.
• Capital structures - capital extensions mean structures intended for further residence.

The design of non-capital and capital structures differs. If an unauthorized extension to a private house is of a non-permanent type, then to register it, the owner of the property goes to the local BTI, having first collected the necessary documentation. An application for changes to the technical documentation for the house is drawn up at the technical inventory bureau. After this, BTI employees go to the place where the extension was erected and draw up a report on the completion of the reconstruction stage. Upon completion of all changes to the documents, the BTI issues the amended papers back to the owners of the house.

If a permanent structure was added to the house without permission, then registration must begin with the collection of documents in the form of:

• a document that confirms ownership of a residential building (purchase or donation agreement, inheritance, etc.);
• extracts from the house register;
• permission obtained from the housing authority for the construction of an extension;
• BTI papers in relation to the object to which the extension belongs;
• written agreement from neighbors;
• statements from communication services (gas, fire inspection, water supply, etc.);
• project for the extension (drawings, sketches, etc.);
• photographs of a residential building with an extension.

Is it necessary to design an extension to a private house?

If a major extension was erected without permission, then upon registration it no longer matters what material it was built from. The owner of the property, with the collected documents and an extension plan, applies to the local administration to register the unauthorized construction. Registration is more likely to be denied.

Then, with a refusal from the administration, you must go to court with a package of documents and a statement of claim. If the judicial authority establishes the grounds for allowing registration, then the owner can go to pay the state fee and register the extension with the BTI.

However, the court does not always make decisions in favor of real estate owners who unauthorizedly erect permanent extensions. Ultimately, the extension will be demolished, regardless of how long it has stood and whether it interferes with anyone. That is why it is advisable to first design the extension, and only then begin the actual construction process.

To avoid any difficulties in the process of designing an extension, you should follow simple recommendations:

1. Having a design project in hand, it is worth discussing construction plans with your neighbors in advance and obtaining their consent to build an extension. If any of the neighbors is against it, the BTI will simply not carry out the registration.
2. It is imperative to obtain all permits from various authorities.
3. It is important to avoid architectural errors when constructing an extension, and if the main object has any, eliminate them.
4. When constructing an extension, it is advisable to use only high-quality technological materials that comply with GOSTs and quality standards.

Dacha amnesty: how to register an extension to the house?

The dacha amnesty simplified the process of legitimizing property rights to unregistered plots and dachas. To do this, it is now enough to submit a declaration and obtain ownership rights.

However, the amnesty applies to free-standing illegal buildings, of which extensions are not, as they relate to capital construction. Consequently, it will not be possible to legalize a capital extension under the dacha amnesty.

If the main residential property (house) is not registered, then it, together with the extension, can be registered according to a simplified scheme, since it falls under the amnesty.

How much does it cost to build an extension in 2018?

The cost of registration in each region varies in its indicators, but calling this procedure cheap will not work under any circumstances. On average, expense items have the following indicators:

1. Payment of state duty - 500 rubles.
2. Examination by a judicial authority - 20 thousand rubles.
3. Collection of data about the object - 10 thousand rubles.
4. Making changes to the cadastre - 20 thousand rubles.
5. Certification of a power of attorney by a notary - 1 thousand rubles.
6. Coordination and registration of the extension - 20 thousand rubles.

In general, the process of designing an extension to a house requires care and patience.

You don’t know what to do if you need to legalize an extension to a private house? We will determine what order to follow and how to formalize it correctly so that there are no troubles in the future.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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Let us turn to the legislative provisions that are valid in 2019. People build extensions to their houses for various reasons. Some want to increase their living space this way.

Others use this method to correct an architectural mistake in a project or protect walls from the winds. And not everyone is informed that the extension also needs to be registered.

If you are one of these citizens and are planning to build a structure, or have already completed work on an extension, then it is worth finding out how it is legalized.

Let us immediately note that such a process is not always successful, and people have to demolish the structure. It will be easier to document a structure that has not yet been built.

What you need to know

What is meant by an extension and what standards should one rely on when designing it properly?

Basic Concepts

An extension is the reconstruction of a structure that already exists. This is an addition to the house that was not planned during the project. The extension is connected to the common walls of the main building.

It can consist of several floors and be of any size. To build such a structure, you must obtain permission from a representative of the municipal authority.

There are such extensions:

• canopies that are used for protection from the sun (such an extension does not have to be formalized);
• porch (not a full extension);
• residential premises that require registration in accordance with the law;
• kitchen;
• balcony;
• terrace;
• bathhouse, etc.

An extension permit is a permit for reconstruction. This is an official document that will confirm the building’s compliance with the project, building materials and master plan.

A permit is issued when the land plot and house are in the state cadastre and the right is registered in Rosreestr.

What is it for

It is not difficult to legitimize a non-permanent structure erected on one’s own land at any time, even if it was built a long time ago.

You need to go to the local BTI office and submit a number of certificates, as well as an application requesting amendments to the technical documents.

If you have all the documents for the extensions, then all problems are solved.

And, by the way, if you want to legalize an extension to a house located in, it is worth obtaining an agreement from each owner.

Legislative acts stipulate the following rules:

Normative base

The definition of an extension (that is built without permission) is in.

In () the concept of reconstruction of private houses is considered.

It talks about the need to obtain permission from a departmental body to carry out reconstruction.

In Russia there is also a law in accordance with which the registration of an extension to a residential building is carried out.

The procedure is somewhat simplified, since there is no need to obtain rights to the land on which the extension is located.

Is it necessary to legalize an extension to a private house?

Let's figure out whether it is necessary to legalize the extension to a private house. A building permit must be obtained only if it is planned to build a permanent structure.

If the building is being expanded through an extension, then the documents must be completed. The law does not require registration of a non-permanent extension.

A non-permanent extension is considered to be a construction of the following type:

• a new entrance to the house, a porch, when a separate plot of land is not attracted;
• canopy or staircase;
• terrace or balcony.

No permission needed:

• if a garage is built on, which relates to gardening partnerships, or to land, which is not an object of capital construction;
• if an auxiliary structure is being built;
• if the object does not affect the supporting structure or communications.

Legalization can be carried out before construction or after its completion.

Video: how to legitimize self-construction

List of required documents

Be sure to prepare the following information:

Sometimes they may require a permit from the SES, architectural departments, and firefighters.

Application procedure

How to proceed? There are two options:

It is worth adhering to a certain order, taking into account the construction option. If it is not ready yet, then go to a design firm.

Employees of the authorized body will draw up a work plan and prepare documents.

If the construction is completed, then the structure will have to be legalized through a judicial authority.

Collect the documents, and then go to the district court office with. The application must be accompanied by consent from each resident.

It will not be possible to legitimize an object if one person objects. Please note that the judge will deny your request if there are violations or inconsistencies in the documentation.

The refusal will also occur in the following cases:

The application will be accepted by authorized persons within the time limits established by law. It’s better to clarify immediately whether the claim was accepted or ignored.

A local self-government representative must issue consent for construction, upon completion of which a state commission is invited.

She will draw up, assessing the compliance of the structure with the project and sanitary standards.

A conclusion will be issued with which you should come to the BTI to make changes to the technical documents for the house.

Then the extension is registered with the state registration authorities. After payment, the house will be re-registered with the attached buildings.

So, the process consists of the following stages:

• collection of information;
• submission of documents to the authorized body;
• payment of state duty;
• consideration of the application;
• making decisions and generating appropriate permitting documents.

How much does the procedure cost (state fees)

The legalization process is not free. You need to pay:

If you use the services of a lawyer or draw up powers of attorney, you will have to incur additional expenses. Consulting a lawyer in Moscow will cost at least 1,500 thousand rubles.

If it is necessary to represent your interests in a judicial body, the fee will be 35 thousand. Preparation will cost 1 thousand rubles.

FAQ

The legalization process is not always smooth. What questions are most often of interest to home owners?

How to register if it has already been completed

Unauthorized extension - any piece of real estate - buildings, structures, residential or non-residential, that are erected in local areas.

At the same time, the owner of the house did not have any building permission, or he did, but the work was carried out with significant violations of building codes.

Citizens do not have the right to carry out any operation with unauthorized construction - rent it out, sell it, . First, you should draw up documents for such a structure.

How to legalize an unauthorized extension to a private house? It is easier to complete construction documents before construction. But many have to legitimize an already built structure.

In this case, an unauthorized extension is issued through the court. The owner of the house will be the plaintiff, and the municipal authority will be the defendant.

Documents for carrying out the procedure are collected the same as in other cases, attaching a corresponding application.

If the structure has already been built, then you need to submit the following certificates:

The judge must be satisfied that the necessary permits are in place and the construction has been approved. When you have a positive decision, then you can register.

If the judge refuses to legalize the structure, then the owner will have no ownership rights and the structure must be demolished.

Such a decision is made if someone’s rights are violated or the design is unsafe.

To avoid any troubles, consider the following nuances:

1. Have all the certificates been collected, have all the permits been received?
2. Is there documentation confirming ownership rights?
3. Are architectural standards and sanitary rules violated?
4. Are the materials used safe?

Is it possible under a dacha amnesty?

In the event that it is necessary to legalize an extension to a residential building using the dacha amnesty, you will have to pay a fine. It will amount to 1 thousand rubles (for illegal construction work).

When registering, you should use the application method. The main thing is that the land plot belongs to you as a property, and the rights of your neighbors are not violated.

In an effort to expand space and organize auxiliary premises, citizens often build extensions to an existing house. In the understanding of many, carrying out such work on their personal property is their legal right. However, the law does not accept this approach and obliges owners to carry out construction in compliance with the necessary procedures.

Legislative framework on the issue

• Civil Code of the Russian Federation;
• Town Planning Code of the Russian Federation;
• Tax code;
• Federal Law of July 13, 2015 N 218-FZ “On State Registration of Real Estate”.

Types of extensions to a private residential building

Depending on compliance with the requirements of building legislation, extensions can be:

• Legal, that is, built on the basis of the necessary permits and in compliance with regulations and standards.
• Unauthorized. The Civil Code names 3 signs of unauthorized buildings. In the case of extensions, most often we are talking about recognizing them as unauthorized due to failure to obtain special permits.

• capital;
• non-capital.

When and what extensions need to be legalized?

If we are talking about a non-permanent construction, the owners just need to declare it after construction and contact the BTI to reflect the relevant changes in the technical documentation for the property. This procedure applies to minor improvements that do not change the general contours of the house and do not affect load-bearing walls. For example, the construction of a porch, a new entrance, or the construction of a canopy may be considered a non-permanent addition.

If an extension is planned that contains signs of major changes, then in order to recognize it as legal it is necessary to go through a number of procedures. From the point of view of construction legislation, the construction of an extension is considered a reconstruction of a house if:

• the parameters of the house change (number of storeys, size);
• load-bearing elements are replaced or restored.

Legalization can be carried out in two ways. The choice of method depends on whether construction is planned or already exists.

Registration of an existing unauthorized extension means recognition of its owner as the legal owner. Perhaps this is only in court. However, going to court does not guarantee the applicant the satisfaction of his claim to be recognized as the owner of the building. The consequence of refusal is the demolition of the building or even the entire house if it cannot be returned to its original condition.

The procedure for legitimizing an extension. Required documents and cost

How to legalize the planned extension?

1. Obtaining permission for construction work.
2. Commissioning of the modified facility.
3. Registration of the owner's rights in relation to the changed property.

The procedure for approving reconstruction is determined by Article 51 of the Town Planning Code of the Russian Federation.

• documents confirming the right to a plot and a residential building;
• technical documents for the house;
• urban planning plan of the site: such a plan must be issued by the local administration within 20 days after receiving the relevant request, the document is provided free of charge;
• a diagram or project of an extension prepared independently or by a specialized organization.

Within 7 days, the competent service makes a decision on issuing or refusing to issue a permit to build an extension.

• documents confirming the legal ownership of the site and residential building;
• urban planning plan of the site;
• permission to build an extension;
• a document confirming compliance with technical requirements and standards during the construction of an extension;
• technical plan of the house taking into account the extension.

Some of these documents may be requested by the local authorized body (house documents, permits).

The received permit gives the homeowner the right to proceed to the final stage - cadastral registration of changes and registration of rights to the house modified to take into account the extension. You can submit the corresponding application to the local branch of Rosreestr or to the MFC, as well as electronically through the government services portal.

The following are attached to the application:

• permission to commission;
• certificate from the BTI;
• receipt of payment of the state registration fee: the cost of the procedure is 350 rubles in accordance with paragraph 24 of Article 333.33 of the Tax Code of the Russian Federation.

The extension is legalized from the moment information about the house is entered into the Unified State Register of Real Estate.

Legalization of unauthorized construction

• the need to complete a transaction with the house;
• complaints from neighbors and other persons, entailing the filing of a lawsuit in court to recognize the extension as unauthorized and for its demolition;
• good faith intention of the owner to legitimize the status of the changes made.

The legislation makes it possible to acquire ownership of an unauthorized extension by going to court.

• the person has the authority to construct an additional structure: this means that the site and the residential building are in the legal possession of the person who carried out the extension;
• during construction, special requirements and standards were met;
• the existence of the extension does not contradict the interests of other persons.

The requirements for recognition of the extension as an object of ownership are set out in the statement of claim. Attached to the claim:

• documents on the right to housing and land;
• papers confirming the construction of the extension;
• technical passport or inspection report from the BTI;
• conclusion from utility services on the safety of the structure;
• evidence of the plaintiff’s appeal to local authorities in order to obtain a construction permit;
• an extract from the state register of real estate rights: the paper is needed to confirm the absence of third party claims to the extension;
• a receipt confirming payment of the state duty.

Cases are considered by the court in whose jurisdiction the reconstructed house is located. If the cost of the claim does not exceed 50 thousand rubles, the documents are sent to the magistrate.

In addition to the conditions mentioned in Article 222 of the Civil Code of the Russian Federation, the court takes into account the applicant’s attempts to formalize the extension in accordance with the law. In the absence of documents confirming this fact, the court will not consider such a claim. Therefore, the desires of many citizens to bypass lengthy permitting procedures in the hope of legitimizing the extension are in fact in vain.

To verify the conditions for compliance with construction and other special standards, the court appoints a construction and technical examination. If significant violations are discovered, the court refuses to recognize the right to an extension. The cost of the examination is paid by the plaintiff (about 15-20 thousand rubles).

If the claim is satisfied, the homeowner must contact the Rosreestr authorities for state registration of the changes made.

When legalizing an extension in court, the homeowner's expenses significantly exceed the costs required for administrative legalization. Thus, the cost of legalization through the court, in addition to the costs associated with the production of technical documents, includes expenses for examination and payment of state duties. In some cases, the homeowner is also fined for administrative offenses under Article 9.5 of the Administrative Code.

Reasons for refusing to legalize an extension

• failure to comply with formal requirements (submitting an incomplete set of documents);
• the applicant lacks the authority to carry out reconstruction;
• non-compliance of the planned or constructed extension with building codes, the purpose of the site, or the site surveying project;
• non-compliance of the design and materials used with safety requirements, and for this reason, failure can occur at any stage: during planning, commissioning or in case of legalization through the court;
• exceeding the maximum dimensions of permissible construction: in such circumstances, it is advisable to coordinate the planned excesses with the competent authority;
• deviation of the constructed facility from the design and permitting documentation.

Despite the complexity and length of time, the procedure for registering an extension in advance is the preferred method. The owner of an unauthorized construction finds himself in a more disadvantageous position. He will have to go through the same collection of documents, as well as a lengthy trial and considerable financial expenses.

Citizens may not be aware at all that any changes to the appearance of a private home or its design must be properly documented. It is also important that such a structure can be designed for several families at once. That is why the construction of extensions is seriously regulated and monitored by law. It is better to legalize an extension to a private house at the construction stage, having received the appropriate permission. But there is a solution to this issue for already erected structures.

What types of extensions require a legalization procedure?

Having a private house built according to the standards of individual housing construction, you can enlarge it with one of two types of extensions:

• capital extensions;
• that are not capital.

The fact is that with the second type of buildings there are no registration problems, because the entire registration process comes down to making minor changes to the technical passport and house plan. Permits for the construction of such facilities are not required. Sometimes it is necessary to visit a construction commission, which will recognize the extension as non-major on the spot and certify the completion of all construction work.

The following types of extensions are recognized as non-capital, and therefore do not require special design:

• the appearance of a stepped porch for one of the exits, or the construction of an external staircase;
• appearance of a terrace. it is also possible to bypass the court by simply making changes to the documentation of the house, which is located in the BTI;
• canopy without walls;
• the showcase protrudes at a distance of no more than 12 meters;
• a new entrance to the house, made with the above-mentioned staircase or porch.

On lands that are intended for country gardening activities, you can also build the following facilities, which do not require registration, because are recognized as non-capital:

• car garage;
• outbuildings, such as a utility block, barn, chicken coop, etc., not intended for storage/production of anything on an industrial scale;
• any building that does not make changes to the supporting structures and does not require additional communications.

Attention! Even if the extension falls under one of the above cases, but during its construction there is an expansion of the original territory, then you will have to obtain a building permit, because it changes the original plan of the house itself.

What can the construction of an unapproved extension lead to?

Initially, it must be said that it is highly recommended to obtain permission before starting any construction, which will significantly reduce the number of possible negative consequences. If you plan to build a building that meets all standards, then they simply cannot refuse you.

Without obtaining the appropriate permission, you will inevitably face a number of problems in the future.:

• It is impossible to transfer ownership of the house. This will mean a ban on purchase, sale or exchange. Possible heirs will also have difficulties;
• if a complaint is received from neighbors (and it will certainly come if the extension overlooks their site or violates their rights in any other way), then the bailiffs, declaring the building illegal, will demand that the new structures be demolished;
• There is a fine for erecting an unauthorized structure. You also incur material losses if demolition activities are carried out at your expense.

Simply put, nothing can be done with this house until you either return it to its original form or complete all the documents: it will be impossible to sell it or register it to a potential buyer.

It is important to note that the age of the extension does not play any role at all. If there is some kind of building on your site that is not included in the original plan, then it is better to start registering it with the state now, in 2016, because In the future, it is planned to seriously tighten this procedure.

Attention! At the initial stage of construction, it will be enough to contact the design organization, whereas once the extension is completed, it will be necessary to win a lawsuit.

How to legalize an extension to a private house through the court?

To apply to the courts, as well as for pre-registration through the design office, you will need to collect a fairly large package of documents. It consists of:

• title document for the land plot on which a private house is built;
• the same document for the building itself;
• technical documentation for the house. Includes his plan, as well as an assessment from the BTI;
• information about all persons registered in a private house;
• permission for such an extension from utilities. Intended to certify that the structure does not threaten the integrity of the gas pipeline, high-voltage networks, etc.;
• work project that reflects planned changes;
• permission from the sanitary service, which is also permissive in nature;
• if a private house for several families, then you need to obtain permission for construction from all owners. This also needs to be done if the house/plot is in shared ownership;
• photographs of the building.

The jurisdiction of this case is the district courts of general instance. This is where you file your claim. You yourself act as the plaintiff, while the city administration will be the defendant. The period for consideration of the proceedings is up to 6 months.

If the decision on your request is positive, you can go to the Rosreestr authorities to complete the registration procedure.

Costs for the procedure for legalizing an extension

Regardless of the path you decide to take, in order to legalize your construction, you will need to pay a number of government fees and duties, and also possibly spend money on the help of a law firm.

Costs most often arise are of the following types:

• state duty when going to court. Can reach several thousand rubles;
• technical examination of the structure to ensure that there is no threat to the integrity of water and gas pipes, as well as other means of communication. About 20,000 rubles;
• fee for editing the original construction plan of a private house;
• coordination of any related nuances of redevelopment.

The amounts can only be indicated approximately, since the state duty is always calculated on the basis of the Tax Code, and, with regard to property matters or related to property that requires assessment, will always depend on the value of the object. Legalizing an extension to a private house can cost up to several tens of thousands of rubles.

Attention! The regional affiliation of the case under consideration, as well as the complexity of the work carried out for the assessment, are also important.

When is it impossible to legalize an extension?

There are often cases when the court refuses to recognize an existing extension as legal. This is another reason to be sure to obtain a construction permit before it begins.

The main reasons for the ban on registration, and, as a consequence, the requirement to demolish the object, are:

• construction of a building above the line of underground communications. The exact minimum distance from the house to the location of communications is 2.5 meters;
• The construction of the extension violated the integrity of the load-bearing structures, which is unacceptable, because such a building is recognized as unsafe and must be repaired or completely demolished;
• the extension was built at a sufficient distance from communications and the load-bearing structures were not affected, but the work itself was carried out extremely poorly, in violation of building codes, or the building material was very outdated;
• if the land plot is in shared ownership or several families live in the house itself, then the lack of consent of one of the parties may lead to refusal;
• discrepancy between the information in the documents provided and the real picture of cases;
• incomplete list of required papers.

Of course, any of these decisions can be appealed, or an attempt can be made to find a compromise solution, but the possibility of a complete refusal always exists.

Attention! In the case where obtaining consent from neighbors is the only reason for refusing to legalize an extension to your private house, you can always try to resolve this issue through the court, where you and the other party will prove the legitimacy of the claims against each other.