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Takes the house into operation. Putting a house into operation - documents and requirements. What to do after putting the house into operation


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So you've built a house. The builders finished their work and left. There is only one exciting issue left to resolve - the commissioning of an individual residential building. In addition, today we will consider the legalization and legitimization of self-building.

The commissioning of a residential building takes place in accordance with Federal Law No. 122, which regulates the procedure for registering rights to real estate, as well as in accordance with Rules No. 170. This basic law determines the list of documents that are the basis for recognizing the fact of the transition of a house from the state of an object under construction to the state of a commissioned into operation.

Documents for putting the house into operation:

A document confirming land ownership (certificate or extract from the Unified State Register);

Permission to build a house;

Set of design documents;

Cadastral passport for the house, to confirm the fact of construction of a new facility.

The procedure for putting the house into operation

The commissioning of a residential building must be carried out personally by the owner of the property - the one who once issued the building permit.

1. To put a residential building into operation, a foundation, walls and roof must be built; stand windows and doors; It is desirable to have a porch and facade.

2. Then you need to submit an application to the administration of the territorial office to call the selection committee.

3. On the appointed day, the commission will inspect the house, compare it with existing documents and issue an acceptance certificate.

We can say that the house has been accepted because all other actions are based on this act.

The act of putting the house into operation

The act of commissioning the facility can only be issued if it is signed by all members of the commission. If one of them has a dissenting opinion, he leaves his conclusion, in which he describes in detail the inconsistencies and shortcomings. The commission sets a deadline for corrections, after which the verification process is carried out again.

The document is approved by the head of the architectural committee personally or by his deputy. The decision of the acceptance committee can be appealed in court.

The act is a state document, which contains the following:

The composition of the commission that accepted the object. All members of the commission sign the document and thereby certify their personal responsibility for the condition of the house.

Date of inspection.

The location of the object.

The nature of the object (residential, administrative, utility building, etc.).

Structural parts of the building. This means that the commission members are responsible not only for the entire building, but also for every significant part of it.

What to do after putting the house into operation:

1. The next stage of legalization of housing will be the receipt of cadastral documents. To do this, you need to contact the BTI. Employees of the organization will conduct an additional inspection of the building and issue two passports - technical and cadastral.

3. If you built without permission from the administration, for example, under a dacha amnesty, then before registering the right you must submit an application to the department of architecture and urban planning. In this case, the following must be attached to the application: a design, a sketch of the house and an ITS diagram.

4. After registering the property with Rosreestr, the owner becomes the official user. This means that he is obliged to make all utility payments in accordance with the official connection to the networks. According to Article 153 of the Housing Code of the Russian Federation, the obligation to make payments for housing and communal services is assigned to persons who are owners of real estate or its tenants. This means that immediately after the residential premises are put into operation, all utility services must be notified, meter readings must be recorded and regular payments must be made.

5. The appearance of another unit of real estate in the country means the appearance of a taxation unit.

Any owner has three types of rights - use, possession and disposal. Completion of the procedure for putting a house into operation makes all types of rights unified.

Renting a house using a simplified scheme

In Russia, Federal Law No. 20 is in force, which defines a simplified procedure for the delivery of individual residential buildings.

Now, in order to register a residential building, you must submit the following documents to Rosreestr:

Technical passport for a new house, drawn up according to the above scheme. It is this document that confirms the fact of the transfer of real estate to a new state.

A certificate confirming ownership of a land plot.

A simplified procedure allows you to formalize the commissioning of both newly built housing and long-existing self-construction.

Legalization and legitimization of self-building

The word “samostroy” is, of course, slang, but the owner of buildings with such status bears real legal responsibility. The legal meaning comes down to simple logic: since the object has not passed government inspection, no one can guarantee its safety and the likelihood of violating the rights of other citizens.

The owner of a self-building cannot sell, transfer, or bequeath his property.

Moreover, at any moment such housing can be demolished, and the land plot under the building can be legally seized.

Legalization of private self-construction is a complex process, but almost always feasible.

You will have to tinker with apartment buildings and commercial properties.

The legalization of unauthorized construction takes place either judicially or administratively:

In court it is necessary to prove that the constructed building complies with SNiP standards, and also does not threaten the life and health of citizens and does not violate the rights of third parties.

Self-construction on dacha and garden plots will be administratively legalized.

The decision of the acceptance committee can be appealed in court. The act is a state document, which contains the following: The composition of the commission that accepted the object. All members of the commission sign the document and thereby certify their personal responsibility for the condition of the house. Date of inspection. The location of the object. The nature of the object (residential, administrative, utility building, etc.). Structural parts of the building. This means that the commission members are responsible not only for the entire building, but also for every significant part of it. What to do after putting the house into operation: 1. The next stage of legalization of housing will be obtaining cadastral documents. To do this, you need to contact the BTI. Employees of the organization will conduct an additional inspection of the building and issue two passports - technical and cadastral. 2.

The procedure for commissioning individual housing construction

Now the process has been significantly simplified, and the procedure includes a minimum of steps: Prepare the object for acceptance and collect the necessary documents Eligibility, permitting, intermediate inspection acts, etc. Submit an application to the administration at the location of the object to call the selection committee Wait for the commission to arrive at the appointed time And receive the act acceptance, that is, a conclusion on compliance Apply with the received AIA to the administration and obtain permission Register the ownership of the object The act of putting the house into operation (conclusion) is issued only if it is signed by all members of the commission. When one of the inspectors has a special opinion, he draws up a separate conclusion.
It describes all identified shortcomings and inconsistencies. In this case, the commission sets a deadline for eliminating errors.
Then the check is carried out again.

How to commission an individual residential building

General information Obtaining permission to put an individual housing construction project into operation refers to the IRD, that is, the initial permitting documentation. It is issued by an authorized organization during the entire construction and is mandatory.

The list of IRD consists of no less than seven points, it includes documents from a construction permit to a commissioning permit. IRD documentation is distinguished by one common feature: the content of the papers is not a product of creativity, it shows the correspondence of one document to another.

Info

A permit to put an object into operation is a document that puts an end to the issue of construction (or reconstruction) of a residential building on an individual housing construction site. This paper records the object’s compliance with the construction permit and design documentation.


Legislative framework The legal basis for this document lies in one of the articles of the Urban Planning Code of Russia (GrK RF) of 2004.

Commissioning of individual housing construction projects since 2018

Attention

List of documents for putting individual housing construction into operation To obtain a permit, you must have with you:

  • Free form application addressed to local government bodies;
  • Owner's passport;
  • Confirmation of the right to the plot (purchase and sale agreement, for example);
  • Construction permit;
  • Acceptance certificate;
  • Cadastral passport;
  • Diagram of the building and site indicating engineering and technical support;
  • Technical passport;
  • Urban development plan;

The entire package is specified in Art. 55 clause 3 of the Civil Code of the Russian Federation; the entire list can also be clarified at the MFC. If necessary, additional information may be requested.


Procedure
  1. After preparing all the documents, you need to submit them for review. To do this, contact the MFC or personally the committee of a local organization.

How to put a house into operation - step-by-step instructions

Here you get a list of organizations where documents still need to be approved, such as gas, fire service and others. Documents The applicant must collect the following documents:

  • Application.
  • Passport and its copy.
  • Title documents for the site.
    They are: purchase and sale agreement, will, donation, resolutions of local authorities on the allocation of land.
  • Urban planning plan of the allotment.
  • Construction permit.
  • Acceptance certificate, if there was a construction contract.
  • A paper that confirms the house’s compliance with the requirements of technical regulations.
  • A signed document that confirms the compliance of the property with the technical specifications of engineering and technical support.
  • Scheme.

How to put a house (individual housing construction) into operation

The cost is the same as in the MFC - 250 rubles, official data - from the Unified State Register of Rosreestr and confirmed by the registrar’s electronic digital signature (EDS);

  • Permission to build a house;
  • Set of design documents;
  • Cadastral passport for the house, to confirm the fact of construction of a new facility.
    • What is considered a permanent structure on a plot of land? Before writing the material, I attended a paid consultation at the regional BTI. They said that to register a house as a property, it is enough to put a “box” with a roof on the foundation.

    It is also necessary to create a closed thermal circuit in the house. The building must have walls, a ceiling, and a floor. If necessary, doors, windows and interfloor ceilings are constructed.

    It is also important to supply electricity. Facilities may be outside, and water may be imported.

Dacha amnesty 2018, permission to put the facility into operation

This means that immediately after the residential premises are put into operation, all utility services must be notified, meter readings must be recorded and regular payments must be made.

  • The appearance of another unit of real estate in the country also means the appearance of a taxation unit.
    • Any owner has three types of rights - use, possession and disposal. Completion of the procedure for putting a house into operation makes all types of rights unified.
    Delivery of a house according to a simplified scheme Since March 1, 2015, Federal Law No. 20 has been in force in Russia, which defines a simplified procedure for the delivery of individual residential buildings. Now, in order to register a residential building, you must submit the following documents to Rosreestr.
  • Technical passport for a new house, drawn up according to the above scheme.

Putting the house into operation (topic closed until 03/01/2018)

This helps the country to better control the situation and introduce taxation. In the first 8 years, more than 10.5 thousand new rights were registered under the amnesty, more than 30% of them were buildings.


Such activity shows the demand for the law and therefore they decided to extend it for another 2 years. What is the difference between registration of rights under the dacha amnesty and commissioning? First of all, the difference lies in the objects to which the laws apply. Dacha amnesty Commissioning Individual housing construction projects, garages, bathhouses, sheds, vegetable gardens, gardening, etc. Large buildings (high-rise buildings, factories, stadiums, metro, etc.) Cost of cadastral permit No more than 7,000 rubles (for the Moscow region, in others, prices vary) Depends on the service Package of documents 9 More than 10 Duration of provision of services Up to 12 working days More than 3 months As we can see, amnesty allows you to save money and time.
Within ten days from the date of application, the documents are checked, the facility is inspected and a permit is issued or a reasoned refusal is given. The list of reasons for refusal is given in paragraph 6, paragraph 7 of Article 55 of the Town Planning Code. The list of grounds is closed and includes:

  • lack of necessary documents;
  • non-compliance of the object with the urban planning plan;
  • non-compliance of the facility with building codes;
  • the developer’s refusal to transfer to the authorized body one copy of the land plot diagram indicating the location of the individual housing construction project.

Multi-apartment The commissioning of an apartment building also begins with the submission of an application to the local administration or other authorized body. At the same time, by the time of application, the main construction work specified in the project documentation must be completed.

Commissioning of a private house 2018 cost

The main criteria for determining the readiness for commissioning of individual housing construction projects owned by citizens as private property are the presence of a simultaneously closed thermal circuit of the building: glazed windows, doors, subfloors, roofs. It is also important to remember that citizens living in a house that has not been put into operation cannot count on state and regional social support measures provided for by law. For example, in this case they will not be able to receive subsidies for utility bills, do not have the right to register in this house, etc.

Commissioning of a private house 2018 cost of apartments

All members of the commission sign the document and thereby certify their personal responsibility for the condition of the house.

  • Date of inspection.
  • The location of the object.
  • The nature of the object (residential, administrative, utility building, etc.).
  • Structural parts of the building. This means that the commission members are responsible not only for the entire building, but also for every significant part of it.

What to do after putting the house into operation

  1. The next stage of legalization of housing will be obtaining cadastral documents. To do this, you need to contact the BTI. Employees of the organization will conduct an additional inspection of the building and issue two passports - technical and cadastral.
  2. Next, with all the documents, we go to register ownership in the cadastral chamber.

Those who did not have time to register their plots and private houses under the simplified scheme were given another chance. The so-called “dacha amnesty” has been extended until March 1, 2020. What if the property does not meet the necessary requirements? If the constructed facility does not comply with the requirements of the urban planning plan of the land plot or the requirements established in the construction permit, the developer will be denied permission to put such a facility into operation.

In this case, the constructed object, in accordance with Article 222 of the Civil Code of the Russian Federation, will be qualified as an unauthorized structure, which is subject to demolition by the person who carried out its construction, or at his expense. Objects built without permits are called self-construction, and they cannot be sold, leased, or donated.

Changes made should be documented. The procedure is dictated by the fact that the act of commissioning a private house must be attached when carrying out any real estate transactions.

In particular, it will be impossible to make a tax deduction, re-register, buy, sell or inherit a home that does not have legal registration. The developer is obliged to confirm that the house was built without violating building codes, damaging or posing a threat to communications, and is correctly “inscribed” within the boundaries of the site owned by him.

Production of a registration certificate for housing

Permission to put a private house into operation can only be obtained if you have a technical passport for the housing being issued.

If there were many deviations from the project, everything will need to be agreed upon by the architecture department. Deficiencies and shortcomings will also require elimination. After which you can call a BTI representative to your home and order the production of a registration certificate.

Requirements for a house to be put into operation:

  • The house must have windows and doors and be suitable for habitation.
  • It is problematic to hand over walls with rough plaster; they should at least be plastered for final finishing (the finishing itself is not necessary). This requirement is dictated by a change in the size of the rooms after the completion of the main construction work.
  • The walls of an unheated basement do not need to be plastered and the floor does not need to be concreted. However, if the height of the basement is 2.1 m or higher, the requirements for full-fledged housing will be presented, and it will also be necessary to reconsider the number of storeys of the house. As a result, you should not rush to clear the basement of excess sand or soil.
  • The floors in the bathrooms should be turnkey; in other rooms, screed will be sufficient. The plank covering is presented in full readiness. “Warm flooring”, which increases the cost of the house, tax rate and insurance, must be shown in finished form.
  • Ceiling - rough finishing is acceptable.
  • Balconies and terraces must have mandatory fencing.
  • A staircase in a multi-storey building is presented ready-made; replacing it with a stepladder is unacceptable.
  • Heating, electrical wiring and drainage must be carried out according to the project. Measurers are not interested in the functioning of the system, the main thing is its presence.
  • If a garage is provided, then the registration certificate will not be issued without installing the gate.
  • The presence of outbuildings, paths on the territory, driveways, fences, and landscaping is not necessary for commissioning a private residential building in rural areas.

What to do if the house is not quite ready?

Sometimes the effort, time or funds are not enough to complete the work in full: the attic or upper floors remain unfinished for a long time. It is impossible to issue a registration certificate for such housing, and therefore, it will not be possible to assign a postal address, register, connect gas, etc. The solution is to put it into operation stage by stage, floor by floor.

How is self-construction formalized?

If there are a large number of deficiencies or alterations, a statement of technical characteristics is issued, reflecting the fact of the layout, but not confirming its implementation according to the project. Let's say that due to lack of heating, a house is classified as non-residential. It is impossible to draw up documents for commissioning a private house based on the statement.

The last check - who and what will be checked?

Representatives of the architectural department, sanitation department and fire department must record compliance with the requirements for their profile in the act of commissioning a private house.

  • The architect will check that the geometric dimensions of the building coincide with the design ones.
  • A representative of the sanitation station will first check the existing sewer system. Then he will be interested in heating, plumbing, electricity, and the availability of a garbage removal agreement. Also, before his arrival, it is necessary to remove construction debris from the local area.
  • The firefighter will check ventilation ducts, chimneys, the presence of fire notification devices provided for by the design and flexible “sleeves” for transporting fire extinguishing agents.

How to rent out a house without difficulty?

Difficulties with renting out a cottage can be avoided by prudently ordering the project and supervision of it from TopDom. Professional monitoring of the quality of construction work will allow you to obtain documents for commissioning a private house without problems.


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A permit to put an object into operation certifies that the construction, reconstruction of a capital construction project has been completed in full in accordance with the construction permit and design documentation, and the constructed, reconstructed object complies with the requirements established on the date of issue of the urban planning plan submitted for obtaining a construction permit (h 1 Article 55 of the Civil Code of the Russian Federation).

Until 01.03.2018, it is not required to obtain permission to put an individual housing construction project into operation, nor to submit permission to carry out technical accounting (inventory) of such a project, including for registration and issuance of a technical passport of the project (Part 4, Article 8 of Law No. 191-FZ).

To obtain permission to put an individual housing construction project into operation in Moscow, we recommend following the following algorithm.

Step 1. Prepare the necessary documents.

The applicant must prepare the following documents (part 2, 3 of article 55 of the Civil Code of the Russian Federation; clause 2.5.1.1 of the Administrative Regulations, approved by Decree of the Moscow Government N 145-PP):

1) application (request) for the provision of a public service (the application should indicate the method of obtaining permission to put an individual housing construction project into operation) (clause 2.11.3 of the Administrative Regulations);

2) identification document of the applicant;

3) documents confirming the applicant’s authority to act on behalf of the developer (if the applicant is not a developer);

4) title documents for the land plot (if the necessary documents and information about the rights to the land plot cannot be obtained within the framework of interdepartmental cooperation);

5) act of acceptance of a capital construction project (if construction or reconstruction was carried out on the basis of a construction contract);

6) a document confirming the compliance of the constructed or reconstructed capital construction facility with the requirements of technical regulations and signed by the person carrying out the construction;

7) documents confirming the compliance of the constructed or reconstructed capital construction facility with technical conditions and signed by representatives of organizations operating engineering support networks (if any);

8) a diagram showing the location of the constructed or reconstructed capital construction facility, the location of engineering and technical support networks within the boundaries of the land plot and the planning organization of the land plot and signed by the person carrying out the construction;

9) a technical plan of a capital construction project in the form of an electronic document, certified by an enhanced qualified electronic signature of the cadastral engineer who prepared such a plan (if the specified document cannot be obtained within the framework of interdepartmental cooperation) (Part 12 of Article 24 of Law No. 218-FZ).

Other documents required to obtain permission to put an individual housing construction project into operation (for example, title documents for a land plot, a town planning plan submitted to obtain a construction permit, a construction permit, a conclusion from the state construction supervision body on the compliance of the individual housing construction project with the requirements of technical regulations and design documentation) can be received by an official of the Moscow executive authority within the framework of interdepartmental information interaction, but you have the right to submit them on your own initiative (clauses 2.5.1.2, 2.5.1.4 of the Administrative Regulations).

The list of documents required for the provision of public services is exhaustive, unless otherwise provided by law (clause 2.5.1.3 of the Administrative Regulations).

Step 2. Contact the authorized body with an application and prepared documents.

An application for a permit to put an individual housing construction project into operation should be submitted to the authority that issued the construction permit, directly or through a multifunctional center (Part 2 of Article 55 of the Civil Code of the Russian Federation).

In Moscow, the body responsible for issuing permits for putting an individual housing construction project into operation is the Moscow State Construction Supervision Committee.

The provision of public services in Moscow in relation to individual housing construction projects, regardless of the sources of financing for their construction or reconstruction, is carried out by the Committee only in electronic form via the Internet (clauses 1.3, 2.3.1.1 of the Administrative Regulations). Permission to put an individual housing construction project into operation is provided free of charge (clause 2.12 of the Administrative Regulations).

Step 3. Present the individual housing construction object for inspection.

An official of the Committee inspects an individual housing construction project if state construction supervision was not carried out during the construction or reconstruction of a capital construction project.

During the inspection of a constructed or reconstructed individual housing construction facility, the Committee official checks the compliance of such a facility with the requirements established in the construction permit, the urban planning plan of the land plot, as well as the requirements of the design documentation (clause 3.3.3.4 of the Administrative Regulations).

Step 4. Obtain permission to put the individual housing construction project into operation.

Within seven working days, a decision is made to issue a permit to put an individual housing construction project into operation or to refuse to issue such a permit (clauses 2.7.1, 2.11.1 of the Administrative Regulations).

Permission to put an object into operation may be (clause 2.11.2 of the Administrative Regulations):

Issued personally to the applicant (applicant’s representative) in the form of a paper document;

Sent to the applicant in the form of a document on paper by post;

Sent to the applicant in the form of an electronic document, signed in accordance with the established procedure (only for requests submitted in electronic form).

The permission to put the facility into operation must be accompanied by the technical plan of the capital construction facility submitted by the applicant (part 10.1 of article 55 of the Civil Code of the Russian Federation, clause 2.11.1.1 of the Administrative Regulations).

If a permit to put a facility into operation is refused, the reasons for the decision are indicated. The decision to refuse can itself be challenged both pre-trial and in court (parts 6, 8 of article 55 of the Civil Code of the Russian Federation, clauses 5.1, 5.18 of the Administrative Regulations).