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Legalization of real estate

So, what is samostroy? What distinguishes samostroy from another property, you ask.
The root of this question lies in the legality of the construction of this object. If it is legally erected, you will be registered with it the right of ownership, and you can exploit it and dispose of it, for example, sell or lease it.
If your property is erected illegally, you will have to legalize it, which is the subject of this article .
Probably, it will be correct to briefly describe the process, the observance of which leads to the appearance of a legally constructed property. So where does it all start?
1. Earth.
First you need to solve the land issue. That is, to buy land or take it for use. At the same time, in the second case, an important aspect is the purpose of this site. The land you need for the construction and subsequent operation of your facility. If the land is allocated to you by local authorities for gardening or cattle grazing, you cannot legally build on it. Otherwise, you go to the category of samostroev.
2. The project.
The builder himself will not build the building. Regardless of his qualifications. He will require from you the project documentation, which, for your money, will be created by the project organization, which has in the staff of the relevant certified specialists. At the same time, printing only the project organization on the project is not enough. The project must check and agree with Gosinvekspertiza for its compliance with all norms and rules.
3. Building permit.
Any builder will require permits from you. This is a permit for the right to start construction work, issued by Gask. From the moment you receive this document, you have the right to launch builders and deploy a construction site.
4. Commissioning.
Upon completion of the construction, you produce the technical passport of the facility at the BTI and draw up in the GASK an act of commissioning of the constructed facility.
Recent documents, after the address is obtained by the squatter settlement, are the basis for registering it as an object of title and handing you a certificate of ownership.

Important
For objects with a height of no more than two floors and an area of no more than 300 m2, a simplified procedure is used. The project replaces the construction passport, which is done within 10 days, and the construction permit and commissioning of the object take place in a simplified form by filling out the application form and registering it with GASK.

If any of the above stages fall out of the process, your object at the end of the journey inevitably goes into the samostroi category.
Because you are refused to be recognized as the owner of the constructed object, you are the owner of only the building materials used in its construction.
What are the ways to get this cherished certificate of title to samostroy? < / span>
There are two ways:

  • • Administrative Order;
  • • Court order

Legalization of samostroya in an administrative order.
Highlight the main steps.
1. Inspection and inventory . Since your property is only “born”, you need to call a technician from a local BTI, who inspects the object and passport it.
The result is the technical passport of the object.
2. Determining the proper construction of the object . Since no one prepared or agreed on the project documentation, and no one according to this project built, it is necessary to determine the compliance of the constructed object with building rules and regulations. The answer to this question can be given again by a design organization that has a certified engineer on its staff.
The result is a report on the technical inspection of building structures and engineering networks (hereinafter referred to as technical report).
3. The decision on the commissioning of the object . For this, the technical passport and technical report received at the previous stages, together with the declaration of the facility’s readiness for operation, you submit to the GASK.
The result is a declaration registered by GASK.
4. Assigning a postal address. All personal documents + a declaration must be submitted to the office for urban planning and architecture at the location of the object.
The result is an extract from the order for assigning an address.
5. Registration of ownership. It is necessary to apply with the local Department of Registration of Rights to Real Estate with a statement. Copies of all the documents listed above are attached to it.
The result is evidence that you are already the owner of real estate, and not samostroya.

Legalization of self-standing in court.
To go to court, you must prepare the following documents, which will be attached to statement of claim, and subsequently will act as evidence in the case:

  • • Land title deed (property or use);
  • • Documents confirming the fact of the construction of the object (contractual agreements, material supply contracts + documents confirming the execution of these agreements);
  • • Visualization of the object (photo, video report);
  • • Technical Passport;
  • • Technical Record.

According to the results of the judicial procedure, the court recognizes your ownership of the object of a certain height and a certain amount.
The court decision that has entered into force is the basis for registering the ownership of your real estate.

For reference
At the beginning of 2018, the Ministry of Regional Development launched an order to preempt the owners of samostroyev, which establishes a simplified procedure for their legalization.
This order covers the following objects:

  • residential, garden, country houses with a total area of not more than 300 m2, as well as household (homestead) buildings and structures within the same area, provided they were built between August 5, 1992 and 09.04. 15 years;
  • agricultural buildings and facilities built no later than 12.03.11;

A prerequisite is that these objects must be erected on land plots with the proper purpose and comply with state building codes and regulations.
What documents must be provided:

  • Application for commissioning samostroya;
  • Declaration of readiness for operation;
  • Technical Report;
  • A document on the right to land (property or use) on which the object was erected;
  • A copy of the data sheet with a note about the possibility of placing and safe operation of the object.

Do you have samostroy in your hands and do not know how to legalize it?
Do you doubt the correctness of the choice of the method of legalization?
Are you afraid of the bureaucratic component of this question?

Contact our law firm! We, our specialists will accompany you at all stages of legalizing your samostroi and ensure the achievement of the desired result!


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