According to the Civil Code of the Russian Federation, an unauthorized construction means a residential building, other structure, structure or other real estate that is built on a land plot that has not been allocated for these purposes in accordance with the procedure established by law or that was created without acquiring the necessary documents for this or with a significant violation of urban planning and building codes.
Instructions
Step 1
As follows from the article, the law identifies two types of unauthorized buildings - those that were erected on a land plot unsuitable for this purpose, as well as those that were built without the necessary permits on a land plot belonging to a developer on a specific legal right.
Step 2
In the first situation, such a building cannot be made legal. A similar conclusion follows from the Civil Code of the Russian Federation - which provides for the likelihood of recognition of ownership of an unauthorized construction for an entity in the event that this land plot where the building was erected belongs to this entity on the basis of ownership, the right of inherited life possession or the right of permanent (unlimited) use.
Step 3
In the second situation, it is quite possible to make the illegally erected building legal. In life, in almost all private sectors there are such buildings, for example, baths, garages, etc. All of them must pass state registration and the sooner the better.
Step 4
You can do this in several ways: if the rights to a land plot were registered in ownership or under a lease agreement, then the new legislation indicates that in order to register all buildings, you need to bring documents to the registration chamber for the land plot, a certificate confirming the location of the building on the territory of the site and don't forget to fill out the declaration.
Step 5
If the rights to the land are not registered, then you will have to go to court to legalize the unauthorized construction. For the court it is necessary to collect a whole package of documents. But among them, a document is distinguished that will confirm the legality of the provision of land on which your building is located.
Step 6
You will also need: documents of title to the dwelling, extracts from your personal account and house book, an act of defining the boundaries of a land plot, a BTI plan and other necessary documents.
Step 7
After all the documents have been collected, you submit them to the court at the location of your building. And then wait for the court session, and the court will consider and resolve the case on the merits on the basis of your documents.
