The unfinished construction object, to which you are applying, should be considered real estate. The law treats the concept as object, connected with the earth that cannot be moved to another location without damage to the destination. In addition, the main stages of its construction have to be completed. If you meet these requirements, the unfinished building can be identified as the property and talk about the right to it.
In that case, when you were in the role of an investor, the contract between you and the Builder may become the basis for the recognition of your rights to the unfinished property. The obstacle to this is spelled out in the contract the condition that the apartment is transferred to the property investor only after the residential building will be commissioned. This condition greatly complicates the recognition of your ownership rights to the unfinished apartment.
When you erect a structure on the land, the right of ownership arises only the moment of state registration of buildings, as it follows from article 219 and 130 of the Civil Code of the Russian Federation. In order to formalize the right of ownership, prepare the documents. It includes: description of the construction and project documentation, properly executed building permit, documents of title to the land.
If the land documents are not drawn up properly, the object of unfinished construction in this case will be considered illegally constructed structure. By law he may be subject to demolition. To draw in property unfinished, you need to first make land and project permits, otherwise you risk being left in ruins.
To place the unfinished building in the property, you will also need to submit technical passport of BTI, the document confirming the fact of preservation or suspension of construction, cadastral plan of the land plot with the applied contours of the buildings.
Advice 2: How to draw residential house property on the land
The design of a residential building in property is necessary in any case. No matter you are going to sell the house later on, or to live in it. Documents about ownership of the house may be required for the carrying out of communications and to many other domestic issues.
You will need
- - cadastral plan of the site;
- receipt about payment of state duty;
- - title deed for the plot;
- - registration house;
- - a statement.
Collect the documents. For registration in the property of residential home you need: identity card (passport), technical passport at home (issued BTI), the title document for the plot, the cadastral plan of the site (in land register). The cadastral plan is not required to provide, if the right to the land previously registered in the procedure established by Federal law.
If your site is also not registered in the property, you will need to go through this procedure and only then proceed to design the house. In that case, if you do design houses in property not their own, and entrust it to your representative, you need to set up a trust in his name. The power of attorney must be notarized.
Pay the state duty for state registration of property rights. Currently, this amount is 100 rubles – if the residential home is made in property of a natural person.
Remove copies from all documents and paid receipts for registration, you pass a copy, but the original will need to show. Some documents may be required to provide copies in duplicate.
Write the statement on state registration of property rights. The application is completed on the sample in the presence of the specialist of Department of reception of documents in bodies of the Federal registration service.
Hand over the documents in Rosreestr. After receiving employee of the Federal registration service of your documents and statements, he will issue you a receipt. The receipt will indicate the date when you have to pick up the ready evidence.
After a month on the specified date you can go to the Federal registration service, where you will be given a Certificate of state registration of property rights. Of receipt of the certificate (not before) you will become the owner of the house and will be able to perform any transactions and other actions.