Holiday accommodation, cottages nonresidential
Related article: September Starts on a suburban real estate marketCottages, according to our law, we must define a type of residential development. Therefore, they can get the status of individual residential buildings (this category of land to housing and public buildings), holiday home (category of land recreational use), garden houses (category of agricultural lands).
"The law distinguishes between a cottage property into 2 types - residential and nonresidential. That is, in terms of legislation, there can exist non-residential houses. It's low-rise property for a temporary stay of people located within residential areas. Therefore, in the district or region, but outside city, town, village. And this property, which is usually, garden and summer house, has the status of non-residential ", - explains Natalia Dotsenko-Belous, a senior lawyer law firm.
"Bad" status of the building can get for many reasons: if the developer is not so developed a scheme of sale of cottages, has not ensured the right to use, and especially chosen the wrong site. This means that when building the object builder violated the law, "speeding up the solution to the problem" at the location of future houses. For example, if the site is located in an area that has recreational quality, outside settlements, the house or town, under the law, can be attributed to a garden or dacha estate.
"Although. That many of these houses are used and positioned conventionally as cottages, we understand that this property - to defect from a legal point of view. This lack of status of the residential real estate. That is, this garden and summer house. Although the technical parameters and according to their quality, they may even exceed the quality characteristics of residential property, which is registered as residential and is located within the settlement, "- emphasizes Natalia Dotsenko-Belous.
The final clarity makes her colleague, partner at the law firm Vladislav Kysil: "If the house is recorded as living, operational, it registered right - you can be registered there, can gasify house, make the necessary network. If the house has the status of non-residential premises, in any reason, for example, the status of garden shed, you will not be registered (ie, register their permanent residence.) is also likely to experience problems with the supply of communications. "
In addition to issues of registration and there are many nuances about themselves land. Especially during the construction of so-called townhouses. Townhouse - a Multi-apartment cottage development. It is a hybrid of country houses and apartments. Some of the varieties of townhouses even managed to fit in the existing standards. And they define as an extended house, whose length is three -4-5 times greater than the height. For such a home characterized by the presence near the house site.
"Townhouse - a block of low-rise residential building, having one piece of land. But in the flat lands are not excluded. And since I buy a domestic understanding of the home and in the legal sense - an apartment, I would like to qualify for the adjacent plot. But buy an apartment in a country house, not home. The ground should be behind the house, but should not be a flat "- says Natalia Dotsenko-Belous.
"As a general rule, and this is also novel in our legislation, the transition of ownership of property, the building, structure, you get ownership of the land, which is located in your building. This is the general rule. Because it is an exception. When you buy room in the house - this rule does not work. When you buy a share in the house, then your right corresponds to the share rights to land "- confirms Vladislav Kisil.
In many respects the right to land depends on what is meant by townhouses. If a group of premises - the right to land there. If townhouses are called home with many rooms and bought the right to share in that house, together with other co-owners can claim the land. With consumer point of view - the difference is almost none. From a legal - a significant difference.
"The owner of the house - the one who has built. For example, a house of 12 apartments can be sold as each apartment separately, or 4 apartments in one hand. And reserve the right to dispose of them as you wish. In addition, he can sell and share in the right on the object. That such a conflict today exists ", - emphasizes Vladislav Kisil.
On what principle is laid down in the sale of the object, then will be different responsibilities of owners of such premises. Anyone who bought a share of his time in the right to object, should take into account the willingness of other owners. For instance, wants to sell its stake - other co-owners have an advantage in its purchase. Such interesting moments in the agreements on the ownership, in particular, and suburban housing, a lot. So without qualified legal assistance to the buyer is difficult to navigate, but what really sold him.