How to Convert a Garden House into a Residential One and Is It Necessary to Approve the Bathhouse?

Buying a house or cottage is not difficult. But what should you know when arranging the house or plot, how to take into account all nuances and possible pitfalls, and what to worry about before purchasing? We answer the most urgent questions.

Alexey Parshin — expert, head of the real estate approval agency GOROD

Can a garden house be converted into a residential one?

Yes, it can.

A garden or cottage house is a place of temporary residence where there is usually no water supply, sewage, or heating. Living in it permanently is impossible. For the winter period, you must take care of repairs and install all utilities.

The new Federal Law from 01.03.2020 № 35-ФЗ allows such conversion and status change. Owners can renovate a garden house, improve its surroundings, and legalize the change in legislation.

Converting a garden house into a residential one is an opportunity to improve living conditions with significant savings on the family budget.

Design: Natalia Sorokina

Besides, when converting a garden house into a residential one you get several benefits:

• registration;
• favorable tax deduction, as in the case of purchasing residential property;
• savings on electricity by 30% provided by the rural tariff;
• a low interest rate when applying for a loan to reconstruct or build a new stage of construction.

How to carry out the conversion?

First, obtain a technical conclusion on the house's proper condition. This can only be issued by a project organization with SRO approval, such as «BTI 2.0». The procedure takes two to three weeks.

Then gather documents according to the list:

• a statement;
• extract from the EGRN and title document confirming ownership;
• a technical conclusion confirming that the house meets requirements for residential homes.

All documents are submitted to the MFC or local self-government authority. The cost of supporting documentation in administration and Rosreestr will be from 15,000 to 20,000 rubles.

Why is boundary surveying needed if there is a cadastral plan? Only boundary surveying gives the right to own land.

Are you sure that the entire land plot fully belongs to you? There is only one document that legally confirms ownership of every centimeter of land — the boundary plan.

Boundary surveying is the official establishment of boundaries, without which you cannot freely dispose of land, build additional objects on it, or sell it. Moreover, as of January 1, 2020, it is impossible to sell a plot without boundary surveying (changes in the Federal Law «On State Real Estate Cadastre» from 22.12.2014 № 447).

Advantages of land boundary surveying:

• in any disputes with neighbors or even the municipality, the law will be on your side;
• you can rent out or sell the plot — all operations will be conducted legally.

Design: Elena Sergeeva

How to change the land category?

To have a land category change approved by the municipality, the local administration's plan must include a general plan that allows for such a transition. The change may be denied if the plot is located too far from the urban boundary and expanding its borders is not included in the administration's plans.

The decision on such a question is made within two months. The most expensive part of the entire process is covering the change in cadastral value, which is about 30% of the land's cost.

This procedure can be carried out through the local administration, MFC, or by hiring a cadastral engineer.

Is a permit needed for adding an extension to the house?

Certainly! This document is called «Notification about Planned Construction or Reconstruction of an Individual Housing Construction or Garden House».

To obtain a permit for adding an extension, you need the following documents:

• boundary plan;
• current extract from EGRN;
• technical plan.

You can submit an application either through the MFC or by ordering the service from a project organization dealing with such issues.

Design: Elena Sergeeva

Is it necessary to approve the construction of a second house on the plot?

If the land category is gardeners' LPUs (individual subsidiary holdings), then this is possible.

Sometimes the land area only allows for one residential building, in which case the procedure is as follows:

• construct the house;
• prepare a technical plan;
• register the second house as non-residential in Rosreestr.
  
  

On plots designated as «garden plots», additional structures can be temporary buildings without a foundation — a canopy or a shed.

How to remove a construction from EGRN if taxes are being charged for it?

This is possible if the object has actually been destroyed. In this case, the owner simply needs to call a cadastral engineer to register this fact.

The owner will receive an inspection report, which will serve as the basis for terminating rights in EGRN and removing it from the cadastre.

Design: Maxim Tolmachev

If you have more questions — ask them in the comments.