There is a category of residents who first build an extension, and only after that they begin to decorate it. If you add an extension to your house without permission, then be prepared for the fact that you will have to face difficulties during registration, which can be explained quite simply.
All extensions have the following classification:
- Non-permanent extensions are changes that are made to the architectural design of a residential building. These include: porches, overhangs, awnings, decks or balconies. This also includes a garage if it is located on lands that are intended for gardening or areas not related to the territory of capital construction, as well as structures that do not affect communication highways. Designing this type of extension does not require much time and effort. There is also no need to obtain a building permit for the construction of such structures.
- Capital structures - capital extensions mean structures intended for further residence.
The design of non-capital and capital structures differs. If an unauthorized extension to a private house is of a non-permanent type, then to register it, the owner of the property goes to the local BTI, having first collected the necessary documentation. An application for changes to the technical documentation for the house is drawn up at the technical inventory bureau. After this, BTI employees go to the place where the extension was erected and draw up a report on the completion of the reconstruction stage. Upon completion of all changes to the documents, the BTI issues the amended papers back to the owners of the house.
If a permanent structure was added to the house without permission, then registration must begin with the collection of documents in the form of:
- a document that confirms ownership of a residential building (purchase or donation agreement, inheritance, etc.);
- extracts from the house register;
- permission obtained from the housing authority for the construction of an extension;
- BTI papers in relation to the object to which the extension belongs;
- written agreement from neighbors;
- statements from communication services (gas, fire inspection, water supply, etc.);
- project for the extension (drawings, sketches, etc.);
- photographs of a residential building with an extension.
Is it necessary to design an extension to a private house?
If a major extension was erected without permission, then upon registration it no longer matters what material it was built from. The owner of the property, with the collected documents and an extension plan, applies to the local administration to register the unauthorized construction. Registration is more likely to be denied.
Then, with a refusal from the administration, you must go to court with a package of documents and a statement of claim. If the judicial authority establishes the grounds for allowing registration, then the owner can go to pay the state fee and register the extension with the BTI.
However, the court does not always make decisions in favor of the owners real estate who unauthorizedly erect permanent extensions. Ultimately, the extension will be demolished, regardless of how long it has stood and whether it interferes with anyone. That is why it is advisable to first design the extension, and only then begin the actual construction process.
To avoid any difficulties in the process of designing an extension, you should follow simple recommendations:
- Having a design project in hand, it is worth discussing construction plans with your neighbors in advance and obtaining their consent to build an extension. If any of the neighbors is against it, the BTI will simply not carry out the registration.
- It is imperative to obtain all permits from various authorities.
- It is important to avoid architectural errors when constructing an extension, and if the main object has any, eliminate them.
- When constructing an extension, it is advisable to use only high-quality technological materials that comply with GOSTs and quality standards.
Dacha amnesty: how to register an extension to the house?
The dacha amnesty simplified the process of legitimizing property rights to unregistered plots and dachas. To do this, it is now enough to submit a declaration and obtain ownership rights.
However, the amnesty applies to free-standing illegal buildings, of which extensions are not, as they relate to capital construction. Consequently, it will not be possible to legalize a capital extension under the dacha amnesty.
If the main residential property (house) is not registered, then it, together with the extension, can be registered according to a simplified scheme, since it falls under the amnesty.
How much does it cost to build an extension in 2018?
The cost of registration in each region varies in its indicators, but calling this procedure cheap will not work under any circumstances. On average, expense items have the following indicators:
- Payment of state duty - 500 rubles.
- Examination by a judicial authority - 20 thousand rubles.
- Collection of data about the object - 10 thousand rubles.
- Making changes to the cadastre - 20 thousand rubles.
- Certification of a power of attorney by a notary - 1 thousand rubles.
- Coordination and registration of the extension - 20 thousand rubles.
In general, the process of designing an extension to a house requires care and patience.
Many owners own houses dream of building an extension to their home. It can be anything: a gazebo, a veranda, and sometimes even additional living space. This article will talk in detail about how to register an extension to a house, what documents are required for this, as well as what problems you may encounter at any time.
What is a house extension?
To begin with, it would be worth understanding what exactly a residential extension is. The law, namely the Town Planning Code of the Russian Federation, says that an extension is the reconstruction of an existing housing facility. The extension is not included in the original architectural plans, but, on the contrary, is considered a secondary building to the main object. An additional building, contrary to popular belief, is not always a small object in comparison with the main dwelling. An extension can be of absolutely any size, regardless of the number of floors, area, height, etc. The concept under consideration is rather legal, since it is closely related to the registration and registration processes.
There are many reasons why home owners want to build an extension. Someone wants to create additional living space, someone is correcting the architectural mistakes of the property, and someone wants to build a cozy corner in the form of a veranda or summer gazebo. One way or another, any such extension requires strict documentation and proper legalization. Of course, some citizens decide to ignore the registration process, and therefore an unauthorized extension can legally be demolished. To prevent this, it is necessary to follow a number of simple rules, which will be discussed below.
Non-permanent extensions
As already mentioned, the extension can be absolutely any object; the main requirement here is a direct connection with the main structure. And, nevertheless, there are some classifications that allow you to better understand what kind of house extension projects exist. One of the classifications will be given below.
There are permanent and non-permanent buildings. Non-major extensions are small changes made to the main architectural design. These are such minor elements as:
- porch, new entrance to the house;
- showcase, various projections;
- stairs, small sheds;
- balconies or terraces.
Designing a non-permanent extension is quite simple. You don’t even need to take out special permits before starting the construction process. All you need is to make some changes to technical documents. Among other things, non-permanent extensions include:
- A garage, if it is being built on the territory of a gardeners' partnership, or on land that does not belong to a capital construction project.
- Construction of auxiliary buildings. It’s difficult to say what can be attributed to this; even the Russian Supreme Court. Most likely, auxiliary outbuildings include sheds, small fortifications for something, hanging objects and other non-residential buildings.
- Construction of buildings that do not affect common structures or communications.
All of the above objects are non-capital and therefore do not require special permission for construction.
House extension projects: capital type
Now it’s worth talking about what capital construction projects are. The Town Planning Code of the Russian Federation regulates the norm according to which construction work for the construction of additional capital-type facilities must comply with the original standards (those that have been preserved since the construction of the house itself). Capital extensions include objects in which further residence is planned. At the same time, additional land area is required for the construction of such objects. 
The question of how to design an extension to the house will be somewhat different in this case - depending on who exactly is the owner of the home. Thus, all responsibility for the construction of additional buildings should rest with the direct owners of the houses. However, there are situations when the house is divided into several families. How to act in such a situation will be discussed below.
Registration of non-permanent construction
How to legalize a non-permanent extension? It's actually very easy to do this. First of all, you need to find a local technical inventory bureau (BTI). After this, a complete package of documentation for the house is collected, which should be taken to the above-mentioned authority. The bureau draws up a special application for amendments to technical house documents. This can be done both before the construction of the extension begins and after. The question of which of these two options is more convenient is obvious. The best option would be to design an already constructed non-capital type facility, because all the data is already known exactly, and major changes are unlikely to follow. But there is one small problem here. Although this is unlikely, the BTI may refuse permission for an extension. Of course, there must be serious reasons for this. That is why it is better to play it safe and coordinate the construction of a non-capital type facility in advance.
A special acceptance committee must come from the bureau to draw up a certificate of completion of the reconstruction. When the BTI returns the full package of documents, the issue can be considered resolved.
If there are several owners in the house, then a written agreement for an additional non-capital type object from each of the residents will be required.
Collection of documents for registration of a major extension
A house extension project can be called a reconstruction of an existing building. Legalizing a capital additional structure is not as simple as a non-permanent one. However, there is quite a lot large number options that can be acted upon legally. The most common and convenient way to register an additional object is to register an “unauthorized building”. We are talking about those cases when the registration of an object occurs after its construction. 
To avoid problems, it’s worth calculating and preparing everything correctly. The following documents must be collected:
- statement of ownership of the land plot, as well as the house that needs to be reconstructed;
- technical passport and home ownership plan;
- cadastral plan of the site;
- a project for a permanent extension (this can be a plan, sketch, diagram - the main thing is that everything is correctly and clearly designed);
- written consent of other house owners for reconstruction;
- neighbors' consent to reconstruction;
- statements from resource supply organizations (water supply, energy, gas supply, etc.) that the reconstruction will be safe and will not create problems.
All documents are submitted to the authority local government. Sometimes the authority may request other documents, for example, from the fire department, architectural company, etc.
The process of registering a major extension
How to register an extension to a house? Having collected all the necessary documents and submitted them to the local government, you will have to wait for special consent for the reconstruction. In essence, this document provides the right to build an additional facility. If the construction is completed, a state commission is invited to inspect the constructed structure. Experts evaluate the construction for compliance with the original plan, sanitary standards, as well as architectural rules. Based on the results of the inspection, a conclusion of compliance will be issued, which will need to be submitted to the Technical Inventory Bureau (BTI). At this stage, all necessary changes will be made to the technical documentation of the structure. 
With the received documentation you need to go to the Russian real estate register. This way the extension will be officially registered. Rosreestr will have to pay a fee for the entire registration process.
Thus, the entire process of registering a major extension is not so simple. In any case, you will have to “sweat” with the documentation - regardless of what type of additional building it is - be it a summer extension, a garage, a covered living area, etc.
Necessary documentation to legalize an unauthorized extension
Many residents solve the problem before it occurs, and some solve it after. Those who first built the object, and only then decided to formalize it, solve difficulties after they have occurred. How to register an extension to a house if it was built without permission? It’s worth noting right away that everything here is not as simple as with the construction of a non-capital type facility. The entire registration process will be decided through the courts. Whether it is convenient or not is up to each owner to decide individually. 
If a permanent extension was erected, but the owner forgot about registration, then you will immediately have to prepare the following package of documents:
- contract of purchase, gift, inheritance, etc. - any document confirming ownership of housing;
- extract from the house register;
- housing permission for the construction of an extension;
- documentation from the BTI for the main object (to which the extension belongs);
- written agreement between neighbors;
- statements from public utilities (gas services, fire inspections, water supply companies, etc.);
- reconstruction project (sketches, drawings, etc.);
- photo of the house and extension.
If all the necessary documentation has been collected, you can finally ask yourself the question of how to arrange an extension to a private house.
Legalization of unauthorized extension
Brick extension, panel, open or closed - all this is completely unimportant; if a capital object was erected without premature registration, then it is called “unauthorized”, and registering it will not be so easy. The owner is obliged to collect all documents for the house, plans for the extension, and go with them to the local administration. 
She will most likely refuse to register the object. This refusal will need to be addressed to the district court. The entire package of documents is also sent to the court, to which it is necessary to attach statement of claim. If the court is satisfied that all grounds for registration are present, the case will be won. The owner will pay the fee and register the extension with the BTI.
Possible problems
The process of registering an extension seems simple only at first glance. Of course, if we are talking about a non-capital additional facility, then everything will take shape relatively easily and quickly. If the owner of real estate is thinking about a major extension, then everything will be very long and difficult. Moreover, the process may even turn into complete hopelessness; Thus, an additional building may be demolished due to its recognition as illegal. In this case, the bailiffs will not care how many years the unregistered object stood, and whether it interfered with anyone or not.
Problems may also arise with neighbors. So, if the extension was built in accordance with all the rules and regulations, but for some reason the neighbors do not want to recognize it, the administration will most likely grant a legal refusal to register. How to avoid rejection? How to register an extension to a house without problems? Some tips will be provided below.
How to avoid problems?
To arrange a major extension without problems and all sorts of difficulties, you need to take into account a few simple rules. So, when an additional construction project is only in the project, it is necessary to agree in advance with all neighbors and owner-occupiers (if any). It will not be very pleasant to find out that the neighbors refuse to give consent to the construction of an extension when the plans are already ready. 
When constructing an extension of any type, capital or non-capital, it is necessary to take into account the original design of the original structure. So, the extension must necessarily coincide with architectural features main living space. Otherwise, the BTI will simply refuse to register the extension. It is also important to pay attention to the following points:
- a complete package of documentation must be collected with permissions from various authorities attached to it;
- you need to check the ownership documents;
- it is desirable to eliminate all possible architectural violations at the original site, as well as to avoid mistakes during the construction of the extension;
- When constructing an additional facility (especially a capital type), only safe and certified building materials must be used.
Separately, it is worth noting the so-called dacha amnesty. The question of how to register an extension to a house under the dacha amnesty is currently not at all relevant. The fact is that the relevant provisions of the law of 2006 cause a lot of criticism due to their complexity and ill-conceivedness. The so-called simplified form of registration rather causes many problems and difficulties. Only persons who are members of partnerships and dacha cooperatives can pay attention to this form.
Increasing living space by adding additional premises to a private household is not uncommon. But here a legal question arises - how to legalize an extension to a house on your own land? This will be discussed in the article.
From a legal point of view, an extension is subject to mandatory registration. In a good way, you need to obtain a construction permit before starting work. However, some citizens ignore or are simply unaware of this requirement. However, sooner or later the extension will have to be legalized.
An extension is a reconstruction of an existing structure. It was not planned during the preparation of the project and is attached to the main walls much later.
People can complete the following types of structures:
- garage;
- porch or canopy (not a full-fledged structure);
- additional living space;
- kitchen;
- attic or terrace;
- bathhouse, etc.
An additional building can consist of one or more floors; there are no size restrictions. To build it, you must obtain permission from the municipality.
You will first need to register the rights to the land plot in Rosreestr and formalize the project for additional construction. It will contain a list of building materials and technical information.
If a non-permanent structure has been erected, it is not difficult to legitimize it in the future. To do this, you need to visit the BTI and write an application to make changes to existing technical documents.
When the house is in shared ownership, registration will require obtaining the consent of all co-owners. It is worth understanding that when constructing an extension, the size of the share will change. This means that adjustments will also need to be made to the Unified State Register. At the same time, the structure must not violate the rights of other persons.
Why do you need to legalize an extension to your house?
If you do not legalize the additional building, you will not be able to commit any actions against the house in the future. legal action, namely:
- sell;
- exchange;
- pass on as an inheritance;
- give;
- rent out, etc.
The owner of an illegal building may even be fined for the discrepancy between the actual state of things and what is indicated in the papers.
It is only necessary to register an extension if it is a permanent structure. If the construction is not permanent, the law does not oblige it to be legalized.
Thus, registration and obtaining permission for the construction of the following structures is not required:
- porch:
- new entrance to a residential building;
- canopy;
- ladder;
- terrace;
- balcony;
- garage on a plot of land located in SNT;
- auxiliary building;
- the structure does not affect supporting structures or communications.
It is better to initially act according to the law. In this case, the situation is excluded when the owner is asked to demolish the extension and is brought to administrative responsibility. However, it is also possible to legitimize an additional structure after construction.
Legitimation process
There are two possible options developments:
- Construction is planned. In this case, the project and technical plan are first agreed upon, and then the remaining papers and permits are prepared.
- Construction is almost complete. Documents are collected without adjusting the technical plan.
At the planning stage, you should first contact the design company. If the construction is already standing or almost completed, contact the municipality and the BTI, and in some cases it is advisable to immediately go to court.
Specialists will check your documents and make a decision. Refusal is possible in the following cases:
- underground communications lie at a distance of less than 2.5 m from the erected structure;
- extension affected load-bearing structure main structure;
- Low quality materials were used during construction;
- construction was carried out using technology that is now outdated.
An application for approval or a claim in court is accepted in the manner prescribed by law. If the documents are successfully accepted, the applicant will receive confirmation.
Based on the results of consideration of the application, construction consent will be issued and a special commission of authorized persons will be sent. The commission will evaluate the building for compliance with sanitary standards and the project and issue a special certificate.
With this document you need to come to the BTI and make adjustments to the existing documentation. Then the changes are made to Rosreestr.
The step-by-step process looks like this:
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- Collection of documents.
- Submitting documents to the authorized body and writing a corresponding application.
- Payment of state duty. A specialist from the institution will issue a receipt with the details.
- Consideration of the application.
- Making a decision on the application and inspecting the facility.
- Issuance of completed documents.
Keep in mind that registration requires not only time, but also financial costs. It may be more profitable to hire a lawyer who can help you quickly legalize the extension.
Documents
You will need to provide:
- supporting documents for the house and land - an extract from the Unified State Register of Real Estate, a certificate of ownership;
- prepared building design;
- house book;
- consent of the co-owners, if the house is in shared ownership;
- consent of neighbors to avoid violation of their rights and legitimate interests;
- conclusion of communications providers that the planned work is safe.
In some cases, permission may be required from the Ministry of Emergency Situations, SES and the architectural department of the municipality.
Cost of the procedure
The legalization process is subject to government fees and other payments. You will need to pay the following amounts:
- 500 rubles – state duty in the amount of;
- 20 thousand rubles – carrying out a construction and technical examination in court;
- 20 thousand rubles –;
- 10 thousand rubles – adjustment of technical and other documentation.
Prices may vary by region. You should check the cost with institutions in your area.
How to register an unauthorized extension if it has been built?
An unauthorized extension is any immovable object erected on the local area, without obtaining permission from the relevant authorities. The situation becomes much more complicated if during construction the owner committed significant violations of sanitary and technical standards.
How can self-building interfere? The owner will not be able to perform any legal actions with such a house without bringing the documentation into full legal order.
Unauthorized capital structures are registered exclusively in court. The plaintiff will be the owner of the land plot, and the defendant will be the municipality.
In general, to legitimize self-construction, you will need exactly the same documents as in other cases, namely:
- drawings that comply with legal requirements;
- for a house – a sales contract, deed of gift, certificate of inheritance, etc.;
- house book;
- technical documentation from BTI;
- other papers on request.
The judge must make sure that the erected structure does not pose a danger to anyone and does not affect the rights and legitimate interests of other persons. If a positive decision is made on the case, further actions can be taken, that is, changes made can be registered.
If a negative decision is made in the case, the owner will have to demolish the extension at his own expense. This decision is made when the rights of others are violated or the design itself does not comply with the requirements.
In order for the decision to be positive, certain actions must be taken:
- collect all necessary certificates and permits;
- make sure that everything is in order with the documentation for the house and land;
- make sure that the presence of the building does not violate architectural and sanitary standards;
- use safe materials during construction.
If you have any difficulties or questions, please seek legal advice. You can get free legal assistance on our website. Describe your situation to an expert and ask a question in a special window.
Now you know how to legalize an extension to a house on your own land. In general, the process directly depends on the type of structure and the degree of its readiness. It is recommended to prepare everything necessary documents early. If the extension already exists, you will have to contact the judicial authorities. There you will definitely need the help of a lawyer. You can get it on our website.