Фото: About the order of transfer of garden and country houses in residential houses

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About the order of transfer of garden and country houses in residential houses

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Residential real estate objects include buildings classified in accordance with the legislation in the housing stock, country houses and garden houses.

According to the type of residential property, the current legislation distinguishes:
- a residential building - a capital type building constructed in compliance with the requirements established by law, other normative legal acts, and intended for permanent residence in it;
- a garden house - a summer (seasonal) use house which, in matters of standardizing the area of ​​development, external structures and engineering equipment, does not meet the standards established for residential buildings;
- country house - a residential house for use throughout the year with the purpose of country recreation.

So, the garden house is not residential, since it is intended for seasonal use, and the country house, although it is recognized as residential, but because it is used for recreation, is not included in the housing stock.
In connection with the use of garden and country houses for permanent residence, the issue of the transfer of such houses to residential category is relevant.
The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine regarding the transfer of garden and summer houses in residential buildings and registration of their place of residence" provides for the right of citizens to transfer the garden and country houses, which meet state construction norms, in residential houses.

Under the law, temporarily, before the reform of the administrative-territorial unit, dacha settlements and horticultural societies in suburban zones are taken into account in those settlements with which they are connected administratively or territorially. Temporarily, before the reform of the administrative-territorial unit, residents who are united by permanent residence within the limits of the village, settlement, city, which are independent administrative-territorial units, also include residents living permanently outside these administrative-territorial units, but whose housing is classified as appropriate village, village or city.
The mechanism of transfer is determined by the Procedure for the transfer of country houses and garden houses that comply with state building codes in residential buildings, approved by the Cabinet of Ministers of Ukraine from April 29, 2015, No. 321 (hereinafter - the Order).
Thus, according to the Procedure, the transfer of summer and garden houses corresponding to state building codes into free houses is carried out free of charge by the local government of the village, settlement, town, with which the corresponding summer settlements and horticultural societies are connected administratively or territorially.

For the transfer of a country or garden house to a residential building, the citizen who owns it or the person authorized by him submits to the executive body of the village (settlement, city) council, and in the case when the executive council is not created in the village council, - the rural head (further - the authorized body) a statement to which are attached:
- a copy of the document on the right of ownership to a country house or garden house, certified in the established manner;
- written consent of co-owners (if any) for the transfer of such a house in a residential building;
- a report on the technical inspection of a country or garden house with a conclusion on its compliance with state building codes.
On the basis of the consideration of the application, the authorized body within a month from the day of its receipt decides on the transfer of a country or garden house to a residential building (with an indication of its address) or a refusal in such a transfer.

The decision on the transfer is the basis for making appropriate changes in the record of the State Register of real rights to real estate in the manner prescribed by law.
In case of changes in the information about immovable property, property rights and the subject of this right, contained in the State Register of rights to real estate, which are not related to the state registration of rights, the state registrar makes changes in the State Register of Real Property Rights to Real Estate (hereinafter - the State Register rights)
Thus, the legislation stipulates that for the transfer of a country house, a garden house in a residential property, the ownership of a country house or garden house must already be drawn up in accordance with the procedure established by law, making changes to the State Register is made on the basis of a decision of the executive body of the village (settlement, city) advice board.

In order to make changes to the record, the applicant submits to the state registration body rights, the state registrar of which was the state registration of the rights, or the notary, to whom the state registration of rights was carried out, the application and documents: the document, which is the basis for the change of information (the decision of the executive body of the village (settlement, city ) council on the transfer of country houses and garden houses in residential buildings); copies of documents certifying his identity; a document on making a payment for making changes in the record of the State Register of Rights.

Based on the results of consideration of the application, the state registrar makes a decision to amend the State Register of Rights or the decision to refuse to make changes in the State Register of Rights.
That is, the owner of a country or garden house transferred to a residential building receives the decision of the state registrar about making the relevant changes in the record of the State Register of Rights (making changes to the section of the State Register of Rights to change the type of object of immovable property, the introduction of information about the technical characteristics of the object etc.).

After making changes, an extract from the State Register of Rights may be drawn up at the request of the applicant, and the applicant must also submit a document confirming the payment of the fee for the issue of an extract from the State Register of Rights.

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