To keep everything clean: construction and registration of a bathhouse on the site

00:00, 11/27/2020 14 Plot: House in focus

The bathhouse must be planned and built correctly, otherwise it may be recognized as an unauthorized construction and required to be demolished

Photo: barnaul-altai.ru

It is unlikely that when planning an individual house on your own site, you are going to make do with a dull shower stall for ablutions. The minds of millions of our compatriots are dominated by the bathhouse - an ideal way to relax your soul and body, improve your health and get a boost of energy. But, as it turns out, the legislation has placed several traps on the way to a citizen’s own bathhouse on his property. Realnoe Vremya looks into how to get around them, and cadastral engineer Liliya Kupchikhina helps us with this.

Do greenhouses need to be registered?

Let's start with perhaps the most pressing issue in the last three months.
As soon as the owners of gardens and vegetable gardens learned about the mandatory registration (and, accordingly, taxes) of outbuildings on a foundation, questions began to pour in about what to do with greenhouses and sheds, toilets, etc. The resonance was so high that at the end of April the deputy chairman of the State Duma Irina Yarovaya asked the head of the Federal Tax Service Mikhail Mishustin to check the information and once again clarify “to pay or not to pay.” Specialists from BTI and Rosreestr responded as follows:

The need to register outbuildings, including greenhouses and sheds, depends on the purpose of the site.

“If the land is intended for vegetable gardening, then the construction of capital construction projects is not allowed on such plots. This means that all outbuildings (sheds, bathhouses, greenhouses, sheds, cellars, wells and other structures) cannot be erected as capital ones - on a solid foundation.

But garden plots can accommodate capital outbuildings that are firmly connected to the ground, that is, objects that cannot be moved without compromising their purpose. Rights to such objects are subject to registration.”

Conclusion: if greenhouses on a permanent foundation appear on garden plots, they will have to be demolished; if on garden plots, they will have to be registered.

Please note that the Russian Ministry of Economic Development is currently developing a bill that clarifies the criteria for classifying objects as immovable or movable things. According to the draft law, auxiliary buildings - sheds, greenhouses, etc. - will be considered improvements to the land plot or the main facility, for example, a residential building. Previously registered buildings can be excluded from the Unified State Register of Real Estate in a simplified manner at the request of the copyright holder.

How to properly register a sauna as your property

Registration consists of several stages.
Before registering a steam room with amenities and relaxation rooms as capital construction, you must obtain permission for it. Attention. You cannot first build an object and then legitimize it. This is considered unauthorized construction by government agencies and a fine will be imposed. And if the steam room is in a natural area protected by law, then demolition.

Why do they want to extend the dacha amnesty again? How many unregistered dachas are there today?

The dacha amnesty, in fact, ended ahead of schedule on March 1, 2021, when the transition period for the new rules that introduced amendments to the Town Planning Code of August 4, 2021 ended. True, a bill has already been introduced to the State Duma to extend the dacha amnesty until March 1, 2022.

“Neither Rosreestr nor the Cadastral Chamber has such data. Local authorities should have information about how many unregistered individual houses and dachas there are.

Because the Unified State Register of Real Estate (USRN) contains information only about real estate objects registered for cadastral registration and registered rights to them. Since 2006, about 13 million property rights have been registered using a simplified procedure.”

Game of tag: where to put a bathhouse

A bathhouse is a very difficult object in terms of choosing a location, because it must be located on the site in such a way that it complies with both urban planning standards (it is located at the required distance from the house and from the border of the neighboring plot) and sanitary and epidemiological standards (after all, this is a structure from which drains), and fire protection (after all, if a stove is heated in it with an open fire, there is a serious danger of fire). These requirements are regulated mainly by SNiP 30-02-97 (in their updated form), SP 11-106-97 and some other documents.

• The distance from a residential building to a bathhouse (sauna) must be at least 8 meters.
• The collection and treatment of wastewater from a bathhouse or sauna is carried out “in a filter trench with gravel and sand backfill or in other treatment facilities located no closer than 4 meters from the border of the neighboring site.”
• The distance from the wall of the bathhouse to the neighbor’s fence should not be less than 1 meter. In this case, the roof slope must be designed so that rainwater does not spill from it onto the neighboring property.

• If there is a forest nearby, then the bathhouse should be at least 15 meters from the forest.

Photo mfcgos.ru

• If there is a natural reservoir adjacent to the site, then forget your dreams of running out of the bathhouse straight onto the bridge and jumping into the river wearing what your mother gave birth to. To do this, you will have to run at least 20 meters (this is the width of the coastal strip, which must be left for public use). This is a requirement of the Water Code of the Russian Federation.

• If there is a well or water well on the site, then the bathhouse must be located at least 12 meters away from it so as not to pollute the aquifer with runoff. True, this is not regulated by law, but most experts recommend doing so.
• And finally, your bathhouse should be located at least 5 meters from the road and from the red line (if it runs somewhere nearby).

According to the updated SNiP, fire distances are not standardized within the boundaries of one site - that is, you can safely put a barn, a bathhouse and, say, a gazebo close to each other. It is only important to maintain a distance of at least 8 meters from a residential building and the necessary distances from neighboring plots. By playing tag this way, you can find the perfect place for your bathhouse.

You may ask: what about bathhouses attached to the house? In this case, SNiP, which establishes distances for detached buildings, says nothing. So such a bathhouse needs to be taken into account in the total area - despite the fact that it will pose a certain fire hazard (especially if there is a wood-burning stove in it), it will be an integral part of your home.

In the Moscow region, these authorities have recently launched special spy drones that photograph suspicious “extra” roofs on an area where only a house is registered. Photo: pixabay.com

Experts advise that the entrance to the bathhouse should be oriented towards the south (because there is more sun here, which means less snow accumulates in winter). It is better to place windows in the west or southwest (this will ensure maximum illumination). And one more important piece of advice: your bathhouse and the entrance to it should be clearly visible from the windows of the house: if a fire occurs, it is better to see it immediately, and not focus on a column of thick black smoke coming from somewhere around the corner.

And one more question: what will happen if you install a bathhouse not in accordance with SNIPs and do not register it? Most likely, nothing for the time being. But several options are possible: when a violation is discovered, you face a variety of sanctions - from a fine to a decision to demolish the bathhouse as an illegal building.

• You will be “knocked” by eagle-eyed neighbors who will see that the distance between the house and the bathhouse is less than 8 meters.
• It’s even worse if eagle-eyed neighbors decide that your bathhouse, built closer than it should be to their fence, violates their rights to comfortable living on the site. For example, in winter, snow falls from the roof of the bathhouse onto their site, the second floor (if there is one) shades their flowerbeds, and smoke from the chimney goes straight to their gazebo. They have the right to sue if there are violations of the location, and the court may well oblige you to demolish your source of health and youth (as long as it cannot be moved to another place).
• The Rosreestr authorities learn about the violation, and their ways are inscrutable: for example, in the Moscow region, these authorities have recently launched special spy drones that photograph suspicious “extra” roofs on a site where only a house is registered. Some enterprising landowners “escape” from such photographs by placing fake grass on the roofs of unauthorized “upgrades” built on their property.

Armed with a technical plan, a passport and 350 rubles to pay the fee, the owner of the site (and bathhouse) goes to the MFC, where he submits documents to register the object in Rosreestr. Photo by Gulandam Fatkhullina

How long does it take for a citizen to build a house?

The notification nature of construction and registration of real estate, which was introduced by amendments to the Town Planning Code, assumes that a person is given 10 years to build an individual residential or garden house . He must meet this deadline and then submit a notice of completion of construction .
If the building was erected according to the rules, then local authorities themselves submit documents for registration to Rosreestr. With such rules, registration of real estate cannot be avoided, otherwise the object will be considered an unauthorized construction and will be ordered to be demolished.

Construction permit required

A permanent building with a communications supply and living rooms must be registered. Papers giving permission to build a sauna on the site are also required.

Is it necessary to design a building that will have water, heating, electricity and have two floors? Yes, this is a capital structure and is subject to mandatory registration according to state laws. For its construction, it is necessary to obtain a package of documents permitting construction.

If the proposed building does not have amenities, communications, or living rooms, then it is considered an outbuilding and does not require registration.

You also need to receive the corresponding folder if you decide to attach a sauna to your house. In this case, you need to change the house plan and approve it. Fire safety, the impact on the foundation of the main house, and an increase in square meters are taken into account.

Is it possible to build two houses on one plot? Or will one have to be demolished?

Theoretically, it is possible to build two houses on one plot of land.
But only in compliance with the norms of land and town planning legislation, building codes and regulations, in particular, the area of ​​the land plot should allow such construction. If “the land plot does not physically allow the construction of a second residential building on it, since the necessary setbacks from the boundaries and other norms and rules (for example, fire safety) are not observed,” then one of the houses will be recommended to be demolished. But you can try to recognize the right to a second home in court.”

On what lands is construction allowed?

You can build a steam room in areas intended for:

• individual housing construction;
• peasant, farm and personal subsidiary plots;
• gardening activities, if the structure is built for the season.

According to Federal Laws No. 217 and No. 349, a garden plot includes country houses and SNT.

Main requirements for construction

Before you legalize a bathhouse on your own land, you need to check whether it meets all building codes and fire safety regulations.

Before construction, design documentation is developed, which includes a general plan. It displays the building itself, taking into account the requirements of SNiP 30-02-97. When locating, it is important to consider the minimum distances in meters to the following objects:

• neighbors - 1;
• residential building - 8;
• forests - 15;
• shrubs - 1, tall plantings - 4;
• water - 22;
• wooden buildings - 15;
• wells and boreholes - 12;
• sewerage - 1.5;
• red line - 5;
• roads - 6.

It is optimal to choose an area with elevation to avoid the influence of groundwater. It is also important to pay attention to the location of pipelines and power lines.

Regardless of whether the bathhouse is a capital construction or not, it can easily cause a fire hazard. To prevent fire, it is necessary to treat wood structures with fire retardants. The chimney cannot be built from asbestos-cement pipes, and the place where it comes into contact with the ceiling is insulated with non-combustible material. A metal sheet is laid on the floor in front of the stove, and a fire screen is attached to the wall. According to electrical safety rules, sockets and switches are not installed in the steam room and shower. The bath complex is subject to separate grounding and installation of automatic machines. Installation of a ventilation system is required. There should be a working fire extinguisher in the dressing room. All doors open outwards.

Compliance with sanitary standards is mandatory. The structure is equipped with a drainage system. All materials used are only natural. Rot and mold should not be allowed to form.

Do I need permission to build a bathhouse on my own site?

According to the Civil Code of the Russian Federation, permanent buildings, for example, intended for housing, receive approval for construction. Garages and buildings that are not profitable and do not have utilities do not require admission. Is the steam room of this type and is it necessary to obtain permission to build a bathhouse on the IZH site?

Can land be seized from the owner?

Yes . The Land Code contains a provision on the termination of the right to a land plot. If a land plot granted with the right of permanent (indefinite) use or lifelong inheritable possession is not used for 3 years, then it may be seized .
A plot can also be confiscated if the land is not used for its intended purpose. For example, a site is allocated for agriculture, and a store is built there, or an activity organized on the site is harmful to the environment (for example, a car wash operates).

What are the benefits of state registration of a bathhouse?

State registration of real estate carries with it not only the need to pay taxes, but also the right of legal assessment, the right of legal sale. If you have a bathhouse on your property that is not on the plan, then legally it does not exist. The building cannot be insured, pledged, or specified in a deed of gift or will.

It is worth considering the negative aspects of the lack of registration - illegal buildings are subject to demolition at the expense of the owner. You can live peacefully for years, but, for example, a conflicting neighbor will appear and express dissatisfaction. By court decision, the executive authorities will be obliged to force the removal of the illegal bathhouse.