Likbez: how does an auxiliary building differ from the main one and why is it important to know

CrimeaPRESS reports:

Another legal gap in the field of real estate was filled by a decree of the Government of the Russian Federation in May this year. It is, experts say Mira Apartments, on auxiliary buildings, the status of which has not been determined by law for a long time. Let’s see what will change after the entry into force of this normative act.

There is a term, but no description

The term «auxiliary structures» has long been present in legislative acts, but has not yet been specified. From September 1, 2023 to September 1, 2028, there will be clear characteristics according to which buildings and structures can be classified as auxiliary. To do this, it is enough that the property meets at least one of the criteria.

And the most common of them is when the structure is built on the same land with the main building. It will also be classified as auxiliary if its construction is provided for by the design documentation prepared in relation to the main facility and is intended to serve the main facility.

The second criterion is the condition when the structure is being built in order to ensure the operation of the main facility. It should not be particularly dangerous, technically complex and unique. The area of ​​the object should not exceed 1500 sq. m, and for its placement it is not necessary to establish sanitary protection zones. It is not necessary that the structure be located on a neighboring or adjacent site. It is enough that it is technologically connected with the main building.

The third criterion assumes that such a structure is located on a plot for individual housing construction, private household plots, for a blocked residential development (townhouses), or for gardening. It can be a shed, a bathhouse, a greenhouse, a shed, a cellar, a well or other outbuildings to meet household needs in accordance with the purpose of the site. At the same time, it should be no more than three floors and no higher than 20 meters.

Normal heroes always go around

The reason for the emergence of such criteria was the uncertainty, as a result of which there are numerous litigations to determine whether the structure is auxiliary or not. The fact is that the registration of the main and auxiliary objects occurs in different ways.

To issue an auxiliary object, it is enough to use the simplified system of cadastral registration and registration of rights. This does not require the issuance of permits for construction and commissioning of the facility. Accordingly, it is also not necessary to send notifications about the beginning and completion of construction.

Registration of an auxiliary object is carried out on the basis of a declaration on the basis of its technical plan and a document of title to the land plot on which it is planned to be erected, or a document confirming the possibility of locating the relevant objects without providing a land plot or establishing an easement.

This possibility, on the one hand, has led to the emergence of cases where unscrupulous owners en masse register the main objects as auxiliary in order not to pay taxes. And on the other hand, to the abuse of supervisory bodies and authorities that put excessive pressure on business entities for the sake of corruption or bureaucracy.

And not even taxes

It takes a lot of time and court cases before the highest bodies of executive and legislative power begin to understand each such issue. The legislation of the new Russia over the past thirty-odd years is just beginning to take shape. It is important that every such moment is not left without attention.

It is necessary to maintain a balance of interests. On the one hand, the procedure for registering auxiliary structures should continue to be simplified, and on the other hand, they should not be the cause of man-made incidents leading to the destruction of the main buildings and human casualties.

In addition, each auxiliary structure must be registered without fail. The law already allows this to be done practically in a notification manner. Therefore, the owner must fulfill his obligations to the state and register such a building. Don’t wait to be led by the hand.

Moreover, the owners of auxiliary facilities are exempt from paying property tax from such a building, if it is owned alone, the tax office has issued a corresponding benefit and its area does not exceed 50 square meters. m.

In addition, municipal authorities have the authority to expand the conditions for applying benefits. For example, in relation to an unlimited number of outbuildings. And such buildings as greenhouses, utility blocks, sheds, non-permanent buildings, temporary seasonal structures and other similar buildings are not registered at all and are not subject to taxation.

source: World of Apartments

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