The issue of formalizing and obtaining ownership of any residential or non-residential building, including a store, is closely related to the ownership of the land plot on which this building is located. To register the ownership of a store, it is necessary that this structure is not an unauthorized building.
Instructions
Step 1
According to paragraphs 1 and 2 of Art. 51 of the Urban Planning Code of the Russian Federation, the construction of capital construction projects must be carried out on the basis of a properly issued building permit, which is issued by the architecture and urban planning authorities under the local administration. The permission received for the construction of the store is a document confirming the compliance of the project documentation with the requirements of the urban planning plan of the land plot, it gives the developer the right to carry out construction and testifies to the legality of the construction.
Step 2
Even in the case when the land plot is in your ownership, you can build real estate on it only subject to the observance of town planning and building codes and regulations, in strict accordance with the purpose of the land plot. If a store is built on a plot of land that was not intended for these purposes in the manner prescribed by law and other legal acts, or was erected without permits, with a significant violation of town planning and building norms and rules, then it is considered an unauthorized construction (Article 222 of the Civil Code of the Russian Federation).
Step 3
If the above conditions are met and your title to the land plot is met, enter the store building into operation and register your title to it with the registering authority. There will be no problems in this case. Ownership of the store, according to Art. 218 of the Civil Code of the Russian Federation, is acquired automatically, provided that it was erected in compliance with the law and other legal acts. Since this construction object is subject to state registration, the title to it will arise from the moment of such registration.
Step 4
If you rented a land plot that is in state or municipal ownership, issued a building permit and erected a store, you can acquire ownership of this land plot in accordance with Art. 36 of the Land Code of the Russian Federation.
Step 5
When the land plot does not belong to you by right of ownership or by any other right specified in paragraph 3 of Art. 222 of the Civil Code of the Russian Federation, a legal refusal to register your ownership of the unauthorized building of the store will follow.
