Gasification of a garden house without property documents
In 2018, an application was submitted for the gasification of the garden house according to a simplified system without requiring land surveying with the provision of the remaining documents.
Work has begun on a preliminary gas distribution project. Gas was started at the site 10 years ago, by one of the investors, i.e. paved at their own expense a street with entry into the plots.
The year 2019 has come and with it the requirement to grant ownership of the land. But I explain that it does not apply to me, since the application and work began earlier! Now they don’t like the BTI data sheet (specially made for gas), as the title does not indicate in the column that the house is owned!
I sent a request to the Ministry of Fuel of Energy to judge, the answer came to conclude a contract for construction and installation works. But Gorgaz refers to the fact that there is no ownership of land or house. Stumped !? Can you help?
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Hello. You were refused on the basis of Decree of the Government of the Russian Federation of December 30, 2013 N 1314, which states that:
“The following documents are attached to the request for technical specifications:
a) copies of title documents for the land plot on which capital construction object (hereinafter referred to as the land plot) belonging to the applicant is located (to be located), and in the absence of title documents for the land plot during construction and reconstruction as part of the housing renovation program in Moscow city - a copy of the location scheme of the land plot or land plots on the cadastral plan of the territory approved by the authorized body tional authorities of Moscow, except in cases of technical conditions for connection of a gas distribution facility network to another network timing.
…
d) a power of attorney or other documents confirming the authority of the applicant’s representative (if the request for technical specifications is submitted by the applicant’s representative);
“.e) a copy of a document confirming the right of ownership or other statutory right to an object of capital construction, if the construction of the said object is completed
On the one hand, the requirements are logical - how can you gasify something that does not belong to you, even if someone brought gas to you on the site itself. By the way, the building is gasified, not the site, so there’s nothing to complain about. Gas can be passed to you in the neighbors and you will be the owner of this section of the pipe. And here, it turns out even then you will not bear responsibility. It’s like, for example, you decide to hold gas in my house, and I’m against and will then present the gas men with an invasion of other people's property.
What can be done ... You need under paragraph "D" the consent of the owner. Who owns your house, to whom is it registered? Submit your request to local authorities. If the owner is a private person, you can find and warn him that under Article FZ 66, Art. 47, they may be deprived of their property rights on the basis of non-payment of contributions to the SNT, violation of obligations to use the land plot, and so on. Or initiate such a decision by filing a lawsuit and motivating this art. 284 of the Civil Code of the Russian Federation. However, under Article 285 of the Civil Code of the Russian Federation, an exemption cannot be carried out for certain circumstances that prevent the owner from using the land in accordance with the rules. Even if the owner is the municipality, gasification can be carried out by agreeing with them.
But here I do not understand you. You do not have ownership rights, but you want to spend a lot of money to gasify an alien, in fact, object. In your place, it would be worthwhile to carry out the procedure for registering a house as a property, although this is not always very simple.
You can also try to go to court, but most likely he will be on the side of the gas industry in this matter.
Good luck to you. Keep us updated.