Who authorizes construction. How to get a building permit? When you don't need a building permit
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1. General Provisions
This personal data processing policy has been drawn up in accordance with the requirements of the Federal Law of July 27, 2006. No. 152-FZ "On Personal Data" and determines the procedure for processing personal data and measures to ensure the security of personal data Miftahutdinov Dinar Irikovich (hereinafter referred to as the Operator).
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On his own land plot, the owner can build an individual residential building - this is one of the components of property rights. However, there are a number of formalities that must be observed, otherwise the state may require demolition of the unauthorized structure. Previously, it was necessary to obtain a building permit, but since August 4, 2018, this document has been canceled for individual housing constructions and garden houses.
Thus, only until August 3, it was provided for the issuance of such a form as a permit to build a house on one's own plot, in 2019 other documents are applied (adjusted for transitional provisions and compliance of the object with the established parameters). We will tell you what procedure for coordinating "dacha construction" has taken the place of permitting.
What is a building permit and how is it currently replaced?
Do I need a permit to build a country house in SNT in 2019? No, it is not required to obtain such a document during the construction of an individual residential building or garden house due to the indication of Art. 51, part 17, clause 1), 1.1) of the Town Planning Code. The same rule applies to the reconstruction, for its production also does not need a separate permit.
However, the state must still receive information about construction, this is necessary to control the development of the territory, in addition, local governments have their own separate plans and architectural projects.
The permissive procedure has now been replaced by a notification one. Appropriate changes have been made to the Town Planning Code in accordance with the law FZ-340 of 08/03/2018. Building a house without a building permit is now possible, but you should inform the authorities of your intentions by sending a notice of planned construction.
The authorized executive body of local government or local government considers the notification and either approves the construction or refuses it (the document on approval or refusal in it is also called a notification and it must be sent within a strictly specified period). After the completion of all construction activities, it is required to provide a notice of completion of construction, without which it will not be possible to register ownership.
This is how the notification procedure is implemented. It is impossible not to notice that it is carried out in practice much easier than permissive. Now a citizen does not have to ask the question “how to get a building permit for a house”, he simply sends a notification in the prescribed form.
Legislative framework and major changes
The permit for the construction of an individual residential building in 2019 was canceled, as well as a garden one. But it is necessary to understand the terms of what the law implies in this case.
Firstly, it is worth clarifying that from the date of the entry into force of the new Federal Law on horticulture and horticulture from 01/01/2019. all types of permitted use such as "summer cottage land", "land for gardening" are considered equivalent. That is, all sites in SNT, with the appointment of "LPH", etc. considered allocated and acquired for horticulture or horticulture. At the same time, the construction of residential and garden houses is provided only on the garden plot.
A permit for the construction of a private house is not required if the object planned for construction meets the following criteria:
- it is a separate building;
- number of storeys - no more than 3;
- building height - no more than 20 meters;
- consisting of rooms and ancillary premises intended for living and domestic use;
- the premises are not intended to be divided into independent objects.
If these requirements are not met, a building permit with project submission will be required.
Building a house in SNT is usually carried out using simpler technologies. According to the law, a garden house is understood as a room suitable for seasonal use and designed strictly to meet domestic needs associated with temporary stay in it.
It should also be noted that the dacha amnesty can be extended until March 1, 2022. It provides for the registration of country housing without additional provision of an act for commissioning. If the new law is adopted, then objects built before 08/04/2018 can be registered only according to the technical plan and declaration. If construction began after August 4, 2018, then notifications cannot be dispensed with.
All of the above requirements are the same for the whole country, there are no exceptions for Moscow or Kaliningrad, and local authorities are not entitled to make any amendments or changes to the procedure established by federal laws.
Procedure for the beginning and end of construction
So, the decision was made to build a house. Where to get permits from the state? If the premises are planned to be less than 4 floors and below 20 meters, no permit is required. It is enough to submit a notice of the planned construction. You must provide the following information:
- surname, name, patronymic, passport data;
- cadastral number of the plot, description of its location and address;
- information about the ownership or other right to land;
- information about the type of permitted use of the site;
- parameters of the planned construction object;
- confirmation of the fact that it is not intended for a subsequent section;
- contacts.
The notification must be accompanied by a description of the external appearance of the proposed building.
There are several ways to submit a form:
- personally carry;
- through the MFC;
- through the portal of the State Service;
- by mail.
Within 7 working days, the authorized body considers the appeal and decides to issue a notification on the compliance of the object's parameters with the established parameters and the admissibility of its placement, or on non-compliance and inadmissibility. In the latter case, it will not be possible to register the premises later. But such a notification is issued only in extreme cases: violation of documentation on the planning of the territory, land use rules; non-compliance of the premises with the purpose of the site; The form was not submitted by the owner. If the form was not sent within the specified period, it is considered that an affirmative answer was given to the citizen's appeal.
A month after the completion of construction, it is necessary to notify the authorities about this. You also need to attach a registration certificate, which will require sent and received notifications. After that, according to the current rules, the authorized local body of construction supervision sends documents about the constructed facility to Rosreestr for registration of ownership. In practice, this is inconvenient and causes unnecessary bureaucratic red tape.
The new draft law No. 707989-7, submitted to the State Duma on May 14, 2019, provides for changes in this procedure. It is proposed to let citizens decide for themselves: to apply to Rosreestr for registration of rights personally or to leave this appeal to the construction supervision authorities.
Permission to build a private house is mandatory. A permit for construction is issued only upon presentation of a list of required documents. If an incomplete list of papers is submitted or they have errors, then the application is rejected. The construction of the building will be illegal in the absence of a document from the responsible authorities.
Why do you need permission
The Civil Code of the Russian Federation is a set of legislative acts that determines how to obtain a permit for the construction of a house, regulating the processes of erecting objects of any kind. According to the points, the document is mandatory; without it, the construction of the building will be illegal.
The permit is used to confirm that the construction process of the building has been carried out in accordance with the applicable laws and regulations. So the constructed premises will comply with safety conditions and will not allow damage to nature and other infrastructure.
Who issues a building permit?
For the issuance, the responsible authority is the municipal government, determined by the location of the land plot on which it is planned to develop the development. But the place where you can get a building permit may vary depending on the nuances:
- For the construction of a private house on its own plot of individual housing construction, a permit is issued by local governments on urban planning activities of the area in which the construction site is located.
- The body authorized to protect cultural heritage objects in the constituent entity of the Russian Federation - if construction work is carried out within the boundaries of historical settlements;
- Ministry of Natural Resources and Ecology of the Russian Federation - if subsoil is used during construction work;
- Roskosmos - if a space infrastructure facility is being built;
- Federal Service for Ecological, Technological and Nuclear Supervision - if the object is intended for work in the nuclear industry.
Obtaining a building permit
The entire procedure for obtaining a building permit is regulated by Article 51 of the Civil Code of the Russian Federation. The first step in obtaining permission is the creation of a project, the development of which should be carried out by a professional. You can find a specialist in the relevant organizations, where they will prepare an individual project or present a finished plan. Here they will prepare the necessary documentation that will be required during construction.
When permission is not required
Article 51 of the Civil Code of the Russian Federation also indicates cases when construction can take place without obtaining a permit:
- intrachannel connections;
- construction of a garage on a non-commercial territory;
- construction of non-capital structures;
- facilities necessary for connection to engineering networks.
Interesting fact! Non-capital structures include light structures that do not have deep foundations (arbor, barn, cellar, well, and so on).
Obtaining a building permit
Obtaining a permit for the construction of individual housing construction is carried out according to the principle in force for capital facilities. There are differences in the package of collected documents and the place of application where you need to submit an application with papers.
It is allowed to register only one capital house on the territory of the site. The construction of a guest house is allowed only if it will be an auxiliary facility, the construction of which will not require obtaining documentation. A similar rule works for the construction of other non-capital facilities.
A house built according to IZHS cannot have more than 3 floors. Always built for one family. If the object exceeds the set limit, then the list of collected documents will change.
Minimum values for a house ILI:
- kitchen area - 6 sq.m.;
- area of one living room: living room - 12 sq.m. or bedroom - 8 sq.m.;
- corridor width - 0.85 m;
- width of a separate bathroom: bathroom - 1.5 m. and toilet - 0.8 m.
Interesting fact! The IZHS object can be built only if there is a minimum distance from the house to the common areas. If the conditions are not met, the permit will not be issued.
Where to go
For registration, you will need to apply with an application to the nearest MFC. Registration of the appeal is carried out during the day. If the development is carried out using the subsoil or on the territory of a historical settlement, then additional papers will be required.
Accompanying documents
What do you need from the documents to obtain a building permit:
- application drawn up at the MFC;
- citizen's passport;
- proof of ownership of the land where the construction will take place;
- project.
Title documents mean a certificate of state registration. If it is absent, then the replacement is the paper on the basis of which the territory was transferred into possession (contract of sale, will, donation).
Project paper is determined by Article 51 of the Civil Code of the Russian Federation. For objects capital construction the following documentation will be required:
- architectural solutions;
- accessibility for people with disabilities;
- conclusion of the examination (a specialist is sent from state bodies);
- engineering and technical plan;
- explanatory note;
- project of dismantling, demolition;
- construction project;
- permission to deviate from minor parameters;
- consent from the owner of the building to its reconstruction (if any);
- site layout plan;
- planning organization scheme.
The regulation of documentation during the construction of individual housing construction is carried out by the same legislative act. Before you receive permission to build a private house, you will need to collect the following package of papers:
- site plan (maximum prescription - 3 years);
- description of the appearance of the object (required only for construction in historical settlements);
- planning organization of the site.
Getting rejected
After the transfer of documentation and application, the decision is made by the commission within one week, as specified in Article 51 of the Civil Code of the Russian Federation. The period is extended to 30 days if the project relates to capital construction, which is not linear or the construction is carried out in a historical settlement.
The result of consideration of the application may be a refusal to issue a permit. The grounds for rejection are specified in Article 51 of the Civil Code of the Russian Federation. If it was caused by shortcomings, inaccuracies or a lack of attached documents, then it will be necessary to eliminate the shortcomings, and then re-apply to the place where the applicant was refused permission to build a private house.
Other reasons for the rejection of the application, described in the legislative act:
- the applicant is not the owner of the territory;
- construction takes place in a specially protected area;
- the land is required by the state.
If the applicant believes that the decision to refuse was made illegally, then he will need to draw up a claim for submission to the court. The document must include:
- addressee data;
- applicant's data;
- details of the authority whose decision is being appealed;
- clarification of the situation;
- a request to declare the decision rendered unlawful;
- list of attached documents.
Validity period of the permit
The document is valid for the next 10 years from the date of issue. It must be maintained throughout the life of the project. If the building is not put into operation after 10 years, then it can be extended for an additional period by decision of the authority that issued the document.
To renew the permit, you must apply before the expiration of the last 60 days of the document. The application is submitted to the authority that issued the permit. An extension request may be denied due to lack of commencement of work.
Consequences of building without a permit
If the construction of housing is carried out without obtaining the appropriate permits, then the constructed building will be declared illegal. The minimum consequences that can be - a ban on connecting communications, the maximum - bringing to administrative responsibility. The latter case takes place if the construction norms and rules of construction were not taken into account. Due to the impossibility of registering the building, it will not be possible to conduct any transactions with the constructed object (sale, rent, and so on).
Interesting fact! Registration of property rights will cost 350 rubles, paid as a state fee.
If you obtain a permit yourself, it will be free. If a specialized company will collect documentation and other procedures, then the cost of obtaining a permit to build a private house varies depending on various factors, but on average it costs from 15,000 to 50,000 rubles.
Whether it is necessary to obtain a permit for the construction of a private house will be answered by Article 9.5 of the Code of Administrative Offenses of the Russian Federation, which determines the punishment in the absence of this document:
Advantages and disadvantages of IZHS
The advantages of the IZHS are as follows:
- you can register in the house, which will allow you to use social state institutions;
- there are programs from the state;
- construction of a house is allowed without unnecessary restrictions;
- property belongs only to its owner.
Interesting: How is real estate? Step by step instructions and expert advice.
The disadvantages of IZHS are as follows:
- limited area size;
- the start of construction is allowed within 3 years from the date of registration of ownership of the territory;
- if a house does not appear on the territory within 10 years, the tax will double.
A building permit is a document authorizing the construction of a building. Otherwise, a citizen may incur administrative liability for neglecting the law.
The main document of title that allows the construction of a building on a site is a building permit. Everyone is obliged to obtain such a permit, since administrative liability is threatened for illegal construction, and it’s impossible to legally connect electricity or get a loan without supporting documentation.
Permits for the construction of IZHS
Construction can only be carried out on target sites for individual housing construction. According to the GRK in Russia, land owners are allowed to build residential buildings up to 3 floors inclusive, all kinds of extensions - baths, garages, greenhouse complexes, sheds, as well as to produce agricultural products.
In addition to the lands of individual housing construction, construction is allowed to be carried out on household plots - such plots are located within the urban environment. In modern legislation, there is no difference between individual housing construction and a plot of subsidiary personal farming. Accordingly, the package of permits for obtaining construction rights must be prepared the same for both types of sites.
Permission must be issued at least in order to be able to:
- get a targeted loan;
- make a technological connection.
Moreover, for unauthorized construction and operation of the building, administrative liability is established, which, in accordance with Part 5 of Art. 9.5. Code of Administrative Offenses. The penalty is:
- from 2 to 5 thousand rubles. - for individuals;
- from 19.9 to 50 thousand rubles. - for officials;
- for individual entrepreneurs - from 20-50 thousand rubles, stoppage of activities for 3 months;
- for organizations - from 500 thousand to 1 million rubles, stop the operation of the LLC for 3 months.
According to paragraph 2, paragraphs. 1 st. 51 of the Town Planning Code of the Russian Federation, an individual house must meet 3 criteria:
- the total area (S) of a residential building cannot exceed 1.5 thousand m 2;
- only 1 family should officially live in the house;
- the number of floors should not be more than 3.
If the total area of the site on which construction is planned is more than 1.2 thousand m 2, only one house is allowed to be built.
The procedure for obtaining a building permit
In order to obtain permission, it is necessary to prepare an application for the local administration and submit it to the location of the site in the name of the head:
- making a personal visit;
- through your personal representative (in this case, you need to issue a power of attorney);
- by submitting an application in the prescribed form through the MFC;
- send electronically.
If the site is partially located in different subjects or municipalities, the document will have to be submitted to the regional (territorial) administration.
In addition to the application, you need to prepare documentation about the project.
First of all, it is necessary to obtain a GPZU document - a site plan from the department for construction and architecture in the municipality.
- lot number - cadastral;
- the boundaries of the intersection of the site;
- information about the available indents located from the edge of the boundary of the site, on which construction can be carried out;
- information about the purpose of using the site;
- information in accordance with urban planning regulations;
- calculations regarding local infrastructure facilities (minimum and maximum levels);
- usage limits;
- information on the presence on the land of the owner of public easements;
- data on the technical and engineering support of the site and the presence of a major overhaul of buildings;
- information about those accession;
- title documents;
- red markers for site boundaries.
Based on the GPZU, the EPZU is prepared.
The schema contains the following data:
- building number;
- total area of land and house;
- the ratio of the area of \u200b\u200bthe house to the land in%;
- building height;
- number of floors;
- type of fence;
- other information according to the official document - Sec. 2 GD No. 87 of February 16, 2008
The data in the EPROM must correlate with the key information in the EPROM.
After receiving the site plan, you must attach the appropriate package of documents to it and file an appeal through the MFC.
Deadline for obtaining a permit
Verification of documentation is carried out by a representative of the municipality no later than 10 days from the date of the applicant's application.
As a result, after verification, the body decides:
- on the issuance of a building permit;
- refusal to issue a building permit.
A good reason for refusal is the presence of errors in the documents and violation of the rules of the Urban Planning Code.
The issuance of a permit is absolutely free. The document is valid for 10 years.
If a citizen is sure that the refusal to grant the land owner the right to build is unlawful, the applicant has every right to file an application with the court.
If the owner has received permission, he submits the engineering documentation to the authorized body.
Obtaining permission from the MFC and the State Services
In order to legally correctly issue a GPZU, you need to come to the MFC at the location of the land with a document on the provision of a site plan.
Approval period will be approximately 7 working days + 2 days for sending documents. After this line, the individual will receive a response from the Administration.
You can also use the State Services website to obtain permits. The online registration process is also free. The term for the provision of services in this case will be 10 days.
What documents are needed
The standard list of documents that need to be prepared for approval by construction officials is approved by Part 7 of Art. 51 of the Town Planning Code of the Russian Federation.
The documents include:
- statement;
- plan of the plot of land under construction;
- a document that fixes the property right of a person to land;
- information about the planned examination of the site;
- scheme from urban construction - fixing the boundaries;
- basic papers for the project;
- consent of the owners of the site in order to reconstruct the building.
Information required to obtain a permit:
- extract from USRN;
- GPZU - not older than 3 years;
- SPOZU;
- Text and graphic description of the construction object.
According to paragraph 10 of Art. 51 of the Code, the requirement by the Administration of any other documentation is not allowed.
The administration can request an extract from the USRN, GPZU on its own. Therefore, the main thing is to provide project documentation and an application.
Project documentation
The concept of project documentation includes technical, engineering, construction and other aspects in the field of construction and reconstruction of a construction site.
Project documentation contains:
- cost estimate;
- text data;
- scheme;
- blueprints.
The composition of project documentation is regulated by Decree of the Government of the Russian Federation No. 87 dated February 16, 2008 and includes:
- Explanatory note.
The text part includes: details of a legislative act (this can be a target program, a decision of the Government or the President, as well as the developer himself) and data on project documentation - details of the developer, contract with a contractor, engineering expertise data, title information, site plan, technical data according to part 7 of Art. 48 of the Civil Code of the Russian Federation, fixed information on permitted deviations from the original development plan, etc.
- Site plan.
Contains information about the boundaries of the land, characteristics of the site, economic and technical indicators, justification of engineering and transport communications. The graphic part contains the plot diagram, network plans, land, building placement, etc.
- architectural solutions.
Substantiation of the appearance of the structure and modeling of the building in graphical form.
- Building structure.
Information about the location of the object - climatic factors, topography, geological and engineering surveys, etc. Graphically depicted floor plans, drawings, diagrams of frames, partitions, structures, foundations, etc.
- Information about engineering networks.
Contains information about electricity, water supply and disposal, ventilation, heating, cooling systems, gas supply and other technological solutions that are used later in the implementation of technological connection.
- project information.
Description of the information that is necessary for the completion of construction in this area.
- Fire safety.
Information about the technical equipment of the building, which will reduce the risk of fire on the territory of the facility.
Before compiling the documentation, you must familiarize yourself with the order of the Ministry of Regional Development No. 624 dated December 30, 2009.
You can prepare documentation both on your own and with the involvement of a contractor.
According to part 3 of article 48 of the Code, documentation is not needed when reconstructing and building individual residential facilities, which include 1, 2 and 3-storey houses, in which no more than 1 family lives.
In addition, you need to draw up a budget. Examples of cost estimates are presented
Rice. 1. Estimate for the construction of a house (option 1)
Rice. 2. Estimate for building a house (option 2)
Application sample
A sample application for construction is requested from the District Administration, or can be downloaded in the format or .
Power of attorney sample
If the application with a package of mandatory documents is submitted by the representative of the owner, then it is necessary to attach a confirming document for the right of the representative to take actions to obtain permits. To issue a power of attorney, you must contact a notary.
When a building permit is not required
According to paragraph 17 of Art. 51 of the Civil Code of the Russian Federation will not have to obtain permission for the owners of the site who plan to build:
- garage;
- a building that does not belong to the category of capital construction (for example, a kiosk);
- ancillary facilities (for example, "summer kitchen");
- changing the object without disturbing and changing the structural elements.
The importance of obtaining a building permit cannot be overstated. In addition to the needs of the owner in additional living space, laying engineering networks, etc., objective circumstances must be taken into account. The safety and appearance of the construction site must comply with the requirements of the region in which the construction is being carried out. Obtaining a permit is the responsibility of every citizen who decides to engage in construction.