Permission to build a house on your own plot: where and how to apply? Date of issue and period of validity of the building permit. Validity of a building permit and the procedure for its renewal

For objects of different purposes, a different period of validity of a building permit is provided. For individual housing it is ten years, for other objects it is determined by the construction organization project. The 1998 Code provided for the issuance of a building permit for a period of three years. Of course, this did not reflect the individual characteristics of each construction site.

In the Town Planning Code of 2004, article 51, part 19 provides for a more flexible approach to resolving this issue.

Upon transfer of ownership of land plot and the object of construction or reconstruction to other persons, the period of validity of the previously obtained building permit is retained. New owner can keep running construction works With obligatory payment changes to the permit issued to the previous owner.

Individual or capital construction

For individual housing construction no development required project documentation. Consequently, a construction organization project is not being developed, according to which it would be possible to determine the construction period in each specific case. Therefore, for such objects, the period of validity of the building permit is ten years. If necessary, this period may be extended in the prescribed manner, as will be discussed below.

Capital construction or reconstruction is carried out on the basis of the developed and approved project documentation. One of the sections of project documentation is a construction organization project, which indicates the time required for the construction or reconstruction of this facility.

What is taken into account when determining the timing?

The calculation of the construction time of the facility is carried out according to the current regulatory documents. They include the average construction time for similar facilities, taken from construction practice. Regulatory terms construction projects include the use of advanced construction or reconstruction technologies, compliance with the technology of construction work, and ensuring the quality of construction. With the normal organization of work at the construction site, the commissioning of the facility within the time frame provided for by the construction organization project does not cause any particular problems.

The only factor that is not taken into account by the construction organization project and construction duration standards is financing. The normative terms are designed for full-fledged regular financing throughout the entire construction period. Interruptions in the financing of the facility can lead to a delay in construction. V similar cases current legislation provides for the possibility of extending the construction period.

Not later than 60 days before the expiration of the previously obtained building permit, the developer must apply for an extension of the permit to the same authorities that issued this permit. An important factor affecting the extension of the permit is that the construction or reconstruction work must be started before the submission of such an application, more precisely, the expiration of the period for its submission. If such requirement of part 20 of Article 51 of the Code is not met, the renewal of the permit will be refused.

It should be borne in mind that when applying for an extension of the permit, it will be necessary to provide a construction organization project with an amended calendar plan, which will determine the extension period. It takes time to make changes to the project documentation. By special order of the Government of Moscow No. 2631-RP dated December 29, 2010, at all construction sites where construction and installation work was carried out, the permits of which expired before February 1, 2011, these permits were extended for three months. This was done in order to ensure uninterrupted operation at these facilities. As this example shows, failure to timely issue an extension of the permit can lead to a suspension of construction.

The construction of the house is regulated by the relevant building codes and rules and is controlled by state construction supervision authorities. However, this whole complex process begins with the first step - obtaining a building permit.

Before starting construction, it is necessary that the project documentation of a residential building be in full compliance with the requirements of the urban planning regulations, the land surveying project and the territory planning. Since each piece of land, according to the category of land to which it belongs, has its own requirements and restrictions on the placement of objects on its territory, confirmation is also required that it is possible to build a residential building on it.

To understand what buildings can be erected in the case of individual construction, you must refer to the Classifier, which is an appendix to Order N 540. It says that in this case you can build:

1. Residential building in which, due to the conditions, people can live permanently. It should have no more than three floors. Construction standards, SNiP and the location of objects on the territory are described in.
2. Utility rooms and individual garages.

erect residential buildings on the territory of the land. The law provides for exceptions only if such land does not apply and is not subject to urban planning regulations. (part 3 of article 51 of the Civil Code).

Where and how to get a building permit

Responsible for issuing a building permit is the local government at the location of the site of the proposed development (part 4 of article 51 of the Civil Code). It is there that the developer sends the application and related documents. It is also possible to send an application and the package of documents attached to it through a multifunctional center that provides state and municipal services.

The application must be accompanied by the following package of documents:

1. Documents for the ownership of the land.
2. A town-planning plan for a land plot, moreover, between the date of its issue and the moment of filing an application, no more than 3 years should elapse.
3. Planning organization of the site (scheme) in which the place where the object of individual housing construction is located is indicated.
4. Description appearance object, provided that it will be built on the territory of a historical settlement, which is of federal or regional significance (part 9 of article 51 of the Civil Code).

Project documentation for a house can be provided at the request of a citizen.

The procedure for considering an application

If the developer did not independently provide the documents listed in paragraphs 1 and 2, then the authorized bodies themselves request them from subordinate organizations that have access to them. In case of absence in the United state register real estate (EGRN) data on the documents from clause 1, the developer is obliged to provide them himself.

Within seven days from the date of receipt of the application, local authorities check the availability of all documentation and its compliance with standards and requirements. As a result, the developer will be issued either a building permit or justified refusal to extradite him(part 11 of article 51 of the Civil Code). In case of refusal, the developer can appeal it through the courts. If the permit was issued, then a description of the appearance of the future residential building is attached to it (part 16.1 of article 51 of the Civil Code). Within 3 days from the moment the permit was issued, government agency its issuer sends a copy of the permit to the authorities that have the authority to exercise state construction supervision (part 15 of article 51 of the Civil Code).

After the issuance of the document, the developer is obliged within 10 days to provide data on the construction object to the authorities that issued the permit. Such information includes the results of engineering surveys, project documentation or planning organization of the site (scheme) in which the place where the individual housing construction object is located (all in a copy of 1 copy), area, height and number of floors of a residential building (part 18 of Art. 51 GK).

When permission is not needed

Permission is not always required for construction on IZHS lands. In certain cases, the law is allowed not to receive it. These options include building:

• a garage on land that is provided to the owner for horticultural or summer cottages or for non-commercial purposes;
• kiosks, sheds and everything that is not an object of capital construction;
• structures/buildings of an auxiliary nature;
• boreholes or conducting overhaul an existing residential facility, provided that these changes do not affect its reliability, and all the norms of the legislation on its construction remain the same;
• in other cases provided for by law (part 17 of article 51).

Validity of building permit

A building permit is issued for the entire period specified in the project. In the case of individual construction of a residential building, the validity period is limited to 10 years. However, the developer can extend all these terms if he submits an appropriate application 60 days before their expiration. Local self-government bodies will be forced to refuse to extend if it turns out that construction has not begun over the past period (parts 19-20 of article 51 of the Civil Code).

If suddenly the right of ownership passes to another owner, the terms of the building permit will remain unchanged. However, by decision of the authorities that issued it, this document may be canceled if:

1. There is a forced termination of property rights or their withdrawal in favor of the state.
2. The owner has issued a waiver of ownership of the land.
3. The contract that assigned the right of ownership of the land to the developer was terminated.

The house was supposed to be built on a plot of land and for purposes intended for the use of its subsoil, but a ban was imposed on this activity (parts 21-21.1 of article 51 of the Civil Code).

The decision to terminate the permit is made by the authorized bodies within 30 days from the date of termination of ownership rights to the site (part 21.2 of article 51 of the Civil Code).

Construction can begin immediately after obtaining a permit. Part 1, 2 of Article 51 states that this document gives the right and basis for the implementation of such activities. After the completion of the construction process. This can be done by contacting the Rosreestr institution with the appropriate application and documents. The result of the registration will be the issue to the owner of a certificate of ownership of the house he built.

Rules governing the activities of developers, for last years reviewed several times. One of the innovations was the expansion of the rights of building associations, participation in which in itself acted as a license. At the same time, the procedure for issuing a construction permit has been preserved, according to which developer organizations receive the rights to implement their projects. As a rule, companies that plan the construction of a capital construction project have no problems obtaining such a permit.

Even at the stage of preparation for work, developers must have the entire list of technical documentation that allows them to carry out construction in agreement with the supervisory authorities and urban planning control. In turn, the permit becomes the final stage, at which the final check of the documents for the project is carried out.

Why do you need a building permit?

The right to carry out reconstruction and construction works is a document that indicates that the project declared by the recipient complies with the standards of the town planning plan. The presence of this document makes it possible to carry out construction work, as well as the restoration and repair of facilities. In addition, the issuance of a building permit can be carried out in cases where only partial works are planned. For example, if the developer undertakes only the construction of the foundation or the design of the facade.

Validity period of the permit

The document is provided to the developer in two copies and remains relevant for the time indicated in the reconstruction or construction project. If already in the course of work the rights to the site or building object are transferred to another owner, then a change in the term is not expected. Also, if necessary, the developer can apply for an extension of the right to build. In particular, the rules for issuing a building permit provide for the possibility of extending this period, provided that the application was submitted at least 2 months before the moment when the current document becomes invalid. An extension of the time for construction may be refused if the work has not been started by the time when the deadline for submitting an application for an increase in the time for project implementation expires.

Who issues the permit?

Local authorities have the right to provide the document. This means that the issuance of a building permit is carried out where the land plot or building object included in the developer's project is located. Exceptions are also provided, in accordance with which authorized representatives from the executive federal government and local representatives of municipalities and subjects of the Russian Federation can perform this function.

This exception applies if one organization plans to work with linear facilities or intends to build (reconstruct) in different subjects or municipal districts. That is, the management of issuing building permits requires the involvement of the authorities of the appropriate level, up to the federal one. The extension of the right to issue also applies in cases where reconstruction or construction is planned on the territory of an administrative facility.

To whom is a building permit issued?

Almost all development organizations and developers must receive a document allowing them to carry out their activities. From a legal point of view, applicants can be legal or individuals who are going to conduct construction work on their territory. In most cases, the issuance of a construction permit is carried out in relation to companies that are members of self-regulatory organizations. Participation in such associations, as a rule, facilitates the passage of such procedures. Actually, without membership in the SRO, reconstruction or construction is completely impossible - at least if we talk about capital facilities.

Documents for obtaining permission

When applying for a building permit, the developer must attach the following documents to it:

• Evidence confirming the rights to the site or building object.
• Site plan.
• Project documentation.
• Expert opinion of the technical documentation of the project.
• If an object is being reconstructed, the rights to which do not belong to the developer, then the consent of all the owners of the structure is required.

Abuse of power by urban planning authorities and illegal issuance of building permits mainly relate to ignoring property documents from third parties, when the rights of equity holders and other categories of real estate or land owners are violated.

The procedure for considering applications for a document

To obtain a permit for reconstruction or construction, you must send an application to the department in prescribed form and a list of the above documents. Usually, applications are accepted on business days, and the term for issuing a building permit is no more than 10 days. During this time, the committee checks the package of attached documents for compliance with the project and the requirements of the urban development plan. Also, experts evaluate how the project documentation corresponds to the cadastral scheme of the site, consider the architectural and planning solutions future construction or reconstruction parameters.

Regulations for issuing a permit

Depending on how the submitted documents comply with urban planning standards, the developer receives either a permit or a refusal with motivation in writing. It is important to note that the regulations for issuing a building permit also provide for the registration of the person submitting the application, so it is important to provide the appropriate certificate. If the application is submitted from a third party, then you can not do without a power of attorney from the developer, which was notarized.

In cases where a permit is issued for the construction of buildings, the department can send a copy of the document to the supervision services - depending on the characteristics of the future object, within three days a copy is sent to the technological, environmental or nuclear authority. Not later than 10 days from the date of issuance of the permit, the applicant must provide the department with data on engineering surveys on the site, information about the engineering and communication and technical parameters of the object.

Grounds for refusal to issue a permit

There are several common grounds on which even a developer who has a license and membership in a self-regulatory association may be denied the right to build or reconstruct. A building permit may not be issued due to the following factors:

• An incomplete list of documents that are sent along with the application.
• The planned object does not comply with urban planning standards in relation to a specific site plan.
• The implementation of the project violates the existing parameters of land surveying and land management.
• Data in project documents do not correspond to the characteristics of the object declared for construction or reconstruction.

There are also cases when developers do not submit plans to the committee that indicate the location of the future facility, the configuration of engineering networks and other parameters, which are taken into account by the rules for issuing permits for construction and reconstruction. In addition to the direct consideration of documents, representatives of the local urban planning control may also request access to the facility - refusal to do so may lead to a negative decision on the issuance of documents.

When is a building permit not required?

The need to develop rules for issuing building permits is due to the need for strict control of the urban development fund. In other words, together with organizations directly involved in the development and verification of technical documentation, the building permit department acts as another instance that screens out undesirable participants in this sector who are not able to ensure the proper quality of objects. This is the reason for careful checks for compliance with the project. technical requirements and local urban planning.

However, there is also a need for less critical structures that do not require strict technical verification and control. Such objects include garages, dacha facilities, auxiliary buildings, kiosks, suspended structures, etc. In addition, the issuance of a permit for construction and reconstruction is not expected if the developer plans to carry out repairs (including capital repairs) in buildings that do not belong to capital development objects.

But in capital construction it is not always necessary to obtain special permits. For example, if an organization plans to make adjustments and improvements to building elements that do not affect the design parameters, then approval from the urban planning department is not required.

One of the most essential conditions in the design documentation is the deadline for completion of construction work. In accordance with it, a permit is issued that has its own validity period. However, sometimes circumstances develop in such a way that it is impossible to complete them on the specified date.

Both for the first time and for the rest, in order to extend the validity of permits, you need to contact the architecture authority of your city. To do this, it is necessary to properly draw up a sample application indicating the reasons why the object cannot be completed on the date originally appointed.

Extension of a building permit for a house - grounds for extension

Article 51 of the Town Planning Code leaves the possibility for the developer to extend the official permit to work. The reasons for extending the permit to build a house under the Town Planning Code must be documented.

In order not to receive an automatic refusal, you must provide an act stating that the construction has been started. Next, specific reasons will be considered. If circumstances arise that do not depend on the developer, then according to the law they simply cannot be refused. But the law requires that these circumstances be confirmed. However, the lack of funding is not considered sufficient grounds to automatically renew the validity period.

How to apply for an extension of the building permit?

To obtain permission to continue construction work, it is recommended to contact a special body of architecture. Wherein Urban planning code leaves the possibility to extend the period of validity automatically for one and a half years and for another one and a half years - if an appropriate decision from local authorities follows.

To do this, submit a sample application to the architecture authority of your city. At the same time, if less than 60 days are left before the expiration of the permits, a refusal will be definitely received. In addition to the application, an extended package of documents must be submitted to this body.

Sample application for renewal of building permit

Today, the application form for renewal of a building permit is not mandatory, but some items in the sample form must be indicated:

• Where is the sample application sent?
• The maximum possible details of an individual or legal entity;
• Information about design and estimate documents;
• Data on the state contract and certificate of admission;
• Information about the person who is responsible for the performance of the work.

Traditionally, in the form of a sample application, the date of the issued permit document and its number are recorded, and a signature is also put.

Extension of a building permit under the urban planning code - a list of documents

In order to extend the permit for construction work at the facility, the Town Planning Code requires citizens to submit to the authorized body:

• Citizen's passport;
• Initial official construction papers;
• Act on the state of construction work.

A package of documents is attached to the main official paper - a sample application.

Regulations for the extension of the validity of a permit for the construction of a house according to the Town Planning Code

In the regions, the extension of a permit for the construction of an unfinished object may be carried out with certain differences.

First, the main provisions are prescribed, among which is the purpose of developing the regulation. It also records which body is providing the service, such as the city planning department. The composition, exact sequence of procedures and requirements are also mentioned in the text of the regulation.

Refusal to renew a building permit - what to do?

A waiver may be issued if the applicant has not collected full package object documents. If the sample application was received by the authorized body less than 60 days before the completion of construction work, then a refusal will also be received as a result. Also the basis for refusal is the fact that these works have not yet been started.

In case of refusal for any reason, you should apply to the court by filing a claim in the prescribed form. The Town Planning Code does not provide comprehensive information on this issue, therefore competent lawyers can turn the case in favor of the client.

Judicial practice in case of refusal to renew a building permit under the Town Planning Code

Judicial practice has established many interesting facts. For example, thanks to judicial practice FAS from the Far Eastern District, it became clear that changes in architectural projects should not be grounds for refusal.

In addition, in judicial practice it has been determined that only works that have not been started at all can be an exact reason for refusing an applicant. But the omission of deadlines in judicial practice is not considered a full-fledged reason for refusal.