Permit for construction of individual housing construction documents. Permission to build a house. How to obtain permission to build a private house

Permission to build a private house is mandatory. Permission to construction is issued only upon presentation of a list of required documents. If the list of documents is not complete or contains errors, the application will be rejected. The construction of a 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 permission to build a house, regulating the processes of constructing objects of any kind. According to the paragraphs, the document is mandatory; without it, the construction of a building will be illegal.

The permit is used to confirm that the construction process of the building was carried out in accordance with current legal and regulatory acts. The building constructed in this way will meet safety conditions and will not allow damage to nature and other infrastructure.

Who issues a building permit?

The municipal government, determined by the location of the land plot on which the development is planned, is designated as the responsible authority for the issuance. But the place where you can obtain a building permit may vary depending on the nuances:

• For the construction of a private house on your own individual housing construction site, permission is issued by local government authorities on issues of urban planning activities of the region in which the construction site is located.
• The body authorized to protect cultural heritage sites in a 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 will be used during construction work;
• "Roscosmos" - if a space infrastructure facility is being built;
• Federal Service for Environmental, Technological and Nuclear Supervision - if the facility is intended for work in the nuclear industry.

Obtaining permission to build a house

The entire procedure for obtaining a construction permit is regulated by Article 51 of the Civil Code of the Russian Federation. The first step in obtaining permission is to create a project, which should be developed by a professional. You can find a specialist in the relevant organizations, where they will prepare an individual project or present a ready-made 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 specifies cases when construction can take place without obtaining permission:

• in-channel connections;
• construction of a garage on non-commercial territory;
• construction of non-permanent structures;
• structures necessary for connection to utility networks.

Interesting fact! Non-permanent structures include lightweight structures that do not have deep foundations (gazebo, barn, cellar, well, and so on).

Obtaining permission to build individual housing construction

Obtaining a permit for the construction of individual housing construction is carried out according to the principle that applies to capital objects. There are differences in the package of documents collected and the place of application where the application must be submitted with the papers.

Registration of only one permanent house on the site is allowed. The construction of a guest house is permitted only if it belongs to an auxiliary facility, the construction of which does not require obtaining documentation. A similar rule applies to the construction of other non-capital facilities.

A house built using individual housing construction cannot have more than 3 floors. Always built for single family living. If the object exceeds the established limit, then the list of collected documents will change.

Minimum values ​​for an ILI house:

• 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! An individual housing construction project can only be built if the minimum distance from the house to the common area is taken into account. If the conditions are not met, the permit will not be issued.

Where to contact

To apply, you will need to submit an application to the nearest MFC. Registration of the application is carried out throughout the day. If development is carried out using subsoil or on the territory of a historical settlement, then additional paperwork will be required.

Accompanying documents

What documents are needed to obtain a building permit:

• application drawn up at the MFC;
• citizen's passport;
• confirmation of ownership rights to the land where construction will take place;
• project.

Title documents mean a certificate of state registration. If it is missing, then the replacement is the paper on the basis of which the territory was transferred into possession (sale and purchase agreement, will, gift).

Project papers are 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;
• expert opinion (a specialist is sent by government agencies);
• engineering and technical plan;
• explanatory note;
• dismantling, demolition project;
• construction project;
• permission for deviations from minor parameters;
• consent from the owner of the building for its reconstruction (if carried out);
• site layout diagram;
• planning organization diagram.

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 age – 3 years);
• description of the appearance of the object (required only for construction in historical settlements);
• planning organization of the site.

Receiving a refusal

After submitting the 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 increases 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 lack of attached documents, then it will be necessary to eliminate the shortcomings, and then re-submit the application to the place where the applicant was refused permission to build a private house.

Other reasons for rejecting an application described in the legislative act:

• the applicant is not the owner of the territory;
• construction is taking place in a specially protected area;
• the site is required by the state.

If the applicant believes that the decision to refuse was made illegally, then he will need to file a claim to be submitted to court. The document must include:

• addressee details;
• applicant details;
• data of the body whose decision is being appealed;
• explanation of the situation;
• a request to declare the decision made illegal;
• 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 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 your permit, you must apply before the last 60 days of the document's validity expire. The application is submitted to the authority that issued the permit. A request for an extension may be rejected due to failure to start work.

Consequences of building without permission

If housing construction is carried out without obtaining the appropriate permits, the constructed building will be considered illegal. The minimum consequences that may occur are a ban on connecting communications, the maximum is bringing to administrative responsibility. The latter case occurs if construction standards and rules were not taken into account during construction. Due to the impossibility of registering the building, it will not be possible to carry out any transactions with the constructed object (sale, rent, etc.).

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 handle the collection of documentation and other procedures, then the cost of obtaining permission to build a private house varies depending on various factors, but on average it costs from 15,000 to 50,000 rubles.

Is it necessary to obtain permission to build a private house? Article 9.5 of the Code of Administrative Offenses of the Russian Federation, which determines the punishment in the absence of this document, will answer:

Advantages and disadvantages of individual housing construction

The advantages of individual housing construction include the following nuances:

• You can register in the house, which will allow you to use social government institutions;
• there are programs from the state;
• construction of a house is allowed without unnecessary restrictions;
• property belongs only to its owner.

Interesting: How's the real estate? Step-by-step instructions and expert advice.

The disadvantages of individual housing construction are the following nuances:

• limited plot 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 amount will double.

A building permit is a document that allows the construction of a building to be legalized. Otherwise, the citizen may incur administrative liability for neglecting the law.

Obtaining a building permit is mandatory in all cases of constructing a private house. It is impossible to avoid the procedure for obtaining this document. Only such permission is the basis for starting work.

Otherwise, the house will be recognized as an unauthorized structure and will need to be demolished. In addition, this document is required to be submitted to a credit institution when receiving a mortgage loan for future construction. This document is issued by local authorities. At the same time, the procedure for obtaining it is quite simple.

The cost of obtaining permission to build a private house varies significantly and depends on several circumstances. However, based on an analysis of market practice, obtaining this document will cost the owner of the land plot the amount from 15,000 to 50,000 rubles.

At the same time, the document itself is inexpensive. To do this, you just need to pay a state fee of several thousand rubles (the amount is set by regional authorities). The main part of the costs is associated with the preparation of the documents that must be submitted to obtain such permission.

What documents are needed to obtain a permit?

When applying to the local administration, the applicant must submit originals and copies of the following documents:

• Certificates of registration of land ownership or a long-term lease agreement for the plot. Such documents are required; without them, issuing a permit is impossible.
• Project documentation. At the same time, in the case of the construction of a private house, the number of storeys of which does not exceed 3 levels, the project is not required. But appropriate documentation is still required.

We are talking about documents that will allow administration specialists to assess the safety of the future structure and its compliance with building codes and regulations. What is important is the number of floors, the location of the house relative to the boundaries of the land plot and neighboring buildings, as well as the material that will be used in future construction.

The preparation of such documents is carried out by professionals. And their services require corresponding expenses. Specialized firms charge according to established tariffs. As a rule, the cost of processing these documents is from 10,000 to 45,000 rubles.

It all depends on the complexity of the work. What matters is the area of ​​the house, its geometry, as well as the deadline for completing the order.

Land survey documents. They indicate the boundaries of the applicant’s land plot. With their help, the authorities will be able to ensure that construction will be carried out strictly within the boundaries of the applicant’s site.

If such documents are not available, they will have to be ordered. They are manufactured by private companies that have appropriate permission for this type of activity.

The price for preparing such documents is about 5000 rubles. But this is in the absence of disputes and difficulties. If there are any, then the cost of specialist work will increase several times.

The collected documents, together with a bank receipt for payment of the state fee, must be submitted to the local administration.

As a general rule, their consideration period takes one month. After this time. the applicant will receive the necessary permission.

What determines the price of obtaining a permit?

The cost of obtaining a document largely depends on the complexity and speed of the work. Obviously, if the documents are complex and need to be prepared in a short time, then you will have to pay extra for the services.

Also, the specifics of the region are of great importance. The authorities of each region independently set tariffs and duties. Therefore, in different regions, the costs of obtaining a building permit will vary and vary significantly.

Citizens who plan to build their own housing must obtain a building permit. The rules for obtaining it are specified in Article 51 of the Town Planning Code of the Russian Federation.

Permission to build an individual residential building

Permitting documentation for the construction of a private house:

• gives the owner the right to build a house on the site;
• approves the draft;
• confirms the fact of compliance with urban planning requirements.

If there is no permission, housing construction cannot begin. A cadastral passport will not be issued for a house built illegally. Commissioning is prohibited.

IMPORTANT! Coordination is also necessary for leased lands.

Current legislation provides for administrative liability for unauthorized construction. According to Art. 9.5. Code of Administrative Offenses The violator is subject to a fine of the following amounts:

• from 2,000 to 5,000 rub. – for owners;
• from 20,000 50,000 rub. – for officials;
• from 20,000 to 50,000 rub. – for individual entrepreneurs;
• from 500,000 to 1,000,000 rub. – for organizations.

IMPORTANT! For individual entrepreneurs and legal entities, instead of a fine, a suspension of activities for up to 90 days may be imposed.

When is it necessary to obtain a building permit?

The need to draw up a document is determined by the type of permitted use of the land and the type of building being erected.

For plots intended for individual housing construction, permission is required.

The Land Code provides for the possibility of changing the type of permitted use. The owner has the right to build a house after changing the VRI.

ADVICE! To clarify the type of permitted use of the plot, the owner receives an extract from the Unified State Register of Real Estate.

Who issues a building permit

State institutions have the right to issue permits:

• local government bodies;
• local or federal executive authorities.

You can submit an application by personally contacting a government agency or using the post office.

Documentation can also be submitted to the municipality by a citizen's representative. When using this method, an appropriate notarized power of attorney is required.

The procedure for obtaining permission to build a house

To officially begin construction work, the owner must follow a certain algorithm:

1. Complete an application and collect a package of documents.
2. Conduct a topographic survey of the site and surrounding areas.
3. Prepare and approve a house project.
4. Get permission.

ADVICE! If a topographic survey was previously carried out on the site, its results can be obtained in the form of an extract from the urban planning plan.

Package of documents for issuing a permit

Before contacting the administration, you need to collect the following package of documents:

• statement;
• land title document;
• cadastral passport of the plot;
• house project;
• confirmation from the state examination of compliance with the requirements of SNiP (for buildings with a height of more than three floors);
• property owner's passport.

The application is drawn up in free form. Its contents include the following information:

• Full name and position of the person to whom the document is sent;
• personal information of the applicant (full name, registration and residence address, contact telephone number);
• request for a permit indicating the address of the site;
• date of compilation;
• applicant's signature;
• list of attached documentation;
• selection of the institution that will issue the decision (administration or MFC).

What requires approval

The project of the future house must be approved:

• in the fire safety service;
• in sanitary inspection;
• when electrifying a home - at an energy sales company;
• for gasification - in the gas safety service;
• when carrying out water supply - in a water utility.

ATTENTION! If, after approval from the administration, adjustments are made to the project, the permit is canceled.

Simplified and regular receipt procedure

If a citizen plans to build housing with a height of less than three floors, he has the right to use a simplified option for obtaining a permit. The owner submits an application to the administration, but with fewer documents:

• passport;
• title certificate;
• with a display of the future home.

IMPORTANT! Before starting construction, you need to register the house in a simplified manner. You can complete full registration later.

In what cases is permission not required?

There are cases when the owner has the right to build on a plot without the approval of the municipality. For example, permission to build a bathhouse on an individual housing construction plot is not required. It is also not needed during construction:

• garage;
• country house;
• non-capital facility (pavilions, kiosks, etc.).

Administration approval is not required for repairs or if this does not lead to major structural changes.

Reasons for refusing to issue a building permit

An application may be refused in the following cases:

• an incomplete or incorrect package of documents was provided;
• the information provided is not true;
• unauthorized construction.

A response to obtaining a permit for the construction of individual housing construction is prepared within 14 working days from the date of filing the application. If the documentation was sent by mail, the waiting time will increase.