Where to get a building permit. How to get a building permit (izhs). Consequences of building without a permit

“On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation”, which, among other things, made changes to the field of individual housing construction (hereinafter referred to as IZHS).

What is the essence of the new law?

The new procedure significantly simplifies the procedure for the construction of individual housing construction. Now it is not required to obtain a building permit and entry permit. Instead of permits, a notification procedure for the beginning and completion of the construction of an individual housing construction facility and garden houses is introduced. Uniform requirements for IZHS objects have been established. The procedure for obtaining rights to constructed objects has been simplified.

Why were the amendments made?

The amendments are intended to streamline IZHS. They establish uniform requirements for the construction of residential buildings on land plots provided for the purpose of individual housing construction, for maintaining personal subsidiary plots within the boundaries of a settlement, as well as for the construction of residential and garden houses on garden land plots. The maximum building parameters are limited. This change is due to the absence in the legislation, and often in the rules of land use and development, of restrictions on the parameters of such development, which in practice leads to numerous violations, including in terms of the construction of apartment buildings on such land plots. In addition, the mechanism for the implementation of state construction supervision during the construction of individual housing construction facilities has been specified.

What is now understood by IZHS?

In accordance with the amendments made to the Town Planning Code of the Russian Federation, an IZHS object is understood to be a stand-alone building (residential buildings, individual residential buildings), which consists of rooms and premises for auxiliary use, designed to meet citizens' domestic and other needs related to their living in such a building .

What are the requirements for IZHS objects?

The amendments define the maximum parameters: the number of overground floors - no more than 3; height - no more than 20 meters. It must be a separate building, not intended to be divided into independent real estate objects. This approach will solve the problem of building apartment buildings under the guise of IZHS objects.

No more building permits?

No, don't. During the construction or reconstruction of IZHS facilities, instead of obtaining a construction permit, developers are required to send notifications of planned construction or reconstruction.

To do this, you need to contact the authorized body (usually the local administration) by registered mail, in person, through the MFC or the public services portal.

Do I need to attach any documents to the notification?

Yes, together with the notification of the planned construction, for example, title documents for the land plot should be sent (if the rights to it are not registered in the USRN).

At the same time, it was established that title documents for a land plot can be requested in the order of interdepartmental interaction.

Do you need project documentation?

No, during the construction, reconstruction of individual housing construction projects, the preparation of project documentation is not required (such documentation can be prepared at the initiative of the developer).

Can I build immediately after notification?

Not really, you need to wait for a notification from the local administration about the compliance or non-compliance of the individual housing construction (garden house) with the established parameters and the admissibility (inadmissibility) of its placement on the land plot. Local authorities within 7 days check the parameters of future construction (first of all, whether the construction corresponds to the type of permitted use of the land plot and its territorial zone in accordance with local development rules) and send their notification to the applicant. After that, the developer has the legal right to start construction. The notice is valid for 10 years.

Can they stop building?

Yes, the local administration can send a notice about the discrepancy between the parameters specified in the notice of the planned construction and (or) the inadmissibility of placing a house on this land plot. It is impossible to start construction in such a situation. There are cases when local authorities send such a notification, for example, the parameters of the building being built contradict the established ones, or it is impossible in principle to build housing or a garden house on this land.

What to do if there is no response from government agencies?

If the developer has not received any response letter and notification from the authorized bodies, then this gives the right to carry out construction in accordance with the parameters specified by him.

Do I need to obtain a commissioning permit after construction is completed?

No, the norms of the law provide for the obligation of the developer, within one month after the completion of the construction or reconstruction of the IZHS facility, to submit a notification to the authorized body about the completion of the construction of the house. Based on the results of checking such a notification, the authorized body will decide on the compliance (non-compliance) of the constructed (reconstructed) facility with the established requirements. The notification must be accompanied by a technical plan for the house and a receipt for payment of the state duty for registering the ownership of the house.

What are the formats for notifications?

At the moment, notification forms have not been approved, but they will appear in the near future (the Ministry of Construction of Russia has already prepared a draft of the relevant notifications). Before they appear, you can send the above notifications in writing in compliance with the requirements for the content and composition of the attached documents established by Art. 51.1 of the Town Planning Code of the Russian Federation.

What else important did Law 340-FZ bring?

The obligation of state authorities or local self-government bodies is introduced to send, upon completion of the construction of an individual housing construction or a garden house, an application for state cadastral registration and state registration of rights to the erected object to the registration authority. The necessary documents are attached to this application, including a notice of completion of construction and a technical plan of the IZHS facility submitted by the developer.

Is there construction control?

Yes, the amendments define the features of control over the construction of IZHS facilities. Thus, in order to control compliance with construction parameters, it is possible to conduct inspections in case of receipt of information about violations of the limiting parameters of permitted construction. 23414

In early August, a law came into force on changing the rules for the construction and registration of objects on plots for gardening, dacha farming, as well as individual housing construction. “In accordance with the Federal Law “On Amendments to the Town Planning Code of the Russian Federation and Certain Legislative Acts of the Russian Federation” dated July 3, 2016 No. 372-FZ, the procedure for constructing an individual housing construction facility or a garden house in the Moscow Region has been simplified”,- said the Minister of the construction complex of the Moscow region Ruslan Tagiev.

A permit for the construction of a private house and commissioning is no longer required. In order to build an IZHS facility on its land plot, a citizen (developer) must send a notification to the local administration about the planned construction or reconstruction of the facility.(A recommended form of the Notice is available in the attachment.)Supporting documents must also be attached to the notification, namely:

1) a document confirming the authority of the representative of the developer, if the notification of the planned construction is sent by the representative of the developer;

2) a certified translation into Russian of documents on state registration of a legal entity in accordance with the legislation of a foreign state if the developer is a foreign legal entity;

3) a description of the external appearance of an individual housing construction object or a garden house if the construction or reconstruction of an individual housing construction object or a garden house is planned within the boundaries of the territory of a historical settlement of federal or regional significance, except for the case provided for by Part 5 of Article 51.1. Town-planning code of the Russian Federation. The description of the external appearance of an object of individual housing construction or a garden house includes a description in text form and a graphic description. A description of the external appearance of an individual housing construction object or garden house in text form includes an indication of the parameters of the individual housing construction object or garden house, the color scheme of their appearance, building materials planned for use that determine the external appearance of the individual housing construction object or garden house, as well as a description of other characteristics of an object of individual housing construction or a garden house, the requirements for which are established by the urban planning regulations as requirements for architectural solutions for a capital construction object. The graphic description is an image of the external appearance of the individual housing construction object or garden house, including the facades and configuration of the individual housing construction object or garden house.

4) title documents for a land plot if the rights to it are not registered in the Unified State Register of Real Estate

The provision of the Public Service to the Applicant (representative of the Applicant) is carried out by the Administration within a period not exceeding 7 working days. However, it should be noted that if the construction or reconstruction of an object of individual housing construction or a garden house is planned within the boundaries of the territory of a historical settlement of federal or regional significance and the notification of the planned construction does not contain an indication of a typical architectural solution, in accordance with which the construction or reconstruction of such an object is planned individual housing construction or a garden house, then the term for the provision of the Public Service will be no more than 20 working days.

Upon completion of construction, the citizen also sends a notification to the administration, to which he attaches a receipt for the payment of the fee for registering property rights, a technical plan of the new facility (compiled by a cadastral engineer based on a declaration completed by the developer).Administration also has 7 business days to approve.

If you are going to build a house on your plot of land, then, first of all, you should understand the intricacies of the legislation. In the past, the very first step was to obtain a building permit. This is an important document, without which the owner could be held liable for unauthorized construction, receive a serious fine and even lose the building.

In recent years, the requirements of the law regarding the issuance of building permits have changed several times. One thing remained the main thing - if the house is being built arbitrarily, it will be more difficult to put it on the cadastral register and formalize the ownership. It turned out that the building permit was a certain guarantee of observance of property rights.

After Federal Law No. 340 officially came into force in August 2018, for some categories of owners no longer need to obtain a building permit.

This applies to owners of plots for individual construction (IZHS), summer cottages and garden plots and personal subsidiary plots.

New rules are provided for them - according to the new law, they must submit to the local administration a notification of the planned construction, and then a notification of its completion.

If work is performed, after which the characteristics of the house will change, then a notification is given about the change in the parameters of construction or reconstruction.

To submit a notification from the owner, personal data, the address of the site, the document of title to the site, the cadastral extract, indicate the type of permitted use and characteristics of the house are required. All these changes were made with the expectation that building your own house would become a little easier in terms of paperwork.

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Obtaining a building permit

Despite the fact that exemptions have been introduced for individual construction, in a number of cases it is still required to obtain a building permit from local authorities. This applies to the construction or reconstruction of the following capital construction projects:

Apartment buildings and high-rise buildings;

Blocked residential buildings for two or more owners;

Townhouses;

Any commercial property (even if it is a small store);

Warehouse not intended for personal use.

The facility must be safe and not cause harm to people or the environment, comply with urban planning standards and the permitted type of use of the territory, and be built taking into account various restrictions. The construction of such facilities is always carried out strictly in accordance with established regulations. It is better to trust the development of the project and engineering documentation and the collection of the necessary papers to specialized organizations with extensive experience.

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A letter of thanks from LLC "ElectroSet"

LLC "ElectroSet" expresses its gratitude to the employees of LLC "Versta" for the performance of work under contract No. 87 of 01.02.2019.
Versta LLC has established itself as an organization providing services in the field of cadastral activities and design at a high level and with a responsible approach to business. The work was done with high quality, without any complaints or comments from the customer.

Sincerely yours, General Director of ElektroSet LLC A.P. Sakhnov

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LLC "MAK-Logistic" expresses its gratitude to the employees of LLC "Versta" for the professional performance of geodetic works. For several years, the cooperation of our companies has been very successful and fruitful.
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We wish Versta LLC further professional growth and great success!

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Dear Denis Aleksandrovich! Limited Liability Company "Economic and Legal Consulting" expresses its gratitude to the entire staff of Versta LLC for the prompt and high-quality solution of the tasks set. As part of the agreement between our companies No. 119 dated February 6, 2019, a set of works was carried out to prepare conclusions on the actual location of real estate objects within the boundaries of land plots. Employees of OOO "Versta" approached the matter responsibly and showed themselves to be excellent specialists.
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It is possible to start building a house in 2019 only with the permission of the authorities. Article 51 in the Town Planning Code describes in great detail all the details of design, the beginning of construction, and much more.

Of course, few people have time to analyze the amendments from the Federal Laws, so we will try to explain the process of obtaining a building permit for the construction of a house, dacha or cottage in a simpler way.

It is important to know that a permit is required on land, both related and non-detached. Also, "" simplifies the construction of a house for living. But more on that later.

What is a permit for?

It is often said that you can put your house into operation without a building permit at all, but what to do if it is connected to communications - this is already a problem ...

During the construction process, financial difficulties can arise, and often drawdowns in the budget can only be compensated for by a bank loan. But any bank has the right to require a building permit in a set of documents.

For the information of summer residents, gasification of a summer cottage is impossible without permission, and this is at least unpleasant.

Collection of documents

It is most convenient to submit documents for consideration at the MFC (multifunctional center).

You need to provide the following papers:

1. Document of ownership of the site;
2. Town-planning plan for the site;
3. Passport of the citizen submitting the documents;
4. Official power of attorney (if the representative of the owner works according to the documents);
5. Design documents. Namely: an explanatory note, papers on engineering networks, a plan for the location of buildings, objects for demolition during capital construction, and so on.
6. Confirmation of the legality of documents issued by a non-state company.

Consideration, decision and issuance of permission is not subject to payment! You don't need to pay a fee.

Simplified and regular authorization procedure

Obtaining a building permit no more than three floors carried out under a simplified procedure. You only need to provide three documents:

1. Site plan (urban planning);
2. Scheme for the organization and placement of an object related to capital construction;

In a simplified version, the site must be registered. This is the most important point. The issuing authorities can independently request a scheme and a town-planning plan from the relevant authorities.

The usual procedure for obtaining documentation includes the entire set of documents indicated earlier. Additionally, they may require:

1. various types of expertise;
2. permits for deviations from the legal parameters of future construction;
3. With several copyright holders, their written consent will be asked;

According to the Civil Code of the Russian Federation, it is impossible to provide other documents for obtaining permission. The entire legal spectrum on this issue is indicated in parts 7 and 9 of Article 51.

Important features of the issuance process

The issued permit is limited in duration. Legally, it's 10 years.. If the construction process has not started during this period, then the permit is reset to zero. Collecting documents and re-obtaining permission is an inevitable outcome.

Often, the authorities issuing this permit require a certificate of the absence of debts or claims on the land plot where the construction of housing is planned.

Even with permission in hand, you need to in 10 days provide the local urban planning department with project documentation. Its approximate composition was described earlier in the set of documents for the MFC.

Issued permits for legal entities and individuals before the entry into force of the Town Planning Code cannot be recognized as valid.

Help organizations to assist in obtaining

A good and convenient option for this documentary red tape may be the involvement of special companies that focus on obtaining various documents.

Such companies will save your time and nerves by taking the authority to collect information, provide documentation to all authorities.

The average price for the services of such companies in the region starts from 20 000 rubles. Capital organizations will ask from 100 thousand and above. In general, the process of calculating the services of escort organizations is individual. The more experienced the company, the better the service, however, the price also depends on this factor.

There are also counseling centers. Quite popular for Moscow and the Moscow region. These organizations provide paid consultations, assistance in filling out certificates, forms and plans.

The Civil Code has an article at number 222. If you comply with it, then private residential buildings, summer cottages and cottages built without the required building permit belong to. Simply put, you may be deprived of the rights to a house, cottage or cottage. Moreover, the authorities have the right to force the demolition of an illegal building, and even for your money.

Why is there a demand for escort services?

In the process of obtaining everything is not so fast. But that's more! By law, private housing must be built with high standards. It is necessary to prove or justify the future residence of the whole family in it. For example, they may complain about:

• The footage of the house.
• Building density.
• Plot size.
• Communications in the neighborhood or water protection zone.
• The reserve is within walking distance from the future home or the natural and historical landscape.

What else is possible in practice

When building a residential building, summer house or cottage, it is better to take care of the documents in advance. Here are some real moments that can cause inconvenience.

• Often the old quarter with the private sector is bought out by the developer company. Its representatives know in advance everything about each house and try to contrive to provoke the sale of houses for next to nothing. And with a building permit, encroachment is not possible from the legal side.
• Unfriendly neighbors can find out about the illegal construction of a residential building and also go to the trick, calling all kinds of city services. Who needs it? It is better to build everything according to the law.
• houses, dachas or residential cottages without a building permit are much lower. When selling, disappointment may arise, and insurance is not issued for real estate without a complete set of documents.
• With a lack of finance, the construction is usually frozen. But with permission, this is already part of a residential building, and without it, it’s just land and building materials.

Penalties for not having a permit

It is forbidden at the administrative level to carry out any construction work where it was definitely necessary to obtain a preliminary permit. Article 9.5 of the Code of Administrative Offenses says about violations, namely:

• Violated the order of construction;
• Illegal reconstruction activities;
• Illegal overhaul of an object under capital construction;
• Commissioning of an object under capital construction;

According to federal law No. 243-F3, neither the reconstruction nor the construction of houses, cottages and summer cottages can be carried out if it was necessary to obtain permits for this.

List of fines for these violations:

• The punishment for individuals is a fine from 2,000 to 5,000 rubles.
• Officials will pay 20,000 - 25,000 rubles.
• Entrepreneurs without legal persons - 20,000 - 50,000 rubles. If there is no payment, then legally the activity is suspended for 90 days.
• Legal organizations - a fine in the amount of 500,000 to 1 million rubles. If there is no payment, then legally the activity is suspended for 90 days.

It is impossible to circumvent legal requirements, because it was invented and developed for safety in IZHS. Further provision of communications to an illegal building is a complex and lengthy process, which may also be accompanied by a violation of the law.

Having received a refusal, you should not go on the principle and engage in construction "in the black." It is better to seek a court decision or pay for documentation support services in a good company.

To comply with the interests of each citizen, and society as a whole, it is necessary to comply with the laws.

How to get permission - legal advice on video

Since 2015, obtaining a permit has become necessary. In the video, an experienced specialist Vladimir Lygin tells how to issue a permit.