Obtaining a building permit for a private house. What documents are needed for the construction of a private house - advice from a practicing lawyer. How to get a building permit for the old model

Individual capital construction is actively developing, many people want to build a house for their family that will fully meet the idea of ​​​​comfort, coziness, and safety. For the construction of a private house, plots are bought in the suburbs or at some distance from the city, depending on the desire.

But with the purchase of land, all issues of building a house are not resolved, they are just beginning. In order to buy materials and sign a contract with the construction team, you must first obtain a building permit.

Many site owners miss this moment, believing that they can carry out any activity on their territory. Such confidence is erroneous, it can lead to the fact of illegal construction.

It is necessary to obtain permits in order for the construction work to be legal, subsequently the house could be registered, registered in it. The list of such documents includes several items, so preparing for the construction of the desired house will take some time.

Many of the owners of plots under individual housing construction do not know what documents are required to obtain a building permit, where the permit itself is issued, where to apply. The information will be useful to anyone who plans to purchase land for new housing.

Permits allow you to legitimize the rights to a private house. In case of unauthorized construction work, you can get an order to demolish the building.

Need

The issuance of a permit for the construction of an individual residential building is regulated by Article 51 of the Town Planning Code.

ATTENTION! A permit is a document by which the regulatory authorities confirm that the project, site plan complies with the requirements of the Urban Planning Code.

It can be obtained from the local authorities. In some cases, you will need to contact other authorities:

• When it is planned to build on a site of historical value.
• If the facility has a source of energy powered by nuclear fuel.
• In the case of the construction of an object related to the space sphere.
• When used in the construction process of the lower layer of the earth's crust.

In such cases, it will also be necessary to contact the authorities that are related to certain features of the future construction.

It is the receipt of permits that will begin the process of building new housing. Such documents confirm that the design documentation meets construction standards and urban planning. With permission in hand, you can start the first stages of development without fear of inspections, questions from regulatory authorities.

Without permission, you can build buildings on sites that are issued for summer cottages, gardening, gardening. It is also possible to build a garage without this document, which will be used only for personal, non-commercial purposes. The necessary approval for construction work is issued after the State Expertise.

ATTENTION! Permits are of great importance. Each construction site must be safe and comply with building codes. It should not pose a threat to the environment, life and health of people.

When agreeing on a construction project, the inspecting authorities clarify how the project meets the standards of the construction and urban planning code, the requirements of the sanitary and epidemiological service, fire safety rules, and technical supervision standards. In case of errors in the project, deviations from the required standards, a permit for construction work will not be obtained.

Documentation

The Town Planning Code specifies the list of documents required to obtain a building permit for a particular building. The list is large, the collection of papers will take time, so preparations for construction should begin in advance. The list will be different for developers and individual construction:

1. You will need a project for the construction of the facility. It should be ordered only from specialists. You can choose ready-made if the company is engaged in this type of activity.
2. Application for a permit.
3. Explanatory note.
4. It is also necessary to provide a site plan that complies with urban planning standards. On it you need to indicate the location of the object, approaches to it, entrances.
5. Scheme of the organization of site planning. It must confirm the location of the construction site within those red lines that are established by the territory planning documents.
6. Scheme with the display of architectural solutions.
7. Project documentation relating to the organization of the construction process.
8. Plan for engineering networks, equipment. It should indicate the points of connection of the object under construction to centralized networks.
9. Conclusion of the State Examination of project documents.
10. Permissive document for possible deviations from the boundary parameters of permitted construction works.
11. If this is a reconstruction, you need to submit an agreement with the copyright holders of the object, which is associated with the reconstruction work.

It is much easier to collect documents for individual construction, which involves the construction of a building of no more than 3 floors, for one family. In this case, you need to provide:

• Legal documents for land.
• Site plan.
• A layout organization scheme that will indicate the location of the house.

The town planning plan for the site can be taken from the local administration.

Simplified and complex procedure

The permit is issued in several versions and depends on the type of building, the complexity of the project, the number of floors, for example. If the construction process will be carried out in several stages, each requires its own permits.

Light scheme

If the building will not have more than two floors, in total its area will not exceed 300 square meters, approval for the work is issued according to a simplified procedure.

Most often it is used in the construction of cottages, cottages, country houses. And also, according to a simplified procedure, a package of documents is issued with a permit for the construction of agricultural buildings.

What do you need to get approved in this case?

1. We need a sketch of the future project.
2. A special building permit is required.
3. Information about upcoming construction works is submitted to the Inspectorate.

Permission for the construction of apartment buildings

The construction of spacious shopping and entertainment centers, multi-apartment buildings with more than 10 storeys will require a more complex procedure for issuing the necessary approvals.

What papers are needed in this case?

• It is necessary to carry out the design of urban planning.
• Certain restrictions and conditions of construction should be obtained.
• You will need a complete composition of the project for building a house, its assessment.
• A contract for architectural supervision must be drawn up.
• A package of documents notifying the start of the construction process is submitted to the administration

The list of documents may include additional items, it depends on the features of the future building, its design, location. For carrying out the Urban Planning Expertise, it is also necessary to apply to the local authorities. But the examination should be carried out after all other documents are collected.

IMPORTANT! If the local administration is in no hurry to appoint expert work in order to obtain paper, you can order such a service from a private company with a corresponding line of business.

But the performer must be accredited for such work. The building permit obtained is only valid for 10 years.

When Not Required

Permits are not needed in the case of construction of auxiliary facilities. Also during the construction or reconstruction of real estate that is not related to capital objects. For example, when building a kiosk.

It is possible to build a garage for personal use without permits.

Another type of work without approval is the change of capital objects without affecting the structure. Such work should not endanger the integrity of the building.

Reasons for refusal

Before buying a plot for construction, including individual housing construction, you need to know exactly its category and type of permitted use. Perhaps the land is not initially suitable for this purpose, a building permit will not be obtained.

Local governments will also give a negative answer if not all documents are collected, if the project and other technical documentation do not meet construction and other standards. The reason for the refusal must be known to the applicant.

If the applicant believes that he was denied unreasonably, he may appeal the decision in court.

Types of punishment for breaking the law

There is a list of objects, the construction of which can be carried out without approval. But in other cases, it is necessary to comply with the requirements of the Urban Planning Code. Any real estate object cannot be hidden, sooner or later the local administration and regulatory authorities will know about the erected building.

ATTENTION! Each new construction object can become a threat to the environment, the sanitary state of the area, and represent safety for people.

Therefore, the construction project and other points must be carefully checked. Construction without a permit will be punished with a fine. In some cases, the court may decide to demolish the erected building.

For IZHS, a building permit is one of the most necessary documents. Moreover, without a building permit, an individual housing construction may simply be in jeopardy, because without it it is impossible, for example, to take a loan for construction and many others. others

Obtaining a building permit for IZHS

Any owner of the site sooner or later thinks about how to build his own house or other object of individual housing construction.

Of course, when making such a decision, the type of permitted use of the land, the area and location of the allotment are taken into account. Do not listen to those who say that building permits are not required! Without it, it will not be possible to register ownership of the house, put it into operation, and connect to utility networks.

The main regulatory legal act in the field of individual housing construction is the Urban Planning Code - it is on its norms that one should be guided in the issue of obtaining a building permit.

A building permit for individual housing construction is a paper that confirms that the design documentation for the building complies with the site plan (site planning project) and the land surveying project (if a linear facility is being built or reconstructed). This document officially authorizes the developer to carry out construction and reconstruction work with the facility.

Where can I get a building permit for a private house?

So, which authorities issue building permits?

• as a general rule - by the local government of the district in which the land plot is located;
• if works are carried out that are related to the use of subsoil, - by the Ministry of Natural Resources and Ecology of the Russian Federation and its territorial bodies, etc.

A complete list of bodies is listed in the article of the Urban Planning Code. Of course, with individual housing construction, such situations are unlikely to arise, but it is better to know about this in advance.

Obtaining a building permit is required, including:

• if you plan to take a loan from a bank for construction, then permission may be required among the supporting documents;
• if construction is taking place on a summer cottage, then to connect gas, for example, you will also need a building permit.

How is permit documentation for the construction of a private house issued, how much does a permit cost

Submission of documents for obtaining a building permit is possible upon direct application of the applicant to the relevant authority, through a representative and through the MFC.

First of all, you need to collect the following package of documents:

• title document for the site;
• town-planning plan of the site;
• an identity document of the applicant;
• power of attorney (if the submission is made through a representative);
• design documentation (including an explanatory note, information about engineering networks, a plan for the location of buildings, a plan for the demolition of capital construction objects on the site, etc.);
• a positive opinion on the project documentation of the capital construction object (if it is subject to expert examination);
• if the conclusion on the project documentation was issued by a non-governmental body, then it is necessary to submit documents confirming the right of the legal entity to carry out such examinations.

Here it is worth making a small reservation about the project documentation. It is legally stipulated that the preparation of project documentation is optional if we are talking about an object of individual housing construction - a detached house no higher than 3 floors, which is intended for one family. In this case, the developer may, at his own discretion, collect project documentation and submit it to the building permit issuing authority.

After the application and all the necessary documents are submitted to the authorized body, it, in turn, checks the submitted documents within 10 days and verifies the project documentation of the land plot with the requirements of the urban development plan.

As a result, the body can take one of the following decisions:

• refuse to issue a building permit;
• issue a building permit.

The issuance of a permit is free of charge. In this case, you do not need to pay state duty!

Don't know your rights?

The refusal can be appealed by the applicant through the court.

A permit for individual housing construction is issued for a period of 10 years. After obtaining the permit, the developer must, within 10 days, submit to the authority that issued the permit, documentation on engineering surveys, number of storeys, area of ​​the facility, etc.

When a building permit is not required

The legislator also provided for cases where a permit for individual housing construction is not required, for example:

1. Construction of a garage, if the site is provided to the owner not for entrepreneurial activities.
2. Construction of structures that are not capital construction objects (for example, a kiosk, a pavilion, etc.).
3. Construction of a structure for auxiliary use.
4. Modification of construction objects or their parts, if this does not lead to significant changes.
5. Other cases provided by law.

Registration of ownership of the objects of individual housing construction.

The body responsible for registering the ownership of IZHS objects is the territorial department of Rosreestr.

What documents are required for registration?

1. If the right to a land plot is registered and there is information about it in the USRN, you will need:

• application for registration of rights;
• applicant's passport;
• document on payment of state duty;
• cadastral passport of the property (see "How to get a cadastral map and land plot plan online?").

• statement;
• cadastral passport of the object;
• applicant's passport;
• document confirming the payment of the state fee;
• power of attorney for a representative;
• title document for the land;
• a document that confirms the location of the IZHS facility within this site.

The term for consideration of documents is 7 working days.

The result of the review of documents:

1. Issuance of an extract from the USRN confirming the registration of ownership of the IZHS object.
2. Issuance of a similar document on the ownership of the land (if it is not registered).
3. If the right of ownership to a land plot is registered, but information about it is not available in the state real estate cadastre, then a decision can be made to suspend registration or refuse.

Termination of a building permit

As noted earlier, a building permit is issued for the duration of the entire construction and can be extended by decision of the authority. In the case of IZHS, the permit is issued for 10 years.

At the same time, the Town Planning Code provides for circumstances upon the occurrence of which a building permit ceases to be valid:

1. If the ownership of a land plot was forcibly terminated, including by withdrawing a land plot for the needs of the state.
2. Renunciation of the owner's right to the land.
3. Termination of contracts on the basis of which a citizen has the right to a land plot.
4. Termination of the right to use subsoil, if it is necessary for further construction.

Within 30 days from the date of termination of the rights to the site, the authority that issued the building permit makes a decision to revoke the permit. Such a decision may be made on the basis of:

• notifying the appropriate authority that the owner of the site has terminated all rights to use this site;
• notification of the authorized body that the right to use subsoil has been terminated.

In the order of interagency cooperation, the authorities responsible for issuing a permit notify the territorial bodies of Rosreestr that the citizen's right to a land plot has ceased.

The nuances of obtaining a permit for the construction of a private house

In practice, there are situations when, during construction, the right to a land plot passes to another person. How, in this case, to be with a building permit and is it worth reissuing it?

Building permits do not need to be reissued! When the right to a land plot or a capital construction object is transferred, it retains its effect. That is, if the permit does not expire, then it simply passes to the new owner.

If the land plot on which the construction is being carried out is subject to division, consolidation or allocation, then the construction of facilities can be continued in accordance with the existing permit - but in this case, a new urban development plan for the site is required.

It was said above that there is no need to obtain a building permit for those who build objects on their site that are not related to capital construction. Hearing this, often some enterprising owners build a store without obtaining permission, but later it turns out that this is nothing more than a capital construction project. What does the court do in such a case? Makes a decision on the dismantling of the object as an illegal construction.

There are other cases unpleasant for the owners of new buildings in judicial practice on this issue.

The administration of the *** district filed a claim against I., indicating that he owns a plot belonging to the lands of settlements, with permitted use for individual housing construction. A 3-storey residential building with an area of ​​1440 sq. m. According to the administration, this building does not meet the intended purpose of the site and is subject to demolition. During the trial, it was found that the building really has a sign of multi-apartment and allows for the separate residence of several families. As a result, the court satisfied the stated requirements and recognized the building as subject to demolition.

Sometimes this is revealed at the initial stages of construction, even before the building is put into operation. Also, during the inspection, to which the relevant authorities are authorized, it may be revealed that the construction is carried out without permits. In this case, the owner of the site is issued an order to eliminate the shortcomings, and construction is suspended.

Pros and cons of individual housing construction as a type of permitted use of a land plot

Owners of plots intended for individual housing construction have a number of advantages:

1. This type of land can participate in various government construction support programs.
2. The owner of the site will not depend on other owners (if the ownership of the site is not common).
3. On such a plot, you can build a house for housing with absolutely no restrictions and unnecessary trouble on the issue of transferring land to another category.
4. The owner of the site can be registered on this site and use all the services of social institutions (hospitals, schools, etc.).

But not everything is as simple as it seems at first glance. An individual residential building is a detached house with a height of no more than 3 floors, intended for the residence of no more than one family, and the construction of mixed-rise houses and townhouses on the site is not allowed.

Conclusion

Of course, the process of obtaining a building permit takes a long time and requires certain costs, but without this document, problems may arise during the further commissioning of housing. That is why it is better to take care of permits in advance to ensure that all unpleasant moments are prevented in the future.

Until August 3, 2018, and in accordance with the requirements of Article 51 of the Town Planning Code, a permit was required to start construction, which is designed to record the fact that the project for the construction of a residential building complies with the plans for using the site in this settlement or its structural part. Also recognized are permits issued before the entry into force of the Civil Code of the Russian Federation (clause 3 of article 8 of the Federal Law of December 29, 2004 N 191-FZ).

Obtaining a building permit took 10 days and required financial and time costs for the preparation of the following documents:

1. Project for the construction of a house or its reconstruction;
2. The act of examination of the compliance of the project with the town-planning plan;
3. General building plan on a scale of 1:500 indicating the axes of buildings;
4. to a land plot or a certificate of ownership, or a lease agreement.

However, according to the new article 51.1 of the Civil Code of the Russian Federation, from August 3, 2018, the notification procedure began to operate and it is no longer necessary to obtain a construction permit.

The notification procedure was introduced in order to reduce the time for consideration of applications and increase the pace of construction. However, the term for issuing permits has also been reduced for those objects that do not fall under this procedure. These include especially dangerous, complex and unique structures. As a rule, residential buildings are not.

The expediency of introducing a notification procedure is disputed by experts. The main arguments: the increase in residential buildings that do not meet safety standards, as well as the use of land for other purposes. New problems, of course, can be solved with the help of state control bodies, but they also create an additional burden on the regulatory body. In general, a vicious circle.

It turns out that the notification of the planned construction or reconstruction of the IZHS facility is a variant of contractual relations, when one of the parties assumes the responsibility for the construction of the building in accordance with the submitted documents, and the other gives permission for this and monitors the compliance of the developer's actions with the declared documents.

What documents are needed to start building a house in 2020

To legally start building a residential building, you need:

1. Notification of the start of construction (we will consider the procedure for obtaining it below);
2. An extract from the USRN for a land plot, in which the applicant is indicated as the owner or tenant. You can order a document without leaving your home.

Rosreestr sends extracts from the USRN within 3 days (there are delays). If you want to get information faster, I recommend ordering extracts directly through - this way you will receive the document within an hour. The cost is the same - 250 rubles, official data - from the USRN Rosreestr and confirmed by the electronic digital signature of the registrar (EDS).

Extract from the USRN, which I recently ordered through

Which buildings need to be notified about construction?

The following constructions fall under the notification procedure:

1. An individual residential building on land under individual housing construction or;
2. Garden house on the lands of SNT.

Please note that from January 1, 2019, the lands used by summer residents are divided into two types: garden and vegetable gardens. The construction of a residential building is now possible only on the first type of land and only after notification of the municipality. Gardening lands have a different purpose and are no longer subject to residential development.

When Notification Is Not Required

If we proceed from the principle “everything that is not prohibited is allowed”, then in accordance with the norms of the Urban Planning Code, notification of planned construction is necessary only for buildings that are under the action of urban planning regulations. For all other objects, such permission is not required. Thus, the list of objects free from licensing procedures includes:

1. buildings that perform an auxiliary function (garage, sauna, barn, greenhouse, etc.) located on lands not intended for commercial use;
2. objects that are not capital;
3. temporary structures erected to ensure any work (mining, excavation, laying communications, etc.);
4. objects in which no significant changes are planned in the construction project.

One of the comments to Art. 51.1 of the Civil Code of the Russian Federation: sending a notification under Art. 51.1 is not required if an application for a permit for the construction of an individual housing construction facility was submitted before 08/04/2018.

It would be logical to include in this list buildings built without prior permission and which were legalized in a simplified manner, for example, according to. However, this situation does not quite fit into the existing standards and is an indicator of the presence of contradictions in the transition period.

How to fill out a notice of planned construction

First you need to download the official notification form, which was approved by the Order of the Ministry of Construction of Russia on September 19, 2018: No. 591 / pr “On approval of the notification forms required for the construction or reconstruction of an individual housing construction or garden house”.

Another oddity of the new legislation: the notification procedure was introduced on August 3, 2018, and the official notification form was approved only 1.5 months later - on September 19, 2018.

After downloading the legal notice, all you have to do is print the form and fill it out according to the template below.

Sample Fill

How to submit a construction notice

The owner of the land plot, which is indicated in, or a notarized representative, must submit a notice of the start of construction. When the documents are ready, you can notify the administration in the following ways:

• Personally through the MFC "My Documents";
• Personally hand over the documents to the Secretary of the Department of Land and Property Relations (DISO) of the Administration on whose territory the land plot is located. Do not forget to take the incoming reference number from the secretary;
• Send original documents by mail with notification;
• Send scanned copies of documents through the State Services portal. You must have an electronic digital signature (EDS).

1. The GosArkhStroyNadzor Inspectorate of the Moscow Region is verifying the compliance of the declared documentation with the real situation.
2. After that, the architecture and urban planning authority of the municipality submits documentation for registration to GosArkhStroyNadzor of the Moscow Region.
3. The package of documents is considered within seven days, after which the object is registered, or the application is rejected.

After checking the parameters of the house for compliance with urban planning norms and rules, the municipality administration issues a “Notice on the compliance of the notification on the planned construction of the parameters of an individual housing construction object with the established parameters and the admissibility of placing an individual housing construction object on a land plot” (agree that the name could be invented and shorter), and the developer gets the legal right to start construction.

Sample notification on the compliance of the notification on the planned construction of the parameters of the IZHS object with the established parameters and the admissibility of placing the IZHS object on the land plot

How to get a building permit for the old model

The notification procedure applies to objects of planned construction less than 500 sq. meters. For the construction of buildings with an area of ​​over 500 sq. meters, as well as especially dangerous and unique buildings, you will have to obtain a permit for the construction of the old model with all the ensuing packages of documents (given above).

Since the Town Planning Code is the main law governing housing construction, including individual housing construction, a building permit can only be issued to those developers whose land is under the town planning regulations. Where urban planning regulations do not apply, the issue of building permits can be resolved at the federal level, as well as at the levels of subjects of the federation and local self-government. However, this is only possible if there is a development plan for the territory.

The Civil Code of the Russian Federation contains only general requirements for developers. In each case, the algorithm of actions may have its own nuances, but usually individual residential construction is carried out on the lands of the municipality. If this is true, then you need to go to the Town Planning Committee of this territorial subordination.

The actual issuance of a building permit is carried out by the chief city or district architect. The document is approved by the head of the city, district or other body of the municipality.

Validity of building permit

A building permit is a legal document and part of the real estate rights. This means that a plot with an unfinished object can be sold and the permit will then legally pass to the new owner.

Therefore, if the building permit has expired and the house has not yet been put into operation, you only need to notify the local administration of the change of ownership. For example, the period of validity of a permit for the individual construction of a residential building is 10 years.

What are the restrictions when building a house

Please note that in the summer of 2018, the Government of Russia approved draft laws regarding unauthorized development and establishing uniform parameters for individual housing under construction (IZHS). According to the head of the Ministry of Construction of the Russian Federation Mikhail Men, IZHS is:

1. A separate residential building with no more than three above-ground floors and a height of up to 20 m.
2. Such a house should not consist of separate apartments or block sections.
3. The above restrictions also apply to garden and residential houses in suburban areas.
4. The law establishes the legal regulation of the construction of individual housing construction with an area of ​​​​up to 500 and more than 500 square meters. m.

Finally

1. The notification procedure is beneficial for developers: firstly, coordination is accelerated and simplified; secondly, it is now possible to make changes to the project during construction without cumbersome approval procedures, which are comparable in terms of time and cost to obtaining a new permit.
2. However, there were also disadvantages. The seeming lack of control and freedom of action can lead to unacceptable deviations from existing building and land use norms in the future. As a result, everything can end for the developer with a decision to demolish the object or significant changes in its structure. But the saddest consequence may be the seizure of land on the basis of its misuse.

I recently purchased land and was faced with the need to obtain a permit for the construction of an individual residential building. This document is mandatory, and without it you will not be able to officially put the house into operation. A few days ago I received a long-awaited document. And to be honest, this procedure took me a lot of time. Therefore, in this article, I have prepared for you step-by-step instructions for obtaining such a permit.

The procedure for putting any house built into operation is regulated by the Town Planning Code, and building permits are regulated by Article 51 of the same code. Therefore, before construction, it is necessary to familiarize yourself with them and obtain permission in a timely manner. If you don't, you may have difficulty getting it later. And without it, you will not be able to put it into operation.

What is it and who issues permits

The permit itself is a document confirming the compliance of your project with the established standards, allowing the construction of this facility on your demarcated site. Such a permit must be obtained not only by developers who build apartment buildings, but also by ordinary citizens, even if their land plot is intended for individual housing construction.

Such a document is issued by regional self-government bodies, which are located directly at the location of the land plot. But in some cases, the jurisdiction of issuing such a permit may also belong to the federal authorities. Article 51 of the Civil Code refers to such situations:

• the use of subsoil is under the jurisdiction of the Ministry responsible for the protection of natural resources;
• construction in historically significant places under the jurisdiction of regional cultural heritage authorities;
• the use of nuclear energy requires permission from the federal environmental service;
• the construction of space objects requires permission from Roskosmos.

In all other cases, it is issued by the executive bodies of the local municipality. In this case, you must apply at the location of the land allotment, and not your place of residence.

When I first applied in Moscow for the necessary information on obtaining a permit, they explained to me that my site is located on the territory of the Moscow Region. Therefore, I need to contact the executive bodies of the Moscow Region, and not the city of Moscow.

Why permission is needed

It confirms not only that you have an architectural design for the future building that you want to build. As well as the compliance of this project with all established building requirements. You can not build a house without a project, because in this case it can be dangerous for living, as well as for the surrounding neighbors. Also, the constructed building may cause damage to natural resources and other infrastructure. Therefore, when issuing a permit, the building project is checked for compliance with:

• SanPin standards;
• requirements for supervision of the technical condition of facilities;
• town planning legislation;
• building codes;
• fire requirements.

If you build a private structure without this permit, it will be considered illegal. Therefore, you will not be able to connect such an object to communications. And if this building is built in violation of certain standards, the court may oblige you to demolish it. And if you do not liquidate such a building yourself, it will be forcibly demolished.

As an example, we can recall several waves of liquidation of squatters in Moscow. When the local government checked the legality of some structures near metro stations, street markets and other facilities, they were put on the list of buildings to be removed. Some owners who had permits in their hands received monetary compensation from the Moscow authorities for the forced demolition of their building.

You will not be able to register a house built without permission with the BTI, and accordingly, you will not be able to make any transactions with this building to transfer ownership. In such a house it will not be possible to obtain even a temporary registration. Therefore, if you are planning to build a house, in most cases you will need to develop a project and coordinate it with the local municipality.

When a building permit is not required

Obtaining a permit is not required in all cases. Clause 17 of Article 51 of the Civil Code introduces exceptions for certain types of buildings:

• garage if its construction is planned for private non-commercial use;
• non-capital structure of small size, such objects include gazebos, kiosks, baths;
• additional facilities necessary for laying communications and engineering networks, as well as intra-channel connections.

In all other cases, permission is required. Also, land owners with the designation of individual housing construction are not exempt. In their case, the procedure for issuing this document will be the same as for other cases. But in this case, it will be necessary to collect a smaller package of papers, since the construction of such facilities is not as complicated and dangerous as capital construction. There are fewer requirements for such buildings, so the procedure for obtaining a permit for such a site is considered facilitated.

IZHS

If your site has a special purpose for individual housing construction, you must know what category of building you can build on it. Such objects include houses with a height of no more than 3 floors. Only 1 family should live in them.

When building a house, it is important to comply with the minimum area limits:

• at least 6 sq.m. must be allocated for the kitchen;
• a bathroom can have an area of ​​1.5 m (bathroom) and 0.8 m (toilet);
• living room 8 sq.m. (if it is a bedroom) and 12 sq.m. (if this is a living room);
• the width of the corridor should not be narrower than 0.85 m.

If you receive a permit, then you can only build one residential unit, and all other buildings can be considered auxiliary. Therefore, they do not need to issue additional permission. Even a guest house can be included in the number of auxiliary facilities.

If you want to later add an attic or make a balcony, you will need to obtain additional permission for this.

An important condition for obtaining a permit for such a house is the optional availability of project documentation. However, their construction must comply with established standards. Each building has its own standards, which determine the minimum distance from other objects.

Step-by-step instruction

The sequence of actions here is simple, but the preparation will take you some time. You need to act in the following sequence:

1. Prepare required documents.
2. Make a statement.
3. Send documents to the local municipality.
4. Get permission.

Recently, filing applications has been greatly simplified, as this can be done at any MFC. They will send the documents to the right municipality, and you will be able to receive the finished document at the place of your actual stay.

MFCs are specially designed as intermediaries between citizens and government agencies, so the waiting time for the provision of services for you should be minimal. In the centers themselves, there is an electronic queue and several dozen specialists work. In addition, you can easily make an appointment at a specific date and time by phone.

Documents for obtaining permission

Preparation of a mandatory package of documents takes the most part of the time. You will need:

1. Title papers to the ground.
2. Project papers.
3. Personal documents of the applicant or his representative, confirming their identity (passport and a notarized power of attorney for the representative).
4. Directly statement, which can be prepared in advance or filled out at the MFC.

Let's analyze this list of documents in more detail.

Title documents

These include:

• extract from USRN, confirming the actual owner;
• the legal document itself.

It can be a contract confirming the transfer of ownership in a transaction of sale, donation, rent. It can also be a certificate of receipt of a land object by inheritance.

You can order an extract in advance at the MFC or Rosreestr. It is provided on a paid basis, and its cost is:

• in paper version for ordinary citizens 300 rubles;
• in electronic format for ordinary people 150 rubles.

The cost of the service for legal entities will be different. You can request such a document not only by a personal visit to these organizations, but also by going to the Rosreestr website.

Project documentation

For objects that do not fall under the IZHS, the list will be quite large:

• explanatory note;
• site planning scheme, where not only the location of the object should be indicated, but also the passages, as well as driveways to it;
• site plan with markings in red lines that indicate the maximum distances from other objects;
• architectural project future building;
• if necessary demolition or renovation project existing building on the site;
• architectural plan house territory;
• , which provides the ability to deviate from some parameters;
• engineering project, with marked places for connecting communications;
• accessibility project for the disabled required only in the case of designing social premises;
• conclusion issued by experts on project documentation;
• consent of the building owners for its reconstruction if necessary.

For IZHS, everything is much simpler. You will need:

• allotment plan, it is issued by the BTI, and the date of issue must not be later than 3 years before the date of application for permission;
• if construction is planned in historical places, a description of the appearance of the building is required, since it must fit into the general view;
• site plan indicating the location of the IZHS facility;
• conclusion of the design expertise.

Such a conclusion can be obtained not only from the state authorities, but also from private legal entities. But they must have mandatory accreditation, so along with their conclusion, you will need to obtain from them a certified copy of the document confirming the current accreditation.

Statement

When you contact the MFC, you will be given a ready-made application form. But if you want to fill it out in advance, you can use the proposed sample.

It must be filled out in the following order:

1. Specify the position and name of the person who makes this decision in your region. Usually this is the head of the district or subject of the Russian Federation. You can check this information at the MFC, as well as on the official website of your region.
2. Enter information about the applicant. Here you need to specify your full name, registration address and passport data. I also recommend that you write down a phone number so that you can be contacted quickly.
3. Specify the name of the document. It contains 2 permission options, so you will need to underline the correct one (construction).
4. We mark the necessary information in the application. Here you will need to list for which work you need a permit, indicate the type of object under construction, its address, as well as the required validity period of this document. In addition, we indicate the details of the document that confirms your ownership of the land.
5. We prescribe the main characteristics of the object. Here you must indicate the planned area of ​​​​the whole house, as well as individual rooms in it.
6. We list the documents attached to this application.
7. We sign and set the date.

When filling out an application at the MFC, most of the information will be printed for you by a specialist. You will only have to check the correctness of the entered data. Therefore, I recommend that you do not fill out the application yourself, but provide it to the MFC employee.

You can learn more about the procedure for submitting documents from the presented video.

Refusal

In some cases, you may be denied permission. For such situations, Art. 51 GrK refers the following:

• if you plan to start construction in a protected area;
• if this land is reserved by the state or subject for other needs;
• if you have not provided one of the required documents;
• if you have not submitted information about the number of floors, total area and other necessary information about the planned structure.

Upon receipt of a refusal, the reason will be explained to you in detail. If it is possible to correct the deficiencies, then you need to do so and resubmit your application. If there is a significant reason for the refusal that you cannot eliminate on your own, you can go to court. But in order to win it, you must have substantial arguments.

Permit validity period

From the moment of writing the application, you must receive a response no later than 7 days. This may be a requested permission or a reasoned refusal. The maximum period of validity of a permit is 10 years. During this time, you must have time to build the object you planned. If you do not have time to put the house into operation before the permit expires, you will have to apply for an extension of the permit or receive it for certain stages of construction in progress.

If you need an extension of a permit document, you must submit an application to the same person who previously issued this paper to you 2 months before its expiration. But you may be denied if you have not started construction on this site in the past 10 years.

Price

Urban planning legislation establishes the gratuitousness of the issuance of permits. This is stated in Art. 51 GrK. Therefore, no government authorities have the right to demand a fee from you for this service.

But when collecting all the necessary documentation, you will have to spend some money to get all the necessary certificates. Their cost will depend on how many documents you require.

It is also important to know that there are many specialized firms that provide intermediary services for obtaining a permit. The cost of their services may vary depending on the type of construction project and the average price range is 10-50 thousand rubles. For urgency, you will have to pay a large amount.

But I do not recommend using their services when applying for a permit for individual housing construction, since you will not need as many papers as in the case of capital construction.

Having received permission, I realized that the most difficult stage in its registration is the collection of necessary papers. Therefore, I recommend:

1. Choose for the construction of buildings suitable for individual housing construction.
2. When purchasing land, choose a destination for IZHS.
3. Remember that the possibility of putting the building into operation makes it possible to carry out all the necessary communications in it, as well as to register. Therefore, you will have to get permission anyway. And it is better to do this before starting construction.
4. You can build on the site for individual housing construction not only such a house, but also a capital building. But to obtain permission for it, you will need more paperwork.

If you have a plot intended for individual housing construction, you will not have to order a special building project. But in practice, without it, it is difficult to build a high-quality and safe house. Therefore, I advise you to initially draw up a project and only then issue a permit.

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So that you don't have to go to court

Building permits no longer issued

We write articles, but Russian laws are changing. Since August 4, 2018, permits for the construction of private houses have been cancelled. Now, instead of them, this applies to garden houses and individual housing construction.

The article still has a lot of useful information about site preparation, urban planning standards and address assignment. All this is relevant, only the formalities have changed. If you are planning to build a house, be sure to read.

My brother Oleg received a plot of 15 acres near Belgorod under the regional program.

Sergey Antonov

helped my brother start building a house

He wanted to immediately build a house on it, but it turned out that first he had to collect a bunch of documents and get permission from the local administration.

You can't just come to the officials and ask for permission. First you need to check the status of the site, get the address and cadastral extract, draw a project and a site plan. For reliability, before the start of construction, it is worthwhile to conduct geological surveys - however, this does not affect the resolution. Let me tell you how my brother did it.

How to

By law, you cannot build a house without a permit. Without documents, it cannot be sold, exchanged, donated or left as an inheritance. But in fact, if you build on your site, then the finished house can be legalized through the court. According to the civil code, one can recognize the right of ownership of an unauthorized building if it meets all standards. In practice, this is sometimes faster, cheaper and easier than obtaining a permit.

But suddenly it turns out that the neighbor is against the fact that the house is close to his fence? Or a central cable passes through the site and land works are prohibited. Then the building will be declared illegal, the house will be required to be demolished, and the owner will pay a fine. Therefore, it is safer to do everything as expected.

Extract from the register

By law, a private house can be built only on land that is intended for individual residential development or for personal subsidiary plots. In the documents for the land should be just such a designation of the site - officially. If you yourself think that the land is suitable for building a house, this is not enough. Maybe you bought land for a house, but it turns out that you can’t build there. For example, there may be problems with the garden and summer cottage.

The category of a land plot can be viewed in an extract from the Unified State Register of Real Estate on the main characteristics and registered rights. An extract is received at Rosreestr or MFC. It costs 200 R. If there is a certificate of registration for the site, then the category of land is indicated there.

A house cannot be built in a sanitary protection zone near industrial enterprises, airports, cemeteries and landfills.

Each region has its own rules and laws, which describe in detail at what distance from which objects construction is prohibited. There is a sanitary zone at gas stations and car washes, and even near power lines.

It is difficult to understand the intricacies of local land legislation on your own, and if there is a suspicion that the site is located in such a zone, then it is better to contact the local land committee or survey center, where there are specialists with the necessary databases and cadastral plans.

My brother received a plot specifically for individual construction, in fact, in an open field, so he had no problems. But that doesn't mean you won't have them either. There are cases when people buy plots in a large free area, and then it turns out that this is a water protection zone. And although the purpose of the site is suitable, it is not allowed to build houses there. Families are left with unnecessary land, loans and no money.

Engineering and geological surveys

Groundwater and different soil densities can complicate construction. If you build a house on bad soil, then cracks will go along the walls, and the foundation and basement will be heated. To prevent this from happening, it is desirable to conduct engineering and geological surveys.

There are many companies that do this. Specialists will come to the site, drill wells at the site of future construction, take soil and water samples. As a result, a report will be prepared for several dozen pages, in which there will be different schemes and graphs that are understandable only to other specialists. You can ask surveyors to verbally explain whether it is possible to start construction.

If there is no money for specialists at all, it is worth talking with neighbors: sometimes the advice of an old-timer is more useful than an expert's opinion. The owner, who built the house himself and has lived in it for many years, knows all the features of the soil on the site and will tell you how deep the foundation and basement should be.

65 000 R

engineering and geological surveys are in Belgorod

The Belgorod company that my brother found asked for 65,000 R for their work. Since the money was back to back, he decided not to do geological surveys and rely on chance. Construction is still going on, cracks are not yet visible. The brother hopes that he will be lucky: he has a plot without a slope, dense soil, and the groundwater is deep. But he does not advise you to do this: rework will cost more than research.

Address and cadastral extract

The street where my brother is building a house existed only on paper, so he had to get the address himself. In the local administration, the future house was assigned a number, and Oleg was given a resolution that the site was located at an address with a specific street name and house number.

You will have to get the address even if the street exists and there are houses with numbers on it. For example, if a large area is divided into two: then one of them will have a new address. Sometimes it takes several months to complete the paperwork.

Each land plot has its own cadastral number. In fact, this is the address of the site, but written in a special code in the common database. Knowing the cadastral number, on the Rosreestr website you can see where the site is located, on the lands of what category, what area it is. A building permit can only be obtained for a plot that has a cadastral number confirmed by a cadastral extract.

The brother received a cadastral extract from the local MFC. Attached to the application is a copy of the certificate of registration of ownership and a document on the assignment of the address.

Project and situational plan

The project is a drawing of your future home with a floor plan. A site plan is a drawing of a site with a house located on it. You will build according to the project. In order for you to be allowed to build, the project must be competent from an engineering point of view. The house that you have in mind should not threaten others and you.

A simple project from an engineering or architectural firm will cost 20-30 thousand rubles. The upper bar of prices is not limited. Purely theoretically, you can draw a project on your own, but this requires engineering knowledge. Ready-made projects are also on the Internet. In addition, the project can be done for free by the company that will deal with your construction - there are many options for saving.

My brother graduated from a construction university, so he drew the plan himself. But he still had to check the documents so as not to miss any of the requirements. Here are some of them:

1. The distance between neighboring houses, if they are made of wood, must be at least 15 m; if made of brick - 6 m.
2. The distance from the house to the outbuildings should be at least 4 m.
3. The area of ​​the common room must be at least 12 m2, bedrooms - 8 m2, kitchens - 6 m2.
4. Gas pipes cannot be run through the entire house.
5. Each bedroom must have at least one window.

These are not all requirements - read the docs or consult the experts.

Get permission

In Belgorod, a building permit is issued by the local department of architecture, on whose territory the site is located. To get permission, the brother wrote an application. He was asked to attach a project and a situational plan, a copy of the cadastral extract and a copy of the land ownership certificate.

Even if the application is accepted, but the permit is not issued, they are required to write the reasons for the refusal. The official response time is seven days.

A week later, Oleg received a call and was invited to come for a building permit and an urban planning plan for the site.

The urban planning plan indicated where the site was located, its area and size.

The plan contains the main requirements of federal and local legislation that must be observed during construction:

It took Oleg three months to complete all the paperwork to obtain permission. But this may take a long time. I know of a case where it took four months just to get the address. And it also happens that you need to carry out land surveying or draw boundaries on the city plan. It seems that it remains to receive one certificate, but in reality it turns out that everything is just beginning. Sometimes even the laws have time to change while the permit is being issued.

The permit is valid for 10 years, so you can start building a house not immediately, but, for example, after five years. And after construction, there is still a lot of paperwork and expenses.

Remember

1. Check the purpose of the site in the certificate of ownership or extract from the register.
2. If there is a suspicion that the site is located in an area not suitable for construction, contact the land committee.
3. If you are preparing the project yourself, follow the SNiPs and regional regulations.
4. Getting a permit can take several months, so plan to start building a house with bureaucratic red tape in mind.
5. Store documents, plans and projects. After construction, it will be necessary to formalize the ownership of the house and conduct communications. All of these documents will come in handy.
6. If you order drawings and plans from contractors, keep the contracts. Suddenly it turns out that they did not comply with the norms and now you will not be connected to the gas - the contract will come in handy.