Key points in the procedure for obtaining permission to construct a capital construction project on a land plot

Home / Real estate / Land / Ownership

Back

Published: 05/07/2017

Reading time: 13 min

0

1433

Sooner or later, owners of plots of land think about erecting a building, structure or structure on them to satisfy their own goals. Be it a residential building, garage, bathhouse, commercial building, etc.

But the desire of the land owner alone is not enough here. To be able to implement your plans, in some cases you need to obtain a special document - a construction permit. And it is issued by a special government agency . This is what will be discussed in this article.

• Legislation
• What objects require a building permit? For a house, garage, bathhouse
• For outbuildings
• For commercial buildings

Legislation

Land relations in Russia are regulated by the Land Code. It contains norms that relate to the specifics of the disposal, ownership and use of lands.

And Article 7 talks about the composition of lands, that they are divided depending on their intended purpose.

It is this division of land into different types that ultimately affects whether it is necessary to obtain permission to build real estate on a plot of land.

But the main law regulating this issue is the Town Planning Code of the Russian Federation. It says that for the construction of any permanent building you must have permission.

These objects primarily include:

• residential buildings with all adjacent buildings;
• industrial buildings;
• engineering complexes.

Specifically, the issue of obtaining permission to build an object on a land plot is addressed in Article 51 of the Town Planning Code of the Russian Federation.

How to receive it and in what cases will be discussed in more detail below.

I bought a plot, what’s next - a clear plan - everything is in the head

Often people neglect paperwork and prefer to immediately deal with more global issues, such as architectural design, foundation, etc. And then they grab their heads: after all, it turns out that their new foundation, after the removal of boundary signs, ended up on the territory of a neighbor. I would say that the land surveying process is a very controversial topic, full of litigation...

Remember one truth , thanks to which you can avoid many problems throughout the entire construction: Any of your actions should begin with “paperwork”, with a thorough solution to the problem, first on paper, and then transferring them to reality!

Anyone who neglects this sooner or later falls into the trap of “unsolvable problems.” I would say that building a house is easier than sorting out all the papers, coordinating everything and going through the seven circles of bureaucratic hell...

First you need to finally understand the boundaries of your site. I have already written in this article about the role land surveying plays. And he emphasized that it is advisable to purchase a privatized plot, with a land surveying plan already developed. But often life adjusts our plans.

So let’s look at the privatization and land surveying procedures in detail, in case you didn’t buy the land, but you got it due to other circumstances: I’ve put them in separate posts so as not to overload the article

Privatization of land

Land surveying

And finally, when we completely figured out the design of the site and became its full owners, we were faced with a sacramental question:

What objects require a building permit?

Many land users still cannot begin the construction process on their site only because it is complicated by first obtaining a document allowing the creation of a building. But for which objects is it necessary to obtain a permit, and for which is it not?

For home, garage, bathhouse

All objects that relate to construction on a personal land plot are referred to by one abbreviation - IZHS (individual housing construction).

Plots for individual housing construction are included in the land of settlements. And for individual housing construction it is necessary to obtain appropriate permission from the territorial authority, and in some cases from neighbors.

What is included in individual housing construction:

• House;
• bath;
• garage;
• any extension or addition to a house.

However, permission must only be obtained for the construction of the residential building itself. A garage and a bathhouse are premises that are not intended for people to live there and are not used for commercial purposes, but are needed only for solving auxiliary tasks of citizens.

Therefore, there is no need to obtain documents for them.

But if it is planned to build a room in the bathhouse that will be used as housing, then a permit is required.

For outbuildings

As such, as a rule, barns are understood. Fortunately, there is a clear answer to

The question of whether it is necessary to obtain a permit to erect outbuildings is given in Part 17 of Article 51 of the Town Planning Code. It states that no permits are required unless the buildings are intended for commercial activities.

To avoid conflict situations with neighbors, when constructing such buildings, it is better to simply comply with fire and sanitary standards, and also have a lattice fence.

If a citizen decides to build a permanent barn, he needs to think in advance about the location on the site where it will be built. This will avoid an unpleasant situation when the building casts a shadow on the neighboring site.

This may cause your neighbor's harvest to suffer. And then he can file a complaint with the appropriate authority. As a result, the owner of the barn may be required to move it to another location.

To build a well, you will need to obtain permission from the sanitary and epidemiological service.

For commercial buildings

The situation with buildings intended for trade is very ambiguous.

The fact is that such objects can be of two types:

• stationary;
• non-stationary.

In the first case, we mean buildings that have a foundation and are firmly connected to a plot of land. They cannot be moved to another location without compromising the integrity of such structures. This includes buildings of shops, warehouses, etc.

It is for the construction of such facilities that permission from the government agency is required.

As for non-stationary retail facilities, which include kiosks, counters under canopies and other similar structures, such permits are not required for them. And all because they do not have a strong connection with the earth, they were erected for a certain time and can be freely moved to any other piece of land.

Construction of a house frame

The frame is a critical stage in the construction of this type of house. When installing it, it is recommended to use metal mounting elements or self-tapping screws, but not nails. The gap between the racks will depend on the width of the insulating material and finishing structures, otherwise the developer will need to install auxiliary racks at the junction points. The racks are made of timber 150x150 or 150x200, which is acceptable for the further installation of thermal insulation elements.

During the installation process, temporary jibs are installed to prevent the wall systems from being beveled in any direction. Vertical posts are reinforced with horizontal jumpers, which are attached with corners to prevent the formation of cracks and distortions. After all the racks are secured, the upper one is installed using the bottom strapping technology. To ensure the stability of building structures, the frame is secured with diagonal braces, and fencing systems for window and door openings are installed.

Validity period of the permit

As paragraph 19 of Article 51 of the same code states, permission for the construction of individual housing construction

provided for a period of 10 years.

For all other objects, the rule applies according to which this document is valid for the period provided for by the project for the construction of a capital building.

For example, in Moscow and the Moscow region, the permit is valid for three years. Before this time, the corresponding facility must be put into operation.

This period can be extended, the law allows it.

This can be done for a maximum of 3 years, during which it will be necessary to complete the construction process and put the facility into operation.

What is needed for renewal?

Collect and submit a package of documents to the government agency:

• Previously obtained building permit.
• The applicant’s passport or documents certifying the registration of the legal entity.
• Report on the state of construction.
• Application for extension of time.

These documents must be submitted no later than 60 days before the expiration date of the current building permit.

What's new in the law on the turnover of agricultural land

Since agricultural lands are at the same time an environment, a resource, a means of production and a territory of interests of individuals and legal entities, the need arose to create a special federal law - 101 Federal Law of June 26.
2002 “On the turnover of agricultural land”, from which it follows that agricultural land is the basic resource of agriculture, that is, soil and everything that can grow on it. The last edition of the law on the turnover of agricultural land was in 2015, which is considered the beginning of a new wave of land reform. The new land reform was preceded by a number of changes, among which the following can be identified as the most significant:

• From clause 1 of Art. 10, the requirement to undergo a mandatory bidding procedure in the form of competitions and auctions when providing citizens and legal entities with ownership of agricultural land plots in state and municipal ownership has been removed;
• There have been some changes in the rules for the purchase and lease of agricultural land. The new version of the law still retains this right for legal entities or individuals who used the site on a lease basis in the proper manner. However, restrictions on the transaction price and lease duration have been eliminated;
• The possibilities for using land occupied by pastures in the Far North have been expanded. If previously such pastures, which were in state and municipal ownership, could only be transferred on a lease basis, now free use has also been added to such a right;
• The rules and conditions for forced seizure of land, despite the presence of a new edition, have been changed slightly. In the near future, in connection with the upcoming new laws in land law, we should again expect changes and amendments to both the Land Code and Federal Law No. 101.

Documents to be received

There is a legally established, general list of documents that must be provided in order to obtain permission to construct a capital construction project:

• statement.
• documents establishing the right to a land plot.
• urban plan of the site.
• materials from project documentation.
• explanatory note.
• scheme of planning organization of the site.

It is carried out in accordance with the urban planning plan of the land plot. It indicates: the location of the capital construction project, the entrances and passages to it, where public easements begin and end, and archaeological heritage sites.

• Land plot planning diagram, which confirms that the linear object is located within the boundaries of the red lines.
• Schemes for displaying architectural solutions.
• Information about utility equipment and a plan for where and how the capital construction project will be connected to utility networks.
• Construction organization project.
• A work organization project for which the demolition or dismantling of buildings and their parts will be carried out.
• Positive conclusion of the state examination of project documentation and the state environmental examination of project documentation (when required by the specifics of the capital construction project).
• Permission for some deviations in construction, if necessary by the developer.
• Consent of all owners of the capital construction project to its reconstruction, if a decision is made about this.

When we are talking about a private person - a citizen who plans to build a residential building on a land plot (no more than 3 floors in height and for one family), the list of documents for him is not so extensive.

Façade finishing and primary interior work

Initially, they begin the external cladding of the house, and after that the internal finishing work. This rule is established to prevent the impact of atmospheric factors on the particle boards with which frame structures are sheathed.

When used for lathing wooden materials, they are treated with antiseptic solutions and fire retardants so that the wood is more resistant to the influence of a damp external environment and flame.

There are a number of recommendations that must be followed during the finishing work in a frame house:

• The finishing work of the rooms is carried out sequentially.
• The first room in which finishing will take place is chosen to be the one furthest from the front door.
• First, it is necessary to lay utility lines, and only after this is completed, they begin covering walls, ceilings, and installing floor materials.
• In a frame house, finishing work is carried out “from top to bottom”.

Additional Information! There is only one exception to this rule - suspended ceilings, which are installed after finishing the walls.

Methods of obtaining

It is worth considering two main ways of obtaining permission to build a private house: standard and simplified.
The standard method of obtaining occurs if the construction of more than three floors is planned. The simplified scheme applies to a standard residential building, the number of floors of which is limited to three. First, a citizen needs to understand where to go with the package of documents. In the case of the construction of a residential building, he should go to the local government authority responsible for architecture and urban planning, which is located in the area where the site itself is located.

In general, the procedure looks like this.

• The citizen submits a package of documents to the relevant authority, which will issue the permit.
• State agency specialists review the submitted application and documents within 10 days.
• Upon expiration of the legal period, the applicant is issued either the permit itself or a document refusing to issue it with a clear justification of the reasons for such a decision.
• If the decision of the authority is positive and a permit is issued, construction work can begin.

How to correctly draw up a land donation agreement? What is the tax rate for an apartment and what does it depend on? Read more about this in our article.

Do you want to issue a deed of gift for a share of an apartment? The step-by-step procedure is described here.

Securing property rights

A completed agreement does not mean that all rights to the site are assigned to you - several more procedures will need to be completed separately. This ensures that no problems will arise with this land in the future - and during inspections, different things may turn up. That is why it is better not to do anything on the site before its registration is completed.

You should start by contacting the cadastral chamber. You must have documents with you to confirm your purchase. The boundaries of the site are established using land surveying; it is worth carrying out even if contact with neighbors has been established, there are no disputes and there have not been any - a lot can change over the years, for example, the neighboring plot may be sold, and the next owners may turn out to be more meticulous.

When the boundary plan is drawn up, contact Rosreestr with all the necessary documents. If no claims have arisen and they have been accepted, you will be given a receipt and the date of receipt of the extract from the Unified State Register will be indicated - it will serve as reliable confirmation that you have secured your rights to the site. Registration usually takes 10 days.

After this, all that remains is to temporarily fence the area along the established boundaries: to do this, poles are driven in from its inside, and wire or mesh is stretched between them.

Who benefits from using agricultural land?

• Personal subsidiary plots (arable lands, orchards, vegetable gardens, etc.);
• Collective farms (livestock farming, fish farming, beekeeping, etc.)
• Gardening and non-profit partnership (SNT, eco-villages, etc.);
• Cossack societies. Business associations and partnerships, production cooperatives, unitary enterprises (municipal and state), other commercial organizations;
• Non-profit societies, including religious ones, as well as consumer unions;
• Training, experimental and training-production, training and experimental units at scientific and educational organizations that train specialists in the field of agricultural activities, educational institutions.
• Agricultural tourism;
• Conducting agricultural production;
• Creation of protective forest plantations.

Engineering Communication

The location of utilities on the site where it is planned to build a low-rise house for seasonal or year-round use is important. Let's take a closer look at the main points.

• It is allowed to have both a central cold water supply system
  and an autonomous one. This also applies to sewers. When organizing any of the options for water supply and operation of wastewater, it is necessary to comply with the requirements of the following regulations:
• SanPiN 2.1.4.1110;
• SP 30.13330;
• SP 32.13330.
• Sewage pipes
  with a diameter of at least 15 cm must be laid underground deeper than 30 cm.
• Heating in a private house and hot water supply
  is carried out autonomously through a boiler (stove) and water fittings. The area of ​​the room for the boiler is at least 5 square meters. m.
• Gas supply
  can be from individual sources (cylinders) or from a central gas pipeline. For autonomous gas supply, cylinders with a capacity of more than 12 liters must be placed in an extension or in a metal box behind the outer wall closer than 5 m to the entrance. Laying gas pipes into the foundation is not permitted. A gas boiler (if any) cannot be installed in a bathroom or living area.
• Power supply wire supports
  should not interfere with the passage of vehicles. The height of the wires to the house is above 2.75 meters, the distance from the centralized power grid to the building is no more than 25 m. Otherwise, the installation of an additional support pole will be required.

The CitySip company designs and builds turnkey houses from SIP panels in compliance with all construction standards on sites of any type of use: country houses, gardens, individual housing construction. Our specialists have up-to-date information on SNiP and other regulatory legislative acts. It’s easy to get a consultation or make an application for the design and construction of a cottage: call the numbers provided or leave a request on the website. Our managers will definitely contact you as soon as possible.

Where does new agricultural land come from?

The territorial zoning procedure involves the allocation of a fund for the redistribution of plots. Its status is provided for in paragraph 1 of Art. 80 of the Land Code of the Russian Federation and is dictated by the need to have a reserve to meet the needs of small agricultural producers for land plots of optimal quality. Such lands are usually redistributed for summer cottages, establishment and expansion of farms, creation of private household plots, orchards, plantations, vegetable gardens, hayfields, and pastures.

The creation of such a fund was dictated by the difficulties of the transition period of land reform at the end of the 20th century. Initially, it included lands seized from owners and users who did not fulfill their responsibilities for targeted and effective use, transferred to land with a low and medium level of cadastral value, withdrawn from circulation for other reasons. All these conditions for the formation of the fund remain in place today. However, modern land relations are determined by slightly different realities - the fund receives lands acquired by federal and regional authorities, as well as municipalities.