How and where to apply for permission to build a residential building

What is a building permit?

In fact, this is a document that confirms:

• the right of the owner to erect an individual building on a plot of land belonging to him;
• compliance of the developed project with the urban planning plan of the land plot.

Issues related to the execution of a permit document are regulated by the Town Planning Code (Article 51), where it is noted that it represents the following set of information:

• site design;
• results of the survey (if necessary);
• what actions can be taken in the future with the constructed building.

Any actions related to the construction of a residential building are subject to approval. Source ya-kadastr.ru
If the intention to build your house is firm, first you should decide whether you need permission to build a house on your own site. In 2021, it will not be possible to do without it only on the grounds that the land is registered as a property, that we are talking about an individual housing construction plot (individual residential construction).

Obtaining approval is mandatory for land plots for individual housing construction, regardless of whether the house will be built on a rented or own plot. In addition, without permitting documentation, it will be difficult to register a house in the cadastral register, since it will be necessary to legitimize the self-construction through the court.

Do you need to notify about the construction of a bathhouse if you plan to build a house?

If the bathhouse is the object of capital construction, and subsequently you decide to register it and then buy the land, then the clear answer will be - of course, submit a notification. If the land lease agreement does not contain special conditions for the purchase of ownership, such as: construction of a residential building and the percentage of development of the land plot, then you purchase the land plot in accordance with clause 6, clause 2 of Art. 39.3, Art. 39.20 Land Code of the Russian Federation.

If you do not have problems paying rent and building a house at the same time, then you can not rush into transferring ownership and buy the land after registering the bathhouse.

Why do you need a permit?

The document gives the owner the right to take any actions regarding the building:

• construction;
• reconstruction;
• repair work.

With a permit in hand, you do not have to worry about litigation over the boundaries of the site. The owner has access to lending and the use of maternity capital.

The speed of making a decision on permission to build a residential building depends on how carefully and correctly the development of the house project is carried out. Source domzone.pl
Part of the land may fall into an environmental protection zone or security communications zones may be located on it. Such nuances limit construction possibilities. But the landowner may not know about them before receiving approval.

A building erected without a permit is difficult to legitimize. You will have to go to court to have the building recognized as your property. But in this case, government agencies legally recognize it as self-construction. You can obtain the appropriate document, but this will be the right of ownership of the self-construction.

When is a permit issued?

The decisive factor in the need to obtain approval for construction work is the type of land permit:

1. For areas allocated for individual housing construction, the document is drawn up before the start of any work.
2. If the land was provided for a summer house or garden, then permission to build a country house will not be required.

You can safely build without approvals:

• any structure on a site allocated for a summer cottage or garden (on agricultural land), without the right to register it as a residential premises - such a structure will be considered a temporary structure;

To build a temporary garden house on a dacha plot, a permit for the construction of a dacha house is not required Source cdt-kolokolchik.ru

• any non-permanent building (bathhouse or garage, shed or greenhouses) on a personal plot.

In the second case, the main condition is that the object being built should not be used for commercial purposes.

Expansion of existing area

This happens when you need to build another building next to the cottage. In this regard, many owners have questions about the legality of such a building.

Permission can be obtained by fulfilling specific urban planning requirements:

• maintain distances from neighbors - 6 m, from an already built house - 3 m and from outbuildings and auxiliary premises - 1 m, also do not violate the building density prescribed in the standards;
• preserve the purpose of the site – i.e. its residential focus.

If the future construction meets all the above rules, you can safely contact local authorities to obtain permission.

Registration of permission

The easiest option is to apply to the MFC (multifunctional center). You can also pick up the completed approval here.

But if you want to receive more detailed recommendations from specialists on the set of documents and on the procedure for obtaining a completed approval, it is better to contact the territorial department of architecture. The engineering workers of this body are directly involved in obtaining permission to build an individual residential building.

The final check and registration of permission to build a house on your own site is carried out by the architecture department Source moydom.media

See also: Catalog of companies that specialize in house design

An individual developer may be faced with the need for additional approvals:

• for work related to subsoil use, consent is issued by the Russian Ministry of Natural Resources;
• To register construction work near nuclear facilities, you will have to visit the Federal Service for Environmental, Technological and Nuclear Supervision.

Not all land owners require additional approvals

Distance from neighbors

On the territory for individual residential development, the location of all objects from the neighboring site must be strictly regulated. Wherein:

• The distance to a one- or two-apartment house must be maintained at least 3 m;
• The distance from the premises for livestock and poultry is 4 m;
• 1 m must be left to auxiliary outbuildings, trunks of small trees, and shrubs;
• The distance for old tall trees is planned to be at least 4 m.

If you plan to build a one- or two-apartment house, the windows and walls of the neighboring cottage, sauna, garage or barn must be at least 6 meters away.

Video description

Issues related to obtaining permission to build a house on a site are discussed in detail in the video:

Required documents

The list of required documents includes:

• identification card of the landowner (if registration is carried out through a representative - power of attorney);
• documentation establishing the legal right to the land plot;
• urban planning plan;
• project documentation, including information about utilities, explanatory notes, etc.;
• positive opinion from an independent expert (if her expertise is required).

Important! If the examination was carried out by a non-state body, a document confirming the authority of the organization is required.

Sample urban planning plan for a land plot Source 2ann.ru
The authorized body is given 10 days to check the submitted documentation, including reconciliation of the project with the urban planning plan.

As a result, the permit will either be granted or denied.

Reasons for refusal

When submitting documents, the reason for refusal may be:

• incomplete set of documents;
• the papers do not meet the established requirements;
• an inappropriate person applied.

Refusal after review of documents:

• the dimensions or technical and economic indicators of the future structure do not comply with the Civil Code of the Russian Federation.

Some of the problems that arise can be resolved on the spot. If controversial situations arise, the decision must be challenged in court. This can be done immediately after receiving an official response about the refusal.

To challenge a decision in court, receive an official refusal Source kazned.ru

How much does it cost to apply?

The procedure for receiving a notification of compliance and admissibility of construction is completed free of charge - there are no penalties, duties, or other payments . The forms are freely available online, on the State Services portal, as well as on government websites.

All approval, starting from the moment of submission of documents, will not exceed 7 days plus time for postal delivery, if this method of information is chosen.

The procedure for filling out notifications does not require special knowledge, but it can be further simplified by using the services of legal and specialized firms, the average prices of which range from 10,000 to 20,000 thousand.

Duration and termination of the permit

A permit for the construction of an individual residential building received in 2021 remains valid for 10 years. This period is sufficient to complete the construction of a construction project (possibly reconstruction).

If necessary, you can temporarily freeze construction work - the permit to build a private housing construction building remains valid for 10 years Source proektproekt.com

The developer must, within 10 working days after receiving the approval, provide the authority that issued it with additional documentation on the number of floors, utility networks, area of ​​the facility, etc.

The document will be suspended temporarily if:

• special work is carried out without the required permission;
• there is a threat to the health and life of people;
• the rights to use neighboring land plots were violated.

If the violations are eliminated completely (this takes from 10 to 90 days), the permit is renewed. However, the deadlines allotted for construction will not be postponed.

The validity period can be extended by a maximum of 3 months if construction work has already begun.

To do this, you need to adjust the schedule and, together with the rest of the documentation, transfer it to the institution that issued the permit. This must be done 60 days before the end of the approved period.

If construction work is already underway, then, if necessary, you can extend the approved time frame by 3 months Source gorod-novoross.ru

It is possible to completely cancel the validity of the permit if

• the reasons why the permit was suspended have not been eliminated;
• continuation of work renewed the threat to the population;
• damage to utility networks is caused;
• urban planning, sanitary or construction standards are violated;
• significant violations of the project are identified;
• contractual obligations are ignored when performing construction or reconstruction work;
• Three months were not enough to eliminate violations that threatened people’s lives and health.

To resume work in such cases, you will have to obtain a new permit.

conclusions

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

Video description

About what changes have been made to the procedure for registering real estate under the amnesty, in the video:
Until March 1, 2021, unauthorized buildings that were erected by many landowners without permits can be legalized.

It will be possible to register ownership of the land until the end of 2021.

These rules do not apply to owners who plan to make any transaction with unfinished housing. To register a “work in progress” you will need permission.

When registering real estate according to a simplified scheme, the owner may receive a categorical refusal if:

• there is no information in the household books about the transfer of land into his possession;
• information about the areas and boundaries of the site in the documents provided differs from the information entered into the Rosreestr database for a specific site (territory);
• construction started before Federal Law No. 93 came into force

Not everything can be legalized under the dacha amnesty Source geopnz.ru

How to fill out a notice of planned construction

First, you need to download the official notification form, which was approved by Order of the Ministry of Construction of Russia on September 19, 2021: No. 591/pr “On approval of notification forms required for the construction or reconstruction of an individual housing construction project or garden house.”

Another oddity of the new legislation: the notification procedure was introduced on August 3, 2021, and the official notification form was approved only 1.5 months later - on September 19, 2021.

After downloading the official notification, all you have to do is print the form and fill it out according to the sample below.

Sample filling

Registration of ownership rights to individual housing construction objects

Rosreestr and its terrestrial agencies are engaged in registering property rights to private residential buildings. The fee for this service is 350 rubles.

When data on a land plot is available in the Unified State Register of Registers, that is, it is registered as a property, you will need, in addition to the application:

• civil passport of the owner (representative with power of attorney);
• cadastral passport;
• receipt of payment of state duty.

If the land is not registered, you must additionally present:

• title document for the land plot;
• papers confirming that the individual housing construction project is located on the territory of this site.

Papers are reviewed within 10 working days. The applicant is issued certificates of ownership:

• to an individual housing construction project;
• on a plot of land (if necessary).

Only after receiving a certificate of registration of property, the owner has the right to dispose of the property. Source znatokdeneg.ru
Registration may be suspended or denied altogether. This happens due to the lack of information about the registered plot of land in the state real estate cadastre.

How long does it last?

According to the issued notification, construction can begin within 10 years from the date of its issue .
But only according to those parameters that were declared and agreed upon. It is possible to change the technical characteristics and other parameters of the structure specified and recorded in the initial application only by submitting additional notification about this and receiving a positive response.

The period can be extended if you inform the government agency no less than 60 days before its expiration of your intention to begin work, and violation of this period of time is not a sufficient reason for refusal, it all depends on the importance of the reasons that created the situation.

Why do you need project documentation?

Working documentation is needed not only because it is required by law. Construction of the facility according to the project ensures the solution of a number of important tasks:

• even before the start of the construction process, determine the compliance of the facility being reconstructed or built from scratch with the requirements of technical regulations;
• establish compliance of the object with the technical design specifications;
• establish exact deadlines for construction work;
• draw up the estimate necessary to allocate budget funds for the construction of the structure;
• obtaining approval of construction from adjacent owners and necessary departments;
• prevent unexpected costs and significantly reduce the overall cost of construction;
• avoid global mistakes during the work and take into account all legal requirements and customer wishes;
• obtain permission to carry out construction work.

The development of design and technical documentation minimizes the risks of errors and unexpected “surprises” for both the customer and the contractor.

In addition, the project is necessary for putting an already constructed structure into operation, as well as for servicing the building in accordance with its purpose.

Project components

So, to build a house, paperwork must be carried out according to strict rules. Let's compile the acquired knowledge.

We have to:

• General information about the future structure, site, surrounding infrastructure, reports on geology and geodesy.
• Solutions of a construction, architectural, constructive nature.
• Explanations.
• Links to legislative acts.
• List of resources and materials.
• Calculation part.

Who is authorized to issue construction permits?

To obtain permission to build a private house, you should contact the appropriate committee at the local administration. Registration is carried out by the service of state construction supervision and examination (Gosstroynadzor), but other names of the authorized department are also possible.

The issuance of a building permit occurs at the location of the land plot on which the object is being built, and not at the place of residence of the developer.

An individual developer has the right to obtain a permit by personally contacting officials or employees of the MFC. He can also act through a representative, having drawn up a power of attorney for him, or remotely - through an electronic service. To use the last option for interacting with government agencies, you must first create an electronic signature and register on the website (you will need scans of your passport and other documents).

The permit is issued by authorized persons in a single copy.

When is it possible to refuse approval?

Reasons for refusal to sanction the construction or reconstruction of individual private housing:

• non-compliance with the maximum permitted characteristics;
• statutory restrictions;
• violation of VRI ZU (the site does not apply to individual housing construction or garden plots);
• documents were submitted on behalf of a person without rights to land plot;
• Rosreestr does not have data on the boundaries of the site.

The rule applies: if a response is not received after 7 days (plus shipping time), then the application is considered approved and construction can begin.

But if circumstances are discovered that would serve as a reason for refusal, then the government agency will have problems, including questions about the demolition of the facility and compensation to the owner at the expense of the state. Since institutions often do not have time to complete the check within 7 days, they refuse applicants for far-fetched reasons.

The refusal notice will detail the reasons and the applicant may reapply at any time after the deficiencies have been corrected.

Differences for non-standard cases

Reconstruction, major repairs or construction of new housing on the site of dilapidated or destroyed - such situations must be distinguished. Actions in these cases have their own characteristics.

Restoring a destroyed house after a fire

The Supreme Court of the Russian Federation came to the conclusion that the restoration of a burnt house does not constitute the creation of a new object , for which ownership rights must be recognized again; accordingly, permission is not required.
There are some reservations. If during restoration the parameters of the building are changed, then permission (notification) will still be required for new construction or reconstruction.

Since government agencies can evaluate actions in this way, problematic issues will arise regarding registration and amendments to documents. The owner will have to go to court to have it admit that it was a restoration.

If actions at the site of a burnt structure are initially positioned as the creation of new housing or reconstruction, then the administration will need to be notified unequivocally. In the first case, before this, it is necessary to abolish ownership of the old, no longer existing building by contacting Rosreestr. Next is the standard notification procedure (Article 51.1 of the Civil Code of the Russian Federation).

Construction of a building on the site of an old dilapidated house

With dilapidated houses, the situation is similar to that described above : if a new house is being built or reconstruction is being carried out, then permission will be required. If major repairs are being carried out, strengthening the walls, the foundation without changing the parameters, then authorization of such actions will not be required, but it must be taken into account that if there is a redevelopment, it will be approved according to a separate procedure.

Planning your future home

But for now, all this concerns only a fundamental approach to choosing a project. How to deal with your own desires and realize them fully? To begin with, it doesn’t hurt to learn from what is called other people’s mistakes and accumulate your own experience. To solve this problem, it is recommended to carry out several activities:

• carefully study the finished projects: location of rooms and number of floors;
• visit friends, acquaintances or colleagues who live in private houses to get acquainted with the layout of their buildings;
• It is recommended to consult with a specialist, ideally an architect;
• consult with relatives or friends, find out their opinion.

Such simple actions will help form the correct opinion on many, sometimes even unobvious, points. They will give you the opportunity to gradually decide on landscape, architectural solutions, and the future layout of the house.

Construction materials

After studying the experience of others, you will develop your own preferences in materials for construction. Moreover, in standard projects they are already defined. Of course, there is some possibility of replacement, but only with the approval of a specialist.

Example: it is not very critical to change the color or texture of the brick - the architectural appearance will change to some extent. But it is unacceptable to change its type - the weight of solid bricks is greater than that of facing bricks - as a result, a significant increase in the mass of the walls.

For individual design, it is already important to decide on the material from which the house will be built:

1. Brick. It is distinguished by strength, durability, environmental safety, high frost resistance and sound insulation. But brick absorbs heat and moisture well. And the main disadvantage is the high cost.
2. Aerated concrete. It has optimal price-quality ratio. The main advantages of the material are excellent noise and heat insulation, which helps reduce heating costs.
3. Tree. The classic version used for construction is distinguished by its aesthetics, environmental friendliness, durability and attractive appearance. Low fire safety, long-term shrinkage and the risk of cracks are the disadvantages of wood.
4. Frame houses. Relatively low cost of construction work, speed of construction and good performance characteristics are the main advantages of the buildings. Disadvantages - the slightest miscalculation, or an error at the construction stage is critical and can lead to very serious consequences. A constant feeling of some kind of “temporariness”.

When choosing a material, you must be guided by the climate, operating conditions and personal requirements for the future home.

Development of design documentation for STU

If the requirements for the safety and reliability of an object established by regulatory documents are not enough, then according to clause 5 of PP No. 87, design must be carried out according to special technical conditions (STU).

These are technical standards developed for a specific object that determine the features of design, engineering surveys, construction work, operation of erected buildings and, if necessary, even dismantling of objects. They must be taken into account, otherwise the examination of the project documentation will be negative.

As an example of preparing a project according to STU, you can consider an apartment building, the height of which is more than 75 meters. Since the set of rules SP54.13130.2011 contains only standards for buildings up to 75 meters in height, therefore, such a house will require special technical conditions.