Obtaining a building permit is considered an obligatory stage for those who plan the further construction of any objects, including an individual residential building. This requirement is put forward by the Town Planning Code.
Features
The construction document gives the subject the right, as well as confirms the fact that the project documentation does not violate the site plan and does not contradict the land surveying. In fact, the permit is a paper, according to which the authorities allow the building or reconstruction of an existing facility. If you neglect to receive the document, in the future you may encounter various problems.
If you are interested in obtaining a building permit, you will find out the date of issue a little later, it is important to follow the procedure for obtaining the above-mentioned document.
The whole process of registration is recognized as mandatory for the reason that this approach allows representatives of local authorities to more closely monitor construction and installation companies. In addition, the procedure for obtaining permission includes an objective assessment of projects, which is carried out by specialists.
Norms and Requirements
Legislation without fail requires a permit, which gives the right to carry out construction. This document confirms the fact that the architectural design does not contain a violation of the requirements and norms in force in construction. This allows you to make sure that the future facility will be safe for people in it, will not harm the environment or existing infrastructure.
The documentation must comply with the following standards and requirements:
- Town Planning Code.
- Sanitary and epidemiological, as well as building codes.
- Norms of technical supervision.
- Fire safety requirements.
Do I have to get permission?
Even before collecting the necessary documentation and contacting the relevant authorities, it will be useful to find out whether a permit is mandatory in your case?
If we are talking about building an individual house, you need to find out what type the land belongs to. If it is intended for individual construction, in accordance with the established standards it is necessary to obtain a permit document. If the land plot is intended for gardening or a summer house, a similar procedure can be avoided in accordance with the "summer amnesty".
However, construction without permission may have negative consequences. If you first build an object and only then turn to electricity and gas suppliers, it may turn out that they will not provide you with their own services.
But back to the "summer amnesty." The essence of this law is that for the registration of ownership of the constructed object does not require a permit confirming the commissioning. To obtain this document, in turn, a building permit is required.
There are separate situations enshrined in paragraph seventeen articles fifty-one of the Town Planning Code, when permission is not required:
- The construction of a garage on a site allocated for non-commercial use.
- The construction of non-capital objects such as stalls, pavilions, arbors, baths, etc.
- Construction of auxiliary facilities intended for the laying of utilities.
The consequences of a lack of permission
In most cases, the absence of the above document carries a lot of negative consequences. As a rule, an erected object cannot be connected to the necessary engineering communications. In some cases, he may even be threatened with forced demolition.
If the construction is carried out without appropriate permission, the owner of the object will not be able to register it with the BTI. This has some legal implications. Without documents, the actual owner will not be able to make any transactions with the object. He is not entitled to sell, rent or give an object.
Where to go?
The aforementioned document is authorized to issue by local authorities. Moreover, the potential owner needs to contact the authorities in charge of which is the territory where the land plot is located.
However, there are some exceptions that may also affect the time period for obtaining a building permit.
- Carrying out work in which natural resources are involved. In this case, you must contact the Ministry of Natural Resources and Ecology of the Russian Federation.
- The use of nuclear energy at the facility under construction. You will have to contact the Federal Service for Ecological, Technological and Nuclear Supervision.
- Carrying out construction work within the territories of historical settlements. It is necessary to agree on the procedure and deadline for obtaining a building permit in a particular subject of the Russian Federation with the executive authority, which is authorized to make decisions in the field of protection of cultural heritage objects.
- The construction of facilities intended for space infrastructure. Contact - to the State Space Corporation Roscosmos.
Order of receipt
It is important not only the period for obtaining a building permit, but also the process of the procedure.
First of all, you need to develop a project. This task cannot be called simple. For this reason, many entities turn to specialized organizations that are capable of performing similar work.
You can act on your own, but in this case, the period for obtaining a building permit may be somewhat delayed. After all, you have to collect the whole set of architectural as well as engineering documentation.
The next step is to submit an application, as well as prepared documentation to the appropriate authorities, which may vary in each case.
Next, the deadline for obtaining permission to build the facility comes into force. In accordance with the Town Planning Code, it should not exceed seven days.
You need to understand that according to the results of the review, you may be refused to issue a document. Further actions will depend on the specific reason.
What is the deadline for obtaining a building permit?
In accordance with the Urban Planning Code, the period should not exceed seven business days, which begin to begin from the moment all the required documentation is submitted.
If we are talking about the construction of an object on the territory of a historical settlement, the period of consideration can be extended to thirty days.
Required documents
The list of requested documents is quite extensive. For this reason, the terms for obtaining a permit for the construction of a private house can be very long.
So here is what you need:
- Title documents.
- Project documentation.
Title Documents
The main thing in this block is the certificate, the presence of which confirms the state registration of law. It can be replaced by a will, sale or gift agreement.
If the certificate is not issued, you may need a whole package of documents for its execution.
- Certificate of inheritance.
- Certificate of registration, if issued earlier.
- A document confirming the payment of state duty.
- Cadastral passport of the object.
- Application for registration.
Project documentation
If all title documents have been prepared, you can proceed to the collection of project documentation. In accordance with the Town Planning Code, the following items are included in this list.
- Explanatory note.
- The layout of the land.
- A project for the dismantling or demolition of pre-existing facilities.
- Architectural decisions.
- Construction Organization Project.
- Permission to reject some parameters.
- The conclusion of the examination. It must be positive. Otherwise, you will not be able to obtain a building permit.
The above package of documents relates to capital construction projects. The developer draws them up independently or contacts specialized companies.
In the case of objects of individual residential construction, the package of documents will contain a smaller list:
- Urban plan of the land.
- The layout of the object.
- Description of the appearance of the object, if the construction is planned on the territory of historical settlements.
Failure Actions
The behavior of the subject is highly dependent on the reason the government agency issued the refusal. As a rule, with such a solution, it is required to eliminate the discovered shortcomings. They are indicated in the response provided to the application for permission.
The subject has two options for further action:
- Eliminate these shortcomings.
- Appeal the decision by going to court.
Construction time after obtaining permission
In accordance with the law, this period is ten years. During the specified time, it is possible to carry out construction. However, the facility must be commissioned before the end of the specified period. If necessary, the period can be extended or additional permits for certain stages of the construction of the object can be obtained.
If an extension is necessary, contact the relevant authorities no later than sixty days before the expiration of the previously issued permit. Moreover, if the construction of the facility has not even been started, it is possible to receive a refusal to extend the validity of the document.
Now you know not only the terms of obtaining permission to build a house, but also the period of validity of the above document.
Possible reasons for failure
In accordance with the Town Planning Code, there are several reasons that may entail such a decision. Even the absence of one document from the list of required may lead to a negative consequence.
Also, a refusal is possible in case of non-compliance of the submitted documentation with current standards and requirements. For example, this occurs in the following situations:
- Construction in protected areas.
- The purpose of the site for the needs of the state.
- The absence of title documents confirming the existence of rights to the development of the land plot.