Most of the Russian population does not know the laws and regulations regarding the construction of houses, and other norms related to the urban development sphere. In addition, these people believe that, having ownership of the land, they have the right to erect any structures on it that they want. This opinion is erroneous. Such buildings are considered illegal, and the owner will be held accountable. Therefore, if you want to build something on your land, you must obtain the appropriate permission.
What is a building permit for the Civil Code of the Russian Federation
According to the norms of the Town Planning Code, a building permit is a document confirming compliance of the documentation presented in the form of a project with the following standards established:
- urban planning regulations;
- territorial planning project;
- boundary project of the territory, if the construction or reconstruction of capital construction projects of linear and non-linear types;
- the permissibility of the location of the construction project on a plot of land depending on the permitted uses and the restrictions established for this plot.
If the developer has a permit for the construction of private housing, he has the right to build or reconstruct capital facilities, if this does not contradict town-planning legislation.
Consequences of construction without permission
If the owner of the land plot was going to build a private house on it, he needs to find out the following points:
- Which institution should apply for permission.
- What documents are needed for a building permit.
- What information you need to submit.
- Who can I contact for expedited proceedings.
If the owner decided not to settle all these issues, to carry out his plan without permission to build individual housing construction, his actions will be declared illegal. He will be deprived of the right to register ownership of the constructed house, or even be forced to demolish it.
Building permit issuance cases
Permits for capital construction are issued in the following cases:
- If the construction object will be built on a plot of land that is provided to the user of land resources for the implementation of the use of these bowels (permission is granted by the federal governing body responsible for the state subsoil fund).
- If the object is a means of using atomic type energy (a permit is submitted by an organization that uses atomic type energy, as well as the state administration of activities for the development, manufacture and disposal of weapons and nuclear-type installations used for military purposes).
- If the object belongs to the space infrastructure (under Article 51 of the Civil Code of the Russian Federation, permission is granted by the State Corporation for the Activities of the Space Organization Roscosmos).
- If the facility belongs to hydraulic structures of the second or first class, airports, aviation facilities, railway facilities, consulates, embassies, Russian missions abroad, defense facilities, security facilities that ensure the security of the Russian border, border facilities and others that are supposed to be built on the territory Russian continental shelf, marine inland waters or territorial sea (permission is granted by authorized federal and additionally authorities).
- If the object of construction or reconstruction is located within the boundaries of the natural protected area (according to Article 51 of the Civil Code of the Russian Federation, the permit is granted by the executive authority at the federal or municipal level or at the level of the subject).
Building permit issuing authorities
According to the Civil Code of the Russian Federation, a building permit under the general rules is issued by the following bodies:
- authorized federal executive authorities (if the construction or reconstruction facility will be located in the territories of two or more Russian entities);
- by the authorized executive bodies of the subject (if the construction or reconstruction object will be located in the territories of two or more municipal regions).
List of documents for obtaining a building permit
Before starting construction work, it is necessary to find out what documents are needed for a building permit. Building permit - a document that is able to certify that project documents comply with the requirements and norms of the site plan (urban planning), and provide the developer with the full right to start the construction process.
In some cases, the law allows dispensing with a building permit. One of the permits is Federal Law No. 93 of 2006, which defines such a concept as “summer amnesty”.
According to this document, the consent of the relevant authorities for the introduction of an immovable object for use is not necessary if it comes to the construction of an individual residential building, which was built on a land plot within the settlement, if this plot is used for farming.
You can obtain permission to put such a home into operation upon submission of the established Art. 51 GRK RF building permit. Country amnesty allows state registration of the right to this property when submitting documents confirming the fact of construction of this immovable object and containing a description of the house. Such a document is exclusively a cadastral passport of an individual residential building.
If such real estate will act as the subject of the transaction in an unfinished state, then prior to state registration it will be necessary to coordinate the construction.
List of documentation required to obtain permission
The seventh part of Article 51 of the Code indicates what documents are needed for a building permit. This list includes:
- Application from the developer.
- Title documents relating to a plot of land.
- Urban planning plan for a plot of land.
- Materials contained in the design documentation.
- Explanatory note.
- Scheme-plan of the land plot corresponding to the urban development plan, indicating the presence of signs of the construction site location points, as well as all approaches, access roads to the construction and the boundaries of the public areas of easements or archaeological heritage sites.
- Planning scheme for a land plot, confirming the placement of a linear type facility within the red line, approved in the territory planning documents for linear type facilities.
- Image of architectural schematic solutions.
- Information related to engineering equipment, as well as a master plan for engineering supply networks, which is characterized by the availability of points for connecting the construction site itself to these networks.
- Design documentation for the organization of the construction process in relation to the object.
- Design documentation relating to the organization of the demolition or dismantling of a construction project and its constituent parts.
- The permissive conclusion recorded in the examination of design-type documentation issued by the state body, as well as the affirmative conclusion of the state environmental review of design documentation (for the sixth part of Article 49 of the Code).
- A permit document relating to deviations from the boundaries of the parameters of permitted construction or reconstruction works.
- Written approval of the reconstruction of the facility from all of its copyright holders.
List of documents for private developers
Such persons include persons planning to build a house for a family (one), if its height does not exceed three floors. For them, the answer to the question of what documents are needed for a building permit includes only three points:
- title documents for a land plot (certificate confirming the registration of rights, a document on the allocation of a land plot or other similar);
- urban development plan for the land;
- layout distribution scheme.
There is a difference where to get the urban development plan of the land plot and organizational chart. The scheme is a handwritten indication of the location of the house on the land plot, and the urban development plan is an official document that must be taken from the administration of this locality.
Most often, the administration issues a complete list of documents that need to be collected and submitted to draw up such a plan. The list includes technical conditions (for electricity, water and gas supply, sewage), topographic topical survey of the land, reference documentation from the organization involved in the protection of cultural heritage sites, and the design of the house.
At the legislative level, the solution to the question of how to obtain permission to build a country house is simplified. According to legislative norms, it is only necessary to submit an application from the developer, and all other documents must be collected by the local administration. This provision is also enshrined in the Decree issued by the Supreme Court of the Russian Federation.
The document authorizing the construction applies only to the land. He is not tied to either the owner-citizen or the owner-organization.
There is one exception to the filing rule for private developers. If an immovable object is being built for more than one family (for example, a town house or an apartment building), the developer will have to submit a full package of documents for the seventh part of Article 51 of the Code.
Cases when a building permit is not needed
There are situations when you do not need to get permission at all. These include:
- Garage construction on a plot of land provided to a person for non-entrepreneurial activities, or building a house for the implementation of horticultural or suburban auxiliary purposes.
- Construction or reconstruction of immovable objects that are not capital (awnings, kiosks, prefabricated structures, etc.).
- Conducting construction on the land plot of auxiliary operational facilities.
- Implementation of changes to the capital object or its parts, if these changes do not affect the structure or other properties of the structure in the field of safety, and are also within the boundaries of the permitted construction or reconstruction established by the regulations of the relevant Code of the Russian Federation.
Actions for obtaining a building permit
An indication of who issues a permit for the construction of a private house can be found not only in the relevant code of the Russian Federation, but also in the law regarding summer amnesty. According to general rules, the issuing authority is the local executive authority at the location of the land. The exception is only the above-mentioned certain construction objects.
Even during the construction of a private house, permission must be obtained if it is necessary to issue a special-purpose loan at a banking organization to receive the missing funds. Also, permission will be needed if the built house will need to be connected to the gas supply.
Required documents
The following documents are included in the general list of documents:
- a written statement that will need to be sent to the head of administration of the desired locality;
- passport (personal) data of the developer;
- documents on the land plot, which are of a title character;
- urban planning plan;
- scheme for organizing a land plan.
After submitting the necessary documents for issuing a permit, a ten-day period is set (calculated in working days). During these days, a check is carried out on the conformity of these schemes with the actual location of the structure and urban planning standards.
The building permit for the construction of a residential individual house is valid for ten years. Then it will need to be updated.
If, after checking the documents, the applicant was denied a building permit, it can be appealed through an appeal to the judicial authority.
Obtaining permission is a lengthy process. Even if you know where to get the urban development plan of the land, how to draw up all the documents. At the same time, construction in the absence of this document threatens the developer with the imposition of penalties or the obligation to demolish the erected building.