Obtaining a building permit: procedure, documents

The construction of a private house is a complex and specific procedure. During its implementation, numerous building and technical standards and requirements must be taken into account. Moreover, first you need to get permission to build the facility. If this document is not available, then this will be the basis for the recognition of the building unauthorized. Due to this, the owners of such a structure will be brought to administrative responsibility, and often the court makes a decision on the demolition of the object. Therefore, it is important to correctly draw up construction documents.

Why do i need permission?

Many developers are interested in why this document is required at all. Obtaining permission to build an object is mandatory for every person planning to build a private residential building.

Permission is issued only after studying the project for future construction and other important documents. Therefore, if there are any serious technical or construction violations in this documentation, this will be the basis for the refusal of construction work.

If permission to build a private house is not obtained, this will lead to the fact that the building will be declared unauthorized, so the owner will have to demolish it and also pay a fine of 7 thousand rubles. It is allowed to arrange the structure after its construction, but at the same time it will have to face many difficulties.

When do you need permission?

This document is not always required. In Art. 51 of the Town Planning Code indicates all structures for the construction of which permission is not required. These buildings and works include:

• utility buildings installed in the territory intended for individual housing construction;
• carrying out finishing work in residential premises;
• major repairs, and it should not lead to a change in the layout of the residential facility;
• modernization of the facility, but border changes are not allowed;
• the construction of garages, bathhouses or other small objects that are not used for permanent residence of people, and which are not used for profit.

All of the above facilities do not require a building permit. But they must still be registered correctly so that they have the property certificate or other documents.

When do you need permission?

If you plan to build an object that will be used for permanent residence or will be capital, then permission is required. To do this, it is necessary to prepare a lot of different documents that are transferred to the architectural department of the regional administration. Only after obtaining a building permit can you start work.

Even some overhaul and redevelopment work requires approval. This applies to situations where the size of the property changes or significant parts of the building are affected.

What requirements should buildings meet?

In order for the region’s administration to approve the construction of the planned structure, it must meet some significant requirements. Obtaining permission to build a residential building is considered a difficult process, so it is important to study all the conditions for the future object in advance. These include:

• there must be at least one living room in the building;
• the size of the living room should exceed 12 square meters. m., and for the bedroom is set to a minimum quadrature within 8 square meters. m .;
• a kitchen is needed for a residential building, and it must be larger than 6 square meters in size. m., and if it is planned to install a heating boiler here, then the size of the room increases to 8 square meters. m .;
• it is impossible to obtain permission to erect an object if the necessary communications are not connected to it or there is no bathroom;
• indoors, the height of the walls should be at least 2.7 m;
• the distance from the building to the border of the site should exceed 3 m;
• residential premises must be connected to various utilities, which include electricity, gas, heating and good ventilation.

All requirements are listed in SNIP 55.13330.2011, related to construction design. If you plan to build an object that does not meet the above requirements, then obtaining a building permit will be difficult.

Agreement process

The procedure is not considered too complicated if you understand the correct sequence of actions. The procedure for obtaining a building permit involves the following steps:

• initially, a competent statement is prepared, sent to the administration of the region;
• A sample of this statement can be found directly in the city administration;
• other documents that are relevant to the future structure are attached to it;
• then the process of reviewing documentation by regional authorities begins, and it usually takes about one month in time;
• after this period the applicant receives a written response, which may be not only positive, but also negative.

If a refusal to build an object is received, then the authorities of the region will certainly inform the reasons for such a decision. Often the refusal is unreasonable, and under such conditions, you can go to court to challenge it. The most difficult thing is that you need to prepare numerous documents for obtaining permission to build a house. Often their collection takes too much time, and if even only one paper is missing, this becomes the basis for refusing to coordinate the construction.

What documents are required?

Coordination involves the transfer to the administration of the region of certain documentation. What documents will be required to obtain a building permit? They may be different, but are standardly required:

• a resolution on the basis of which the citizen received a plot for the construction of a private house, which can be replaced by the property certificate or other land papers;
• plan of the available territory;
• project documentation, which should be developed exclusively by experienced specialists, as it is not allowed to have any errors or violations in the plan that may cause non-compliance with various building standards and requirements;
• technical plan for the site;
• master and situational plan;
• Act of Ural State University of Law;
• the results of the examination to which the project papers are subjected to determine the feasibility of implementing all of the listed works
• if during the process the boundaries of the territory are violated, then it is required to first obtain permission for this from neighbors and the administration of the region;
• a license for construction work held by the organization that will be involved in the implementation of the project;
• the applicant’s passport, which should be the owner of the territory where the construction is planned;

Administration staff may require other documents to obtain a building permit if certain details need to be clarified.

Can I use the simplified procedure?

If you plan to build an object in which there will be less than three floors, then the approval procedure is greatly simplified. Obtaining permission to build a house in such a situation does not require the preparation of numerous complex documentation.

For this, documents are prepared:

• documents confirming the right to the existing territory where it is planned to engage in the construction of a house;
• urban development plan of the earth;
• a scheme in which it will be seen exactly where the future capital object will be located.

To use this method, the correct registration of the site is required. In addition, various examinations, confirmation of compliance with construction standards and other documents may be required to obtain a building permit. If there are several owners of one territory, then applications from all co-owners are needed.

What to do after approval?

After obtaining a building permit in 2018, the developer must submit the following documents to the administration within 10 days:

• layout of the plan;
• a scheme on the basis of which communications will be brought to the house;
• area of ​​the planned building;
• building height;
• documents indicating the number of floors in the building.

The permission obtained is valid for 10 years, so during this time it is necessary to complete the construction process and register the object. To extend this period is allowed only if there is evidence of construction work. It is necessary to apply for an extension two months before the moment when the permit ceases to be valid.

Coordination Nuances

The approval procedure is carried out taking into account some features:

• refusal to issue a permit is usually due to the absence of some necessary documents;
• documentation is reviewed within 10 days, after which the applicant is notified of the decision;
• the provision of permits does not lead to any financial obligations, therefore it is not required to pay a fee or tax;
• even if the owner of the land changes, the permit will still be valid.

If the administration delays the time for granting permission, then you can go to court.

The consequences of a lack of permission

Often people are engaged in the construction of facilities without prior approval of this process. Since no time is allocated for obtaining a permit for individual construction, then after the completion of the construction process, an illegal construction is obtained. Under such conditions, there are some negative consequences:

• it will not be possible to connect the building to various central communications, which include heating, gas, electricity or water supply;
• if you do not deal quickly with the process of legalization, this will lead to the fact that the authorities will decide on the demolition of the facility;
• if inconsistencies and violations of building codes or fire safety requirements are detected, then it will not be possible to legalize the structure, therefore it is subject to mandatory demolition;
• violators are brought to administrative responsibility, represented by large fines;
• the object cannot be registered in the BTI and registered with the Rosreestr.

Due to the above factors, it is optimal for every person planning the construction of a residential facility to take care of coordinating this process in advance.

Which objects are illegal?

Unlawful objects include buildings in situations:

• lack of a timely issued building permit;
• during the construction of the facility, various significant construction, sanitary or epidemiological standards were violated;
• the building does not comply with fire safety requirements.

To recognize a building in the above situations as legal is possible only through a court. To do this, you will have to prove that the building does not infringe on the rights of others, does not pose a threat to people's lives, and the land under it is correctly registered.

The consequences of illegal construction

If you ignore the requirements of the law, then this always leads to negative consequences. Will have to go to court for legal registration of the house. It will be practically impossible to sell it without a building permit.

It will not be possible to take out real estate insurance or provide it as a security. Federal Law No. 243 clearly states that the construction or reconstruction of a capital structure should be carried out exclusively with a permit for this process. If these requirements are violated, then a fine is imposed:

• for individuals in the amount of from 2 to 5 thousand rubles;
• officials pay from 20 to 25 thousand rubles;
• for entrepreneurs, a fine is imposed in the amount of 20 to 50 thousand rubles;
• and if there is no approval for construction by the company, then the fine can reach 1 million rubles.

Therefore, it is better to initially issue a permit for which you do not need to pay any funds so as not to encounter many negative consequences later.

Coordination Nuances

Any person or company planning the construction of a capital facility, as well as the reconstruction of an existing building, should be aware of the need to coordinate these processes. This takes into account some of the nuances of the procedure:

• an application for approval is submitted to the local administration;
• only with permission will it be possible to register the object in Rosreestr;
• upon approval, numerous significant fines or other problems with supervisory authorities can be avoided;
• without the necessary papers, one should not start any work on the ground at all;
• it is recommended that you first find out from the administration employee exactly what documents you need to collect;
• when transferring documentation, you must take a receipt from the responsible person.

Thus, the construction of any object should be carried out after preliminary approval of the procedure. To do this, contact the administration of the region where the work will be performed. It is important to carefully understand the rules for the implementation of this process, in the necessary documents for this and the emerging nuances. Only with permission can you avoid the many problems associated with the construction and registration of objects.