Even if you have your own land plot, you will not be able to arbitrarily build any real estate object on it. To do this, you will first need to obtain permission to build a house (a list of documents required for this will be presented later). Of course, you can try to get around the Town Planning Code, but subsequently you will have problems with putting the building into operation. This document confirms that the project and site plan comply with all legal standards. Let's look at what is needed to obtain permission and how this procedure generally happens.
general information
Before you find out what list of documents for a building permit is needed, you need to understand what this permission is. In fact, this is an official paper in which regulatory authorities confirm that the project documentation you developed and the layout of the land plot meet the basic requirements specified in the Town Planning Code.
According to Russian law, a permit for the construction of a linear facility (the list of documents is standard) is issued by the state body of local self-government, which manages the region in which the land is located. However, there is one caveat.
You will have to contact other structures if:
- construction is carried out using the lower layers of the earth's crust;
- a nuclear fuel powered source will be installed at the facility;
- the construction of the building is planned in the territory of historical value;
- the purpose of the property will be related to space infrastructure.
In any of the cases listed above, a permit for the construction of a private facility is issued by the appropriate agency, whose activities are related to a specific task.
Why do I need a document?
Let's dwell on this in more detail. A permit for the construction of any property is intended to confirm the compliance of the architectural project with the building standards stipulated by law. The thing is that any buildings, regardless of purpose, must have a high level of security so that there is no threat of harm to people, the environment, as well as other objects located nearby.
Design documentation should consider the following factors:
- provisions spelled out in the Town Planning Code;
- building codes;
- SES requirements;
- fire safety regulations;
- engineering standards of technical supervision.
If any errors are made in the project or it does not take into account all the requirements, you will not be able to obtain a building permit on your own site. The documentation is checked by regulatory authorities very carefully, therefore, its development must be approached very seriously.
What happens if the building is constructed bypassing the law?
This aspect should be given special attention. Next, a list of documents for a building permit will be considered, however, first you need to talk about the consequences of building a house without it. Firstly, the building is considered illegal, therefore it cannot be connected to communications, and secondly, it will not be possible to perform any operations with it, namely:
- to sell;
- to rent;
- transfer to the ownership of another person.
In addition, the local government may decide on forced demolition. In this case, you can not do anything, and all the financial resources spent on construction will be simply wasted.
Architectural project development
So, how do you get permission to build a house? The list of documents is indicated in the Town Planning Code, but even if you collect the full package, it still does not give a 100% guarantee that they will issue it to you. It is very important to do everything right. First of all, you need to develop a project for the construction of the facility. It will be impossible to independently compile it, without having any experience or special knowledge, therefore it is best to turn to professionals for help. They will provide ready-made projects, and if you do not like any, they will develop it from scratch.
After the architectural documentation is ready, it will be possible to begin the process of obtaining permission. You can find out in detail about how everything happens from article 71 of the Town Planning Code, and the main points are described later in this article.
Obtaining permission to build a house
So what do you need to know about this? The procedure for processing the documents required for the construction of a residential building is the same as in the case of reconstruction of any objects. The only difference is that here the list of documents for Gosstroynadzor for a building permit is less, so to prepare the full package you will need to make a little effort and spend time. This is due to the fact that a residential building must meet certain requirements, which greatly simplifies the process of developing an architectural project.
For paper, you need to contact the multifunctional center at the location of the land. It is important to understand that on one square only one residential building and several buildings for household purposes can be registered. For the latter, permission is not required.
In this case, the house must necessarily meet the following requirements:
- number of floors - no more than 3;
- living room - 12 square meters. m;
- bedroom - 8 square meters m;
- separate bathroom;
- the width of the corridors is not less than 85 cm.
All this should be taken into account even at the stage of development of an architectural project. If it does not take into account the above norms, the regulatory body will refuse to issue you paper.
What objects can be built without permission
In the modern world, the construction of not all buildings requires coordination with government agencies. This practice is acceptable for our Belarus neighbors. A building permit in Belarus (the list of documents is the same as for Russia) does not need to be obtained during the construction of the following buildings:
- a private garage;
- various accumulative objects, for example, baths, permanent premises for storing supplies, summer gazebos and so on;
- extensions to the house, which needs a supply of communications or electrical connection;
- intracomplex connections.
Any of these objects can be built without permission, since the Urban Planning Code does not stipulate any requirements for them.
Application
So how is it going? Having decided to build any residential property, the developer must contact the local MFC, which serves citizens and provides any public services. Here you will need to submit an application, which is considered within one day. In this case, you need to provide a detailed textual and graphical description of the structure, which should include the following information:
- basic parameters of the building;
- color performance;
- what building materials will be used;
- facades.
If you will order a finished project in a company specializing in their development, then this information will already be indicated in it.
What do you need to prepare?
So, what is the list of documents for obtaining a building permit? The required package includes the following:
- architectural project;
- passport;
- statement of established form;
- document confirming the ownership of the land;
- loan agreement, if the object was purchased in a mortgage;
- registration certificate;
- receipt of state fees;
- extract to the site from the cadastral register.
In addition to the main package, you will also need to prepare project documentation in advance. It includes the following set of papers:
- explanatory note;
- a copy of the layout plan, which includes all the buildings, walkways and porches;
- copy of the planning layout of the land plot with the boundaries indicated by red lines;
- architectural and design solution;
- design documentation for the dismantling or demolition of the building;
- master plan of engineering networks, systems and communications;
- Pic;
- description of the accessibility of the facility for people with disabilities;
- expert opinion on the compliance of design documentation with all standards and requirements;
- regulatory approval to deviate from certain parameters;
- consent of the property owner to carry out restoration work.
This is a complete list of documents for permission to build individual housing construction (individual residential construction). To collect all the necessary information, you will need to spend a lot of time and pretty much run around to various instances, so it is recommended to start preparing a package of papers in advance.
State expert opinion
Above was a list of documents for a building permit. One of the most important is the expert opinion on the compliance of the architectural project with all the requirements of the Town Planning Code. This procedure is handled by the local government. You should contact him only after you have a full package of documents on hand. You can also use the services of independent agencies, but in this case, in addition to the conclusion, you also need to provide a copy of the accreditation certificate to the MFC.
You will also need to get a town plan for the land. However, there is one very nuance. It should be issued no earlier than 3 years before the proposed construction. The document can be obtained at the architectural department of the city administration. You don’t have to pay for anything.
You need to have the following with you:
- topographic survey of the object with the location of all structures;
- passport;
- standard statement;
- cadastral plan;
- technical passport of the object.
If you have this list of documents for a building permit, then there should not be any special problems with obtaining the required papers.
Terms of consideration of applications and decision making
After you collect all the documents and submit them for verification to the multifunctional center, you should receive a response no later than 7 working days. This period is stipulated by law, therefore, if it is delayed, you can file a complaint with the appropriate structure. The only exceptions are territories of settlements of historical value. In this case, the decision may take one month.
What if you were refused?
This question is worth dwelling in more detail. If you have all the certificates that require a mandatory list of documents for issuing a building permit, then this still does not guarantee that you will not be denied the construction of a residential building. There are many cases when citizens did everything in full accordance with the requirements of the current legislation, but were refused.
If this happens to you, then you will receive an official document stating the exact reason for the rejection of the request for a building permit. After its elimination, you can submit a second application. Alternatively, you should try to appeal the decision of the local government through a court.
When filing a claim, you will need to provide the following information:
- address at which the authority is located;
- F. I. O. and contact details;
- name of the authority with which you have a conflict;
- a detailed explanation of what happened;
- request for recognition of the refusal unlawful.
You will also need to have the original and a copy of your passport with you, as well as the documentation with the MFC’s decision.
What to do if the paper has expired?
The issued permit is valid for ten years, but it often happens that the owner of the land does not have time to finish the construction of the house and put it into operation on time. In this case, an extension of the building permit is required. The list of documents includes the following:
- passport;
- initial authorization;
- information on the progress of construction work;
- statement of the established form.
If, instead of you, another person applies to the local government, then, in addition to all of the above, he must have a general power of attorney with him. It is worth noting that applying for an extension must be submitted no later than 60 days before the expiration of the original paper. Renewal procedure is free.
That, in fact, is all you need to know about obtaining permission to build a residential building or a country cottage. If you are not very well versed in all legal formalities, it is better to consult a specialist.