Questions about notifying the municipality about the construction of a house:
- Why do you need to notify local authorities about planned construction?
- What kind of private housing can be built.
- How to write a building planning notice.
- Form of notification of planned construction or reconstruction.
- .
If previously, when constructing an individual residential building, it was necessary to obtain a construction permit, now, according to Article 51.1 of the Town Planning Code, before starting construction, the owner or tenant of the land plot is obliged to notify the Administration about the planned construction.
The notification norm for the upcoming construction of an individual housing construction project has been in effect in Russia since the end of summer 2018. Previously, for such housing it was necessary to first obtain a construction permit, then permission for operational commissioning in the BTI (after construction). Previously, garden houses did not require a building permit.
Now, if the landowner intends to build a residential cottage or garden house on the site, the municipal administration must be notified. By the way, for new-building and garden real estate, a similar notification procedure has been in effect since the spring of 2019.
We will tell you how to properly notify the administration of a locality about the upcoming laying of the foundation for an individual cottage.
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.
What kind of private housing can be built
On individual housing construction lands, it is allowed to build detached residential buildings that meet the basic conditions (clause 39, article 1 of the Town Planning Code):
- height – up to 20 m;
- number of storeys – up to 3 levels (above ground).
Private construction of individual housing construction, including residential and auxiliary premises, is intended exclusively to satisfy the household and other living needs of citizens. Division of individual housing construction into independent real estate objects is not permitted. The conditions for the design and construction of an individual housing construction cottage must comply with current rules (for example, SP 30-102-99).
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:
- For areas allocated for individual housing construction, the document is drawn up before the start of any work.
- 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.
Documents for building a house
Before the customer is issued a building permit, it is necessary to collect a number of documents:
- Application for permission
- Land ownership document
- Land cadastral
- Site plan (issued by the Administration)
- Detailed house design (indicating the area it will occupy, the exact number of rooms and floors)
- Passport
All documents are provided in the form of photocopies, but you must have the original with you in order to compare it with the copy.
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
PROS
If they have their own land, people often decide to build a private house (individual housing construction project). In this case, the owner has a number of advantages:
- LUs have the right to participate in various government programs.
- A person does not depend on other owners (provided that the plot is not owned by a group of people).
- It is possible to construct a residential building without restrictions and additional problems.
- The owner has the right to be assigned to the property and use the services of hospital, government and other institutions.
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
The procedure for obtaining permission at different stages of construction
When reconstructing several buildings located on the same plot of land, if one of them is put into operation earlier than the others and is used independently of other parts of the whole object, the concept of the reconstruction stage is defined.
A separate permit is issued for the reconstruction stages. This is necessary if the design documentation requires passing a state examination. In this case, at the initiative of the developer, the preparation of project documentation is carried out for each stage.
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.
What is a temporary permit and how to get it?
Preparing a site for work takes a lot of time, therefore, in order to reduce the overall construction period, it is envisaged to obtain a temporary permit, which provides the legal right to preliminary equipment of the above-mentioned site while the main permitting document is being agreed upon.
The time gain is approximately a month. To begin preparatory work, a city plan of the site is required (valid for 3 years).
Having received a temporary permit to prepare the site, you can do the following:
- dismantling of existing buildings;
- clearing the site of debris;
- geodetic works;
- layout of roads and utility networks.
A temporary permit only allows for the preparation of a construction site. It is prohibited to begin other work, such as laying a foundation, during this period! This requires obtaining a Permit.
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
WHEN CAN YOU NOT GIVE PERMISSION?
The considered procedure for obtaining a permit is simple, and with the right approach, obtaining paper with approval for the construction of a private house is not difficult. But there are situations when such documentation is not necessary. In 2021, you can avoid bureaucratic procedures for the following objects:
- A garage that is being built on land allocated for personal use. However, commercial activities are prohibited.
- A plot of land (PL) is provided for vegetable gardening or horticultural purposes.
- The structure does not belong to the capital construction project (pavilion, kiosk, etc.).
- Minor changes are made to structural elements.
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.
Requirements for borrowers
According to the expert, banks treat their borrowers individually. It is not uncommon for a person to receive refusals from four financial institutions and approval from a fifth. General rules for refusing approval:
- current loan debt;
- low credit rating;
- bankruptcy of the borrower in the last five years;
- high debt burden;
- debts from enforcement proceedings (fines, alimony);
- low liquidity of the facility under construction;
- age above the “threshold”.
At the same time, attitudes towards the age of borrowers are becoming more and more loyal. Some financial institutions limit it to 65 years, as there is a noticeable tendency among Russians to strive to meet their retirement with dignity in a private home.
“Houses built for personal use and especially according to their own design have low liquidity,” explains real estate investment expert Andrei Mozol. “This means that when trying to sell such a house, the seller will face low demand. Homes typically take three to five years to sell. The exception is the last year and a half, when increased demand was stimulated by the pandemic.”
According to the expert, this is the main reason why banks refuse to issue mortgages or increase the interest rate, thereby reducing the demand for these loan products. Banking organizations see such lending as a risk, since if the debtor stops paying the mortgage, the property will have to be put up for auction and there is a high probability that it will not be sold at a price close to the market price.
