Many owners of land plots dream of building a comfortable house that will be built taking into account all the technical standards and their own preferences. But the fulfillment of a dream is often postponed: to start any work, you will need permission to build a house on your own plot - in 2017, without coordination, you will not be able to get a construction loan, connect utilities, arrange the building to be a property. But to be fined for breaking the law is quite likely.
Construction begins with the development of design and permitting documentation
In fact, this is a document that confirms:
the right of the owner to build an individual structure on the land belonging to him;
compliance of the developed project with urban planning land plan.
Issues related to the execution of a permitting document are governed by the Town Planning Code (Article 51), where it is noted that it represents the following set of information:
results of the survey (if the need arises);
what actions in the future may be manufactured with a built building.
Any actions related to the construction of a residential building
are subject to approval. the intention to put your house firmly, first you need to decide whether you need permission to build a house on your own plot. In 2017, it will not be possible to do without it only on the grounds that the land is registered as a property, that this is a plot for individual housing construction (individual residential construction).
Getting approval is mandatory for land plots for individual housing construction, regardless of whether a house is built on a leased or own plot. In addition, without a permitting documentation, it will be difficult to put a house on cadastral registration, since it is necessary to legitimize samostroy through court.
is required, the document entitles the owner to any actions relating to the building:
With permission on hand, you can avoid fear of litigation over the boundaries of the site. Lending becomes available crediting and use of maternity capital.
From how carefully and correctly the development of the project of the house is carried out, depends on the speed of the decision to authorize the construction of a residential house
A part of the land may fall into the conservation zone or security zones of communications may be located on it. Such nuances limit the possibilities of construction. But the landowner may not be aware of them before receiving the agreement.
A building erected without permission is difficult to legitimize. To seek recognition of the structure of your property will have to through the court. But in this case, the state authorities legally recognize it as unauthorized. You can get the appropriate document, but this will be the ownership of the samostroy.
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 drawn up before the start of any work.
If the land was provided for a garden or a garden, then permission to build a country house will not be required.
You can safely build without approvals:
any structure on a plot allotted for summer cottage or a garden (on agricultural land), without the right to register it as a dwelling - such a building will be considered a temporary building;
For the construction of a temporary garden house on the dacha The plot for the construction of a country house is not required.
any non-capital building (bath or garage, carport or hotbeds) on a private plot.
In the second case, the main condition is that the object being constructed should not be used for commercial purposes.
Owners of land for individual housing construction can:
build a house without transferring land to another category;
expect to participate in state programs supporting construction;
after registering at the site to use the services of social institutions, including the local hospital and school.
There are also disadvantages. The landowner will not be able to build several houses on his land or a building above three floors to accommodate several families.
The simplest option is to apply to the MFC (multifunctional center). Here you can also pick up the finished approval.
But if you want to get more detailed recommendations of specialists on a set of documents and on the procedure for obtaining a ready approval, it is better to contact the territorial department of architecture. Engineers of this body are directly involved in obtaining permits for the construction of an individual residential house.
The architecture department
performs the final inspection and execution of the building permit for building a house on its own plot. On our website You can find contacts of construction companies that offer the service of designing houses. Directly to communicate with representatives, you can visit the exhibition of houses "Low-rise Country".
An individual developer may also face the need for additional approvals:
for work related to subsoil use, the consent is issued by the Russian Ministry of Natural Resources;
for registration of construction work near nuclear facilities will have to visit the Federal Service for Environmental, Technological and Nuclear Supervision.
Additional approvals are not required for all site owners.
Issues related to obtaining permission to build a house on the site are discussed in detail in the video:
The list of required documents includes:
landlord’s identity card (if issued through a representative - power of attorney);
documentation establishing the legal right to a plot of land;
town planning plan;
project documentation, including information on engineering communications , explanatory note and . p .;
positive opinion from an independent expert (if expertise is required);
Important! If expertise It was conducted by a non-governmental body; a document confirming the authority of the organization is required.
Sample urban development plan for a land plot
For verification of the submitted documentation, including verification of the project with the urban development plan, The authorized body is given 10 days.
As a result, permission is either granted or it will be denied.
When submitting documents, the reason for refusal may be:
incomplete set of documents;
papers do not meet the requirements;
the wrong person has applied.
Refusal after reviewing documents:
the dimensions or technical and economic indicators of the future structure do not correspond to the Civil Code of the Russian Federation.
Part of the problems that have arisen can be solved on the spot. In the event of a dispute, the decision has to be challenged in court. This can be done immediately after receiving a formal refusal response.
To challenge the decision in court, get an official refusal
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Permits are issued free of charge. You have to pay for the services of various organizations, without whose participation the documentation cannot be fully prepared:
a topographical plan costs from 10,000 rubles;
FALM - within 5,000 rubles.
The permit for the construction of an individual residential house obtained in 2017 remains valid for 10 years. This period is sufficient to complete the construction of the construction site (possibly reconstruction).
If necessary, you can temporarily freeze construction work - the permit to build a house for IJC remains in effect for 10 years
The developer must, within 10 working days after receiving the approval, submit to the issuing authority additional documentation on the number of floors, engineering networks, area of the object, etc.
The document will be suspended for a time if:
special works are performed without the required permission;
there is a threat to people's health and life;
violated rights lzovaniya neighboring land.
If the violations are eliminated completely (it takes from 10 to 90 days), the permission will be renewed. However, the time allotted for construction is not postponed.
Validity can be extended to a maximum of 3 months if construction work has already begun.
To do this, you need to adjust the calendar plan and, along with the rest of the documentation, transfer it to the institution that issued the permit. This should be done 60 days before the end of the approved period.
If construction work is already underway, you can extend the approved deadlines by 3 months
if necessary A complete cancellation of the permit is possible if
the reasons for which the permit was suspended were not eliminated;
continued work resumed a threat to the public;
damage to engineering networks;
urban, sanitary or building codes are violated;
significant violations are detected project;
ignored contractual obligations when performing construction or reconstruction works;
it was not enough three months to eliminate violations that threaten the life and health of people.
To resume work in such cases, you will have to obtain a new permit.
It may be interesting! In the article on the following link read about the construction change house.
The essence of federal law No. 93 of 2006, which received the name of “dacha amnesty” among the people, is as follows: citizens who have received allotments before 30. 10. 2001 land, have the right to issue a plot and built on it houses and other buildings in the property and register in the Federal Registration Service under the simplified scheme, presenting a cadastral passport.
About the changes made to the procedure for registration of real estate under the amnesty, in the video:
Until March 1, 2018, unauthorized buildings built by many landowners without permits can be legitimized.
Land ownership can be completed by the end of 2020
For owners who are planning to make a deal with unfinished housing, these rules do not apply. Permission to register for unfinished will be required.
When making a property under the simplified scheme, the owner may receive a categorical refusal if:
in the household books there is no information about the transfer of land in his possession;
information about the areas and borders of the site in the submitted documents differs from the information entered in the Rosreestr database for a specific site (territory);
construction started before the moment of entry into force of the Federal Law №93.
Not everyone can be legitimized by the dacha amnesty
Is engaged in registration of the property rights to private residential buildings of Rosreestr and its organizations. The fee for this service is 350 rubles.
When data on the land plot is available in the USRR, that is, it is registered as a property, you will need, in addition to the statement:
the owner’s civil passport (representative with power of attorney); >
receipt of payment of state duty.
If the land is not registered, you must additionally submit:
the title document to the land plot;
papers confirming that the individual housing facility is located on the territory of this site.
Papers of 10 working days are reviewed. The applicant is issued a certificate of ownership:
to the individual housing construction object;
to the land plot (if necessary).
Only after receiving the certificate of registration of ownership, the owner has the right to dispose of the property
Registration may be suspended or denied altogether. This happens due to the lack of information on the registered land plot in the state real estate cadastre.
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If the owner of the land does not have permission to erect the structure, problems are provided to him. The process of obtaining approval is quite lengthy. But it is better to figure out how to issue a permit for the construction of an individual residential house, proactively and prevent unpleasant conflicts with the law in the future.