This article will help the owners of private country houses to understand the concept of "samostroy". We will talk about the methods of legalizing such buildings, organizations responsible for issuing permits for operation and the nuances of current urban planning legislation. After receiving this information, you will know what to do with your building: demolish, reconstruct, or you can legitimize everything without serious additional investments.
"We built , built, and finally, built ... ", - but the representative of the authorities comes and says that everything needs to be demolished. This situation is faced by more than 50% of suburban housing owners engaged in construction on their own. It is very easy to break a rule or a building standard in the construction of a country house or a courtyard extension, because several different organizations are responsible for these standards and the ordinary owner of the land plot may simply not be aware of them.
It is possible to encounter a violation not only during construction from scratch, but also during work without an appropriate permission related to the reconstruction of an old building; redevelopment; overhaul; conversion of non-residential buildings into residential; construction of additional buildings. Unauthorized construction is also recognized if it falls under one of these definitions:
The land on which building has been erected, by use category is not intended for construction an object of this type.
The building violates one of the town planning norms or erected without the appropriate permission .
The building was erected with deviations from fire safety regulations , sanitary norms , or violates the interests of neighbors .
Life example : In Surgut, on a plot of land, designed as a place for a garage, the construction of a 4-storey building for a family cafe began. During construction work, a commission from the employees of the Department of Architecture and Urban Planning filed a lawsuit to declare the building illegal and a statement to the court about the demolition of the object. Following the site owner filed an application to the court with a request to recognize the ownership of the unfinished building.
The court denied ownership, since the building was erected in violation of several laws. The appellate court ruled to demolish the building, since the construction work created a threat to the life and health of citizens and the relevant permissions from the owner of the land were not received before work began.
It is enough to make three small deviations from the standards in order for the development to be recognized as unauthorized. On samostroy it is impossible to issue ownership, sell or donate, you must first issue ownership in the relevant authorities. By law, the situation with samostroem can be solved in three ways:
to issue legal documents ;
to rebuild ;
On our site you can familiarize yourself with the most popular projects of small forms - bathhouses, gazebos, garages - from construction companies represented at the exhibition "Low-Rise Country".
If the building is found to threaten the life and health of others when built on private land, such a building is subject to administrative demolition. In the event of the owner’s refusal to fulfill the requirements to demolish the building within the prescribed period, the land plot can be forcibly taken away.
Unambiguous demolition will be subject to buildings improperly erected on land plots located in areas with special conditions of use.
Such zones include lands on which cultural heritage objects are legally protected, pass railway lines, lay pipelines, power supply lines, water protection, forest-park stripes, fish protection districts and the like.
If the building was erected until the moment when the land in this district began to enter the zone with special conditions and the house has all permits, then they have no right to demolish such a structure. If the landlord did not know about the status of the land plot or acquired land with an existing structure (residential house) with documented ownership, he must be compensated * for expenses.
* Compensation will be paid by the state or by an unscrupulous developer (in the case of buying an apartment in apartment buildings or a country house).
Life example : Country house built within the zone of special conditions of use, next to the cultural heritage object , was recommended for demolition. The owner of the land plot appealed the instructions of local authorities through the court. At the trial, the landlord presented documents confirming that he had rebuilt the house in accordance with the specified requirements and that he now meets the building codes in force in the area. The court recognized the ownership of the owner and overturned the order to demolish the building.
What is samostroy, what are the options for legalizing unauthorized buildings, what samostroi can not be legalized, says the lawyer in the video:
On our site you can find contacts of construction companies that offer an audit of construction work, construction of extensions to existing homes. Directly to communicate with representatives, you can visit the exhibition of houses "Low-rise Country".
In the case when the capital building was erected on land with an allowed category (IHC), with a building permit received from the municipality, but building standards were violated, legalize the construction.
For legalization, it will be necessary to take into account the comments of the responsible authorities, make changes and document them. After approval and filling out the act of commissioning the building, through court, you need to obtain ownership of the building.
At the time of the creation of the object, the building codes and rules were different from the current ones, but no building permit was obtained and violations were identified. For legalization, it is necessary to file documents through the court fixing the date of construction of the building and eliminate violations. With a positive decision of the court on the building, it will be allowed to formalize the right of ownership, with a negative decision - compensation will be issued.
A building was erected on a plot with an permitted land use category without obtaining a building permit. In this situation, it is necessary to collect a commission, which will draw up an act on the compliance of the construction parameters with the current town planning standards, and register the construction officially.
This may be interesting! In the article on the following link read what you need to know to avoid the consequences of samostroya: rights and obligations, nuances, responsibility.
Most violations can be prevented by timely learning about the permitted category of land, taking a building permit, if the area of a residential building exceeds 500 square meters. m., and learn about the established restrictions in this region when building in a local municipality.
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