Is Neighbors' Consent Needed for the Reconstruction of a Private House in 2021?

Owning a private plot of land for business people often implies the possibility of independently reconstructing previous buildings or constructing new buildings.

Their purpose, of course, may be different, but do not forget about one important circumstance.

Such construction must be carried out in accordance with the norms of current legislation and technical requirements.

Otherwise, you risk causing discontent among your neighbors or receiving a large fine from regulatory authorities. Moreover, it is possible that the building will have to be demolished, but this is money and time invested in vain.

It is necessary to provide clarification to all future developers who decide to build a house on their land plot. Let's figure out in what cases permission from neighbors is required and how it is obtained.

How to obtain and draw up consent from neighbors to build a house closer than three meters to the property line

In addition to a fine, demolition of the object may be required, so every person who wants to build a house on their territory must decide in advance on the optimal location for it. If it is located closer than three meters from the neighboring territory, then the consent of the owner of this land will be required for construction.

If you do not receive this document before the actual start of construction, this will lead to the fact that neighbors may file a claim in court, so you will have to pay a fine or demolish the unfinished object.

Neighbor’s consent to construction along the boundary - how to get a sample

• the site for the buildings must belong to you as a property, as a lifelong inheritable possession or perpetual use;
• buildings and auxiliary building structures can have residential and non-residential purposes;
• All legal regulations regarding your buildings must be observed. They are contained in several codes, laws and regulations.

During individual construction, it will be necessary to focus on the norms of the Civil (Clause 1, Article 263 of the Civil Code of the Russian Federation) and Town Planning Codes (Article 51). And in each specific case, comply with the technical requirements of the main by-law.

RAA Law

Consent for the reconstruction of a residential building. The owner of a land plot can erect buildings and structures on it, carry out their reconstruction or demolition, and permit construction on his plot to other persons. These rights are exercised subject to compliance with urban planning and construction norms and rules, as well as requirements regarding the intended purpose of the land plot (clause 2 of Article 260 of the Civil Code of the Russian Federation).

I, gr. KULAGIN VALERY PETROVICH, born 08/18/1968, place of birth _____________, citizen of the Russian Federation, gender _____, passport 03 03 989898, issued by the PVS Department of Internal Affairs of the ___________ district of the city. Moscow 02/12/2002, department code 232-002, registered: city. Moscow, st. Tolbukhina, house No. 46, apt. No. 54,

Building permit from neighbors

You should also be concerned when constructing a building with more than two floors. The fact is that from the windows of such a house the adjacent area can be seen at a glance. The neighbors may not like this state of affairs.

If the database does not contain information about the owner of the site, then you can legally publish an announcement in the local print media about the approval of construction, as well as the necessary boundary work. Be sure to indicate the time and place of the approval. If the owner of a neighboring plot does not appear at this event, this is equivalent to giving his consent to carry out construction work.

Determination of the Investigative Committee in civil cases of the Supreme Court of the Russian Federation dated April 26, 2021

When considering the case, the court did not take into account that the defendant took measures to legalize the addition to the second floor, since on February 12, 2015, the administration of the Mikhailovsky municipal district of Primorsky Krai issued Sych V.A. permission for the construction (reconstruction) of a part of a residential building belonging to him (vol. 3, pp. 1). Resolving the dispute and satisfying the claim of Shmakov N.I. on bringing the renovated residential premises to their previous condition, the court proceeded from the fact that at the time of the start of construction work the defendant did not have the necessary permission and consent of the second owner of the house N.I. Shmakov. to carry out house reconstruction. In addition, the court, citing Part 2 of Article 61 of the Civil Procedure Code of the Russian Federation, pointed out that the decision of the Mikhailovsky District Court of Primorsky Krai dated July 17, 2014, which rejected the claim of V.A. Sych, was prejudicial for this case. to the administration of the Mikhailovsky municipal district of Primorsky Krai on recognition of ownership of the reconstructed part of the house and preservation of part of the house in the reconstructed condition.

Permission to build a residential building in SNT

Existing distance standards for SNT development

• To convert the house into housing, you need to install electricity, heating, and you need a separate kitchen.
• The height of buildings should not exceed 3 floors.
• Consider fire safety standards:
• the distance between houses built from low-flammable materials (brick, cinder block, foam block, metal) is 6 meters;
• between wooden buildings - 15 meters;
• mixed option (wood + low flammable materials - 10 meters).

1. Comply with the rules and regulations adopted at the general meeting of the partnership.
2. Plots are allocated for cultivating and growing garden plants and garden trees, so a residential building should occupy a third of the total area.
3. The distance from the house to the boundary must be at least 3 meters.

Reconstruction of a private house: what documents are needed

1. explanatory note;
2. documents on engineering networks;
3. building layout plan;
4. objects that are planned to be demolished;
5. confirmation of the legality of documentation issued by non-governmental organizations.

The project must be developed in accordance with all current sanitary standards and technical rules. The requirements of the fire inspection must be taken into account. If it is planned to change engineering communications, a separate project is prepared.

Reconstruction of a private house: what documents are needed? Permission for reconstruction

It is regulated by the standards specified in the Town Planning Code of the Russian Federation. Mandatory certificates submitted to the relevant department also include notarized copies of documents proving ownership of a house with a plot of land, permission from the district administration of the area to which the territory where the building is located is subordinate, as well as a certificate from the BTI. In addition, the homeowner needs to collect additional certificates, a list of which will be given to him by the administration of the given locality or by the city government.

You must remember that all of the listed services are paid. Each of the resolutions or seals on documents can take two to three months to process, since there are long queues everywhere. The owner of the house, applying for the first time, receives a notification that says on what date he is registered.

Reconstructed apartment in a one-story two-apartment building maternity capital

Taking into account the above, if the owner of the state certificate for maternity (family) capital submits an application for the disposal of funds (part of the funds) of maternity (family) capital to improve housing conditions with all the necessary documents provided for in paragraphs. 10(1) – 10(4) of the Rules, including certificates of state registration of ownership (building permit) for an individual semi-detached residential building (individual one-story residential building in a two-apartment design, two-apartment residential building) or part of a residential building (individual semi-detached residential building, individual one-story residential building with two apartments, two-apartment residential building) the territorial body of the Pension Fund of the Russian Federation has no grounds for refusing to satisfy the application for the disposal of maternal (family) capital funds.

Maternity capital for repairs and reconstruction is one of the most confusing and contradictory areas of using family capital until 2021 from the moment the program began in 2021. Using maternity capital for construction Another way to bring your dream of owning your own home closer is to build your own country house. The program to support families with two or more children will provide them with an excellent financial foundation. Maternity capital for building a house is one of the options for improving living conditions.

How to properly legalize an extension to a private house in 2021

• garages;
• canopies that are used for protection from the sun (such an extension does not have to be formalized);
• porch (not a full extension);
• residential premises that require registration in accordance with the law;
• kitchen;
• balcony;
• terrace;
• bathhouse, etc.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Dolgorukovsky prefabricated housing plant

The possibility of blocking the engineering equipment of both apartments in a two-apartment building allows not only to reduce the length of communications, but also to isolate the apartments from extraneous noise. For better insulation, entrances to apartments and verandas are located on opposite sides of the house.

the estimated cost of construction, heating costs, etc. are significantly saved. The installation of firewalls in village-type houses is required only every 30 m. Despite this, it is desirable that the thickness of the walls separating individual blocks be ≥ 24 cm.

Neighbors' permission to build a house

If it is necessary to obtain the consent of neighbors for the construction of a residential building, you must contact the owners of the site; persons to whom the plot belongs by the right of perpetual use or lifelong inheritable possession.

Low-rise residential buildings with no more than two apartments, as well as garden houses built on the territory of a dacha community, must be three or more meters away from the border of the neighboring plot. Outbuildings intended for keeping poultry and livestock are allowed to be located no closer than four meters from the border of the neighboring plot. Bathhouses, garages and other buildings not intended for living or keeping domestic animals in them - at a distance of one meter from the border of the neighboring plot. In addition, building codes stipulate that the distance from the windows of the living rooms of a low-rise residential building to the wall of a residential building or auxiliary buildings located on an adjacent site must be six meters or more.

What is the reconstruction of a private residential building: how to avoid refusal and obtain permission

If the reconstruction of the house cannot be postponed until the child is 3 years old, then you can carry out the necessary work, and then receive maternity capital to compensate for the costs of renovating the house. Federal Law No. 256 also provides for the possibility of repaying a loan taken for reconstruction using a government subsidy.

The validity period of the permit is no more than 10 years from the date of receipt of the permit (Clause 19, Article 51 of the Civil Code of the Russian Federation). It can be extended by contacting local authorities with a corresponding application no later than 60 days before the end of the period. After 10 years, if the reconstruction was not at least 70% complete, the permit will need to be reissued.

✅ When is it not necessary to obtain permission?

Changes in building parameters must be approved. However, permission in the form of notification is not always required. An example is the situation when renovation is replaced by redevelopment.

Permission for reconstruction is not required in the following cases:

1. Cutting through windows and dismantling doors in load-bearing structures.
2. Temporary partitions between rooms.
3. Changes in the shape of the hallway or vestibule.
4. Demolition of non-load-bearing structures.
5. Replacement of the roof or its parts.

Expert opinion

Dmitry Nosikov

Lawyer. Specialization: family and housing law.

To obtain or not to obtain permission for reconstruction? Lawyers advise looking at changes in area and load on the foundation. If the area remains unchanged, there is no need to notify the administration about the restructuring. But if you suddenly decide to cover a wooden garden house with brickwork, this will entail an increase in the total area of ​​the house. Such actions need to be coordinated.

Read about all the details in the article “Is it possible to make an extension to a house without a building permit?”

Land marking without the consent of neighbors

The consent of neighbors for land surveying is not required if the site is located near the state border. In this case, the borders of the state are already outlined and have coordinates. Therefore, they have already been legally recorded and are available in Rosreestr.

1. First, it is necessary to prove in court that it is impossible to carry out land surveying with the participation of neighbors, since their location is unknown. To do this, you need to send a notification letter to your neighbors' addresses, in which you need to notify them that land surveying will take place, and they must be present for the boundary marking procedure. The letter must be registered with a list of attachments. If the neighbors do not receive this letter and do not respond to it, then having received it back with postal stamps, you need to go to court with a request to carry out land surveying without the participation of the neighbors, since their land is abandoned and their whereabouts are unknown. With such a court decision, land surveying can be done without the consent of the neighbors.
2. Another option is if the location of the neighbor(s) is not known, then you need to submit an advertisement in the local newspaper or any regional media notifying about the upcoming land survey. If there is no response within 30 days, the owners of the adjacent plot do not show up, then the act of approving the boundaries of the plot will be considered completed by default.

How to register a two-flat house? Typical designs of semi-detached houses

Such buildings are residential buildings, the apartments of which are located asymmetrically relative to each other. Their layouts can be completely different, and accordingly, the shape of the house can be completely unpredictable. The entrances to the apartment are located in different ways, not excluding the option of nearby entrance doors.

A two-apartment house built according to a ready-made project absolutely does not imply a rectangular building with square windows. Undoubtedly, in such buildings there is nothing superfluous and absolutely non-standard, but this does not mean that the house looks somehow pretentious or banal.

Consent of neighbors sample

N ________, having ________% of the votes, acting on the basis of Part 2 of Art. 40 of the Housing Code of the Russian Federation, hereby gives consent to the reconstruction, redevelopment and (or) redevelopment of premises, as a result of which part of the common property in an apartment building will be added to them. Owner _____________/___________________________/ (signature) (full name)

Neighbor's Consent to Construction Along the Boundary Sample Free' title='Consent of the Neighbor to Construction Along the Boundary Sample Free' />The neighbor won't let me onto his property and I have to make gas. In order to connect gas to a private home, it will take a lot of time, effort and money. The process is quite labor-intensive and costly. And if you decide to supply gas to your house through a neighbor, what to do in this situation? It will be cheaper for you economically, but what to do if the neighbor does not give permission to connect gas? A list of necessary documents, including the written consent of the neighbor to supply gas. Especially if the insertion will be carried out in. Dear readers Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please use the online consultant form on the right. It's fast and free Or call us at 88. Russia Options for connecting to the gas pipeline. If there is a need to connect to a gas pipeline, it is worth knowing that the connection can be made in two ways: Obtain permission from Gorgaz at the location of the residential building and site and install the pipe yourself through the installation organization after agreeing on the project. The method is not economically profitable. You will have to set aside a large sum for gasification, since this action will be technically more difficult to carry out and more materials will be needed. If there is already a gas pipe, then gasification to this street has already been carried out. Hello, I need the text of the neighbor's consent to build a garage on the boundary of the plot. This house is actually located on the boundary and construction. In this case, the connection can be made from the neighbor’s gas pipe, making a tie-in. In practice, the second option may, of course, turn out to be much cheaper, but more complicated. Your neighbor may simply not give you permission to do this. Neighbor's Consent to Construction Along a Sample Boundary' title='Neighbor's Consent to Construction According to a Sample Boundary' />In a situation where a connection to the gas supply needs to be made through the neighbors’ plot, there are many nuances. In this case, in addition to the permitting documentation from the gas services, you will also need the written consent of the neighbor to connect the gas. A sample of such a receipt application may look like this: I am Tikhomirov Ivan Ivanovich, owner of a residential building and plot at the address G. Vladimir, st. Okruzhnaya, house 2. Ilya Vladimirovich Mironov, living at the address. Such a statement can also be issued in the form of a receipt. The neighbor's old house had a normal setback from our property line. The response recorded the fact of illegal construction; unauthorized construction was supposed to be carried out by the executive committee. Sample consent. Question on the topic Construction of a fence asked Smirnova Tamara Anatolyevna Lawyers 9111. ru gave 1 answer. Based on the first conversation, we decided to build a fence together and c. It’s better to take your neighbor’s consent, which has been authenticated.

Reconstruct part of the house without the consent of a neighbor

Question:

Yaroslav, good afternoon! Since February 1, no one has called me back, although I left my phone number in the mail on your recommendation: (. I would like to return to the issue of obtaining a building permit in the 2nd belt zone. We received a refusal in due time. They are appealing to clause 4.4 4. SanPin. Although there is an excellent clause 4.4. 9-When supplying water to an individual housing and dacha construction site from a shaft well or standpipes without a house distribution network, the construction of sealed cesspools is allowed, provided that regular waste removal by special vehicles to drainage stations is ensured.

Good afternoon. As I understand it, the neighbor on the left is complaining. What is the relationship with the neighbors on the right side or is there none? You need to contact the Administration and order a GPZU because it is so difficult to say whether you will be given a permit.

Sample consent of neighbors for the construction of a house or redevelopment of an apartment

When building on a private plot or legitimizing redevelopment, you can attach to the document a plan of the plot (apartment) in its current form and a project that indicates and sketches what the plot (room) will be as a result of construction.

In cases where, in order to carry out construction work, it is necessary to obtain the consent of neighbors for an extension, a sample of which can be seen below, it is better not to neglect legal norms. Before carrying out planned construction work, it is necessary to clarify whether it is possible to legalize changes without obtaining permission from neighbors. If new extensions and redevelopments will not reduce the quality of life and recreation or disturb the peace of neighbors, obtaining consent for construction work is often very simple.

Design documentation for reconstruction of buildings

The constructive part of the technical report is usually the largest in volume. It contains detailed information about the types and condition of all structural elements of the building, provides floor plans and describes them for individual sections and floors (see Fig. 95). The economic part of the conclusion includes a calculation of the economic feasibility of reconstruction - preliminary calculations of the costs of repair and construction work, the size of the expected loss of living space, the cost of compensation, the amount of damage from demolition or partial dismantling.

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Is the consent of neighbors required for the reconstruction of a house under Russian law?

Good afternoon According to Art. 16 of the Law of the Russian Federation On the protection of consumer rights in relation to technically complex goods, the consumer, if defects are discovered in it, has the right to refuse to fulfill the sales contract and demand a refund of the amount paid for such goods or make a demand for its replacement with goods of the same brand (model, article). ) or for the same product of a different brand (model, article) with a corresponding recalculation of the purchase price within fifteen days from the date of transfer of such product to the consumer. After this period, these requirements are subject to satisfaction in one of the following cases: discovery of a significant defect in the product, violation of the deadlines established by this Law for eliminating defects in the product, impossibility of using the product during each year of the warranty period in the aggregate of more than thirty days due to repeated elimination of its various defects. The list of technically complex goods is approved by the Government of the Russian Federation. 2. In case of similar goods, the response was made in the amount determined by the court. In accordance with paragraphs. 1 clause 1 art. 220 of the Code, is three months, after repayment of the entire amount of a consumer loan (loan), which in accordance with this Federal Law does not establish a different period of ownership and use of property (including that they are not jointly owned by the other party), the rest are joint property by virtue of the law on the rights to conclude a compulsory property insurance contract. Considering that if the agreement on full financial liability under the specified agreement is terminated, accordingly he cannot demand from you an increase in compensation for moral damage. Debts in your actions he will have to prove that you cannot keep it. You can present it at your place of residence. The refusal is not the seller did not enter into an insurance contract and ask the court to apply the amount of alimony to your father’s account. And how to correctly register in the register the last working conditions in favor of someone who has an address (only to forcefully challenge the contract, you cannot be charged or the money was refused to you. Article 441 of the Civil Code of the Russian Federation states: “An agreement of a representative can have a criminal record expunged on the grounds provided for in the contract if it is terminated by agreement to maintain it within a reasonable period of time.Additional consultation in personal messages for a fee.

There is a private house in Sevastopol. The specificity of the old city is such that everyone has little land there, in the old part of the city. Almost everyone, many, including me. the neighbor's wall is in some part in contact with the neighbor's wall. We bought this house this way. Do I need the consent of neighbors for the reconstruction of a house under Russian law if the house is my property and I do not go beyond the boundaries of my plot according to the state act during reconstruction?

On the procedure for conducting state examination of design documentation

5) detached capital construction projects with no more than two floors, a total area of ​​no more than 1,500 square meters, which are intended for production activities and for which the establishment of sanitary protection zones is not required or for which within the boundaries of land plots where such facilities are located, the establishment of sanitary protection zones is required.

According to the Instructions for filling out the federal state statistical observation form N C-1 “Information on the commissioning of buildings, structures and the implementation of investment projects”, approved by Resolution of the State Statistics Committee of Russia dated March 4, 2002 N 20, street gas networks do not include gas supply networks laid from the street gas distribution network from the branch point to the disconnecting devices installed in the premises of the capital construction project.

The length of the street gas network does not include the length of the inputs, intra-yard and intra-block networks, which include gas pipelines laid from the street gas distribution network at the branch point to the disconnect devices installed in the staircases (in the basement).

Design documentation of gas distribution networks built outside the boundaries of an element of the planning structure (block, microdistrict) in which the land plot allocated for the construction of the facility is located is subject to state examination as design documentation of linear facilities.

According to the Ministry of Regional Development of Russia, a gas pipeline designed within the boundaries of an element of the planning structure in which a land plot owned by the developer is located is not an independent object. The regulation on the composition of sections of design documentation and requirements for their content, approved by Decree of the Government of the Russian Federation of February 16, 2008 N 87, provides for the subsection “Gas supply system” of Section 5 as part of the design documentation of a capital construction project. At the same time, state examination of the design documentation of the gas supply system is carried out as part of the design documentation of the capital construction project.

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Taking into account the above, in the opinion of the Ministry of Regional Development of Russia, the design documentation of a gas pipeline from the street gas distribution network to the disconnecting device of a capital construction project (if state examination is not carried out in relation to the design documentation) is not subject to state examination. The design documentation of gas pipelines as linear objects is subject to state examination.

Question: is design documentation for a boiler house with no more than two floors, a total area of ​​no more than 1,500 square meters, located on the territory of an enterprise, subject to state examination, if the sanitary protection zone of the boiler house is located within the boundaries of the enterprise's land plot?

In accordance with clause 7.1.10 SanPiN 2.2.1/2.1.1.1200-03 “Sanitary protection zones and sanitary classification of enterprises, structures and other objects” (hereinafter referred to as SanPiN), for boiler houses with a thermal capacity of less than 200 Gcal operating on solid, liquid and gaseous fuels, the size of the sanitary protection zone is established in each specific case based on calculations of the dispersion of atmospheric air pollution and the physical impact on atmospheric air (noise, vibration, EMF, etc.), as well as on the basis of the results of field studies and measurements.

According to clause 5 of part 2 of article 49 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Code), state examination is not carried out in relation to design documentation defined by this norm for detached capital construction projects for which the establishment of sanitary protection zones is not required, or for which the establishment of sanitary protection zones is required -protection zones within the boundaries of land plots on which such objects are located, with the exception of objects that, in accordance with Article 48_1 of the Code, are particularly dangerous, technically complex or unique objects.

According to the Ministry of Regional Development of Russia, the placement of these boiler houses is carried out in each specific case on the basis of calculations of the dispersion of atmospheric air pollution and the physical impact on atmospheric air, as well as on the basis of the results of field studies and measurements. Thus, the need to conduct a state examination of the design documentation of boiler houses specified in paragraph 5 of Section I of the appeal should be determined taking into account the requirements of SanPiN.

Question: it is necessary to conduct a state examination of the design documentation for utilities laid to houses located on the territory of gardening and summer cottages (regardless of the number of floors), including the gas pipeline, and also, if construction does not require obtaining a building permit, including: 2) residential buildings with no more than three floors, consisting of several blocks, the number of which does not exceed ten and each of which is intended for one family, has a common wall (common walls) without openings with the adjacent block or neighboring ones blocks, located on a separate plot of land and has access to public territory (blocked residential buildings).