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

General concepts about home renovation

Reconstruction is mentioned in the Town Planning Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), in the Civil Code of the Russian Federation (Civil Code of the Russian Federation) and in some other regulatory legal acts (NLA).

In other words, if you decide to add a second or third floor, restore the foundation, make an extension to the house, or build a new one on the site of an old house - this is reconstruction.

Such measures will entail changes in the parameters of the house - area, number of floors, engineering and technical supplies (heating, electricity, water supply, etc.).

Differences between reconstruction and major repairs and redevelopment

Reconstruction is often compared to redevelopment or major renovation. But this is a mistaken opinion. Redevelopment involves changes only to the interior of the house, major repairs involve the replacement or restoration of some elements, and reconstruction involves changing the area and facade of the room.

For a general understanding of the differences, let’s briefly consider redevelopment and overhaul.

Redevelopment, according to Art. 25 of the Housing Code of the Russian Federation - changes to parts of the house that require adjustments to the technical plan of the house. It includes:

• moving door or window openings;
• moving or dismantling partitions,
• installation of additional bathrooms, etc.

To redevelop a house, you need to obtain permission from the district administration by applying directly or through the MFC.

If you have not been given permission for redevelopment, write to our lawyer! He will help you understand the validity of the refusal.

Major repairs are the replacement or restoration of outdated parts of the house, engineering and technical support, as well as individual parts of the load-bearing structures of housing. Such activities do not require changes to the technical plan and obtaining permission.

An example of a major overhaul is the replacement of the roof, plumbing, heating, replacement of partitions, etc.

A distinctive feature of reconstruction is changing the parameters of the house, aimed at increasing the area and number of floors. But redevelopment and overhauls do not entail such global changes.

Regulations governing reconstruction:

What is the difference between reconstruction and major renovation?

Many people confuse the concepts of reconstruction and major repairs:

1. Overhaul refers to work to restore outdated parts of the house and communications. After its implementation, the technical plan does not change. Permission for major repairs is not required. Major repairs include replacing the roof, plumbing, partitions, and heating systems.
2. During reconstruction, the parameters of the house change. The number of floors and area may increase.

Reconstruction requires mandatory permission. If it is carried out without approval, the citizen will have to pay a fine in the amount of 2,000 to 5,000 rubles (clause 1 of Article 9.5 of the Code of Administrative Offenses of the Russian Federation).

Registration of permission for the reconstruction of a house

Renovating a house is a very important process that requires approval and permission from local governments. Since changes in parameters can disrupt the safety of the house and affect the interests of the people living in it, as well as neighbors.

Article 51 of the Civil Code of the Russian Federation defines permission for reconstruction.

To obtain permission, you need to contact the department of architecture and urban planning in the municipal administration (according to paragraph 4 of Article 51 of the Civil Code of the Russian Federation) and submit an application with the appropriate package of documents.

The entire list of documents required to obtain permission for reconstruction is contained in clause 7 of Art. 51 Civil Code of the Russian Federation.

This list is not final. Requirements for the list of documents may differ in each subject. Therefore, before registration, you should clarify this information with a specialist in the specialized department.

You can apply in person or through an authorized representative. Also, the Civil Code of the Russian Federation in paragraph 7 of Art. 51 provides for the possibility of submitting an application through the MFC.

After submitting the documents, the application is considered within 7 working days, after which the applicant must be notified in writing of the adopted resolution. The applicant must contact the fire service and the SES to further agree on a decision, which will result in the issuance of a permit or refusal.

If the answer is positive, you can proceed with the reconstruction yourself, if the area of ​​the extension/superstructure does not exceed 10 square meters. m. Otherwise, the reconstruction must be carried out by a specialist licensed to perform such work.

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.

After completion of the renovation, it is necessary to obtain a conclusion on the compliance of the reconstructed house with the requirements of technical regulations, other legal regulations and design documentation, including the requirements for energy efficiency and equipping the capital construction facility with energy metering devices - issued within 10 working days by the district inspectorate of state construction supervision.

After receiving such a conclusion, it is necessary to update the technical passport data by registering the house in the Unified State Register of Real Estate, since the technical parameters of the housing have changed. To do this, you need to obtain permission to put the house into operation from the same self-government body, again collecting a package of documents with an application and permission for reconstruction. Such permission is issued within 10 working days.

Obtaining permission is a mandatory procedure. If the renovation is carried out without permission, an administrative fine will be imposed (2 - 5 tr.), in accordance with clause 1 of Art. 9.5 of the Code of Administrative Offenses of Russia.

In this case, the reconstructed house will be recognized as an unauthorized construction, which must be legalized (read how to legalize an unauthorized construction). To do this, you need to take a new cadastral passport from the BTI and, together with the old one, provide the documents from the list to the administration and obtain permission for reconstruction. In the future, it will be possible to register ownership of the reconstructed housing. It is also possible to legitimize reconstruction through the courts.

Did you know that the result of considering claims depends on how legally competent it is drawn up? Our professionals are ready to help you file a claim absolutely free. Just write on the right in the chat.

You can also call the following phone numbers:

8 ext. 849 – Moscow and region;

8 ext. 501 – St. Petersburg and region;

8 ext. 481 – all regions of the Russian Federation.

As for the reconstruction of houses in SNT (garden non-profit partnerships), thanks to the adopted Federal Law No. 93 of June 30, 2006 “On the dacha amnesty,” permission is not required. And to register ownership rights, a simplified procedure is used - it is enough to provide a declaration about the real estate property to Rosreestr. In this case, the land plot in SNT must be owned.

You may be interested in: what is a dacha amnesty?

Cost of obtaining permission for reconstruction

When obtaining permission to carry out renovation, you will need to incur some expenses. At the stage of collecting documents - this is payment for the services of a specialist to draw up a reconstruction project - the cost is negotiated individually, since the price consists of the area of ​​​​the house and the complexity of the work performed. The costs should include the registration of a registration certificate for the house in the BTI, the amount of the state duty, which is established in each subject of the Russian Federation.

You will also have to pay a state fee for registering ownership of a reconstructed house - 350 rubles. (Clause 27, Clause 1, Article 333.31 of the Tax Code of the Russian Federation).

How to get approval for reconstruction

Not all construction and repair work requires notification; some of them are not considered reconstruction. Example: you carried out a major renovation of a house, but no changes were made to its parameters, such as the facade, number of floors, which means that in this case you do not need to obtain permission for unauthorized changes. But if the planned changes are considered reconstruction, we advise you to act in accordance with the law, because this will help save effort and time. Coordinating construction work will be much easier than learning how to legalize the reconstruction of a house without permission from local authorities.

The approval procedure consists of two stages:

1. Submission of notice of reconstruction. Project documentation is not required for this; it is enough to make a diagram of the SPOZUN on the notification form.
2. Waiting for a positive response from the local administration. Until you have received it, no work can be carried out.

Next, two scenarios will follow:

1. You receive an affirmative answer and can begin construction.

You get rejected. In this case, you can try to eliminate the reasons that led to a negative response and then submit the notification again.

Coordination of design documentation for reconstruction of a structure is not required. But the work that will be carried out must coincide with that stated. For example, it will not be possible to demolish an old house and build a new one in its place, passing it off as reconstruction. Such discrepancies will be identified, and you will have to legitimize self-construction.

After completion of construction work, you need to proceed according to the following scheme:

• Prepare a technical plan. You need to contact a cadastral engineer and conclude an agreement with him to create a technical plan for the house after reconstruction: this can be done in.
• When the technical plan is ready, you need to notify the administration about the completion of the work, attaching technical documentation.

Then you need to wait for the commission to check whether the declared work corresponds to the actual work. A site visit will be carried out, so the likelihood of successfully misinforming the administration is very low. Inconsistencies will be identified, and you will receive an order to return the building to its original form. If no violations are recorded, you will be issued a notification of compliance.

Changes made are subject to entry into the register. By law, the local administration must submit data to Rosreestr, but if you don’t want to wait, you can do it yourself or contact the Geomer Group specialists to significantly save time.

An application for work is submitted to Rosreestr, to which all four notifications are attached. 7 days after Rosreestr receives the application, changes in it are recorded, and you receive an extract from the Unified State Register of Real Estate with updated data about the house.

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Use of maternity capital in reconstruction

In accordance with paragraph 1 of Art. 10 Federal Law “On additional measures of state support for families with children” dated December 29, 2006 N 256-FZ (hereinafter Federal Law No. 256) funds mat. capital can be used to reconstruct a house if several conditions are met:

• performance of a 3-year-old child;
• the housing area will be increased;
• the house is registered as joint ownership;
• The housing area for each member does not exceed 18 square meters. m.

If all conditions are met, you can contact the Russian Pension Fund (hereinafter referred to as PFRF) and submit an application for the disposal of the mat. capital and the following documents:

After checking the documents, the Pension Fund of the Russian Federation transfers 50% of the subsidy amount to the account of the capital recipient within 2 months, and the remaining money is transferred no earlier than six months after receiving the first part. To do this, you must re-apply to the Pension Fund of the Russian Federation with an application and certificate of inspection of the reconstruction. This document is issued by the department of architecture and urban planning in the administration.

If a contractor was hired to carry out the reconstruction, then after completion of the work the entire amount will be transferred to the organization’s account.

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.

What to do if reconstruction was carried out illegally

Facts of illegal reconstruction occur quite often. Do the changes need to be legalized or can everything be left as is?

We remind you that all illegal work and changes can lead to serious consequences, namely:

• You will receive an order to return the house to its original condition. You will have to pay for the work yourself.
• The tax on the house will be recalculated for the last three years, since the reconstruction significantly changes the parameters of the building, and accordingly its cadastral value changes. If you add an additional floor, the cadastral value increases, and the amount of tax on the house also changes upward, since it is subject to recalculation if illegal reconstruction is detected.
• It will not be possible to conduct transactions with this house. When trying to sell it or obtain collateral against it, illegal changes to the design will be quickly detected, since the actual condition of the house does not correspond to the information in the Unified State Register of Real Estate. Problems will also arise in the case of inheritance of this property, because all procedures for legitimizing changes will have to go through the heirs, otherwise they will not be able to register the property in their own name.
• There may also be problems with connecting to communications, in particular to gas, because when the parameters of the building change, the connection diagram may also change. Gas workers may order the house to be returned to its original condition or simply turn off the gas supply.

Illegal reconstruction can lead to other troubles, so we recommend avoiding risks and doing everything in accordance with the law.

If you have already made an illegal reconstruction of your house and do not know how to make these changes to the Unified State Register of Real Estate, please contact a specialist at the Cadastral Bureau - Real Estate for advice. You can make an appointment with a professional by phone

There are a lot of nuances in real estate matters, and the methods of legalization can be different: among them there is no one that would suit absolutely everyone. Your situation may be atypical and will require a special approach and expert help, so we advise you to first consult with a specialist to assess the situation.

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Refusal of permission to reconstruct a house

The grounds for refusal to issue a renovation permit are specified in paragraph 13 of Art. 51 Civil Code of the Russian Federation. These include:

The refusal can be appealed pre-trial and in court. In the first option, an application is submitted. To do this, you need to submit to the court a package of documents to obtain permission, an application and the refusal of the authorized body to issue permission for reconstruction. As a rule, in such cases the court sides with the plaintiff. The main thing is that the work carried out complies with urban planning legislation.

Still have questions? Write to us in the chat, as many users have already done, and you will receive a free consultation from a specialist on land issues.

Questions from our readers

How to obtain permission to reconstruct a private house through State Services?
The State Services portal provides the opportunity to submit an application for a permit.

The user needs:

• log in to your personal account using your login and password;
• go to the “Building Permit” section;
• select a service;
• fill out the form provided by the system;
• submit the application for consideration.

The status of the application can be tracked in your personal account. The citizen will be invited on the appointed date to submit original documents.

✅ Terms and cost

Along with the update of the Town Planning Code, the deadlines for legalizing the construction/reconstruction of houses have also changed.

The period for preparing a response to a notification is 7 working days . However, the deadline is valid only if approved by the administration. If a refusal occurs, the period will increase until its causes are eliminated.

Legalization after reconstruction will last from 10 working days . During this time, the authorized body will transfer the documents to the Unified State Register of Real Estate, and Rosreestr will prepare the necessary extracts.

Notification of the start of reconstruction is provided free of charge.

The applicant pays only the costs of drawing up the technical plan. The cost varies depending on the region. The minimum check is 8,000 rubles , and the price for complex objects is up to 20,000 rubles.

Notification of completion of construction is also free. However, the copyright holder must immediately pay the state fee for legalizing the reconstruction of a private house. As in the case of construction, it is 350 rubles . The receipt is attached in its original form.

The procedure for legalization

You need to be prepared for the fact that it will take time to legitimize the reconstruction, but in general, the procedure is quite simple:

• Preparation of technical plan. Before applying for legalization of changes, you need to prepare a technical plan that will display the current state of the house. Only a cadastral engineer can make technical plans for buildings. You can order this necessary technical documentation from our company.
• Submitting an application to the local administration. At this stage, the actions are the same as for regular approval. The application is written in free form, and only the owner can submit it. If the plot or real estate is in shared ownership, consent from all owners will be required. The processing time for an application is about a month, and in most cases the administration refuses.

If the application is refused, the next authority is the court. Before filing a claim, we recommend collecting the following documents:

• Coordination with Rospotrebnadzor to ensure that the house complies with sanitary standards. The nuance is that for a private house it is not necessary to carry out a sanitary and epidemiological examination, but since it is necessary to collect forensic evidence, reconstruction can be agreed upon.
• Coordination with fire supervision. It is not always possible to coordinate the reconstruction carried out with this authority. Sometimes GPN is denied. In this case, you can submit a petition to the court to appoint a fire expert, the positive conclusion of which will be an argument in your favor.
• Consent from all interested parties. All persons interested in it must give their consent to the reconstruction. They may not only be the owners or neighbors of the site, they may also require consent from the municipality or state. For example, if the house is located near linear objects of local or federal significance. In this case, you will need to contact the regulatory authorities.
• Coordination with the Federal Air Transport Agency. It is required if your home is located within a 30-kilometer zone from airports.

The necessary approvals can take a lot of time and effort. Many authorities consider the application for about a month, and there is always a risk of refusal. Our company will help you coordinate the reconstruction with regulatory authorities.

After collecting all the documents, you can apply to the district court with a claim to recognize the ownership of the unauthorized rebuilt house. At first glance, the plaintiff already has the right of ownership, but, according to the law, the OKS has been changed, which means the property is now different. The two main consequences of reconstruction could be:

• The actual creation of a new object, for example, if you made an extension to the house or built another floor.
• Improving the characteristics of the previous object.

In your statement of claim, you must explain your point of view in a motivated manner. The documents collected at the previous stage are attached to the claim.

✅ What documents are needed?

Before starting a “reorganization”, the copyright holder will have to collect documents. They are needed to coordinate the reconstruction with the department of architecture and construction in the region.

Before the start of reconstruction, prepare:

• a completed notification form to the administration;
• Russian passport;
• notarized power of attorney – if one representative acts on behalf of several co-owners of the house;
• document on ownership of your land plot - optional;

The administration may request a GPZU for the site. However, it is not necessary to provide it with other documents. Officials themselves will request it through interdepartmental interaction.

After reconstruction you need to prepare:

• a similar notification - but about the completion of work;
• Russian passport;
• agreement on determining the shares of a private house + graphic plan - in case you are not the only copyright holder of a residential building;
• technical plan for a reconstructed house;
• a receipt for payment of the state duty for making changes to the Unified State Register of Real Estate.

No further participation by the applicant will be required. The authorized body will check the documents, prepare them for transfer to FKP "Rosreestr" and send them to the Unified State Register of Real Estate through interdepartmental channels. The owner(s) will have to wait for the documents. We are talking about two extracts - with cadastral data (technical passport) and ownership of a residential building.