Do I need to obtain permission to reconstruct a private house? The need for renovation can be justified for various reasons. Citizens who have built their own homes know that this is a labor-intensive and expensive process that requires preparation and study of legislation. Over time, the building wears out and requires repairs. However, sometimes this is impossible to do and you have to think about changing housing or reconstructing it. The latter has many nuances, including in terms of formalizing your actions in accordance with current legal acts.
What is meant by building reconstruction?
So, what is the reconstruction of a private house? Basic information about this procedure can be found in the Civil Code of the Russian Federation, the Civil Code of the Russian Federation and other legal acts of industry significance, for example, Federal Law No. 384-FZ. Thus, according to the Civil Code of the Russian Federation, reconstruction is a change in the characteristics of an object that affects its area and the replacement (restoration) of structures that perform a load-bearing function.
If it is necessary to build a new house instead of an existing old one or change an existing building (add a floor, provide an extension, repair the foundation), the owner must coordinate his actions with the municipality.
It is important to understand the definition of an individual housing construction object. In accordance with the Civil Code of the Russian Federation, individual housing is understood as separately located buildings consisting of rooms and having areas with auxiliary functionality.
Such parameters allow citizens to satisfy everyday needs, as well as other needs that arise during their stay.
Specific requirements are imposed on individual housing construction objects:
- number of storeys - no more than three;
- height – up to 20 meters;
- the building must be located separately;
- real estate should not be divided into independent parts.
Strict requirements are due to the abuse of developers who substitute concepts when constructing apartment buildings.
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
Is reconstruction different from redevelopment?
The designated terms are often confused with each other. However, this is a mistake, because redevelopment involves changes inside the building. During a major overhaul, certain elements of a structure are replaced or restored.
Making changes, in particular for premises, requires updating the technical documentation. Such work includes:
- location of windows, doorways;
- manipulations with partitions (moving or dismantling);
- arrangement of places for sanitary (hygienic) needs.
During a major overhaul, old parts of the structure, engineering networks and individual elements of power structures are replaced. The work does not require special documentation, since it does not imply adjustments to the technical plan of the home. This applies to manipulations with the roof, heating systems, plumbing, as well as replacement of interior (zonal) partitions.
Important! Thus, the main distinguishing feature of both procedures is the degree of change in the characteristics of the house after construction activities. If no global changes occur, then we are talking about redevelopment or major repairs, otherwise (change in area) – about reconstruction.
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
How to submit a notification?
It is worth remembering that making significant changes to the design of the house requires approval from local authorities. This is due to the fact that any wrong decision made to carry out construction work on one’s own site can disrupt the building’s resistance to adverse factors and lead to casualties.
Since August 3, 2018, changes have been made to the legislation, according to which for the construction and reconstruction of individual housing construction projects it is no longer necessary to obtain permission.
However, in order to carry out work, you need to indicate your desire to the administration of the Moscow Region by sending a notification there (Article 51.1 of the Civil Code of the Russian Federation).
According to the amendments, the paper must contain the following information:
- personal data of the applicant;
- passport details;
- information about the developer (for legal entities);
- plot number, according to cadastral documents (if available), its description;
- information about land rights. The procedure provides for the possibility of obtaining the specified information through interdepartmental interaction;
- type of permits relating to development;
- data on the parameters of the facility planned for reconstruction;
- contact details of persons carrying out reconstruction;
- method of sending notifications to the developer.
Important! When reconstructing a private house, you will not need to submit a project. Although documentation can be prepared proactively, it is worth remembering its high cost.
If the data is entered incorrectly, the application will be returned within 3 days. It is worth noting that the submission of a notification does not count. Sometimes citizens do not want to wait for an answer from the administration and begin to implement the planned activities. However, you shouldn't do this.
The period for sending a response from the municipality is 7 days and contains an assessment of the information provided by the property owner. The document is reviewed for compliance of the object with the established parameters, as well as the admissibility of its placement on the site. If no violations are found, the applicant is sent a permit to carry out construction work.
Important! After receiving the paper, the developer has the right to begin work. Reconstruction is carried out over 10 years. The time indicated is the duration of the approved notice.
In the process of implementing the plan, changes in individual housing construction objects are monitored. It is carried out in the form of inspections. The basis is complaints about violations of construction volumes provided for by regulations. After making planned changes, you must submit a second notification.
It indicates the completion of reconstruction. It must be accompanied by a technical plan of the building and a receipt confirming payment of the fee.
The administration checks the received document within a timeframe similar to the first request and sends the applicant a response regarding the compliance of the manipulations performed with the requirements of current legal acts in the field of urban planning activities. If discrepancies with the original plans are noticed, a decision is made on the need for alteration or demolition.
Registration of rights to an individual housing construction object occurs through interdepartmental exchange after the formation of a notification of compliance. The procedure is carried out through the local administration. The authority independently transfers all papers to Rosreestr in order to carry out further actions.
Important! Many people are interested in the question of whether it is necessary to obtain permission to use the building after construction is completed. Such an obligation is not established by the acts.
You can notify the authorities of your desire in several ways:
- in person, by generating the text on paper. Transmitted through the MFC;
- by mail;
- in electronic format on the State Services portal;
- visiting compulsory health insurance.
The procedure for legalizing self-construction
First, you should try to legalize any self-construction administratively, and it can be legalized if it meets the following requirements:
- There is no building permit, but a fine has been paid.
- The type of permitted use of the site does not prohibit the type of construction.
- No violation of the interests of third parties has been established.
- SNiP standards were observed.
In the case where at least one criterion does not meet the squatter’s criteria, it is almost impossible to legitimize it even through the courts. But if the administration refuses to legalize an object that meets all the requirements, then you can go to court.
To do this you need:
Conduct a compliance assessment.- Try to legitimize self-construction in a pre-trial manner: get a refusal from the BTI, Rosreestr or other authorized bodies.
- Prepare the evidence base and conduct the necessary examinations.
- File a claim.
- Submit the claim documents to the court. If the value of the claims is less than 50 thousand rubles - global, and if higher - city or district.
- Register a claim and if the demands are legal, the court initiates civil proceedings.
- Conduct court hearings.
- Pick up a copy of the extract from the court order.
If the plaintiff's demands were not satisfied, he has 10 days to file an appeal to a higher authority. And if, nevertheless, one of the authorities takes the side of the plaintiff, then it will be possible to begin registering ownership of the building.
Can a municipality refuse to reconstruct a property?
The administration has the right to refuse to carry out activities due to a discrepancy between the parameters specified in the notification and the rules for placing a building on a land plot. The decision can be appealed both in court and before filing a lawsuit. Current practice suggests that the authority, as a rule, sides with the property owner.
If the applicant has not received a response within the established time frame, then he can begin implementing the measures. In this case, the work must be carried out in strict accordance with the information specified in the notification.
Cases from judicial practice
To assess the chances of satisfying claims, you can familiarize yourself with the precedents that have taken place in judicial practice regarding the legalization of unauthorized construction:
The decision of the Supreme Court, which states that the lack of permission for unauthorized construction is not grounds for demolishing unauthorized construction. The case was remanded for retrial to the court of first instance.- A lawsuit in a case from a neighbor of the owner of a self-built building that violates SNiP standards. The court satisfied the claims and declared the construction unauthorized and ordered the defendant to demolish the building.
- Claim in the case of recognition of ownership of an unauthorized construction. The claims were satisfied in full, allowing the plaintiff to register ownership of the building.
