How to obtain permits for construction

General provisions

A building permit for any facility, including an apartment building, is a final act that evaluates the engineering, structural and other characteristics of the future structure. The presence of such paper provides additional guarantees of stability, reliability and safety of the building. The construction of an apartment building or other capital construction projects without obtaining permission is prohibited.

The nuances of the design and content of permitting documentation are discussed in the Civil Code of the Russian Federation, Article 51. It specifies the following aspects:

• If the land plot where the structure is located does not fall under the Civil Code of the Russian Federation, the rules specified in the code do not apply.
• Construction work begins with obtaining a permit.
• In the case of using the allotment under a lease agreement, in order to obtain permits, the allotment must be surveyed and entered into the register.
• It is prohibited to transfer a permit in the absence of rules for land use and the project.

A building permit is required to be issued if we are talking about the construction of multi-apartment buildings, structures for servicing the subsoil, as well as hydraulic engineering facilities. In addition, paper will be required if the building is located near environmental or historical sites. Generally speaking, any structure of a capital nature is erected after obtaining permission.

Service price

You can determine how much it costs to obtain a building permit based on the following parameters:

• area of ​​the land plot and the planned building;
• characteristics of the future object;
• deadlines for completing the full package of documents.

The INFOSTROY-mosreg company draws up a “road map” of activities carried out to coordinate construction and names the exact timing of their implementation.

Who is issuing?

The Civil Code of the Russian Federation (Article 51, Part 4) states that municipal authorities are responsible for issuing construction permits (taking into account the location of the land plot), with the exception of some exceptions. Maintaining a register is an obligation that lies with the authorities issuing permits:

• Local administrative authority.
• Ministry of Construction of the Russian Federation (for the construction of large infrastructure structures).
• Regional authorities (when constructing a facility on a site belonging to 2 or more municipalities).
• Other government bodies.

The building permit has a number that allows you to determine the location of the structure. It consists of four elements and has the following conditional structure - 1-2-3-4. The first part indicates the number of the subject of the Russian Federation (when constructing an object on sites belonging to 2 or more subjects, 00 is entered). The number “2” hides the registration number of the local entity (in the above-mentioned case it is set to 000). The number “3” hides the serial number, and the last section is the year the permitting documentation was issued.

How to obtain and register ownership rights if the building has already been built?

There are two ways to legalize a self-construction and obtain registration documents for it - administrative legalization or through the court. It all depends on the conditions of construction of the building.

How to legalize it on your own land?

To register a self-construction built on such a site, you will need to submit a certificate of ownership or an extract from the Unified State Register of Real Estate to the town planning and land commission.

How to register an individual housing construction project built on a plot of land or a garden plot?

It is necessary to obtain a municipal act approving the construction , and after completion of the work, notify the administration and provide a technical plan. If approval has not been received, you will have to resort to contacting the state inspectorate, pay a fine and legalize the construction.

If the application to the state committee is refused, then it will be necessary to take legal action.

On someone else's property

It will be possible to legalize the construction of a structure erected on someone else’s land only if it can be proven in court that part of the land belongs to the person who built the structure.

If there is no evidence, then the owner of the site has the right to demand the demolition of the structure at the expense of the person who built it, or he has the right to register ownership of the structure in his own name. In this case, the new owner will have to reimburse the developer for construction costs.

Registration of an object located in a municipal land plot

To legalize a building erected on land owned by a municipality, it must meet the following criteria:

• the intended purpose of the land;
• SNiP standards;
• fit into the landscape;
• did not violate the rights of third parties.

If it meets all these criteria, then the construction can be legalized administratively or judicially.

If the intended purpose of the object corresponds to one of the following:

• specially protected resource;
• forest or water fund lands;
• cultural heritage site,

then legitimizing self-construction is a hopeless task.

How to find out if there is a building permit?

If we are talking about buying real estate in an apartment building, it is better to check the developer in advance. This approach allows you to avoid difficulties in the future when registering a home and selling it. First, the reputation of the organization is checked. This is easy to do by studying reviews on special websites or through the register of problematic construction companies. In addition, information can be found on ministerial websites or resources of committees dealing with construction issues in the region.

When assessing reputation, you should do the following:

• Check for debts. To do this, you should visit the bailiffs resource and make sure there is no debt.
• Duration of operation on the market. The longer an organization works in the construction industry, the better.

It is worth remembering that drawing up loan agreements, reserving real estate or investing is illegal. In such cases, if the company goes bankrupt, it will not be possible to receive compensation. The legal way is to draw up a shared construction agreement (share construction agreement), purchase a certificate or join a cooperative.

An easy way to find out if there is a building permit is to contact the developer and ask him to hand over the necessary documentation. If a company values ​​its reputation and has nothing to hide from clients, it will hand over permitting papers upon request. When studying a construction permit, it is important to pay attention to the authority that issued the document, the period for granting it, and the expiration date. It is important that the permit expires later than the estimated date of commissioning of the facility.

Let me line up

This conflict situation has developed in the Krasnodar region. There, the owner of the land began to build a two-story house on it for herself and her family. But local officials refused to issue the citizen with permits to build a house. The courts sided with the officials, forcing the owner to go to the Supreme Court, where they agreed with her arguments.

The Supreme Court declared the refusal of officials to issue a construction permit illegal and overturned it

It all started with the fact that the citizen was the owner of the site. The Department of Municipal Control of the city administration conducted a routine check of “compliance with land legislation.” There were shortcomings. The result of the inspection was an act in which it was written that the owner had not complied with the requirements of the Land Use and Development Rules in Krasnodar. Namely, a capital facility was erected on her site without a building permit.

The owner of the site contacted the administration and asked to issue her a building permit. Officials refused to issue a permit, noting in passing that “there is no provision for issuing building permits for capital construction projects that have already been constructed.” The citizen was also informed that they had sent the materials “on the fact of unauthorized construction” to the municipal control department of the administration in order to take administrative measures against her.

The owner of the site considered the officials’ refusal to be illegal and went to court. There she asked officials to oblige her to issue her a permit to build a house for her family. But the court sided with the officials. The appeal agreed with this decision. I had to complain to the Supreme Court. There, the Judicial Collegium for Administrative Cases said that local courts committed a “significant violation of substantive law.” The Krasnodar courts proceeded from the fact that it was possible to begin construction of a capital facility only after obtaining permission. Since the plaintiff did not fulfill these requirements, her “object has signs of unauthorized construction.” The courts emphasized that obtaining a building permit after the start of construction is not provided for by law.

According to the Supreme Court, this position is erroneous, and the court explained why. The Town Planning Code states that local authorities are responsible for issuing construction permits, commissioning and reconstruction of capital construction projects in the city. The same code explains what a building permit is. This is a document confirming the compliance of project documentation with the requirements of the urban planning plan of the site or the territory planning project.

On the land of a resident of Krasnodar, only the foundation of a house was built. The Supreme Court concludes from the above norms of the Town Planning Code that officials have the right to refuse to issue a construction permit solely on the basis of legal norms and circumstances specified in the law, but the start of construction work is not included in such grounds. The refusal of permission due to the construction of a foundation does not comply with Article 51 of the Town Planning Code, the court emphasized.

From the analysis of this article of the Town Planning Code, it follows that inspections by the authorized body are carried out solely for the purpose of establishing the possibility of constructing an object according to the project on this site. At the same time, the start of construction work does not affect the decision on the compliance of project documentation with the requirements of urban planning regulations, and the possibility of building a house on this site according to the provided design. In case of a positive conclusion, there are no legal grounds for refusing to issue a construction permit, the Supreme Court said.

Local courts recognized the refusal to issue a permit to build a house as correct and stated that the object “has signs of unauthorized construction.” But the Supreme Court objected - there is no evidence in the case materials that the citizen began construction of her individual house with “significant violations of town planning and construction standards.” There is no such conclusion in the written refusal to issue a construction permit.

Such conclusions exclude the possibility in the future for the land owner to register the house in the usual manner and are illegal.

According to the Supreme Court, the decisions of the local court should be canceled and a new decision should be made in the case. The Supreme Court declared the officials' refusal to issue a construction permit illegal and overturned it. The High Court made a decision in which it ordered officials to consider the citizen’s application for a permit to build a house.

How to check permission to build an apartment building through Rosreestr?

If you don’t want to delve into the developer’s documentation, you can check the building permit via the Internet. This is easy to do if you have the property’s address, cadastre number or other information on hand.

To find out if there is a building permit, take the following steps:

• Go to the Rosreestr website and select the city.
• We find a section for providing reference information on real estate properties online.
• We indicate the data for the search (provided when registering the DDU agreement).
• We receive information about registration in the registry. If the system does not display information, there is no permission to build an object (including an apartment building).

Visiting the Rosreestr website is an opportunity to check other information, namely the status of the object, the number of square meters, type and number of floors. Information about the material used for construction is also provided.

How to draw up a statement of claim and what documents are needed?

To consider a court case on the legalization of self-construction, both general and auxiliary documents will be required:

• a receipt confirming the fact of payment of the state duty;
• passport of a citizen of the Russian Federation;
• land plot plans - urban planning and cadastral;
• technical passport from BTI;
• correspondence with the administration with attempts to legitimize squatter construction administratively;
• other documents that can be used as evidence.

Tips for checking a developer

The main task of the buyer is to find out whether there is permission to construct the object. But this is not the only information that is recommended to know about the developer. It is important to study the objects that have been put into operation, study the reviews and comments of specialists regarding the quality of finished buildings. Special attention is paid to problems that arise after the commissioning of the facility, as well as the speed of their resolution.

If possible, it is recommended to find out the nuances regarding delays in the delivery of the object and the reasons for the problems. It is worth checking the availability of a postal address and the possibility of registration, the likelihood of difficulties associated with the preparation of documentation. Important nuances are the connection diagram of the facility, the fulfillment of promises by the developer, the type of organization responsible for resolving utility issues.

Documentation

When checking a developer engaged in the construction of an apartment building, it is worth checking the availability of the following documents:

• Construction permit.
• Title papers for the plot where the building is being erected.
• Technical conditions, restrictions, project and others.
• Licenses for the construction of multi-apartment buildings.
• Declaration of commencement of construction (must be approved).
• Approved design documentation (with mandatory examination).
• Agreements on connecting the property to various communications (required if the house is being prepared for commissioning).

The difficulty is that in the absence of legal education it is difficult to verify these documents. That's why it's better to take a specialist with you. If a construction company plans to transfer the first floors to commercial buildings, this is a plus.

When assessing a developer, it is worth clarifying the following points:

• Availability of actual and legal address.
• Own website with detailed information about activities with scans of documents. In some cases, it is possible to find out if there is a building permit on the developer’s resource. It is important that the site is updated and videos and photos are added.

Registration procedure

The construction approval service includes 4 stages:

1. Consultation with INFOSTROY-mosreg specialists. We work with clients from Moscow and the Moscow region. During the consultation, the customer indicates what kind of facility he wants to build and in what area. The situation is analyzed and possible risks are identified that could lead to refusal to issue documents. Experts will help avoid disagreements on the part of local governments and state authorities and prepare project documentation.
2. Collection of documents. INFOSTROY-mosreg specialists will check for a complete package of documents. In the absence of any documents, in accordance with the requirements, these documents will be prepared as soon as possible. When the full package of documents is ready, specialists on behalf of the customer submit an application for a construction permit (RNS).
3. Correction and addition. Changes are made based on the recommendations of the town planning committee that checks the documents.

At the stage of registration of project documentation in information systems for supporting urban planning activities (ISOGD), comments may arise from Mosoblgeotrest. INFOSTROY-mosreg specialists will eliminate the comments as soon as possible.

1. The final stage is obtaining a construction permit (RNS).

What to do after a positive court decision?

If the court sided with the plaintiff, then it will be possible to register the property rights in Rosreestr. To do this you will need to provide:

• application for registration of property rights;
• the court's decision;
• power of attorney for representatives (if documents are not submitted in person);
• receipt for payment of state duty - 2 thousand for individuals, 22 - for legal entities.

A legal entity can independently provide constituent documents or Rosreestr will do it for it. Additional documents may be required, which will be reported by the organization's employees. The period for registering property rights will be 10 working days.

Features of issuing permits for the construction of commercial real estate

More stringent requirements are put forward for the construction of non-residential facilities that generate permanent income than for the placement of civil buildings and utility structures and structures.

Initially, you should decide on the location of the development and submit to the authorized bodies documents confirming the fact of legal ownership of the land: registration certificate for the site, lease agreement. A commercial building permit must be obtained before construction work begins on the site.

The next step is not the preparation of technical specifications for design documentation, but the choice of a name for the construction project. But for this you need to have a clear understanding of the purpose of the developed project, as well as the technical features of future activities.

The name is chosen in accordance with the type of permitted use of the land. It reflects the functional use of the object, which may change due to changes in the purpose of commercial real estate.

List of required documents to be submitted

A permit for the construction of a commercial facility is issued on the basis of an application and a set of documents attached to it.

According to paragraph 1 of Art. 51 of the Civil Code of the Russian Federation, a mandatory document that must be submitted to the authorities for consideration is a city plan of a plot of land. This paper is provided free of charge by local authorities upon application from the developer within 1 month.

The plan determines the boundaries of the plot to be developed, restrictions on the use of the territory, the location of the permissible location of the object, and the parameters for connecting to utility infrastructure networks.

Materials included in the design documentation:

• explanatory note;
• a plan for the planning organization of a land plot (LPOSU), made in accordance with the information contained in the urban plan of the land plot, indicating the location of the capital facility, its transport and walking accessibility, cultural heritage sites, and the boundaries of public easements;
• diagrams showing architectural solutions;
• information about engineering equipment, a consolidated plan of engineering networks indicating the locations of connections of the planned capital construction facility to utilities;
• commercial real estate project;
• information about the building’s compliance with fire or environmental safety standards;
• information on organizing the safe operation of the facility.

When reviewing documents, interested authorities take into account the category of land plot selected for construction, the distance from its borders to residential buildings and areas. The specifics of the commercial facility itself also influence the process of issuing a permit.

You can also obtain permission to build commercial real estate through the multifunctional center, where you should also apply with all the above documents.

The development of design and estimate documentation can be ordered from the design organization. The preparation of these materials in relation to a capital commercial facility is carried out on the basis of the requirements set out in Art. 48 Civil Code of the Russian Federation. Project documentation describes architectural, engineering, technical, volumetric and spatial design solutions to ensure future construction, and contains data on the design capacity of a capital commercial facility.

But first, engineering and geodetic surveys must be carried out or, in other words, topographic surveys must be carried out on the ground. This work should be entrusted to specialists who have a license to carry out geodetic and cartographic work or who are members of a self-regulatory organization.

You can obtain SPOZU and technical conditions for connecting a commercial facility to utilities with the help of specialists from the Grad Developer company, who closely interact with government agencies responsible for issuing the documents just mentioned.

We propose to work together on a project, starting with the development of the project concept and ending with its implementation.

Our lawyers are very persuasive when it comes to getting government permission to build a commercial property. In addition to submitting high-quality documentation, they provide compelling arguments in favor of issuing the document that are almost impossible to refute.

It is accepted to submit an application with a package of all required documents to the administration of the municipal district at the location of the commercial property.

Requirements for land plots

Let's consider the basic requirements for land plots for the construction of production facilities:

• Location of the site. Determining the location of a future industrial facility is one of the most responsible and important stages of construction. The future success of the enterprise depends on the suitability of the land plot for the purpose that the investor intends to realize.
• Territorial planning. The site was formed as part of the territory planning program, has clear boundaries, and is included in the state land cadastre.
• Another important requirement for the site will be its type of permitted use.
  The type of permitted use represents the entire possible scope of use of a given territory. It is determined by state or municipal bodies that establish land use rules and affects the urban planning regulations of the corresponding urban development zone. An industrial facility can be built not within the boundaries of a populated area, but outside it. In this case, construction can only be carried out on a site classified as industrial land.
• The selection of a site is made by studying the state cadastre and taking into account the environmental and sanitary restrictions of certain territorial zones.

Material costs

The future owner of the land plot will have to bear the following expenses:

1. The provided copies of documents must be certified by a notary. The cost will be 200-500 rubles, depending on the region and the tariffs of the notary’s office.
2. Individuals pay a state duty in the amount of 2000 rubles, legal entities - 22 thousand rubles.
3. The transfer of land ownership depends on its location. In large cities this is 10-20% of the cadastral value, in local entities - no more than 3%. For cities with a population of more than 3 million people, you should focus on the upper limit, i.e. 19-20%.

In addition, it should be noted that in some cases it is necessary to obtain permission before starting construction. This document will cost 15-50 thousand rubles. depending on the region and type of building being constructed.