How and where to apply for permission to build a residential building

What is a building permit?

In fact, this is a document that confirms:

• the right of the owner to erect an individual building on a plot of land belonging to him;
• compliance of the developed project with the urban planning plan of the land plot.

Issues related to the execution of a permit document are regulated by the Town Planning Code (Article 51), where it is noted that it represents the following set of information:

• site design;
• results of the survey (if necessary);
• what actions can be taken in the future with the constructed building.

Any actions related to the construction of a residential building are subject to approval. Source ya-kadastr.ru
If the intention to build your house is firm, first you should decide whether you need permission to build a house on your own site. In 2021, it will not be possible to do without it only on the grounds that the land is registered as a property, that we are talking about an individual housing construction plot (individual residential construction).

Obtaining approval is mandatory for land plots for individual housing construction, regardless of whether the house will be built on a rented or own plot. In addition, without permitting documentation, it will be difficult to register a house in the cadastral register, since it will be necessary to legitimize the self-construction through the court.

Pros and cons of custom design

Positive aspects of individual design in private construction:

1. Saving time . There is no need to redo and adjust inconsistencies in the documentation. Construction will proceed systematically, without any incidents;
2. Cost savings . If the type of foundation and the weight of the structure are chosen incorrectly, then everything will have to be redone, and this will increase the cost of construction by at least 50%;
3. Safety . Every detail is taken into account during the design process, so the cottage turns out durable and reliable.

As for the cons:

1. Production time . If the owner of the site orders a complex project for a two- or three-story cottage, then specialists can work with it for several months, since they will have to do a lot of calculations and research;
2. High price . Perhaps the most significant negative point. Depending on the complexity, the cost of an individual project can be 50 or 100 thousand rubles, and this is not the limit.

Why do you need a permit?

The document gives the owner the right to take any actions regarding the building:

• construction;
• reconstruction;
• repair work.

With a permit in hand, you do not have to worry about litigation over the boundaries of the site. The owner has access to lending and the use of maternity capital.

The speed of making a decision on permission to build a residential building depends on how carefully and correctly the development of the house project is carried out. Source domzone.pl
Part of the land may fall into an environmental protection zone or security communications zones may be located on it. Such nuances limit construction possibilities. But the landowner may not know about them before receiving approval.

A building erected without a permit is difficult to legitimize. You will have to go to court to have the building recognized as your property. But in this case, government agencies legally recognize it as self-construction. You can obtain the appropriate document, but this will be the right of ownership of the self-construction.

When is a permit issued?

The decisive factor in the need to obtain approval for construction work is the type of land permit:

1. For areas allocated for individual housing construction, the document is drawn up before the start of any work.
2. If the land was provided for a summer house or garden, then permission to build a country house will not be required.

You can safely build without approvals:

• any structure on a site allocated for a summer cottage or garden (on agricultural land), without the right to register it as a residential premises - such a structure will be considered a temporary structure;

To build a temporary garden house on a dacha plot, a permit for the construction of a dacha house is not required Source cdt-kolokolchik.ru

• any non-permanent building (bathhouse or garage, shed or greenhouses) on a personal plot.

In the second case, the main condition is that the object being built should not be used for commercial purposes.

Independent creation of a future home project

It is certainly possible to draw up and calculate a construction project on your own if we are talking about simple structures. For example, a small typical country house, which does not need any communications except power supply. It will be possible to live in such a building during the summer season.

Important! The main advantage of projects downloaded from the Internet or drawn by yourself is that you don’t pay anything for them. However, there are many more negative sides. In construction, many things can only be correctly calculated by a professional with a higher construction education: for example, loads on the foundation and floors, structural stability, calculation of the volume of materials and their competent selection.

As a result, having developed a project with your own hands, you can get something completely different from what was planned or, even worse, a low-quality house that will not last long. Therefore, if you have a desire to build:

1. permanent house (with foundation);
2. durable (for tens or more years);
3. for permanent residence (including in winter);
4. with “heavy” walls (made of brick, concrete, etc.);
5. with communications installed inside (plumbing, heating, electricity, sewerage).

In this case, it is better to entrust the task to professionals and contact a company for turnkey construction. As a last resort, if the budget does not allow, you can consider purchasing a standard project or order an individual one, but from a professional architect who will make all the calculations in accordance with the rules and regulations.

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 it possible to start building a cottage without a project or according to your own design?

We often see an abundance of advertising in newspapers, the Internet and TV from developers, contractors, architects, builders, and material manufacturers. Everyone praises their service and product, they are afraid that their competitors have everything bad, of poor quality, but they have the best, and in general - there is no way to build a house without them...

And if you start an argument with them, you may hear different things: for example, that building a house without a design, without their professional competencies, is risky and illegal. Is it really?

In fact, the construction and design of private houses with a height of no more than 3 floors and for single-family residence is practically not regulated by the legislation of the Russian Federation. Yes, there are certain construction standards, SNiPs, GOSTs, by-laws and clarifications, but if you do not violate them, then there will be no problems.

This means that any private developer can literally draw a sketch of his future home by hand and receive a building permit.

Video description

Issues related to obtaining permission to build a house on a site are discussed in detail in the video:

Required documents

The list of required documents includes:

• identification card of the landowner (if registration is carried out through a representative - power of attorney);
• documentation establishing the legal right to the land plot;
• urban planning plan;
• project documentation, including information about utilities, explanatory notes, etc.;
• positive opinion from an independent expert (if her expertise is required).

Important! If the examination was carried out by a non-state body, a document confirming the authority of the organization is required.

Sample urban planning plan for a land plot Source 2ann.ru
The authorized body is given 10 days to check the submitted documentation, including reconciliation of the project with the urban planning plan.

As a result, the permit will either be granted or denied.

Reasons for refusal

When submitting documents, the reason for refusal may be:

• incomplete set of documents;
• the papers do not meet the established requirements;
• an inappropriate person applied.

Refusal after review of documents:

• the dimensions or technical and economic indicators of the future structure do not comply with the Civil Code of the Russian Federation.

Some of the problems that arise can be resolved on the spot. If controversial situations arise, the decision must be challenged in court. This can be done immediately after receiving an official response about the refusal.

To challenge a decision in court, receive an official refusal Source kazned.ru

How long does it take for a document to be issued?

In the current legislation of 2022, the period within which the certificate must be issued is clearly indicated. It is no more than 10 days from the date of filing the application with the relevant authorities. The legislation specifies the following deadlines for similar procedures:

• issuance of the permit itself – 10 days;
• extension of construction time – 5 days;
• making changes to the document upon change of owner – 10 days;
• making changes to the Permit itself – 5 days;
• issuance of a duplicate – 5 days.

To avoid any difficulties during the issuance process, you should collect all the necessary documents in advance, fill out the application correctly without errors and enter all the necessary information there.

Duration and termination of the permit

A permit for the construction of an individual residential building received in 2021 remains valid for 10 years. This period is sufficient to complete the construction of a construction project (possibly reconstruction).

If necessary, you can temporarily freeze construction work - the permit to build a private housing construction building remains valid for 10 years Source proektproekt.com

The developer must, within 10 working days after receiving the approval, provide the authority that issued it with additional documentation on the number of floors, utility networks, area of ​​the facility, etc.

The document will be suspended temporarily if:

• special work is carried out without the required permission;
• there is a threat to the health and life of people;
• the rights to use neighboring land plots were violated.

If the violations are eliminated completely (this takes from 10 to 90 days), the permit is renewed. However, the deadlines allotted for construction will not be postponed.

The validity period can be extended by a maximum of 3 months if construction work has already begun.

To do this, you need to adjust the schedule and, together with the rest of the documentation, transfer it to the institution that issued the permit. This must be done 60 days before the end of the approved period.

If construction work is already underway, then, if necessary, you can extend the approved time frame by 3 months Source gorod-novoross.ru

It is possible to completely cancel the validity of the permit if

• the reasons why the permit was suspended have not been eliminated;
• continuation of work renewed the threat to the population;
• damage to utility networks is caused;
• urban planning, sanitary or construction standards are violated;
• significant violations of the project are identified;
• contractual obligations are ignored when performing construction or reconstruction work;
• Three months were not enough to eliminate violations that threatened people’s lives and health.

To resume work in such cases, you will have to obtain a new permit.

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, which 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

Stages of designing a private house

Let's take a step-by-step look at the main stages of drafting a project.

Analysis of functionality, placement and use of space

• what rooms need to be equipped and how they will be located relative to each other so that all family members feel comfortable in them;
• the number of bathrooms is determined;
• a decision is made on how many storage rooms, vestibules, non-residential premises and auxiliary rooms there will be;
• the optimal ceiling height is selected;
• the type of heating and the location of communications are selected.

Registration of ownership rights to individual housing construction objects

Rosreestr and its terrestrial agencies are engaged in registering property rights to private residential buildings. The fee for this service is 350 rubles.

When data on a land plot is available in the Unified State Register of Registers, that is, it is registered as a property, you will need, in addition to the application:

• civil passport of the owner (representative with power of attorney);
• cadastral passport;
• receipt of payment of state duty.

If the land is not registered, you must additionally present:

• title document for the land plot;
• papers confirming that the individual housing construction project is located on the territory of this site.

Papers are reviewed within 10 working days. The applicant is issued certificates of ownership:

• to an individual housing construction project;
• on a plot of land (if necessary).

Only after receiving a certificate of registration of property, the owner has the right to dispose of the property. Source znatokdeneg.ru
Registration may be suspended or denied altogether. This happens due to the lack of information about the registered plot of land in the state real estate cadastre.

What does the design documentation look like and what does it include?

Let's consider what should be included in a house project if you ordered it from a design organization.

Architectural section

Here a description of all the parameters and data of the future house is compiled, with detailed cross-sectional drawings of each floor, facade, and roof. All information about lintels, door and window openings and ventilation ducts.

Structural section

Coordination of the plan from the first section with the drawing of the foundation, floors, rafter system, and the construction of the basement, if one is planned. All wiring and components and features of the rafter system arrangement are indicated.

Engineering section

Here, drawings are made and all engineering systems are described (water supply, gas pipelines, electrical wiring are designed). As well as methods for introducing them into the building.

If it is planned to install heating from main gas, then a separate project is ordered and approved accordingly in Mosgaz (or the corresponding service in your region). Low-current systems (security, television, Internet communications) also require separate design.