Permission to build a house on your own site: documents, validity period, design features

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.

Registration of a built house through the court

When trying to register an already built house, there is always the possibility of receiving a refusal from the municipality - this is possible at any stage of the process. In this case, you should ask for an official refusal in writing and, having collected the necessary papers, file a lawsuit in court.

To file a lawsuit, you need the following documents:

Written refusal of the municipality to register.
Technical plan drawn up for the built house.
Extract on the condition of the land plot from the Unified State Register of Real Estate.
Conclusions from utility services.
Agreement with the design bureau.
Other approvals with regulatory authorities.

After collecting all the above documents, most likely, a construction examination will be required, which will establish that the house was built in compliance with all standards. When making a decision, the court usually relies on the opinion of a construction expert. And if the document indicates that the construction was carried out without violations, the court almost always issues a positive verdict.

However, if errors and violations were made during construction, the construction examination will reflect this and such a document will not help you in court. In this case, you need to eliminate all defects before contacting an expert. If the defects cannot be eliminated, you can try to resolve the situation peacefully. For example, if the distance from your house to the border of the neighboring property is less than three meters, you must agree on this point with your neighbors. If they are not against such a neighborhood, then you can register the house.

As soon as the documents for the court are ready, you need to pay the state fee and submit an application. The lawsuit must contain information about the plaintiff, the defendant, information about the real estate itself, as well as detailed requirements with which you are applying to the authority.

If there is insufficient evidence during the trial, the judge may require additional examinations. However, it is still better to carry out a construction examination well in advance of the start of the process, since such an examination will cost more during the trial.

Resolution of issues related to real estate is always accompanied by a large number of details and takes time, so the legal process can drag on.

What evidence must be presented to obtain a positive court decision:

Compliance of the object with the category of land and type of permitted use.
Compliance with urban planning requirements.
Safety of the building for surrounding people.
No violation of third party rights.

If the plaintiff manages to provide all the evidence and convince the court that the house is worth saving, the court makes a positive decision. With the court decision and accompanying documents, you should contact Rosreestr, which within ten days will issue you an extract from the Unified State Register of Registration of the house.

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:

For areas allocated for individual housing construction, the document is drawn up before the start of any work.
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.

Who should apply when applying for permission to build a private house?

Having purchased a plot, look at the purpose of your land now. If this is not a historical heritage, there are no violations of the ecological space, then obtain permission. The construction of an individual housing construction house with a competent foreman and conscientious workers will take several months and will be carried out almost unnoticed by the landowner.

Ways to apply for permits:

Districts. Local authorities where the land property is located.

In megacities

contacting the MFC;
personal visit to authorized officials;
online through a private account on the portals of state and municipal services.

Have the right to submit a package

owner of land with a passport and certificate of ownership;
a proxy with a notarized identity/signature.
At the call center of the Unified Urban Development Complex of Moscow, managers will give additional explanations.

When is a permit to build a private house not required?

Lawyers of the Unified Call Center at the Moscow Urban Planning Office are in touch with service consumers at any working hour.
Amendments to the Civil Code of the Russian Federation dated August 4, 2018 established the unnecessaryness of obtaining permission to construction:
garage for personal use;
Individual housing construction, garden house, outbuildings in SNT;
any object - not a subject of capital construction.

There is no need to approve a garage for personal use;
Individual housing construction, garden house, utility blocks in SNT, any object - not a subject of capital construction. Prepare questions and call employees who are knowledgeable about city/suburb planning issues.

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

Why decorate an already built house?

For many years, the authorities have been trying to combat the huge number of unauthorized buildings. Self-construction is not beneficial to the state, because such houses were built illegally, they are not listed in the cadastral register and the tax base, and tax payments are not deducted for them. The state will continue to identify self-construction and combat it.

Owners of unauthorized houses may encounter the following problems:

Inability to dispose of one's possessions. A built house is not your property if it is not officially registered. This means that you will not be able to sell, exchange, give, or inherit it.
The need to demolish an unauthorized building. The administration, having identified an illegally built house on your site, can file a lawsuit for its demolition in court.
Imposing a fine on the owner of an unauthorized building.
The need to pay house taxes for the last three years.

If you are not sure whether it is possible to legalize a built house on your site and how best to do this, contact KB-Real Estate specialists for advice by phone. We will analyze in detail all the nuances of your situation and help you find a way out without wasting time and money. Our experts will prepare all the necessary technical documentation for you. And if necessary, we will go through the entire process of legitimizing the built house together with you.

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

Agencies providing the service

Committee for State Construction Supervision of the City of Moscow - as a general rule for objects on the territory of the city of Moscow, including in relation to an object, the construction or reconstruction of which is planned to be carried out partially within the boundaries of a specially protected natural area of regional significance in the city of Moscow, with the exception of a capital construction project, if such an object (part of such an object) cannot be put into operation and operated independently from the cultural heritage object, the identified cultural heritage object (part of such an object)
Department of Natural Resources Management and Environmental Protection of the City of Moscow - if construction is planned to be carried out within the boundaries of a specially protected natural area of regional significance in the city of Moscow, with the exception of an object whose construction or reconstruction is planned to be carried out partially within the boundaries of a specially protected natural area of regional significance in the city of Moscow
Department of Cultural Heritage of the City of Moscow - in relation to an object of cultural heritage or an identified object of cultural heritage, if when carrying out work to preserve a cultural heritage object or an identified object of cultural heritage, the structural and other characteristics of the reliability and safety of such an object are affected, with the exception of objects of cultural heritage of federal significance, the list of which is established by the Government of the Russian Federation, as well as in relation to a capital construction project, if such an object (part of such an object) cannot be put into operation and operated independently from a cultural heritage object, an identified cultural heritage object (part of such an object)
Administration of the Troitsk urban district - in relation to the territory of the Troitsk urban district
Administration of the Shcherbinka urban district - in relation to the territory of the Shcherbinka urban district

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.

Who issues the permit

The document can be issued in the city or district administration, in the self-government bodies of the settlement in which land for development has been allocated. To obtain permission to build a multi-apartment residential building, the developer must submit an application and a package of documents to the architectural department of the local government.

You can find out their list and the sequence of all actions in the urban planning department of the district administration. The application is written on a standard form.

about issuing a building permit can be found on our website using the link.

The permit is valid for ten years. If construction is not completed within the specified period, it can be extended.

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

Nuances that may arise

Refusal to register may occur due to a violation of the permitted use of land or urban planning regulations. Legislation establishes the boundaries of permitted construction with the establishment of maximum setbacks from other objects. The house must be located so as not to violate the rights and interests of other persons, i.e. in the permitted building area.

In case of refusal, the land owner has the right to go to court to legalize the residential property. If the decision is positive, ownership will be registered on its basis.

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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 objects can be built without permission?

Construction on the land plot is possible without permission, but only for auxiliary outbuildings. Such buildings can be classified as permanent or temporary. The temporary building does not have a rigid connection to the ground; its assembly is carried out without laying a foundation. If necessary, such a structure can be easily moved to another location. The construction of outbuildings does not require notifications or permits.

The transfer of capital buildings is impossible without the appropriate permission. Their construction requires the construction of a foundation. By law, the owner of a land plot does not have to notify the administration or obtain permission to erect such buildings. It is important that one condition be met - the use of buildings for farming.

Capital and temporary structures can be erected without obtaining a permit. It is important that the technical plan of the facility meets the parameters of the auxiliary buildings. According to the law, the category of such objects includes buildings necessary for conducting business activities and maintaining the house.

For example, for the participation of private housing construction, the main structure will be a house. In such a situation, sheds, garages, and summer kitchens are auxiliary structures. There is an important nuance that cannot be ignored. The law does not define which technical objects can be considered auxiliary. If such a building has additional premises, then it can already be considered as an additional object.

If the house is registered, then a small bathhouse can be classified as an auxiliary facility. But in the case of an unregistered house, a bathhouse, which is equipped with a rest room, a kitchen, and its own bathroom, will require permitting documentation for construction. Such objects may be independent, which means you may have problems. Such a bathhouse may be recognized as a self-built building.

The article uses photographs from the site.