No hotel, no industrial plant, or any other building other than a single-family residential building can be built. Cases flash in the news from time to time when bailiffs carried out a court decision and demolished illegal buildings, no matter how solid they may seem.
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A plot of land for individual housing construction is allocated only to solve the housing problems of one specific family. Despite the fact that the site is owned and construction is being carried out with the owner’s personal funds, the owner of the site will not have the right to build what he wants.
Not only the intended purpose of the land must be taken into account, but also all building codes and regulations. The distances from the red line, between neighboring houses and in relation to the fence, all this is strictly regulated. Violations are punishable by fines and requirements to correct construction errors.
Purpose of land
Anyone who acquires a plot of land for the first time is faced with such concepts as the status of the allotment, the category of land, VRI - the type of permitted use of the land plot.
At first, it can be difficult to understand how private household plots differ from SNT and individual housing construction. And how do these concepts relate to the question of how to build a hotel on individual housing construction land?
Each land plot belongs to one of seven categories that exist in Russia. Among them:
- lands of populated areas;
- agricultural category;
- water fund;
- forest lands;
- stock;
- specially protected;
- industrial.
All residential buildings and structures were built on the lands of settlements. Each category contains from several to several hundred permitted uses (APUs).
For individual housing construction it is also one of these types. Individual housing construction - individual housing construction.
That is, these are lands on which you need to build a residential building for one family. “Necessary” because this is the status of this land plot or its intended purpose. Let's see what can happen if this principle is violated. For example, if you build a hotel on private housing construction land.
Financial plan
Before opening a mini-hotel, you need to study the market, find out whether there is a lot of competition for similar services in your city, determine the target audience, and draw up a business plan. The profitability of a mini-hotel will depend on the following factors:
- what city will you open in;
- where to locate the hotel - in the center or on the outskirts;
- buy your own property or rent it;
- what will be your average room occupancy rate;
- what will be the seasonal price fluctuations?
We suggest using the template table below. By filling it out, you will be able to preliminary assess the profitability of the planned business.
| Expenses | ₽ | |
| Initial | Purchase of real estate | |
| Business registration, paperwork, obtaining permits | ||
| Redevelopment, repairs | ||
| Furniture | ||
| Technique | ||
| Equipment | ||
| Textile | ||
| other expenses | ||
| Monthly | Wage | |
| Taxes | ||
| Payment for laundry and other outsourced services | ||
| Utility and operating costs | ||
| Total: | ||
| Income | ₽ | |
| Revenue from rooms (per month) | ||
| Additional income: parking, copying services, luggage storage, safe, etc. (per month) | ||
| Total: | ||
Legal basis
Individual housing construction lands, norms and rules for the development of such sites are regulated by the Land and Town Planning Codes. According to the law, land plots must be used for their intended purpose. Construction of a residential building on the land for individual housing construction must begin within three years.
Otherwise, the land plot may be confiscated from the owner because it is not used for its intended purpose (Civil Code of the Russian Federation, Article 284). Purpose, according to the VRI, is the construction of a residential building.
Using the site for the construction of any other project is also considered a violation.
According to the building codes and regulations (SP 30-102-99), by which development is regulated, a residential building on an individual housing construction site must meet certain standards:
- there should be only one residential building on the site;
- should not be higher than 3 floors;
- the house must be intended for one family;
- the area of the house is no more than 1200 square meters;
- certain standards of distance between buildings, both your own and those of neighbors, must be observed;
- There are certain minimum sizes of rooms inside the house.
If these standards are not observed, the house, according to the Civil Code of the Russian Federation, may be demolished. There were precedents when apartment buildings were built on individual housing construction sites. By court order they were demolished.
Obtaining permission to put the facility into operation is mandatory. How to register a garage on an individual housing construction site? See here.
The control body imposed a fine on the owner
The city administration conducted an inspection and discovered that the site was not being used for its intended purpose: while the owner was supposed to use the land for individual residential development, business activities were carried out on it in the absence of information about the owner. Meanwhile, the Internet contained advertisements about the operation of the hotel and bath complex.
The state inspector for the use and protection of land brought the owner to administrative responsibility and imposed a fine of 10 thousand rubles. The district court indicated the legality of the decision and upheld it.
Hotel on a plot for individual housing construction
A hotel on a site for individual housing construction is the same violation of the rules as an apartment building. A hotel is a place where services for temporary accommodation of guests are provided. Neither by definition nor by the structure of the house are a hotel and a residential building on an individual housing construction site similar to each other.
In a hotel, even with a small number of rooms, the house is supposed to be divided into rooms, each of which is provided with amenities. It is unlikely that the house planned for a hotel will be accepted. But, if this is so, then any complaint from neighbors will put an end to such a business.
A good solution would be to change the type of permitted use. It's not that easy, but it's possible. Currently, the change of VRI occurs upon the application of the owner to Rosreestr.
Documents you will need:
- statement;
- copy of the passport;
- extract from the Unified State Register or certificate of ownership.
The application must accurately indicate the name of the desired VRI. It should be in the Classifier. If the issue is resolved positively, the hotel can operate legally. Otherwise, the hotel business will have to be conducted in constant fear for its construction.
Is it possible to build?
First of all, after receiving documents for a land plot, you must obtain a building permit. This is a document that is issued by authorized organizations and gives the right to construction and subsequent registration of the building. Without permission, the facility will not be accepted and put into operation.
Another necessary document before starting construction should be the project. The project for development on individual housing construction lands is prepared independently. It includes all buildings, communications, and their location.
A building permit confirms that the project complies with the site plan. Without permission it is impossible to start construction.
Even at this stage, when preparing the project and obtaining permission, it will be problematic to draw up documents for the construction of a future hotel. But there are citizens who skillfully use the ambiguity of wording and manage to build a small hotel on their site.
In this case, the number of floors, area and other requirements are met. But individual housing construction lands are not intended for commercial activities. Some entrepreneurs, in order to avoid punishment, transfer land to another type of permitted use.
Can an individual housing construction residential building be used to provide hotel services?
Let us note once again that in order to find an answer to this question, we must immediately separate an individual housing construction residential building in its classical (legal) understanding (3 floors, no higher than 20 meters, etc.) from those structures that are de facto individual housing construction residential buildings. are. Since they were initially built not for family residence, but for carrying out exclusively business activities and are more reminiscent of hotels or apartment buildings, rather than individual housing construction houses. And not only in terms of number of floors and heights! They are, as a rule, corridor type, all rooms (rooms) are equipped with bathrooms, there are public areas (lobby), recreation, in some elevators, bars, restaurants or cafes, etc. And the owners themselves and their families, as a rule, do not live in such hotel houses.
Therefore, these are two completely different options in terms of complexity from the point of view of legalizing the provision of hotel services. And from the point of view, for example, of fire danger, the objects of protection are also completely different: residential buildings of individual housing construction - functional fire hazard class (FPO) - F1.4., Residential buildings by name and de jure, but de facto hotels - F1 .2! And these are two big differences in terms of fire safety requirements and equipment with fire protection systems and means!
Option No. 1: Classic residential building individual housing construction.
Can such a house be used to provide hotel services?
Let us turn to Article 17 of the RF Housing Code. The law states that residential premises (this is a general concept that includes a residential building) are intended for the residence of citizens. The same article states that the use of residential premises (residential building) may be allowed for professional activities or individual entrepreneurial activities by citizens living there legally, subject to certain conditions (if this does not violate the rights and legitimate interests of other citizens and meets the requirements requirements for residential premises).
What about hotel services? The same article of the RF Housing Code contains restrictions on the use of residential premises. In particular, the location of industrial production, HOTELS is not allowed in them... The law introduces a ban on the provision of hotel services only in the residential premises of MULTIPLE-Apartment residential buildings!? Based on this, we can assume that it is possible to provide hotel services in residential buildings of individual housing construction! It seems to us that it is possible! To do this, you don’t even need to change the VRI of the land plot, call individual housing construction houses guest houses or tourist housing...
Some will object. They say there is a ban on the provision of hotel services without going through the mandatory classification procedure. Yes, there is such a ban.
But we read carefully: “the provision of hotel services is permitted only if there is a certificate of assignment to the hotel (!) of a certain category provided for by the regulations on the classification of hotels (clause 5 of the Rules for the provision of hotel services). But, in this ban we are talking about HOTELS. And an individual housing construction residential building is not a hotel! In the broadest sense, according to the Housing Code of the Russian Federation, it is a residential premises.
Option No. 2: De jure a residential building for individual housing construction, but de facto a hotel.
In this situation, everything is much more complicated. This is the case when the patient is more likely dead than alive. And no amnesty will work here! After all, in terms of its functional purpose, in terms of the type of permitted use of the land, in terms of the number of people present, in terms of the load on the electrical network, in terms of water consumption and drainage, this is not at all a residential building for individual housing construction (no more than 3 floors, and no higher than 20 meters).
We are already talking about buildings with 4, 5 and even more floors! And there may be more than a dozen placements in them! In fact, this is an apartment building or a hotel! But on paper, this is still a residential building for individual housing construction!?
But during their construction, with the tacit consent of control and supervisory and law enforcement agencies, local governments with support from the courts, which recognized the right to commission such... houses, all conceivable and inconceivable norms were violated: land, urban planning legislation, fire safety , sanitary standards, environmental safety standards, etc.!
How can all this be amnestied now? Without changing or bringing the actual functional purpose (in fact, the hotel) into compliance with the requirements of legislation, technical regulations and standards? This is impossible!
Other objects
On an individual housing construction plot, you can build not only a residential building, but also outbuildings. These include:
- barn;
- bath;
- garage;
- rooms for poultry and pets, etc.
A gross violation is considered to be the construction of outbuildings, but at the same time the absence of a residential building for a long time.
According to the law, construction of a house on a land plot for individual housing construction must begin within 3 years. The law says nothing about additional buildings. This means that their construction in such areas is not necessary.
Find out whether the lands of private household plots can be transferred to individual housing construction. How to get a plot for individual housing construction for free? Information here.
How to transfer SNT to individual housing construction? Details in this article.
When is permission needed?
In 2021, according to the Town Planning Code (Civil Code of the Russian Federation, Art. 45-51), in order to build a house, you need to prepare an IRD (initial permitting documentation). One of the main documents that is included there is a construction permit. It is necessary not only for construction, but also for reconstruction of capital structures.
A barn, bathhouse, or garage are not considered capital, so you do not need to obtain permission to build them.
If the construction of such facilities is not agreed upon by the administration, this does not mean that they can be located at random.
Additional buildings on individual housing construction lands are erected in accordance with construction rules and regulations (SNiP). They provide minimum distances that must be maintained. These are indentations from the red line, a residential building, your own and a neighbor’s fence.
Possible risks
Risks in the hotel business are associated not only with its internal work, but with external factors:
- The economic crisis and, as a consequence, a drop in demand for services, an increase in prices for goods and equipment, and a decrease in the solvency of citizens.
- The emergence of new players on the regional market with more favorable conditions.
Economic risks are difficult to predict in advance and difficult to protect against. And you can fight competition - for example, by coming up with unique services. Some hotels now have “smart breakfasts” that activate the brain, an aroma menu with different aromatic oils, a menu of vinyl records, special rooms with toys for children, and even rooms with a bed and toys for dogs and cats. You can come up with your own “trick,” use it to attract guests and retain regular customers.
