Permission to build a house: is it required in 2021

Often, citizens who own land plots believe that since the plot is in their ownership, it means they can build any real estate on it. However, this is not at all true. In this article we will examine in detail the question of what such a judgment can lead to and how its negative consequences can be prevented. So, you own a plot of land on which you want to build, for example, a residential building. According to the law, every citizen must notify the local government about such intentions before starting construction, and upon completion, notify the same administration about the completion of construction, attaching a technical plan for the constructed facility. This is a moment you can't miss. It is necessary to build real estate and notify government authorities so that the construction is not recognized as unauthorized construction.

According to the Civil Code of the Russian Federation, art. 222, not only real estate that was built in the absence of building permits, but also a building erected in violation of town planning and building codes will be considered an unauthorized construction. If the property is recognized as a self-construction, it will not be registered in the cadastral register and the ownership of it will not be registered.

What objects are considered unauthorized construction?

An unauthorized construction in 2021 is considered to be one that:

1. Built on a plot of land that was not provided in accordance with the established procedure. The land must be owned or disposed of by persons on the basis of other title documents (lease agreement, purchase and sale agreement, agreement of perpetual use, right of lifelong inheritable possession).
2. Built on land on which the construction of a specific type of object is prohibited, i.e. does not allow the type of permitted use.
3. Built without obtaining approvals and (or) construction permits from local authorities.
4. Has violations of town planning standards, construction rules, fire safety, etc.

What is recognized as self-construction

According to legislative provisions, unauthorized construction includes various options for buildings that, for various reasons, are not coordinated with the administrative structures of the locality within which they are located.

It is quite easy to recognize what self-building is. There are a number of characteristics characteristic of self-built objects:

1. The facility was built on land that was not properly registered as the property of the owner.
2. The construction project appeared on a site whose intended purpose did not imply this use option.
3. A house or other structure was built, bypassing the approval of various administrative structures.
4. The construction of the facility occurs in violation of urban planning standards and other requirements (for example, fire safety), as a result of which it was not possible to obtain development approval.

Any of these options is a serious reason to worry about the future ownership and right to dispose of property. The faster the issue of illegal building on a private plot is resolved, the fewer problems await the owner.

How to register a self-construction

If the property has the “status” of self-building and is owned or owned by someone, then the state will first give time to eliminate the violations (for example, reduce the area of ​​the building). Violations must be eliminated within a specified period, otherwise the authorized body will issue a demolition order. When a building is not registered, there are two main ways to register it in accordance with the requirements of the law - administratively or judicially.

The first way is to legalize self-construction administratively.

The legalization procedure through the administration is processed “retroactively.”

• To begin with, a notification about the start of construction should be submitted to the administration with a description of the construction parameters (height, number of floors, area, etc.).
• If no objections are received to the notification, it is necessary to conclude an agreement with the cadastral engineer for the implementation of the technical plan.
• Next, a formal notification of completion of construction is sent to the administration along with a technical plan.

If there are no violations, the local government authority will send you a notification about the compliance of the constructed facility with urban planning standards and transfer the documents to Rosreestr. But it should be said right away that you can receive a refusal from the executive body at any stage of the above. This method is suitable for those who have built real estate on the lands of individual housing construction or private plots. For SNT there is a “dacha amnesty”, which makes it possible to register a residential building without notification of construction. You can register your rights under a simplified procedure until March 1, 2021 .

The second way is to legalize unauthorized construction through the court

The basis for transferring the case to court is the refusal of local governments to formalize the unauthorized construction. The court will order a mandatory forensic examination, which will confirm the capital construction of the building, its compliance with the requirements of GOSTs and SNiPs, etc. But you can order an independent construction expert yourself before filing a lawsuit in order to find out in advance about the presence of violations and correct them. Sometimes the conclusion of a pre-trial examination is sufficient for the court and there will be no need for a judicial examination. When you already have in your hands a refusal from a government agency, a technical passport for a capital construction project (CFU), an extract from the Unified State Register of Land Registers for a land plot, then you should then competently draw up a statement of claim, in which you must take into account that:

• the land plot must be owned, inherited for life, permanent (indefinite) use;
• the building must comply with the category of land and type of permitted use (VR);
• confirmation that a specific building does not violate the rights of third parties (neighbors) (the norms for indentation during construction are observed, etc.).
• the reasons for going to court should be indicated, i.e. state the reason for unauthorized construction or the grounds for refusal of a construction permit.

Although both methods are not fast, but if the construction is important to you and in the future you plan to make various transactions with it, then you should be patient. If there are adequately substantiated reasons why the squatter building was erected, the court usually rules in favor of the plaintiff.

How to obtain a building permit - step-by-step instructions

If before August 2021 it was necessary to obtain a construction permit, now the procedure has changed. According to Art. 51 of the Civil Code of the Russian Federation (https://www.consultant.ru/document/cons_doc_LAW_51040/570afc6feff03328459242886307d6aebe1ccb6b/) before starting construction, the land owner is obliged to notify the authorities about this. The form of the document is slightly different, but in general it gives the same powers. Thus, this notification is permission to build a house in SNT. So what is the sequence of actions?

Checking the site category

Simply contacting the administration is not enough; before that, you need to check what category is assigned to the site, and also find out which municipality the land belongs to. If the site is located in a conservation area or in an area not intended for construction, permission will be denied.

Preparation of documents

Preparation of documents is an important stage; you should start with receiving an extract from the Unified State Register of Real Estate.

Then you need to fill out a notice of planned construction in the form approved by Order of the Ministry of Construction of the Russian Federation dated September 19, 2018 No. 591:

• passport details and full name of the person conducting the development;
• cadastral number, address and description of the location of the site;
• presence of other owners;
• information about the purpose of the site;
• layout of objects on the site, distance from borders and other objects;
• notification that in the future the premises will not be divided into several independent objects;
• contact details of the applicant and method of response.

Contacting the organization

The owner is obliged to contact the organization authorized to issue a building permit in a horticultural non-profit partnership (SNT). This could be the local administration, the department of land and property relations, or the town planning committee. Rosreestr, BTI, and the Cadastral Chamber do not deal with such issues.

You can submit documents in any way: by mail, in person, through the MFC, or the State Services portal. If a representative acts instead of the owner of the plot, his powers must be confirmed by a notarized power of attorney.

Read more about how to obtain permission to build a private house through State Services in our article.

Obtaining a building permit

A reasoned decision is made within 7 working days from the date of receipt of the application. If the structure does not exceed the maximum parameters provided for by law, permission will not be denied. If the project has critical deviations, it will be necessary to make adjustments and send the documents for re-approval.

IMPORTANT! The permit is issued free of charge and is valid for 10 years from the date of receipt.

For more information on how to obtain permission to build a house, read our article.

Fines for unauthorized construction 2021

The Code of Administrative Offenses of the Russian Federation established monetary penalties for the construction of real estate without permits

• For citizens from 2,000 to 5,000 rubles
• For officials from 20,000 to 50,000 rubles
• For legal entities from 500,000 to 1,000,000 rubles

When registering unauthorized construction, penalties cannot be avoided; they will have to be paid in any case, but the consequences may be more global. The further development of events is the liquidation of real estate. In order to avoid such consequences, as well as for the purposes of the legitimate use and operation of the property, we strongly recommend that you consider the issue of legalizing unauthorized construction.

What documents are needed to build a private house?

How to build a private house?

Where to start building a house on the site? Sometimes this is not the purchase of building materials, but the collection of necessary papers. What documents may be needed to build a house on your own site?

Having decided to start building a house, many do not think about obtaining permission to do so. However, as follows from the provisions of the Town Planning Code of the Russian Federation, its presence is required to give the building legal status.

According to its provisions, such permission is mandatory for the construction or reconstruction of any capital facilities.

Private houses also belong to the category of permanent buildings, and are buildings (up to 3 floors in height) in which one family lives. Houses built with this document cannot be considered illegally built.

In its absence, there may be problems with entering information into a unified cadastre, registering owner rights, and establishing communications. Obtaining loans for the construction of private houses without permits will also be problematic. State institutions and bodies recognize such buildings as actually built without permission in violation of the law. There are fines for their construction.

The nuances of obtaining permits

There are no additional fees or charges when submitting documents. Until 2021, registration was carried out in a simplified manner; this procedure did not require the submission of project documentation. If the documents were received earlier and the validity period has not expired, there is no need to reissue them. After the expiration date, you will need to re-register again.

A document may become invalid under the following circumstances:

• the owner, on his own initiative, renounced the right to land;
• ownership rights to the site were revoked;
• ownership of subsoil, without which the building cannot be operated, has been terminated;
• forced revocation of property rights, including in favor of the state.

Within a month after the termination of property rights, the authorities revoke the building permit. There are situations when, after receiving permits, a change of owner occurs.

Illegal construction

Individual housing construction, which was carried out without the necessary permission, can become a source of problems for the owner:

1. The house will not be equipped with the necessary communications.
2. The building cannot be registered with the BTI.
3. Without legal registration of ownership rights, the building cannot be disposed of.
4. To obtain permission for an already constructed building, you will have to go to court. Satisfaction of such claims is extremely rare.
5. If upon inspection it turns out that the house was built in violation of SNiP, then it will simply be demolished. And the owner may be held administratively liable for threatening the environment.

Project of a private house and its passport

Drawing up a project for a private house and its passport

To obtain permission to build your house, you do not need to provide design documentation. At the same time, the developer can prepare it at his own request. The house project includes all the basic data and characteristics necessary for its construction. It includes architectural, construction and engineering information, including plans, drawings of all parts of the house, its communications, estimates, and project passport.

When is permission not required?

Which properties will not require additional permits?

Since development is usually not limited to one house, citizens often have questions about obtaining permits for all buildings. When answering this question, you should refer to Article 51 of the Town Planning Code of the Russian Federation. Its provisions contain a list of cases when such permission is not mandatory:

• for economic auxiliary buildings;
• for a garage on a summer cottage or other area not used for business activities;
• during the construction and reconstruction of buildings that are not related to capital construction projects;
• repair, reconstruction of objects without significant changes to their design and basic characteristics.

This list is not final and closed; the provisions of urban planning legislation may provide for other cases.

General requirements for individual housing construction

The construction of an individual housing construction project implies not only the availability of infrastructure. When constructing an individual housing construction house, the owner of the site must adhere to SNiP - building codes and regulations. General fire safety rules include the following:

1. The plot should not be less than 0.06 hectares. At the same time, it is surrounded by a fence no more than half a meter in height.
2. In the absence of a central sewer system, the owner is obliged to arrange a compost pit on the territory.

Pros and cons of individual housing construction

A plot of land intended to be used for individual housing construction has a number of significant advantages. Being the owner of your own piece of land, you can build houses and other buildings on it according to your plan and design. Many private houses are attracted by the absence of neighbors.

Individual housing construction objects are subject to a simplified procedure for registration and processing of tax deductions. However, owners of such plots will have to come to terms with some restrictions. First of all, they relate to the size of the site itself and the structure being built on it.

In addition, obtaining plots and constructing private houses are strictly regulated and require the issuance of permits and the preparation of a large volume of documents. This type of land use is more expensive.

What does it take to build a house? What documents are needed before starting construction of a private house? How to obtain permission to build an individual residential building, watch the video:

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Discussion: 4 comments

1. Irina says:
   12/23/2016 at 19:15

   When we built the house, we did not take any documents before construction, especially since the lands were still for agricultural purposes, only after construction the lands were transferred to individual housing construction and it was possible to register the house as property.

   Answer

2. Anna says:

   12/17/2017 at 02:48

   When building a house, we decided not to experiment ourselves, but turned to a qualified specialist for advice. This helped us avoid a sea of ​​documentation problems in the future, since we did not know many of the nuances.

   Answer

   Pshennikova Svetlana Konstantinovna says:

   11/16/2018 at 14:45

   Who is a qualified specialist?

   Answer

Documents for registration of a land plot for individual housing construction

What documents are required to obtain a plot of land for individual construction?

Before you start building your own private house, you need to purchase land intended for this. Issues regarding the provision of such plots are within the competence of municipal administrations. Anyone wishing to receive a plot of land for individual housing construction must apply there, indicating the purpose of use.

The distribution of plots is carried out on the basis of an auction. Some categories of persons have the right to receive free land, in particular, large families, veterans, and disabled people. The decision to allocate land to these persons is decided in order of priority by a special commission.

The second opportunity to purchase land for individual housing construction is to purchase it from another private person under an agreement. Regardless of the basis for its acquisition, the right to it must be registered with Rosreestr. To do this, you need to submit an application and a certain package of documents. These include:

• passport (other identity document);
• a document certifying a person’s rights to real estate;
• cadastral plan of the site;
• registration application;
• receipt of payment of state duty.