We answer a question that worries land owners.
Petrov A.V. owns a plot of land on which a residential building (house) has already been erected, but he wanted to expand and build a cottage, and use the existing real estate as a place of temporary residence.
Another example is when the same Petrov decided to build a second house on the same plot, since there was not enough space in the first one for his family and parents to live.
There are many situations from practice when citizens wonder whether it is possible to build two houses on a plot. It happens when unauthorized buildings are erected that need to be legalized. In any case, it will not be possible to hide a residential property from the registration authorities, so we advise you to use only legal construction methods.
There is no direct ban on the construction of two houses on the same land
Looking into the legislation (Town Planning and Land Codes of the Russian Federation), we will not find any indication that more than one house cannot be built on one plot of land for the purposes of individual housing construction, SNT or private household plots.
However, at the level of regions, villages and districts, local authorities can establish specific rules for the use of land and construction. In short, such rules are called land use and development rules.
According to the PZZ, the maximum and minimum parameters of the land, the permissible percentage of plot (building density) for the construction of real estate, and the standards for setbacks from the boundaries of the site are established. At the local level, restrictions may be established regarding the permissibility of building two houses on one plot of land.
For example, the Leninsky Moscow District of the Moscow Region set the minimum plot size at 400 sq.m., and the urban settlement of Rodniki of the Ramensky Municipal District of the Moscow Region at 600 sq.m. Common to both regions is the maximum percentage of construction, which is 40%, and the minimum setback from the boundaries of the site is 3 m.
Note that the maximum building percentage (density) is calculated as the size of the house along the external walls relative to the land plot. More often the size varies from 20% to 100%.
For example, Ivanov owns a plot of 10 acres, where a house measuring 5 by 6 m was built, which is a house area of 30 sq.m. or 0.3 acres, and the percentage of development on the land is 5. If the property has from 6 to 12 acres, you should focus on 40% for the development of the site.
Two residential buildings on one site: where to start construction
- Contact the local administration and clarify the PZZ, which indicates a ban or permission to build a second house, the permitted location on the site and parameters for construction. The PZZ can also be found on the official websites of the administration of a particular district, for example, type into the search bar of your browser “approved master plans of the PZZ on the official website of the Saratov district administration (replace the region with your own), where the necessary information will open.
- Calculate the percentage of already constructed residential property, since if the permissible percentage is exceeded, the construction of a second house will be refused.
- According to Art. 51.1 of the Town Planning Code of the Russian Federation (GrK RF), send a notice of the start of work to the town planning committee through the MFC, the State Services portal or by mail. The notice contains information about the developer and the site, characteristics of the house and a site plan with two houses, which schematically depicts the planned second residential property. The plan is drawn up by the cadastral engineer of the design organization.
- Having received a positive answer, follow the rules (Grk of the Russian Federation) on the construction of residential buildings. For example, according to paragraph 39 of Art. 1, objects for individual housing construction should not exceed a height of 20 m and occupy more than three floors. If similar and other conditions (fire safety requirements, sanitary standards) are not met, the structure will be recognized as an unauthorized construction.
- Maintain a distance between houses on the site of six or more meters based on building materials, and at least three meters from the house to the boundaries of the land.
- Having completed construction, draw up a notice of completion of work and send it to local authorities no later than a month after the construction of the second residential building on the site. The form for drawing up the necessary notifications can be found in the Appendices to the Order of the Ministry of Construction and Housing and Communal Services of the Russian Federation dated September 19, 2018 No. 591/pr “On approval of notification forms required for the construction or reconstruction of a real estate property, an individual construction project or a garden house.”
- Assign an address to a new residential property (house) before state registration in Rosreestr. The building will have a number similar to the existing object, but with a letter (Moskovskaya St., 21 lit. A), a fraction (Moskovskaya St., 21/1) or a postscript (Moskovskaya St., 21, building 1). Assignment is carried out by local authorities (city department of architecture and urban planning in the local administration, property department) after submitting the appropriate application.
- Send documents for registration of a new residential property to Rosreestr.
In accordance with subparagraph 2 of paragraph 1 of Article 40, paragraph 1 of Article 41 of the Land Code of the Russian Federation (hereinafter referred to as the Land Code), the owner of a land plot, other persons who are not owners of land plots, with the exception of holders of easements, have the right to build residential, industrial, cultural and household and other buildings, structures in accordance with the intended purpose of the land plot and its permitted use in compliance with the requirements of urban planning regulations, construction, environmental, sanitary and hygienic, fire safety and other rules and regulations.
According to Article 51 of the Town Planning Code of the Russian Federation (hereinafter referred to as the Town Planning Code), a permit to construct a building is issued to the developer subject to submission to the authority authorized to issue building permits an application and a package of documents, which includes, among other things, a town plan of the land plot and a planning scheme organization of the land plot, carried out in accordance with the information specified in the urban planning plan of the land plot, indicating the location of the capital construction object, entrances and passages to it, boundaries of public easement zones, archaeological heritage sites. By virtue of the provisions of Part 6 of Article 30, Part 1 of Article 38 of the Town Planning Code, to determine the places of permissible placement of buildings and structures, restrictions are established in the form of: - maximum (minimum and (or) maximum) sizes of land plots, including their area, - restrictions in in the form of minimum setbacks from the boundaries of land plots, beyond which the construction of such objects is prohibited - the maximum percentage of development within the boundaries of the land plot, defined as the ratio of the total area of the land plot that can be built on to the entire area of the land plot. The specified information is subject to display in the urban planning plan of the land plot (Part 3 of Article 57.3 of the Urban Planning Code). Thus, crossing the boundaries of buildings, structures (with the exception of linear objects) and the boundaries of land plots (i.e., violating the minimum setbacks from the boundaries of land plots) and exceeding the maximum parameters of the permitted construction of a capital construction project (including failure to comply with the maximum percentage of land plot development ), is not permitted by current legislation. If the size of the land plot does not correspond to the maximum parameters of the permitted construction of a capital construction project, and the minimum setbacks from the border of the land plot are violated, construction activities on such a land plot are prohibited, and in accordance with Article 222 of the Civil Code of the Russian Federation, the object under construction is recognized as an unauthorized construction. Taking into account the above, one capital construction object (area object) can be placed only on one land plot, and not on several land plots, since when placing a building, structure (except for linear objects) on several adjacent land plots, the requirements of urban planning and construction regulations are violated norms and rules. At the same time, it has been established that linear facilities (power lines, communication lines (including linear cable structures), pipelines, roads, railway lines and other similar structures) can be located on the territory of two or more constituent entities of the Russian Federation and, thus , on several land plots (clause 1 of part 6 of article 51 of the Town Planning Code). However, for this type of structure, the Town Planning Code establishes a separate procedure for their construction, as well as the preparation and issuance of the necessary documents for these purposes. Taking into account the above, in order to carry out the construction of a building or structure (with the exception of linear objects) on adjacent land plots, it is necessary to carry out work in advance to combine such land plots. The procedure for the formation of land plots, including by merging them, as well as the requirements for the formed or changed land plots are contained in Articles 11.2, 11.6, 11.9 of the Land Code.
Two residential buildings on an individual housing construction plot
The legislation establishes the rule for the construction of one residential building. The construction of other buildings is possible when they are not intended for housing (baths, sheds, garages) and are considered auxiliary facilities.
Please note that there is no direct indication for the construction of only one residential property on land for individual housing construction.
If two houses on an individual housing construction plot have already been built, the land is divided into two separate plots, on each of which there will be a residential building.
When dividing, they turn to a cadastral engineer, who, through land surveying, will establish the boundaries of the newly formed plots of land. Each of them is registered in Rosreestr, and the previous (single) one is removed from the cadastral register.
When dividing a plot for two houses, you must follow the rules regarding the intended purpose of the new plots, type of use, area, and the absence of restrictions on construction.
The owner becomes a taxpayer for two plots of land and pays membership fees when the land is divided in order to build houses on the SNT plot. Their size is set in proportion to the number of plots owned by the owner.
If you don’t want to “mess around” with the division, on lands for individual housing construction, you can build two houses on one plot without land surveying, if you assign the second real estate the status of a guest house or an auxiliary building, for example, a bathhouse with living rooms.
But it is worth remembering that such an object is not assigned an address and it cannot be sold without the main house.
It’s easier to register two residential buildings on the site and sleep peacefully.
To obtain a building permit, a request is submitted to the local administration, accompanied by an extract from the Unified State Register of Real Estate on the ownership of the site, a town planning plan, and a land diagram indicating the location for the planned second home.
Building on two plots of land
I’m asking this question for the third time, if you know the answers, please answer!
In the Leningrad region, there is a plot of land for the construction of individual housing construction on lease for 49 years; in August 2012, she registered ownership of a residential building built on this plot. I want to buy land as my own. Studying the Land Code, I can’t understand whether in my case the right to preferential purchase of land was preserved or not (after July 1, 2012)? If not, can I only buy the land under the house (100 m2)?, and where can I find out the price of the buyout? And how can you reduce it? I did not participate in land privatization before. And if I don’t buy it out, but leave it on lease, where is the guarantee that it will be extended for me? There are cases when people are refused to renew their lease...
Excerpt from the Federal Law: Information on changes: Federal Law of December 12, 2011 N 427-FZ amended paragraph 2.2 of Article 3 of this Federal Law
See the text of the paragraph in the previous edition
2.2. Owners of buildings, structures, structures have the right to acquire ownership of land plots that they have under the right of lease, regardless of when the lease agreement for these land plots was concluded - before or after the day the Land Code of the Russian Federation came into force.
From July 1, 2012, owners of buildings, structures, structures acquire ownership of land plots that they have under the right of lease at a price established according to the rules and in the manner provided for in paragraph 1 of Article 2 of this Federal Law, in cases where:
in the period from the date of entry into force of this Federal Law until July 1, 2012, in relation to such land plots, the right of permanent (perpetual) use was re-registered for the right to lease;
such land plots are formed from the land plots specified in paragraph three of this paragraph.
Clause 1 of Article 2:
Article 2
Information about changes: Federal Law of December 12, 2011 N 427-FZ amended paragraph 1 of Article 2 of this Federal Law
See the text of the paragraph in the previous edition
1. Until July 1, 2012, in accordance with this paragraph, the sale of land plots in state or municipal ownership is carried out:
commercial organizations and individual entrepreneurs who are the owners of buildings, structures, structures located on such land plots, if these buildings, structures, structures were alienated from state or municipal property, including if buildings were erected or reconstructed on such land plots, buildings, structures;
commercial organizations and individual entrepreneurs who are the owners of buildings, structures, structures located on such land plots, if these buildings, structures, structures were erected on such land plots instead of buildings, structures, structures that were destroyed or demolished and previously alienated from state or municipal property;
legal entities that are the owners of buildings, structures, structures located on such land plots, when they re-register the right to permanent (perpetual) use of land plots;
citizens and non-profit organizations that are the owners of buildings, structures, structures located on such land plots, if the ownership rights of these persons to these buildings, structures, structures arose before the entry into force of the Land Code of the Russian Federation and if federal laws do not establish a different procedure for these owners acquisition of land plots into ownership.
When these persons purchase such land plots, their price is set by the constituent entities of the Russian Federation within the limits:
twenty percent of the cadastral value of a land plot located in cities with a population of over 3 million people;
two and a half percent of the cadastral value of a land plot located in another area.
Until the subjects of the Russian Federation establish the price of a land plot, the highest price of a land plot for the corresponding area is applied.
Please help me figure it out, please answer my questions, that there are paid consultations, I know it myself! Thanks in advance! Svetlana.
Two separate houses on a plot: how to sell and buy
“Practice shows that despite the absence of a ban on the construction of two houses within the same plot, Rosreestr does not register ownership of a second residential property if the land is not divided into separate plots. Often houses are recognized as unauthorized constructions and demolished,” this statement was received from a real estate expert.
There are not as many people wishing to buy two houses on one plot as the owners would like. In such situations, the land is either divided or each house is sold separately. When purchasing one of two houses, the buyer must understand that he will only own 1/2 interest in the land title.
Not all buyers agree with such rules, which leads to difficulties in selling two houses on the same plot.
Type of permitted use of the land plot
The permitted use of a land plot is a clarifying characteristic showing the purpose of the territory.
All types are listed in the classifier, which is established by order of the Ministry of Economic Development of Russia dated September 1, 2014 No. 540 “On approval of the classifier of types of permitted use of land plots.”
The site may be used only in accordance with its affiliation with a specific type of permitted use. Keep in mind that using a land plot for other than its intended purpose is grounds for bringing the violator to administrative liability.
