How to obtain permission to build a private house, cottage and balcony

⭐ ⭐ ⭐ ⭐ ⭐ Legal topics are very complex, but in this article, we will try to answer the question “Obtaining a Permit to Construction of a House in St. 2020 Reviews.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

Case from life : When registering a house and plot according to a simplified scheme, the question arose, “Have cadastral numbers been assigned?” At the gardening partnership, the lawyer said no. It’s good that they suggested checking at the MFC. The operator reassured that she had to stand, since from 2020-2020 all gardening partnerships were obliged to transfer cadastral information to Rosreestr. To be sure, I made a request for information on real estate objects. Having paid 800 rubles, the answer came on the same day by email and turned out to be positive, the house and land are registered in the cadastral register. Thus, she saved herself from providing services of calling surveyors and employees from BTI.

• notification of the planned construction or reconstruction of an individual housing construction project or a garden house -;
• notification of compliance of the parameters of the individual housing construction and garden house with the maximum parameters of permitted construction from the local administration.

Getting the registration result

Federal Law No. 218-FZ of 2006 gives citizens who own real estate the opportunity to register it in a simplified manner, without permission to put the house into operation. These actions came to be called the “dacha amnesty.”

On January 1, 2020, Law No. 217 “On gardening and horticulture by citizens for their own needs” came into force. It explains what can be built in SNT. It is possible to build a residential building in SNT if it is a capital construction project with its own infrastructure.

Construction of a house in SNT

• the plot of land must be within the boundaries of a populated area;
• on the territory of SNT, town planning regulations approved by the municipality must be in force;
• the erected structure must be subject to this regulation;
• the height of the house is no more than 3 floors and 20 m;
• total area - more than 12 sq. m., with a kitchen starting from 6 sq. m.;
• the presence of conditions for living in a round house, i.e. the availability of communications and electricity. An ideal state of communications is not required. Enough so that they can ensure their livelihoods throughout the year. For example, if there is no power grid, it is enough to have a generator.

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The content of the article

Horticultural societies allowed temporary buildings that could be used for temporary residence, but not for registration. If a permanent structure was being built, then, at the request of the owner, a commission was invited, which declared the structure suitable for habitation. Then registration with Rosreestr and registration took place.

The essence of the above law was that unauthorized construction was not prosecuted by law. Accordingly, to build a garage, bathhouse, etc. on your land. there was no need to obtain appropriate permission for this action and its subsequent use.

1. Documents that confirm the existence of such an object with its property description. Until 2010, it was enough to have a cadastral passport, but new amendments require permission to put it into operation.
2. A document confirming the right to own the land plot on which the object was built.

Amendments to the law “on dacha amnesty”

The main condition for successful registration of ownership of a house is its location on a plot allocated for gardening. This also applies to areas located within the boundaries of horticultural non-profit partnerships (SNT). If a plot of land was allocated for gardening, then it will not be possible to register a house built on it.

For reference: today there is a simplified procedure for converting a country house into a residential one, and this will continue until March 1, 2020. Subsequently, the rule will change and become more complicated, so it is not recommended to delay this issue.

Alas, no matter how much the government advocates for the necessity and expediency of a new law regulating legal relations in the field of gardening, many Russian summer residents are not satisfied with the innovations. All claims are set out in an official paper on 400 pages, which was presented at the III All-Russian United Forum of Gardeners, held in the city of St. Petersburg. In this document, gardeners spoke out about the innovations and substantiated their injustice and illogicality.

Criticism of the new law on SNT

Bringing the constituent documents into compliance with the law of 29.2020 No. 217-FZ is the first thing that all gardeners and gardeners need to do. The text of the law clearly states which points must be included in the new charters of partnerships. It is noted that the essence of the innovations for SNT and ONT in terms of the charter is the same.

The owner, having decided for himself that he will register the cottages, must prepare certain official papers for construction. Because without them the process will not continue, and all documents must be taken care of in advance. To do this, it is important to remember exactly what you will need and make sure that everything on the list is on hand.

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Russians will be required to obtain permission to build country houses

In Russia, restrictions on the height of garden and country buildings may return again, and the construction of some of them will have to obtain permits from local authorities. Such requirements are contained in the draft law “On gardening, horticulture and dacha farming,” which the government has begun to closely consider, Rossiyskaya Gazeta reports. The publication notes that we are talking about fundamental amendments affecting the interests of 60 million summer residents.

If the bill is passed, changes will come as early as 2020, with a transition period until 2027. During this period, dacha associations will have to undergo re-registration. It will not be required if we are talking about a horticultural (for gardening and dacha farming) and vegetable gardening (for gardening) partnership. At the same time, the bill classifies in detail the types of land plots and the types of buildings on them. If the project is approved, then, for example, on plots for gardening it will be possible to place only temporary buildings - sheds, cellars, sheds for storing agricultural implements and grown potatoes. It will not be possible to build capital construction projects - summer houses or bathhouses.

12 Jul 2020 stopurist 380

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Is it necessary to register a country house in SNT

The process of registering buildings on a garden plot can be carried out according to a simplified scheme - according to the dacha amnesty. But, despite the ease of registration, not everyone is in a hurry to go to the registration authorities, because after registration they will have to pay taxes for the property.

About the dacha amnesty

1. If the cadastral documentation contains incorrect information about the area of ​​the land plot.
2. The applicant did not submit all documents.
3. Papers contain corrections or errors.
4. The fact of falsification of documents was discovered.

If the structure was erected on the lands of a gardening partnership, then it is possible to register rights without a deed until 2020. However, the registration procedure has been simplified. Until 2020, only a declaration and a receipt for payment of the duty were needed. Now these documents are not enough. It is necessary to call technical engineers to determine the coordinates of the structure and draw up a technical plan.

Permission to build a house on your own plot: how to obtain

Is it so? Is it generally necessary to obtain a permit to build a house and, if so, in what situations? You will learn about this, as well as familiarize yourself with the list of documents that are required for the construction of a private house on your own site, in particular to obtain permission and where to actually obtain it, from this article.

If the land on which you plan to build your future permanent residence falls into one of the above categories, then obtaining permission is mandatory. Without it, your building will be considered illegal and may be subject to demolition. And also, subsequently you will not be able to register ownership of the constructed residential building.

Construction permit in SNT

1. A declaration or other document that confirms ownership of the site. This could be an extract from a gardening book, or a certificate of ownership.
2. Receipt for payment of state duty for 350 rubles.
3. Applicant's passport.
4. Cadastral passport for the plot.
5. Technical plan for the building.

Permission to build a house on your own plot: how to obtain

If the owner of the site has not yet started construction, it makes sense to inquire whether there is a development plan approved by the local authorities. This document includes the permitted height of buildings, and in some cases indicates what they should be made of. Compliance with these standards is mandatory for everyone. Deviation from the plan will be regarded as a violation of the rules of the partnership or cooperative.

Please tell me if there is agricultural land on the plot for gardening in SNT to start building a house in 2020. Let’s say we put a foundation and even possibly a frame for shrinkage, but the construction is to be completed in 2020, I don’t understand what to do with the building permit and I can’t find anything. As I understand it, they won’t give it to me in 2020, but in 2020 it is already necessary. This will be a bathhouse with a guest room, the total floor area is 4*5.

Why is 1m enough for a bathhouse? Our neighbor installed a bathhouse in the 1st room, is it useless to sue him? If we are talking about SNT, how does a bathhouse differ from any other building? After all, it is still impossible to register a residential building. - NORMAL.

SNT site construction permit

Hello! The situation is this: 10 years ago, a plot of land was purchased in SNT in the Moscow region with an unfinished wooden garden house (no exterior or interior decoration, windows, doors). There is a cadastral plan of the land plot, it says “permitted use/purpose: for gardening.” The Certificate of Land Ownership states: “object of right: land plot for gardening, category of land: agricultural land”, also the area and address: SNT, account no.

• If the house is built from low-flammable materials (such as brick, metal, etc.), then the distance between objects must be at least 6 meters;
• Wooden buildings are placed at a distance of at least 15 meters;
• In mixed versions - at least 10 meters.

1. application for transfer of premises;
2. title documents for the premises being transferred (originals or notarized copies);
3. a plan of the premises being transferred with its technical description (if it is residential, a technical passport of such premises);
4. floor plan of the house in which the room being transferred is located;
5. a project for the reconstruction and (or) redevelopment of the transferred premises prepared and executed in the prescribed manner (if the reconstruction and (or) redevelopment are required to ensure the use of such premises as residential premises).

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Can a house in SNT be demolished?

Meanwhile, for each type of land on the territory of the Russian Federation there are certain restrictions for use. There are land plots on which the construction of residential buildings is strictly prohibited or limited. These include:

The new law does not oblige gardeners to demolish capital buildings if they were erected and registered before the entry into force of Federal Law No. 2020. Also, owners of plots in the DNP should not worry about the exclusion of the legal concept of “dacha” from legislative documents. Previously in the Russian Federation there were 9 forms of association of citizens owning land plots (various cooperatives, partnerships and partnerships), now there are only 2 left: SNT and ONT. This means that all other associations will be renamed, the content of the charters of organizational and legal forms will gradually change. We can say that land owners will not “feel” serious changes due to the transfer of DNT to SNT or ONT, because they will not have to make any changes to the title documents for the house and land.

Rules for building a house on a summer cottage in 2020

• No more than three above-ground floors;
• Not higher than 20 m of the entire building;
• The housing must, at a minimum, include: a living room, a kitchen (dining room), a toilet, a shower room, a storage room, etc. In this case, the bedroom must be at least 8 sq.m., the living room at least 12 sq.m., the kitchen at least 6 sq.m;
• The height from floor to ceiling in the living room and kitchen is at least 2.7 m (in the attic floor - 2.3 m);
• Availability of natural light (windows) in the living room and kitchen;
• Availability of systems: heating, ventilation, water supply, drainage, electricity supply;
• In housing during the heating season, the air temperature in the living room should be at least 20 degrees, in the shower room at least 24, in the kitchen and toilet at least 18. In a garden house, such a temperature regime is not required. By the way, this is the difference between a garden house and a residential building.

• technical plan;
• receipt of state duty (amount of 2000 rubles, details can be obtained from any territorial department of Rosreest or MFC);
• agreement on the distribution of shares (if the site where the house is built belongs to several owners/users).

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Instructions

1. To obtain permission, the developer applies to the regional department of architecture. You must first obtain an extract from the cadastral passport of your plot from the cadastral plan. If objects have already been built on the site or a dilapidated residential building remains, you must take an extract from the cadastral passport and cadastral plan of buildings from the BTI.
2. In addition to these extracts, the developer writes an application, presents title documents for the site and buildings, as well as a project and sketch of the house and utilities.
3. The project and sketch are prepared by an architect, who can be called from the regional department of architecture or from any private company with a state design license.
4. The architecture department issues a document on project approval for construction, which indicates all the organizations in which it is necessary to collect resolutions and seals, first of all, district utility services to obtain the signature and seal of the head in the appropriate column. At the next stage, the document is approved by the regional fire department. The head of the local administration leaves his resolution last.
5. The agreed document is presented to the department of architecture and urban planning, where they issue a construction passport, which indicates the location of the building, as well as the number of storeys. A building permit signed by the chief architect of the city or district is also issued here.
6. The received documents must be reserved at the local administration. During construction, the height and red line defined by the architecture must be strictly observed. These are the main parameters, if violated, the building cannot be put into operation.

The permit is issued for 10 years. If the developer does not have time to complete the house, he again contacts the architecture department to renew the permit.

Permission to build a balcony on the first floor

Expanding the square footage of an apartment without moving to another home is the dream of all city residents, and especially those who can add a balcony, especially on the ground floor, since the area close to their houses is usually not used in any way. But before contacting builders with a draft order, its construction must be permitted and agreed upon for a number of reasons:

• balconies are common property of multi-storey residential buildings;
• Permission is required from the owners of the house to erect a balcony;
• the maintenance, repair and even demolition of such a balcony are regulated by the Rules for the maintenance of common property in an apartment building. (Government Decree No. 491 of August 13, 2006).

If all homeowners are owners without allocation of shares, it is necessary to obtain permission from all residents of the residential building, which can be drawn up in the form of Minutes of the general meeting, with an agenda for this issue.

You should also make sure of the design features of the house by:

• contacting the project architect;
• obtain consent to change the project, with approval of its copyright;
• get his recommendations on the strength characteristics of the balcony, on the methods of its construction, taking into account the features of the building structure.

Balconies are attached to the walls of high-rise buildings, and only the authors of the house project can inform applicants whether the building design allows for any changes to the load-bearing walls.

If the house was built in the Soviet era, then the copyright of the research institute or construction trust passed to the legal successor, who should be contacted after finding out their addresses in the local government.

Another interesting feature of the construction of balconies is the desire of residents to catch up and build a balcony much larger than all existing ones in the house. Sometimes such redevelopments are allowed:

• if the facades of the houses are not on the red line;
• if the building is not declared an architectural monument, when changing its appearance in any way is unacceptable;
• when there is permission from the author of the project;
• with the written consent of the neighbors.

In recent years, the housing stock in the outback has become dilapidated and many residents, not counting on help from management companies, are restoring it on their own, including collapsing balconies. The owners of such housing, having spent considerable money, build entire rooms instead of balconies. Since 2010, the construction of balconies larger than a standard balcony located on the floor above is prohibited.

Be that as it may, according to all documents, the addition of structures to a multi-storey residential building is regarded as a balcony. Accordingly, in order to obtain construction permits, it is necessary to prepare all the papers and approvals for the project documentation.

How to obtain permission to build a balcony on the first floor? All stages are prescribed in Article 51, Part 2 of the Town Planning Code of the Russian Federation.

The algorithm of actions will be as follows:

1. We write an application to the Department of Town Planning Permits of your locality.
2. We request documents for the land from the Criminal Code or DEZ - a cadastral plan and a certificate of the status of the land plot. We attach them to the application.
3. We initiate a general meeting of all owners of MKD apartments to obtain their consent in the form of a Protocol.
4. If a balcony will be erected in a house controlled by an HOA, you can take the written consent of all owners.

Having received permission from officials, they order a balcony construction project from an architectural bureau. The project must be coordinated with:

• fire supervision;
• gas industry;
• energy supply company;
• heating network, water supply and solar power plants.
• permission from the energy supply organization.

The construction of a balcony often affects many utility networks inside the house, if the new balcony is turned into a living room with heating and lighting. In addition, an attached balcony cannot reduce the passage of daylight into neighbors' apartments. If there are no positive conclusions about insolation, then the dimensions of the balcony will have to be changed. The legislation of the Russian Federation also prohibits blocking windows with building structures that impair the natural lighting of the room. Poor lighting primarily worries the neighbors of a balcony under construction.

When constructing a balcony, all steps must be coordinated with the BTI: the first time to obtain documents for the Town Planning Department; then - in connection with the order and production of a new technical passport - because thanks to the erected balcony, the appearance of the apartment changes. Registration of these documents for the balcony is also necessary so that in the future there will be no difficulties in transactions with living space.

But before that, you need to hire a construction team to build a balcony and then hand over the work to the selection committee. The commission includes a representative of the design organization, who is responsible for the development of technical documentation, supplemented by utility workers and a representative of the state administration. You can contact the BTI with the approved Acceptance Certificate.

Obtaining permission to purchase the desired additional square meters in the form of a built balcony involves many approvals, which should not be ignored in any case, since the authorities may require restoration of the original appearance of the house if they consider the actions illegal.