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In what cases is permission needed and in what cases not?
Building a house is not only a matter of material costs, but also a waste of time collecting and preparing papers. In Russia, to erect a residential building, you must obtain a special permit. To do this, the owner collects documents and submits them to the town planning agency of his city.
Before building a residential building, it is necessary to agree on all the nuances. First of all, the rule was approved by the Town Planning Code of the Russian Federation. Without permission, any building is considered an unauthorized construction.
In some cases, the owner will have to demolish it without being reimbursed for construction costs. It is important to note that in some cases obtaining permission will not be necessary.
Please note! These include:
- buildings and structures that are not capital construction projects. These include kiosks, mini-stalls, market sheds, sheds and the like;
- objects that are built for a short period of time, for example, a trailer for workers to live;
- construction projects erected for the purpose of major repairs. These include structures in which tools, machines, equipment are stored, as well as houses for workers to live;
- houses, buildings erected on a summer cottage. If the building is not intended for permanent residence, it can be equated to this type of real estate.
- buildings and structures that, in accordance with the Town Planning Code and certain regulations, are not recognized as residential.
Subsidy for the construction of residential buildings in rural areas.
Read here how to rent land from the city administration.
How to register a house on an individual housing construction site, read the link:
In other cases, it is necessary to obtain permission to construct a residential building, shopping center, or industrial building.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
How to fill? | 1-building permit | VLSI Electronic reporting and document flow
Information on the federal statistical observation form N 1-permit “Information on issued construction permits and permits to put objects into operation” (hereinafter referred to as the form) is provided by local governments of municipalities: settlements, municipal districts, urban districts. According to Article 8 of the Town Planning Code of the Russian Federation, these local government bodies are vested with the authority to issue construction permits and permits to commission facilities located on their territories.
In the address part
The form indicates the full name of the reporting organization in accordance with the constituent documents registered in the prescribed manner, and then in brackets - the short name.
By the line “Mail address”
the name of the subject of the Russian Federation, legal address with postal code are indicated.
In the code part
title page form, the code of the reporting organization is indicated according to the All-Russian Classifier of Enterprises and Organizations (OKPO) on the basis of the Notification of assignment of the OKPO code posted on the Rosstat Internet portal at: https://statreg.gks.ru.
Attention! To select the direction for submitting the report (TOGS), follow this procedure:
Attention! If the list of proposed TOGS does not contain the one you need, you can select it by clicking on the “Show all”
. Next, select the appropriate region and TOGS in this region.
Columns 5-7. Nature of construction. Construction permit details
Columns 5, 6, 7
are filled out in strict accordance with the data specified in the issued construction permit.
In column 5
the construction character code is shown: construction – 0; reconstruction – 3.
In columns 6, 7
details of the construction permit, the date of signing of the permit and its number assigned by the authority issuing the construction permit are indicated.
In column 7
a date is indicated as a number: date (2 digits), month (2 digits) and year (4 digits), separated by dots. For example, if a construction permit was issued on April 3, 2020, then 04/03/2016 is entered in column 7.
Columns 8-9. Construction start date. Expected commissioning date
In columns 8, 9
dates are indicated as a number: month (2 digits) and year (4 digits), separated by dots.
For example, if the commissioning of the facility is expected in April 2020, then 04.2016 is entered in column 9
. The basis for filling out is the approved design documentation.
Section 2. List of issued permits for putting objects into operation
Columns 5 – 17, 19, 20
are filled out in strict accordance with the data specified in the permit to put the facility into operation.
Columns 5-6. Name of commissioned capacities, facilities, residential buildings. Unit
In column 5
the name of the actually commissioned capacities, facilities, residential buildings, specified in the commissioning permit, is indicated, in
column 6
- their unit of measurement.
If several capacities, facilities, residential buildings were introduced as part of a capital construction project, then the name of the capital construction project in column 3
is indicated once, in
column 5
the names of each introduced capacity, facility, residential building are given on free lines, in
column 6
- their units of measurement.
Column 7. Nature of construction
In column 7
the construction character code is shown: construction – 0; reconstruction – 3.
Column 8. Object type (code)
In column 8
codes are entered according to the types of capital construction objects: non-residential objects (health care, education, culture, recreation, sports and others) - 56, in accordance with subclause 2.1 “Non-residential objects”; housing facilities – 57, in accordance with subparagraph 2.
2 “Housing facilities”; objects for industrial purposes – 58, in accordance with paragraph 3. “Objects for industrial purposes”; linear objects – 59, in accordance with paragraph 4. “Linear objects” of section II.
“Information about the capital construction project” permit to put the facility into operation.
Column 9. Power
In columns 9 – 17
actual values are entered for the corresponding capital construction projects on the basis of section II. “Information about the capital construction project” permit to put the facility into operation.
In column 9
the value of the introduced power indicator of the corresponding facility is reflected.
If a residential building with built-in non-residential premises (shops, pharmacies, outpatient clinics and others) is introduced, then data on them is also reflected in column 9
(for example, the number of visits per shift to a built-in clinic).
Column 10. Number of buildings
In column 10
The number of commissioned residential and non-residential buildings is indicated.
Control of form indicators
if column 10 ≠ 0, then columns 11, 12 ≠ 0
Columns 11-12. Construction volume of buildings. Total building area
In column 11
– construction volume of the above-ground and underground parts of buildings, in
column 12
– their total area.
Columns 10, 11, 12
are not filled in when commissioning linear objects and other structures (bridges, piers, hangars, tanks and others).
Control of form indicators
if column 11 ≠ 0, then columns 10, 12 ≠ 0 if column 12 ≠ 0, then columns 10, 11 ≠ 0
Column 13. Number of apartments
Data for columns 13, 14, 15, 16, 17
are filled out only for residential buildings (housing facilities - code 57).
In column 13
the number of apartments in commissioned residential and non-residential buildings is reflected.
In hotel-type residential buildings, the number of apartments is determined by the number of isolated rooms with separate access to the corridor (one-room apartments). Data on apartments in dormitories, homes for the disabled and the elderly, and the like are filled in in cases where they are provided for in the projects.
When the extension (superstructure) is a separate apartment, data on it is also included in
column 13
.
For houses intended for single-family residence (individual houses), in column 13
one apartment is reflected.
Control of form indicators
if column 13 ≠ 0, then columns 14 and 15 ≠ 0 if columns 13, 14, 15 ≠ 0, then column 14 ≥ column 15
Column 14. Total area of residential premises including balconies, loggias, verandas, terraces
In column 14
The total area of residential premises is indicated, taking into account balconies, loggias, verandas, terraces, calculated with appropriate reduction factors.
Column 15. Total area of residential premises excluding balconies, loggias, verandas, terraces
In column 15
The total area of residential premises is indicated excluding balconies, loggias, verandas and terraces.
Column 16. Number of floors of units
In column 16
the number of floors in residential buildings is reflected.
Column 17. Wall materials (code)
In column 17
codes for the materials of the walls of residential buildings are indicated: brick - 1, stone - 3, wooden - 4, panel - 7, block - 9, monolithic - 10, other material - 5. In cases where the walls of buildings are erected from several types of materials, it should be attributed to the group of wall materials that predominate in this building.
Column 18. Cost of construction – total
Column 18
is filled in if the specified indicator is available and the actual cost of construction of the facility is reflected in accordance with the approved design and estimate documentation.
Columns 19-20. Details of permission to put objects into operation
In columns 19, 20
the details of the permit to put the facility into operation, the date of signing the permit and its number assigned by the authority issuing it are indicated.
When filling out column 20
The date is indicated as a number (2 digits), month (2 digits) and year (4 digits), separated by dots.
For example, if permission to put an object into operation was issued on April 3, 2020, then 04/03/2016 is entered in column 20
.
Source: https://SBIS.ru/formats/docFormatCard/112286/help
Who issues a building permit
The rules for obtaining a construction permit are regulated by the Town Planning Code of the Russian Federation. Article 51 of the Civil Code of the Russian Federation implies a list of organizations authorized to draw up a document. However, this is not one company, it is a whole complex of institutions.
Important! It all depends on what type of building you want to erect on your site:
- Ministry of Resources, Ecology - when constructing a building on a site using the subsoil of the earth;
- FS for nuclear, environmental, technological supervision - during the construction of a building using nuclear energy;
- an institution for the protection of cultural monuments and important historical buildings - when constructing a building on a historical site;
- Roscosmos State Corporation for Space Activities - during the construction of a structure intended for space.
The permit is issued at the location of the construction site. In the regions there are different types of institutions authorized to issue permits.
When constructing a residential building, they contact the Capital Construction Organization, the Urban Planning Company, as well as the local administration.
Main part ("body" of the document)
The following information is indicated here (in order of display):
- Date (top left). The day on which the authorized body issued the permit to the applicant is recorded.
- Number (top right). This column contains the number of the permit for construction work. It is assigned by the authority that issued the permit, and the structure of the number consists of four elements. Conventionally - ABCD. Each letter has its own meaning. For example, A is the number of the subject of the Russian Federation where construction work is planned. If the structure will be located on the territory of 2 or more entities, the number “00” will be entered. “B” is the registration number that the municipality has received, and on the territory of which construction work is planned. If the object is located on 2 or more formations, “000” is written. “C” is the third number, which represents the permit number. It is determined by the authority that directly issues this paper. “D” is the year the building permit was issued. Elements are separated from each other by a sign, and the numbers have an Arabic appearance. If we are talking about government authorities, and also have a relationship with a nuclear energy corporation, a conditional number is written at the end (determined by the mentioned structure independently).
- The name of the authority (federal, subject, local) that issued the construction permit.
See also: Are cemeteries as structures subject to cadastral registration?
Next comes the inscription that, taking into account Article 51 of the Civil Code of the Russian Federation, the issued document allows:
- Construction or reconstruction of capital construction objects, construction (reconstruction) of a linear structure or a capital construction object that is part of it. When issuing permits, only one type of work for which the permit is valid is specified.
- The name of the capital construction project, taking into account the completed project. Below is the name of the company that assessed the project documentation and issued a positive conclusion (in some cases, the details of the order approving a positive decision on environmental expert assessment are written down). Even lower is the number and day of provision of the positive conclusion of the project, as well as details of the order for approval of the mentioned document. In the latter case there is an important nuance. If approval documentation is issued for facilities in the field of nuclear energy, in addition, information (number and date) of the license for the right to perform work in the field of nuclear energy is prescribed.
- Cadastral number of the land plot within the boundaries of which the construction of a capital construction structure is located or is planned. The number of the cadastral quarter within the boundaries of which the capital construction project is planned to be located is also indicated. The information mentioned above (in paragraph 3) may not be indicated if it is planned to erect a linear structure.
See also: How to register a country house on the cadastral register?
The cadastral number of the capital construction object being restored is also indicated.
- Data about GPZU. The day of issue of the urban planning plan, the document number, as well as the name of the structure that provided this documentation are indicated. There is no need to fill in if the construction of linear objects is planned (except for cases stipulated by the legislation of the Russian Federation).
- Information about the planning project and the site surveying project. Filling in this field is mandatory if we are talking about working with linear objects. The date and number of the decision approving the land surveying and planning projects are indicated. The person who made this decision is also listed here.
- Information about the project for the construction (reconstruction) of a capital structure, as well as when preserving the facility, when important characteristics regarding the safety and reliability of the structure are affected. In this column you must indicate who developed the project and when (paper details, project name).
- Brief information regarding restoration and construction work, as well as cultural heritage sites (not all columns are filled in for linear structures).
The name of the capital construction object, which is part of the property complex (taking into account the information in the project). Information in this column is entered if we are talking about the construction of a complex object.
Next, the main characteristics are indicated - the area and volume of the building, the number of storeys, the number of floors underground, the building area and the site (including the basement), height, spaciousness, as well as other indicators. Other parameters include characteristics that are useful when conducting cadastral registration of a structure.
- The address of the structure that is planned for construction or restoration. As a rule, the real address or parameters are indicated taking into account the state address register. If we are talking about linear objects, the location is indicated in the form of the names of the subject of the Russian Federation and local entities.
- Brief characteristics of the design documentation for a linear facility (category, length, power, type, as well as a list of structural elements). Other indicators are also indicated here (if required for cadastral registration).
See also: Development of design and estimate documentation in construction: action plan
Document footer
1The last part of the building permit form is the basement, which indicates:
- The validity period of the permit in the format until what date and in accordance with what document it was issued. The basis can be project documentation, as well as a regulatory act (day of issue, number, article).
- The position of the person who issued the permit, his signature and transcript.
- Date of issue and place of printing.
- Renewal of permit. Information in this column is entered if the permitting documentation is extended. During the initial issuance, no information is entered.
- The position of the person who issued the construction permit, signature and its transcript.
- Date and stamp.
What options are available for obtaining a document?
There are several available ways to submit documents to obtain permission to construct a building.
These primarily include:
- official website of the Moscow State Construction, Mosgosstroy for the construction of buildings in Moscow and the Moscow region;
- via the Internet on the mos.ru portal for the construction of buildings in Moscow and the region;
- via the Internet on the State Services portal;
- personally through the territorial multifunctional center;
- in person at the local administration;
- in person at the town planning office.
After approval and verification of the documentation, the issuance of the permit itself takes no more than ten days.
What documents will be needed in general?
The Town Planning Code of the Russian Federation describes a complete list of documents that must be prepared to obtain a permit. You can familiarize yourself with them in Article 51 of the Civil Code of the Russian Federation.
Please note! The package of papers includes:
- application for permission to erect a building;
- papers confirming ownership of the land plot on which the building is planned to be erected;
- land plan (owners receive it when registering ownership; if the plot is rented, request a plan from the owner);
- plan of the building to be built;
- explanatory note to the plan of the building being constructed;
- a detailed layout of the construction site, including entrances, approaches and fire exits (additionally, nearby buildings are included, and they describe what type of construction they belong to);
- paper confirming the correct location of the building;
- a document that reflects the complete architectural solution for the planned building;
- paper confirming the equipment of the building with utility networks (electricity, heating, gas supply, drainage);
- a project that reflects a detailed construction plan indicating the deadline for the completion of a specific part of the building;
- plan for demolition, restoration, dismantling of buildings located on a site intended for capital construction;
- expert opinion (it is obtained from the territorial urban planning complex; it is important that it be positive);
- if possible, it is necessary to obtain permission for reconstruction, dismantling, modification of existing real estate;
- consent from the owner of the land plot for the construction of the building, as well as consent from each shareholder of the land.
After preparing the documentation, it is provided at the place where the permit was obtained. Review and verification will take no more than ten days. You will then receive a decision in writing.
ATTENTION! View a completed sample application for a building permit:
List of documents for a private developer
A private developer is a person who plans to build a residential building intended for occupancy of only one family. It is important that the building is no higher than three floors.
To obtain permission for such a developer, you will need to provide only three mandatory papers:
- documents that give the right to erect a building on a given land plot (registration certificate, certificate from the Unified State Register of Real Estate, purchase and sale agreement, gratuitous use agreement, lease agreement);
- a plan of the land plot with a detailed description of the infrastructure of nearby buildings;
- plan diagram of a house that is planned to be built on a plot of land.
The house plan necessarily includes the location of the future house, indicating the entrances, entrances, and exits.
The urban planning plan is obtained from the local administration or another institution authorized to issue such a document.
To obtain it you will need to prepare a lot of additional papers.
Remember! First of all, these include:
- conditions for connecting electricity, water supply, sewerage, gas supply, etc.;
- documents confirming topographic survey;
- a paper confirming the absence of a land plot in the list of protected objects, for example, if it does not belong to a historical monument;
- project of the future building.
However, the Town Planning Code states that a citizen is not required to submit the above documents. Employees of the authorized body are trying to protect themselves and protect themselves from unnecessary work. But, unfortunately, it will not be possible to obtain an urban planning plan without collecting a package of papers.
The permit is issued not to a citizen of the Russian Federation, but specifically to a land plot. The document implies consent to carry out capital construction work by any person.
However, to obtain permission to build a house intended for the construction of a large, multi-story building, the procedure is completely different. More papers need to be collected.
Documents for building a house on an individual housing construction plot
But if a controversial situation arises (for example, a neighbor thinks that your garage is built too close to his fence) and you go to court, everything will be checked and if there are violations, you may be required to demolish the “wrong” building.
A standard sample purchase and sale agreement can be found on the Internet, you can fill it out yourself and, with the completed document, come to the Registration Chamber to register ownership of the land plot for individual housing construction.
05 Aug 2020 lawurist7 144
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Deadline for issuing permits for construction of buildings
Article 51 of the Town Planning Code of the Russian Federation states that when submitting papers to obtain a permit for the capital construction of a residential building intended for one family, review of documents and preparation of a certificate takes no more than 7 calendar days.
However, if a house is being built on a plot of land related to the history of the state, the time frame for issuing a permit increases to 30 calendar days. The same rule applies to construction projects erected in other protected areas.
Watch the video. How to obtain permission to build a residential building:
How to obtain permission to build a private house and a list of documents
This document in finished form is provided to the special committee in exchange for a construction passport. When the procedure for preparing such important papers as the project and passport is behind us, one of the most difficult moments in the matter of obtaining a construction permit begins - checking all the documentation with the help of state expertise.
- Passport (copy + original);
- An application written for a construction permit;
- A site plan together with a certificate of ownership (if the first is not available, you can order it from the cadastral chamber);
- Resolutions of executive authorities with a construction permit, house design;
- A topographic survey plan or a report on the study of the site (to obtain this paper, you must first call a special inspection there);
- Design license (copy + original).
Validity period of the permit according to the law
The building permit is valid for ten years. The countdown begins from the date specified in the document.
Important! The developer is obliged to build and put into operation a residential building within ten years. It doesn’t matter who will carry out the development, the main thing is that during this time a new property appears on the site, registered in accordance with all the rules.
Important! If after ten years the building is erected but not registered, it will have to be demolished.
How to extend the validity period of a document
If you do not have time to build a house and properly register it within the prescribed period, there is a procedure for extending the deadline.
For this you will need:
- 2 months before the end of the main permit, submit an application to extend the construction period;
- provide paper that confirms the start of construction of the house.
However, extension of the deadline may be refused. This applies to those areas where nothing has been built, reconstructed, dismantled, etc. for ten years.
If construction occurs with the distribution of shares, you will need to submit an additional document, which is an order from the bank. It indicates the fulfillment of the developer’s obligations in relation to construction participants.
What to do if your application is refused
If, after collecting a bunch of papers and doing the work, you are refused a permit to build a residential building, do not despair. The main thing is to find out the reasons why the commission made a negative decision.
Attention! They can be found in the response sent in writing. If no links exist, the refusal is considered unfounded. It is being refuted in court.
If the shortcomings are described, they are eliminated, then the documents are submitted again for a permit.
If you have to go to court, you should file a claim that must contain the following information:
- full name of the court, its address;
- last name, first name, patronymic, contact details of the applicant;
- name of the organization that made the negative decision;
- description of the problem;
- the requirement to understand the legality of the body’s actions;
- list of attached documents (passport, copy of refusal, etc.);
- date of filing the claim and personal signature of the applicant.
The claim will be considered within thirty days from the date of registration. Participants are notified in writing of the time and place of consideration.
ATTENTION! Look at the completed sample claim for invalidation of a decision to refuse to issue a construction permit:
Application for a permit to build an individual residential building
Applicant_______________________________________________________________ (Last name, first name, patronymic of the citizen) _________________________________________________________________________ (name of identity document, series, number, by whom and when issued)
I request to issue a permit for the construction (reconstruction, major repairs) of an individual residential building on a land plot at the address: _____________________________________________________________________ (full address of the individual residential building planned for construction (reconstruction, major repairs) indicating the subject of the Russian Federation, _______________________________________________________________________________ administrative district, etc. . or construction address) A plot of land offered for construction, reconstruction, major repairs of an individual residential building, with an area of ________ sq. m. m belongs to the applicant on the right of __________________________________________ ownership, lease, perpetual use, etc. Brief design characteristics of an individual residential building planned for construction (reconstruction, major repairs).
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